Middle District of Florida

Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Tavares Speaight (25, Tampa) to two years in federal prison for possessing a firearm as a convicted felon. The court also ordered Speaight to forfeit the firearm and ammunition used in the offense.

Speaight had pleaded guilty on October 21, 2020.

According to court documents, law enforcement officers went to an apartment complex in Tampa looking for Speaight, who had outstanding arrest warrants. Speaight fled when he saw the officers and, after a brief foot chase, was arrested. Subsequent to the arrest, officers located a handgun on Speaight’s person. Speaight had previously been convicted of robbery, a felony, and is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Jimmy Wayne Hammonds, also known as “the Monkey Whisperer” (57, Parrish), with conspiracy, trafficking, and submitting a false record in violation of the Lacey Act, a federal law involving the illegal trade in wildlife. Hammonds was also charged with violations of the Endangered Species Act and witness tampering. If convicted, Hammonds faces a maximum penalty of 20 years’ imprisonment on the witness tampering count, up to 5 years in federal prison on each of the conspiracy and Lacey Act counts, and up to 1 year on each Endangered Species count.

According to the indictment, Hammonds owned and operated The Monkey Whisperer, LLC - a business engaged in the breeding and selling of wildlife. From September 2017 until February 2018, Hammonds conspired to sell a capuchin monkey to a buyer in California, even though that buyer could not lawfully possess a capuchin monkey in California. Hammonds facilitated the transportation of the capuchin monkey from Florida to California through individuals who were not permitted to possess that species of monkey in either state. Law enforcement later seized that monkey from the residence of the California buyer.

In addition, according to the indictment, Hammonds illegally sold cotton-top tamarins, which are primates listed as an endangered species, to buyers in Alabama, South Carolina, and Wisconsin. Hammonds allegedly concealed his unlawful wildlife trafficking by submitting false records to a law enforcement officer and attempted to persuade a witness to lie to a law enforcement officer.

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 U.S. Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, and the California Department of Fish and Wildlife. It will be prosecuted by Assistant United States Attorney Colin McDonell.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Kwame’ Leon Weaver (31, Clearwater) to 10 years in federal prison for possessing a mixture of fentanyl, acetylfentanyl, and heroin with the intent to distribute it. 

Weaver had pleaded guilty on November 20, 2019.

According to court documents, Weaver sold fentanyl and acetylfentanyl to an undercover law enforcement officer on several occasions. When officers executed a search warrant at Weaver’s residence, they found him outside, whereupon he dropped several grams of an acetytlfenatnyl/fentanyl/heroin mixture. The officers also recovered a .38 caliber pistol from inside Weaver’s home. Weaver has prior convictions for carjacking and selling hydromorphone and therefore is prohibited from possessing firearms under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Callan L. Albritton.

Tampa – United States Attorney Maria Chapa Lopez announced today that the Middle District of Florida (MDFL) collected $276,324,126.35 in criminal and civil actions in the fiscal year ending September 30, 2020 (FY 2020). Of this amount, $99,349,069.35 represents collections from locally handled criminal and civil actions, including $65,223,665.55 in civil actions and $34,125,403.80 in criminal actions.

The MDFL’s Civil Division, led by Civil Chief Randy Harwell, recovered a total of $222,965,488 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 $157,741,823 in these jointly handled cases. 

Additionally, the district’s Asset Recovery and Victims’ Rights Division, led by Chief Anita Cream, recovered $19,233,234 in asset forfeiture actions last fiscal year. 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 2019, nearly $21 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 $4.5 million was shared with federal, state, and local law enforcement agencies. 

“Through our collaborative work with our federal, state, and local law enforcement partners, our collection efforts have resulted in the recovery of millions of dollars from convicted criminals and others who have benefitted from fraud and other illegal activities,” said U.S. Attorney Chapa Lopez. “These collected funds will assist victims in their recovery and assist 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 to 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.

 

CIVIL HEALTHCARE ENFORCEMENT CASE SUMMARIES

 

United States ex rel. Gardner v. Universal Health Services, Inc., et al., case no. 3:12-civ-608 (M.D. Fla.) 

A whistleblower filed a complaint under the qui tam provisions of the False Claims Act, alleging that a nationwide provider of behavioral health services, Universal Health Services, Inc., had defrauded federal health programs in a variety of ways, notably by submitting bills for behavioral health services provided to ineligible patients, failing to discharge patients when they no longer needed inpatient or residential treatment, and improper use of physical and chemical restraints and seclusion. While the investigation was underway, seventeen other qui tam cases were filed against the defendants that made overlapping allegations. These cases were transferred to the Eastern District of Pennsylvania where Universal Health maintains its corporate headquarters, and, on July 20, 2020, the cases were globally settled for $122,000,000. Of this amount, $88,124,761 was paid to the United States, with the balance paid to participating state Medicaid plans. In terms of total settlement amount, this is the fifth largest civil health care settlement in the history of the Middle District of Florida. Press release: www.justice.gov/opa/pr/universal-health-services-inc-and-related-entities-pay-122-million-settle-false-claims-act   

 

United States ex rel. Cho v. Surgery Partners, Inc., et al., case no. 8:17-civ-918 (M.D. Fla.)

Within a span of only a few days, two separate whistleblowers filed two qui tam complaints (one in the Eastern District of Pennsylvania and one in the Middle District of Florida) that alleged a large Tampa pain management practice, Tampa Pain Relief Centers, conspired with a local laboratory, Logan Laboratories, and their corporate owner, Surgery Partners, Inc., to defraud federal health programs through claims for medically unnecessary urine drug testing services. The United States intervened in order to settle these claims, and recovered $41,000,000, of which $40,741,823 was paid to the federal government. The balance was paid to state Medicaid plans. Press release: www.justice.gov/opa/pr/reference-laboratory-pain-clinic-and-two-individuals-agree-pay-41-million-resolve-allegations   

 

Opthalmic Consultants, P.A.

A civil investigation was opened into the practices of this Sarasota ophthalmology practice and its co-owners, Robert Snyder, M.D. and Paul Runge, M.D., based upon a referral from the local Medicare integrity contractor. The investigation concluded that from 2013 through 2017, the practice and the two physicians had submitted false claims to Medicare, Tricare, and federal employee health benefit plans arising from treatment of eye conditions. Specifically, the investigation concluded that they had improperly engaged in a practice known as “multi-dosing” (using a single vial of medication to provide doses to multiple patients) in order to receive reimbursement to which they were not entitled.  On June 20, 2020, the practice and Dr. Snyder agreed to pay $4.8 million to resolve these civil claims. Press release: https://www.justice.gov/usao-mdfl/pr/sarasota-based-ophthalmic-consultants-agrees-pay-48-million-resolve-claims-multi-dosing   

United States ex rel. Parker v. Florida Cancer Research Institute, et al., case no. 2:17-civ-428 (M.D. Fla.)

An employee of the Florida Cancer Research Institute filed a qui tam complaint after she contacted the VA Office of Inspector General’s hotline to report that the institute was being overpaid by the VA for physician-administered drugs. An agency audit following the hotline complaint determined that a mistake in the Fee Basis Claims System had led the Florida Claims Processing Centers to pay the full amount billed by the provider rather than the appropriate Medicare rate. Subsequently, the VA fixed the issue and the institute worked cooperatively with the United States to determine the amount of an overpayment, ultimately returning $2,341,508. Press release: https://www.justice.gov/usao-mdfl/pr/cancer-treatment-center-repays-more-234-million-resolve-civil-claims-pertaining

 

United States and State of Florida ex rel. Peters v. Hope Hospice and Community Services, et al., case no. 2:16-civ-6 (M.D. Fla.)

A former director of hospice care at a southwest Florida provider of hospice filed a qui tam lawsuit alleging that her former employer, Hope Hospice and Community Services, had defrauded Medicare through claims for reimbursement of medically unnecessary hospice care. The ensuing civil investigation concluded that from July 1, 2012 through June 30, 2016, the provider had submitted claims for services provided to hospice patients who were not terminally ill, in certain instances to patients for a period of over four years. On July 8, 2020, the United States announced a settlement of these civil claims in return for $3,200,000. Press release: https://www.justice.gov/usao-mdfl/pr/hope-hospice-agrees-pay-32-million-settle-false-claims-act-liability   

 

United States ex rel. Silva et al. v. Vici Marketing, Inc., et al., case no. 8:15-civ-444 (M.D. Fla.)

In 2015, two former employees of Oldsmar Pharmacy filed a qui tam complaint alleging that the Tampa Bay area compounding pharmacy submitted claims for millions of dollars in reimbursement to the Tricare health program that were tainted by kickbacks. Among their allegations was that a marketing company owned by Scott Roix – Vici Marketing – was sending patient information to doctors, who certified the patients’ need for compounded pain creams. The compounding pharmacy defendants then billed Tricare for millions of dollars in reimbursement for these medically unnecessary creams. In August, 2018, the United States intervened in the qui tam lawsuit and filed its own complaint, alleging that Roix and his marketing companies fraudulently obtained insurance coverage information from consumers across the country, used that information to arrange for medically unnecessary prescriptions of pain creams, and sold the prescriptions to pharmacies under the guise of marketing services. The United States further alleged that the payments solicited from the pharmacies were based on the volume and value of the prescriptions. On August 1, 2019, the United States announced an ability to pay settlement with Mr. Roix and his marketing companies (HealthRight, LLC; Health Savings Solutions, LLC; Vici Marketing, LLC; and Vici Marketing Group, LLC) that resolved the allegations of the United States in its civil complaint for $2,500,000. The civil settlement also resolved claims that HealthRight, at the direction of Roix, received payments from Synergy Pharmacy that were based on the value and volume of prescriptions solicited by HealthRight on behalf of Synergy Pharmacy. These allegations were also the subject of a criminal case captioned United States v. Roix, et al., case No. 2:18-cr-133 (E.D. Tenn.), in which Roix and HealthRight pleaded guilty in September 2018. Press release: https://www.justice.gov/usao-mdfl/pr/telemarketer-and-his-companies-agree-pay-25-million-settle-allegations-they-operated  

 

United States ex rel. Green et al. v. Tran, et al., case no. 5:15-civ-60 (M.D. Fla.)

In 2015, two relators filed a qui tam complaint alleging that a Villages dermatologist, Thi Thien Nguyen Tran, and his practice, Village Dermatology and Cosmetic Surgery, had defrauded Medicare through a variety of schemes. After a lengthy investigation, we substantiated that Dr. Tran had upcoded claims for complex wound repairs following Mohs surgery procedures, and billed them as adjacent tissue transfers in order to obtain Medicare reimbursement that he was not entitled to receive. On March 13, 2020, we intervened in order to settle these claims in return for $1,744,000. Press release: https://www.justice.gov/usao-mdfl/pr/villages-dermatologist-agrees-pay-more-17-million-settle-false-claims-act-liability    

Tampa, Florida – Christopher Buonocore (34, Hicksville, NY) has pleaded guilty to six counts of cyberstalking. He faces a maximum penalty of five years in federal prison on each count. A sentencing date has not yet been set.

According to court documents, over a seven-year period, Buonocore used text messages, fictitious phone numbers, and social media accounts to harass, intimidate, cyberstalk, and attempt to sextort six women, including a minor. Buonocore’s harassment campaign involved posting sexually explicit and nude images of the victims to the internet, and personal identifying information such as their phone numbers, addresses, and social media profile names. Buonocore solicited individuals online, unknown to him, to contact and harass the victims, including, at times, encouraging these individuals to rape a victim or extort additional sexually explicit images from them.

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

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Jermica Jerri Dominick Brooks (37, Orlando) a/k/a “Jermica Jerri Dominick Sykes” to six years and nine months in federal prison for two separate wire fraud schemes and aggravated identity theft. The court also ordered Brooks to forfeit more than $25,000, which is traceable to benefits she had received as a result of the offenses. 

Brooks had pleaded guilty on November 12, 2020.

According to court documents, following Hurricane Irma in 2017, Brooks used stolen identities to file five applications for disaster assistance from the Federal Emergency Management Agency (FEMA). Brooks had obtained the personally identifiable information of certain victims during the course of her employment at a local plumbing business, where she worked as an office manager in or about 2016.  Brooks obtained other stolen identities by purchasing the information through illicit channels. At sentencing, a victim informed the Court that she was unable to obtain FEMA assistance following Hurricane Irma because Brooks had already filed a fraudulent application in her name.

In a separate scheme, from January through May 2018, Brooks applied for and obtained 10 apartment leases in the names of identity theft victims. She used unauthorized or nonexistent financial account information to make it appear that her application and initial rent payments were legitimate, and feigned personal emergencies to secure occupancy in the leased apartments before those electronic payments were returned or rejected. Those leases resulted in a series of evictions in the names of Brooks’s victims. According to victims’ statements provided to the Court at sentencing, Brooks’s repeated use of their identities resulted in significant hardships surrounding their efforts to secure credit, housing, and car loans.

This case was investigated by the Department of Homeland Security – Office of the Inspector General, the Orlando Police Department, the Casselberry Police Department, the Orange County Sheriff’s Office, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging David Alan Quarles (49, Odessa) with conspiracy; sex trafficking by force, threats, fraud, or coercion; importation of an alien for the purpose of prostitution; transportation of an individual in interstate commerce for the purpose of prostitution; and using a facility of interstate commerce in aid of prostitution. If convicted on all counts, Quarles faces a maximum penalty of life in federal prison. The indictment also notifies Quarles that the United States intends to forfeit assets alleged to have facilitated these offenses or that are traceable to proceeds of the offenses.

According to the

indictment , Quarles and his conspirators recruited victims, some of whom were children or foreign nationals, to engage in prostitution. Quarles used violent, fraudulent, or otherwise coercive tactics—including physical violence, sexual assault, threats of violence, and misrepresenting the nature of their employment before the victims began working—to recruit victims or keep the victims engaged in prostitution. Quarles and his conspirators allegedly directed these victims to engage in prostitution, posted advertisements featuring these victims, and arranged for the victims to travel across the United States to work. Quarles required his victims to send him the money that they had earned or seek his permission to spend funds on necessities.

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 Homeland Security Investigations and the U.S. Coast Guard Investigative Service. It will be prosecuted by Assistant United States Attorney Colin McDonell.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an 11-count superseding indictment charging David Chappell Fey (56, Belleview) and Shari Lynn Gunter (57, Ocklawaha) with the murder of a government witness and conspiracy to murder a government witness. Fey and Gunter are also charged with conspiracy to distribute methamphetamine and fentanyl causing the death of their victim. Fey faces an additional eight counts of distributing methamphetamine and Gunter faces one count of distributing methamphetamine.

The statutory penalties for these offenses include up to life imprisonment and death.

According to the superseding indictment and other court records, Fey and Gunter conspired together and murdered “K.B.” to prevent her from communicating information to law enforcement regarding the distribution of methamphetamine by Gunter and Fey. On April 6, 2016, K.B. was found deceased in her parked vehicle near a cemetery in Oxford, Florida, the victim of an apparent drug overdose. Upon further investigation by local, state, and federal agencies, it was determined that K.B.’s death was not accidental, but that she died from homicide caused by the intentional injection of fentanyl and methamphetamine. K.B. was 31 years old at the time of her death.

In addition to intentionally murdering and conspiring to kill K.B., the superseding indictment alleges that Fey and Gunter conspired to distribute methamphetamine and fentanyl, the use of which resulted in the death of K.B. Fey is separately charged with distribution and possession with intent to distribute methamphetamine on eight different occasions between January 19, 2016, and October 17, 2019. Gunter is charged jointly with Fey in one of the distribution counts, occurring on January 19, 2016.

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, with support from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, the Marion County Sheriff’s Office, the Unified Drug Enforcement Strike Team, the Sumter County Sheriff’s Office, and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Michael P. Felicetta and Tyrie K. Boyer. 

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Brian Roy Lozito (51, Orange Park) with conspiracy to commit wire fraud and 12 counts of wire fraud. If convicted, Lozito faces a maximum penalty of 20 years in federal prison on each count and payment of restitution to the victims he defrauded. Lozito was arraigned on the charges on January 11, 2021. His trial is set for March 1, 2021.   

According to the indictment, Lozito owned and managed American Investigative Services (AIS). AIS purported to offer consumers mortgage auditing services in exchange for a fee. Lozito and his conspirators solicited customers nationwide through mailings and telephone calls. In these solicitations, Lozito and AIS employees under his direction made false and fraudulent representations to consumers, including that AIS would perform “forensic audits” of mortgage documents in order to uncover evidence of deficiencies in the mortgage documents. Lozito claimed AIS would obtain quitclaim deeds and other remedies, so the mortgage holders would be relieved of their mortgage debt and own their properties free and clear. If AIS could not help the consumer, Lozito promised to refund their money. In reality, AIS did not perform the services paid for by consumers and did not refund money to consumers. Money collected from consumers went to bank accounts controlled by Lozito, and he spent the money. 

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 U.S. Secret Service (Jacksonville Field Office) and the Office of the Florida Attorney General – Consumer Protection Division, with assistance from the Clay County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

The owner of an Orlando-area telemarketing call center was convicted for his role in a kickback scheme involving expensive genetic tests and fraudulent telemedicine services that resulted in the payment of approximately $2.8 million in false and fraudulent claims to Medicare.

Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Michael F. McPherson of the FBI’s Tampa Division, and Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services – Office of Inspector General (HHS-OIG) for the Middle District of Florida, made the announcement.

Ivan Andre Scott, 34, of Kissimmee, Florida was convicted after a four-day trial of one count of conspiracy to commit health care fraud, three counts of health care fraud, one count of conspiracy to defraud the United States and pay and receive health care kickbacks, and three counts of receiving kickbacks. 

According to evidence presented at trial, Scott was the owner of Scott Global, a telemarketing call center located in Orlando. The evidence showed that Scott targeted Medicare beneficiaries with telemarketing phone calls falsely stating that Medicare covered expensive cancer screening genetic testing, or “CGx.” The tests could cost as much as $6,000 per test. After beneficiaries agreed to take the test, the evidence showed Scott paid bribes and kickbacks to telemedicine companies to obtain doctor’s orders authorizing the tests. 

The evidence showed that the telemedicine doctors approved the expensive testing even though they were not treating the beneficiary for cancer or symptoms of cancer, and often without even speaking with the beneficiary. According to the evidence presented at trial, Scott then sold the genetic tests and doctor’s orders to laboratories in exchange for illegal kickbacks. To conceal the illegal kickbacks, Scott submitted invoices to the laboratories and other marketers making it appears as though he were being paid for hourly marketing services, rather than per referral. 

Between November 2018 and May 2019, labs submitted more than $2.8 million in claims to Medicare for genetic tests Scott referred to them, of which Medicare paid over $880,000. In that timeframe, Scott personally received approximately $180,000 for his role in the scheme.

The case was investigated by the HHS-OIG and the FBI and was brought as part of Operation Double Helix, a federal law enforcement action led by the Health Care Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section, focused on fraudulent genetic cancer testing that has resulted in charges against dozens of defendants associated with telemedicine companies and cancer genetic testing laboratories for their alleged participation in one of the largest health care fraud schemes ever charged. Trial Attorneys Alejandro Salicrup and Jamie de Boer of the Criminal Division’s Fraud Section are prosecuting the case.

Tampa, FL – U.S. Attorney Maria Chapa Lopez recognizes the service of federal, state, local, and tribal police officers on Law Enforcement Appreciation Day, which is being observed Saturday, January 9, 2021. On this date, communities across the country will show their appreciation and support for law enforcement agencies and their personnel in various ways.

“I ask that you join me in recognizing the tremendous service and sacrifices that our law enforcement officers have made this past year and make every day,” said U.S. Attorney Maria Chapa Lopez. “Together, with our ongoing partnerships, commitment, and dedication, we will continue to work together to ensure that our citizens, here in the Middle District of Florida, are safe and secure.”

As part of this national day of recognition, citizens across the country are encouraged to share their expressions of gratitude and support for local law enforcement agencies, officers, and public safety personnel within their respective communities. Likewise, citizens and officers alike are encouraged to share their positive experiences and collaborations with each other.  

The Middle District of Florida serves 35 of the 67 counties in Florida, which is over half the population of Florida. Headquartered in Tampa, five offices are located throughout the district.

Ocala, Florida – Gary Dewayne Martin (31, Fort McCoy, FL) has pleaded guilty to possessing an unregistered firearm silencer. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

Martin had been indicted on July 15, 2020.

According to the plea agreement, on September 20, 2019, law enforcement officers responded to Martin’s residence to investigate reports that he had been threatening individuals with a gun. Deputies located 37 firearms and large quantities of ammunition, including a .22 caliber rifle with a homemade silencer attached to the barrel. Martin subsequently admitted that the firearm and silencer belonged to him. Martin had never registered the silencer, nor sought permission to manufacture it, as is required under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney William S. Hamilton.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – Senior U.S. District Judge Virginia Hernandez Covington today sentenced Christopher John Streeter (63, Land O’Lakes) to life in federal prison for sex trafficking of a child under the age of 14. Streeter had pleaded guilty on October 15, 2020.

According to court documents, from September 2018 through June 2019, Streeter directly participated in a scheme that sexually exploited children in the Philippines in order to produce child sex-abuse videos for his consumption. Over that period, Streeter communicated and transacted with Philippines-based facilitators to recruit children to engage in sex acts on camera. The child victims—some of whom were as young as 12 and 13 years of age—were particularly vulnerable due to poverty and illness.

Streeter sent payments to the Philippines in exchange for depictions of the victims engaging in sex acts. The money that Streeter remitted covered various recording production costs, such as hotel rooms, transportation, and a commission for the recruiters. In return, Streeter received videos and images of children involved in various sex acts that tracked Streeter’s directives. Streeter negotiated and paid a premium for videos and images depicting female children losing their virginity and being harmed by other forms of sexual violence. He also negotiated and paid a premium for media depicting female children being placed at risk of pregnancy, including additional payment for emergency contraception pills and, occasionally, for abortions.  

One of Streeter’s victims was a 12-year-old girl from Ozamis, Philippines. In 2018 and 2019, Streeter communicated with a Philippine recruiter in Ozamis named Analyn Tababini. On multiple occasions, while in the Tampa Bay area, Streeter paid Tababini to arrange for sex-abuse videos to be made of the victim. The monies covered production costs, including the male abuser, money for the victim, hotel expenses, and a commission for Tababini. In return, Tababini sent Streeter several videos of the sexual abuse of the victim. At one point, Streeter voiced displeasure with the videos not depicting insemination of the victim and ordered Tababini to purchase and make the victim take emergency contraception for future videos.

In addition to working for Streeter, Homeland Security Investigations Transnational National Criminal Investigative Unit in Manila discovered that Tababini has facilitated internet sex shows of minors in exchange for payment from an array of international clientele. In a recent, coordinated operation conducted by the Philippine National Police in Ozamis, Philippines, six of Tababini’s child sex-trafficking victims (including Streeter’s 12-year-old victim) were rescued by the Philippine Department of Social Welfare and Development. Philippine authorities also arrested Tababini and executed three search warrants in support of their continuing investigation.

“This morally corrupt individual thought he could circumvent justice because of international borders,” said HSI Tampa Acting Deputy Special Agent in Charge Micah C. McCombs. “Leveraging HSI’s unique international authorities and our strong law enforcement partnership with the Pasco Sheriff’s Office, this human trafficker will now face the justice he deserves.”

"I am proud of the partnership that we have with the Department of Homeland Security,” said Pasco Sheriff Chris Nocco. “We are proud of the hard work of our members that resulted in saving children and getting the perpetuator of these heinous acts out of our community."

This case was investigated by Homeland Security Investigations (Tampa and Manila), with assistance from the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Frank Murray.

The Philippines victim-rescue operation was conducted by the Philippine National Police (Manila), with assistance from Homeland Security Investigations (Tampa and Manila), U.S. Customs and Border Protection (National Targeting Center), the Philippine National Police Woman and Children Protection Center (Mindanao Field Unit), and the Ozamis City Police Office.

This case was brought as part of the Tampa Bay Human Trafficking Task Force of the Middle District of Florida; 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. 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 Virginia Hernandez Covington today sentenced Romney Christopher Ellis (57, Indianapolis) to 4 years and 10 months in federal prison for making threats and mailing a dead animal using the U.S. Mail. The court also ordered Ellis not to have contact with any of the victims associated with the case.

Ellis had pleaded guilty on April 23, 2020.

According to court documents, for at least four years, Ellis engaged in a campaign of harassment against a victim residing in Hillsborough County. Between 2012 and 2018, a Hillsborough County judge issued multiple domestic violence injunctions against Ellis on the victim’s behalf. Ellis repeatedly violated the orders, including by stalking and threatening the victim, and, in 2013, was convicted of aggravated stalking.

In 2019, Ellis continued his harassment campaign against the victim through text messages, photographs, and videos. Ellis’s communications involved threats of violence, including messages indicating that he intended to travel from Indiana to Florida, and planned to decapitate and set the victim on fire. Ellis routinely made racially and sexually charged statements in the text messages, including sending sexually explicit images of himself to the victim. Ellis also used the U.S. Mail to harass the victim and victim’s family and friends. One on occasion, Ellis mailed a package to the victim’s home containing a dead rat and black rose.

 In February 2020, law enforcement executed a search warrant at Ellis’s home in Indianapolis and recovered a handwritten note containing the names and addresses of the victim and the victim’s family and friends.

The investigation also revealed that Ellis had a history of repeatedly stalking and victimizing people throughout his life. Court documents showed that since as early as 1993 and continuing through Ellis’s date of arrest in March 2020, 14 individuals had sought and obtained protective orders against Ellis based on his harassment, stalking, threats, and acts of violence.

This case was investigated by U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Eugene Stephan Cole (30, Tampa) with possession of credit card manufacturing equipment and producing counterfeit credit cards. If convicted on both counts, Cole faces a maximum penalty of 25 years in federal prison and payment of restitution to the victims that he defrauded. The indictment also notifies Cole that the United States intends to forfeit various items of equipment and computer media used by Cole to produce counterfeit credit cards. Cole was arraigned in federal court earlier today in Jacksonville. His trial is set for March 1, 2021.  

According to the indictment, on March 4, 2020, Cole possessed items related to his manufacturing of counterfeit credit cards, including a credit card encoder/recoder, a card embosser, an Apple iPad, and multiple Apple iPhones.

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 United States Secret Service (Jacksonville Field Office) and the Florida Highway Patrol. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Howard D. Farley, Jr. (72, Weirsdale) and Duc Hanh Thi Vu (56, Weirsdale) with passport fraud. Farley was also charged with aggravated identity theft, Social Security fraud, possession of a firearm and ammunition by a convicted felon, and operating as a pilot without a legitimate airman’s certificate. Vu was additionally charged with false statements to a federal agency and employing a pilot without a legitimate airman’s certificate. The indictment also includes a forfeiture allegation to seize the couple’s aircraft.

If convicted, Farley faces a maximum penalty of 30 years in federal prison. Vu faces a maximum penalty of 18 years in federal prison.

Farley was previously arrested on December 2, 2020, as “John Doe,” after federal agents obtained an arrest warrant for passport fraud. Once Farley was fingerprinted, agents confirmed that he had been using the identity of a deceased person for more than 35 years to avoid apprehension in the District of Nebraska where, in 1985, he had been indicted as part of a drug distribution conspiracy. Those charges were dismissed in 2014.

According to the indictment and other court records, in or around February 2020, Farley and Vu, acting together, submitted a passport application using the name and date of birth of an infant who had died in 1955. Farley and Vu failed to disclose Farley’s true identity in the application. They also included a Social Security number for the victim, which Farley had obtained by fraudulent means in 1982.

At the time of his arrest on December 2, 2020, authorities executed a search warrant at the couple’s residence, in which agents recovered a firearm and ammunition inside Farley’s nightstand. Farley was convicted in 1970 of a felony in Nebraska and is prohibited from possessing a firearm or ammunition under federal law. While agents were at the residence, Vu allegedly made false statements regarding the true identity of Farley.

The Department of Homeland Security also seized an aircraft located at the residence. While the aircraft was registered to Vu, Farley was the only pilot who operated it. The indictment charges Farley with operating as a pilot without a legitimate airman’s certificate. It further charges Vu with employing Farley as a pilot without a legitimate airman’s certificate. Farley did not have a legitimate airman’s certificate because he falsified his identity to the Federal Aviation Administration. He also failed to disclose his felony conviction from Nebraska and his status as a fugitive from justice. If convicted of these offenses, the aircraft would be subject to forfeiture by the United States.

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 U.S. Department of State’s Diplomatic Security Service (DSS), the Department of Transportation – Office of Inspector General, the Social Security Administration – Office of the Inspector General, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation,with support from the Marion County Sheriff’s Office and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.           

 

Orlando, Florida – United States District Judge Carlos E. Mendoza has sentenced Valdez Williams (61, Altamonte Springs) to 16 years and 8 months in federal prison for possessing a firearm and ammunition as a convicted felon. He was also ordered to forfeit the firearm and ammunition. At the time of the offense, Williams was on federal supervised released.

Williams had been found guilty by a federal jury on October 2, 2020.

According to evidence presented at trial, during the execution of a search warrant at Williams’s apartment, law enforcement officers found a .380 caliber firearm in Williams’s bedroom safe. Officers also found stolen property and a plate of cocaine base in the apartment. Williams admitted that he sold the cocaine base and had purchased the stolen property. Williams said that he had obtained the firearm for protection because his apartment had been burglarized a month earlier.

This case was investigated by the Seminole County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Daniel P. Jancha and Karen L. Gable.

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 Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida today concluded that there is reasonable cause to believe that the conditions at Lowell Correctional Institution (Lowell) in Ocala, Florida, violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that Lowell fails to protect prisoners from sexual abuse by the facility’s staff.

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.   

“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff. Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse and investigations of sexual abuse allegations are inadequate. This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it.”

“Sexual abuse cannot be tolerated anywhere and female prison inmates are particularly vulnerable during their confinement,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions.”

The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for Middle District of Florida initiated the investigation in April 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida today concluded that there is reasonable cause to believe that the conditions at Lowell Correctional Institution (Lowell) in Ocala, Florida, violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that Lowell fails to protect prisoners from sexual abuse by the facility’s staff.

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.   

“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff. Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse and investigations of sexual abuse allegations are inadequate. This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it.”

“Sexual abuse cannot be tolerated anywhere and female prison inmates are particularly vulnerable during their confinement,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions.”

The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for Middle District of Florida initiated the investigation in April 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis. 

The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA).  The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.

“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis.  As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division.  “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies.  This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States.  Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”

“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea.  “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart.  Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”

The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers.  The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice.  The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA.  Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis. 

If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported.  The court also may award injunctive relief to prevent Walmart from committing further CSA violations.

“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch.  “We look forward to advancing this case with our DOJ partners.”    

“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez.  “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”

“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme.  “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances.  Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”

“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn.  “We look forward to pursuing justice and holding the company accountable for its conduct.”

“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr.  “Walmart’s failures only made these problems worse.  For example, our office prosecuted a physician for illegal opioid distribution.  A jury convicted him just last year, and he is currently serving a twenty-year prison sentence.  As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled.  Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills.  My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”

“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss.  “DEA registrants must understand that licensure is a privilege, not a right.  Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”

The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.

The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida.  The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case.  The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl.  Information about the DEA is available at www.dea.gov.

 

Download 2020.12.22 walmart complaint final

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Vershaun Lamar Puzie (32, Jacksonville) with two counts of possessing a firearm as a convicted felon. If convicted, Puzie faces a mandatory minimum penalty of 15 years, and up to life, in federal prison on each count. The indictment also notifies Puzie that the United States intends to forfeit two Smith & Wesson pistols, which are alleged to have been used in the offenses.

According to the indictment, Puzie possessed a Smith & Wesson .40 caliber pistol on January 1, 2019, after being convicted of eight felonies. The indictment also alleges that Puzie possessed a Smith & Wesson 9mm caliber pistol on July 16, 2020, after being convicted of ten felonies. Because Puzie had been convicted of selling drugs on three separate occasions prior to allegedly possessing each of the firearms, he faces enhanced mandatory minimum sentences.

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 Assistant United States Attorney Laura Cofer Taylor and Special Assistant United States Attorney Cyrus Zomorodian.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Jeremiah Butler-Jackson (20, Tampa) to four years and two months in federal prison for possessing a loaded gun as a convicted felon. Butler-Jackson had pleaded guilty on October 8, 2020.

According to court documents and information presented during the sentencing hearing, Butler-Jackson is known to law enforcement as a Progress Village gang member. His criminal history involves multiple crimes of violence, including shooting and robbery. On October 2, 2019, officers observed that Butler-Jackson had posted a video on Instagram in which he posed with a handgun clipped to his waistband. A few minutes later, officers observed Butler-Jackson in public wearing the same clothes as in the video. When they attempted to detain him, he fled on foot, discarding the gun in the yard of a private residence as he ran. Officers caught Butler-Jackson and recovered the gun, which matched the one displayed in the Instagram video.

As a previously convicted felon, Butler-Jackson is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael M. Gordon.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Aaron Moses (31, Odessa) to 10 years and 6 months in federal prison for conspiracy to possess with intent to distribute methamphetamine, and for possession of cocaine and heroin with intent to distribute. Moses had pleaded guilty on September 22, 2020.

According to court documents, in October and November of 2018, Moses and a co-conspirator distributed over 830 grams of crystal methamphetamine in Pasco County during multiple transactions with a confidential source. Moses supplied the methamphetamine to the co-conspirator at prearranged meeting locations, who in turn, sold it to the confidential source.

Moses also sold cocaine and substances containing fentanyl and heroin to a confidential source in April of 2019. Upon executing a federal search warrant at Moses’s residence on April 22, 2019, investigators recovered powder cocaine, heroin, crack cocaine, MDMA pills, oxycodone pills, multiple cutting agents, and a digital scale. They also found a loaded shotgun and an AK-47 rifle in the master bedroom, a pistol in the living room, and loaded pistol inside a car parked, inside the garage.

his case was investigated by the Drug Enforcement Administration, the Pasco Sheriff’s Office, and the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael Sinacore.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces that Justina Maria Holland (36, Winter Springs) – now known as Justina Maria Rummel – has pleaded guilty to 12 counts of wire fraud, 3 counts of mail fraud, 2 counts of access device (credit card) fraud, 2 counts of aggravated identity theft, 2 counts of false use of a social security number, and 1 count of theft of government property. Holland faces a mandatory minimum penalty of 2 years’ imprisonment for the aggravated identity theft counts, and maximum penalties ranging between 5 to 20 years in federal prison for the other counts. Sentencing has been set for March 1, 2021.

According to court documents, Holland was employed at a local business, where she had access to the bank and credit accounts of the business and its owner.  From March 2015 through June 2018, Holland used her position to embezzle over $1 million from her employer and the employer’s owner. Holland’s scheme consisted of three parts.

First, Holland embezzled over $300,000 by taking funds from various company checking and IRA accounts and by manipulating the company’s payroll system to receive additional salary payments.

Second, Holland engaged in over $700,000 of credit card fraud. She made unauthorized purchases using the victim’s American Express and Visa credit cards by making unauthorized transfers from her employer’s various bank accounts.  Holland also opened a Visa credit card account in the victim’s name by using his Social Security number and date of birth. Holland used that VISA card to make over $196,000 in purchases for herself, including for vacations. Holland also used her employer’s bank accounts to pay the bills incurred with that VISA card.   

Third, Holland used her minor son’s Social Security number to obtain financing for her purchase of a BMW and a Porsche. She used funds from her employer to make some of the car payments for the vehicles.

Holland covered up her embezzlements by providing her employer with false spreadsheets     that concealed her spending, among other things. She also erased contents of her work phone and the hard drive from her computer after her fraud was detected.

During the time that Holland was working at the employer and embezzling funds, she received food stamps through the Supplemental Nutrition Assistance Program (SNAP). SNAP is a federally funded, national program established by United States Department of Agriculture that was administered in Florida by the Florida Department of Children and Families (DCF). In her applications for public SNAP assistance, Holland falsely represented that she and her husband did not earn any income. From May 2012 to August 2016, Holland received over $23,000 in SNAP benefits. She would not have received any of those benefits had she not made those misrepresentations about her financial situation.

This case was investigated by the Federal Bureau of Investigation, the Seminole Financial Crimes Task Force, the U.S. Department of Agriculture – Office of the Inspector General, and the Florida Department of Financial Services – Division of Public Assistance Fraud. It is being prosecuted by Assistant United States Attorneys Roger B. Handberg and Terry B. Livanos.

Jacksonville, Florida – Today, the Department of Justice recognized State Attorney Melissa Nelson of the Fourth Judicial Circuit for her Office’s outstanding support of the Project Safe Neighborhoods (PSN) Initiative.

“Public safety is the culmination of leadership, vision, and a commitment to improving the quality of life in her community,” said U.S. Attorney Maria Chapa Lopez. “Melissa Nelson has achieved all three. Through a spirit of cooperation and public service, she has dedicated herself and her office to reducing crime by investing in people, proven methods and technologies, and imagining new possibilities. The success of Project Safe Neighborhoods in northeast Florida is directly attributable to her ability to galvanize her office, critical agencies and community partners around a common goal – creating safer communities.”

Melissa Nelson was elected State Attorney and sworn into office in 2017. Immediately thereafter, she made PSN a priority, becoming the driving force behind creating Northeast Florida’s first Crime Gun Intelligence Center (CGIC) and working to secure city funding for the CGIC. The Center was later constructed in her office, and officially opened on May 21, 2019. State Attorney Nelson worked closely with the Jacksonville Sheriff's Office (JSO) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to secure officers and agents to fully staff the CGIC. In addition, she has assigned some of the Fourth Circuit’s most experienced prosecutors to work with the CGIC team, welcomed prosecutors from the U.S. Attorney’s Office (MDFL), and has helped foster a great working relationship among all participating agencies. Because of her dedication and leadership, she was named to ATF's National Crime Gun Intelligence Board. 

Prior to the CGIC opening, assistant state attorneys accompanied JSO officers to Denver, Colorado to learn about other successful PSN operations and how to incorporate best practices into the newly formed Jacksonville CGIC. As part of the overall effort, State Attorney Nelson helped to secure additional funding for National Integrated Ballistic Information Network (NIBIN) machines to ensure that recovered shell casings from shooting scenes are processed within 48 hours. Housed within JSO, two NIBIN machines and a full-time ballistics expert help accomplish this task. This integration of interagency coordination, cooperation, and technology has resulted in the successful prosecution of numerous state and federal violent crime cases.

To further complement PSN’s comprehensive strategy, State Attorney Nelson completely re-structured the juvenile division within her office to better serve the community and established a program to provide at least one prosecutor to every middle and high school in Duval County. Through this program, prosecutors regularly meet with students to improve relationships between the community, prosecutors, and law enforcement. In addition, as part of the MDFL’s federal Intensive Re-entry Program, assistant state attorneys are involved in the district’s re-entry efforts through the Jacksonville Re-entry Center (JREC).

Revitalized in 2017, PSN is a critical piece of the Department’s crime reduction efforts. PSN has focused on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

 

Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Patrick Howard Woodyard (29, St. Augustine) to 15 years and 8 months in federal prison, followed by a life term of supervised release, for distributing child sexual abuse materials. On March 4, 2020, Patrick Woodyard and his twin brother, Nicholas Woodyard, were charged by indictment with distribution, receipt, and possession of images and videos depicting children being sexually abused.

Patrick Woodyard had pleaded guilty on August 28, 2020. Nicholas Woodyard is currently scheduled for trial in February 2021.     

According to court documents, Homeland Security Investigations began investigating the upload of an image of child pornography that had been distributed from the Woodyard brothers’ residence. Agents executed a search warrant and seized electronic devices that contained hundreds of files of child pornography, including images of the sexual assault of a child approximately two years old. A forensic examination of the devices also revealed Patrick Woodyard’s efforts to secretly record his family members in the nude and his attempts and desires to engage in incest. Records showed that Patrick Woodyard obtained images of his friends’ children and associates from their social media accounts. He then provided those photos to others for the purposes of creating graphic sexual fantasies of the rape and torture of the children.

"For years, this individual preyed on the innocence of our most vulnerable population to satisfy his sick and demented desires,” said Homeland Security Investigations (HSI) Jacksonville, Assistant Special Agent in Charge K. Jim Phillips. "With today's sentencing we have removed him from the community and sent a resounding message that HSI is committed to working with our law enforcement partners to aggressively investigate and prosecute anyone who seeks to exploit our nation's children."

This case was investigated by Homeland Security Investigations, with assistance from the St. Johns County Sheriff’s Office and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.

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.

Orlando, Florida – Jacob Luis Bonilla-Rivera (27, Kissimmee) today pleaded guilty to conspiracy to possess with the intent to distribute cocaine and possession of a firearm in furtherance of that drug conspiracy. He faces a minimum mandatory sentence of 15 years, up to life, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, beginning on September 11, 2020, Bonilla-Rivera engaged in a series of phone calls with individuals who he believed to be cocaine dealers but who were, in fact, undercover agents working on behalf of Homeland Security Investigations (HSI). These discussions culminated in an agreement for Bonilla-Rivera to purchase 20 kilograms of cocaine in Orlando. On September 16, 2020, HSI agents met with Bonilla-Rivera and a conspirator, Juan Omar Rodriguez, Jr. They showed the agents $600,000 in cash that they had transported in a hidden compartment in one of their vehicles. The agents then brought Bonilla-Rivera and Rodriguez to the 20 kilograms of cocaine they had arranged to purchase. After inspecting the cocaine, Bonilla-Rivera and Rodriguez returned to their car to retrieve the cash from the hidden compartment and were arrested. Upon searching both vehicles, agents discovered that both Bonilla-Rivera and Rodriguez had loaded firearms, along with a total of $639,325 in cash. 

Juan Omar Rodriguez, Jr. is currently scheduled for trial in January 2021.

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 Homeland Security Investigations, with assistance from Seminole County Sherriff’s Office. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Elvis Harold Reyes (56, Brandon) today pleaded guilty to mail fraud and aggravated identity theft in connection with a scheme where he posed as an immigration attorney and filed hundreds of fraudulent asylum applications. Reyes faces a maximum penalty of 20 years in federal prison for the mail fraud offense and a mandatory consecutive 2 years’ imprisonment for the aggravated identity theft offense. A sentencing date has not yet been set.

According to court documents, Reyes, who owned and operated EHR Ministries Inc., portrayed himself as an immigration attorney. Reyes is not and has never been a licensed attorney. Reyes targeted undocumented immigrants from Spanish-speaking countries who were seeking Florida driver licenses and work authorizations. Reyes gave false, inaccurate, and incomplete legal and immigration advice to victims in order to induce them to retain his services and those of EHR Ministries.

Victims retained and paid Reyes to represent them in immigration-related matters before U.S. Citizenship and Immigration Services (USCIS) and other agencies. Reyes filed fraudulent immigration applications in the victims’ names, seeking asylum relief and withholding-of-removal protections provided for under the United Nations Convention Against Torture. In doing so, Reyes falsified answers to questions in the asylum applications—fabricating stories about threats, persecution, and the applicants’ fear of returning to their native countries. Reyes did not inform the victims of the answers that he had provided on their behalf. He also did not inform the victims about the legal, administrative, and other immigration-related consequences that might follow from filing for asylum relief or for Convention Against Torture protection. 

Reyes filed more than 215 fraudulent applications, with intended losses to victims exceeding $1 million. Any person who was, or knows of someone who may have been, a possible victim is urged to contact the Homeland Security Investigations, at 1-866-DHS-2ICE or http://www.ice.gov/webform/hsi-tip-form.

This case was investigated by Homeland Security Investigations, the U.S. Citizenship and Immigration Service, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Frank Murray.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Arthur Jay Traxler, Jr. (55, Michigan) with one count of attempted online enticement of a minor to engage in sexual activity and one count of attempted production of child sexual exploitation materials. If convicted, Traxler faces a minimum mandatory term of 25 years, and up to life, in federal prison. Traxler was arrested on November 9, 2020, in Monroe, Michigan and was ordered detained pending trial.   

According to the indictment, between July 21 and August 4, 2020, Traxler attempted to entice an individual, whom he believed was under the age of 18, to engage in sexual activity. Traxler also attempted to entice a minor to engage to produce child exploitation materials during this same time period.

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 Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ashley Washington.

It 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 – U.S. District Judge Virginia M. Hernandez Covington has sentenced Jose Luis Sanchez-Lule (age 37) to five years in federal prison for possession of a firearm by an illegal alien, and for illegal reentry into the United States after deportation. The court also ordered Sanchez-Lule to forfeit a firearm and ammunition.

Sanchez-Lule had pleaded guilty on September 3, 2020.

According to court documents, Sanchez-Lule assaulted a family as they were driving home from a trip to Cape Canaveral. On April 10, 2019, a man and woman took their 14-year-old son to Cape Canaveral for a rocket launch. After the launch was cancelled, the family began driving back to their home in Ft. Myers. At approximately midnight, the family stopped at a convenience store in Zolfo Springs and then resumed driving south on Highway 17. A few miles later, they saw a black SUV stopped on the shoulder on the opposite side of the road. When they passed it, the black SUV turned on its lights, made a U-turn, and began tailgating the family’s car with bright lights shining from the black SUV’s front grille. Thinking the black SUV could be a police vehicle, the family initially slowed down, but the SUV continued to drive aggressively near them. Realizing it was not a police car, the family made a U-turn back towards Zolfo Springs and called 911. The black SUV made a U-turn and followed them. After unsuccessfully trying to block the family’s vehicle, Sanchez-Lule pulled his SUV alongside the family’s car, lowered his window, and pointed a firearm at them. The family continued to drive at a high rate of speed into the city limits of Zolfo Springs. As they approached town, Sanchez-Lule slowed his SUV.

Deputies from the Hardee County Sheriff’s Office responded to the 911 call and saw the family’s car approaching town with the SUV following them. The deputies stopped the SUV and removed Sanchez-Lule, who was the only occupant in the vehicle. The deputies searched the SUV and found a rifle positioned where it was readily accessible to the driver, along with a box of ammunition. They also found a spent shell casing inside the SUV.

Sanchez-Lule is a citizen of Mexico. After being deported from the United States in 2012, he reentered the country without the consent of the Attorney General or the Secretary for the Department of Homeland Security.   

“Removing dangerous criminal aliens like this from our communities is at the core of the mission for ICE’s Enforcement and Removal Operations (ERO),” said Miami ERO Field Office Director Michael Meade. “Thanks to an integrated law enforcement response, he will now be held accountable for his actions.”

“This case is an example of law enforcement partners working together with the goal of making our communities safer and HSI is proud to be part of this investigative effort,” said HSI Tampa Assistant Special Agent in Charge Michael Cochran.

This case was investigated by U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations and Enforcement and Removal Operations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Hardee County Sheriff’s Office, and the Wauchula Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.

Tampa, Florida– Senior U.S. District Judge John Antoon II today sentenced Michael Bernard Lawson (38, Sarasota) to 10 years in federal prison for distributing cocaine base (“crack cocaine”) and possessing a firearm as a convicted felon. The court also ordered Lawson to forfeit the firearms.

Lawson had pleaded guilty on November 27, 2019.

According to court documents and information presented during the sentencing hearing, on May 23, 2018, Lawson began serving a two-year term of community control after serving five years in state prison for aggravated assault on a law enforcement officer with a firearm. In April 2019, Lawson sold crack cocaine to a confidential informant and undercover law enforcement officer on four occasions over a 16-day period. Lawson also sold the undercover officer two firearms during two of the drug transactions. One of those firearms was a short-barreled shotgun.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Eric Lee Robinson, Jr. (29, Tampa) to 28 years in federal prison for conducting a string of armed robberies of convenience stores and a restaurant over a three-week period in Tampa. On March 7, 2019, Robinson had pleaded guilty to four counts of brandishing a firearm during and in relation to a crime of violence.

According to court documents and information presented during the sentencing hearing, Robinson robbed a Circle-K store on May 23, 2018; attempted to rob a Hungry Howie’s pizza store on June 4, 2018; robbed a 7-Eleven convenience store and a Sunoco gas station on June 4, 2018; robbed a Sunoco gas station on June 5, 2018; and robbed a 7-Eleven convenience store on June 15, 2018. During each of the robberies, Robinson burst into the business wearing a ski mask, gloves, and head-to-toe black clothing. He also brandished a gun, threatened to hurt or kill the store employees, and demanded that the employees give him the money from the safes and cash registers. Across the five armed robberies, Robinson stole a total of $881 and multiple batches of lottery tickets. He was arrested a few hours after the June 15, 2018, robbery of the 7-Eleven convenience store.

During each of the robberies, Robinson was joined inside the business by a co-conspirator, and was often aided by a waiting getaway driver. One of Robinson’s alleged co-conspirators, Ishmell Upshaw, has been charged and is set for trial in January 2021.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Hillsborough County Sheriff’s Office and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Michael M. Gordon.

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 Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Orlando, Florida – A federal jury has found Jerimiah Swanson (22, Cocoa) guilty of conspiracy to possess with the intent to distribute more than 40 grams of fentanyl. Swanson faces a minimum mandatory penalty of 5 years, and up to 40 years, in federal prison. His sentencing hearing is scheduled for March 9, 2021.   

Swanson had been indicted on March 18, 2020. 

According to testimony and evidence presented at trial, beginning no later than November 2019 and continuing through February 2020, Swanson and a co-defendant agreed to sell heroin that turned out to be the more potent opioid, fentanyl. A confidential informant working for the Drug Enforcement Administration made six recorded purchases, totaling over 150 grams of fentanyl, outside Swanson’s home in Cocoa. In February 2020, law enforcement executed a search of Swanson’s home and recovered baggies, digital scales covered with fentanyl and cocaine, and firearms from Swanson’s bedroom.

This case was investigated by the Drug Enforcement Administration, with assistance from the Federal Bureau of Investigation, the Florida Highway Patrol, and the Titusville Police Department. It is being prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.

Jacksonville, Florida – Columbus Donavan Jeffrey (43, Jacksonville) has pleaded guilty to two counts of producing images depicting himself as he sexually abused a child. Jeffrey faces an aggregate mandatory minimum penalty of 15 years, and up to 60 years, in federal prison and a potential life term of supervised release. Jeffrey was arrested on October 3, 2019, and remains in custody. A sentencing date has not yet been scheduled. 

According to court documents, the National Center for Missing and Exploited Children (NCMEC) received information from a company that hosts an online social messaging application (app). Specifically, on May 3, 2019, a user named “hideme1977,” subsequently identified as Jeffrey, had uploaded several pornographic images using this app. These photos were taken by Jeffrey showing him sexually abusing an 11-year-old child. On October 3, 2019, detectives from the Jacksonville Sheriff’s Office (JSO) and other officers executed a search warrant at Jeffrey’s residence in Jacksonville. When interviewed, Jeffrey admitted that he had used the “hideme1977” username on the app. He also identified himself and the child as depicted in one of the photos that Jeffrey had uploaded to the app on May 3, 2019. JSO detectives were able to locate the child shown in the photos. During an interview, the child disclosed that Jeffrey had sexually abused the child on at least three separate occasions and had taken pictures of this sexual abuse during two of these incidents.

A forensic examination of Jeffrey’s cellphone revealed that it contained 635 images and 57 videos depicting the sexual abuse of minors, including other photos taken by Jeffrey in which he is shown sexually abusing the same child on several occasions in Jeffrey’s residence.  

This case was investigated by the Jacksonville Sheriff’s Office, the National Center for Missing and Exploited Children, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys D. Rodney Brown and Kelly S. Karase.

It 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.

Ocala, Florida – Miller Wilson, Jr. (50, Sparr), his daughter, Myoshi Wilson (26, Citra), and his ex-wife, Erica Wilson (43, Ocala) were sentenced today by Senior United States District Judge James D. Whittemore for their roles in a scheme to defraud the U.S. Department of Veterans Affairs health care benefits. Each had previously pleaded guilty.

Miller Wilson, Jr. was sentenced to 18 months in federal prison for conspiracy to commit health care fraud and wire fraud and solicitation and receipt of a health care kickback.

Erica Wilson was sentenced to 5 years’ probation for conspiracy to commit health care fraud and wire fraud.

Myoshi Wilson was re-sentenced to 6 months’ imprisonment, followed by 30 months of supervised release, including 6 months’ home confinement, for a violation of probation. Myoshi Wilson had previously been sentenced to 5 years’ probation for making false statements to law enforcement. She was arrested on a violation of that probationary sentence on November 4, 2020.

According to court documents, Miller Wilson, Jr. was an employee at the Department of Veterans Affairs (“VA”) Clinic located in The Villages. As part of his employment, he provided transportation arrangements for veterans needing medical treatment. From 2014 through 2016, Miller Wilson, Jr. obtained cash kickbacks from the transportation vendors in exchange for awarding them health care contracts from the VA. Thereafter, from 2016-2017, Miller Wilson, Jr. conspired with Erica and Myoshi Wilson to open and manage two different transportation companies to conduct similar schemes. Miller Wilson, Jr. used his official position at the VA to funnel health care contracts to the companies that he had formed with Erica and Myoshi Wilson. During a 17-month period, the two companies billed the federal government $305,673. Myoshi Wilson admitted to making false statements to a federal agent in 2019, to conceal the conspiracy.

“VA employees are public servants with a solemn duty to care for our nation’s veterans,” said David Spilker, Special Agent in Charge of the VA OIG’s Southeast Field Office. “The sentencing of these three defendants demonstrates the VA OIG’s commitment to holding accountable anyone who abuses their position to enrich themselves. The VA OIG thanks the U.S. Attorney’s Office for its strong partnership in sending a clear message that VA employees will be held to the highest ethical standards, which preserves the public trust in VA.”

This case was investigated by the Department of Veterans Affairs – Office of Inspector General. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Jesmarilys Montesinos (22, Orlando) to one year in federal prison for making false statements relating to firearms purchases. On October 8, 2020, her co-defendant, Steven Usma (22, Orlando), was sentenced to three years and one month in federal prison for aiding and abetting the making of false statements relating to firearms purchases. Both had pleaded guilty earlier this year.    

According to court documents, in February 2018, Usma and Montesinos traveled together from Orlando to Fort Myers to attend a gun show. At the gun show, Montesinos purchased 12 rifles for Usma, at Usma’s request, after Usma had failed a background check when he attempted to buy firearms. At the time, Usma was prohibited from purchasing or possessing firearms under Florida state law. In connection with her firearms purchases, Montesinos twice falsely certified that she was buying the rifles for herself, when she knew she was actually purchasing the firearms for Usma.        

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Simon R. Eth.           

Orlando, Florida – U.S. District Judge Carlos Mendoza has sentenced Nelson Pablo Yester-Garrido a/k/a Nelson “Tony” Yester (63, Cuba) to five years in federal prison for conspiracy to distribute a large amount of high-grade marijuana in the Middle District of Florida. Yester-Garrido had pleaded guilty on August 11, 2020.

According to court documents, from the late 1980s through early 1997, Yester-Garrido was part of a group involved in importing kilogram amounts of cocaine and other narcotics into the United States, including by negotiating the purchase of a Russian diesel submarine for Colombian drug suppliers. Around 1997, Yester-Garrido fled to South Africa to escape prosecution related to charges filed in the Southern District of Florida (which have since been dismissed).

Between December 2014 and continuing through February 25, 2015, Yester-Garrido conspired with Andrew Cassara, Juan Almeida, and others, both known and unknown, to possess with the intent to distribute a large amount of marijuana in the Middle District of Florida. Yester-Garrido’s specific role in the drug trafficking conspiracy was to assist, from South Africa, in trying to collect a $250,000 debt that was owed to co-conspirators by a Dominican drug-trafficking group. Almeida and Cassara had traveled to South Africa in December 2014 to meet with Yester-Garrido and seek his assistance with the drug debt after $250,000 worth of high-grade marijuana was stolen from co-conspirators. Cassara testified during the sentencing hearing that he had made $25 million dollars from trafficking in marijuana and that he had supplied firearms to assist in the collection of the drug debt. 

In January 2015, the DEA began investigating the conspiracy, and in January 2017, an indictment was returned in the Middle District of Florida charging three of Yester-Garrido’s co-conspirators, Almeida, Cassara, and Wade Jones, Jr. (Each of three was adjudicated guilty and sentenced in 2018.)

In October 2017, Yester-Garrido himself was indicted on drug and gun charges. In November 2017, based upon a provisional arrest warrant requested by the U.S. government, Italian authorities apprehended Yester-Garrido at the Fiumicino Airport in Rome, Italy. In July 2019, the Italian judicial authorities and the Ministry of Justice granted the request for Yester Garrido’s extradition to the United States.

This case was investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation, with assistance from the South African Police Service Directorate for Priority Crime Investigations. The Justice Department’s Office of International Affairs and the Italian prosecutorial and law enforcement authorities provided significant assistance in securing the defendant’s extradition from Italy. The U.S. Marshals Service also provided critical assistance in the extradition to the Middle District of Florida. This case was prosecuted by Assistant United States Attorney E. Jackson Boggs, Jr.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Jeffrey L. Davis (22, Tampa) and Tyee Spike II (18, Tampa) with participating in ten armed robberies that occurred in Tampa, Fishhawk, and Riverview between October 13 and October 19, 2020. Davis and Spike are jointly charged with nine counts of committing robbery, nine counts of using a firearm in furtherance of robbery, and one count of possessing a firearm and ammunition after being convicted of a felony. Spike is charged with an additional robbery, and with discharging his weapon during that robbery. If convicted on all counts, Davis faces a mandatory minimum penalty of 63 years, and up to life, in federal prison. Spike faces a mandatory minimum penalty of 88 years, and up to life, in federal prison.

Davis made his first appearance in federal court today. Spike is still in state custody.

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 also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Natalie Hirt Adams.

Tampa, Florida – United States District Judge Susan C. Bucklew has sentenced Adan Barajas Maldonado (35, Mexico) to 25 years in prison for conspiring to distribute controlled substances and for possessing a gun to further his drug trafficking enterprise. Maldonado had pleaded guilty on October 30, 2019.

United States District Judge Charlene E. Honeywell has sentenced Edwar Rodriguez (32, New York), one of Maldonado’s assistants, to 11 years and 3 months in prison for his role in the same drug distribution conspiracy. Rodriguez had pleaded guilty on August 27, 2020.

According to information presented in court, Maldonado and his co-defendant, Juan Carlos Arias Castillo, who are affiliated with a Mexican drug cartel, operated a regional drug trafficking organization (DTO) based in Spring Hill, Florida. Each week, over multiple years, they distributed more than 20 kilograms of highly pure methamphetamine, as well as smaller amounts of other drugs, to their network of kilogram-level dealers. The dealers, in turn, sold the drugs to lower-level suppliers.

Maldonado and Castillo lived together and operated their DTO from a non-descript suburban home and employed several couriers/assistants, including Rodriguez, who picked up drugs in Texas, after they had been smuggled into the country from Mexico. They then drove the drugs to Florida, delivered them to Maldonado and Castillo’s biggest customers, collected payments, wired drug profits to Mexico, and recruited others to wire money as well to evade law enforcement.

On April 23, 2019, law enforcement officers surveilling Maldonado and Castillo’s residence observed them appearing to receive a drug delivery. They then executed a search warrant on the home. Inside they found, among other items, 29.5 pounds (over 13 kilograms) of liquid pure methamphetamine, 380 grams of powdered methamphetamine, 145 grams of cocaine, two guns, ammunition, a drug ledger, and evidence revealing how the drugs were smuggled over the border in car tires.

Castillo has pleaded guilty for his role in the conspiracy and is scheduled to be sentenced on December 8, 2020. Two other defendants, Christian and Victor Santiago Rondon, have pleaded guilty and are scheduled to be sentenced in January 2021. One of Maldonado and Castillo’s biggest customers, Jorge Ramirez, has pleaded guilty and is due to be sentenced in February 2021.

This case was investigated by the Drug Enforcement Administration, the Hernando County Sheriff’s Office, and the Pasco Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney Michael M. Gordon.

Fort Myers, Florida – U.S. District Judge John L. Badalamenti has sentenced Nestly Jean a/k/a “Baby Zoe” (28, Lehigh Acres) to seven years in federal prison for distributing controlled substances. He had pleaded guilty on January 14, 2020. Jean is a documented member of the “Zoe Pound” street gang by the Lee County Sheriff’s Office.

According to court documents, in the spring of 2019, law enforcement purchased crack cocaine, powder cocaine, methamphetamine, and fentanyl from Jean over the course of four undercover deals, each occurring at a residence in the Palmona Park neighborhood of North Fort Myers. During one of the transactions, Jean cooked powder cocaine into crack cocaine in front of law enforcement before selling it to them. Although Jean sold his drugs in Palmona Park, law enforcement determined that he lived in Lehigh Acres. On May 9, 2019, during a search of Jean’s home, Jean was found to be in possession of more than $18,000 in cash, an AK-47 firearm, and a large stash of drugs.

This case was investigated by the Lee County Sheriff’s Office, with assistance from the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Michael V. Leeman.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging Howard D. Farley, Jr. (72, Weirsdale) with passport fraud. Farley was arrested on December 2, 2020. If convicted, he faces a maximum penalty of 10 years in federal prison.

According to the complaint, in or around February 2020, Farley submitted a passport application using the name, date of birth, and Social Security number of an individual who had died as an infant in 1955. When applying for this passport, Farley failed to disclose his true identity.

In 1985, Farley, along with 73 others, was indicted by a federal grand jury in the District of Nebraska and charged with a narcotics conspiracy. Farley was alleged to be the “drug kingpin” of the Southern Line, a railroad line that was used by the drug dealers to distribute narcotics throughout the United States. Records show that Farley was the only defendant not apprehended in the case, and that he instead assumed the identity of the deceased individual in 1985, and remained a fugitive for more than 35 years.

On December 2, 2020, Farley was arrested at his home on a federal warrant for this complaint under the name “John Doe.” A fingerprint comparison confirmed that he was Howard D. Farley, Jr., the same person wanted in Nebraska since 1985. At the time of his arrest, Farley was attempting to board his private aircraft in the hangar at his home, which he flew using a fraudulent pilot’s license in the name of deceased individual. During the execution of a search warrant, authorities recovered a firearm from inside Farley’s home. Farley was convicted in 1970 of burglary in Nebraska state court.

A criminal complaint is only an allegation and every defendant is presumed innocent until proven guilty.

This case is being investigated by the U.S. Department of State’s Diplomatic Security Service, the Department of Transportation - Office of Inspector General, the Social Security - Administration Office of the Inspector General, and with support from the Ocala Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Homeland Security, the Florida Highway Patrol, and the Marion County Sheriff's Office. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.       

Fort Myers, Florida – U.S. District Judge John L. Badalamenti today sentenced Justin Patrick Obert (32, Fort Myers) to three months in federal prison, followed by three years of supervised release, for communicating a false distress message to the Coast Guard. The court also ordered Obert to pay $13,414.78 to the Coast Guard for costs associated with their search and rescue response. 

Obert had pleaded guilty on August 21, 2020.

According to court documents, on the evening of September 9, 2019, Obert drunkenly discharged two red distress flares from a vessel near Fort Myers Beach, triggering an emergency search and rescue operation by the United States Coast Guard, Fort Myers Beach Fire Rescue, and the Florida Fish and Wildlife Commission. Ultimately, an intoxicated Obert was determined to be the person who had discharged the emergency flares, which he did when no emergency assistance was actually needed, causing the unnecessary diversion of search and rescue personnel from multiple agencies.

“Hoax calls put the public at risk,” said Capt. Matt Thompson, Coast Guard Sector St. Petersburg Commander. “Mariners on the water rely and count on Coast Guard assets and personnel to be ready and able to respond when they are in distress. Hoax calls can redirect critical rescue capabilities and put lives at risk in the dangerous maritime domain.”

This case was investigated by the Coast Guard Investigative Service, the Florida Fish and Wildlife Commission, and the Collier County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Simon R. Eth.  

Tampa, Florida – U.S. District Judge Steven Merryday has sentenced Tom Wynne (65, Pinellas Park) to 33 months in federal prison, followed by 36 months of supervised release, for one count of conspiracy to commit tax evasion, one count of tax evasion, and seven counts of money laundering. The court also ordered Wynne to forfeit two real properties, which are traceable to proceeds of the offense. In addition, he was ordered to repay the Internal Revenue Service $359,209, and pay a fine of $150,000. 

Wynne had pleaded guilty on February 4, 2020.

According to court documents, Wynne owned and operated Pain and Wellness Clinic (“PWC”), a pain management clinic in Pinellas County. He hired medical doctors to prescribe for patients large quantities of Schedule II controlled substances, like oxycodone and hydromorphone, outside the usual course of professional practice. Wynne used the illegal proceeds generated from PWC to purchase real property in the Tampa Bay area.

For each tax year, beginning in 2014 and continuing through tax year 2017, Wynne underreported PWC’s gross receipts on his tax filings. He also conspired and agreed with PWC physicians to defraud the IRS by creating and preparing, among other false and fraudulent tax-related documents, false and fraudulent IRS Forms 1099 to pay the clinic’s two doctors. 

“Abuse of prescription painkillers is truly a modern-day plague on society, and any health care provider who would support that activity violates their oath to do no harm,” stated Special in Charge Brian Payne of Internal Revenue Service - Criminal Investigation. “Moreover, most of us were taught at a young age that lying makes whatever wrong we did even worse. As if procuring and distributing prescription painkillers were not bad enough, Mr. Wynne brazenly took his crimes a step further when he tried to cover up his ill-gotten gains by lying on his taxes.”

This case was investigated by the Drug Enforcement Administration—Tampa District Office, the Internal Revenue Service—Criminal Investigation, and the Opioid Fraud and Abuse Detection Unit. The Opioid Fraud and Abuse Detection Unit was created by the Department of Justice to help combat the devastating opioid crisis. The Opioid Fraud and Abuse Detection Unit focuses specifically on opioid-related health care fraud, using data to identify and prosecute individuals contributing to the prescription opioid epidemic. It was prosecuted by Assistant United States Attorneys Greg Pizzo and Kelley Howard-Allen. The forfeiture was handled by Assistant United States Attorney Suzanne Nebesky.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Larry Bouknight (34, Jacksonville) to 20 years in federal prison for distributing a controlled substance that resulted in death.

Bouknight had pleaded guilty on July 14, 2020.

According to court documents, on September 6, 2018, Bouknight sold a Jacksonville woman and her friend a controlled substance that they believed to be heroin, but actually contained fentanyl. After the friend had ingested the narcotic, a relative found her dead in her home later that day. The Jacksonville Medical Examiner’s office subsequently determined that the victim’s cause of death was fentanyl toxicity.

This case was investigated by the Jacksonville Sheriff’s Office in coordination with the State Attorney’s Office for the 4th Judicial Circuit and the U.S. Attorney’s Office. The case was prosecuted by Assistant United States Attorney Julie Hackenberry.

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Jose Martin Sanchez, a/k/a Jorge Sanchez (49, Winter Garden), a Mexican national, to a total of eight years in federal prison for using a telephone to facilitate a drug felony, false representation of a Social Security number (SSN), and aggravated identity theft. After completing his sentence, he is expected to be removed to Mexico.

Sanchez had pleaded guilty to the charges on September 4, 2020. 

According to his plea agreement, Brevard County Sheriff’s Office deputies encountered Sanchez at about 2:30 a.m. on October 8, 2019, while they were conducting surveillance on a residence that was related to an ongoing methamphetamine trafficking investigation. Drug Enforcement Administration agents later questioned Sanchez about his identity and the events of those early morning hours, and Sanchez admitted that he had agreed, over the telephone, to pick up approximately seven ounces of “crystal” methamphetamine at a gas station and deliver an ounce to the residence in Rockledge. Sanchez also admitted that he had been using his brother’s name for years and said that he was a citizen of Mexico and did not have a SSN. Agents from the Social Security Administration – Office of the Inspector General later confirmed that Sanchez had used his brother’s identity to obtain a Florida drivers license as early as 2008 and used his brother’s valid SSN to renew that license on March 6, 2017. Agents also found that Sanchez had been convicted of drug trafficking in California and Washington, had served prison sentences related to those convictions, and had served a term of supervised release in Florida, all in his brother’s name.

This case was investigated by the Drug Enforcement Administration and the Social Security Administration – Office of Investigations of the Office of the Inspector General, with assistance from the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney E. Jackson Boggs, Jr.

WASHINGTON – Doctor’s Choice Home Care, Inc. and its former executives, Timothy Beach and Stuart Christensen, have agreed to pay $5.15 million to resolve allegations that the home health agency provided improper financial inducements to referring physicians through sham medical director agreements and bonuses to physicians’ spouses who were Doctor’s Choice employees, the Department of Justice announced today. Doctor’s Choice will pay $3,856,000 to settle these allegations and Beach and Christensen will each pay $647,000. Doctor’s Choice will pay an additional $675,000 to resolve separate allegations that employees pressured clinical personnel to increase the number of home visits for Medicare patients to avoid the Medicare Low Utilization Payment Adjustment that would have decreased the reimbursement Doctor’s Choice received from Medicare in the absence of these unnecessary services.

Doctor’s Choice is a home health agency based in Sarasota, Florida, with branches throughout the state. Timothy Beach and Stuart Christensen founded Doctor’s Choice and formerly served as its top executives. 

“The Department of Justice will continue to hold companies and individuals accountable for the payment of illegal remuneration in any form,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “Improper inducements have no place in our federal healthcare system, which relies on healthcare providers making decisions based on the healthcare needs of their patients rather than their personal financial interests.” 

“Here in the Middle District of Florida we are committed to ensuring that financial motivations do not corrupt medical decision making, whether in home health care or other areas of medicine,” said U.S. Attorney Chapa Lopez. “Through enforcement of statutes prohibiting illegal kickbacks or improper financial arrangements with referring physicians, this Office will continue to ensure that medical decisions are not compromised.”

“Operating an illegal referral scheme and providing medically unnecessary services places patients at risk and jeopardizes millions of taxpayer dollars,” said Special Agent in Charge of the FBI Tampa Division Michael McPherson. “This settlement highlights the FBI’s commitment to protect the integrity of the federally funded healthcare system.”

The Anti-Kickback Statute prohibits the offering or payment of remuneration to induce or reward referrals for services paid for by federal healthcare programs. The Stark Law forbids certain medical providers, including home health agencies, from submitting claims to Medicare for services provided to patients who were referred by a physician with whom the provider has a prohibited financial relationship, unless that relationship falls within an applicable exception.

This settlement resolves allegations that Doctor’s Choice, Beach, and Christensen violated the Anti-Kickback Statute and the Stark Law by entering into sham medical director agreements with physicians as a means of providing remuneration for referrals, and also violated the Stark Law by providing bonuses to employees based on referrals to Doctor’s Choice by the employees’ physician spouses. In addition, the agreement resolves allegations that Doctor’s Choice provided unnecessary services to Medicare patients in order to increase the number of skilled service visits provided during a home health episode to avoid the Low Utilization Payment Adjustment which otherwise would have decreased Doctor’s Choice Medicare reimbursement.  This adjustment is triggered when a home health patient has a treatment episode consisting of less than five skilled service visits and results in the provider receiving a standardized per visit payment rather than the higher payment for a full home health episode. 

The allegations resolved in this settlement were originally brought in two lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act; one case was filed by Corina Herbold and the second case was filed by Sara Billings, Misty Sykes, and Marina Eschoyez-Quiroga, all of whom are former employees of Doctor’s Choice. The Act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery.  Ms. Billings, Ms. Sykes, and Ms. Eschoyez-Quiroga will jointly receive a share of approximately $145,000 arising from the Government’s recovery for the Low Utilization Payment Adjustment allegations. Ms. Herbold’s share has not yet been determined.

The government’s intervention in these matters illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the United States Attorney’s Office for the Middle District of Florida, the Office of Inspector General of the Department of Health and Human Services, and the Federal Bureau of Investigation. This case was handled by Assistant U.S. Attorney Charles Harden in the Middle District of Florida.

The cases are captioned United States ex rel. Herbold v. Doctor’s Choice Home Care Inc., et al., No. 8:15- cv-01044 (M.D. Fla.) and United States ex rel. Billings, Sykes, and Eschoyez-Quiroga v. Doctor’s Choice Home Care Inc., No. 8:16-cv-3112 (M.D. Fla.).

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

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Joshua Maywalt (40, Tampa) with 4 counts of health care fraud and 4 counts of aggravated identity theft. Maywalt faces a maximum penalty of 10 years in federal prison for each of the health care fraud counts, and up to 2 years’ imprisonment for the aggravated identity count. The indictment also notifies Maywalt that the United States intends to forfeit $2.2 million dollars and real property located at 5346 Northdale Boulevard, Tampa, Florida, alleged to be traceable to proceeds of the offense.

According to the indictment, Maywalt was a medical biller at a local company that provided credentialing and medical billing services for its medical provider clients. In that capacity, Maywalt was able to access and utilize the company’s financial, medical provider, and patient information. Maywalt was assigned to a Tampa Bay-area physician’s account (“Physician #1”) and was responsible for submitting claims to Florida Medicaid HMOs for services rendered by Physician #1 to Medicaid recipients.

The indictment alleges that Maywalt abused his role as a medical biller by wrongfully accessing and utilizing the company’s patient information and Physician #1’s name and identification number to submit false and fraudulent claims to a Florida Medicaid HMO for the medical services purportedly rendered by Physician #1, which were not actually rendered. Maywalt also altered the “pay to” information associated with the Florida Medicaid HMOs’ payment processor so that the payments for the non-rendered medical services were sent to bank accounts under Maywalt’s control.

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 U.S. Department of Health and Human Services – Office of the Inspector General, the Federal Bureau of Investigation, the Florida Medicaid Fraud Control Unit – Office of the Florida Attorney General, and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorneys Maria Guzman and Suzanne Nebesky.

Jacksonville, Florida – Henry William Carabeo Boned (28, Miami) has pleaded guilty to conspiracy to commit wire fraud. Boned faces a maximum penalty of 20 years in federal prison and payment of restitution to victims of his crime. A sentencing date has not yet been set.

According to the plea agreement, in the early part of 2019, Boned and his co-defendants, Duani Garcia and Raiquel Monteagudo Torres used credit or debit cards re-encoded with stolen account numbers to purchase, among other things, phone cards and gift cards at Walmarts throughout the Clay County, Florida area. In February 2019, deputies with the Clay County Sheriff’s Office (CCSO) detained Boned and Torres at the self-checkout area of a Walmart while both individuals were in the process of attempting to complete a fraudulent transaction. Deputies detained Garcia as he walked out of the store. During a search of the three individuals, deputies located 40 gift and credit cards that had been re-encoded with stolen credit card information. Further investigation resulted in the seizure of computer media associated with the three individuals. A forensic examination of the computer media located an additional 253 stolen credit card account numbers.

On March 16, 2020, United States District Judge Brian J. Davis sentenced Garcia, to 12 months and 1 day in federal prison and payment of restitution to the victims. Co-defendant, Torres is a fugitive from law enforcement.

This case was investigated by United States Secret Service - Jacksonville Field Office and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

Jacksonville, Florida – Terrell Andre Mosely (40, Jacksonville) has pleaded guilty to theft of mail by a postal employee. Mosely faces a maximum penalty of five years in federal prison and payment of restitution to victims of his crime. A sentencing date has not yet been set.

According to court documents, in August 2019, the United States Postal Service – Office of Inspector General (USPS-OIG) began investigating customer complaints regarding stolen mail involving a postal route in Jacksonville, Florida. During follow up investigation, the USPS-OIG linked a stolen Target gift card to a phone number associated with Mosely. They also determined that Mosely worked on the postal route experiencing mail theft. USPS-OIG agents made contact with Mosely and spoke to him about his connection to the stolen Target gift card. Mosely confessed to stealing gift cards, including the Target gift card, from the mail. During a subsequent search of Mosely’s personal belongings and his car, agents recovered more than 230 pieces of stolen mail.  

The United States Postal Service - Office of Inspector General investigated this case. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

Ocala, Florida – Senior United States District Judge John Antoon II today sentenced Christopher Maurice McCallum, Jr. (28, Ocala) to 8 years in federal prison for possession of a firearm by a convicted felon. In addition, McCallum received a consecutive 2-year prison term on a related violation of supervision in another firearm case.

According to the plea agreement, on May 25, 2020, City of Ocala police officers responded to a shooting in a local neighborhood. The officers soon observed McCallum driving an automobile that was attempting to flee the area. McCallum was apprehended after a short pursuit, once he abandoned the automobile and tried to run on foot. In the driver-side floorboard of the automobile, officers recovered a stolen rifle loaded with ammunition. McCallum, a multi-convicted felon already on supervision for a federal weapons offense, is prohibited from possessing firearms or ammunition under the law.     

On June 6, 2020, officers again arrested McCallum on several outstanding federal warrants relating to this conduct. At the time of his arrest, McCallum had barricaded himself inside a rented apartment. A subsequent search of the apartment revealed two more loaded firearms—a stolen handgun and another rifle—along with illegal drugs and paraphernalia. This new criminal activity violated McCallum’s federal supervision from a 2014 conviction for the same charge—possession of a firearm affecting commerce by a convicted felon.

“A key component of ATF’s mission is reducing violent crime”, said ATF Special Agent in Charge Craig W. Saier, “ATF continues to aggressively pursue offenders related to firearms offenses and violent crime, and will continue to protect and serve our communities.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.