Middle District of Florida

Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Georgi Milenov Solakov (29, Tampa) to 10 years in federal prison for possessing with the intent to distribute 500 grams or more of cocaine and for carrying a firearm during and in relation to a drug trafficking crime. Solakov had pleaded guilty on September 2, 2021.

According to court documents, beginning in approximately April 2020, Solakov and a confidential informant (CI) exchanged text messages in which Solakov offered to sell narcotics to the CI. Solakov also asked if the CI needed any firearms and stated that he had some brand-new AR-15s that he could sell to the CI for a “great deal.” In March 2021, Solakov sold 174 MDMA (ecstasy) pills, a rifle, 379 rounds of ammunition, and approximately one kilogram of cocaine to the CI. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.  

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Roger B. Handberg coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Steven Brickner has pleaded guilty to filing a false tax return. Brickner faces a maximum penalty of three years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, in 2017, Brickner raised money from investors allegedly for use in the creation of a marijuana growing and distribution enterprise. Brickner failed to report to his tax preparer approximately $1.05 million of “income” that he had earned during that tax year. The source of that income was the investment activity that he operated during 2017. Brickner used a significant portion of that income to purchase high-end vehicles for his own use and for other purposes and activities that were not business-related. Had Brickner reported all of those funds as “income,” the inclusion of these funds would have resulted in a substantial amount of an additional tax due and owing by him for that year. Thus, Brickner’s failure to report the income caused a significant loss of tax revenue to the United States.

This case was investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

NCH Healthcare System (NCH), which operates two hospitals in Collier County, Florida, has agreed to pay the United States $5.5 million to resolve allegations that it made donations to local units of government to improperly fund the state’s share of Medicaid payments to NCH. 

The Florida Medicaid program provides medical assistance to low-income individuals and individuals with disabilities, and is jointly funded by the federal and state governments. Under federal law, Florida’s share of Medicaid payments must consist of state or local government funds, and not “non-bona fide donations” from private health care providers, such as hospitals. A non-bona fide donation is a payment — in cash or in kind — from a private provider to a governmental entity that is then returned to the private provider as the state share of Medicaid. The private provider’s donation triggers a corresponding federal expenditure for the federal share of Medicaid, which is also paid to the private provider. This unlawful conduct causes federal expenditures to increase without any corresponding increase in state expenditures, since the state share of the Medicaid payments to the provider comes from and is returned to the provider. The prohibition of this practice ensures that states are in fact paying a share of Medicaid payments and thus have an incentive to curb Medicaid costs and prevent unnecessary services.  

The United States alleged that, between October 2014 and September 2015, NCH made improper, non-bona fide donations by: (1) providing free nursing and athletic training services to the Collier County School Board; and (2) assuming and paying certain of Collier County’s financial obligations. Both types of donations were designed to increase Medicaid payments received by NCH, without any actual expenditure of state or local funds. In particular, NCH’s donations freed up funds for the county and school board to make payments to the State as the state share of Medicaid payments to NCH. This state share was “matched” by the federal government before being returned to NCH as Medicaid payments. The Medicaid payments NCH received were thus funded by the federal government and NCH’s own donations, in violation of the prohibition on non-bona fide donations. 

“States and local units of government must use their own money when seeking federal Medicaid matching funds to help ensure that Medicaid payments are determined by beneficiaries’ medical needs rather than donations by hospitals or other health care providers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “When private parties violate the rules by making improper donations to fund the state share of Medicaid, they endanger the integrity of the Medicaid program.”

“Millions of Floridians depend on the Medicaid Program for medical care and related services,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “This settlement underscores our commitment to protecting the integrity of the Medicaid program by ensuring that government funds are legally obtained and used for their intended purposes.” 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The matter was handled by Fraud Section Attorneys Alison B. Rousseau and Jonathan T. Thrope and Assistant U.S. Attorney Carolyn B. Tapie.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

WASHINGTON – NCH Healthcare System (NCH), which operates two hospitals in Collier County, Florida, has agreed to pay the United States $5.5 million to resolve allegations that it made donations to local units of government to improperly fund the state’s share of Medicaid payments to NCH. 

The Florida Medicaid program provides medical assistance to low-income individuals and individuals with disabilities, and is jointly funded by the federal and state governments. Under federal law, Florida’s share of Medicaid payments must consist of state or local government funds, and not “non-bona fide donations” from private health care providers, such as hospitals. A non-bona fide donation is a payment — in cash or in kind — from a private provider to a governmental entity that is then returned to the private provider as the state share of Medicaid. The private provider’s donation triggers a corresponding federal expenditure for the federal share of Medicaid, which is also paid to the private provider. This unlawful conduct causes federal expenditures to increase without any corresponding increase in state expenditures, since the state share of the Medicaid payments to the provider comes from and is returned to the provider. The prohibition of this practice ensures that states are in fact paying a share of Medicaid payments and thus have an incentive to curb Medicaid costs and prevent unnecessary services.  

The United States alleged that, between October 2014 and September 2015, NCH made improper, non-bona fide donations by: (1) providing free nursing and athletic training services to the Collier County School Board; and (2) assuming and paying certain of Collier County’s financial obligations. Both types of donations were designed to increase Medicaid payments received by NCH, without any actual expenditure of state or local funds. In particular, NCH’s donations freed up funds for the county and school board to make payments to the State as the state share of Medicaid payments to NCH. This state share was “matched” by the federal government before being returned to NCH as Medicaid payments. The Medicaid payments NCH received were thus funded by the federal government and NCH’s own donations, in violation of the prohibition on non-bona fide donations. 

“States and local units of government must use their own money when seeking federal Medicaid matching funds to help ensure that Medicaid payments are determined by beneficiaries’ medical needs rather than donations by hospitals or other health care providers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “When private parties violate the rules by making improper donations to fund the state share of Medicaid, they endanger the integrity of the Medicaid program.”

“Millions of Floridians depend on the Medicaid Program for medical care and related services,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “This settlement underscores our commitment to protecting the integrity of the Medicaid program by ensuring that government funds are legally obtained and used for their intended purposes.” 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The matter was handled by Fraud Section Attorneys Alison B. Rousseau and Jonathan T. Thrope and Assistant U.S. Attorney Carolyn B. Tapie.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Jacksonville, Florida –United States Attorney Roger B. Handberg announces the return of an indictment charging Otis L. Shivers (49, Jacksonville) with possessing a firearm and ammunition as a convicted felon. If convicted, Shivers faces a minimum mandatory sentence of 15 years, and up to life, in federal prison. The indictment also notifies Shivers that the United States intends to forfeit a revolver and six live rounds of ammunition. 

According to the indictment, on October 29, 2021, Shivers was arrested by officers from the Jacksonville Sheriff’s Officers outside a motel in the Lane Avenue area of Jacksonville. Shivers had a revolver loaded with six live rounds in his possession. At the time, Shivers had five previous felony convictions for selling drugs and therefore is prohibited from possessing a firearm or ammunition under federal law.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It will be prosecuted by Special Assistant United States Attorney Cyrus P. Zomorodian.

This case is part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Jesus Manuel Rodriguez-Castillo (39, Kissimmee) to eight years and four months in federal prison for distributing fentanyl-laced heroin. Rodriguez-Castillo had pleaded guilty on October 5, 2021.

According to court documents, Rodriguez-Castillo sold approximately 290 grams of fentanyl-laced heroin to a cooperating source and an undercover DEA agent on four separate occasions, from December 2018 through August 2019, for a total of $16,790. Rodriguez-Castillo was previously convicted for robbery in 2010 and aggravated assault with a firearm in 2015, and therefore, determined to be a career offender under federal sentencing rules. 

This case was investigated by the Drug Enforcement Administration, with assistance from the Polk County Sheriff’s Office and the Winter Park Police Department. It was prosecuted by Assistant United States Attorney Dana E. Hill.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Douglas Edward Bennett (77, Clearwater) to 22 years in federal prison for assuming another’s identity, applying for a passport in that identity, and possessing firearms as a convicted felon. Bennett was also ordered to pay a fine of $200,000. Bennett had pleaded guilty to the federal charges on September 30, 2021. After serving his federal sentence, Bennett will be transported to Connecticut to serve a 9 to 18-year state sentence.

According to court documents, in 1975, a Connecticut jury convicted Bennett of several violent felony and sex offenses, including robbery, kidnapping, sexual contact, rape, and two counts of deviate sexual intercourse, pursuant to which he was sentenced to 9-18 years in state prison. After his conviction, Bennett was permitted to remain out of custody pending appeal. After Bennet’s conviction was affirmed, he never surrendered to begin serving his sentence, and instead assumed the identity of Gordon Ewen, under which he lived for more than 40 years. According to Massachusetts death records, the real Gordon Ewen died in 1945.

Around July 2016, Bennett submitted a passport application using the name, date of birth, and Social Security number of Gordon Ewen and failed to disclose Bennett’s true identity.

On November 4, 2020, Bennett was arrested on the federal charges and on a warrant from the State of Connecticut. A fingerprint comparison confirmed that Bennett was the same person convicted in Connecticut in 1975. That same day, federal agents executed a search warrant at Bennett’s home where they discovered handwritten notes detailing the first time Bennett used Ewen’s identity and details on how he originally obtained Ewen’s identification documents. Additionally, inside Bennett’s home, investigators discovered and seized five firearms and nearly five thousand rounds of ammunition. As a convicted felon, Bennett is prohibited from possessing firearms or ammunition.

“The sentence in this case sends a strong message: The Diplomatic Security Service is committed to ensuring violent criminals who commit identity theft to evade justice face consequences for their actions,” said Peter Kapoukakis, Special Agent in Charge of the DSS Miami Field Office. “DSS’ collaborative relationships with the U.S. Attorney’s Office in the Middle District of Florida and our law enforcement partners continue to be essential in the pursuit of justice.” 

This case was investigated by the U.S. Department of State’s Diplomatic Security Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pinellas County Sheriff’s Office, the Social Security Administration Office of Inspector General, with substantial support from the Department of State’s National Passport Center, the U.S. Marshals Service, and the Connecticut U.S. Marshals Task Force. It was prosecuted by Assistant United States Attorney Erin Claire Favorit.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Michael Paul Gillis (64, Jacksonville) has been arrested and charged by criminal complaint with possessing a computer disk drive containing videos depicting the sexual abuse of children. If convicted, Gillis faces up to 20 years in federal prison and a potential lifetime term of supervised release. Gillis was arrested at his home by FBI agents on February 2, 2022.

According to court documents and information provided in open court, FBI agents executed a search warrant at Gillis’s residence on February 2, 2022, and seized a computer hard disk drive that was inside a desktop computer belonging to Gillis. A forensic review of this disk drive revealed that it contained videos depicting prepubescent children being sexually abused.

A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Jacksonville, Florida – Chief United States District Judge Timothy J. Corrigan has sentenced Jose Angel Vazquez (60, Jacksonville) to 18 months in federal prison, followed by 3 years of supervised release, for knowingly making a false statement to a federally licensed firearms dealer. Vazquez had pleaded guilty on November 3, 2021.

According to court documents, Vazquez attempted to purchase a handgun from a federally licensed firearms dealer on October 31, 2020. Vazquez falsely stated on the required ATF Form 4473 that he was not a felon, when in fact he had numerous prior felony convictions, including aggravated assault, felony petty theft, possession of an anti-shoplifting device countermeasure, possession of a controlled substance, grand theft, resisting a police officer, burglary, and possession of burglary tools.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Special Assistant United States Attorney Cyrus P. Zomorodian.

This case is part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced Loyd Tomlinson II (58, Ellenton) to six years and six months in federal prison for defrauding a federally insured financial institution out of more than $20 million. As part of his sentence, the Court also entered a money judgment in the amount of $240,000, the proceeds of the wire fraud. Tomlinson had pleaded guilty on September 28, 2021.

According to court documents, Tomlinson II and his father, Loyd Tomlinson Sr., owned and operated LTA International Global Services LLC (“LTA”), a distribution company. In or around 2015, LTA began to have severe financial problems. In 2016, Tomlinson II and Tomlinson, Sr. devised a plan to fabricate documents and records to raise money from investors and financial institutions in hopes of salvaging LTA’s business.

Tomlinson II and others created fake bank statements, inflated sales, accounts receivable, and inventory documents; borrowed money from private investors (who were often also provided fake documents) as off-the-book loans; used other entities as possible alter egos to raise money or divert sales off the books; and concealed from others the true facts about the financial state of LTA. Based on these false statements and representations, in or around July 2019, a financial institution made a loan to LTA for approximately $20.6 million, which was not recovered.

Tomlinson, Sr. pleaded guilty for his involvement in the scheme on August 5, 2021. His sentencing hearing is scheduled for March 25, 2022.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Rachel K. Jones.

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Dennis Michael Aigotti (54, Bradenton) to 36 months in federal prison for possessing and passing counterfeit Federal Reserve notes. The court also ordered Aigotti to forfeit a laptop and color printer, which are traceable to proceeds of the offense. 

Aigotti had pleaded guilty on October 13, 2021.

According to court documents, on May 18, 2021, Aigotti, attempted to pass a $10 counterfeit Federal Reserve note at Hudson’s Grocery Store located in Boca Grande. After the cashier indicated that the bill was counterfeit, Aigotti left the store in his vehicle and authorities were called. Law enforcement located Aigotti and a search of the vehicle revealed multiple counterfeit notes, a printer, laptop, resume paper, and scissors. During the investigation, the United States Secret Service recovered a total of $410 in counterfeit currency. At the time of the offense, Aigotti was on federal supervised release for passing and counterfeiting Federal Reserve notes; he was sentenced to credit for time served for the supervised release violation.

This case was investigated by the Lee County Sheriff’s Office and the United States Secret Service. It was prosecuted by Assistant United States Attorney Shannon Laurie.

Tampa, FL – U.S. District Judge Virginia Hernandez Covington today sentenced Patsy Truglia (54, Parkland) to 15 years in federal prison for his role in two consecutive conspiracies to commit health care fraud and for making a false statement in a matter involving a health care benefit program. As part of his sentence, the Court ordered Truglia to pay $18.3 million to the affected government health programs and an insurance company. The Court also entered a money judgment against Truglia in the amount of $10,117,738 and ordered him to forfeit numerous assets, including $9,308,235.86 seized from various financial accounts, high-end automobiles (Rolls Royce, Lamborghini, and Mercedes), jewelry, and Truglia’s lakefront home, all of which were traceable to the charged criminal conduct. Truglia had pleaded guilty on October 5, 2021.

According to court documents, beginning in January 2018 and continuing into April 2019, Truglia and other conspirators, including co-defendant Ruth Bianca Fernandez (who worked under Truglia’s supervision), generated medically unnecessary physicians’ orders via their telemarketing operation for certain orthotic devices—knee braces, back braces, wrist braces, and other braces—referred to as durable medical equipment (“DME”). Through the telemarketing operation, federal health care program beneficiaries’ (i.e., Medicare beneficiaries’) personal and medical information was harvested to create the unnecessary DME brace orders. 

The brace orders were then forwarded to purported “telemedicine” vendors that, in exchange for a fee, paid illegal bribes to physicians to sign the orders, often without ever contacting the beneficiaries to conduct the required telehealth consultations. The fraudulent, illegal brace orders were then returned to Truglia’s telemarketing operation, which used the orders as support for millions of dollars in false and fraudulent claims submitted to the Medicare program. To avoid Medicare scrutiny, Truglia and Fernandez spread the fraudulent claims across five DME storefronts operated under Truglia’s ownership and control and Fernandez’s day-to-day management. In all, through their five storefronts, Truglia, Fernandez, and other conspirators caused approximately $25 million in fraudulent DME claims to be submitted to Medicare, resulting in approximately $12 million in payments.

On April 9, 2019, multiple federal law enforcement agencies participated in a nationwide action referred to as “Operation Brace Yourself.” The Operation targeted ongoing schemes, such as Truglia’s, in which companies were paying illegal bribes to secure signed physicians’ DME brace orders for use as support for fraudulent claims submitted to the federal programs. In the Middle District of Florida, the April 2019 Operation included, among other efforts, the execution of search warrants at several of Truglia’s DME storefronts and a civil action under which, among other ramifications, enjoined Truglia and (by extension) his five storefronts from engaging in any further health care fraud conduct.

Undeterred, beginning in or around April 2019 and continuing into July 2020, Truglia and other conspirators—some of whom had worked with Truglia in the earlier conspiracy and some of whom were new conspirators—carried out a similar conspiracy using three new DME storefronts and different “telemedicine” vendors. Through this conspiracy, Truglia and his conspirators caused an additional approximately $12 million in fraudulent DME claims to be submitted to Medicare, resulting in approximately $6.3 million in payments.

“Every defendant in this case shared a common trait—greed,” said IRS-CI Special Agent in Charge Brian Payne. “The desire for money fueled them to commit crimes against our healthcare system and prey upon those in our society who deserve our highest respect, the elderly and military veterans. Thanks to the financial expertise and diligence of IRS-CI special agents, as well as our partner federal, state, and local law enforcement officers, these criminals are off the street and are facing the consequences of their actions.”

“The significant sentence and financial restitution imposed today reflects the serious nature of Mr. Truglia’s criminal conduct and underscores that the Government will continue to vigorously prosecute health care fraud cases and seek the recovery of all illicitly obtained assets of these greed-fueled fraud schemes,” said Special Agent in Charge Omar Pérez Aybar of HHS-OIG. “Collaborating closely with our law enforcement partners, we will continue to thoroughly investigate fraudsters who seek to enrich themselves at the expense of vulnerable members of the public.”

“We have dedicated agents and analysts focused on uncovering the deceitful tactics used to cheat our federal healthcare system,” said FBI Tampa Division Special Agent in Charge Michael McPherson. “The cost of healthcare fraud impacts all of us. The FBI will continue to engage with our partners to protect taxpayers from fraudsters like Mr. Truglia and those identified in Operation Brace Yourself.”

“The sentence imposed today holds this defendant accountable for his prominent role in a reprehensible healthcare fraud scheme involving CHAMPVA and Medicare,” said Special Agent in Charge David Spilker, Department of Veterans Affairs Office of Inspector General, Southeast Field Office.  “The VA OIG is committed to ensuring healthcare spending is directed only to deserving veterans and those who serve them.  We thank and commend our outstanding law enforcement partners in this important joint investigation.”

This case was investigated by U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service –Criminal Investigation, Tampa Field Office. The criminal case was prosecuted by Assistant United States Attorneys Jay G. Trezevant, Tiffany E. Fields, and James A. Muench. The civil action is being handled by Assistant United States Attorney Carolyn B. Tapie.

Jacksonville, FL – U.S. District Judge Brian J. Davis has sentenced Cornelius Michael Turner (34, Jacksonville) to 15 years in federal prison for possessing a firearm as a convicted felon and for possessing fentanyl with the intent to distribute it. Turner received 15 years on each count, to be served concurrently. He had pleaded guilty on October 21, 2021. 

According to court documents, in May 2019, officers with the Jacksonville Sheriff’s Office attempted to conduct a traffic stop of Turner’s vehicle, but Turner fled from the officers. Turner eventually stopped his vehicle in a restaurant parking lot but refused the officers’ commands to exit his vehicle. While Turner was in his vehicle, officers observed Turner stuffing things down his pants. Officers removed Turner from his vehicle, and during a subsequent pat down, a loaded firearm and fentanyl were found in Turner’s pants. At the time of the incident, Turner had multiple prior felony drug convictions and, therefore, is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Ashley Washington.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Ocala, Florida – United States Attorney Roger B. Handberg announces that Darrell Pierre Hopkins (54, Dunnellon) has pleaded guilty to making a false statement in connection with the purchase of firearms and knowingly causing a licensed gun dealer to maintain false information in its official records. Hopkins faces a maximum penalty of 15 years in federal prison. He was indicted on December 15, 2021.

According to the evidence introduced in court, on or about November 23, 2021, Hopkins entered a federally licensed firearm dealer in Crystal River and attempted to purchase two handguns. While completing the mandatory firearm transaction paperwork, Hopkins certified that he had not previously been convicted of a felony. A criminal background check, however, revealed that Hopkins had prior felony convictions for robbery, conspiracy to deal cocaine, and intimidation. As a convicted felon, Hopkins is prohibited from possessing firearms or ammunition under federal law. When subsequently confronted by law enforcement, Hopkins admitted that he was the person who had attempted to unlawfully purchase the firearms.     

This case was investigated by the Citrus County Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Jacksonville, Florida – U.S. Magistrate Judge Patricia D. Barksdale has sentenced Timothy Terrance DeJoris (42, Ponte Vedra) to six months’ probation and a $2,500 fine for importing from China a mislabeled erectile dysfunction drug and distributing it online and in the Jacksonville area. DeJoris had previously administratively forfeited $50,000 in proceeds from the offense. DeJoris had pleaded guilty on November 4, 2021.

According to the plea agreement, on June 18, 2019, agents from U.S. Customs and Border Protection intercepted two large packages that had been shipped from China. Each package was found to contain a barrel of blue capsules. An invoice for one of the barrels claimed that the capsules contained “Shiitake Mushroom Extract.” The packages were addressed to “Dr. Seltzer, LLC, Tim DeJoris” at an address in Ponte Vedra. The capsules were tested and found to contain sildenafil, the active ingredient in Viagra and other prescription medications used to treat erectile dysfunction in men. A search of a CPB database reflected that a similar shipment, described in the same way, had been delivered to DeJoris from the same supplier in China on June 11, 2019.

During the course of the investigation, investigators discovered a website with the address of “hardonhelper.com” that sold “Dr. Seltzer’s Hard-On Helper,” which was claimed to be a “100% Natural Male Enhancement Dietary Supplement.” Investigators also discovered that, in addition to being sold on that website, the capsules were also being sold on Amazon and eBay. The price on all three websites was the same, one capsule for $10.99, six capsules for $52.99, eight capsules for $61.99, and twelve capsules for $79.99. The product was also being sold at Adam and Eve adult stores in the Jacksonville area.

Records obtained from Amazon reflected that, for the period of January 1 through August 6, 2019, there were 8,043 sales of the capsules for a total of $453,413.07.

When investigators questioned DeJoris about the shipments, he said that he had paid $4,000 for each shipment of 50,000 capsules. Investigators seized over 25,000 capsules from DeJoris and his business partner.

“The importation of illegal, dangerous and/or mislabeled drugs is not only a crime, but it is a danger to the communities that we live in. This criminal thought he could circumvent our nation’s laws by doing just that,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to the law enforcement partnerships between HSI, U.S. Customs and Border Protection, the Tri-County Narcotics Task Force, and the U.S. Food and Drug Administration, this criminal was identified, investigated, and prosecuted, making our communities safer for everyone.”

This case was investigated by Homeland Security Investigations, Customs and Border Protection, the Food and Drug Administration – Office of Criminal Investigations, and the Florida Department of Law Enforcement HIDTA (High Intensity Drug Trafficking Area) Tri-County Narcotics Task Force. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Fort Myers, Florida – U.S. District Judge Thomas T. Barber has sentenced Jarrett Parker Truman (25, Fort Myers) to five years in federal prison for possessing a firearm as a convicted felon and for possessing an unregistered firearm. The Court also ordered Truman to forfeit the firearms and ammunition associated with the offenses. Truman had pleaded guilty on October 22, 2021.

According to court documents, during January and February 2020, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) used a confidential informant (“CI”) to make controlled purchases of firearms from Truman. Truman sold the CI a total of eight firearms including four handguns, an AK-47 style pistol, and a rifle. In addition, Truman also sold a non-serialized rifle equipped with a silencer, which he had failed to register with the National Firearms Registration and Transfer Record.

As a previously convicted felon, Truman is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Shannon Laurie. 

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Tampa, FL - United States Attorney Roger B. Handberg highlights efforts by federal, state, and local partners to prevent and combat human trafficking in the Middle District of Florida (MDFL) during National Slavery and Human Trafficking Month. The United States Attorney’s Human Trafficking Task Force leads law enforcement’s combined efforts to inform and protect communities across the district throughout the year.

“Human trafficking is a crime that crosses all borders and affects communities worldwide,” said U.S. Attorney Roger B. Handberg. “We will continue to work with our federal, state, local, and international partners to vigorously prosecute those responsible for committing these heinous crimes.”

During the 31 days of National Slavery and Human Trafficking Month (January), the Human Trafficking Task Force, headed by Assistant United States Attorney Lisa M. Thelwell and with the support of the USAO-MDFL community outreach coordinators, assisted in the coordination and safe delivery of various virtual events to enable broader participation in joint human trafficking efforts, while preventing the spread of COVID-19. These presentations included the following:

• “Combatting Human Trafficking on the Front Line: How Nurses Play a Critical Role,” presented during Advent Health’s 4th Annual Human Trafficking symposium. At least 240 healthcare professionals attended this virtual event, which highlighted that healthcare professionals are the 3rd top point of contact (after friends/family and law enforcement) for Human Trafficking victims seeking assistance. The presentation also explored the importance of documenting and preserving evidence by healthcare professionals, as well as the ability to identify signs and respond effectively to potential trafficking situations.

 

• The Tampa Bay Human Trafficking Task Force virtual roundtable convened to discuss the Task Force’s collaborative approach to combatting human trafficking. The group spoke about the challenges and successes during the pandemic and large-scale events, as well as the role that technology has played in targeting, recruiting, and trafficking victims. Participating agencies included the St. Petersburg Police Department, the Tampa Police Department, the Hillsborough County Sheriff’s Office, Homeland Security Investigations, the Tampa Division of the Federal Bureau of Investigation, and Selah Freedom. The event was hosted by the FBI Tampa Citizens Academy Alumni Association. 

 

• “The Good Fight: A Strategic Approach to Supporting Juvenile Survivors of Human Trafficking,” a panel discussion, was hosted by the Tampa Bay Chapter of the National Black Prosecutor’s Association. The virtual event highlighted the ways criminal justice stakeholders work collaboratively with child advocates and victim service providers to develop cross-system solutions to support survivors of human trafficking. The event was livestreamed to Facebook.

In addition to providing education, prevention, and technical and training assistance, the USAO-MDFL also vigorously prosecutes human trafficking crimes. Some of the most recent cases include:

United States v. Samuel Christopher Templeman and Deborah Lynn Templeman – In June 2021, Samuel Christopher Templeman pleaded guilty to conspiring to sex traffic a child, he faces a maximum penalty of life in federal prison. His wife, Deborah Lynn Templeman, pleaded guilty to possession of child sex abuse material and faces a maximum penalty of 10 years in federal prison. According to the plea agreements, in 2018, Samuel Templeman and the child victim began regularly using heroin and crack cocaine together. Also at that time, a pimp began directing the child victim to engage in sex acts in exchange for drugs. In July 2019, a court terminated the Templemans’ custodial rights over the child victim and ordered them not to have any contact with the child.  The child was then placed in foster care, from which the child ran away.  In late August 2019, Samuel Templeman received over $25,000 in inheritance, which the Templemans used to entice the child to return to them.  By mid-October 2019, the Templemans had spent the entire inheritance, primarily on drugs for Samuel Templeman and the victim. Thereafter, the only legitimate income for the Templemans and the victim was Deborah Templeman’s bi-weekly salary, which they spent 1-2 days after receipt. During the remaining portions of each month, the Templemans’ only income was derived from their sex trafficking of the child victim for money and the victim’s occasional panhandling. The Templemans spent most of that money on drugs and the rest on living expenses. On December 11, 2019, a detective from the Jacksonville Sheriff’s Office went to Deborah Templeman’s place of employment in an attempt to locate the victim. While there, the detective overheard phone conversations in which Samuel Templeman told Deborah Templeman that he was taking the victim to a “date,” a common slang term for an appointment for the child to have sex for money, and that he would then come pick up Deborah Templeman. When Samuel Templeman later arrived at Deborah Templeman’s workplace, authorities arrested him and recovered the child victim. Pursuant to a search warrant, investigators reviewed Deborah Templeman’s cellphone and found it contained sexually explicit images of the child victim. This case was investigated by the Jacksonville Sheriff’s Office and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor and Special Assistant United States Attorney Erin Wolfson.

United States v. Henry Lee White, III – White was indicted in March 2021 and charged with sex trafficking by force, fraud, and coercion, transportation of an individual in interstate commerce for the purpose of prostitution, coercion and enticement, and being a felon in possession of ammunition. White pleaded guilty on December 29, 2021, and is pending sentencing. He faces a mandatory minimum sentence of 15 years, and up to life, imprisonment. According to court documents, between June 2, 2020, and January 7, 2021, White used force, threats of force, fraud, and coercion to cause Victim 1 to engage in commercial sex. During that time, White trafficked Victim 1 within the Middle District of Florida, and transported Victim 1 from Florida to Georgia so that Victim 1 could engage in prostitution. Victim 1 was recovered during a Tampa Bay Human Trafficking Task Force operation in January 2021. This case was investigated by Homeland Security Investigations, the Hillsborough County Sheriff’s Office, and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell.

United States v. Jamel Muldrew – Muldrew was arrested on a criminal complaint in April 2021 and charged with sex trafficking of a minor, interstate transportation of a person to engage in prostitution, and enticement of a person to travel interstate for prostitution. He faces a minimum mandatory sentence of 10 years, and up to life, imprisonment. The victim was recovered during a Tampa Bay Human Trafficking Task Force operation in April 2021. According to court records, as part of this operation, an undercover officer arranged to engage in prostitution with a minor victim at a local hotel in exchange for $800. A male, later identified as Muldrew, then drove the minor victim to the hotel, dropped her off, and drove to a nearby mall parking lot to wait. After being dropped off, the minor victim entered the hotel room where she was met by detectives. Law enforcement officers arrested Muldrew in the mall parking lot and searched him, recovering multiple fictious identity documents for both himself and the minor victim. Subsequent investigation revealed that, from February until April 2021, Muldrew had trafficked the minor victim across the country to engage in prostitution, including in Texas, New Jersey, Maryland, North Carolina, Georgia, and ultimately Florida, where he was arrested. This case was investigated by Homeland Security Investigations, the Hillsborough County Sheriff’s Office, and the Houston (Texas) Police Department. It is being prosecuted by Assistant United States Attorneys Ilyssa M. Spergel and Carlton C. Gammons.

United States v. Bladimir Moreno et al. – Three defendants were indicted in September 2021 and charged with labor trafficking, conspiracy, and racketeering. According to court documents, from 2015 through 2017, the defendants participated in running a labor contracting company for H-2A agricultural workers called Los Villatoros Harvesting (LVH), which functioned as a criminal enterprise. LVH subjected multiple Mexican H-2A agricultural workers employed in Florida, Kentucky, Indiana, Georgia, and North Carolina to forced labor. LVH also harbored H-2A workers in the United States after their visas had expired for financial gain and committed visa fraud and fraud in foreign labor contracting. This case was investigated by the Palm Beach County Human Trafficking Task Force (to include the FBI, Homeland Security Investigations and the Palm Beach County Sheriff's Office), with assistance from the U.S. Department of Labor - Office of the Inspector General, and the U.S. Department of State - Diplomatic Security Service. It is being prosecuted by Assistant United States Attorney Frank Murray and Trial Attorneys Avner Shapiro and Maryam Zhuravitsky of the Civil Rights Division.

United States v. Michael Davis – Davis was convicted at trial in April 2021 of conspiring and attempting to engage in the sex trafficking of a minor. He was sentenced to 10 years and 10 months in prison in July 2021. This case is a result of an undercover operation by FBI Denver. According to court records, in December 2017, Davis attempted to recruit and entice a fictious minor to travel to Tampa to engage in commercial sex. Davis orchestrated the purchase of a one-way bus ticket for the child and arranged to pick her up from the bus station. At trial, Davis’ co-defendant testified to Davis’ role in the conspiracy and that she had also been trafficked by Davis. Davis was sentenced to 10 years and 10 months in federal prison. This case was investigated by the FBI and prosecuted by Assistant United States Attorney Lisa M. Thelwell.

United States v. Sean Patrick Farrelly – Farrelly pleaded guilty in June 2019 and was sentenced in April 2021 to 30 years in prison for sex trafficking a minor. According to court records, between March 2018 and February 2019, Farrelly recruited, enticed, and solicited a 16-year-old child to engage in commercial sex acts, by texting the victim, sending her pictures of money, and providing her with alcohol or marijuana. Farrelly paid the child victim $30 to $40 each time that they engaged in sexual intercourse. This case was investigated by Flagler County Sheriff’s Office and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ashley Washington.

United States v. Gregory Thomas Garcia – Garcia was indicted and charged with one count of commercial sex trafficking of a minor in October 2020 and was sentenced in July 2021 to 16 years in prison and ordered to pay $6,250 in restitution. According to court documents, Garcia began communicating via text message with a 16-year-old child. A special agent with Homeland Security Investigations discovered the text messages between Garcia and the victim while investigating a separate crime. The victim confirmed to the special agent and a detective with the Clay County Sheriff’s Office that she had met with Garcia more than 20 times and on each occasion, Garcia had paid her to allow Garcia to sexually abuse her. This case was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

 

 

 

Tampa, Florida – United States Attorney Roger B. Handberg announces that Henry Lee White, III (27, Orlando) has pleaded guilty to sex trafficking by force, fraud, and coercion and to possessing ammunition as a convicted a felon. White faces a minimum mandatory sentence of 15 years, and up to life, in federal prison. His sentencing hearing is scheduled for March 15, 2022.

According to the plea agreement, from June 2020 to January 2021, White forced and coerced Victim 1 to engage in commercial sex throughout the Middle District of Florida and Georgia. He used threats of violence and physical violence to control Victim 1, who was 20 years old. For example, in or around September 2020, White took Victim 1 to an “outcall” at an unknown apartment complex. White became upset because he thought Victim 1 was being deceptive about where she was going and used his revolver to beat Victim 1. He then removed four of the five bullets from the revolver and played Russian Roulette with Victim 1 while holding the gun to her head and pulling the trigger. Victim 1 stated White did this about six or seven times. He then threw Victim 1’s phone at her face, causing a laceration on the center of her forehead.

Ultimately, Victim 1 reached out to law enforcement and a local non-governmental organization for assistance. Law enforcement officers recovered Victim 1 during a joint undercover operation on January 7, 2021. At the time Victim 1 was recovered by law enforcement officers, she had an injury on her left knee that she sustained after White had thrown her to the ground in a hotel.

At the time of his arrest, White was in possession of a chrome and burgundy semi-automatic handgun with an extended magazine. The firearm had one round in the chamber and several live rounds in the magazine. White knew that he had previously been convicted of several felonies and was not allowed to possess a firearm or ammunition under federal law.

This case was investigated by Homeland Security Investigations, the Hillsborough County Sheriff’s Office, and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell.

This case was brought as part of the Tampa Bay Human Trafficking Task Force of the Middle District of Florida, which is one of 13 task forces in the country to receive grant funding from the Department of Justice’s Bureau of Justice Assistance. The Task Force is a collaboration of local, state, and federal law enforcement agents working together with organizations to detect, investigate, and prosecute human trafficking in the Tampa Bay area. This includes trafficking of minors, forced labor, transnational sex trafficking, and sex trafficking of adults by force, fraud, or coercion. More information about the Tampa Bay Human Trafficking Task Force can be found at www.justice.gov/usao-mdfl/humantrafficking. Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

Tampa, Florida – U.S. District Judge James Moody has sentenced Eric Liebman (34, Tampa) to 15 months in federal prison for conspiracy to commit bankruptcy fraud. Liebman had pleaded guilty on September 24, 2019.

According to court documents, from January 2010 through February 2017, Liebman conspired with his co-defendant, James Lee Clark, to defraud mortgage creditors and guarantors, such as Fannie Mae, which held mortgage notes on properties that were in foreclosure. Liebman and Clark falsely and fraudulently represented to the distressed homeowners facing foreclosure that in exchange for executing quitclaim or warranty deeds for their properties to an entity controlled by Liebman, they would negotiate with the mortgage creditors to prevent foreclosures. Liebman and Clark convinced the distressed homeowners to pay them rent or agree to put their houses up for sale. In order to continue to collect ill-gotten rents, or profit from sales of the properties, Liebman filed fraudulent bankruptcy petitions in the names of the homeowners to prevent the mortgage creditors from lawfully foreclosing and taking title to the properties.

This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency – Office of Inspector General. The Office of the United States Trustee for the Middle District of Florida, Tampa Division, also provided substantial investigative support. It was prosecuted by Special Assistant United States Attorney Chris Poor.

Tampa, Florida – U.S. District Judge Kathryn Mizelle has sentenced Giovanni Gort (32, Tampa) to 10 years in federal prison for two counts of armed robbery and one count of brandishing a firearm during a crime of violence. Gort was also ordered to pay $535 in restitution. He had pleaded guilty on October 26, 2021.

According to facts presented in court, in the early morning of February 10, 2021, Gort entered the 7-Eleven convenience store on Hillsborough Avenue in Tampa. Gort pulled out a gun, pointed it at the store clerk, and said “give me everything you got. I be back to see you. If you say something, I’m going to come back and shoot you.” The clerk took $435 from her cash register and gave it to Gort, who then fled the scene. The clerk immediately reported the incident to law enforcement and stated she had never been so scared in her life.

Approximately 10 minutes later, Gort entered a 7-Eleven convenience store located on Memorial Highway in Tampa and said, “give me all your money, bro,” before ordering the two store clerks behind the counter at gunpoint. The clerks gave Gort approximately $100 in a plastic bag.  While they were collecting the money, the clerks saw Gort rack the slide of the gun. Keeping the employees at gunpoint while he backed out of the store, Gort then fled the scene.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Shauna Hale and Craig Gestring.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Matthew Holton (25, Lakeland) to five years in federal prison for possessing images and videos depicting young children being sexually abused. Holton was also ordered to serve a lifetime term of supervised release, to register as a sex offender, and to pay $21,000 in restitution to child victims. Holton had pleaded guilty on June 4, 2021. 

According to court documents, agents with Homeland Security Investigations began investigating the internet upload of an image depicting the sexual abuse of a child between the ages of one and three, as reported by an internet service provider to the National Center of Missing and Exploited Children. Agents executed a search warrant at Holton’s residence and seized his iPhone that contained more than 1,000 images and 19 videos of child sexual abuse materials, including depictions of minors as young as one years old.

“Every time child pornography is viewed, it re-victimizes a young child,” said HSI Tampa acting Assistant Special Agent in Charge Jennifer Silliman. “This criminal will now face the consequences of his crimes.”

This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan has sentenced John Thomas Jackson (43, Lake City) to 20 years in federal prison for distributing visual depictions of child sexual abuse. The Court also ordered Jackson to serve a life term of supervised release, to register as a sex offender, and to forfeit the phone that he had used to distribute the images and videos of children being sexually abused.

Jackson had pleaded guilty on October 25, 2021, and has been detained since his arrest on July 4, 2021.

According to court documents, the FBI received information that an individual using the alias “Terry Borden” was sending hundreds of files over the internet depicting prepubescent children being sexually abused. The FBI interviewed an individual who was chatting online with “Terry Borden” and reviewed communication between “Terry Borden” and the other individual in which “Terry Borden” indicated that he planned to produce sexually explicit photographs of two minor girls the next day. “Terry Borden” also discussed plans to molest a child and have sex with a child over the course of the weekend. Further investigation confirmed that the user “Terry Borden” was actually John Thomas Jackson.

Jackson also engaged in an online chat with an FBI agent posing as a 14-year-old girl, sent nude photographs of himself and photographs of himself wearing women’s underwear to the 14-year-old “child,” and requested nude photographs of the minor. He told the “child” that he had previously engaged in sexual activity with an 8-year-old female child and invited the “child” to join a private chat room that catered to individuals interested in sexual activity between “daughters and daddies” of which he was the administrator. Jackson uploaded files depicting child sexual abuse material to that chatroom prior to and after he invited the “child” to join the chat room.

The Columbia County Sheriff’s Office and the FBI executed a search warrant at Jackson’s residence on July 4, 2021. During an interview with law enforcement, Jackson admitted that he is “Terry Borden,” that he watches and trades videos of children as young as 2-years-old being sexually assaulted, and that he has sexual urges that are satisfied by his viewing of child sexual abuse material. Jackson admitted to trading files depicting the sexual assault of children over the internet with hundreds of individuals and that he has been doing so for 10 years.          

This case was investigated by the Federal Bureau of Investigation and the Columbia County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kelly S. Karase. Assistant United States Attorney Mai Tran handled the forfeiture.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Jerome Clampitt II to six months in federal prison, followed by six months of home detention for tampering with a consumer product, specifically, injectable fentanyl. 

Clampitt had pleaded guilty on October 27, 2021.

According to court documents, on January 30, 2020, Clampitt, a registered nurse, was working a night shift in the intensive care unit of a hospital in Jacksonville. A patient under Clampitt’s care was prescribed and receiving an intravenous dose of fentanyl, which is used both as a pain medication and as anesthesia. Two fellow employees saw Clampitt using a syringe to inject a substance into the device that dispensed fentanyl into the patient, when there was no medically valid reason for Clampitt to do so. Laboratory testing eventually determined that the patient’s dose of fentanyl had been diluted with saline.

When interviewed by law enforcement officers, Clampitt eventually admitted that he had diverted drugs from patients at the hospital for personal use. During that interview, however, he denied diluting patient drugs with saline.

An audit of hospital records showed multiple discrepancies in Clampitt’s handling of controlled substances during the time he worked for the hospital, which had been less than a month. Investigators later learned that in 2019, a separate hospital had employed Clampitt and discovered discrepancies in its records that suggested he might have been diverting drugs for his own use. That hospital fired Clampitt after he refused to submit to a drug test.

As part of his guilty plea, Clampitt admitted that he knew that his activities resulted in one or more critically ill patients receiving diluted fentanyl, which lacked prescribed quantities of active medication necessary to control pain. Having been deprived of medically-necessary medication, such patients would endure pain and suffering and were exposed to increased risks of illness and death, stemming from, among other things, possible infection and respiratory, cardiovascular, and musculoskeletal complications.

This case was investigated by the U.S. Food and Drug Administration, Office of Criminal Investigations, and the Jacksonville Sheriff’s Office – Pharmaceutical Diversion & Designer Drug Unit attached to the North Florida High Intensity Drug Trafficking Area. It was prosecuted by Assistant United States Attorney Michael J. Coolican.

WASHINGTON – The Department of Justice announced today that it has reached a settlement agreement resolving allegations that the Withlacoochee River Electric Cooperative Inc. (WREC) terminated U.S. Army National Guard Staff Sergeant Garrett Woodard when he returned from military service in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 

“We greatly value and respect the contributions of all our servicemembers and are committed to challenging any attempts to discriminate against them in their efforts to fulfill their military duties,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “It is an honor to fight for the rights of those serving in the Armed Forces, including the Army National Guard, so that they may continue to fight for and protect our freedom without fear of losing their employment.”

“Members of the U.S. Army National Guard make tremendous sacrifices, including spending significant time away from their families and jobs,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “Their call to active duty and fulfillment of their military obligations should never be detrimental to their jobs. Our office, in partnership with the Civil Rights Division, remains committed to protecting the employment rights of our servicemembers.”   

SSG Woodard has served in the Florida Army National Guard with distinction for over 21 years and is currently attached with the 53rd Support Battalion out of Bartow, Florida. During his service, he has been called up to active duty on multiple occasions, including serving in Afghanistan in 2005 and 2006 and Iraq in 2010 and 2011 in support of Operation Iraqi Freedom. From January 2018 to October 2020, he was also employed by WREC in their apprentice lineman program to become a journeyman where he was consistently rated as an excellent employee. In the summer of 2020, SSG Woodard was deployed to military service for several months with his unit as part of Florida’s emergency mobilization to assist the state in its response to the COVID-19 pandemic. Due to the extended nature of the emergency, his military leave was extended for several months, through Oct. 26, 2020. He reported back to WREC immediately at the end of his deployment, but was terminated by WREC on the day he reported back to work. Woodard filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS) alleging that WREC terminated him on the basis of his military service obligations in violation of USERRA.  VETS investigated this matter and referred it to the Department of Justice after attempts at resolution failed.

Under the terms of the settlement agreement, WREC has agreed to pay Woodard back pay and other damages in the amount of $80,000. The settlement agreement further requires WREC to comply with all of the provisions of USERRA to prevent any further incidents of discrimination, retaliation or interference with a servicemember’s rights under USERRA from occurring in the future 

USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.

This matter was handled by Deputy Civil Chief Yohance Pettis of the U.S. Attorney’s Office for the Middle District of Florida, along with Senior Trial Attorney Brian McEntire of the Civil Rights Division’s Employment Litigation Section.

Jacksonville, Florida – Wayne Bowen (64, Jacksonville) has pleaded guilty to aggravated identity theft. He faces a mandatory penalty of two years in federal prison. As part of his plea agreement, Bowen has agreed to reimburse various federal agencies a total of $63,773 for the government benefits he received in connection with his identity theft scheme.

According to the plea agreement, in 2014, Bowen used the name, Social Security card, and military discharge papers of his estranged twin brother to apply for federally subsidized housing benefits. The specific subsidy – intended for indigent military veterans – was funded under a joint program administered by the U.S. Department of Veterans Affairs (VA) and the U.S. Department of Housing and Urban Development (HUD). Unlike his twin, Bowen is not a military veteran.

When interviewed by federal agents, Bowen admitted that he had been using his twin brother’s identity for years. He had obtained a Florida identification card using his twin’s identity and had been arrested and convicted of felony offenses under his twin’s name. Although Bowen initially told the agents that he, like his twin, had served in and been honorably discharged from the U.S. Army, Bowen later relented and admitted those were lies.

Due to Bowen’s fraudulent use of his twin’s identity, the VA provided him with $32,434 in medical services, HUD provided him with $18,905 in housing subsidies, and the U.S. Department of Agriculture funded $12,434 in nutritional benefits for him. Bowen’s twin has confirmed that he did not apply for any of these benefits and that he never gave Bowen permission to use his name.

“The defendant pleaded guilty today for his abhorrent conduct in defrauding multiple federal and state benefit programs by assuming the identify of his twin brother who had justly earned these benefits,” said Special Agent in Charge David Spilker of the Department of Veterans Affairs Office of Inspector General’s Southeast Field Office. “The VA OIG will continue to work with our law enforcement partners to ensure the integrity of VA’s benefit programs.”   

This case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General, the U.S. Department of Housing and Urban Development Office of Inspector General, and the U.S. Department of Agriculture Office of Inspector General. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Jose Armando Delgado Martinez (35, Orlando) to 14 years in federal prison for his role in a conspiracy to distribute over a kilogram of fentanyl and fentanyl-laced heroin. Delgado-Martinez had pleaded guilty on November 9, 2021. Two of Delgado-Martinez’s codefendants were sentenced earlier this month for their roles in this case: Bolivar Anibal Cordova Jr. (42, Windermere) was sentenced to 12 years and 7 months in federal prison, and Luis Manuel Cordero (40, Orlando) was sentenced to 8 years and 6 months in federal prison.

According to court documents, between August 2019 and April 2021, Delgado-Martinez, Cordova, and Cordero worked together to distribute fentanyl-laced heroin to a DEA cooperating source and undercover officers on 15 occasions. In addition to distributing approximately 680 grams of fentanyl-laced heroin to the DEA for around $35,000, the conspirators also maintained a storage locker that contained more than 611 grams of pure fentanyl. All of the drugs were seized by federal agents.

The conspirators also produced rap videos depicting drug dealing and guns along with the torture, mutilation, and murder of government informants. Delgado-Martinez’s sentence was enhanced as a result of his effort to bribe Cordova into falsely testifying in the case.  

This case was investigated by the Drug Enforcement Administration, with assistance from the Florida Highway Patrol and the Winter Park Police Department. It was prosecuted by Assistant United States Attorney Dana E. Hill.

Ocala, Florida – United States Attorney Roger B. Handberg announces that U.S. District Judge John Antoon II has sentenced Glenn Edward Davis, Jr. (35, Ocala) to 17 years and 6 months in federal prison for two counts of possessing a firearm and ammunition as a convicted felon and two counts of possessing with the intent to distribute methamphetamine. The court also ordered Davis to forfeit the firearms and ammunition associated with the offenses. Davis had pleaded guilty on June 23, 2021.

According to facts presented in court, on the night of March 16, 2019, an officer from the Ocala Police Department conducted a traffic stop of Davis’s car. Davis quickly abandoned the car and fled on foot, leaving behind his driver license, a loaded handgun, and methamphetamine packaged for distribution. On July 10, 2019, a detective from the Ocala Police Department spotted Davis driving a different car. When the detective attempted to execute a traffic stop, Davis again fled on foot. Davis struggled with and injured the detective as the detective was apprehending Davis. A search of Davis’s car revealed another loaded handgun, ecstasy pills, heroin, fentanyl, and methamphetamine packaged for distribution. Laboratory testing revealed that Davis’s DNA was present on the handgun.

At the time he possessed the two handguns, Davis had 14 prior felony convictions and was therefore prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Ocala Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

Tampa, Florida – United States Attorney Roger B. Handberg announces the arrest and unsealing of an indictment charging Thomas Johnson with 14 counts of aiding in the preparation and filing of false tax returns. Johnson faces a maximum penalty of three years in federal prison for each count. He made his initial appearance in federal court in Miami on January 21, 2022.

The indictment alleges that between February 2015 and February 2017, Johnson had a business located in the Middle District of Florida through which he offered his services to clients to prepare their income tax returns. During that time period, Johnson prepared and helped in the filing of numerous tax returns which contained false and fraudulent entries as to taxpayer credits and deductions. As a consequence of those false statements, Johnson’s clients received tax refunds to which they were not entitled. Johnson charged his clients a large fee for his services and required them to split the refund proceeds with him once they received their refund money from the IRS. The total of the unwarranted refunds, which resulted from the false and fraudulent tax returns charged in the indictment, exceeds $155,000.

Belizean law enforcement officials arrested Johnson on January 19, 2022, at his San Pedro, Belize residence for immigration violations. The following day, he was escorted by U.S. federal agents to Miami. The Internal Revenue Service-Criminal Investigation Mexico City Attaché Post coordinated with the U.S. Department of State’s Diplomatic Security Service, the U.S. Marshals Service, the Belize Police Department, and Belize Immigration to return Johnson to the United States to face these federal charges.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Orlando, FL – U.S. District Judge Roy B. Dalton today sentenced Davel Theodore Spady (35, Palm Bay) to six years in federal prison for distributing fentanyl and possessing with the intent to distribute 40 grams or more of fentanyl. A federal jury had found Spady guilty on October 21, 2021.

According to evidence presented during the three-day trial, Spady sold fentanyl on three separate occasions—February 18, 2021; February 27, 2021; and March 19, 2021—to a confidential source who was working with law enforcement. Spady sold the fentanyl from inside his vehicle while parked at a thrift store.

On April 14, 2021, the Florida Highway Patrol conducted a traffic stop on Spady’s vehicle as he was travelling to deliver two ounces of fentanyl. During a search of the vehicle, law enforcement located the fentanyl, which had been concealed in the trunk.

Spady received an enhanced penalty at sentencing for obstruction of justice because the Court determined that he had testified falsely during his trial.

This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the West Melbourne Police Department, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorneys Beatriz Gonzalez and Ranganath Manthripragada.

Tampa, Florida – United States Attorney Roger B. Handberg announces that George Garcia (24, Tampa) has pleaded guilty to one count of conspiracy to commit wire fraud. Garcia faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Garcia owned and managed a construction company that he had registered with the State of Florida in October 2018. This company purported to supply construction services and labor for construction site contractors. In order to comply with Florida law, Garcia’s company was required to secure and maintain adequate worker’s compensation insurance coverage.

Providers of worker’s compensation insurance base the premiums they charge and the amount of coverage they provide on the number of employees a company has and the total annual payroll of those employees. Garcia’s company had agreements with contractors and subcontractors to use workers purported to be Garcia’s employees at construction sites. These workers were often undocumented aliens who were working for and under the daily supervision and direction of the contractors. Garcia or others regularly received “payroll checks” from contractors that were cashed at various financial institutions to pay Garcia’s purported “employees” and other related expenses.

During the time period charged in the criminal information, Garcia falsely and fraudulently represented in insurance applications that his company had a very limited payroll and a very limited number of employees who worked on construction jobsites. Garcia also falsely and fraudulently sent wire communications to numerous contractors representing that his company’s employees had full worker’s compensation coverage.   In reality, Garcia’s company received and cashed more than $19 million in checks from various construction contractors for these purported “employees”. This payroll figure far exceeded the very limited payroll figures that Garcia had reported to his worker’s compensation insurance company. As a result, the employees of Garcia’s company, the employees of other entities, performed work on jobsites without adequate insurance coverage. In addition, the insurers lost premiums that they would have charged had they been aware of the true number of workers their policies were thus being manipulated to cover.

As a result of these misrepresentations, Garcia’s company also disclaimed responsibility for ensuring that jobsite workers were legally authorized to work in the United States, and that the required state and federal payroll taxes were being paid for these workers. The contractors who actually paid these workers’ wages and used their services were thus also able to avoid responsibility for those taxes.

This case was investigated by Homeland Security Investigations and the Florida Department of Financial Services. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Carleigh Michelle Wilson (27, St. Augustine) today pleaded guilty to distribution of methamphetamine. Wilson faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, at the direction of law enforcement, a confidential informant (CI) arranged via a social media messaging application to purchase a half ounce of methamphetamine from Wilson for $290. The pair met as arranged on September 13, 2021, in a parking lot in Macclenny. The CI joined Wilson in an SUV that she was driving. After the CI paid Wilson, Wilson passed the CI a plastic bag containing approximately 15 grams of crystal methamphetamine.  As the CI started to exit the SUV, Wilson stated that she could get more and that, hopefully, they could get the price down in the future.

Before Wilson could leave the parking lot, a Baker County Sheriff’s Office patrol unit stopped and arrested her. She was still in possession of the $290 the CI had paid her.

According to court documents, Wilson committed this new offense while serving a term of supervised release that had originally been imposed in connection with her prior federal conviction in 2020 for conspiring to possess with the intent to distribute and to distribute hydrocodone.

This case was investigated by the Baker County Sheriff’s Office and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Sergio Lohan (25, Clearwater) to 22 years in federal prison for filming his sexual assault of a minor child using a cellphone. Lohan was also ordered to serve a 20-year term of supervised release and to register as a sex offender. Lohan had pleaded guilty on August 17, 2021.

According to the court documents, Lohan and the child victim, who was 12 years old, met online on a social media application. Over time, Lohan engaged in sexually explicit conversations with the child, solicited and received sexually explicit images from her, and sent her a video showing himself masturbating. Within a few months of meeting, Lohan drove to the child victim’s home, picked her up in his car, sexually assaulted her, and video-recorded the assault using his cellphone. Later, Lohan sent this video to the child using the internet.

The FBI, while investigating this offense, executed a search warrant at Lohan’s residence and seized his computer. On the computer, they recovered evidence of Lohan’s sexual abuse and exploitation of this child victim, as well as sexually explicit communications with other individuals who had identified themselves as minor children.

This case was investigated by the Federal Bureau of Investigation and the North Port Police Department. It was prosecuted by Assistant United States Attorney Erin Claire Favorit.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Tampa, Florida – United States Attorney Roger B. Handberg announces that DeAnna Marie Stinson (50, Tampa) has pleaded guilty to murder-for-hire. She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to court documents, on June 24, 2021, Stinson created an account on a dark web website (“The Website”) that purported to provide murder-for-hire services to its customers. The following day, Stinson submitted an “order” requesting that a hitman be assigned to complete a “quick hit in southern Florida” to kill the spouse of Stinson’s former significant other. In the order, Stinson provided the victim’s name, address, and a photograph of the victim. Between June and July 2021, Stinson sent four additional orders and more than $12,000 in Bitcoin to effectuate the hit. During this time, Stinson repeatedly messaged administrators of The Website and purported hitmen requesting that the “job” be completed as soon as possible and even offered a “bonus” if the hit was completed by a specific date. When Stinson had not received a status update from the administrators of The Website, on July 31, 2021, Stinson requested that the administrators “reassign the job to someone who has a history of getting jobs done” because she “need[ed] th[e] job done ASAP.”

Law enforcement agents received information regarding Stinson’s criminal activity and obtained records from her virtual currency exchange account. The records showed that Stinson had paid Bitcoin to The Website. An agent contacted Stinson while acting in an undercover capacity as a hitman for The Website. In a recorded phone call, Stinson confirmed that she wanted the victim killed and agreed to send additional money to the undercover agent via Bitcoin so that the transaction could not be traced. On September 13, 2021, Stinson sent $350 in Bitcoin to the undercover agent so that the agent could purchase a revolver to commit the murder.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell.

Tampa, Florida – U.S. District Judge James Moody has sentenced Mary Kathryn Marr (42, Miami) to 14 years in federal prison for conspiracy to commit money laundering. The Court also ordered Marr to forfeit various assets, which are traceable to proceeds of the offense and, as part of her sentence, entered a money judgment in the amount of $1.5 million, representing proceeds Marr received as a result of the charged criminal conduct. In addition, the Court ordered Marr to pay restitution to victims in the amount of $14,511,754.05. Marr pleaded guilty in June 2021.

According to court documents, Marr was the leader of a large, international fraud and money laundering ring that operated out of the United States and abroad. Marr contracted with various international “boiler rooms” to launder fraud proceeds that she and other conspirators had obtained from foreign victims, primarily by selling worthless investments. Marr and her conspirators employed a mass-marketing scam in which high-pressure sales techniques originating out of the boiler rooms were used to defraud individuals who believed that they were investing substantial amounts of money in regulated financial products or markets, particularly shares of stocks. In reality, the investments were a sham and the victims received nothing. The majority of the victims that Marr and her conspirators targeted were located in Australia, New Zealand, the United Kingdom, and countries in Asia.

Marr and her co-conspirator, Michel Marc Chateau, who was charged in the same case, operated a network of funnel bank accounts in the United States in the names of shell companies into which the boiler room agents instructed victims to send their money. In some instances, Marr, using fake personas, spoke with the victims herself to convince the victims to send additional funds based on fraudulent representations and high-pressure tactics. The victims’ funds were then laundered through more bank accounts and sent overseas. Marr and Chateau recruited various individuals to open and operate funnel bank accounts in Florida and other states.

Electronic communications obtained during the investigation revealed that Marr had received a set percentage of each victim’s wire transfer that had been sent to the bank accounts in the United States. Once the victims’ funds had been laundered through Marr’s network of bank accounts in the United States, Marr would arrange for most of the funds to be sent back to the boiler rooms and their employees overseas.

In total, Marr and her co-conspirators unlawfully obtained approximately $14.5 million from victims through various boiler room fraud schemes between 2015 and 2018. Including funds that had originated from other funnel accounts, the accounts engaged in money laundering transactions totaling more than $20 million.

On November 1, 2018, Serbian authorities arrested Marr in Belgrade, Serbia pursuant to an INTERPOL Red Notice that had been issued by the U.S. Department of Justice. Marr was extradited to Tampa in April 2019.

“Thanks to a collaborative investigative effort between HSI and the IRS-Criminal Investigation, this sophisticated transnational money laundering organization was dismantled,” said HSI Tampa acting Assistant Special Agent in Charge Timothy Westlove.

“This sentence should stand as a warning to those who engage in nefarious activities,” said IRS Criminal Investigation Special Agent in Charge Brian Payne. “As proven by this partnership with HSI, we will continue to work together to bring criminals to justice. Marr's sentencing is the final chapter in this complex international scam, which will hopefully pave the way to the healing process for all of those impacted by these heinous crimes.”      

This case was investigated by Homeland Security Investigations and Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Patrick Scruggs. Assistant United States Attorneys James Muench and Suzanne Nebesky handled the forfeiture. The Justice Department’s Office of International Affairs worked with law enforcement partners in Serbia to secure the arrest of Marr in Serbia and her extradition to the United States.

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Louis Thornton III (63, St. Petersburg) to three years and six months in federal prison for fraudulently obtaining money through various Covid-19 relief programs, including the Small Business Administration (“SBA”) Paycheck Protection Program (“PPP”) and the Economic Injury Disaster Loan (“EIDL”) program. As part of his sentence, the Court also entered a money judgment in the amount of $814,632.50, the proceeds of the wire fraud scheme.

Thornton had pleaded guilty on September 13, 2021.

According to court documents, from April through July 2020, Thornton submitted fraudulent applications for EIDL and PPP loans through the SBA’s online EIDL portal on behalf of several defunct companies. Thornton’s applications fraudulently claimed, among other material misrepresentations, that these companies were operational and had suffered economic injury due to the Covid-19 pandemic.

Based on the false and fraudulent representations Thornton made, he obtained a total of $814,632.50 in EIDL and PPP loans to which he was not entitled. Thornton used the money obtained through the SBA’s EIDL and PPP programs to invest in stocks, futures, and commodities.

This case was investigated by Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Rachel K. Jones.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Orlando, Florida –U.S. District Judge Anne C. Conway today sentenced Johnson W. Eustache to five years in federal prison for wire fraud and aiding and assisting in the preparation of false tax returns. The court also ordered Eustache to forfeit approximately $700,000 seized from several bank accounts, as well as real properties in Palm Bay and Poinciana, which are traceable to proceeds of the offense. 

Eustache had pleaded guilty on August 3, 2021.

According to court documents, beginning in March 2020 and continuing through April 2021, Eustache submitted 13 different fraudulent applications seeking a total of more than $2.1 million in pandemic-related emergency benefits. The fraudulent applications consisted of either Economic Injury Disaster Loan (EIDL) or Paycheck Protection Program (PPP) applications to the U.S. Small Business Administration (SBA) and PPP loan servicers and lenders. Eustache submitted some of these applications in his own name and others in the names of unwitting associates or relatives. Eustache included false statements in each of the applications regarding the applicant’s criminal history, number of employees, and/or total payroll.

Eustache’s materially false, fraudulent, and misleading representations caused the SBA and PPP lenders to approve and fund four PPP loans and four EIDL loans, totaling $1,343,029.50. Eustache did not use these funds for payroll or other qualifying business expenses as promised in the loan applications. Rather, he used the funds to make personal financial investments, to purchase real estate, and to construct residential properties.

In addition, between 2017 and 2021, Eustache worked as a tax return preparer, during which time he filed 28 returns for taxpayers; those returns contained false adjustments, false income amounts, or false deductions. Eustache included these false items fraudulently to inflate the amount of the taxpayers’ refunds. The false items included bogus Schedule C losses from businesses, false Schedule 1 Adjustment to Income deductions, false Household Employee income, and false W-2 wages. The total loss to the IRS as a result of the false tax returns filed by Eustache was $87,044. 

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if the business spends the proceeds on these expenses within a set time period and uses at least a certain percentage of the loan toward payroll expenses.

The EIDL program is designed to provide economic relief to small businesses that are currently experiencing a temporary loss of revenue. EIDL proceeds can be used to cover a wide array of working capital and normal operating expenses, such as continuation of health care benefits, rent, utilities, and fixed debt payments. If an applicant also obtains a loan under the PPP, the EIDL funds cannot be used for the same purpose as the PPP funds. 

“Not only did Eustache fraudulently file tax returns on behalf of his clients through his tax preparation business, but he also stole vital PPP loan money intended to support struggling businesses during the COVID 19 pandemic,” said IRS-Criminal Investigation Special Agent in Charge Brian Payne. “This sentence shows that stopping PPP fraudsters and unscrupulous tax preparers is a top priority for IRS-CI. With tax season starting up, taxpayers looking to avoid shady preparers and find tips on how to select a tax preparer are encouraged to visit IRS.gov.”

“This case demonstrates the swift and decisive action taken by the FBI and its federal partners to protect the Payment Protection Program.”, said Special Agent in Charge of FBI Tampa Michael McPherson. “We’re taking tremendous investigative steps to ensure fraudsters don’t profit from the pandemic.”

“Using any SBA program fraudulently undermines the spirit and true intent of bolstering the backbone of the nation’s economy—small businesses,” said SBA OIG’s Eastern Region Special Agent in Charge Amaleka McCall-Brathwaite. “Our Office will remain relentless in the pursuit of fraudsters who seek to exploit SBA’s vital economic programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.” 

This case was investigated by the Internal Revenue Service, Federal Bureau of Investigation, and the Office of Inspector General for the Small Business Administration. It was prosecuted by Assistant United States Attorneys Chauncey A. Bratt and Amanda Daniels. The forfeiture and restitution were handled by Assistant United States Attorneys Nicole Andrejko and Julie Simonsen.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Jacksonville, Florida –United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Brent Brown with 17 counts of failing to remit to the IRS payroll taxes withheld from employees of four businesses that he operated under the umbrella of Latitude 360. If convicted, Brown faces a maximum penalty of 5 years in federal prison on each count. 

According to the indictment, Brown incorporated Latitude 360 in Jacksonville around January 2014. He also operated four subsidiaries – Latitude 360 Jacksonville LLC, Latitude 360 Indianapolis LLC, Latitude 360 Pittsburgh LLC, and Latitude 360 Albany LLC, over which he exercised exclusive authority to determine the use of business funds. Those subsidiaries each withheld taxes from employee wages, including federal income taxes and Federal Insurance Contributions Act (“FICA”) taxes, which the subsidiaries were required to remit to the Internal Revenue Service periodically. Brown filed quarterly tax returns for each of the subsidiaries accurately reflecting the payroll taxes due for each of the subsidiaries but he caused those subsidiaries to fail to remit to the IRS the full amounts due. The taxes owed are alleged to total more than $1 million.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by Internal Revenue Service – Criminal Investigation.  It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.

Tampa, Florida – Anthony Wayne Smith (58, Bradenton) has pleaded guilty to manufacturing counterfeit currency. He faces a maximum penalty of 20 years in federal prison. A sentencing hearing is scheduled for April 6, 2022.

According to the plea agreement, Smith manufactured U.S. Federal Reserve notes at his home in Bradenton. During the execution of a search warrant on Smith’s residence, law enforcement officers recovered, among other things, a large quantity of counterfeit notes hidden throughout the residence, texturized printing paper, and printers. Additionally, Smith’s laptop computer contained digital images of U.S. Federal Reserve notes that had been used in the production and manufacture of counterfeit currency.

This case was investigated by the United States Secret Service, the Manatee County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney David W.A. Chee.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Bolivar Anibal Cordova, Jr. (42, Windermere) and Luis Manuel Cordero (40, Orlando) to 12 years and 7 months and 8 years and 6 months in federal prison, respectively, for their roles in a conspiracy to distribute fentanyl-laced heroin. Cordova and Cordero had pleaded guilty in October 2021. A third individual, Jose Armando Delgado-Martinez (34, Orlando), previously pleaded guilty to his role in this conspiracy. Delgado-Martinez is scheduled to be sentenced on January 26, 2022. 

According to court documents, between August 2019 and April 1, 2021, Cordova, Cordero, and Delgado-Martinez worked together to distribute fentanyl-laced heroin to, and collect drug proceeds from, a DEA cooperating source and undercover officers on 15 occasions. In addition to distributing approximately 680 grams of fentanyl-laced heroin to the DEA for approximately $35,000, the conspirators also maintained a storage locker that contained more than 611 grams of pure fentanyl. The conspirators also produced Spanish-language rap videos depicting drug dealing, proceeds, and guns along with the torture, mutilation, and murder of government informants. Cordova’s sentence was enhanced due to his leadership role in the organization and his possession of a firearm when he was arrested. Cordero’s sentence was enhanced as a result of his role in maintaining the storage locker where the 600 grams of fentanyl was stored.

This case was investigated by the Drug Enforcement Administration, with assistance from the Florida Highway Patrol and the Winter Park Police Department. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Tampa, Florida – Oscar Marsiglia Barrios (54, Colombia) today pleaded guilty to conspiracy to distribute cocaine knowing and intending it to be imported into the United States. Marsiglia Barrios faces a maximum penalty of life in federal prison. A sentencing date has not yet been set. 

According to court documents, beginning in approximately February 2015 and continuing through on or about October 26, 2017, Marsiglia Barrios

was part of a transnational criminal conspiracy that transported cocaine from Colombia to the United States. Specifically, Marsiglia Barrios operated out of the Puerto Nuevo region of Colombia and was responsible for recruiting, hiring, and paying individuals to transport cocaine out of Colombia and into the United States in cargo ships.  

Marsiglia Barrios was arrested in Colombia in August 2019 and extradited to the Middle District of Florida in March 2021.

This case was investigated by the United States Drug Enforcement Administration and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.

The Department of Justice’s Office of International Affairs provided significant assistance with the defendant’s extradition. The U.S. Marshals Service also provided critical assistance by extraditing Oscar Marsiglia Barrios from Colombia to the Middle District of Florida.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Tampa, Florida – Gerardo Gomez-Lubo, a/k/a Francisco Niño (42, Colombia), has pleaded guilty to conspiracy to distribute cocaine knowing and intending it to be imported into the United States. Gomez-Lubo faces a maximum penalty of life in federal prison. A sentencing date has not yet been set. 

According to the plea agreement, beginning in approximately September 2017 and continuing through 2019, Gomez-Lubo was part of a transnational criminal conspiracy that transported cocaine from Colombia, through Central America and the Caribbean, directly to the United States, including Texas, California, Hawaii, and Florida. The cocaine distributed by Gomez-Lubo and others displayed identifying symbols and marks. Those marks were found in kilograms of cocaine recovered by law enforcement in New York, Pennsylvania, and Florida.

Gomez-Lubo’s co-defendant, Piero Antonio Lubo-Barros, was also indicted.

Lubo-Barros was arrested in Costa Rica in January 2021, living under an assumed identity. He was extradited to the United States in March 2021 and is currently pending trial in Tampa.

This case was investigated by the United States Drug Enforcement Administration and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.

The Department of Justice’s Office of International Affairs provided significant assistance with the defendant’s extradition. The U.S. Marshals Service also provided critical assistance in Gerardo Gomez-Lubo’s extradition from Panama to the Middle District of Florida.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Derrick Hutchins (36, Tampa) to 15 years and 8 months in federal prison for distribution of fentanyl and methamphetamine.

Hutchins had pleaded guilty on October 13, 2021.

According to court documents, on April 26, 2020, Hutchins distributed fentanyl to an individual, causing a fatal overdose in the victim’s home. On May 21, 2020, Hutchins again distributed fentanyl, this time to a law enforcement confidential source. Detectives with the Hillsborough County Sheriff’s Office then arrested Hutchins on state trafficking charges. Hutchins later bonded out of jail, and on July 1, 2020, again distributed fentanyl, causing another fatal overdose.

“Our country is currently in the midst of a crippling opioid epidemic, and every loss of life is devastating to our communities,” said DEA Miami Field Division Special Agent in Charge Deanne L. Reuter. “The Miami Field Division remains committed to working with our law enforcement partners to bring drug dealers like Derrick Hutchins to justice and keep our Florida communities safe and healthy.”

This case was investigated by the Hillsborough County Sheriff’s Office and the Drug Enforcement Administration, with assistance from the Hillsborough County Medical Examiner’s Office. It was prosecuted by Assistant United States Attorney Diego F. Novaes.

Tampa, Florida –United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Jovante Raschod Thomas, a/k/a “Wood,” a/k/a “Tae” (40, Pinellas Park), Troy Lydell Mctier Jr. (29, St. Petersburg), Adrian Fulton Ashby, (50, St. Petersburg) Marquesha Dequaila Leseon Isaac a/k/a “Auntie,” a/k/a “Angie” (36, St. Peterburg), and Santino Eduardo Jimenez (39, Clearwater) with conspiracy to distribute and possess with the intent to distribute methamphetamine, cocaine, heroin, and fentanyl. If convicted on all counts, Jovante Thomas faces a minimum mandatory sentence of 10 years, and up to, life in federal prison. Troy Mctier and Santino Jimenez each face a minimum mandatory sentence of 5 years, and a maximum sentence of 40 years’ imprisonment. Adrian Ashby and Marquesha Isaac each face up to 20 years in federal prison. The indictment also notifies the defendants that the United States intends to forfeit any assets which are alleged to be traceable to proceeds of the offense. 

According to the indictment, from at least October 2020, through January 4, 2022, the defendants conspired to distribute methamphetamine, cocaine, heroin, and fentanyl throughout the Middle District of Florida.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case is being investigated by the Drug Enforcement Administration and the Pinellas County Sheriff’s Office as part of operation “Clean Up” – an Organized Crime Drug Enforcement Task Force (OCDETF) which identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States, using a prosecutor-led, intelligence-driven, multi-agency approach. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.

Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Bridgitte Keim (52, Temple Terrace) has pleaded guilty to bank fraud. Keim faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been scheduled.

According to the

plea agreement , between April and May 2021, Keim executed a scheme to defraud a federally insured financial institution (“Bank 1”) and the U.S. Small Business Administration (“SBA”) by submitting false and fraudulent loan applications and supporting documentation for federally guaranteed Payment Protection Program (“PPP”) loans that were designed to assist businesses suffering adverse economic effects from the COVID-19 pandemic. In furtherance of her bank fraud scheme, Keim recruited family members to provide their personal information in exchange for free “COVID money.” Keim prepared and submitted false and fraudulent PPP loan applications to Bank 1 on behalf of her relatives in the names of fictitious businesses, knowing that her relatives did not have existing businesses, did not have employees, had no business income, and no payroll expenses as required by the SBA to qualify for PPP loans. To further deceive Bank 1, Keim created email addresses in the names of her relatives and communicated with bank employees by impersonating her relatives to convince loan officers that they were communicating with the actual prospective borrowers. Additionally, Keim sent text messages, which contained the fictitious business names, false financial information, and the email addresses she created, to her relatives so that her relatives could answer questions from loan officers about the loan applications.

Specifically, on March 21, 2021, Keim submitted to Bank 1 a PPP loan application in the name of a relative she had recruited. The application contained a fictitious business name, fictitious number of employees, falsified business income, and fraudulently represented that the PPP loan funds would be used for payroll. Based on these false statements, Bank 1 approved and funded a $20,833 PPP loan in the name of Keim’s relative. Keim subsequently diverted $7,500 in loan proceeds to her personal bank account.

The intended losses associated with Keim’s bank fraud scheme are at least $588,693.14.

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the U.S. Small Business Administration – Office of Inspector General, and the Federal Bureau of Investigation. It is being prosecuted by Special Assistant United States Attorney Chris Poor.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Michael Dexter Little to 19 years and 6 months in federal prison for conspiracy to commit wire fraud, conspiracy to commit money laundering, and aggravated identity theft. The Court also ordered Little to forfeit at least $12.3 million, which are traceable to proceeds of the offense. 

Little had pleaded guilty on October 20, 2021.

According to court documents, from 2019 to 2021, Little filed a series of false tax returns claiming massive, bogus fuel tax credits. He filed the false returns in his own name and in the names of co-conspirators and identity theft victims. As a result of this scheme, Little and his co-conspirators obtained at least $12.3 million in fraudulent tax refunds and attempted to obtain at least $27 million more. Little and his co-conspirators also conspired to launder their ill-gotten gains and used significant portions of the fraudulent tax refunds to purchase real estate and other assets.

Little was previously convicted of tax fraud twice, in 1999 and 2003.

“Identity theft schemes often leave their victim’s financial lives in ruin,” said IRS-CI Special Agent in Charge Brian Payne. “These crimes are a high priority for IRS-CI, especially when the stolen identities are used to file false tax returns. Today’s sentencing makes it clear that we will vigorously pursue those who steal personally identifiable information and use it to undermine the integrity of the U.S. tax system.”

This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

Fort Myers, Florida – Larry Alan Goldman (63, North Port) has pleaded guilty to dealing in firearms without a license. He faces a maximum penalty of five years in federal prison. Goldman has also agreed to forfeit the 29 firearms that he had possessed or acquired during the commission of the offense, and to pay a fine of $25,000. A sentencing date has not yet been scheduled.

According to the

plea agreement , between February 2020 and August 2021, undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and a confidential informant purchased approximately 14 firearms from Goldman’s vendor booth at a flea market in North Fort Myers. During this time period, Goldman did not have a Federal Firearms License (FFL) authorizing him to lawfully engage in the business of dealing in firearms. In September of 2021, ATF agents visited Goldman at his home in North Port and served him with a Notice of Unlicensed Firearms Dealing Violation, and Goldman agreed to stop selling firearms.

Following ATF’s meeting with Goldman, undercover ATF agents purchased two additional firearms from Goldman at the flea market in September and October 2021. On October 19, 2021, ATF agents executed a federal search warrant on Goldman’s residence and a truck and trailer that Goldman used to facilitate the sale of firearms. Agents seized approximately 29 firearms and approximately $36,828 in cash. Authorities determined that, between January 2020 and September 2021, Goldman had purchased approximately 313 firearms.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Trent Reichling.

Ocala, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Darrell Pierre Hopkins (54, Dunnellon) with making a materially false statement in connection with the purchase of firearms and knowingly causing a licensed gun dealer to maintain false information in its official records. If convicted on both counts, Hopkins faces a maximum penalty of 15 years in federal prison.

According to court documents and evidence introduced in court, on or about November 23, 2021, Hopkins attempted to purchase two handguns from a federally licensed firearm dealer in Crystal River. While completing the mandatory firearm transaction paperwork, Hopkins certified that he had not previously been convicted of a felony. A criminal background check, however, revealed that Hopkins had prior felony convictions under an alias for robbery and conspiracy to deal cocaine. As a convicted felon, Hopkins is prohibited from possessing firearms or ammunition under federal law. When subsequently confronted by law enforcement, Hopkins admitted that he was the person who had attempted to purchase the firearms.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.          

This case was investigated by the Citrus County Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Ocala, Florida –United States Attorney Roger B. Handberg announces the filing of a

criminal complaint  and arrest of Miranda Delee Farleigh (25, Ocklawaha) for theft of mail matter by a postal employee. If convicted, Farleigh faces a maximum penalty of five years in federal prison. 

According to court documents, Farleigh worked as a contract employee of the United States Postal Service (USPS) delivering mail for the Lady Lake Post Office. Farleigh’s route included mail delivery services to postal stations in The Villages. On or about November 23, 2021, Farleigh’s supervisor discovered several tubs and bags of U.S Mail in Farleigh’s possession that had been rifled (unlawfully opened).

A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the United States Postal Inspection Service. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Tampa ― U.S. Attorney Roger B. Handberg announced today that the Middle District of Florida (MDFL) collected $160,946,371.39 related to criminal and civil matters in the fiscal year ending September 30, 2021 (FY 2021), during the tenure of his predecessors, Maria Chapa Lopez and Karin Hoppmann. Of that amount, $109,846,390.39 represents total collections in criminal and civil actions. Included in this amount is $60,443,168.31 recovered in its locally handled cases; $21,450,090.69 in criminal cases and $38,993,077.62 in civil cases.

The MDFL’s Civil Division, led by Civil Chief Randy Harwell, recovered a total of $88,396,299.70 on behalf of federal agencies and programs in affirmative civil enforcement cases during the last fiscal year. This amount has two components. In addition to its efforts in local civil cases noted above, the district’s Civil Division also joins forces with other U.S. Attorney’s Offices and with the Department of Justice Civil Frauds Section to address fraud schemes and illegal practices extending beyond district boundaries. The MDFL’s Civil Division recovered an additional $49,403,222.08 in these jointly handled cases.

Additionally, the district’s Asset Recovery Division, led by Chief Anita Cream, working with partner agencies, forfeited $51,099,981 from criminal and civil asset forfeiture actions completed in fiscal year 2021. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes. For instance, in FY 2021, more than $6.5 million forfeited in the MDFL in this and prior years was returned to victims of the criminal offenses upon which the forfeitures were based, and more than $2.4 million was shared with federal, state, and local law enforcement agencies. The district anticipates that the vast majority of the more than $51 million forfeited in FY 2021 will be returned to crime victims.

“The commitment of my predecessors, continued leadership by our office’s civil division and asset recovery division chiefs, and great coordination with our federal, state, and local law enforcement partners has resulted in the collection and recovery of millions of dollars from those who have sought to benefit from fraud and other illegal activities,” said U.S. Attorney Roger B. Handberg. “These collected funds will assist victims in their recovery process and aid law enforcement as they continue to hold criminals accountable for their crimes.”

U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the U.S. Department of Health and Human Services, the Defense Health Agency, the Internal Revenue Service, the Small Business Administration, and the Department of Education. See below for MDFL significant civil case highlights.

Significant Affirmative Civil Enforcement Cases

United States and the State of Florida ex rel. Albright v. Regency, Inc., et al.

Case no. 8:19-cv-686-T-30AEP (M.D. Fla.)

“Operation Brace Yourself,” a national takedown staged in April 2019, addressed a major fraud scheme directed at the sale of medically unnecessary durable medical equipment (DME) to Medicare beneficiaries. A qui tam relator filed a lawsuit in the Middle District of Florida that alleged that Regency Inc., a company owned and operated by Kelly Wolfe, fraudulently established DME companies (by providing false information regarding the true owners’ identities, among other misrepresentations on Medicare applications). Regency then sold those companies to other individuals, who used the companies to fraudulently bill Medicare for medically unnecessary DME that resulted from kickbacks or other inappropriate marketing practices. In 2019, the United States Attorney’s Office secured a major asset freeze that reached more than $30 million in cash and luxury items pending the resolution of a number of criminal prosecutions. In February 2021, the qui tam allegations were resolved through an ability-to-pay civil settlement for $20.3 million.   

Press Release: https://www.justice.gov/opa/pr/florida-businesswoman-pleads-guilty-criminal-health-care-and-tax-fraud-charges-and-agrees-203  

United States v. AAR Corp.; U.S. ex rel. Harvey v. AAR Corp., et al.

Case no. 3:15-cv-00390 (S.D. Ill.)

This civil investigation focused on allegations that a military contractor, AAR Corporation, and its Melbourne, Florida based subsidiary, AAR Airlift Group, Inc., had defrauded the United States while performing under contracts established to maintain military helicopters. A qui tam case was filed in the Southern District of Illinois that alleged the defendants owned and maintained helicopters for use in transporting Department of Defense cargo and personnel in support of missions in Afghanistan and Africa. The qui tam relator contended that the contractor knowingly failed to maintain nine aircraft in accordance with contract requirements, and that consequently, the helicopters were not airworthy and should not have been certified as “fully mission capable.” Separately, the Federal Aviation Authority asked the United States Attorney’s Office in the Middle District of Florida to pursue civil penalties to address overlapping allegations of misconduct by the contractor. In July 2021, the defendants agreed to resolve the qui tam allegations for $11,088,000, and an additional payment of $429,273.69 to resolve the FAA penalty claim.

Press release: https://www.justice.gov/opa/pr/aar-corp-agrees-pay-11-million-settle-false-claims-act-allegations-aircraft-maintenance

United States v. Ashish Pal, MD (M.D. Fla.)

This civil investigation resolved allegations that an Orlando-area cardiologist, Dr. Ashish Pal, had performed medically unnecessary ablations and stent procedures on veins that did not qualify for treatment under accepted standards of medical practice. Additionally, the government alleged that Dr. Pal had falsified patient medical records to justify the procedures by overstating the degree of reflux and diameter of veins, and by falsely documenting patient symptoms. The United States also alleged that, in many instances, the ablations had been performed by ultrasound technicians outside their permitted scope of practice. In September 2021, Dr. Pal paid the United States $6.75 million in a civil settlement that resolved these allegations.

Press release: https://www.justice.gov/opa/pr/orlando-cardiologist-pays-675-million-resolve-allegations-performing-unnecessary-medical

United States ex rel. Thompson v. Surgical Care Affiliates, LLC

Case no. 6:15-civ-2189-41LRH (M.D. Fla.)

The United States intervened in this qui tam case in January 2020 and pursued civil claims alleging that a former Orlando urologist and a local surgery practice group had defrauded federal payors through false claims for medically unnecessary lithotripsy services. In January 2021, the U.S. Attorney’s Office announced a settlement of the claims with the estate of the individual physician (who had passed away after the filing of the law suit) for $1.75 million. In February 2021, the United States settled in principal with the remaining defendants for $3.4 million.   

Press releases: https://www.justice.gov/usao-mdfl/pr/estate-deceased-urologist-agrees-pay-more-17-million-settle-false-claims-act-liability    

https://www.justice.gov/usao-mdfl/pr/surgical-care-affiliates-and-orlando-surgery-center-agree-pay-34-million-settle-false

United States ex rel. Herbold v. Doctor’s Choice Home Care Inc., et al.

Case no. 8:15- cv-01044 (M.D. Fla.)

United States ex rel. Billings, Sykes, and Eschoyez-Quiroga v. Doctor’s Choice Home Care Inc.

Case no. 8:16-cv-3112 (M.D. Fla.)

Two qui tam relators filed lawsuits in the Middle District of Florida and alleged that a Sarasota-based home health company, Doctor’s Choice Home Care, had defrauded Medicare in claims for home health services. The relators contended that the defendants offered improper financial inducements to referring physicians in the form of sham medical director agreements and bonuses to physicians’ spouses who were Doctor’s Choice employees and, additionally, that the company pressured clinical personnel to increase home visits to allow Doctor’s Choice to avoid a payment reduction (LUPA) by Medicare. Timothy Beach and Stuart Christensen founded Doctor’s Choice and formerly served as its top executives. These allegations were resolved in November 2020 for $5.158 million paid by Doctor’s Choice related to the inducement and LUPA allegations, and an additional $647,000 paid by Beach and Christensen related to the inducement allegations.

United States ex rel. Thornton v. National Compounding Co. et al.

Case No. 8:15-cv-2647 (M.D. Fla.)

This case alleged that the two owners of telemarketing entities based in the Fort Lauderdale area had defrauded the TRICARE health program through kickback practices designed to incentivize the issuance of compounded medication prescriptions. Jack Lee Stapleton and Jack Hunter Stapleton formerly owned a marketing business which operated under various names including CV McDowell LLC, and J&J Tel Marketing LLC. The United States alleged that these marketing firms used telemarketing to solicit prospective patients to accept compounded medications regardless of patient need, procured prescriptions for those patients, and then sent those prescriptions to compounding pharmacies that had agreed to pay the marketing companies half of the amount TRICARE reimbursed for each prescription. The Stapletons and their companies conspired with pharmacies to identify compounded drug formulas that maximized the level of reimbursement for the drugs, regardless of the medical need for the chosen formula. They then sought to procure large volumes of prescriptions for those formulas. In many cases, the marketers procured prescriptions by paying telemedicine providers who prescribed expensive compounded drugs without ever seeing the patients or conducting any meaningful medical examination. In March 2021, these allegations were resolved through a civil settlement that paid the United States $4 million.

Press release: https://www.justice.gov/opa/pr/former-owners-telemarketing-company-agree-pay-least-4-million-resolve-false-claims-act

United States v. Isaacson

Case no. 2:17-cv-352-TPB-NPM (M.D. Fla.)

In this case, the United States alleged that a Fort Myers pain clinic, Collier Anesthesia Pain, LLC, and Tampa Pain Relief Center, had engaged in an illegal kickback scheme by causing affiliated surgery centers to waive copayments for surgical facility fees in order to induce patients to receive injection procedures. Additionally, the United States contended that Collier Anesthesia and Tampa Pain knowingly submitted false claims by improperly billing for evaluation and management services and psychological testing services. In February 2021, the defendants agreed to resolve these allegations in a civil settlement that paid $1.6 million.         

Press release: https://www.justice.gov/usao-mdfl/pr/pain-clinic-pays-more-16-million-settle-false-claims-act-and-kickback-allegations

United States ex rel. Heyck v. Mori, Bean and Brooks, P.A

Case No. 3:18-cv-590-J-39PDB (M.D. Fla.)

A qui tam relator filed a lawsuit alleging that a Jacksonville radiology practice, Mori Bean & Brooks, PA, had billed healthcare programs for radiological images that had been interpreted outside of the United States. Medicare requires that for tele-radiology services to be eligible for reimbursement, they must be performed within the United States. The United States also contended that the practice group billed for radiology services that were initially performed overseas but were re-interpreted by another radiologist in the United States and billed to the second, domestic radiologist as if the latter doctor had performed the original read. The practice group cooperated with the government’s investigation and in November 2020, agreed to resolve the allegations in return for $1.4 million.

Press release: https://www.justice.gov/usao-mdfl/pr/jacksonville-radiology-practice-agrees-pay-14-million-resolve-health-care-fraud

Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Dr. Qing McGaha (55, Tampa) with conspiracy to commit unlawful distribution of controlled substances and unlawful distribution of controlled substances for no legitimate medical purpose and outside the usual course of professional practice, as well as monetary transactions in criminally derived property. The indictment also charges Camille Mohammed (52, Tampa) with conspiracy to commit unlawful distribution of controlled substances. If convicted of the drug conspiracy count, McGaha and Mohammed each face a maximum penalty of 20 years in federal prison. McGaha also faces a maximum penalty of 20 years in federal prison for each unlawful distribution count (15 counts) and 10 years in federal prison for each money laundering count (4 counts). If convicted on all counts, McGaha and Mohammed each face a maximum penalty of 20 years in federal prison. The indictment also notifies McGaha that the United States intends to forfeit $774,216.12 in U.S. currency, $170,482.34 seized from bank accounts, and two real properties located in the Tampa Bay area, which are alleged to be traceable to proceeds of the offense or used to facilitate the crimes.

According to the

indictment , McGaha was a Florida-licensed medical doctor who owned and operated MD Care Clinic, a pain management clinic in Hillsborough County. McGaha employed Mohammed, who served as the clinic’s receptionist and scheduled patient appointments, collected patient fees, and recorded vital measurements. Mohammed also falsified urine screen results, managed the overcrowded waiting room and parking lot, and fielded calls from pharmacists concerned about McGaha’s controlled substance prescriptions.

Over a 20-month period, undercover agents with the Drug Enforcement Administration conducted numerous appointments with McGaha and at each appointment received an opioid controlled substance (hydrocodone, hydromorphone, or oxycodone), not for a legitimate medical purpose and outside the usual course of professional practice.

In addition, McGaha engaged in multiple monetary transactions over $10,000, which monies she criminally derived from the operation of her clinic and which she used to purchase a piece of real property located in Clearwater or deposited into her bank account.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Drug Enforcement Administration—Tampa District Office and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office, which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. This case was also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. It will be prosecuted by Assistant United States Attorney Greg Pizzo.