Southern District of Florida
Press releases recorded for this federal judicial district.
Florida Resident Sentenced to Prison for Stolen Identity Refund Fraud SchemeRead the Press Release
A Miami-Dade County, Florida resident was sentenced to 70 months in prison for his role in a stolen identity refund fraud scheme, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida.
According to documents and information provided to the court, from approximately 2008 through January 2015, in Broward and Miami-Dade counties, Jean Leroy Destine, 36, and others, obtained stolen IDs, to include the personal identifying information of prisoners and deceased individuals. They used this information to prepare and file with the Internal Revenue Service (IRS) approximately 2,000 tax returns seeking more than $2 million in fraudulent refunds. Destine and his co-conspirators covered their tracks by recruiting individuals to obtain Electronic Filing Identification Numbers (EFINs) in their names from the IRS and then used these EFINs to electronically file the fraudulent returns. The conspirators directed the refunds to debit cards as well as treasury checks mailed to various addresses. The refund checks were cashed at different check cashing stores and funds were withdrawn from the debit cards at Western Union locations and ATMs.
In addition to the term of prison imposed, U.S. District Judge Federico A. Moreno ordered Destine to serve three years of supervised release and to pay $2,108,000.00 in restitution to the IRS. Destine pleaded guilty in May 2017 to one count of a multi-object conspiracy to defraud the IRS, commit wire fraud and commit aggravated identity theft and one count of aggravated identity theft.
Acting Assistant Attorney General Goldberg and Acting U.S. Attorney Greenberg commended special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Neil Karadbil of the Southern District of Florida and Assistant Chief Greg Tortella of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Two Riviera Beach Men Charged with Stealing Sea Turtle EggsRead the Press Release
Two Riviera Beach men were arrested and charged with stealing sea turtle eggs from a St. Lucie County beach.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; Andrew Aloise, Resident Agent in Charge Florida, U.S. Fish and Wildlife Service (USFWS); and Major Olin Rondeau, South A Regional Commander, Florida Fish and Wildlife Conservation Commission (FWC) made the announcement.
Carl Lawrence Cobb, 60, of Riviera Beach, is charged by indictment with two counts of transporting sea turtle eggs for the purpose of sale, in violation of the Lacey Act, Title 16, United States Code, Sections 3372(a)(1) and 3373(d)(1)(B), and two counts of violating the Endangered Species Act by possessing the eggs, in violation of Title 16, Sections 1538(a)(1)(G) and 1540(b)(1). Raymond Saunders, 50, also of Riviera Beach, is charged by indictment with one count of transporting sea turtle eggs for the purpose of sale and one count of violating the Endangered Species Act by possessing the eggs. If convicted of their respective charges, the defendants face up to five years in prison for each Lacey Act violation and up to twelve months in prison for the Endangered Species Act violations.
According to the court record, on May 5, 2017, a concerned citizen reported to the Florida Fish and Wildlife Conservation Commission that a man was disturbing sea turtle nests on North Hutchinson Island. A law enforcement investigation revealed that Cobb had removed over 200 eggs from two sea turtle nests. On May 24, 2017, law enforcement officials observed Cobb and Saunders remove approximately 469 sea turtle eggs from nests on North Hutchinson Island. Cobb and Saunders were arrested as they were transporting the eggs to Palm Beach County. The recovered eggs were relocated by marine biologists in the hope that some of them will yield hatchlings.
Mr. Greenberg commended the investigative efforts of USFWS and the Fish and Wildlife Conservation Commission. This case is being prosecuted by Special Assistant United States Attorney Ryan Butler and Assistant United States Attorney Daniel E. Funk.
An indictment is only an accusation. A defendant is presumed innocent until and unless 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 on http://pacer.flsd.uscourts.gov.
Former Miami-Dade County Public School Employee Charged in Bribery SchemeRead the Press Release
A former employee of Miami-Dade County Public Schools has been charged with accepting bribery payments.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Andres Barroso, 52, of Hialeah, Florida, a former electrical foreman for Miami-Dade County Public Schools, was charged in by criminal information with conspiracy to commit bribery in programs receiving federal funds, in violation of Title 18, United States Code, Sections 666 and 371.
As set forth in the charging document, as an electrical foreman for Miami-Dade County Public Schools, Barroso had the authority to order lighting products, including lamps and ballasts, on behalf of the school system. If the order exceeded $1,000, it was required to be a competitive bid and was awarded to the winning vendor. A co-conspirator owned a company that provided, among other items, lighting products, including lamps and ballasts.
Beginning in or about 2013, Barroso authorized the purchase of lighting products, including lamps and ballasts, on behalf of Miami-Dade County Public Schools, from the co-conspirator. If the order exceeded $1,000 and the order was required to be competitively bid, Barroso informed the co-conspirator of the amounts of the bids submitted by other vendors so that the co-conspirator could be able to submit the lowest bid.
The co-conspirator was awarded over 70 contracts to provide lighting products to Miami-Dade Public Schools. The co-conspirator provided some, but not all, of the ordered lighting products to the school system. Barroso falsely confirmed that all lighting products were received and submitted the invoice for payment to Miami-Dade Public Schools. As a result, Miami-Dade Public Schools paid the co-conspirator for products that were not actually provided.
Barroso and the co-conspirator split the money received from Miami-Dade Public Schools. From in or about 2013 and continuing through in or about 2015, Barroso accepted approximately $66,166 in U.S. currency intending to be influenced and rewarded for utilizing his official position.
Andres Barroso faces a statutory maximum term of 5 years in prison and a fine of $250,000.
Mr. Greenberg commended the investigative efforts of the FBI in connection with this matter. The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.
A criminal information or complaint merely contain accusations and a defendant is presumed innocent unless and until proven guilty in a court of law.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at. 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 on http://pacer.flsd.uscourts.gov.
PHH Agrees to Pay over $74 Million to Resolve Alleged False Claims Act Liability Arising from Mortgage LendingRead the Press Release
PHH Corp. PHH Mortgage Corp. and PHH Home Loans (collectively, PHH) have agreed to pay the United States $74,453,802 to resolve allegations that they violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA), guaranteed by the United States Department of Veterans Affairs (VA), and purchased by the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) that did not meet applicable requirements, the Justice Department announced today. PHH is headquartered in Mount Laurel, New Jersey, and PHH Home Loans operates in Edina, Minnesota. PHH has agreed to pay $65 million to resolve the FHA allegations and $9.45 million to resolve the VA and FHFA allegations.
“Government mortgage programs designed to assist homeowners — including programs offered by the FHA, VA, Fannie Mae and Freddie Mac — depend on lenders to approve only eligible loans,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department has and will continue to hold accountable lenders that knowingly cause the government to guarantee, insure, or purchase loans that are materially deficient and put both the homeowner and the taxpayers at risk.”
“PHH submitted defective loans for government insurance, and homeowners and taxpayers paid the price. This significant resolution helps rectify the misconduct by returning more than $74 million in wrongfully claimed funds to the government,” said Acting U.S. Attorney for the District of Minnesota Gregory Brooker. “I commend the efforts of this Office’s Civil Division in reaching a successful resolution.”
“This settlement requires PHH to pay back to the taxpayers of the United States millions of dollars in loans that never should have been made,” Acting U.S. Attorney William E. Fitzpatrick for the District of New Jersey said. “By failing to ensure the creditworthiness of borrowers and otherwise failing to make sure the loans met HUD underwriting requirements, loans were insured by FHA that should not have been.”
“By failing to comply with FHA regulations, PHH put taxpayers and borrowers at risk of sustaining significant financial losses,” stated Acting U.S. Attorney Benjamin G. Greenberg. “This case and the resulting $75 million dollar settlement demonstrate that U.S. Attorney’s Offices and our investigative partners across the country are committed to holding lenders accountable who knowingly submit unqualified loans and compromise needed governmental programs.”
“For government mortgage programs to assist homeowners but not take on ill-advised risk, all participants in the mortgage lending process must provide true and complete information,” stated Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York. “Today’s settlement with PHH demonstrates our continuing commitment to requiring such integrity in the process.”
The settlements announced today resolve allegations that PHH failed to comply with certain FHA, VA, Fannie Mae and Freddie Mac origination, underwriting, and quality control requirements.
Since at least January 2006, PHH has participated as a Direct Endorsement lender (DEL) in the FHA insurance program. A DEL has the authority to originate, underwrite, and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD, FHA’s parent agency, for the losses resulting from the defaulted loan. Under the DEL program, the FHA does not review a loan before it is endorsed for FHA insurance for compliance with FHA’s credit and eligibility standards, but instead relies on the efforts of the DEL to verify compliance. DELs are therefore required to follow program rules designed to ensure that they are properly underwriting and certifying mortgages for FHA insurance.
As part of the settlement, PHH admitted to the following facts concerning the FHA loans:
Between Jan. 1, 2006, and Dec. 31, 2011, it certified for FHA insurance mortgage loans that did not meet HUD underwriting requirements and did not adhere to FHA’s self-reporting requirements. Examples of loan defects that PHH admitted resulted in loans being ineligible for FHA mortgage insurance included:
- Failing to document the borrowers’ creditworthiness, including paystubs, verification of employment, proper credit reports, and verification of the borrowers’ earnest money deposit and funds to close.
- Failing to document the borrower’s claimed net equity in a prior residence or obtain documentation showing that the borrower had paid off significant debts. Including these debts in the borrower’s liabilities resulted in the borrower exceeding HUD’s debt-to-income ratio requirements for FHA-insured loans.
- Insuring a loan for FHA mortgage insurance even though the borrower did not meet HUD’s minimum statutory investment for the loan.
In 2007, PHH audited a targeted sample of government loans for closing or pre-insuring requirements and found that its “percent accurate” did not exceed 50 percent during 2007. Since at least 2006, HUD has required self-reporting of material violations of FHA requirements. However, between Jan. 1, 2006, and Dec. 31, 2011, PHH Home Loans did not self-report any loans to HUD; rather, PHH Home Loans did not self-report any loans to HUD until 2013, after the United States commenced its investigation resulting in this settlement.
As a result of PHH’s conduct and omissions, PHH admitted, HUD insured loans endorsed by PHH that were not eligible for FHA mortgage insurance under the DEL program, and that HUD would not otherwise have insured. It admitted that HUD subsequently incurred substantial losses when it paid insurance claims on those loans.
In addition, from at least 2005 to 2012, PHH was a VA approved lender, originating and underwriting mortgage loans and obtaining VA loan guarantees. The VA helps Servicemembers, Veterans, and eligible surviving spouses become homeowners by guaranteeing a portion of home loans. VA home loans are provided by certain pre-approved private lenders, including banks and mortgage companies. By guaranteeing a portion of the loan, the VA enables the lender to provide Servicemembers, Veterans, and eligible surviving spouses with loan terms that are more favorable than would otherwise be available in the marketplace. In order to qualify for a VA guarantee, borrowers must comply with VA loan requirements. The settlement resolves the United States’ claims and potential claims that PHH originated loans that it submitted for guarantee by the VA that did not meet the VA’s requirements.
Also from at least 2009 to 2013, PHH sold mortgage loans to Fannie Mae and Freddie Mac. Congress created the two entities to provide stability and liquidity in the secondary housing market and established the Federal Housing Finance Agency (“FHFA”) to supervise, regulate, and oversee Fannie Mae and Freddie Mac, as well as the Federal Home Loan Bank System. Since 2008, in response to the substantial deterioration in the housing markets that severely damaged Fannie Mae and Freddie Mac’s financial condition, Fannie Mae and Freddie Mac have been operating under a government conservatorship. The settlement resolves the United States’ contentions that PHH originated and sold loans to the Freddie Mac and Fannie Mae that did not meet their requirements.
“This case demonstrates HUD’s resolve in protecting the integrity of its mortgage insurance programs for the benefit of all Americans, and in particular, first time homebuyers,” said Dane Narode, HUD’s Associate General Counsel for Program Enforcement. “We are gratified that PHH has accepted responsibility for its actions.”
“This settlement resolves allegations of reckless origination and underwriting of VA guaranteed mortgage loans,” said Michael J. Missal, Inspector General, for the Office of Inspector General for the Department of Veterans Affairs (VA OIG). “It sends a clear message that the VA OIG will aggressively protect the integrity of this crucial program which helps so many of our veterans buy, build, or repair their homes. I would also like to thank the U.S. Attorney's Offices for partnering with us to achieve this significant result.”
Some of the allegations resolved by these settlements included in a whistleblower lawsuit filed under the False Claims Act by a former employee of PHH, Mary Bozzelli against PHH Corp. and PHH Mortgage Corp. Under the False Claims Act, private citizens can sue on behalf of the government and share in any recovery. Ms. Bozzelli will receive $9,067,377.33 from the settlements.
The settlements were the result of joint investigations conducted by HUD, the HUD Office of Inspector General, the Veterans Administration’s Office of Inspector General, the FHFA Office of Inspector General, the Department of Justice’s Civil Division, and the U.S. Attorney’s Offices for the District of Minnesota, District of New Jersey, Southern District of Florida, and Eastern District of New York. The qui tam action is captioned United States ex rel. Mary Bozzelli v. PHH Mortgage Corporation and PHH Corporation, 13-cv-3084 (E.D.N.Y.). The claims asserted against PHH are allegations only, and there has been no determination of liability.
PHH Agrees to Pay over $74 Million to Resolve Alleged False Claims Act Liability Arising from Mortgage LendingRead the Press Release
PHH Corp. PHH Mortgage Corp. and PHH Home Loans (collectively, PHH) have agreed to pay the United States $74,453,802 to resolve allegations that they violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA), guaranteed by the United States Department of Veterans Affairs (VA), and purchased by the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) that did not meet applicable requirements, the Justice Department announced today. PHH is headquartered in Mount Laurel, New Jersey, and PHH Home Loans operates in Edina, Minnesota. PHH has agreed to pay $65 million to resolve the FHA allegations and $9.45 million to resolve the VA and FHFA allegations.
“Government mortgage programs designed to assist homeowners — including programs offered by the FHA, VA, Fannie Mae and Freddie Mac — depend on lenders to approve only eligible loans,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department has and will continue to hold accountable lenders that knowingly cause the government to guarantee, insure, or purchase loans that are materially deficient and put both the homeowner and the taxpayers at risk.”
“PHH submitted defective loans for government insurance, and homeowners and taxpayers paid the price. This significant resolution helps rectify the misconduct by returning more than $74 million in wrongfully claimed funds to the government,” said Acting U.S. Attorney for the District of Minnesota Gregory Brooker. “I commend the efforts of this Office’s Civil Division in reaching a successful resolution.”
“This settlement requires PHH to pay back to the taxpayers of the United States millions of dollars in loans that never should have been made,” Acting U.S. Attorney William E. Fitzpatrick for the District of New Jersey said. “By failing to ensure the creditworthiness of borrowers and otherwise failing to make sure the loans met HUD underwriting requirements, loans were insured by FHA that should not have been.”
“By failing to comply with FHA regulations, PHH put taxpayers and borrowers at risk of sustaining significant financial losses,” stated Acting U.S. Attorney Benjamin G. Greenberg. “This case and the resulting $75 million dollar settlement demonstrate that U.S. Attorney’s Offices and our investigative partners across the country are committed to holding lenders accountable who knowingly submit unqualified loans and compromise needed governmental programs.”
“For government mortgage programs to assist homeowners but not take on ill-advised risk, all participants in the mortgage lending process must provide true and complete information,” stated Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York. “Today’s settlement with PHH demonstrates our continuing commitment to requiring such integrity in the process.”
The settlements announced today resolve allegations that PHH failed to comply with certain FHA, VA, Fannie Mae and Freddie Mac origination, underwriting, and quality control requirements.
Since at least January 2006, PHH has participated as a Direct Endorsement lender (DEL) in the FHA insurance program. A DEL has the authority to originate, underwrite, and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD, FHA’s parent agency, for the losses resulting from the defaulted loan. Under the DEL program, the FHA does not review a loan before it is endorsed for FHA insurance for compliance with FHA’s credit and eligibility standards, but instead relies on the efforts of the DEL to verify compliance. DELs are therefore required to follow program rules designed to ensure that they are properly underwriting and certifying mortgages for FHA insurance.
As part of the settlement, PHH admitted to the following facts concerning the FHA loans:
Between Jan. 1, 2006, and Dec. 31, 2011, it certified for FHA insurance mortgage loans that did not meet HUD underwriting requirements and did not adhere to FHA’s self-reporting requirements. Examples of loan defects that PHH admitted resulted in loans being ineligible for FHA mortgage insurance included:
- Failing to document the borrowers’ creditworthiness, including paystubs, verification of employment, proper credit reports, and verification of the borrowers’ earnest money deposit and funds to close.
- Failing to document the borrower’s claimed net equity in a prior residence or obtain documentation showing that the borrower had paid off significant debts. Including these debts in the borrower’s liabilities resulted in the borrower exceeding HUD’s debt-to-income ratio requirements for FHA-insured loans.
- Insuring a loan for FHA mortgage insurance even though the borrower did not meet HUD’s minimum statutory investment for the loan.
In 2007, PHH audited a targeted sample of government loans for closing or pre-insuring requirements and found that its “percent accurate” did not exceed 50 percent during 2007. Since at least 2006, HUD has required self-reporting of material violations of FHA requirements. However, between Jan. 1, 2006, and Dec. 31, 2011, PHH Home Loans did not self-report any loans to HUD; rather, PHH Home Loans did not self-report any loans to HUD until 2013, after the United States commenced its investigation resulting in this settlement.
As a result of PHH’s conduct and omissions, PHH admitted, HUD insured loans endorsed by PHH that were not eligible for FHA mortgage insurance under the DEL program, and that HUD would not otherwise have insured. It admitted that HUD subsequently incurred substantial losses when it paid insurance claims on those loans.
In addition, from at least 2005 to 2012, PHH was a VA approved lender, originating and underwriting mortgage loans and obtaining VA loan guarantees. The VA helps Servicemembers, Veterans, and eligible surviving spouses become homeowners by guaranteeing a portion of home loans. VA home loans are provided by certain pre-approved private lenders, including banks and mortgage companies. By guaranteeing a portion of the loan, the VA enables the lender to provide Servicemembers, Veterans, and eligible surviving spouses with loan terms that are more favorable than would otherwise be available in the marketplace. In order to qualify for a VA guarantee, borrowers must comply with VA loan requirements. The settlement resolves the United States’ claims and potential claims that PHH originated loans that it submitted for guarantee by the VA that did not meet the VA’s requirements.
Also from at least 2009 to 2013, PHH sold mortgage loans to Fannie Mae and Freddie Mac. Congress created the two entities to provide stability and liquidity in the secondary housing market and established the Federal Housing Finance Agency (“FHFA”) to supervise, regulate, and oversee Fannie Mae and Freddie Mac, as well as the Federal Home Loan Bank System. Since 2008, in response to the substantial deterioration in the housing markets that severely damaged Fannie Mae and Freddie Mac’s financial condition, Fannie Mae and Freddie Mac have been operating under a government conservatorship. The settlement resolves the United States’ contentions that PHH originated and sold loans to the Freddie Mac and Fannie Mae that did not meet their requirements.
“This case demonstrates HUD’s resolve in protecting the integrity of its mortgage insurance programs for the benefit of all Americans, and in particular, first time homebuyers,” said Dane Narode, HUD’s Associate General Counsel for Program Enforcement. “We are gratified that PHH has accepted responsibility for its actions.”
“This settlement resolves allegations of reckless origination and underwriting of VA guaranteed mortgage loans,” said Michael J. Missal, Inspector General, for the Office of Inspector General for the Department of Veterans Affairs (VA OIG). “It sends a clear message that the VA OIG will aggressively protect the integrity of this crucial program which helps so many of our veterans buy, build, or repair their homes. I would also like to thank the U.S. Attorney's Offices for partnering with us to achieve this significant result.”
Some of the allegations resolved by these settlements included in a whistleblower lawsuit filed under the False Claims Act by a former employee of PHH, Mary Bozzelli against PHH Corp. and PHH Mortgage Corp. Under the False Claims Act, private citizens can sue on behalf of the government and share in any recovery. Ms. Bozzelli will receive $9,067,377.33 from the settlements.
The settlements were the result of joint investigations conducted by HUD, the HUD Office of Inspector General, the Veterans Administration’s Office of Inspector General, the FHFA Office of Inspector General, the Department of Justice’s Civil Division, and the U.S. Attorney’s Offices for the District of Minnesota, District of New Jersey, Southern District of Florida, and Eastern District of New York. The qui tam action is captioned United States ex rel. Mary Bozzelli v. PHH Mortgage Corporation and PHH Corporation, 13-cv-3084 (E.D.N.Y.). The claims asserted against PHH are allegations only, and there has been no determination of liability. The FHA investigation was led by AUSA Ann Bildtsen (USAO-MN) who was joined on the team by AUSAs Anthony LaBruna and Mark Orlowski (USAO-NJ) and James A. Weinkle (USAO-SDFL).
Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
PHH Agrees to Pay over $74 Million to Resolve Alleged False Claims Act Liability Arising from Mortgage LendingRead the Press Release
PHH Corp., PHH Mortgage Corp. and PHH Home Loans (collectively, PHH) have agreed to pay the United States $74,453,802 to resolve allegations that they violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA), guaranteed by the United States Department of Veteran Affairs (VA), and purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) that did not meet applicable requirements, the Justice Department announced today. PHH Corp. and PHH Mortgage Corp. are headquartered in Mount Laurel, New Jersey, while PHH Home Loans is headquartered in Edina, Minnesota.
“For government mortgage programs to assist homeowners but not take on ill-advised risk, all participants in the mortgage lending process must provide true and complete information,” stated Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York. “Today’s settlement with PHH demonstrates our continuing commitment to requiring such integrity in the process.”
“Government mortgage programs designed to assist homeowners — including programs offered by the FHA, VA, Fannie Mae and Freddie Mac — depend on lenders to approve only eligible loans,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department has and will continue to hold accountable lenders that knowingly cause the government to guarantee, insure, or purchase loans that are materially deficient and put both the homeowner and the taxpayers at risk.”
The settlements announced today resolve allegations that PHH failed to comply with certain Fannie Mae and Freddie Mac, VA, and FHA origination, underwriting, and quality control requirements.
From at least 2009 to 2013, PHH sold mortgage loans to Fannie Mae and Freddie Mac. Congress created the two entities to provide stability and liquidity in the secondary housing market and established the Federal Housing Finance Agency (FHFA) to supervise, regulate, and oversee Fannie Mae and Freddie Mac, as well as the Federal Home Loan Bank System. Since 2008, in response to the substantial deterioration in the housing markets that severely damaged Fannie Mae and Freddie Mac’s financial condition, Fannie Mae and Freddie Mac have been operating under a government conservatorship. The settlement resolves the United States’ contentions that PHH originated and sold loans to Freddie Mac and Fannie Mae that did not meet their requirements.
In addition, from at least 2005 to 2012, PHH was a VA approved lender, originating and underwriting mortgage loans and obtaining VA loan guarantees. The VA helps Servicemembers, Veterans, and eligible surviving spouses become homeowners by guaranteeing a portion of home loans. VA home loans are provided by certain pre-approved private lenders, including banks and mortgage companies. By guaranteeing a portion of the loan, the VA enables the lender to provide Servicemembers, Veterans, and eligible surviving spouses with loan terms that are more favorable than would otherwise be available in the marketplace. In order to qualify for a VA guarantee, borrowers must comply with VA loan requirements. The settlement resolves the United States’ claims and potential claims that PHH originated loans that it submitted for guarantee by the VA that did not meet the VA’s requirements.
Also, since at least January 2006, PHH has participated as a Direct Endorsement lender (DEL) in the FHA insurance program. A DEL has the authority to originate, underwrite, and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD, FHA’s parent agency, for the losses resulting from the defaulted loan. Under the DEL program, the FHA does not review a loan before it is endorsed for FHA insurance for compliance with FHA’s credit and eligibility standards, but instead relies on the efforts of the DEL to verify compliance. DELs are therefore required to follow program rules designed to ensure that they are properly underwriting and certifying mortgages for FHA insurance.
Between January 1, 2006, and December 31, 2011, PHH certified for FHA insurance mortgage loans that did not meet HUD underwriting requirements and did not adhere to FHA’s self-reporting requirements.
As a result of PHH’s conduct and omissions, PHH admitted, HUD insured loans endorsed by PHH that were not eligible for FHA mortgage insurance under the DEL program, and that HUD would not otherwise have insured. It admitted that HUD subsequently incurred substantial losses when it paid insurance claims on those loans.
“This case demonstrates HUD’s resolve in protecting the integrity of its mortgage insurance programs for the benefit of all Americans, and in particular, first time homebuyers,” said Dane Narode, HUD’s Associate General Counsel for Program Enforcement. “We are gratified that PHH has accepted responsibility for its actions.”
“This settlement resolves allegations of reckless origination and underwriting of VA guaranteed mortgage loans,” said Michael J. Missal, Inspector General, for the Office of Inspector General for the Department of Veteran Affairs (VA OIG). “It sends a clear message that the VA OIG will aggressively protect the integrity of this crucial program which helps so many of our veterans buy, build, or repair their homes. I would also like to thank the U.S. Attorney's Offices for partnering with us to achieve this significant result.”
Some of the allegations resolved by these settlements were made in a whistleblower lawsuit filed under the False Claims Act by a former employee of PHH, Mary Bozzelli against PHH Corp. and PHH Mortgage Corp. Under the False Claims Act, private citizens can sue on behalf of the government and share in any recovery. Ms. Bozzelli will receive $9,067,377.33 from the settlements.
The settlements were the result of joint investigations conducted by HUD, the HUD Office of Inspector General, the U.S. Department of Veteran Affairs' Office of Inspector General, the FHFA Office of Inspector General, the Department of Justice’s Civil Division, and the U.S. Attorney’s Offices for the Eastern District of New York, District of Minnesota, District of New Jersey, and Southern District of Florida. The qui tam action is captioned United States ex rel. Mary Bozzelli v. PHH Mortgage Corporation and PHH Corporation, 13-cv-3084 (E.D.N.Y.). The claims asserted against PHH are allegations only, and there has been no determination of liability.
The Eastern District of New York’s portion of the case was handled by Assistant United States Attorneys Matthew J. Mailloux, John Vagelatos and Orelia E. Merchant, and Affirmative Civil Enforcement Auditor Emily Rosenthal.
E.D.N.Y. Docket No. 13-CV-3084 (JFB)(GB)
Attachment(s):
Download Settlement Agreement EDNY
Download Settlement Agreement MN
Miami Resident Sentenced to 4 Years in Prison for Identity Theft Tax Fraud SchemeRead the Press Release
A Miami resident was sentenced to 48 months in prison, to be followed by three years of supervised release for possessing personal identifying information (PII) of other individuals and using the PII to file false tax returns.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, made the announcement.
Gregory Clermont, 25, of Miami, previously pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, on May 7, 2013, Clermont was in possession of official tax documents and handwritten lists of names, dates of birth, and social security numbers belonging to other individuals, as well as other handwritten notes relating to the filing of tax returns. Clermont was also in possession of a composition book containing the names, dates of birth, and social security numbers of approximately 140 individuals, three H&R Block debit cards in other people’s names, and a laptop that contained approximately 185 user identification numbers associated with the filing and attempted filing of tax returns through TurboTax online. Clermont admitted that he tried to file tax returns with almost all of the names in the composition book, but was notified that half of the people were deceased when he filed the returns.
Mr. Greenberg commended the investigative efforts of IRS-CI. This case was prosecuted by Assistant U.S. Attorney John P. Gonsoulin.
Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Miami-Dade Brothers Convicted of Offenses Involving Drug Trafficking, Firearms and Evidence TamperingRead the Press Release
Two Miami-Dade brothers pled guilty in federal court, on July 28, 2017, for their involvement in a drug trafficking scheme.
Benjamin G. Greenberg, Acting U.S. Attorney for the Southern District of Florida; Katherine Fernandez Rundle, State Attorney, Miami-Dade State Attorney’s Office; Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division; and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), made the announcement.
Michael Palermo, 29, pled guilty to maintaining a drug-involved premises, possessing with the intent to deliver controlled substances, possessing a firearm while a convicted felon, and possessing of a firearm in furtherance of a drug trafficking crime. He faces a maximum statutory sentence of life in prison.
According to the court record, including the agreed upon factual proffer, between February 25, 2017 and April 13, 2017, Michael Palermo used his residence to manufacture and sell controlled substances. On April 13, 2017, law enforcement executed a search warrant at his residence and recovered narcotics, United States currency, and multiple loaded firearms. Michael Palermo, a convicted felon, is prohibited from possessing a firearm.
Michael Palermo’s brother, Anthony Palermo, 27, pled guilty to tampering with documents or proceedings. Prior to law enforcement’s execution of the search warrant at Michael Palermo’s residence, video surveillance captured Anthony Palermo attempting to destroy evidence by flushing narcotics down the toilet. Anthony Palermo faces a maximum statutory sentence of twenty years in prison.
The defendants are scheduled to be sentenced before U.S. District Court Judge Ursula Ungaro on October 13, 2017.
Mr. Greenberg commends the investigative efforts of ATF and MDPD in relation to this matter. Mr. Greenberg also thanked the Miami-Dade State Attorney’s Office for their assistance. This case is being prosecuted by Special Assistant U.S. Attorney Marianne Curtis from the Miami-Dade State Attorney’s Office.
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 on http://pacer.flsd.uscourts.gov.
Miami-Dade Resident Convicted of Being a Felon in Possession of a FirearmRead the Press Release
The defendant discarded the firearm on school grounds
A Miami resident pled guilty in federal court on July 28, 2017, for being a felon in possession of a firearm.
Benjamin G. Greenberg, Acting U.S. Attorney for the Southern District of Florida; Katherine Fernandez Rundle, State Attorney, Miami-Dade State Attorney’s Office; Rodolfo Llanes, Chief, City of Miami Police Department (MPD); and Ian A. Moffett, Chief, Miami-Dade Schools Police Department, made the announcement.
Frederick Frazier, 22, pled guilty to being in possession of a firearm while a convicted felon. Frazier faces a maximum statutory sentence of ten years in prison. He is scheduled to be sentenced before U.S. District Court Judge Ursula Ungaro on October 13, 2017.
According to the court record, including the agreed upon factual proffer, on April 20, 2017, Frazier fled from law enforcement officers and discarded a loaded firearm on the property of Holmes Elementary School. The firearm was recovered by law enforcement. The defendant was a convicted felon and as such was legally prohibited from being in possession of the firearm.
Mr. Greenberg commends the investigative efforts of the MPD and Miami-Dade Schools Police Department. Mr. Greenberg also thanked the Miami-Dade State Attorney’s Office for their assistance. This case is being prosecuted by Special Assistant U.S. Attorney Marianne Curtis from the Miami-Dade State Attorney’s Office.
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 on http://pacer.flsd.uscourts.gov.
Martin County Resident Sentenced to Twenty Seven Years in Prison for Producing Child PornographyRead the Press Release
On August 3, 2017, a Martin County resident was sentenced to 27 years in prison for producing child pornography.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and William D. Snyder, Sheriff, Martin County Sheriff’s Office (MCSO), made the announcement.
On May 22, 2017, Darrell Mark Babcock, 33, of Stuart, Florida pleaded guilty to two counts of production of child pornography, in violation of Title 18, United States Code, Sections 2251(a) & (e). United States District Court Judge Kenneth A. Marra sentenced Babcock to a total of 27 years in prison, to be followed by a lifetime of supervised release and ordered the defendant to register as a sex offender.
According to the court record, following an investigation into an alleged domestic disturbance incident a federal search warrant was executed on Babcock’s cellular telephone. A forensic analysis of the telephone revealed numerous videos, created between August 19 and October 30, 2016, of Babcock and a 16-year-old minor female engaging in sexually explicit conduct.
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.
Mr. Greenberg commended the investigative efforts of the FBI and Martin County Sheriff’s Office for their work with this matter. This case was prosecuted by Assistant U.S. Attorney Carmen Lineberger.
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 on http://pacer.flsd.uscourts.gov.
Convicted Felon Pleads Guilty to Possessing and Selling Firearms and NarcoticsRead the Press Release
On July 28, 2017, a convicted felon from Miami-Dade pled guilty to selling firearms and narcotics.
Benjamin G. Greenberg, Acting U.S. Attorney for the Southern District of Florida; Katherine Fernandez Rundle, State Attorney, Miami-Dade State Attorney’s Office; Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division; and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), made the announcement.
Maxo Ducler, 34, of Miami, pled guilty to participating in a conspiracy to possess with the intent to deliver controlled substances, possession with the intent to deliver controlled substances, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime. Dulcer faces maximum statutory sentences of up to life in prison for the charges of conviction. Ducler is scheduled to be sentenced before U.S. District Court Judge Donald M. Middlebrooks on October 13, 2017.
According to the court record, including the agreed upon factual proffer, on February 28, 2017, Ducler sold cocaine; on March 8, 2017, he sold a loaded firearm and additional ammunition; and on March 22, 2017, he sold cocaine and a firearm. Widner Gabriel, 37, of Miami, was present for the March 22, 2017 firearm sale and helped Ducler to unload the firearm before the transaction was complete. On May 3, 2017, law enforcement executed a search warrant on the “stash house” used to facilitate the drug and firearm sales. Gabriel was found inside the stash house with the keys to the residence and approximately $3,000. Law enforcement seized four firearms, approximately two hundred rounds of ammunition and narcotics such as cocaine, fentanyl, MDMA, and Oxycodone from the stash house.
Gabriel pled guilty on July 12, 2017, to possession with the intent to deliver controlled substances, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime. Gabriel faces maximum statutory sentences of up to life in prison for the charges of conviction. He is scheduled to be sentenced before Judge Middlebrooks on September 12, 2017.
Mr. Greenberg commends the investigative efforts of the ATF and MDPD. Mr. Greenberg also thanked the Miami-Dade State Attorney’s Office for their assistance. This case is being prosecuted by Special Assistant U.S. Attorney Marianne Curtis from the Miami-Dade State Attorney’s Office.
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 on http://pacer.flsd.uscourts.gov.
Palm Beach County Sheriff’s Deputy Sentenced to 5 years in Prison for Aggravated Identity TheftRead the Press Release
A Palm Beach County Sheriff’s deputy was sentenced today to a total of 60 months in prison by United States District Judge Donald M. Middlebrooks after previously admitting to the Court that he had provided personally identifying information to another individual who used that information in an identity theft scheme.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Sean Scheller, Chief, Town of Lantana Police Department, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, made the announcement.
On March 23, 2017, Frantz Felisma, 42, of Boynton Beach, a deputy with the Palm Beach County Sheriff’s Office, initially pled guilty to access device fraud in connection with the identity theft scheme, in violation of Title 18, United States Code, Section 1029(a)(2) and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1) (Case No. 17-CR-80008). However, following his plea hearing Felisma moved to withdraw his guilty plea and the matter was set for trial. On June 29, 2017, in advance of the trial date, Felisma re-affirmed his guilt by pleading to the initial charges of conviction. Judge Middlebrooks sentenced Felisma to 36 months in prison for access device fraud and a consecutive term of 24 months in prison for aggravated identity theft. Following his release from incarceration, Felisma will be on supervised release for three years. Felisma was also ordered to pay $175,000 in restitution.
According to the court record, over the span of approximately eighteen months, Deputy Felisma used his police department issued laptop computer to access a law enforcement database in order to obtain personally identifying information (PII) belonging to numerous individuals. Felisma sold this information to his co-conspirator, who then used the identities of at least 15 of these victims to set up credit card and bank accounts, stealing tens of thousands of dollars in the names of the victims. Felisma’s criminal conduct caused between $150,000 and $250,000 in financial losses.
Mr. Greenberg commended the investigative efforts of ICE-HSI, the Lantana Police Department, IRS-CI and Palm Beach County Sheriff’s Office. This case was prosecuted by Assistant United States Attorneys Lauren Jorgensen and Rinku Tribuiani.
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 on http://pacer.flsd.uscourts.gov.
Miami Resident Sentenced to 15 Years in Prison for $23 Million Boiler Room Fraud SchemeRead the Press Release
On July 26, 2017, Craig Sizer, 49, of Miami, Florida, was sentenced by United States District Judge Marcia G. Cooke to 180 months in prison for orchestrating two investment fraud schemes that targeted elderly and unsophisticated investors throughout the nation and defrauded over 700 victims out of $23 million. Sizer previously pled guilty to one count of conspiracy to commit wire and mail fraud.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida and Special Agent in Charge George L. Piro for the Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
From April 2009 to August 2015, Sizer and his co-conspirators Keith Houlihan, 49, of Boca Raton, Miguel (“Mike”) Mesa, 57, of Miami Lakes, Charles K. Topping, 40, of North Bay Village, Anita Sgarro, 54, of Marina Del Ray, California, Charles David Smigrod, 69, of Coconut Grove, Matthew William Wheeler, 33, of Miami, James Wayne Long, 60, of Miramar, Jack Willard Sini, 58, of Pembroke Pines, Juan M. Perez Ortega 47, of Miami Lakes, Martin Miller, 75, of New Haven, Connecticut, Jason David Hershberger, 40, of Fort Lauderdale, and Shawna Leigh Lynch, 44, of Fort Lauderdale, used false and fraudulent claims to solicit investors throughout the United States to buy shares of stock in Sanomedics International Holdings, Inc. (“Sanomedics”), a company that sold non-contact infrared thermometers for home healthcare and for dogs.
Sales agents used sales pitches that included several materially false statements, including that: stock sales did not include commissions or fees; sales agents were compensated with stock or paid by the hour; the stock could be sold after six months; the sales agents worked directly for Sanomedics; stock purchases were safe and secure; and famous and wealthy individuals, such as former CEOs of Apple Inc., PepsiCo, and IVAX Corp., and the “Dog Whisperer,” were either heavily invested in the company or were company representatives. In truth, the co-conspirator sales agents worked for Mesa and Sgarro in two boiler rooms, not for Sanomedics. Investors were never able to sell their stock. Approximately 90% of investor proceeds were misappropriated by the co-conspirators to cover commissions and fees. The co-conspirator sales agents were not paid by the hour and did not receive stock options, but were in fact paid hefty commissions. Additionally, there were no actual endorsements by celebrities or wealthy individuals. The investors relied on the fraudulent statements. As a result of the scheme, the co-conspirators defrauded over 700 people out of approximately $21 million.
Also, from approximately August 2014 to August 2015, Sizer, Mesa, Topping, Smigrod, Wheeler, Long, Sini, Perez, and Miller used a fraud scheme, similar to the one described above, to sell shares of stock in Fun Cool Free (“FCF”), a company that claimed to own a smartphone gaming portfolio with over 500 gaming applications. Mesa oversaw the boiler room that was utilized to facilitate the fraudulent scheme. The co-conspirators used false claims, including assertions that they worked directly for the company and that FCF was partners with Apple Computers, to defraud over 70 other investors out of $1.5 million.
Seven of Sizer’s co-conspirators previously pled guilty and were sentenced for their role with the fraudulent schemes, including the former CEO of Sanomedics, Keith Houlihan, who was sentenced to 111 months in prison and the manager of the Miami boiler room, Mike Mesa, who was sentenced to 100 months in prison. Co-conspirators Topping, Sgarro, Smigrod, Wheeler, and Long were previously convicted at trial by a Miami federal jury and are awaiting sentencing.
Mr. Greenberg commends the investigative efforts of the FBI in this matter. Mr. Greenberg also thanked the Florida Office of Financial Regulation (OFR) for their assistance. This case was prosecuted by Assistant U.S. Attorney Roger Cruz and Trial Attorneys Ryan D. Tansey and Kevin B. Hart from the Antitrust Division of the U.S. Department of Justice.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. 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 on http://pacer.flsd.uscourts.gov.
Four South Florida Residents Guilty of Conspiring to Commit Sweepstakes Mail FraudRead the Press Release
Three Florida residents were found guilty by a Miami jury on July 26, 2017, for participating in a sweepstakes mail fraud scheme.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, made the announcement.
Matthew Pisoni, 44, of Fort Lauderdale, Marcus Pradel, 41, of Boca Raton, and Victor Ramirez, 37, of Aventura, were found guilty of conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 1349, after a five-week trial. Pisoni, Pradel and Ramirez face a maximum statutory penalty of twenty years in prison at their sentencing on October 13, 2017, at 9:30 a.m., before U.S. District Judge Gayles. John Leon, 49, of Wilton Manors, previously pleaded guilty to conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 371, and is scheduled to be sentenced on October 13, 2017.
The trial evidence established that the four defendants, Pisoni, Pradel, Ramirez and Leon, falsely notified individuals by mail that they had won a substantial prize. The letters the defendants sent fraudulently represented that the recipients needed to pay the defendants a fee ranging from $20 to $50 to redeem their purported winnings. During the course of the mail fraud conspiracy, more than one hundred thousand victims in the United States and abroad were fraudulently induced to pay the fees by the defendants’ misleading claims that they had won a prize. The fraudulent letters directed victims to pay the fees in cash or by check or money order payable to fictitious companies. The defendants then either processed the victims’ payments through independent payment processors or deposited them into shell bank accounts controlled directly and indirectly by the defendants and their co-conspirators. In total, over $25 million in victim payments went into the defendants’ and co-conspirators’ bank accounts.
Mr. Greenberg commended the investigative efforts of the IRS-CI, USPIS, Federal Trade Commission, the Aventura Police Department, and other local and international law enforcement agencies. The case is being prosecuted by Assistant U.S. Attorneys Elijah Levitt, and H. Ron Davidson.
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 on http://pacer.flsd.uscourts.gov.
Florida Return Preparer Pleads Guilty to Using Stolen IDs to File Fraudulent Tax ReturnsRead the Press Release
A Broward County, Florida tax return preparer pleaded guilty today to conspiring to file and filing fraudulent tax returns with the Internal Revenue Service (IRS), announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida.
According to documents filed with the court, Frantz Petit-Dos, 41, owned two tax preparation businesses in Lauderhill, Florida: Imperial Taxation and Multi-Services Corp. and Aleluya Universal Accounting Services Inc., with Luczor Fertilien, 39, and David Joseph, 37. From approximately 2010 through 2016, Petit-Dos, Fertilien and Joseph filed fraudulent returns for their clients seeking refunds to which the clients were not entitled, by reporting fictitious business income, fraudulent education and fuel tax credits and claiming deceased individuals as dependents. They also filed returns in the names of individuals whose identities had been stolen. Petit-Dos did not report the illegal proceeds he received from this scheme on his personal tax returns and admitted to causing a tax loss of more than $550,000. On July 14, Fertilien and Joseph pleaded guilty to their involvement in this scheme.
Petit-Dos is scheduled to be sentenced on Oct. 6 before U.S. District Court Judge William P. Dimitrouleas. He faces a statutory maximum sentence of five years in prison on the conspiracy count and a maximum sentence of three years in prison on the false return count. He also faces a period of supervised release, restitution and monetary penalties. Fertilien and Joseph are scheduled to be sentenced on Sept. 22.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Greenberg thanked special agents of IRS Criminal Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, who conducted the investigation, and Assistant U.S. Attorney Neil Karadbil and Assistant Chief Greg Tortella of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Florida Return Preparer Pleads Guilty to Using Stolen IDS to File Fradulent Tax ReturnsRead the Press Release
A Broward County, Florida tax return preparer pleaded guilty today to conspiring to file and filing fraudulent tax returns with the Internal Revenue Service (IRS), announced Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to documents filed with the court, Frantz Petit-Dos, 41, owned two tax preparation businesses in Lauderhill, Florida: Imperial Taxation and Multi-Services Corp. and Aleluya Universal Accounting Services Inc., with Luczor Fertilien, 39, and David Joseph, 37. From approximately 2010 through 2016, Petit-Dos, Fertilien and Joseph filed fraudulent returns for their clients seeking refunds to which the clients were not entitled, by reporting fictitious business income, fraudulent education and fuel tax credits and claiming deceased individuals as dependents. They also filed returns in the names of individuals whose identities had been stolen. Petit-Dos did not report the illegal proceeds he received from this scheme on his personal tax returns and admitted to causing a tax loss of more than $550,000. On July 14, Fertilien and Joseph pleaded guilty to their involvement in this scheme.
Petit-Dos is scheduled to be sentenced on Oct. 6 before U.S. District Court Judge William P. Dimitrouleas. He faces a statutory maximum sentence of five years in prison on the conspiracy count and a maximum sentence of three years in prison on the false return count. He also faces a period of supervised release, restitution and monetary penalties. Fertilien and Joseph are scheduled to be sentenced on Sept. 22.
Acting U.S. Attorney Greenberg and Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS Criminal Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, who conducted the investigation, and Assistant U.S. Attorney Neil Karadbil and Assistant Chief Greg Tortella of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
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 on http://pacer.flsd.uscourts.gov.
Miami Resident Sentenced to 54 Months in Prison for $1 Million Unemployment Fraud and Identity Theft SchemeRead the Press Release
Phyllistone Termine, 19, of Miami, was sentenced today by U.S. District Judge Joan Lenard of the Southern District of Florida, to 54 months in prison, to be followed by 3 years of supervised release, for his role in a scheme that used stolen identities to commit more than one million dollars of unemployment fraud.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Rafiq Ahmad, Special Agent in Charge, Atlanta Region, U.S. Department of Labor, Office of Inspector General (DOL-OIG), made the announcement.
Termine previously pled guilty to one count of use of one or more unauthorized access devices to obtain anything of value aggregating $1,000 or more, in violation of Title 18, United States Code, Section 1029(a)(2), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to the court documents, law enforcement identified an IP address connected to Termine’s residence that was used to access and file fraudulent unemployment benefit claims for more than 800 individuals, totaling $1,019,859, on the Florida Department of Employment and Opportunity’s online database between March 23, 2015, and March 7, 2016.
part of the investigation that followed, law enforcement executed a search warrant at Termine’s residence. Upon entering the home, law enforcement discovered Termine in his bedroom, wearing earbuds and writing his Summer 2016 fraud goals on a small notepad. The first line read “Buy 3 Phones, 1 clean 2 dirty’s” and “Buy online – Merrick BNK & CCVs.” CCVs are numeric fraud-prevention codes on credit cards that are used to help verify possession of your credit card. They can also be purchased from nefarious internet sources, in order for people to obtain stolen credit card data. On the bed next to Termine were three cellular phones and a laptop computer. Hidden between Termine’s mattress and box spring was a black case containing several debit and credit cards belonging to individuals who did not reside at Termine’s residence. Inside the black case were several white blank plastic cards with magnetic stripes that are used to make debit and credit cards. On the floor next to Termine’s bed was hardware used to encode the magnetic stripe on credit/debit cards.
Several victims whose credit or debit cards were found during the search also had their identities used to file for unemployment benefits using the IP Address at Termine’s home. Law enforcement spoke with many of these victims, all of whom confirmed that they had not filed unemployment claims within the last 5 years, did not authorize anyone else to, and did not know Termine nor authorize him to be in possession of their credit cards, debit cards, or other personal identifying information.
Mr. Greenberg commended the investigative efforts of DOL-OIG and the Social Security Administration, Office of Inspector General (SSA-OIG), who provided significant support to this investigation. This case was prosecuted by Assistant United States Attorney Anne P. McNamara.
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 on http://pacer.flsd.uscourts.gov.
Former Coral Springs Resident Sentenced to 87 Months in Prison for Access Device Fraud and Aggravated Identity TheftRead the Press Release
A former Coral Springs resident was sentenced to 87 months in prison for possession of fifteen or more unauthorized access devices, possession of device-making equipment, and aggravated identity theft.
Benjamin G. Greenberg, Acting United Attorney for the Southern District of Florida, Brian Swain, Special Agent in Charge, United States Secret Service (USSS), and Tony Pustizzi, Chief, Coral Springs Police Department, made the announcement.
In January 2017, Terrance Beron Sills, 28, pled guilty to one count of possession of fifteen or more unauthorized access devices, one count of possession of device-making equipment, and one count of aggravated identity theft. U.S. District Judge William P. Dimitrouleas sentenced Sills to a total of 87 months in prison. The sentence consisted of 63 months in prison for possession of fifteen or more unauthorized access devices and possession of device-making equipment, followed by a consecutive sentence of 24 months in prison for aggravated identity theft. This sentence will run consecutive to a sentence of 18 months in prison, previously imposed on Sills by Senior U.S. District Judge James I. Cohn for violating the conditions of his supervised release.
According to court documents, members of the Coral Springs Police Department discovered hundreds of printed pages containing personally identifiable information (PII) of other people, including driver’s license information, hospital records, and credit reports, in Sills’ apartment while responding to a reported domestic disturbance. When detectives subsequently executed a search warrant on the apartment, they discovered PII for more than 600 individuals. Additionally, detectives found a printer, embosser, and magnetic stripe writer/reader used to make counterfeit credit cards or identifications. Several weeks later, Sills was stopped by Ft. Lauderdale Police Department officers driving a car the trunk of which contained additional PII, blank plastic cards, and counterfeit driver’s licenses.
Mr. Greenberg commended the investigative efforts of the USSS and Coral Springs Police Department, including the work of the Task Force Officers. This case was prosecuted by Assistant U.S. Attorney Jared M. Strauss.
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 on http://pacer.flsd.uscourts.gov.
West Palm Beach Man Convicted of Conspiring with his Brother, a United States Postal Service Letter Carrier,Read the Press Release
Today, a federal jury convicted a West Palm Beach resident of conspiring with his brother, a United States Postal Service Letter Carrier, to commit access device fraud and aggravated identity theft.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Rafiq Ahmad, Special Agent in Charge, United States Department of Labor, Office of Inspector General (DOL-OIG), Maximo Eamiguel, Special Agent in Charge, U.S. Postal Service, Office of Inspector General (USPS-OIG), Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, and Cissy Proctor, Executive Director, Florida Department of Economic Opportunity (DEO), made the announcement.
Mikel Clotaire was convicted following a three-day trial in West Palm Beach, Florida of conspiring to commit access device fraud, access device fraud, and five counts of aggravated identity theft. Sentencing is scheduled for October 12, 2017, before United States District Court Donald M. Middlebrooks.
According to the court record, including evidence introduced at trial, Clotaire engaged in a scheme to obtain fraudulent re-employment benefits from DEO. Clotaire’s brother was working at the time as a letter carrier for the United States Postal Service in Palm Beach Gardens, Florida. At least eight fraudulent unemployment applications, using stolen identities, were then submitted to DEO and resulted in the issuance of Florida Visa debit cards. The debit cards were mailed through interstate commerce to the residential addresses on the postal route. The cards were ultimately transferred to Clotaire and at least two other co-conspirators and used to make withdrawals from ATMs. As a result of the fraudulent scheme, the State of Florida sustained approximately $25,000 in financial losses.
Mr. Greenberg commended the investigative efforts of the DOL-OIG, USPS-OIG, USPIS and DEO. This case is being prosecuted by Assistant U.S. Attorney Adam McMichael.
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 on http://pacer.flsd.uscourts.gov.
Two Broward County Residents Charged Federally for Being Felons in Possession of FirearmsRead the Press Release
Two Broward County residents have been charged federally with being felons in possession of firearms.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Scott Israel, Sheriff, Broward County Sheriff’s Office (BSO) announced that the federal arrests of the three individuals stem from a large-scale investigation into narcotics and illicit firearms sales in Broward County.
Marc Randall, 37, and Jonathan Newman, 27, both of Deerfield Beach, were each charged in separate criminal complaints with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g) (Case Nos. 17-6287-Valle and 17-6288, respectively). If convicted, the defendants each face a statutory maximum sentence of ten years in prison. Newman was also charged with possession of a controlled substance with intent to distribute, in violation of Title 21, United States Code, Section 841(a)(1). If convicted of the drug offense, Newman faces a maximum statutory maximum sentence of twenty years in prison.
According to court documents, including the criminal complaints, ATF engaged in a series of recorded firearms purchases from defendants Randall and Newman. On March 27, 2017, Randall sold a 9mm pistol to a confidential informant. Randall has three Broward County convictions for possession of cocaine with intent to distribute.
On February 27, 2017, Newman sold a .38 caliber revolver and crack cocaine to a confidential informant. On June 8, 2017, Newman sold the same informant a .45 caliber, semi-automatic pistol. Newman has been convicted of several felonies, including delivery of cocaine.
Mr. Greenberg commended the investigative efforts of ATF and BSO. These cases are being prosecuted by Assistant U.S. Attorney Anita White.
A criminal complaint is a formal charging document notifying the defendant of the charges. All persons charged by complaint 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 on http://pacer.flsd.uscourts.gov.
Government Contractor Sentenced to Life in Prison for Trafficking and Sexually Exploiting Minors AbroadRead the Press Release
Today, U.S. District Judge Robert N. Scola Jr., sentenced Christopher Rennie Glenn, a former government contractor with ties to West Palm Beach, Florida, to life in prison, after a federal jury convicted of him of sexually exploiting and trafficking in minors, while working overseas.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
“Christopher Glenn’s life sentence sends a clear message about our unwavering commitment to prosecute those who sexually exploit minors and prey on their vulnerability,” stated Acting U.S. Attorney Benjamin G. Greenberg. “International borders do not protect United States citizens who commit these crimes and victimize others. The tenacious work of our prosecutors and agents demonstrates that we will use the long-arm of our justice system to reach offenders abroad and hold them accountable in our courts.”
"The evil carried out by Christopher Glenn clearly justifies this sentence," said SAC George L. Piro. "So let the record show, those who prey on children and are within the grasp of US laws, we will look for you, investigate you and ultimately bring you to justice."
Glenn was previously convicted of eight out of ten charges submitted to the federal jury: one count of conspiracy to commit sex trafficking by fraud and of a minor in violation of Title 18, United States Code, Section 1594(c); one count of sex trafficking by fraud and of a minor, in violation of Title 18, United States Code, Section 1591(a)(1); four counts of attempting to engage in sex trafficking by fraud and of a minor, in violation of Title 18, United States Code, Section 1594(a); one count of traveling overseas with the intent to engage in illicit sexual conduct, in violation of Title 18, United States Code, Section 2423(b); one count of sexually assaulting a minor, in violation of Title 18, United States Code, Section 2243(a); and one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(A) (Case No. 15-CR-20632). Glenn was acquitted on the two remaining charges of conspiracy and sex trafficking. All of the charged conduct occurred outside of the United States, in either Iraq or Honduras, and largely while Glenn, a United States citizen, was working as a network system administrator contracted by the United States Department of Defense. Title 18, United States Code, Sections 1596, 3261, and 3271, provide for extraterritorial jurisdiction in the sex trafficking and child exploitation offenses charged.
Glenn engaged in an elaborate scheme to sexually exploit young girls between the ages of 13 and 16 years of age in 2010 and from 2012 through 2014 in Honduras, where he had moved to work at the U.S. Army Southern Command’s Joint Task Force Bravo, in Soto Cano Air Base. Evidence at trial revealed that Glenn, with the aid of coconspirators, fraudulently recruited young girls living in very poor rural villages to work as housekeepers at his home. In exchange, Glenn promised to pay a significant amount of money to the families. Shortly after the girls’ arrival to Glenn’s home in Honduras, he sexually assaulted the girls, or sought to “marry” the minors to engage in sexual acts with them. Some victims testified that Glenn gave them pills that made them sleepy and dizzy before engaging in sexual acts with them. A government expert witness testified that some pills seized by law enforcement from Glenn’s Honduras residence in March of 2014 were determined to be drugs that can be used as sedatives and date rape drugs. At trial, the Government also introduced evidence that Glenn had engaged in sexual acts with a minor female from Mexico beginning in 2002, when the minor was only 13-years-old. The minor resided with the defendant in California until 2006. In 2005, Glenn possessed electronic images of this sexual abuse in Iraq while working as a government contract worker. These images of child pornography were also recovered from Glenn’s residence in Honduras in 2014 and were the subject of the possession of child pornography charge.
Glenn was initially arrested in February 2014, and charged in the Southern District of Florida with national-security and espionage related violations (Case No. 14-CR-80031-Marra). In 2015, Glenn pled guilty to charges in that case and was sentenced to a ten-year term of imprisonment.
The child exploitation charges are the culmination of a three-year long investigation led by the FBI Miami Field Office’s Violent Crimes Against Children Squad. This case was prosecuted by Special Prosecutions Assistant United States Attorneys Barbara A. Martinez and Vanessa Singh Johannes from the United States Attorney’s Office for the Southern District of Florida and Trial Attorney Christian Ford from the Department of Justice’s Counterintelligence and Export Control Section.
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 on http://pacer.flsd.uscourts.gov.
Telecom Executive Pleads Guilty to FCPA Charge in Connection with Haitian Bribery SchemeRead the Press Release
The former general manager of a Miami-based telecommunications company pleaded guilty today for his role in a scheme to pay $3 million in bribes to various Haitian officials to secure a lucrative contract with Telecommunications D’Haiti (Haiti Teleco), the state-owned and state-controlled telecommunications company in Haiti.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge Kelly R. Jackson of Internal Revenue Service-Criminal Investigation’s (IRS-CI) Miami Field Office made the announcement.
Amadeus Richers, 66, of Brazil, pleaded guilty in federal court in Miami to count one of a second superseding indictment charging him with conspiracy to violate the Foreign Corrupt Practices Act (FCPA). According to admissions in the plea documents, beginning in 2001 and lasting until 2004, Richers and his co-conspirators paid roughly $3 million in bribes directly and indirectly to foreign officials employed by Haiti Teleco and to a foreign official in the executive branch of the Haitian government in order to secure a favorable contract and favorable treatment in connection with that contract from Haiti Teleco. The co-conspirators funneled some of the money through third-party intermediaries and paid other money directly to officials or relatives of officials, Richers admitted.
Richers is the ninth defendant to have pled guilty or to have been convicted at trial in this case. On April 27, 2009, Antonio Perez, a former controller at one of the Miami-based telecommunications companies, pleaded guilty to one count of conspiracy to violate the FCPA and money laundering. On May 15, 2009, Juan Diaz, the president of J.D. Locator Services, pleaded guilty to one count of conspiracy to violate the FCPA and money laundering. On Feb. 19, 2010, Jean Fourcand, the president and director of Fourcand Enterprises Inc., pleaded guilty to one count of money laundering for receiving and transmitting bribe monies in the scheme. On March 12, 2010, Robert Antoine, a former director of international affairs for Haiti Teleco, pleaded guilty to one count of conspiracy to commit money laundering. On Aug. 4, 2011, Joel Esquenazi and Carlos Rodriguez, who were the former president and vice-president, respectively, of one of the telecommunications companies, were convicted by a federal jury of one count of conspiracy to violate the FCPA and wire fraud, seven counts of FCPA violations, one count of money laundering conspiracy and 12 counts of money laundering. On Feb. 8, 2012, Patrick Joseph, a former executive director of Haiti Teleco, pleaded guilty to one count of conspiracy to commit money laundering. On March 12, 2012, Jean Rene Duperval, a former director of international relations for Haiti Teleco, was convicted by a federal jury of two counts of conspiracy to commit money laundering and 19 counts of money laundering.
Richers was indicted on July 12, 2011, but remained a fugitive until his arrest and ultimately his extradition from Panama on February 23. Richers will be sentenced on September 20.
The Department of Justice is grateful to the government of Haiti for continuing to provide substantial assistance in gathering evidence during this investigation. In particular, Haiti’s financial intelligence unit, the Unité Centrale de Renseignements Financiers (UCREF), the Bureau des Affaires Financières et Economiques (BAFE), which is a specialized component of the Haitian National Police, and the Ministry of Justice and Public Security provided significant cooperation and coordination in this ongoing investigation.
The Department of Justice also thanks Panama for its significant assistance in this matter.
IRS-CI is conducting the investigation. Senior Litigation Counsel Nicola Mrazek and Trial Attorney Vanessa Snyder of the Criminal Division’s Fraud Section are prosecuting the case. The Criminal Division’s Office of International Affairs provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
Nine Miami-Dade Assisted Living Facility Owners Sentenced to Federal Prison for Receipt of Health Care KickbacksRead the Press Release
Miami-Dade County assisted living facility owners, Marlene Marrero, 60, of Miami, Norma Casanova, 67, of Miami Lakes, Yeny De Erbiti, 51, of Miami, Rene Vega, 57, of Miami, Maribel Galvan, 43, of Miami Lakes, Dianelys Perez, 34, of Miami Gardens, Osniel Vera, 47, of Hialeah, Alicia Almeida, 56, of Miami Lakes, and Jorge Rodriguez, 57, of Hialeah, were sentenced to prison for receiving health care kickbacks. United States District Judge Marcia G. Cooke imposed sentences upon the nine defendants ranging from eight months to one year and one day, in prison. One assisted living facility owner, Blanca Orozco, 69, of Miramar, was sentenced to home confinement. In addition to their federal convictions, all ten defendants were also ordered to serve three years of supervised release, pay restitution and are subject to forfeiture judgments.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Pam Bondi, Florida Attorney General, Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
All ten defendants previously pled guilty to receipt of kickbacks in connection with a federal health care program, in violation of Title 42, United States Code, Section 1320a-7b(b)(1)(A). According to court documents, these assisted living facility owners conspired with the former owner of Florida Pharmacy to receive kickbacks and bribes in exchange for referring beneficiaries living in their facilities for prescription medication and durable medical equipment paid for by Medicare and Medicaid. The assisted living facility owners participated in the fraudulent scheme, in violation of their Medicaid provider agreement as well as federal and state anti-kickback rules and regulations.
Mr. Greenberg commended the investigative efforts of the Medicare Fraud Strike Force participating partners, including HHS-OIG, the State of Florida’s Medicaid Fraud Control Unit, and the FBI. The case was prosecution by Special Assistant United States Attorney Hagerenesh Simmons.
The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
In addition, HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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 on http://pacer.flsd.uscourts.gov.
New York Attorney Charged with Scheme to Fraudulently Register Shell Companies and Secretly Sell StockRead the Press Release
New York attorney was charged with conspiracy to unlawfully sell unregistered securities in connection with a scheme to fraudulently register shell companies with the U.S. Securities and Exchange Commission (SEC), issue shares in the companies that they and other conspirators secretly controlled, and sell the shares to the investing public at a profit. To date, seven defendants have been charged in connection with the ongoing prosecution of this scheme.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and George Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
David Lubin, 52, of West Hempstead, New York, was charged by criminal information with one count of conspiracy to unlawfully sell unregistered securities, in violation of Title 15, United States Code, Sections 77e(a)(1), 77e(a)(2), and 77x, and Title 17, Code of Federal Regulations, Section 230.144, all in violation of in violation of Title 18, United States Code, Section 371. Lubin faces a maximum statutory sentence of five years in prison and a fine up to $250,000 or double the proceeds of the offense. This matter is assigned to U.S. District Judge Marcia G. Cooke in Miami, Case No. 17-20508-CR-MGC.
Previously in related cases, Daniel McKelvey, 49, of Foster City, California, and Jeffrey L. Lamson, 51, of El Dorado Hills, California, were charged in Case No. 16-20546-CR-RNS; Steven Sanders, 73, of Lake Worth, Florida, and Alvin S. Mirman, 78, of Sarasota, Florida, were charged in Case No. 16-20572-CR-CMA; and, Sheldon Rose, 77, of Sarasota, and Ian Kass, 45, of Ft. Lauderdale, were charged in Case No. 16-20707-CR-JEM. All six of these defendants were convicted and sentenced to prison terms.
According to court documents, from early 2007 through at least 2014, Sanders, McKelvey, Mirman, and Rose would fraudulently create shell companies by filing documents with the SEC indicating that the companies were controlled by a nominee chief executive officer (CEO). The straw CEO would be listed as the owner of the control block of shares but in reality the companies were controlled by the principals. The control block of shares listed in the name of the officer were deemed restricted and could not be sold to the public. The principals would also list in SEC filings the names of various shareholders for each company to make it appear that these shares were owned by persons unaffiliated with the company. These shares would later become “free trading” and secretly sold to shell buyers. Using false and fraudulent documentation describing the companies’ business purpose and share ownership, the principals would then obtain approval for the shares of the companies to be sold publicly over the counter. Thereafter, the principals would sell the companies to shell buyers who would secretly obtain both the control shares and the purported “free trading” shares without disclosure of this common control and simultaneous sale to the SEC or the investing public. This would allow the shell buyers to engage in stock manipulation or pump and dump schemes using the “free trading” shares.
According to the charging information, Lubin was an attorney licensed to practice in New York and acted as a shell buyer, broker, and attorney for various shell companies involved in the scheme. In certain instances, Lubin also provided false and fraudulent opinion letters to make it appear that shares that were actually controlled by the principals were not owned by “affiliates,” and thus could be deemed unrestricted and available for sale to the investing public. In the case of one fraudulent shell entity, Entertainment Art, Inc. (EERT), in early 2009, Lubin participated in the sale of that entity to a co-conspirator, Conspirator A, but executed fraudulent documents to make it appear that only the restricted shares were sold to Conspirator A. Lubin also drafted and filed with the SEC various documents that falsely represented the nature and control of EERT’s shares, as well as the terms of the sale.
Conspirator A was sentenced to federal prison in approximately November 2010 in connection with a separate securities fraud scheme. Lubin, along with Sanders and McKelvey, assisted with the fraudulent re-sale of EERT on behalf of Conspirator A, including by causing false filings with the SEC. In approximately October 2012, EERT was sold to certain criminal actors and the entity name was later changed to Biozoom, Inc. (BIZM). The EERT purchasers and others used the fraudulently created “free trading” shares of BIZM to engaged in a pump and dump stock manipulation scheme, using the EERT shares that had previously been falsely and fraudulently sold by Lubin to Conspirator A and his co-conspirators.
The SEC today announced a parallel civil enforcement action against Lubin.
Mr. Greenberg commended the investigative efforts of the FBI’s Miami Field Office and Washington Field Office. Mr. Greenberg also thanked the SEC’s Washington Home Office and Miami Regional Office for their assistance. The SEC previously filed civil enforcement actions against McKelvey, Sanders, Mirman, Rose, Kass, and Lamson. This matter is being prosecuted by Assistant U.S. Attorneys Jerrob Duffy and Alison W. Lehr.
A criminal information merely contains allegations and a defendant is presumed innocent unless and 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 on http://pacer.flsd.uscourts.gov.
Miami Resident Indicted for Impersonating a Federal OfficerRead the Press Release
Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida; John Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS); and Thomas Robarge, Special Agent in Charge, Coast Guard Investigative Service (CGIS), made the announcement.
George I. Lopez, a/k/a “Ray Lo, Master Lo, and Israel Lo,” 46, of Bay Harbor, was indicted on July 13, 2017, with two counts of impersonation of an officer and employee of the United States, in violation of Title 18, United States Code, Section 912. According to the indictment, Lopez falsely represented himself to be a Master Sergeant in the U.S. Marine Corps and a Lieutenant in the U.S. Coast Guard in order to obtain things of value from a person who thought Lopez was helping her to join the military.
Mr. Greenburg commended the investigative efforts of DCIS and CGIS. The case is being prosecuted by Assistant U.S. Attorney Greg Schiller.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty in a court of law.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. 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 on http://pacer.flsd.uscourts.gov.
Former South Florida Postal Worker Pleads Guilty to Theft of MailRead the Press Release
A former United States postal worker has pled guilty to theft of mail she obtained from her delivery route in Hillsboro Beach, Florida.
Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida and Special Agent in Charge Maximo Eamiguel, United States Postal Service Office of Inspector General (USPS-OIG), Southern Area Field Office, made the announcement.
Charlene Joseph, 24, of Miami Gardens, pled guilty to one count of theft of mail by a postal employee. Sentencing is scheduled for September 26, 2017, before United States District Court Judge Beth Bloom. At sentencing, Joseph faces a statutory maximum of five years in prison.
According to court documents, including the agreed upon factual proffer, Joseph delivered and picked up mail on a route in Hillsboro Beach, beginning in 2015. In December 2015, Joseph stole four envelopes that had been placed in the outgoing mail slot of one of the condominium buildings along her route. The four envelopes contained Christmas cards with Walmart gift cards inside. Joseph unlawfully used three of the four Walmart gift cards at a Walmart store in Miramar. In addition, Joseph admitted to stealing approximately five credit cards from her delivery route to give another individual in exchange for payment. She personally used some of the stolen cards.
Mr. Greenberg commended the investigative efforts of the USPS-OIG in this matter. Assistant U.S. Attorney Jared M. Strauss is prosecuting this 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 on http://pacer.flsd.uscourts.gov.
Fifty-Two and Forty-Seven Year Prison Terms for Hialeah Residents Who Robbed Two Hialeah Jewelry Stores and Attempted to Rob a Third StoreRead the Press Release
A third defendant was sentenced to 4 years in prison
Three Hialeah residents were sentenced to prison terms after having been convicted by a federal jury of robbing two Hialeah jewelry stores and attempting to rob a third store.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Peter Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, and Sergio Velasquez, Chief, Hialeah Police Department (HPD), made the announcement.
Anibal Mustelier, 67, Jose Pineda Castro, 28, and Yamile Diaz Bernal, 29, all of Hialeah, were convicted of conspiracy to commit Hobbs Act Robberies. Mustelier and Pineda Castro were also convicted of two counts of Hobbs Act Robbery, one count of attempted Hobbs Act Robbery, and two counts of brandishing a firearm in furtherance of a violent crime. Mustelier, a convicted felon and formerly one of FBI’s most wanted individuals, with prior pending federal indictments from 1996, was also convicted of felon in possession of a firearm and ammunition.
U.S. District Judge Frederico A. Moreno sentenced Mustelier to a total of 624 months’ imprisonment; Castro to a total of 572 month’s imprisonment; and Bernal to a total of 51 months’ imprisonment.
According to the court record, including evidence presented at trial, between May 30, 2015 and August 8, 2016, Mustelier, Pineda Castro and his wife Diaz Bernal conspired to and robbed two jewelry stores in Hialeah, Florida. A third robbery attempt failed when Pineda Castro accidently cut the electricity to the shopping center.
The defendants would monitor the jewelry stores for months, including surveilling the store security features, in order to plan the robberies. Once they were ready to carry out the robbery, they would break into the adjacent business the night before the planned robbery. They would then carve out a hole from the adjacent business wall and prepare to enter the jewelry store once the employees arrived the following morning. At that time, they would bust through the drywall wearing ski masks and wielding guns. They would handcuff the employees and place all of the jewelry in large duffle bags. Just before they left the store with the jewelry, they would take the video recordings and exit through the same adjacent business wall. A confidential informant broke the case by recording Pineda Castro and Diaz Bernal discussing their participation in the prior jewelry store robberies. In these conversations, they implicated Mustelier as Pineda Castro’s mentor in committing robberies.
Law enforcement was able to independently corroborate Pineda Castro and Diaz Bernal’s admissions. In addition, unbeknownst to Pineda Castro, he also led law enforcement to the doorsteps of his mentor, Mustelier. There, law enforcement found, among other things, ski masks, guns, handcuffs and the jewelry belonging to two jewelry stores that had been robbed as part of this ongoing conspiracy.
Mr. Greenberg commended the investigative efforts of ATF and HPD. This case was prosecuted by Assistant U.S. Attorneys Rilwan Adeduntan and Miesha Shonta Darrough.
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 on http://pacer.flsd.uscourts.gov.
Hialeah Police Department Officer Sentenced to Five Years on Corruption, Access Device, and Identity Fraud ChargesRead the Press Release
Raul Castellon, 38, of the Hialeah Police Department, and Neilin Gonzalez Diaz, 32, of Hialeah, were sentenced today in Miami, Florida, by U.S. District Court Judge Federico A. Moreno of the Southern District of Florida, to 60 months and 81 months in prison, respectively, with an order for forfeiture and restitution in the amount of $64,500 to follow. Castellon and Gonzalez Diaz previously pled guilty to corruption, access device fraud, and identity theft charges.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI) and Peter Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, made the announcement.
According to court documents, from on or about June 1, 2016, and continuing through on or about October 19, 2016, Castellon used his position as a law enforcement officer to access a confidential database and take screen shots from the database, which contained personal identifying information of other persons. Castellon sent over 25 screen shots depicting the personal identifying information of unsuspecting victims to Gonzalez Diaz in exchange for gifts. Gonzalez Diaz used the confidential information received from Castellon to assume the identities of the victims and fraudulently obtain merchandise from retail stores throughout Florida.
As a result of this matter, the Hialeah Police Department terminated Castellon’s employment as an officer.
Mr. Greenberg commended the investigative efforts of the FBI, including the Miami Area Corruption Task Force, ATF, Miami-Dade Police Department, and Hialeah Police Department. This case was prosecuted by Assistant U.S. Attorney Daniel Cervantes.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida atwww.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Hedge Fund Employee and Law School Graduate Convicted in Fraud, Aggravated Identity Theft, and Money Laundering SchemeRead the Press Release
On Friday, July 14, 2017, a federal jury in Miami convicted Gerti Muho, 33, of Ridgewood, New York, for devising and executing a three-year fraud scheme that targeted various banks, lenders, and companies, including his former New York-based hedge fund employer and numerous real person victims.
Benjamin Greenberg, Acting U.S. Attorney for the Southern District of Florida; Antonio J. Gomez, Postal Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division; Philip Bartlett, Special Agent in Charge, U.S. Postal Inspection Service, New York Division; George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; and John Brooks, Chief, Sunrise Police Department, made the announcement.
Following a three-week trial before U.S. District Judge Beth Bloom, a jury convicted Muho of 40 counts of bank and wire fraud, aggravated identity theft, and money laundering. Sentencing is scheduled before Judge Bloom on September 26, 2017 at 2:00 p.m.
According to the court record, Muho, a 2012 University of California Berkeley, School of Law graduate, was fired during May 2013 from his position at an international hedge fund company in New York. Thereafter, Muho absconded with a copy of all data and information on the company’s computer server, began creating numerous Delaware-based shell companies, and quickly attempted to syphon millions of dollars from various hedge fund bank accounts.
The evidence at trial showed that, during August 2013, after submitting a series of U.S. Securities and Exchange Commission and other corporate documents and materials, Muho falsely and fraudulently induced a bank in Monaco to wire him over $2 million. Thereafter, Muho fled to South Florida and quickly utilized the funds for his own personal use and benefit, including to gamble, shop, and purchase a new 2013 Maserati vehicle and an ocean-view downtown Miami condo. Muho also created and utilized various aliases and obtained driver’s licenses and identification cards from various states in order escape a civil judgment emanating from the Southern District of New York and further his fraud scheme. During 2014, Muho fraudulently obtained a $500,000 business loan, utilizing his Miami condo as collateral, which he promptly used to gamble, shop, and travel. During early 2015, Muho traded in his 2013 Maserati and also fraudulently obtained a $30,000 vehicle loan in order to purchase a new 2015 Jaguar vehicle. Utilizing the personal identifying and financial information of various employees, former interns, and others associated with his former employer, Muho unlawfully obtained and created additional fake identification cards and drivers licenses. He also fraudulently opened various bank accounts in Miami-Dade and Broward counties and created and cashed over $70,000 in false and fraudulent checks. Muho also falsely and fraudulently applied for another $250,000 in credit cards and vehicle, business, and student loans with numerous banks and other lenders. During 2016, facing eviction from his Miami condo, Muho fled South Florida and was ultimately arrested in Ridgewood, New York.
Mr. Greenberg commends the investigative efforts of the USPIS, FBI, and Sunrise Police Department in this matter. Mr. Greenberg also thanked the U.S. Attorney’s Office for the Eastern District of New York for their assistance. This case is being prosecuted by Assistant U.S. Attorneys Sean T. McLaughlin and Matthew Langley.
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 on http://pacer.flsd.uscourts.gov.
Public School Assistant Principal Sentenced to 58 Months in Prison and 25 Years of Supervised Release for Child Pornography OffensesRead the Press Release
Donald Paul Clippinger, 49, of Miami, was sentenced on July 14, 2017, to 58 months in prison and 25 years of supervised release, by U.S. District Judge Cecilia M. Altonaga, after having pleaded guilty to three counts of accessing with intent to view child pornography. Clippinger was also ordered to register as a sex offender upon his release from prison.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.
According to court documents, ICE-HSI’s Miami Field Office received information from the agency’s Phoenix Field Office that Clippinger had accessed child pornography on three separate dates in November 2015, using a video conferencing software application. On January 31, 2017, agents with ICE-HSI’s Miami Field Office Miami, assisted by the Florida Department of Law Enforcement (FDLE), executed a federal search warrant at Clippinger’s residence. Clippinger used the computer that law enforcement recovered from his residence to access and view child pornography through the video conferencing software.
the time of his arrest, Clippinger was an Assistant Principal at the Fienberg-Fisher K-8 Center, a Miami-Dade County public school.
Mr. Greenberg commended the investigative efforts of ICE-HSI’s Miami and Phoenix Field Offices. Mr. Greenberg also thanked FDLE for their assistance with this matter. This case was prosecuted by Assistant U.S. Attorney Daniel Cervantes.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.
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 on http://pacer.flsd.uscourts.gov.
Florida Return Preparers Plead Guilty to Using Stolen IDs to File Fraudulent Tax ReturnsRead the Press Release
Two Broward County, Florida tax return preparers pleaded guilty today to conspiring to file and filing fraudulent tax returns with the Internal Revenue Service (IRS), announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida.
According to documents filed with the court, Luczor Fertilien, 39, and David Joseph, 37, owned two tax preparation businesses in Lauderhill, Florida: Imperial Taxation and Multi-Services Corp. and Aleluya Universal Accounting Services Inc. From approximately 2010 through 2016, Fertilien and Joseph filed fraudulent returns for their clients seeking refunds to which the clients were not entitled, by reporting fictitious business income, fraudulent education and fuel tax credits and claiming deceased individuals, whose identities were stolen, as dependents. They also filed returns in the names of individuals whose identities had been stolen. Fertilien and Joseph did not report the illegal proceeds they received from this scheme on their personal tax returns and each admitted to causing a tax loss of more than $550,000.
Sentencing is scheduled for Sept. 22 before U.S. District Court Judge William P. Dimitrouleas. Fertilien and Joseph face a statutory maximum sentence of five years in prison on the conspiracy count and a maximum sentence of three years in prison on the false return count. The defendants also face a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Greenberg thanked special agents of IRS Criminal Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, who conducted the investigation, and Assistant U.S. Attorney Neil Karadbil and Assistant Chief Greg Tortella of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Florida Return Preparers Plead Guilty to Using Stolen Ids to File Fraudulent Tax ReturnsRead the Press Release
Two Broward County, Florida tax return preparers pleaded guilty today to conspiring to file and filing fraudulent tax returns with the Internal Revenue Service (IRS), announced Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to documents filed with the court, Luczor Fertilien, 39, and David Joseph, 37, owned two tax preparation businesses in Lauderhill, Florida: Imperial Taxation and Multi-Services Corp. and Aleluya Universal Accounting Services Inc. From approximately 2010 through 2016, Fertilien and Joseph filed fraudulent returns for their clients seeking refunds to which the clients were not entitled, by reporting fictitious business income, fraudulent education and fuel tax credits and claiming deceased individuals, whose identities were stolen, as dependents. They also filed returns in the names of individuals whose identities had been stolen. Fertilien and Joseph did not report the illegal proceeds they received from this scheme on their personal tax returns and each admitted to causing a tax loss of more than $550,000.
Sentencing is scheduled for Sept. 22 before U.S. District Court Judge William P. Dimitrouleas. Fertilien and Joseph face a statutory maximum sentence of five years in prison on the conspiracy count and a maximum sentence of three years in prison on the false return count. The defendants also face a period of supervised release, restitution and monetary penalties.
Acting U.S. Attorney Greenberg and Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS Criminal Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, who conducted the investigation, and Assistant U.S. Attorney Neil Karadbil and Assistant Chief Greg Tortella of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
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 on http://pacer.flsd.uscourts.gov.
Doctor Pleads Guilty in Multi-Million Dollar Health Care Fraud and Money Laundering Scheme Involving Sober Homes and Alcohol and Drug Addiction Treatment CentersRead the Press Release
A doctor pled guilty for his participation in a multi-million dollar health care fraud and money laundering scheme that involved the filing of fraudulent insurance claim forms and defrauded health care benefit programs.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI); Dave Aronberg, State Attorney, Palm Beach County State Attorney’s Office; Jeff Atwater, Florida Chief Financial Officer; William D. Snyder, Sheriff, Martin County Sheriff's Office; George L. Dorsett, Assistant Inspector General for Investigations, Amtrak Office of Inspector General; Rafiq Ahmad, Special Agent in Charge, United States Department of Labor, Office of Inspector General (DOL-OIG); Isabel Colon, Regional Director, United States Department of Labor, Employee Benefits Security Administration (DOL-EBSA); Dennis Russo, Director of Operations, National Insurance Crime Bureau (NICB); Ric Bradshaw, Sheriff, Palm Beach County Sheriff's Office (PBSO); Bryan Kummerlen, Chief, West Palm Beach Police Department; Jeffrey S. Goldman, Chief, Delray Beach Police Department; Pam Bondi, Florida Attorney General; and Scott Rezendes, Special Agent in Charge, Office of Personnel Management, Office of Inspector General (OPM-OIG); made the announcement.
Joaquin Mendez, 52, of Miramar, pled guilty to one count of conspiracy to commit health care fraud, in violation of Title 18, United States Code, Section 1347; all in violation of Title 18, United States Code, Section 1349.
Co-defendants Kenneth Chatman, Fransesia Davis, and Michael Bonds established sober homes which were purportedly in the business of providing safe and drug-free residences for individuals suffering from drug and alcohol addiction. To obtain residents for the sober homes, members of the conspiracy provided kickbacks and bribes, in the form of free or reduced rent and other benefits, to individuals with insurance who agreed to reside at the sober homes, attend drug treatment, and submit to regular drug testing that members of the conspiracy could bill to the residents’ insurance plans. Although the sober homes were purportedly drug-free residences, some of the defendants permitted the residents to continue using drugs as long as they attended treatment and submitted to drug testing.
The co-defendants referred the sober homes’ residents who had insurance to treatment centers that purportedly offered clinical treatment services for persons suffering from alcohol and drug addiction. Defendant Chatman hired doctors, including defendant Mendez, to serve as medical directors of his treatment centers. As medical director, Mendez was purportedly responsible for evaluating patients and prescribing medically necessary treatment and testing. Instead of Mendez using his medical expertise and his individual assessments of patients to decide what type of laboratory testing was needed by each patient, co-defendant Chatman dictated the type and frequency of different types of lab testing that would be performed based upon the kickbacks and bribes that he was receiving from different clinical laboratories. Mendez facilitated this testing by signing doctor’s orders for urine drug tests and certificates of medical necessity for saliva drug tests, although Mendez had never seen some of the patients. Mendez knew that insurance claims for the medically unnecessary tests that he prescribed would be submitted to the patients’ insurance companies. When he examined treatment center patients, Mendez billed those patients’ insurance plans using procedure codes that reflected more complex and lengthier examinations than Mendez actually performed.
Mendez faces a maximum of ten years’ imprisonment. Sentencing is scheduled for September 27, 2017 at 10:00 a.m.
Mr. Greenberg commended the investigative efforts of the Greater Palm Beach Health Care Fraud Task Force. Agencies of the task force include the FBI, IRS-CI, the Palm Beach County State Attorney's Office Sober Homes Task Force, Florida Division of Investigative and Forensic Services, Martin County Sheriff's Office, Amtrak OIG, DOL-OIG, DOL-EBSA, National Insurance Crime Bureau, Palm Beach County Sheriff's Office, West Palm Beach Police Department, Delray Beach Police Department, Florida Attorney General Office of Statewide Prosecution, and OPM-OIG. The cases are being prosecuted by Assistant United States Attorney A. Marie Villafaña.
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 on http://pacer.flsd.uscourts.gov.
Bahamian National Charged with Bringing Aliens into the United StatesRead the Press Release
On July 11, 2017, a Bahamian national was charged with bringing aliens into the United States at a place other than a designated port of entry.
Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida, and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), made the announcement.
Raymond Abdul Pritchard, 43, of the Bahamas, is charged by indictment with bringing aliens into the United States at a place other than a designated port of entry, in violation of Title 8, United States Code, Sections 1324(a)(1)(A)(i) and (B)(i), and with illegal reentry into the United States by an aggravated felon, in violation of Title 8, United States Code, Sections 1326(a) and (b)(2). The indictment also charges Andy Jackson Mitchell, 51, of Trinidad, Kelvin Everett Esteen, 66, of Jamaica, and Devon Rankin, a/k/a “Raylon Etheridge,” 48, of Jamaica, with illegal reentry into the United States, in violation of Title 8, United States Code, Sections 1326(a) and (b)(2).
According to the court docket, including a criminal complaint and indictment, on June 27, 2017, a Fort Lauderdale Police Marine Unit officer noticed a privately owned open fishing vessel coming in from the ocean that was unusually low in the water. The captain appeared to be having trouble steering the vessel. The Marine Unit officer attempted to pull over the vessel and the vessel sped off to the Sails Marina. Upon arriving at the marina, the vessel docked and individuals who had been aboard the vessel were apprehended, including Mitchell, Esteen and Rankin. Pritchard was determined to have been driving the vessel.
Pritchard is alleged to have brought Mitchell, Esteen and Rankin and an individual with the initials “D.A.J.,” into the United States, at a place other than as designated by the Secretary of Homeland Security, knowing that they were aliens. It is further alleged that Pritchard brought the aliens to the United States for financial gain.
Mr. Greenberg commends the investigative efforts of ICE-HSI and thanks the assistance of U.S. Customs and Border Protection. This case is being prosecuted by Assistant U.S. Attorney Jennifer Keene.
A criminal complaint and indictment merely contain accusations. A defendant is 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 on http://pacer.flsd.uscourts.gov.
Seventy-Seven Charged in Southern District of Florida as Part of Largest Health Care Fraud Action in Department of Justice HistoryRead the Press Release
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health & Human Services, Miami Regional Office, Office of Inspector General (HHS-OIG); and Pam Bondi, Florida Attorney General; announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. In the Southern District of Florida a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud.
Acting U.S. Attorney Benjamin G. Greenberg said, “Health care fraud schemes have real, long-term consequences for our South Florida community. Patients are being denied the quality of care that they deserve, doctors are turning a blind eye to their oaths, and taxpayer money is being diverted into the pockets of the greedy. Today’s announcement highlights South Florida’s united and ongoing law enforcement effort, culminating in charges against more than twenty percent of the national defendants, to thwart evolving schemes and combat the unlawful distribution of opioids and prescriptions drugs.
“The number of arrests are staggering and the dollar losses immense,” said Tim Langan, Acting Special Agent in Charge, FBI Miami. “These health care fraudsters, driven by greed, sought to cheat their way to riches by bilking millions of dollars from Medicare and other health care programs. The victims are U.S. taxpayers. The FBI and our law enforcement partners will investigate and criminally prosecute such fraud to the fullest extent of the law.”
“Those who betray patients and commit health care fraud by either distributing or receiving thinly veiled bribes, steal from taxpayers and corrupt the integrity of our health care system,” said Special Agent in Charge Shimon R. Richmond, HHS OIG Miami. “This takedown reflects the dedication of OIG and our law enforcement partners to bring such fraudsters to justice.”
Florida Attorney General Pam Bondi stated, “This massive fraud takedown targeted people abusing our health care industry and, in some cases, profiting from patients trying to recover from opioid addiction. The arrests and recoveries announced today should serve as a warning to anyone scheming to commit health care fraud that we will find them and they will be held accountable."
The following are some of the cases included in the takedown:
SOBER HOMES FRAUD
1. United States v. Eric Snyder and Christopher Fuller, Case No 17-MJ-8268-Brannon
Eric Snyder, 30, of Delray Beach, Florida, an owner of sober homes and addiction treatment facilities, and patient broker Christopher Fuller, 32, of West Palm Beach, Florida, are charged in a criminal complaint with conspiracy to commit health care fraud for their involvement in a scheme to illegally recruit patients, pay kickbacks and defraud health care benefit programs.
According to the criminal complaint, Snyder established a sober home, Halfway There Florida, LLC (HWT), also known as A Safe Place LLC, in Palm Beach County, Florida, which was purportedly in the business of providing a safe and drug-free residence for individuals suffering from drug and alcohol addiction. The defendants referred the sober home’s residents to a treatment center, Real Life Recovery Delray, LLC, (RLR), which was also owned by Eric Snyder. This treatment center purportedly offered clinical treatment services for persons suffering from alcohol and drug addiction.
According to the criminal complaint, to obtain patients for the sober home and treatment center (collectively “HWT/RLR”), Synder and other members of the conspiracy provided kickbacks and bribes, in the form of free or reduced rent, airline tickets, and other benefits, to individuals who agreed to reside at the sober homes, attend drug treatment therapy sessions, and submit to regular drug testing that members of the conspiracy could bill to the residents’ insurance plans. These patient brokers, including Fuller, were also paid kickbacks themselves by Snyder and others for referring patients to HWT/RLR for purported treatment.
According to the criminal complaint, fraudulent billings were submitted by HWT/RLR for services that were not medically necessary and/or were never provided. Licensed health professionals who used to work at HWT/RLR describe treatment conducted by unqualified and non-licensed employees, and billings for treatment that never occurred. The licensed professionals were asked to sign for and/or backdate this treatment as though they had conducted it. In addition, licensed professionals at HWT/RLR were asked to complete intake forms and other documents for patients that they had not seen. In some instances, services were billed for residents who left the sober homes and were no longer receiving treatment at the treatment centers. In other instances, patients were billed for therapy sessions they never attended, and therapy sign-in sheets and other documents fraudulently reflected that these patients attended these sessions, when they did not. The defendants provided services meant solely to maximize insurance reimbursements, such as expensive urine drug screens. HWT/RLR fraudulently used urine drug screens as a profit-machine, including splitting samples to send them to different laboratories, improper duplicate testing, and fraudulently double billing for tests for the same patients at both HWT and RLR. In addition, samples were fraudulently comingled prior to testing to prevent identical test results from exposing the scheme. After a search warrant was executed at a different treatment facility in Palm Beach County, in September 2014, Snyder and others attempted to stop or modify these illegal practices, and evidence of this wrongful conduct was removed and destroyed.
Mr. Greenberg commends the investigative efforts of the Greater Palm Beach County Health Care Fraud Task Force. Agencies of the task force that assisted with this matter include the FBI, Internal Revenue Service, Criminal Investigation (IRS-CI), Amtrak Office of Inspector General (Amtrak-OIG), U.S. Department of Labor Employee Benefits Security Administration (DOL), U.S. Office of Personnel Management Office of Inspector General (OPM-OIG), Palm Beach County State Attorney’s Office Sober Home Task Force, Palm Beach County Sheriff's Office, Delray Beach Police Department, Martin County Sheriff’s Office and the National Insurance Crime Bureau (NICB). The case is being prosecuted by Assistant United States Attorney James V. Hayes.
DRUG AND PHARMACY FRAUD SCHEMES – Medicare Part D
2. United States v. Orlando Bustabad, et al., Case No. 17-20441-CR-Moore
Orlando Bustabad, 61, Orlando Olver Bustabad, 31, Idilsis Manresa, 30, Sara Fernandez Escobar, 61, Mirtha Carrion Jimenez, 58, Alejandro Mena, 21, and Alejandro Sierra, 47, all of Miami, Florida, are charged by indictment with conspiracy to commit health care fraud and health care fraud. Orlando Bustabad and Orlando Olver Bustabad are also charged with aggravated identity theft.
According to the indictment, Orlando Bustabad and his son Orlando Olver Bustabad were the true owners of eight pharmacies located in Miami Dade County, namely, Med Solution Pharmacy, 17th Street Pharmacy, Rapid Pharmacy, Euro Pharmacy, A&B Pharmacy, Maxi Pharmacy, Mariposa Pharmacy, and 49th Street Pharmacy. Orlando Bustabad and Orlando Olver Bustabad operated these pharmacies under their own names or enlisted co-conspirators Manresa, Escobar, Jimenez, Mena, and Sierra to appear as owners. These pharmacies purportedly provided prescription drugs to Medicare beneficiaries. From February 2013 until June 2017, the defendants submitted and caused the submission of approximately $10,183,031 in claims for reimbursement to the Medicare Part D program, via interstate wires, that falsely and fraudulently represented that various health care benefits, primarily prescription drugs, were medically necessary, prescribed by a doctor, and had been provided by the pharmacies. As a result of such false and fraudulent claims, Medicare prescription drug plan sponsors made payments funded by the Medicare Part D Program to the corporate bank accounts of the eight pharmacies in the approximate amount of $4,649,743.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant United States Attorney Christopher J. Clark.
3. United States v. Victor Rocha, Case No. 17-20409-CR-Altonaga
Victor Rocha, 49, of Miami Lakes, Florida, was charged by indictment with six counts of health care fraud. The indictment charges Rocha with falsely and fraudulently submitting medical claims for prescription medications for reimbursement to Medicare Part D from September 2012 through May 2013, through his pharmacy, Med Express Pharmacy Discount, Inc. The Indictment charges that the claims were for prescription medications that were not provided and/or not medically necessary.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney James V. Hayes.
4. United States v. Alejandro Hernandez Rios, Case No. 17-20442-CR-Ungaro
Alejandro Hernandez Rios, 35, of Miami, Florida, was charged by indictment with five counts of health care fraud. The indictment charges Rios with falsely and fraudulently submitting medical claims for prescription medications for reimbursement to Medicare Part D from June through September 2014, through his pharmacy Independence Pharmacy and Discount, Inc. The indictment charges that the claims were for various prescription medications that were not provided and/or not medically necessary.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney James V. Hayes.
5. United States v. Pedro Mangano, Case No. 17-20408-CR-Martinez
Pedro Mangano, 52, of Miami, Florida, was charged by indictment with ten counts of Medicare fraud. The indictment alleges Mangano was the owner and operator of PVRX Pharmacy, located in Miami, Florida. Between March 2014 and June 2017, Mangano’s pharmacy submitted fraudulent claims for allegedly dispensing drugs to Medicare beneficiaries that the pharmacy never had in inventory to begin with. As part of the scheme, Mangano paid patient recruiters for fraudulent scripts used to defraud the Medicare Part D program. The fraudulent claims resulted in overpayments exceeding $1.1 million.
Mr. Greenberg commends the investigative efforts of HHS-OIG. This case is being prosecuted by Assistant United States Attorney Jon Juenger.
6. United States v. William Salazar Ortega, et al., Case No. 17-20454-CR-Gayles
On June 28, 2017, William Salazar Ortega and Oscar Alonso Gonzalez were indicted in connection with their roles at Latin Pharmacy, a pharmacy that defrauded Part D of the Medicare program of $2.38 million by billing for expensive prescription medications that were not prescribed to patients; were not necessary; and were not purchased. Salazar was the nominee owner of the pharmacy, and Gonzalez was its true owner. Each defendant was charged with one count of conspiracy to commit health care fraud and wire fraud and four counts of health care fraud. Gonzalez is also charged with one count of money laundering.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Fraud Section Trial Attorney Timothy Loper.
7. United States v. Yara Suarez, et al., Case No. 17-20453-CR-Moreno
On June 29, 2017, Yara Suarez, Jesus Sanchez, Anthony Moya and Yoel Concepcion were indicted in connection with their roles at Albe Pharmacy, a pharmacy that defrauded Part D of the Medicare program of $3.4 million by billing for expensive prescription medications that were not prescribed to patients; were not necessary; and were not purchased. Sanchez and Suarez were the owners of the pharmacy, and are each charged with one count of conspiracy to commit health care fraud and wire fraud, three counts of health care fraud and one count of conspiracy to commit money laundering. Moya and Concepcion owned and controlled shell corporations through which over $380,000 of the fraud proceeds were laundered. Moya and Concepcion are each charged with one count of conspiracy to commit money laundering and three counts of substantive money laundering.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Fraud Section Trial Attorney Timothy Loper.
8. United States v. Lisbet Cordova, Case No. 17-20450-CR-Cooke
On June 29, 2017, Lisbet Cordova, the owner of Jalvarez Pharmacy, Inc. (“Jalvarez”) was indicted on four counts of health care fraud. Through Jalvarez, Cordova billed Medicare, pursuant to Part D of the Medicare program, for prescriptions that were not medically necessary, prescribed or dispensed to Medicare beneficiaries. As part of the scheme, Jalvarez submitted approximately $730,000 in fraudulent claims to Medicare.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Fraud Section Attorneys Alexander Kramer and Yisel Valdes.
PRESCRIPTION DRUG DIVERSION
9. United States v. Jose De Jesus Rodriguez, Case No. 17-20486-CR-Scola
Jose De Jesus Rodriguez, 47, of Miami, Florida, was charged by indictment with one count of conspiracy to unlawfully distribute prescription drugs and three substantive counts of improperly distributing prescription drugs, also referred to as prescription drug diversion. The indictment charges Rodriguez with illegally distributing millions of dollars’ worth of prescription medications from August 2011 through March 2015.
Mr. Greenberg commends the investigative efforts of the U.S. Food and Drug Administration’s (FDA) Office of Criminal Investigations (OCI), and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney James V. Hayes.
10. United States v. Reynaldo Ocana, Case No. 17-MJ-02939-Otazo-Reyes
Reynaldo Ocana, 46, of Miami, Florida, was charged by criminal complaint with improperly distributing prescription drugs, also referred to as prescription drug diversion. The criminal complaint charges Ocana with illegally diverting prescription drugs in August 2016.
Mr. Greenberg commends the investigative efforts of HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney James V. Hayes.
HOME HEALTH CARE FRAUD – Medicare Part A
11. United States v. Hector Fajardo Ramirez, Case No. 17-20301-CR-Moreno
Hector Fajardo Ramirez, 48, of Miami, Florida, was charged by indictment with six counts of health care fraud. The indictment charges that Ramirez falsely and fraudulently submitted medical claims for home health therapy for reimbursement to Medicare from February through July 2015, through his clinic Longevity Home Health Services, Inc. The indictment charges Ramirez with submitting claims for home health services that were not medically necessary and not provided.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney James V. Hayes.
12. United States v. Duniesky Cruz and Carlos Gomez Bravo, Case No. 17-20401-CR-Scola
Duniesky Cruz, 50, of Miami, Florida, the owner of home health agency Life & Hope Healthcare, Inc., and an employee Carlos Gomez Bravo, 33, of Miami, Florida, were charged by indictment with conspiracy to defraud the United States and pay health care kickbacks and payment of kickbacks in connection with a federal health care program. The charges stem from their involvement in a home health fraud scheme involving kickback payments to patient recruiters, patients, and clinic owners in exchange for patient referrals and prescriptions.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant United States Attorney Michael E. Gilfarb.
13. United States v. Vilma Alonso, Case No. 17-20468-CR-Ungaro
Vilma Alonso, 57, of Hialeah, Florida, an employee of South Florida Physician Care Network was charged by indictment with participating in a conspiracy to defraud the United States. Alonso was charged with conspiring with others to unlawfully enrich themselves by, among other things, submitting and causing the submission of false and fraudulent claims to Medicare and concealing the submission of false and fraudulent claims to Medicare. Alonso allegedly did this by causing the issuance of home health prescriptions that were not medical necessary and by paying recruiters for the referral of Medicare beneficiaries for home health services.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant United States Attorney Michael E. Gilfarb.
14. United States v. Maria Blanco, Case No. 17-20474-CR-Williams
Maria Blanco, 50 of Cape Coral, Florida, was charged by information with five counts of receiving kickbacks in connection with a federal health care program. The information charges Blanco with receiving approximately $8,500 in kickbacks on at least five occasions in 2014.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney Michael B. Nadler.
15. United States v. Enrique Vilarello, et al., Case No. 17-20482-CR-Williams
On July 7, 2017, Enrique Vilarello and Alberto Ordaz were each indicted on one count of conspiracy to pay and receive illegal kickbacks. Ordaz was also indicted on two counts of receipt of kickbacks in connection with a federal health care program. The charges stem from their roles as patient recruiters, paying illegal kickbacks to obtain medical prescriptions from clinics and receiving illegal bribes for referring patients to pharmacies, and home health agencies in and around Miami, Florida. Several of these entities, such as Merfi and City Center, are now defunct as a result of their owners being charged and pleading guilty to multi-million dollar fraud schemes.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Trial Attorney Angela Adams.
16. United States v. Juan Rodriguez, Case No. 17-20347-CR-Scola
On May 25, 2017, Juan Rodriguez, President and Director of Good Home Care, Inc., a now-defunct home health agency located in Miami, Florida, was indicted on five counts of health care fraud for his role in a $4 million scheme. Good Home allegedly billed Medicare for home health services that were never prescribed by a licensed physician or provided to Medicare beneficiaries.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Trial Attorney David Snider.
17. United States v. Jesus Escobar Montero, Case No. 17-20439-CR-Williams
On June 22, 2017, Jesus Escobar Montero, President and Director of Better Care Home Health Services, Inc., a now-defunct home health agency located in Sunrise, Florida, was indicted on four counts of health care fraud for his role in a nearly $1 million scheme. The charges arise from Montero’s ownership of Better Care, which billed Medicare for home health services that were never prescribed by a licensed physician or provided to Medicare beneficiaries.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Trial Attorney David Snider.
18. United States v. Carlos Barroso, et al., Case No. 17-20432-CR-Martinez
On June 22, 2017, Carlos Barroso, Andres Perez, Rolando Perez and Reiniel Garcia were indicted in connection with their roles at Sweet Home Health, Inc., a home health agency that defrauded Part A of the Medicare program of $8.4 million by billing for home health services that were not prescribed to patients; were not necessary; and were not rendered. Barroso was the owner of Sweet Home Health and was charged with seven counts of health care fraud, as well as one count of conspiracy to commit money laundering. A. Perez, R. Perez and Garcia owned and controlled shell corporations through which the fraud proceeds were laundered. They are each charged with one count of conspiracy to commit money laundering, three counts of money laundering and three counts of structuring to avoid reporting requirements.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Fraud Section Trial Attorney Timothy Loper.
19. United States v. Jhony A. Alfau, et al, Case No. 17-20452-CR-Ungaro
On June 29, 2017, Jhony A. Alfau, Hector J. Garcia, and Sergio E. Santana were indicted on one count of conspiracy to commit health care and wire fraud, one count of conspiracy to make false statements relating to health care matters, and one count of making false statements relating to health care matters.The charges stem from the defendants’ role in a $50 million scheme to defraud Medicare where they falsely and fraudulently certified they provided home health care physical and occupational therapy services to Medicare beneficiaries, when in fact, they had not done so.
Mr. Greenberg commends the investigative assistance of the FBI and HHS-OIG. This case is being prosecuted by Fraud Section Attorneys Yisel Valdes and Alexander Kramer.
20. United States v. Ernesto Velasquez, Case No. 17-20462-CR-Martinez
On July 5, 2017, Ernesto Velasquez, was charged by information with one count of conspiracy to commit health care fraud. The charge stems from the defendant’s role as an employee of staffing agencies that sought to defraud the United States by billing Medicare for providing licensed physical and occupational therapy to home bound patients when, in fact, they had not rendered the services. As part of the scheme, these alleged services were billed to Medicare with a loss of over $3 million.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Fraud Section Attorneys Alexander Kramer and Yisel Valdes.
21. United States v. Suley Cao, Case No. 17-20451-CR-Martinez
On June 29, 2017, Suley Cao, the owner and operator of Good Friends Services, Inc. (“Good Friends”), a home health agency, was indicted on five counts of health care fraud; one count of conspiracy to defraud the United States and pay Health Care Kickbacks; and two counts of payment of kickbacks in connection with a federal health care benefit program. The charges stem from Cao’s role as owner and operator of Good Friends, which fraudulently billed Medicare for approximately $3,017,276.89 for home health services that involved a scheme whereby Good Friends made kickback payments to induce the referral of Medicare beneficiaries.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Fraud Section Attorneys Alexander Kramer and Yisel Valdes.
22. United States v. Rafael Arias et al., Case No. 17-MJ-02962-Garber
On July 13, 2017, Rafael Arias, Aylen Gonzalez, Ana Gabriela Mursuli Caballero, and Rafael Cabrera were charged by criminal complaint with conspiracy to commit health care fraud for their roles in an approximately $6 million Medicare fraud scheme involving various home health agencies in and around Miami, Florida. Arias was alleged to be the true owner of multiple home health agencies, such as Nestor’s Health Services, Inc. Arias hid the fact of his true ownership and instead directed others, like Cabrera, to fraudulently represent themselves as owners to Medicare, which allowed them to obtain Medicare provider numbers and submit claims for services purportedly provided to Medicare beneficiaries even though many of the services were medically unnecessary or were obtained as a result of illegal bribes and kickbacks. Gonzalez and Caballero were patient recruiters who facilitated kickback schemes with Arias by referring patients to home health agencies operated by Arias in exchange for bribes and kickbacks. Gonzalez and Caballero also purchased medically unnecessary prescriptions from fraudulent medical clinics. Caballero also owned and operated City of Angels Home Health Care LLC, a home health agency that she used to bill Medicare for home health services that were medically unnecessary or were obtained as a result of illegal bribes and kickbacks.
Mr. Greenberg commends the investigative efforts of the FBI. The case is being prosecuted by Fraud Section Trial Attorney Angela Adams.
ASSISTED LIVING FACILITY FRAUD
23. United States v. Bertha Blanco, Case No. 17-MJ-02949-Garber
On July 11, 2017, Bertha Blanco, who was employed for approximately 30 years by the State of Florida’s Agency for Health Care Administration (AHCA), was charged by complaint with bribery of a program receiving federal funds. AHCA is responsible for administering the Medicaid program in Florida, and is tasked with regulating and licensing health care facilities in Florida, including skilled nursing facilities (SNFs) and assisted living facilities (ALFs). The charge alleges that Blanco solicited and received cash bribes from Medicare and Medicaid providers in exchange for providing them with confidential, nonpublic AHCA reports and information, including patient complaints and the unannounced inspection schedules of AHCA surveyors. This information was ultimately used by the purchasers, some of whom were owners of skilled nursing facilities (SNFs) and assisted living facilities (ALFs), to fabricate and falsify medical paperwork and to temporarily remedy deficiencies so that AHCA would not discover lapses in patient care and revoke the licenses of these facilities. The owners of these SNFs and ALFs then submitted false and fraudulent claims to Medicare and Medicaid for patients named in the complaints and inspection reports sold to them by Blanco.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being handled by Trial Attorneys David Snider, Elizabeth Young and Drew Bradylyons.
CLINICS, MANAGED CARE, MEDICARE ADVANTAGE FRAUD –
Medicare Part C
24. United States v. Beatriz Carrasco, Case No. 17-20464-CR-Ungaro
On July 6, 2017, Beatriz Carrasco, 49, of Hialeah, Florida was charged by information with one count of conspiracy to commit health care fraud and wire fraud. The information charges Carrasco, a Florida licensed insurance agent, with conspiring to enroll others into Medicare Advantage plans and Florida Medicaid. These individuals resided in Nicaragua, outside of the Medicare Advantage plans coverage area. As a result of Carrasco’s and her co-conspirator’s actions, Medicare and the Florida Medicaid program paid over $1,013,244 in monthly capitation payments and premiums on behalf of individuals residing in Nicaragua, who were otherwise ineligible to receive these benefits.
Mr. Greenberg commends the investigative efforts of the FBI, HHS-OIG and the State of Florida Medicaid Fraud Control Unit. This case is being prosecuted by Special Assistant U.S. Attorney Hagerenesh Simmons from the Florida Attorney General’s Office, Medicaid Fraud Control Unit.
25. United States v. Greesy Misuraca, Case No. 17-20461-CR-Scola
On July 5, 2017, Greesy Misuraca, a licensed therapist, was charged by information with one count of conspiracy to commit health care fraud. The charge stems from the defendant’s alleged role in billing Medicare for licensed physical and occupational therapy that was given to home bound patients when, in fact, she did not provide the therapeutic services. As part of the scheme, these alleged services were billed to Medicare with a loss of over $650,000.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. The case is being prosecuted by Fraud Section Attorneys Alexander Kramer and Yisel Valdes.
PRIVATE INSURANCE FRAUD (Non-Medicare)
26. United States v. Leopoldo Becerra, Case No. 17-20470-CR-Moreno
Leopoldo Becerra, 50, of Miami, Florida was charged by indictment one count of health care fraud. The indictment charges Becerra with using Doctor Jalal Taslimi Medical Center, Inc., to falsely and fraudulently submit medical claims for reimbursement to Blue Cross Blue Shield of Florida from November 25, 2014 through May 25, 2015. The indictment charges Becerra with submitting fraudulent claims for beneficiaries purportedly receiving various injections.
Mr. Greenberg commends the investigative efforts of the FBI. This case is being prosecuted by Assistant U.S. Attorney Michael B. Nadler.
27. United States v. Jorge A. Gonzalez and Lazaro La Paz Paz,
Case No. 17-20440-CR-Martinez
Jorge A. Gonzalez, 50, of Miami, Florida and Lazaro La Paz Paz, 50, of Hialeah, Florida are charged by indictment with one count of conspiracy to commit health care fraud and wire fraud. The indictment charges Gonzalez and La Paz Paz with using two companies, Xtra Health Center, Inc & Gold Medical Center, Inc, and fraudulently representing that medical services were prescribed by doctors and provided to private insurance beneficiaries by these businesses. Gonzalez and La Paz Paz then falsely and fraudulently submitted these medical claims for reimbursement to Blue Cross Blue Shield of Florida from April 2014 through February 2015.
Mr. Greenberg commends the investigative efforts of the FBI. This case is being prosecuted by Assistant U.S. Attorney Michael B. Nadler.
TRICARE FRAUD – Military Insurance
28. United States v. Michael Shane Matthews, Case No. 17-20463-CR-Gayles
On July 6, 2017, Michael Shane Matthews, 47, of Newberry, Florida, was charged by information with causing the misbranding of drugs while held for sale.
Mr. Greenberg commends the investigative efforts of Defense Criminal Investigative Service (DCIS), Southeast Field Office, U.S. Food and Drug Administration’s (FDA) Office of Criminal Investigations (OCI), the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit, and HHS-OIG. This case is being prosecuted by Assistant United States Attorney Kevin J. Larsen.
29. United States v. Asciano Serna, Case No. 17-20484-CR-Altonaga
On July 7, 2017, Asciano Serna, owner and operator of ASC Pharmacy, Inc., was charged by information with one count of conspiracy to commit health care fraud. The charge arises from Serna’s role in a compounding pharmacy scheme at ASC Pharmacy involving the submission of at least $3.4 million of false and fraudulent claims to private insurance companies, Medicare, TRICARE, and other federal programs.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant United States Attorney Jon Juenger and Trial Attorney David Snider.
UNLICENSED MONEY TRANSMITTING AND MONEY LAUNDERING
30. United States v. Yisel Torres, Case No. 17-20477-CR-Moreno
Yisel Torres, 31, of Cape Coral, Florida was charged by information with one count of participating as an unlicensed money transmitter. The information charges Torres with cashing several checks totaling $135,000 from on or about May 22, 2014, through on or about March 11, 2015. The proceeds that Torres cashed were used to pay cash kickbacks to Medicare beneficiaries that were enrolled in R&N Professional Services.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney Michael B. Nadler.
31. United States v. Angel Rivero, Case No. 17-20475-CR-Cooke
Angel Rivero, 43, of Miami, Florida was charged by information with one count of participating as an unlicensed money transmitter. The information charges Rivero with cashing several checks totaling $100,000 from on or about May 22, 2014, through on or about March 11, 2015. The proceeds that Rivero cashed were used to pay cash kickbacks to Medicare beneficiaries that were enrolled in Happy Heart Home Health Care.
Mr. Greenberg commends the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney Michael B. Nadler.
32. United States v. Yailyn Marimon, et al., Case No. 17-20492-CR-Martinez
On July 11, 2017, Yailyn Marimon and Yamilka Echeverria were indicted in connection with their roles laundering money four Orlando-area medical clinics stole from Part C of the Medicare program. The Clinics, which were owned by Yosbel Marimon – the defendants’ brother and ex-husband, respectively – billed Medicare for $13.8 million of expensive infusion therapy drugs and physical therapy that were not medically necessary, and were never provided. On June 26, 2017, Yosbel Marimon was sentenced to 90 months’ imprisonment for his role in the scheme. The indictment alleges that Yailyn Marimon and Yamilka Echeverria laundered over $2 million of the fraud proceeds through shell companies they owned and controlled. Each defendant was charged with one count of conspiracy to commit money laundering and one count of substantive money laundering.
Mr. Greenberg commends the investigative efforts of HHS-OIG. The case is being prosecuted by Fraud Section Trial Attorney Timothy Loper.
If convicted of a charged offense, a defendant faces a possible maximum statutory sentence of: five years in prison for participating in a conspiracy (to defraud the United States by paying and receiving health care kickbacks or by unlawfully distributing prescription drugs), in violation of Title 18, United States Code, Section 371; twenty years in prison for mail fraud, in violation of Title 18, United States Code, Section 1341; twenty years in prison for wire fraud, in violation of Title 18, United States Code, Section 1343; ten years in prison for health care fraud, in violation of Title 18, United States Code, Section 1347; twenty years for conspiracy to commit health care fraud and wire fraud, in violation of Title 18, United States Code, Section 1349; twenty years for money laundering or conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956; and ten years in prison for money laundering, in violation of Title 18, United States Code, Section 1957; and five years in prison for conducting an unlicensed money transmitting business, in violation of Title 18, United States Code, Section 1960(b)(2). In addition, a defendant may be subject to one year in prison for misbranding a drug held for sale, in violation of Title 21, United States Code, Sections 331(t) (prescription drug marketing violations are subject to a maximum penalty of ten years in prison, in accordance with Title 21, United States Code, Sections 333(b)(1)(D), and 353(e)(1)(A)) and five years in prison for payment and receipt of kickbacks in connection with a federal health care program, in violation of Title 42, United States Code, Section 1320a. Furthermore, if convicted of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A, a defendant faces a mandatory consecutive term of two years in prison.
A criminal complaint, information or federal indictment is a charging instrument containing allegations. 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 on http://pacer.flsd.uscourts.gov.
National Health Care Fraud Takedown Results in Charges against over 412 Individuals Responsible for $1.3 Billion in Fraud LossesRead the Press Release
Largest Health Care Fraud Enforcement Action in Department of Justice History
WASHINGTON – Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.
Attorney General Sessions and Secretary Price were joined in the announcement by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Director Andrew McCabe of the FBI, Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA), Inspector General Daniel Levinson of the HHS Office of Inspector General (OIG), Chief Don Fort of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Deputy Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS).
Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.
charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 91 Americans die every day of an opioid related overdose.
“Too many trusted medical professionals like doctors, nurses, and pharmacists have chosen to violate their oaths and put greed ahead of their patients,” said Attorney General Sessions. “Amazingly, some have made their practices into multimillion dollar criminal enterprises. They seem oblivious to the disastrous consequences of their greed. Their actions not only enrich themselves often at the expense of taxpayers but also feed addictions and cause addictions to start. The consequences are real: emergency rooms, jail cells, futures lost, and graveyards. While today is a historic day, the Department's work is not finished. In fact, it is just beginning. We will continue to find, arrest, prosecute, convict, and incarcerate fraudsters and drug dealers wherever they are.”
“Healthcare fraud is not only a criminal act that costs billions of taxpayer dollars - it is an affront to all Americans who rely on our national healthcare programs for access to critical healthcare services and a violation of trust,” said Secretary Price. “The United States is home to the world’s best medical professionals, but their ability to provide affordable, high-quality care to their patients is jeopardized every time a criminal commits healthcare fraud. That is why this Administration is committed to bringing these criminals to justice, as President Trump demonstrated in his 2017 budget request calling for a new $70 million investment in the Health Care Fraud and Abuse Control Program. The historic results of this year’s national takedown represent significant progress toward protecting the integrity and sustainability of Medicare and Medicaid, which we will continue to build upon in the years to come.”
According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
“This week, thanks to the work of dedicated investigators and analysts, we arrested once-trusted doctors, pharmacists and other medical professionals who were corrupted by greed,” said Acting Director McCabe. “The FBI is committed to working with our partners on the front lines of the fight against heath care fraud to stop those who steal from the government and deceive the American public.”
“Health care fraud is a reprehensible crime. It not only represents a theft from taxpayers who fund these vital programs, but impacts the millions of Americans who rely on Medicare and Medicaid,” said Inspector General Levinson. “In the worst fraud cases, greed overpowers care, putting patients’ health at risk. OIG will continue to play a vital leadership role in the Medicare Fraud Strike Force to track down those who abuse important federal health care programs.”
“Our enforcement actions underscore the commitment of the Defense Criminal Investigative Service and our partners to vigorously investigate fraud perpetrated against the DoD's TRICARE Program. We will continue to relentlessly investigate health care fraud, ensure the taxpayers' health care dollars are properly spent, and endeavor to guarantee our service members, military retirees, and their dependents receive the high standard of care they deserve,” advised Deputy Director Mayo.
“Last year, an estimated 59,000 Americans died from a drug overdose, many linked to the misuse of prescription drugs. This is, quite simply, an epidemic,” said Acting Administrator Rosenberg. “There is a great responsibility that goes along with handling controlled prescription drugs, and DEA and its partners remain absolutely committed to fighting the opioid epidemic using all the tools at our disposal.”
“Every defendant in today’s announcement shares one common trait - greed,” said Chief Fort. “The desire for money and material items drove these individuals to perpetrate crimes against our healthcare system and prey upon many of the vulnerable in our society. Thanks to the financial expertise and diligence of IRS-CI special agents, who worked side-by-side with other federal, state and local law enforcement officers to uncover these schemes, these criminals are off the street and will now face the consequences of their actions.”
The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
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For the Strike Force locations, in the Southern District of Florida, a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud. In one case, the owner and operator of a purported addiction treatment center and home for recovering addicts and one other individual were charged in a scheme involving the submission of over $58 million in fraudulent medical insurance claims for purported drug treatment services. The allegations include actively recruiting addicted patients to move to South Florida so that the co-conspirators could bill insurance companies for fraudulent treatment and testing, in return for which, the co-conspirators offered kickbacks to patients in the form of gift cards, free airline travel, trips to casinos and strip clubs, and drugs.
In the Eastern District of Michigan, 32 defendants face charges for their alleged roles in fraud, kickback, money laundering and drug diversion schemes involving approximately $218 million in false claims for services that were medically unnecessary or never rendered. In one case, nine defendants, including six physicians, were charged with prescribing medically unnecessary controlled substances, some of which were sold on the street, and billing Medicare for $164 million in facet joint injections, drug testing, and other procedures that were medically unnecessary and/or not provided.
In the Southern District of Texas, 26 individuals were charged in cases involving over $66 million in alleged fraud. Among these defendants are a physician and a clinic owner who were indicted on one count of conspiracy to distribute and dispense controlled substances and three substantive counts of distribution of controlled substances in connection with a purported pain management clinic that is alleged to have been the highest prescribing hydrocodone clinic in Houston, where approximately 60-70 people were seen daily, and were issued medically unnecessary prescriptions for hydrocodone in exchange for approximately $300 cash per visit.
In the Central District of California, 17 defendants were charged for their roles in schemes to defraud Medicare out of approximately $147 million. Two of these defendants were indicted for their alleged involvement in a $41.5 million scheme to defraud Medicare and a private insurer. This was purportedly done by submitting fraudulent claims, and receiving payments for, prescription drugs that were not filled by the pharmacy nor given to patients.
In the Northern District of Illinois, 15 individuals were charged in cases related to six different schemes concerning home health care services and physical therapy fraud, kickbacks, and mail and wire fraud. These schemes involved allegedly over $12.7 million in fraudulent billing. One case allegedly involved $7 million in fraudulent billing to Medicare for home health services that were not necessary nor rendered.
In the Middle District of Florida, 10 individuals were charged with participating in a variety of schemes involving almost $14 million in fraudulent billing. In one case, three defendants were charged in a $4 million scheme to defraud the TRICARE program. In that case, it is alleged that a defendant falsely represented himself to be a retired Lieutenant Commander of the United States Navy Submarine Service. It is alleged that he did so in order to gain the trust and personal identifying information from TRICARE beneficiaries, many of whom were members and veterans of the armed forces, for use in the scheme.
In the Eastern District of New York, ten individuals were charged with participating in a variety of schemes including kickbacks, services not rendered, and money laundering involving over $151 million in fraudulent billings to Medicare and Medicaid. Approximately $100 million of those fraudulent billings were allegedly part of a scheme in which five health care professionals paid illegal kickbacks in exchange for patient referrals to their own clinics.
In the Southern Louisiana Strike Force, operating in the Middle and Eastern Districts of Louisiana as well as the Southern District of Mississippi, seven defendants were charged in connection with health care fraud, wire fraud, and kickback schemes involving more than $207 million in fraudulent billing. One case involved a pharmacist who was charged with submitting and causing the submission of $192 million in false and fraudulent claims to TRICARE and other health care benefit programs for dispensing compounded medications that were not medically necessary and often based on prescriptions induced by illegal kickback payments.
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In addition to the Strike Force locations, today’s enforcement actions include cases and investigations brought by an additional 31 U.S. Attorney’s Offices, including the execution of search warrants in investigations conducted by the Eastern District of California and the Northern District of Ohio.
In the Northern and Southern Districts of Alabama, three defendants were charged for their roles in two health care fraud schemes involving pharmacy fraud and drug diversion.
In the Eastern District of Arkansas, 24 defendants were charged for their roles in three drug diversion schemes that were all investigated by the DEA.
In the Northern and Southern Districts of California, four defendants, including a physician, were charged for their roles in a drug diversion scheme and a health care fraud scheme involving kickbacks.
In the District of Connecticut, three defendants were charged in two health care fraud schemes, including a scheme involving two physicians who fraudulently billed Medicaid for services that were not rendered and for the provision of oxycodone with knowledge that the prescriptions were not medically necessary.
In the Northern and Southern Districts of Georgia, three defendants were charged in two health care fraud schemes involving nearly $1.5 million in fraudulent billing.
In the Southern District of Illinois, five defendants were charged in five separate schemes to defraud the Medicaid program.
In the Northern and Southern Districts of Indiana, at least five defendants were charged in various health care fraud schemes related to the unlawful distribution and dispensing of controlled substances, kickbacks, and services not rendered.
In the Southern District of Iowa, five defendants were charged in two schemes involving the distribution of opioids.
In the Western District of Kentucky, 11 defendants were charged with defrauding the Medicaid program. In one case, four defendants, including three medical professionals, were charged with distributing controlled substances and fraudulently billing the Medicaid program.
In the District of Maine, an office manager was charged with embezzling funds from a medical office.
In the Eastern and Western Districts of Missouri, 16 defendants were charged in schemes involving over $16 million in claims, including 10 defendants charged as part of a scheme involving fraudulent lab testing.
In the District of Nebraska, a dentist was charged with defrauding the Medicaid program.
In the District of Nevada, two defendants, including a physician, were charged in a scheme involving false hospice claims.
In the Northern, Southern, and Western Districts of New York, five defendants, including two physicians and two pharmacists, were charged in schemes involving drug diversion and pharmacy fraud.
In the Southern District of Ohio, five defendants, including four physicians, were charged in connection with schemes involving $12 million in claims to the Medicaid program.
In the District of Puerto Rico, 13 defendants, including three physicians and two pharmacists, were charged in four schemes involving drug diversion, Medicaid fraud, and the theft of funds from a health care program.
In the Eastern District of Tennessee, three defendants were charged in a scheme involving fraudulent billings and the distribution of opioids.
In the Eastern, Northern, and Western Districts of Texas, nine defendants were charged in schemes involving over $42 million in fraudulent billing, including a scheme involving false claims for compounded medications.
In the District of Utah, a nurse practitioner was charged in connection with fraudulently obtaining a controlled substance, tampering with a consumer product, and infecting over seven individuals with Hepatitis C.
In the Eastern District of Virginia, a defendant was charged in connection with a scheme involving identify theft and fraudulent billings to the Medicaid program.
In addition, in the states of Arizona, Arkansas, California, Delaware, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, New York, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont and Washington, 96 defendants have been charged in criminal and civil actions with defrauding the Medicaid program out of over $31 million. These cases were investigated by each state’s respective Medicaid Fraud Control Units. In addition, the Medicaid Fraud Control Units of the states of Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, New York, North Carolina, Ohio, Texas, and Utah participated in the investigation of many of the federal cases discussed above.
The cases announced today are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices of the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois and the Middle District of Florida; and agents from the FBI, HHS-OIG, Drug Enforcement Administration, DCIS and state Medicaid Fraud Control Units.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty.
Additional documents related to this announcement will shortly be available here: https://www.justice.gov/opa/documents-and-resources-july-13-2017.
This operation also highlights the great work being done by the Department of Justice’s Civil Division. In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2.5 billion in judgements and settlements related to matters alleging health care fraud.
Miami-Based Physician Pleads Guilty for Role in Pain Pill Diversion and Medicare Fraud SchemeRead the Press Release
A licensed physician in Miami pleaded guilty in federal court yesterday for his role in a multi-faceted $4.8 million health care fraud scheme that ran from April 2011 to February 2017, involving the submission of false and fraudulent claims to Medicare and the illegal prescribing of Schedule II (e.g., oxycodone and hydrocodone) and Schedule IV (e.g., alprazolam) controlled substances.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, and Special Agent in Charge Brian Swain of the U.S. Secret Service’s (USSS) Miami Field Office made the announcement.
Roberto A. Fernandez, M.D., 51, of Miami, pleaded guilty before U.S. District Judge Cecelia M. Altonaga of the Southern District of Florida to one count of conspiracy to commit health care fraud and wire fraud. Sentencing is set for September 20.
According to admissions made as part of his guilty plea, Fernandez referred Medicare beneficiaries to pharmacy owners in exchange for illegal health care kickbacks. Fernandez admitted knowing that the pharmacy owners were billing and receiving reimbursements from Medicare for prescription drugs based upon the prescriptions he sold, and that his patients did not truly need many of the medications he prescribed in exchange for the kickbacks. For example, he admitted providing prescriptions for expensive, name brand drugs, including anti-psychotics and HIV/AIDS medications that were not medically necessary.
Fernandez also solicited referrals of Medicare beneficiaries to his own practices from his co-conspirators, he admitted, including submitting claims to Medicare under his Part B provider number for services he did not, in fact, render to Medicare beneficiaries. Additionally, Fernandez admitted receiving kickbacks in return for signing plans of care and prescriptions for home health services.
Fernandez also admitted that he prescribed controlled substances, including dangerous opioids, to patients and patient recruiters in return for $100 - $200 cash per prescription. Fernandez admitted that he knew these patients did not need the controlled substances he prescribed. Furthermore, Fernandez admitted that he wrote many of these controlled substance prescriptions for patients that he did not even examine.
The FBI, HHS-OIG, and USSS investigated the case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. Former Fraud Section Trial Attorney and current Assistant U.S. Attorney Lisa H. Miller of the Southern District of Florida and Fraud Section Trial Attorney Adam G. Yoffie are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,000 defendants who have collectively billed the Medicare program for more than $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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 on http://pacer.flsd.uscourts.gov.
Miami-Based Physician Pleads Guilty for Role in Pain Pill Diversion and Medicare Fraud SchemeRead the Press Release
A licensed physician in Miami pleaded guilty in federal court yesterday for his role in a multi-faceted $4.8 million health care fraud scheme that ran from April 2011 to February 2017, involving the submission of false and fraudulent claims to Medicare and the illegal prescribing of Schedule II (e.g., oxycodone and hydrocodone) and Schedule IV (e.g., alprazolam) controlled substances.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, and Special Agent in Charge Brian Swain of the U.S. Secret Service’s (USSS) Miami Field Office made the announcement.
Roberto A. Fernandez, M.D., 51, of Miami, pleaded guilty before U.S. District Judge Cecelia M. Altonaga of the Southern District of Florida to one count of conspiracy to commit health care fraud and wire fraud. Sentencing is set for September 20.
According to admissions made as part of his guilty plea, Fernandez referred Medicare beneficiaries to pharmacy owners in exchange for illegal health care kickbacks. Fernandez admitted knowing that the pharmacy owners were billing and receiving reimbursements from Medicare for prescription drugs based upon the prescriptions he sold, and that his patients did not truly need many of the medications he prescribed in exchange for the kickbacks. For example, he admitted providing prescriptions for expensive, name brand drugs, including anti-psychotics and HIV/AIDS medications that were not medically necessary.
Fernandez also solicited referrals of Medicare beneficiaries to his own practices from his co-conspirators, he admitted, including submitting claims to Medicare under his Part B provider number for services he did not, in fact, render to Medicare beneficiaries. Additionally, Fernandez admitted receiving kickbacks in return for signing plans of care and prescriptions for home health services.
Fernandez also admitted that he prescribed controlled substances, including dangerous opioids, to patients and patient recruiters in return for $100 - $200 cash per prescription. Fernandez admitted that he knew these patients did not need the controlled substances he prescribed. Furthermore, Fernandez admitted that he wrote many of these controlled substance prescriptions for patients that he did not even examine.
The FBI, HHS-OIG, and USSS investigated the case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. Former Fraud Section Trial Attorney and current Assistant U.S. Attorney Lisa H. Miller of the Southern District of Florida and Fraud Section Trial Attorney Adam G. Yoffie are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,000 defendants who have collectively billed the Medicare program for more than $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Miami Resident Sentenced to 30 Years in Prison for Sex TraffickingRead the Press Release
A Miami resident was sentenced to thirty years in prison for sex trafficking six Cuban victims.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, Rodolfo Llanes, Chief, City of Miami Police Department (MPD), and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), made the announcement.
Silvio Clark Morales, 31, originally of Cuba, pleaded guilty before U.S. District Judge Jose E. Martinez, in April 2017, to six counts of sex trafficking by force, threats of force, fraud, and coercion, in violation of Title 18, United States Code, Section 1591(a)(1), and one count of conspiracy to encourage and induce illegal aliens to reside in the United States, in violation of Title 8, United States Code, Section 1324(a)(1)(A)(v)(I). Judge Martinez sentenced Morales today to three hundred and sixty months in prison. Morales has also been ordered to pay restitution to his sex trafficking victims.
According to court records, Morales tricked at least six victims to travel from Cuba to the United States, via Mexico, and work as “dancers.” According to the victims, there was never any indication that they would be dancing naked or performing any commercial sex acts until they arrived in Miami and Morales told them to work at various strip clubs throughout Miami and as prostitutes. When the victims protested, Morales threatened them, physically assaulted them, kept them in debt bondage, and threatened their families. He also routinely kept a close watch on the victims and constantly brandished a firearm to keep them in compliance with his wishes. On one occasion, Morales drove one of the victims to an isolated bridge near the Everglades, beat her, and told her that he was going to throw her into the swamp and let the alligators eat her, before throwing her in the trunk of his car.
Together with Homeland Security Investigations, the United States Attorney’s Office for the Southern District of Florida leads the South Florida Human Trafficking Task Force, which works to increase public awareness, rescue victims, and prosecute traffickers. The task force is composed of not only federal agencies but also state and local law enforcement entities, and partners with non-law enforcement entities, such as service providers, victim advocates, faith-based organizations, academic representatives, and community members.
Mr. Greenberg commended the investigative efforts of ICE-HSI, MPD and MDPD. The case was prosecuted by Assistant U.S. Attorney Benjamin Widlanski.
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 on http://pacer.flsd.uscourts.gov.
Palm Beach County Sheriff’s Deputy Pleads Guilty to Aggravated Identity Theft After Moving to Withdraw His Initial Guilty PleaRead the Press Release
Yesterday, a Palm Beach County Sheriff’s deputy re-asserted his guilt before United States District Judge Donald M. Middlebrooks and admitted to providing personally identifying information to another individual who used that information in an identity theft scheme.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Sean Scheller, Chief, Town of Lantana Police Department, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, made the announcement.
On March 23, 2017, Frantz Felisma, 42, of Boynton Beach, a deputy with the Palm Beach County Sheriff’s Office, initially pled guilty to access device fraud in connection with the identity theft scheme, in violation of Title 18, United States Code, Section 1029(a)(2) and aggravated identity theft Title 18, United States Code, Section 1028A(a)(1) (Case No. 17-CR-80008). However, following his plea hearing Felisma moved to withdraw his guilty plea and the matter was set for trial. On June 29, 2017, in advance of the trial date, Felisma re-affirmed his guilt by pleading to the initial charges of conviction.
According to the court record, over the span of approximately eighteen months, Deputy Felisma used his police department issued laptop computer to access a law enforcement database in order to obtain personally identifying information (PII) belonging to numerous individuals. Felisma sold this information to his co-conspirator, who then used the identities of at least 15 of these victims to set up credit card and bank accounts, stealing tens of thousands of dollars in the names of the victims. Felisma’s criminal conduct caused between $150,000 and $250,000 in financial losses.
Felisma faces a mandatory minimum of two years’ imprisonment, to run consecutive to any other term of imprisonment imposed, as to the aggravated identity theft charge; and a maximum of ten years’ imprisonment as to the access device fraud charge. Felisma is scheduled to be sentenced on August 1, 2017, before Judge Middlebrooks.
Mr. Greenberg commended the investigative efforts of ICE-HSI, the Lantana Police Department, IRS-CI and Palm Beach County Sheriff’s Office. This case is being prosecuted by Assistant United States Attorneys Lauren Jorgensen and Rinku Tribuiani.
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 on http://pacer.flsd.uscourts.gov.
Defendant Sentenced to Seven Years in Prison for Intentional Destruction of Data, Credit Card Fraud, and Aggravated Identity TheftRead the Press Release
A former Davie resident has been sentenced to 7 years in prison for intentionally damaging a protected computer belonging to his former employer and making unauthorized purchases with credit card numbers belonging to others.
Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Acting Assistant Attorney General Kenneth A. Blanco of the Department of Justice’s Criminal Division, and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
In April 2017, a jury convicted Jonathan Lee Eubanks, 29, of one count of intentionally causing damage to a protected computer without authorization, one count of access device fraud, and three counts of aggravated identity theft. According to testimony presented at trial, Eubanks worked for a private security company. After resigning from the company, Eubanks repeatedly accessed his former employer’s computer system, without authorization, using remote access software that he had surreptitiously installed on a co-worker’s computer. Through this remote access software, on January 27, 2013, Eubanks deleted all of the files on one of the company’s computer servers, including databases of client and employee information and files necessary for scheduling and tracking employee shifts. He also re-directed the company’s website, so that visitors were instead connected to the website of a competing security firm. The following day, Eubanks used the email account of a former co-worker to send multiple emails in that former co-worker’s name to the company’s employees and clients disparaging the company and accusing it of illegal practices. Several weeks later, Eubanks placed a series of online orders using credit cards and names belonging to three other individuals. The evidence presented at trial showed that Eubanks had obtained these credit card numbers by accessing the computers of another company, which made software for use by private security firms. The online orders sought rifle scopes, survivalist gear, and electronics.
Senior United States District Judge James I. Cohn, sentenced Eubanks to a total of 84 months in prison. The sentence consisted of 60 months for intentionally damaging a protected computer and access device fraud, followed by a consecutive term of 24 months in prison for aggravated identity theft.
Mr. Greenberg commended the investigative efforts of the FBI in this matter. Assistant U.S. Attorney Jared M. Strauss of the Southern District of Florida and Trial Attorney Louisa K. Marion, of the Department of Justice’s Computer Crime and Intellectual Property Section, prosecuted this 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 on http://pacer.flsd.uscourts.gov.
Defendant Sentenced for Intentional Destruction of Data, Credit Card Fraud and Aggravated Identity TheftRead the Press Release
A former Davie, Florida resident was sentenced to seven years in prison for intentionally damaging a protected computer belonging to his former employer and making unauthorized purchases with credit card numbers belonging to others.
Acting Assistant Attorney General Kenneth A. Blanco of the Department of Justice’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
In April 2017, a jury convicted Jonathan Lee Eubanks, 29, of one count of intentionally causing damage to a protected computer without authorization, one count of access device fraud, and three counts of aggravated identity theft. According to testimony presented at trial. After resigning from a private security company, Eubanks repeatedly accessed his former employer’s computer system, without authorization, using remote access software that he had surreptitiously installed on a co-worker’s computer. The evidence showed that through this remote access software, on Jan. 27, 2013, Eubanks deleted all of the files on one of the company’s computer servers, including databases of client and employee information and files necessary for scheduling and tracking employee shifts. He also re-directed the company’s website, so that visitors to that site were instead directed to the website of a competing security firm. The trial evidence also revealed that the following day, Eubanks used the email account of a former co-worker to send multiple emails in that former co-worker’s name to the company’s employees and clients disparaging the company and accusing it of illegal practices. Several weeks later, Eubanks placed a series of online orders for rifle scopes, survivalist gear and electronics using credit cards and names belonging to three other individuals, which the evidence presented at trial showed he had obtained by accessing the computers of another company, which made software for use by private security firms.
The Honorable James I. Cohn, Senior U.S. District Judge, sentenced Eubanks to a total of 84 months in prison. The sentence consisted of 60 months for intentionally damaging a protected computer and access device fraud, followed by a consecutive term of 24 months in prison for aggravated identity theft.
The FBI investigated the case. Trial Attorney Louisa K. Marion, of the Justice Department’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Jared M. Strauss of the Southern District of Florida are prosecuting the case.
Ringleader of a Multi-Million Dollar Federal Prison Sentencing Reduction Fraud Scheme Sentenced to More Than 19 Years in PrisonRead the Press Release
Alvin James Warrick, 40, of Beaumont, Texas, and Colitha Patrice Bush, 36, of Port Arthur, Texas were sentenced today in Miami, Florida, by U.S. District Judge Joan Lenard of the Southern District of Florida, to 235 months and 96 months in prison, respectively, with an order for a forfeiture money judgment in the amount of over $4.4 million to follow. Warrick and Bush previously pled guilty to wire and mail fraud conspiracy charges in connection with a federal prison sentencing scheme that targeted federal inmates and their families in Miami-Dade County and elsewhere by promising them assistance in obtaining a Rule 35 sentencing reduction, in exchange for money.
Rule 35 of the Federal Rules of Criminal Procedure allows the court, upon the government’s motion, to reduce a defendant’s sentence if the defendant is found to have provided substantial assistance in investigating or prosecuting another person. Neither the government nor the court system charges inmates or their relatives a fee for requesting a sentencing reduction when an inmate provides substantial assistance.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Robert A. Bourbon, Special Agent in Charge, Department of Justice, Office of the Inspector General (DOJ-OIG), and Perrye K. Turner, Special Agent in Charge, Federal Bureau of Investigation (FBI), Houston Field Office, made the announcement.
According to court documents, from 2009 through September 7, 2016, Warrick, Bush, Shepherd, and others held themselves out as owners and operators of Private Services, a company that reportedly worked with a network of informants and law enforcement personnel to identify and provide information and third party cooperation that could be credited to federal inmates in Rule 35 proceedings. Using aliases such as “Peter Candlewood,” “Diane Lane,” and “Diane Rice,” the defendants repeatedly targeted federal inmates and their families by phone, text, email, mail, and in-person meetings, during which they promised that they could provide substantial assistance services, which would be used to help secure the early release of the inmates. In return, the defendants required relatives of the federal inmates to make periodic payments via cash, check, wire, Western Union, and MoneyGram, in order for the third party cooperation process to supposedly begin. Overall, more than $4.4 million was paid to the defendants by at least twenty-two victims, several of whom addressed the Court during Warrick and Bush’s sentencing hearing.
As part of the scheme, Warrick and Bush also provided fake invoices and fraudulent documents allegedly showing signed agreements between various U.S. Attorney’s Offices, including the Eastern District of New York and the Southern District of New York, and a company affiliated with Private Services. In fact, the agreements were fake, the prosecutors’ signatures were forged, and no substantial assistance was ever provided on behalf of these inmates. Instead, Warrick, Bush and Shepherd simply received payments from relatives of federal inmates, and used the fraudulently obtained funds for their personal use and benefit, including the purchase of luxury automobiles, vacations, and gambling activities.
In addition to their sentences for the Southern District of Florida matter (Case No. 16-CR-20698-JAL), Warrick and Bush were also sentenced in a related case originally brought in the Eastern District of Texas, and subsequently transferred to Florida (Case No. 17-CR-20194-JAL). On May 24, 2017, co-conspirator Roland Bennett Shepherd, 32, of Houston, Texas, was also sentenced by U.S. District Judge Joan Lenard of the Southern District of Florida to 28 months’ imprisonment, after having previously pled guilty to a single charge of conspiracy to commit mail fraud and wire fraud, in connection with his participation in the multi-year sentencing reduction fraud scheme.
Mr. Greenberg commended the investigative efforts of the DOJ-OIG, the FBI, the Houston Police Department, and the U.S. Attorney’s Offices in the Eastern District of New York, Northern District of New York, Southern District of New York, Eastern District of Texas, and Eastern District of Virginia, who provided significant and valuable support to this joint investigation. The Southern District of Florida case was prosecuted by Assistant United States Attorney Anne P. McNamara. The Eastern District of Texas case was jointly prosecuted by Assistant United States Attorneys Robert L. Rawls and Anne P. McNamara.
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 on http://pacer.flsd.uscourts.gov.
Broward County School District Employee Sentenced to Three Years in Prison for Obstructing Drug InvestigationRead the Press Release
Today, a Broward County School District employee was sentenced by U.S. District Judge Donald M. Middlebrooks to three years in prison for obstructing a drug investigation.
Benjamin G. Greenberg, Acting U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Porsha Session, 31, of Boynton Beach, Florida, previously pled guilty to obstructing an official proceeding, in violation of Title 18, United States Code, Section 1512(c)(2).
According to the court record, federal, state and local law enforcement agencies were investigating drug trafficking and other criminal offenses in Lauderhill, Florida. Session’s relative was one of the detectives from the Lauderhill Police Department assigned to the Lauderhill investigation. During the course of the Lauderhill investigation, law enforcement, including the defendant’s relative, received information, including details from a confidential informant, regarding individuals involved with drug trafficking, and vehicles used by and telephone numbers associated with, members of the criminal enterprise. Session obtained information provided to her relative concerning the Lauderhill investigation. Session, while working as an employee of the Broward County School District, then made a series of telephone calls to a target of the drug trafficking investigation and warned the individual that he/she and other persons were being monitored by law enforcement. Session also warned the target that an inside source, an informant, was providing details of the criminal enterprise to law enforcement. As a result of Session’s disclosure, the target changed his/her telephone number in an attempt to avoid detection by law enforcement and the confidential informant was moved for his/her safety.
Mr. Greenberg commended the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Drug Enforcement Administration, Lauderhill Police Department, and Sunrise Police Department for their investigative assistance with this matter. This case was prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.
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 on http://pacer.flsd.uscourts.gov.
National Director of Anti-Corruption in Colombia Charged with Conspiracy to Launder Money in Order to Promote Foreign BriberyRead the Press Release
A criminal complaint was unsealed today in connection with the arrest of the National Director of Anti-Corruption in Colombia who is charged with conspiracy to launder money with the intent to promote foreign bribery.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida and Adolphus P. Wright, Special Agent in Charge, United States Drug Enforcement Administration (DEA), Miami Field Division, made the announcement.
Luis Gustavo Moreno Rivera, 35, the National Director of Anti-Corruption in Colombia and Leonardo Pinilla Gomez, 31, an attorney practicing in Colombia, were charged on June 23, 2017 by criminal complaint in the Southern District of Florida. The complaint charges the defendants with one count of conspiracy to launder money in order to promote foreign bribery. Both Rivera and Pinilla were arrested in Colombia pursuant to an Interpol Red Notice.
According to the criminal complaint, beginning in November 2016, a cooperating source of information (CS) was approached by Moreno and Pinilla who attempted to entice a bribe from the CS. Specifically, in exchange for 100 million Colombian pesos, Moreno and Pinilla offered to give the CS copies of sworn statements taken from cooperators who had testified against the CS. In June 2017, Moreno and Pinilla traveled to Miami, Florida and met with the CS who, under the direction of the DEA, provided Moreno and Pinilla with a $10,000 deposit of the bribe money. Recorded conversations revealed that Moreno and Pinilla discussed Moreno’s ability to control the investigation into the CS and that Moreno could inundate his prosecutors with work so that they would be unable to focus on the CS’s investigation. In exchange, Moreno and Pinilla were asking for a 400 million Colombian peso payment with an additional $30,000 to be paid prior to Moreno’s leaving the United States.
A criminal complaint further alleges that several of the $100 bills from the $10,000 paid to Moreno and Pinilla were found on Moreno and his family as they boarded their flight back to Bogota from Miami.
A criminal complaint merely contains allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mr. Greenberg commends the DEA for their investigative assistance with this case. Mr. Greenberg also thanked the Criminal Division’s Office of International Affairs and Office of Judicial Attache in Colombia along with the DEA Bogota Country Office; the Internal Revenue Service, Criminal Investigations (IRS-CI), Miami Field Office and Attache Office in Colombia; U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office and Attache Office in Colombia; U.S. Customs and Border Protection, Miami Office of Field Operations; and Federal Bureau of Investigation (FBI), Legal Attache Office in Colombia, for their assistance in this matter. Assistant U.S. Attorneys Juan Antonio Gonzalez and Lynn M. Kirkpatrick of the International Narcotics and Money Laundering Section in the Southern District of Florida are prosecuting the case.
The U.S. Attorney’s Office and our federal partners commend the Attorney General of Colombia and the Cuerpo Tecnico de Investigacion (CTI) for their cooperative efforts in this investigation.
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 on http://pacer.flsd.uscourts.gov.
Five Individuals Convicted in $23 Million Boiler Room Fraud SchemeRead the Press Release
Yesterday, a federal jury in Miami convicted Charles K. Topping, 40, of North Bay Village, Anita Sgarro, 54, of Marina Del Ray, Charles David Smigrod, 69, of Coconut Grove, Matthew William Wheeler, 33, of Miami, and James Wayne Long, 60, of Miramar, for their roles in two telephone sales room (“boiler room”) fraud schemes that targeted investors throughout the nation and defrauded over 700 victims out of $23 million. The fraud schemes operated out of Miami Lakes, Florida, and Marina Del Ray, California. Eight other co-conspirators who were involved in the fraud schemes previously pled guilty and are awaiting sentencing.
Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Following a two-month trial before U.S. District Judge Marcia G. Cooke, a jury convicted Topping, Sgarro, Smigrod, Wheeler, and Long of multiple counts of mail and wire fraud and conspiracy to commit mail and wire fraud in a conspiracy that operated from as early as 2009 until about August 2015.
According to the court record, from April 2009 to August 2015, Topping, Sgarro, Smigrod and Wheeler, along with their co-conspirators Craig Sizer, Keith Houlihan, Miguel (“Mike”) Mesa, Jack Willard Sini, Juan M. Perez Ortega, Martin Miller, Jason David Hershberger, and Shawna Leigh Lynch used false and fraudulent claims to solicit investors throughout the United States to buy shares of stock in Sanomedics International Holdings, Inc. (“Sanomedics”), a company that sold non-contact infrared thermometers for home healthcare and for dogs.
The evidence at trial showed that the sales agents used sales pitches that included several materially false statements, including that: stock sales did not include commissions or fees; sales agents were compensated with stock or paid by the hour; the stock could be sold after six months; the sales agents worked directly for Sanomedics; stock purchases were safe and secure; and famous and wealthy individuals, such as former CEOs of Apple Inc., PepsiCo, and IVAX Corp., and the “Dog Whisperer,” were either heavily invested in the company or were company representatives. In truth, the co-conspirator sales agents worked for Mesa and Sgarro in two boiler rooms, not for Sanomedics. Investors were never able to sell their stock. Approximately 90% of investor proceeds were misappropriated by the co-conspirators to cover commissions and fees. The co-conspirator sales agents were not paid by the hour and did not receive stock options, but were in fact paid hefty commissions. Additionally, there were no actual endorsements by celebrities or wealthy individuals. The investors relied on the fraudulent statements. As a result of the scheme, the co-conspirators defrauded over 700 people out of approximately $21 million.
Also, from approximately August 2014 to August 2105, Topping, Smigrod, Wheeler and Long, along with Sizer, Mesa, Sini, Perez, and Miller used a fraud scheme, similar to the one described above, to sell shares of stock in Fun Cool Free (“FCF”), a company that claimed to own a smartphone gaming portfolio with over 500 gaming applications. Mesa oversaw the boiler room that was utilized to facilitate the fraudulent scheme. The co-conspirators used false claims, including assertions that they worked directly for the company and that FCF was partners with Apple Computers, to defraud over 70 other investors out of $1.5 million.
Mr. Greenberg commends the investigative efforts of the FBI in this matter. This case is being prosecuted by Assistant U.S. Attorney Roger Cruz, and Trial Attorneys Ryan D. Tansey and Kevin B. Hart from the Antitrust Division of the U.S. Department of Justice.
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 on http://pacer.flsd.uscourts.gov.
Haitian National Sentenced to 108 Months in Federal Prison for Conspiring to Launder Money Derived from Drug TraffickingRead the Press Release
Guy Philippe, a former high-ranking Haitian National Police officer was sentenced today in Miami, Florida, to 108 months in prison with an order for a money judgement in the amount of $1.5 million to follow. Philippe previously pled guilty to a money laundering charge in connection with an international narcotics scheme.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Adolphus P. Wright, Special Agent in Charge, United States Drug Enforcement Administration (DEA), Miami Field Division; Matthew G. Donahue, Special Agent in Charge, DEA, Caribbean Division; and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, made the announcement.
Philippe, 49, of Haiti was sentenced by U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida, after having previously pled guilty to one count of conspiracy to commit money laundering stemming from his receipt of cash payments derived from the proceeds of narcotics sales that occurred in Miami, Florida and elsewhere in the United States in the late 1990s and early 2000s.
According to admissions made in connection with the plea, beginning in the late 1990s, Philippe knowingly using his position as a high-ranking Haitian National Police Officer to provide protection for the shipments of drugs and drug proceeds arriving into Haiti in exchange for cash payments. Philippe admitted that from approximately June 1999 to April 2003, he received between $1.5 and $3.5 million in bribes from drug traffickers, knowing that the payments he received constituted proceeds of cocaine sales that occurred in Miami, Florida, and elsewhere in the United States. Philippe also admitted that he shared a portion of these payments with Haitian National Police officials and other security personnel to ensure their continued support for future drug shipments arriving into Haiti. Philippe used these payments to purchase a residence in Broward County, Florida; and to support himself and to support his family in the United States.
In addition, Philippe wired proceeds derived from the sale of cocaine, in the amount of $376,000, from banks in Haiti and Ecuador to a joint bank account in Miami. To avoid detection, Philippe used the names of others to wire the funds to his account. Philippe further admitted that he arranged for over $70,000 in drug proceeds to be deposited into his account that were conducted in a series of deposits each less than $10,000 to avoid the U.S. federal reporting requirements.
The DEA and IRS-CI investigated the case. The Criminal Division’s Office of International Affairs, Bureau of Diplomatic Security, DEA Port-au-Prince Country Office, Caribbean Field Division, U.S. Marshals Service Fugitive Task Force, Federal Bureau of Investigation, Immigration and Customs Enforcement, Homeland Security Investigations and Enforcement and Removal Operations, and the U.S. Customs and Border Protection’s Miami Office of Field Operations provided assistance in this matter. Assistant U.S. Attorneys Lynn M. Kirkpatrick and Andy R. Camacho of the Southern District of Florida and Senior Trial Counsel Mark A. Irish of the Criminal Division’s Money Laundering and Asset Recovery Section prosecuted this case.
The U.S. Attorney’s Office and our federal partners commend the Government of Haiti, including the Ministry of Justice, Haitian National Police, and La Brigade de Lutte contre le Trafic de Stupéfiants (BLTS) for upholding the rule of law and assisting U.S. counterparts.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
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 on http://pacer.flsd.uscourts.gov.
Virginia Resident Sentenced in West Palm Beach to Nine Years in Prison for Defrauding His Employer and the United States GovernmentRead the Press Release
Brian Charles Tolley, 32, of Bedford, Virginia, was sentenced today to 9 years in prison, after having been previously convicted at trial in West Palm Beach, Florida of wire fraud, identity theft, aggravated identity theft, possession of counterfeit government seals with the intent to defraud, money laundering, making and subscribing false federal income tax returns, and failing to file federal income tax returns.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Southeast Field Office; Brian A. Hauck, Special Agent-in-Charge, North Central Fraud Field Office, United States Army Criminal Investigation Command; Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI); and Special Agent in Charge Wendell W. Palmer, United States Air Force Office of Special Investigations, Procurement Fraud Detachment Southeast, made the announcement.
U.S. District Judge Kenneth A. Marra sentenced Tolley to 108 months in prison, to be followed by 3 years of supervised release, and ordered the defendant to pay $2,344,439 in restitution. In addition, Tolley was ordered to forfeit real estate in Bedford, Virginia, a 2011 Buick Enclave, and a 2011 Lincoln Navigator.
According to the evidence presented at trial, the forfeiture hearing, and sentencing, Tolley was employed by PartsBase, Inc., which is located in Boca Raton, Florida, as Vice President from 2001 through 2001, as Chief Information Officer from 2001 through January 2014, and President from 2010 until January 2014. Between June 2007 and September 2013, Tolley submitted to PartsBase forged documentation from various branches of the U.S. military and other government agencies. These documents purported to acknowledge Tolley’s orders of procurement data on PartsBase’s behalf, and purported to be signed by real federal employees. Tolley then requested reimbursement from PartsBase for charges he had purportedly incurred from the government agencies. In total, PartsBase paid Tolley approximately $1.7 million in reimbursements based on this fraudulent scheme. Tolley used the money he procured from the fraudulent scheme to purchase the 2011 Buick Enclave, the 2011 Lincoln Navigator, the real estate in Bedford, Virginia and other items. In addition, Tolley failed to report the proceeds of his fraud scheme as income on the federal income tax returns he filed for tax years 2007 through 2011. Tolley failed to file returns for tax years 2012 or 2013.
Mr. Greenberg commended the investigative efforts of DCIS, the U.S. Army Criminal Investigation Command Major Procurement Fraud Unit, IRS-CI, and the Air Force Office of Special Investigations Procurement Fraud Unit. This case was prosecuted by Assistant U.S. Attorneys Marc Osborne and Mark Dispoto.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Broward Chronic Pain Doctor and Office Staff Charged with Unlawfully Conspiring to Dispense Controlled SubstancesRead the Press Release
Dr. Willem Ouw, 84, of Broward County, is charged in a ten-count indictment with conspiracy to dispense oxycodone, attempting to dispense oxycodone, morphine and amphetamine, and dispensing a controlled substance without authorization by law. Sarah Shoopman, 36, Orange County, and Donna Licata, 62, and Belafonte Byard, a/k/a “Quincy,” 50, of Broward County, were each charged with one count of conspiracy to dispense a controlled substance, oxycodone, without authorization by law. If convicted, each of the defendants face a maximum statutory sentence of twenty years’ imprisonment on each count.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; Adolphus P. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division; and Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), made the announcement.
According to allegations made in court and in the indictment, between December 16, 2015 and June 13, 2017, defendants Dr. Ouw, Shoopman, Licata and Byard conspired to dispense controlled substances without authorization by law. On nine separate dates, Dr. Ouw is alleged to have provided a prescription for controlled substances, including oxycodone, morphine and amphetamine without having conducted a proper medical examination. On one of the nine dates, Dr. Ouw allegedly dispensed oxycodone without authorization. Shoopman, Licata and Byard conspired with Dr. Ouw to unlawfully dispense the controlled substances by, among other things, taking cash payments, handling files and obtaining samples.
The indictment also includes allegations seeking criminal forfeiture of property derived from or used in furtherance of the charged offenses, including various real properties owned by Dr. Ouw valued in excess of $2.8 million.
Mr. Greenberg commended the investigative efforts of DEA, BSO and the Department of Defense Criminal Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Frank Tamen and Assistant U.S. Attorney Eloisa Fernandez is handling forfeiture matters.
An indictment is a formal charging document containing allegations. All persons charged by indictment 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 on http://pacer.flsd.uscourts.gov.
Florida Man Indicted for a Hate Crime for Making Telephonic Threat to Shoot Congregants at the Islamic Center of Greater MiamiRead the Press Release
Gerald Wallace, 35, of Miami, was indicted by a federal grand jury on a hate crime charge for obstructing the free exercise of religious beliefs by threatening to shoot members of a mosque in Miami Gardens, Florida.
Benjamin G. Greenberg, Acting Unites States Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to court documents, during the evening of February 19, 2017, Wallace left a voicemail message for the Islamic Center of Greater Miami, located in Miami Gardens, Florida. The defendant is alleged to have left a profanity laden message against Islam, the prophet Mohammed, and the Koran, during which he threatened to go to the mosque, and stated, "I'm gonna shoot all y'all."
Counts One and Two of the superseding indictment charge Wallace with obstructing the free exercise of religious beliefs and the interstate transmission of a threatening communication for leaving this threating voicemail. Wallace was previously indicted, on May 25, 2017, for the interstate transmission of a threatening communication for making this threat. If convicted of both counts, Wallace faces a maximum penalty of 25 years in federal prison.
The charges contained in this indictment are simply accusations, and not evidence of guilt. A defendant is presumed innocent unless and until proven guilty in a court of law.
This case is being investigated by the FBI’s Miami Area Corruption Task Force and the Miami Gardens Police Department. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr. of the Southern District of Florida and Trial Attorney Samantha Trepel of the Civil Rights Division.
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 on http://pacer.flsd.uscourts.gov.