Middle District of Florida
Press releases recorded for this federal judicial district.
U.S. Attorney Maria Chapa Lopez Recognizes Police Week in the Middle District of FloridaRead the Press Release
Tampa, Florida - In honor of National Police Week, U.S. Attorney Maria Chapa Lopez joins the Department of Justice in recognizing the service and sacrifice of federal, state, local, and tribal law enforcement. This year’s observance will take place from Sunday, May 10 through Saturday, May 16, 2020. During this time, communities throughout the Middle District of Florida (MDFL) will pause to honor fallen officers and show support for their families. In addition, multiple agencies will engage in virtual events and campaigns to strengthen their connections and commitments between officers and citizens. The MDFL is home to more than 160 law enforcement agencies.
“Our law enforcement officers here in the Middle District of Florida are among the finest and first to respond to crises on a daily basis,” said U.S. Attorney Chapa Lopez. “Because of their unwavering commitment, dedication, and courage, our communities are poised to face and overcome any challenge – no matter how great or small. Today, this week and every day, we say thank you for your service and sacrifice to protect and keep us safe. ”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which falls on May 15 every year, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they have sworn to protect and serve.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019, including three officers here in the Middle District of Florida – Lieutenant Daniel Duane Hinton (Florida Highway Patrol, Fort Myers), Officer Anthony Neri (Sanibel Police Department, Sanibel), and Sergeant Tracy Leslie Vickers (Florida Highway Patrol, Orlando).
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 pm (EDT). The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
Tampa Man Sentenced to 18 Months in Prison for Passing Counterfeit BillsRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Jason Wayne Lovett (45, Tampa) to 18 months in federal prison for passing counterfeit currency. Lovett had pleaded guilty on January 21, 2020.
According to court documents, between April and August 2019, Lovett and his co-conspirators passed and attempted to pass $17,000 in counterfeit $100 bills at locations throughout Hillsborough County. Each of the counterfeit $100 bills had the same serial number. Officers with the Seminole Police Department apprehended Lovett after he attempted to pass a counterfeit $100 bill at the Seminole Hard Rock Hotel and Casino. After Lovett’s arrest, he attempted to obstruct the investigation by trying to destroy his cellphone, which contained evidence related to his crimes.
This case was investigated by the United States Secret Service and the Seminole Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Owner of Treatment Facility Pleads Guilty to Health Care FraudRead the Press Release
Tampa, Florida – Marcus Anderson (34, St. Petersburg) has pleaded guilty to health care fraud. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to court documents, in April 2011, Anderson opened a treatment facility that offered counseling services in St. Petersburg, Florida. Beginning in or about May 2015, and continuing through April 2018, Anderson stole and misused the billing credentials of doctors to submit more than $1.2 million in false and fraudulent claims to the Florida Medicaid program and related managed care organizations. Anderson sought payment for these fraudulent claims long after the rendering providers had left his employment. The bogus claims also included services that patients had never even received. Anderson falsely claimed that some patients had received counseling and related services at his treatment facility, when he knew the patients were not there. Some patients were hospitalized or in residential living facilities when Anderson falsely claiming they were in his care. The treatment facility was shuttered in 2018.
The case was investigated by the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG) and the Florida Office of Attorney General’s Medicaid Fraud Control Unit. It is being prosecuted by Assistant U.S. Attorney Kristen A. Fiore.
U.S. Attorney’s Office Committed to Combating Sexual Harassment in Housing Amid COVID-19 PandemicRead the Press Release
Tampa, FL — The Attorney General has directed U.S. Attorney’s Offices across the nation to investigate reports of sexual harassment in housing as the nation mounts its response to the COVID-19 pandemic. Today, U.S. Attorney Maria Chapa Lopez reaffirms her commitment to combat these predatory practices throughout the Middle District of Florida. Sexual harassment by landlords, property managers, maintenance workers, and others may violate the federal Fair Housing Act. The Department of Justice remains unwavering in the enforcement of this vital statute.
“Sexual harassment in housing is illegal and infringes upon one’s right to fair housing,” said U.S. Attorney Maria Chapa Lopez. “Individuals should not be forced to relinquish their dignity and submit to threats, coercion, or harassment in order to stay safe within their homes during this global pandemic. This appalling behavior is illegal and will not be tolerated.”
As a result of the COVID-19 public health crisis, many citizens have found themselves furloughed, unemployed, or otherwise in dire financial straits. This has led many to seek abatements, suspensions of their rent payments, or find other accommodations during this time. While many landlords and housing providers have positively responded with understanding and assistance, sadly, others may seek an opportunity to exploit the financially vulnerable through demands for sexual favors and other acts of unwelcome sexual misconduct. The U.S. Attorney’s Office stands ready to investigate and prosecute complaints of sexual harassment in housing and work with our partners to enforce the law and prosecute anyone who engages in this behavior.
If you, or anyone you know, believes they are the victim of sexual harassment by a landlord, or other individual who has control over housing, as a result of the COVID-19 crisis, please submit a complaint through the U.S. Attorney’s Office at www.justice.gov/usao-mdfl/civil-rights or email any questions to [email protected]. For further information on sexual harassment in housing, please visit www.justice.gov/crt/sexual-harassment-housing-initiative.
Seven-Time Convicted Felon Sentenced to Fifteen Years in Federal Prison for Possessing A FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Terrell Javon Jones (28, Jacksonville) to 15 years in federal prison for possessing a firearm as a convicted felon. Jones had pleaded guilty on November 15, 2018.
According to court documents, on June 12, 2018, at about 11:20 p.m., a team of five officers from the Jacksonville Sheriff’s Office were working in the 800 block of Edgewood Avenue in Jacksonville. One of the officers observed Jones drive into the parking lot of a gas station, park his vehicle, and exit the car with a firearm in his hand. Jones then threw the gun on the back seat of the car and went over to talk to another person who was sitting in a nearby parked car.
Additional officers arrived on the scene and Jones was detained. The officers observed the gun on the backseat of the car and seized it. The gun was later determined to be a loaded Smith and Wesson .40 caliber pistol.
At the time of his arrest, Jones had six prior felony convictions for distribution of cocaine and one for possession of cocaine. As a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
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.
Florida Man Pleads Guilty to Racially-Motivated Interference with Election in Charlottesville, Virginia and Cyberstalking in FloridaRead the Press Release
WASHINGTON – Daniel McMahon, 31, pleaded guilty today in federal court in the Western District of Virginia to one count of threatening an African-American Charlottesville City Council candidate identified by the initials D.G. because of his race and because he was running for office, and to one count of cyberstalking a separate victim through Facebook messenger.
“Racially motivated threats of violence have no place in our society and will not be tolerated by the Department of Justice,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The defendant in this case violated the civil rights of his victims through intimidation and we are grateful for all the work and collaboration our partners have done on this case.”
“Although the First Amendment protects, without qualification, an individual’s right to hold and express abhorrent political views, it does not license threats of violence,” said U.S. Attorney Thomas T. Cullen for the Western District of Virginia. “The Department of Justice is committed to investigating and prosecuting those who weaponize social media to harm others.”
"Peaceable protest is a core American value protected by law,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This defendant violated the law by threatening violence against an African-American individual who planned to announce his candidacy for City Council and an autistic child merely because the child’s mother opposes his extreme racially motivated views. This collaborative prosecution demonstrates that the Department of Justice as a whole will not tolerate these types of threats and intimidation.”
“This investigation underscores the FBI Joint Terrorism Task Forces and the US Attorney’s Offices continued commitment to aggressively investigate and prosecute individuals engaging in racially-motivated threats and violent extremist activities. It also exemplifies the seamless information sharing between FBI Divisions in eliminating potential threats to our communities,” said Special Agent in Charge of the FBI Tampa Division Michael F. McPherson.
“Protecting the civil rights of all Americans is a high priority for the FBI and is a mission to which we are fully committed. In this case, the defendant used racially-motivated threats of violence to disrupt an election,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “In addition, he used a social media account to stalk and terrorize another victim and a minor child. We will continue to prioritize and aggressively investigate violations of these kinds. We are grateful for the partnership and efforts of FBI Tampa Division, the United States Attorney Offices in Virginia and Florida, and the Department of Justice, and for their assistance on this case.”
At the plea hearing, the defendant admitted that he uses the online pseudonyms “Jack Corbin,” “Pale Horse,” “Restore Silent Sam,” and “Dakota Stone,” to promote white supremacy and white nationalist ideology, and to express support for racially-motivated violence. The defendant admitted that in January 2019, upon learning that D.G., an African-American resident of Charlottesville, Virginia, planned to announce his candidacy for City Council, the defendant used his Jack Corbin account on the social media platform Gab to threaten violence against D.G. because of D.G.’s race and because D.G. was running for office. The defendant admitted that his posts used racial slurs and invoked long-standing racial stereotypes, and that he intended for D.G. to understand his posts as threats to his safety.
In addition to this, the defendant also admitted to cyberstalking Victim 2 using his “Restore Silent Sam” Facebook account. In connection with this charge, the defendant admitted that he used Facebook to send Victim 2 numerous intimidating and threatening messages that placed Victim 2 in reasonable fear of harm to Victim 2’s minor child. The defendant acknowledged that Victim 2 has been active in countering white nationalist rallies in her community. The defendant admitted that, because of Victim 2’s activism, he began an online campaign to intimidate her and to extort information from her about her fellow activists. This included sending Victim 2 numerous messages over the course of twelve days in which he threatened to sexually assault Victim 2’s minor daughter, who has autism. The defendant admitted that, at around the same time that he sent these messages, he also used the internet to conduct searches relating to sexual contact with girls who have autism. The defendant admitted that his messages reasonably caused Victim 2 serious emotional distress and fear for Victim 2’s child’s safety.
McMahon will be sentenced on July 23, 2020. He faces a maximum sentence of one year in prison for threatening D.G. and five years in prison for cyberstalking Victim 2.
This case is being investigated by the FBI and is being prosecuted by United States Attorney Thomas T. Cullen of the Western District of Virginia; Assistant U.S. Attorney Christopher Kavanaugh of the Western District of Virginia; Assistant U.S. Attorney Daniel George of the Middle District of Florida; and Trial Attorney Risa Berkower of the U.S. Department of Justice’s Civil Rights Division.
Local Pharmacist Pleads Guilty to Unlawful Distribution of OxycodoneRead the Press Release
Tampa, Florida – Hong Truong (54, Dunedin) has pleaded guilty to the unlawful distribution of oxycodone outside the scope of professional practice. Truong faces a maximum penalty of 20 years in federal prison. She has agreed to a money judgment in the amount of $766,819 to the United States, representing the proceeds of her illegal drug distribution.
According to the
plea agreement , Truong was a licensed pharmacist who owned and operated HP Pharmacy located in Pinellas Park, Florida. Under federal regulations, pharmacists registered with the Drug Enforcement Administration, such as Truong, were responsible for the proper prescribing and dispensing of controlled substance prescriptions. At HP Pharmacy, Truong filled Schedule II controlled substance prescriptions for oxycodone and hydromorphone that were outside the usual course of professional practice and not issued for a legitimate medical purpose. In connection with these prescriptions, Truong ignored and failed to resolve red flags, in violation of her responsibility as a pharmacist. For example, in return for filling 30 mg oxycodone and 8 mg hydromorphone prescriptions, Truong charged and only accepted in cash, a higher-than-market-per-pill price – usually $5-6 per pill. Truong ordered a much higher volume of opiates for HP Pharmacy inventory than average in comparison to other Florida pharmacies and those across the United States. Further, Truong and the pharmacy tech she employed, Jessica Evans, falsely noted on the back of many prescriptions that the prescriptions had been verified with the prescriber’s office, when they had not. Evans has also pleaded guilty for her role in the scheme and is awaiting sentencing.Truong also filled prescriptions for “opiate naïve” patients (those who had never been previously prescribed opiates) without consulting with the prescribing physician or the patient as to the diagnosis and need for the prescription. Many of Truong’s opiate patients were young, healthy-looking, and had traveled far distances to Truong’s small pharmacy in Pinellas Park, usually after visiting a prescribing physician located in Tampa.
This case was investigated by the Drug Enforcement Administration and the United States Attorney’s Office’s Opioid Fraud Abuse and Detection Unit. The OFAD Unit focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. This case is being prosecuted by Assistant U.S. Attorneys Kelley Howard-Allen and Greg Pizzo.
Indianapolis Man Pleads Guilty to Making Threats and Mailing A Dead AnimalRead the Press Release
Tampa, Florida – Romney Christopher Ellis (55, Indianapolis, IN) has pleaded guilty to making threats and mailing a dead animal using the U.S. Mail. He faces a maximum penalty of five years in federal prison. The sentencing hearing is scheduled for July 30, 2020.
According to court documents, for the past four years, Ellis has engaged in a campaign of harassment against a victim residing in Hillsborough County through text messages, photographs, videos, and mailings. He threatened to decapitate and set the victim on fire, and he routinely made racially and sexually charged statements in the text messages, including sending sexually explicit images of himself. At times, Ellis sent text messages stating that he had traveled from Indiana to Florida to see the victim. Ellis also used the U.S. Mail to harass the victim and the victim’s friends and family. On one occasion, Ellis mailed a package to the victim’s home containing a dead rat and black rose.
On February 13, 2020, law enforcement officers executed a search warrant at Ellis’s home in Indianapolis and recovered a handwritten note containing the names and addresses of the victim and the victim’s family and friends.
This case was investigated by the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorneys Lisa M. Thelwell and Daniel George.
Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”
“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”
“We salute the many victim advocates, service providers, and professionals who go above and beyond the call of duty to ensure that victims’ rights are restored and justice is served,” said U.S. Attorney Maria Chapa Lopez. “The courage exhibited by those harmed and the dedication and commitment by those who assist them in restoring their lives is laudable. Because of their sacrifice, hard work, and ingenuity – individuals, families, and communities are able to heal and move forward.”
“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs, which oversees OVC. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.
“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart. “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”
This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person. During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services. Visit www.ovc.gov/gallery to learn more about past recipients.
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.
Reference Laboratory, Pain Clinic, and Two Individuals Agree to Pay $41 Million to Resolve Allegations of Unnecessary Urine Drug TestingRead the Press Release
Logan Laboratories Inc. (Logan Labs), a reference laboratory in Tampa, Florida; Tampa Pain Relief Centers Inc. (Tampa Pain), a pain clinic also based in Tampa Florida, and; two of their former executives, Michael T. Doyle and Christopher Utz Toepke (collectively, Defendants) have agreed to pay a total of $41 million to resolve alleged violations of the False Claims Act for billing Medicare, Medicaid, TRICARE, and other federal health care programs for medically unnecessary Urine Drug Testing (UDT), the Department of Justice announced today. Both Logan Labs and Tampa Pain are subsidiaries of Surgery Partners Inc. Doyle is the former CEO of Surgery Partners and Logan Labs. Toepke is the former Group President for Ancillary Services at Surgery Partners, with oversight of Logan Labs, and a former Vice President at Tampa Pain.
The government alleged that Defendants knowingly submitted or caused the submission of false claims to federal health care programs for presumptive and definitive UDT, in circumstances where such testing was not medically reasonable or necessary. Presumptive UDT are tests that screen for the presence of drugs, and definitive UDT are tests that identify the amounts of those drugs in a patient’s system. The government alleged that Defendants developed and implemented a policy and practice of automatically ordering both presumptive and definitive UDT for all patients at every visit, without any physician making an individualized determination that either test was medically necessary for the particular patients for whom the tests were ordered. According to the government’s allegations, the medically unreasonable and unnecessary definitive UDT was performed at Logan Labs, the medically unreasonable and unnecessary presumptive UDT was performed at Tampa Pain, and the respective resulting false claims were submitted by both Tampa Pain and Logan Labs to federal health care programs, from Jan. 1, 2010 through Dec. 31, 2017.
“The Department of Justice is committed to ensuring that federally-funded laboratory tests are ordered based on each patient’s medical needs and not for the purpose of increasing laboratory profits,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We do not tolerate practices that are not based on patient medial needs and that lead to unnecessary costs for federal health care programs.”
“Medical providers seeking profits at the expense of individualized patient care will be held accountable in our district,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “We will protect our district’s residents from providers whose concern for their bottom line overrides medical decision making.”
“The indiscriminate and unnecessary testing alleged here increased medical costs to the government without serving patients’ real medical needs,” said U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania. “A laboratory that promotes and knowingly conducts medically unnecessary drug testing – prioritizing profits over objective medical decision-making – operates unlawfully and wastes limited federal health care resources. That is unfair to both patients and taxpayers and is the type of conduct that must be rooted out of our health care system.”
Contemporaneous with the False Claims Act settlement, Logan Labs entered into an “Integrity Agreement” and Tampa Pain entered into a “Corporate Integrity Agreement” with the Department of Health and Human Services, Office of Inspector General.
“Increasing the profits of a sister-company by referring patients for testing services that are not medically reasonable and necessary and then having that sister-company submit claims to government health insurance programs for those needless services drains resources from legitimate patient care,” said Omar Pérez Aybar, Special Agent in Charge, Office of Inspector General of the Department of Health and Human Services. “Those scheming to enrich themselves at the expense of taxpayer-funded programs must be held accountable for their actions.”
“It’s offensive when medical providers choose to bilk our healthcare billing system for personal enrichment,” said Special Agent in Charge Cynthia A. Bruce, Defense Criminal Investigative Service (DCIS) Southeast Field Office. “DCIS and our investigative partners are dedicated to fully investigate and bring to justice those who deprive the Department of Defense of limited resources needed for the healthcare of our military, veterans, and their families.”
“The Department of Labor appreciates the efforts of the OIG community and the Department of Justice in identifying and pursuing cases where unnecessary testing has resulted in excessive charges to our federal workers’ compensation program,” said Antonio Rios, Director of the Office of Workers’ Compensation Programs Division of Federal Employees’ Compensation. “Healthcare fraud detection efforts are a high priority for us.”
The allegations that are the subject of today’s settlement were originally alleged in two cases filed under the whistleblower, or qui tam, provision of the False Claims Act. The act permits private parties to sue for fraud on behalf of the United States and to share in any recovery. The act also permits the government to intervene in such actions, as the government previously did in the two whistleblower cases. The whistleblowers will receive approximately $7.79 million of the settlement.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800‑HHS‑TIPS (800-447-8477).
This matter is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorneys’ Offices for the Eastern District of Pennsylvania and Middle District of Florida, with assistance from the Department of Health and Human Services, Office of Inspector General. The two lawsuits are captioned United States ex rel. Ashton v. Logan Laboratories, LLC, et al., Case No. 16-4583 (E.D. Pa.) and United States ex rel. Cho v. Surgery Partners Inc., et al., Case No. 8:17-cv-983 (M.D. Fla.).
The claims resolved by this settlement are allegations only and there has been no determination of liability.
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.
Reference Laboratory, Pain Clinic, and Two Individuals Agree to Pay $41 Million to Resolve Allegations of Unnecessary Urine Drug TestingRead the Press Release
Tampa, Florida – Logan Laboratories Inc. (Logan Labs), a reference laboratory in Tampa, Florida; Tampa Pain Relief Centers Inc. (Tampa Pain), a pain clinic also based in Tampa Florida, and; two of their former executives, Michael T. Doyle and Christopher Utz Toepke (collectively, Defendants) have agreed to pay a total of $41 million to resolve alleged violations of the False Claims Act for billing Medicare, Medicaid, TRICARE, and other federal health care programs for medically unnecessary Urine Drug Testing (UDT), the Department of Justice announced today. Both Logan Labs and Tampa Pain are subsidiaries of Surgery Partners Inc.; Doyle is the former CEO of Surgery Partners and Logan Labs, and; Toepke is the former Group President for Ancillary Services at Surgery Partners, with oversight of Logan Labs, and a former Vice President at Tampa Pain.
The government alleged that Defendants knowingly submitted or caused the submission of false claims to federal health care programs for presumptive and definitive UDT, in circumstances where such testing was not medically reasonable or necessary. Presumptive UDT are tests that screen for the presence of drugs, and definitive UDT are tests that identify the amounts of those drugs in a patient’s system. The government alleged that Defendants developed and implemented a policy and practice of automatically ordering both presumptive and definitive UDT for all patients at every visit, without any physician making an individualized determination that either test was medically necessary for the particular patients for whom the tests were ordered. According to the government’s allegations, the medically unreasonable and unnecessary definitive UDT was performed at Logan Labs, the medically unreasonable and unnecessary presumptive UDT was performed at Tampa Pain, and the respective resulting false claims were submitted by both Tampa Pain and Logan Labs to federal health care programs, from Jan. 1, 2010 through Dec. 31, 2017.
“Medical providers seeking profits at the expense of individualized patient care will be held accountable in our district,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “We will protect our district’s residents from providers whose concern for their bottom line overrides medical decision making.”
“The Department of Justice is committed to ensuring that federally-funded laboratory tests are ordered based on each patient’s medical needs and not for the purpose of increasing laboratory profits,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We do not tolerate practices that are not based on patient medial needs and that lead to unnecessary costs for federal health care programs.”
“The indiscriminate and unnecessary testing alleged here increased medical costs to the government without serving patients’ real medical needs,” said U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania. “A laboratory that promotes and knowingly conducts medically unnecessary drug testing – prioritizing profits over objective medical decision-making – operates unlawfully and wastes limited federal health care resources. That is unfair to both patients and taxpayers and is the type of conduct that must be rooted out of our health care system.”
Contemporaneous with the False Claims Act settlement, Logan Labs entered into an “Integrity Agreement” and Tampa Pain entered into a “Corporate Integrity Agreement” with the Department of Health and Human Services, Office of Inspector General.
“Increasing the profits of a sister-company by referring patients for testing services that are not medically reasonable and necessary and then having that sister-company submit claims to government health insurance programs for those needless services drains resources from legitimate patient care,” said Omar Pérez Aybar, Special Agent in Charge, Office of Inspector General of the Department of Health and Human Services. “Those scheming to enrich themselves at the expense of taxpayer-funded programs must be held accountable for their actions.”
“It’s offensive when medical providers choose to bilk our healthcare billing system for personal enrichment,” said Special Agent in Charge Cynthia A. Bruce, Defense Criminal Investigative Service (DCIS) Southeast Field Office. “DCIS and our investigative partners are dedicated to fully investigate and bring to justice those who deprive the Department of Defense of limited resources needed for the healthcare of our military, veterans, and their families.”
“The Department of Labor appreciates the efforts of the OIG community and the Department of Justice in identifying and pursuing cases where unnecessary testing has resulted in excessive charges to our federal workers’ compensation program,” said Antonio Rios, Director of the Office of Workers’ Compensation Programs Division of Federal Employees’ Compensation. “Healthcare fraud detection efforts are a high priority for us.”
The allegations that are the subject of today’s settlement were originally alleged in two cases filed under the whistleblower, or qui tam, provision of the False Claims Act. The act permits private parties to sue for fraud on behalf of the United States and to share in any recovery. The act also permits the government to intervene in such actions, as the government previously did in the two whistleblower cases. The whistleblowers will receive approximately $7.79 million of the settlement.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800‑HHS‑TIPS (800-447-8477).
This matter is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorneys’ Offices for the Eastern District of Pennsylvania and Middle District of Florida, with assistance from the Department of Health and Human Services, Office of Inspector General. The two lawsuits are captioned United States ex rel. Ashton v. Logan Laboratories, LLC, et al., Case No. 16-4583 (E.D. Pa.) and United States ex rel. Cho v. Surgery Partners Inc., et al., Case No. 8:17-cv-983 (M.D. Fla.). Assistant U.S. Attorney Kyle S. Cohen handled the case in the Middle District of Florida, with assistance from U.S. Attorneys David A. Degnan and Viveca D. Parker in the Eastern District of Pennsylvania, auditor Denis Cooke, and Jake Shields and Augustine Ripa of the Civil Fraud Section of the Department of Justice.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
St. Petersburg Man Who Threatened to Spread Covid-19 Virus by Spitting and Coughing on Police Officers Charged with Biological Weapons HoaxRead the Press Release
Tampa, Florida– United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging James Jamal Curry (31, St. Petersburg) with perpetrating a biological weapons hoax. If convicted, Curry faces up to five years in federal prison.
According to the
complaint , on March 27, 2020, officers from the St. Petersburg Police Department responded to a domestic violence call involving Curry. During Curry’s arrest, he turned to an officer, declared that he was infected with the Coronavirus, and coughed on the officer’s arm.The next day, Curry bonded out of the Pinellas County Jail. On the evening of March 28, 2020, police were again called to the same residence where they encountered Curry and arrested him a second time. During his arrest, Curry spit on an arresting officer multiple times—hitting the officer’s face, nose, and inside her mouth with blood-filled saliva. Curry again claimed to have the Coronavirus, laughed, and announced that he was spreading the virus around.
Law enforcement officers subsequently obtained and executed a search warrant to test Curry for COVID-19. Curry tested negative. Individuals close to Curry and jail personnel reported that Curry had not shown any symptoms of COVID-19.
A criminal complaint is merely a 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 Federal Bureau of Investigation, with assistance from the St. Petersburg Police Department, the Florida Department of Health, the State Attorney’s Office (Sixth Judicial Circuit), and the Pinellas County Jail. It will be prosecuted by Assistant United States Attorney Frank Murray.
Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address Covid-19 PandemicRead the Press Release
Tampa, FL - The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.
“Our public safety officers and medical personnel have not wavered in their mission of protecting our citizens during this national crisis,” said U.S. Attorney Maria Chapa Lopez. “The funding announced today will further assist them in their commitment of keeping our citizens safe.”
“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”
The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.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.
Brevard County Man Sentenced to 20 Months in Federal Prison for Bankruptcy FraudRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger today sentenced Jason Arise Smith (45, Indialantic) to 20 months in federal prison for bankruptcy fraud. The court also ordered Smith to pay $3,400 in restitution to victim C.S., who was his spouse at the time of the offenses.
Smith had pleaded guilty on January 6, 2020.
According to court records, in September 2016, Smith had a bankruptcy attorney file a fraudulent bankruptcy petition in the name of C.S., in the U.S. Bankruptcy Court for the Middle District of Florida, Orlando Division. Smith had this petition filed without C.S.’s knowledge or consent, in order to delay foreclosure proceedings on their home and to hide the fact that Smith had not been making payments on their mortgage. To enable the filing of this petition without C.S.’s knowledge, Smith falsely represented to the bankruptcy attorney that C.S. was hospitalized with terminal brain cancer. After this first bankruptcy case was dismissed by the bankruptcy court, Smith forged C.S.’s signature on paperwork and caused a second bankruptcy petition to be filed with the court in his and C.S.’s names, again without C.S.’s knowledge, to further delay foreclosure proceedings.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
U.S. Attorney Announces Multi-Agency Group to Investigate and Prosecute COVID-19 FraudRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez today announced that, in response to the increased threat of fraud presented by the COVID-19 (Coronavirus) pandemic, federal, state, and local law enforcement agencies have joined together to form the Middle District of Florida COVID-19 Fraud Task Force. The mission of the task force is to identify, investigate, and prosecute fraud related to the ongoing Coronavirus pandemic. As part of the joint effort, the Department of Justice, and its various components will be coordinating information and resources with state and local law enforcement agencies throughout the Middle District of Florida.
“The U.S. Attorney’s Office continues to fulfill its critical mission to the public, and remains open for business,” stated U.S. Attorney Chapa Lopez. “During this national crisis, we will prioritize the investigation and prosecution of crimes related to the COVID-19.”
To ensure that prompt attention is given to these crimes, U.S. Attorney Chapa Lopez has designated a Coronavirus Fraud Coordinator, Assistant U.S. Attorney Matthew Perry, to work with law enforcement partners, thereby increasing efforts to protect the public from scammers and fraudsters attempting to prey upon the public’s fears during this national crisis. Law enforcement, public safety and health personnel, and first responders have been encouraged to report related suspicious or suspected illegal activity to the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or via the NCDF Web Complaint Form.
Some examples of these fraudulent schemes include:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. From there, complaints will be coordinated among at least 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
St. Petersburg Man Arrested for Drug and Firearms OffensesRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the filling of a criminal complaint charging Jack Bradley Rice (35, Pinellas Park) with possessing with the intent to distribute a substance containing a detectable amount of fentanyl, cocaine, and methamphetamine and for possessing a firearm as a convicted felon. If convicted, Rice faces a maximum penalty of life imprisonment.
According to the complaint, between January and March 2020, Rice, who is a convicted felon, distributed narcotics from a motel in Pinellas Park. On March 28, 2020, Rice was observed leaving the motel and placing several bags and a backpack inside his vehicle. A search of his car later revealed two firearms, fentanyl, cocaine, and methamphetamine. Later that night, agents executed a search warrant at Rice’s house. From inside a bedroom wall, they recovered an AR-15 rifle and a one-hundred round drum, loaded with 30 rounds of ammunition. The agents also recovered a bulletproof vest, fentanyl, methamphetamine, and drug paraphernalia, including a hydraulic press.
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
The case is part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. It was investigated by the Drug Enforcement Administration and the Pinellas County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.
Tampa Woman Charged for Distributing Heroin and Fentanyl, Resulting in DeathRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a criminal complaint and arrest charging Kimberly Fleer (26, Tampa) with conspiracy to distribute and possess with intent to distribute a mixture and substance containing heroin and fentanyl. If convicted, Fleer faces a maximum penalty of life imprisonment.
According to the
criminal complaint , on November 2, 2019, Fleer sold a victim a controlled substance that contained fentanyl. The victim injected the substance, and died. The victim’s daughter found the victim unresponsive in their residence. The Hillsborough County Medical Examiner’s Office determined that the victim’s cause of death was fentanyl, heroin and oxycodone intoxication.Between November 6, and November 8, 2019, after learning of the victim’s death, Fleer continued to distribute heroin, and fentanyl throughout the Middle District of Florida.
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
The case is part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. It was investigated by the Hillsborough County Sheriff’s Office and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.
U.S. Attorney Announces Nearly $60 Million in Grants Available to Support Prisoners’ Successful Reentry into Their CommunitiesRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez today announced that nearly $60 million in Department of Justice grants is available to help communities address public safety by supporting successful reentry of adult and juvenile offenders into their communities.
“Our nation is facing difficult public safety challenges that demand strong and immediate action. The high rate of recidivism poses a dire threat to community safety and is being met with a robust response by this Administration,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this persistent challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
“For more than a decade, the U.S. Attorney’s Office for the Middle District of Florida has collaborated with communities, courts, law enforcement, service providers and others, to combat recidivism,” said U.S. Attorney Maria Chapa Lopez. “While a large part of our job involves the prosecution of individuals who break the law, justice requires that we balance the debt paid on past offenses with opportunities to succeed in the future.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including adult and juvenile reentry initiatives and research projects designed to improve our knowledge of what works in reentry programming.
A number of funding opportunities are currently open, with several more opening in the near future.
Correctional Adult Reentry Education, Employment, and Recidivism Reduction Strategies Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17104
Total Available $7.2 million Deadline 4/27/2020
Improving Community Supervision Outcomes Through Swift, Certain, and Fair Responses
https://bja.ojp.gov/funding/opportunities/bja-2020-17096
Total Available $3 million Deadline 4/28/2020
Improving Reentry for People with Substance Use Disorders Program
https://bja.ojp.gov/SCASUD20
Total Available $13.2 million Deadline 4/27/2020
Innovations in Reentry Initiative: Building System Capacity & Testing Strategies to Reduce Recidivism
https://bja.ojp.gov/funding/opportunities/bja-2020-17281
Total Available $4 million Deadline 5/4/2020
Research and Evaluation on Promising Reentry Initiatives
https://nij.ojp.gov/funding/opportunities/nij-2020-17295
Total Available $6 million Deadline 5/5/2020
Review and Validation of the First Step Act Risk Assessment Tool
https://nij.ojp.gov/funding/opportunities/nij-2020-fsa
Total Available: Determined after selection Deadline 4/10/2020
Second Chance Act Community-Based Reentry Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17110
Total Available $13.5 million Deadline 5/4/2020
Second Chance Act Evaluation Participation Support
https://bja.ojp.gov/funding/opportunities/bja-2020-17680
Total Available $4 million Deadline 4/28/2020
Second Chance Act Youth Offender Reentry Program
https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/media/document/ojjdp-2020-17350.pdf
Total Available $7 million Deadline 4/28/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
U.S. Attorney Announces More Than $65 Million Available to Fight Human Trafficking and Help Trafficking VictimsRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez today announced that more than $65 million in Department of Justice grants is available to help communities combat human trafficking and serve adults and children who are victimized in trafficking operations.
“Our nation is facing difficult challenges, none more pressing than the scourge of human trafficking. Human traffickers pose a dire threat to public safety and countering this threat remains one of the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight against this insidious crime. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
The funding opportunities announced today will strengthen our capacity, together with our partners, to prevent and combat human trafficking in our district. In addition, it will assist our partners in the recovery and restoration of victims of this horrendous crime,” said U.S. Attorney Maria Chapa Lopez.
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs that support human trafficking task forces and services for human trafficking survivors.
A number of funding opportunities are currently open, with several more opening in the near future.
Missing and Exploited Children Training and Technical Assistance Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17351
Total Available $1.8 million Deadline 4/6/2020 (Extended)
Multidisciplinary Task Force Program to Combat Human Trafficking
https://www.ovc.gov/grants/pdftxt/fy-2020-ecm-task-force-to-combat-human-trafficking.pdf
Total Available $22 million Opens week of 3/16/2020
Preventing Trafficking of Girls
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-18135
Total Available $1.7 million Opens week of 3/16/2020
Research and Evaluation on Trafficking in Persons
https://nij.ojp.gov/funding/opportunities/nij-2020-17324
Total Available $2.5 million Deadline 4/20/2020
Services for Victims of Human Trafficking
https://www.ovc.gov/grants/pdftxt/fy-2020-services-for-victims-of-human-trafficking.pdf
Total Available $16.5 million Opens week of 3/16/2020
Services for Minor Victims of Sex Trafficking
https://www.ovc.gov/grants/pdftxt/fy-2020-services-for-minor-victims-of-sex-trafficking.pdf
Total Available $8 million Opens week of 4/15/2020
Specialized Training and Technical Assistance on Housing for Victims of Human Trafficking
Total Available $2 million Opens week of 3/16/2020
Human Trafficking Training and Technical Assistance Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17135
Total Available $5 million Opens week of 3/16/2020
Improving Outcomes for Child and Youth Victims of Human Trafficking
Total Available $6 million Opens week of 3/16/2020
Integrated Services for Minor Victims of Labor Trafficking
Total Available $8 million Opens week of 3/16/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
Bradenton Man Sentenced to More Than Fifteen Years for Drug OffensesRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Ronde Yarrell (43, Bradenton) to 15 years and 8 months in federal prison for distributing heroin, fentanyl, and cocaine.
Yarrell had pleaded guilty on August 1, 2019.
According to court documents, between November 13, 2018, and January 4, 2019, Yarrell—a ten-time convicted felon—sold heroin, fentanyl, and cocaine to undercover officers on five different occasions. During the last drug sale, Yarrell sold an undercover officer six grams of heroin for $840. As a repeat offender, with prior convictions for bank robbery and possession of marijuana with intent to sell, manufacture, or deliver, Yarrell qualified as a career offender and was subject to enhanced penalties under federal law.
The case is part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. It was investigated by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney David C. Waterman.
Tampa Man Arrested for Distributing Heroin and Fentanyl, Causing DeathRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a criminal complaint and arrest charging Isaiah Reed (30, Tampa) with conspiracy to distribute and possess with intent to distribute a mixture and substance containing a detectable amount of heroin and fentanyl. If convicted, he faces a maximum penalty of life imprisonment.
According to the
criminal complaint , on September 19, 2019, Reed sold a victim a controlled substance that contained fentanyl. The victim injected the substance, became unresponsive, and died. The Hillsborough County Medical Examiner’s Office determined that the victim suffered an accidental death caused by the combined effects of fentanyl, methamphetamine, and heroin.A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
The case is part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. It was investigated by the Hillsborough County Sheriff’s Office and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.
U.S. Attorney Announces More Than $83 Million Available to Support School SafetyRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez today announced that more than $83 million in Department of Justice grants is available to help communities improve school security and protect students, teachers and faculty from threats of violence.
“School violence is no longer an abstract threat but has become a tragic reality in too many of America’s communities. Moving to meet this challenge is among the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
“The ability to protect our schools hinges upon the lessons learned during previous crises,” said U.S. Attorney Maria Chapa Lopez. “The funding opportunities announced today will provide administrators, educators, counselors, public safety practitioners, parents and students themselves, with essential tools to make our schools safer.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to tighten school security and improve the reporting of threats.
A number of funding opportunities for school safety are currently open, with another opening in the near future:
Research and Evaluation on School Safety
https://nij.ojp.gov/funding/opportunities/nij-2020-17308
Total Available $5 million Deadline 4/13/2020
STOP Act School Violence Program (FY20)
https://nij.ojp.gov/funding/opportunities/nij-2020-17308
Total Available $71.4 million Deadline 4/13/2020
Strategies to Support Children Exposed to Violence
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17926
Total Available $7 million Deadline 4/27/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities.
U.S. Attorney Announces More Than $163 Million Available to Fight Addiction CrisisRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez today announced that more than $163 million in Department of Justice grants is available to help communities address America’s addiction crisis.
“Our nation is facing the difficult challenge of curbing substance addiction, which threatens public safety and is among the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
“Additional resources are critical in stemming the tide of substance abuse and addiction,” stated U.S. Attorney Maria Chapa Lopez. “The funding opportunities announced today allows for increased partnerships among key stakeholders, enhanced community engagement, and the development and delivery of better strategies to combat this crisis.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to prevent overdose deaths and break the cycle of addiction and crime.
A number of funding opportunities that address the addiction crisis are currently open:
Adult Drug Court and Veterans Treatment Court Discretionary Grant Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17098
Total Available $1.75 million Deadline 5/14/2020
Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program
https://bja.ojp.gov/COSSAP20
Total Available $27 million Deadline 5/21/2020
Enhancing Community Responses to America's Addiction Crisis: Serving Our Youngest Crime Victims
https://www.ovc.gov/grants/pdftxt/fy-2020-enhancing-community-responses-to-drug-crisis.pdf
Total Available: $19 million Deadline: 5/4/2020
Family Drug Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17090
Total Available $18.2 million Deadline 4/8/2020 (Extended)
Harold Rogers Prescription Drug Monitoring Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17754
Total Available $28.1 million Deadline 5/5/2020
Juvenile Drug Treatment Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17051
Total Available $7.2 million Deadline 4/13/2020 (Extended)
Mentoring Opportunities for Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-16930
Total Available $48 million Deadline 4/13/2020
Opioid Affected Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17352
Total Available $9 million Deadline 4/20/2020
Research and Evaluation on Drugs and Crime
https://nij.ojp.gov/funding/opportunities/nij-2020-17275
Total Available $1 million Deadline 4/20/2020
Residential Substance Abuse Treatment for State Prisoners
https://bja.ojp.gov/RSAT20
Total Available $4.5 million Deadline 4/6/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
Former Veterans Affairs Police Officer Pleads Guilty to Criminal Civil Rights Violation and Making False Entries in A ReportRead the Press Release
Tampa, Florida – Norman Nicholson (56, Largo) today pleaded guilty to one count of depriving an individual of his Fourth Amendment right to a reasonable search and seizure under the color of law and one count of knowingly making false entries in a report with the intent to obstruct an investigation within the jurisdiction of a federal agency. Nicholson faces a maximum penalty of 20 years’ imprisonment. A sentencing hearing is scheduled for June 24, 2020.
According to the
plea agreement , while employed as a police officer with Veterans Affairs in Bay Pines, Florida, Nicholson instructed an Army veteran to leave the premises and the veteran complied. Nicholson then followed the veteran outside and arrested him. In doing so, Nicholson swung the veteran around, and placed both of the veteran’s hands behind his back. The veteran did not resist the arrest and moved his left arm behind his back on his own. After the veteran was already handcuffed and in custody, Nicholson used his left hand to shove the veteran’s head against the fence. He then used his right hand to pull the veteran’s legs apart, causing him to fall face first into the fence and then to the ground. Nicholson then forcefully grabbed the veteran from the ground, and lifted him up. While lifting him up, Nicholson used his right hand to grab the veteran by his face and nose.Nicholson then authored two arrest affidavits and a police report in which he made numerous false statements regarding the incident. Specifically, Nicholson stated that the veteran “refused to leave the property…became resistant…pulled away…raised his hand in an aggressive posture…did not obey commands to stop resisting…resisted on the ground…and buckled his knees in an attempt to make himself dead weight.” Those statements were false, and were made with the intent to impede, obstruct, or influence a matter that was within the jurisdiction of the United States Department of Veterans Affairs.
As a result of this arrest, the veteran spent several days in custody at the Pinellas County jail.
This case was investigated by the Department of Veterans Affairs - Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.
Florida Man and South Carolina Man Charged with Conspiring to Commit ATM Arsons in Florida and GeorgiaRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces arrests and charging by a federal complaint of Mawdo Malick Sallah (33, Clearwater, FL) and Kirk Douglas Johnson (34, Anderson, SC) for conspiring to commit arson. If convicted, Johnson and Sallah each face a mandatory minimum term of 5 years, and up to, 20 years in federal prison. They are currently detained by the Oconee County (Georgia) Sheriff’s Office pending further proceedings.
According to the
criminal complaint , Sallah and Johnson are alleged to have set explosions to several ATMs in Florida, and one in Georgia, in their effort to steal cash. In all, the pair took nearly $70,000 from explosions set to ATMs in the Tampa Bay area between November 2019 and January 2020. They were arrested on March 22, 2020, after setting off an explosion at an ATM in Watkinsville, Georgia. Though that ATM was damaged, the two were unable to obtain any cash from the machine.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 was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Anderson County Sheriff’s Office (South Carolina), the Jefferson City Police Department (Georgia), the Oconee County Sheriff’s Office (Georgia), the Athens-Clarke County Police Department (Georgia), the FBI-Middle Georgia Safe Streets Task Force (Georgia), the Greene County Sheriff’s Office (Georgia), and the Jackson County Sheriff’s Office (Georgia), with assistance from the Georgia Department of Corrections and the U.S. Attorney’s Office (Middle District of Georgia). It is being prosecuted by Assistant United States Attorney Gregory T. Nolan for the Middle District of Florida.
This case is being 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.
Jacksonville-Area Doctor Pays $850,000 to Settle Allegations She Received Illegal Kickbacks to Prescribe the Fentanyl Drug SubsysRead the Press Release
Jacksonville, FL – U.S. Attorney Maria Chapa Lopez announced today that Dr. Parveen Khanna has paid the United States $850,000 to resolve a civil False Claims Act investigation into whether she submitted false claims to the TRICARE and Medicare programs that were incentivized by illegal kickbacks.
For many years, Insys Pharmaceuticals, Inc. ran a wide-ranging scheme to increase the sales of its signature drug Subsys, a sublingual fentanyl spray that is a powerful, but highly addictive, opioid painkiller. In 2012, Subsys was approved by the Food and Drug Administration for the breakthrough treatment of persistent pain in adult cancer patients who were already receiving, and tolerant to, around-the-clock opioid therapy. Insys used “speaker programs” purportedly to increase brand awareness of Subsys through peer-to-peer educational lunches and dinners. However, the programs were actually used as a vehicle to pay bribes and kickbacks to targeted practitioners in exchange for increased Subsys prescriptions to patients and for increased dosage of those prescriptions. Dr. Khanna received money from Insys as part of its speaker program.
The settlement announced today resolves allegations that Dr. Khanna knowingly received kickbacks from Insys in exchange for prescribing Subsys. She has agreed to pay $850,000 in an ability-to-pay settlement.
“Subsys is an extremely potent drug that can have devastating consequences if prescribed to patients who should not be taking instant-release fentanyl,” said U.S. Attorney Chapa Lopez. “The United States Attorney’s Office is committed to combating the opioid epidemic by whatever means necessary.”
“Physicians who prescribe Subsys – the most powerful legal opioid in the world – solely for the purposes of financial gain do so by ignoring the dangers the drug may have on the health and well-being of their patients,” said HHS-OIG Special Agent in Charge Omar Pérez Aybar. “Working closely with our law enforcement partners, we will continue do everything we can to protect patients and hold accountable those who engage in such dangerous schemes.”
“Dr. Khanna is one of many doctors who allowed financial remuneration from a pharmaceutical company to impact patient care,” said Special Agent in Charge Cyndy Bruce of the Defense Criminal Investigative Service, Southeast Field Office. “DCIS will continue to support the U.S. Attorney’s Office and our law enforcement partners in addressing allegation of corruption impacting our military health care system.”
This case was handled by Assistant United States Attorney Shea Gibbons, the U.S. Department of Health and Human Services - Office of Inspector General, and the Defense Criminal Investigative Service.
The litigation and settlement of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Winter Park Man Indicted for Multiple Bank RobberiesRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Michael Edward Cook, Jr. (48, Winter Park) with three counts of bank robbery. If convicted on all counts, Cook faces a maximum penalty of 60 years in federal prison. The indictment also notifies Cook that the United States intends to forfeit the $6,854 he stole from the banks.
According to the indictment, between February 10 and March 6, 2020, Cook robbed three banks. On February 10, 2020, he robbed the TD Bank located at 2501 US 1 South in St. Augustine. Later that month, on February 20th, he robbed the Fifth Third Bank located at 11683 San Jose Boulevard in Jacksonville. On March 6, 2020, Cook robbed the TD Bank located at 2844 W US Highway 90 in Lake City.
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 (Jacksonville Office), the St. Johns County Sheriff’s Office, the Jacksonville Sheriff’s Office, and the Lake City Police Department, with assistance from the Federal Bureau of Investigation (Tampa/Orlando Resident Agency), the Gainesville Police Department, and the Orlando Police Department Fugitive Investigation Unit. It will be prosecuted by Assistant United States Attorney David B. Mesrobian.
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.
U.S. Attorneys, Florida AG Issue Warning Against COVID-19 Scam ArtistsRead the Press Release
Tampa, Florida – Florida’s three United States Attorneys today joined with Florida Attorney General Ashley Moody to warn scam artists that they will vigorously pursue anyone trying to capitalize on the coronavirus pandemic by cheating Florida consumers, especially the state’s vulnerable elders. The federal law enforcement team is now actively collaborating and cooperating with the state’s top prosecutor team in a concerted effort to stop the scams relating to coronavirus.
The state’s top prosecutors at the federal and state levels vowed that their offices are committed to remaining vigilant in preventing, pursuing, prosecuting, and punishing individuals and businesses that try to take advantage of the crisis for personal profit. They emphasized the importance of this effort in light of Florida’s large elderly population and reports of everything from bogus COVID-19 “cures” to phishing scams that purport to be official government health websites.
“Unfortunately, there are those who seek to exploit others in times of crisis, without regard to who they harm or the damage they cause,” said United States Attorney for the Middle District of Florida, Maria Chapa Lopez. “Those criminals should know that we will combine our resources, at every level, to investigate and prosecute them to the fullest extent of the law.”
“The real threat of this pandemic is bad enough on its own – but we are going to have zero tolerance for the added risk created by lowlife scammers who would prey on Floridians at a time when their focus needs to be on protecting their own health and well-being,” said Lawrence Keefe, United States Attorney for the Northern District of Florida. “We will be vigilant and aggressive in our efforts to find and stop anyone trying to make even one dirty dollar off the backs of anxious Floridians.”
Ariana Fajardo Orshan, the United States Attorney for the Southern District of Florida, said the risk of scams is particularly high in her district, which is home to a large portion of Florida elders and has seen many of the state’s confirmed COVID-19 cases. “As communities across our nation confront the COVID-19 pandemic, know that my office will not waver in its commitment to protecting South Floridians, including our vulnerable seniors. We are focused on COVID-19 scams and will prioritize prosecuting fraudsters who try to capitalize on this health crisis,” Fajardo Orshan said.
Earlier this week, Florida Attorney General Moody issued a strong consumer alert urging the public to beware of potential coronavirus scams when researching information about COVID-19.
“Floridians are eager for any meaningful guidance they can find about coronavirus, but they must be careful not to believe everything they hear,” said Attorney General Moody. “Scammers are expert at taking advantage of such emotions, but we cannot and will not let them succeed.”
The prosecutors’ warning comes on the heels of U.S. Attorney General William Barr’s directive on Monday for all United States Attorneys around the country to place a high priority on stopping scam artists trying to take advantage of the coronavirus situation. In a memo to the U.S. Attorneys, Barr wrote, “The pandemic is dangerous enough without wrongdoers seeking to profit from public panic and this sort of conduct cannot be tolerated.”
Some common scams being reporting around the nation include:
- Individuals and businesses selling fake cures for COVID-19 online;
- Phishing emails sent from entities posing as the World Health Organization (“WHO”) or the Centers for Disease Control and Prevention (“CDC”); and
- Malware being inserted onto mobile phones by apps pretending to track the spread of the virus.
The officials advised the public to remain vigilant during this time. Citizens should not click on computer links from sources they don’t know and be aware when it comes to donations, whether through charities or crowdfunding sites. No one should allow themselves to be rushed by another person into making a donation, and if someone wants donations in cash, by gift card, or by wiring money, don’t do it.
The three U.S. Attorneys said their offices are working with the Department of Justice’s Consumer Protection Branch, Fraud Section, and Antitrust Division to coordinate efforts to stop scammers preying on concerned Floridians. Citizens are asked to report potential scams to the FBI’s Internet Crime Complaint Center at IC3.gov. To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
Sixty-Year-Old Zephyrhills Man Charged with Attempted Online Enticement of A Minor to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the arrest and charging by criminal complaint of Lavern Lee Renninger (60, Zephyrhills) with attempted online enticement of a minor to engage in illegal sexual activity. If convicted, Renninger faces a mandatory minimum penalty of 10 years, and up to life, in federal prison and a potential life term of supervised release.
According to the
complaint , from March 3 through March 18, 2020, Renninger engaged in chats, through an online classified advertising site and through text messaging, with an individual he believed to be the mother of two minor female children. On multiple occasions during those conversations, Renninger indicated to the “mother,” actually an undercover St. Johns County Sheriff’s Office detective, his desire to engage in sexual activity with those minor children.This case was investigated by the St. Johns County 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 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.
New York Man on Parole Sentenced to Prison for Possessing Credit Card Manufacturing EquipmentRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Changa Bush (41, New York) to 15 months in federal prison for possession of credit card manufacturing equipment. The court ordered that Bush serve his federal prison sentence prior to extradition to New York for a parole violation. Bush is currently on parole out of New York State for assault causing serious physical injury and served 10 years in state prison before being paroled. He remains detained following his arrest on September 6, 2019.
According to court records, on April 12, 2019, a Flagler County Sheriff’s Office (FCSO) deputy began following a stolen vehicle being driven by Bush, who eventually pulled the car into a gas station and parked, where FCSO deputies made contact with him. Bush refused to identify himself or provide any form of identification. Subsequent to his arrest, law enforcement located the names of various individuals, and counterfeit drivers licenses, matching those on the credit cards in Bush’s possession. A fingerprint check determined that Bush’s identity and that he was wanted out of New York on a parole violation. A search of Bush’s vehicle located a magnetic stripe card writer and reader, two laptops, three thumb drives, a long range wireless adapter, and nine cell phones. A forensic examination of the items seized from the stolen vehicle revealed 37 credit card account numbers, software used to encode and decode the magnetic stripe of a credit card, and evidence of the installation of printers designed for printing identification cards.
This case was investigated by the United States Secret Service (Jacksonville Field Office) and the Flagler County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Career Offender Sentenced to over Eighteen Years in Federal Prison for Bank RobberyRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody has sentenced Derrick Coleman (41, New Port Richey) to 18 years and 4 months in federal prison for bank robbery. As part of his sentence, the court also entered a money judgment in the amount of $5,000, the proceeds of the bank robbery.
A jury found Coleman guilty on November 19, 2019.
Evidence presented at trial showed that, on June 30, 2018, Coleman visited a Chase Bank in Tarpon Springs and spoke to a teller about opening a new account. As the teller explained the process, Coleman placed a bag on the counter, told the teller that he had a gun, and demanded money from the teller. The teller complied and Coleman fled the bank with $5,000.
The Tarpon Springs Chase bank robbery was Coleman’s thirteenth bank robbery. From February 2007 through December 2007, Coleman engaged in a bank robbery spree, where he robbed or attempted to rob twelve banks in Illinois.
This case was investigated by the Federal Bureau of Investigation and the Tarpon Springs 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.
City of Margate Police Officer Charged with Soliciting A Minor for Visual Depictions of Sexually Explicit ConductRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the arrest and charging by criminal complaint of Andrew Christian Hammock (46, Boca Raton) with soliciting visual depictions of a minor engaged in sexually explicit conduct. If convicted, Hammock faces a mandatory minimum penalty of 15 years, and up to, 30 years in federal prison and a potential life term of supervised release.
According to the
complaint , Hammock was employed by the Margate Police Department as a police officer. From February 14 through March 17, 2020, Hammock engaged in chats using a social media application with whom he believed to be a 14-year-old female child. Hammock solicited the child to produce and send him child pornography on multiple occasions and indicated his desire to engage in sexual conduct with the “child,” who was actually an undercover FBI agent. Hammock was arrested at the City of Margate Police Department on March 17, 2020.This case was investigated by the Federal Bureau of Investigation (Jacksonville Office), with assistance from the Margate Police Department. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Wellington Couple Sentenced to Prison for Conspiracy to Commit Theft of Government Property and Aggravated Identity TheftRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Billy Altidor (29, Wellington) and Evanie Louis (28, Wellington) to federal prison terms for their roles in conspiracy to commit theft of government funds and aggravated identity theft. Altidor was sentenced to two years’ imprisonment, and Louis was sentenced to one year and a day in federal prison. Each was also ordered to serve two years of supervised release and pay $93,685.60 in restitution.
Altidor and Louis had pleaded guilty on July 29, 2019.
According to court documents, Louis, Altidor, and their co-conspirators used stolen personal identifiable information (PII) to access the “My Social Security” (MySSA) online portal and redirect Social Security benefit payments to accounts controlled by the conspirators. The conspirators accessed or attempted to access MySSA accounts belonging to more than 1,400 different individuals, without the victims’ knowledge or authorization.
Louis, Altidor, and their co-conspirators also used stolen PII to file false tax return and directed the fraudulently obtained tax refunds into accounts controlled by the conspirators. In addition, they used stolen identities to activate debit cards and bank accounts to receive the fraudulent tax refunds.
“Today’s sentencing is a warning to those who would steal and misuse personally identifiable information to defraud federal agencies and American taxpayers,” said Rodregas Owens, Special Agent in Charge of the Social Security Administration Office of the Inspector General, Atlanta Field Division. “We will continue to uphold the integrity and security of Social Security’s systems against this type of fraud. I want to thank the U.S. Attorney’s Office and Special U.S. Attorney Suzanne Huyler, as well as our law enforcement partners, for their efforts in holding these individuals accountable for their crimes.”
“We have made tremendous strides in the effort to combat tax-related identity theft. The vast majority of returns filed using stolen identities are stopped and never processed by the IRS,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigation. “Would-be identify thieves should know that simply submitting a false claim, even if the crook never receives the refund, is grounds for criminal prosecution. We will continue to tirelessly pursue those who are so audacious as to think that they can sneak through the cracks.”
This case was investigated by the Social Security Administration - Office of the Inspector General, the Internal Revenue Service – Criminal Investigation, and the Department of the Treasury - Office of the Inspector General. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Arsonists Sentenced to 12 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Raymy Escoto (24, Bradenton) and Phillip Uscanga (25, Bradenton) each to 12 years in federal prison for arson. Escoto and Uscanga had pleaded guilty on September 25, 2019.
According to court documents, Escoto and Uscanga were part of an ongoing criminal enterprise in Manatee County through which they and others conspired to control a geographic territory around 11th Street East in Oneco; specifically with a heavily-armed trap house that doubled as a gang headquarters and prostitute and narcotics market.
On January 1, 2016, Uscanga and a co-conspirator drove a red Mustang by the home of Julio Tellez, and the co-conspirator shot at the home but did not hit anyone. Another co-conspirator, Jordan Rodriguez, followed in another vehicle, stopped, shot again at the home, and killed Tellez. Rodriguez also shot another man in the head, but that individual survived. Shortly thereafter, Uscanga and Escoto set fire to the red Mustang. They considered the car as evidence of the shooting and sought to destroy it.
Rodriguez was sentenced to three terms of life imprisonment for his role in this case.
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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Manatee County Sheriff’s Office, and the State Attorney’s Office (Twelfth Judicial Circuit). It was prosecuted by Assistant United States Attorneys Natalie Hirt Adams and Christopher F. Murray.
Armed Career Criminal Sentenced to 15 Years for Illegally Possessing FirearmRead the Press Release
Jacksonville, FL – U.S. District Judge Marcia Morales Howard today sentenced Timothy Tijwan Doctor (42, Jacksonville) to 15 years in federal prison for possessing a firearms as a convicted felon. Due to his extensive felony criminal history, Doctor qualified as an Armed Career Criminal and faced an enhanced penalty.
According to court documents, on August 11, 2018, multiple officers from the Jacksonville Sheriff’s Office responded to a call at a home in Jacksonville. As officers arrived, they observed a crowd in front of the residence, with persons yelling, and what appeared to be a confrontation. As officers separated the individuals in the crowd, Doctor was identified as having a firearm. Officers made contact with Doctor and removed a loaded Ruger .9mm pistol from his waistband. Further investigation determined that Doctor is a multi-time convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives - Jacksonville Field Office and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
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.
Villages Dermatologist Agrees to Pay More Than $1.7 Million to Settle False Claims Act Liability for Inflated Medicare ClaimsRead the Press Release
Orlando, FL – United States Attorney Maria Chapa Lopez announces today that Dr. Thi Thien Nguyen Tran and Village Dermatology and Cosmetic Surgery, L.L.C. have agreed to pay the United States $1.744 million to resolve allegations that they violated the False Claims Act by submitting inflated claims to Medicare for wound repairs related to Mohs surgery.
The settlement relates to Dr. Tran’s submission of claims for adjacent tissue transfers performed at Village Dermatology. Dr. Tran and Village Dermatology performed wound repairs that were allegedly billed to Medicare as more complex adjacent tissue transfers, which carry a higher level of reimbursement. According to the settlement agreement, from January 1, 2011, through July 31, 2016, Dr. Tran and Village Dermatology billed for 14,000-level tissue transfers, which should have been billed as lower-level wound repairs. These submissions resulted in inflated claims that were paid by Medicare.
“Protecting federal healthcare programs and the patients who receive their care is among our top priorities,” said U.S. Attorney Maria Chapa Lopez. “The U.S. Attorney’s Office will continue to hold accountable those who inflate claims to Medicare or abuse any of our nation’s healthcare programs.”
“Physicians who seek to profit by systematically overbilling Medicare will instead pay dearly for their illegal behavior,” said Special Agent in Charge Omar Pérez Aybar of HHS-OIG. “We will continue to work closely with our law enforcement partners to thoroughly investigate such schemes.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Dr. Robert Green and Emily Kennedy. Dr. Green and Ms. Kennedy 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 Act also allows the United States to intervene and prosecute the action. Dr. Green and Ms. Kennedy will receive over $305,000 of the proceeds from the settlement with Dr. Tran and Village Dermatology.
This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida and the U.S. Department of Health and Human Services Office of Inspector General. Assistant United States Attorney Jeremy R. Bloor led the investigation.
The case is captioned United States ex rel. Green and Moore v. Tran, Case No. 5:15-cv-60-OC-41PRL. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
St. Petersburg Man Pleads Guilty to Distribution of Fentanyl Resulting in DeathRead the Press Release
Tampa, FL – John Sibley (33, St. Petersburg) has pleaded guilty to distribution of fentanyl resulting in death. He faces a minimum mandatory penalty of 20 years, and up to life, in federal prison.
According to the plea agreement, on June 16, 2019, Pinellas County Sheriff’s Office detectives and the Treasure Island Police Department’s Marine Unit found the victim’s body floating in the water in the area of 5000 92nd Street North, in St. Petersburg. Evidence of drug use was nearby. The immediate cause of death was determined to be drowning, but a medical examination revealed the presence of fentanyl and cocaine in the victim’s body and that, but for the victim ingesting fentanyl, he would not have drowned. Further investigation identified Sibley as the supplier of the fentanyl.
Four days later, an undercover detective from the Pinellas County Sheriff’s Office and a confidential source were involved in obtaining a quantity of fentanyl from Sibley. The phone Sibley used to arrange the deal was the same one that had been used to set up the fatal deal for fentanyl on June 16, 2019.
This case was investigated by the United States Drug Enforcement Administration, the St. Petersburg Police Department, and the Pinellas County Sheriff’s Office, with assistance from the Treasure Island Police Marine Unit, as part 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 and money laundering organizations and those primarily responsible for the nation’s drug supply. It was prosecuted by Assistant United States Attorney Dan Baeza.
St. Petersburg Man Pleads Guilty to Armed RobberyRead the Press Release
Tampa, Florida, Kieran Donnell Floyd (20, St. Petersburg) has pleaded guilty to robbery and brandishing a firearm during that robbery. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on August 18, 2019, Floyd entered a Shell gas station in St. Petersburg and pulled a firearm out of his shorts as he approached the cashier. Floyd pointed the firearm at the cashier and demanded money. The employee complied and handed Floyd $250 from the cash register.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tampa Police Department, and the St. Petersburg Police Department. It is being 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) — 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 Man Sentenced to 35 Years in Federal Prison for Leading Massive Drug Trafficking ConspiracyRead the Press Release
Ocala, Florida – Senior U.S. District Judge James D. Whittemore has sentenced Kevin Gene Hart (31, Ocala) to 35 years in federal prison for conspiring to distribute cocaine, heroin, and fentanyl. The court also sentenced Hart to supervised release for the remainder of his life following his release from prison.
A federal jury had found Hart guilty after a four-day jury trial on November 7, 2019. Hart was indicted, along with five co-conspirators, on March 27, 2019.
According to court documents and evidence presented at trial, between January 2012 and May 2019, Hart was the leader of a sprawling drug trafficking conspiracy that distributed hundreds of kilograms of cocaine and heroin through a network of stash houses in Marion County. Large quantities of the heroin were laced with fentanyl.
The following co-defendants previously pleaded guilty for their roles in this case and were sentenced to the following terms of imprisonment: Gary Eugene Hayes (15 years); Darren Michael Beatty (15 years); Jeremy Jermaine Willis (20 years); Kathy Suleydy (8 years, 1 month); and Deandre Amaad Williams (10 years).
This case was investigated by the Drug Enforcement Administration, the Ocala Police Department, the Unified Drug Enforcement Strike Team (UDEST), the Marion County Sheriff’s Office, and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney William S. Hamilton.
Jury Finds Tampa Man Guilty in International Drug Trafficking ConspiracyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Ahman Walton (40, Tampa) guilty of conspiring to distribute cocaine and heroin, and distributing 100 grams or more of heroin. Walton faces a maximum penalty of 40 years in federal prison. His sentencing hearing has not yet been scheduled.
Walton had been indicted on July 11, 2019.
According to testimony and evidence presented at trial, Walton was responsible for bringing cocaine into Florida from the Bahamas. In addition, in September 2018, he helped his co-conspirator procure a quarter kilogram of heroin of for nearly $20,000.
This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Natalie Adams and Gregory T. Nolan.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation and was 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.
Jury Convicts Sexual Predator of Soliciting Child Sex Abuse Videos Using A CellphoneRead the Press Release
Jacksonville, Florida – A federal jury has found Paul Edward Lee, Jr. (40, Jacksonville) guilty of knowingly soliciting a minor to produce and send pornographic videos and images depicting sexual abuse of the minor. In 2011, Lee was convicted of lascivious molestation and exhibition of a child under 12 years old and, therefore, is required to register as a sexual predator. Because of this prior conviction, Lee faces an enhanced mandatory minimum penalty of 25 years, and up to, 50 years in federal prison, and a potential life term of supervised release in this case. Lee was arrested at his residence in Jacksonville on May 2, 2018. His sentencing hearing is set for July 6, 2020.
According to evidence and testimony introduced at trial, a law enforcement officer in Illinois discovered that a 14-year-old child was having online contact with an adult male in Florida through a smart phone gaming application designed for use by children. The messages sent to the child by the adult male were increasingly graphic and sexual in nature. The FBI was able to identify this adult male as Paul Edward Lee, Jr., and discovered that Lee was a registered sexual predator living in Jacksonville.
On April 25, 2018, an FBI agent in Jacksonville posing as the minor child continued to engage with Lee through text messaging. During these communications, Lee told the “child” in graphic terms how he wanted to have sex with the child and sent several images and videos of his own genitalia to the child. Two days later, Lee repeatedly texted and solicited the child to produce and send him graphic images and videos of the child’s genitalia. When FBI agents executed a search warrant at Lee’s residence on May 2, 2018, Lee attempted to destroy his cellular telephone in an effort to conceal evidence of his activity.
This case was investigated by the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Drug Dealer Indicted for Causing an Overdose and A Death, Then Disposing of the BodyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an eight-count superseding indictment charging Sherman Michael Puckett (32, Clearwater) with one count of conspiring to distribute controlled substances, three counts of possessing controlled substances with the intent to distribute them, one count of distributing a controlled substance that caused death to its user, one count of distributing a controlled substance that caused serious bodily injury to its user, one count of using a property for the purpose of distributing controlled substances, and one count of obstructing justice. If convicted on all counts, Puckett faces a maximum penalty of life in federal prison. The superseding indictment also notifies Puckett that the United States intends to forfeit any assets that are traceable to proceeds of the offenses.
According to the superseding indictment, from at least July 23, 2018, through September 17, 2019, Puckett conspired with others to distribute fentanyl, fentanyl analogues, heroin, and methamphetamine. On July 23, 2018, law enforcement officers found Puckett in possession of fentanyl, acetylfentanyl, heroin, methamphetamine, and hydromorphone under circumstances that indicated he had intended to distribute these controlled substances to others. On September 6, 2018, law enforcement officers found Puckett in possession of fluoroisobutyryl fentanyl, heroin, and methamphetamine under circumstances that indicated he intended to distribute these controlled substances to others. In September 2018, Puckett distributed a substance that contained heroin, as well as fentanyl or a fentanyl analogues to T.W., who suffered serious bodily injury when she used the substance. From December 5 to December 8, 2018, Puckett maintained a hotel room for the purpose of distributing controlled substances to others. On December 7, 2018, Puckett distributed methamphetamine to S.C., who died from using the drug. Puckett then obstructed justice by disposing of evidence related to S.C.’s death, including her body. On September 17, 2019, law enforcement officers arrested Puckett and found him to be in possession of fluoroisobutyryl fentanyl, heroin, and methamphetamine under circumstances that indicated he intended to distribute these controlled substances to others.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the Department of Homeland Security, Homeland Security Investigations, the Pinellas County Sheriff’s Office, and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Mike Gordon.
Clearwater Man Indicted for Causing an Overdose and A Death, Then Disposing of the BodyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an eight-count superseding indictment charging Sherman Michael Puckett (32, Clearwater) with one count of conspiring to distribute controlled substances, three counts of possessing controlled substances with the intent to distribute them, one count of distributing a controlled substance that caused death to its user, one count of distributing a controlled substance that caused serious bodily injury to its user, one count of using a property for the purpose of distributing controlled substances, and one count of obstructing justice. If convicted on all counts, Puckett faces a maximum penalty of life in federal prison. The superseding indictment also notifies Puckett that the United States intends to forfeit any assets that are traceable to proceeds of the offenses.
According to the superseding indictment, from at least July 23, 2018, through September 17, 2019, Puckett conspired with others to distribute fentanyl, fentanyl analogues, heroin, and methamphetamine. On July 23, 2018, law enforcement officers found Puckett in possession of fentanyl, acetylfentanyl, heroin, methamphetamine, and hydromorphone under circumstances that indicated he had intended to distribute these controlled substances to others. On September 6, 2018, law enforcement officers found Puckett in possession of fluoroisobutyryl fentanyl, heroin, and methamphetamine under circumstances that indicated he intended to distribute these controlled substances to others. In September 2018, Puckett distributed a substance that contained heroin, as well as fentanyl or a fentanyl analogues to T.W., who suffered serious bodily injury when she used the substance. From December 5 to December 8, 2018, Puckett maintained a hotel room for the purpose of distributing controlled substances to others. On December 7, 2018, Puckett distributed methamphetamine to S.C., who died from using the drug. Puckett then obstructed justice by disposing of evidence related to S.C.’s death, including her body. On September 17, 2019, law enforcement officers arrested Puckett and found him to be in possession of fluoroisobutyryl fentanyl, heroin, and methamphetamine under circumstances that indicated he intended to distribute these controlled substances to others.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the Department of Homeland Security, Homeland Security Investigations, the Pinellas County Sheriff’s Office, and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Mike Gordon.
Repeat Sex Offender Who Possessed Child Pornography and Failed to Register as A Sex Offender Sentenced to Thirty Years in PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Jason Matthew Zeller (42, Orlando) to 30 years in federal prison for receiving child pornography and for failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).
Zeller had pleaded guilty on October 28, 2019.
According to court documents, on December 16, 2009, Zeller was convicted in the 24th Judicial District Court in Jefferson Parish, Louisiana for possessing pornography involving juveniles. On January 5, 2010, Zeller was sentenced to a term of three years’ imprisonment. Zeller was also required to register as a sex offender following his release from prison.
On January 7, 2019, Zeller was located and arrested in Seminole County, Florida on a Louisiana fugitive warrant. At the time of his arrest, Zeller stated that he had been in the central Florida area for approximately a year and a half, and had been living in the woods in Longwood. Zeller also admitted to accessing the internet via a cellphone, in violation of his conditions of release. Zeller used the mobile device to access various internet applications, which law enforcement has identified as being used for the online exchange of child pornography.
A search and forensics analysis of the cellphone revealed 17 videos and more than 600 images of child pornography, including an image received on December 24, 2018. That image showed a young girl being raped by an adult male.
Following his sex offense conviction in Louisiana, Zeller had an obligation to register in Louisiana and in any state where he later resided. Zeller was supposed to register again in Louisiana on January 1, 2017, but never did because he had absconded. Zeller was supposed to appear in court in Louisiana on January 7, 2017, for a solicitation of a minor charge, but failed to appear.
On January 7, 2019, the United States Marshals Service located Zeller in Altamonte Springs, where he admitted to law enforcement that he had not registered as a sex offender in Florida. A search by law enforcement showed that Zeller neither updated his Louisiana registration with a Florida residence, nor registered as a sex offender in Florida, as required by SORNA.
This case was investigated by the Federal Bureau of Investigation and the United States Marshals Service. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Leader of Massive Lee County Drug Ring Sentenced to Life in PrisonRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Tony Wilson, Jr. (31, LeHigh Acres) to life in federal prison for conspiring to distribute cocaine base (crack cocaine), heroin, and fentanyl; distribution of fentanyl; and possessing multiple firearms as a convicted felon. The court also sentenced Wilson to a five-year mandatory, consecutive term of imprisonment for possessing a firearm in relation to a drug trafficking offense. Wilson was also ordered to forfeit a gold chain and pendant valued at over $80,000 and tens of thousands of dollars in cash, which were traced to proceeds of the offense.
According to court documents and evidence, Wilson (a/k/a “Big Homie” and “Caine”) was the head of a large drug distribution ring operating from 2013 until 2018 in the Suncoast Estates neighborhood of North Fort Myers, Florida. The organization occupied several houses and trailer homes in Suncoast Estates, inside which dealers worked side-by-side to distribute controlled substances to customers. The organization also used other homes (so-called “safe houses”) in Suncoast to store bulk drugs and proceeds, and to manufacture crack cocaine for distribution.
During its investigation of the ring, law enforcement conducted dozens of undercover drug purchases from Wilson’s dealers in Suncoast. They also executed multiple search warrants resulting in the seizure of tens of thousands of dollars, multiple firearms, and large quantities of cocaine base, heroin, and fentanyl. Evidence collected demonstrated that the organization often generated more than $10,000 per day in sales.
To date, the United States Attorney’s Office for the Middle District of Florida has secured the convictions of 18 members of the conspiracy. Wilson, its leader, is the 16th to be sentenced. The following is a list of defendants who have been charged in the United States District Court for the Middle District of Florida, Fort Myers Division, including the status of their prosecution:
Defendant
Charge(s)
Case Status
Tony Wilson, Jr. (31, Lehigh Acres)
Conspiracy to distribute controlled substances, distribution of controlled substances, and firearms offenses
Sentenced to life in prison, plus five years
Elizabeth Kuc (47, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 30 years in federal prison
William Thomas (26, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 24+ years in federal prison
Eileen Smith (22, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 13 years in federal prison
Tyrome Wright (46, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 12+ years in federal prison
Darniel Williams (24, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 11+ years in federal prison
Michael Perez (38, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 11+ years in federal prison
Patrick Graham (25, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 5+ years in federal prison
Danielle Hallmon (32, Bokeelia)
Conspiracy to distribute controlled substances
Sentenced to 10+ years in federal prison
Malik Timbers (26, St. Petersburg)
Conspiracy to distribute controlled substances
Sentenced to 10+ years in federal prison
Kenneth Tippins (48, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 9+ years in federal prison
James Estrella (50, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 8+ years in federal prison
Christopher Connor (30, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 7+ years in federal prison
Dorothy Rochford (27, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 6 years in federal prison
Michelle Gladys (49, North Fort Myers)
Distribution of a controlled substance
Sentenced to 33 months in federal prison
Samantha Badger (23, North Fort Myers)
Distribution of a controlled substance
Sentenced to 15 months in federal prison
Jeffrey Beard, II (29, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances
Pleaded guilty, faces up to 40 years in federal prison
Monique Moore (47, North Fort Myers)
Conspiracy to distribute controlled substances
Pleaded guilty, faces up to life in federal prison
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Michael Leeman and Trent Reichling.
Pasco Man Responsible for Numerous Overdoses at Pasco County Jail Sentenced to 27 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced Timothy CathCart (33, Pasco County) to 27 years in federal prison for conspiracy to distribute and possession with the intent to distribute a substance containing detectable amounts of fentanyl and norfentanyl, the use of which resulted in serious bodily injury to multiple individuals.
CathCart had pleaded guilty on November 1, 2019.
According to court documents, CathCart was part of a drug trafficking organization (DTO) that conspired to distribute fentanyl and methamphetamine throughout the Middle District of Florida. In January 2019, CathCart was arrested for a traffic violation in Pasco County. Moments before his arrest, he concealed approximately seven grams of fentanyl, which he had mixed with seven grams of gabapentin and methamphetamines. CathCart then smuggled the controlled substances inside the Pasco Jail.
Between January 24 and January 25, 2019, CathCart distributed the fentanyl he had smuggled to three inmates in the Pasco Jail. All three inmates lost consciousness, overdosed, and suffered serious bodily injury.
On February 1, 2019, two additional inmates overdosed from the substances that CathCart had smuggled into the jail. One inmate was successfully revived and eventually regained consciousness. The second inmate died. A postmortem toxicology report concluded that the individual suffered an accidental death caused by fentanyl toxicity.
This case was investigated by the Drug Enforcement Administration and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Diego F. Novaes.
Lakeland Man Sentenced to 30 Years for Firearm OffenseRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Felix Antequera Rivera, Jr. (33, Lakeland) to 30 years in federal prison for possessing a firearm as a convicted felon.
A jury had found Rivera guilty on December 10, 2019.
According to court documents and evidence presented at trial, on June 15, 2018, officers from the Lakeland Police Department were patrolling an apartment complex when they observed Rivera who appeared to have a large object concealed in his waistband. When the officers approached Rivera, he turned, walked in the opposite direction, and attempted to enter a friend’s apartment. Rivera then tried to slip out of a backpack that he was wearing and attempted to flee. A prolonged struggle involving Rivera and four police officers ensued, during which Rivera reached for a firearm in his pants, struck a police officer in the head with handcuffs, and grabbed at the officers’ firearms and tasers. Officers eventually seized from Rivera a Sig Sauer pistol loaded with 11 rounds of ammunition.
Rivera has a long and violent criminal history, including convictions for armed robbery with a firearm, felony battery, and aggravated assault with a deadly weapon, and is therefore prohibited from possessing firearm or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lakeland Police Department. It was prosecuted by Assistant United States Attorney Frank 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.
Jacksonville Woman Pleads Guilty to Submitting False Claims for FEMA Benefits Involving Hurricane IrmaRead the Press Release
Jacksonville, Florida – Bernita Willette Carswell (36, Jacksonville) pleaded guilty to disaster assistance fraud involving FEMA benefits. She faces up to 30 years in federal prison and payment of restitution to the United States in the amount of $15,024.80. Carswell was arrested on January 15, 2020.
According to court documents, on September 13, 2017, Carswell made an application online for disaster assistance to FEMA. In the application, she claimed that her primary residence in Jacksonville suffered storm damage, that she was displaced from her primary residence, and that she was forced to move to a rental property in Jacksonville. In support of her application for benefits, she submitted a lease agreement for the rental property in Jacksonville.
In reliance on the statements made by Carswell in her application and the lease agreement, FEMA paid Carswell rental assistance totaling $15,024.80.
Investigation by the Department of Homeland Security-Office of Inspector General determined that Carswell’s statements to FEMA were false. Her residence in Jacksonville was not damaged, she lived there through and after Hurricane Irma, and the lease agreement she had submitted to FEMA was fraudulent.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. This case was investigated by the Department of Homeland Security-Office of Inspector General with assistance from Homeland Security Investigations Jacksonville Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. You may also visit www.justice.gov/usao-mdfl.
Florida Doctor Pleads Guilty to False Statement Relating to Prescribing OpioidsRead the Press Release
Tampa, Florida – Richard De La Cruz (55, Jacksonville) has pleaded guilty to making false statements relating to health care matters in connection with writing opioid prescriptions. De La Cruz faces a maximum penalty of five years in federal prison.
According to the plea agreement, De La Cruz was a Florida-licensed physician who worked for MD2U, a now-shuttered, Kentucky-based company that provided a network of in-home primary care for patients. MD2U commonly used nurse practitioners, instead of physicians, to conduct in-person examinations and evaluations of patients in the Tampa Bay area, including those who were prescribed opioids.
In mid-2014, the Florida Board of Medicine (“FBOM”) determined that De La Cruz and MD2U’s practice of prescribing controlled substances without an in-person evaluation by a physician violated Florida medical standards and regulations. Contrary to the FBOM ruling, De La Cruz continued to write opiate prescriptions to MD2U patients without personally meeting with and evaluating the patients. De La Cruz concealed this in claims later submitted to Medicare for payment of the opiate prescriptions.
This case was investigated by the U.S. Department of Health and Human Services Office of Inspector General and the Middle District of Florida Opioid Fraud and Abuse Detection Unit. The Opioid Fraud and Abuse Detection Unit was created by the Department of Justice to focus on opioid-related health care fraud, using data to identify and prosecute individuals who contribute to the prescription opioid epidemic. It is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Greg Pizzo.
Phony Immigration Attorney Who Filed More Than 215 Fraudulent Asylum Applications IndictedRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of a 25-count indictment charging Elvis Harold Reyes (56, Brandon) with 8 counts of mail fraud, 8 counts of making false statements in immigration documents, and 9 counts of aggravated identity theft. If convicted, Reyes faces a maximum penalty of 20 years in federal prison for each count of mail fraud, up to 15 years’ imprisonment for each false statement count, and a mandatory, consecutive term of two years’ imprisonment for the aggravated identity theft counts.
According to the
indictment , Reyes, who owned and operated EHR Ministries Inc., portrayed himself as an immigration attorney, pastor, accountant, immigration expert, former immigration official, and former federal law enforcement officer. Reyes is not and has never been a licensed attorney. Reyes targeted undocumented immigrants from Spanish-speaking countries who were seeking Florida driver licenses and work authorization. He gave false, inaccurate, and incomplete legal and immigration advice to victims in order to induce them to retain his services and those of EHR Ministries.Victims retained and paid Reyes to represent them in immigration-related matters before U.S. Citizenship and Immigration Services (USCIS) and other agencies. Reyes allegedly filed fraudulent immigration applications in the victims’ names, seeking asylum relief and withholding-of-removal protections provided for under the United Nations Convention Against Torture. In doing so, Reyes falsified answers to questions in the asylum applications—fabricating stories about threats, persecution, and the applicants’ fear of returning to their native countries. Reyes did not inform the victims of the answers that he had provided on their behalf. He also did not inform the victims about the legal, administrative, and other immigration-related consequences that might follow from filing for asylum relief or for Convention Against Torture protection.
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.
Reyes is believed to have filed more than 215 fraudulent applications, with intended losses to victims exceeding $1 million. Any person who was, or knows of someone who may have been, a possible victim is urged to contact the Department of Homeland Security, Homeland Security Investigations, at 1-866-DHS-2ICE or http://www.ice.gov/webform/hsi-tip-form.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations, the United States Citizenship and Immigration Service, and the Hillsborough County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Frank Murray.