FEDERAL DISTRICT ARCHIVE
Northern District of Florida
Press releases recorded for this federal judicial district.
Three Tallahassee Residents Convicted of Food Stamp FraudRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced today thatthreemen have been convicted of conspiring todefraud the Supplemental Nutrition Assistance Program (SNAP), as well as other charges. SNAP is also known as the food stamp program. Rodrigue Bissainthe, 26, pled guilty to conspiracy and to two mail fraud charges on November 27, 2013. Darius Jemmott, 21, was convicted of conspiracy, three charges of fraud involving interstate wire communications, and aggravated identity theft at a trial that concluded December 3, 2013. Dwayne Phanor, 24, pled guilty to conspiracy, mail fraud, wire fraud, and seven aggravated identity theft charges on December 4, 2013, after a jury had been sworn to try his case.
SNAP provides economic assistance to qualified low-income people, to help them obtain adequate food. This assistance is provided on Electronic Benefits Transfer (EBT) cards, which function as pre-loaded debit cards. The United States Department of Agriculture funds the SNAP program. In Florida, SNAP is administered by the Department of Children and Family Services (DCF). When these crimes occurred, between January and April 2013, DCF had contracted with JP Morgan Chase (JPMC) to service aspects of the program. The Department of Financial Services (DFS) investigates public assistance fraud arising from DCF programs.
According to matters presented in Court, DCF realized in March 2013 that numerous SNAP applications had been received for a single Tallahassee address, on Magnolia Court. Controlled deliveries of EBT cards to that address led to the arrest of Bissainthe by the Tallahassee Police Department on April 16, 2013. Bissainthe admitted that he was receiving these cards for Phanor and that Phanor had given him an EBT card for his own use.
DFS was able to track the use of another EBT card at local merchants, leading to the identification and arrest of Jemmott on April 18, 2013. Jemmott had that card on his person when arrested and eventually admitted buying it from Phanor.
Phanor was arrested in an adjacent Tallahassee apartment, also on April 18, 2013. Phanor’s backpack held voluminous notations relating to fraudulent EBT applications and change of address requests. Phanor advised that his telephone number was the same as the number that had been used to make calls to a JPMC EBT call center. Phanor admitted filing numerous SNAP applications using other people’s names, Social Security numbers, and dates of birth. Phanor indicated that he gained access to an Ocala Road delivery address through Jemmott. Another address on West Georgia Street was also used.
Some of Phanor’s fraudulent applications were denied, because those people were already receiving SNAP benefits. Phanor admitted calling the JPMC call center, pretending to be the genuine beneficiaries (both men and women), and asking that the benefits be re-directed to the addresses he controlled. His aggravated identity theft convictions were based upon seven of these calls.
A DCF representative presented documents showing that at least 72 fraudulent applications were filed, involving a potential loss of $101,258.82 and an actual loss of $7,291.88. The defendants will be sentenced by United States District Judge Mark Walker. Bissainthe will be sentenced on February 7, 2014, and Jemmott and Phanor on March 14, 2014. The conspiracy, wire fraud, and mail fraud convictions each carry a maximum possible term of twenty years in prison, a $250,000 fine, and a three-year term of supervised release. The penalty for aggravated identity theft is a mandatory two years in prison, a maximum $250,000 fine, and a one-year term of supervised release. Sentence on aggravated identity theft charges must be consecutive to sentences for any other conviction, but may be concurrent with other aggravated identity theft sentences.
U.S. Attorney Marsh praised the joint efforts of 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 prosecution of this case.
This case is being prosecuted by Assistant U.S. Attorney Michael T. Simpson.Panama City Woman Sentenced for Theft of Government FundsRead the Press Release
TALLAHASSEE, FLORIDA– Selena Noblit, 43, of Panama City, Florida, was sentenced today by U.S. District Judge Robert L. Hinkle to a one-year term of probation, 192 hours of community service, and a $100 special monetary assesment for the theft of over $11,000 in government funds belonging to the Apalachicola Housing Authority.
The defendant pleaded guilty June 4, 2013, to a charge of theft of government funds. Noblit was charged after an investigation and audits conducted by the U.S Department of Housing and Urban Development (HUD) and the Apalachicola Housing Authority (AHA), which revealed that from June 2011 through May 2012, she had improperly used a government credit card for personal purchases of more than $11,000. The purchases included charges for clothing, auto repairs, personal travel, and food, none of which were authorized or for business expense. The credit card bill, including the defendant’s personal purchases, was then paid from HUD federal funds allocated to the AHA.
The case was prosecuted by Assistant U.S. Attorney Eric Mountin.
Milton Woman Indicted for Bomb ThreatsRead the Press Release
PENSACOLA, FLORIDA -- Eboni Parker, age 33, of Milton, was arrested and charged today with two counts of maliciously conveying false information of a bomb threat, announced United States Attorney Pamela C. Marsh, Northern District of Florida.
A two count indictment issued on November 20, 2013, alleges that on January 30, 2013, and February 20, 2013, Parker made, aided, or abetted the making of false bomb threats through the use of a cellular telephone. On those dates, Gulf Power Company received telephonic bomb threats to their Milton office.
Parker appeared today for her initial appearance and arraignment before U.S. Magistrate Judge Elizabeth Timothy at the U.S. District Court in Pensacola, Florida. Parker pleaded not guilty to the charges and her trial is scheduled for January 6, 2014, before Senior United States District Judge Lacey Collier.
The defendant is facing a maximum sentence of ten years and a $250,000 fine on each count.
U.S. Attorney Marsh praised the work of the Federal Bureau of Investigation and the Santa Rosa County Sheriff’s Office, whose joint investigation led to the indictment in the case.
The case is being prosecuted by Assistant U.S. Attorney Randall J. Hensel.
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 at trial in a court of law.
Panama City Man Sentenced to 37 Months in Federal Prison for Tax FraudRead the Press Release
PANAMA CITY, FLORIDA – Anthony Q. Atkinson, 31, of Panama City, Florida, was sentenced today to serve 37 months in federal prison for filing fraudulent tax returns using the personal identifying information of other individuals. The sentence imposed by the court was announced by United States Attorney for the Northern District of Florida, Pamela C. Marsh.
Atkinson and others were involved in a tax scheme whereby they conspired to file false federal income tax returns with the Internal Revenue Service claiming refunds to which the defendants knew they were not entitled. As part of the scheme, conspirators would provide the personal identifying information of other individuals to Atkinson, who would then file false tax returns for each of those individuals. The returns transmitted in this scheme have notable similarities, including fabricated taxable interest income and names of financial institutions, false amounts of Social Security income, and fabricated amounts of tax withholdings. As a result of the scheme, Atkinson and others caused the United States Treasury to pay approximately $23,496 in fraudulent income tax refunds, which Atkinson was ordered to pay back to the Internal Revenue Service as restitution.
Atkinson was also sentenced to serve a 3-year term of supervised release, and ordered to pay a $900 special monetary assessment.
This conviction results from an investigation by agents of the U.S. Internal Revenue Service and was prosecuted by Assistant United States Attorney Kathryn Risinger.Former Labor Union President Sentenced to 30 Months in Federal Prison for Wire FraudRead the Press Release
PANAMA CITY, FLORIDA – Danny L. Hubbard, 49, of Panama City, was sentenced today to serve 30 months in federal prison for committing wire fraud by stealing approximately $91,600 from the American Federation of Government Employees (AFGE) Local 1380.
AFGE Local 1380 is a labor union that represents federal employees who work at the Naval Support Activity in Panama City, Florida. Hubbard became the acting president of AFGE Local 1380 in or around November 2006 and served as the president through 2008. While president, Hubbard wrote checks to himself or to cash, a local convenience store, and Boomtown Casino in Biloxi, Mississippi. Additionally, he conducted other numerous financial transactions and withdrew $6,650 from the union’s savings account. The funds disbursed as a result of Hubbard’s actions were not used for AFGE Local 1380’s official business or for the union. He did not obtain approval from AFGE Local 1380’s executive board or membership before disbursing the funds to himself, cash, or other third-party entities. He was ordered to pay restitution in the amount of $91,600 as a result of his scheme to defraud.Hubbard was also sentenced to serve a 3-year term of supervised release, and ordered to pay a $2,400 special monetary assessments.
This conviction results from an investigation by agents of the U.S. Department of Labor and was prosecuted by Assistant United States Attorney Kathryn Risinger.Alabama Man Sentenced to 188 Months in Federal Prison for Attempted Online Enticement and Traveling to Engage in Sexual Activity with a MinorRead the Press Release
PANAMA CITY, FLORIDA – Jeffrey Monroe Roy, 48, of Mobile, Alabama, was sentenced today to serve 188 months in federal prison for using the Internet in an attempt to persuade, induce, and entice a minor to engage in sexual activity and traveling across state lines with the intent to engage in sexual activity with a minor.
Evidence presented during trial proved that on June 13, 2012, law enforcement officers, acting in an undercover capacity, posted an advertisement on Craigslist posing as a 13-year-old female. Roy responded to the posting, and over the next three days, he engaged in email chats and telephone calls that were sexual in nature with a person he believed to be a 13-year-old female named Jaz. During his communications with Jaz, Roy discussed numerous sexual situations and attempted to entice the 13-year-old female to engage in sexual activity with him. After making arrangements to meet Jaz, Roy drove from Mobile, Alabama, on June 16, 2012, to meet with her at a predetermined location, where he was arrested and found to be in possession of Viagra, condoms, a camera, a knife, handcuffs, a first aid kit, and a deck of 52 sex-position cards.
Roy was also sentenced to a lifetime term of supervised release, and ordered to pay a $200 special monetary assessment.
In announcing the sentence imposed by the court, Pamela C. Marsh, United States Attorney for the Northern District of Florida, credited the success of this prosecution to the joint efforts of the agencies participating in the North Florida Internet Crimes Against Children Task Force Program, particularly U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Marshals Service, Bay County Sheriff’s Office, and the Gainesville Police Department.
The case was prosecuted by Assistant United States Attorney Kathryn Risinger.
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.Florida Man Convicted for Attempted Online Enticement of a MinorRead the Press Release
TALLAHASSEE, FLORIDA – Following a trial in federal court in Tallahassee, a jury found Jose Galdamez, 42, of Tallahassee, Florida, guilty of using the Internet in an attempt to persuade, induce, and entice a minor to engage in sexual activity.
Evidence presented during trial proved that, on April 14, 2013, Galdamez responded to an advertisement entitled “Bored and Home Alone Looking For Some Fun - w4w – (ASK),” which had been posted under the “Casual Encounters” link on Craigslist. Over the next 24 hours, Galdamez engaged in email chats, phone calls, and text messages of a sexual nature with a person he believed to be a 14-year-old girl named Crystal. Subsequently, Galdamez drove to the location where he had arranged to meet Crystal. Once Galdamez arrived at the location, officers arrested him for attempted online enticement of a child.
As a result of the guilty verdict, Galdamez faces a sentence of ten years to life in prison, a fine of up to $250,000, not less than five years and up to a life term of supervised release, and a $100 special monetary assessment.
In announcing the verdict, Pamela C. Marsh, United States Attorney for the Northern District of Florida, credited the success of this prosecution to the joint efforts of the agencies participating in the North Florida ICAC, particularly U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Marshals Service, Volusia County Sheriff’s Office, Florida Department of Law Enforcement, Leon County Sheriff’s Office, and the Tallahassee Police Department.
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 Attorney’s 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.
The case was prosecuted by Assistant United States Attorney Herbert Lindsey.
Father, Son Convicted of Bank Fraud and Money LaunderingRead the Press Release
PENSACOLA, FLORIDA – United States Attorney Pamela C. Marsh announced today that Gary Wayne Thomas, 64, of Daphne, Alabama, and Brian Keith Thomas, 40, of Birmingham, Alabama, both former residents of Destin, Florida, have been convicted for their involvement in a bank fraud and money laundering scheme. Both men were charged with conspiracy to structure cash withdrawals and structuring cash withdrawals to avoid the Currency Transaction Reporting (CTR) requirement, conspiring to commit bank fraud, and conspiracy to commit money laundering. Gary Thomas was also charged with money laundering.
Brian Thomas, the son, went to trial during the week of July 22, 2013, before Chief U.S. District Judge M. Casey Rodgers and was convicted of all counts. Brian Thomas is scheduled to be sentenced on November 15, 2013, at 1:00 p.m. by Judge Rodgers. The father, Gary Thomas, pled guilty to all charges today and is scheduled to be sentenced on January 22, 2014, at 9 a.m. by Judge Rodgers.
The evidence showed that between January 1, 2008, and November 1, 2008, Gary Thomas and Brian Thomas caused approximately $4,550,000 to be deposited into their domestic bank accounts and then wired to offshore bank accounts in the Cayman Islands and Belize. Shortly thereafter, Gary Thomas stopped making payments on the loans he and his various entities had obtained from New South Federal Savings Bank, now known as Beal Bank. The total amount of the loans was approximately $56 million. In the summer of 2009, the bank filed civil suits against Gary Thomas on these loans.
In a three-year period between 2010 and 2013, Gary Thomas wired approximately $2,150,000 from the offshore banks into five accounts in Destin banks that Brian Thomas opened as well as accounts opened by others. Thereafter, the father and son conspired to structure withdrawals of cash under $10,000 to avoid the CTR requirement and to hide Gary Thomas’s interest in the funds from his creditor bank. The structured withdrawals were done on roughly 194 occasions and totaled more than $1.6 million.Gary Thomas used some of these funds to purchase five airplanes, numerous vehicles, and homes in Destin, Florida, and Fairhope, Alabama. Thus far, the government has successfully forfeited the five airplanes, approximately $387,413 in cash, which represents the proceeds of the sale of the home in Fairhope, Alabama, and a $60,000 Hyundai Equus. A superseding indictment, returned in May of this year, also identified $1,624,648 in cash as being subject to criminal forfeiture.
Gary Thomas became a fugitive from justice after the superseding indictment was returned. As a result, an additional indictment was returned against Gary Thomas charging him with failure to appear. While Brian Thomas was in court on July 22nd, the United States Marshals Service captured Gary Thomas on Palafox Street in Pensacola, in the now forfeited Hyundai Equus. When Gary Thomas was apprehended, he was in possession of a loaded Smith and Wesson .38 caliber revolver that he obtained in Tallassee, Alabama, while he was a fugitive. A third indictment was returned against Gary Thomas charging him with possession of a firearm and ammunition by a fugitive from justice and transportation of a firearm and ammunition by a person under indictment.
On the original case, each defendant faces maximum penalties of five years in prison for the structuring conspiracy, 10 years for each count of structuring, 30 years for conspiracy to commit bank fraud, and 20 years for the conspiracy to commit money laundering. Gary Thomas also faces a maximum penalty of 20 years in prison for the money laundering count in the original case. For his failure to appear, Gary Thomas faces up to 10 years in prison consecutive to any sentence he receives in the original case. For the third case, the firearm charges, Gary Thomas faces up to 10 years on each count.
The charges are the result of an investigation by the Internal Revenue Service – Criminal Investigation with the assistance of the United States Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was prosecuted by Assistant U.S. Attorney Tiffany Eggers.
Freeport Physician Pleads Guilty to Health Care Fraud and Unlawful Dispensing ChargesRead the Press Release
PENSACOLA, FLORIDA – Freeport physician Robert L. Ignasiak, Jr., 58, pled guilty today to 12 counts of health care fraud, 29 counts of illegally distributing controlled substances, and one count of failing to appear for trial. The plea was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
Between 2001 and 2005, while operating the Freeport Medical Clinic, Ignasiak developed a reputation as a physician who freely prescribed highly addictive controlled substances. During that time, he prescribed drugs such as hydrocodone, oxycodone, morphine, diazepam, and alprazolam in quantities, dosages, and combinations that caused his patients to abuse, misuse, and become addicted to the drugs. He continued to prescribe these substances even after becoming aware that his patients were abusing them. He did so despite indications that his patients were not taking the medicines as prescribed, were stealing drugs, were “doctor shopping,” were taking the medicines with alcohol, and were suffering overdoses.
Ignasiak was initially indicted on these charges in 2008. Following a jury trial, he was convicted of 12 counts of health care fraud and 31 counts of illegally distributing controlled substances. Ignasiak’s convictions were reversed on appeal in 2012. He was released from custody, and a retrial was scheduled. On October 31, 2012, Ignasiak faked his own suicide and became a fugitive from justice. Almost a year later, in September 2013, he was arrested in Coral Springs, Florida, while handing out leaflets for a pressure washing company, under a false name.
Ignasiak will be sentenced on January 14, 2014, by Senior United States District Judge Lacey Collier. He faces maximum prison sentences of 10 years for health care fraud, 20 years for drug distribution, and 10 years for failure to appear.
The case resulted from a four-year investigation by the North Florida Health Care Fraud Task Force, comprised of the Florida Attorney General’s Office, Drug Enforcement Administration, Federal Bureau of Investigation, National Drug Intelligence Center Document Exploitation Division, Defense Criminal Investigative Service, Florida Department of Law Enforcement, Walton County Sheriff’s Office, Florida Department of Financial Services, and State Surgeon General, Florida Department of Health.
Assistant U.S. Attorneys Karen Rhew-Miller and Alicia Kim prosecuted this case.
Illinois Man Sentenced to Prison for Defrauding Local BusinessRead the Press Release
TALLAHASSEE, FLORIDA –John Suehr, 44, of Palatine, Illinois, was sentenced to fifteen months in federal prison today for aggravated identity theft and conspiracy to commit wire fraud.
Between 2007 and 2010, John Suehr and his co-conspirator, John “Jack” Wachowiak, 54, of Holland, Ohio, were employed as account executives for Mainline Information Systems, a Tallahassee-based reseller of computer equipment and information technology. During that time, the two men conspired to embezzle more than $700,000 from Mainline. They arranged for Mainline to purchase computer equipment ostensibly for use by Mainline clients. Wachowiak falsified emails and company records to make it appear that Mainline clients had ordered this equipment, when, in fact, they had not. When the equipment was delivered, Wachowiak and Suehr took possession of the items and either resold them or kept them for their own use.
Wachowiak pled guilty to conspiracy and aggravated identity theft in May of this year. In August, Suehr pled guilty to the same charges based upon his own role in the embezzlement. In September, Wachowiak was sentenced to two years in prison for these offenses. Both defendants were ordered to pay $767,746.48 in restitution to Mainline.
Assistant U.S. Attorney Karen Rhew-Miller prosecuted this case.
In announcing the sentence imposed by the court, United States Attorney Pamela C. Marsh said: “These conspirators were motivated by pure greed, and ignored the human consequences of their actions. They ripped off their own company and forged client records and communications – potentially ruining the financial reputations of both the corporation and its customers. This sentence should serve as a clear warning to those who may be tempted to line their own pockets by abusing positions of trust and influence.” Ms. Marsh commended the work of the FBI for their exceptional investigative work that contributed to these convictions.Former FAMU Student Sentenced to Prison for Identity TheftRead the Press Release
TALLAHASSEE, FLORIDA– Christopher J. Wright, 23, of Ft. Lauderdale, Florida, was sentenced today to two years in federal prison for aggravated identity theft and access device fraud arising from a scheme to steal financial aid monies from students at the Florida Agricultural and Mechanical University.
While students at FAMU in 2010, Wright and his co-defendants, Carliss Pereira, 22, of Tallahassee, and Carl Coutard, 22, of Miami Shores, Florida, discovered a means of accessing the financial aid accounts of other students in FAMU’s iRattler computer system. The defendants obtained the usernames, passwords, and other personal identifying information of their fellow students by taking paperwork discarded in the trash bins near the FAMU computer help desk, by gathering information from public sources on the internet, and by tricking FAMU employees and the students themselves into providing this information. The defendants used the information to log on to the financial aid accounts of students who were scheduled to receive financial aid refunds. The defendants then changed the bank account and routing numbers in the victims’ financial aid accounts to divert the victims’ financial aid refunds to pre-paid debit cards held by the defendants. In all but a few cases, FAMU was able to reverse the fraudulent transfers.
Pereira and Coutard pled guilty to access device fraud and aggravated identity theft charges earlier this year. Coutard was sentenced to six months of home detention and six months of community confinement, and was ordered to perform 80 hours of community service, as conditions of a three-year term of supervised release. Pereira was sentenced to a three-year term of supervised release with conditions that he serve four months of home detention and two months of community confinement. Pereira was also ordered to perform 80 hours of community service and to pay $3,983 in restitution to FAMU.
In announcing the sentence imposed by the court, United States Attorney Pamela C. Marsh said, “Today’s sentence sends a clear message that engaging in this type of criminal conduct will have serious consequences, including the real possibility of a felony conviction and a prison term. The defendants in this case quite literally breached the security of their university, in an effort to victimize their fellow students.” Ms. Marsh expressed her deep gratitude to the FBI, the FAMU Police Department, the United States Department of Education – Office of Inspector General, the Florida Department of Law Enforcement, and the United States Secret Service, whose excellent investigative work resulted in these prosecutions. Assistant U.S. Attorney Karen Rhew-Miller prosecuted the case.Georgia Man Sentenced to 235 Months for attempted Sexual Exploitation of a Minor via the InternetRead the Press Release
GAINESVILLE, FLORIDA–Douglas Ray Castleberry, 35, of St. Mary’s, Georgia, was sentenced yesterday in federal court to serve 235 months in prison for using the Internet to attempt to entice a child to engage in sexual activity.
Castleberry was arrested on November 14, 2012, as part of a law enforcement on-line operation conducted in Gainesville, Florida. By means of an Internet website, Castleberry attempted to persuade an 11-year-old child to engage in sexual activity. He then traveled from St. Mary’s to Gainesville with multiple images of child pornography, which he could use to teach the child to commit similar acts. After his arrest in Gainesville, officers examined his cell phone and identified numerous other potential child victims.
Castleberry faced a mandatory minimum sentence of 10 years imprisonment with a maximum of life imprisonment. He was sentenced by U.S. District Judge Mark E. Walker to serve 235 months in prison, followed by a term of life on supervised release. In addition, upon his release, Castleberry will be required to register as a sex offender in accordance with state and federal law.
In announcing the sentence imposed by the court, United States Attorney Pamela C. Marsh said, “The growing threat of sexual exploitation crimes committed against children through the Internet is a deplorable trend. My office is committed to the safety and well-being of every child and has placed a high priority on combating sexual exploitation of minors.” U.S. Attorney Marsh also praised the Alachua County Sheriff’s office for their dedicated work, resulting in Castleberry’s arrest and prosecution. She said, “Without their excellent work, this predator might still be lurking on the Internet, threatening to victimize additional children.”This case was investigated by the Alachua County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Frank Williams.
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 Attorney’s 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.Realtor Indicted for Tax Evasion and False StatementsRead the Press Release
TALLAHASSEE, FLORIDA – A two-count indictment was filed today in U.S. District Court in Tallahassee, charging William “Geri” Eaton, 59, with tax evasion and making false statements in a matter involving a health care benefit program.
The indictment alleges that between August 2010 and December 2011, Eaton willfully evaded payment of more than $650,000 in federal income taxes by concealing from the Internal Revenue Service 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. The indictment also alleges that in October 2011, Eaton made false statements and submitted false documents in a matter involving Sacred Heart Health System.
If convicted, Eaton faces a maximum of five years in prison on each count of the indictment.
The case was investigated by IRS Criminal Investigation. It is being prosecuted by Assistant United States 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.Tax Fraud Scheme Results in Four Convictions and one Guilty PleaRead the Press Release
PANAMA CITY, FLORIDA – Four defendants were convicted by a federal jury in Panama City yesterday, and a fifth defendant entered a guilty plea during the trial on a tax fraud scheme. Wilson Calle, 55, and Angel Done, 54, both of New York, New York, as well as Blaine Johnston, 62, of Marianna, Florida, were convicted by a federal jury of conspiring to defraud the United States by filing, or assisting others in filing, false federal income tax returns. The tax returns submitted by these defendants sought large refunds, to which the filers were not entitled. In addition to the conspiracy count, the jury found Calle, Done, and Johnston guilty on multiple counts of filing false federal income tax returns. Wilfredo Rodriguez, 53, of Miami, Florida, was also convicted by the jury of filing a false federal income tax return seeking a false and fraudulent refund. During the trial, a fifth defendant, Diana Gonzalez, 63, of Miami, Florida, pled guilty to conspiring to defraud the United States by filing, or assisting others in filing, false federal income tax returns seeking false and fraudulent refunds. The verdicts and guilty plea were announced by Pamela C. Marsh, the United States Attorney for the Northern District of Florida.
The case was prosecuted by Assistant U.S. Attorneys J. Ryan Love and Randall J. Hensel.
At trial, the government presented evidence that between 2008 and 2009, the defendants prepared and filed fraudulent tax returns seeking more than $19 million in refunds. By using an obscure IRS Form 1099-OID, the defendants falsely reported that defendants’ or their clients’ creditors had withheld large amounts of federal income taxes and paid this money over to the IRS. In doing so, the defendants used debts owed by them and their clients to mortgage companies and various other entities and reported those debts to the IRS as income tax withholdings in an attempt to have the IRS pay off their debts. As a result of the fraudulently overstated income tax withholding, the tax returns that were filed on behalf of the defendants or their clients claimed large refunds to which they were not entitled.
Calle, Done, and Johnston each face maximum sentences of ten years in prison with regard to the conspiracy charge and five years on each count of filing, or aiding others in filing, false tax returns. Gonzalez faces a maximum sentence of ten years in prison on the charge of conspiring to file, or aiding others in filing, false tax returns. Rodriguez faces a maximum sentence of five years in prison for filing a false tax return.
In announcing the verdict and the guilty plea, U.S. Attorney Marsh explained: “Each year, millions of honest hard-working Americans pay their taxes and file accurate returns with the IRS. By stark contrast, these defendants concocted a fictitious tax scheme in an effort to steal millions of dollars from the government. My office will continue to work diligently with the Internal Revenue Service to identify these thieves and bring them to justice.”
IRS Criminal Investigation Special Agents in Charge James D. Robnett (Tampa, Florida) and Shantelle P. Kitchen (Newark, New Jersey) joined in stating: “In today’s economic environment it is more important than ever that the American people feel confident that everyone is playing by the rules and paying the taxes they owe. This case should make the public aware that promoting and participating in frivolous tax schemes is a crime, corrosive to the foundation of the federal income tax system, which the IRS will continue to aggressively pursue with its law enforcement partners.”
Each defendant is scheduled to be sentenced on December 18, 2013, before United States District Judge Richard Smoak.Midway Woman Sentenced to 24 Months for Preparing and Filing Fraudulent Tax ReturnsRead the Press Release
TALLAHASSEE, FLORIDA– Monique Yvette Kimble, 39, of Midway, was sentenced Wednesday in federal court to 24 months in prison for preparing and filing fraudulent tax returns and for identity theft. The sentences were announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
Kimble was sentenced for conduct that occurred from February through April 2009, when she acted as a certified tax preparer for a Tallahassee-area tax preparation business. On at least nine occasions, Kimble prepared tax returns seeking fraudulent credits, which resulted in improper tax refunds. In addition, on at least two occasions, Kimble filed tax returns using stolen identity information from persons who did not authorize, nor realize, that Kimble had filed returns seeking tax refunds on their behalf.
“These tax preparers committing fraud and stealing identities have hit Florida like a tsunami,” said U.S. Attorney Marsh. “We are investigating, indicting, and prosecuting these cases at a steadily increasing pace. Our law enforcement partners at every level are on top of the schemes and the technology, and we could not do these cases without their efforts.” In particular, Ms. Marsh praised the work of the Internal Revenue Service, whose investigation led to the convictions in the case.
U.S. District Judge Robert Hinkle ran the sentences for each of the thirteen counts of conviction concurrent to one another for a total of 24 months imprisonment, and a total of five years of supervised release.
“This sentence should send a message to tax professionals about their duty to prepare accurate and truthful tax returns and the consequences of not doing so” stated James D. Robnett, Special Agent in Charge of IRS Criminal Investigation. Robnett added “IRS will continue to aggressively investigate unscrupulous tax professionals and hold them accountable in order to insure the integrity of the income tax system.”
This case was investigated by the Internal Revenue Service, and was prosecuted by Assistant U.S. Attorney Eric K. Mountin.
Registered Sex Offender Arrested on Federal ChargesRead the Press Release
PENSACOLA, FLORIDA – Clay C. Keys, 52, of Pensacola, was arrested late yesterday afternoon on federal charges regarding the distribution of child pornography, the possession of child pornography and the possession of ammunition by a convicted felon. The arrest was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida, and results from an investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Pensacola Police Department.
Mr. Keys, who is a registered sexual offender in the state of Florida, made his initial appearance in federal court this morning. He will be detained pending his next court appearance, now scheduled for September 3, 2013.
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.
The case is being prosecuted by Assistant U.S. Attorney David L. Goldberg of the Northern District of Florida.
Keys was taken into custody pursuant to an arrest warrant issued by United States Magistrate Judge Charles J. Kahn, Jr. An arrest warrant is merely a finding of probable cause by the Court 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 at trial in a court of law.Seven Indicted for Fraudulent BP Oil Spill ClaimsRead the Press Release
PENSACOLA, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that Charles C. Martin, 40, and Joseph B. Doyon, 43, of Pace, Florida, and Marquis R. Seals, 34, and Bernard Cook, 39, of Pensacola, Florida, have appeared in federal court on an indictment for mail fraud and false claims related to the BP oil spill.
Martin, Doyon, Seals, Cook, and Johnny R. Smith, 29, of Pensacola, were indicted by the federal grand jury sitting in Pensacola and charged with mail fraud for submitting fraudulent claims to the Gulf Coast Claims Facility (“GCCF”) for lost income due to the 2010 BP oil spill. According to the indictment, all five falsely inflated their reported income as employees of Hooters of Pensacola Beach in their GCCF claims, submitting fraudulent documentation authored and provided by either Martin or Seals. Additionally, the indictment charges Martin and Tremayne C. Jamison, 42, of Atlanta, Georgia, with filing a false claim with the National Pollution Funds Center of the United States Coast Guard alleging that Jamison lost money when a contract between his company and Hooters of Pensacola Beach was cancelled due to the oil spill, when actually no such contract existed. Trial is set for October 7, 2013, before Senior U.S. District Court Judge Lacey Collier.
U.S. Attorney Marsh also announced that Sean D. Croft, 31, of Pensacola, appeared in federal court yesterday on a separate indictment charging him with mail fraud for submitting a false claim to GCCF. According to that indictment, Croft falsely alleged he was let go from his job at Hooters of Pensacola Beach due to the oil spill because he actually worked at the Hooters restaurant located at Bayou Boulevard and Ninth Avenue in Pensacola, not the restaurant located on the beach, and did not lose his job because of the oil spill. Croft’s trial is set for October 21, 2013, before Senior U.S. District Court Judge Roger Vinson.
These charges result from an investigation by the United States Secret Service. The cases are being prosecuted by Assistant U.S. Attorney Alicia Kim.
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 at trial in a court of law.
Sneads Man Sentenced to 45 Years for Manufacturing Child PornographyRead the Press Release
PANAMA CITY, FLORIDA– Donyel James Fitts, 28, of Sneads, Florida, was sentenced today in federal court to serve 45 years in prison for producing child pornography.
Fitts was sentenced for conduct in June and October 2012. On June 21, 2012, Fitts persuaded and coerced a 4-year-old child to engage in sexually explicit conduct, so that he could photograph the minor. On two occasions in October 2012, he videotaped the 4-year-old child engaged in sexually explicit conduct.
Fitts faced a mandatory minimum sentence of 15 years in prison on each of three counts, and U.S. District Judge Richard Smoak ran the sentences consecutively to one another for a total of 45 years imprisonment, and a life term of supervised release.
U.S. Attorney Pamela Marsh said, “Our prosecutors and law enforcement professionals will continue to actively investigate and charge offenders who target our children by photographing and videotaping such despicable acts.”
“This case exemplifies the important role local and federal law enforcement partnerships play in putting child predators behind bars,” said Shane Folden, deputy special agent in charge of Homeland Security Investigations Tampa. “Let this sentence serve as a warning to other predators. We will find you, arrest you and ensure that you are prosecuted to the fullest extent of the law.”
This case was investigated by the Immigration and Customs Enforcement’s Homeland Security Investigations and the Jackson County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Gayle Littleton. 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 Attorney’s 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.Alabama Man Sentenced to 121 Months in Federal Prison for Attempted Online Enticement of a MinorRead the Press Release
PANAMA CITY, FLORIDA – Thomas Monroe Lee, 40, of Gadsden, Alabama, was sentenced today to serve 121 months in federal prison for using the Internet in an attempt to persuade, induce, and entice a minor to engage in sexual activity.
Evidence presented during a three day trial in April 2013 proved that, on June 14, 2012, law enforcement officers posed as a 14-year-old boy named Skylar and responded to an advertisement entitled “Last call!!!! – m4m – 1840 (PCB/Laguna beach),” which had been posted under the “Casual Encounters” link on Craigslist. Over the next 48 hours, Lee engaged in email chats and text messages with Skylar that were sexual in nature. Subsequently, Lee drove to a location where he had arranged to meet Skylar and transport him back to his residence to engage in sexual activity. Once Lee arrived at the location, officers from various law enforcement agencies arrested him for attempted online enticement of a child.
Lee was also sentenced to a fine in the amount of $1,000, a $100 special monetary assessment, and a 7-year term of supervised release, which he will be required to serve upon completion of his sentence.
In announcing the sentence, Pamela C. Marsh, United States Attorney for the Northern District of Florida, credited the success of this prosecution to the joint efforts of the agencies participating in the North Florida Internet Crimes Against Children Task Force Program, particularly U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Marshals Service, Bay County Sheriff’s Office, Walton County Sheriff’s Office, and the Gainesville Police Department.
Ms. Marsh said, “The internet is a dangerous place, and we are determined to protect and provide justice to victims of internet crime.” She added, “Adult predators who seek to harm our children will be pursued and prosecuted by our office in cooperation with our law enforcement partners.”
“This man drove across state lines for the sole purpose of engaging in sexual relations with a child he believed to be 14 years old,” said Shane Folden, deputy special agent in charge of Homeland Security Investigations Tampa. “Our joint law enforcement efforts have successfully put this man behind bars for the next 10 years where he can no longer prey on innocent children.”
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 Attorney’s 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was prosecuted by Assistant United States Attorney Kathryn Risinger.Tallahassee Man Sentenced to 10 Years in Federal Prison for Possession of Child PornographyRead the Press Release
TALLAHASSEE B Phillip Wayne Mathenia, 63, of Tallahassee, was sentenced yesterday to serve 120 months in federal prison, after pleading guilty on May 10, 2013, to one count of possession of child pornography. The result of the sentencing hearing was announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
In 2004, Mathenia was convicted of receiving and possessing child pornography and was sentenced to serve 96 months imprisonment, followed by three years of supervised release. After his release from federal prison, Mathenia was again found in possession of child pornography in October 2012, during a search of his residence conducted by the United States Probation Office. Mathenia possessed hundreds of images of child pornography contained in several computers as well as in books, magazines, and 8 millimeter films that appeared to be decades old. Investigators also found written stories describing adults performing sex acts on children. Mathenia also possessed thousands of computer generated images and cartoon drawings depicting children and infants engaged in sexual activity, including child rape, bondage, torture, and bestiality.
Because of his prior conviction, Mathenia was sentenced to serve a mandatory minimum term of 10 years. He was also sentenced to eight months of incarceration on a violation of supervised release. After his release from federal prison, Mathenia will be placed on supervised release for the rest of his life.
United States Attorney Marsh praised the United States Probation Office, agents of the U.S. Immigration and Customs Enforcement’s Homeland Security and Investigations, and the Leon County Sheriff’s Office Internet Crimes Against Children, Computer Forensics/Digital Evidence Recovery Unit for their hard work, dedication and expertise in the investigation and prosecution of this case.
Marsh said, "Protecting our children from the permanent scars left behind when this kind of exploitation occurs is critically important work of the Department of Justice and this Office. This prison sentence should send a strong message of deterrence, and also provides security and justice for the victims of these crimes.”
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 the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood provides federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was prosecuted by Assistant U.S. Attorney Corey J. Smith.
Commercial Fisherman Indicted for Alteration of Objects to Obstruct a Federal Investigation and Making False StatementsRead the Press Release
TPANAMA CITY, FLORIDA– Thomas Zachary Breeding, 29, of Panama City, Florida, has been charged by a federal grand jury with the alteration or falsification of an object to obstruct a federal investigation and two counts of making false statements to agents of the National Oceanic and Atmospheric Administration, announced United States Attorney Pamela C. Marsh, Northern District of Florida.
The indictment alleges that, on or about January 18, 2012, Breeding knowingly altered the GPS device on his fishing vessel to impede, obstruct, and influence an investigation conducted by the NOAA into his activities in The Edges Closed Area. The Edges is an area of the Gulf of Mexico closed annually to commercial and recreational fishing from January 1 to April 30 to protect the spawning season for gag grouper. Gag grouper, like other shallow and deep water groupers, red snapper and tilefish are extremely valuable and economically important species to both commercial and recreational fishermen and are managed under the Gulf of Mexico Individual Fishing Quota program.
The indictment further alleges Breeding made two false statements to NOAA. On or about January 18, 2012, Breeding is alleged to have falsely told NOAA that he was fishing in The Edges Closed Area by accident because the GPS device and plotter on his fishing vessel were inaccurate, when he knew that he intended to fish in The Edges Closed Area. Then, on or about April 4, 2012, Breeding is alleged to have falsely told NOAA that he did not alter the GPS device on his fishing vessel to cover up his intentional entry into The Edges Closed Area, when defendant’s purpose in altering the GPS and plotter on his fishing vessel was to conceal his intentional entry into The Edges Closed Area to fish.
Count One of the indictment charges Breeding with the alteration or falsification of an object to obstruct a federal investigation. If convicted on this count, Breeding faces a term of imprisonment of not more than twenty (20) years, a period of supervised release of up to five (5) years, a fine of up to $250,000, and a $100 special monetary assessment. Counts Two and Three of the indictment charge Breeding with making false statements. If convicted on these counts, Breeding faces a term of imprisonment of not more than five (5) years imprisonment, a fine of up to $250,000, a period of supervised release of up to three (3) years, and a $100 special monetary assessment on each count.
Breeding appeared today for his initial appearance and arraignment at the United States District Court in Panama City, Florida. Breeding pled not guilty to the charges and his trial was scheduled for October 21, 2013 before United States District Judge Richard Smoak.
The indictment results from an investigation by agents of NOAA, and is being prosecuted by Assistant U.S. Attorney Gayle Littleton.
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 at trial in a court of law.
Man Convicted of Attempted Online Enticement for a Minor and Traveling from Alabama to Engage in Illicit Sexual ConductRead the Press Release
PANAMA CITY, FLORIDA – Following a two-day trial, Jeffrey Monroe Roy (48), of Mobile, Alabama, was found guilty of using the Internet in an attempt to persuade, induce, and entice a minor to engage in sexual activity and of traveling from Mobile, Alabama, to Panama City, Florida, with the intent to engage in sexual conduct with a 13 year old female.
Evidence presented during trial proved that on June 13, 2012, law enforcement officers, acting in an undercover capacity posted an advertisement on Craigslist posing as a 13 year old female. Roy responded to the posting, and over the next three days, Roy engaged in email chats and telephone calls that were sexual in nature with a person who the defendant believed to be a 13 year old female named Jaz. During his communications with Jaz, Roy discussed numerous sexual situations and attempted to entice the 13 year old female to engage in sexual activity with him. After making arrangements to meet the 13 year old female, Roy drove from Mobile, Alabama on June 16, 2012 to meet with 13 year old Jaz at a predetermined location, where he was arrested and found to be in possession of Viagra, condoms, a camera, a knife, handcuffs, a first aid kit, and a deck of 52 sex position cards.
As a result of the guilty verdict, Roy faces a sentence of ten years to life in prison on Count One of the Indictment, attempted online enticement of a minor, and a sentence of up to thirty years in prison on Count Two of the Indictment, traveling with the intent to engage in illicit sexual conduct. Roy also faces a fine of up to $250,000, not less than five years and up to a life term of supervised release, and a $100 special assessment on both counts. Sentencing is set for November 20, 2013 at 10 a.m.
In announcing the verdict, Pamela C. Marsh, United States Attorney for the Northern District of Florida, credited the success of this prosecution to the joint efforts of the agencies participating in the North Florida Internet Crimes Against Children Task Force Program, particularly U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Marshals Service, Bay County Sheriff’s Office, and the Gainesville Police Department. Ms. Marsh said, “The safety and well-being of our children is a top priority for the Department of Justice. Our office will continue to aggressively prosecute these cases to protect the community and children, who are our most innocent victims. Great praise is deserved by all of our law enforcement partners who contributed to the success of this investigation.”
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 Attorney’s 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was prosecuted by Assistant United States Attorney Kathryn Risinger.
Man Indicted on Kidnapping, Retaliating Against A Witness, and Transporting and Coercing an Individual for Prostitution ChargesRead the Press Release
PANAMA CITY, FLORIDA – A Federal Grand Jury has returned an indictment charging Jacobo Feliciano-Francisco, a/k/a “Uriel Castillo-Ochoa”, a/k/a “Kiko”, age 30, with federal criminal violations related to kidnapping, retaliating against a witness, and transporting an individual in interstate commerce for prostitution. The Indictment was announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The indictment alleges that between 2006 and 2011, numerous organized individuals created a network of brothels and prostitution delivery services in Tennessee and Kentucky, using undocumented aliens from Spanish-speaking countries. F.T., a female individual, cooperated with the FBI in its investigation into these individuals after she was forced and coerced into working as a prostitute for approximately three years. Due to her cooperation, a total of 13 individuals were convicted in Tennessee and Kentucky of various federal sex-trafficking and prostitution criminal charges. In the fall of 2012, following her cooperation with law enforcement, F.T. was approached at her Tennessee residence by another individual and confronted about her cooperation. Out of concern for the safety of F.T. and her family, she and her family were relocated to Panama City Beach, Florida.
Following F.T.’s relocation, Feliciano-Francisco and others conspired to kidnap and did kidnap F.T. with the intent to transport her from Florida to Louisiana where she would be forced to work as a prostitute in retaliation for her prior cooperation with law enforcement. During her kidnapping, F.T. was sexually assaulted by Feliciano-Francisco, and he and others repeatedly threatened the physical safety of both her and her family. Feliciano-Francisco transported F.T. to a residence in Mississippi where she was confined until another conspirator arrived to pick her up and transport her to Louisiana.
Counts One and Two of the indictment charge Feliciano-Francisco with Conspiracy to Kidnap and Kidnapping. If convicted on those counts, Feliciano-Francisco faces a term of imprisonment of up to life, supervised release of up to five (5) years, a fine of up to $250,000, and a $100 special monetary assessment. Counts Three, Four, and Five of the indictment charge Feliciano-Francisco with Retaliation against a Witness, Transportation of an Individual in Interstate Commerce for Prostitution, and Coercion into Prostitution, respectively. If convicted on Counts Three and Five of his indictment, Feliciano-Francisco faces a term of imprisonment of not more than twenty (20) years. If convicted on Count Four of his indictment, Feliciano-Francisco faces a term of imprisonment of not more than ten (10) years. Additionally, as to each of counts Three, Four, and Five, Feliciano-Francisco faces the imposition of a fine of up to $250,000, supervised release of up to 3 years, and a $100 special monetary assessment.
Feliciano-Francisco appeared today for his initial appearance and arraignment in United States District Court in Panama City, Florida. Feliciano-Francisco pled not guilty to the charges and his trial was scheduled for December 9, 2013 before United States District Judge Richard Smoak.
The indictment results from an investigation by agents of the FBI and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. 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.
Former Air Force Employee and Two Contractors Charged with Bribery, Theft of Government Funds, Fraud, and Making False Statements Relating to Air Force ContractsRead the Press Release
PENSACOLA, FLORIDA – A federal grand jury has returned a 34-count indictment charging three individuals with conspiracy, bribery, theft of government funds, disclosing or obtaining contractor bid and proposal information, honest services mail fraud, money laundering conspiracy, and making false statements. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida. Two of the three, who were charged, John Norman Sims and Ronald Benton Powers, were arrested on federal warrants today and made their initial appearances in United States District Court in the District of Columbia and the Middle District of Florida. The third defendant, George Guyton Cannady is expected to make his initial appearance on the charges within the next several days.
The indictment charges Sims (51), formerly of Niceville, Fla., and currently living in North Carolina; Cannady (63), a North Carolina resident; and Powers (58), of Jacksonville, Fla., with conspiring to defraud the United States Air Force (USAF) of approximately $5.4 million worth of contracts to support a USAF activity. The indictment charges that Sims, a retired USAF officer, while a contractor and civilian employee of the USAF, accepted bribes from Cannady, the owner of a company obtaining contracts from the USAF, and from Powers, who also owned companies providing services to the USAF. The bribes were allegedly paid to Sims so that he would continue to steer valuable USAF contracts to companies owned by Cannady and Powers.
According to the indictment, the three defendants agreed to obtain contracts from the USAF by using the insider knowledge, expertise, and access of Sims with respect to military operations and USAF activity, the expertise and knowledge of Cannady as a contractor with experience supporting USAF activity, and the expertise and ability of Powers to locate, lease, and provide equipment and items necessary for the USAF activity. Additionally, the indictment alleges that Sims improperly provided acquisition requirements and pricing data for future USAF contracts to Cannady and Powers, and that Sims would shape the requirements for USAF contracts to match equipment or items that Powers possessed or could readily obtain. The defendants are also charged with making false statements to USAF investigators and USAF officials concerning their financial relationships with each other and their activities.
Sims was also charged in a separate count of the indictment with the unauthorized possession of classified materials after his employment with the USAF ended.
A trial date for the three defendants will be set when the three defendants appear in this District on their arraignment on the charges. If convicted at trial, each of the three defendants face up to twenty years imprisonment, three years of supervised release, and up to a $250,000 fine on the charges in the indictment.The indictment results from an investigation by agents of the United States Air Force Office of Special Investigations and the FBI. United States Attorney Pamela C. Marsh, Assistant United States Attorney Stephen M. Kunz, and Department of Justice Trial Attorney Robert Wallace, Jr., are prosecuting this case.
An indictment is merely a formal charge by a grand jury that a defendant has committed a violation of federal criminal law. All defendants are presumed innocent unless and until the government proves their guilt beyond a reasonable doubt to the satisfaction of a jury at trial.
Coastal Community Bank Executives and Attorney Charged with Conspiracy, Wire Fraud, False Statements, and Making a False Claim Against the United StatesRead the Press Release
PANAMA CITY, FLORIDA– Donald Terry Dubose, aka “Terry Dubose,” 65, of Panama City Beach, Florida; Elwood Ladon West, aka “Woody West,” 39 of Monroeville, Alabama; and Frank Alfred Baker, 61, of Marianna, Florida, have been charged by a Federal Grand Jury with one count of conspiracy to commit wire fraud against the Federal Deposit Insurance Corporation (FDIC), 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, announced United States Attorney Pamela C. Marsh for the Northern District of Florida. A sealed indictment was returned by the Federal Grand Jury on July 9, 2013 and unsealed today.
The indictment alleges that Coastal Community Investments (“Coastal”) was a bank-holding company that owned Coastal Community Bank, based in Panama City Beach, 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 second largest Coastal shareholder. West was the Chief Financial Officer of Coastal and a Coastal shareholder. Baker was an attorney for Coastal and Coastal’s largest shareholder.
The fraud alleged in the indictment involved the FDIC’s Temporary Liquidity Guarantee Program (“TLGP”), which was created at the height of the financial crisis in October 2008. The purpose of the TLGP was to encourage banks to begin lending to one another again and, thereby, help stabilize the economy. To do 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 senior unsecured debt (“outstanding-unsecured debt”), thus assuring repayment to the lender by the borrower or, in the event of default, by the FDIC.
The indictment further alleges that, in October 2008, Coastal had a $3,000,000 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 and potentially rendering defendants’ shares in Coastal worthless. Under pressure from RBC to repay this debt, the indictment alleges that the defendants falsely certified to the FDIC that the RBC Loan was unsecured, knowing that it was secured, so that Coastal could get an FDIC guaranteed loan under the TLGP.
The indictment further alleges that Coastal obtained a $3,750,000 (125% of the RBC Loan) loan from central Florida-based CenterState Bank, which - based on the defendants’ misrepresentations - was guaranteed by the FDIC under the TLGP (the “TLGP 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 7, 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.
Finally, the indictment alleges that Dubose, desiring to avoid losses to himself and his family as Coastal’s financial condition deteriorated, fraudulently sold and converted Coastal stock owned by him and his family members to unwitting investors by misrepresenting the nature of the stock, by misrepresenting Coastal’s financial condition, and by providing loans from Coastal Community Bank to finance the purchases of Coastal stock.
Defendants are scheduled for to appear in Federal court for their initial appearance and arraignment August 8, 2013 at 1:30 p.m. at the United States Courthouse, 30 West Government Street, Panama City, Florida.
The defendants are facing a maximum of 30 years’ imprisonment on each count of conspiracy to commit wire fraud and wire fraud. The defendants face a maximum of five years’ imprisonment for and making false statements to the FDIC and aiding and abetting CenterState Bank in making a false claim against the United States.
This indictment results from an extensive investigation by agents of the Federal Reserve Board – Office of the Inspector General, the FBI, the FDIC, and the Office of the Special Inspector General for the Troubled Asset Relief Program. The case is being prosecuted by Assistant U.S. Attorney Gayle Littleton.
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.Pensacola Man Indicted for Counterfeit “viagra” TraffickingRead the Press Release
PENSACOLA, FLORIDA – The U.S. Attorney’s Office for the Northern District of Florida announced that Robert P. Galea, 53, of Pensacola, Florida, was indicted by a federal grand jury on charges that he trafficked in counterfeit “Viagra” and fraudulently executed a scheme to deliver the misbranded pharmaceuticals through the United States Postal Service.
Galea made his initial appearance in federal court on July 19, 2013, on ten counts of trafficking in counterfeit drugs, selling misbranded drugs, and mail fraud. The Indictment alleges the counterfeit drugs were obtained from sources in other countries, including India.
A jury trial for Galea has been scheduled before the Honorable M. Casey Rodgers on September 9, 2013. If found guilty of trafficking in counterfeit drugs or mail fraud, Galea faces up to twenty years in prison.
The case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney David L. Goldberg of the Northern District of Florida.
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 at trial in a court of law.
Panama City Man Indicted on Child Exploitation ChargesRead the Press Release
PANAMA CITY, FLORIDA – A federal Grand Jury returned an indictment last week charging Daniel Freiwald (29), an active duty Air Force member stationed at Tyndall Air Force Base, with 3 counts of child exploitation offenses. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
Counts One and Two of the Indictment allege that between December 7, 2012, and January 23, 2013, Freiwald knowingly and intentionally distributed and received images and videos of child pornography. Count Three alleges that during that same time frame, Freiwald knowingly possessed child pornography. If convicted of counts one and two of his indictment, Freiwald faces a sentence of a mandatory five (5) years to a maximum of twenty (20) years in prison. If convicted on count three of his indictment, Freiwald faces a term of imprisonment of not more than ten (10) years. Additionally, as to each count, Freiwald 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.
Freiwald appeared for his initial appearance and arraignment in United States District Court in Panama City, Florida. Freiwald pled not guilty to the charges and his trial was scheduled for September 23, 2013 before United States District Judge Richard Smoak.
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.
Former Gainesville Resident Sentenced for Bank Fraud and Identity TheftRead the Press Release
GAINESVILLE, FLORIDA – Donald Lee Phelps, 51, formerly a resident of Gainesville, was sentenced by United States District Court Judge Mark E. Walker to five years imprisonment in federal prison for bank fraud and aggravated identity theft on Wednesday, July 17, 2013. Following his release from prison, Phelps was ordered to serve a period of five years supervised release. The sentence also included an order of restitution in the amount of $68,785.50 to victims of the fraud, announced United States Attorney Pamela C. Marsh. Phelps had pled guilty to bank fraud and aggravated identity theft on April 3, 2013 in federal court.
Phelps arrived in Gainesville in January 2005 and falsely used the identity of a soldier serving a tour of duty in Iraq. Using this identification, Phelps obtained employment, opened bank accounts and credit accounts. During the next year and a half, the defendant made multiple purchases through the credit accounts and made deposits into the bank from closed accounts. He then made withdrawals from the bank.
Phelps was indicted by the grand jury of the Northern District of Florida, Gainesville Division, on January 22, 2013, after he was apprehended in Daphne, Alabama. Phelps had been sought by the Federal Bureau of Investigation since he fled Gainesville in December 2006. Phelps had been living in Texas using an assumed name and, at the time of his arrest, was carrying the identification, including a passport, of another man.
United States Attorney Marsh said, “The Department of Justice is committed to vigorously prosecuting those individuals and groups of individuals who steal the identities of others and use those stolen identities to fraudulently obtain large amounts of money and merchandise in the name of the victim. The crimes of identity theft and identity fraud are particularly harmful because, in many cases, citizens are victimized twice – first, when their identity is stolen and used to fraudulently obtain monies and merchandise in their name, and second, when the victims suffer credit problems from nonpayment of charges to the victims based upon the fraudulent activity. We have intensified our efforts, along with our federal and state law enforcement partners, to identify and vigorously prosecute cases involving fraud and identity theft.”
Ms. Marsh praised the work of the Federal Bureau of Investigation, whose investigation led to the identification of Phelps and his apprehension in the case. The case was prosecuted by Assistant United States Gregory P. McMahon.Phelps has pending warrants outstanding in Texas, Arizona, and Pennsylvania, for probation violations for similar offenses.
United States Army Captain Indicted for Wire and Mail FraudRead the Press Release
GAINESVILLE, FLORIDA – Michael Benjamin Crowder, 35, appeared in the Gainesville Division of the United States District Court for the Northern District of Florida on an indictment charging him with multiple counts of wire and mail fraud, according to Pamela C. Marsh, United States Attorney for the Northern District of Florida.
Crowder, a U.S. Army Captain Judge Advocate General, currently stationed in Ft. Sill, Oklahoma, owned and operated M & H Coins and Precious Metals, LLC from his Gainesville home while attending the University of Florida Levin College of Law under the Army's Funded
Legal Education Program. The indictment alleges that Crowder defrauded customers of more than $700,000 by offering to sell rare coins and precious metals, receiving payment from the customers, and then not delivering the items. No money has been recovered.Crowder is facing a maximum sentence of 20 years imprisonment, a $250,000 fine, three years of supervised release upon completion of his sentence, and a $100 Special Monetary Assessment. He is scheduled for trial on August 20, 2013, at 8:30 am before United States District Judge Mark E. Walker.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Greg McMahon.
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 at trial in a court of law.
Florida Man and His Corporation Sentenced for Illegal Dredging and Wetlands Violations in Panama CityRead the Press Release
PANAMA CITY, FLORIDA – Brian Raphael D’Isernia, 69, of Panama City Beach, Florida, and Lagoon Landing, LLC, a corporation controlled by D’Isernia, were sentenced today in federal court in the Northern District of Florida for illegal dredging and felony wetlands violations. The two defendants were ordered to pay a criminal fine totaling $2.25 million dollars, the largest criminal fine assessed for wetlands violations in Florida history.
D’Isernia was sentenced to a fine of $100,000 and a $25 special monetary assessment, while Lagoon Landing, LLC, was sentenced to a term of probation of three years, a fine of $2.15 million, a community service payment of $1 million to the National Fish and Wildlife foundation, a charitable non-profit organization created by Congress, and a $400 special monetary assessment.
D’Isernia pleaded guilty to charges that he knowingly violated the Rivers and Harbors Act. Specifically, D’Isernia admitted to his involvement in illegally dredging an upland cut boat basin in Allanton and the channel connecting it to East Bay between December 2009 and February 2010.
Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act for knowingly discharging a pollutant into waters of the United States without a permit. Between 2005 and 2010, Lagoon Landing used tractors and other heavy equipment to alter and fill wetland areas of property it controlled in Allanton without obtaining a permit. The wetland areas were adjacent to East Bay.
The National Fish and Wildlife Foundation will use the money to fund projects for the conservation, protection, restoration and management of wetland, marine, and coastal resources, with an emphasis on projects benefiting wetlands in and around St. Andrew Bay.
United States Attorney Pamela C. Marsh said, “The beautiful seashores and pristine waters in North Florida are deserving of our protection, and Congress has given us strong environmental laws to ensure these treasures are preserved for future generations. My office will continue to work closely with the EPA, as we did in this case, to enforce federal environmental protection laws. It is my hope that the $1 million payment to the National Fish and Wildlife Foundation for restoration and marine protection projects will help mitigate the damage done by these defendants and also send a strong deterrence message that polluting our waters will not be tolerated.”
“The defendants failed to secure required permits and damaged environmentally sensitive wetlands,” said Maureen O’ Mara, Special Agent-in-Charge of EPA’s criminal enforcement program in Florida. “These are essential natural resources and today’s sentence shows that any company or person that harms them will be prosecuted.”
Five separate but related civil settlements have also been filed:
- Northwest Florida Holdings, Inc., a Florida corporation controlled by D’Isernia, entered into an Administrative Compliance Order with the U.S. Environmental Protection Agency (EPA) that will result in the restoration of approximately 58.63 acres of wetlands and upland buffers. The wetlands will be protected from future development by a conservation easement. The corporation also agreed to study the water quality in and around the Allanton and Nelson Street Shipyards;, to upgrade stormwater protection for the Allanton Shipyard, to withdraw applications to convert the launching basin to a marina, to create a Planned Unit Development at the Allanton Shipyard; and to hire someone to oversee environmental compliance.
- Northwest Florida Holdings, Inc., entered into a Consent Order with the Florida Department of Environmental Protection (FDEP) and agreed to conduct stormwater corrective actions and water quality studies at the Allanton Shipyard. The corporation will pay a $9,750 civil fine to the Ecosystem Management and Restoration Trust Fund, and $94,718.25 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
- Bay Fabrication, Inc., a corporation controlled by D’Isernia, entered into a Consent Order with FDEP and agreed to conduct stormwater corrective actions and water quality studies at the Nelson Street Shipyard. The corporation will pay a $6,000 civil fine to the Ecosystem Management and Restoration Trust Fund, and $76,923 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
- Peninsula Holdings, LLC, a corporation controlled by D’Isernia, entered into a Consent Order with FDEP and agreed to conduct stormwater improvements at property it owns located at 2500 Nelson Street, Panama City, Florida 32401. The corporation will pay a $1,500 civil fine to the Ecosystem Management and Restoration Trust Fund.
- D’Isernia and his wife Miriam D’Isernia entered into a Consent Order with FDEP to remove unauthorized fill materials from property located in Panama City Beach, Florida. Brian and Miriam D’Isernia will pay a $250 civil fine to the Ecosystem Management and Restoration Trust Fund.
Madison Resident Convicted of Drugs and Firearms OffensesRead the Press Release
TALLAHASSEE, FLORIDA– Johnny Curtis Bedgood, 46, of Madison, Florida was convicted today by a federal jury on charges that he possessed powder cocaine and more than 28 grams of crack cocaine with intent to distribute, that he possessed firearms in furtherance of the drug trafficking offense, and that he possessed firearms after felony convictions, according to the United States Attorney’s Office for the Northern District of Florida.
The charges against Bedgood were based upon a search warrant executed in Madison on August 16, 2012. Law enforcement seized more than 90 grams of crack cocaine, more than 100 grams of powder cocaine, two loaded handguns, drug ledgers, and a variety of drug paraphernalia from Bedgood’s Madison residence.
The search warrant was based upon a controlled buy of crack cocaine from Bedgood on August 1, 2012. During that deal, the informant made a video of Bedgood cooking powder cocaine into crack cocaine.
Officers seized a small amount of marijuana and $11,150 in cash when they arrested Bedgood on March 5, 2013, after Bedgood had been a fugitive for more than six months.
The two-day trial was held before United States District Judge Robert L. Hinkle. Sentencing is scheduled for September 26, 2013. Bedgood faces from ten years up to life in prison for the drug offense, a mandatory consecutive term from five years up to life in prison for possessing a firearm in furtherance of the drug offense, and from fifteen years up to life in prison for possession of a firearm by a convicted felon, as well as fines, terms of supervised release, and special monetary assessments.
United States Attorney Pamela C. Marsh, credited the successful prosecution to the joint efforts of the Madison County Sheriff’s Office, the Taylor County Sheriff’s Office, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Marshal’s Service. Assistant U.S. Attorney Michael T. Simpson is prosecuting this case.Four Floridians in Fraudulent Prisoner Income Tax Refund Scheme Sentenced to PrisonRead the Press Release
PENSACOLA, FLORIDA – United States Attorney Pamela C. Marsh announced that the sentencing of four Floridians by Chief U. S. District Judge M. Casey Rodgers concluded today with the last defendant. William Scott Folk (36) and Christopher Jesse Lee (35) both currently incarcerated with the Florida Department of Corrections, Cora Beard (68) of Morriston, and Gail Anita Moss (60) of Miami Gardens were all sentenced to prison time following their previously entered guilty pleas to charges of conspiracy to defraud the government with respect to claims and conspiracy to commit mail fraud. Beard and Moss were also sentenced as a result of additional counts of filing false claims against the government, theft from the government, and aggravated identity theft
The sentences for each defendant are as follows:
- Christopher Jesse Lee was sentenced to 120 months in prison which is to run consecutively to the state of Florida sentence he is now serving and was ordered to pay restitution to the Internal Revenue Service in the amount of $435,130;
- Cora Beard was sentenced to 33 months in prison and was ordered to pay restitution to the Internal Revenue Service in the amount of $580,884;
- Gail Anita Moss was sentenced to 25 months in prison and was ordered to pay restitution to the Internal Revenue Service in the amount of $156,410; and
- William Scott Folk was sentenced to 120 months in prison and was ordered to pay restitution to the Internal Revenue Service in the amount of $580,884.
United States Attorney Pamela Marsh said, “Defrauding the government, abusing the identity of American citizens and undermining the public’s trust in the system will not be taken lightly by this office. We will prosecute these types of criminals with extreme prejudice and the penalties for those convicted will be severe.”
All four defendants were sentenced after pleading guilty in March of this year that beginning around January 2006, the four individuals and others filed fraudulent tax returns using the names and social security numbers of inmates housed in the Florida Department of Corrections, and on occasion using the identities of other individuals who were not incarcerated. As part of this scheme, Beard and Moss used their home addresses as well as the home addresses of previously indicted co-conspirators Mary Blair, Thomas Rabeau, Nikki Kight, Elton Blair, and others, so fraudulent IRS refund checks would be mailed to them. The co-conspirators were indicted January 2012, and all pled guilty to their involvement in the fraudulent income tax scheme, and are serving sentences of between 5 and 10 years. During the course of the scheme, the defendants and others filed and caused to be filed approximately three hundred and forty-four false and fraudulent federal income tax returns, which falsely claimed approximately $1,656,721 in false, fictitious, and fraudulent refunds from the United States.
"IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority” stated James D. Robnett, Special Agent in Charge of the Tampa Field Office. “Filing fraudulent tax returns in the names of other individuals is a significant harm to those individuals whose identities were stolen, as well as a monetary loss against the U.S. Treasury, and abuses the system in which the taxpaying public places its trust. IRS will continue to bring these violators to justice to strengthen the public’s trust and confidence in the integrity of the tax system."
The case was prosecuted by Assistant U.S. Attorneys Tiffany H. Eggers and Randall J. Hensel as part of a Department of Justice initiative to fight stolen identity refund fraud (SIRF). In September 2012, the Department issued Tax Division Directive 144, which sets forth expedited Department review procedures for SIRF cases, enabling law enforcement to respond quickly and effectively to the grave challenges presented in SIRF cases and to prevent the victimization of innocent taxpayers whose identities are stolen by fraudsters. The investigation is the result of an investigation by the Internal Revenue Service – Criminal Investigations with the support of the Florida Department of Corrections.
Crawfordville Resident Indicted for Firearm OffensesRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Pamela C. Marsh announced today thatAlbert Hendrik Van der Merwe, 46, also known as “Henk Van der Merwe,” has been charged by a federal grand jury sitting in Gainesville, Florida for importing silencers under fraudulent invoices, for receiving unregistered silencers, and for possession of a machinegun. Trial will be held in Tallahassee, Florida on September 3, 2013.
Van der Merwe was arrested on a related complaint on June 5, 2013. That complaint alleged that three silencers were found in a package sent to Van der Merwe from South Africa, on about April 3, 2013. The invoice described the devices as “motorcycle dampeners used in motorcycle exhausts.” Agents delivered the package and then executed a search warrant. A nine millimeter Uzi carbine was seized because it was compatible with one of the silencers. The carbine was later determined to be fully automatic.
Federal law prohibits the receipt or possession of a machinegun or silencer, unless it is registered in the National Firearms Registration and Transfer Record. If convicted, Van der Merwe faces up to twenty years in prison for importing merchandise under a fraudulent invoice, and up to ten years in prison for receiving unregistered silencers and for possessing a machinegun. He also faces up to a three year term of supervised release and fines of up to $250,000 for each charge.
U.S. Attorney Marsh praised the joint efforts of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, whose investigation led to the indictment in this case. Assistant U.S. Attorney Michael T. Simpson is prosecuting this 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 at trial in a court of law.
Tallahassee Resident Sentenced to 87 Months in Federal PrisonRead the Press Release
TALLAHASSEE – The U.S. Attorney’s Office for the Northern District of Florida announced that Kenneth L. Barber, 62, of Tallahassee, Florida, was sentenced today in federal court to serve 87 months in prison on charges of wire fraud, preparing false tax returns, making a false statement to a bank, and conspiracy to commit tax fraud.
On April 10, 2013, a federal jury found Barber guilty after a three day trial. At trial, the government presented evidence that Barber ran and operated a local tax preparation business where he encouraged preparers to falsify clients’ tax returns. Barber’s former employees, including his two co-defendants, Shavita Altrecia Davis and Anthony Tyree Barber, testified that Barber trained them on how to prepare fraudulent returns to increase the clients’ tax refunds. At Barber’s instruction and direction, the employees filed returns falsifying income, deductions, credits, dependents, and filing status to obtain inflated tax refunds and to limit the tax due to the IRS. At the trial and at the sentencing hearing, a government expert witness testified that the tax scheme resulted in a loss of more than $700,000. Barber also made false statements to a financial institution to qualify for loans totaling more than $300,000.
The court also sentenced Barber to serve five years of supervised release following his prison term, and ordered him to pay restitution and special monetary assessments. In addition, the court entered an order of forfeiture in the amount of $131,781.00. The restitution will be determined at a later date. Barber’s co-defendant, Shavita Davis, was sentenced to serve twenty-four months in prison, while co-defendant Anthony Barber was sentenced to serve six months in prison, as well as six months of home detention.
“IRS Criminal Investigation takes tax refund fraud seriously and criminal violations, like the ones for which Mr. Barber was convicted, have serious consequences,” stated James D. Robnett, Special Agent in Charge of the Tampa Field Office of IRS Criminal Investigation. Mr. Robnett added, “The community should heed the cautionary tale of this case, and choose professional tax preparers carefully. Through aggressive, impartial enforcement of the tax laws, IRS is putting those unscrupulous preparers on notice that we are watching.”
The U.S. Attorney for the Northern District of Florida, Pamela C. Marsh, praised the work of the Internal Revenue Service, whose investigation led to the convictions in the case. She added, “The Department of Justice will continue to aggressively pursue and bring to justice those who defraud the public, engage in illegal schemes, abuse positions of trust, and willfully undermine the entire tax system.”
Barber was sentenced by United States District Judge Robert L. Hinkle.
The case was prosecuted by Assistant U.S. Attorney Winifred Acosta NeSmith.Pensacola Man Pleads Guilty to Drug Trafficking and Firearm OffensesRead the Press Release
PENSACOLA, FLORIDA – The U.S. Attorney’s Office for the Northern District of Florida announced that John W. Rudolph, 39, of Pensacola, Florida, pled guilty this morning on federal charges of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking offense, and possession of a firearm by a convicted felon. Rudolph is scheduled to be sentenced on September 10, 2013 before Senior United States District Judge Lacey A. Collier.
According to Government filings in this case, on April 26, 2013, law enforcement officers from the Escambia County Sheriff’s Office received information that Rudolph, who had active arrest warrants, was at the Western Inn in Pensacola, Florida, with a firearm. The officers responded to the area and observed Rudolph with a black leather bag. As officers approached, Rudolph attempted to flee but was subsequently apprehended. Upon his arrest, officers found a loaded revolver, cocaine, a digital scale, and $1,000 in cash on Rudolph’s person and a black leather bag nearby containing a large quantity of individually packaged baggies of marijuana.
On the controlled substance offense, Rudolph faces up to thirty years of imprisonment, up to six years of supervised release, and up to a $6 million fine. For possession of a firearm in furtherance of a drug trafficking offense, he faces a mandatory five years of imprisonment up to life imprisonment consecutive to any other sentence, up to three years of supervised release, and up to a $250,000 fine. On the possession of a firearm by a felon, Rudolph faces a mandatory fifteen years of imprisonment up to life imprisonment, up to three years of supervised release, and up to a $250,000 fine.
This case was brought as part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy led by ATF. The case is being prosecuted by Assistant U.S. Attorney David L. Goldberg of the Northern District of Florida.
Local Couple Sentenced in Federal Court for Producing Child PornographyRead the Press Release
PENSACOLA, FLORIDA – The U.S. Attorney’s Office for the Northern District of Florida announced that Brandon Gillreath, 33, and Corine Motley, 25, a married couple from Mary Ester, Florida, were sentenced late yesterday afternoon on federal charges of conspiring to produce child pornography. Gillreath was sentenced to serve 35 years in prison, followed by a lifetime term of supervised release. Motley was sentenced to serve 29½ years in prison, followed by 20 years of supervised release. Gillreath was also sentenced for making false statements to federal agents.
A federal investigation began on December 12, 2012, when U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”) received a referral from the Danish National Police regarding a video containing child pornography. The video had been obtained from the Internet by law enforcement officers in Denmark. The video was referred to U.S. law enforcement because the Danish National Police believed that the video had most likely been produced in the United States. The video depicted an adult female and a prepubescent female, approximately five years old, engaged in sexually explicit conduct.
To identify the adult female featured in the videos, HSI issued a public appeal for assistance. Hours later, based on information received through that public appeal, HSI, the Okaloosa County Sheriff’s Office, and the Department of Justice were able to determine that Motley was the adult female in the video who was engaging in sexually explicit conduct with the minor child. Motley was promptly arrested. The Pensacola Police Department and the Northwest Florida Internet Crimes Against Children Task Force were also instrumental in bringing Motley and Gillreath to justice.
“This case was particularly disturbing because the defendants severely abused local children, and cruelly captured the abuse on film for the purpose of circulating it via the Internet,” said U.S. Attorney Pamela Marsh. “Fortunately, thanks to the public’s fast response to HSI’s request for assistance, law enforcement was able to quickly identify the perpetrators and stop the abuse.”
HSI obtained federal search warrants for the defendants’ laptop, digital camera, and email accounts. Within the digital media, federal agents located over a dozen images of Motley engaging in sexually explicit conduct with a second minor female. There were also images of Gillreath engaging in sexually explicit conduct with this second minor female. This second victim was approximately ten years old at the time the child pornography images were produced. Recently, even more minor victims have disclosed engaging in sexually explicit conduct with Motley and Gillreath.
“The power of social media and traditional media outlets proved invaluable in this case,” said Susan McCormick, special agent in charge of HSI Tampa, which oversees the Pensacola office that conducted this investigation. “I thank everyone who assisted. Not only did we put two child predators behind bars, we also rescued at least two children from further abuse.”
U.S. Attorney Marsh praised the efforts of all the law enforcement agencies who worked together to capture and prosecute these two criminals. “I want to express my deep gratitude to those persons who assisted and provided information, as well as to law enforcement and our prosecutor for their excellent work on this case.” she said.
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.
The case was prosecuted by Assistant U.S. Attorney David L. Goldberg of the Northern District of Florida.Former Tallahassee Memorial Hospital Employees Sentenced in Tax Refund SchemeRead the Press Release
TALLAHASSEE B Spencer Larry Parson, 25, and Amber Sasha-Rashawn Simmons, 23, both of Tampa, were sentenced to 57 months in federal prison following their guilty pleas to conspiring to defraud the United States in the filing of false tax returns. Parson and Simmons also pled guilty to two counts of wire fraud and two counts of aggravated identity theft in connection with the fraudulent tax refund scheme. The sentences were announced today by Pamela C. Marsh, U.S. Attorney for the Northern District of Florida.
At their plea hearing, the government’s factual basis stated that between 2011 and 2012, Parson and Simmons prepared and filed fraudulent returns seeking more than $818,000 in tax refunds. Parson and Simmons created the fraudulent returns using taxpayer identification numbers and other personal identifying information stolen from both living and deceased individuals, who were patients of Tallahassee Memorial Hospital. Parson was a former employee of the hospital
In addition to the 57 months in prison, the judge also imposed a special monetary assessment of $700, three years of supervised release and ordered Parson and Simmons to pay $283,591.33 in restitution to the Internal Revenue Service.
The Internal Revenue Service, United States Postal Inspection Service, and Leon County Sheriff’s Office investigated this case, which was prosecuted by Assistant U.S. Attorney Jason Coody.
Sneads Man Convicted for Threatening to Use Biological Agents and Explosives Against Federal InstitutionRead the Press Release
TALLAHASSEE, FLORIDA – A Sneads resident was found guilty yesterday afternoon on three counts of conveying false and misleading information involving the unlawful use and threatened use of a weapon of mass destruction involving a biological agent and toxin, and a destructive device. Jamie Lee Wambles, 32, was also convicted of a fourth count of mailing threatening communications to a federal agent, involving the potential bombing of the Federal Courthouse in Tallahassee.
Evidence presented at trial revealed that on December 17, 2012, Wambles wrote his first threatening letter from a Jackson County jail facility to the Clerk’s Office at the Federal Courthouse in Tallahassee claiming it contained anthrax. This letter was received at the courthouse by court security officers. On December 18, 2012, Wambles wrote a second threatening letter to the Clerk’s Office at the same address with a white powder claiming it was anthrax. It turned out to be finely crushed Tylenol pills. He wrote a third threatening letter on December 20, 2012, to the same Federal Courthouse, this time claiming he would bomb the building unless his demands were met. Wambles was aggrieved over the shooting death of his pit bull during his state arrest and wanted the officers responsible to be investigated. Finally, on January 7, 2013, Wambles mailed a fourth letter to an FBI agent claiming he had the materials to bomb the Tallahassee Federal Courthouse if his concerns were not mollified.
Wambles faces up to five years in prison and a $250,000.00 fine on each of the first three counts, and up to ten years in prison and a $250,000 fine on the fourth count. The sentencing of Wambles is scheduled for August 29, 2013. Wambles is currently serving seven years in state prison on unrelated state firearm charges.
United States Attorney Pamela C. Marsh praised the efforts of the Federal Bureau of investigation and the United States Marshals Service who investigated this threat case.
The case was prosecuted by Assistant U.S. Attorney James Ustynoski.Former Tallahassee Resident Arrested for Tax FraudRead the Press Release
TALLAHASSEE, FLORIDA – Jerry Samuel Joseph, 33, who has also been known as “Gerry Jeudy,” “Jeremiah Pericles,” and “Jay,” was arrested this morning in Brooklyn, New York, on charges arising from a scheme to defraud the Internal Revenue Service. Joseph was a Tallahassee resident until approximately 2009.
According to an indictment returned by a federal grand jury in Tallahassee, Joseph and others filed fraudulent tax returns using stolen identities to claim approximately $350,000 in federal income tax refunds, with refund checks to be issued to an address in Tallahassee. Joseph is charged with conspiring to defraud the IRS, converting government property, mail fraud, and aggravated identity theft. Joseph has been ordered detained in New York, and will be removed to custody in Tallahassee in the near future.
If convicted, Joseph faces up to 10 years in prison for the conspiracy and conversion counts, up to 20 years for mail fraud, and a mandatory consecutive term of two years in prison for aggravated identity theft.
The case has been investigated by IRS Criminal Investigation, the United States Secret Service, and the United States Postal Service. The case is being prosecuted by Assistant United States Attorney Michael T. Simpson.
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 Apalachicola Housing Authority Director Indicted for Misuse of FundsRead the Press Release
TALLAHASSEE, FLORIDA – Selena Jo Noblit, 42, of Panama City, Florida, appeared today in federal court, charged with stealing funds from a program that received federal grant money.
According to the criminal indictment, between June 2011 and May 2012, while serving as the executive director of the Apalachicola Housing Authority located in Franklin County, Florida, Noblit allegedly embezzled and misapplied funds under the control of the housing authority for her personal gain and for the benefit of others who were not entitled to the funds.
Noblit is scheduled for trial on August 5, 2013, before Judge Robert L. Hinkle. She is facing a possible maximum sentence of ten years in prison, three years of supervised release, a $250,000 fine, and a $100 special monetary assessment.
U.S. Attorney Marsh praised the work of the U.S. Department of Housing and Urban Development, Office of Inspector General, whose investigation led to the indictment in the case.
The case is being prosecuted by Assistant U.S. Attorneys Winifred Acosta NeSmith and 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 at trial in a court of law.
Tallahassee Residents Convicted in Scheme to File False Tax Returns Using Personal Information of OthersRead the Press Release
TALLAHASSEE, FLORIDA –Kimberly Watson, Malcolm Lipscomb, and Shavone Ricketts, all of Tallahassee, were found guilty by a jury yesterday of conspiracy to file false claims against the United States by filing false tax returns for 2008, 2009, and 2010. The false returns claimed over $80,000 in refunds. These defendants were also found guilty of aggravated identity theft for their use of personal information in this scheme.
In addition, Watson was found guilty on 17 counts of filing false claims and 18 counts of wire fraud. Lipscomb was found guilty on seven counts of wire fraud, and Ricketts was found guilty on one count of filing a false claim and two counts of wire fraud. They are scheduled to be sentenced on August 28, 2013.
The defendants obtained the personal information of others and submitted false income tax returns that contained fabricated information, such as false wage information and false claims for refundable credits. The fraudulently inflated refunds were deposited into the defendants’ own bank accounts or placed onto pre-paid debit cards.
Another defendant charged in the case, Alfretta Jones, pled guilty to the conspiracy, as well as obstruction of justice, making false statements, and perjury. Her sentencing is set for July 25, 2013.
Each defendant could face up to ten years of imprisonment on the conspiracy count, up to five years of imprisonment on each count of filing a false claim, and up to 20 years of imprisonment on each wire fraud count. Each count of aggravated identity theft carries a mandatory two years of imprisonment that must be served consecutive to any other sentence.
The case was investigated by the Internal Revenue Service and the Leon County Sheriff’s Office, with assistance from the United States Postal Inspection Service, and was prosecuted by Assistant United States Attorney Corey J. Smith.
Federal Jury Convicts Pensacola Man of Pseudoephedrine Chemical ConspiracyRead the Press Release
PENSACOLA, FLORIDA – A federal jury convicted Jared L. Hester, 29, late Tuesday on charges involving a conspiracy to possess and distribute pseudoephedrine, knowing it would be used to manufacture methamphetamine. The guilty verdict was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
Hester was involved in the conspiracy to possess and distribute large amounts of pseudoephedrine in order to manufacture methamphetamine from January 1, 2011, until his arrest in April 2013. Pseudoephedrine is a listed chemical used to make methamphetamine in combination with other common household items such as fuel, ammonia, lithium, etc. The jury heard from other members of the conspiracy and was shown pharmacy records displaying dozens of pseudoephedrine purchases by Hester during the conspiracy. Many of these purchases overlapped with his codefendants’ purchases. In all, the conspirators purchased between 350 and 400 boxes of pseudoephedrine, so that it could be manufactured into methamphetamine. All of Hester’s seven codefendants pled guilty to the charges.
Sentencing for the defendant is set for August 14, 2013, at 10:30 a.m. Hester faces up to a maximum of twenty years imprisonment, three years of supervised release, and up to a $250,000 fine on the conspiracy charged in the indictment.
The indictment results from an investigation by agents of the U.S. Drug Enforcement Administration, the Florida Department of Law Enforcement, the Escambia County Sheriff’s Office, and the State Attorney’s Office. Assistant U.S. Attorney David L. Goldberg is prosecuting the case.
Civilian Indicted for Sexual Assault at NAS PensacolaRead the Press Release
PENSACOLA, FLORIDA – Edwin C. Mitchell, 49, of Ellenwood, Georgia, appeared in federal court today on charges of aggravated sexual abuse, sexual abuse, and abusive sexual conduct, according to Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The three-count indictment charges Mitchell with causing the victim to engage in sexual acts and sexual conduct by using force, by placing her in fear, and by doing so against her will on or about December 15, 2012. If convicted of the aggravated sexual abuse charge, Mitchell faces a possible maximum term of life imprisonment. Mitchell is scheduled for trial on July 8, 2013, before Chief U.S. District Court Judge M. Casey Rodgers.
The charges result from an investigation by the Naval Criminal Investigative Service. The case is being prosecuted by Assistant U.S. Attorneys Alicia Kim and Randy Hensel.
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 at trial in a court of law.
Sneads Man Pleads Guilty in Federal Court for Manufacturing Child PornographyRead the Press Release
PANAMA CITY, FLORIDA– Donyel James Fitts, 28, of Sneads, pled guilty yesterday in federal court to three criminal charges relating to the production of child pornography.
During the plea hearing, Fitts admitted that, on June 21, 2012, he persuaded and coerced a child to engage in sexually explicit conduct, so that he could photograph the minor. He also admitted that, on two occasions in October 2012, he videotaped a child engaged in sexually explicit conduct. In addition, as a part of his plea agreement, Fitts admitted that he took videos and photographs of himself engaged in sex acts with a 4-year-old child.
Fitts is currently scheduled to be sentenced in federal court on August 21, 2013, in Panama City. He faces a mandatory minimum sentence of 15 years in prison, followed by a term of five years to life of supervised release, and a fine of up to $250,000.
U.S. Attorney Pamela Marsh said, “Protecting children from these horrific crimes is a top priority of the Department of Justice and this U.S. Attorney’s Office. Our prosecutors will continue to actively investigate and charge those persons who victimize our children in this manner.”
This case was investigated by the Immigration and Customs Enforcement’s (ICE) – Homeland Security Investigations (HSI) and the Jackson County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Gayle Littleton. 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 Attorney’s 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.
Pace Man Indicted for Theft and False StatementsRead the Press Release
PENSACOLA, FLORIDA – Tony Gene Broxton, Jr., 54, of Pace, Florida, appeared yesterday in federal court on charges of theft of public money and making false statements to federal agencies, according to Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The four-count indictment charges that Broxton stole money from the Social Security Administration (SSA) and the Department of Veterans Affairs (VA) and made fraudulent statements to both agencies regarding his employment as the Treasurer and Financial Officer for the Pace Fire and Rescue District (PFRD). Count One charges Broxton with stealing over $140,000 from the SSA between 2008 and 2013. Count Two charges Broxton with stealing over $60,000 from the VA from between 2009 and 2013. Count Three charges Broxton with falsely stating to the VA that he had no job and no one would hire him due to his disabilities, when in fact he was actively employed by PFRD at the time. Count Four charges Broxton with falsely stating to the SSA that he was not paid for his work with PFRD and that his wife had worked full-time for PFRD, when in fact Broxton’s wife did not work for PFRD and payments for Broxton’s work as Treasurer and Financial Officer of PFRD were made directly to his wife, in her name.
Broxton is scheduled for trial on July 8, 2013, before Chief U.S. District Court Judge M. Casey Rodgers. If convicted, Broxton faces a maximum of ten years imprisonment and a $250,000 fine for each count of theft, as well as a maximum of five years imprisonment and a $250,000 fine for each count of making a false statement.
The indictment results from an investigation by agents of the Social Security Administration, Office of the Inspector General and by the Department of Veterans Affairs, Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Alicia Kim.
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.
Tampa Man Sentenced to 42 Months for Tax FraudRead the Press Release
TALLAHASSEE, FLORIDA – Kraig Antonio Davis, 23, of Tampa, Florida, was sentenced to serve 42 months in federal prison for tax fraud, mail fraud, and aggravated identity theft. Davis was also ordered to pay $77,081 in restitution to the Internal Revenue Service.
He was involved in a scheme to use the personal identifying information of individuals, including their names, dates of birth, and social security numbers, to submit fraudulent income tax returns to the IRS. Davis conducted online searches to locate deceased victims’ personal information, which he used to file the false income tax returns. He then used victims’ information to obtain prepaid debit cards for the deposit of the fraudulently obtained refunds. He caused more than a dozen fraudulent refunds to be issued, resulting in a loss of approximately $77,081 to the IRS. Davis also filed a false income tax return in his own name resulting in a tax refund of $4,975.
U.S. Attorney Pamela Marsh said, “This office is committed to vigorously prosecuting those individuals who steal the identities of other individuals and use those stolen identities to fraudulently obtain large amounts of money from the Government. We have intensified our efforts, along with our federal, state, and local law enforcement partners, to identify and bring to justice those who seek to defraud the government and the taxpayers.”
U.S. Attorney Marsh praised the work of the Leon County Sheriff’s Office, the U.S. Postal Inspection Service, and the Internal Revenue Service-Criminal Investigations, whose joint investigation led to the conviction in the case. The case was prosecuted by Assistant U.S. Attorney Winifred Acosta NeSmith as part of a Department of Justice initiative to fight stolen identity refund fraud (SIRF). In September 2012, the Department issued Tax Division Directive 144, which sets forth expedited Department review procedures for SIRF cases, enabling law enforcement to respond quickly and effectively to the grave challenges presented in SIRF cases and to prevent the victimization of innocent taxpayers whose identities are stolen by fraudsters.
Shalimar Man Charged with Child Exploitation CrimesRead the Press Release
PENSACOLA, FLORIDA – Joshua Douglas Taylor, 23, of Shalimar, Florida, appeared in federal court today to face charges associated with his receipt and possession of child pornography. Taylor has been charged by a federal grand jury in a three-count indictment with receipt, transportation, and possession of child pornography between October 2011 and February 2012. If convicted, he faces a mandatory minimum sentence of five years, up to a possible maximum sentence of twenty years, in prison. His case is set for trial on July 8, 2013, before Chief U.S. District Judge M. Casey Rodgers.
The indictment results from an investigation by the North Florida Internet Crimes Against Children Task Force with participating agents from the Federal Bureau of Investigation, the Walton County Sheriff’s Department, Immigration and Customs Enforcement’s Homeland Security Investigations and the Okaloosa County Sheriff’s Department. The case will be prosecuted by Assistant U.S. Attorney J. Ryan Love.
This prosecution is being brought as part of the 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 Attorney’s 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 identify and rescue victims.
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.Quincy Man Sentenced as Career Offender on Cocaine ChargesRead the Press Release
TALLAHASSEE, FLORIDA – Teriel Young, 32, of Quincy, Florida, wassentenced to serve 188 months in federal prison today on multiple charges of distributing cocaine and crack cocaine. Young was also sentenced to six years of supervised release and $400 of special monetary assessments.
Young received an enhanced sentence because of his prior convictions for crimes of violence and drug trafficking. His prior convictions include sale of cocaine in 2002 and 2004, resisting an officer with violence in 2004, trafficking cocaine in 2007, and fleeing and eluding at high speed in 2008. He served two sentences in the Florida Department of Corrections, 18 months between 2004 and 2006 and 48 months between 2007 and 2011.
Young was released from state prison in September 2011. In November of the same year, he was arrested in Gadsden County, Florida, with 34.7 grams of powder cocaine. Young attempted to flee from law enforcement, but was subdued by a police dog.
Young bonded out on state charges on December 6, 2011. Shortly thereafter, on February 17, 2012, he sold a small amount of drugs to a confidential informant in Gadsden County.
Young then relocated to Tallahassee. Between May and August 2012, he made three additional sales to different confidential informants, totaling 11 grams of powder cocaine and 17.6 grams of crack cocaine. On August 30, 2012, deputies served a search warrant at Young’s Tallahassee apartment. They recovered $1,360 in cash, 15.5 grams of powder cocaine, 2.2 grams of crack cocaine, drug records, and drug paraphernalia. Young was found hiding behind the headboard of a bed.
U.S. Attorney Marsh praised the joint efforts of Drug Enforcement Administration, the Leon County Sheriff’s Office, and the Tallahassee Police Department. “A small number of repeat offenders make up a great deal of law enforcement’s caseload, to the great detriment of the communities they live in. With this sentence, at least one of those repeat offenders will be taken off our streets for a good long time.”
Assistant U.S. Attorney Michael T. Simpson prosecuted this case.Elementary School Employee Sentenced for Posting Child PornographyRead the Press Release
TALLAHASSEE, FLORIDA – Adam Arnold, 44, of Tallahasseewassentenced to serve 108 months in federal prison today for receiving and distributing child pornography. Arnold was working as an information technology technician at Buck Lake Elementary School when he was arrested on September 13, 2012.
The case began when an internet service provider alerted law enforcement to illicit images being sent to and from Arnold’s home computer. A search warrant revealed approximately 15,000 child pornography images hidden in Arnold’s personal computer. Arnold admitted that he was posting and receiving child pornography through a website based in Russia.
The Court reviewed 49 pages of victim impact statements filed on behalf of approximately two dozen children who were depicted in the seized images. The court commented that their injuries were substantial and long-lasting.
In addition to the nine years of incarceration, United States District Judge Robert L. Hinkle imposed a life term of supervised release. While on supervised release, Arnold must register as a sex offender, must seek counseling as a sex offender, and must submit to searches of his computer and other property by his probation officer. Judge Hinkle also ordered that all of the computer equipment and electronic media seized be forfeited to the United States.
U.S. Attorney Marsh expressed her gratitude to Homeland Security Investigations, the Leon County Sheriff’s Office, and the Tallahassee Police Department, whose joint work led to the successful investigation and prosecution. She added: “The safety and well-being of our children is a top priority for the Department of Justice. Our office will continue to aggressively prosecute these cases to protect the community and children, who are our most innocent victims.” Assistant U.S. Attorney Michael T. Simpson prosecuted this case.
African Trophy Hunter Indicted for Violating Endangered Species Act and Lacey ActRead the Press Release
PENSACOLA, FL – Charles Kokesh, 65, of Santa Fe, New Mexico, was indicted today by a federal grand jury in Pensacola, Florida, for violating the Endangered Species Act and the Lacey Act by selling two African elephant tusks and for making false statements related to that sale. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The three-count indictment alleges that Kokesh legally imported tusks from a sport-hunted African elephant from Namibia, but thereafter illegally sold the tusks to a buyer in Florida. The sale price was approximately $8,100, to be paid in a combination of currency and guns. After the sale, Kokesh allegedly falsely described that sale, in an email to personnel at the U.S. Fish and Wildlife Service, as a shipment to an appraiser in anticipation of a donation to a non-profit entity. Kokesh similarly falsely accounted for the location and disposition of the tusks in subsequent correspondence. Each false statement is charged under the Lacey Act.
African elephants are protected under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). Both the United States and Namibia are signatories to CITES. African elephant populations in Namibia are listed in Appendix II of CITES, which includes species that are not necessarily threatened with extinction now, but may become so unless trade in specimens of such species is strictly regulated. Since 2000, the Namibian African elephant listing has specified that the species cannot be used for commercial purposes.
The United States implements CITES through the Endangered Species Act and regulations issued thereunder. To implement the CITES prohibition against commercial use of African elephant specimens, regulations issued under the Endangered Species Act proscribe the commercial use, including sale, of sport-hunted African elephant trophies, even if the trophies are legally hunted and imported.
According to a recent report produced by CITES and partner organizations, entitled “Elephants in the Dust –The African Elephant Crisis,” populations of elephants in Africa are under severe threat as the illegal trade in ivory grows – with the number of elephants killed doubling and the amount of ivory seized tripling over the last decade. An estimated 17,000 elephants were illegally killed in 2011 to feed the illegal trade. http://www.cites.org/eng/news/pr/2013/20130306_ivory.phpAn indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.
The maximum penalty for the charged violation of the Endangered Species Act is up to six months in prison and a $25,000 fine. The maximum penalty for making a false statement is up to five years in prison and a $250,000 fine.
Today’s indictment comes as a result of an investigation by the U.S. Fish and Wildlife Service, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant United States Attorney Edwin F. Knight, of the Northern District of Florida, and Cassandra Barnum, Trial Attorney with the Environmental Crimes Section of the Department of Justice’s Environmental and Natural Resource Division.
For more information about CITES visit www.CITES.org