Middle District of Florida

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that U.S. District Judge William F. Jung today sentenced Manuel Alfonso Munoz (48, Tampa) to 9 years and 3 months in federal prison for selling cocaine. 

Munoz had pleaded guilty on February 27, 2019.

According to court documents, Munoz sold cocaine to a confidential informant on six occasions. The total amount of cocaine sold by Munoz was over 400 grams.

This case was investigated by the Drug Enforcement Administration and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.

Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Marqui M. Newton (28, Tampa) to 3 years and 10 months in federal prison for being a felon in possession of a firearm. The court also ordered Newton to forfeit the firearm and ammunition used in the offense.

Newton had pleaded guilty on October 18, 2019.

According to court documents, Newton was a passenger in a vehicle that fled from officers during a traffic stop. After the car eventually came to a stop, Newton got out of the car and fled on foot behind a building. Officers in a police helicopter observed Newton drop something, and when officers on the ground went to investigate, they discovered a loaded gun with Newton’s fingerprints on it.

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

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

This 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.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Damian Sierra (41, Port St. Lucie) with possessing 500 grams or more of cocaine with the intent to distribute. If convicted, Sierra faces a mandatory minimum sentence of 5 years, up to 40 years, in federal prison. 

According to the indictment, on February 21, 2019, Sierra possessed 500 grams or more of cocaine with an intent to distribute it.

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 and the Manatee County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Callan Albritton.

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Zane C. Brassfield (25, Tampa) to two years and four months in federal prison for being a felon in possession of a firearm.         

Brassfield had pleaded guilty on October 22, 2019.

According to court documents, Brassfield brought a .50 caliber rifle to a gun store and attempted to sell the firearm to the licensed dealer. However, store employees declined to purchase the firearm from him. Upon leaving the store, Brassfield left the rifle by a trash can outside, where it was recovered. As a previous convicted felon, Brassfield is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Callan Albritton.

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

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Deontres Javan Taylor (26, Jacksonville) with disaster assistance fraud related to Hurricane Irma. If convicted, Taylor faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States.

According to the indictment, in September 2017, when submitting an application for assistance to the Federal Emergency Management Agency’s (FEMA) Individuals and Households Program for Hurricane Irma, Taylor falsified records concerning his primary residence in Jacksonville.

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

This case is 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. It will be 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.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Bobby Morlen (54, Deltona) guilty of two counts of theft of government funds. Morlen faces a maximum penalty of 10 years in federal prison on each count. His sentencing hearing is scheduled for April 8, 2020.

Morlen had been indicted on September 11, 2019.

According to evidence presented at trial, Morlen’s mother was receiving benefits from the Social Security Administration (SSA) and the U.S. Department of Veterans Affairs (VA). She died on August 18, 2014. The death of Morlen’s mother was not reported to the SSA or the VA, and the agencies continued to make benefit payments into her bank account. Morlen was a joint account holder on the account into which his mother’s benefits were being deposited. He used the funds deposited by the SSA and the VA after her death for his own personal expenses.

The total loss the SSA and the VA in this case is approximately $140,670.

This case was investigated by the Social Security Administration Office of the Inspector General and the Department of Veterans Affairs Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Bernita Willette Carswell (36, Jacksonville) with disaster assistance fraud related to Hurricane Irma. If convicted, Carswell faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States. Carswell made her initial appearance in federal court on January 15, 2020. Her arraignment is set for January 22, 2020.

According to the indictment, in September 2017, when submitting an application for assistance to the Federal Emergency Management Agency’s (FEMA) Individuals and Households Program for Hurricane Irma, Carswell falsified records concerning damage to her primary residence and the need to move to a rental property in Jacksonville.

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

This case is 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. It will be 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.

Jacksonville, Florida – Jamarius Tillie (28, Jacksonville) today pleaded guilty to aiding and abetting the theft of firearms from federally licensed firearms dealers and conspiring to steal firearms from such dealers. He faces a maximum penalty of 10 years in federal prison for the theft charge and up to 5 years in federal prison for the conspiracy charge. A sentencing date has not yet been set.

According to the plea agreement, members of Tillie’s theft ring stole more than 10 firearms from at least 4 licensed firearms dealers in Jacksonville. While Tillie and others distracted the sales staff in these stores, another member of the ring would sneak behind the counters and steal firearms. Tillie kept some guns for himself, but sold the majority of them to a local drug dealer. For assisting Tillie, members of the theft ring were sometimes paid with crack cocaine. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

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, FL – U.S. District Judge Marcia Morales Howard has sentenced six individuals in connection with a conspiracy to distribute marijuana and, with respect to four of the defendants, conspiracy to commit money laundering. Bao The Khuong (47, San Jose, CA) was sentenced to 5 years in federal prison, Hai Phi Tran (28, Jacksonville) was sentenced to 3 years in federal prison, Tantai Vo (30, Jacksonville) was sentenced to 26 months in federal prison, Phuc Nguyen Hoang (28, Jacksonville) was sentenced to 23 months in federal prison, Ray Thomas Balintucas (31, Jacksonville) was sentenced to 20 months in federal prison, and Hoi Nguyen (38, Orlando) was sentenced to 16 months in federal prison. Tantai Vo was also sentenced for the unlawful possession of a firearm and was ordered to forfeit his firearm and ammunition. In addition, Khuong was ordered to forfeit at least $1 million in proceeds, and Tran was ordered to forfeit assets of up to $500,000, all of which are traceable to proceeds of the offenses.  

All of the defendants had previously pleaded guilty.

According to court documents, beginning as early as April 2014, Khuong served as the source of supply for marijuana from California to Jacksonville. He received approximately $30,000 in marijuana proceeds from Tran, and Tran’s associates in Jacksonville, several times a week for at least 18 months. Hoang assisted Khuong and Tran in moving marijuana and marijuana proceeds between California and Jacksonville, and with packaging marijuana in California for shipment to Tran in Jacksonville. Khuong also supplied Vo with marijuana from California, which he sent to Vo in Jacksonville. Nguyen served as a secondary source of supply of marijuana to Vo. Vo sold at least 700 pounds of marijuana to Balintucas during the course of the conspiracy. At the time of Vo’s arrest, he was delivering 4 pounds of marijuana to Balintucas, and was carrying a loaded 9mm semi-automatic pistol.         

“This sentencing is another example of how strong law enforcement partnerships impacted both violence and drug trafficking in our continued efforts to protect the public,” said ATF Special Agent in Charge Daryl McCrary. “Being one of the cornerstones of our Project Safe Neighborhoods Initiative, our strong law enforcement partnerships continue to mitigate nefarious individuals from committing further acts of drug trafficking and violence in communities.”

“Dismantling this organization is a big win for the people of Northern Florida,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigation’s Tampa Field Office. “This case took drugs, guns, and dirty money off our streets and out of the hands of criminals. We take our commitment to fighting narcotics and related financial crimes seriously, and we will continue to work with our law enforcement partners to track down and prosecute offenders.”

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the U.S. Marshals Service, Homeland Security Investigations, and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorneys Kelly S. Karase and Bonnie Glober.

Tampa, Florida– U.S. District Judge Susan C. Bucklew has sentenced Lelia Vanessa Perdomo Zapata (26, Colombia, South America) to 15 years in federal prison for conspiracy to distribute and to possess with the intent to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States, for possession with the intent to distribute five kilograms or more of cocaine on that vessel, and for perjury.

A federal jury had found Zapata guilty on September 3, 2019.

According to trial evidence, Zapata was the Colombian load guard for a Cartagena, Colombia-based cocaine smuggling crew and part of an international maritime drug smuggling operation involving at least 440 kilograms of cocaine, worth approximately $13 million. Prior to their interdiction by the U.S. Coast Guard (USCG), Zapata and one of her co-conspirators were transporting 18 bales of cocaine onboard a 60-foot sailing vessel from Cartagena to Cancun, Mexico. Ultimately, USCG law enforcement officers from Tactical Law Enforcement Team (TACLET) Pacific boarded the sailing vessel and discovered 18 bales of cocaine and multiple electronic devices consistent with cocaine trafficking. Subsequent analyses of these devices yielded crucial digital evidence of the cocaine smuggling operation.  

During trial, Zapata testified under oath for nearly seven hours and made numerous statements that were demonstrably false.

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. 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. The case was prosecuted by Assistant United States Attorney Diego F. Novaes and Special Assistant United States Attorney Nicholas DeRenzo.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Deannajo White (39, Suwannee County) with disaster assistance fraud related to Hurricane Irma. If convicted, White faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States.

According to the indictment, in September 2017, White falsified records concerning her primary residence when submitting an application for assistance to the Federal Emergency Management Agency’s (FEMA) Individuals and Households Program for Hurricane Irma.

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

This case is 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, the Suwannee County Sheriff’s Office, and the Gilchrist County Sheriff’s Office. It will be 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.

A Florida couple pleaded guilty yesterday in federal court to violating the Lacey Act for their role in trafficking protected wildlife, announced Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division.

In a plea agreement with the government, Novita Indah, 49, and Larry Malugin, 52, admitted to illegally importing wildlife from Indonesia to their Port Richey home and reselling the wildlife across the country and internationally.

A grand jury indicted the defendants in June 2019 on charges of conspiracy, smuggling, and Lacey Act violations. The defendants admitted that from Oct. 4, 2011, through Jan. 12, 2017, they imported and resold Southeast Asian wildlife in the forms of taxidermy mounts, bones, skins, belts and wallets. The wildlife species included slow loris, babirusa (a rare Indonesian pig prized for its distinctive curving tusks), leopard cat, macaque, lutung, langur, spitting cobra, krait snake, monitor lizard, barn owl and reticulated python. The defendants did not sell any live animals.

Indah and Malugin sold approximately 3,100 wildlife items using eBay to buyers across the United States and the world valued at a total of $211,212. They began trafficking while living in Indonesia and continued to do so as they moved to Puerto Rico and ultimately Florida in 2013. They smuggled the items to purchasers in the United States in packages falsely labeled to conceal their contents.

The U.S. Fish and Wildlife Service (USFWS) seized approximately 369 wildlife articles from the defendants’ home during a Jan. 12, 2017, search warrant. The agents recovered four spitting cobra mounts, one python mount, one krait snake mount, 156 assorted snakeskins, 99 monitor lizard skins, 87 snakeskin and lizard skin wallets, 20 belts with snake heads and a babirusa skull.

All of the wildlife was protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The United States, Indonesia, and approximately 181 other countries are signatories to CITES, which provides a mechanism for regulating international trade in species whose continued survival is threatened by trade. The Lacey Act is the nation’s oldest wildlife trafficking law and, among other things, prohibits selling wildlife that had been illegally brought into the country.

USFWS and U.S. Customs inspectors repeatedly seized packages shipped by Indah and Malugin, but they continued to sell wildlife using multiple eBay and PayPal accounts. This investigation was part of Operation Global Reach, a USFWS long-term taskforce into the flow of illegal wildlife from Indonesia to the United States.

Sentencing has not yet been scheduled. The defendants agreed to forfeit the wildlife seized from their house.

The USFWS Office of Law Enforcement in Redmond, Washington, led the investigation, with the aid of USFWS agents and inspectors in California and Florida and the support of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Trial Attorneys Ryan Connors and Matthew Evans of the Environmental Crimes Section represent the government, with assistance from Assistant U.S. Attorney Kelley Howard-Allen of the Middle District of Florida.

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

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Johnny Lee Thornton, Jr. (27, Fort Myers) to four years and seven months in federal prison for possessing a firearm as a convicted felon. The court also ordered him to forfeit the firearm used in the offense. Thornton had pleaded guilty on October 23, 2019.

According to court documents, on February 8, 2019, officers from the Fort Myers Police Department located a loaded firearm under a parked vehicle that Thornton had been standing near. Subsequent forensic analysis of the firearm linked it to Thornton. As a previously convicted felon, Thornton is prohibited from possessing firearms or ammunition under federal law.

This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Trent Reichling.

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.

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Mark Edward Zywotko (47, Cape Coral) to 60 days in federal prison, followed by 3 years of supervised release, for committing mail fraud in the perpetration of a fraudulent scheme to overharvest more than 50,000 pounds of Gulf reef fish from the waters off Southwest Florida. As part of his sentence, the court also ordered Zywotko to forfeit $286,260.74, representing the amount of proceeds he obtained as a result of the offenses, and to pay $291,884.69 in restitution to the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS).

Zywotko had pleaded guilty on August 2, 2019.

According to court documents, Zywotko was the captain of the Pine Island-based fishing vessel Little Z. From January 2013 through December 2017, Zywotko illegally overfished and sold at least 50,971 pounds of federally-regulated Gulf reef fish, including Red Grouper and Red Snapper, having a wholesale value of approximately $286,260.74. Zywotko then submitted false documents to state and federal agencies, including the NOAA’s NMFS, in order to conceal his overfishing.

“The prosecution of this case and the court's sentencing underscores the severity of this violation to our nation's marine resources and the businesses that depend on them,” said Tracy Dunn, Assistant Director, NOAA Office of Law Enforcement. “NOAA OLE will continue to pursue violations of the Individual Fishing Quota (IFQ) program and encourages the reporting of suspected IFQ violations to law enforcement.”

This case was investigated by National Oceanic and Atmospheric Administration National Marine Fisheries Service’s Office of Law Enforcement, Southeast Division and the Florida Fish and Wildlife Conservation Commission. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.

 

Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Andres Fernandez (38, Orlando) to 10 years in federal prison for wire fraud. As part of his sentence, the court also entered a money judgment of $14.98 million, representing the losses suffered by the victims of Fernandez’s fraud scheme.  Fernandez had pleaded guilty to 12 counts of wire fraud on August 6, 2019.

According to court documents, Fernandez orchestrated an investment scheme that defrauded at least 81 victims out of millions of dollars. Fernandez solicited individuals to invest in concert events that he claimed were being produced by his companies – Kadaae Entertainment Corporation and Kadaae LLC. He told his victims that their investment would be used to fund specific concert events for artists including Julio Iglesias, Pitbull, Nicky Jam, Garth Brooks, Ana Gabriel, and Drake, and promised a return of up to 100 percent on the investments. As part of the scheme, Fernandez used fake contracts and other false documents to convince victims that he and his companies were under contract to produce the events. In fact, neither Fernandez nor his companies were involved in most of the events he had solicited to his victims.  

Fernandez used the funds sent by investors for his own personal use and to pay fraudulent investment returns to earlier investors. 

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Tampa, FL – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Lori Owen (48, Holiday) with 14 counts of fraud, 4 counts of money laundering, and 2 counts of aggravated identity theft. If convicted, Owens faces a maximum penalty of 20 years in federal prison for each fraud count, 10 years in federal prison for each money laundering count, and 2 years’ consecutive imprisonment for the identity theft counts. The indictment also notifies Owen that the United States is seeking a money judgment of at least $264,260, the proceeds of the alleged offenses. 

According to the indictment, Owen, and others, recruited individual “straw account owners” to open bank accounts for the purpose of depositing money that had been extorted from victims of tax impersonation calls.

The victims in the scheme were contacted by callers who falsely represented themselves as officials with the Internal Revenue Service, the Canadian tax authorities, or local law enforcement officers demanding payment for federal income taxes, or other financial obligations. The fraudulent callers told the victims that, if they failed to pay these purported obligations, they, or their family members, would face arrest, prosecution, or other legal consequences. Owen, and others, monitored the straw bank accounts in order to verify the victims’ deposits and ensure timely withdrawals by the straw account owners. The straw account owners withdrew the funds in cash and turned them over to Owen (and others), often less a payment to the straw account owner for opening the account or conducting the transaction.

As to the telemarketing fraud scheme, Owen and others recruited an individual to be the owner of a Florida business and open bank accounts in the business name, for the purpose of depositing the proceeds of a sweepstakes fraud. Owen’s conspirators called elderly victims and falsely represented that they were with the Publisher’s Clearing House lottery and that the victim had won millions of dollars. The callers induced the victims to provide financial information and to send large cashier’s checks to this company in Florida, by falsely claiming that advance taxes had to be paid in order to collect the full amount of the alleged lottery winnings. Owen, and others, then laundered the proceeds of this fraud scheme. 

In 2018, Owen’s former husband, David Owen, and son, Andrew Corrigan, were convicted and sentenced to 130 and 120 months’ imprisonment, respectively, for the same criminal conduct.

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

This case was investigated by the Internal Revenue Service – Criminal Investigation, the Treasury Inspector General for Tax Administration (TIGTA), the Federal Bureau of Investigation, United States Postal Inspection Service, the Pinellas County Sheriff’s Office, the Pasco Sheriff’s Office, the Largo Police Department, the Gulfport Police Department, and the Royal Canadian Mounted Police. It will be prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Rachel Jones.

Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Lamont Guinyard (30, Gulfport) to four years and three months in federal prison for possessing a firearm as a convicted felon. Guinyard had pleaded guilty on April 8, 2019.

According to testimony and evidence presented at today’s sentencing hearing, in October 2018, Guinyard fired a gun into an occupied residence. Several individuals were inside the home at the time. One bullet entered, and was recovered from, a young child’s room. The child was not harmed.  

At the time, Guinyard had multiple prior felony convictions and is, therefore, prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Tampa, Florida – The United States Court of Appeals for the Eleventh Circuit in Atlanta has affirmed the convictions of former United States Congresswoman Corrine Brown for various fraud and tax offenses. The Court also upheld the district court’s order that Brown forfeit more than $600,000 in proceeds she obtained from her crimes.

In 2017, a jury in Jacksonville found Brown guilty of 14 separate fraud crimes related to her One Door for Education charitable organization, as well as 4 income tax crimes. Brown’s co-conspirators (Elias “Ronnie” Simmons, her long-time Chief of Staff and Carla Wiley, the president of the fraudulent charity) pleaded guilty to their roles in the scheme. The district court sentenced Brown to serve 60 months in prison and to forfeit and pay restitution of $664,292.39. Brown appealed her convictions and the forfeiture order to the United States Court of Appeals for the Eleventh Circuit. The Court heard oral argument in February 2019.

In a lengthy opinion, the Court of Appeals affirmed all of Brown’s convictions and the forfeiture order. Brown had challenged her convictions based on the district court’s dismissal of a juror who, during deliberations, had said that the Holy Spirit told him that Brown was not guilty on all counts. In upholding Brown’s convictions, the Court of Appeals held that the district court had not clearly erred in finding that the juror, “despite his best intentions,” “was not capable of rendering a verdict rooted in the evidence presented at trial.” And the Court of Appeals concluded, therefore, that “the district court certainly did not abuse its discretion in dismissing [the juror] from the jury.” The Court added, “Though here, the juror’s perceived divine revelation might have worked in the criminal defendant’s favor had the district court not learned of it mid-deliberations, a contrary holding would allow criminal defendants to be convicted based on a divine revelation divorced from the evidence, rather than the evidence presented at trial—a troubling result, to say the least.” One judge on the panel, the Honorable William Pryor, dissented from the Court’s opinion.           

The appeal was handled by Assistant United States Attorney David Rhodes. The underlying case—including an eight-day trial—was prosecuted by Assistant U.S. Attorneys A. Tysen Duva and Michael J. Coolican, and Eric G. Olshan, then of the Criminal Division’s Public Integrity Section and now an Assistant U.S. Attorney in the Western District of Pennsylvania. The FBI and IRS-Criminal Investigation investigated the case. 

The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Punch It Performance and Tuning and Michael Paul Schimmack — and other companies and individuals close to Schimmack (Defendants) — resolving alleged violations of the Clean Air Act (CAA) associated with the manufacture and sale of aftermarket products that defeat the emissions control systems of motor vehicles. The complaint also alleged that certain defendants fraudulently transferred assets after learning of the EPA claims in an effort to avoid payment of penalties in the case.

Under the settlement, lodged today with the U.S. District Court for the Middle District of Florida, defendants, who have stopped manufacturing and selling defeat device products, will pay a civil penalty of $850,000. The defendants also agree to stay out of the business of selling the illegal products, to surrender the computer code used in the products and to stop providing technical and warranty support for the defeat devices already sold.

“Companies and individuals who deal in aftermarket defeat devices are threatening the public’s health and violating federal law,” said Assistant Attorney General Jeffrey Bossert Clark. “The Department of Justice is committed to ending this illegal trade, seeking justice for those harmed from this fraudulent activity, and encouraging compliance in the automotive industry through strong enforcement.”

“EPA will vigorously pursue and prosecute companies who attempt to circumvent emission controls that are required to reduce air pollution,” said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “This case illustrates why stopping the manufacture, sale, and installation of aftermarket defeat devices is an EPA National Compliance Initiative.”

“The Middle District of Florida remains committed to enforcing the Clean Air Act,” said U.S. Attorney Maria Chapa Lopez. “The settlement announced today is a clear statement of our office’s commitment to protect our citizens and the environment.” 

The defendants manufactured and/or sold more than 20,000 aftermarket defeat devices. These products were designed for a range of certified motor vehicles and motor vehicle engines including vehicles manufactured by Ford, General Motors, and Fiat Chrysler. The aftermarket products sold by defendants included hardware components and electronic tuning software, known as “tunes,” that hack into and reprogram a motor vehicle’s electronic control module to alter engine performance and enable the removal of filters, catalysts and other critical emissions controls that reduce air pollution.

Under the CAA, it is illegal to manufacture or sell parts or components for motor vehicles and motor vehicle engines that bypass, defeat, or render inoperative elements of design that were installed by the vehicle or engine original equipment manufacturer to comply with CAA emission standards. The complaint filed in the case alleges that each act of manufacturing and each sale constitutes a violation of the CAA.

In addition, the complaint asserts that after EPA notified the defendants in 2016 of its intent to take enforcement action, the corporate defendants transferred real estate and large sums of money to one or more of the individual defendants in their personal capacities. The U.S. alleges these were fraudulent transfers under the Federal Debt Collection Procedures Act.

In addition to their civil penalty of $850,000, defendants will also do the following:

• Surrender all intellectual property to EPA, including programming, files, software, source code, design, instructions, or other information that could be used to manufacture tunes;
• Certify that no products have been manufactured or sold since March 2017;
• Certify that no intellectual property has been transferred to any party other than EPA; and
• Refuse to provide technical support or honor warranty claims for products subject to the consent decree.

EPA has recently begun a National Compliance Initiative on Stopping Aftermarket Defeat Devices for Vehicles and Engines. To read about EPA’s National Compliance Initiative visit: https://www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines.

The proposed settlement is subject to a 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.

To learn more about today’s settlement click here.

Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here:  https://echo.epa.gov/report-environmental-violations.

Orlando, FL – The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Punch It Performance and Tuning and Michael Paul Schimmack — and other companies and individuals close to Schimmack (Defendants) — resolving alleged violations of the Clean Air Act (CAA) associated with the manufacture and sale of aftermarket products that defeat the emissions control systems of motor vehicles. The complaint also alleged that certain defendants fraudulently transferred assets after learning of the EPA claims in an effort to avoid payment of penalties in the case.

Under the settlement, lodged today with the U.S. District Court for the Middle District of Florida, defendants, who have stopped manufacturing and selling defeat device products, will pay a civil penalty of $850,000. The defendants also agree to stay out of the business of selling the illegal products, to surrender the computer code used in the products and to stop providing technical and warranty support for the defeat devices already sold.

“Companies and individuals who deal in aftermarket defeat devices are threatening the public’s health and violating federal law,” said Assistant Attorney General Jeffrey Bossert Clark. “The Department of Justice is committed to ending this illegal trade, seeking justice for those harmed from this fraudulent activity, and encouraging compliance in the automotive industry through strong enforcement.”

“EPA will vigorously pursue and prosecute companies who attempt to circumvent emission controls that are required to reduce air pollution,” said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “This case illustrates why stopping the manufacture, sale, and installation of aftermarket defeat devices is an EPA National Compliance Initiative.”

“The Middle District of Florida remains committed to enforcing the Clean Air Act,” said U.S. Attorney Maria Chapa Lopez. “The settlement announced today is a clear statement of our office’s commitment to protect our citizens and the environment.” 

The defendants manufactured and/or sold more than 20,000 aftermarket defeat devices. These products were designed for a range of certified motor vehicles and motor vehicle engines including vehicles manufactured by Ford, General Motors, and Fiat Chrysler. The aftermarket products sold by defendants included hardware components and electronic tuning software, known as “tunes,” that hack into and reprogram a motor vehicle’s electronic control module to alter engine performance and enable the removal of filters, catalysts and other critical emissions controls that reduce air pollution.

Under the CAA, it is illegal to manufacture or sell parts or components for motor vehicles and motor vehicle engines that bypass, defeat, or render inoperative elements of design that were installed by the vehicle or engine original equipment manufacturer to comply with CAA emission standards. The complaint filed in the case alleges that each act of manufacturing and each sale constitutes a violation of the CAA.

In addition, the complaint asserts that after EPA notified the defendants in 2016 of its intent to take enforcement action, the corporate defendants transferred real estate and large sums of money to one or more of the individual defendants in their personal capacities. The U.S. alleges these were fraudulent transfers under the Federal Debt Collection Procedures Act.

In addition to their civil penalty of $850,000, defendants will also do the following:

• Surrender all intellectual property to EPA, including programming, files, software, source code, design, instructions, or other information that could be used to manufacture tunes;
• Certify that no products have been manufactured or sold since March 2017;
• Certify that no intellectual property has been transferred to any party other than EPA; and
• Refuse to provide technical support or honor warranty claims for products subject to the consent decree.

EPA has recently begun a National Compliance Initiative on Stopping Aftermarket Defeat Devices for Vehicles and Engines. To read about EPA’s National Compliance Initiative visit: https://www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines.

The proposed settlement is subject to a 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.

To learn more about today’s settlement click here.

Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here:  https://echo.epa.gov/report-environmental-violations.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced brothers Salvatore Esposito (47, Orlando) and Joseph Esposito (43, Orlando) to federal prison terms for their roles in defrauding more than 150 victims out of more than $9.3 million in connection with the operation of their business, U.S. Coin Bullion LLC. Salvatore Esposito was sentenced to 7 years and 3 months in federal prison, and Joseph Esposito was sentenced to 5 years and 11 months in federal prison. Both were also ordered to serve 3 years of supervised release and to pay more than $9.3 in restitution. 

The Espositos had pleaded guilty on October 2, 2019. 

According to court documents, the Espositos operated U.S. Coin Bullion, a local Orlando company formed in 2012. From 2014 to July 2019, the Espositos engaged in a conspiracy to defraud U.S. Coin Bullion’s customers. Instead of using the customers’ funds to purchase precious metals as had been promised, the Espositos caused U.S. Coin Bullion to use customer funds to pay other customers, to pay commissions and other business expenses, and to purchase silver for the company itself. 

U.S. Coin Bullion used its customers’ funds to purchase silver on “margin,” or “leverage,” by which it acquired an interest in the silver by paying only a portion of its full price. The company took out loans to purchase the silver on margin and then used more customer funds to pay the interest associated with those loans, as well as storage fees for the silver. And, because it was buying on margin, U.S. Coin Bullion was subject to “margin calls.” If the market price for silver declined, the company might immediately have to deposit more (customer) funds into its accounts to maintain its interest in the silver.

U.S. Coin Bullion never told its customers that their funds were being used in this way. By at least 2016, it was regularly using its customers’ funds to buy millions of dollars worth of silver. When the price for silver fell from more than $35 an ounce (in 2012) to less than $15 an ounce during the conspiracy, the company experienced massive losses and had to spend customer funds due to margin calls.

To cover up U.S. Coin Bullion’s losses, the Espositos provided customers with false account statements making it appear that the company had purchased the silver for the customers (not itself) and that their accounts maintained value despite any drop in the market price of silver. Ultimately, U.S. Coin Bullion’s margin purchases resulted in a loss of nearly all the market value of the silver that its customers believed they had purchased and held.

This case was investigated by the U.S. Secret Service, with assistance from the Florida Attorney General's Office of Citizen Services – Consumer Assistance Program, which has provided invaluable assistance with the victims. It was prosecuted by Assistant United States Attorney Roger B. Handberg.

Tampa, FL – U.S. District Judge Richard A. Lazzara today sentenced Jimmy Riascos-Riascos (44) to 24 years and 4 months in federal prison for conspiring to distribute cocaine on board vessels subject to the jurisdiction of the United States. 

Riascos-Riascos had pleaded guilty on July 18, 2019.

According to court records, Riascos-Riascos was a member of a transnational criminal organization that dispatched self-propelled semi-submersible (SPSS) vessels from Colombia into the Pacific Ocean, destined for Sinaloa Cartel members in Oaxaca, Mexico. Riascos-Riascos was involved in installing the engines on these SPSS vessels, recruiting mechanics to travel onboard, and providing instructions to crewmembers on how to operate the engines. Two of these SPSS vessels were interdicted in international waters resulting in the seizure of more than 12,000 kilograms of cocaine and the prosecution of the crewmembers in the Middle District of Florida.

Riascos-Rascos further admitted to being a crewmember on an SPSS that successfully reached its destination in Mexico, in May 2015.

This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. 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. The case was prosecuted by Assistant United States Attorney Dan Baeza.

Tampa, Florida – A federal jury today found Robert Christopher Sunmonu (22, St. Petersburg) guilty of possessing a firearm in furtherance of a drug trafficking crime, possessing crack cocaine with the intent to distribute it, and possessing a firearm as a convicted felon. Sunmonu faces a mandatory minimum penalty of five years, and up to life, in federal prison. His sentencing hearing has not yet been scheduled.

Sunmonu was indicted on September 24, 2019.

According to testimony presented at trial, on August 2, 2019, officers from the St. Petersburg Police Department attempted to stop Sunmonu, who was driving a stolen car. Instead of stopping, Sunmonu fled and led officers on a chase through St. Petersburg, ending in an apartment complex, where Sunmonu then fled on foot. Sunmonu jumped a concrete wall and was attempting to hop a fence when an officer grabbed him. Sunmonu continued to try and break free as a second officer pried Sunmonu from the fence and got him to the ground. As officers tried to gain control of Sunmonu’s hands, he resisted and reached for his waist. The officers eventually handcuffed Sunmonu and found a loaded firearm in his pants pocket. In retracing Sunmonu’s steps, the officers recovered trafficking amounts of crack cocaine, marijuana, and Xanax.

At the time of the incident, Sunmonu had multiple prior felony convictions. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Gregory T. Nolan.

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.

Akbar Akram, a resident of Holiday, Florida, pleaded guilty today to illegally trafficking live water monitor lizards from the Philippines.

Akram, 44, pleaded guilty in Tampa before U.S. District Judge William F. Jung to one count of wildlife trafficking in violation of the Lacey Act.

According to plea documents, Akram admitted to illegally importing more than 20 live water monitor lizards from the Philippines between January and December 2016, in violation of United States law and the Convention on International Trade in Endangered Species (CITES) Treaty. To avoid detection by U.S. customs authorities, the lizards were placed in socks, which were sealed closed with tape, and then concealed inside electronic equipment and shipped under a false label. The equipment was then shipped via commercial carriers to Akram’s associate, who resided in Massachusetts.

As part of his plea, Akram admitted that he knew the monitor lizards he received had been taken in violation of Philippine law, and that the import violated U.S. law. Akram also admitted that upon receiving the monitor lizards, he sold some of them to customers, including customers in Colorado, Connecticut, and Massachusetts.  

“Akram violated Philippine law and U.S. law by illegally trafficking live water monitor lizards,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “The Department of Justice will continue to prosecute those who flout federal laws and seek to profit from trafficking protected species.”

“The illegal trafficking of protected species is a violation of federal law,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “We will continue to work with our partners, nationally and internationally, to thwart these crimes.” 

Monitor lizard is the common name for lizards comprising the genus Varanus. Monitor lizard species (there are approximately 70) are characterized by elongated necks, heavy bodies, long-forked tongues, strong claws, and long tails. Monitor lizards have a vast geographical range and are native to Africa, Asia, and Oceania. Water monitor lizards are semi-aquatic monitor lizards endemic to South and Southeastern Asia. Water monitor lizards, as their name suggests, are water dependent and easily swim long distances. This ability has allowed them to inhabit many remote islands. Some species of water monitor lizard are common and abundant in the pet trade, while others are extremely rare and are found only on specific islands. In addition to suffering increasing habitat loss due to rainforest destruction, water monitor lizards are often illegally collected from the wild and killed for bush meat, traditional medicine, or for their skins. Water monitor lizards are also targeted for their popularity in the international exotic pet trade. Exotic pet traders seek these water monitor lizards due to their attractive patterns, unique colors, intelligence, and rarity. The yellow-headed water monitor (Varanus cumingi), the white-headed water monitor (Varanus nuchalis), and the marbled water monitor (Varanus marmoratus), are species of large monitor lizards endemic to the Philippines.

This case is part of Operation Sound of Silence, an ongoing effort by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice, to prosecute those involved in the illegal taking and trafficking in protected species, including water monitor lizards.

The investigation was handled by the U.S. Fish and Wildlife Service’s Office of Law Enforcement, the United States Attorney’s Office for the Middle District of Florida, and the Justice Department’s Environmental Crimes Section. The government is represented by Assistant U.S. Attorney Colin McDonell and Environmental Crimes Section Trial Attorney Gary N. Donner.

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.

Tampa, FL – Akbar Akram, a resident of Holiday, Florida, pleaded guilty today to illegally trafficking live water monitor lizards from the Philippines.

Akram, 44, pleaded guilty in Tampa before U.S. District Judge William F. Jung to one count of wildlife trafficking in violation of the Lacey Act.

According to plea documents, Akram admitted to illegally importing more than 20 live water monitor lizards from the Philippines between January and December 2016, in violation of United States law and the Convention on International Trade in Endangered Species (CITES) Treaty. To avoid detection by U.S. customs authorities, the lizards were placed in socks, which were sealed closed with tape, and then concealed inside electronic equipment and shipped under a false label. The equipment was then shipped via commercial carriers to Akram’s associate, who resided in Massachusetts.

As part of his plea, Akram admitted that he knew the monitor lizards he received had been taken in violation of Philippine law, and that the import violated U.S. law. Akram also admitted that upon receiving the monitor lizards, he sold some of them to customers, including customers in Colorado, Connecticut, and Massachusetts.  

“Akram violated Philippine law and U.S. law by illegally trafficking live water monitor lizards,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “The Department of Justice will continue to prosecute those who flout federal laws and seek to profit from trafficking protected species.”

“The illegal trafficking of protected species is a violation of federal law,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “We will continue to work with our partners, nationally and internationally, to thwart these crimes.” 

Monitor lizard is the common name for lizards comprising the genus Varanus. Monitor lizard species (there are approximately 70) are characterized by elongated necks, heavy bodies, long-forked tongues, strong claws, and long tails. Monitor lizards have a vast geographical range and are native to Africa, Asia, and Oceania. Water monitor lizards are semi-aquatic monitor lizards endemic to South and Southeastern Asia. Water monitor lizards, as their name suggests, are water dependent and easily swim long distances. This ability has allowed them to inhabit many remote islands. Some species of water monitor lizard are common and abundant in the pet trade, while others are extremely rare and are found only on specific islands. In addition to suffering increasing habitat loss due to rainforest destruction, water monitor lizards are often illegally collected from the wild and killed for bush meat, traditional medicine, or for their skins. Water monitor lizards are also targeted for their popularity in the international exotic pet trade. Exotic pet traders seek these water monitor lizards due to their attractive patterns, unique colors, intelligence, and rarity. The yellow-headed water monitor (Varanus cumingi), the white-headed water monitor (Varanus nuchalis), and the marbled water monitor (Varanus marmoratus), are species of large monitor lizards endemic to the Philippines.

This case is part of Operation Sounds of Silence, an ongoing effort by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice, to prosecute those involved in the illegal taking and trafficking in protected species, including water monitor lizards.

The investigation was handled by the U.S. Fish and Wildlife Service’s Office of Law Enforcement, the United States Attorney’s Office for the Middle District of Florida, and the Justice Department’s Environmental Crimes Section. The government is represented by Assistant U.S. Attorney Colin McDonell and Environmental Crimes Section Trial Attorney Gary N. Donner.

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

Groves had been indicted on November 20, 2019.

According to the plea agreement, on November 6, 2019, federal agents executed a search warrant at Groves’s residence and seized 25 firearms (revolvers, pistols, rifles and shotguns), 3,171 rounds of ammunition, a homemade firearm silencer, and several 40 mm grenade shells. Experts later determined that 23 of the firearms had crossed state lines, making them the subject of federal prosecution. Groves, who has a previous felony conviction for assault-first degree (Maryland), is prohibited from possessing firearms or ammunition.

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

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

Ocala, Florida – Shelley Devaughn Cook (42, Ocala) today pleaded guilty to possessing a firearm and ammunition as a convicted felon. He faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.

Cook had been indicted on August 19, 2019.

According to the facts presented in court, detectives from the City of Ocala Police Department observed Cook with an open alcoholic beverage container in a public area, in violation of a city ordinance. Cook ignored repeated requests from the detectives to pour out his drink, then fled on foot as the detectives approached him. Once apprehended, the detectives discovered a loaded semi-automatic pistol in Cook’s waistband. Cook also had quantities of MDMA (ecstasy), heroin, fentanyl, and marijuana in his possession.

Cook has eight prior state felony convictions, including robbery with a deadly weapon (firearm), aggravated battery, felony battery, fleeing and eluding law enforcement, and illegal drug possession, and is therefore prohibited from possessing firearms or ammunition under federal law. 

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

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

Tampa, FL – United States Attorney Maria Chapa Lopez announces today that Behavioral Consulting of Tampa Bay (“BCOTB”) has agreed to pay the United States $675,000 to resolve allegations that BCOTB violated the False Claims Act by submitting false or fraudulent claims to the TRICARE program, a health care program for uniformed service members, retirees, and their families.

The United States initiated an investigation after an audit by TRICARE’s managed care support contractor (Humana Military Program Integrity) revealed alleged false or fraudulent claims to TRICARE for applied behavior analysis therapy (“ABA”) and other services to TRICARE beneficiaries with autism spectrum disorder. Today’s settlement resolves allegations that BCOTB submitted claims to TRICARE that (1) misrepresented the identity of the rendering provider, (2) misrepresented the service provided, (3) requested payment for more units of time than supported by the medical record, and (4) were not substantiated by a medical record, and therefore requested payment for services that were not rendered.

“Companies that commit to providing intensive behavioral treatment to children with autism, at a pivotal time in their development, should be held accountable for their actions,” said U.S. Attorney Maria Chapa Lopez. “Our Office is committed to protecting our military service members and their families and the programs that make it possible for their children with special needs to receive these vital services.”

"In this case, the provider's overbilling cheated TRICARE out of money meant for children's therapeutic services," stated Special Agent-in-Charge Cynthia Bruce of the Defense Criminal Investigative Service (DCIS) Southeast Field Office.  "DCIS will aggressively pursue those who exploit government programs intended to help our military service members, veterans, and their families and will dedicate all needed resources to bring them to justice."

Today’s settlement results from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, assisted by the Defense Criminal Investigative Service and Humana Military Program Integrity. Assistant United States Attorney Lindsay Saxe Griffin led the civil investigation.

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

Tampa – United States Attorney Maria Chapa Lopez announced today that the Middle District of Florida (MDFL) collected $98,607,097 in locally handled criminal and civil actions in the fiscal year ending September 30, 2019 (FY 2019). Of this amount, $79,862,063 was collected in local civil actions and $18,745,043 was collected in criminal actions.

The MDFL’s Civil Division, led by Civil Chief Randy Harwell, recovered a total of $268,562,280 on behalf of federal agencies and programs in affirmative civil enforcement cases during the last fiscal year. This amount has two components. In addition to its efforts in local civil cases noted above, the district’s Civil Division also joins forces with other U.S. Attorney’s Offices and with the Department of Justice Civil Frauds Section to address fraud schemes and illegal practices extending beyond district boundaries. The MDFL’s Civil Division recovered an additional $188,700,217 in these high profile, jointly handled cases. This represents the second largest recovery amount for a single year in the history of the district. 

Additionally, the Office’s Asset Recovery Division, led by Chief Anita Cream, recovered $28,791,743 in asset forfeiture actions last fiscal year. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes. For instance, in FY 2019, nearly $10 million forfeited in the MDFL in this and prior years was returned to victims of the criminal offenses upon which the forfeitures were based, and more than $2.8 million was shared with federal, state, and local law enforcement agencies. 

“The coordinated efforts between federal, state, and local partners have resulted in the recovery of millions of dollars from those who have used fraud and other means to violate federal laws,” said U.S. Attorney Chapa Lopez. “These recovered funds will serve to hold those responsible accountable for their misconduct and offenses, help victims recover from their losses, and assist law enforcement in pursuing justice.”

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

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

CIVIL HEALTHCARE FRAUD ENFORCEMENT CASE SUMMARIES

 

United States v. Regency, Inc., Case No. 8:19-civ-903 (M.D. Fla.)

The MDFL Civil Division, working in parallel with its Asset Recovery Division and Criminal Division, obtained an emergency temporary restraining order and preliminary injunctions that secured a historic $50 million in cash and other valuable property owned by 13 criminal healthcare fraud targets, pending resolution of criminal claims. The asset freeze is the largest of its kind on record. The defendants in this civil case are alleged to have engaged in a vast healthcare fraud scheme that generated a deluge of false claims for unnecessary orthotic braces that were shipped to Medicare beneficiaries. Boiler room call centers “cold called” Medicare beneficiaries and generated leads for store front durable medical equipment companies to exploit. The medical need for the orthotics was certified by internet doctors who had no relationship with the beneficiaries receiving the equipment.

 

United States v. Jayam Iyer, MD, Case No. 8:19-civ-446 (M.D. Fla.)

This civil case was worked in parallel with a criminal prosecution of a Clearwater anesthesiologist who was a national outlier prescriber of opiate medications. The parallel investigation resulted in an indictment and guilty plea for health care fraud that brought a six month prison sentence for the physician. Dr. Iyer also surrendered her DEA registration that permitted her to prescribe controlled substances, and her Florida medical license. She was excluded from participation in Medicare and Florida Medicaid programs, and has agreed to pay $102,126 to resolve civil claims under the False Claims Act. 

Press releases: https://www.justice.gov/usao-mdfl/pr/clearwater-doctor-sentenced-prison-health-care-fraud

https://www.justice.gov/usao-mdfl/pr/former-clearwater-anesthesiologist-agrees-pay-102126-resolve-civil-healthcare-fraud

 

United States ex rel. Heaphy v. Miraca Life Sciences, Case No. 8:16-civ-3328 (M.D. Fla.)

A nationwide pathology group paid $63.5 million to resolve claims by two separate whistleblowers that it had provided kickbacks to referring physicians in the form of subsidies for electronic health records and technology consulting. 

Press release: https://www.justice.gov/opa/pr/pathology-laboratory-agrees-pay-635-million-providing-illegal-inducements-referring

 

United States ex rel. Simon v. HealthSouth, Inc., Case No. 8:12-civ-236 (M.D. Fla.)

A nationwide provider of rehabilitation services paid $48 million to settle allegations by whistleblowers in six separate qui tam cases that the provider had defrauded the Medicare program through false information that distorted the medical conditions of patients in order to gain higher reimbursement from the program.   

Press release: https://www.justice.gov/opa/pr/encompass-health-agrees-pay-48-million-resolve-false-claims-act-allegations-relating-its

 

Fagron Holding USA, LLC

A supplier of ingredients used in compounded pain cream medications created by specialty pharmacies agreed to pay $22.05 million to resolve allegations in two qui tam cases that it had defrauded the Department of Defense’s TRICARE program and the federal Workers’ Compensation program through a scheme that falsely inflated the average wholesale price of the ingredients. Because reimbursement depends upon the pricing reported to price listing agencies, the scheme permitted the supplier’s pharmacy customers to bill federal programs for thousands of dollars per prescription more than they were entitled to claim.  

Press release: https://www.justice.gov/usao-mdfl/pr/compound-ingredient-supplier-fagron-holding-usa-llc-pay-2205-million-resolve

 

Celink

A Michigan based reverse mortgage loan servicer paid $4.25 million to resolve claims that it had improperly claimed interest payments from the Department of Housing and Urban Development’s Federal Housing Administration insurance program. HUD regulations impose specific requirements upon servicers claiming interest, and Celink’s claims to the agency failed to disclose facts that defeated its claims.

Press release: https://www.justice.gov/usao-mdfl/pr/celink-agrees-pay-425-million-resolve-its-alleged-liability-relating-its-servicing

 

United States ex rel. Webb v. Advanced Biohealing, Case No. 8:14-civ-1055 (M.D. Fla.)

Kevin Rakin, the CEO of a medical device manufacturer, paid $2.5 million to resolve allegations by a qui tam relator that he had conceived and implemented a nationwide kickback scheme that incentivized overutilization of a wound care medical device. In 2017, the manufacturer had settled kickback allegations against it in return for $350 million.    

Press release: https://www.justice.gov/usao-mdfl/pr/former-advanced-biohealing-ceo-pay-25-million-settle-false-claims-act-allegations

 

United States ex rel. Hawks v. Heart & Vascular Inst. of Florida, Case No. 8:16-civ-1574 (M.D. Fla.)

An Orlando area vascular surgeon, Irfan Siddiqui, paid $2.23 million to resolve allegations by one of his patients that he had defrauded Medicare through false claims for medically unnecessary vein ablation services and up-coded evaluation and management services. He also had allegedly falsified patient records to justify claims for reimbursement.

Press release: https://www.justice.gov/usao-mdfl/pr/davenport-vascular-surgeon-agrees-pay-223-million-settle-health-care-fraud-claims

 

United States ex rel. Oha v. Advanced Pain Management and Spine Specialists, Case No. 2:15-civ-350 (M.D. Fla.)

The co-owner of the largest pain management practice in southwest Florida, Dr. Jonathan Daitch, paid $1.7 million to resolve civil fraud claims against him individually, that alleged he had submitted false claims to Medicare for medically unnecessary urine drug testing services. The co-owner of the practice, Dr. Michael Frey, earlier pleaded guilty to having received kickbacks from a local durable medical equipment provider and paid $2.8 million in a separate settlement to resolve civil fraud claims against him arising from kickback practices and for ordering medically unnecessary lab tests.    

Press releases: https://www.justice.gov/usao-mdfl/pr/fort-myers-doctor-agrees-pay-more-17-million-resolve-allegations-fraud

https://www.justice.gov/usao-mdfl/pr/fort-myers-pain-management-physician-sentenced-eighteen-months-prison-kickback-scheme  

 

United States ex rel. de Oca v. Conway Lakes NC, LLC, Case no. 6:16-civ-1374 (M.D. Fla.)

An Orlando skilled nursing facility, Conway Lakes NC, LLC, along with its former Administrator, Matthew File, its management company, Clear Choice Health Care, LLC, Clear Choice’s part-owner and President, Jeffrey Cleveland, Clear Choice’s part-owner and Senior Vice President, Geoffrey Fraser, and an Orlando-area orthopedic surgeon, Dr. Kenneth Krumins, agreed to pay $1.5 million to resolve a qui tam relator’s allegations that they had engaged in a kickback scheme concerning the referral of Medicare and TRICARE patients. Dr. Krumins received payments under a sham “medical director” agreement to induce him to illegally refer Medicare and TRICARE patients to Conway Lakes for rehabilitation services that were billed to the United States. Dr. Krumins’s settlement agreement also resolves allegations that he engaged in a similar kickback scheme with a related home health agency. 

Press release: https://www.justice.gov/usao-mdfl/pr/orlando-skilled-nursing-facility-physician-and-related-providers-agree-pay-15-million

  

Tampa, FL – United States Attorney Maria Chapa Lopez announces today that Dr. Jayam Krishna Iyer has agreed to pay the United States $102,126.98 to resolve allegations that she violated the False Claims Act while practicing as a pain management physician. These civil claims are related to Iyer’s guilty plea to criminal health care fraud in 2018, which involved her billing Medicare for office visits when the patient was not present for the visit and for issuing prescriptions for Schedule II controlled substances.

The settlement arises from a lawsuit filed by the United States styled United States v. Jayam Krishna Iyer, M.D., et al., Case No. 8:18-cv-446-WFJ-JSS (M.D. Fla.).

In 2017, the United States Attorney’s Office’s Civil Division opened a civil investigation into whether Iyer had prescribed medically unnecessary prescriptions for opioids in violation of the False Claims Act. Separately, on August 24, 2018, Iyer pleaded guilty to one count of criminal health care fraud based on her fraudulent claims for office visits. As part of the criminal plea agreement, Iyer agreed to forfeit $51,521 paid by Medicare as a result of the fraud and to pay restitution. She was sentenced to serve six months in federal prison. Iyer also agreed to surrender her Florida medical license, as well as the DEA registration which had permitted her to prescribe controlled substances for her patients, and to not reapply for a DEA registration for 20 years. Iyer further agreed to permanent exclusion from Medicare, Medicaid, and all other federal healthcare programs. On February 20, 2019, the United States sued Iyer under the False Claims Act to collect civil damages and penalties based on her admissions as part of her criminal plea.

“By using all of the tools available to law enforcement, including civil enforcement, we in the Middle District of Florida will continue to target medical professionals who flood our streets with dangerous opioids without regard for the health and welfare of their patients,” said U. S. Attorney Maria Chapa Lopez. 

“Writing prescriptions for controlled substances without examining patients – as alleged in this case – indicates that a health care professional is more concerned with profits than patients,” said Special Agent in Charge Omar Pérez Aybar of the Office of Inspector General of the U.S. Department of Health and Human Services.  “Today’s settlement reaffirms our commitment to ensuring that physicians fulfill their professional obligation to serve their patients’ health needs as well as appropriately bill government health care programs.”

Today’s settlement results from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, assisted by the Department of Health & Human Services, Office of Inspector General, and the Federal Bureau of Investigation. Assistant United States Attorney Lindsay Saxe Griffin led the civil investigation.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Kenneth Bernard Smith (55, Winter Garden) to 12 years in federal prison for possessing a loaded firearm and ammunition as a convicted felon, and for possessing with the intent to distribute heroin and cocaine. Smith had previously pleaded guilty to the offenses. 

According to court documents, on February 8, 2019, deputies from the Orange County Sherriff’s Office responded to a call regarding a fatal drug overdose that had occurred in an apartment in Winter Garden, where Smith was the sole resident. The deputies found materials used in drug distribution, as well as more than 550 rounds of ammunition in the apartment. At the time, Smith had multiple prior felony convictions for drug distribution.

On February 20, 2019, law enforcement officers conducted an undercover purchase of cocaine from Smith. On March 6, 2019, officers executed a warrant at Smith’s home and seized cocaine and heroin, packaged for distribution, along with a loaded 10 mm firearm. As a previously convicted felon, Smith is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Orange County Sheriff’s Office, and the Winter Garden Police Department. It was prosecuted by Assistant United States Attorney Dana E. Hill.

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

Orlando, FL – United States Attorney Maria Chapa Lopez announces today that United Paradyne Corporation has agreed to pay the United States $375,000 to resolve allegations that it violated the False Claims Act by submitting claims to NASA for assembling and cleaning rocket launch systems that it had failed to perform. 

The settlement relates to United Paradyne’s agreement to provide NASA with certain ground support equipment designed to support NASA’s Space Launch System (SLS) rocket and Orion space capsule for NASA’s Artemis program. Specifically, United Paradyne agreed to fabricate five Hydraulic Accumulator Rack Assembly Swing Arm Systems for the mobile launcher. The hydraulic accumulator racks actuate swing arms, also called umbilicals, on the mobile launcher and are responsible for providing the SLS rocket and Orion space capsule with power, communications, coolant, fuel, and stabilization prior to launch. The Crew Access Arm umbilical was designed for astronauts to access the Orion capsule and will be used on NASA’s Artemis II mission, the first SLS and Orion flight with astronauts in 2022.

According to the settlement agreement, United Paradyne submitted claims under NASA-KSC Contract No. NNK14EA09D for payment for delivery of the accumulator racks that failed to conform to the requirements of the contract approved by NASA. More specifically, the United States alleged that United Paradyne delivered five accumulator racks between August 11 and October 19, 2015, and that United Paradyne failed to clean the racks, failed to verify cleanliness, and failed to maintain cleanliness throughout functional testing and final inspection, and falsely certified that it conformed to NASA’s requirements.

“Violating NASA’s contractual requirements raises danger and risks to our space program and its personnel as well as harms the integrity of the federal contracting process,” said U.S. Attorney Maria Chapa Lopez. “The U.S. Attorney’s Office remains committed to enforcing federal law and ensuring a system of fair play for all government contractors.”

“The NASA Office of Inspector General will continue to aggressively investigate all Whistleblower Qui Tam fraud allegations related to NASA operations and the building of the next generation space launch vehicle and related ground support equipment. I congratulate the Department of Justice and the Whistleblower Qui Tam relator in coming to an acceptable resolution in this civil matter with United Paradyne Corporation,” said Special Agent in Charge John Corbett, Central Field Office, NASA OIG.

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by a former employee of United Paradyne, Steven Walker. Mr. Walker 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. Mr. Walker will receive $75,000 of the proceeds from the settlement with United Paradyne.

This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida and the NASA Office of Inspector General. Assistant United States Attorney Jeremy R. Bloor led the investigation.

The case is captioned United States ex rel. Steven James Walker v. United Paradyne Corporation, Case No. 6:17-cv-01507-ORL-18-TBS. 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.

Tampa, Florida – U.S. District Judge Virginia M. Hernandez-Covington has sentenced Kelly Stephen Ratcliffe (53, Dunedin) to nine years and two months in federal prison for receiving and possessing child pornography. In addition, Ratcliffe is ordered to pay $49,000 in restitution to the victims, and must forfeit the electronic devices that he used to commit the offenses.

Ratcliffe had pleaded guilty on September 19, 2019.

According to court documents, the FBI executed a search warrant at Ratcliffe’s residence in November 2018. Ratcliffe admitted that he had used his iPhone and iPad to access an internet application known to law enforcement to be used by individuals interested in sharing child sex abuse material, to communicate with others about the sexual abuse of children, and to receive, trade, and save child pornography. A forensic review of Ratcliffe’s electronic devices revealed that he had received numerous images and videos of child pornography from other individuals online and that he possessed approximately 230 videos and over 800 images of child sex abuse material depicting the sadomasochistic conduct, bondage, and penile penetration of infants and toddlers. Ratcliffe told other individuals that he liked child rape and liked them “crying” and “tied.” The forensic analysis of the devices also revealed that Ratcliffe had specifically sought out images and videos of toddlers being raped.

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

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

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Joshua David Jordan (30, Seffner) to 25 years in federal prison for arson and for discharging a firearm during and in relation to attempted carjackings. The court also ordered Jordan to pay $82,200 in restitution to the victims of his crimes.

Jordan had pleaded guilty on September 4, 2019.

According to court documents, on the night of October 3, 2017, Jordan attempted to commit two armed carjackings in Hillsborough County, firing a semi-automatic handgun during each one. In the second attempted carjacking, Jordan shot the driver, who escaped and survived. Jordan then stole and set fire to a landscaping company’s spray truck, resulting in its destruction. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Christopher Murray and Callan Albritton.

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

Ocala, Florida – Senior United States District Judge John Antoon II today sentenced Twon Deshay Kinsler (28, Ocala) to 5 years and 10 months in federal prison for possessing a firearm as a convicted felon. The court also ordered Kinsler to forfeit two handguns and ammunition used during the offense. Kinsler had pleaded on October 2, 2019.

According to court documents, on May 7, 2019, City of Ocala police officers responded to a call from a homeowner about an unknown man shooting firearms in a backyard of a residential area. They located Kinsler, who was sweating profusely and wearing a bulletproof vest, in the backyard of the residence. Kinsler had illegal drugs in his pockets and two loaded firearms at his feet. One of the firearms had previously been reported stolen. A gunshot residue test also confirmed the presence of gunpowder on Kinsler’s hands. 

At the time, Kinsler was a convicted felon and therefore prohibited from possessing firearms or ammunition under federal law. 

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

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

Ocala, Florida – U.S. District Judge John Antoon today sentenced Daprix Devon Gadson (29, Ocala) to 15 years in federal prison for possessing a firearm as an armed career criminal and for possessing methamphetamine with the intent to distribute it. Gadson had pleaded guilty on September 5, 2019.

According to the plea agreement, on April 16, 2019, Gadson led officers from the Ocala Police Department on a high-speed vehicle chase when they attempted to pull him over for a traffic offense. After fleeing for approximately two miles, Gadson crashed his vehicle into a stop sign, disabling the car. Gadson then fled on foot, but was soon apprehended and arrested. During a subsequent search of Gadson’s vehicle, officers recovered a loaded semi-automatic handgun, 55 rounds of ammunition, and at least 20 grams of methamphetamine. At the time of his arrest, Gadson had 13 prior felony convictions, including 5 prior serious drug offenses. As a previous convicted felon, he is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Ocala Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney William S. Hamilton.

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

Ocala, Florida – Senior United States District Judge John Antoon II today found Charlie Lee Wright, Jr. (52, Summerfield) guilty of possession of a firearm affecting commerce by a convicted felon, following a bench trial. Because of his prior criminal record, Wright faces a penalty of at least 15 years, and up to life, in federal prison. A sentencing hearing is scheduled for March 20, 2020. 

Wright was indicted by a federal grand jury on July 17, 2019.

According to the evidence presented at trial, Wright has 28 prior felony convictions in Florida. As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

On January 16, 2019, the Marion County Sheriff’s Office executed a search warrant at Wright’s Summerfield residence pursuant to an investigation into missing jewelry. During the search, detectives located five firearms and hundreds of rounds of ammunition inside the home, and inside a car registered in Wright’s name. Wright subsequently admitted to federal investigators that he had handled two of the recovered firearms. 

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

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

Jacksonville, Florida – Aaron Kirk Woolman (58, Hagerman, ID) has been arrested and charged with soliciting child sex abuse images over the internet and via text message. He faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison. Woolman made his initial appearance in Boise, Idaho on December 13, 2019, and currently remains in custody pending further proceedings in Jacksonville.    

According to court documents, on August 7, 2019, an undercover FBI agent in Jacksonville, who was posing as a parent of a 9-year-old “child,” made online contact with Woolman, who was using the user name “AWOOL61,” in an online chat application. During an online chat session, Woolman repeatedly asked for photos of the purported “child.” Between August 14 and August 21, 2019, Woolman and the undercover agent engaged in online conversation during which Woolman solicited the undercover agent to send pornographic images of the “child.”   

Additionally, Woolman engaged in text message conversations with a second undercover FBI agent who was posing as the 9-year-old child. During these conversations, Woolman solicited the “child” to engage in sexually explicit conduct, produce pornographic images of this conduct, and send these images to him. Woolman tried to convince the “child” to comply with his requests by sending the “child” explicit images of himself along with a video of a female engaged in sexual acts.          

This case was investigated by the Federal Bureau of Investigation in Jacksonville and Boise, Idaho, as well as the Gooding County (ID) Sheriff’s Office and the Twin Falls (ID) Police Department. 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.  

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.

Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Douglas Scott Phillips (52, Richmond Hill, GA) to 10 years in federal prison for attempting to entice an 11-year-old child to engage in sexual activity. Phillips was also ordered to serve a 10-year term of supervised release and to register as a sex offender. 

Phillips had pleaded guilty on September 11, 2019.

According to court documents, on November 15, 2018, a detective from the St. Johns County Sheriff’s Office engaged in an online undercover operation to identify individuals seeking to meet children for sex. The detective posted a notice on an online bulletin board using the fictitious persona of a “mother” with “a young 11-year-old daughter.” Phillips responded to the notice and confirmed the age of the “daughter.” Phillips indicated that he was “very interested” and sent the “mother” an explicit photo of himself.

Over the next two months, Phillips and the undercover officer had several conversations in which Phillips expressed his desire and intention to engage in sexual activity with the “child.” During the conversations, Phillips instructed the “child” how to masturbate and sent pornographic photos illustrating how to do so. On January 7, 2019, Phillips told the “mother” that he was serious about meeting with the “child” and confirmed that he had texted with the “child” about masturbation.  

On January 18, 2019, Phillips was arrested at his home in Georgia. During an interview, Phillips admitted seeing the advertisment and following up “just to see what it was.” He also admitted to engaging in sexual conversation with the “mother” and sending pictures of himself to the “child.”         

This case was investigated by the St. Johns County Sheriff’s Office, Homeland Security Investigations, the Liberty County (GA) Sheriff’s Office, and the Bryan County (GA) Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

“HSI, along with our partners at the St. Johns County Sheriff’s Office in Florida, and the Liberty and Bryan County Sheriff’s Offices in Georgia, stopped this predator who attempted to commit vile sexual crimes against a young child,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Anyone who plans to engage in these horrific acts should be on notice – they will pay a very steep price.”

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

Jacksonville, Florida – Jessica Ann Smothers (35, Fernandina Beach), a/k/a Annabella Oxendine, has 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 $13,838.70. A sentencing date has not yet been set. Smothers has remained in custody since her arrest on November 4, 2019.

According to court documents, on September 22, 2017, Smothers made an application for disaster assistance benefits to FEMA. In the application, she claimed that her primary residence in Fernandina Beach had suffered storm damage from Hurricane Irma and, due to the purported storm damage, she was displaced from her primary residence, initially forced to live in a tent, and subsequently rented another home in Fernandina Beach. Based on the statements made by Smothers in her application, FEMA paid $13,838.70 to Smothers in the form of critical needs assistance, personal property damage, and rental assistance. 

Further investigation determined that Smothers’s statements to FEMA were false. Her residence in Fernandina Beach had not been damaged and she lived there through, and after, Hurricane Irma.

This case was investigated by the Department of Homeland Security - Office of Inspector General, with assistance from Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017.

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.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced James John Edwards (37, Brevard County) to 9 years in federal prison for possession of child pornography. The court also ordered Edwards to pay $50,000 in restitution to the victims of the offense, and to forfeit the electronic devices that he had used to commit the offense. A federal jury found Edwards guilty on August 1, 2019.

According to evidence presented at trial, on February 7, 2019, during the execution of a search warrant, agents found Edwards in possession of more than 1,000 videos and over 300 images depicting the sexual exploitation and abuse of young children. Those videos and images captured the rape and sexual torture of children under the age of 12. The evidence also showed that Edwards had an extensive computer background, and in this case, used a file-sharing program to obtain the illicit images via a computer and hard drive in his bedroom. The computer was connected to a television that was mounted on the wall above Edwards’s dresser. Edwards used the hard drive to store videos and images of child pornography. His collection dated back to 2015.

This case was investigated by the Federal Bureau of Investigation and the Palm Bay Police Department. It was prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda and Karen L. Gable.

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

Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Sheldrick D. Singleton Jr. (20, Orlando) to 13 years and 4 months in federal prison for committing an armed carjacking, and for possessing a firearm during and in relation to a crime of violence. Singleton had pleaded guilty on August 26, 2019.

According to court records, on March 21, 2019, Singleton and two other suspects held a pizza delivery driver at gunpoint as the driver attempted to deliver a pizza in the Pine Hills area of Orlando. While holding the victim at gunpoint, Singleton and the other two suspects demanded the keys to the victim’s vehicle and drove away, leaving the victim behind. Approximately 20 minutes later, deputies located the vehicle in Winter Garden and attempted to stop the vehicle. The suspects refused to stop and fled, at speeds of more than 100 miles per hour. One of the pursuing deputies performed a tactical maneuver that successfully immobilized the vehicle. Singleton and the other two suspects were then removed from the vehicle and arrested. 

One of the suspects, Anthony Sean Williams Jr., was indicted by a federal grand jury for the same offenses as Singleton and is currently pending trial. The third suspect is a minor and the matter is being handled in state court.

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, the Orange County Sheriff’s Office, and the Winter Garden Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Laurent Pierre-Louis (31, Miramar) to five years in federal prison for conspiracy to commit wire fraud and aggravated identity theft. Pierre-Louis had pleaded guilty on April 10, 2019.

According to court documents, Pierre-Louis and others fraudulently obtained access to at least 477 credit card accounts and linked those accounts to the Apple Pay app on their iPhones. Then, using their iPhones, Pierre-Louis and his co-conspirators made purchases using their victims’ credit card accounts, without having to present actual credit cards to retailers. Pierre-Louis, alone, was linked to over 1,800 fraudulent credit card transactions. Collectively, the conspirators made more than $1.5 million in fraudulent purchases. 

Pierre-Louis’s co-defendants were previously sentenced as follows - Johnny Max Wesley (24, Miami) to 48 months in federal prison; Daniel Butler (30, North Miami) to 54 months’ imprisonment; and Rachel Bishop (27, Miami) to 12 months’ probation, to be served while on home detention.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Michael J. Coolican.

 

Tampa, FL – The Justice Department’s Office of Justice Programs has announced awards of more than $333 million to help communities affected by the opioid crisis. $4,149,896 will help public safety and public health professionals in the Middle District of Florida combat substance abuse and respond effectively to overdoses. OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement during a visit with local, state and federal officials in West Virginia, one of the states hardest hit by the epidemic.

“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless,” said PDAAG Sullivan. “This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time.”

With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services and research—to help save lives and break the cycle of addiction and crime.

“We plan to continue to use every tool in our arsenal to combat the illegal distribution and use of opioids in our community,” said U.S. Attorney Maria Chapa Lopez. “These additional resources will increase the ability of our partners to save the lives of those affected by this dangerous epidemic.”

The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.

The following awards were made to organizations in the Middle District of Florida.

City of Tampa (Comprehensive Opioid Abuse Site-based Program)  

$900,000

Family Support Services of North Florida (Enhancing Community  Responses to the Opioid Crisis: Serving our Youngest Crime Victims)  

$750,000

Pinellas County Board of County Commissioners (Opioid Affected  Youth Initiative)                                                                

$1,000,000

Nassau County Board of County Commissioners (Adult Court and Veterans Treatment Courts Discretionary Grant Program)         

$499,896

Brevard County (Adult Court and Veterans Treatment Courts Discretionary Grant Program)                   

$500,000

Pinellas County Board of County Commissioners (Adult Court and Veterans Treatment Courts Discretionary Grant Program)                         

$500,000 Pinellas County (Paul Coverdell Competitive Grant Program)   $189,565

 

In addition, the following statewide awards were made to organizations in Florida.

Florida Office of the State Courts Administrator (Comprehensive Opioid Abuse Site-based Program)                                                              

$1,492,871

Institute for Intergovernmental Research (Opioid Affected Youth Initiative)  

  $1,000,000

Big Brothers Big Sisters of America (Statewide and Regional Mentoring Initiatives for Youth Impacted by Opioids)                                           

$1,250,000

 

Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.

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

 

Orlando, Florida – A federal jury has found Seongchan “Steven” Yun (32, Redondo Beach, CA) guilty of providing a false document to a federal agency. Yun faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for March 2, 2020. 

Yun was indicted on March 13, 2019.

According to evidence presented at trial, Yun was an employee at CBOL Corporation, a company that provided parts and materials to the aerospace industry, including NASA. In the summer of 2014, Yun handled a contract that required CBOL to provide stainless steel tubing to carry hypergolic fuel (rocket fuel) for use in support of NASA’s Space Launch System/Orion project at Kennedy Space Center. The contract required that the steel tubing originate from the United States. During the procurement, Yun received steel tubing originating from China. Instead of replacing the tubing with materials from the United States, Yun covered up the foreign origin of the parts on documentation that accompanied the parts. He then caused the steel tubing to be shipped to the Kennedy Space Center, and later prepared a certification falsely certifying that the steel tubing conformed to all of NASA’s requirements. The steel tubing ultimately failed materials testing conducted by NASA regarding its suitability for use in NASA’s fueling programs.

“The NASA Office of Inspector General will continue to aggressively investigate those who undermine and defraud NASA efforts to build the SLS launch vehicle and it’s systems,” said Special Agent in Charge John Corbett, Central Field Office. “This jury verdict serves as a staunch reminder that such conduct will not be tolerated.”

This case was investigated by the NASA – Office of Inspector General and the Air Force Office of Special Investigations. It is being prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.

Tampa, Florida – Two pharmacists, a physician, and two marketers have been sentenced for conspiring to pay and receive health care kickbacks for prescriptions for compounded creams billed to TRICARE.

On December 17, 2019, U.S. District Judge Mary S. Scriven sentenced Dr. Anthony Baldizzi (56, Treasure Island) to one year and a day in federal prison for his role in the conspiracy. Baldizzi was ordered to forfeit $100,000, including a BMW that he had received as a kickback. On March 7, 2018, Baldizzi had pleaded guilty to conspiracy to commit healthcare fraud and receive kickbacks, and one count of receiving healthcare kickbacks. He will be surrendering his license to practice medicine in January 2020.

On October 18, 2019, U.S. District Judge Elizabeth A. Kovachevich sentenced pharmacist Carlos Mazariegos (42, Palm Harbor) to one year and a day in federal prison for his role in the conspiracy. On April 10, 2017, Mazariegos had pleaded guilty to conspiracy to commit health care fraud. He is no longer a licensed pharmacist. 

On November 6, 2019, U.S. District Judge Susan C. Bucklew sentenced pharmacist Benjamin Nundy (42, Ruskin) to a five-year term of probation for his role in the conspiracy. On July 13, 2017, Nundy had pleaded guilty to conspiracy to commit health care fraud. He is no longer a licensed pharmacist. 

Mazariegos and Nundy paid $6,404,793.24 in restitution to the United States and forfeited $6,404,793.24 in cash.

On December 18, 2019, U.S. District Judge Mary S. Scriven sentenced the owners of the marketing firm Centurion Compounding, Inc., Frank V. Monte and Kimberley S. Anderson, to 24 months and 18 months in federal prison, respectively. Monte and Anderson also forfeited more than $3 million in property and luxury vehicles, including a Lamborghini, a Porsche, a Ferrari, a Ford GT racing car, a McLaren, and a Mercedes.

According to court documents, in 2014 and 2015, Centurion, a marketing firm located in Pasco County, was operated by Monte and Anderson. Centurion employed sales representatives to market compounded prescription medications—specifically, creams for pain and scars—to beneficiaries of healthcare plans, especially TRICARE. These creams typically ranged in price from $900 to $21,000 for a one-month supply. Centurion representatives marketed the creams to individuals living and working at MacDill Air Force Base in Tampa.

In May 2014, Centurion entered into an exclusive, illegal kickback arrangement with Pinellas County-based LifeCare pharmacy, whereby Centurion and LifeCare agreed to share equally in the profits from the claims paid by health benefit programs, including TRICARE, for compounded medications prescribed to beneficiaries. Baldizzi agreed with Monte, Anderson, and the owners of LifeCare pharmacy (Mazariegos and Nundy), that, in exchange for kickbacks, he would write prescriptions for compounded creams marketed by Centurion to TRICARE beneficiaries. Between May and November 2014, LifeCare billed health insurers, including TRICARE, more than $12.4 million for compounded cream prescriptions written by Baldizzi and marketed by Centurion. LifeCare realized a profit of more than $10 million, which it shared with Baldizzi, Monte, and Anderson.

Even after LifeCare closed and Baldizzi withdrew from the conspiracy, Centurion transferred the existing refills from Baldizzi’s prescriptions to a new pharmacy, which filled the prescriptions and billed TRICARE. In all, Centurion caused TRICARE to be billed more than $50 million for compounded creams prescribed to patients that it had recruited. Following the execution of a federal search warrant in February 2015, Centurion ceased operations, and the United States facilitated the repayment or reversal of more than $48 million in claims to TRICARE.

This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services Office of the Inspector General, the Defense Criminal Investigation Service, and the U.S. Air Force Office of Special Investigations, with assistance from the U.S. Army Criminal Investigation Command, the Naval Criminal Investigative Service, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Colin McDonell, with assistance from Assistant United States Attorneys Suzanne Nebesky and Holly Gershow.

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced three Colombian nationals to federal prison terms for conspiracy to distribute and to possess with the intent to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States. Carlos Chavez-Aguirre (35), Yesid Caicedo Asprilla (50), and David Hurtado Vallecilla (45) were sentenced to 20, 12, and 11 years, respectively. They had pleaded guilty in August and September 2019.

According to court documents, on June 18, 2019, while on routine patrol in the East Pacific Ocean, the United States Coast Guard (USCG) Cutter Munro located a 50-ft long self-propelled semi-submersible submarine with a sealed cabin approximately 92 nautical miles northwest of Tumaco, Colombia, in international waters.

USCG law enforcement officers boarded the semi-submersible submarine while it was still moving. The boarding led to the arrest of five individuals, and the recovery of 7,683 kilograms of cocaine (almost 17,000 pounds) worth approximately $192 million.

The two remaining defendants are scheduled to be sentenced on January 14, 2020 and February 12, 2020.

Carlos Chavez-Aguirre had previously been convicted of conspiracy to distribute and to possess with the intent to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States.

“This case highlights the interagency cooperation that fuels the mission of the Panama Express Strike Force; which is to disrupt and dismantle transnational criminal organizations,” said FBI Tampa Division Special Agent in Charge Michael F. McPherson.

“This high-profile narcotics interdiction case was the result of the investigative efforts HSI and our partner agencies at the Panama Express Strike Force conduct on a daily basis,” said HSI Tampa Assistant Special Agent in Charge Hector Colon. 

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. 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. The case was prosecuted by Assistant United States Attorney Diego F. Novaes.

Orlando, Florida – U.S. District Judge Wendy W. Berger today sentenced Alejandro Rosales-Gonzalez (36, Mexico) to three years in federal prison for illegal reentry after deportation.         

Rosales-Gonzalez had pleaded guilty on September 30, 2019.

According to testimony and court documents, since 2001, Rosales-Gonzalez has been returned or deported from the United States to Mexico eight times. He has been charged and convicted for illegal entry and illegal reentry four times since 2011, including this case. U.S. Immigration and Customs Enforcement most recently encountered Rosales-Gonzalez on April 19, 2019, following his arrest for aggravated battery with a deadly weapon in Melbourne, Florida.

“Thanks to the hard work of our Enforcement and Removal Operations (ERO) team, this violent criminal illegal alien is out of our communities,” said Miami ERO Field Office Director Michael W. Meade. 

This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ICE-ERO). It was prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, ICE, in the Middle District of Florida.

Tampa, Florida – Roberta A. Guedes (40, Tampa) has pleaded guilty to mail fraud and aggravated identity theft in connection with a fraudulent scheme wherein she posed and practiced law as a licensed attorney. Guedes faces a maximum sentence of 22 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, in 2014, Guedes graduated from Stetson University College of Law, but twice failed the Florida Bar exam. Guedes has never been licensed to practice law in Florida nor in any other state. Despite this, in the fall of 2014, Guedes incorporated two fake law firms—Ferguson and McKenzie LLC, and Immigration and Litigation Law Office, Inc. Guedes marketed her legal services and rented office space at the Rivergate Tower in downtown Tampa. She took on multiple client-victims, misrepresenting herself as an attorney. Guedes charged her client-victims fees for her services, which ranged from representation in immigration proceedings to family law matters. At times, Guedes impersonated a law school classmate and licensed attorney who had no involvement in Guedes’s sham law firms. As part of her fraudulent scheme, Guedes filed court pleadings and immigration petitions using her former classmate’s name and Florida Bar number, and also made several personal appearances in federal immigration court (Orlando) and Hillsborough County court posing as a licensed attorney.

Guedes furthered her fraudulent scheme by using other victims’ personal identity information. For example, Guedes used one victim’s social security number, birthdate, and other identifying information to open bank accounts, credit cards, and other lines of credit for personal expenses and business-related expenses for her sham law firms.

Any person who was, or knows of someone who may have been, a possible victim is urged to contact Homeland Security Investigations (HSI), 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, and United States Citizenship and Immigration Services, with assistance from the Largo Police Department. It is being prosecuted by Assistant United States Attorney Frank Murray.

Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Mark Wesley Schmit (50, Jacksonville) to 20 years in federal prison for distributing child pornography. Schmit was also ordered to serve a 10-year term of supervised release and to register as a sex offender.

Schmit had pleaded guilty on August 2, 2019.    

According to court documents, during the course of the investigation of an unrelated child exploitation case, the FBI learned that a particular individual had exchanged a series of text messages with Schmit. At one point during that conversation, that individual sent several explicit videos to Schmit, claiming that they depicted his 13-year-old sister. In response, Schmit requested that the individual send him additional graphic sexual videos of that purported child. Schmit then sent an image to that individual, which depicted an adult male sexually assaulting a young girl.

On April 16, 2019, FBI agents arrested Schmit pursuant to a federal arrest warrant. During an interview, Schmit admitted to sending and receiving child pornography, and that he had a sexual interest in looking at images of underage girls.  Schmit also admitted that he had used a fictitious internet persona to portray himself as a teenage boy, for the purpose of meeting underage girls through social media. In some cases, Schmit had cultivated long-term online relationships with his victims so that he could solicit them to send him sexual images of themselves. A subsequent investigation revealed that Schmit had solicited and received sexual images from at least three underage girls. A forensic analysis of Schmit’s cellphone revealed that it contained at least five images depicting the sexual abuse of young children.

This case was investigated by the Federal Bureau of Investigation in Jacksonville. It was prosecuted by Assistant United States Attorney David B. Mesrobian.

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