Middle District of Florida

Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Darryl Cleon Forbes (27, Jamaica) to five year and six months in federal prison for conspiracy to commit wire fraud. The court also ordered Forbes to forfeit $2.4 million, and pay $1,122,957 in restitution. 

Forbes had pleaded guilty on November 18, 2019. 

According to court documents, from early 2015 until December 2017, Forbes and others operated a fraudulent sweepstakes scheme in Jamaica, the Middle District of Florida, and elsewhere. Forbes and his co-conspirators, posing as government officials from the Federal Bureau of Investigation or the Department of Treasury, falsely informed victims in the United States that they had won a prize in a sweepstakes and had to send money via wire transfers or other methods to pay various fees and taxes necessary to retrieve their prize. Forbes and his co-conspirators often targeted victims who were elderly and more susceptible to fraud. After Forbes and his co-conspirators had successfully induced a victim to send money, they telephoned the victim again, repeatedly, to “reload” him or her, making further false and fraudulent misrepresentations in an effort to induce the victim to send more money. The conspirators would often tell the victims that they had to send additional fees and taxes to ensure the safe delivery of the prize. This practice would continue as long as the victim continued to send money. No victim of the conspiracy ever received a promised prize. Forbes and his co-conspirators kept all of the funds for their own personal benefit.

Forbes and his co-conspirators also recruited residents in the United States to open bank accounts to deposit and transfer the fraudulently obtained funds. To facilitate the scheme, Forbes and his co-conspirators obtained personal identifying information of victims and then transferred, or directed others to transfer, victim funds to co-conspirators in Jamaica and elsewhere for the purpose of making ATM withdrawals.

 This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Jay Taylor and Ashley Washington.

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Alfonso Lorenzo Boyd (36, Tampa) to 15 years and 8 months in federal prison and Victor Jason Valentin (28, Mulberry) to 3 years and 10 months in federal prison for conspiring to distribute heroin and fentanyl. Boyd and Valentin had pleaded guilty in October 2019. 

According to court documents, in November 2017, law enforcement began an investigation into narcotics trafficking at an apartment complex in Plant City, after a resident of the complex had died from a drug overdose. The investigation revealed that Boyd and Valentin had been selling drugs from an apartment they shared in the complex. Witnesses described seeing large numbers of people coming and going from their apartment, some of them clearly intoxicated. The overdose victim was a neighbor who had purchased heroin and fentanyl from Boyd and Valentin.

Boyd, a career offender, obtained, mixed, packaged, and sold the heroin and fentanyl, calling it “feny dope.” Valentin facilitated sales to residents of the apartment complex.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, and the Plant City Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Jason Cory (47, Jacksonville) with three counts of wire fraud and one count of money laundering. If convicted, he faces up to 20 years in federal prison for each count of wire fraud and up to 10 years’ imprisonment for the money laundering offense. The indictment also notifies Cory that the United States is seeking a money judgment of at least $558,701.40, the proceeds of the charged criminal conduct. 

According to the

indictment , Cory was the Chief Executive Officer of an information technology services company. From approximately March 2017 through March 2019, Cory embezzled $547,071.10 from the company by authorizing and directing wire transfers out of its corporate accounts to an entity named Gambit Matrix LLC (Gambit). Cory informed employees that Gambit had performed consulting services for the company, when in reality, Gambit was a shell company controlled by Cory. Cory also controlled the Gambit bank account into which the embezzled funds were transferred, and used them for his personal expenses, including the purchase of a Rolex watch costing $11,630.30. Cory attempted to conceal his embezzlement by lying to employees and board members about his control over Gambit, attempting to persuade people to portray fictitious owners of Gambit, creating social media profiles and email addresses for those fictitious owners, and falsifying documents to substantiate the fictitious work being performed by Gambit.

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 will be prosecuted by Assistant United States Attorney David B. Mesrobian.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an

indictment charging eight members of a drug trafficking organization with offenses related to the distribution of cocaine and heroin. (See chart for details).    

According to court records, this investigation targeted illegal drug traffickers operating an open-air drug market in the Robles Park Housing Community in Tampa. During the course of the investigation, law enforcement officers seized approximately 2.5 kilograms of cocaine and approximately $52,000.

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 investigation is the result of a partnership between the United States Attorney’s Office, the Drug Enforcement Administration, the Tampa Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Florida Highway Patrol, and the Lakeland Police Department. It will be prosecuted by the Assistant United States Attorney Callan L. Albritton.

This investigation is the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

 

SUMMARY CHART

Name

(Age, Residence)

Charges

Penalties

Darron Dexter Matthew McNeal

(30, Tampa)

Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine and 100g or more of heroin

 

Distribution of cocaine (3 counts)

Minimum mandatory term of 10 years, and up to life, in federal prison                                         

 

Up to 20 years in federal prison per count

Jose Angel Andujar, a/k/a “Zay”

(43, Orlando)

Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine

 

Possession of 500 g or more of cocaine with the intent to distribute

Minimum mandatory term of 15 years, and up to life, in federal prison

 

Minimum mandatory term of 5 years, and up to 40 years in federal prison

Tywon Jamarquise Spann

(24, Tampa)

Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine

 

Distribution of cocaine (3 counts)

Minimum mandatory term of 10 years, and up to life, in federal prison

 

Up to 20 years in federal prison per count

Antonio A. Diaz, Jr.

(29, Tampa)

Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine

 

Distribution of cocaine

Minimum mandatory term of 10 years, and up to life, in federal prison

 

Up to 20 years in federal prison

James Edward Moore, a/k/a “Doc”

(44, Tampa)

Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine

 

Distribution of cocaine (2 counts)

Minimum mandatory term of 10 years, and up to life, in federal prison

 

Up to 20 years in federal prison per count

Zarron Dexter McNeal

(56, Tampa)

Conspiracy to distribute and possess with intent to distribute 100 g or more of heroin

 

Distribution of fentanyl and heroin

Minimum mandatory term of 5 years, and up to 40 years, in federal prison

 

Up to 20 years in federal prison

Omar Rashada Bacon

(33, Tampa)

Conspiracy to distribute and possess with intent to distribute 100 g or more of heroin

Minimum mandatory term of 5 years, and up to 40 years, in federal prison

 

Juan Manuel Corrales

(30, Tampa)

Conspiracy to distribute and possess with intent to distribute 100 g or more of heroin

Minimum mandatory term of 5 years, and up to 40 years, in federal prison

 

 

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an

indictment charging Wilmer Rosales (22, Plant City), a/k/a “DoubleU,” and Joel Sierra (25, Plant City), a/k/a “Jojo,” with conspiring to traffic in controlled substances, conspiring to commit robbery, and robbery. The indictment charges Rosales with using a firearm and murdering an individual (G.U.) during the drug conspiracy, possessing a firearm and ammunition as a convicted felon, and possessing a firearm and ammunition in a school zone. If convicted on all counts, Rosales faces a maximum penalty of life in federal prison, or the death penalty. Sierra faces a maximum penalty of 45 years in federal prison.

According to court documents, Rosales and Sierra planned to rob G.U. Under the guise of making a drug purchase, Rosales and Sierra lured G.U. to a park located next to an elementary school, where armed co-conspirators waited nearby. Sierra then stole the drugs from G.U. and ran. When G.U. attempted to chase Sierra, Rosales shot G.U. repeatedly with an AK-47 from behind, and Rosales and Sierra left the scene. While others gathered around G.U., who lay bleeding, Rosales returned to the scene and again fired his AK-47 at G.U. Another person attempted to cover G.U.’s body with her own.

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 Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Natalie Hirt Adams.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. 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.       

 

Tampa, FL – The United States Department of Justice announced today that it has obtained a Temporary Restraining Order in federal court to combat fraud related to the coronavirus (COVID-19) pandemic.  The enforcement action, filed in Tampa, Florida, is part of the Justice Department’s ongoing efforts prioritizing the detection, investigation, and prosecution of illegal conduct related to the pandemic.  The action was brought based on an investigation conducted by United States Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), in coordination with the Vietnam Ministry of Public Security.

“The Department of Justice is committed to preventing fraudsters from exploiting this pandemic for personal gain,” said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division.  “We will use every resource at the government’s disposal to pursue scammers who are stealing money from citizens amidst the ongoing public health crisis.”

 “This action affirms our commitment to Attorney General Barr’s directive to prioritize fraud schemes arising out of the coronavirus pandemic,” said U.S. Attorney Maria Chapa Lopez of the Middle District of Florida.  “We will continue to aggressively investigate and shut down these scams that attempt to take advantage of our fellow American citizens, who are trying to keep their families safe and healthy during these very trying times.”

“Unfortunately the Global Pandemic has given criminals and criminal organizations a new opportunity to take advantage of our communities by targeting vulnerable populations through financial fraud schemes, the importation of counterfeit pharmaceuticals and medical supplies, and illicit websites defrauding consumers which continue to compromise legitimate trade and financial systems,” said HSI Tampa acting Special Agent in Charge Kevin Sibley. “Through our investigations under Operation Stolen Promise, HSI will continue to disrupt and dismantle these criminal networks as well as those who are exploiting the pandemic for their own financial gain.”

As detailed in the civil complaint and accompanying court papers filed on Monday, August 3, 2020, Defendants Thu Phan Dinh, Tran Khanh, and Nguyen Duy Toan, all residents of Vietnam, are alleged to have engaged in a wire fraud scheme seeking to profit from the COVID-19 pandemic.  According to the complaint, Defendants operated more than 300 websites that fraudulently purported to sell products that became scarce during the pandemic, including hand sanitizer and disinfectant wipes.  Thousands of victims in all fifty states attempted to purchase these items from Defendants’ websites.  Victims paid for items supposedly sold through the websites but never received the purchased products.  The complaint alleges that Defendants set up hundreds of email accounts and accounts with a U.S.-based payment processor to effectuate the scheme and keep it hidden from law enforcement.  Defendants are also alleged to have listed fraudulent contact addresses and phone numbers on the websites, causing unaffiliated individuals and businesses in the United States to receive numerous complaint calls from victims who had been defrauded by the scheme.  In response to the Department’s request for injunctive relief, U.S. District Judge Charlene Edwards Honeywell issued an emergency ex parte temporary restraining order requiring that the registrar and registries of Defendants’ fraudulent websites take immediate action to disable them.

The United States obtained the restraining order to shutter Defendants’ websites immediately while an investigation of Defendants’ scheme continues.  In so doing, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes.  In response to information provided by HSI, Vietnamese authorities have also conducted their own investigation and arrested the Defendants.

The Department of Justice recommends that Americans take the following precautionary measures to protect themselves from known and emerging scams related to COVID-19:

• Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.

• Check the websites and email addresses offering information, products, or services related to COVID-19.  Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating.  For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”

• Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes.  Legitimate health authorities will not contact the general public this way.

• Do not click on links or open email attachments from unknown or unverified sources.  Doing so could download a virus onto your computer or device.

• Make sure the anti-malware and anti-virus software on your computer is operating and up to date.

• Ignore offers from suspicious sources for a COVID-19 vaccine, cure, or treatment.  Remember, if a vaccine becomes available, you won’t hear about it for the first time through an email, online ad, or unsolicited sales pitch.

• Check online reviews of any company offering COVID-19 products or supplies.  Avoid companies whose customers have complained about not receiving items.

• Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation.  Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials.  For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.

• Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail.  Don’t send money through any of these channels.

• Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus.  If you decide to invest, carefully research the investment beforehand.  For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website.

For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) websites.  The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.     

The enforcement action taken today is being prosecuted by Assistant U.S. Attorney Carolyn B. Tapie of the Middle District of Florida and Trial Attorney Kathryn A. Schmidt of the Civil Division’s Consumer Protection Branch.  HSI’s Tampa office is conducting the investigation.

The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.     

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For more information about the United States Attorney’s Office for the Middle District of Florida, visit its website at www.justice.gov/usao-mdfl.  For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Daniel John Ferrer (29, Davenport) has pleaded guilty to making a false statement while attempting to purchase a firearm. Ferrer faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Ferrer had previously been convicted of domestic violence battery and was prohibited from possessing a firearm or ammunition under federal law. Ferrer subsequently pawned three firearms at a pawnshop. When he attempted to repurchase one of those firearms, he was required to complete paperwork related to his criminal history. Ferrer falsely stated that he had never been convicted of a misdemeanor crime of domestic violence.

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

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 – United States Attorney Maria Chapa Lopez announces that Nelson Pablo Yester-Garrido (62, of Cuba) today pleaded guilty to conspiracy to distribute a large amount of high-grade marijuana in the Middle District of Florida. Yester-Garrido faces a maximum penalty of 40 years in federal prison. Sentencing is set for October 22, 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 that had been filed in the Southern District of Florida (which have since been dismissed). 

Yester-Garrido then conspired with Juan Almeida, Andrew Cassara, and others to possess with the intent to distribute a large amount of marijuana in the Middle District of Florida.

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. (All three were sentenced in 2018 to varying terms of imprisonment.)

In October 2017, Yester-Garrido himself was indicted in the Middle District of Florida for conspiracy, from February 2012 through February 2015, to distribute marijuana and on related gun charges. Yester-Garrido was arrested in October 2017 by Italian authorities on a provisional arrest request 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, and he was brought to the Middle District of Florida to answer the indictment against him.

This case was investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation. The Justice Department’s Office of International Affairs 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 Sean P. Shecter.

Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Mario Alberto Rivas (50, Frostproof) to 10 years in federal prison for conspiring with others to possess with the intent to distribute 500 grams or more of methamphetamine. 

Rivas had pleaded guilty on February 18, 2020.

According to court documents, Rivas traveled from Florida to Houston, Texas to pick up approximately four kilograms of methamphetamine from a co-conspirator. After picking up the methamphetamine, Rivas traveled back to Florida to deliver the drugs to additional co-conspirators in the Polk County area. While Rivas was on the way to deliver the drugs, law enforcement officers stopped his vehicle and seized the methamphetamine.

This case was investigated by the Federal Bureau of Investigation, the Lake Wales Police Department, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Callan L. Albritton.

This investigation is the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

Fort Myers, Florida – U.S. District Judge John L. Badalamenti today sentenced Jose Alfredo Carbajal-Espinosa (34, Mexico) to 30 months in federal prison for illegal reentry into the United States after deportation. Carbajal-Espinosa had pleaded guilty on May 26, 2020.

According to court documents, Carbajal-Espinosa was previously deported from the United States to Mexico on seven occasions. On April 8, 2013, he was convicted of illegal reentry after deportation, a federal felony offense. Following his conviction, Carbajal-Espinosa illegally reentered the United States. 

This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ICE-ERO). It was prosecuted by Assistant United States Attorney Trent Reichling.

Tampa, Florida – U.S. District Judge William Jung today sentenced Allan Ferrari (64, Tampa) to two years in federal prison for aggravated identity theft related to passport fraud. Ferrari had pleaded guilty on September 23, 2019.

According to court documents, Ferrari began using his and another person’s identity, R.S.S., approximately 20 years ago. Ferrari used his own identity when he was arrested for various crimes – including grand theft, domestic battery, and other offenses – but used the R.S.S. identity (a clean identity without a criminal history) to obtain a drivers license and a job. Ultimately, the Department of State’s Diplomatic Security Service discovered Ferrari’s double life when he applied for passports, just weeks apart, in both his own name and R.S.S.’s name. When agents arrested Ferrari and searched his home, they found identification documents in Ferrari’s name, R.S.S.’s name, and in the names of approximately seven other individuals.

This case was investigated by the United States Department of State’s Diplomatic Security Service. It was prosecuted by Assistant United States Attorney Daniel George.

 

Tampa, Florida – U.S. District Judge Virginia Hernandez Covington has sentenced Brooks Thomas Nesbitt (37, Ontario, Canada) to 10 years and 1 month in federal prison for conspiracy to commit wire fraud. The court also ordered Nesbitt to forfeit various assets, and entered a money judgment of $500,000, representing the proceeds of the charged criminal conduct. In addition, Nesbitt was ordered to pay $14,511,754.05 in restitution to the victims.

Nesbitt had pleaded guilty in February 2020.  

According to court documents, Nesbitt was a member of a large, international fraud and money-laundering ring, led by Mary Kathryn Marr. Between at least 2014 and 2019, Nesbitt operated boiler rooms located outside of the United States. He set up the boiler rooms, recruited their sales agents and other employees, and oversaw their operations. Nesbitt contracted with Marr so that, for a set percentage, she and her network could launder the fraud proceeds that his boiler rooms had obtained from victims. Marr also worked with Nesbitt to directly contact and defraud certain victims. Once the victims’ funds had been laundered through Marr’s network of bank accounts in the United States, Marr would arrange for most of the funds to be sent back to Nesbitt and his boiler room employees overseas.

Mary Kathryn Marr was charged separately, along with her co-conspirator, Michel Marc Chateau. Both Marr and Chateau contracted with various international boiler rooms to launder fraud proceeds that they had obtained from foreign victims, primarily by selling worthless investments. Marr and her co-conspirators employed a mass marketing scam in which high-pressure sales techniques originating out of so-called “boiler rooms” were used to defraud individuals who believed that they were investing substantial amounts of money in regulated financial products or markets, particularly shares of stocks. In reality, however, the investments were a sham and the victims received nothing. The majority of the victims that Marr and her co-conspirators targeted were located in Australia, New Zealand, the United Kingdom, and countries in Asia.

Marr and Chateau operated a network of funnel bank accounts in the United States in the names of shell companies, into which the boiler room agents instructed victims to send their money. The victims’ funds were then laundered through more bank accounts and sent overseas, with the launderers receiving a percentage of funds that they moved. Marr and Chateau recruited various individuals to open and operate funnel bank accounts in Florida and other states.

In total, Nesbitt, Marr, and their co-conspirators unlawfully obtained approximately $14.5 million from victims through various boiler room fraud schemes. On January 30, 2019, Thai authorities provisionally arrested Nesbitt at his residence in Hua Hin, Thailand. Nesbitt was subsequently extradited to the United States for prosecution.

“This international fugitive thought he could hide from justice,” said HSI Tampa Assistant Special Agent in Charge Michael Cochran. “Because of the unique international investigative authorities of HSI, along with our partners at the U.S. Internal Revenue Service, he will now be held accountable for his crimes.”

​"With Homeland Security and IRS Special Agents working together, this unique investigation showcases the power of combined federal agencies to topple a global financial fraud. Foreign victims and the American public can rest a little easier tonight,” stated Special Agent in Charge Brian Payne of IRS Criminal Investigation. “When crooks endeavor to rip off just one victim, they also damage the consumer confidence of us all. We take our role as the world’s finest financial investigators very seriously because we realize prosecuting financial crime is vital to maintaining trust in our economy.”

This case was investigated by Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation, with assistance provided by the Royal Thai Police. The Justice Department’s Office of International Affairs provided significant assistance in securing the defendant’s extradition from Thailand. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Justin Richard Testani (30, Orange City) to 60 years in federal prison for child sexual exploitation. Testani had pleaded guilty on February 6, 2020.

According to court documents and evidence presented during the sentencing hearing, for more than a year, Testani contacted multiple young girls (usually between the ages of 10 and 13) through Instagram and Snapchat. Testani frequently posed as a young, teenage girl who modeled for a prominent teen lingerie brand. Using that disguise, Testani convinced numerous victims to send him revealing photographs of themselves. After the victims sent such photographs, Testani often threatened to disseminate the photos or publicly humiliate the victims. At other times, Testani threatened to kidnap, rape, and/or kill the victims and their family members. He issued these threats to coerce victims into creating and sending him more images and videos of themselves engaged in sexually explicit conduct. 

Testani also used threats to coerce certain victims into giving him the passwords to their social media accounts. After gaining those passwords, Testani often took over the accounts and used those platforms to contact and exploit the victims’ friends. The investigation revealed that Testani reached out to hundreds of young girls across the United States between December 2017 and January 2019.

"This case is a prime example of how a child can be victimized even in the safety of their own home," said Michael McPherson, Special Agent in Charge of the FBI Tampa Division. "Parents, please talk to your children about the dangers of the internet and social media and make it clear to them they are not to blame if they fall victim to a predator. The FBI, along with our law enforcement partners are dedicated to ensuring children are protected from online predators. The 60-year sentence in this case is proof of that commitment."

This case was investigated by the Federal Bureau of Investigation, the Sanford Police Department, and the Trussville (Alabama) Police Department.  It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

This case was 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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 Mary S. Scriven today sentenced DeShawn Torrell Salley (40, Tampa) to 15 years in federal prison for distributing 50 grams or more of methamphetamine, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a convicted felon.

Salley had pleaded guilty on February 6, 2020.

According to court documents and information presented at the sentencing hearing, between 1999 and 2004, Salley was convicted of six felony offenses, including attempted murder in the first degree. On eight occasions, between April and June 2019, Salley sold methamphetamine and heroin in Tampa. On July 31, 2019, federal agents arrested Salley and searched his apartment pursuant to a federal search warrant. The agents recovered a loaded Glock .45 caliber pistol, a bulletproof vest, heroin, and marijuana. As a previously convicted felon, Salley is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Christopher F. Murray

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 – U.S. District Judge Wendy W. Berger has sentenced Christopher Keith Held (37, Orlando) to six years and nine months in federal prison for conspiring to commit access device (credit card) fraud, producing counterfeit access devices, possessing 15 or more counterfeit access devices, possessing device-making equipment, and committing aggravated identity theft. Held had pleaded guilty on May 13, 2020. Held’s co-defendant, Bonnie Brooke Vogt (25, Orlando), pleaded guilty to several fraud-related charges on June 23, 2020. Her sentencing is scheduled for September 18, 2020.

According to court documents, sometime prior to 2018, Held and Vogt conspired to steal the identities of approximately 2,900 individuals from the Orlando chapter of a labor union where Vogt had been employed. Between 2018 and 2019, Held and Vogt used many of these stolen identities to obtain loans, lines of credit, and credit cards in victims’ names. Held and Vogt then used the fraudulently-obtained funds and stolen identities to purchase four vehicles and to pay other personal expenses, including staying at various hotels in central Florida and renting a new Mercedes. In January 2019, when officers from the Orlando Police Department searched the Mercedes, they found more than 100 counterfeit driver licenses displaying Held or Vogt’s photos, but with the personal information of the identity theft victims, as well as numerous debit and credit cards that had been opened in victims’ names. Officers also located two card printers and a card encoder in the vehicle. Held and Vogt were later found in possession of additional stolen and counterfeit access devices, in September 2019 and October 2019.

This case was investigated by the United States Postal Inspection Service and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Tampa, FL – U.S. Attorney Maria Chapa Lopez today announced that the Middle District of Florida received $998,000 from the Department of Justice’s Office of Justice Programs and its component, the Office for Victims of Crime, to provide safe, stable housing and appropriate services to victims of human trafficking.

“Human trafficking is a barbaric criminal enterprise that subjects its victims to unspeakable cruelty and deprives them of the most basic of human needs, none more essential than a safe place to live,” said Attorney General William P. Barr. “Throughout this Administration, the Department of Justice has fought aggressively to bring human traffickers to justice and to deliver critical aid to trafficking survivors. These new resources, announced today, expand on our efforts to offer those who have suffered the shelter and support they need to begin a new and better life.”

“Our Office is committed to aggressively pursuing and prosecuting those who commit these heinous crimes,” said U.S. Attorney Maria Chapa Lopez. “We are equally determined to the rescue, recovery, and assistance of those who have been traumatized by these unspeakable experiences. The awards announced today will provide our partners with much needed resources that will place trafficking victims on the road to restoration and hope.  

The grant, awarded to the United Way of Pasco County, Inc. and Catholic Charities, Diocese of Venice, Inc. will provide 6 to 24 months of transitional or short-term housing assistance for trafficking victims, including rental, utilities or related expenses, such as security deposits and relocation costs. The grant will also provide funding for support needed to help victims locate permanent housing, secure employment, as well as occupational training and counseling. The above grant recipients are among 73 organizations receiving more than $35 million in OVC grants to support housing services for human trafficking survivors.

“Human traffickers dangle the threat of homelessness over those they have entrapped, playing a ruthless game of psychological manipulation that victims are never in a position to win,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will empower survivors on their path to independence and a life of self-sufficiency and hope.”

Human trafficking offenses are among the most difficult crimes to identify, and the scope of human trafficking victimization may be much greater than the limited data reflect. A new report issued by the National Institute of Justice, another component of the Office of Justice Programs, found that the number of human trafficking cases captured in police reports may represent only a fraction of all such cases. Expanding housing and other services to trafficking victims remains a top Justice Department priority.

The Office for Victims of Crime, for example, hosted listening sessions and roundtable discussions with stakeholders in the field in 2018 and launched the Human Trafficking Capacity Building Center. From July 2018 through June 2019, 118 OVC human trafficking grantees reported serving 8,375 total clients including confirmed trafficking victims and individuals showing strong indicators of trafficking victimization.

For a complete list of individual award amounts and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/htvictimsfactheet.pdf

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Vladimir Volgaev (69, Sarasota) to two years and nine months in federal prison for theft of government property and smuggling goods from the United States, in violation of the International Traffic in Arms Regulations. The court also ordered Volgaev to forfeit $6,835, which is traceable to proceeds of the offense.

Volgaev had pleaded guilty on August 19, 2019.

According to court documents and evidence presented at the sentencing hearing, between 2011 and 2018, Volgaev shipped more than 1,600 firearm components—including barrels, slides, receivers, and frames—from the United States to Ukraine. These components were used to construct fully functional firearms, including handguns and rifles. While engaged in this conduct, Volgaev lived in housing subsidized by the United States Department of Housing and Urban Development (“HUD”). In periodic renewal applications, Volgaev lied to HUD about his personal finances, including the income he had gained from illicit firearm trafficking.

“Homeland Security Investigations (“HSI”) special agents are committed to combating the illegal smuggling of firearm parts that fuel violence both domestically and abroad,” said HSI Tampa acting Deputy Special Agent in Charge Micah McCombs.           

This case was investigated by Homeland Security Investigations, the U.S. Department of Housing and Urban Development - Office of Inspector General, the Federal Bureau of Investigation, and the U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorney Carlton C. Gammons.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces the return of two indictments charging nine individuals involved with drug trafficking organizations operating in Daytona Beach. The first indictment charges Matthew Zachariah Humphrey (25, Daytona Beach) and Janee Reve Najee Kelly (31, Daytona Beach) with conspiracy to distribute fentanyl and with possessing firearms in furtherance of that offense. The second indictment charges Maxwell Garvice Johnson (29, Ormond Beach), Jeremy Rashan Tarrand (39, Mascotte), Robert Lee Hamilton, Jr. (36, Daytona Beach), Dawnte Dequite Benjamin Davis (22, Daytona Beach), Felicia Mae Riley (35, Edgewater), Jeniver Sebastian Scott, Jr. (32, Daytona Beach), and Sharrod Solomon Favors (29, Daytona Beach) with conspiracy to distribute fentanyl, cocaine, and heroin. If convicted, each faces a minimum mandatory term of 5 years, and up to 40 years, in federal prison for each count. Humphrey and Kelly each face an additional 5 years’ imprisonment for possessing firearms in furtherance of the offense. The indictment also notifies each defendant that the United States intends to forfeit traceable proceeds of the offense.

According to the first indictment, beginning on an unknown date, but no later than December 6, 2019, and continuing through July 29, 2020, Humphrey and Kelly conspired with each other and others to distribute controlled substances, including 40 grams or more of a substance containing fentanyl. According to the second indictment, beginning on an unknown date, but no later than April 3, 2020, and continuing through July 29, 2020, Johnson, Tarrand, Hamilton, Davis, Riley, Scott, and Favors conspired to distribute controlled substances, including 40 grams or more of fentanyl, 100 grams or more of heroin, and 500 grams of cocaine.

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 Volusia County Sheriff’s Office, the Daytona Beach Police Department, the Federal Bureau of Investigation, and the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorney Dana Hill.

A Florida man was sentenced to 36 months in prison today for corruptly obstructing the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Maria Chapa Lopez for the Middle District of Florida.

According to evidence presented at trial, since 1999, Dennis J. Nagle, 67, refused to voluntarily pay federal income taxes. As a result, by 2014, he had an outstanding tax balance of more than $400,000. When the IRS attempted to collect Nagle’s unpaid taxes by filing liens and levying his paychecks and pension, Nagle obstructed the IRS’s collection efforts. Nagle submitted false forms to his employer claiming he was exempt from federal tax withholding, attempted to pay off his tax debts with checks written on a closed bank account, and threatened to file criminal complaints against IRS collection officers. In total, Nagle sent the IRS at least 15 worthless payments, purportedly totaling more than $1.9 million dollars.

A jury convicted Nagle on Jan. 30, 2020.

In addition to the term of imprisonment, U.S. District Judge Paul G. Byron ordered Nagle to serve one year of supervised release and to pay approximately $221,502 in restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Chapa Lopez commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Lauren Archer of the Tax Division and Assistant U.S. Attorney Karen Gable, who prosecuted the case.

Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Christopher Gloster, Sr. (57, Fort Myers), aka “OG,” to seven years in federal prison for conspiring to distribute crack cocaine. Gloster’s son, Christopher Gloster, Jr. (30, Fort Myers), aka “Jitt,” was sentenced to five years in federal prison earlier this year for the same offense.

According to court documents, in April 2019, the Glosters approached a woman with a plan to establish a residence in Lee County from which she could use to sell their crack cocaine. Gloster, Jr. advised the woman on suitable locations and how to run the “trap house.” Over the course of the next month, the father-and-son team supplied the woman with approximately $7,000 in crack cocaine, often meeting her in busy parking lots, where they also gave her pointers on generating more business and avoiding law enforcement. The plan collapsed within a month.

Gloster, Sr. was arrested on May 15, 2019, during a search of his apartment. His son quickly confessed. In total, law enforcement seized nearly one pound of the duo’s drugs.

This case was investigated by the Drug Enforcement Administration and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael V. Leeman.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the filing of federal charges against 12 individuals in Operation Dead Ringer. The individuals are charged in 11 separate cases, with cumulatively stealing more than $700,000 in benefits paid by the Social Security Administration on behalf of beneficiaries who were actually deceased. If convicted, each faces a maximum penalty of 10 years’ imprisonment on each count.

Operation Dead Ringer, initiated in the Middle District of Florida, aggressively targets individuals who steal Social Security benefits inadvertently paid to deceased beneficiaries. According to an information and the respective indictments:

Donald Stevenson (51, Orlando) was charged with theft of government funds. According to his plea agreement, from June 2016 through April 2019, Stevenson fraudulently collected approximately $48,750 in Social Security benefits and $3,501 in benefits from the Pension Benefit Guarantee Corporation following his mother’s death on June 17, 2016.

Jacque Rathburn (64, Punta Gorda) was charged with theft of government funds. Between February 2013 and June 2019, Rathburn fraudulently collected approximately $78,164 of her mother’s Social Security benefits following her mother’s death on February 18, 2013.

Glenn Frank (70, Largo) was charged with theft of government funds. From September 2016 through February 2019, Frank fraudulently collected approximately $28,895 of his mother’s Social Security benefits following her death on September 17, 2016.

Louis Rozzero (62, Clearwater) was charged with theft of government funds. Between October 2014 and April 2019, Rozzero fraudulently collected approximately $57,332 of his partner’s Social Security benefits following his partner’s death on October 21, 2014.

Scott Eads (56, Indianapolis) was charged with theft of government funds and aggravated identity theft. From February 2016 through April 2018, Eads fraudulently collected approximately $30,547 in Social Security benefits following the death of a Social Security beneficiary on February 6, 2016.

Ronald Harshman (53, St. Cloud) was charged with theft of government funds. From August 2013 through May 2019, Harshman fraudulently collected approximately $62,341 of his father’s Social Security benefits following his father’s death on August 11, 2013. 

Sandra Polder (79, Orlando) was charged with theft of government funds and false statement to a federal agency. From January 2013 through May 2019, Polder fraudulently collected approximately $49,299 of her son’s Social Security benefits following his death on January 15, 2013.

Rosemary Freeman (75, Summerfield) was charged with theft of government funds. From January 2013 through April 2019, Freeman fraudulently collected approximately $83,488 of her boyfriend’s Social Security benefits following his death in January 2013.

Bruce Griffin (58, Dunnellon) was charged with theft of government funds. From June 2013 through July 2019, Griffin fraudulently collected approximately $50,963 of his wife’s Social Security benefits following her death in May 2013.

Madelin Caridad Ifrim (61, Fort Myers) and Marian Ifrim (53, Fort Myers) have been charged with theft of government funds. From April 2013 through February 2019 Madelin Caridad Ifrim and Marian Ifrim fraudulently collected approximately $100,762 in Social Security benefits following the death of a Social Security beneficiary in May 2013.

Robert Lee West Jr. (71, Fort Myers) was charged with theft of government funds. From November 1995 through February 2019, West fraudulently collected approximately $118,186 in Social Security benefits following the death of a Social Security beneficiary in November 1995.

“As these charges demonstrate, stealing from SSA on behalf of a deceased beneficiary is a federal crime. We work closely with SSA and other government agencies to identify Social Security fraud and stop improper payments,” said Gail S. Ennis, Inspector General of Social Security. “I thank the United States Attorney’s Office and Special Assistant U.S. Attorney Suzanne Huyler for their continuing support of our investigations, and our law enforcement partners for their vital assistance in bringing these individuals to justice.”

An information and an indictment are merely formal charges that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

The cases are being investigated by the Social Security Administration – Office of the Inspector General, with assistance from other federal and local law enforcement agencies, including the Pension Benefit Guarantee Corporation – Office of the Inspector General. Special Assistant United States Attorney Suzanne Huyler is coordinating the Operation. She, along with Assistant United States Attorneys Yolande Viacava and Tyrie Boyer, will be prosecuting the above cases.

 

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Todd Joseph Simmerman (30, Titusville) to 60 years in federal prison for sexually exploiting two minors and committing the offenses while required to register as a sex offender. The court also ordered Simmerman to forfeit the electronic device he had used to commit the offenses.

Simmerman had pleaded guilty on January 27, 2020.

According to court documents, in 2013, Simmerman pleaded guilty to traveling to meet a child to engage in unlawful sexual conduct, after using a computer to lure a child, in violation of Florida law. As part of his sentence, he was required to register as a sex offender. Six months after completing his state sentence, Simmerman met a 15-year-old on Snapchat and enticed the child to engage in sexual activity. The child victim introduced Simmerman to a 15-year-old friend and Simmerman also preyed upon that child. Simmerman used his cellphone to record his sexually abusive encounters with both victims, which occurred over a period of about five months, until his arrest.

“This repeated child predator will spend the rest of his natural life in prison, thanks to HSI special agents and our partners at the Brevard County Sheriff’s Office,” said HSI Orlando Assistant Special Agent in Charge David J. Pezzutti. “While we cannot undo the damage of his horrible crimes, we hope that this sentence helps with the healing process for his victim.”

This case was investigated by Homeland Security Investigations and the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Karen L. Gable.

This case was 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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 Charlene Edwards Honeywell today sentenced Eric Manuel Robles Rivera (45, Orlando) to 33 months in federal prison for possessing heroin with the intent to distribute it. Robles Rivera had pleaded guilty on April 23, 2020.

According to court documents, Robles Rivera was part of a drug trafficking organization (“DTO”) that was distributing heroin and other controlled substances in Orange County. During its investigation of the DTO, the Federal Bureau of Investigation learned that Robles Rivera kept heroin at a storage unit in a facility in Kissimmee, and that he had accessed the storage unit almost daily between June 2016 and March 2017. On March 9, 2017, investigators executed search warrants at locations associated with members of the DTO. Inside the storage unit that had been rented by Robles Rivera, investigators found more than 60 grams of heroin packaged in dozens of baggies.

This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. This investigation was conducted by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Tampa Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Michael Sinacore.

Justice Department today announced that it has reached a settlement with Brevard County, Florida, resolving its race discrimination lawsuit against the county.

The suit alleged that the county violated Title VII of the Civil Rights Act of 1964 when it fired Deidre Jackson, an African-American communications specialist in its Space Coast Tourism Office. Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex, and religion.

 “No one should suffer the indignity of losing her job because of the color of her skin. To that end, the Department of Justice will vigorously enforce Title VII of the Civil Rights Act of 1964 so that state and local governments do not close the doors of equal employment opportunity to anyone because of race,” said Assistant Attorney General for the Civil Rights Division, Eric S. Dreiband. “The Justice Department was established 150 years ago with a founding charge to protect civil rights and this settlement reinforces our continuing commitment to eradicate the scourge of racial discrimination in the government.”

“Racial discrimination, in the workplace or elsewhere, is unacceptable and undermines the very tenets and ideals of a civilized, modern society,” stated the U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “Our nation’s greatest achievements have been because of our diversity, not in spite of it.” 

According to the department’s complaint filed in the U.S. District Court for the Middle District of Florida, Jackson had an excellent work history including positive evaluations and no disciplinary actions throughout her eight years of employment with the county. According to the allegations contained in the complaint, however, shortly after a new director was appointed as manager of the office in 2014, Jackson’s work came under unjustified scrutiny not applied to other co-workers performing similar duties. That director fired Jackson in April 2015, six months after he was hired.

The director never expressed any concern about Jackson’s work performance prior to terminating her employment. As the complaint alleges, he told Jackson that she did not fit his vision of the office without further explanation. After her firing, the director replaced Jackson with two white employees. Around that same time, the complaint alleges, the only other minority employee in the tourism office was forced to resign. The departure of the two minority employees resulted in an all-white tourism office.

Under the terms of the settlement agreement, the county will pay Jackson $150,000 for lost wages and compensatory damages. The settlement agreement also requires the county to provide its supervisors and managers with training on its anti-discrimination policies and on the types of conduct in the workplace that constitute unlawful employment practice under Title VII.   

The Tampa Field Office, which is part of the Miami District Office of the Equal Employment Opportunity Commission (EEOC), investigated and attempted to resolve Jackson’s charge of discrimination before referring it to the Department of Justice as an enforcement action. More information about the EEOC’s jurisdiction is available on its website at www.eeoc.gov.  

 The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/  and https://www.justice.gov/crt/employment-litigation-section.  

Tampa, Florida – Sunday, July 26, 2020, marked the 30thAnniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities. 

The U.S. Attorney’s Office for the Middle District of Florida is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.  

“The U.S. Attorney’s Office for the Middle District of Florida is proud to play a critical role in the Department of Justice’s enforcement efforts under the ADA,” said U.S. Attorney Maria Chapa Lopez. “Our office remains committed to investigating and remedying violations wherever found, and protecting the rights of all of our citizens.”

The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.

Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.

For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/ or email the U.S. Attorney’s Office at [email protected]. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Ocala, Florida – Senior United States District Judge John Antoon II has  sentenced Carlos Eduardo Hampton (23, Cocoa) to eight years and one month in federal prison for robbery and for possessing a firearm as a convicted felon.  Hampton had pleaded guilty on January 30, 2020.

According to court documents, on July 26 and August 16, 2019, Hampton and three others used a sledgehammer to break into two Rural King locations in Ocala and Zephyrhills. The men then used the sledgehammer to smash open display cases and steal a total of 28 firearms. Employees inside the stores fled in fear during each of the robberies. Some of the stolen firearms have been recovered at crime scenes in South Florida and Indiana. 

Hampton and the other men were apprehended as they fled from the second Rural King location in Pasco County. When arrested, Hampton was wearing sneakers embedded with shards of glass from the broken display cabinets. His clothing also matched images from the store’s surveillance cameras, showing him using the sledgehammer to steal 16 firearms. Hampton was previously convicted of a firearms offense in Indiana and is therefore prohibited from possessing firearms or ammunition under federal law.  

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

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.

Ocala, Florida – Senior United States District Judge John Antoon II has sentenced Jeron Cantrell Martin (38, Belleview) to three years and eight months in federal prison for possessing a firearm as a convicted felon. The court also ordered Martin to forfeit the semi-automatic pistol and ammunition used to commit the offense. 

Martin had pleaded guilty on February 28, 2020.

According to court documents, on September 30, 2019, deputies from the Marion County Sheriff’s Office discovered Martin inside a vehicle with a fresh bullet hole in the trunk. After verifying an outstanding warrant for Martin’s arrest, deputies searched him and located small amounts of illegal drugs (marijuana, crack cocaine, methamphetamine, and heroin). They also recovered a loaded pistol from Martin’s pants pocket. Further investigation revealed that Martin had five prior felony convictions in Florida, including numerous drug possession offenses. These convictions prohibit him from possessing firearms and ammunition under federal law. 

“The FBI Jacksonville Division is always proud to partner with the Marion County Sheriff's Office to stop gun violence and drug-fueled crimes in our neighborhoods," said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division. "We will continue to combine our intelligence and tools to ensure that people who bring violence to the streets of Ocala are punished to the fullest extent of the law.”

The case was investigated by the FBI and the Marion County Sheriff’s Office.  It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Tampa, Florida – Senior U.S. District Judge Virginia Covington has sentenced Luis Michael Quercia (54, Bradenton) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Quercia to forfeit the firearm and ammunition used in the offense.

Quercia had pleaded guilty on January 23, 2020.

According to court documents, on June 2, 2019, a Sarasota Police Department officer conducted a traffic stop on a Jeep with an improper paper tag that had failed to stop at a stop sign. The officer made contact with Quercia, who was driving the Jeep. Quercia informed the officer that he did not have a drivers license, and, when the officer informed Quiercia that he was going to arrest him, Querica attempted to stuff a small clear plastic baggie between the center console and driver’s seat as the officer removed him from the vehicle. The officer then searched the vehicle and found the baggie containing a white powdery substance. The officer also found a loaded firearm in a plastic bag under the driver’s seat. Quercia later admitted to possessing the firearm to an ATF agent. A forensic examiner also matched Quercia’s fingerprints to a fingerprint that was discovered on the plastic bag that contained the firearm.

Because Quercia was previously convicted of several felonies, he is prohibited from possessing firearms or ammunition under federal law.

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 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.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Richard Earl Jenkins, Jr. (43, Jacksonville) with three counts of production of child pornography. If convicted, Jenkins faces a minimum mandatory term of 15 years, and up to 30 years, in federal prison for each count.   

According to the indictment, between October 2015 and March 2019, Jenkins produced child pornography.

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 Jacksonville Sheriff’s Office and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Ashley Washington.

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

Jacksonville, Florida – Richard Everett Camp, Jr. has pleaded guilty to one count of conspiracy to commit wire fraud, one count of conspiracy to commit mail fraud, and one count of conspiracy to commit money laundering. He faces a maximum penalty of 20 years in federal prison for the conspiracy to commit wire fraud offense and for the conspiracy to commit mail fraud offense. He faces up to 10 years’ imprisonment for the conspiracy to commit money laundering offense. A sentencing date has not yet been set. As part of the agreement, the court has ordered restitution to Swisher International, Inc., and the forfeiture of three pieces of real property, two vehicles, and more than $250,000.

According to the plea agreement, Camp and his co-conspirators stole approximately $5.7 million from Swisher International, Inc. and its sister company, E-Alternative Solutions (EAS), which are both headquartered in Jacksonville. Camp and his co-conspirators used two different schemes to acquire the funds. In a wire fraud scheme, the co-conspirators diverted to Camp’s personal bank accounts federal tobacco excise tax refunds that were owed to Swisher. In the mail fraud scheme, the conspirators caused fraudulent invoices to be submitted to Swisher and EAS for services that were never rendered. One of the co-conspirators was an employee of Swisher at the time and vouched for the accuracy of the invoices and payments to be made.

During the money laundering scheme, Camp and a co-conspirator engaged in monetary transactions of criminal proceeds from the mail fraud scheme. They deposited funds into accounts of one of the companies claiming to have rendered services, and then transferred the funds to Camp’s personal accounts from which he purchased real property and numerous other items, including vehicles and jewelry.

This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, and the Special Prosecution Division, State Attorney’s Office, Fourth Judicial Circuit. It is being prosecuted by Assistant United States Attorneys Frank Talbot and Bonnie Glober.   

Ocala, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced Anthony Michele DeCotis, Jr. (32, Eustis) to 18 years in federal prison for possessing with intent the to distribute methamphetamine and possessing of a firearm in furtherance of a drug trafficking crime. DeCotis had pleaded guilty on January 29, 2020.

According to court records, on August 3, 2017, DeCotis was in a vehicle that had been stopped by an officer with Eustis Police Department. After a drug detection dog indicated to the presence of drugs, the officer found that DeCotis possessed three ounces of methamphetamine, three firearms, more than $2,000 cash, a scale, and multiple baggies.

At the time of his arrest, DeCotis was on release from a state bond for charges related to similar conduct 10 weeks prior. He was later found guilty in state court for possession of methamphetamine and possession of a firearm, and was sentenced to serve 36 months in state prison. Judge Dalton ordered the 18-year federal sentence to run consecutive to the state sentence.

DeCotis was determined to be a Career Offender based on his multiple prior convictions for drug felonies and violent crimes. He had been recently released from prison in February 2017, six months before committing these offenses.

This case was investigated by the Drug Enforcement Administration with support from the Eustis Police Department. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.

Tampa, Florida - United States Attorney Maria Chapa Lopez announces the return of an indictment charging Jasmine Wynne (30, Ruskin) with one count of conspiracy to commit bank fraud, five counts of aggravated identity theft, and one count of theft of a postal key. Wynne faces up to 30 years in federal prison for the conspiracy count, up to 2 years’ imprisonment for each identity theft count, and up to 10 years’ imprisonment for theft of a postal key. The indictment also notifies Wynne that the United States intends to forfeit assets used in the offense.

According to the indictment, Wynne, a Postal Clerk with the United States Postal Service (USPS) working at the St. Petersburg Retail Post Office location, conspired with others to defraud federally insured financial institutions. Wynne used her status and the special access she had as an USPS employee to open First-Class mail and to photograph personal identifying information (“PII”) and bank account information. Wynne then forwarded the photographs to co-conspirators for use in a bank fraud scheme. The indictment further alleges that Wynne also photographed United States Passport applications that was processed at her post office location to gain applicants’ PII and bank account information. She then forwarded that information to co-conspirators.

In addition, the indictment charges Wynne with using her position as a USPS employee to access and steal restricted postal arrow keys – special master keys that open USPS collection boxes, banks of mailboxes at apartment complexes, and any other mailbox keyed with an arrow lock. Wynne then provided the postal arrow keys to co-conspirators for use in the charged conspiracy. 

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

This case was investigated by the United States Postal Inspection Service and the U.S. Department of State’s Diplomatic Security Service. It will be prosecuted by Assistant United States Attorney Craig Gestring.

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Conrad Paul Golding (49, Orlando) to three years and one month in federal prison for illegally reentering the United States after being deported. Golding had pleaded guilty on April 15, 2019.

According to court documents, after having pleading guilty to the above offense, Golding was placed on house arrest and given a bond that was co-signed by family members. Golding’s sentencing hearing was scheduled for June 17, 2019, but he removed his electronic monitoring equipment and fled from law enforcement. A bench warrant was issued and Golding was arrested in New Jersey on January 31, 2020.   

This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. It was prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, U.S. Immigration and Customs Enforcement.

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Chase A. Davis (20, Alva) to six months in federal prison for making a threat over the internet to kill an individual. The court also sentenced Davis to serve 400 hours of community service, to pay $1,440 in restitution to the American Family Association, and to serve a three-year term of supervised release.

Davis had pleaded guilty on November 27, 2019.

According to court documents, on May 22, 2019, Davis transmitted two threats over the internet from Pompano Beach, Florida to Tupelo, Mississippi, to the American Family Association’s Facebook page. The posts contained the following language:

“i am coming to tupelo unexpected with a group of people and we are going to kill every single person who runs your group,” and

“you are the most disgusting people in america. i have put together a group to have you pieces of [expletive] obliterated into dust. yes, i literally mean killing all of you. you people are nothing but disgusting, worn out, and old excuses of human life.”

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.

Orlando, Florida –U.S. District Judge Wendy W. Berger has sentenced Mark Goolsby to two years in federal prison for filing a false claim for a tax refund. The court also ordered Goolsby to pay $420,288 in restitution to the Internal Revenue Service.

Goolsby had pleaded guilty on March 11, 2020.

According to court documents, Goolsby filed a fraudulent federal tax return for the 2014 tax year, falsely claiming that he had earned 1099-Misc income of over $1 million, paid more than $800,000 in federal withholding taxes, and was due a tax refund of $420,288. The IRS processed the return and issued a check to Goolsby for the false refund. Shortly thereafter, the IRS realized that the return was false and began collection proceedings to obtain the refund. Goolsby refused to return the proceeds and instead hid the funds in multiple bank accounts, withdrew large amounts of cash, purchased a vehicle in the name of a third party, and otherwise spent the proceeds to fund a lavish lifestyle.

“In almost twenty years investigating tax fraud, every once in a while a case comes along that causes me to shake my head in disbelief,” stated Special Agent in Charge Brian Payne of IRS Criminal Investigation’s Tampa Field Office. “Mr. Goolsby had the audacity to submit a false claim for a flagrant refund, through his trickery received that bogus refund, then when the IRS caught up to him, he spun a web of lies to cover his tracks. IRS Special Agents are the best financial investigators in the world, tenaciously committed to protecting the integrity of our tax system. The resolution of this case, as the tax season draws to a close, should serve as a warning to would-be cheats that there is no place to hide.”

This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Karen L. Gable.

Ocala, FL – Malcolm Straughter (35, Ocala) has pleaded guilty to possessing a firearm as a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

Straughter was indicted on May 20, 2020.

According to court documents, on March 19, 2020, a City of Ocala police officer stopped Straughter in his vehicle for a traffic infraction. After the officer smelled the odor of marijuana coming from within the vehicle, a search revealed six bags of marijuana and a loaded 9mm firearm under Straughter’s seat. The firearm had an obliterated serial number and was later confirmed as stolen.

Straughter has prior state felony convictions for possession of a short-barreled shotgun, possession of cocaine, and robbery with a firearm and is therefore prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Tyrie Boyer.

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.

Ocala, FL – Curtis Duncan (30, Ocala) has pleaded guilty to possessing a firearm as a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

Duncan had been indicted on May 20, 2020.

According to court documents, on March 30, 2020, City of Ocala police officers responded to a disturbance at an apartment complex, where a victim told the officers that Duncan had pointed a gun at her during an argument over a cellphone. The victim described the firearm and the vehicle that Duncan had been driving when he left the scene. A short time later, officers stopped Duncan in the same vehicle and recovered a loaded .380 caliber handgun from a bag that Duncan had strapped around his torso.

Duncan has prior state felony convictions including home invasion robbery, and is therefore prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Tyrie Boyer.

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 today sentenced Nelson Israel Alfaro (49, Miami) to 14 months in federal prison for conspiring to defraud the United States, obstruction of justice, and making false statements to federal law enforcement officers. The court also ordered Alfaro to forfeit $117,500 to the United States, the proceeds of his related crimes.

Alfaro had pleaded guilty on December 13, 2019.

According to court documents, Alfaro was an attorney who represented criminal defendants in Florida federal and state courts, including the United States District Court for the Middle District of Florida. From early 2017 to August 2019, Alfaro and his former client, Gilberto De Los Rios, concocted a scheme to charge an already-sentenced federal defendant tens of thousands of dollars for information that they then falsely and fraudulently presented to the United States as the defendant’s “cooperation” and “substantial assistance,” in order to trigger a sentence reduction for the defendant.

To achieve this sentence reduction, Alfaro concocted a plan to purchase information that would be of interest to law enforcement, which the federal defendant could falsely claim as his own cooperation. Alfaro planned to charge the federal defendant $50,000 as Alfaro’s personal fee for this effort, and an additional $30,000 to pay for the information that would earn the federal defendant substantial assistance credit. Alfaro’s scheme required him to enlist the aid of another person known to him, but unknown to the federal defendant—De Los Rios, whom Alfaro had represented regarding Florida state criminal charges in 2010-2011.

Over time, Alfaro’s plan transformed into a plot to earn the federal defendant substantial assistance credit by paying De Los Rios to cooperate on behalf of the federal defendant. In doing so, Alfaro fabricated a story about the relationship between De Los Rios and the federal defendant, about which he repeatedly lied and provided false and fraudulent information to federal law enforcement agents.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Josephine W. Thomas.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the arrest of Terrance Lee Hester, Jr. ( 20, Tampa) based on a criminal complaint for damaging or destroying by fire a building used in interstate commerce. Hester surrendered to federal authorities in Oswego, New York. After an initial appearance on Friday afternoon in the Northern District of New York, Hester remains in custody. If convicted, Hester faces a minimum mandatory penalty of 5 years, up to 20 years, in federal prison. 

According to the

complaint , on May 30 and May 31, 2020, a protest near a shopping plaza located at 2301 East Fowler Avenue in Tampa devolved into civil unrest, looting, and destruction of property. During this disturbance, the Champs Sports store in the shopping plaza was set on fire. The building became fully engulfed in fire, resulting in major damage to the building and the loss of property. The estimated loss to the building, the Champs Sports store, and other businesses in the plaza is approximately $1.25 million.

Video footage obtained by investigators revealed that Hester was one of the individuals participating in the civil disturbance, and that he tossed a flaming piece of cloth into the Champs store through a broken window. Fire investigators determined that the fire originated inside the Champs store and that Hester’s act caused or contributed to the cause of the fire.

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

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tampa Police Department, and Tampa Fire Rescue. It will be prosecuted by Assistant United States Attorney Michael Sinacore.

WASHINGTON – Universal Health Services, Inc., UHS of Delaware, Inc. (together, UHS), and Turning Point Care Center, LLC (Turning Point), a UHS facility located in Moultrie, Georgia, have agreed to pay a combined total of $122 million to resolve alleged violations of the False Claims Act for billing for medically unnecessary inpatient behavioral health services, failing to provide adequate and appropriate services, and paying illegal inducements to federal healthcare beneficiaries, the Department of Justice announced today. 

As part of a comprehensive civil settlement, UHS will pay the United States and participating states a total of $117 million to resolve allegations that its hospitals and facilities knowingly submitted false claims for payment to the Medicare, Medicaid, TRICARE, Department of Veterans Affairs, and Federal Employee Health Benefit programs for inpatient behavioral health services that were not reasonable or medically necessary and/or failed to provide adequate and appropriate services for adults and children admitted to UHS facilities across the country. UHS owns and provides management and administrative services to nearly 200 acute care inpatient psychiatric hospitals and residential psychiatric and behavioral treatment facilities nationwide. UHS is headquartered in King of Prussia, Pennsylvania.

“The Department of Justice is committed to protecting patients and taxpayers by ensuring that the treatment provided to federal healthcare beneficiaries is reasonable, necessary, and free from illegal inducements,” said Acting Assistant Attorney General Ethan P. Davis for the Department of Justice’s Civil Division. “The Department will continue to be especially vigilant when vulnerable patient populations are involved, like those served by behavioral healthcare providers.”

In a separate civil settlement, Turning Point will pay the United States and the State of Georgia $5 million to resolve allegations that it provided free or discounted transportation services to induce Medicare and Medicaid beneficiaries to seek treatment at Turning Point’s inpatient detoxification and rehabilitation program or intensive outpatient program.    

The government alleged that, between January 2006, and December 2018, UHS’s facilities admitted federal healthcare beneficiaries who were not eligible for inpatient or residential treatment because their conditions did not require that level of care, while also failing to properly discharge appropriately admitted beneficiaries when they no longer required inpatient care. The government further alleged that UHS’s facilities billed for services not rendered, billed for improper and excessive lengths of stay, failed to provide adequate staffing, training, and/or supervision of staff, and improperly used physical and chemical restraints and seclusion. In addition, UHS’s facilities allegedly failed to develop and/or update individual assessments and treatment plans for patients, failed to provide adequate discharge planning, and failed to provide required individual and group therapy services in accordance with federal and state regulations. 

Of the $117 million to be paid by UHS to resolve these claims, the federal government will receive a total of $88,124,761.27, and a total of $28,875,238.73 will be returned to individual states, which jointly fund state Medicaid programs.     

With respect to Turning Point, the government alleged that, from January 2007 until May 1, 2019, the facility provided free or discounted transportation services to Medicare and Medicaid beneficiaries to induce them to seek detoxification and rehabilitation treatment at Turning Point’s inpatient or intensive outpatient programs.

“Health care fraud in the behavioral health arena endangers a particularly vulnerable patient population,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This settlement should deter those providers tempted to prioritize economic gain over a commitment to patient care. We thank our colleagues in other U.S. Attorneys Offices, the Department of Justice, and state Medicaid Fraud Control Units, as well as the investigative agencies who supported this effort, for their steadfast pursuit of this critically important investigation.”

“Providing top quality health care to service members and their beneficiaries is the primary mission of the Defense Health Agency. It's unfortunate a company tried to take advantage of a system that ensures health care for those men and women who are on the front lines every day protecting our nation," said Lt. Gen. Ronald Place, director, DHA. "We commend the Department of Justice and its partners for bringing justice to those responsible for knowingly defrauding TRICARE beneficiaries.”

“VA-OIG continues to be vigilant in holding those accountable who defraud VA programs and ensure that tax payer dollars are appropriately utilized for the care of our nation’s veterans and their dependents,” said Acting Special Agent in Charge Jeffrey Stachowiak, Department of Veterans Affairs, Office of Inspector General. “Also, we thank our law enforcement partners and the United States Attorney’s Office for their support.”

“The OPM OIG does not tolerate predatory behavior that risks the health and safety of vulnerable patients,” said Thomas W. South, Deputy Inspector General for Investigations for the Office of Personnel Management. “We are grateful for the fine work of our investigators and Department of Justice partners. Today’s settlement demonstrates OPM-OIG’s unwavering commitment to investigating conduct that affects vulnerable FEHBP enrollees.”

The government’s settlement with UHS resolves 18 cases pending in the Eastern District of Pennsylvania, Western District of Michigan, the Eastern District of Michigan, and Northern District of Georgia under the qui tam, or whistleblower, provision of the False Claims Act, which permit private parties to file suit for false claims on behalf of the United States and to share in any recovery.  The whistleblower share of the federal portion of the settlement will be $15,862,457.03. The settlement with Turning Point resolves an additional qui tam lawsuit filed in the Northern District of Georgia. The whistleblower in that suit will receive $861,853.64, from the federal share of the Turning Point settlement. 

Contemporaneous with the civil settlements announced today, UHS, on behalf of its inpatient acute and residential behavioral health facilities, has entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General (OIG), which will remain in effect for five years. UHS must retain an independent monitor, selected by the OIG, which will assess UHS’s Behavioral Health Division’s patient care protections and report to the OIG. In addition, an independent review organization will perform annual reviews of UHS’s inpatient behavioral health claims to federal health care programs.

“Protecting the health and safety of Medicare and Medicaid patients is one of our primary concerns. Our Corporate Integrity Agreement provides future protection for patients and federal health care programs through controls and monitoring designed to ensure that UHS’s behavioral health facilities provide quality services and medically necessary care to patients,” said Gregory E. Demske, Chief Counsel to the Inspector General for the U.S. Department of Health and Human Services. “This case demonstrates that the government will aggressively pursue allegations of substandard inpatient care.”

The settlement with UHS was the result of a collaborative effort among numerous federal and state agencies. The Commercial Litigation Branch of the Department of Justice’s Civil Division and the U.S. Attorney’s Office for the Eastern District of Pennsylvania handled the cases, with substantial assistance from the U.S. Attorneys’ Offices for the Middle District of Florida, the Northern District of Georgia, the Eastern District of Michigan, the Western District of Michigan, the Middle District of Georgia, the Northern District of Illinois, the Middle District of North Carolina, the Western District of North Carolina, the District of Oregon, the Middle District of Pennsylvania, the Southern District of Texas, the District of Utah, the Eastern District of Virginia, the Western District of Virginia, the Northern District of Oklahoma, and the District of Wyoming, as well as the National Association of Medicaid Fraud Control Units (NAMFCU).  The Civil Division and NAMFCU coordinated the nationwide investigation of UHS in partnership with the Office of Inspector General for the Department of Health and Human Services; the Department of Defense Criminal Investigative Service; the Department of Veterans Affairs, Office of Inspector General; the Office of Personnel Management, Office of Inspector General; and the Federal Bureau of Investigation. The Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Northern District of Georgia handled the Turning Point matter with assistance from the Office of Attorney General of Georgia and the Office of Inspector General for the U.S. Department of Health and Human Services. The investigation in the Middle District of Florida was led by Civil Chief Randy Harwell and Assistant United States Attorney Katherine Ho, and by Trial Attorney Sarah Arni of the Civil Division’s Commercial Litigation Branch.   

The civil settlement with UHS resolved the following captioned cases: United States ex rel. Gardner v. Universal Health Services, Inc., 2:17-cv-03332-AB (E.D. Pa.); United States ex rel. Naylor v. Universal Health Services, Inc., 2:14-cv-06198-AB (E.D. Pa.); United States ex rel. Jain v. Universal Health Services, Inc., et al., No. 2:13-cv-06499-AB (E.D. Pa.); United States ex rel. Chisholm v. Universal Health Services, Inc., et al., 2:17-cv-01892-AB (E.D. Pa.); United States ex rel. Doe, et al. v. Universal Health Services, Inc., et al., No. 2:14-cv-00921 (E.D. Pa.); United States ex rel. Pate v. Behavioral Hospital of Bellaire, et al., 2:15-cv-00554-AB (E.D. Pa.); United States ex rel. Brinson, et al. v. Universal Health Services, Inc., et al., 2:14-cv-07275-AB (E.D. Pa.); United States ex rel. Mitchell v. Turning Point Care Center, Inc., et al., 2:15-cv-00259-AB (E.D. Pa.); United States ex rel. Peterson v. Universal Health Services, Inc., et al., 2:17-cv-01897-AB (E.D. Pa.); United States ex rel. Conaway, et al. v. Universal Health Services, Inc., et al., 2:17-cv-02233-AB (E.D. Pa.); United States ex rel. Eborall v. Universal Health Services, Inc., et al., 2:17-cv-03249-AB (E.D. Pa.); United States ex rel. Sachs, et al. v. Universal Health Services, Inc., et al., 2:17-cv-03604-AB (E.D. Pa.); United States ex rel. Klotz v. Universal Health Services, Inc., et al., 2:17-cv-05163-AB (E.D. Pa.); United States ex rel. Brockman, et al. v. Universal Health Services, Inc., et al., 2:17-cv-05350-AB (E.D. Pa.); United States ex rel. Glass v. Hughes Center, LLC., et al., 2:18-04018-AB (E.D. Pa.); United States ex rel. Parent-Leonard v. Forest View Psychiatric Hospital, et al., No. 1:18-cv-1426 (W.D. Mich.); United States ex rel. Russell, et al. v. Universal Healthcare Services, Inc., et al., No. 1:19-CV-0764 (N.D. Ga.); United States ex rel. McLauchlin, et al. v. Havenwyck Holdings, Inc., et al., No. 2:19-cv-10832 (E.D. Mich.). 

The settlement with Turning Point resolved the case captioned United States ex rel. Heatley v Turning Point Care Center LLC, et al., 1:17-cv-3869-AT (N.D. Ga.). 

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

Universal Health Services, Inc., UHS of Delaware, Inc.(together, UHS), and Turning Point Care Center, LLC (Turning Point), a UHS facility located in Moultrie, Georgia, have agreed to pay a combined total of $122 million to resolve alleged violations of the False Claims Act for billing for medically unnecessary inpatient behavioral health services, failing to provide adequate and appropriate services, and paying illegal inducements to federal healthcare beneficiaries, the Department of Justice announced today.  UHS owns and provides management and administrative services to nearly 200 acute care inpatient psychiatric hospitals and residential psychiatric and behavioral treatment facilities nationwide.  UHS is headquartered in King of Prussia, Pennsylvania.

As part of a comprehensive civil settlement, UHS will pay the United States and participating states a total of $117 million to resolve allegations that its hospitals and facilities knowingly submitted false claims for payment to the Medicare, Medicaid, TRICARE, Department of Veterans Affairs, and Federal Employee Health Benefit programs for inpatient behavioral health services that were not reasonable or medically necessary and/or failed to provide adequate and appropriate services for adults and children admitted to UHS facilities across the country.

In a separate civil settlement, Turning Point will pay the United States and the State of Georgia $5 million to resolve allegations that it provided free or discounted transportation services to induce Medicare and Medicaid beneficiaries to seek treatment at Turning Point’s inpatient detoxification and rehabilitation program or intensive outpatient program.     

“The Department of Justice is committed to protecting patients and taxpayers by ensuring that the treatment provided to federal healthcare beneficiaries is reasonable, necessary, and free from illegal inducements,” said Acting Assistant Attorney General Ethan P. Davis for the Department of Justice’s Civil Division.  “The Department will continue to be especially vigilant when vulnerable patient populations are involved, like those served by behavioral healthcare providers.”

The government alleged that, between January 2006, and December 2018, UHS’s facilities admitted federal healthcare beneficiaries who were not eligible for inpatient or residential treatment because their conditions did not require that level of care, while also failing to properly discharge appropriately admitted beneficiaries when they no longer required inpatient care.  The government further alleged that UHS’s facilities billed for services not rendered, billed for improper and excessive lengths of stay, failed to provide adequate staffing, training, and/or supervision of staff, and improperly used physical and chemical restraints and seclusion.  In addition, UHS’s facilities allegedly failed to develop and/or update individual assessments and treatment plans for patients, failed to provide adequate discharge planning, and failed to provide required individual and group therapy services in accordance with federal and state regulations. 

Of the $117 million to be paid by UHS to resolve these claims, the federal government will receive a total of $88,124,761.27, and a total of $28,875,238.73 will be returned to individual states, which jointly fund state Medicaid programs.          

“Quality mental health treatment is critical for the patients who place their trust in the hands of service providers,” said William M. McSwain, United States Attorney for the Eastern District of Pennsylvania. “The allegations involved in this matter -- inappropriate billing and inadequate care – have no place in our health care system. Behavioral health service entities must have strong mechanisms in place, including appropriate supervision and oversight, to avoid fraud and abuse in order to ensure they provide the level of care that their patients deserve.”

With respect to Turning Point, the government alleged that, from January 2007 until May 1, 2019, the facility provided free or discounted transportation services to Medicare and Medicaid beneficiaries to induce them to seek detoxification and rehabilitation treatment at Turning Point’s inpatient or intensive outpatient programs.

“Illegal inducements should never play a role in a patient’s decision regarding treatment, especially when a patient is seeking care for addiction and other behavioral health needs,” said Byung J. “BJay” Pak, U.S. Attorney for the Northern District of Georgia.  “Our office remains committed to pursuing unlawful arrangements that undermine the integrity of federal healthcare programs.”

The government’s settlement with UHS resolves 18 cases pending in the Eastern District of Pennsylvania, Western District of Michigan, the Eastern District of Michigan, and Northern District of Georgia under the qui tam, or whistleblower, provision of the False Claims Act, which permit private parties to file suit for false claims on behalf of the United States and to share in any recovery.  The whistleblower share of the federal portion of the settlement will be $15,862,457.03.  The settlement with Turning Point resolves an additional qui tam lawsuit filed in the Northern District of Georgia.  The whistleblower in that suit will receive $861,853.64, from the federal share of the Turning Point settlement. 

“Providing top quality health care to service members and their beneficiaries is the primary mission of the Defense Health Agency. It's unfortunate a company tried to take advantage of a system that ensures health care for those men and women who are on the front lines every day protecting our nation," said Lt. Gen. Ronald Place, director, DHA. "We commend the Department of Justice and its partners for bringing justice to those responsible for knowingly defrauding TRICARE beneficiaries.”

“VA OIG continues to be vigilant in holding those accountable who defraud VA programs and ensure that tax payer dollars are appropriately utilized for the care of our nation’s veterans and their dependents.  Also, we thank our law enforcement partners and the United States Attorney’s Office for their support,” said Acting Special Agent in Charge Jeffrey Stachowiak, Department of Veterans Affairs, Office of Inspector General.   

“The OPM OIG does not tolerate predatory behavior that risks the health and safety of vulnerable patients,” said Thomas W. South, Deputy Inspector General for Investigations for the Office of Personnel Management. “We are grateful for the fine work of our investigators and Department of Justice partners. Today’s settlement demonstrates OPM-OIG’s unwavering commitment to investigating conduct that affects vulnerable FEHBP enrollees.”

Contemporaneous with the civil settlements announced today, UHS, on behalf of its inpatient acute and residential behavioral health facilities, has entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General (OIG), which will remain in effect for five years.  UHS must retain an independent monitor, selected by the OIG, which will assess UHS’s Behavioral Health Division’s patient care protections and report to the OIG.  In addition, an independent review organization will perform annual reviews of UHS’s inpatient behavioral health claims to federal health care programs.

“Protecting the health and safety of Medicare and Medicaid patients is one of our primary concerns.  Our Corporate Integrity Agreement provides future protection for patients and federal health care programs through controls and monitoring designed to ensure that UHS’s behavioral health facilities provide quality services and medically necessary care to patients,” said Gregory E. Demske, Chief Counsel to the Inspector General for the United States Department of Health and Human Services.  “This case demonstrates that the government will aggressively pursue allegations of substandard inpatient care.”

The settlement with UHS was the result of a collaborative effort among numerous federal and state agencies.  The Commercial Litigation Branch of the Department of Justice’s Civil Division and the U.S. Attorney’s Office for the Eastern District of Pennsylvania handled the cases, with substantial assistance from the U.S. Attorneys’ Offices for the Middle District of Florida, the Northern District of Georgia, the Eastern District of Michigan, the Western District of Michigan, the Middle District of Georgia, the Northern District of Illinois, the Middle District of North Carolina, the Western District of North Carolina, the District of Oregon, the Middle District of Pennsylvania, the Southern District of Texas, the District of Utah, the Eastern District of Virginia, the Western District of Virginia, the Northern District of Oklahoma, and the District of Wyoming, as well as the National Association of Medicaid Fraud Control Units (NAMFCU).  The Civil Division and NAMFCU coordinated the nationwide investigation of UHS in partnership with the Office of Inspector General for the Department of Health and Human Services; the Department of Defense Criminal Investigative Service; the Department of Veterans Affairs, Office of Inspector General; the Office of Personnel Management, Office of Inspector General; and the Federal Bureau of Investigation.  The Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Northern District of Georgia handled the Turning Point matter with assistance from the Office of Attorney General of Georgia and the Office of Inspector General for the U.S. Department of Health and Human Services.   

The civil settlement with UHS resolved the following captioned cases: United States ex rel. Gardner v. Universal Health Services, Inc., 2:17-cv-03332-AB (E.D. Pa.); United States ex rel. Naylor v. Universal Health Services, Inc., 2:14-cv-06198-AB (E.D. Pa.); United States ex rel. Jain v. Universal Health Services, Inc., et al., No. 2:13-cv-06499-AB (E.D. Pa.); United States ex rel. Chisholm v. Universal Health Services, Inc., et al., 2:17-cv-01892-AB (E.D. Pa.); United States ex rel. Doe, et al. v. Universal Health Services, Inc., et al., No. 2:14-cv-00921 (E.D. Pa.); United States ex rel. Pate v. Behavioral Hospital of Bellaire, et al., 2:15-cv-00554-AB (E.D. Pa.); United States ex rel. Brinson, et al. v. Universal Health Services, Inc., et al., 2:14-cv-07275-AB (E.D. Pa.); United States ex rel. Mitchell v. Turning Point Care Center, Inc., et al., 2:15-cv-00259-AB (E.D. Pa.); United States ex rel. Peterson v. Universal Health Services, Inc., et al., 2:17-cv-01897-AB (E.D. Pa.); United States ex rel. Conaway, et al. v. Universal Health Services, Inc., et al., 2:17-cv-02233-AB (E.D. Pa.); United States ex rel. Eborall v. Universal Health Services, Inc., et al., 2:17-cv-03249-AB (E.D. Pa.); United States ex rel. Sachs, et al. v. Universal Health Services, Inc., et al., 2:17-cv-03604-AB (E.D. Pa.); United States ex rel. Klotz v. Universal Health Services, Inc., et al., 2:17-cv-05163-AB (E.D. Pa.); United States ex rel. Brockman, et al. v. Universal Health Services, Inc., et al., 2:17-cv-05350-AB (E.D. Pa.); United States ex rel. Glass v. Hughes Center, LLC., et al., 2:18-04018-AB (E.D. Pa.); United States ex rel. Parent-Leonard v. Forest View Psychiatric Hospital, et al., No. 1:18-cv-1426 (W.D. Mich.); United States ex rel. Russell, et al. v. Universal Healthcare Services, Inc., et al., No. 1:19-CV-0764 (N.D. Ga.); United States ex rel. McLauchlin, et al. v. Havenwyck Holdings, Inc., et al., No. 2:19-cv-10832 (E.D. Mich.). 

The settlement with Turning Point resolved the case captioned United States ex rel. Heatley v Turning Point Care Center LLC, et al., 1:17-cv-3869-AT (N.D. Ga.). 

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

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Yosvani Concepcion Izqueirdo (31, Tampa) to four years in federal prison for access device fraud and aggravated identity theft.

Izqueirdo had pleaded guilty on February 7, 2019.

According to court documents, Izquierdo and others conspired to commit credit card fraud. Specifically, they obtained breached and stolen credit card and debit card account information from skimming devices and then used the stolen account numbers and account information to manufacture counterfeit credit cards, which they then used at retailers in the Middle District of Florida and throughout the United States. Most commonly, working together and alone, the conspirators used the counterfeit credit cards to purchase gift cards, electronics, and other items at retailers such as Sam’s Club, Publix, and Walgreens.

This case was investigated by the United States Secret Service and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced James Edward Groover, II (34, Antwerp, Ohio) to 15 years and 8 months in federal prison for transportation of child pornography. The court also ordered Groover to forfeit the electronic devices he used to commit the offense.

Groover had pleaded guilty on February 6, 2020.

According to court documents, on June 17, 2019, Groover returned to the United States from a three-day cruise to the Bahamas, carrying his cell phone and laptop computer. Upon his entry into Port Canaveral, Florida, law enforcement agents conducted a border search of his devices and located 4,638 images and 1,763 videos depicting the sexual abuse and exploitation of infants, toddlers and prepubescent children. The agents also found a digital manual that provided instructions for sexually molesting little girls.

Previously, in 2005, Canadian authorities located images of child sex abuse on a laptop that Groover had transported across the Canadian border. Groover was convicted of possession of child pornography in Canada.

“This repeat child predator did not learn his lesson the first time,” said HSI Orlando Assistant Special Agent in Charge David J. Pezzutti. “This sentencing is a message to this criminal and others, that HSI special agents and our law enforcement partners, like the Brevard County Sheriff’s Office, continue to fight to protect the most vulnerable in our communities.”

Sheriff Wayne Ivey stated, “I am so very proud of these agents who are devoted to protecting children. Through their outstanding efforts, an individual who participated in the exploitation of our children has been removed from our communities. I want to thank the US Attorney’s Office for prosecuting these cases and Homeland Security Investigations for all their support in fighting the exploitation of children.”

This case was investigated by Homeland Security Investigations and the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Karen L. Gable.     

This case was 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.projectsafechildhood.gov.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Edward Alan Hardin (33, Pomona Park) with two counts of sex trafficking children and four counts of using a cellular phone to entice children to engage in unlawful sex acts. Hardin faces a mandatory minimum penalty of 10 years, and up to life, in federal prison, for each count, followed by a term of 5 years, and up to a lifetime, of supervised release.  The indictment also notifies Hardin that the United States intends to forfeit assets used in the offense.

According to the indictment, beginning by at least some date in 2016, Hardin began soliciting a child victim to engage in commercial sex acts, knowing that the victim was less than 18 years old. In 2020, Hardin allegedly used a cellular telephone to entice the victim to engage in unlawful sexual activity, including unlawful sexual activity with a minor and custodial sexual battery, in violation of Florida statutes, and attempted production of child pornography in violation of federal law.

The indictment further alleges that, at least from July 21, 2018, and through a date in March 2020, Hardin used a cellular telephone to entice a second child victim to engage in unlawful sexual activity, including unlawful sexual activity with a minor, in violation of Florida statutes; statutory rape, in violation of Georgia Code; and production of child pornography, in violation of federal law.

It is further alleged that on a date in late 2017, or early 2018, Hardin engaged in sex trafficking of a third child, and caused that victim to engage in a commercial sex act.

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

This case was investigated by Homeland Security Investigations, the Clay County Sheriff’s Office, and the Putnam County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.

This case was 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.projectsafechildhood.gov.

Orlando, Florida – Kathryn Smith (58, Lake Mary) has pleaded guilty to wire fraud in a scheme to steal over $470,000 from her employer. Smith faces up to 20 years in federal prison, and will be ordered to pay restitution. Sentencing is scheduled for September 29, 2020.

According to court documents, Smith worked at a title insurance company located in Orlando, Florida. From December 2012, to May 2019, Smith embezzled $472,765.95 from the title insurer by using her access to the company’s bank accounts to transfer funds into accounts for which she had control, and by writing checks to herself without any authorization. In addition, Smith used funds from the title insurer to pay some of her personal credit cards charges, insurance for her adult child, and other miscellaneous amounts to which she was not entitled. 

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Amanda Daniels and Roger B. Handberg.

Tampa, Florida – U.S. District Judge Susan Bucklew today sentenced Luis Berrios-Trinidad (30, Tampa) to 11 years and 3 months in federal prison for sex trafficking of minors. The court also ordered Berrios-Trinidad to forfeit a Glock 19 9mm handgun and cellular phone, both of which were used during the commission of the offenses.

Berrios-Trinidad had pleaded guilty on January 30, 2020.

According to court documents, in May 2019, Berrios-Trinidad began communicating with undercover law enforcement agents regarding the commercial sex trafficking of underage females. Berrios-Trinidad represented that he had access to girls ranging in age from 14-17 years old, and that the price per girl was between $160-180 an hour.

On June 6, 2019, Berrios-Trinidad arranged to bring two underage females to a hotel for a “sex party” with adult men. On that evening, he arrived with two girls, ages 14 and 17. Once inside the hotel room, Berrios-Trinidad was arrested and the victims were rescued.

“Two young girls were saved from a life of human trafficking with this investigation,” said HSI Tampa Assistant Special Agent in Charge Michael Cochran. “HSI agents will continue to uncover, dismantle and disrupt human trafficking, around the globe, and right here in our own communities.”

This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Candace Garcia Rich.

This case was 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.projectsafechildhood.gov.

Fort Myers, FL – United States Attorney Maria Chapa Lopez announces today that Hope Hospice has agreed to pay the United States $3.2 million to resolve allegations that it knowingly submitted false claims to Medicare, Medicaid, and TRICARE for hospice care provided to beneficiaries who did not qualify for the service. Founded in 1979, Hope Hospice is a subsidiary of Hope Healthcare. Hope Healthcare is a not-for-profit organization that provides a variety of programs for the elderly in Lee, Hendry, and Glades Counties, including hospice and palliative care services.

Hospice care is special end-of-life care for terminally ill patients intended to comfort the dying. Patients admitted to hospice care generally stop receiving coverage for traditional medical care intended to cure their illnesses and instead receive medical care focused on providing them with relief from the symptoms, pain, and stress of a terminal illness. Medicare patients are considered to be terminally ill and hospice eligible when they have a life expectancy of six months or less if their illness runs its normal course.

This settlement resolves allegations that Hope Hospice knowingly submitted false claims to Medicare for hospice services for patients who were not terminally ill.  According to the settlement agreement, the United States alleged that from July 1, 2012 to June 30, 2016, Hope Hospice billed Medicare for four or more years of hospice care for certain patients who were not terminally ill for at least a portion of their greater than four year hospice stay.

The settlement also resolves allegations that Hope Hospice knowingly submitted false claims to Medicare, Medicaid, and TRICARE for general inpatient (“GIP”) hospice care in circumstances where that higher level of care was not medically necessary. Medicare, Medicaid, and TRICARE reimburse for four different levels of hospice care: routine home care, continuous home care, inpatient respite care, and GIP. GIP is for pain control or symptom management that cannot be managed in other settings, such as a patient’s home. GIP is intended to be short-term and is reimbursed at a higher rate than routine home care or inpatient respite care. According to the settlement agreement, the United States alleged that Hope Hospice knowingly submitted false claims from January 1, 2011 to June 30, 2016, to Medicare, Medicaid and TRICARE for unnecessary GIP hospice care for certain patients for whom Hope Hospice billed for over two weeks of GIP care. 

As part of the settlement, Hope Hospice has agreed to enter into a Corporate Integrity Agreement (CIA) with HHS OIG. The CIA promotes compliance with the statutes, regulations, program requirements, and written directives of Medicare, Medicaid, and all other federal health care programs, specifically dealing with, among other things, the proper billing and submission of reimbursement claims by Hope Hospice.

“Our seniors rely on the hospice program to provide them with quality care, dignity and respect, when they are terminally ill and need end-of-life care,” said United States Attorney Maria Chapa Lopez. “This investigation and settlement demonstrates our continued commitment to combating health care fraud and protecting the financial solvency of this critical benefit.” 

Attorney General Ashley Moody said, “Hospice care has brought peace of mind and reduced suffering for so many Floridians and their families. It is vital that we ensure this compassionate health care service is not exploited and that Medicaid recipients nearing the end of their journey are able to access these end-of-life resources to help bring dignity and peace to those with terminal illnesses. I am proud to work with our federal partners to preserve the integrity of hospice care in Florida.”

“Hospice care is designed to provide quality end-of-life care and is only medically appropriate – and reimbursable by Medicare – for terminally ill patients,” said Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG). “HHS OIG, in concert with our investigative and prosecutive partners, will continue to vigorously pursue and hold accountable providers who knowingly submit fraudulent claims to Medicare and Medicaid.” 

"This settlement is representative of quality, uncompromising work by DCIS, our investigative partners and the U.S. Attorney's Office to ensure the integrity of the Department of Defense’s Healthcare system, commented Cynthia A. Bruce, Special Agent in Charge, Southeast Field Office, Defense Criminal Investigative Service. We are committed to fully investigating allegations of fraud, waste and abuse, which jeopardize our military families’ precious healthcare resources."

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Margaret Peters who formerly worked at Hope Hospice as the Director of Hospice Care. Peters sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The case is captioned U.S. and the State of Florida ex rel. Margaret Peters v. Hope Hospice and Community Services, et al, No. 2:16-cv-6-FtM-99MRM. The Act also allows the United States to intervene and prosecute the action. Peters will receive 19% of the proceeds from the settlement with Hope Hospice.

The investigation was handled by the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorney Holly H. Snow from the Civil Division’s Commercial Litigation Branch, with assistance from the U.S. Department of Health and Human Services – Office of Inspector General, Defense Criminal Investigative Service, and the State of Florida Medicaid Fraud Control Unit Civil Enforcement Bureau. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips 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).

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Brandi Nicole Fletcher (25, Jacksonville) to four years and nine months in federal prison for perjury and aggravated identity theft in connection with obtaining a fraudulent passport. Fletcher had pleaded guilty on March 20, 2020.

According to court documents, Fletcher was in possession of multiple pieces of personal identification information, including social security cards, birth certificates, and driver licenses, that belonged to real people. On February 7, 2019, Fletcher traveled to a Florida Department of Highway Safety and Motor Vehicles (“DHSMV”) location, where she presented identification documents belonging to a person with the initials A.I.N.D., representing herself to be A.I.N.D. The same day, Fletcher was issued a Florida identification card in the identity of A.I.N.D.  Fletcher then traveled to a Passport Acceptance Facility located in Jacksonville and applied for a passport in the identity of A.I.N.D., which was issued the following day. In applying for the passport, Fletcher certified, under penalty of perjury, that she had not made false statements in the application. In May and June 2019, Fletcher then used the passport to travel internationally from the United States to Santo Domingo, Dominican Republic, in order to obtain plastic surgery.

On July 12, 2019, Fletcher again traveled to the DHSMV, where she provided identification documents belonging to a person with the initials K.N.P. The same day, Fletcher was issued a Florida identification card in the identity of K.N.P.  Approximately two hours later, Fletcher testified in federal court as a potential third-party custodian for an individual facing revocation of his supervised release.  Fletcher was sworn in as a witness, thereafter stated under oath, that she was K.N.P., and that she had no criminal record. That testimony was false. At the conclusion of the hearing, the other individual was released on bond into K.N.P.’s custody.

On August 5, 2019, Fletcher was arrested in South Carolina for possession of stolen property. Fletcher’s vehicle was searched and found to contain the passport that Fletcher had obtained using the A.I.N.D. identity and multiple pieces of identification documents for multiple other individuals. Fletcher also possessed court-issued monitoring equipment that was issued to her in her role as third-party custodian of the other individual.

Upon being interviewed by law enforcement, Fletcher admitted that she was aware of an outstanding warrant for her arrest, and did not believe she would be allowed to leave the country using her own identity. Fletcher also admitted that she did not think the other individual would be released into her custody if she had used her true identity to testify in federal court.

A search of DHSMV databases revealed that Fletcher had obtained Florida drivers licenses and identification cards using four identities that did not belong to her.

This case was investigated by the U.S. Marshals Service and the Diplomatic Security Service. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

Tampa, Florida – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000. In the Middle District of Florida, three agencies received awards:

 

• Flagler County Sheriff’s Office ($92,501)
  Flagler County Recruitment, Hiring, and Retention Project
   
• City of Orlando ($16,800)
  Orlando Officer Safety and Wellness Project
   
• Pinellas County ($90,870)
  Pinellas Officer Safety and Wellness Project

 

“Micro investments in innovative projects such as these, now, can pay huge dividends to agencies and communities in the future,” said U.S. Attorney Maria Chapa Lopez. “We applaud the forward-thinking of our Middle District agencies and their leaders, and thank the COPS Office for their continued support.”

“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
 
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
 

• Human Trafficking
• Meeting Rural Law Enforcement Challenges
• Officer Safety and Wellness
• Recruitment, Hiring, and Retention

• School Safety
• Staffing and Allocation Studies
• Victim-Centered Approaches
• Violent Crime
• Youth Engagement

 
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
 
The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.
 
The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Fort Myers, FL – United States Attorney Maria Chapa Lopez announces that Florida Cancer Specialists & Research Institute, LLC (FCS), an oncology group headquartered in Fort Myers, Florida, has agreed to a civil settlement that will return $2,341,508.91 that was overpaid by the Department of Veterans Affairs (VA) for certain claims relating to physician-administered drugs.

Although the majority of veterans enrolled in the VA healthcare system receive care in VA-operated medical facilities, the VA may also contract with non-VA facilities to provide services that are not readily available from a VA medical facility. The Code of Federal Regulations allows for VA reimbursement of non-VA care providers for certain physician-administered drugs in accordance with Medicare pricing schedules.

Marianne K. Parker, a Claims Resolution Specialist with FCS, filed a qui tam complaint in the Middle District of Florida after contacting the VA Office of Inspector General’s hotline concerning her discovery that FCS was being overpaid by the VA for physician-administered drugs. In response to the hotline complaint, the VA-OIG Office of Audits and Evaluation 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. 

The United States worked cooperatively with FCS to identify the remaining amount of the overpayments made by the VA to FCS. The civil settlement will conclude the lawsuit filed by Ms. Parker and she will receive 20% of the recovery. 

“Money designated for the medical care of our veterans is a precious commodity,” said United States Attorney Chapa Lopez. “We are pleased that Florida Cancer Specialists cooperated with the investigation and will return the overpayment back to the VA. Any other providers who received such overpayments should follow suit.”

David Spilker, Special Agent in Charge, VA-Office of Inspector General, stated, “The VA’s Community Care program provides veterans with the ability to obtain critical healthcare services from providers in their community. This civil settlement reinforces the VA-OIG’s commitment to safeguarding the integrity of VA’s healthcare programs and preserving taxpayer funds for their intended purposes."

The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen, with assistance from the Department of Veterans Affairs – Office of Inspector General.

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