Northern District of Florida
Press releases recorded for this federal judicial district.
November 2014 ElectionsRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA -- Assistant United States Attorney Christopher P. Canova will lead the efforts of the United States Attorney's Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Canova has been appointed to serve as the District Election Officer and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses, in consultation with Justice Department Headquarters.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls. The Department’s long-standing Election Day Program seeks to ensure public confidence in the integrity of the election process by providing local points of contact for the public to report election violations while the polls are open on Election Day. This program deters election fraud and discrimination by increasing the Department’s ability to prosecute these offenses whenever and wherever they occur.
United States Attorney Pamela C. Marsh said, “It is the mission of the Department of Justice to act promptly and aggressively to protect the integrity of the election process. Discrimination, voter interference, and election fraud will not be tolerated. I encourage anyone with knowledge of voting abuses or election fraud to immediately contact my office, the FBI, or the Department of Justice, so that we may ensure an open and fair election process."
Federal law protects against such crimes as harassing, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. Further, federal law protects the right of voters to be assisted by a person of their choice.
To respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, AUSA/District Election Officer Christopher P. Canova will be on duty in this District while the polls are open. He can be reached at
(850) 942-8430.The FBI will also have Special Agents available in each field office and resident agency in the Northern District of Florida to receive and respond to allegations of election fraud, voter intimidation, voter suppression, and other election abuses. The FBI can be reached by the public at (904) 248-7000.
Complaints about possible violations of federal voting rights laws can be made directly to the Civil Rights Division=s Voting Section in Washington at (800) 253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected], or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Identity Thief Sentenced to 61 Months in PrisonRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA – McKenzie Deshommes Francois, 22, of Miami, was sentenced yesterday afternoon to 61 months in prison based upon his guilty plea to charges of conspiring to file false claims, conversion of government property, using unauthorized access devices, and aggravated identity theft. United States District Judge Robert L. Hinkle sentenced Francois to two years in prison for using stolen identities consecutive to 37 months on the other charges. Judge Hinkle also sentenced Francois to three years of supervised release and $269,358 in restitution. The sentence was announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The government’s evidence showed that on May 8, 2013, Francois left a wallet containing thirteen debit cards at the Tallahassee Airport. When Francois asked about the wallet at his destination, Ft. Lauderdale, he was interviewed by Special Agents of the Internal Revenue Service (IRS). During that interview, Francois admitted that the debit cards in the wallet contained income tax refunds that were issued on the basis of fraudulent income tax returns and that he had been paid to retrieve the cards from an apartment complex in Tallahassee. He also admitted that he had prepared fraudulent income tax returns himself, although not all of his efforts had been successful.
Evidence showed that Francois used fifty-six stolen identities and attempted to obtain $522,410 in fraudulent refunds. This included ten victims and attempted losses of $86,531 on the debit cards found in his wallet. In addition, nine victims linked to $77,756 in attempted losses were identified from a search of his cellular telephone. Thirty-seven more victims and $358,410 in attempted losses were linked to the defendant based upon common factors - - same IP address, same stolen tax preparer ID number, same entries for tax calculations, and same twenty-three day filing period - - used in other fraudulent tax filings. The last of these 37 fraudulent returns was filed on May 7, 2014 - - the day before Francois was interviewed by the IRS. A witness at sentencing testified that more than 800 fraudulent tax returns claiming more than seven million dollars in refunds were filed using the same “recipe” and the same stolen tax preparer ID number, but agreed that Francois could not be connected to the bulk of those returns.
U.S. Attorney Marsh credited the success of this prosecution to the joint efforts of the U.S. Secret Service and the Internal Revenue Service. The case was prosecuted by Assistant United States Attorney Michael T. Simpson.
Armed Career Criminal Sentenced to 200 Months in PrisonRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA–Edgar Carl Darling, III, 45, of Tallahassee, was sentenced to 200 months in prison based upon his guilty plea to a charge of possession of a firearm by a convicted felon. United States District Judge Mark Walker also sentenced Darling to serve a term of five years supervised release. This sentence was announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
United States Attorney Pamela C. Marsh credited the successful prosecution to the joint efforts of the Tallahassee Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Michael T. Simpson prosecuted this case.
On February 11, 2014, residents at a Levy Avenue apartment complex called the Tallahassee Police Department (TPD) to report a man with a handgun involved in an argument at the complex. By the time TPD officers arrived, the man had fled in a car. A TPD officer spotted the vehicle at the corner of Levy and Lake Bradford Road, attempting to make a left-hand turn from the right-hand lane, and discovered Darling in that car.
After the female driver and Darling were removed from the vehicle, officers found a loaded Hi-Point nine millimeter semi-automatic pistol in the front console. The woman driver stated that Darling got the pistol after he was confronted by persons seeking to collect a $500 drug debt.
The Federal Armed Career Criminal statute provides a mandatory minimum fifteen year term for persons arrested with firearms after three or more convictions for violent felony and/or serious drug offenses. Darling had multiple prior convictions that qualified under this statute, and thus he was sentenced as an Armed Career Criminal.Human Trafficker Gets Life in PrisonRead the Press Release
Follow @NDFLNewsPANAMA CITY, FLORIDA –Jacobo Feliciano-Francisco, a/k/a “Kiko”, age 32, was sentenced in United States District Court yesterday to spend the remainder of his life in prison after he was convicted of kidnapping, retaliating against a witness, conspiracy, and transportation and of an individual in interstate commerce for prostitution. The sentence was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The female victim in this case had previously cooperated with the FBI after being forced and coerced by others to work as a prostitute between 2009 and 2011. Due to that cooperation, a total of 13 individuals were convicted in Tennessee and Kentucky of various federal sex-trafficking and prostitution criminal charges. Following her cooperation with law enforcement, the victim and her family were relocated to Panama City Beach, Florida, out of concern for their safety.
In retaliation for her cooperation as a prior Federal witness, Feliciano-Francisco and others tracked down her location, repeatedly threatened the physical safety of both her and her family, kidnapped her, and transported her to a brothel in Hattiesburg, Mississippi, with the intent that she would be forced back into prostitution. During her kidnapping, Feliciano-Francisco not only verbally threatened and intimidated the victim, but he physically terrorized and humiliated her when he sexually assaulted her. After arriving in Hattiesburg, the victim escaped Feliciano-Francisco and led police back to the brothel where he was arrested.
“Prosecuting human traffickers is a top priority for this U.S. Attorney’s office and the Department of Justice,” said U.S. Attorney Marsh. “Congress has given us strong laws to go after this heinous crime, which is often difficult to find and prove because traffickers enforce silence among their victims through coercion and violence, as happened in this case. Despite those threats, however, the victim showed tremendous bravery in coming forward to help bring this defendant to justice. We commend her for her courage and pledge to continue this important fight against this modern form of slavery.”
This conviction results from an investigation by agents of the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Hattiesburg Police Department, and was prosecuted by Assistant United States Attorney Katy Risinger.
Fort Walton Beach Man Sentenced to Prison AndRead the Press Release
Follow @NDFLNews
ORDERED TO PAY $1.2 MILLION IN RESTITUTION
FOR TAX CRIMES, MAIL FRAUD, AND CONSPIRACPENSACOLA, FLORIDA – Douglas Edward Henderson, 52, of Fort Walton Beach, Florida, was sentenced yesterday evening to prison and ordered to pay over $1.2 million in restitution following his guilty plea to an Information that charged five counts of submitting a false tax return, two counts of aiding in the preparation of a false tax return, one count of mail fraud, and one count of conspiracy to commit mail and wire fraud. The sentence was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The charges were the result of an investigation by the Internal Revenue Service – Criminal Investigation. The case was prosecuted by Assistant U.S. Attorney Tiffany Eggers.
The government’s evidence showed that Henderson, as the president of Henderson Electric Heat and Air Conditioning and Henderson Electric, Inc., both located in Okaloosa County, Florida, caused over $1.8 million in personal expenses to be paid from the business accounts for the years 2008 through 2010 and caused their false classification as business expenses associated with contracts between his companies and MacDill Air Force base. These items were then falsely deducted on corporate tax returns and the personal income was never reported on Henderson’s individual income tax returns.
The government’s evidence further showed that while Henderson knew he was the subject of a federal grand jury investigation, he engaged in a fraudulent short sale of his condominium located in Miramar Beach, Florida, using a family trust and the cooperation of Henderson Electric’s then chief financial officer.
Chief U.S. District Court Judge M. Casey Rodgers sentenced Henderson to 15 months in prison followed by three years of supervised release, the first six months of which must be served on home confinement. Judge Rodgers also ordered Henderson to pay $779,122 in restitution to the Internal Revenue Service and $449,061 to the mortgage lender defrauded during the short sale.Five Defendants Indicted in Tax Refund SchemRead the Press Release
Follow @NDFLNewsTALLAHASSEEFive defendants have been charged with conspiring to commit wire fraud in connection with the filing of false income tax returns. The 21-count indictment, unsealed today, also charges substantive counts of wire fraud, theft of government funds, and aggravated identity theft. The charges were announced by Pamela C. Marsh, U.S. Attorney for the Northern District of Florida.
Dorothy Bailey, 51, and Phillip Walker, 23, of Tampa, along with Gabriela Huerta, 22, Cedric Page, 25, Darren Royal, 22, each of Tallahassee, are alleged to have conspired to fraudulently obtain tax refunds by filing false federal income tax returns. The indictment charges that between 2011 and 2014, members of the group prepared and filed fraudulent tax returns seeking more than $2.5 million in tax refunds. Members of the conspiracy created the fraudulent tax returns using taxpayer identification numbers and other personal identifying information stolen from deceased individuals and from residents of multiple Tallahassee apartment complexes. The conspirators also obtained identifying information from a Fort Bend County, Texas, website containing criminal court records.
In addition to the conspiracy charge, Bailey, Huerta, Page, Royal, and Walker are also charged with eleven substantive counts of wire fraud, based upon their electronic submission of the fraudulent returns. Bailey, Huerta, Page, Royal, and Walker are also charged with theft of government funds and aggravated identity theft based upon the unauthorized use of personal identifying information of victims as part of their scheme to commit wire fraud.
The investigation was conducted by the Internal Revenue Service and the Leon County Sheriff’s Office. The government’s case is being prosecuted by Assistant U.S. Attorney Jason Coody.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the Government's burden to prove guilt beyond a reasonable doubt in a court of law.
Five Individuals Indicted on Methamphetamine ChargesRead the Press Release
Follow @NDFLNewsPANAMA CITY, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced that a federal grand jury returned a four-count indictment yesterday charging five individuals with narcotic and firearm offenses.
The indictment charges that John Matthew Love (36), Mabrye Joseph Bettinger (41), Bryant Anthony Kreis (32), Dusti Nicole Broxson (26), all from the greater Panama City area, along with Anastacio Mendoza (37), and Carmen Theresa Silva (39), from Atlanta, Georgia, were involved in a conspiracy to distribute at least 50 grams of crystal methamphetamine throughout Florida and elsewhere. The indictment further alleges that the conspiracy began as early as July 1, 2014, and continued until September 21, 2014.
The indictment results from an investigation by agents of the U.S. Drug Enforcement Administration in Panama City, Florida, and Montgomery, Alabama, the Florida Department of Law Enforcement, the Panama City Police Department, the Walton County Sheriff’s Office, the Bay County Sheriff’s Office, the Okaloosa County Sheriff’s Office, and the Houston County Sheriff’s Office. Assistant U.S. Attorney Kathryn Risinger is prosecuting the case.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt in a court of law.
Indiana Man Pleads Guilty to Prisoner Transportation FraudRead the Press Release
Follow @NDFLNewsTALLAHASSEE – William Cassidy, 50, of Florence, Indiana, pled guilty today to wire fraud in connection with a scheme to obtain money by operating a private prisoner transportation business under false pretenses. The plea was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The indictment in this case alleged that between October 2010 and June 2014, Cassidy transported prisoners throughout the country as an employee and manager of U.S. Prisoner Extradition Service and Interstate Criminal Extraditions. In contracting with sheriffs’ offices to transport prisoners, including violent felons, from one jurisdiction to another, Cassidy made affirmative misrepresentations concerning the security and treatment of the prisoners, and concealed material facts concerning his fitness to operate as a prisoner transport agent. The indictment alleges that Cassidy concealed the fact that he was on felony probation while transporting prisoners and that his conditions of probation prohibited him from associating with felons, from visiting jails, from carrying weapons, and from leaving the state of Kentucky. The indictment also alleges that during his transportation of female prisoners, Cassidy left the prisoners unrestrained, gave them drugs and alcohol, and had sex with the prisoners in his vehicle and in hotel rooms.
Cassidy faces a maximum sentence of 20 years in prison. Sentencing is scheduled for January 8, 2015, in Tallahassee before United States District Judge Mark E. Walker.
The case was investigated by the Federal Bureau of Investigation and the United States Department of Justice Office of the Inspector General. It is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller.
Osceola County Deputy Sheriff Among Five Indicted for Conspiracy to Commit Wire Fraud, Theft of Government Funds, and Aggravated Identity TheftRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA – Titus Lee Dixon, 48, Perrissa Dixon, 40, Orman Curtis Witherspoon, 40, Stefondra Monroe, 23, all residing in Kissimmee, Florida, and Katrina Pratt, 39, of Tallahassee, have been charged by a federal grand jury with conspiracy to commit wire fraud, theft of government funds, and aggravated identity theft in a scheme to obtain fraudulent federal income tax refunds. The indictment was announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The ten-count indictment alleges that for tax years 2010 and 2011, the five defendants were part of a scheme that illegally used the personal identifying information of numerous victims, without their permission, to prepare and electronically file over one hundred fraudulent federal income tax returns. Among the victims are individuals whose names had been searched by current Osceola County Deputy Sheriff Titus Dixon, through Florida law enforcement databases. Other victims include work-study students at the Florida Agricultural and Mechanical University (FAMU), where Katrina Pratt works as an administrative assistant in human resources. The indictment charges that Perrissa Dixon used the identities of 150 individuals in the scheme to defraud, and Pratt used the identities of 40 FAMU students.
As alleged in the indictment, the defendants caused the Internal Revenue Service to issue tax refunds in the names of the victims, either electronically onto pre-paid debit cards or in the form of U.S. Treasury checks. The fraudulently obtained funds were then deposited into bank accounts controlled by the defendants. As a result of this scheme, the Internal Revenue Service issued approximately $500,000.00 in fraudulently claimed income tax refunds.
The indictment results from a joint investigation by the Internal Revenue Service—Criminal Investigation, the United States Secret Service, the Osceola County Sheriff’s Office, and the FAMU Police Department. The case is being prosecuted by Assistant U.S. Attorney James Ustynoski.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.Levy County Man Sentenced for Burglary and Theft of FirearmsRead the Press Release
Follow @NDFLNewsGAINESVILLE, FLORIDA –Senior U.S. District Court Judge Roger Vinson sentenced Joshua Sipe, 30, of Newberry, Florida, to a mandatory minimum term of 15 years as an Armed Career Criminal in federal court in Gainesville yesterday. The sentence imposed by the court was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
On June 23, 2013, Sipe burglarized Cash Munny Pawn, in Chiefland, Florida, by breaking through the roof of the business and stealing 17 firearms. Through an investigation conducted by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Gilchrist County Sheriff’s Office, and the Chiefland Police Department, Sipe and others were arrested. Sipe entered a guilty plea to the theft of the firearms and possession of the firearms by a felon. On the possession count, Sipe qualified as an Armed Career Criminal due to his criminal history and received the mandatory 15 year minimum. Sipe also received a concurrent sentence of five years for the theft.
U.S. Attorney Marsh praised the work of the law enforcement agencies whose investigation led to the convictions in this case.
Former Gadsden County Deputy Sheriff Indicted for Civil Rights ViolationRead the Press Release
Follow @NDFLNewsTALLAHASSEE – James Corder, 54, a former captain with the Gadsden County Sheriff’s Office, has been indicted on charges of violating the civil rights of an arrestee, obstruction of justice, and making false statements in a federal investigation. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The five-count indictment alleges that on July 25, 2013, Corder deprived an arrestee of his constitutional right to due process of law by stealing approximately $1,785 belonging to the arrestee. The indictment also alleges that Corder made false and misleading statements concerning the theft to agents of the Federal Bureau of Investigation and the Florida Department of Law Enforcement.
If convicted, Corder faces a maximum sentence of 20 years in prison for obstruction of justice, five years in prison for making false statements in a federal investigation, and one year in prison for deprivation of civil rights. Trial is scheduled for November 10, 2014, before United States District Judge Mark E. Walker.
The case was investigated by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. It is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Defendant Sentenced to Prison for Theft of Government Property and Aggravated Identity TheftRead the Press Release
Follow @NDFLNewsTALLAHASSEE, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that Porscha Thomas, 29, of Charlotte, North Carolina, was sentenced by United States District Judge Mark Walker to serve 45 months in federal prison. Judge Walker sentenced Thomas to serve 21 months in federal prison for theft of government property, and to a consecutive term of 24 months for aggravated identity theft. Thomas was also ordered to pay $86,402 in restitution.
Thomas’s charges stem from a traffic stop that occurred on February 8, 2012, in the Northern District of Florida. During the traffic stop, officers recovered approximately $52,194.00 in cash, 17 TurboTax debit cards in other people’s names, and receipts showing that those debit cards had been used. Further investigation revealed that fraudulently obtained income tax refunds had been loaded onto the TurboTax debit cards found in Thomas’s possession. Law enforcement was also able to obtain video footage showing Thomas using the TurboTax debit cards at a Publix Grocery Store in Crestview, Florida, and at a Walmart in Pensacola, Florida.
Ms. Marsh credited the successful prosecution of this case to the excellent investigative work and cooperative efforts of all the agencies involved. The case was investigated by the Internal Revenue Service, Homeland Security Investigations, and the Madison County Sheriff’s Office.
The case was prosecuted by Assistant United States Attorney Herbert Lindsey.
Former Army Captain Convicted of Wire Fraud and Mail FraudRead the Press Release
GAINESVILLE, FLORIDA – Michael Benjamin Crowder, 36, now of Bradenton, Florida, was convicted yesterday in federal court in Gainesville of multiple counts of wire fraud and mail fraud, announced United States Attorney Pamela C. Marsh, Northern District of Florida. Sentencing has been set for November 17, 2014.
Crowder, while attending law school at the University of Florida under the Army’s Funded Legal Education Program, owned and operated M & H Coins and Precious Metals, LLC, from his Gainesville home. Crowder continued to operate the business while stationed at Fort Sill, Oklahoma.
At trial, the government presented evidence that the defendant accepted payments in excess of $700,000 that were to be used to purchase coins and precious metals for his customers. Instead, Crowder used the money to purchase a sports car, real estate, and to make investments in the commodities market. None of the money Crowder received from the victims has been recovered.
On each count, Crowder is facing a maximum term of 20 years imprisonment, a $250,000 fine, three years of supervised release upon the completion of his sentence, and a $100 Special Monetary Assessment. The trial was held before United States District Court Judge Mark E. Walker and began on August 25, 2014.
Crowder was subject to an Army Board of Inquiry upon the return of the indictment and, in lieu of disciplinary action, resigned his commission. The resignation was accepted on November 1, 2013.
U.S. Attorney Marsh praised the work of the Federal Bureau of Investigation, whose investigation led to the convictions in this case.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Greg McMahon.
Federal Charges Filed in Alleged Gulf Breeze Home InvasionRead the Press Release
PENSACOLA, FLORIDA – Robert F. Fraser, age 26, Teandre L. Altman, age 21, and Frank A. Rogers, age 19, all of Pensacola, were taken into federal custody based upon a criminal complaint alleging federal firearm law violations, announced United States Attorney Pamela C. Marsh, Northern District of Florida.
The criminal complaint, sworn to by a special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives, alleges that between August 26 and August 28, 2014, the three defendants were in possession of stolen firearms, and that Fraser and Altman were convicted felons in possession of the firearms.
Late this afternoon, the defendants appeared before United States Magistrate Judge Elizabeth M. Timothy, and they were all detained without bond on the charges. The defendants also face state felony charges relating to the home invasion in both Santa Rosa and Escambia counties.U.S. Attorney Marsh praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Santa Rosa County Sheriff’s Office, the Gulf Breeze Police Department, the Pensacola Police Department, and the State Attorney’s Office, whose joint investigation led to the criminal complaint in the case.
The case is being prosecuted by Assistant U.S. Attorney David L. Goldberg.A complaint is merely an allegation that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to have a Grand Jury determine probable cause exists to return an Indictment. After an indictment is returned, a defendant is entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt in a court of law.
Tallahassee Woman Indicted for Using Fraudulent IRS StampsRead the Press Release
TALLAHASSEE, FLORIDA– United States Attorney Pamela C. Marsh, Northern District of Florida, announced that Elisa Christina Avila Jackson, 30, of Tallahassee, Florida, was arraigned this afternoon in court after being charged by a federal grand jury with five counts of wire fraud and one count of possessing a counterfeit Internal Revenue Service (“IRS”) stamp.
The indictment alleges that between June 7, 2011, and February 11, 2014, Jackson conducted a scheme to defraud owners of large tractor trailers around the State of Florida of monies that were to be paid to the IRS relating to the federal Heavy Highway Vehicle Use Tax. Jackson operated Bee’s Carrier Permitting and Licensing, Inc. (“BCPL”), which purportedly provided assistance to owners of large tractor trailers in preparing and filing their annual applications for registration with the State of Florida. As mandated by federal regulation, prior to issuing a vehicle registration, the Florida Department of Highway Safety and Motor Vehicles required BCPL and others applying for annual large tractor trailer registrations to provide a copy of a tax form stamped by the IRS as proof that the owner’s federal Heavy Highway Vehicle Use Tax had been paid.
The indictment further alleges that Jackson collected from BCPL customers the amount due and owing to the IRS for the Heavy Highway Vehicle Use Tax and promised to pay that amount to the IRS. However, rather than paying the Heavy Highway Vehicle Use Tax to the IRS, Jackson created fraudulent IRS forms bearing a counterfeit IRS numbered remittance stamp, which forms falsely reflected that these taxes had been remitted to the IRS. The indictment also charges that through this scheme, Jackson fraudulently obtained approximately $248,000.00.
Counts One through Five of the indictment charge Jackson with wire fraud. For each of these counts, if convicted, Jackson faces a term of imprisonment of not more than twenty (20) years, a period of supervised release of up to three (3) years, a fine of up to $250,000, and a $100 special monetary assessment. Count Six of the indictment charges Jackson with possession of an IRS stamp with intent to defraud. If convicted on this count, Jackson faces a term of imprisonment of not more than five (5) years, a period of supervised release of up to three (3) years, a fine of up to $10,000, and a $100 special monetary assessment.
The trial of this case is scheduled for November 3, 2014, before the Honorable Robert L. Hinkle.
The indictment results from an investigation by the IRS-Criminal Investigation, with the assistance of the Florida Highway Patrol and Florida Department of Highway Safety and Motor Vehicles, Bureau of Commercial Vehicle and Driver Services. The case is being prosecuted by Assistant United States Attorney Jason Beaton.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial in a court of law.
Bankers and Attorney Sentenced to Prison for Fraud, False Statements, and Making a False Claim against the United StatesRead the Press Release
PANAMA CITY, FLORIDA– Late yesterday afternoon, United States District Judge Richard Smoak sentenced Donald Terry Dubose, a/k/a “Terry Dubose,” 66, of Panama City Beach, Florida, Elwood Ladon West, a/k/a “Woody West,” 40, of Monroeville, Alabama, and Frank Alfred Baker, 62, of Marianna, Florida, to federal prison due to their conviction on charges including conspiracy to commit wire fraud, wire fraud, making false statements, and filing false claims against the Federal Deposit Insurance Corporation (“FDIC”).
Coastal Community Investments (“Coastal”) was a bank holding company that owned Coastal Community Bank, based in Panama City Beach, Florida, and Bayside Savings Bank, based in Port St. Joe, Florida. Coastal Community Bank and Bayside Savings Bank both failed on July 30, 2010. Dubose, the Chairman and Chief Executive Officer of Coastal and the largest Coastal shareholder, was convicted at trial of conspiracy, seven counts of wire fraud, three counts of making false statements to the FDIC, and one count of filing a false claim with the FDIC. Dubose was sentenced to 48 months imprisonment. West, the Chief Financial Officer of Coastal and a Coastal shareholder, was convicted at trial of seven counts of wire fraud, three counts of making false statements to the FDIC, and one count of filing a false claim with the FDIC. West was sentenced to 36 months imprisonment. Baker, the attorney for Coastal and Coastal’s second largest shareholder, was convicted at trial of conspiracy, four counts of wire fraud, one count of making false statements to the FDIC, and one count of filing a false claim with the FDIC. Baker was sentenced to 48 months imprisonment. All three defendants were also sentenced by the Court to serve a period of three years supervised release following their imprisonment, and ordered to pay $4,538,399.09 in restitution to the FDIC.
This case involved a significant fraud committed against the Government relating to the FDIC’s Temporary Liquidity Guarantee Program (TLGP), which was created at the height of the nation’s financial crisis in October 2008. The purpose of the TLGP was to encourage banks to begin lending to one another again, and thereby, help to stabilize the economy. To accomplish this, the TLGP provided that the FDIC would guarantee a loan made by one financial institution (the “lender”) to another financial institution (the “borrower”) in an amount up to 125% of the borrower’s existing unsecured debt, thus assuring repayment to the lender by the borrower or, in the event of default, by the FDIC.
The evidence at trial showed that in October 2008, Coastal had a $3,000,000 secured loan with RBC Bank (USA), which was secured by 100% of the stock of Coastal Community Bank and Bayside Savings Bank (the “RBC Loan”). At that time, the RBC Loan was in default, thus giving RBC the ability to exercise its right to take the pledged stock that secured the loan and take over Coastal Community Bank and Bayside Savings Bank. Under pressure from RBC to repay this debt, the defendants falsely certified to the FDIC that the RBC Loan was unsecured, knowing for a fact that it was instead a secured loan, so that Coastal could get an FDIC-guaranteed loan under the TLGP.
The evidence at trial established that Coastal obtained a $3,750,000 loan from central Florida-based CenterState Bank. Based on the defendants’ misrepresentations, the CenterState Bank loan was guaranteed by the FDIC under the TLGP (the “TLGP Loan”), and as provided by the program, represented 125% of the RBC Loan. Coastal used the proceeds of the TLGP Loan to repay the RBC Loan.
In June 2010, Coastal defaulted on the TLGP Loan, and CenterState Bank subsequently filed a claim with the FDIC for payment of the full amount due on the TLGP Loan, plus interest. The FDIC paid CenterState’s claim by wiring $3,805,833.34 in principal and interest from the FDIC to CenterState.United States Attorney Pamela Marsh stated, “This kind of fraud committed by bank insiders against programs designed to help our citizens will not be tolerated. Not only is such conduct a breach of trust, it is harmful to our communities and our nation. These significant sentences today provide a strong message to those working in the banking industry that insider fraud, deception, and greed will be met with firm justice.”
Matt Alessandrino, Assistant Inspector General for Investigations, FDIC, said, “The Federal Deposit Insurance Corporation Office of Inspector General is pleased to have joined the U.S. Attorney's Office and our law enforcement colleagues in investigating the fraud that led to these convictions today. It is particularly troubling to the FDIC OIG when bank insiders and other professionals affiliated with the bank violate the public trust and engage in activities that cause losses to the Deposit Insurance Fund or harm FDIC programs designed to restore the strength of the banking system. We are committed in our efforts to maintain integrity in our nation's banks.”
Mark Bialek, Inspector General of the Board of Governors of the Federal Reserve System and Consumer Financial Protection Bureau, said, “Bank executives who commit fraud impact the safety and soundness of financial institutions. My office will continue its vigorous pursuit of those who undermine the Federal Reserve’s ability to carry out its supervisory responsibilities over banks and bank holding companies it regulates. I commend our agents and their federal law enforcement partners for their hard work and persistence, which ultimately led to these convictions.”
This case was investigated by the Federal Reserve – Office of the Inspector General, the Federal Bureau of Investigation, the FDIC, and the Office of the Special Inspector General for the Troubled Asset Relief Program.
The case was prosecuted by Assistant U.S. Attorneys Gayle Littleton and Ryan Love, with the invaluable assistance of Federal Reserve – Office of the Inspector General Special Agent Amy Whitcomb.Defendant Sentenced for Aggravated Assault in Federal PrisonRead the Press Release
PANAMA CITY, FLORIDA – Daniel Victor Smith, previously an inmate at the Federal Correctional Institution in Marianna, Florida, was sentenced to 120 months in federal prison on Wednesday, August 6, 2014, by United States District Judge Richard Smoak for aggravated assault with a dangerous weapon and aggravated assault resulting in serious bodily injury.
Earlier this year, a Panama City jury found Smith guilty of these charges after the government showed that Smith used a padlock tied inside of a tube sock to strike another inmate in the head repeatedly, which caused a hemorrhage to the frontal lobe of the inmate’s brain.
At the time of the assault, Smith, who claims to be a member of a prominent gang, was serving a 200 month sentence for second degree murder after he stabbed a man in the neck in Washington, D.C. in 2002. Smith’s sentence of 120 months in federal prison is in addition to the sentence he is serving for the 2002 murder.
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Jason Beaton.
Former Panhandle Business Owner Indicted for Tax FraudRead the Press Release
PENSACOLA, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that Patrick Alfred Anderson, 62, of Laughlin, Nevada, appeared in federal court today following his indictment in the Northern District of Florida and arrest in Laughlin, Nevada, on charges of filing false individual and corporate tax returns.
The indictment alleges that Anderson, while a resident of Niceville, Florida, filed false individual and corporate federal income tax returns for the years 2010 and 2011. The indictment alleges that for 2010, Anderson reported a total income of $58,452 when in fact, his income was approximately $88,149, and in 2011 he reported a total income of negative $81,710, when in fact, his income was approximately $259,995. The indictment further alleges that Anderson filed a false 2011 corporate income tax return for Haight Ashbury LLC claiming that the business’s gross receipts were $305,772 when in fact, the gross receipts were approximately $616,886.
Anderson was arraigned on the charges by U.S. Magistrate Judge Elizabeth M. Timothy. The trial is scheduled for September 2, 2014, before Senior U.S. District Judge Lacey A. Collier at the U.S. District Courthouse in Pensacola. As part of his conditions of release pending trial, Anderson is required not to have any contact, direct or indirect, with any former employees or customers of any of his former businesses located in the Northern District of Florida, which included Haight Ashbury LLC, Woodstock Navarre, Woodstock Niceville, Woodstock Fort Walton Beach, Woodstock Mary Esther, Woodstock Santa Rosa Beach, and Woodstock Crestview.
If convicted, Anderson faces a maximum of 3 years in prison, restitution, and a fine of $100,000 for each count.
This case is being prosecuted by Assistant U.S. Attorney Tiffany H. Eggers and was investigated by the Internal Revenue Service – Criminal Investigation and the Okaloosa Multi-Agency Drug Task Force.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Nine Sentenced for Filing Fraudulent BP Oil Spill ClaimsRead the Press Release
PENSACOLA, FLORIDA – Pamela C. Marsh, U.S. Attorney for the Northern District of Florida, announced today that nine individuals have been sentenced in federal court in the past two months for filing false claims with the Gulf Coast Claims Facility (GCCF) related to the 2010 BP oil spill in the Gulf of Mexico.
Sean D. Croft, 32, of Austin, Texas, was sentenced to 33 months in prison and ordered to pay $16,000 in restitution after pleading guilty to mail fraud and failure to appear for trial. He submitted a GCCF claim falsely alleging he was let go from his job at Hooters of Pensacola Beach due to the oil spill, when in fact he had worked at the Hooters on Bayou Boulevard in Pensacola and was terminated for disciplinary reasons. After being charged, Croft fled before trial and was arrested later in Texas.
Crystal C. Brown, 30, of Decatur, Georgia, pled guilty to wire fraud for filing a false GCCF claim stating she and her cleaning service lost income and employment due to the oil spill and submitting fraudulently altered employment verification forms and false income statements. Brown also pled guilty to aiding and abetting wire fraud for helping her co-defendant, Jarrad J. Knox, 29, of Fort Walton Beach, Florida, file a fraudulent GCCF claim stating he was an employee of Brown’s cleaning service and was laid off due to the oil spill, neither of which was true. Knox was sentenced to 21 months in prison and ordered to pay $7,900 in restitution and Brown was sentenced to five years of probation and ordered to pay $27,500 in restitution.
Kim Bonner, 54, of Pensacola, Florida, Angela M. Anderson, 32, of Tampa, Florida, Johnny G. Robinson, 52, of Pensacola, Alethea F. Snow, 41, of Fort Walton Beach, Bernisha M. McNabb, 57, of Fort Walton Beach, and Oran E. Dixon, 34, of Fort Walton Beach, pled guilty to conspiracy to file fraudulent GCCF claims involving an alleged construction company and cleaning service, both of which were not actually operating at the time of the spill. Robinson was sentenced to 21 months in prison and ordered to pay $56,300 in restitution, Snow was sentenced to 15 months in prison and ordered to pay $74,600 in restitution, and Dixon was sentenced to two weekends in jail as part of the terms of his five-year probation and ordered to pay $15,600 in restitution. Bonner, Anderson, and McNabb each received five years of probation and were ordered to pay $40,500, $71,900, and $43,200 respectively in restitution.
The cases resulted from investigations by the U.S. Secret Service and the Federal Bureau of Investigation and were prosecuted by Assistant U.S. Attorney Alicia Kim.
Two Men Sentenced for Identity Theft/Income Tax FraudRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced today thatClifford Virgile, 25, of Tallahassee, and Rodney Charles, 22, of Miami, were sentenced to prisons terms based upon their pleas of guilty to identity theft and income tax refund fraud charges. United States District Judge Robert L. Hinkle sentenced Virgile to a total of 70 months in prison, three years of supervised release, $500 in special monetary assessments, and $102,824 in restitution. Charles received a total term of 25 months in prison, three years of supervised release, $400 in special monetary assessments, and $4,475 in restitution.
According to court records, the men were arrested on the Florida State University campus on May 16, 2013. FSU Police Officers responded after employees noticed the men loitering in a deserted area, near a bank of automated teller machines shortly before 6:00 a.m. Charles fled when officers approached. When caught, Charles had $2,906 in cash, a debit card in a woman’s name, and a receipt showing that he had just withdrawn $500 using that card. Virgile was located nearby. When officers found Virgile’s rental vehicle, they discovered another five debit cards in other people’s names, $13,605 in cash, and receipts for other cash withdrawals.
Officers also found Virgile’s laptop, which contained stolen personal identity information (“PII”) for about 250 people. Other fraudulent income tax returns have been linked to the PII in Virgile’s computer and to the internet addresses used for the returns, which were directed to the debit cards.
Proceeds from seventeen fraudulent income tax returns were sent to these six debit cards. These returns sought a total of $95,499 and actually caused refunds totaling $58,513 to be issued. Another $17,953 was recovered from the debit cards after they were seized. Sentencing was based upon total attempted losses exceeding $400,000 and actual losses of $119,619, which were reduced by the monies seized when the defendants were arrested.
U.S. Attorney Marsh credited the success of this prosecution to the joint efforts of the FSU Police Department, the U.S. Secret Service, and the Internal Revenue Service. The case was prosecuted by Assistant United States Attorney Michael T. Simpson.
Miami Resident Sentenced to Five Years in Federal Prison for Tax FraudRead the Press Release
TALLAHASSEE, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced that Ashley Assgill Glover, 29, of Miami, Florida, was sentenced to five years in federal prison after pleading guilty to one count of theft of government property, one count of possession of unauthorized devices, and one count of aggravated identity theft.
U.S. District Court Judge Mark Walker sentenced Glover on July 10, 2014, to a five year prison term followed by three years of supervised release. Glover was also ordered to pay the Internal Revenue Service restitution in the amount of $216,031.
On March 12, 2012, the Tallahassee Police Department stopped Glover, and found her in possession a list of more than 800 victims’ personal identifying information (PII). There were also debit cards loaded with tax refunds linked to fraudulent tax returns. Sixty fraudulent tax returns were filed during the 2012 tax season in the names of victims on the list. These returns claimed approximately $369,848 in fraudulent refunds.
In June 2012, Glover was stopped by Coral Springs Police Department and found in possession of a list including over 160 victims’ PII. In November 2012, Glover was stopped by the Florida Department of Agriculture and found in possession of yet another list containing over 600 victims’ PII.
During the 2012 tax season, there were 206 fraudulent tax returns filed using information from the three recovered lists seeking approximately $1,246,417 in fraudulent refunds. Fortunately, the Internal Revenue Service detected most of the fraudulent tax returns and stopped the issuance of more than a million dollars in fraudulent refunds.
U.S. Attorney Marsh praised the work of the Tallahassee Police Department, the United States Secret Service, the Internal Revenue Service, and the Florida Department of Agriculture, whose joint investigation led to the convictions in the case.
The case was prosecuted by Assistant U.S. Attorney Winifred L. Acosta Nesmith.
Tallahassee Man Indicted for Scheme to Defraud Using Fraudulent State Court OrderRead the Press Release
TALLAHASSEE, FLORIDA– Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that Frank William Johannissohn, 66, of Tallahassee, Florida, has been charged by a federal grand jury with mail fraud, possession of an authentication feature with intent to defraud the United States, making false statements to the United States Office of Personnel Management, and aggravated identity theft.
The indictment alleges that on or about July 26, 2013, Johannissohn mailed a fraudulent “Redress of Alimony” order bearing the forged signatures of a Wakulla County circuit court judge and a deputy clerk of the court to the United States Office of Personnel Management, as well as a certification stamp of the Wakulla County Clerk of the Court. According to the Indictment, Johannissohn mailed the fraudulent document in an attempt to obtain approximately $10,000 in additional retirement payments for every year of his retirement. Specifically, the fraudulent “Redress of Alimony” purportedly ordered the termination of Johannissohn’s obligation to provide health insurance for his former spouse, to pay for a survivor benefit under his federal retirement annuity for his former spouse, and to pay alimony to his former spouse.
If convicted on Count One of the Indictment charging mail fraud, Johannissohn faces a term of imprisonment of not more than 20 years, a period of supervised release of up to 3 years, a fine of up to $250,000, and a $100 special monetary assessment. If convicted on Counts Two (possession of an authentication feature with intent to defraud the United States) and Three (using a false writing and document) of the Indictment, Johannissohn faces on each of these counts a term of imprisonment of not more than 5 years, a period of supervised release of up to 3 years, a fine of up to $250,000, and a $100 special monetary assessment. If convicted on Count Four of the Indictment charging aggravated identity theft, Johannissohn faces a term of imprisonment of 2 years that must run consecutive to any term of imprisonment imposed for Counts One and Two, a period of supervised release of up to 1 year, a fine of up to $250,000, and a $100 special monetary assessment.
The Indictment results from an investigation by the United States Office of Personnel Management’s Office of Inspector General with the assistance of the Wakulla County Sheriff’s Office and the Leon County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Jason Beaton.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt in a court of law.
Two Panama City Men Sentenced to Federal Prison for Tax Fraud, Wire Fraud, and Identity TheftRead the Press Release
PANAMA CITY, FLORIDA – United States Attorney Pamela C. Marsh announced that the Honorable Richard Smoak sentenced Versiah M. Taylor, 33, of Panama City, Florida, to 264 months in federal prison and Tracy L. Collier, 48, of Panama City, Florida, to 164 months in federal prison for filing fraudulent tax returns using the personal identifying information (PII) of other individuals.
Between September 9, 2011, and August 15, 2012, the defendants prepared and filed fraudulent tax returns seeking more than $500,000 in refunds. The defendants used the PII of inmates of the Florida Department of Corrections, Bay County residents, and others to file fraudulent income tax returns. Collier, who was incarcerated during the conspiracy, provided the personal information of inmates by disguising the social security numbers and dates of birth as legal case citations and mailed them to Taylor. Taylor, operating out of a small office that he rented in the Steele Boys Bail Bond’s Plaza in Panama City, orchestrated the filing of multiple tax returns creating false employment information and using the PII of other individuals. These returns each claimed fraudulent refunds between $3,000 and $9,530 and were to be deposited onto prepaid debit cards, which were then mailed to various locations throughout Bay County, Florida.
Taylor was also sentenced to serve a 3-year term of supervised release and ordered to pay $107,422 in restitution and a $4,500 special monetary assessment.
Collier was also sentenced to serve a 3-year term of supervised release and ordered to pay $107,422 in restitution and a $2,200 special monetary assessment.
This conviction results from an investigation by agents of the Internal Revenue Service – Criminal Investigation Division, and was prosecuted by Assistant U.S. Attorney Katy Risinger.
Alabama Man and Woman Sentenced to Federal Prison for Manufacturing, Possessing, and Passing Counterfeit MoneyRead the Press Release
PANAMA CITY, FLORIDA– United States Attorney Pamela C. Marsh announced that the Honorable Richard Smoak sentenced Will Rustin Sprayberry, 33, of Alabama to 46 months in federal prison and Jennifer Nicole Pippin, 31, of Alabama to 18 months in federal prison for manufacturing, possessing, and passing counterfeit currency.
Sprayberry and Pippin pled guilty in March to two counts of manufacturing, possessing, and passing counterfeit United States currency in Panama City, Florida, between November 7, 2013, and November 13, 2013.
Sprayberry and Pippin were also each sentenced to 3 years of supervised release, a $200 special monetary assessment, and ordered to pay restitution in the amount of $410 to various businesses throughout Panama City Beach, Florida.
This conviction results from an investigation by agents of the United States Secret Service and was prosecuted by Assistant U.S. Attorney Katy Risinger.Former Escambia & Santa Rosa School Teacher Sentenced on Federal Child Pornography ChargesRead the Press Release
PENSACOLA, FLORIDA - - United States Attorney Pamela C. Marsh announced that Jeffrey B. Richards, age 63, of Milton, was sentenced today on federal charges related to the online receipt of child pornography.
For approximately ten years, Richards utilized peer-to-peer software to download vast amounts of child pornography, including more than 100,000 sexualized images and videos of children. During this time, Richards was teaching in local schools. The prosecution revealed that in his online searches, Richards used search terms specifically geared toward obtaining child sexual exploitation images and videos. In addition, Richards possessed at least one audio file in which a young female portraying a “student” was engaged in graphic sexual acts with her “teacher” in exchange for a favorable grade in school.
Senior United States District Judge Lacey A. Collier sentenced Richards to six years imprisonment to be followed by ten years of supervised release. Upon release, Richards will be required to register as a sexual offender.The prosecution was a result of a joint investigation by the Federal Bureau of Investigation, the Department of Homeland Security, the Pensacola Police Department, and other members of the Internet Crimes Against Children Task Force. The case was prosecuted by Assistant U.S. Attorney David L. Goldberg.
Panama City Man Indicted on Child Pornography ChargesRead the Press Release
PANAMA CITY, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced that a federal grand jury returned an indictment yesterday charging Robert Leesean Williams (29) with possession and receipt of child pornography. Counts one and two of the indictment allege that between June 15, 2013, and June 16, 2013, Williams knowingly and intentionally distributed and received images and videos of child pornography. Count three alleges that between June 15, 2013, and September 12, 2013, Williams knowingly possessed child pornography that involved a prepubescent minor and a minor that had not attained the age of twelve (12).
If convicted of counts one and two of his indictment, Williams faces a minimum mandatory sentence of five (5) years and up to twenty (20) years in prison. If convicted on count three of this indictment, Williams faces a term of imprisonment of not more than twenty (20) years. Additionally, as to each count, Williams faces the imposition of a fine of up to $250,000, not less than five (5) years and up to a lifetime term of supervised release, and a $100 special monetary assessment.
The indictment results from an investigation by agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Pensacola Police Department, and the North Florida Internet Crimes Against Children Task Force. The case is being prosecuted by Assistant United States Attorney Kathryn Risinger.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt in a court of law.
Former Local Resident Sentenced for Fraud, Identity Theft, and Failure to Register as Sex OffenderRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced today that United States District Judge Robert Hinkle sentenced Jerry Samuel Joseph, 33, formerly of Tallahassee, to a total of 81 months in federal prison on two indictments. One case involved five charges relating to fraudulent federal income tax returns, and the other case involved failing to register as a sex offender.
In a case indicted in the Northern District of Florida, Joseph pled guilty to conspiring to file false claims against the United States, two charges of converting government funds, using the U.S. Postal Service to commit fraud, and using stolen identity information to commit fraud. Joseph was sentenced to 57 months for each of the first four charges and to a 24-month consecutive sentence for using stolen identity information to commit fraud.
This first case involved approximately 71 fraudulent federal income tax returns filed in 2011 and 2012, seeking refunds totaling $352,721. These returns generated actual refunds totaling $134,931.00 in checks that were mailed to an apartment complex in Tallahassee. Joseph created the fraudulent returns, arranged for them to be filed, and directed others to retrieve and to cash the refund checks.
In a second case, indicted in the Eastern District of New York, Joseph pled guilty to failing to register as a sex offender. This case was transferred to the Northern District of Florida for plea and sentencing. Joseph received a 57-month sentence in this case, concurrent with the sentences imposed in the fraud case.
Joseph was previously convicted in South Carolina in 1998 of Criminal Sexual Conduct With a Minor Under the Age of Sixteen, and in Dade County, Florida, in 2006 of Lewd and Lascivious Battery on a Child aged 12 to 16 and of Failing to Register as a Sex Offender. As a convicted sex offender, Joseph was required to register with authorities under the Sex Offender Registration and Notification Act (“SORNA”) and to keep that registration current. Joseph initially registered in 2008, when he was released from the Florida Department of Corrections and moved to Tallahassee. However, after being questioned about his involvement in fraudulent activity, Joseph left Tallahassee in 2009. Agents investigating the fraud case learned that Joseph was living and working in Brooklyn, New York, under the name “Jerry Geudy.” Joseph was arrested on the federal fraud charges and for state probation violations on June 7, 2013. He admitted that he had been living in New York for about four years and that he had not registered as a sex offender during that time.
When released from the Bureau of Prisons, Joseph will serve a ten-year term of supervised release, with requirements that he continue to register under SORNA, that he receive sex offender treatment, and that he have no unsupervised contact with minors. Joseph was also ordered to pay $600 in special monetary assessments. Judge Hinkle advised that he would set a restitution amount at a later date.
U.S. Attorney Marsh praised the joint efforts of the Internal Revenue Service, the Secret Service, the United States Postal Inspectors, and the United States Marshals Service. Assistant U.S. Attorneys Michael T. Simpson (NDFL) and Tyler Smith (EDNY) prosecuted this case.
California Woman Sentenced to Seven Years in Prison for Sixteen Million Dollor Mortgage Fraud SchemeRead the Press Release
PENSACOLA, FLORIDA – United States Attorney Pamela C. Marsh announced the sentencing today of Andrea Lorraine Avery, 47, of Los Angeles, California, following acceptance of her guilty plea in December of last year. Avery pleaded guilty to seven counts that included: conspiracy to commit fraud, five counts of mail fraud affecting a financial institution, and conspiracy to commit money laundering. Avery was sentenced to 84 months in prison and ordered to pay restitution in the amount of $10,323,369 to the FDIC as Receiver for Washington Mutual, GMAC Mortgage, SunTrust Mortgage, Wells Fargo Bank, USBank, and others.
Avery admitted that beginning in 2005 and continuing through 2008, she and others entered into contracts to purchase twenty-four residences located in Florida, Georgia, Louisiana, Texas, and California. As a part of the fraudulent scheme, numerous properties located in the Northern District of Florida were purchased, which included homes in Navarre, Santa Rosa Beach, and Panama City. Thereafter, fraudulent loan applications were submitted to financial institutions to fund the purchases. In the loan applications, Avery and other borrowers made false statements to the lenders, which included: providing false names and social security numbers; overstating the borrower’s income and assets; and falsely stating the earnest money deposit was not borrowed. In support of the loans, Avery and other borrowers submitted fraudulent supporting documents to the lenders, which included: false pay-stubs, false W-2s, false verifications of employment, and false documentation concerning the borrower’s credit. Approximately $16 million in loans were issued by the lenders in connection with the fraudulent scheme. Avery and her company received more than $3.5 million in kickbacks as a result of the scheme.
The charges are the result of an investigation by the Florida Department of Law Enforcement, the Internal Revenue Service – Criminal Investigation, and the Federal Bureau of Investigation. This case was prosecuted by Assistant U.S. Attorney Tiffany H. Eggers.
Bankers and Attorney Convicted of Fraud, False Statements, and Making a False Claim Against the United StatesRead the Press Release
PANAMA CITY, FLORIDA– Late Wednesday night, a federal jury returned verdicts finding Donald Terry Dubose, a/k/a “Terry Dubose,” 66, of Panama City Beach, Florida, Elwood Ladon West, a/k/a “Woody West,” 40, of Monroeville, Alabama, and Frank Alfred Baker, 62, of Marianna, Florida, guilty of certain charges in a twelve count superseding indictment charging conspiracy to commit wire fraud, making false statements, and filing false claims against the Federal Deposit Insurance Corporation. Dubose was convicted on all twelve counts of the indictment. West was convicted on counts two through twelve of the indictment and acquitted on the first count, the conspiracy charge. Baker was convicted of the conspiracy charge and certain of the remaining wire fraud and false claim charges. The verdicts were handed down late Wednesday evening, following a trial that lasted almost three weeks.
The evidence at trial established that Coastal Community Investments (“Coastal”) was a bank holding company that owned Coastal Community Bank, based in Panama City Beach, Florida, and Bayside Savings Bank, based in Port St. Joe, Florida. Coastal Community Bank and Bayside Savings Bank both failed on July 30, 2010. Dubose was the Chairman and Chief Executive Officer of Coastal and the largest Coastal shareholder. West was the Chief Financial Officer of Coastal and a Coastal shareholder. Baker was an attorney for Coastal and was Coastal’s second largest shareholder.The case involved a fraud committed against the Government relating to the FDIC’s Temporary Liquidity Guarantee Program (TLGP), which was created at the height of the nation’s financial crisis in October 2008. The purpose of the TLGP was to encourage banks to begin lending to one another again, and thereby, help to stabilize the economy. To accomplish this, the TLGP provided that the FDIC would guarantee a loan made by one financial institution (the “lender”) to another financial institution (the “borrower”) in an amount up to 125% of the borrower’s existing unsecured debt, thus assuring repayment to the lender by the borrower or, in the event of default, by the FDIC.
The evidence at trial showed that in October 2008, Coastal had a $3,000,000 secured loan with RBC Bank (USA), which was secured by 100% of the stock of Coastal Community Bank and Bayside Savings Bank (the “RBC Loan”). At that time, the RBC Loan was in default, thus giving RBC the ability to exercise its right to take the pledged stock that secured the loan and take over Coastal Community Bank and Bayside Savings Bank. Under pressure from RBC to repay this debt, the defendants falsely certified to the FDIC that the RBC Loan was unsecured, knowing for a fact that it was instead a secured loan, so that Coastal could get an FDIC-guaranteed loan under the TLGP.
The evidence at trial established that Coastal obtained a $3,750,000 loan from central Florida-based CenterState Bank. Based on the defendants’ misrepresentations, the CenterState Bank loan was guaranteed by the FDIC under the TLGP (the “TLGP Loan”), and as provided by the program, represented 125% of the RBC Loan. Coastal used the proceeds of the TLGP Loan to repay the RBC Loan.
In June 2010, Coastal defaulted on the TLGP Loan, and on August 6, 2010, CenterState Bank filed a claim with the FDIC for payment of the full amount due on the TLGP Loan, plus interest. The FDIC paid CenterState’s claim on August 13, 2010, by wiring $3,805,833.34 in principal and interest from the FDIC to CenterState.
United States Attorney Marsh said, “These defendants – bank officers and a bank attorney – took advantage of the Temporary Liquidity Guarantee Program, which was designed to help the country avoid financial collapse, and instead used the program to enrich themselves. Such fraud committed by bank insiders against programs designed to help our citizens will not be tolerated. Not only is such conduct a breach of trust, it is harmful to our communities and our nation. My office will continue to investigate and prosecute any individual who would harm our banking system, our financial institutions, and our national economy.”
Matt Alessandrino, Assistant Inspector General for Investigations, FDIC, said, “The Federal Deposit Insurance Corporation Office of Inspector General is pleased to have joined the U.S. Attorney's Office and our law enforcement colleagues in investigating the fraud that led to these convictions today. It is particularly troubling to the FDIC OIG when bank insiders and other professionals affiliated with the bank violate the public trust and engage in activities that cause losses to the Deposit Insurance Fund or harm FDIC programs designed to restore the strength of the banking system. We are committed in our efforts to maintain integrity in our nation's banks.”
“Bank executives who commit fraud impact the safety and soundness of financial institutions,” said Mark Bialek, Inspector General of the Board of Governors of the Federal Reserve System and Consumer Financial Protection Bureau. “My office will continue its vigorous pursuit of those who undermine the Federal Reserve’s ability to carry out its supervisory responsibilities over banks and bank holding companies it regulates. I commend our agents and their federal law enforcement partners for their hard work and persistence, which ultimately led to these convictions.”
The defendants are facing a maximum of 30 years’ imprisonment on each count of conspiracy to commit wire fraud, wire fraud, and making false statements to the FDIC. Each defendant faces a maximum of five years’ imprisonment for causing the submission of CenterState Bank’s false claim against the United States.
This case was investigated by the Federal Reserve – Office of the Inspector General, the Federal Bureau of Investigation, the FDIC, and the Office of the Special Inspector General for the Troubled Asset Relief Program.The case was prosecuted by Assistant U.S. Attorney Gayle Littleton and Assistant U.S. Attorney Ryan Love, with the invaluable assistance of Federal Reserve – Office of the Inspector General Special Agent Amy Whitcomb.
Bankers and Attorney Convicted of Fraud, False Statements, and Making a False Claim Against the United StatesRead the Press Release
PANAMA CITY, FLORIDA– Late last night, a federal jury returned verdicts finding Donald Terry Dubose, a/k/a “Terry Dubose,” 66, of Panama City Beach, Florida, Elwood Ladon West, a/k/a “Woody West,” 40, of Monroeville, Alabama, and Frank Alfred Baker, 62, of Marianna, Florida, guilty of conspiring to commit wire fraud, making false statements, and filing false claims against the Federal Deposit Insurance Corporation. In addition, the three defendants were found guilty of seven counts of wire fraud, three counts of making false statements to the FDIC, and one count of aiding and abetting a false claim against the United States. The verdicts were handed down late last evening, following a trial that lasted almost three weeks.
The evidence at trial established that Coastal Community Investments (“Coastal”) was a bank holding company that owned Coastal Community Bank, based in Panama City Beach, Florida, and Bayside Savings Bank, based in Port St. Joe, Florida. Coastal Community Bank and Bayside Savings Bank both failed on July 30, 2010. Dubose was the Chairman and Chief Executive Officer of Coastal and the largest Coastal shareholder. West was the Chief Financial Officer of Coastal and a Coastal shareholder. Baker was an attorney for Coastal and was Coastal’s second largest shareholder.
The case involved a fraud committed against the Government relating to the FDIC’s Temporary Liquidity Guarantee Program (TLGP), which was created at the height of the nation’s financial crisis in October 2008. The purpose of the TLGP was to encourage banks to begin lending to one another again, and thereby, help to stabilize the economy. To accomplish this, the TLGP provided that the FDIC would guarantee a loan made by one financial institution (the “lender”) to another financial institution (the “borrower”) in an amount up to 125% of the borrower’s existing unsecured debt, thus assuring repayment to the lender by the borrower or, in the event of default, by the FDIC.
The evidence at trial showed that in October 2008, Coastal had a $3,000,000 secured loan with RBC Bank (USA), which was secured by 100% of the stock of Coastal Community Bank and Bayside Savings Bank (the “RBC Loan”). At that time, the RBC Loan was in default, thus giving RBC the ability to exercise its right to take the pledged stock that secured the loan and take over Coastal Community Bank and Bayside Savings Bank. Under pressure from RBC to repay this debt, the defendants falsely certified to the FDIC that the RBC Loan was unsecured, knowing for a fact that it was instead a secured loan, so that Coastal could get an FDIC-guaranteed loan under the TLGP.
The evidence at trial established that Coastal obtained a $3,750,000 loan from central Florida-based CenterState Bank. Based on the defendants’ misrepresentations, the CenterState Bank loan was guaranteed by the FDIC under the TLGP (the “TLGP Loan”), and as provided by the program, represented 125% of the RBC Loan. Coastal used the proceeds of the TLGP Loan to repay the RBC Loan.
In June 2010, Coastal defaulted on the TLGP Loan, and on August 6, 2010, CenterState Bank filed a claim with the FDIC for payment of the full amount due on the TLGP Loan, plus interest. The FDIC paid CenterState’s claim on August 13, 2010, by wiring $3,805,833.34 in principal and interest from the FDIC to CenterState.
United States Attorney Marsh said, “These defendants – bank officers and a bank attorney – took advantage of the Temporary Liquidity Guarantee Program, which was designed to help the country avoid financial collapse, and instead used the program to enrich themselves. Such fraud committed by bank insiders against programs designed to help our citizens will not be tolerated. Not only is such conduct a breach of trust, it is harmful to our communities and our nation. My office will continue to investigate and prosecute any individual who would harm our banking system, our financial institutions, and our national economy.”
Matt Alessandrino, Assistant Inspector General for Investigations, FDIC, said, “The Federal Deposit Insurance Corporation Office of Inspector General is pleased to have joined the U.S. Attorney's Office and our law enforcement colleagues in investigating the fraud that led to these convictions today. It is particularly troubling to the FDIC OIG when bank insiders and other professionals affiliated with the bank violate the public trust and engage in activities that cause losses to the Deposit Insurance Fund or harm FDIC programs designed to restore the strength of the banking system. We are committed in our efforts to maintain integrity in our nation's banks.”
The defendants are facing a maximum of 30 years’ imprisonment on each count of conspiracy to commit wire fraud, wire fraud, and making false statements to the FDIC. Each defendant faces a maximum of five years’ imprisonment for causing the submission of CenterState Bank’s false claim against the United States.
This case was investigated by the Federal Reserve – Office of the Inspector General, the Federal Bureau of Investigation, the FDIC, and the Office of the Special Inspector General for the Troubled Asset Relief Program.
The case was prosecuted by Assistant U.S. Attorney Gayle Littleton and Assistant U.S. Attorney Ryan Love, with the invaluable assistance of Federal Reserve – Office of the Inspector General Special Agent Amy Whitcomb.North Miami Man Sentenced to Five Years for Fraud, Identity TheftRead the Press Release
TALLAHASSEE, FLORIDA B Today Ricardo Jean-Louis, 24, of North Miami, Florida, was sentenced to five years in federal prison for theft of government property, access device fraud, and aggravated identity theft. The sentence was announced by Pamela C. Marsh, U.S. Attorney for the Northern District of Florida.
In 2012, Jean-Louis was involved in a fraudulent scheme to obtain more than $300,000 in federal income tax refunds derived from tax returns that had been filed using the stolen identity information of multiple taxpayers.
Searches conducted by the North Miami Police Department at the residence of Jean-Louis in August 2013 revealed computer information identifying him as a member of the “Money Avenue” street gang known to be involved with identity theft and other economic crimes. Other information retrieved from his computer included the names, dates of birth, and social security numbers of more than 100 persons and records of attempted searches for the personal information of deceased individuals.
As part of his sentence, Jean-Louis was ordered to pay $71,061 in restitution to the Internal Revenue Service.
U.S. Attorney Marsh extended her grateful appreciation to the Internal Revenue Service, the United States Secret Service, and the North Miami Police Department, whose joint investigation led to the conviction in this case.
The government’s case was prosecuted by Assistant U.S. Attorney Karen Rhew-Miller.
Madison Firearms Dealer SentencedRead the Press Release
TALLAHASSEE, FLORIDA– Chad Eric Jones, 43, of Madison, Florida, was sentenced on April 29, 2014, to one year in federal prison by U.S. District Court Judge Robert Hinkle following acceptance of his guilty plea in November of last year. Jones, a federally licensed firearms dealer, pleaded guilty to multiple counts of selling firearms to a convicted felon and a single count of selling a handgun to a person under 21 years of age.
In September of last year, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with the assistance of the Madison County Sheriff’s Office and the Madison Police Department, executed a search warrant at Jones’ residence and place of business, Gunslingers Pawn and Gun on Duval Street in Madison.
While executing the search warrant at Gunslingers Pawn and Gun, agents seized 67 firearms not listed in the Gunslingers acquisition and disposition book. Jones ultimately forfeited all of these firearms to the government and surrendered his federal firearms license.
During the course of the investigation, agents obtained an audio recording in which Jones admitted that he intentionally kept certain firearms out of his acquisition and disposition book to conceal the fact that he was selling firearms to prohibited persons. If a firearm was not in his acquisition and disposition book, Jones believed that government agents would be unable to determine that he had sold the firearm to a convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Madison County Sheriff’s Office, and the Madison Police Department. The case was prosecuted by Assistant United States Attorney Jason S. Beaton.Tallahassee Man Sentenced as Armed Career CriminalRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced today that Michael Townsend Anthony, 40, of Tallahassee, has beensentenced to 188 months in federal prison today for possession of a firearm by a convicted felon. Because Anthony had previously been convicted of three or more crimes of violence committed on separate occasions, he faced a minimum fifteen year term of imprisonment.
Anthony was stopped by officers of the Tallahassee Police Department on August 13, 2013, because his vehicle’s windows were illegally tinted. A police canine alerted to the odors of controlled substances in the car, leading to the discovery of crack cocaine, oxycodone, and drug packaging. The car also held a loaded 9 millimeter pistol and two loaded 12-gauge shotguns. Mr. Arnold’s passenger, Issac Williams, 39, was recently sentenced to state prison for a probation violation arising from the same incident.
Anthony pled guilty after his motion to suppress was denied.
In imposing sentence, United States District Judge Robert L. Hinkle determined that Anthony possessed the firearms in connection with drug distribution offenses. Judge Hinkle also imposed a five-year term of supervision to be served upon release from custody and a $100 special monetary assessment.
At sentencing, the government noted that Anthony had eighteen prior felony convictions and that he had only been out of custody for limited periods since 1991. Anthony was last released from the Florida Department of Corrections in June 2012, thirteen months before the new arrest.
U.S. Attorney Marsh praised the joint efforts of the Tallahassee Police Department and the Bureau of Alcohol, Tobacco, and Firearms. Assistant U.S. Attorney Michael T. Simpson prosecuted this case.
Physician Charged with 210 Counts of Health Care Fraud and Money LaunderingRead the Press Release
GAINESVILLE, FLORIDA – Ona M. Colasante, 57, a physician from Gainesville, Florida, surrendered yesterday on charges contained in a federal indictment. U.S. Attorney Pamela C. Marsh announced the grand jury charges, which include 199 counts of health care fraud, three counts of introduction or delivery of misbranded drugs, three counts of introduction or delivery of unapproved new drugs, and five counts of money laundering.
According to the indictment, Colasante owned and operated a medical business known as the Hawthorne Medical Center in Hawthorne, Florida, from approximately 1998 until March 2009, and the Colasante Clinic on NW 16th Avenue in Gainesville, Florida, from approximately January 2010 until January 2013. During her operation of these medical businesses, Colasante is charged with having submitted or caused to be submitted fraudulent claims to health care benefit programs for medically unnecessary tests and procedures and medical services not rendered or provided, and thereafter receiving reimbursement for the fraudulent claims. These programs included Medicare, Medicaid, and Blue Cross Blue Shield of Florida. It is further alleged that while operating the Clinic, Colasante used some of the proceeds from the fraudulent health care claims to purchase non-FDA-approved drugs and devices from pharmacies located outside the United States. According to the indictment, Colasante then submitted or caused to be submitted fraudulent claims to health care benefit programs for the administration of the non-FDA-approved drugs. It is further alleged that the non-FDA-approved drugs were being administered to patients of the Colasante Clinic without their knowledge or consent.
Colasante made her initial appearance on the charges before U.S. Magistrate Judge Gary R. Jones at the U.S. District Courthouse in Gainesville yesterday. The trial is scheduled for June 17, 2014, before U.S. District Judge Mark E. Walker at the U.S. District Courthouse in Gainesville.
If convicted of charges in the filed indictment, Colasante faces a term of up to 10 years imprisonment for each of the health care fraud counts, up to three years imprisonment for each of the FDA violations, and up to 10 years imprisonment for each of the money laundering counts. She also faces fines and forfeiture of assets on each count.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt in a court of law.
This indictment is the result of a joint investigation conducted by the Department of Health and Human Services, Office of Inspector General; the Federal Bureau of Investigation; the Internal Revenue Service-Criminal Investigation; Florida Attorney General Pam Bondi’s Medicaid Fraud Control Unit; and the Food and Drug Administration. The case is being prosecuted by Assistant United States Attorney Tiffany H. Eggers.Former Federal Correctional Officer Please Guilty to Sexual Relations with InmateRead the Press Release
TALLAHASSEE, FLORIDA -- Angel Santiago, 43, of Ambrose, Georgia, pleaded guilty today to knowingly engaging in a sexual act with a federal prisoner. The plea was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida, and Teresa M. Gulotta-Powers, Special Agent in Charge, United States Department of Justice Office of the Inspector General, Miami Field Office.
Plea documents reflect that, while working as a correctional officer at the Federal Correctional Institution in Tallahassee, Santiago developed a romantic relationship with a female inmate. Several times a month between 2010 and 2012, Santiago would enter the inmate’s cell in the early morning hours and have sexual intercourse with her.
Santiago faces a maximum sentence of 15 years in federal prison. He is also subject to a term of supervised release of five years to life. Sentencing will be held July 10, 2014, in federal district court in Tallahassee.
The case was investigated by the United States Department of Justice Office of the Inspector General. It is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller.
Marion, Indiana, Resident Gets 60 Years in Prison for Solicitation to Commit Murder and Attempted MurderRead the Press Release
JACKSONVILLE, FLORIDA – U.S. Attorney Pamela C. Marsh announced the sentencing today of Robert Eugene Spiker, 45, of Marion, Indiana, by U.S. District Court Judge Mark E. Walker. On January 17, 2014, Spiker pleaded guilty to two counts of Solicitation to Commit Murder of a Federal Judge and an Assistant United States Attorney, and one count of Attempted Murder of an Assistant United States Attorney. Spiker was sentenced today to a total of 60 years in prison, followed by three years of supervised release.
Spiker admitted that between March and April of 2013 he made numerous written threats and devised a plan to murder an Assistant United States Attorney and a Federal Magistrate Judge in Jacksonville, Florida. On separate occasions, Spiker attempted to solicit other individuals to kill the victims for payment or “in-kind” services. Spiker’s written threats and directives included his intention to attack the federal prosecutor in the courtroom. He also directed one assailant to kill the judge without regard to the presence of his family members: “If his family gets in the way, so be it.” Finally, on April 11, 2013, Spiker attempted to smuggle a metal “shank” into the courtroom for the purpose of murdering the federal prosecutor. Prior to his entry into the courtroom, Spiker was searched, and the weapon was confiscated.
This case was investigated by the Federal Bureau of Investigation, the U.S. Marshals Service, and the Baker County Sheriff's Office. The case was prosecuted by Assistant U.S. Attorney Frank Williams.
Two Sentenced in Mortgage Fraud SchemeRead the Press Release
PENSACOLA, FLORIDA – U.S. Attorney Pamela C. Marsh announced the sentencing today of Jason Andrew Vitulano, 38, of West Palm Beach, Florida, and Marc A. Gross, 54, of Boca Raton, Florida, by U.S. District Court Chief Judge M. Casey Rodgers following acceptance of their guilty pleas in August of last year. Both Vitulano and Gross pleaded guilty to several counts that included: conspiracy to commit mail fraud and wire fraud, two counts of mail fraud, and conspiracy to commit money laundering. Gross also pleaded guilty to making false statements to a federal agent and perjury. Vitulano was sentenced to 77 months in prison, ordered to pay restitution in the amount of $4,047,140.81, and a monetary judgment in the amount of $1,404,447 was entered. As part of Gross’s sentence, the Court forfeited Gross’s personal residence valued at approximately $340,000, his retirement accounts valued at approximately $253,000, and also ordered him to pay $3,507,187 in restitution as part of the five years of probation Gross was ordered to complete.
Vitulano and Gross both admitted that between June 2007 and February 2008, they were involved in the purchase of six townhomes in Temple Terrace, Florida, and two homes in Santa Rosa Beach, Florida, all purchased in the names of straw buyers. In order to finance each of these purchases, Vitulano and Gross caused loan applications containing false information to be submitted to various mortgage lenders and financial institutions. The false information submitted included false employers and an overstatement of income and assets. The fraudulently obtained loans were foreclosed upon causing harm to the lenders.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Florida Department of Law Enforcement, and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Tiffany H. Eggers.
Task Force Puts Drug Trafficking Ring Out of BusinessRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced the culmination of Organized Crime Drug Enforcement Task Force Operation “King of the Trap.”
The operation targeted a drug trafficking organization that was responsible for distributing in excess of 100 kilograms of cocaine and 500 pounds of marijuana in the north central panhandle of Florida between 2008 and 2013. The investigation led to the arrest and prosecution of 43 federal defendants, whose sentences ranged from three years of probation to life imprisonment.
As a result of the operation, law enforcement personnel seized nine kilograms of cocaine, one kilogram of crack cocaine, three pounds of marijuana, and 220 grams of methamphetamine. In addition, the investigation resulted in the seizure of 14 firearms and assets valued in excess of $120,000.
U.S. Attorney Marsh praised the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the office of Homeland Security Investigations, the Florida Department of Law Enforcement, the Florida Highway Patrol, the Leon County Sheriff’s Office, the Taylor County Sheriff’s Office, the Tallahassee Police Department, and the Perry Police Department for their hard work, dedication, and expertise in the investigation that led to the successful prosecution of this case.
The case was prosecuted by Assistant United States Attorney Jason R. Coody.Three Local Residents Sentenced for Food Stamp FraudRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced thatthree men have been sentenced today by United States District Judge Mark Walker for conspiring to defraud the Supplemental Nutrition Assistance Program (SNAP) - - also known as the food stamp program - - and on other charges.
Rodrigue Bissainthe, 26, pled guilty to conspiracy and two mail fraud charges on November 27, 2013. He received a sentence of three years of supervised release, with one year to be served in home confinement. He must pay $300 in special monetary assessments (SMAs) and $3,572.85 in restitution. His convictions were based upon allowing fraudulently obtained SNAP debit cards to be mailed to his residence and using one of the SNAP cards.
Darius Jemmott, 22, was convicted of conspiracy, three charges of fraud involving interstate wire communications, and aggravated identity theft. He received a sentence of two years in prison, to be followed by a three-year term of supervised release. He must pay $500 in SMAs and $500.10 in restitution. He provided a second address to which fraudulently obtained SNAP debit cards were mailed and used one of the SNAP cards.
Dwayne Phanor, 24, pled guilty to conspiracy, mail fraud, wire fraud, and seven aggravated identity theft charges on December 4, 2013. He received a sentence of 54 months in prison, to be followed by twelve months of supervised release. He must pay $1,000 in SMAs and restitution of $7,905.21.
According to court records, Phanor filed approximately 72 fraudulent SNAP applications, seeking total benefits of approximately $102,000. Some applications were unsuccessful, because those people named in the applications were already properly receiving SNAP benefits. Phanor then made about twenty-five change of address requests, to have those legitimate SNAP benefits diverted to locations he controlled. In those calls, Phanor sometimes pretended to be elderly or female, based upon the circumstances of the genuine beneficiary. When Phanor received SNAP cards, he sold them at discounted prices to his acquaintances.
SNAP provides economic assistance to qualified low-income people, to help them obtain adequate food. The United States Department of Agriculture funds the SNAP program, and in Florida, SNAP is administered by the Department of Children and Family Services (DCF). The Department of Financial Services investigates public assistance fraud arising from DCF programs.
U.S. Attorney Marsh praised the Department of Children and Family Services, the Department of Financial Services, the Tallahassee Police Department, the United States Postal Inspectors, and the United States Secret Service for their hard work, dedication, and expertise in the investigation that led to the successful prosecution of this case.
The case was prosecuted by Assistant United States Attorney Michael T. Simpson.Shalimar Man Sentenced to 30 Years in Federal Prison for Child Exploitation ChargesRead the Press Release
PENSACOLA, FLORIDA, – United States Attorney Pamela C. Marsh announced that Joshua Douglas Taylor, 24, of Shalimar, Florida, was sentenced yesterday afternoon by Chief U.S. District Judge Casey Rodgers to 360 months in prison for receipt and transportation of child pornography.
Taylor’s sentence was the result of conduct that occurred between October 28, 2011, and February 16, 2012. During that time, Taylor knowingly and intentionally received and transported images and videos of child pornography.
In addition to the term of imprisonment, Taylor was also sentenced to a life term of supervised release.
Ms. Marsh credited the success of this prosecution to the joint efforts of the agencies participating in the North Florida Internet Crimes Against Children Task Force, particularly agents from the Federal Bureau of Investigations, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Pensacola Police Department, the Okaloosa County Sheriff’s Office, and the Walton County Sheriff’s Office.The case was prosecuted by Assistant U.S. Attorney J. Ryan Love.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 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, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov .
Former Federal Correctional Officer Indicted for Sexual Relations with InmateRead the Press Release
TALLAHASSEE, FLORIDA – Angel Santiago, 43, of Ambrose, Georgia, has been indicted for engaging in a sexual act with an inmate who was then under his custodial authority as a federal correctional officer. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida and Teresa M. Gulotta-Powers, Special Agent in Charge, United States Department of Justice Office of the Inspector General, Miami Field Office.
The indictment alleges that the offense took place between 2010 and 2012, at the Federal Correctional Institution in Tallahassee. Santiago was arraigned in federal court today and a trial date was scheduled for May 6, 2014.
If convicted, Santiago faces a maximum sentence of 15 years in federal prison.
The case was investigated by the United States Department of Justice Office of the Inspector General. It is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former State Correctional Officer Charged with Civil Rights ViolationRead the Press Release
TALLAHASSEE, FLORIDA – Christopher Brunson, 38, of Perry, Florida, has been indicted for violating the civil rights of a Taylor County Correctional Institution inmate. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The indictment alleges that on January 30, 2013, Brunson, who was then employed as a correctional officer at the Taylor Correctional Institution, struck and assaulted an inmate resulting in bodily injury. Brunson was arraigned in federal court today and a trial date was scheduled for April 14, 2014.
If convicted, Brunson faces a maximum sentence of ten years in federal prison.
The case was investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Florida Department of Corrections, Office of Inspector General. It is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Perry Physician Indicted for Unlawfully Dispensing Controlled SubstancesRead the Press Release
TALLAHASSEE, FLORIDA – Perry, Florida, physician Eulogio Muncal Vizcarra, 71, was arrested yesterday on charges contained in a federal indictment. U.S. Attorney Pamela C. Marsh announced that the grand jury charged Vizcarra with 49 counts of unlawfully dispensing, or causing the dispensing of controlled substances.
According to the indictment, Vizcarra operated a medical business known as the Perry Family Medical Clinic on S. Jefferson Street in Perry, Florida, where Vizcarra is charged to have prescribed controlled substances to patients without sufficient medical necessity. He allegedly prescribed these substances in quantities and dosages that caused patients to abuse, misuse, and become addicted to the drugs. The indictment further alleges that Vizcarra prescribed controlled substances to patients knowing that the patients were addicted to and misusing these drugs, and that he continued to prescribe addictive controlled substances to patients even after learning that the patients had suffered overdoses on the drugs, were selling the drugs, or were ‘doctor shopping.’
He made his initial court appearance on the charges before U.S. Magistrate Judge Charles A. Stampelos at the U.S. District Courthouse in Tallahassee today. The trial is scheduled for April 14 before U.S. District Judge Mark E. Walker at the U.S. District Courthouse in Tallahassee.
If convicted of unlawfully dispensing controlled substances, Vizcarra faces a term of up to 5, 10, or 20 years imprisonment depending upon the controlled substances involved, and a fine of up to $1,000,000.
This indictment is the result of a joint investigation conducted by the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Marshals Service, the Florida Department of Health, Taylor County Sheriff’s Office, and the United States Attorney’s Office for the Northern District of Florida. The case is being prosecuted by Assistant United States Attorney Eric K. Mountin.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the Government's burden to prove guilt beyond a reasonable doubt in a court of law.
IRS and Federal Prosecutors Crack Down on Fraud as Tax Season ApproachesRead the Press Release
TALLAHASSEE, FLORIDA — United States Attorney Pamela C. Marsh and Special Agent in Charge James D. Robnett of the Tampa Field Office of Internal Revenue Service Criminal Investigation joined today to announce their increased efforts to enforce federal income tax laws as the nation begins the tax-filing season.
From Pensacola to Gainesville, legal actions for violations of tax and monetary laws have surged. Recent trials found two guilty in Panama City of more than $500,000 in stolen identity refund fraud; six defendants throughout the district pleaded guilty in separate cases involving more than $3 million in tax fraud; and judgments of eight defendants in Pensacola, Panama City, and Tallahassee netted sentences ranging from 24 to 78 months, more than $6 million in forfeiture, and an estimated $900,000 in restitution. These recent activities, along with the indictment of five more individuals, make up part of the increased enforcement efforts over the recent weeks.
Ms. Marsh cautioned would-be fraudsters, “As the number of crooks willing to steal identities and tax dollars has grown, so has our ability to track, investigate, arrest, and prosecute these cases. We will pursue criminal prosecutions of all who engage in these illegal activities, with intensity. Further, to those who contemplate filing fraudulent tax returns, the recent sentences handed down by our courts should serve as a warning that offenders face serious punishment. Honest, hardworking taxpayers are entitled to this protection by law enforcement. We are ready for tax season.”
SAC Robnett warned tax cheats, “Beware! As filing season approaches, many of you may believe you can get away with committing tax fraud. But be warned: the tenacious investigators of the IRS will not stop in their pursuit of those responsible for stealing from the federal government and the American people.” In addressing the taxpaying public, SAC Robnett stated, “Our office, in partnership with prosecutors and law enforcement officers throughout the state, will dedicate the necessary resources to make an impact in the fight against fraud. You, the taxpaying members of the public, should have confidence that those who do not pay their fair share of taxes, and who steal your hard earned money, will be held accountable.”
Over the last year, here are some examples of notable tax cases in our District:Pensacola:
January 31, 2014: Douglas Edward Henderson, 51, of Fort Walton Beach, Florida, pleaded guilty to an Information charging him with five counts of submitting a false tax return, two counts of aiding in the preparation of a false tax return, one count of mail fraud, and one count of conspiracy to commit mail and wire fraud. As the president of Henderson Electric Heat and Air Conditioning and Henderson Electric, Inc., Henderson caused personal expenses to be paid from business accounts for the years 2008 through 2010, and caused their false classification as business expenses associated with contracts between his companies and MacDill Air Force base. These items were then falsely deducted on corporate tax returns and the personal income was never reported on his individual income tax return, for which he later provided false invoices to the IRS in an attempt to conceal the crime. Henderson also engaged in a fraudulent short-sale of a condominium causing the mortgage company to lose nearly $500,000. Henderson is scheduled to be sentenced by Chief U.S. District Court Judge M. Casey Rodgers on April 17, 2014, at 9 a.m.
Panama City:
February 6, 2014: Angel Done, 54, of New York, New York, was sentenced by United States District Judge Richard Smoak to 78 months in prison and was ordered to pay restitution to the IRS in conjunction with other defendants in the amount of $245,747.32. Done was the last of five defendants sentenced to federal prison for various federal tax violations. Previously, Judge Smoak sentenced Wilson Calle, 55, of New York, New York, and Blaine Johnston, 62, of Marianna, Florida, each to 78 months in prison; Wilfredo Rodriguez, 53, of Miami, Florida, to 27 months in prison; and Diana Gonzalez, 63, of Miami, Florida, to 63 months in prison. Between 2008 and 2009, the defendants prepared and filed fraudulent tax returns seeking more than $19 million in refunds.
February 6, 2014: Versiah M. Taylor, 33, and Tracy L. Collier, 48, both of Panama City, Florida, were found guilty by a federal jury on multiple counts of tax fraud, wire fraud, and identity theft. Between September 9, 2011, and August 15, 2012, the defendants prepared and filed fraudulent tax returns seeking more than $500,000 in refunds using the personal identifying information (PII) of inmates of the Florida Department of Corrections, Bay County residents, and others. Collier, who was incarcerated during the conspiracy, provided the personal information of inmates by disguising the social security numbers and dates of birth as legal case citations and then mailing them to Taylor. Taylor orchestrated the filing of multiple tax returns using false employment information and the PII of other individuals. Sentencing for both defendants is scheduled for May 7, 2014, before United States District Judge Richard Smoak.
Tallahassee:
January 23, 2014: Jerry Samuel Joseph, 33, originally of Tallahassee, Florida, pleaded guilty to conspiracy to file false tax claims for refund, theft of government property, mail fraud, and aggravated identity theft. Joseph filed at least 71 false tax returns totaling more than $315,000. Joseph is scheduled to be sentenced before U.S. District Court Judge Robert L. Hinkle on April 29, 2014. Rose Vernet, a co-conspirator who helped cash some of the refund checks produced by this fraudulent scheme, received a term of probation and was ordered to pay $20,714.45 in restitution on November 14, 2013.
February 4, 2014: Ashley Assgill Glover, 28, of Miami, Florida, pleaded guilty to one count of theft of government property, one count of possession of unauthorized devices, and one count of aggravated identity theft. Following a traffic stop by the Tallahassee Police Department, Glover was found with the PII of more than 800 victims and debit cards loaded with tax refunds linked to fraudulent tax returns. Glover was stopped two more times in the following eight months by various state and local law enforcement agencies, each time in the possession of the PII of hundreds of victims. To date, the IRS has identified fraudulent tax returns using that PII, which claim approximately $369,848 in fraudulent tax refunds. Glover is scheduled to be sentenced before U.S. District Court Judge Mark E. Walker on April 18, 2014.
February 11, 2014: Ricardo Jean-Louis, 24, of North Miami, Florida, pleaded guilty to theft of government funds, unlawful use of an access device, and aggravated identity theft. Between January and February 2012, Jean-Louis obtained six pre-paid debit cards that had been loaded with fraudulently obtained tax refunds totaling more than $50,000. The tax returns had been filed in the names of unwitting victims. Jean-Louis used several of the cards at Tallahassee banks and retailers to obtain more than $10,000 in cash and merchandise. He is scheduled to be sentenced by U.S. District court Judge Robert L. Hinkle on May 2, 2014 at 9 a.m.
February 14, 2014: U.S. District Court Judge Robert L. Hinkle sentenced William “Geri” Eaton, 60, to 27 months in prison for tax evasion and making false statements in a matter involving a health care benefit program. Between August 2010 and December 2011, Eaton willfully evaded payment of more than $650,000 in federal income taxes by concealing the nature, location, and extent of his assets, by making false and misleading statements and material omissions concerning the existence of IRS liens on his property, and by opening a bank account using a false social security number. Eaton also admitted making false statements and submitting false documents in a matter involving Sacred Heart Health System.
Gainesville:
February 13, 2014: Ricardo Jacinto Rodriguez, 37, of Tampa, Florida, pleaded guilty to charges of conspiracy to file false tax claims for refund, possession of unauthorized access devices, and aggravated identity theft. Rodriguez admitted to providing PII of more than 100 patients from the Veteran’s Administration, where he worked as a volunteer, to his co-defendant, Andropolis Mitchell, who already pleaded guilty to his participation in the fraudulent tax scheme. The investigation determined that an estimated 65 false claims for tax refunds were filed in an attempt to obtain more than $550,000, of which the defendants received approximately $212,000. Rodriguez is scheduled to be sentenced on May 19, 2014, before U.S. District Court Judge Mark E. Walker.
These cases were the result of investigations by the Special Agents of the IRS-Criminal Investigation, its federal, state, and local law enforcement partners, and prosecuted by Assistant United States Attorneys of the Northern District of Florida.
Realtor Sentenced to Prison for Tax Evasion and False StatementsRead the Press Release
TALLAHASSEE, FLORIDA – William “Geri” Eaton, 60, was sentenced to 27 months in prison for tax evasion and for making false statements in a matter involving a health care benefit program.
Between 2004 and 2008, Eaton, a realtor, earned more than $1.18 million in taxable income. He failed to file his federal income tax returns as they became due and instead, in the fall of 2009, Eaton filed late returns for all four prior tax years. His total tax due, not counting interest and penalties, was more than $472,000. In early 2010, Eaton entered an agreement to pay his back-taxes in monthly installments of $1,000. He made six payments, and then stopped paying altogether. On April 29, 2011, Eaton opened an account under a false social security number at a Tallahassee credit union. One week later, he sold his beach house in St. Teresa, Florida, for more than $1.3 million. To conceal the money from the IRS, Eaton deposited the $727,437 in proceeds he received from the sale into his fraudulently-opened credit union account. He later transferred a portion of this money to a Pensacola credit union account, which he had also opened under a false social security number. Over the course of the next seven months, Eaton spent more than $125,000 of the sales proceeds. He made no payments on his taxes during this period.
In September 2011, Eaton was treated for a heart attack at Sacred Heart Hospital in Pensacola. He applied to the hospital for financial assistance in paying his bill. In his application for assistance, Eaton falsely claimed that he had a single checking account with a balance of only $1,588, when, in fact, the balances in his accounts totaled well over $600,000. In listing his assets on the application, Eaton also fraudulently omitted the fact that he had purchased two vehicles for $31,000 only a month before. In reliance on Eaton’s false statements, Sacred Heart Hospital wrote off $79,622 in charges for Eaton’s care.
In November 2011, the IRS levied Eaton’s fraudulently-opened credit union accounts and obtained approximately $610,000 as payments toward his tax liabilities.
In November 2013, Eaton pleaded guilty to charges of tax evasion and making false statements in a matter involving a health care benefit program. In addition to his prison sentence, Eaton was ordered to pay $99,126 in restitution to the IRS and to Sacred Heart Health System.
In announcing the sentence handed down by the court, United States Attorney Pamela C. Marsh expressed her deep gratitude for the work of the Assistant U.S. Attorney who prosecuted the case, as well as the agents of IRS Criminal Investigations who investigated the case. Ms. Marsh said, “Every year, millions of hard-working Americans comply with the law and pay their federal taxes. Those who evade and cheat the system hurt all of us. Criminal tax prosecutions are often difficult and complicated to investigate and prosecute, but they are necessary to deter potential violators and promote respect for the tax laws. The sentence in this case should serve as a stark warning to those who choose to cheat their fellow Americans by failing to pay their fair share.”
The case was prosecuted by Assistant United States Attorney Karen Rhew-Miller.
Crawfordville Man Sentenced on Silencer ChargesRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced thatAlbert Hendrik “Henk” Van Der Merwe, 46, of Crawfordville, Florida, was sentenced today by United States District Judge Robert Hinkle to serve 12 months in prison for importing merchandise under false invoice and for receiving unregistered silencers. Van Der Merwe will serve a three-year term of supervised release after his incarceration, during which he will be subject to search by his probation officer. As a consequence of this conviction, he cannot own or possess firearms. The court also entered an order forfeiting Van Der Merwe’s interest in three silencers and in an Uzi 9 millimeter carbine.
Van Der Merwe was arrested on April 10, 2013, after agents intercepted three silencers that he had ordered from South Africa under an invoice declaring them to be motorcycle parts. Messages retrieved from Van Der Merwe’s e-mail accounts reflected that he had ordered another silencer from the same supplier in the past, that he wanted these shipped “discretely,” and that he was interested in obtaining additional silencers for friends. He requested that the silencer for the Uzi be “full-auto rated.” Examination of the weapon determined that the Uzi had been converted to a machine gun.
U.S. Attorney Marsh credited the success of this prosecution to the joint efforts of the U.S. Customs Service and the Bureau of Alcohol, Tobacco, and Firearms.
The case was prosecuted by Assistant United States Attorney Michael T. Simpson.
Two Found Guilty of Tax Fraud, Wire Fraud, and Identity TheftRead the Press Release
PANAMA CITY, FLORIDA – Following a six-day trial, a jury found Versiah M. Taylor, 33, and Tracy L. Collier, 48, guilty yesterday evening on multiple counts of tax fraud, wire fraud, and identity theft. Taylor and Collier are both from Panama City.
Evidence presented at trial proved that between September 9, 2011, and August 15, 2012, the defendants prepared and filed fraudulent tax returns seeking more than $500,000 in refunds. The defendants used the personally identifiable information (PII) of inmates of the Florida Department of Corrections, Bay County residents, and others to file fraudulent income tax returns. Collier, who was incarcerated during the conspiracy, provided the personal information of inmates by disguising the social security numbers and dates of birth as legal case citations and mailed them to Taylor. Taylor, operating out of a small office that he rented in the Steele Boys Bail Bond’s Plaza in Panama City, orchestrated the filing of multiple tax returns creating false employment information and using the PII of other individuals. These returns each claimed fraudulent refunds between $3,000 and $9,530 and were to be deposited onto prepaid debit cards, which were then mailed to various locations throughout Bay County, Florida.
Taylor and Collier each face up to 20 years in prison, a fine of up to $250,000, up to three years of supervised release, restitution, criminal forfeiture, and a $100 special monetary assessment. Additionally, for each count of aggravated identity theft, Taylor and Collier face a minimum mandatory sentence of two years in prison that is to be served consecutive to any other sentence imposed.
Sentencing for both defendants is scheduled for May 7, 2014, before United States District Judge Richard Smoak.
This case was investigated by the Internal Revenue Service – Criminal Investigation Division.
The case was prosecuted by Assistant U.S. Attorney Katy Risinger.
Final Defendant in Tax Fraud Scheme Sentenced to PrisonRead the Press Release
PANAMA CITY, FLORIDA — United States Attorney Pamela C. Marsh announced today that Angel Done, 54, of New York, New York, was sentenced by United States District Judge Richard Smoak to 78 months in prison and was ordered to pay restitution to the Internal Revenue Service in conjunction with other defendants in the amount of $245,747.32.
Done is the fifth and final defendant sentenced to federal prison as a result of charges brought against him and four other co-defendants by the U.S. Attorney’s Office, alleging various federal tax violations. On December 19, 2013, Judge Smoak imposed the following sentences on the other defendants:
- Wilson Calle, 55, of New York, New York, was sentenced to 78 months in prison and was ordered to pay restitution to the Internal Revenue Service in conjunction with other defendants in the amount of $245,747.32;
- Blaine Johnston, 62, of Marianna, Florida, was sentenced to 78 months in prison and was ordered to pay restitution to the Internal Revenue Service in conjunction with other defendants in the amount of $245,747.32;
- Wilfredo Rodriguez, 53, of Miami, Florida, was sentenced to 27 months in prison and was ordered to pay restitution to the Internal Revenue Service in the amount of $160,490.93; and
- Diana Gonzalez, 63, of Miami, Florida, was sentenced to 63 months in prison and was ordered to pay restitution to the Internal Revenue Service in conjunction with other defendants in the amount of $245,747.32.
U.S. Attorney Marsh praised the investigators and prosecutors for bringing this case to a successful conclusion and said, “As the number of greedy offenders willing to steal identities and tax dollars has grown, so has our ability to track, investigate, arrest, and prosecute these cases, effectively and cooperatively. We are pursuing those engaged in these schemes, with intensity, and we are ready for tax season.”
During the federal trial in September, prosecutors presented evidence that between 2008 and 2009, the defendants prepared and filed fraudulent tax returns seeking more than $19 million in refunds. The defendants falsely reported that creditors of the defendants and their clients had withheld large amounts of federal income taxes and asserted that the creditors had paid those amounts over to the IRS. As a result of the fraudulently overstated income tax withholding, the tax returns filed on behalf of the defendants or their clients claimed large refunds, to which they were not entitled.
Following the trial, Done, Calle, and Johnston were found guilty by a federal jury of conspiring to defraud the United States by filing, or assisting others in filing, false federal income tax returns and of multiple counts of filing false federal income tax returns. Rodriguez was found guilty by the jury of filing a false federal income tax return seeking a false and fraudulent refund. Gonzalez had previously entered a guilty plea to the charge of conspiracy to defraud the United States by filing, or assisting others in filing, false federal income tax returns seeking false and fraudulent refunds.
This case was investigated by the Internal Revenue Service – Criminal Investigation and prosecuted by Assistant U.S. Attorneys J. Ryan Love and Randall J. Hensel.
Registered Sexual Offender Sentenced to Return to PrisonRead the Press Release
PENSACOLA, FLORIDA – Pensacola resident Clay C. Keys, 53, was sentenced today on his guilty plea to a federal indictment charging him with the receipt and distribution of child pornography and possession of ammunition by a convicted felon. Keys was previously convicted in state court for a lewd and lascivious act upon a child, and was a registered sexual offender.
Keys was found guilty of using peer-to-peer software between April 2009 and August 2013 to share thousands of images of child pornography online. A federal search warrant was obtained for Keys’ residence in August 2013, and law enforcement officers discovered more than 10,000 images and videos of child pornography. Chief United States District Judge M. Casey Rodgers sentenced Keys to 15 years in federal prison to be followed by a lifetime of supervised release.
Keys was also sentenced to 10 years in prison for possession of ammunition by a convicted felon, which will run concurrent with his sentence for child pornography.
In announcing the sentence imposed by the court, United States Attorney Pamela C. Marsh credited the success of this prosecution to the joint efforts of the Department of Homeland Security, the Pensacola Police Department, and other members of the Internet Crimes Against Children Task Force, whose joint investigation led to the complaint in the case.
The case was prosecuted by Assistant U.S. Attorney David L. Goldberg.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 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, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Miami Resident Pleads to Tax Fraud and Identity TheftRead the Press Release
TALLAHASSEE, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced that Ashley Assgill Glover, 28, of Miami, Florida, pleaded guilty today to one count of theft of government property, one count of possession of unauthorized devices, and one count of aggravated identity theft.
Glover is scheduled to be sentenced by U.S. District Court Judge Mark Walker on April 18, 2014. On the first two counts, she faces maximum penalties of 10 years in prison, three years of supervised release, and a $250,000 fine. On the third count, she faces a mandatory two-year term of imprisonment that must run consecutive to the sentence imposed on the other counts, one year of supervised release, and a $250,000 fine.
On March 12, 2012, the Tallahassee Police Department stopped Glover and found her in possession of personal identifying information (PII) for more than 800 victims. Debit cards loaded with tax refunds linked to fraudulent tax returns were also found. To date, the IRS has identified fraudulent tax returns using that PII, which claim approximately $369,848 in fraudulent tax refunds.
Three months after the Tallahassee Police Department incident, Glover was stopped by Coral Springs Police Department and found in possession of PII for more than 160 victims. Then five months later, Glover was stopped by the Florida Department of Agriculture, and was found in possession of yet another list containing PII for more than 600 victims.
The case was investigated by the Tallahassee Police Department, the United States Secret Service, the Internal Revenue Service, and the Florida Department of Agriculture.
The case is being prosecuted by Assistant U.S. Attorney Winifred L. Acosta Nesmith.