Southern District of Florida

MIAMI – Approximately 100 incarcerated citizens recently attended an Institutional Re-Entry Seminar at the South Florida Reception Center, South Unit Correctional Institution in Doral, Florida, and U.S. Attorney’s Office (USAO) staff was there to help those scheduled to leave prison reintegrate more seamlessly.

The seminar, a collaboration with the South Florida Reentry Task Force, featured 15 agencies, to include social workers, probation officers and re-entry specialists. A guest speaker—formerly incarcerated himself—gave a portion of his life story, telling the soon-to-be returning citizens how he turned his life around and motivating them to do the same.  

“These men need to be ready for the challenges they will face when reintegrating,” said Community Outreach Specialist Corey Mackay, Law Enforcement Coordination/Community Outreach Section (LEC/COS), USAO. “They need to use every available resource, and if they do that, they can be successful.”

USAO staff provided resource materials with hundreds of community stakeholder contacts to assist with housing, health care, legal assistance and jobs. The worst thing society can do is fail to support returning citizens when they rejoin their communities. That is when they need support the most.

“These events are one of the most important that we participate in,” said Mackay. “These men still have a lot to offer. We absolutely need to support them during their transition. We want them to succeed. If they are living in your neighborhood, would you rather they succeed or reoffend?”

“That statistic needs to change,” said LEC/COS Chief and former Police Supervisor J.D. Smith. “I always say that when our returning citizens do well, our communities do well. We need to make their success a priority, and these seminars are a step in the right direction. But we can do more, especially with housing and helping them find jobs.”

Supportive non-profit re-entry organizations offer job readiness training, vocational training, and in some cases job placement. Many of these organizations also are able to help with housing through donations, beginning with transitional housing and hopefully leading to long-term housing.

“Stability is key,” said Smith. “Imagine trying to reintegrate into a community and you don’t have stable housing. Being homeless is the wrong answer. They need to feel a sense of independence to fully embrace re-entry. And a job and a roof over their heads will give them a better chance to prosper.”

###

MIAMI – A Miami man was sentenced to life in prison for murdering a man in aid of racketeering, assaulting a federal law enforcement officer, as well as of multiple counts of discharging a firearm in furtherance of a crime of violence, possessing a firearm and ammunition as a convicted felon, access device fraud and aggravated identity theft. His sentence is followed by five years of supervised release.

On April 28, 2020, Geno St. Flerose, of Miami, Florida, a member of the “Everybody Eats,” “EBE” gang shot and killed a victim, who was driving by St. Flerose’s house after he chased him for over four blocks, and fired thirteen rounds into the victim’s car, striking him three times. The paramedics transported the victim to the hospital, but he did not survive. The victim was 22 years old at the time of his murder.

Then, on June 17, 2020, while a federal special agent was conducting surveillance in St. Flerose’s neighborhood, St. Flerose saw the agent’s car. He ran into the street and fired multiple rounds at the agent’s car, penetrating it, but not striking the agent. Later, law enforcement officers found hundreds of people’s personal information on St. Flerose’s cell phone.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of FBI, Miami Field Office, and Special Agent in Charge Rafael Barros of the U.S. Secret Service (USSS), Miami Field Office, announced the sentence imposed by U.S. District Judge Beth Bloom.

FBI Miami and USSS Miami investigated the case. Assistant U.S. Attorney Yara Dodin prosecuted it. Assistant U.S. Attorney Mitchell Hyman handled asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-20149.

###

MIAMI – On April 30, a drug dealer who was convicted by a Fort Lauderdale federal jury in January was sentenced to 300 months in prison for conspiracy to distribute a controlled substance, distribution of a controlled substance, possession with the intent to distribute a controlled substance and being a felon in possession of a firearm and ammunition.

Chad Michael Marlow, 46, of Pompano Beach, Florida, was recorded on two occasions selling a quarter pound and a pound, respectively, of methamphetamine to an undercover Drug Enforcement Administration (DEA) agent in the parking lot of a Broward County shopping plaza. In the recordings, Marlow could be heard discussing at length the great quality of the product and the fact that he used it for his back and hip pain.

Marlow and his partner agreed to sell the undercover agent one pound of methamphetamine at a third planned deal, but when Marlow and his partner arrived at the shopping plaza, law enforcement conducted an arrest. Law enforcement searched the vehicle Marlow was driving and found an unzipped backpack immediately behind the driver’s seat of the vehicle –sitting at the top of the backpack was a loaded handgun and an extra loaded magazine and in the bottom of that backpack they found a pound, or nearly 1,000 pills, of fentanyl segregated into dealing sized baggies, methamphetamine, and cocaine, as well as a bank card bearing Marlow’s name. Law enforcement also found a pound of methamphetamine in a lunch cooler sitting on the front passenger seat of the vehicle. 

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Deanne L. Reuter of DEA Miami Field Division announced the sentence imposed by U.S. District Judge William P. Dimitrouleas.

DEA Miami Field Division investigated the case. Assistant U.S. Attorneys Emily R. Stone and Brooke E. Latta prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-60202.

###

MIAMI – On April 29, a Miccosukee tribal member was charged in federal court with, among other related charges, assault with intent to commit murder.

According to the allegations in the complaint affidavit, on April 26, Sutanga Rex Cypress, 42, was arguing with the victim when Cypress brandished a firearm. Cypress then pointed the gun at the victim and shot the victim in the abdomen. The victim was airlifted to the hospital due to the severity of the injuries sustained by the gunshot.  

On April 29, Cypress made his initial appearance in Fort Lauderdale. If convicted, Cypress faces up to 20 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines along with other mitigating, aggravating and statutory factors.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of FBI, Miami Field Office, and Chief Roland Pandolfi of the Miccosukee Police Department made the announcement.

FBI Safe Trails, Miami and the Miccosukee Police Department investigated the case. Assistant U.S. Attorney Latoya Brown is prosecuting the case.

A complaint contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-mj-6204.

###

MIAMI — On April 25, a central Florida man was sentenced to 12 months and a day in federal prison for fraudulently obtaining COVID-19 relief loans and grants under the Paycheck Protection Program (PPP) and the Economic Injury Disaster Relief Program (EIDL); after previously pleading guilty to wire fraud. 

Jean Robert Dorcius, 68, of Kissimmee, submitted false and fraudulent applications for COVID-19 relief loans that included false revenue and payroll records and fraudulent IRS tax forms. Dorcius received approximately $440,515 in COVID-19 relief funds from the fraudulent scheme. Dorcius transferred $200,000 of the fraudulently obtained funds to his personal accounts. Dorcius also created fictitious payroll records that included himself, his children, and sister.

U.S. District Judge Robert N. Scola also ordered Dorcius to forfeit $109,900 to the United States and pay $440,515 in restitution.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami Field Office, announced the sentence. 

HSI Miami Field Office investigated the case. Assistant U.S. Attorney Jonathan Bailyn prosecuted it. Assistant U.S. Attorney Annika M. Miranda handled asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 22-cr-20553.  

###

MIAMI – On April 25, a Highlands County drug dealer was sentenced to 121 months in federal prison, followed by four years of supervised release, after previously pleading guilty to distribution of cocaine and possession with intent to distribute 500 grams or more of cocaine.

On March 15, May 4, and May 17, 2023, Nichiren Shoshu Smith, aka Nick Drop, 48, of Sebring, Florida, sold cocaine base, commonly known as crack cocaine, in Sebring. On May 19, 2023, law enforcement officers discovered over a kilogram of cocaine, approximately 115.5 grams of cocaine base and more than $7,000 in Smith’s residence. Smith has a prior conviction for possession with intent to distribute cocaine base in the Southern District of Florida.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Deanne L. Reuter of the Drug Enforcement Administration (DEA), Miami Field Division and Sheriff Paul Blackman of the Highlands County Sheriff’s Office (HCSO) announced the sentence imposed by U.S. District Judge Aileen M. Cannon.

DEA Miami Field Division and HCSO investigated the case. Assistant U.S. Attorney Michael D. Porter prosecuted it.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-14038.

###

MIAMI – On April 25, a Weston doctor was sentenced to 10 years in federal prison, followed by three years of supervised release for running a pill mill type pain clinic.

The sentence comes after Osmin Morales, 72, of Weston, Florida, was convicted in January of conspiracy to unlawfully dispense and distribute controlled substances, and six counts of unlawfully dispensing controlled substances.

Under federal law, a physician is authorized to dispense (prescribe) controlled substances only when there is a legitimate medical basis for doing so, and the dispensing is consistent with accepted standards of professional medical practice.

Morales established a purported pain management clinic in which he issued prescriptions for controlled substances, principally oxycodone, morphine, and alprazolam (a tranquilizer commonly known by its brand name, Xanax) to most patients who sought them, without any appropriate medical basis. On many occasions, Morales issued prescriptions for controlled substances without examining the patients, often when he was not even present in the clinic. Morales also often pre-wrote many prescriptions for controlled substances and provided them to his office managers to hand out for cash payments of $250 to regular patients, with the purpose of unlawfully maximizing the clinic’s profits.

Some of Morales’s former patients testified during trial that they had often obtained prescriptions for oxycodone, morphine, and alprazolam from the office staff without seeing Morales. One patient’s mother testified that she had begged Morales to stop prescribing narcotics to her daughter, because she was becoming dysfunctional, but he continued prescribing them.

Medical records from Morales’s office described a number of medical examinations he had purportedly conducted of patients which described the patients’ symptoms and included Morales’s diagnoses for which he prescribed opioids to them. However, official records from the U.S. Customs and Border Protection (CBP) confirmed that on many of the dates for those purported examinations, Morales had been out of the country. A Drug Enforcement Administration (DEA) agent testified that Florida’s prescription drug monitoring program showed that during the time of the indictment, Morales had prescribed opioids to more than a thousand patients, most often the maximum available doses. The DEA agent also researched numerous patients by name and found that nearly one-third of them had criminal records relating to drug dealing.

A pain medicine expert witness testified that none of the patient medical records he had examined contained any proper medical basis for the use of opioids, such as oxycodone or morphine, nor any basis for the use of benzodiazepines, such as alprazolam. The pain medicine expert also testified that the combination of opioids and benzodiazepines that Morales regularly prescribed, both of which are central nervous system depressants, created an enhanced risk of overdose and death.

A former member of the Morales’s office staff testified that she had collected approximately $4,000 per day, in cash, from patients to whom Morales provided controlled substance prescriptions. On most of those days, Morales had not been present at the clinic.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Deanne L. Reuter of the DEA, Miami Field Division, announced the sentence.

DEA Miami Field Division investigated the case with assistance from CBP. Assistant U.S. Attorneys Frank Tamen and Theodore Joseph O’Brien prosecuted it.  Assistant U.S. Attorneys Emily Stone and Mitchell Hyman handled asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-20255.

###

MIAMI – On April 23, a man was sentenced to 16 months in federal prison for the international parental kidnapping of his two young daughters to Morocco and Turkey. 

In August 2019, the children’s mother asked the defendant for a divorce. While the children’s mother was in the Dominican Republic, Hamilton Alexander Merilus, aka Salahudin Sabah Alexander Amhadulla-Merilus, 43, fraudulently obtained full custody of their two small children—then two and four. To fraudulently obtain custody of the children, Merilus lied to a Broward County Circuit Court judge claiming that the children’s mother had abandoned the family and he was unaware of her whereabouts.

While the children’s mother was in the Dominican Republic, Merilus sent her an audio message stating that she would never see her children again and that he would do his best to “disappear.”

When the children’s mother returned to the United States, she was unable to locate Merilus or their children. After she learned that Merilus had fraudulently obtained full custody of the children, she filed for and obtained joint and ultimately full custody of the two children; Merilus purposefully ignored the court’s orders.

On Nov. 7, 2022, Merilus left the United States and flew with the children to Morocco. After Moroccan authorities conducted a wellness check in July 2023, Merilus flew with the children to Antalya, Turkey to continue evading authorities.

During the international kidnapping, Merilus left the two small children behind in Morocco and Turkey on at least three occasions. In those instances, he traveled to the United States and claimed that the children were with their mother. On another occasion, Merilus said that they were with his mother in Jacksonville, Florida. Merilus was arrested in Arizona on Aug. 9, 2023.

On Oct. 5, 2023, after over four years apart, the two children now nine and seven, were reunited with their mother in Turkey.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, announced the sentence imposed by U.S. District Judge Raag Singhal. Assistant U.S. Attorneys Alexandra D. Comolli and Stephanie Hauser prosecuted this case. 

FBI Miami investigated the case with assistance from the FBI’s Legal Attaché Offices in Ankara and Rabat.

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

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-60154.

###

MIAMI – Hundreds of job seekers recently attended Miami-Dade County’s 305 Second Chance Job & Resource Expo at the Main Library in downtown Miami and United States Attorney’s Office staff were present to provide helpful community resources.

Many job seekers previously had been in prison. That is a major impediment to landing a job with a good company, but couple that with a lack of education and these job seekers are starting out with two strikes against them. That’s why it’s so critical to reduce employment barriers so returning citizens have a chance to become productive. Otherwise, they are much more likely to reoffend and end up right back in prison.

“Many people we saw at the expo were so grateful for the opportunity to apply for jobs and get resource information in one location,” said Law Enforcement Coordination Specialist Mark McKinney, U.S. Attorney’s Office. “You can’t help but feel inspired and want to help them as best you can.”

Approximately 25 employers were onsite to take applications and in some instances conduct on-the-spot interviews. Also available were social services, health and wellness, educational and vocational training, and resume development resources.

“We can bring someone on in as little as a week, depending on the position,” said a recruiting specialist with a local community organization. “Certain positions such as a preschool teacher may need an associate or bachelor’s degree. It just depends on the job they are trying to get.”

In some instances, a criminal record could impact certain job opportunities for returning citizens. However, the Job & Resource Expo showed that there are positions that could be a match for a number of returning citizens. Also, a couple of government programs give prospective employers financial incentives to hire returning citizens—either through bonds or tax credits.

“There appears to be momentum toward helping returning citizens find a living wage and that’s a good thing,” said Law Enforcement Coordination/Community Outreach Section Chief J.D. Smith. “Our office provides resource information to returning citizens and hosts re-entry simulations to educate community members on how difficult re-entry can be. Educating the public is key because many either don’t know or don’t think about the challenges facing returning citizens. We should want them to succeed because when they do better, our communities do better.”

Opportunities to get involved with returning citizens abound.

“We encourage our non-profit and faith-based partners to mentor returning citizens and assist them to overcome re-entry barriers and hurdles,” said Smith.

Hundreds of job seekers attended the recent Miami-Dade County’s 305 Second Chance Job & Resource Expo at the Main Library in downtown Miami. Pictured above, a returning citizen receives resource information from U.S. Attorney’s Office staff.

###

MIAMI –An indictment was unsealed today in the Southern District of Florida charging three men for their alleged roles in an approximately $36 million health care fraud, wire fraud, and money laundering scheme that involved submitting false and fraudulent claims for COVID-19 testing to health care benefit programs, including Medicare and the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program.

Enrique Perez-Paris, 47, of Aventura, Florida, and Diego Sanudo Sanchez Chocron, 47, of Venice, California, made their initial appearances today in the U.S. District Court for Southern District of Florida. Gregory Charles “Milo” Caskey, 57, of San Antonio, Texas, made his initial appearance today in the U.S. District Court for the Western District of Texas.

According to court documents, Perez-Paris, Sanchez, and Caskey were owners of Innovative Genomics, an independent laboratory. Between November 2019 and June 2023, the defendants and others allegedly conspired to submit claims for medically unnecessary and non-reimbursable COVID-19 testing. The defendants also allegedly paid illegal kickbacks and bribes to patient recruiters who arranged for health care providers to refer the tests to Innovative Genomics. At times, the defendants allegedly caused the HRSA COVID-19 Uninsured Program to be improperly billed for tests for Medicare beneficiaries. The defendants allegedly further billed for tests that the Food and Drug Administration had not approved for emergency-use authorization.

The defendants are each charged with conspiracy to commit health care fraud and wire fraud, three counts of health care fraud, and conspiracy to commit money laundering. If convicted, they each face a maximum penalty of 20 years in prison on each of the conspiracy counts and a maximum penalty of 10 years on each health care fraud count.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office; and Special Agent in Charge Stephen Mahmood of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) Miami Regional Office made the announcement.

The FBI and HHS-OIG investigated the case.

Trial Attorney Reginald Cuyler Jr. of the Criminal Division’s Fraud Section is prosecuting the case. Assistant U.S. Attorney Marx Calderon for the Southern District of Florida is handling asset forfeiture.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.

###

Update: On March 27, 2025, defendants Diego Sanudo Sanchez Chocron and Gregory Charles “Milo” Caskey were found not guilty by a federal jury in the Southern District of Florida.

An indictment was unsealed today in the Southern District of Florida charging three men for their alleged roles in an approximately $36 million health care fraud, wire fraud, and money laundering scheme that involved submitting false and fraudulent claims for COVID-19 testing to health care benefit programs, including Medicare and the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program.

Enrique Perez-Paris, 47, of Aventura, Florida, and Diego Sanudo Sanchez Chocron, 47, of Venice, California, made their initial appearances today in the U.S. District Court for Southern District of Florida. Gregory Charles “Milo” Caskey, 57, of San Antonio, Texas, made his initial appearance today in the U.S. District Court for the Western District of Texas.

According to court documents, Perez-Paris, Sanchez, and Caskey were owners of Innovative Genomics, an independent laboratory. Between November 2019 and June 2023, the defendants and others allegedly conspired to submit claims for medically unnecessary and non-reimbursable COVID-19 testing. The defendants also allegedly paid illegal kickbacks and bribes to patient recruiters who arranged for health care providers to refer the tests to Innovative Genomics. At times, the defendants allegedly caused the HRSA COVID-19 Uninsured Program to be improperly billed for tests for Medicare beneficiaries. The defendants allegedly further billed for tests that the Food and Drug Administration had not approved for emergency-use authorization.

The defendants are each charged with conspiracy to commit health care fraud and wire fraud, three counts of health care fraud, and conspiracy to commit money laundering. If convicted, they each face a maximum penalty of 20 years in prison on each of the conspiracy counts and a maximum penalty of 10 years on each health care fraud count.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office; and Special Agent in Charge Stephen Mahmood of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) Miami Regional Office made the announcement.

The FBI and HHS-OIG investigated the case.

Trial Attorney Reginald Cuyler Jr. of the Criminal Division’s Fraud Section is prosecuting the case. Assistant U.S. Attorney Marx Calderon for the Southern District of Florida is handling asset forfeiture.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

MIAMI – A federal jury in Miami convicted the former Comptroller General of Ecuador yesterday for his role in a multimillion-dollar international bribery and money laundering scheme.

According to court documents and evidence presented at trial, between 2010 to 2015, Carlos Ramon Polit Faggioni, 73, solicited and received over $10 million in bribe payments from Odebrecht S.A., the Brazil-based construction conglomerate. Polit, in his position as Comptroller General of Ecuador, was responsible for protecting public funds against fraud and rooting out corruption. Instead, Polit took bribes from Odebrecht in exchange for removing fines and not imposing fines on Odebrecht’s projects in Ecuador. Additionally, in or around 2015, Polit received a bribe from an Ecuadorian businessman in exchange for assisting the businessman with obtaining certain contracts with the state-owned insurance company of Ecuador.

“This verdict is a reminder of our office’s firm commitment to investigating and prosecuting corrupt foreign officials who bring their criminally obtained funds to South Florida to buy real estate,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida.

“As Comptroller General of Ecuador, Carlos Ramon Polit Faggioni was entrusted to protect the people of Ecuador from the misuse of public funds. Instead, Polit abused his position as a public official by soliciting and pocketing over $10 million in bribes and then laundering the illicit funds in Miami,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The Criminal Division is committed to ensuring that the United States is not a safe haven for the illicit funds of corrupt officials.”

From in or around 2010 and continuing until at least 2017, at the direction of Polit, another member of the conspiracy caused proceeds of Polit’s bribery scheme to “disappear” by using Florida companies registered in the names of friends and associates, often without the associates’ knowledge. The conspirators also used funds from Polit’s bribery scheme to purchase and renovate real estate in Florida.

“This conviction shows that despite your wealth, title, or influence, nobody is above the law,” said Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami. “HSI and its partners on the El Dorado Financial Crimes Task Forces will continue to pursue corrupt foreign officials who utilize their official positions for their own illicit gain”.

The jury convicted Polit of one count of conspiracy to commit money laundering, three counts of concealment money laundering, and two counts of engaging in transactions in criminally derived property. He faces a maximum penalty of 20 years in prison on each count of money laundering and conspiracy to commit money laundering and a maximum penalty of 10 years in prison on each count of engaging in transactions in criminally derived property. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Odebrecht S.A. pleaded guilty in December 2016 in the Eastern District of New York to conspiring to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) in connection with a broader scheme to pay nearly $800 million in bribes to public officials in 12 countries, including Ecuador.

HSI’s Miami Field Office investigated this case. The FBI International Corruption Squad investigated the Odebrecht case and provided substantial assistance in this case.

The Justice Department’s Office of International Affairs provided substantial assistance. The Justice Department also thanks the assistance of law enforcement authorities in Ecuador, Brazil, Panama, and Curacao with the investigation.  

Assistant U.S. Attorney Michael N. Berger for the Southern District of Florida and Trial Attorney Jil Simon and Assistant Chief Alexander Kramer of the Criminal Division’s Fraud Section are prosecuting the case. Assistant U.S. Attorney Marx P. Calderon for the Southern District of Florida is handling asset forfeiture.

The Fraud Section is responsible for investigating and prosecuting FCPA and Foreign Extortion Prevention Act (FEPA) matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-CR-20114.

###

A federal jury in Miami convicted the former Comptroller General of Ecuador yesterday for his role in a multimillion-dollar international bribery and money laundering scheme.

According to court documents and evidence presented at trial, between 2010 to 2015, Carlos Ramon Polit Faggioni, 73, solicited and received over $10 million in bribe payments from Odebrecht S.A., the Brazil-based construction conglomerate. Polit, in his position as Comptroller General of Ecuador, was responsible for protecting public funds against fraud and rooting out corruption. Instead, Polit took bribes from Odebrecht in exchange for removing fines and not imposing fines on Odebrecht’s projects in Ecuador. Additionally, in or around 2015, Polit received a bribe from an Ecuadorian businessman in exchange for assisting the businessman with obtaining certain contracts with the state-owned insurance company of Ecuador.

“As Comptroller General of Ecuador, Carlos Ramon Polit Faggioni was entrusted to protect the people of Ecuador from the misuse of public funds. Instead, Polit abused his position as a public official by soliciting and pocketing over $10 million in bribes and then laundering the illicit funds in Miami,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The Criminal Division is committed to ensuring that the United States is not a safe haven for the illicit funds of corrupt officials.”

“This verdict is a reminder of our office’s firm commitment to investigating and prosecuting corrupt foreign officials who bring their criminally obtained funds to South Florida to buy real estate,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida.

From in or around 2010 and continuing until at least 2017, at the direction of Polit, another member of the conspiracy caused proceeds of Polit’s bribery scheme to “disappear” by using Florida companies registered in the names of friends and associates, often without the associates’ knowledge. The conspirators also used funds from Polit’s bribery scheme to purchase and renovate real estate in Florida.

“This conviction shows that despite your wealth, title, or influence, nobody is above the law,” said Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami. “HSI and its partners on the El Dorado Financial Crimes Task Forces will continue to pursue corrupt foreign officials who utilize their official positions for their own illicit gain”.

The jury convicted Polit of one count of conspiracy to commit money laundering, three counts of concealment money laundering, and two counts of engaging in transactions in criminally derived property. He faces a maximum penalty of 20 years in prison on each count of money laundering and conspiracy to commit money laundering and a maximum penalty of 10 years in prison on each count of engaging in transactions in criminally derived property. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Odebrecht S.A. pleaded guilty in December 2016 in the Eastern District of New York to conspiring to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) in connection with a broader scheme to pay nearly $800 million in bribes to public officials in 12 countries, including Ecuador.

HSI’s Miami Field Office investigated this case. The FBI International Corruption Squad investigated the Odebrecht case and provided substantial assistance in this case.

The Justice Department’s Office of International Affairs provided substantial assistance. The Justice Department also thanks the assistance of law enforcement authorities in Ecuador, Brazil, Panama, and Curacao with the investigation.  

Trial Attorney Jil Simon and Assistant Chief Alexander Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael N. Berger for the Southern District of Florida are prosecuting the case. Assistant U.S. Attorney Marx P. Calderon for the Southern District of Florida is handling asset forfeiture.

The Fraud Section is responsible for investigating and prosecuting FCPA and Foreign Extortion Prevention Act (FEPA) matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

MIAMI – On April 22, 2024, after a six-day trial, a federal jury convicted Ramon Fuertes, a/k/a “Raymond Cortez,” of West Palm Beach, Florida of four counts of failure of a sex offender to properly register, in violation of 18 U.S.C. § 2250(a).

According to evidence introduced during the trial in West Palm Beach, Fuertes had been convicted in 2009 in federal court for sex trafficking of a minor and enticement of a minor. In 2018, upon completion of his federal prison sentence, Fuentes registered as a sex offender.  In January and May 2023, Fuertes created and used two email addresses and a social networking account. Fuertes did not properly register these internet identifiers with the Palm Beach County Sheriff’s Office as required by the Federal Sex Offender Registration and Notification Act (SORNA). Moreover, on June 2, 2023, Fuertes vacated his West Palm Beach residence and flew to Georgia to live without notifying the proper authorities in the Southern District of Florida that he was terminating his residence in that jurisdiction and commencing his residence in another jurisdiction.

As the evidence at trial showed, while in Georgia, Fuertes did not properly register as a sex offender and by late July 2023, stopped communicating with law enforcement in Georgia and Florida about his whereabouts.  An arrest warrant was issued for Fuertes shortly thereafter. He was arrested by the U.S. Marshals Service (USMS) Fugitive Task Force on Oct. 24, 2023. 

A sentencing hearing is scheduled in this matter for July 18, 2024, before U.S. District Judge Melissa Damian.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and U.S. Marshal Gadyaces S. Serralta of the USMS made the announcement.

USMS Miami investigated this matter, with assistance from the Palm Beach County Sheriff’s Office, FBI, and Georgia Bureau of Investigations, as well as the Dekalb County Sheriff’s Office, Gwinnett County Sheriff’s Office, and Gwinnett County Police Department, all in Georgia.  Assistant U.S. Attorney Gregory Schiller is prosecuting the case.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-CR-80208.

###

MIAMI – On April 19, a local pharmacist was charged by criminal complaint with attempted sex trafficking of a minor and attempted travel to engage in illicit sexual conduct.

According to the criminal complaint and the underlying affidavit, law enforcement officers stopped Stefan Andres Correa, 42, of Miami, Florida, attempting to board a flight from Miami to Bogota, Colombia. It is alleged that, law enforcement officers discovered nine cellular phones in Correa’s possession containing videos of Correa engaging in intercourse with purported minor children, as well as a chat exchange with a suspected sex trafficker, where Correa allegedly paid for commercial sex with children aged between 10 to 12 years old in Colombia. According to the allegations, during the chat exchange, Correa agreed with the suspected sex trafficker to meet with the minor victims once he arrived in Colombia. 

Correa made his initial appearance on April 19. A detention hearing is scheduled for today, April 23, at 10:00 a.m. If convicted, Correa faces a mandatory minimum sentence of 15 years in prison with a maximum sentence of life in prison as well as up to a lifetime of supervised release.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami made the announcement.

HSI Miami investigated the case with assistance from HSI offices in Cleveland, Ohio, and Bogota, Colombia, as well as U.S. Customs and Border Protection (CBP).  The Narcotic and Dangerous Drug Section’s Office of the Judicial Attaché in Bogota, Colombia, also provided critical assistance. Assistant U.S. Attorney Lauren Astigarraga-Little is prosecuting it.

A criminal complaint contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorney’s Offices and the Criminal Divisions Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate better, 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. 

To report suspected human trafficking or to obtain resources for victims, please call 1-888-373-7888; text “BeFree” (233733), or live chat at HumanTraffickingHotline.org. The toll-free phone, SMS text lines, and online chat function are available 24 hours a day, 7 days a week, 365 days a year. Help is available in English, Spanish, Creole, or in more than 200 additional languages. The National Hotline is not managed by law enforcement, immigration, or an investigative agency. Correspondence with the National Hotline is confidential, and you may request assistance or report a tip anonymously.

To report online child sexual exploitation visit https://report.cybertip.org/ or call 1-800-843-5678. The Cyber Tip Line is operated by the National Center for Missing and Exploited Children (NCMEC) in partnership with HSI and other law enforcement agencies.

To learn more about the National Resource Hotline, visit www.humantraffickinghotline.org. To learn more about the U.S. Department of Justice’s efforts to combat human trafficking, visit www.justice.gov/humantrafficking.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-mj-02786.

###

Defendants Conspired to Unlawfully Export Millions of Dollars’ Worth Of Aircraft Parts From the United States to Venezuela’s State-Owned Oil Company Through Costa Rica And Spain

MIAMI – The Justice Department today announced the unsealing of an indictment charging 10 defendants with conspiring to violate the International Economic Emergency Powers Act (IEEPA) for their roles in a scheme to evade U.S. sanctions imposed on Petróleos de Venezuela, S.A. (PDVSA), the Venezuelan state-owned oil company, in January 2019. One of the defendants, George Clemente Semerene Quintero, 60, was arrested on April 19, 2024, upon arrival at the Miami International Airport.

As alleged in the indictment, between January 2019 and December 2021, after learning of the sanctions imposed on PDVSA, the defendants devised a scheme to illegally procure aircraft parts, including Honeywell Turbofan Engines, from the United States to service PDVSA’s aircraft fleet in Venezuela, in violation of U.S. sanctions and export controls. To carry out this scheme, the defendants concealed from U.S. companies that the goods were destined for Venezuela and PDVSA by exporting them to third parties in other countries, including Novax Group SA (Novax), a Costa Rican company, and Aerofalcon SL (Aerofalco), a Spanish company. The Department of Commerce added Novax and Aerofalcon to its Entity List in November 2023.

According to court documents, the defendants include:

• Four individuals associated with PDVSA: Gilberto Ramon Araujo Prieto, 54, a PDVSA air transport manager and colonel in the Venezuelan military; Guillermo Ysrael Marval Rivero, 62, and Fernando Jose Blequett Landaeta, 52, both PDVSA air transport managers and logistics analysts responsible for procurement; and Semerene, PDVSA’s head of logistics, procurement and warehousing.
• Four individuals associated with Novax: Luis Alberto Duque Carvajal, 63, of San Jose, Costa Rica, the owner of Novax; Melvin Aleman Espinoza, 39, Novax’s director of operations; Mikhail Largin, 60, Novax’s director of special projects; and Pedro Elias Sucre Salazar, 58, a Novax employee located in Venezuela.
• Two individuals associated with Aerofalcon: Juan Carlos Gonzalez Perez, 60, the owner of Aerofalcon; and Juan David Guerra Viera, 54, a director for Aerofalcon.

The defendants are charged with conspiring to violate IEEPA, and if convicted, face a maximum penalty of 20 years in prison. Defendants Duque, Aleman, Sucre, Gonzalez, and Guerra Viera are additionally charged with submitting false or misleading export information and smuggling of goods, which respectively carry maximum penalties of five and 10 years in prison.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, and Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Commerce Department’s Bureau of Industry and Security (BIS) made the announcement.

BIS is investigating the case.

Assistant U.S. Attorney Jonathan Stratton for the Southern District of Florida and Trial Attorney Ahmed Almudallal of the National Security Division’s Counterintelligence and Export Control Section (CES) are prosecuting the case. CES Deputy Chief Matthew McKenzie provided valuable assistance during the investigation.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-CR-20589.

###

The Justice Department today announced the unsealing of an indictment charging 10 defendants with conspiring to violate the International Economic Emergency Powers Act (IEEPA) for their roles in a scheme to evade U.S. sanctions imposed on Petróleos de Venezuela, S.A. (PDVSA), the Venezuelan state-owned oil company, in January 2019. One of the defendants, George Clemente Semerene Quintero, 60, was arrested on April 19, 2024, upon arrival at the Miami International Airport.

As alleged in the indictment, between January 2019 and December 2021, after learning of the sanctions imposed on PDVSA, the defendants devised a scheme to illegally procure aircraft parts, including Honeywell Turbofan Engines, from the United States to service PDVSA’s aircraft fleet in Venezuela, in violation of U.S. sanctions and export controls. To carry out this scheme, the defendants concealed from U.S. companies that the goods were destined for Venezuela and PDVSA by exporting them to third parties in other countries, including Novax Group SA (Novax), a Costa Rican company, and Aerofalcon SL (Aerofalco), a Spanish company. The Department of Commerce added Novax and Aerofalcon to its Entity List in November 2023.

According to court documents, the defendants include:

• Four individuals associated with PDVSA: Gilberto Ramon Araujo Prieto, 54, a PDVSA air transport manager and colonel in the Venezuelan military; Guillermo Ysrael Marval Rivero, 62, and Fernando Jose Blequett Landaeta, 52, both PDVSA air transport managers and logistics analysts responsible for procurement; and Semerene, PDVSA’s head of logistics, procurement and warehousing.
• Four individuals associated with Novax: Luis Alberto Duque Carvajal, 63, of San Jose, Costa Rica, the owner of Novax; Melvin Aleman Espinoza, 39, Novax’s director of operations; Mikhail Largin, 60, Novax’s director of special projects; and Pedro Elias Sucre Salazar, 58, a Novax employee located in Venezuela.
• Two individuals associated with Aerofalcon: Juan Carlos Gonzalez Perez, 60, the owner of Aerofalcon; and Juan David Guerra Viera, 54, a director for Aerofalcon.

The defendants are charged with conspiring to violate IEEPA, and if convicted, face a maximum penalty of 20 years in prison. Defendants Duque, Aleman, Sucre, Gonzalez, and Guerra Viera are additionally charged with submitting false or misleading export information and smuggling of goods, which respectively carry maximum penalties of five and 10 years in prison.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Commerce Department’s Bureau of Industry and Security (BIS), and U.S. Attorney Markenzy Lapointe for the Southern District of Florida made the announcement.

BIS is investigating the case.

Assistant U.S. Attorney Jonathan Stratton for the Southern District of Florida and Trial Attorney Ahmed Almudallal of the National Security Division’s Counterintelligence and Export Control Section (CES) are prosecuting the case. CES Deputy Chief Matthew McKenzie provided valuable assistance during the investigation.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

MIAMI – Two operators of several Key West, Florida, labor staffing companies – including PSEB Services Inc., E.S.F. Services Inc. and Expert Services F.S. Inc. – were each sentenced to over three years in prison today for tax and immigration-related crimes.

According to court documents and statements made in court, at various times between January 2014 and October 2019, Zdenek Strnad, Vasil Khatiashvili and others helped run a series of labor staffing companies that facilitated the employment in hotels, bars and restaurants in Key West and elsewhere of non-resident aliens who were not authorized to work in the United States. These labor staffing companies did not withhold federal income taxes or Social Security and Medicare taxes from these workers’ wages and did not report the wages to the IRS.

U.S. District Court Judge Jose E. Martinez for the Southern District of Florida sentenced Strnad to 44 months in prison and Khatiashvili to 38 months in prison. In addition to their prison sentences, Judge Martinez ordered Strnad and Khatiashvili to both serve three years of supervised release and to pay $1,836,960.68 in restitution to the United States.

Khatiashvili and Strnad’s co-defendant, Petr Sutka, was sentenced to 48 months in prison on March 18.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami, and Special Agent in Charge Matthew D. Line of the IRS Criminal Investigation (IRS-CI) Miami Field Office made the announcement.

HSI and IRS-CI investigated the case.

Senior Litigation Counsel Christopher J. Clark of the U.S. Attorney’s Office for the Southern District of Florida, and Senior Litigation Counsel Sean Beaty and Trial Attorneys Jessica A. Kraft, Nicholas J. Schilling Jr., Matthew C. Hicks and Wilson Rae Stamm of the Justice Department’s Tax Division prosecuted the case.

You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.justice.gov/usao-sdfl.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-CR-10015.

###

MIAMI – Luxury handbag company Gzuniga Ltd., its founder Nancy Teresa Gonzalez de Barberi and Gonzalez’s associate Mauricio Giraldo were sentenced to prison today for illegally importing merchandise from Colombia to the United States that was made from protected wildlife. All had previously pleaded guilty.

Gzuniga was ordered to forfeit all handbags and other previously seized product, banned for three years from any activities involving commercial trade in wildlife and sentenced to serve three years of probation. Gonzalez was sentenced to 18 months in prison with credit for time served, a supervised release of three years and to pay a special assessment. Giraldo was sentenced to time served, approximately 22 months based on incarceration in Colombia and the United States since his extradition, a year of supervised release and to pay a special assessment. Another co-conspirator, John Camilo Aguilar Jaramillo, pleaded guilty on April 8 and is scheduled to be sentenced on June 27. Gonzalez, Giraldo and Jaramillo are Colombian citizens and were extradited to the United States to face the charges brought against them.  

Photo is of handbags designed by Nancy Gonzalez and displayed in the Gzuniga Ltd. showroom. Photo is from Exhibit 3 to the government’s reply to objections to presentence report and sentencing memorandum in United States v. Gzuniga Ltd., et al., case number 22-CR-20170.

The caiman and python species are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to which both the United States and Colombia are signatories.

“The United States, in company with the international community, has established a system for overseeing the trafficking in protected species of wildlife. That system relies on a system of permits and oversight by many agencies and demands strict compliance by all those engaged in such trade,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “The press of business, production deadlines or other economic factors are not justification for anyone to knowingly flout the system and attempt to write their own exceptions to wildlife trafficking laws. In cooperation with our international partners, our Office will continue to require strict adherence to laws that protect our endangered species.”

“The United States signed on to CITES in an effort to help protect threatened and endangered species here and abroad from trafficking,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will not tolerate illegal smuggling. We appreciate the efforts of our many federal and international partners who have helped with the investigation, extradition and prosecution of this case.”

“The U.S. Fish and Wildlife Service is deeply committed to combatting wildlife trafficking in all its forms. The Gonzalez case underscores the importance of robust collaboration with federal and international partners to disrupt illegal wildlife trade networks,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service’s (USFWS) Office of Law Enforcement. “This investigation uncovered a multi-year scheme that involved paid couriers smuggling undeclared handbags made of CITES-protected reptile skins into the U.S. to be sold for thousands of dollars. The Service will continue to seek justice for protected species exploited for profit, and we will hold accountable those who seek to circumvent international controls meant to regulate their sustainable trade.”

An indictment charged Gzuniga, Gonzalez, Giraldo and Jaramillo with one count of conspiracy and two counts of smuggling for illegally importing designer handbags made from caiman and python skin from February 2016 to April 2019.

The conspirators brought hundreds of designer purses, handbags and totes into the United States by enlisting friends, relatives and even employees of Gonzalez’s manufacturing company in Colombia to wear the designer handbags or put them in their luggage while traveling on passenger airlines. Once in the United States, the bags were delivered or shipped to the Gzuniga showroom New York to be displayed and sold.

The USFWS Office of Law Enforcement in Valley Stream, New York, investigated the case, with the assistance of the Miami Resident Agent in Charge Office of USFWS. The Justice Department’s Office of International Affairs and the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attaché Office in Bogotá, Colombia, provided valuable assistance with securing the arrest and extradition of Gonzalez, Giraldo and Jaramillo. The U.S. Marshals Service (USMS), Customs and Border Protection and Homeland Security Investigations were instrumental in supporting the case. The United States also thanks Colombian law enforcement authorities for their valuable assistance and close collaboration and partnership.

Assistant U.S. Attorney Thomas Watts-FitzGerald for the Southern District of Florida and Senior Trial Attorney R.J. Powers of the Justice Department’s Environmental Crimes Section are prosecuting the case.

You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.justice.gov/usao-sdfl.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-CR-20170.

###

MIAMI – On April 18, eight defendants were arrested on a 12-count indictment charging them with conspiracy to possess with intent to distribute methamphetamine and cocaine, as well as distribution of methamphetamine and cocaine.

The indictment alleges that Alain Romero, 33, of Hialeah Gardens, Florida, Mauricio Herrera, 40, of Hialeah, Florida, Anthony Lee Davis, 27, of Naples, Florida, David Martinez Ortega, 35, of Naples, Patricia Correa Ramirez, 28, of Miami, Andy Cabrera, 28, of Miami, and Yanker Perez-Diaz, 34, of Westland, Michigan, a member of the Latin Kings gang in Miami, were part of a drug trafficking organization that trafficked methamphetamine and cocaine in Florida. According to the allegations in the indictment, Martinez and Davis distributed the drugs from Naples to Miami, at the direction of Oscar David Cardona, 29, of Miami, another member of the Latin Kings gang.

Davis and Martinez were arrested in Naples, Perez-Diaz was arrested in Westland and Herrera, Ortega, Cabrera and Ramirez were arrested in Miami. The arrests were coordinated between the U.S. Attorney’s Offices in the Southern District of Florida, Middle District of Florida and Eastern District of Michigan.

Cardona was arrested on Aug. 31, 2023, in Miami-Dade County for a state probation violation. He is currently in state custody.

On April 19, Davis and Martinez made their initial appearances in the Middle District of Florida, Perez-Diaz made his initial appearance in the Eastern District of Michigan, and Herrera, Ortega, Ramirez, and Cabrera made their initial appearances in the Southern District of Florida. If convicted, the defendants face up to life in prison, criminal fines of up to $10,000,000 and a period of supervised release of up to life.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Deanne L. Reuter of the Drug Enforcement Administration (DEA), Miami Field Division; Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami; U.S. Marshal Gadyaces S. Serralta of the U.S. Marshals Service (USMS); Inspector in Charge Juan A. Vargas of the U.S. Postal Inspection Service (USPIS), Miami Division; Director Stephanie V. Daniels of the Miami-Dade Police Department (MDPD); Sheriff Gregory Tony of the Broward Sheriff’s Office (BSO); Chief Alexander E. Rolle Jr. of the Homestead Police Department; Chief of Police Jeffrey Devlin of the Hollywood Police Department; Chief of Police Manuel A. Morales of the Miami Police Department; Sheriff Kevin Rambosk of the Collier County Sheriff’s Office (CCSO), and Director Dave Kerner of the Florida Highway Patrol (FHP) made the announcement.

The DEA Miami Field Division, HSI Miami, USMS Miami, USPIS Miami, MDPD, BSO, Homestead PD, Hollywood PD, Miami Police Department, CCSO, and FHP investigated the case with assistance from the DEA Miami Field Division, Homestead and Fort Myers Resident Offices as well as the DEA Detroit Field Division (and their local police departments). The U.S. Attorney’s Offices for the Middle District of Florida and Eastern District of Michigan provided invaluable assistance. Assistant U.S. Attorney Yara Dodin is prosecuting the case.

An indictment contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.justice.gov/usao-sdfl.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-cr-20128.

###

MIAMI – On April 11, a south Florida grand jury returned an indictment charging the owner of a tax preparations business with 15 counts of aiding and assisting the preparation of false tax returns and one count of contempt of court.

The indictment alleges that from tax years 2016 through 2021, Beatriz Toledo, 60, of Hialeah, Florida, through her company, Immigration and Tax Service Group LLC, willfully prepared false and fraudulent tax returns for clients, which included false claims for the Residential Energy Credit, which allowed taxpayers to claim a credit for qualified energy-saving expenses, and false itemized deductions for state and local sales taxes, business expenses, and other itemized deductions. The indictment further alleges that as a result of these false claims, Toledo’s clients’ taxable income decreased thereby increasing their tax refund.

The indictment also alleges that Toledo’s preparation of false tax returns on behalf of her clients were in violation of a permanent injunction previously entered against her by a federal district judge in 2010 (Case No. 09-cv-21987). In 2009, the United States filed a suit against Toledo seeking to bar her from preparing false tax returns. Toledo then signed a joint motion for entry of a permanent injunction, which the district court entered on July 26, 2020. That injunction prohibited Toledo from, among other things, preparing false tax returns through inflated claims for the deduction of business or employee expenses, assisting or aiding others to evade the payment of taxes or to prepare false or fraudulent federal income tax returns, and preparing or assisting others in preparing documents that materially understated an individual’s income tax liability. Despite these prohibitions, Toledo continued to prepare false tax returns by overstating claims for the Residential Energy Credit and itemized deductions to reduce her clients’ tax liability for tax years 2016 through 2021, as per the allegations in the indictment.

On April 18, Toledo made her initial appearance before U.S. Magistrate Judge Jonathan Goodman. If convicted, Toledo faces up to three years in prison per count and a fine of up to $250,000 on the tax charges, and up to life in prison and a fine of up to $250,000 on the contempt of court charge.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Matthew D. Line of the IRS Criminal Investigation (IRS-CI), Miami Field Office made the announcement.

IRS-CI, Miami Field Office investigated the case. Assistant U.S. Attorney Will J. Rosenzweig is prosecuting it.

An indictment contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-cr-20147.

###

A Colombian national was extradited from Chile to the United States yesterday to face charges related to kidnapping and assaulting two U.S. Army soldiers who were on temporary duty in Bogota, Colombia.

Pedro Jose Silva Ochoa, also known as Tata, 47, of Bogota, will make his initial court appearance today at 1:30 p.m. in Miami, Florida, before Magistrate Judge Jonathan Goodman of the U.S. District Court for the Southern District of Florida.

According to court documents, Silva Ochoa and his co-conspirators targeted, incapacitated, and kidnapped two U.S. soldiers in Bogota in order to rob them of their valuables. On the evening of March 5, 2020, the two victims went to an entertainment district in Bogota to watch a soccer game. They visited a pub, where one of Silva Ochoa’s co-conspirators incapacitated the two victims by putting drugs, including benzodiazepines, in their drinks. Silva Ochoa’s co-conspirators then escorted the victims into a waiting car driven by Silva Ochoa, kidnapped them, and took their wallets, debit cards, credit cards, and cell phones. Silva Ochoa and his co-conspirators used one victim’s credit card and the other victim’s debit card to make purchases and withdraw money. The two victims lost consciousness until the following day, by which point they had been separated.

Silva Ochoa is charged with kidnapping an internationally protected person, conspiracy to kidnap an internationally protected person, assaulting an internationally protected person, and conspiracy to assault an internationally protected person. If convicted, he faces a maximum penalty of life in prison.

One of Silva Ochoa’s co-defendants, Jeffersson Arango Castellanos, was extradited from Colombia to the United States in April 2023 and pleaded guilty in January to the charges in the indictment.

Principal Deputy Assistant Attorney General Nicole A. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Markenzy Lapointe for the Southern District of Florida; and Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office made the announcement.

The FBI is investigating the case and escorted Silva Ochoa from Chile to the United States. The Justice Department’s Office of International Affairs, the FBI Miami Field Office, the Office of the Legal Attaché Santiago, and the Narcotic and Dangerous Drug Section’s Judicial Attaché’s Office in Bogota provided significant assistance in securing the arrest and extradition of Silva Ochoa. The United States also thanks Colombian and Chilean law enforcement authorities for their valuable assistance.

Trial Attorneys Clayton O’Connor and Elizabeth Nielsen of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Bertila Fernandez for the Southern District of Florida are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

MIAMI – An indictment was unsealed yesterday charging Syria national Mohamad Deiry and Lebanese national Samer Rayya, both principals of an Iraq-based arms company, Black Shield Ltd., with conspiring to export munitions from the United States to Sudan and Iraq without the necessary licenses and approvals, in violation of the Arms Export Control Act. Additionally, Deiry and Rayya were charged with conspiring to commit money laundering in furtherance of their illicit procurement activities.

Both Rayya and Deiry remain at large and wanted by the FBI. The defendants have ties to or may visit Syria, Lebanon, Iraq, Turkey, Russia, Belarus, Sudan and Libya.

Concurrent with this announcement, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Black Shield, also known as Black Shield for Trading LLC, Deiry, and Rayya, as well as other individuals and entities involved in the procurement network used by Deiry and Rayya in support of Black Shield’s illegal supply of munitions used in conflicts around the world.

“The U.S. Attorney’s Office is committed to the prosecution of those individuals and corporations that illicitly procure munitions to be shared overseas,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Our goal is to identify and thwart arms traffickers and money launderers whose criminal acts fuel the destabilization of nations and perpetuation of international conflicts.”

“These defendants allegedly ran an international arm trafficking ring and conspired to unlawfully export anti-aircraft ammunition and other military arms and munitions from the United States to Sudan and Iraq, promoting violence and putting Americans and our allies at risk,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “These charges exemplify the Justice Department’s commitment to investigating and holding accountable those who defy our U.S. export controls.”

“This indictment demonstrates the FBI’s resolve to investigate those who seek to illegally acquire and sell U.S. arms, ultimately fueling conflict around the world,” said Executive Assistant Director of the FBI’s National Security Branch Larissa L. Knapp. “Deiry and Rayya’s alleged actions will not be taken lightly, and the FBI will do all within its power to ensure that they are brought to justice. Illegal arms exportation and international money laundering will not be tolerated.”

According to the indictment, between April and November 2016, Deiry, Rayya and others conspired to export munitions, including 23-millimeter antiaircraft ammunition, Bushmaster 40mm Grenade Launchers, FN SCAR-L CQC (5.56x45mm) assault rifles, FN SCAR-H CQC (7.62x51mm) assault rifles, FNH 5.7x28mm green tip ammunition, and HK MR762A1 LRP ii (7.62x51mm) assault rifles, from the United States to Sudan and Iraq without first obtaining the required licenses or approvals from DDTC. Specifically, the co-conspirators attempted to illegally acquire the munitions from the United States in a deal worth $1,200,000, which was part of a larger scheme to illegally acquire $4 million worth of 23-millimeter ammunition. The conspiracy involved the transshipment of the munitions from the United States to Guatemala and from Guatemala to false end-users in Cyprus before ultimately arriving in Sudan and Iraq. In furtherance of the conspiracy, Black Shield wired a downpayment of $100,000 from a front company located in Benin, West Africa. The conspiracy involved both Black Shield emissaries from India and Belarus, who traveled to the United States to inspect the munitions, as well as Israeli American and Israeli Romanian-Uzbeki brokers, who acted as middlemen between the supplier and end-users.

Deiry and Rayya are charged with conspiracy to unlawfully export defense articles from the United States, which carries a maximum statutory penalty of five years in prison; and conspiracy to engage in international money laundering, which carries a maximum statutory penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Miami Field Office is investigating the case.

Assistant U.S. Attorney Randy Hummel for the Southern District of Florida is prosecuting the case, with valuable assistance from Trial Attorneys Brendan Geary and Tracy Varghese of the National Security Division’s Counterintelligence and Export Control Section.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-6029.

Indictment

###

An indictment was unsealed yesterday charging Syria national Mohamad Deiry and Lebanese national Samer Rayya, both principals of an Iraq-based arms company, Black Shield Ltd., with conspiring to export munitions from the United States to Sudan and Iraq without the necessary licenses and approvals, in violation of the Arms Export Control Act. Additionally, Deiry and Rayya were charged with conspiring to commit money laundering in furtherance of their illicit procurement activities.

Both Rayya and Deiry remain at large and wanted by the FBI. The defendants have ties to or may visit Syria, Lebanon, Iraq, Turkey, Russia, Belarus, Sudan and Libya.

Concurrent with this announcement, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Black Shield, also known as Black Shield for Trading LLC, Deiry, and Rayya, as well as other individuals and entities involved in the procurement network used by Deiry and Rayya in support of Black Shield’s illegal supply of munitions used in conflicts around the world.

“These defendants allegedly ran an international arm trafficking ring and conspired to unlawfully export anti-aircraft ammunition and other military arms and munitions from the United States to Sudan and Iraq, promoting violence and putting Americans and our allies at risk,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “These charges exemplify the Justice Department’s commitment to investigating and holding accountable those who defy our U.S. export controls.”

“This indictment demonstrates the FBI’s resolve to investigate those who seek to illegally acquire and sell U.S. arms, ultimately fueling conflict around the world,” said Executive Assistant Director of the FBI’s National Security Branch Larissa L. Knapp. “Deiry and Rayya’s alleged actions will not be taken lightly, and the FBI will do all within its power to ensure that they are brought to justice. Illegal arms exportation and international money laundering will not be tolerated.”

“The U.S. Attorney’s Office is committed to the prosecution of those individuals and corporations that illicitly procure munitions to be shared overseas,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Our goal is to identify and thwart arms traffickers and money launderers whose criminal acts fuel the destabilization of nations and perpetuation of international conflicts.”

According to the indictment, between April and November 2016, Deiry, Rayya and others conspired to export munitions, including 23-millimeter antiaircraft ammunition, Bushmaster 40mm Grenade Launchers, FN SCAR-L CQC (5.56x45mm) assault rifles, FN SCAR-H CQC (7.62x51mm) assault rifles, FNH 5.7x28mm green tip ammunition, and HK MR762A1 LRP ii (7.62x51mm) assault rifles, from the United States to Sudan and Iraq without first obtaining the required licenses or approvals from DDTC. Specifically, the co-conspirators attempted to illegally acquire the munitions from the United States in a deal worth $1,200,000, which was part of a larger scheme to illegally acquire $4 million worth of 23-millimeter ammunition. The conspiracy involved the transshipment of the munitions from the United States to Guatemala and from Guatemala to false end-users in Cyprus before ultimately arriving in Sudan and Iraq. In furtherance of the conspiracy, Black Shield wired a downpayment of $100,000 from a front company located in Benin, West Africa. The conspiracy involved both Black Shield emissaries from India and Belarus, who traveled to the United States to inspect the munitions, as well as Israeli American and Israeli Romanian-Uzbeki brokers, who acted as middlemen between the supplier and end-users.

Deiry and Rayya are charged with conspiracy to unlawfully export defense articles from the United States, which carries a maximum statutory penalty of five years in prison; and conspiracy to engage in international money laundering, which carries a maximum statutory penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Miami Field Office is investigating the case.

Assistant U.S. Attorney Randy Hummel for the Southern District of Florida is prosecuting the case, with valuable assistance from Trial Attorneys Brendan Geary and Tracy Varghese of the National Security Division’s Counterintelligence and Export Control Section.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

MIAMI – On April 12, a Florida woman was arrested today on an indictment returned by a federal grand jury on April 4 in Miami that charged her with filing false tax returns. 

According to the indictment, from 2017 through 2021, Yolanda Dewar, of Sunrise, allegedly filed four false tax returns on behalf of a trust to obtain refunds the trust was not entitled to receive. Specifically, Dewar allegedly filed returns falsely reporting that the trust earned significant income, made payments to the IRS, and had federal taxes withheld on its behalf. In addition, Dewar allegedly falsely claimed that these payments to the IRS were more than the tax the trust otherwise owed, thereby entitling it to large refunds. Dewar allegedly continued this conduct even after the IRS notified her that her claims were frivolous. Dewar allegedly sought refunds totaling over $1.9 million, of which the IRS paid approximately $500,000. Dewar allegedly used some of the fraudulently obtained proceeds to purchase a car for a family member, get plastic surgery and renovate her home.

Dewar is charged with four counts of filing false tax returns. If convicted, she faces three years in prison for each count. She also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.    

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Special Agent in Charge Matthew D. Line of the IRS Criminal Investigation (IRS-CI) Miami Field Office made the announcement.

IRS-CI Miami is investigating the case.

Assistant U.S. Attorney Deric Zacca and Trial Attorneys Melissa S. Siskind and Kavitha Bondada of the Justice Department’s Tax Division are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-cr-60051.

###

MIAMI – Rim rattling dunks and long-range scoring from beyond the three-point line provided the action at the recent Fourth Spring Classic Youth & Cops Basketball Tournament at the Betty T. Ferguson Recreational Complex in Miami Gardens.

Organized by the Law Enforcement Coordination and Community Outreach Section (LEC/COS) of the U.S. Attorney’s Office, the tournament consisted of 12 teams, each one with six adults from local law enforcement agencies and six teens chosen by said agencies. Many of the teens were standout high school players with energy to burn. The large crowd oohed and aahed whenever they attacked the basket.

“There were plenty of fireworks for sure,” said LEC/COS Community Outreach Specialist Corey Mackay. “We had some very talented players—cops and teens—which made it really fun to watch.”

Participating agencies included members of the U.S. Attorney’s Office for the Southern District of Florida; Hialeah Police Department; Davie Police Department; Fort Lauderdale Police Department; North Miami Police Department; Miami-Dade Police Department; Miami Gardens Police Department; Miami-Dade Police Department—Intracoastal; Miami Beach Police Department; Florida Highway Patrol (FHP); Opa-Locka Police Department; and Hollywood Police Department.

The championship game was a showdown between FHP and North Miami Police Department. The fastbreak-style matchup was closely contested but FHP prevailed in the end.

“We had some great teams this time around,” said Tournament Director and LEC/COS Chief J.D. Smith. “The games were exciting to watch, and we had a nice crowd showing support. Basketball is one thing, but we began this event to help establish a rapport between our youth and our law enforcement officers. That’s what I really enjoy watching … the interaction between them.”

Smith, a retired supervisor with the Detroit Police Department, knows full well the importance of changing a culture that, too often, amplifies the misconceptions between teens and the police.  

“You must show teens the human side of police officers, and vice-versa” said Smith. “They are no different from anyone else. But too often all our youth see are authority figures. It’s crucial for them to interact in social settings where they can find commonalities. That’s what we want teens and cops to discover, that if they take time to see past their differences, they’ll see that we’re all human beings. If we can help do that, then it’s worth it.”  

Multiple agencies participating in the tournament provided refreshments. Miami Gardens Parks & Recreation Department provided the venue.

###

MIAMI – On April 10, the last of four defendants pleaded guilty to conspiring to commit robbery, robbing several people who had listed electronic items for sale on the online marketplace application OfferUp and possessing a firearm as a convicted felon. 

Jordan Denzel Lewis’s co-defendants, Tyrell Brion Bouie, Anthony Christopher Diggs Jr., and Johntaevious Henry Johnson pleaded guilty earlier in the case to charges of conspiracy to commit robbery, robbery, and using a firearm during a robbery. 

From September to October 2022, Lewis, Bouie, Diggs, and Johnson contacted victims who had posted electronics for sale online through OfferUp. After contacting the victims and pretending to be interested in purchasing the electronics, Lewis and his co-defendants would meet the victims at an agreed public location such as a public parking lot or restaurant, and instead of purchasing the items, Lewis, Bouie, Diggs, and Johnson would rob the victims. On some occasions, they brandished guns or used violence during the robberies.

Markenzy Lapointe, U.S. Attorney for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office made the announcement.

FBI Miami investigated the case with assistance from the Plantation Police Department. Assistant U.S. Attorneys Deric Zacca and Vanessa Bonhomme are prosecuting it.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-60138.

###

MIAMI – Victor Manuel Rocha, 73, of Miami, Florida, a former U.S. Department of State employee who served on the National Security Council from 1994 to 1995 and as U.S. Ambassador to Bolivia from 2000 to 2002, pleaded guilty today to secretly acting for decades as an agent of the government of the Republic of Cuba. Immediately thereafter, a federal judge sentenced Rocha to the statutory maximum penalty of 15 years in prison for his crimes of conviction.

“Victor Manuel Rocha secretly acted for decades as an agent of a hostile foreign power. He thought the story of his covert mission for Cuba would never be told because he had the intelligence, knowledge, and discipline to never to be detected. Rocha underestimated those same skills in the prosecutors and law enforcement agents who worked tirelessly to bring him to justice for betraying his oath to this country,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “I am mindful that Rocha’s decades-long criminal activity on behalf of the Cuban Government is especially painful for many in South Florida. Rocha’s willingness to cooperate, as required by his plea agreement, is important, but does not change the seriousness of his misconduct or his clandestine breach of the trust placed in him. Rocha’s 15-year prison sentence, the maximum punishment for his crimes of conviction, sends a powerful message to those who are acting or seek to act unlawfully in the United States for a foreign government: we will seek you out anywhere, at any time, and prosecute you to the fullest extent of the law.”

“Today’s plea and sentencing brings to an end more than four decades of betrayal and deceit by the defendant,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Rocha admitted to acting as an agent of the Cuban government at the same time he held numerous positions of trust in the U.S. government, a staggering betrayal of the American people and an acknowledgement that every oath he took to the United States was a lie.”

U.S. District Court Judge Beth Bloom accepted Rocha’s guilty plea to counts 1 and 2 of the indictment, which charged him with conspiring to act as an agent of a foreign government and conspiring to defraud the United States and acting as an agent of a foreign government without notice as required by law.

The Court then sentenced Rocha to the statutory maximum penalty on his counts of conviction: 15 years’ imprisonment, a $500,000 fine, three years of supervised release, and a special assessment. The court also imposed significant restrictions on Rocha.

Under the terms of the parties’ plea agreement, Rocha must cooperate with the United States, including assisting with any damage assessment related to his work on behalf of the Republic of Cuba. Rocha must relinquish all future retirement benefits, including pension payments, owed to him by the United States based upon his former State Department employment. Rocha must also assign to the United States any profits that he may be entitled to receive in connection with any publication relating to his criminal conduct or his U.S. Government service.

“Despite swearing an oath to defend the Constitution of the United States, Rocha betrayed the U.S. by secretly working as a Cuban agent for decades,” said Executive Assistant Director Larissa L. Knapp of the FBI’s National Security Branch. “After years of lying and endangering national security and U.S. citizens, he finally accepted responsibility for his actions and received the maximum prison sentence. This should serve as a notice to our adversaries that the FBI will work tirelessly to stop foreign intelligence services and any who work with them against the interests of the United States and prosecute them to the fullest extent of the law.”

“Victor Manuel Rocha was sentenced to 15 years in prison today for deceiving our nation,” said Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office. “He blatantly violated the oath of office he willingly took as an employee of the State Department and disregarded the loyalty to the United States that is inherent with that oath. As this case demonstrates, the counterintelligence threat facing our nation is real, pervasive, and has the potential to cause great harm to our national security. I want to commend the U.S. Attorney’s Office for the Southern District of Florida for their close partnership on this highly sensitive matter. I also want to thank our Washington Field Office and our Counterintelligence Division, as well as the Department of Justice’s National Security Division, and the Department of State’s Diplomatic Security Service for their valuable contributions to this case.”

“The investigation of this crime demonstrates the sustained threat from hostile intelligence services,” said Assistant Director for Domestic Operations Andrew Wroblewski of the U.S. Department of State’s Diplomatic Security Service (DSS). “Today’s guilty plea and sentencing are another example of our commitment to successfully work together with our federal law enforcement partners in the pursuit of those who compromise the security of the United States.”  

In pleading guilty, Rocha admitted that, beginning in 1973, and continuing to the time of his arrest, he secretly supported the Republic of Cuba and its clandestine intelligence-gathering mission against the United States by serving as a covert agent of Cuba’s General Directorate of Intelligence.

By his own admission, to further that role, Rocha obtained employment at the U.S. Department of State, where he worked between 1981 and 2002, in positions that provided him access to nonpublic information, including classified information, and the ability to affect U.S. foreign policy. Aside from serving as the U.S. Ambassador to Bolivia and on the White House National Security Council, Rocha’s career included a stint as Deputy Principal Secretary of the State Department’s U.S. Interests Section in Havana, Cuba from 1995-97. After his State Department employment ended, Rocha engaged in other acts intended to support Cuba’s intelligence services.

Rocha kept his status as a Cuban agent secret to protect himself and others and to allow himself the opportunity to engage in additional clandestine activity. Rocha provided false and misleading information to the United States to maintain his secret mission and traveled outside the United States to meet with Cuban intelligence operatives.

In a series of meetings during 2022 and 2023, with an undercover FBI agent posing as a covert Cuban General Directorate of Intelligence representative, Rocha made repeated statements admitting his “decades” of work for Cuba, spanning “40 years.” When the undercover told Rocha he was “a covert representative here in Miami” whose mission was “to contact you, introduce myself as your new contact, and establish a new communication plan,” Rocha answered “Yes,” and proceeded to engage in lengthy conversations during which he described and celebrated his activity as a Cuban intelligence agent. Throughout the meetings, Rocha behaved as a Cuban agent, consistently referring to the United States as “the enemy,” and using the term “we” to describe himself and Cuba. Rocha additionally praised Fidel Castro as the “Comandante,” and referred to his contacts in Cuban intelligence as his “Compañeros” (comrades) and to the Cuban intelligence services as the “Dirección.”  Rocha described his work as a Cuban agent as “enormous … More than a grand slam,” and asserted that what he did “strengthened the Revolution … immensely.”

The FBI Miami Field Office investigated the case, with valuable contributions by the FBI’s Washington Field Office and the U.S. Department of State’s Diplomatic Security Service (DSS).

Assistant U.S. Attorneys Jonathan D. Stratton and John C. Shipley of the Southern District of Florida, along with Trial Attorneys Heather M. Schmidt and Christine A. Bonomo of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-20464.

###

Victor Manuel Rocha, 73, of Miami, a former U.S. Department of State employee who served on the National Security Council from 1994 to 1995 and as U.S. Ambassador to Bolivia from 2000 to 2002, pleaded guilty today to secretly acting for decades as an agent of the government of the Republic of Cuba. Immediately thereafter, a federal judge sentenced Rocha to the statutory maximum penalty of 15 years in prison.

“Today’s plea and sentencing brings to an end more than four decades of betrayal and deceit by the defendant,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Rocha admitted to acting as an agent of the Cuban government at the same time he held numerous positions of trust in the U.S. government, a staggering betrayal of the American people and an acknowledgement that every oath he took to the United States was a lie."

“Victor Manuel Rocha secretly acted for decades as an agent of a hostile foreign power. He thought the story of his covert mission for Cuba would never be told because he had the intelligence, knowledge, and discipline to never to be detected. Rocha underestimated those same skills in the prosecutors and law enforcement agents who worked tirelessly to bring him to justice for betraying his oath to this country,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “I am mindful that Rocha’s decades-long criminal activity on behalf of the Cuban Government is especially painful for many in South Florida. Rocha’s willingness to cooperate, as required by his plea agreement, is important, but does not change the seriousness of his misconduct or his clandestine breach of the trust placed in him. Rocha’s 15-year prison sentence, the maximum punishment for his crimes of conviction, sends a powerful message to those who are acting or seek to act unlawfully in the United States for a foreign government: we will seek you out anywhere, at any time, and prosecute you to the fullest extent of the law.”

U.S. District Court Judge Beth Bloom accepted Rocha’s guilty plea to counts 1 and 2 of the indictment, which charged him with conspiring to act as an agent of a foreign government and conspiring to defraud the United States and acting as an agent of a foreign government without notice as required by law.

The court then sentenced Rocha to the statutory maximum penalty on his counts of conviction: 15 years in prison, a $500,000 fine, three years of supervised release and a special assessment. The court also imposed significant restrictions on Rocha.

Under the terms of the parties’ plea agreement, Rocha must cooperate with the United States, including assisting with any damage assessment related to his work on behalf of the Republic of Cuba. Rocha must relinquish all future retirement benefits, including pension payments, owed to him by the United States based upon his former State Department employment. Rocha must also assign to the United States any profits that he may be entitled to receive in connection with any publication relating to his criminal conduct or his U.S. Government service.

“Despite swearing an oath to defend the Constitution of the United States, Rocha betrayed the U.S. by secretly working as a Cuban agent for decades,” said Executive Assistant Director Larissa L. Knapp of the FBI’s National Security Branch. “After years of lying and endangering national security and U.S. citizens, he finally accepted responsibility for his actions and received the maximum prison sentence. This should serve as a notice to our adversaries that the FBI will work tirelessly to stop foreign intelligence services and any who work with them against the interests of the United States and prosecute them to the fullest extent of the law.”

“Victor Manuel Rocha was sentenced to 15 years in prison today for deceiving our nation,” said Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office. “He blatantly violated the oath of office he willingly took as an employee of the State Department and disregarded the loyalty to the United States that is inherent with that oath. As this case demonstrates, the counterintelligence threat facing our nation is real, pervasive, and has the potential to cause great harm to our national security. I want to commend the U.S. Attorney’s Office for the Southern District of Florida for their close partnership on this highly sensitive matter. I also want to thank our Washington Field Office and our Counterintelligence Division, as well as the Department of Justice’s National Security Division and the Department of State’s Diplomatic Security Service for their valuable contributions to this case.”

“The investigation of this crime demonstrates the sustained threat from hostile intelligence services,” said Assistant Director for Domestic Operations Andrew Wroblewski of the U.S. Department of State’s Diplomatic Security Service (DSS). “Today’s guilty plea and sentencing are another example of our commitment to successfully work together with our federal law enforcement partners in the pursuit of those who compromise the security of the United States.”

In pleading guilty, Rocha admitted that, beginning in 1973, and continuing to the time of his arrest, he secretly supported the Republic of Cuba and its clandestine intelligence-gathering mission against the United States by serving as a covert agent of Cuba’s General Directorate of Intelligence.

By his own admission, to further that role, Rocha obtained employment at the U.S. Department of State, where he worked between 1981 and 2002, in positions that provided him access to nonpublic information, including classified information, and the ability to affect U.S. foreign policy. Aside from serving as the U.S. Ambassador to Bolivia and on the White House National Security Council, Rocha’s career included a stint as Deputy Principal Secretary of the State Department’s U.S. Interests Section in Havana, Cuba from 1995-97. After his State Department employment ended, Rocha engaged in other acts intended to support Cuba’s intelligence services.

Rocha kept his status as a Cuban agent secret to protect himself and others and to allow himself the opportunity to engage in additional clandestine activity. Rocha provided false and misleading information to the United States to maintain his secret mission and traveled outside the United States to meet with Cuban intelligence operatives.

In a series of meetings during 2022 and 2023, with an undercover FBI agent posing as a covert Cuban General Directorate of Intelligence representative, Rocha made repeated statements admitting his “decades” of work for Cuba, spanning “40 years.” When the undercover told Rocha he was “a covert representative here in Miami” whose mission was “to contact you, introduce myself as your new contact, and establish a new communication plan,” Rocha answered “Yes,” and proceeded to engage in lengthy conversations during which he described and celebrated his activity as a Cuban intelligence agent. Throughout the meetings, Rocha behaved as a Cuban agent, consistently referring to the United States as “the enemy,” and using the term “we” to describe himself and Cuba. Rocha additionally praised Fidel Castro as the “Comandante,” and referred to his contacts in Cuban intelligence as his “Compañeros” (comrades) and to the Cuban intelligence services as the “Dirección.” Rocha described his work as a Cuban agent as “enormous … More than a grand slam,” and asserted that what he did “strengthened the Revolution … immensely.”

The FBI Miami Field Office investigated the case, with valuable contributions by the FBI Washington Field Office and the U.S. Department of State’s Diplomatic Security Service (DSS).

Assistant U.S. Attorneys Jonathan D. Stratton and John C. Shipley for the Southern District of Florida and Trial Attorneys Heather M. Schmidt and Christine A. Bonomo of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

MIAMI – Víctor Manuel Rocha, de 73 años, de Miami, Florida, exempleado del Departamento de Estado de los Estados Unidos que sirvió en el Consejo de Seguridad Nacional de 1994 a 1995 y como embajador de los Estados Unidos en Bolivia de 2000 a 2002, hoy se declaró culpable de actuar en secreto durante décadas como agente del gobierno de la República de Cuba. Inmediatamente después, un juez federal condenó a Rocha a la pena máxima legal de 15 años de prisión por sus delitos penales.

“Víctor Manuel Rocha actuó en secreto durante décadas como agente de una potencia extranjera hostil. Pensó que la historia de su misión encubierta a Cuba nunca sería contada porque tenía la inteligencia, el conocimiento y la disciplina para no ser detectado nunca. Rocha subestimó esas mismas habilidades en los fiscales y agentes del orden público que trabajaron incansablemente para llevarlo ante la justicia por traicionar su juramento a este país”, señaló el fiscal federal Markenzy Lapointe para el Distrito Sur de Florida. “Soy consciente de que la actividad delictiva de décadas de Rocha en nombre del gobierno cubano es especialmente dolorosa para muchos en el sur de Florida. La voluntad de Rocha de cooperar, como lo exige su acuerdo de culpabilidad, es importante, pero no cambia la gravedad de su mala conducta o su abuso clandestino de la confianza depositada en él. La sentencia de 15 años de prisión de Rocha, el castigo máximo por sus delitos penales, envía un poderoso mensaje a quienes actúan o quieren actuar ilegalmente en los Estados Unidos para un gobierno extranjero: los buscaremos en cualquier lugar, en cualquier momento y los procesaremos con todo el peso de la ley”.

“La declaración de culpabilidad y la sentencia de hoy ponen fin a más de cuatro décadas de traición y engaño por parte del acusado”, expresó el fiscal general adjunto Matthew G. Olsen de la División de Seguridad Nacional del Departamento de Justicia. “Rocha admitió haber actuado como agente del gobierno cubano al mismo tiempo que ocupaba numerosos cargos de confianza en el gobierno de los Estados Unidos, una asombrosa traición al pueblo estadounidense y un reconocimiento de que cada juramento que hizo a los Estados Unidos fue una mentira”.

La jueza del Tribunal Federal de Distrito, Beth Bloom, aceptó la declaración de culpabilidad de Rocha por los cargos 1 y 2 de la acusación formal, que le atribuyen conspiración para actuar como agente de un gobierno extranjero y conspiración para defraudar a los Estados Unidos y actuar como agente de un gobierno extranjero sin notificación según lo exige la ley.

A continuación, la jueza condenó a Rocha a la pena máxima legal por los cargos penales: 15 años de prisión, multa de $500,000 dólares estadounidenses, tres años de libertad supervisada y una cuota especial. La jueza también impuso importantes restricciones a Rocha.

Según los términos del acuerdo de culpabilidad de las partes, Rocha tiene que cooperar con los Estados Unidos, incluido el asistir con cualquier evaluación de daños relacionados con su trabajo en nombre de la República de Cuba. Rocha debe renunciar a todos los beneficios de jubilación futuros, incluidos los pagos de pensiones, que los Estados Unidos le debe por su antiguo empleo en el Departamento de Estado. Rocha también debe ceder a los Estados Unidos cualquier ganancia que tenga derecho a recibir en relación con cualquier publicación relacionada con su conducta delictiva o su servicio al gobierno de los Estados Unidos.

“A pesar de haber hecho un juramento de defender la Constitución de los Estados Unidos, Rocha traicionó a los Estados Unidos al trabajar en secreto como agente cubano durante décadas”, apunta la subdirectora ejecutiva Larissa L. Knapp de la División de Seguridad Nacional del FBI. “Después de años de mentir y poner en peligro la seguridad nacional y a los ciudadanos estadounidenses, finalmente aceptó la responsabilidad de sus acciones y recibió la pena máxima de prisión. Esto debería servir como aviso a nuestros adversarios de que el FBI trabajará incansablemente para detener a los servicios de inteligencia extranjeros y a cualquiera que trabaje con ellos en contra de los intereses de los Estados Unidos y procesarlos con todo el peso de la ley”.

“Víctor Manuel Rocha fue sentenciado hoy a 15 años de prisión por engañar a nuestra nación”, señaló el agente especial a cargo Jeffrey B. Veltri de la Oficina de Campo del FBI en Miami. “Incumplió descaradamente el juramento que tomó voluntariamente como empleado del Departamento de Estado e ignoró la lealtad a los Estados Unidos que es inherente a ese juramento. Como lo demuestra este caso, la amenaza de contrainteligencia que enfrenta nuestra nación es real, generalizada y tiene el potencial de causar un gran daño a nuestra seguridad nacional. Quiero felicitar a la Fiscalía Federal para el Distrito Sur de Florida por su estrecha colaboración en este asunto tan delicado. También quiero agradecer a nuestra Oficina de Campo en Washington y a nuestra División de Contrainteligencia, así como a la División de Seguridad Nacional del Departamento de Justicia y al Servicio de Seguridad Diplomática del Departamento de Estado por sus valiosas contribuciones a este caso”.

“La investigación de este delito demuestra la amenaza sostenida de los servicios de inteligencia hostiles”, expresó el subdirector de Operaciones Nacionales, Andrew Wroblewski, del Servicio de Seguridad Diplomática (DSS) del Departamento de Estado de los Estados Unidos. “La declaración de culpabilidad y la sentencia de hoy son otro ejemplo de nuestro compromiso de trabajar satisfactoriamente junto con nuestros colaboradores federales del orden público en la persecución de aquellos que comprometen la seguridad de los Estados Unidos”.

Al declararse culpable, Rocha admitió que, desde 1973 y hasta el momento de su arresto, apoyó secretamente a la República de Cuba y su misión clandestina de recopilación de inteligencia contra los Estados Unidos sirviendo como agente encubierto de la Dirección General de Inteligencia de Cuba.

Según admitió él mismo, para promover ese papel, Rocha obtuvo empleo en el Departamento de Estado de los Estados Unidos, donde trabajó entre 1981 y 2002, en puestos que le brindaron acceso a información no pública, incluida información clasificada, y la capacidad de afectar la política exterior de los Estados Unidos. Además de servir como embajador de los Estados Unidos en Bolivia y en el Consejo de Seguridad Nacional de la Casa Blanca, la carrera de Rocha incluyó un período como vicesecretario principal de la Sección de Intereses de los Estados Unidos del Departamento de Estado en La Habana, Cuba, de 1995 a 1997. Después de que terminó su empleo en el Departamento de Estado, Rocha participó en otros actos destinados a apoyar a los servicios de inteligencia de Cuba.

Rocha mantuvo en secreto su condición de agente cubano para protegerse a sí mismo y a los demás, y para permitirse la oportunidad de participar en actividades clandestinas adicionales. Rocha proporcionó información falsa y engañosa a los Estados Unidos para mantener su misión secreta y viajó fuera de los Estados Unidos para reunirse con agentes de inteligencia cubanos.

En una serie de reuniones durante 2022 y 2023, con un agente encubierto del FBI haciéndose pasar por un representante encubierto de la Dirección General de Inteligencia cubana, Rocha hizo repetidas declaraciones admitiendo sus “décadas” de trabajo para Cuba, que abarcan “40 años”. Cuando el agente encubierto le dijo a Rocha que era “un representante encubierto aquí en Miami” cuya misión era “contactarle, presentarme como su nuevo contacto y establecer un nuevo plan de comunicación”, Rocha respondió: “Sí” y procedió a entablar largas conversaciones durante las cuales describió y celebró su actividad como agente de la inteligencia cubana. A lo largo de las reuniones, Rocha se comportó como un agente cubano, refiriéndose constantemente a los Estados Unidos como “el enemigo” y utilizando el término “nosotros” para describirse a sí mismo y a Cuba. Rocha también elogió a Fidel Castro como el “Comandante” y se refirió a sus contactos en la inteligencia cubana como sus “compañeros” y a los servicios de inteligencia cubanos como la “Dirección”.  Rocha calificó su labor como agente cubano como “enorme… Más que un grand slam”, y aseveró que lo que hizo “fortaleció a la Revolución… inmensamente”.

La Oficina de Campo del FBI en Miami investigó el caso, con valiosas contribuciones de la Oficina de Campo del FBI en Washington y el Servicio de Seguridad Diplomática (DSS) del Departamento de Estado de los Estados Unidos.

Los fiscales federales adjuntos Jonathan D. Stratton y John C. Shipley del Distrito Sur de Florida, junto con las abogadas litigantes Heather M. Schmidt y Christine A. Bonomo de la Sección de Contrainteligencia y Control de Exportaciones de la División de Seguridad Nacional procesaron el caso.

Toda persona que tenga información puede llamar al 1-800-CALL-FBI (800-225-5324) o visitar tips.fbi.gov.

Todos los documentos e información relacionada se pueden encontrar en el sitio web del Tribunal de Distrito, Distrito Sur de Florida en www.flsd.uscourts.gov o en http://pacer.flsd.uscourts.gov, bajo el número de caso 23-cr-20464.

###

Víctor Manuel Rocha, de 73 años, de Miami, Florida, exempleado del Departamento de Estado de los Estados Unidos que sirvió en el Consejo de Seguridad Nacional de 1994 a 1995 y como embajador de los Estados Unidos en Bolivia de 2000 a 2002, hoy se declaró culpable de actuar en secreto durante décadas como agente del gobierno de la República de Cuba. Inmediatamente después, un juez federal condenó a Rocha a la pena máxima legal de 15 años de prisión por sus delitos penales.

“La declaración de culpabilidad y la sentencia de hoy ponen fin a más de cuatro décadas de traición y engaño por parte del acusado”, expresó el fiscal general adjunto Matthew G. Olsen de la División de Seguridad Nacional del Departamento de Justicia. “Rocha admitió haber actuado como agente del gobierno cubano al mismo tiempo que ocupaba numerosos cargos de confianza en el gobierno de los Estados Unidos, una asombrosa traición al pueblo estadounidense y un reconocimiento de que cada juramento que hizo a los Estados Unidos fue una mentira”.

“Víctor Manuel Rocha actuó en secreto durante décadas como agente de una potencia extranjera hostil. Pensó que la historia de su misión encubierta a Cuba nunca sería contada porque tenía la inteligencia, el conocimiento y la disciplina para no ser detectado nunca. Rocha subestimó esas mismas habilidades en los fiscales y agentes del orden público que trabajaron incansablemente para llevarlo ante la justicia por traicionar su juramento a este país”, señaló el fiscal federal Markenzy Lapointe para el Distrito Sur de Florida. “Soy consciente de que la actividad delictiva de décadas de Rocha en nombre del gobierno cubano es especialmente dolorosa para muchos en el sur de Florida. La voluntad de Rocha de cooperar, como lo exige su acuerdo de culpabilidad, es importante, pero no cambia la gravedad de su mala conducta o su abuso clandestino de la confianza depositada en él. La sentencia de 15 años de prisión de Rocha, el castigo máximo por sus delitos penales, envía un poderoso mensaje a quienes actúan o quieren actuar ilegalmente en los Estados Unidos para un gobierno extranjero: los buscaremos en cualquier lugar, en cualquier momento y los procesaremos con todo el peso de la ley”.

La jueza del Tribunal Federal de Distrito, Beth Bloom, aceptó la declaración de culpabilidad de Rocha por los cargos 1 y 2 de la acusación formal, que le atribuyen conspiración para actuar como agente de un gobierno extranjero y conspiración para defraudar a los Estados Unidos y actuar como agente de un gobierno extranjero sin notificación según lo exige la ley.

A continuación, la jueza condenó a Rocha a la pena máxima legal por los cargos penales: 15 años de prisión, multa de $500,000 dólares estadounidenses, tres años de libertad supervisada y una cuota especial. La jueza también impuso importantes restricciones a Rocha.

Según los términos del acuerdo de culpabilidad de las partes, Rocha tiene que cooperar con los Estados Unidos, incluido el asistir con cualquier evaluación de daños relacionados con su trabajo en nombre de la República de Cuba. Rocha debe renunciar a todos los beneficios de jubilación futuros, incluidos los pagos de pensiones, que los Estados Unidos le debe por su antiguo empleo en el Departamento de Estado. Rocha también debe ceder a los Estados Unidos cualquier ganancia que tenga derecho a recibir en relación con cualquier publicación relacionada con su conducta delictiva o su servicio al gobierno de los Estados Unidos.

“A pesar de haber hecho un juramento de defender la Constitución de los Estados Unidos, Rocha traicionó a los Estados Unidos al trabajar en secreto como agente cubano durante décadas”, apunta la subdirectora ejecutiva Larissa L. Knapp de la División de Seguridad Nacional del FBI. “Después de años de mentir y poner en peligro la seguridad nacional y a los ciudadanos estadounidenses, finalmente aceptó la responsabilidad de sus acciones y recibió la pena máxima de prisión. Esto debería servir como aviso a nuestros adversarios de que el FBI trabajará incansablemente para detener a los servicios de inteligencia extranjeros y a cualquiera que trabaje con ellos en contra de los intereses de los Estados Unidos y procesarlos con todo el peso de la ley”.

“Víctor Manuel Rocha fue sentenciado hoy a 15 años de prisión por engañar a nuestra nación”, señaló el agente especial a cargo Jeffrey B. Veltri de la Oficina de Campo del FBI en Miami. “Incumplió descaradamente el juramento que tomó voluntariamente como empleado del Departamento de Estado e ignoró la lealtad a los Estados Unidos que es inherente a ese juramento. Como lo demuestra este caso, la amenaza de contrainteligencia que enfrenta nuestra nación es real, generalizada y tiene el potencial de causar un gran daño a nuestra seguridad nacional. Quiero felicitar a la Fiscalía Federal para el Distrito Sur de Florida por su estrecha colaboración en este asunto tan delicado. También quiero agradecer a nuestra Oficina de Campo en Washington y a nuestra División de Contrainteligencia, así como a la División de Seguridad Nacional del Departamento de Justicia y al Servicio de Seguridad Diplomática del Departamento de Estado por sus valiosas contribuciones a este caso”.

“La investigación de este delito demuestra la amenaza sostenida de los servicios de inteligencia hostiles”, expresó el subdirector de Operaciones Nacionales, Andrew Wroblewski, del Servicio de Seguridad Diplomática (DSS) del Departamento de Estado de los Estados Unidos. “La declaración de culpabilidad y la sentencia de hoy son otro ejemplo de nuestro compromiso de trabajar satisfactoriamente junto con nuestros colaboradores federales del orden público en la persecución de aquellos que comprometen la seguridad de los Estados Unidos”.

Al declararse culpable, Rocha admitió que, desde 1973 y hasta el momento de su arresto, apoyó secretamente a la República de Cuba y su misión clandestina de recopilación de inteligencia contra los Estados Unidos sirviendo como agente encubierto de la Dirección General de Inteligencia de Cuba.

Según admitió él mismo, para promover ese papel, Rocha obtuvo empleo en el Departamento de Estado de los Estados Unidos, donde trabajó entre 1981 y 2002, en puestos que le brindaron acceso a información no pública, incluida información clasificada, y la capacidad de afectar la política exterior de los Estados Unidos. Además de servir como embajador de los Estados Unidos en Bolivia y en el Consejo de Seguridad Nacional de la Casa Blanca, la carrera de Rocha incluyó un período como vicesecretario principal de la Sección de Intereses de los Estados Unidos del Departamento de Estado en La Habana, Cuba, de 1995 a 1997. Después de que terminó su empleo en el Departamento de Estado, Rocha participó en otros actos destinados a apoyar a los servicios de inteligencia de Cuba.

Rocha mantuvo en secreto su condición de agente cubano para protegerse a sí mismo y a los demás, y para permitirse la oportunidad de participar en actividades clandestinas adicionales. Rocha proporcionó información falsa y engañosa a los Estados Unidos para mantener su misión secreta y viajó fuera de los Estados Unidos para reunirse con agentes de inteligencia cubanos.

En una serie de reuniones durante 2022 y 2023, con un agente encubierto del FBI haciéndose pasar por un representante encubierto de la Dirección General de Inteligencia cubana, Rocha hizo repetidas declaraciones admitiendo sus “décadas” de trabajo para Cuba, que abarcan “40 años”. Cuando el agente encubierto le dijo a Rocha que era “un representante encubierto aquí en Miami” cuya misión era “contactarle, presentarme como su nuevo contacto y establecer un nuevo plan de comunicación”, Rocha respondió: “Sí” y procedió a entablar largas conversaciones durante las cuales describió y celebró su actividad como agente de la inteligencia cubana. A lo largo de las reuniones, Rocha se comportó como un agente cubano, refiriéndose constantemente a los Estados Unidos como “el enemigo” y utilizando el término “nosotros” para describirse a sí mismo y a Cuba. Rocha también elogió a Fidel Castro como el “Comandante” y se refirió a sus contactos en la inteligencia cubana como sus “compañeros” y a los servicios de inteligencia cubanos como la “Dirección”.  Rocha calificó su labor como agente cubano como “enorme… Más que un grand slam”, y aseveró que lo que hizo “fortaleció a la Revolución… inmensamente”.

La Oficina de Campo del FBI en Miami investigó el caso, con valiosas contribuciones de la Oficina de Campo del FBI en Washington y el Servicio de Seguridad Diplomática (DSS) del Departamento de Estado de los Estados Unidos.

Los fiscales federales adjuntos Jonathan D. Stratton y John C. Shipley del Distrito Sur de Florida, junto con las abogadas litigantes Heather M. Schmidt y Christine A. Bonomo de la Sección de Contrainteligencia y Control de Exportaciones de la División de Seguridad Nacional procesaron el caso.

Toda persona que tenga información puede llamar al 1-800-CALL-FBI (800-225-5324) o visitar tips.fbi.gov.

MIAMI – On April 10, a substance abuse facility owner was sentenced to four years in federal prison, followed by three years of supervised release, and ordered to pay $4,444,417.65 in restitution, for defrauding the Federal Employees Health Benefits Program (FEHBP) of over $4 million. The sentence comes after the defendant entered a guilty plea in February.

Joseph Toro, 39, of Jupiter, Florida, owned and operated Reawakenings Wellness Center (RWC), a substance abuse facility that treated patients, including FEHBP beneficiaries, from 2013 until January 2018, when RWC was evicted from their location in Miramar, Florida. After the RWC eviction, Toro continued to submit FEHBP insurance claims, using personal identifying information of former RWC patients, for substance abuse treatment that was never provided. To do so, he called the FEHBP hotline, impersonated former patients, and changed their mailing addresses to addresses that he controlled so he could obtain the fraudulent insurance reimbursement checks. For over a year, Toro submitted fraudulent claims on behalf of 29 former RWC patients for over $6.7 million in substance abuse treatment that he knew RWC never provided. As a result of Toro’s fraudulent claims, he obtained nearly $4.2 million in proceeds from the FEHBP. Toro also applied for and obtained a $150,000 Economic Injury Disaster Loan (EIDL) from the U.S. Small Business Administration (SBA) during the COVID-19 pandemic. That application misrepresented that RWC had five employees and grossed over $1.4 million in 2019, when in truth RWC had shut down years prior.

With the fraudulently obtained proceeds, Toro purchased a waterfront mansion in Jupiter, a Lamborghini Aventador, a Mercedes G Wagon, two Cadillac Escalades, an Audemars Piguet watch, and various other properties and luxury goods.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Derek M. Holt of the U.S. Office of Personnel Management Office of the Inspector General (OPM OIG), announced the sentence imposed by U.S. District Judge Rodney Smith.

OPM OIG investigated the case. Assistant U.S. Attorney Joseph Egozi prosecuted it. Assistant U.S. Attorney Joshua Paster handled asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-60237.

###

MIAMI – On April 2, a man was sentenced to 220 months in federal prison, followed by five years of supervised release, for possession of fentanyl with intent to distribute, possession of a firearm by a convicted felon and possession of a firearm in furtherance on his drug trafficking crime.

On Sept. 15, 2022, law enforcement officers executed a search warrant on the residence of Sidney Arnel Flerme, 31, of Boynton Beach, Florida. Prior to executing the search warrant, law enforcement officers saw Flerme leave his residence. Upon noticing the law enforcement officers, Flerme threw a plastic bag onto the ground. Law enforcement officers arrested Flerme shortly after. Law enforcement officers recovered the bag and found inside approximately 26 capsules of fentanyl. Inside Flerme’s residence, law enforcement officers discovered close to 300 grams of fentanyl, multiple zip lock bags containing fentanyl, digital scales, empty capsules, a blender with fentanyl residue and a four-ton pill press. Law enforcement officers also located a loaded semi-automatic pistol on top of the kitchen counter next to the fentanyl and the rest of the stuff.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Christopher A. Robinson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, and Chief Joseph DeGiulio of the Boynton Beach Police Department (BBPD) made the announcement.

ATF Miami Field Office and BBPD investigated the case. Assistant U.S. Attorney Brian Ralston prosecuted it. Assistant U.S. Attorneys Emily Stone and Mitchell Hyman handled asset forfeiture.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-80001.

###

MIAMI - Today, Kenneth Pinkney, 47, of Fort Lauderdale, Florida, pled guilty for his assault on a federal employee in violation of 18 U.S.C. § 111(a) and (b) which included a hate crime enhancement. The victim was employed as a United States Postal Service (USPS) worker at the time of her assault.  The victim was a Muslim woman who wore a hijab, including when she delivered the mail from her postal truck. 

According to the Court record, to include a factual proffer in support of the plea, on or about Oct. 9, 2023, just two days after Hamas’ attack on Israel, the victim was wearing her hijab while delivering mail.  She was visible to the public as she drove the postal vehicle along her route.  On this day, the victim saw Pinkney looking at her in what she interpreted as an aggressive manner as she drove by him in her USPS vehicle.

Two weeks later, on Oct. 24, 2023, the victim was on her postal route, stopped the USPS truck, and got out of the vehicle with mail to deliver.  Pinkney approached on a bicycle and began to pass the victim.  While still cycling, Pinkney made a hand gesture towards the victim in the shape of a firearm using two fingers to represent the barrel of a gun. Pinkney then turned his bicycle around and made the firearm gesture toward the victim more assertively.  Pinkney rode his bicycle directly towards the victim, then got off the bicycle and walked toward the victim.  Pinkney called the victim a “b----” and said, “If I had a gun,” and “go back to your country.”  All this time, Pinkney continued to make the same menacing hand gesture, simulating a firearm.  At a point, the victim turned and faced the USPS truck and heard Pinkney say, “go back to your country” multiple times while tapping the victim on the back of her head with two fingers.

The victim entered the USPS truck and sat in the driver’s seat.  Pinkney continued to call the victim a “b----” and say “go back to your country.”  Pinkney also spit on the image of the eagle of the side of the USPS truck, and then spit on the victim.  The victim was nervous and scared.  Pinkney reached into the truck and pulled at the victim’s ankle and leg in an unsuccessful attempt to yank her from the USPS truck.  Pinkney then entered the truck and grabbed at the victim’s neck with one hand and placed his other hand on her hijab. While in the vehicle, Pinkney tried to remove the hijab off the victim by pulling it down her face.  She physically resisted.  Unable to remove the hijab in this fashion, Pinkney then lifted the hijab up past the victim’s face toward the back of her head.  Pinkney succeeded in removing the hijab and revealing the victim’s hair.  Pinkney and the victim struggled over the hijab inside the vehicle. Pinkney eventually released the victim’s hijab, but then started pulling at her USPS apron.   The victim put her hijab back on her head.  The victim felt trapped, so she exited the vehicle.  Pinkney followed suit.

Once the victim and Pinkney were out of the vehicle, Pinkney said, “F-- Islam” and “You are a terrorist.”  Pinkney and the victim continued to struggle, during which time the victim grabbed onto the collar of Pinkney’s shirt.  Pinkney’s shirt ripped as they separated. Pinkney fled the scene and was later arrested.

The victim sustained scratches on her face as a result of the assault. 

Pinkney pled guilty before U.S. Magistrate Judge Jared M. Strauss.  A sentencing hearing has not yet been scheduled before U.S. District Judge Roy K. Altman.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, Chief of Police William Schultz of the Fort Lauderdale Police Department (FLPD), and Inspector in Charge Juan A. Vargas of the U.S. Postal Inspection Service (USPIS), Miami Division made the announcement.

FBI Miami, FLPD and USPIS investigated the case. Assistant U.S. Attorney Michael Gilfarb is prosecuting the case. 

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-cr-60014.

###

MIAMI – On April 4, two business owners were charged in a criminal complaint with conspiracy to commit money laundering and operating a money transmitting business without a license.

As set forth in the criminal complaint, Maryna Petushkova (Maryna), 39, and Oleksii Petushkov (Oleksii) 40, both of Fort Lauderdale, Florida, owned Trident Trade Corp. (Trident) in North Miami, Florida. As alleged in the criminal complaint, Trident was a front for an illegal money transmitting business that exchanged illegally obtained gift cards for cash and some of the cash was allegedly obtained from purported drug proceeds.

From November 2023 through January 2024, Maryna and Oleksii allegedly laundered $250,000 they believed were drug proceeds. The allegations in the criminal complaint state that from July 2023 through Jan. 8, 2024, Maryna and Oleksii, or an associate, redeemed gift cards believed to be stolen or otherwise fraudulently obtained. The complaint further alleges, from 2021 through 2023 companies operated and controlled by Maryna and Oleksii allegedly redeemed a total of approximately $5,000,000 in gift cards and money orders and failed to obtain the required federal or state license to operate as a money transmitting business.

Maryna and Oleksii made their initial appearance in Fort Lauderdale on April 4. A detention hearing is scheduled for April 9 in Fort Lauderdale. Maryna and Oleksii face up to 20 years in federal prison and a fine of $500,000 or twice the value of the property involved in the transaction related to the conspiracy to commit money laundering charge and face up to five years in federal prison and a fine of $250,000 for the operating a money transmitting business without a license charge.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri, of the FBI, Miami Field Office, made the announcement.

FBI Miami investigated the case. Assistant U.S. Attorneys Paul Schwartz and Jeffrey N. Kaplan are prosecuting it.

A criminal complaint contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-mj-06146.

###

MIAMI – On April 1, a man was sentenced to 324 months in federal prison, followed by supervised release for life, for producing child pornography of an infant child after pleading guilty in November 2023.

In 2023, while the United Kingdom authorities were examining offenders’ electronic devices, discovered a video showing Codey Allen Bates, 30, of Vero Beach, Florida, and an infant child. Law enforcement officers were able to identify Bates from the video. In the video, Bates, then living in Palm Beach County, while live streaming with an unknown person on a social networking application, produced child pornography of the child. The unknown person communicating with Bates recorded the production which was later located by law enforcement.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami and Sheriff Eric Flowers of the Indian River County Sheriff’s Office (IRCSO) announced the sentence imposed by U.S. District Judge Robin L. Rosenberg.

HSI West Palm Beach, HSI Fort Pierce and IRCSO investigated the case. Assistant U.S. Attorney Gregory Schiller prosecuted it. 

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

To report online child sexual exploitation, use the electronic Cyber Tip Line or call 1-800-843-5678. The Cyber Tip Line is operated by the National Center for Missing and Exploited Children in partnership with the HSI and other law enforcement agencies.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-80123.

###

MIAMI – On April 2, three defendants were sentenced to federal prison after having previously been found guilty of wire fraud and conspiracy to commit wire fraud charges following a three-week jury trial in Fort Lauderdale in relation to a fraudulent nursing diploma scheme. 

U.S. District Judge Raag Singhal sentenced Gail Russ, registrar of the Palm Beach School of Nursing in Lake Worth, Florida, to 78 months in prison, followed by three years of supervised release and ordered forfeiture of $861,672.

Judge Singhal sentenced Cassandre Jean, owner and operator of Success Nursing Review in Brooklyn, New York, to 36 months in prison, followed by three years of supervised release, a $20,000 fine and ordered forfeiture of $4,698,828.

The court ordered Russ and Jean to be remanded to the custody of the U.S. Bureau of Prisons (BOP) to begin serving their sentences.

Judge Singhal sentenced Vilaire Duroseau, owner and operator of the Center for Advance Training and Studies in West Orange, New Jersey, to 33 months in prison, followed by three years of supervised release and ordered forfeiture of $1,381,913.40.

The court ordered Duroseau to surrender in Newark, New Jersey on April 5. 

These defendants were charged along with 11 co-defendants for their involvement in a scheme to sell fraudulent nursing degree diplomas and transcripts obtained from two private nursing schools that at one time were approved by the State of Florida to issue diplomas and transcripts to individuals seeking licenses and jobs as registered nurses (RNs) and licensed practical/vocational nurses (LPN/VNs).

The bogus diplomas and transcripts qualified purchasers to sit for the national nursing board exam and, after passing it, to obtain licenses and jobs in various states as RNs and LPN/VNs. The overall scheme involved the distribution of more than 7,600 fake nursing diplomas by Palm Beach School of Nursing and Quisqueya School of Nursing LLC in Palm Beach County, Florida. These schools are now closed due to the excessive failure rates of its students taking the state nursing board exam.

Those nursing applicants who passed the national nursing board exam used the fraudulent diplomas to obtain RN or LPN/VN licenses and nursing jobs with unwitting health care providers throughout the United States.

An additional 11 defendants entered pleas of guilty to conspiracy to commit wire fraud in Case No. 23-60007-Cr-Singhal. In total, 27 defendants were charged and convicted in 2023 for their participation in this nursing diploma fraud scheme, known as Operation Nightingale, that created an illegal licensing and employment shortcut for aspiring nurses. 

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, and Special Agent in Charge Stephen Mahmood of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Miami Region announced the sentences.

FBI Miami and HHS-OIG Miami investigated these cases. Homeland Security Investigations (HSI), Miami; U.S. Department of Veterans Affairs-Office of Inspector General; and Florida Attorney General-Florida Medicaid Fraud Control Unit, Mid-Atlantic Field Office provided valuable assistance. Senior Litigation Counsel Christopher J. Clark and Assistant U.S. Attorney Jon M. Juenger prosecuted these cases. Assistant U.S. Attorney Nicole Grosnoff handled asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-60007.

###

MIAMI – On April 2, a Lake Placid man was sentenced to 240 months in federal prison, followed by a lifetime of supervised release after previously pleading guilty to production of visual depictions involving sexual exploitation of minors.

Frederick Anderson Bowen, 77, of Lake Placid, Florida, recorded himself performing oral sex on a child. Highlands County Sheriff’s Office (HCSO) deputies located the video saved on Bowen’s cellphone.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, and Sheriff Paul Blackman of HCSO announced the sentenced imposed by U.S. District Judge Roy K. Altman. 

FBI Miami, Fort Pierce Resident Agency and HCSO investigated the case. Assistant U.S. Attorney Christopher Hudock prosecuted it.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better 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.

To report an incident involving the possession, distribution, receipt, or production of child pornography, you can file a report on the National Center for Missing & Exploited Children (NCMEC)’s website at www.cybertipline.com, call 1-800-843-5678, or contact the FBI directly at 1-800-CALL-FBI (1-800-225-5324). 

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-14028.

###

MIAMI – A Miami-based digital currency exchanger was sentenced to 57 months in federal prison for operating an unlicensed money transmitting business that converted cryptocurrency drug proceeds into cash.

Raul Rodriguez, aka raultiovigia, 44, of Miami, Florida, was in the business of converting cash into bitcoin and other digital currency, and vice versa, in exchange for a fee. Rodriguez provided these services to the public through an online digital currency exchange platform known as “LocalBitcoins.com.”

Rodriguez exchanged at least $5,047,462 in digital currency from 2016 through 2022; during the first two years of that period, he was the highest-volume trader of digital currency on the LocalBitcoins.com platform in the State of Florida.

In addition to the 57-month prison term, Rodriguez will be on supervised release for three years, and was ordered to pay a forfeiture money judgment in the amount of $5,047,462.

In March 2013, the United States Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) publicly announced that an administrator or exchanger of a virtual currency, such as Bitcoin, was required to register with the Secretary of the Treasury as a money transmitting business.

Despite these requirements, Rodriguez operated an unregistered and unlicensed money transmitting business for over five years. Rodriguez’s clients included a convicted drug trafficker and a professional money launderer.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Matthew D. Line of the IRS, Criminal Investigation (IRS-CI), Miami Field Office, announced the sentence.

IRS-CI Miami investigated the case with assistance from the FBI, Miami Field Office, and the Drug Enforcement Administration (DEA), Miami Field Division. Assistant U.S. Attorney Christopher Browne prosecuted the case. Assistant U.S. Attorney Emily Stone handled asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-20474.

###

MIAMI – On March 28, Stuart Leibov, 22, was sentenced to federal prison for his actions relating to the sexual abuse of a minor and child sexual abuse material (CSAM).

Leibov was sentenced to 235 months imprisonment, to be followed by supervised release for life by U.S. District Judge Rodney Smith. Leibov previously pleaded guilty to possession of child pornography and enticement of a minor to engage in illicit sexual activity.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of FBI, Miami Field Office, made the announcement.

The FBI Miami, West Palm Beach Resident Agency investigated the case. Assistant U.S. Attorney M. Catherine Koontz prosecuted the case. 

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-80185.

###

MIAMI – A Miami federal district judge sentenced a longtime fugitive and Cuban national, Ariel Nuñez-Finalet, to 36 months in prison followed by three years of supervised release for his role in a massive 18-defendant conspiracy to commit health care fraud and wire fraud through various south Florida pharmacies. The judge also ordered Nuñez-Finalet to pay $1,910,222 in restitution.

From January 2011 to September 2014, Nuñez-Finalet was involved with a network of pharmacies that submitted more than 16 million dollars in successful, fraudulent claims to Medicare for medications that were medically unnecessary and not provided to patients.  Nuñez-Finalet conspired with two leaders of the conspiracy who are still fugitives, Pedro Torres and Antonio Hevia, and others to defraud Medicare.  Nuñez-Finalet served as the legal owner and registered agent of a fraudulent pharmacy, Lily & Rosy Pharmacy Discount Corp, and furthered the fraud at multiple other pharmacies.  Nuñez-Finalet cashed checks and withdrew cash—typically just below the legal reporting limit of $10,000—to provide patient recruiters with funds they needed for illegal kickbacks.  Those kickbacks were used to obtain Medicare beneficiary information necessary for co-conspirators to submit fraudulent claims.  For just two of the fraudulent pharmacies at which Nuñez-Finalet committed fraud, he caused Medicare to pay over $1.9 million in fraudulent claims for prescription drugs, of which the Government traced over $500,000 to Nuñez-Finalet personally.

When Nuñez-Finalet and his co-conspirators were indicted in April 2016, Nuñez-Finalet had already fled to Cuba, where he lived for years until moving to Mexico in 2022.  On March 21, 2023, Nuñez-Finalet flew to Spain, where he was arrested upon arrival pursuant to an Interpol Red Notice.  The United States Attorney’s Office for the Southern District of Florida worked closely with the United States Department of Justice’s (DOJ) Office of International Affairs to submit a formal request for Nuñez-Finalet’s extradition to the United States, which was granted by the Government of Spain.  On November 21, 2023, Nuñez-Finalet was surrendered to United States authorities and returned to Miami to face charges for the health care fraud conspiracy, after which he pleaded guilty to conspiracy to commit health care fraud and wire fraud.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Jeffrey B. Veltri of the Federal Bureau of Investigation (FBI), Miami Field Office; and Special Agent in Charge Stephen Mahmood of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Miami Region, made the announcement. 

FBI Miami and HHS-OIG Miami investigated the case.  The FBI Legal Attaché office in Madrid, Spain and the DOJ’s Office of International Affairs provided substantial assistance in securing the extradition of Nuñez-Finalet.  Assistant U.S. Attorney Joseph Egozi and DOJ Senior Litigation Counsel Jim Hayes of the Fraud Section prosecuted the case.  Assistant U.S. Attorney Mitchell Hyman handled asset forfeiture. 

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 16-cr-20267.

###

MIAMI – On March 27, a former police officer with the City of Miami Police Department (MPD) pleaded guilty to attempted Hobbs Act extortion under color of official right and attempted possession with intent to distribute cocaine. The charges arose from the use of his police position and authority, and MPD-issued vehicle and equipment to conduct two illegal traffic stops to steal what he believed were drug proceeds and seven kilograms of cocaine from the drivers.

Frenel Cenat, 41, who at the time of the crimes had been a police officer with the MPD since 2008, was using an MPD unmarked Black Ford Explorer as a “take home” vehicle. As an MPD police officer, Cenat was prohibited from engaging in any act of extortion or unlawful means of obtaining anything of value using his official position. In addition, Cenat was required to uphold the laws of the State of Florida and the United States, and he was not permitted to allow, facilitate, or assist individuals in breaking those laws, nor was he authorized to accept payments or things of value in exchange for allowing, facilitating, or assisting them in breaking state or federal laws.

A confidential human source (CHS) stated to law enforcement that they had been told by a mutual friend that Cenat had previously conducted traffic stops of individuals known to have engaged in drug transactions for the purpose of stealing the drugs and/or money those individuals were transporting. On Oct. 16, 2023, the friend introduced Cenat to the CHS at a meeting in Broward County, during which the three of them discussed an opportunity for Cenat to use his police officer position to stop an individual immediately following a drug transaction and steal approximately $50,000 in drug proceeds that the individual would have in their vehicle. Cenat indicated that he conducts the traffic stops outside of his jurisdiction and while off duty.

On Nov. 1, 2023, the friend, the CHS and Cenat planned for a traffic stop rip-off for Nov. 3, 2023. They discussed that the driver to be stopped would have approximately $50,000 in cash from the purported drug transaction, and Cenat requested the time and location of the deal, as well as detailed information about the driver.Cenat stated he would use this information when he conducted the traffic stop to scare the individual into believing they were being investigated and watched for some time so that the driver would be more likely to comply with his request for the money. 

On Nov. 2 and 3, 2023, Cenat and the CHS engaged in numerous communications leading up to the traffic stop. On November 3, at a hotel parking lot in Miami Gardens, Florida, Cenat initiated these communications directly with the CHS. Cenat, in his MPD-issued unmarked vehicle, observed two drivers engage in a staged drug transaction in a parking lot. These drivers were actually FBI undercover employees. One of the drivers was given a backpack containing $52,000 in cash. Cenat followed that driver out of the parking lot and turned on his lights and sirens to conduct a traffic stop. During this stop, Cenat was dressed in black tactical gear, and had his MPD-issued firearm and taser visible in their holsters. Cenat introduced himself as “Officer Martez” and told one of the drivers that he had witnessed the drug transaction. Cenat gave the driver the choice of giving up the backpack containing the cash or going to jail. The driver gave Cenat the backpack containing the cash. 

On Nov. 7, 2023, Cenat called the CHS and asked if he knew of a deal where Cenat could do another stop and get something like seven or ten kilograms of cocaine. Following up on the Cenat’s request, on Nov. 12, 2023, the CHS called Cenat about an upcoming deal in Deerfield Beach, Florida, on Nov. 16, 2023. The CHS told Cenat that the driver he would be stopping would have approximately six or seven kilograms of cocaine and at least $30,000 USD from a purported drug transaction. 

On Nov. 16, 2023, Cenat called the CHS to tell him that he was at the parking lot in his MPD-issued vehicle where the deal was to take place. Then, the CHS messaged Cenat a description of the individual’s vehicle for the traffic stop. Two undercover FBI employees then engaged in a staged drug transaction in the parking lot. Cenat followed one of them out of the parking lot and turned on the lights of his MPD-issued vehicle to conduct a traffic stop. Cenat was dressed in black tactical gear, including his MPD-issued tactical vest with body armor in place, and had his MPD-issued firearm and taser visible in their holsters. Cenat introduced himself as “Officer Martez” with “Broward County Sheriff’s Office – Narcotics Unit” and told the driver that he had witnessed the drug transaction. Cenat went to the bed of the driver’s truck and took a duffle bag containing seven kilograms of fake cocaine and $80,000 and brought it back to his own MPD vehicle. Cenat then returned to the driver-side window of the vehicle and used the information received from the CHS to create the impression that he was under investigation. Cenat asked the driver “you want to go home tonight or spend 30 years in… federal prison?” The driver told Cenat that he wanted to go home. Cenat then told the driver that he now worked for him and had to answer when he was called. Having obtained the fake cocaine and cash from the driver, Cenat let him go. 

Cenat left with the duffle bag containing the fake cocaine and cash and shortly thereafter was arrested by law enforcement officers. The duffle bag, the seven kilograms of fake cocaine and the $80,000 in cash from the traffic stop were found in Cenat’s unmarked MPD-issued vehicle. In addition, $2,000 in $100 bills from the Nov. 3, 2023, traffic stop rip-off were also found in his vehicle.  

The sentencing hearing is scheduled for June 13, at 9:30 a.m., before Senior U.S. District Judge James I. Cohn in Fort Lauderdale. Cenat faces a minimum mandatory sentence of 10 years in federal prison and a maximum sentence of up to life in prison.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of FBI, Miami Field Office, and Chief of Police Manuel A. Morales of MPD announced the guilty plea.

FBI’s West Palm Beach Resident Agency and FBI’s Miami Area Corruption Task Force, which includes task force officers from MPD’s Internal Affairs Section, investigated the case. Assistant U.S. Attorney Edward N. Stamm is prosecuting it. Assistant U.S. Attorney Marx Calderon is handling asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-cr-60016.

###

MIAMI – Trafigura Beheer B.V. (Trafigura), an international commodities trading company with its primary operations in Switzerland, pleaded guilty today and will pay over $126 million to resolve an investigation by the U.S. Justice Department into violations of the Foreign Corrupt Practices Act (FCPA), stemming from the company’s corrupt scheme to pay bribes to Brazilian government officials to secure business with Brazil’s state-owned and state-controlled oil company, Petróleo Brasileiro S.A. – Petrobras (Petrobras). 

Trafigura pleaded guilty to conspiracy to violate the anti-bribery provisions of the FCPA. Pursuant to the plea agreement, Trafigura will pay a criminal fine of $80,488,040 and forfeiture of $46,510,257. The department will credit up to $26,829,346 of the criminal fine against amounts Trafigura pays to resolve an investigation by law enforcement authorities in Brazil for related conduct.

“Our office will continue to target anyone who uses the Southern District of Florida to further foreign corrupt practices and bribery schemes,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “We will continue to work with our Criminal Division colleagues to identify and prosecute those responsible, including both individuals and corporations.” 

“For more than a decade, Trafigura bribed Brazilian officials to illegally obtain business and reap over $61 million in profits,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Today’s guilty plea underscores that when companies pay bribes and undermine the rule of law, they will face significant penalties. The department remains determined to combat foreign bribery and hold accountable those who violate the law.”  

According to court documents, between approximately 2003 and 2014, Trafigura and its co-conspirators paid bribes to Petrobras officials in order to obtain and retain business with Petrobras. Beginning in 2009, Trafigura and its co-conspirators, who met in Miami to discuss the bribery scheme, agreed to make bribe payments of up to 20 cents per barrel of oil products bought from or sold to Petrobras by Trafigura and to conceal the bribe payments through the use of shell companies, and by funneling payments through intermediaries who used offshore bank accounts to deliver cash to officials in Brazil. Trafigura profited approximately $61 million from the corrupt scheme.

“Trafigura’s corrupt practices violated the FCPA, and today’s resolution demonstrates that there are steep penalties for any company that tries to bribe government officials,” said Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division.

The department reached this resolution with Trafigura based on a number of factors, including, among others, the nature and seriousness of the offense. Trafigura received credit for its cooperation with the department’s investigation and affirmative acceptance of responsibility, which included (i) providing timely updates on facts learned during its internal investigation; (ii) making factual presentations to the department; (iii) facilitating the interviews of employees and agents, including an employee located outside the United States, and arranging for counsel for employees where appropriate; (iv) producing relevant non-privileged documents and data to the department, including documents located outside the United States in ways that navigated foreign data privacy laws, accompanied by translations of certain documents; and (v) providing all relevant facts known to it, including information about individuals involved in the conduct. However, and particularly during the early phase of the department’s investigation, Trafigura failed to preserve and produce certain documents and evidence in a timely manner and, at times, took positions that were inconsistent with full cooperation.

Trafigura also engaged in remedial measures, including: (i) developing and implementing enhanced, risk-based policies and procedures relating to, among other things, anti-corruption, use of intermediaries and consultants, third party payments, and joint venture and equity investment risk assessment; (ii) enhancing processes and controls around high-risk transactions; (iii) investment of additional resources in employee training and compliance testing; (iv) enhancing ongoing compliance monitoring and controls testing processes; and (v) proactively discontinuing the use of third-party agents for business origination. However, Trafigura was slow to exercise disciplinary and remedial measures for certain employees whose conduct violated company policy.

In addition, Trafigura’s prior misconduct, though not recent, includes a 2006 guilty plea by Trafigura AG for violation of Title 18, U.S. Code, Section 542 (entry of goods by means of false statements); as well as Trafigura’s 2010 conviction of violating Netherlands export and environmental laws in connection with the discharge of petroleum waste in Côte d’Ivoire. While Trafigura ultimately accepted responsibility for its criminal conduct in this investigation, its early posture in resolution negotiations also caused significant delays and required the department to expend substantial efforts and resources to develop additional admissible evidence before Trafigura constructively reengaged in agreeing to a negotiated resolution.  Accordingly, the department determined that the appropriate resolution in this case was for Trafigura to plead guilty to one count of conspiracy to violate the FCPA. The criminal fine calculated under the U.S. Sentencing Guidelines reflects a 10% reduction off the fifth percentile of the applicable guidelines fine range, which accounts for Trafigura’s cooperation and remediation, as well as its prior history.

The FBI Los Angeles Field Office is investigating the case, with assistance from the FBI’s International Corruption Unit.

Assistant U.S. Attorneys Eli S. Rubin and Joshua Paster, Trial Attorneys Natalie Kanerva and Clayton P. Solomon, and Assistant Chiefs Derek J. Ettinger and Jonathan P. Robell of the Criminal Division’s Fraud Section are prosecuting the case.

The Justice Department’s Office of International Affairs and authorities in Brazil, Switzerland, and Uruguay provided assistance in the matter.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.

###

Trafigura Beheer B.V. (Trafigura), an international commodities trading company with its primary operations in Switzerland, pleaded guilty today and will pay over $126 million to resolve an investigation by the U.S. Justice Department into violations of the Foreign Corrupt Practices Act (FCPA), stemming from the company’s corrupt scheme to pay bribes to Brazilian government officials to secure business with Brazil’s state-owned and state-controlled oil company, Petróleo Brasileiro S.A. – Petrobras (Petrobras). 

Trafigura pleaded guilty to conspiracy to violate the anti-bribery provisions of the FCPA. Pursuant to the plea agreement, Trafigura will pay a criminal fine of $80,488,040 and forfeiture of $46,510,257. The department will credit up to $26,829,346 of the criminal fine against amounts Trafigura pays to resolve an investigation by law enforcement authorities in Brazil for related conduct.

“For more than a decade, Trafigura bribed Brazilian officials to illegally obtain business and reap over $61 million in profits,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Today’s guilty plea underscores that when companies pay bribes and undermine the rule of law, they will face significant penalties. The department remains determined to combat foreign bribery and hold accountable those who violate the law.”  

“Our office will continue to target anyone who uses the Southern District of Florida to further foreign corrupt practices and bribery schemes,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “We will continue to work with our Criminal Division colleagues to identify and prosecute those responsible, including both individuals and corporations.” 

According to court documents, between approximately 2003 and 2014, Trafigura and its co-conspirators paid bribes to Petrobras officials in order to obtain and retain business with Petrobras. Beginning in 2009, Trafigura and its co-conspirators, who met in Miami to discuss the bribery scheme, agreed to make bribe payments of up to 20 cents per barrel of oil products bought from or sold to Petrobras by Trafigura and to conceal the bribe payments through the use of shell companies, and by funneling payments through intermediaries who used offshore bank accounts to deliver cash to officials in Brazil. Trafigura profited approximately $61 million from the corrupt scheme.

“Trafigura’s corrupt practices violated the FCPA, and today’s resolution demonstrates that there are steep penalties for any company that tries to bribe government officials,” said Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division.

The department reached this resolution with Trafigura based on a number of factors, including, among others, the nature and seriousness of the offense. Trafigura received credit for its cooperation with the department’s investigation and affirmative acceptance of responsibility, which included (i) providing timely updates on facts learned during its internal investigation; (ii) making factual presentations to the department; (iii) facilitating the interviews of employees and agents, including an employee located outside the United States, and arranging for counsel for employees where appropriate; (iv) producing relevant non-privileged documents and data to the department, including documents located outside the United States in ways that navigated foreign data privacy laws, accompanied by translations of certain documents; and (v) providing all relevant facts known to it, including information about individuals involved in the conduct. However, and particularly during the early phase of the department’s investigation, Trafigura failed to preserve and produce certain documents and evidence in a timely manner and, at times, took positions that were inconsistent with full cooperation.

Trafigura also engaged in remedial measures, including: (i) developing and implementing enhanced, risk-based policies and procedures relating to, among other things, anti-corruption, use of intermediaries and consultants, third party payments, and joint venture and equity investment risk assessment; (ii) enhancing processes and controls around high-risk transactions; (iii) investment of additional resources in employee training and compliance testing; (iv) enhancing ongoing compliance monitoring and controls testing processes; and (v) proactively discontinuing the use of third-party agents for business origination. However, Trafigura was slow to exercise disciplinary and remedial measures for certain employees whose conduct violated company policy.

In addition, Trafigura’s prior misconduct, though not recent, includes a 2006 guilty plea by Trafigura AG for entry of goods by means of false statements; as well as Trafigura’s 2010 conviction of violating Netherlands export and environmental laws in connection with the discharge of petroleum waste in Côte d’Ivoire. While Trafigura ultimately accepted responsibility for its criminal conduct in this investigation, its early posture in resolution negotiations also caused significant delays and required the department to expend substantial efforts and resources to develop additional admissible evidence before Trafigura constructively reengaged in agreeing to a negotiated resolution.  Accordingly, the department determined that the appropriate resolution in this case was for Trafigura to plead guilty to one count of conspiracy to violate the FCPA. The criminal fine calculated under the U.S. Sentencing Guidelines reflects a 10% reduction off the fifth percentile of the applicable guidelines fine range, which accounts for Trafigura’s cooperation and remediation, as well as its prior history.

The FBI Los Angeles Field Office is investigating the case, with assistance from the FBI’s International Corruption Unit.

Trial Attorneys Natalie Kanerva and Clayton P. Solomon and Assistant Chiefs Derek J. Ettinger and Jonathan P. Robell of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Eli S. Rubin and Joshua Paster for the Southern District of Florida are prosecuting the case.

The Justice Department’s Office of International Affairs and authorities in Brazil, Switzerland, and Uruguay provided assistance in the matter.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

MIAMI – The Justice Department announced today that its long-running investigation into international commodities trading companies that paid bribes to win business with state-owned and state-controlled oil companies in Latin America and Africa has resulted in six corporate resolutions, 20 convictions of individuals, and total fines, forfeitures, and other penalties of more than $1.7 billion.

Since 2017, the Criminal Division’s Fraud Section’s Foreign Corrupt Practices Act (FCPA) Unit, in partnership with U.S. Attorneys’ Offices across the country, the Money Laundering and Asset Recovery Section, and the FBI, has been investigating corruption committed by international commodities trading companies, which paid millions of dollars in bribes to corrupt government officials to secure billions of dollars in business with state-owned enterprises.

Through this work, the Criminal Division has entered into six corporate resolutions, which have included mandatory cooperation, disclosure, and compliance obligations and resulted in total fines, forfeitures, and other penalties of more than $1.7 billion:

• Today, Trafigura Beheer B.V. pleaded guilty in the Southern District of Florida to a scheme to bribe government officials in Brazil.
• In September 2020, Sargeant Marine Inc., an asphalt company based in Boca Raton, Florida, with an asphalt trading arm, pleaded guilty in the Eastern District of New York to schemes to bribe government officials in Brazil, Venezuela, and Ecuador;
• In December 2020, Vitol Inc., entered into a deferred prosecution agreement (DPA) in the Eastern District of New York, admitting to schemes to pay bribes to government officials in Brazil, Ecuador, and Mexico;
• In May 2022, Glencore International AG pleaded guilty in the Southern District of New York to a scheme to pay bribes to government officials in seven countries across Africa and Latin America;
• In December 2023, Freepoint Commodities LLC entered into a DPA in the District of Connecticut and admitted to a scheme to bribe government officials in Brazil;
• In March, Gunvor S.A. pleaded guilty in the Eastern District of New York to a scheme to bribe government officials in Ecuador; and

These corporate resolutions are connected to the guilty pleas of 19 culpable individuals, including six government officials, eight corrupt intermediaries, and five trading company employees. In addition, last month, Javier Aguilar, a former trader at Vitol Inc., was convicted on FCPA and money laundering charges following a seven-week trial in the Eastern District of New York.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, thanked the Criminal Division’s partners in these matters, including U.S. Attorney Breon Peace for the Eastern District of New York, U.S. Attorney Damian Williams for the Southern District of New York, U.S. Attorney Vanessa Roberts Avery for the District of Connecticut, and U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. U.S. Attorney Lapointe and Principal Deputy Assistant Attorney General Argentieri also thanked the Criminal Division’s law enforcement partners, including the FBI’s International Corruption Unit, New York Field Office, Miami Field Office, and Los Angeles Field Office.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

###

MIAMI – For the first time since COVID-19, the Artify Art Mentoring Program of the U.S. Attorney’s Office (USAO) for the Southern District of Florida has returned.

Part of the Law Enforcement Coordination and Community Outreach Section, USAO, this program pairs Paul L. Dunbar K-8 Center students with art mentors from New World School of the Arts, Visual Arts Program, in Miami.

The program, which staff began in 2016, was started because research showed the arts provide students with more creative outlets, additional skills, and career options. The proximity of Dunbar K-8 Center to New World School of the Arts made it a natural choice to pilot the program.

“It’s a way for a seasoned college art student to provide knowledge on different art subjects to young students who may not get that exposure otherwise,” said Law Enforcement Coordination Specialist Michael L. Martinez. “Each mentor may focus on different mediums. This year, for instance, we have one mentor who specializes in sculpting but has a background in drawing and painting.”

Job opportunities for art students include fine artist creating and selling original work; illustrator; graphic designer; art teacher; and interior/furniture designer, among others.

“We are always trying to find new ways to impact the lives of our youth and communities in the best way possible,” said Law Enforcement Coordination Specialist Mark McKinney. “Art is a way for students to express themselves and the feelings they have in that moment, plus learn life skills that may benefit them down the road.”

New World School of the Arts mentors work with the entire Dunbar 8th-grade class, which comprises 17 students. The mentors come to Dunbar and work with the class twice per month. The small class size ensures plenty of one-on-one instruction.

“The students see the same mentor each session,” said Martinez. “It’s a good way for them to establish trust and build a rapport. You can see the relationship grow. At first, the students may be hesitant to participate or ask questions of the mentor, but as time moves on, they really open up. It’s nice to see.” 

Past ideas for the students have included new murals on school walls and minor repairs to existing murals, in addition to various assignments provided by the art mentor.

“Artify promotes self-esteem, fosters creativity, builds positive relationships, and teaches life skills like problem solving, persistence, and collaboration,” said Community Outreach Specialist Robin McCowen. “Students learn that they have options, and they feel empowered to make positive choices and contribute to their communities.”

It’s not just the students who are excited, the mentors also enjoy the interaction.

“They’re excited to be in the program,” said Martinez. “Their enthusiasm comes through when teaching the kids. You can see it when they have that lightbulb moment and learn a new skill. It’s special for the mentors.” 

You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.justice.gov/usao-sdfl.

A New World School of the Arts mentor recently showed Paul L. Dunbar 8th-grade students techniques to produce art projects using a cyanotype paper, sun exposure, and water to create an almost x-ray effect. The mentorship program is a collaboration between Law Enforcement Coordination & Community Outreach Section of the U.S. Attorney’s Office and the Visual Arts Program of New World School of the Arts.  

###

MIAMI – Yon akizasyon te pibliye nan Distri Sid Eta Florid jodi a ki akize yon sitwayen Bahamas pou swadizan wòl li nan yon konplo kontrebann moun ki te lakòz plizyè lanmò imigran yo.

Kòm rezilta anpil kowòdinasyon ak koperasyon ant otorite Etazini ak Bahamas yo, Vandrick Nelson Smith, ke yo rele tou Muggy ak Vans, 33, te arete 6 mas nan Bahamas dapre yon demann Etazini ki enplike akizasyon ki te depoze anba sele nan Distri Sid Eta Florid la nan mwa novanm 2023.

Dapre dokiman tribinal yo, Smith te swadizan patisipe nan yon òganizasyon kontrebann moun ki te eseye mennen imigran ilegalman soti nan Bahamas nan peyi Etazini pa bato. Imigran yo te sitwayen Kolonbi, Jamayik, Repiblik Dominikèn, ak Ayiti, pami lòt peyi. Imigran yo (oswa fanmi yo ak zanmi yo) swadizan te peye òganizasyon an lajan pou yo te ka rantre yo klandestinman Ozetazini. Jan sa dekri pi ba a, akizasyon an akize ke Smith te patisipe pèsonèlman nan twa ensidan kontrebann maritim moun - ki gen ladan youn ki te lakòz lanmò senk moun.

Avoka Ameriken Markenzy Lapointe pou Distrik Sid Florid di: “Antrepriz kontrebann moun mete lavi moun a risk pou yo fè yon pwofi.” “Kontrabandye moun yo ap pwofite sou espwa imigran yo pou yon lavi miyò. Malerezman. eksplwatasyon kontrebandye yo poze yon gwo danje pou imigran yo. Biwo Avoka Ameriken an pral kontinye travay ak patnè nou yo pou pouswiv moun ki fè operasyon kontrebann ilegal moun pou pwoteje imigran vilnerab yo epi sove lavi yo.”

“Yo akize Vandrick Smith ak òganizasyon operasyon danjere kontrebann moun, voye imigran soti Bahamas nan Florid pa bato. Jan yo pretann nan akizasyon an, efò òganizasyon kontrebann moun nan vin mòtèl, lè yon bato ki t ap pote imigran te chavire an janvye 2022,” Asistan Pwokirè Jeneral Adjwen Prensipal Nicole M. Argentieri, ki se chèf Divizyon Kriminèl Depatman Jistis la te di. "Kontrabandye imen eksplwate moun dezespere pou lajan, e konsekans yo ka trajik. Divizyon Kriminèl la angaje l pou l konbat òganizasyon kontrebann moun ki eksplwate imigran vilnerab yo epi mete yo an danje, kèlkeswa kote yo opere.”

Smith swadizan te enplike nan twa evènman maritim kontrebann moun ki te fèt nan oswa anviwon 6 mas 2021; 22 janvye 2022; ak 8 out 2022. Nan aswè nan jou ki te 22 janvye 2022 a, akizasyon an pretann ke anpil imigran te monte nan yon bato nan Bahamas ki te destine pou Florid. Yon ti tan apre depa bato a, motè yo swadizan sispann fonksyone epi bato a chavire. Nan dat 25 janvye 2022, Gad Kòt Ameriken an te sove sèl imigran ki te siviv la, yo te jwenn li kwoke sou tèt bato ki te chgavire a.

“Envestigasyon Homeland Security yo rete devwe a travay ak patnè domestik ak entènasyonal nou yo pou mennen devan lajistis kriminèl ensousyan ki bay benefis finansye priyorite sou lavi ak sekirite moun,” te di Ajan Espesyal an chaj Anthony Salisbury nan Envestigasyon Homeland Security yo (HSI) Miami. “Risk ki asosye ak antrepriz kontrebann maritim moun yo ekstrèm. Nou ankouraje piblik la pou evite anbake nan vwayaj ak òganizasyon kriminèl danjere sa yo, ki souvan abouti nan trajedi.”

Yo akize Smith ak senk akizasyon pou eseye mennen moun ki pa sitwayen ameriken Ozetazini ki lakòz lanmò ki soti nan antrepriz janvye 2022 la. Yo akize l tou li konplote pou mennen moun ki pa sitwayen ameriken yo pou pwofi, mete lavi moun ki pa sitwayen yo an danje epi sa ki lakòz lanmò; eseye mennen moun ki pa sitwayen ameriken pou pwofi; epi eseye ede ak ede sèten moun ki pa sitwayen yo antre Ozetazini. Si yo kondane li poutèt li te eseye mennen moun ki pa sitwayen ameriken Ozetazini sa ki lakòz lanmò, Smith ap fè fas ak yon penalite maksimòm lavi nan prizon.

HSI Fort Pierce ak HSI Asistan Atache nan Nassau, Bahamas, te mennen ankèt sou ka a, avèk asistans HSI Miami, Gad Kòt Etazini, Biwo Sheriff Konte Brevard, ak Biwo Egzaminatè Medikal Brevard County. Biwo Afè Entènasyonal Depatman Jistis la te bay yon sipò enpòtan nan demann asistans legal etranje yo epi pou yo te asire arestasyon an. Depatman Jistis la remèsye Fòs Polis Royal Bahamas, Biwo Pwokirè Jeneral Bahamas, Ministè Afè Etranjè Bahamas, Depatman Imigrasyon Bahamas, ak Depatman Lajistis Piblik Bahamas pou asistans yo nan ka a.

Envestigasyon an ap fèt nan kad pwogram Ekstraterritorial Criminal Travel Strike Force (ECT), yon patenarya ansanm ant Divizyon Kriminèl Depatman Jistis la ak HSI. Pwogram ECT a konsantre sou rezo kontrebann moun ki ka prezante risk sekirite nasyonal an patikilye oswa sekirite piblik, oswa prezante gwo enkyetid imanitè. ECT a konsakre resous pou envestigasyon, entèlijans ak pouswit jidisyè. ECT kowòdone ak resevwa asistans nan men lòt ajans gouvènman Ameriken yo ak otorite ki fè respekte lalwa etranje yo.

Avoka Tribinal la Nonmen a Marie Zisa nan Seksyon Divizyon Kriminèl Dwa Moun ak Seksyon Pwosekisyon Espesyal yo ak Asistan Avoka Ameriken an Justin Hoover pou Distri Sid Florid la ap pouswiv ka a.

Yon akizasyon se jis yon akizasyon. Tout akize yo sipoze inosan jiskaske yo pwouve yo koupab san okenn dout rezonab nan yon tribunal.

###

Yon akizasyon te pibliye nan Distri Sid Eta Florid jodi a ki akize yon sitwayen Bahamas pou swadizan wòl li nan yon konplo kontrebann moun ki te lakòz plizyè lanmò imigran yo.

Kòm rezilta anpil kowòdinasyon ak koperasyon ant otorite Etazini ak Bahamas yo, Vandrick Nelson Smith, ke yo rele tou Muggy ak Vans, 33, te arete 6 mas nan Bahamas dapre yon demann Etazini ki enplike akizasyon ki te depoze anba sele nan Distri Sid Eta Florid la nan mwa novanm 2023.

Dapre dokiman tribinal yo, Smith te swadizan patisipe nan yon òganizasyon kontrebann moun ki te eseye mennen imigran ilegalman soti nan Bahamas nan peyi Etazini pa bato. Imigran yo te sitwayen Kolonbi, Jamayik, Repiblik Dominikèn, ak Ayiti, pami lòt peyi. Imigran yo (oswa fanmi yo ak zanmi yo) swadizan te peye òganizasyon an lajan pou yo te ka rantre yo klandestinman Ozetazini. Jan sa dekri pi ba a, akizasyon an akize ke Smith te patisipe pèsonèlman nan twa ensidan kontrebann maritim moun - ki gen ladan youn ki te lakòz lanmò senk moun.

“Yo akize Vandrick Smith ak òganizasyon operasyon danjere kontrebann moun, voye imigran soti Bahamas nan Florid pa bato. Jan yo pretann nan akizasyon an, efò òganizasyon kontrebann moun nan vin mòtèl, lè yon bato ki t ap pote imigran te chavire an janvye 2022,” Asistan Pwokirè Jeneral Adjwen Prensipal Nicole M. Argentieri, ki se chèf Divizyon Kriminèl Depatman Jistis la te di. "Kontrabandye imen eksplwate moun dezespere pou lajan, e konsekans yo ka trajik. Divizyon Kriminèl la angaje l pou l konbat òganizasyon kontrebann moun ki eksplwate imigran vilnerab yo epi mete yo an danje, kèlkeswa kote yo opere.”

Smith swadizan te enplike nan twa evènman maritim kontrebann moun ki te fèt nan oswa anviwon 6 mas 2021; 22 janvye 2022; ak 8 out 2022. Nan aswè nan jou ki te 22 janvye 2022 a, akizasyon an pretann ke anpil imigran te monte nan yon bato nan Bahamas ki te destine pou Florid. Yon ti tan apre depa bato a, motè yo swadizan sispann fonksyone epi bato a chavire. Nan dat 25 janvye 2022, Gad Kòt Ameriken an te sove sèl imigran ki te siviv la, yo te jwenn li kwoke sou tèt bato ki te chgavire a. 

Avoka Ameriken Markenzy Lapointe pou Distrik Sid Florid di: “Antrepriz kontrebann moun mete lavi moun a risk pou yo fè yon pwofi.” “Kontrabandye moun yo ap pwofite sou espwa imigran yo pou yon lavi miyò. Malerezman. eksplwatasyon kontrebandye yo poze yon gwo danje pou imigran yo. Biwo Avoka Ameriken an pral kontinye travay ak patnè nou yo pou pouswiv moun ki fè operasyon kontrebann ilegal moun pou pwoteje imigran vilnerab yo epi sove lavi yo.”

“Envestigasyon Homeland Security yo rete devwe a travay ak patnè domestik ak entènasyonal nou yo pou mennen devan lajistis kriminèl ensousyan ki bay benefis finansye priyorite sou lavi ak sekirite moun,” te di Ajan Espesyal an chaj Anthony Salisbury nan Envestigasyon Homeland Security yo (HSI) Miami. “Risk ki asosye ak antrepriz kontrebann maritim moun yo ekstrèm. Nou ankouraje piblik la pou evite anbake nan vwayaj ak òganizasyon kriminèl danjere sa yo, ki souvan abouti nan trajedi.”

Yo akize Smith ak senk akizasyon pou eseye mennen moun ki pa sitwayen ameriken Ozetazini ki lakòz lanmò ki soti nan antrepriz janvye 2022 la. Yo akize l tou li konplote pou mennen moun ki pa sitwayen ameriken yo pou pwofi, mete lavi moun ki pa sitwayen yo an danje epi sa ki lakòz lanmò; eseye mennen moun ki pa sitwayen ameriken pou pwofi; epi eseye ede ak ede sèten moun ki pa sitwayen yo antre Ozetazini. Si yo kondane li poutèt li te eseye mennen moun ki pa sitwayen ameriken Ozetazini sa ki lakòz lanmò, Smith ap fè fas ak yon penalite maksimòm lavi nan prizon.

HSI Fort Pierce ak HSI Asistan Atache nan Nassau, Bahamas, te mennen ankèt sou ka a, avèk asistans HSI Miami, Gad Kòt Etazini, Biwo Sheriff Konte Brevard, ak Biwo Egzaminatè Medikal Brevard County. Biwo Afè Entènasyonal Depatman Jistis la te bay yon sipò enpòtan nan demann asistans legal etranje yo epi pou yo te asire arestasyon an. Depatman Jistis la remèsye Fòs Polis Royal Bahamas, Biwo Pwokirè Jeneral Bahamas, Ministè Afè Etranjè Bahamas, Depatman Imigrasyon Bahamas, ak Depatman Lajistis Piblik Bahamas pou asistans yo nan ka a.

Envestigasyon an ap fèt nan kad pwogram Ekstraterritorial Criminal Travel Strike Force (ECT), yon patenarya ansanm ant Divizyon Kriminèl Depatman Jistis la ak HSI. Pwogram ECT a konsantre sou rezo kontrebann moun ki ka prezante risk sekirite nasyonal an patikilye oswa sekirite piblik, oswa prezante gwo enkyetid imanitè. ECT a konsakre resous pou envestigasyon, entèlijans ak pouswit jidisyè. ECT kowòdone ak resevwa asistans nan men lòt ajans gouvènman Ameriken yo ak otorite ki fè respekte lalwa etranje yo.

Avoka Tribinal la Nonmen a Marie Zisa nan Seksyon Divizyon Kriminèl Dwa Moun ak Seksyon Pwosekisyon Espesyal yo ak Asistan Avoka Ameriken an Justin Hoover pou Distri Sid Florid la ap pouswiv ka a.

Yon akizasyon se jis yon akizasyon. Tout akize yo sipoze inosan jiskaske yo pwouve yo koupab san okenn dout rezonab nan yon tribinal

MIAMI – Aujourd’hui, dans le District sud de Floride, la confidentialité a été levée de la mise en accusation concernant un ressortissant bahaméen pour son rôle présumé dans un complot ayant entrainé de nombreuses pertes de vie.

À la suite d’une vaste coordination et coopération entre les autorités des États-Unis et des Bahamas, Vandrick Nelson Smith, alias Muggy et Vans, âgé de 33 ans, a été arrêté aux Bahamas le 6 mars en réponse à une demande des États-Unis portant sur des accusations déposées en novembre 2023 sous pli scellé dans le District sud de Floride.

Selon les pièces de la procédure, Smith aurait été impliqué dans une organisation de trafic d’êtres humains cherchant à faire venir des migrants par bateau depuis les Bahamas vers les États-Unis. Les migrants étaient des ressortissants de la Colombie, de la Jamaïque, de la République dominicaine, d’Haiti et d’autres pays. Les migrants (ou leurs familles et amis) auraient versé de l’argent à l’organisation pour être introduits en contrebande aux États-Unis. Comme décrit ici, la mise en accusation allègue que Smith avait été personnellement impliqué dans trois incidents de passage de clandestins par voie maritime, dont un ayant couté la vie à cinq personnes.

« Les entreprises de passage de clandestins mettent les vies en danger au nom du profit » a déclaré Markenzy Lapointe, procureur fédéral pour le District sud de Floride. « Les passeurs exploitent les espoirs pour une vie meilleure des migrants. Tragiquement, les agissements des passeurs mettent sérieusement en péril les migrants. Aux fins de protéger les migrants vulnérables et de sauver des vies, le parquet fédéral continuera à travailler avec ses partenaires pour poursuivre ceux qui font du trafic illicite d’êtres humains ».

« Vandrick Smith est accusé d’avoir organisé des opérations dangereuses de traite d’êtres humains, en envoyant des migrants par bateau depuis les Bahamas vers la Floride. Comme l’allègue la mise en accusation, les efforts de l’organisation de traite d’êtres humains se sont révélés meurtriers lorsqu’en janvier 2022 un bateau avec des migrants a chaviré » a déclaré Nicole Argentieri, la principale sous-procureure générale adjointe et la cheffe de la Division pénale du département de la Justice. « Les trafiquants d’êtres humains exploitent les gens désespérés pour l’argent et les conséquences peuvent être tragiques. La Division pénale est vouée au combat contre les organisations de traite d’êtres humains qui s’en prennent à et mettent en danger les migrants vulnérables où qu’elles opèrent ».

Smith aurait été impliqué dans trois instances de traite d’êtres humains par voie maritime vers le 6 mars 2021, le 22 janvier 2022 et le 8 aout 2022. La mise en accusation allègue que dans la soirée du 22 janvier 2022, aux Bahamas, de nombreux migrants sont montés à bord d’un vaisseau à destination de la Floride. Peu après le départ du vaisseau, les moteurs se seraient arrêtés et le vaisseau a chaviré. Le 25 janvier 2022, la Garde côtière des États-Unis a sauvé le seul survivant, accroché à la coque du vaisseau chaviré.

« La section des enquêtes de la sécurité intérieure est déterminée à travailler avec nos partenaires nationaux et internationaux pour traduire en justice les criminels imprudents qui accordent la priorité au gain financier sur les vies et la sécurité des personnes » a déclaré Anthony Salisbury, agent spécial responsable des enquêtes de la sécurité intérieure (HSI) à Miami. « Les risques associés aux opérations de traite des humains par voie maritime sont extrêmes. Nous exhortons le public à éviter de se lancer dans ces voyages avec des organisations criminelles dangereuses, lesquelles se soldent parfois par une tragédie ».

Suite à l’opération de janvier 2022 ayant entrainé des pertes de vies, cinq chefs d’accusation de tentative de faire passer des étrangers aux États-Unis ont été retenus contre Smith. Il est aussi accusé d’entente en vue de faire passer des étrangers aux États-Unis contre profit ; de mise en danger des vies d’étrangers ayant entrainé la mort ; de tentative de faire passer des étrangers aux États-Unis contre profit et de tentative d’aider et assister certains étrangers à entrer aux États-Unis. S’il est trouvé coupable de tentative de faire passer des étrangers aux États-Unis ayant entrainé la mort, Smith est passible d’une peine maximale de prison à vie.

HSI Fort Pierce et l’attaché adjoint de HSI à Nassau, aux Bahamas, ont enquêté sur le dossier avec l’aide de la Garde côtière des États-Unis, du bureau du sheriff du comté de Brevard et du service du médecin légiste du comté de Brevard. Le bureau des Affaires internationales du département de la Justice a apporté un appui important en matière des demandes d’entraide juridique internationale et les efforts menant à l’arrestation. Le département de la Justice remercie la Police royale des Bahamas, le ministère des Affaires étrangères des Bahamas, le Département de l’Immigration des Bahamas ainsi que le département des Poursuites pénales des Bahamas pour leur aide dans cette affaire.

L’enquête est menée dans le cadre du programme de la force de frappe extraterritoriale dite Extraterritorial Criminal Travel Strike Force (ECT), un partenariat entre la Division pénale du département de la Justice et le HSI. Le programme ECT se concentre sur les réseaux de traite d’êtres humains pouvant présenter un risque spécial pour la sécurité nationale ou à la sécurité du public ou qui sont une sérieuse source de préoccupation humanitaire. ECT dispose de ressources d’enquête, de renseignement et de poursuite dédiées. ECT coordonne et est assistée par d’autres organismes gouvernementaux américains et les services de détection et de répression étrangers.

La substitute du procureur Marie Zisa de la section des Droits de l’homme et de poursuites spéciales de la Division pénale ainsi que le procureur fédéral adjoint Justin Hoover du District sud de Floride poursuivent le dossier.

Une mise en accusation n’est qu’une allégation. Tous les accusés sont présumés innocents jusqu’à ce que leur culpabilité soit prouvée au-delà de tout doute raisonnable devant un tribunal.

###

Aujourd’hui, dans le District sud de Floride, la confidentialité a été levée de la mise en accusation concernant un ressortissant bahaméen pour son rôle présumé dans un complot ayant entrainé de nombreuses pertes de vie.

À la suite d’une vaste coordination et coopération entre les autorités des États-Unis et des Bahamas, Vandrick Nelson Smith, alias Muggy et Vans, âgé de 33 ans, a été arrêté aux Bahamas le 6 mars en réponse à une demande des États-Unis portant sur des accusations déposées en novembre 2023 sous pli scellé dans le District sud de Floride.

Selon les pièces de la procédure, Smith aurait été impliqué dans une organisation de trafic d’êtres humains cherchant à faire venir des migrants par bateau depuis les Bahamas vers les États-Unis. Les migrants étaient des ressortissants de la Colombie, de la Jamaïque, de la République dominicaine, d’Haiti et d’autres pays. Les migrants (ou leurs familles et amis) auraient versé de l’argent à l’organisation pour être introduits en contrebande aux États-Unis. Comme décrit ici, la mise en accusation allègue que Smith avait été personnellement impliqué dans trois incidents de passage de clandestins par voie maritime, dont un ayant couté la vie à cinq personnes.

« Vandrick Smith est accusé d’avoir organisé des opérations dangereuses de traite d’êtres humains, en envoyant des migrants par bateau depuis les Bahamas vers la Floride. Comme l’allègue la mise en accusation, les efforts de l’organisation de traite d’êtres humains se sont révélés meurtriers lorsqu’en janvier 2022 un bateau avec des migrants a chaviré » a déclaré Nicole Argentieri, la principale sous-procureure générale adjointe et la cheffe de la Division pénale du département de la Justice. « Les trafiquants d’êtres humains exploitent les gens désespérés pour l’argent et les conséquences peuvent être tragiques. La Division pénale est vouée au combat contre les organisations de traite d’êtres humains qui s’en prennent à et mettent en danger les migrants vulnérables où qu’elles opèrent ».

Smith aurait été impliqué dans trois instances de traite d’êtres humains par voie maritime vers le 6 mars 2021, le 22 janvier 2022 et le 8 aout 2022. La mise en accusation allègue que dans la soirée du 22 janvier 2022, aux Bahamas, de nombreux migrants sont montés à bord d’un vaisseau à destination de la Floride. Peu après le départ du vaisseau, les moteurs se seraient arrêtés et le vaisseau a chaviré. Le 25 janvier 2022, la Garde côtière des États-Unis a sauvé le seul survivant, accroché à la coque du vaisseau chaviré.

« Les entreprises de passage de clandestins mettent les vies en danger au nom du profit » a déclaré

Markenzy Lapointe, procureur fédéral pour le District sud de Floride. « Les passeurs exploitent les espoirs pour une vie meilleure des migrants. Tragiquement, les agissements des passeurs mettent sérieusement en péril les migrants. Aux fins de protéger les migrants vulnérables et de sauver des vies, le parquet fédéral continuera à travailler avec ses partenaires pour poursuivre ceux qui font du trafic illicite d’êtres humains ».

« La section des enquêtes de la sécurité intérieure est déterminée à travailler avec nos partenaires nationaux et internationaux pour traduire en justice les criminels imprudents qui accordent la priorité au gain financier sur les vies et la sécurité des personnes » a déclaré Anthony Salisbury, agent spécial responsable des enquêtes de la sécurité intérieure (HSI) à Miami. « Les risques associés aux opérations de traite des humains par voie maritime sont extrêmes. Nous exhortons le public à éviter de se lancer dans ces voyages avec des organisations criminelles dangereuses, lesquelles se soldent parfois par une tragédie ».

Suite à l’opération de janvier 2022 ayant entrainé des pertes de vies, cinq chefs d’accusation de tentative de faire passer des étrangers aux États-Unis ont été retenus contre Smith. Il est aussi accusé d’entente en vue de faire passer des étrangers aux États-Unis contre profit ; de mise en danger des vies d’étrangers ayant entrainé la mort ; de tentative de faire passer des étrangers aux États-Unis contre profit et de tentative d’aider et assister certains étrangers à entrer aux États-Unis. S’il est trouvé coupable de tentative de faire passer des étrangers aux États-Unis ayant entrainé la mort, Smith est passible d’une peine maximale de prison à vie.

HSI Fort Pierce et l’attaché adjoint de HSI à Nassau, aux Bahamas, ont enquêté sur le dossier avec l’aide de la Garde côtière des États-Unis, du bureau du sheriff du comté de Brevard et du service du médecin légiste du comté de Brevard. Le bureau des Affaires internationales du département de la Justice a apporté un appui important en matière des demandes d’entraide juridique internationale et les efforts menant à l’arrestation. Le département de la Justice remercie la Police royale des Bahamas, le ministère des Affaires étrangères des Bahamas, le Département de l’Immigration des Bahamas ainsi que le département des Poursuites pénales des Bahamas pour leur aide dans cette affaire.

L’enquête est menée dans le cadre du programme de la force de frappe extraterritoriale dite Extraterritorial Criminal Travel Strike Force (ECT), un partenariat entre la Division pénale du département de la Justice et le HSI. Le programme ECT se concentre sur les réseaux de traite d’êtres humains pouvant présenter un risque spécial pour la sécurité nationale ou à la sécurité du public ou qui sont une sérieuse source de préoccupation humanitaire. ECT dispose de ressources d’enquête, de renseignement et de poursuite dédiées. ECT coordonne et est assistée par d’autres organismes gouvernementaux américains et les services de détection et de répression étrangers.

La substitute du procureur Marie Zisa de la section des Droits de l’homme et de poursuites spéciales de la Division pénale ainsi que le procureur fédéral adjoint Justin Hoover du District sud de Floride poursuivent le dossier.

Une mise en accusation n’est qu’une allégation. Tous les accusés sont présumés innocents jusqu’à ce que leur culpabilité soit prouvée au-delà de tout doute raisonnable devant un tribunal.