FEDERAL DISTRICT ARCHIVE
Southern District of Florida
Press releases recorded for this federal judicial district.
Former City of Miami Police Officer Pleads Guilty to Accepting BribesRead the Press Release
A former uniformed police officer with the City of Miami Police Department pled guilty today to accepting bribes.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Rodolfo Llanes, Chief, City of Miami Police Department (MPD) made the announcement.
Julio Ruiz pled guilty to violating three counts of the Hobbs Act, that is, affecting commerce by extortion under color of official right, in violation of Title 18, United States Code, Section 1951(a).
According to the court record, including documents in support of the Ruiz’s guilty plea, the defendant accepted bribes from an FBI confidential source on three occasions between April 26 and June 12, 2013. In exchange for $1,800 cash and a cellular telephone, Ruiz misused his official position to provide the confidential source access to, and information regarding, traffic accidents located within the City of Miami Police Department. Ruiz also inaccurately reported the disposition of the towed vehicles in the resulting City of Miami police reports.
Julio Ruiz’s sentencing is scheduled to take place on December 22, 2015, before U.S. District Court Judge Cecilia M. Altonaga. Each of the three counts to which the defendant has pleaded guilty carries a maximum sentence of 20 years’ imprisonment, a maximum fine of $250,000, and a term of supervised release of up to three years. The Court may order any sentence of imprisonment awarded under one count to be served concurrently or consecutively to a sentence imposed on a different count.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and the City of Miami Police Department Internal Affairs Division. This case is being prosecuted by Assistant U.S. Attorney Anthony Lacosta.
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 Man Pleads Guilty to Wire Fraud and Criminal Contempt ChargesRead the Press Release
A Palm Beach County man pled guilty today to wire fraud and criminal contempt charges.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), made the announcement.
David Lee Ortiz, 39, pled guilty today to charges of telemarketing wire fraud, in violation of Title 18, United States Code, Section 1343; and contempt of court, in violation of Title 18, United States Code, Section 401(3).
Sentencing for Ortiz is scheduled for December 2, 2015, before United States District Judge Robin L. Rosenberg in Fort Pierce. At sentencing, Ortiz faces a maximum statutory sentence of twenty years in prison on the wire fraud count, and, a maximum sentence of life in prison on the contempt of court count.
According to statements made in court and documents filed in the case, Ortiz committed online and telemarketing fraud in the form of fraudulent foreign exchange (forex) investment scams, via internet and email, among other means. Ortiz collected from his victims approximately $420,000 through fraudulent websites and advertisements offering 10% per month returns on forex contracts and currency trades. Ortiz represented that investor funds would be kept in individual investor accounts for his clients, but they were in fact aggregated and commingled. He invested some of the money with losing forex positions at two licensed Futures Commission Merchants. The remainder of the money he diverted to his own personal uses. To attract investors, Ortiz established Internet websites. In July 2008, he set up “forexisgreatfor.me,” on which he falsely claimed to have over thirty years in forex trading experience, as well as that he was registered with the Securities and Exchange Commission. In October 2009, he also established the website “forexfuturestrader.com,” again falsely claiming to provide daily updates accessible online for individualized investor accounts, as well as promising 100% returns within 12 months.
Ortiz misappropriated at least $232,000 by, for example, using the funds for personal shopping at retail department stores, travel, resort hotels, restaurants, utility bills, personal credit cards and car payments, and by sending, or having some customers send their funds directly, to Ortiz’s wife and her business, who also did not use those funds for forex trading. Over the period of 2008-2011, Ortiz solicited and took investment from clients, variously placing the monies in accounts he personally controlled, investing some of it in losing forex trades, and mostly spending the remainder on himself. Ortiz concocted false account statements purporting to show the clients that they were making profits on imaginary forex contracts placed for them by Ortiz. When customers tried to recover all or part of their monies, usually in accordance with withdrawal provisions of a written contract which Ortiz had them sign, they regularly met evasion or delay from Ortiz.
The Commodity Futures Trading Commission (CFTC) investigated Ortiz, and filed a civil enforcement action against him in the Southern District of Florida in February 2011. The CFTC sought Court orders directing rescission of the investment contracts and return to the investors of all their monies. Chief United States District Judge K. Michael Moore signed a permanent injunction against Ortiz on June 30, 2011, directing Ortiz to return the investors’ money and rescind all the investment contracts. The injunction also forbade Ortiz from soliciting or accepting funds from any future investors.
During July and August 2011, Ortiz nonetheless continued to solicit and accept funds from investors. In particular, he met with and took $2,800 from a retired Air Force employee living in Odessa, Texas. Twice in September 2011, Ortiz emailed to that investor false account statements purporting to show gains and profits from forex trades. The CFTC filed a motion for civil contempt against Ortiz for his failure to abide by the permanent injunction entered by Chief Judge Moore in the civil case. On June 4, 2012, Chief Judge Moore held an evidentiary hearing on the civil contempt motion, at which Ortiz appeared pro se. Following the hearing, the CFTC filed a joint proposed agreed order (which the Court approved and entered on June 6, 2012) setting forth a timetable for Ortiz to submit a sworn accounting and repayment of monies, no later than August 6, 2012. On August 6, 2012, Ortiz filed a document with the Court, stating that he had received the $2800 from the Texas investor, but that Ortiz was unable to comply and pay any monies to the aggrieved investors.
A federal grand jury sitting in Fort Pierce, Florida, indicted Ortiz on February 19, 2015, charging him with three counts of wire fraud and one count of criminal contempt of court for his actions.
Mr. Ferrer commended the investigative efforts of the CFTC, FDLE, FBI, and the Palm Beach County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
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.
Owner and Operator of Miami-Based Mental Health Centers Pleads Guilty in $70 Million Health Care Fraud SchemeRead the Press Release
Clinical Director and Therapist Also Plead Guilty
An owner, a clinical director, and a therapist pleaded guilty today for their roles in a health care fraud scheme involving three Miami-based mental health centers.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Division and Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Santiago Borges, 51, Erik Alonso, 45, and Cristina Alonso, 43, all of Miami, pleaded guilty before U.S. District Judge Ursula Ungaro of the Southern District of Florida. Borges pleaded guilty to conspiracy to commit health care fraud and conspiracy to defraud the United States and pay health care kickbacks. Erik Alonso pleaded guilty to conspiracy to commit health care fraud and conspiracy to make false statements relating to health care matters. Cristina Alonso pleaded guilty to conspiracy to commit health care fraud and conspiracy to make false statements relating to health care matters.
Borges owned the now-defunct mental health centers R&S Community Mental Health Inc. (R&S) and St. Theresa Community Mental Health Center Inc. (St. Theresa), and was an investor in New Day Community Mental Health Center LLC (New Day). Erik Alonso was the clinical director of all three centers. Cristina Alonso was a therapist at R&S.
R&S, St. Theresa and New Day were community mental health clinics that purported to provide intensive mental health services to Medicare beneficiaries in Miami. In connection with their guilty pleas, the defendants admitted that, from 2008 through 2010, the clinics billed Medicare for costly partial hospitalization program (PHP) services that were not medically necessary or not provided to patients. Borges admitted that he paid kickbacks to patient recruiters who, in exchange, referred beneficiaries to the centers. Erik Alonso admitted that he oversaw the preparation of false patient records. Cristina Alonso admitted that she fabricated patient records, including group therapy session notes that were used to support claims for reimbursement from Medicare.
According Borges’ plea agreement, between January 2008 and December 2010, the centers submitted more than $70 million in false and fraudulent claims to Medicare. Medicare paid approximately $28 million on those claims.
The case is being investigated by the FBI and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Southern District of Florida. This case is being prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 2,300 defendants who collectively have billed the Medicare program for over $7 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.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Borges Plea Agreement
Borges Factual Basis
Cristina Alonso Indictment
Cristina Alonso Factual Basis
Two Miami-Dade County Residents Sentenced for Possessing Stolen Personal Identification Information at Fort Lauderdale-Hollywood International AirportRead the Press Release
Two Miami-Dade County residents were sentenced to prison terms for their participation in a stolen identity tax fraud scheme based on information discovered while they were boarding a flight at the Fort Lauderdale-Hollywood International Airport.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), made the announcement.
Phillip Collins, 29, of Miami Gardens, was sentenced to 25 months in prison, followed by three years of supervised release. Godfrey Teekah, Jr., 28, also of Miami Gardens, was sentenced to 24 months in prison, followed by three years of supervised release. Both defendants were also ordered to pay restitution. Collins and Teekah 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 2, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1) and 2.
According to court documents, the defendants were stopped while attempting to board a flight at Fort Lauderdale-Hollywood International Airport in February 2013. Teekah was found in possession of nine debit cards embossed with names other than his own and $4,365 in U.S. currency. Collins was in possession of a debit card in someone else’s name. Two computers were also found in the defendants’ possession. A search of Teekah’s computer revealed photographs of handwritten notes containing personal identification information (PII), IRS employer identification numbers, and IRS website access logs. A search of Collins’ computer revealed temporary internet files for “get my prepaid card,” “irs.gov” and “gfx-prepaid-cards.” A search of Teekah’s bag revealed three additional debit cards, along with manila envelopes containing hundreds of individuals’ PII including names, dates of birth and Social Security numbers. In total, the defendants unlawfully possessed PII belonging to over three hundred individuals. Both Teekah and Collins were aware that false tax returns would be filed using the PII and that the debit cards were used to obtain the fraudulent tax refunds.
Mr. Ferrer commended the investigative efforts of IRS-CI and the BSO. This case was prosecuted by Assistant U.S. Attorney Randy Katz.
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 Bank Vice President Pleads Guilty in Connection with Rothstein CaseRead the Press Release
A former Vice President of TD Bank pled guilty today for his involvement in a wire fraud conspiracy connected to the Rothstein matter.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Frank Spinosa, 54, of Ft. Lauderdale pled guilty before U. S. District Judge Beth Bloom, in Miami, to conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 371. At his sentencing, scheduled for December 18, 2015, at 9:00 a.m., the defendant faces a maximum statutory sentence of up to five years in prison.
In 2009, it was discovered that the law firm of Rothstein, Rosenfeldt and Adler, P.A. (RRA) was being utilized by its Chairman and Chief Executive Officer, Scott W. Rothstein, to commit a massive Ponzi scheme stemming from the sale of fictitious confidential settlements. In a written factual stipulation filed in connection with his guilty plea, Spinosa, who, at the time, was a Regional Vice President with TD Bank, admitted that he conspired with Rothstein to induce certain persons into investing money in the confidential settlements through material misstatements by defendant Spinosa. Specifically, Spinosa admitted that he and Rothstein agreed to utilize the prestige and legitimacy of TD Bank, and Spinosa’s position as Regional Vice President, to give investors in the scheme a false sense of security and induce them into investing in the confidential settlements by fraudulently creating a document that made it appear that certain investment funds were being held in a restricted account at TD Bank when, in fact, they were not.
Mr. Ferrer commended the investigative efforts of IRS-CI and the FBI. This case is being prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and 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.
Palm Beach County Resident Sentenced to 10 Years in Prison for his Role in Massive Identity Theft Tax Refund Fraud SchemeRead the Press Release
Benoit Placide, a/k/a “Snow,” a/k/a “Mario,” 26, of West Palm Beach, was sentenced to 120 months in prison, followed by three years of supervised release, and was ordered to pay joint and several restitution in the amount of $742,955 for his role in a massive identity theft tax refund fraud scheme.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Ric Bradshaw, Sheriff, Palm Beach County Sherriff’s Office, and Amos Rojas, Jr., United States Marshals, United States Marshals Service Regional Fugitive Task Force, made the announcement.
After a ten day trial, Placide and co-defendant Lukner Blanc, 31, of Royal Palm Beach, were each convicted of conspiracy to receive, conceal or retain monies stolen from the United States, wire fraud, and aggravated identity theft. Blanc was also convicted of receiving, concealing and retaining monies stolen from the United States. The defendants were remanded into custody, following their conviction. Blanc is scheduled to be sentenced on October 22, 2015 at 9:30 a.m. before Judge Daniel T. K. Hurley.
At trial, the government presented evidence that the federal investigation began with the arrest of Blanc, on October 29, 2012, for an unrelated state crime. Agents recovered four bank debit cards out of Blanc’s pants pocket, all in the names of other persons. While incarcerated in the state case, Blanc made recorded calls from the Palm Beach County Jail. Based on information obtained during the course of the monitored and recorded jail calls, law enforcement officials obtained a state search warrant for the residence of co-conspirator Jean Juste, a/k/a “Junior,” a/k/a “Shorty,” 24, of West Palm Beach. Inside Juste’s residence, agents discovered items used to facilitate identity theft crimes, including computers, more than sixty-nine Western Union debit cards, lists of employers, and the names, Social Security numbers, and dates of birth of various individuals. During the course of the investigation, law enforcement learned that Blanc and Juste were associates in the identity theft fraud scheme, alongside co-conspirator Placide.
During the course of the identity theft fraud scheme investigation federal agents obtained additional warrants to search the computers recovered from Juste’s residence. Forensic examinations of the computers revealed that more than 1,000 fraudulent federal personal income tax returns had been filed using the operating system. The returns were submitted over the internet to the Internal Revenue Service (“IRS”) using TaxHawk.com and TurboTax. The actual taxpayers had filed or authorized the filing of the fraudulent income tax returns. Co-conspirators of the fraud scheme opened bank accounts in Florida, in order receive the fraudulently obtained federal income tax refunds.
The co-conspirators attempted to obtain more than $1,200,000 in unauthorized income tax refunds. The co-conspirators received more than $700,000 in fraudulent tax refund payments, which were sent to bank accounts and pre-paid debit cards they controlled. After the fraudulent refunds were sent by wire transfer to the bank accounts and debit cards, the defendants and their co-conspirators withdrew the funds at automatic teller machines (ATMs) and point of sale electronic terminals at various retail establishments.
Co-conspirator Jean Juste previously pled guilty to conspiracy, theft of government funds, wire fraud, and aggravated identity theft. On February 17, 2015, Juste was sentenced to 84 months in prison, followed by three years of supervised release, and was ordered to pay restitution in the amount of $668,947 for his participation in the conspiracy.
Co-conspirator Shelda Phadael, 28, of Lake Worth, previously pled guilty to conspiracy and theft of government funds. On May 29, 2015, Phadel was sentenced to 18 months in prison, followed by 3 years of supervised release, and was ordered to pay restitution in the amount of $13,327.
Co-Conspirators Marie Claude, 25, of Lantana, and Marie Demesyeux, 29, of Lake Worth, previously pled guilty. On April 16, 2015, both defendants were sentenced to time served.
Co-conspirator Frank Fleuzinord, 29, of Cape Coral, is a fugitive.
Mr. Ferrer commended the investigative efforts of IRS-CI, the United States Marshals Service Regional Fugitive Task Force, and the Palm Beach County Sheriff’s Office. This case was prosecuted by Assistant U.S. Attorney Stephen Carlton.
Former Stuart Youth Pastor Charged with Enticement of a Minor over the InternetRead the Press Release
A former youth pastor was charged with enticing a minor over the internet, to engage in sexual activity.
Wifredo A. Ferrer, 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 Snyder, Sheriff, Martin County Sheriff’s Office (MCSO), made the announcement.
Jeffrey Brian Mobley, 24 of Ocala, formerly of Stuart, Florida was charged by criminal complaint with using a facility or means of interstate commerce to persuade, induce, or entice an individual under the age of 18 to engage in sexual activity, in violation of Title 18, United States Code, Section 2422(b). If convicted, Mobley faces a mandatory minimum sentence of 10 years up to life in prison. If convicted, Mobley also faces up to a lifetime of supervised release and the requirement that he register as a sex offender.
Mobley had his initial appearance today and was ordered to be held in custody pending a detention hearing and preliminary examination on October 7, 2015 at 10:30 a.m. before U.S. Magistrate Judge Philip R. Lammens in Ocala.
According to allegations contained in the criminal complaint, in September 2015, a suspicious conduct report was made to the Martin County Sheriff’s Office concerning a youth pastor, Jeffrey Brian Mobley, and a minor who was under his trust and care through a religious based youth program in Stuart, Florida. During the course of the investigation law enforcement learned that the defendant, while the youth pastor, had allegedly engaged in sexual intercourse with two minors in the church’s youth program. The defendant allegedly enticed the minors to engage in sexual activity and exchange sexually explicit images.
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. Ferrer commended the investigative efforts of the FBI and Martin County Sheriff’s Office for their work on this case. Mr. Ferrer also thanked the members of the United States Attorney’s Office for the Middle District of Florida for their assistance with this matter. The case is being prosecuted by Assistant U.S. Attorney Carmen Lineberger.
A criminal complaint is only an accusation and a defendant is presumed innocent until proven guilty.
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.
Riviera Beach Resident Sentenced to 20 Years in Prison as an Armed Career CriminalRead the Press Release
A Riviera Beach man was sentenced yesterday to 20 years in prison for being a felon in possession of firearms.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Carlos Canino, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, Stephen J. Stepp, Chief, Palm Beach Gardens Police Department (PBGPD) and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), made the announcement.
Joseph McDonald, 36, of Riviera Beach, was sentenced by U.S. District Judge Donald M. Middlebrooks to 240 months (20 years) in federal prison, to be followed by five years of supervised release, for being an armed career criminal in possession of a firearm.
According to evidence presented at trial, McDonald fled from the police on two separate occasions during the course of stolen vehicle investigations. On July 28, 2013, McDonald dropped a fully loaded 9 mm semi-automatic pistol during his flight from members of the Palm Beach Gardens Police Department. Then, on December 17, 2013, deputies with the Palm Beach County Sheriff’s Office recovered a fully semi-automatic pistol from McDonald’s flight path. A forensic examination report confirmed that the firearm that was recovered on December 17, 2013 had been used in a Jupiter, Florida shooting the preceding day. McDonald had previously been convicted of numerous felonies and was thereby prohibited from possessing a firearm.
McDonald was sentenced under the Armed Career Criminal Act, which provides a mandatory sentencing range of fifteen years to life for individuals who have been convicted of a federal gun offense and have at least three prior qualifying felony convictions for crimes of violence and/or serious drug offenses.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is a Department of Justice nationwide initiative that combines traditional law enforcement activities with community-based support and intervention programs. The two primary goals of the PSN initiative are to reduce and prevent violent crimes and to help past offenders adjust and re-enter the community. This program emphasizes and facilitates cooperative federal, state and local prosecution of firearm crimes, violent criminals, repeat violent offenders and gang related criminal activity.
Mr. Ferrer commended the investigative efforts of ATF, PBGPD and PBSO. The case was prosecuted by Assistant U.S. Attorneys Brandy Galler and Daniel Funk.
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 County Resident Sentenced in Identity Theft Tax Fraud Scheme Involving Deceased and Other Individuals' Personal Identifying InformationRead the Press Release
A Miami-Dade County resident was sentenced to 44 months in prison, followed by three years of supervised release, for his participation in an identity theft tax fraud scheme using deceased and other individuals' personal identifying information (PII).
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Robert C. Hutchinson, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement's Homeland Security Investigations (ICE-HSI), Miami Field Office, and J. Scott Dennis, Chief, North Miami Beach Police Department (NMBPD), made the announcement.
Joshua Chikudo, 40, previously pled guilty to one count of wire fraud conspiracy, in violation of Title 18, United States Code, Section 1349, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
Co-defendant Curtis Joseph, a/k/a "CJ," 36, of Miami-Dade, pled guilty to one count of wire fraud conspiracy. Sentencing for defendant Joseph is scheduled for October 6, 2015 at 1:00 p.m. before Judge Beth Bloom.
According to court documents, Joseph met with an IRS confidential informant (CI) and discussed a scheme to cash tax refund checks involving PII stolen from a medical clinic. The CI introduced Joseph to an undercover IRS agent. During three separate meetings, Joseph gave the undercover agent a total of thirteen tax refund checks for the undercover agent to cash. In exchange, the undercover agent gave Joseph approximately sixty-five percent (65%) of the check amounts as payment for his participation in the illicit scheme.
Court documents also state that at another meeting, the undercover agent provided Joseph with five IRS-controlled identities, consisting of fictitious PII - names, social security numbers, and dates of birth - to be used by a tax preparer in order to file fraudulent federal tax returns. During a separate meeting, the undercover agent gave Chikudo seven additional IRS-controlled identities that Chikudo intended to include in fraudulent tax return filings. Chikudo asked the undercover agent if he could obtain a business bank account for the purpose of depositing the fraudulent tax refunds into that account to avoid detection. The defendants and the undercover agent agreed that they would split all of the tax refunds equally amongst themselves and a fictitious undercover partner. The undercover agent provided Chikudo with IRS-controlled bank account information to be included on the fraudulent tax returns. The defendants caused six fraudulent federal income tax returns to be filed. The majority of the filings designated the IRS-controlled bank account as the intended recipient of the fraudulent refunds.
Furthermore, court documents state that between April and August of 2013, the defendants filed thirty-two fraudulent federal income tax returns using eleven IRS-controlled identities, to request refunds totaling $197,688. Twenty-one of the returns were joint returns that included the PII of deceased individuals.
During the sentencing, Judge Bloom specifically referenced that back in 2007, Chikudo and been previously enjoined in a $1 million civil action initiated by the IRS for filing fraudulent tax returns claiming fuel tax credits and telephone excise tax credits on behalf of his clients that they were not entitled to claim. The resulting injunction order entered by United States District Court Judge James I. Cohn barred Chikudo from acting as a return preparer, preparing or filing federal tax returns, assisting taxpayers in understating their tax liabilities or evading taxes, and engaging in other conduct that interfered with the administration or enforcement of the internal revenue laws.
Mr. Ferrer commended the investigative efforts of IRS-CI, ICE-HSI and NMBPD. This case is being prosecuted by Assistant U.S. Attorney Alicia E. Shick
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 County Resident Sentenced for Filing More Than $3.4 Million in False Refund Claims with the IRSRead the Press Release
A Miami-Dade County resident was sentenced to 24 months in prison, followed by three years of supervised release, for filing false refund claims with the Internal Revenue Service.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Mavys Galvez, 32, of Miami, Florida, previously pled guilty to one count of making a false, fictitious, and fraudulent claim against the United States, in violation of Title 18, United States Code, Section 287.
According to court documents, Galvez filed false 2006, 2007, 2008 and 2009 amended federal income tax returns with the IRS claiming fraudulent refunds. In the returns, Galvez falsely asserted that she and her husband were owed millions of dollars in income from various entities, and that those entities had withheld the money as federal income tax paid to the IRS. In fact, the entities owed no such income to Galvez or her husband, and withheld no such taxes on their behalf. Specifically, Galvez filed a 2006 amended tax return with her husband claiming a tax refund of $1,049,270 based in large part on claimed income and $810,224 of tax withheld by a bank. The tax return also attached a Form 1099-OID purportedly from the bank reflecting those totals, as well as 1099-OID forms from other entities. The filed 1099-OID forms were false.
Court documents indicate that Galvez had previously filed legitimate tax returns for tax years 2006 through 2009, knew that she and her husband had not received the income from the various entities reported on the fraudulent returns, knew that the taxes claimed had not been withheld, and knew that the 1099-OID forms were false. The total amount of fraudulent refunds claimed by Galvez for tax years 2006 through 2009 is $3,424,834.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney John P. Gonsoulin.
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 Miami-Dade Residents Sentenced for Using Credit Card Numbers Skimmed from Palm Beach County ResidentsRead the Press Release
Four Miami-Dade residents were sentenced to terms of imprisonment for their participation in a fraud conspiracy that involved the unauthorized use of credit card numbers that had been skimmed at local establishments.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Robert C. Hutchinson, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.
Jordy Hechavarria Morales, 21, Yoandy Hechavarria Morales, 29, Christian Vinent, 23, and Addel Fernandez Camejo, 31, all of Miami-Dade, previously pled guilty for their involvement in a conspiracy to commit credit card fraud. Camejo and Vinenta also pled guilty to aggravated identity theft. Jordy Morales also plead guilty to possessing fifteen or more counterfeit credit cards, using counterfeit credit cards, and using counterfeit credit cards to obtain goods valued at $1,000 or more. In addition, Jordy Morales was convicted, following a bench trial, of aggravated identity theft. Yoandy Morales also pled guilty to possessing fifteen or more counterfeit credit cards, three counts of using counterfeit credit cards, and using counterfeit credit cards to obtain goods valued at $1,000 or more. In addition, Yoandy Morales was convicted, following a bench trial, of three counts of aggravated identity theft.
The Honorable Judge Kenneth A. Marra sentenced each of the defendants to a term of incarceration, to be followed by two years of supervised release. Camejo was sentenced to 36 months; Vinent was sentenced to 38 months; Jordy Morales was sentenced to 40 months; and Yoandy Morales was sentenced to 48 months, in prison.
According to court documents, on March 24, 2015, officers with the Tequesta Police Department stopped a car that was occupied by Jordy Morales, Yoandy Morales, Vinent and Camejo. During a search of the vehicle, officers discovered 143 credit cards, each embossed with a defendant’s name or alias. Officers also found counterfeit Florida driver’s licenses embossed with Vinent and Yoandy Morales’ aliases. Each of the discovered credit cards was found to be counterfeit and included unauthorized credit card numbers. During the subsequent investigation, agents uncovered evidence that the conspirators had used additional unauthorized credit cards during the course of the conspiracy. In total, the defendants were engaged in a conspiracy involving 173 counterfeit and unauthorized credit cards.
The unauthorized credit card numbers used during the course of the conspiracy actually belonged to Palm Beach County residents. These credit card account numbers were unlawfully obtained through the use of “skimmers” at gas stations in Palm Beach County. The stolen credit card numbers were then used to manufacture counterfeit credit cards which were encoded and embossed with the account number and a conspirator’s name, to make it appear as if the defendant was the actual account holder. The defendants, who are residents of Miami-Dade County, traveled together to Palm Beach County and used the counterfeit credit cards to purchase and attempt to purchase Visa, MasterCard, and American Express gift cards from Palm Beach County merchants.
Mr. Ferrer commended the investigative efforts of ICE-HSI and the Village of Tequesta Police Department. The case is being prosecuted by Assistant U.S. Attorney Stephanie Evans.
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 County Resident Pleads Guilty to Stealing $1,428,027 in Tax RefundsRead the Press Release
A Miami-Dade County resident pled guilty to stealing tax refunds totaling $1,428,027.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Franklin Adderley, Chief, Fort Lauderdale Police Department, made the announcement.
Bobby Cooks, 40, pled guilty to one count of theft of government money, in violation of Title 18, United States Code, Section 641. As part of his plea agreement, the defendant agreed to pay restitution in the amount of $1,428,027. At sentencing, Cooks faces a maximum statutory sentence of ten years in prison.
According to court documents, between 2011 and 2014, Cooks received three United States Treasury tax refunds totaling $1,428,027 based on fraudulent tax returns filed with the IRS. Specifically, on March 11, 2011, Cooks received a tax refund in the amount of $528,071.33 based on a false 2010 tax return filed in Cooks’ name. The tax return claimed significant gambling winnings from, and tax withheld by, a casino. In fact, Cooks won no such money, no such tax was withheld, and the Form W2-G attached to the tax return showing the purported winnings was fake.
Court documents also state that on November 22, 2013, Cooks received a U.S. Treasury check in the amount of $332,534 based on a fraudulent tax return filed in another individual’s name. Cooks obtained a Florida driver’s license in the name of the individual using a fake Georgia birth certificate, and opened bank accounts in the victim’s name where Cooks then deposited the fraudulent tax refund check. On September 23, 2014, Cooks received another U.S. Treasury check in the amount of $567,422 based on a 2011 fraudulent tax return filed in the name of Cooks’ father who had the same name as Cooks and who had been deceased since 2008. Cooks deposited the check in a bank account that he set up in his name.
Cooks is scheduled to be sentenced on December 8, 2015 at 8:30 a.m. before United States District Judge Robert N. Scola, Jr.
Mr. Ferrer commended the investigative efforts of IRS-CI and the Fort Lauderdale Police Department. This case is being prosecuted by Assistant U.S. Attorney John P. Gonsoulin.
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 Lakes Resident Sentenced for Structuring and Causing the Filing of False Currency Transaction ReportsRead the Press Release
A Miami Lakes resident was sentenced to 24 months in prison, followed by two years of supervised release, and was ordered to forfeit $595,500 and to pay a fine of $6,000 for structuring and causing the filing of false currency transaction reports.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Jorge R. Raynaud, 31, previously pled guilty to thirty-one counts, including five counts of structuring currency transactions with the intent to evade reporting requirements, in violation of Title 31, United States Code, Section 5324(a)(3), and twenty-six counts of causing and attempting to cause a financial institution to fail to file a currency transaction report, in violation of Title 31, United States Code, Section 5324(a)(1). As part of his plea agreement, Raynaud agreed to forfeit $595,500 in U.S. currency.
The Bank Secrecy Act requires financial institutions to file a currency transaction report with the Treasury Department for each financial transaction that involves currency in excess of $10,000. According to court documents, Raynaud structured currency withdrawals at two different banks by intentionally arranging a series of separate transactions, each one involving less than $10,000, for the purpose of evading the $10,000 currency reporting requirement. Raynaud also caused the banks to fail to file twenty-six currency transaction reports for currency withdrawals and the cashing of checks in 2012 and 2013.
The intended loss resulting from the offense is between $400,000 and $1,000,000.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Elijah Levitt
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.
Georgia and Florida Residents Charged in Stolen Mail SchemeRead the Press Release
Two men have been separately charged with possession of mail that had been stolen from various condominium complexes throughout Broward County, Florida.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, made the announcement.
Anthony Bouquette, 24, of Valdosta, Georgia, was charged by indictment with four counts of possession of stolen mail, in violation of Title 18, United States Code, Sections 1708 and 2. James Mathurin, 24, of Fort Lauderdale, was charged by information with two counts of possession of stolen mail, in violation of Title 18, United States Code, Sections 1708 and 2. If convicted, each defendant faces up to five years in prison.
According to information contained in the court records, from February through September 2011, the defendants possessed mail that had been stolen from various apartment complexes in Broward County, including locations in Deerfield Beach, Lauderhill, Sunrise and Wilton Manors. The defendants and other individuals possessed checks that had been made out to businesses and stolen from the condominium complex mail receptacles. The defendants separately deposited the stolen checks into accounts at local banks. The defendants’ unauthorized conduct caused both the check writer and the intended business recipient to sustain a financial loss.
Mathurin is scheduled to have his initial appearance on October 7, 2015 before U.S. Magistrate Judge Barry S. Seltzer and is scheduled for a change of plea hearing on October 8, 2015 in front of U.S. District Judge James I. Cohn. Bouquette’s initial appearance date has not yet been scheduled.
Mr. Ferrer commended the investigative efforts of the USPIS. The case is being prosecuted by Assistant U.S. Attorney Randy Katz.
An indictment or information is only an accusation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
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.
Owner of Florida Mortgage Company Sentenced to over 11 Years in Prison for Orchestrating $64 Million Fraud SchemeRead the Press Release
The owner of a Florida mortgage company was sentenced today to serve 135 months in prison for orchestrating a $64 million mortgage fraud scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Special Agent in Charge Nadine Gurley of the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG) Atlanta Region made the announcement.
Hector Hernandez, 57, of Miami, Florida, the owner and operator of Great Country Mortgage Bankers (Great Country), a mortgage lender in Miami, was sentenced for conspiracy to commit wire fraud affecting a financial institution. He was also ordered to pay $64,508,141 in restitution and to forfeit $8,000,000 in illicit profits.
In the same case, a real estate developer for Great Country, Aleida Fontao, 62, of Miami, was sentenced today to serve 41 months in prison, and ordered to pay $7,131,952 in restitution and $400,000 in forfeiture. An underwriter for Great Country, Olga Hernandez, 59, of Lake Mary, Florida, was sentenced yesterday to serve 51 months in prison and ordered to pay $24,512,755 in restitution. Hector and Olga Hernandez both pleaded guilty on July 13, 2015, while Fontao pleaded guilty on July 7, 2015. Hector Hernandez was the last defendant to be sentenced in the case. All 24 defendants charged in this case, which included loan officers, loan processors and underwriters, were convicted of participating in the scheme.
According to admissions made in connection with the guilty pleas, from at least 2006 and continuing through at least September 2008, Hector Hernandez was the owner and operator of Great Country which specialized in approving Federal Housing Administration (FHA) loans. The loans were primarily for buyers of condominiums at complexes where Hector Hernandez was a part owner – however, the buyers were unqualified borrowers, due to insufficient income, high levels of debts, and outstanding collections. Hector Hernandez admitted that his company employed loan officers, loan processors and underwriters, including Olga Hernandez and Fontao, whom he knew approved and submitted false and fraudulent FHA mortgage loan applications and accompanying documents to HUD on behalf of the unqualified borrowers. These documents included false pay stubs, false verification of employment forms, and fictitious letters from the borrowers.
According to admissions made in connection with the guilty pleas, closing costs were paid on behalf of the unqualified borrowers through an interstate wire transfer of funds. The borrowers were also paid to purchase the condominium units as an unreported inducement to purchase. After the loans closed, the loans were sold to financial institutions. When the unqualified borrowers failed to meet their monthly mortgage obligations, they defaulted on the loans causing losses both to the financial institutions and to HUD which insured the loans. Hector Hernandez admitted that the loss from the fraudulent conduct was at least $64 million.
This case was investigated by HUD-OIG as participants in the Miami Mortgage Fraud Strike Force. The case was prosecuted by Senior Litigation Counsel David A. Bybee and Trial Attorneys Mike O’Neill and William Johnston of the Criminal Division’s Fraud 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.
Miami Gardens Resident Pleads Guilty to Stolen Identity Tax Refund Fraud SchemeRead the Press Release
A Miami Gardens resident pled guilty to a stolen identity tax refund fraud scheme.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Rosheem Oneil Williams, 19, 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). At sentencing, Williams faces a maximum statutory sentence of ten years in prison for the access device charge, and a mandatory term of two years in prison, consecutive to any other term of imprisonment, for the aggravated identity theft charge.
According to court documents, IRS-CI investigators noticed that, from January 17, 2015 through June 6, 2015, 187 tax returns claiming refunds totaling $363,457 were filed from Williams’ residence. A search warrant was executed at the residence on June 19, 2015, and law enforcement found and seized numerous items containing personal identification information (PII) (including names, dates of birth, and social security numbers). Specifically, agents found computer-generated lists and an Apple iPad containing hundreds of individuals’ PII.
Agents interviewed Williams, and he admitted that he possessed the PII found in the residence on June 19, 2015, and that he prepared and filed at least 180 tax returns without the permission of the individuals in whose names the returns were filed.
Williams is scheduled to be sentenced on December 2, 2015 at 2:00 p.m. United States District Judge Marcia G. Cooke.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
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.
Certified Public Accountant Pleads Guilty to Using Her Tax Preparation Business to Facilitate an Income Tax Refund Fraud SchemeRead the Press Release
A Certified Public Account (CPA) pled guilty today to using her tax preparation business to facilitate an income tax refund fraud scheme.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Pamella B. Watson, 60, of Davie, pled guilty to one count of wire fraud, in violation of Title 18, United States Code, Section 1343. At sentencing, the defendant faces a maximum statutory sentence of twenty years in prison.
According to court documents, Watson operated Watson & Associates Business Services, Inc., a tax preparation business in Miami. Defendant Watson prepared the client’s tax return and provided them a copy showing a refund amount and/or an amount payable to the IRS. Without the client’s knowledge or authorization, the figures on the return were changed, and a tax return showing a higher refund amount was filed with the IRS. The client’s bank account received the refund amount reflected on the copy they received from defendant Watson, and the remainder of the tax refund was deposited into an account controlled by Watson. The client did not have any knowledge of the refund falsification and splitting.
Court documents state that Watson prepared approximately 557 U.S. Individual Income Tax Returns (Forms 1040) for tax years 2010 through 2013 for her clients. Approximately 395 (71%) had refunds split into an account controlled by defendant Watson, or the entire refund diverted into Watson’s bank account. From approximately January 2011 through September 2014, defendant Watson deposited $3,405,479.20 of client tax refunds from 183 individual taxpayers into accounts she controlled.
According to court documents, Watson also diverted checks totaling $222,676 into her personal IRS account, and an additional $56,766 in IRS payments from Watson’s clients was applied to an associate’s tax account. These checks were generated by clients who were informed by defendant Watson that they were paying their own tax liability.
Watson is scheduled to be sentenced on December 4, 2015 at 9:00 a.m. before Judge James I. Cohn.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case is being prosecuted by Senior Litigation Counsel Neil Karadbil.
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.
Owner of Florida Mortgage Company Sentenced to over 11 Years in Prison for Orchestrating $64 Million Fraud SchemeRead the Press Release
Two Associates Also Sentenced for their Roles in the Conspiracy
The owner of a Florida mortgage company was sentenced today to serve 135 months in prison for orchestrating a $64 million mortgage fraud scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Special Agent in Charge Nadine Gurley of the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG) Atlanta Region made the announcement.
Hector Hernandez, 57, of Miami, Florida, the owner and operator of Great Country Mortgage Bankers (Great Country), a mortgage lender in Miami, was sentenced for conspiracy to commit wire fraud affecting a financial institution. He was also ordered to pay $64,508,141 in restitution and to forfeit $8,000,000 in illicit profits.
In the same case, a real estate developer for Great Country, Aleida Fontao, 62, of Miami, was sentenced today to serve 41 months in prison, and ordered to pay $7,131,952 in restitution and $400,000 in forfeiture. An underwriter for Great Country, Olga Hernandez, 59, of Lake Mary, Florida, was sentenced yesterday to serve 51 months in prison and ordered to pay $24,512,755 in restitution. Hector and Olga Hernandez both pleaded guilty on July 13, 2015, while Fontao pleaded guilty on July 7, 2015. Hector Hernandez was the last defendant to be sentenced in the case. All 24 defendants charged in this case, which included loan officers, loan processors and underwriters, were convicted of participating in the scheme.
According to admissions made in connection with the guilty pleas, from at least 2006 and continuing through at least September 2008, Hector Hernandez was the owner and operator of Great Country which specialized in approving Federal Housing Administration (FHA) loans. The loans were primarily for buyers of condominiums at complexes where Hector Hernandez was a part owner – however, the buyers were unqualified borrowers, due to insufficient income, high levels of debts, and outstanding collections. Hector Hernandez admitted that his company employed loan officers, loan processors and underwriters, including Olga Hernandez and Fontao, whom he knew approved and submitted false and fraudulent FHA mortgage loan applications and accompanying documents to HUD on behalf of the unqualified borrowers. These documents included false pay stubs, false verification of employment forms, and fictitious letters from the borrowers.
According to admissions made in connection with the guilty pleas, closing costs were paid on behalf of the unqualified borrowers through an interstate wire transfer of funds. The borrowers were also paid to purchase the condominium units as an unreported inducement to purchase. After the loans closed, the loans were sold to financial institutions. When the unqualified borrowers failed to meet their monthly mortgage obligations, they defaulted on the loans causing losses both to the financial institutions and to HUD which insured the loans. Hector Hernandez admitted that the loss from the fraudulent conduct was at least $64 million.
This case was investigated by HUD-OIG as participants in the Miami Mortgage Fraud Strike Force. The case was prosecuted by Senior Litigation Counsel David A. Bybee and Trial Attorneys Mike O’Neill and William Johnston of the Criminal Division’s Fraud Section.
Former Miami Springs Police Department Sergeant Sentenced to Nine Years in PrisonRead the Press Release
Former Miami Springs Police Department (MSPD) Sergeant Andres Quintanilla was sentenced today to nine years in prison by U.S. District Court Chief Judge Michael K. Moore. Quintanilla had previously pleaded guilty to receiving bribes from an undercover FBI confidential source, who Quintanilla believed was a narcotics trafficker.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, FBI, Miami Field Office made the announcement.
Andres Quintanilla, 34, had previously pleaded guilty to attempting to affect commerce by extortion under color of official right, in violation of Title 18, United States Code, Section 1951(a). Quintanilla was sentenced to 108 months in prison, to be followed by a year of supervised release. He was also ordered to pay a $5,000 fine and to forfeit an additional $3,700 that had been paid to him by the confidential source.
According to court documents, in October 2014, a FBI confidential source (CS) informed Quintanilla that he (the CS) was a drug trafficker. Rather than arrest the CS, or open an investigation, Quintanilla offered to help the CS’s drug trafficking business. During a series of recorded meetings, Quintanilla offered advice on how the CS should run his drug trafficking business, provided the location of an unmarked Miami-Dade Police Department narcotics office, provided the names of three Miami-Dade Police Department officers, and promised to provide photographs of officers in the future. In addition, Quintanilla ran the name of a purported drug dealer in a law enforcement database when asked to do so by CS.
By December 2014, Quintanilla had agreed to act as an escort during a purported 10 kilogram cocaine deal. Under FBI direction, the CS told Quintanilla that the CS needed a safe location in Miami Springs where the CS could exchange 10 kilograms of cocaine for $250,000. Quintanilla chose a location for the transaction to take place and, on the date of the transaction, the FBI filmed and recorded Quintanilla meeting with the CS and viewing the cocaine. After the purported deal took place with second undercover CS acting as a drug dealer, Quintanilla then followed the CS’s vehicle to an express package service center, where Quintanilla believed that the CS would ship the $250,000 of drug proceeds to New York. Quintanilla participated in the transaction in uniform, while driving his MSPD marked vehicle. In exchange for his assistance, Quintanilla accepted $3,500 in bribe payments.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force. This case is being prosecuted by Assistant U.S. Attorney Anthony Lacosta.
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.
Port St. Lucie Police Officer Charged with Receiving, Distributing and Possessing Child PornographyRead the Press Release
A Port St. Lucie Police Officer has been charged with receiving, distributing and possessing child pornography.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Robert C. Hutchinson, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, and John A. Bolduc, Chief of Police, Port St. Lucie Police Department, made the announcement.
Michael Edwin Harding, of Port St. Lucie, was charged, by criminal complaint with receiving and distributing material involving sexual exploitation of minors and possession of child pornography, in violation of Title 18, United States Code, Sections 2252(a) and 2252A. If convicted, Harding faces a mandatory minimum term of 5 years in prison and maximum statutory sentence of 20 years in prison.
Following his initial appearance today before United States Chief Magistrate Judge Frank J. Lynch, Jr., Harding was ordered held without bond pending a detention hearing on Wednesday, September 30, 2015 at 9:30 a.m.
According to allegations contained in the court record, on July 23, 2015, an individual posted images of child pornography to an instant messaging account for mobile devices. An investigation by law enforcement revealed that subsequently, an additional image and video of child related sexually explicit material were posted to the account. Subscriber information allegedly identified Michael Harding as the accountholder. On September 22, 2015, law enforcement executed a federal search warrant at Harding?s residence and seized Harding?s computer, cell phones and thumb drives, among other materials. A preliminary forensic analysis revealed that the recovered items allegedly contained hundreds of images and videos of children engaged in sexually explicit conduct.
This case is part of Operation Predator, an international law enforcement initiative, led by ICE-HSI, to combat the sexual exploitation of children. Through this collaborative effort, law enforcement strives to protect children from sexual predators, including individuals who travel overseas in order to engage in sexual conduct with minors, individuals who possess, trade and produce child pornography, criminal alien sex offenders, and child sex traffickers. Anyone with information about suspected child exploitation is encouraged to call 1‑866‑872-4973. For additional information regarding the initiative and resources, visit www.ice.gov.
Mr. Ferrer thanked the ICE-HSI and the Port St. Lucie Police Department for their assistance with this investigation. The case is being prosecuted by Assistant United States Attorneys Daniel Funk and Russell Killinger.
A complaint is only an accusation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
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 Carlisle CEO Pleads Guilty in $30 Million Fraud Involving Ten Low-Income Housing DevelopmentsRead the Press Release
Former Carlisle Chief Executive Officer (CEO) pled guilty to participating in a $30 million fraud scheme involving ten low-income housing developments.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Nadine Gurley, Special Agent in Charge, United States Department of Housing and Urban Development, Office of Inspector General (HUD-OIG), and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Former Carlisle CEO Matthew Greer, 37, of Miami Beach, pled guilty yesterday before United States District Court Judge Ursula Ungaro to two counts of conspiracy to commit theft of government money, in connection with a scheme to steal government funds intended for the construction of low-income housing.
According to court documents, including the factual proffer in support of the defendant’s plea, Matthew Greer and Lloyd Boggio served, at alternating times, as CEO of Carlisle Development Group (CDG), a low-income housing developer in Miami, Florida. CDG applied for federal tax credits and federal grant monies to build low-income housing developments through a program administered by the Florida Housing Finance Corporation (FHFC). To obtain these federal funds, FHFC required developers to submit proposed development costs, including a construction contract signed by the developer and contractor.
The court records further indicate that Greer and others through CDG, conspired to unjustly enrich themselves by submitting fraudulently inflated low-income housing construction contracts to FHFC’s representatives to obtain excess federal tax credits and grant monies to which they were not entitled, and then to use the proceeds for their personal use and benefit. From 2006 to 2012, Greer, and the other conspirators caused the submission of fraudulently inflated construction contracts on at least eight different low-income housing developments, which resulted in the allocation of at least $26 million in excess federal tax credits and grant monies. Similarly, during the course of the scheme, the conspirators made kickback payments for the benefit of Greer and others totaling at least $26 million.
Greer conspired with representatives of Biscayne Housing Group (BHG) to commit theft of government money and property. BHG employed the same contract inflation scheme of submitting fraudulently inflated contracts to FHFC for the receipt of excess federal tax credits and grant monies. CDG and BHG had a joint venture for two developments. In or around May 2010, Greer and his conspirators agreed to share approximately $3.7 million in excess government funds for these two joint venture developments.
Greer is scheduled to be sentenced on November 13, 2015. The United States has seized $9.3 million from Greer, who has agreed to entry of a forfeiture money judgment in the amount of $16,004,137, the balance of which he is expected to pay prior to sentencing. Greer faces a maximum possible sentence of ten years in prison.
Mr. Ferrer thanked the FBI, HUD-OIG, and IRS-CI for their work on this case. The case is being prosecuted by Assistant United States Attorneys Michael R. Sherwin, Michael N. Berger, Evelyn Sheehan and Eloisa Fernandez.
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.
Davie Resident Sentenced for her Role in Identity Theft Tax Fraud SchemeRead the Press Release
A Davie resident was sentenced by United States District Judge Beth Bloom to 24 months in prison, followed by one year of supervised release, and was ordered to pay restitution in the amount of $191,678 for her role in an identity theft tax fraud scheme.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Raymond Black, Chief, Miramar Police Department, made the announcement.
Ashley Monique Leroy, 26, of Davie, previously pled guilty to one count of aggravated identity theft, in violation of Title 18, United States Codes Section 1028A(a)(1).
According to court documents, on September 17, 2012, police officers from the Miramar Police Department arrested Leroy for possession of marijuana and other traffic infractions. After her arrest, officers conducted an inventory search of her vehicle and recovered a blue notebook that contained hundreds of personal identifying information, such as names, Social Security numbers, and dates of birth. The notebook also contained information explaining how to file income tax returns.
As part of her plea agreement, Leroy agreed to pay restitution to the IRS of $191,678. This amount represents the monetary loss for the filing of fraudulent income taxes in the names of the individuals listed in the blue notebook found in Leroy’s possession.
Mr. Ferrer commended the investigative efforts of the Identity Theft Strike Force, with special commendation to the IRS-CI and the City of Miramar Police Department. The case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
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.
U.S. Department of Justice Awards Law Enforcement Hiring Grants to Help Build Trust, Reduce Violence and Protect SchoolsRead the Press Release
WASHINGTON, DC—Today, U.S. Attorney General Loretta Lynch announced Office of Community Oriented Policing Services (COPS Office) a funding award to Metropolitan Dade County, in the Southern District of Florida, aimed at creating, and in some cases protecting twenty-five (25) Miami-Dade County Police Department law enforcement positions. Over $107 million will be awarded nationally, through the COPS Hiring Program (CHP), including $3,125,000 to be awarded to Metropolitan Miami-Dade County.
The list of this year’s grantees includes Metropolitan Miami-Dade County (the Miami-Dade County Police Department).
“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Ronald L. Davis, Director of the COPS Office. “These grants are not simply about putting more officers on the street, they are about expanding the capacity of law enforcement agencies to engage in community policing.”
CHP provides grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides salaries and benefits for officer and deputy hires for three years.
“The CHP grants support law enforcement’s ability to advance public safety and strengthen community relations.” stated U.S. Attorney Wifredo A. Ferrer. “The U.S. Attorney’s Office for the Southern District of Florida applauds Metropolitan Miami-Dade County for receiving an award that will augment the crime prevention efforts of our local law enforcement partner, the Miami-Dade County Police Department.”
Priority consideration was given this year to agencies that selected any of the Building Trust focus areas or School Based Policing through School Resource Officers. All applicants were encouraged to refer to the report of the President's Task Force on 21st Century Policing for suggested actions to incorporate into their proposed community policing strategy.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has invested over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 127,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.
For the entire list of grantees and additional information about the 2015 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.
Former Mayor and Councilman for Islamorada Village Sentenced for Tax EvasionRead the Press Release
The former Mayor and Councilman for Islamorada Village was sentenced today, by United States District Court Judge Jose E. Martinez, after previously pleading guilty to conspiring to commit tax evasion, in violation of Title 18, United States Code, Section 371.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Michael Alan Reckwerdt, 47, of Islamorada, Florida, was sentenced to 12 months and 1 day for conspiring to defraud the IRS in the collection of employment taxes. Following his release from incarceration, Reckwerdt will be on supervised release for three years. Reckwerdt was also ordered to pay a $10,000 fine and $160,031.71 in restitution. Reckwerdt previously paid an additional $276,951.46 to the IRS in order to satisfy restitution, interest and penalties.
According to court documents and information presented in court, Reckwerdt, who owns and operates several businesses in Islamorada and Key West, namely, Flamingo Air of the Florida Keys, Inc., Rent-A-Boat, Inc., Robbie’s Charter Enterprises, Inc., Robbie’s Marine Enterprises, Inc., and Robbie’s of Key West, LLC, conspired to pay a portion of his employees’ wages in cash from January 2006 through December 2010, and consequently, underpay employment taxes due and owed to the IRS. The cash payments were uncovered after the IRS executed three search warrants on Reckwerdt’s home and two of his businesses on November 3, 2011, and seized hundreds of business and financial records. A subsequent review of those records revealed that between 2006 and 2010, Reckwerdt’s businesses had systematically paid employees in cash and therefore underreported employees’ wages and underpaid employment taxes. Additionally, interviews of current and/or former employees of Reckwerdt revealed that once an employee’s salary composition was determined, the companies’ books and tax records were falsified to hide and conceal the cash payments to employees. Between 2006 and 2010, Reckwerdt underreported approximately $1,045,841.24 in cash wages, resulting in $160,013.71 of employment tax due and owed to the U.S. government.
Mr. Ferrer commended the investigative efforts of the IRS-CI. This case was prosecuted by Assistant U.S. Attorney Kimberly A. Selmore.
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 City of Miami Police Officer Charged with Accepting BribesRead the Press Release
A former uniformed police officer with the City of Miami Police Department is charged with accepting bribes.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Rodolfo Llanes, Chief, City of Miami Police Department (MPD) made the announcement.
On September 21, 2015, Julio Ruiz made his initial appearance in federal court on a Criminal Information filed by the U.S. Attorney’s Office. In that Information, Ruiz is charged with three counts of affecting commerce by extortion under color of official right, in violation of Title 18, United States Code, Section 1951(a). Specifically, Ruiz is charged with accepting three bribe payments between April 26 and June 12, 2013, for a total sum of $1,800 cash and a cellular telephone. In exchange for the bribe payments, the Information alleges Ruiz misused his position as a police officer by providing access to, and information regarding, traffic accidents within the jurisdiction of the City of Miami police department.
Title 18, United States Code, Section 1951(a) carries a maximum sentence of 20 years’ imprisonment, a maximum fine of $250,000, and a term of supervised release of up to three years. The case has been assigned to United States District Court Judge Cecilia M. Altonaga.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and the City of Miami Police Department Internal Affairs Division. This case is being prosecuted by Assistant U.S. Attorney Anthony Lacosta.
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.
Tax Return Preparer Pled Guilty to Filing a False Claim with the IRSRead the Press Release
A tax return preparer pled guilty to filing a false claim with the Internal Revenue Service (IRS).
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Joseph Akins Owanikin, a/k/a Joe Akins, of Fort Lauderdale, pled guilty to one count of filing a false claim with the Internal Revenue Service, in violation of Title 18, United States Code, Section 287. At sentencing, the defendant faces a maximum statutory sentence of five years in prison.
According to court documents, Owanikin was a professional tax return preparer and operated Akins Financial Inc., a/k/a Akins Financial Services, in Miami-Dade County. The defendant obtained an Electronic Filing Identification Number (EFIN) so that he could submit tax returns electronically to the IRS in the names of other individuals. Owanikin knowingly filed a false and fraudulent claim, that is, a false 2008 individual United States income tax return and supporting documents, including IRS Form 5405 for the First-Time Homebuyer Credit, fraudulently claiming a tax refund of $7,500.
Owanikin is scheduled to be sentenced on December 1, 2015 at 10:30 a.m. before Judge William J. Zloch.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Roger Cruz.
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.
Armed Robbers ConvictedRead the Press Release
Three individuals were convicted in federal court for committing armed robberies in Miami, Florida.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson Jr., Director, Miami-Dade Police Department (MDPD), made the announcement.
Jesse Foots, 24, of Miami, was convicted on September 11, 2015, of one count of participating in a Hobbs Act robbery conspiracy, two counts of participating in a Hobbs Act robbery, and two counts of brandishing a firearm during a crime of violence, following a four day jury trial before United States District Court Judge Cecilia M. Altonaga.
According to evidence presented at trial, on February 26, 2015, Foots and his co-conspirator, Dario Pinson robbed a Miami-Dade County MetroPCS and a Pizza Hut establishment. During the course of the robbery, Foots struck a victim with a firearm and held customers and employees at gunpoint. Foots faces a statutory mandatory minimum of 32 years to life in prison. Sentencing is scheduled for November 19, 2015.
Dario Pinson, 19, of Atlanta, Georgia, previously pled guilty to participating in the robbery conspiracy with defendant Foots. Pinson and co-conspirator Kendrick Belfon, 18, of Miami, pled guilty to a separate armed robbery conspiracy which occurred on February 24, 2015. Pinson was sentenced to 35 years in prison for his criminal conduct. Belfon was sentenced to 10 years in prison.
Mr. Ferrer commended the collaborative investigative efforts of the ATF Miami Field Office/MDPD Street Terror Offender Program, FBI Miami Field Office’s Multi-Agency Violent Crimes Task Force, MDPD’s Robbery Bureau, Miami Shores Police Department, Plantation Police Department, Pembroke Pines Police Department, Broward County Sheriff’s Office, Sunrise Police Department, Davie Police Department, and Miramar Police Department. Mr. Ferrer also thanked the Crisp County Sheriff’s Office, Riverdale Police Department, Clayton County Police Department and Coweta County Sheriff’s Office, in Georgia, for their assistance. The cases are being prosecuted by Assistant United States Attorneys for the Southern District of Florida.
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.
Retired Master Deputy Sheriff Sentenced to 20 Years in Prison for Child Pornography ChargesRead the Press Release
A retired master deputy sheriff was sentenced today to 20 years in prison for receiving, distributing and possessing child pornography, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Alysa D. Erichs of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Miami Field Division and Sheriff Ken J. Mascara of the St. Lucie County, Florida, Sheriff’s Office.
Cameron Dean Bates, 50, of Port St. Lucie, Florida, was found guilty by a jury on June 11, 2015, of four counts of receipt of child pornography, one count of distribution of child pornography and one count of possession of child pornography. In addition to imposing the prison term, Chief U.S. District Judge K. Michael Moore of the Southern District of Florida ordered Bates to pay $3,500 in restitution to a victim.
In March 2011, St. Lucie County Sheriff’s Office detectives and members of the South Florida Internet Crimes Against Children Task Force (ICAC) began an investigation using peer-to-peer (P2P) software. According to evidence presented at trial, investigators discovered that, between December 2010 and June 2012, several Internet protocol (IP) addresses linked to Bates in both St. Lucie County and Palm Beach County were used to download and share child pornography files. The trial evidence showed that a laptop computer recovered during a search of Bates’ home contained numerous images and videos of child pornography, including at least one image depicting a child under the age of 12.
This case was investigated by the St. Lucie County Sheriff’s Office, the South Florida ICAC and ICE-HSI, with assistance from the Palm Beach County, Florida, Sheriff’s Office. The case is being prosecuted by Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Ben Widlanski of the Southern District of Florida.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Justice Department in May 2006 to combat the growing epidemic of child exploitation and abuse. Led by U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Retired Master Deputy Sheriff Sentenced to 20 Years in Prison for Child Pornography ChargesRead the Press Release
A retired master deputy sheriff was sentenced today to 20 years in prison, to be followed by 15 years of supervised release, for receiving, distributing and possessing child pornography, announced U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Alysa D. Erichs of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Miami Field Division and Sheriff Ken J. Mascara of the St. Lucie County, Florida, Sheriff’s Office.
Cameron Dean Bates, 50, of Port St. Lucie, Florida, was found guilty by a jury on June 11, 2015, of four counts of receipt of child pornography, one count of distribution of child pornography and one count of possession of child pornography. In addition to imposing the prison term, Chief U.S. District Judge K. Michael Moore of the Southern District of Florida ordered Bates to pay $3,500 in restitution to a victim.
In March 2011, St. Lucie County Sheriff’s Office detectives and members of the South Florida Internet Crimes Against Children Task Force (ICAC) began an investigation using peer-to-peer (P2P) software. According to evidence presented at trial, investigators discovered that, between December 2010 and June 2012, several Internet protocol (IP) addresses linked to Bates in both St. Lucie County and Palm Beach County were used to download and share child pornography files. The trial evidence showed that a laptop computer recovered during a search of Bates’ home contained numerous images and videos of child pornography, including at least one image depicting a child under the age of 12.
This case was investigated by the St. Lucie County Sheriff’s Office, the South Florida ICAC and ICE-HSI, with assistance from the Palm Beach County, Florida, Sheriff’s Office. The case is being prosecuted by Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Ben Widlanski of the Southern District of Florida.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Justice Department in May 2006 to combat the growing epidemic of child exploitation and abuse. Led by U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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 Hospital District Agrees to Pay United States $69.5 Million to Settle False Claims Act AllegationsRead the Press Release
North Broward Hospital District, a special taxing district of the state of Florida that operates hospitals and other health care facilities in the Broward County, Florida, area, has agreed to pay the United States $69.5 million to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today.
“The Department of Justice has long-standing concerns about improper financial relationships between health care providers and their referral sources, because those relationships can alter a physician’s judgment about the patient’s true health care needs and drive up health care costs for everybody,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “In addition to yielding a recovery for taxpayers, this settlement should deter similar conduct in the future and help make health care more affordable.”
“Our citizens deserve medical treatment uncorrupted by excessive salaries paid to physicians as a reward for the referral of business rather than the provision of the highest quality healthcare,” said U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida. “This office will be steadfast in continuing to devote all necessary resources to ensure that anyone rendering medical care does so for the sole benefit of the patient and in compliance with the law.”
“Improper financial rewards given to physicians in exchange for patient referrals corrupts medical decision making and inflates health care costs,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG). “Our agency will continue to root out such behavior from our health care system.”
The settlement announced today resolved allegations that the hospital district provided compensation to nine employed physicians that exceeded the fair market value of their services. The United States contended that these agreements violated the Stark Statute and the False Claims Act. The Stark Statute restricts the financial relationships that hospitals may have with doctors who refer patients to them.
The allegations settled today arose from a lawsuit filed by a whistleblower, Dr. Michael Reilly, under the qui tam provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. Dr. Reilly will receive $12,045,655.51 from the recovery announced today.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $25 billion through False Claims Act cases, with more than $16 billion of that amount recovered in cases involving fraud against federal health care programs.
The case, United States ex rel. Reilly v. North Broward Hospital District, et al., Case No. 10-60590 (S.D. Fla.), was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office of the Southern District of Florida and the HHS-OIG. The claims settled by this agreement are allegations only, and there has been no determination of liability.
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 Resident Convicted in Social Security Theft SchemeRead the Press Release
A Deerfield Beach resident pled guilty today to having stolen Social Security benefits for more than thirty years.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Margaret Moore-Jackson, Special Agent in Charge, Social Security Administration (SSA), Office of Inspector General, made the announcement.
Claudia Carpenter, 60, of Deerfield Beach, pled guilty to two counts of theft of government funds, in violation of Title 18, United States Code, Section 641. Carpenter is scheduled to be sentenced on November 24, 2015 at 9:30 a.m. by U.S. District Judge Beth Bloom in Fort Lauderdale. The defendant faces up to ten years in prison, three years of supervised release and a $250,000 fine. The defendant will also be required to pay restitution.
According to information presented in court, the Social Security Administration administers numerous programs to provide for the material needs of individuals and their families, including retirement security insurance. Monthly benefits are paid to eligible retired workers and their eligible dependents. From approximately October 1984 through March 2015, Carpenter falsely obtained Social Security Administration Retirement Security Income (“RSI”) benefits that had been issued to her mother, who died in September 1984. The funds were directly deposited into a joint checking account the defendant shared with her deceased mother. After her mother’s death, the defendant continued to receive unauthorized SSA benefits, totaling $239,089. Carpenter withdrew these unauthorized funds by writing checks made payable to “cash” from the account and through cash withdrawals at automatic teller machines.
Mr. Ferrer commended the investigative efforts of SSA’s Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorney Randy Katz.
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.
Twenty-Eight South Florida Residents Sentenced in Marriage and Immigration Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, announce that on August 24, 2015, Inaldo Chavez, 57, of Hialeah, Caridad Baez, 50, of Hialeah, and Masiel Puron, 33, of Marathon, were sentenced following their pleas of guilty to various immigration fraud charges. The conspiracy’s organizers, Chavez and Baez, were sentenced to 21 months’ imprisonment. Recruiter Puron was sentenced to 10 months’ imprisonment. The other defendants, Elides Rodriguez Vallejo, 42, of Marathon, Claudio Catapano, 49, of Argentina, Naile Yubero Carrasco, 30, of Hialeah, Enrique Giglio, 32, of Venezuela, Duniesky Alvarez Perez, 26, of Homestead, Angela Cuellar Velandia, 29, of Colombia, Marcos Vila, 25, of Homestead, Olena Pokotiuk, 27, of Ukraine, Dayana Trigueiro, 21, of Homestead, Vladimir Popa, 28, of Moldova, Yinet Hernandez Martinez, 31, of Weston, Daylin Ramirez Pereira, 24, of Marathon, Igor Singereanu, 29, of Moldova, Jennifer Gutierrez, 22, of Marathon, Serghei Serdiuc, 27, of Moldova, Suset Nodarse Gonzalez, 23, of Coral Gables, Eldar Ben Atar, 28, of Israel, Kassandra Perdomo, 21, of Miami, Efrain Basaldella Landa, 24, of Venezuela, Elio Martinez Alan, 44, of Hialeah, Maria Pinto Camacho, 48, of Venezuela, Jenny Gonzalez, 24, of Miami, and Ido Sharir, 25, of Israel, were sentenced in June following their pleas of guilty to various immigration fraud charges. They received varying sentences. One other individual charged in the indictment remains as a fugitive, Camilo Benavides Prieto, 30, of Colombia.
According to court documents, between May 2011 and February 2014, organizers, Chavez and Baez, and recruiters, including Puron, arranged for United States citizens and lawful permanent residents to enter into fraudulent marriages with aliens for the purpose of evading the immigration laws of the United States. Chavez, Baez, and Puron charged the aliens a fee to arrange the fraudulent marriages, notarized the fraudulent marriage licenses, completed the necessary immigration paperwork, and prepared the co-conspirators for their interviews with United States Citizenship and Immigration Services. The United States citizen and lawful permanent resident co-conspirators also charged the aliens a fee to enter into the fraudulent marriages. Aliens Catapano, Giglio, Velandia, Pokotiuk, Popa, Prieto, Singereanu, Serdiuc, Atar, Landa, Camacho, and Sharir, all paid a fee to enter into fraudulent marriages with United States citizens Gutierrez and Jenny Gonzalez, and lawful permanent residents Vallejo, Carrasco, Perez, Vila, Trigueiro, Martinez, Pereira, Suset Gonzalez, Perdomo, and Alan. These fraudulent marriages took place in the Southern District of Florida. In addition, during the time that they were arranging the fraudulent marriages, Chavez and Baez personally attempted to fraudulently obtain naturalization.
Mr. Ferrer commended the investigative efforts of ICE-HSI and U.S. Citizenship and Immigration Services, who provided significant and valuable support to this investigation. The case is being prosecuted by Assistant U.S. Attorney Vanessa Snyder.
An indictment is only an accusation, and the defendants are presumed innocent until proven guilty.
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 in Stolen Identity Tax Refund Fraud SchemeRead the Press Release
Kiesha Adderly Mitchell, 36, of Miami, was sentenced by U.S. District Court Judge Darrin P. Gayles to 48 months in prison, to be followed by three years of supervised release, for her participation in a stolen identity tax refund fraud scheme. Mitchell was also ordered to pay restitution in the amount of $219,721.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
The same sentence was imposed upon Mitchell’s co-defendant, Melissa Pearl Davis, 32, on August 20, 2015.
Defendants Mitchell and Davis each previously pled guilty to one count of conspiracy to defraud the government with respect to claims, in violation of Title 18, United States Code, Section 286, and one count of aggravated identity theft, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2. As part of their pleas, each defendant agreed to pay restitution in the amount of $219,721.
According to court documents, in 2009, the defendants applied to the Internal Revenue Service (“IRS”) for Electronic Filing Identification Numbers (“EFINs”) in the name of corporate or fictitious entities they controlled, including K. Mitch Services, Inc. and Pebbles Tax & Notary Services. The defendants used those EFINs to submit false and fraudulent federal income tax returns to the IRS, using the names and Social Security numbers of other individuals, without the taxpayers’ authority. After the tax returns were received by the IRS, various financial institutions would authorize the defendants to load onto debit cards refund anticipation loans in the names of tax payers whose names and Social Security numbers were used to file the false and fraudulent tax returns. The defendants then withdrew the unlawfully obtained tax proceeds from the debit cards for their personal use and enrichment. The total intended loss from the defendants’ false and fraudulent filings of unauthorized income tax returns was over $400,000.
Mr. Ferrer commended the investigative efforts of the South Florida Identity Theft Tax Fraud Strike Force, with special commendation to the FBI and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Maurice A. Johnson.
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.
2010 Congressional Candidate and Campaign Manager for His Opponent Sentenced for Committing Election ViolationsRead the Press Release
A 2010 Congressional candidate for Florida’s 25th Congressional District, along with the campaign manager for an opposing candidate from a different party, were sentenced today for violating federal election laws, in violation of Title 18, United States Code, Section 371.
Benjamin G. Greenberg, First Assistant United States Attorney, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
United States District Court Judge Jose E. Martinez sentenced Jeffrey Garcia, 42, of Miami, to two years of probation, including 240 days of home detention, and Jose Rolando Arrojo, 41, of Miami, to one years of probation, including 180 days of home detention. The defendants had previously pled guilty to conspiring to make and accept excessive contributions to the 2010 Roly Arrojo for Congress Committee, in violation of the Federal Election Campaign Act of 1971. In 2010, the Federal Election Campaign Act of 1971, as amended, established a $2,400 per election limit on contributions from any individual to a federal candidates’ authorized campaign committee. Therefore, because the contributions did not exceed the permissible amount by more than $25,000, Garcia and Arrojo faced a maximum possible sentence of one year in prison.
According to court documents and information presented in court, during the 2010 election cycle, Garcia was the campaign manager for a candidate (“Candidate A”) opposing Arrojo in the general election. The objective of the conspiracy was to benefit Candidate A by splitting the general election votes of his opponents, by causing and funding the existence of Arrojo’s campaign. The information also alleges the conspirators used third party checks to conceal the contributions. A $12,000 check signed by Garcia, and drawn from the campaign account of Candidate A, was made payable to Palm Media, LLC, a company that was also owned and operated by Garcia. Garcia then signed two checks, made payable to cash in the amounts of $5,000 and $5,500, drawn from the Palm Media, LLC account. These checks were deposited by Arrojo into a personal account. Arrojo subsequently wrote a $10,500 check from the personal account made payable to “Roly Arrojo for Congress” which was deposited into the bank account for the Roly Arrojo for Congress Committee. Arrojo then caused a $10,440 check to issue from the Committee’s account to the Department of State, in order to cover his filing fee expenses. Arrojo submitted this check, along with an Oath of Candidate form, to the Department of State in order to be placed on the ballot in 2010 for Florida’s 25th Congressional District.
Mr. Greenberg commended the investigative efforts of the FBI Miami Area Corruption Task Force. This case is being prosecuted by Assistant U.S. Attorney Kimberly A. Selmore.
A criminal information is only an accusation and a defendant is presumed innocent unless and until proven guilty.
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.
Miami Resident Sentenced in Identity Theft Tax Fraud Scheme Involving Thousands of Deceased and Other Individuals’ Personal Identifying InformationRead the Press Release
A Miami resident was sentenced to 36 months in prison, followed by three years of supervised release, for participating in an identity theft tax fraud scheme involving thousands of deceased and other individuals’ personal identifying information (PII).
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Neil Melofchik, Acting Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and J. Scott Dennis, Chief, North Miami Beach Police Department (NMBPD), made the announcement.
Yovaris Pardo, 40, of Miami, previously pled guilty to one count of possessing a counterfeit access device, in violation of Title 18, United States Code, Section 1029(a)(1), one count of possessing fifteen or more unauthorized access devices with the intent to defraud, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title l8, United States Codes Section 1028A.
According to court documents, on April 22, 2013, Pardo knowingly used a counterfeit credit card to purchase tires at a Pep Boys Store in North Miami, Florida. Pardo knew that the credit card was counterfeit and acted with the intent to defraud. On July l0, 2013, law enforcement encountered Pardo and executed a search warrant for the contents of her vehicle in Miami-Dade County. In her vehicle, Pardo had numerous counterfeit credit cards, counterfeit driver's licenses, social security cards belonging to other individuals, debit cards also in the names of other individuals that contained fraudulent tax refunds, numerous tax documents, printouts of death record search results (containing names, dates of birth, and social security numbers for deceased people), and notebooks containing handwritten identities (names, dates of birth, social security numbers). Pardo knowingly possessed the approximately 1,320 unauthorized access devices (i.e. debit card numbers, credit card numbers, social security numbers) that were found in her vehicle. Pardo did not have permission or authority to possess or use the PII belonging to the other individuals.
In addition, a forensic examination of Pardo's laptop that was found in the trunk of her vehicle revealed approximately 4,095 death record search results (containing names, dates of birth, and social security numbers for deceased people) and 48 additional credit card numbers. The laptop also contained pictures of credit card skimmers, embossing machines, and credit card readers, as well as software to make fraudulent credit cards, and subscriptions to fraud programs.
Mr. Ferrer commended the investigative efforts of the USSS, IRS-CI and NMBPD. This case is being prosecuted by Assistant U.S. Attorney Vanessa Snyder.
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 Men Indicted Federally in the Wake of an Increase in Gun Violence in West Palm BeachRead the Press Release
Four men were indicted yesterday in the wake of an increase in gun violence in West Palm Beach.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Dave Aronberg, State Attorney, Palm Beach County, Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Bryan Kummerlen, Chief, West Palm Beach Police Department and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, made the announcement.
Patrick D. Turner, 30, Antonio Gaynus, 24, Devontae L. Colbert, 20, and Adrian Coleman, 25, all of West Palm Beach, were charged by indictment with being felons in possession of a firearm. If convicted and determined to be Armed Career Criminals, Turner and Coleman, face a mandatory minimum sentence of 15 years to life in prison. Gaynus and Colbert face a statutory maximum sentence of 10 years in prison.
The criminal complaints allege that on various dates the four defendants unlawfully possessed firearms.
On July 25, 2015, Turner, a convicted felon, was found in possession of a loaded semi-automatic pistol. On July 24, 2015, Gaynus, a convicted felon, was found in possession of a loaded 9mm semi-automatic pistol. On June 29, 2015, law enforcement officers with the West Palm Beach Police Department responded to a shooting at the Roosevelt Full Service Center School in West Palm Beach and found Colbert, a convicted felon, on the scene. Colbert allegedly attempted to conceal a firearm he possessed, by throwing it on top of a container. A forensic examination was conducted and Colbert’s blood and DNA was allegedly discovered on the recovered firearm. On July 15, 2015, Coleman, was the rear passenger of a vehicle and attempted to flee from the police during a traffic stop. Following his arrest, law enforcement discovered that Coleman had placed and attempted to conceal a loaded.45 caliber pistol in the vehicle.
These cases are the result of Project Safe Neighborhoods (PSN). PSN is a Department of Justice nationwide initiative that combines traditional law enforcement activities with community-based support and intervention programs. The two primary goals of the PSN initiative are to reduce and prevent violent crimes and to help past offenders adjust and re-enter the community.
Mr. Ferrer commended the investigative efforts of the ATF, West Palm Beach Police Department and Palm Beach County Sheriff’s Office. These cases are being prosecuted by Assistant U.S. Attorney Adam McMichael.
A criminal indictment is only an accusation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
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.
Six Defendants Sentenced in City of Miami Public Corruption/Kickback CaseRead the Press Release
Two former City of Miami Public Service Aides (PSA), three tow truck drivers, and the former owner of a tow company were sentenced by U.S. District Court Judge Marcia Cooke today for their participation in a kickback/bribery scheme. In that scheme, four tow truck drivers paid PSAs thousands of dollars in a series of bribes over a multi-year period. In exchange for the payments, the PSAs provided the tow truck drivers accident location information and other confidential information from their police department computers.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Rodolfo Llanes, Chief, City of Miami Police Department (MPD), made the announcement.
City of Miami PSA Aristides Paulino, 31, City of Miami PSA Keri Dixon, 27, Jesus Tello, 29, Ronald Alfaro, 27, Reinaldo Martin Cruz, 30, and Robert Muriedas, 43, all of Miami, previously pled guilty to one count of conspiring to deprive the public of honest services through the use of interstate wires and conspiring to participate in a bribery scheme as/with a City of Miami Police Department employee in connection with a series of transactions valued at $5,000 or more in violation of Title 18, United States Code, Section 371. Robert Muriedas, the former owner of a tow truck company involved in the scheme, received a sentence of 34 months imprisonment. PSA Paulino and PSA Dixon were each sentenced to 30 and 29 months, respectively. The tow trucks’ operators, Tello, Alfaro, and Martin Cruz were each sentenced to 32, 29, and 29 months of imprisonment, respectively. All of the defendants are also required to serve one year supervised release, upon their release from prison.
Michael Perez, 22, of Miami, has been scheduled for sentencing at 11:00 a.m. on October 21, 2015.
According to the facts set forth in court documents, the City of Miami has established a wrecker operator system for the purpose of protecting drivers and preventing corruption. For example, when a car is disabled because of an accident, the driver must call a tow company himself or herself, have his or her insurance company arrange a tow, or ask the responding officer or PSA to arrange a tow. If an officer or PSA is asked to arrange the tow, almost every police department, including MPD, has strict regulations on how that tow referral must be made.
As further alleged, the information provided by PSAs Paulino and Dixon to tow truck operators Tello, Martin Cruz, Alfaro and Perez, and other unnamed co-conspirators, enabled the tow truck operators to arrive first at accident scenes, often times even before the arrival of law enforcement. Once there, the tow truck operators would illegally solicit stranded accident victims for towing and steer those victims to a particular collision repair business.
According to the factual proffers in the court file, Paulino admitted taking more than $35,000 worth of bribes between 2011 and 2014, and Dixon admitted receiving more than $20,000 in bribes between 2012 and 2014. Court documents stated that at the times when PSAs Paulino and Dixon were present at the accident locations, Paulino and Dixon actively assisted the tow truck operators in soliciting business from the stranded individuals. When the damaged vehicles were towed, they were delivered to a particular collision repair business which would pay a kickback to the tow truck operators, the PSAs, and the owner of the tow truck. Payment of these kickbacks was prohibited by the tow truck company’s contract with the City of Miami and the City of Miami also lost revenue because each tow was not properly logged as a rotational tow.
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Corruption Task Force and the Internal Affairs Section of MPD. This case is being prosecuted by Assistant U.S. Attorney Anthony Lacosta.
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.
Michigan Man Guilty of Mail Fraud in $50 Million Ponzi SchemeRead the Press Release
A Michigan man was found guilty today of fifteen counts of mail fraud in a $50 million Ponzi scheme that spanned ten years.
Wifredo A. Ferrer, 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, announced today that after a six-week trial, Joseph P. Zada, 57, of Grosse Pointe Shores, Michigan, and formerly of Wellington, Florida, was found guilty today of 15 counts of mail fraud in a $50 million Ponzi scheme that spanned ten years.
The victims included an internationally acclaimed hockey player, a former Olympic equestrian champion, a veterinarian, a jeweler, and a pawnbroker, as well as a number of firefighters. Zada told the victims that he was investing their money in oil and currency trading through a top-secret board headquartered in London. In truth, he never invested their money, but instead squandered it on a lavish jet-set lifestyle, which included mansions in Florida and Michigan. The victims were defrauded out of more than $50 million. When pressed to return the investment money, Zada claimed he was awaiting a billion dollar inheritance from a member of the royal family of Saudi Arabia, but the inheritance never materialized.
Zada was taken into custody immediately after the verdict was read. Zada faces up to 20 years in prison for each of the 15 counts. His sentencing is scheduled for November 20, 2015 at 2:00 p.m. before U.S. District Judge Kenneth A. Marra.
Mr. Ferrer commended the investigative efforts of the FBI. This case is being prosecuted by Assistant United States Attorneys Rolando Garcia and Adrienne Rabinowitz.
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.
Miami-Dade County Resident Sentenced to Four Years in Prison for Causing the Filing of False Cash Payment ReportsRead the Press Release
A Miami-Dade County resident was sentenced to 48 months in prison, followed by three years of supervised release, and was ordered to pay a money judgment in the amount of $165,000 and to forfeit $69,900.22 and a BMW seized during the investigation.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Jeff Key, Chief, Opa-locka Police Department, and J.D. Patterson Jr., Director, Miami-Dade Police Department (MDPD), made the announcement.
Geovanys Guevara, 41, of Hialeah, was previously convicted by a federal jury of three counts of causing the filing of false reports of cash payments over $10,000 received in a trade or business, specifically Form 8300, with the Treasury Department, for the purpose of evading reporting these payments to the Treasury Department, in violation of Title 31, United States Code, Sections 5324(b)(2) and (d)(2).
As shown at trial and in court documents, Guevara purchased three cars in the names of another individual at a Miami-Dade car dealership: a Ferrari involving cash in the amount of $95,000, a Lamborghini involving cash in the amount of $20,000, and a Rolls Royce involving cash in the amount of $50,000. Because Guevara used a straw buyer to purchase the vehicles, his actions caused the car dealership to file a Form 8300 for each purchase containing material omissions and misstatements of fact concerning the true identity of the person from whom the cash was received. Federal law requires every non-financial trade and business to file a Form 8300 with the Treasury Department to report cash payments received over $10,000 during a transaction or two or more related transactions.
Mr. Ferrer commended the investigative efforts of the South Florida Financial Crimes Strike Force, with special commendation to IRS-CI, the Opa-locka Police Department, and the MDPD. The case is being prosecuted by Assistant U.S. Attorneys Elijah A. Levitt and Timothy Abraham.
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.
Miami Gardens Resident Sentenced in Stolen Identity Tax Refund Fraud Scheme Involving Identities from the Florida Department of Children and Families DatabaseRead the Press Release
A Miami Gardens resident was sentenced today to 30 months in prison, followed by three years of supervised release, and was ordered to pay restitution in the amount of $64,557 for his participation in a stolen identity tax refund fraud scheme involving personal identification information taken from the State of Florida Department of Children and Families database.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Neil Melofchik, Acting Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, made the announcement.
Kyron Jonathan Nedd, 22, of Miami Gardens, 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 l8, United States Code, Section 1028A(a)(1).
According to court documents, between February 1, 2014 and July 18, 2014, fraudulent federal income tax returns for tax year 2013 were filed with the IRS from Nedd’s residence in Miami Gardens. The IRS refunded approximately $64,557 for those fraudulently filed tax returns.
Court documents state that on February 12, 2015, a federal search warrant was executed at Nedd’s residence, where agents discovered items containing personal identification information (PII) - names, dates of birth and social security numbers - of hundreds of individuals. Inside Nedd’s bedroom, law enforcement found a safe with numerous debit cards and computer-generated printouts from the State of Florida Department of Children and Families (DCF) database. IRS-CI agents have since determined that there were numerous instances in which the PII contained on the DCF printouts were used in fraudulent returns filed from Nedd’s residence.
According to court documents, federal law enforcement agents interviewed Nedd after serving the federal search warrant. Nedd admitted to law enforcement that he electronically filed the income tax returns from his house and that the returns were false and prepared without the taxpayers’ permission.
Mr. Ferrer commended the investigative efforts of IRS-CI and USSS. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
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.
Miami-Dade County Residents Sentenced in Stolen Identity Unemployment Insurance Fraud and Social Security Fraud SchemeRead the Press Release
Miami brothers Ronet Blanc, 24, and Renet Blanc, 20, were sentenced yesterday to 94 months imprisonment and 82 months imprisonment, respectively, to be followed by three years of supervised release, for filing fraudulent unemployment insurance and Social Security claims using stolen identities.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Rafiq Ahmad, Special Agent in Charge, U.S. Department of Labor, Office of Inspector General (DOL-OIG), Office of Labor Racketeering and Fraud Investigations, Margaret Moore-Jackson, Special Agent in Charge, Social Security Administration, Office of Inspector General (SSA-OIG), Ronald J. Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Neil Melofchik, Acting Special Agent in Charge, United States Secret Service (USSS), Yukima Everett, Manager, Enforcement Section, Michigan Unemployment Insurance Agency, and J. Scott Dennis, Chief, North Miami Beach Police Department (NMBPD), made the announcement.
According to court records, Ronet and Renet Blanc were involved in a scheme that utilized the stolen identities of Michigan and Florida residents to file fraudulent unemployment insurance claims in both of those states. The State of Michigan Unemployment Insurance Agency then sent unemployment payments, by direct deposit, to bank accounts controlled by the Blancs in Florida. The Blancs were identified on bank surveillance photos withdrawing some of the unauthorized funds.
On Wednesday, March 18, 2015, officers executed a federal search warrant at the Blancs’ residence. In one bedroom, along with Renet Blanc’s personal items, law enforcement discovered numerous sheets of paper, ledgers, and other documents containing the personally identifying information (“PII”)—including names, dates of birth, and Social Security numbers—of various individuals who did not appear to live at the Blancs’ residence. In particular, law enforcement discovered in excess of 50 unique sets of PII on notebook paper, W-2 employment forms, and patient records. Law enforcement also discovered a debit card Renet Blanc was captured using at the bank to withdraw fraudulent unemployment insurance funds.
In another bedroom, along with Ronet Blanc’s personal items, law enforcement discovered a laptop computer. A subsequent forensic search of the computer revealed Ronet Blanc’s resume and a spreadsheet containing the personal identification information (“PII”)—including names, dates of birth, and social security numbers—of at least 3,000 individuals, including residents of Michigan and Florida.
In addition to the fraudulent unemployment insurance claims, the Blancs filed fraudulent Social Security claims. The combined actual intended loss which resulted from the Blancs’ conduct was over $2,000,000.00.
Ronet Blanc and Renet Blanc each previously pleaded guilty to one count of using of one or more unauthorized access devices to obtain $1,000 in value or more during one calendar year, as well as one count of possession of fifteen or more unauthorized access devices, and one count of aggravated identity theft. U.S. District Judge Cecilia Altonaga ordered restitution for Renet Blanc in the amount of $25,724 and Ronet Blanc in the amount of $63,366.
Mr. Ferrer commended the investigative efforts of the U.S. Department of Labor, Office of Inspector General (DOL-OIG), Office of Labor Racketeering and Fraud Investigations, SSA-OIG, USPIS, HSI, USSS, Michigan Unemployment Insurance Agency and NMBPD. This case is being prosecuted by Assistant United States Attorney Ben Widlanski.
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.
Miami Beach Resident Sentenced to 152 Months in Prison for Land Fraud Deal in the BahamasRead the Press Release
Lawrence Foster, 50, from Miami Beach, was sentenced today to 152 months’ imprisonment by U.S. District Judge Donald L. Graham, for conspiring to commit wire fraud and committing substantive counts of wire fraud, and was ordered to pay over $8 million in restitution. The Court also ordered the forfeiture of over $1 million that was seized by federal law enforcement.
Wifredo A. Ferrer, 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.
Foster was convicted of all counts after a jury trial for his role in defrauding over 100 investors of over $8 million dollars. Foster fraudulently promised investors that his company, Paradise is Mine, was developing land in the Bahamas.
The government announced its intent to use the forfeited monies to repay a portion of the $8 million owed to the victims of the fraudulent scheme.
Foster’s co-defendants were previously sentenced for their roles in the fraudulent scheme.
Salesperson Jordon McCarty, 37, of Fort Lauderdale, was sentenced in November 2013, to 78 month’s imprisonment for his role in defrauding investors. Johana Leon, 39, of Miami Beach, was sentenced in May 2015, to one year and one day imprisonment, after being convicted of structuring currency transactions.
Mr. Ferrer commended the investigative efforts of the FBI. The case was tried by Assistant U.S. Attorneys H. Ron Davidson and Robert Watson. Assistant United States Attorneys Evelyn Sheehan and Karen Moore handled the forfeiture proceedings in this case.
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 Miami Dade College Employee Sentenced in Identity Theft Tax Fraud SchemeRead the Press Release
A former Miami Dade College (MDC) employee was sentenced to 36 months in prison, followed by three years of supervised release, and was ordered to pay restitution in the amount of $19,083 for his participation in an identity theft tax fraud scheme.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Steve Steinberg, Chief, Aventura Police Department, made the announcement.
Michelson Jeancy, 35, of Miami, previously pled guilty to one count of wire fraud, in violation of Title 18, United States Code, Section 1343, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, Jeancy worked at MDC as a Student Services Assistant. As part of his regular employment, the defendant had access to student records, which contained personal identifying information (“PII”). Between February 2013 and June 2104, the defendant stole the PII of current and former MDC students. Using the students’ PII, the defendant and his accomplices filed fraudulent tax returns.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and the City of Aventura Police Department. The case is being prosecuted by Assistant U.S. Attorney Gera Peoples.
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.
Kenyan National Sentenced to 15 Years for Conspiring to Provide Material Support to Foreign Terrorist OrganizationsRead the Press Release
Mohamed Hussain Said, 27, a citizen and resident of Nairobi, Kenya, was sentenced to 15 years in prison by U.S. District Judge Ursula Ungaro of the Southern District of Florida for conspiring to provide material support to three separately designated Foreign Terrorist Organizations, al-Qa’ida, al-Qa’ida in Iraq/al-Nusrah Front (AQI/al-Nusrah Front) and al-Shabaab.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
On May 28, 2015, Said pleaded guilty to count one of an indictment charging him with conspiracy to provide money and recruits to al-Qa’ida, AQI/al-Nusrah Front in Syria and al-Shabaab in Somalia. During the conspiracy, Said received a series of wire transfers from co-conspirator Gufran Ahmed Mohammed for the purpose of supporting al-Shabaab, and recruited experienced al-Shabaab fighters for AQI/al-Nusrah Front to fight in the conflict in Syria. Additionally, Said tried to recruit other individuals for attacks within the United States.
Assistant Attorney General Carlin joined U.S. Attorney Ferrer in commending the investigative efforts of the FBI and the South Florida Joint Terrorism Task Force. The case was prosecuted by Assistant U.S. Attorneys Brian K. Frazier and Ricardo A. Del Toro of the Southern District of Florida and Trial Attorney Jolie F. Zimmerman of the National Security Division’s Counterterrorism Section.
Federal, State and Local Law Enforcement Agencies Announce the Largest Methamphetamine Distribution Takedown in Okeechobee County HistoryRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, A.D. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Office, Paul C. May, Sheriff, Okeechobee County Sheriff’s Office, John J. Burke, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), Fort Myers Regional Operation Center-Sebring Field Office, and Susan Benton, Sheriff, Highlands County Sheriff’s Office (HCSO) announce the filing of federal charges against 15 defendants for their alleged participation in a conspiracy to distribute controlled substances, specifically methamphetamines, in and around Okeechobee and Highlands Counties. The defendants have been charged in a single indictment in the matter of United States v. Steven Lee Oakes, et. al., 2015-CR-14046-Martinez. In addition to the federal indictment, 29 individuals have been charged by the Office of the State Attorney, 19th Judicial Circuit of Florida for their alleged participation in a related conspiracy to commit narcotics involved racketeering offenses. This coordinated takedown to combat the drug epidemic is one of the largest in the history of Okeechobee and Highlands Counties.
United States Attorney Wifredo A. Ferrer stated, “The continued collaboration between federal and local law enforcement agencies to attack drug trafficking activity is of paramount importance. Methamphetamines continue to poison our communities at alarming rates. Today’s indictment demonstrates that we are dedicated to protecting the public’s safety and improving the quality of life for law-abiding residents of South Florida by adopting proactive law enforcement initiatives. We will continue to work with our State partners to prosecute individuals whose criminal conduct infects our communities.”
“Cooperative law enforcement is the enemy of these drug rings,” said DEA Special Agent in Charge A.D. Wright. “These indictments and arrests demonstrate the commitment DEA has to combating organized networks that traffic drugs in our neighborhoods. We would like to commend the federal and local law enforcement officers who worked side by side with the DEA. We believe that citizens should be protected from rampant drug dealing and other criminal activity in their communities.”
“This operation illustrates the value of bringing the assets of Federal, State, County and Municipal agencies together in a coordinated investigative effort for maximum impact on an insidious and destructive threat to public safety. FDLE is pledged to support any effort to attack methamphetamine and the host of other illicit drugs that threaten the safety of our residents and visitors,” said FDLE Special Agent in Charge John J. Burke.
Sheriff Susan Benton, HCSO, stated, “As we see the direct link between property crimes and the use of methamphetamines; this significant, large scale investigation will certainly impact local crime and our citizens will be safer as a result. Thank you to our partners at the state and federal level for the help they provide to local residents.”
The federal indictment charges 15 defendants in the Southern District of Florida for their alleged participation in a methamphetamine distribution conspiracy. Charged in the ten count indictment are Steven Lee Oakes, a/k/a “Wildman,” 59, of Davenport, Jetta Lyn Frake, 45, of Lorida, Lacy Junior Locklear, 47, of Davenport, Stephen Patrick Hall, Jr., 35, of Dundee, Daniel John Alsdorf, 58, of Okeechobee, James Ledger Carter, a/k/a “Buddy,” 61, of Lake Port, Teresa Lee Green, 45, of Okeechobee, Tanner Lyn Carter, 22, of Lake Port, Felisha Michelle Leitner, 28, of Okeechobee, David Allen Sparks, 49, of Okeechobee, Jamie Lea Hewitt, 35, of Okeechobee, Jessica Marie Bell, 28, of Okeechobee, Vickie Lynn Johnson, 47, of Okeechobee, Travis Wayne Carr, 23, of Okeechobee, and Timothy Dale Reid, 49, of Okeechobee.
The indictment alleges that all fifteen defendants conspired to distribute 50 grams or more of methamphetamine from as early as July 2014 and continuing to and including August 6, 2015, in Okeechobee and Highlands Counties, in the Southern District of Florida, and other locations, in violation of Title 21, United States Code, Sections 841(a)(1) and 846.
In addition to the conspiracy charge, a number of defendants were also indicted for possession with intent to distribute methamphetamine, in various amounts up to 50 grams or more, in violation of Title 21, United States Code, Section 841(a)(1).
- Steven Lee Oakes was charged with possession with intent to distribute 5 grams or more of methamphetamine on October 8, 14, and 28 of 2014, December 5, 2014 and April 26, 2015. Oakes was also charged with possession with intent to distribute 50 grams or more of methamphetamine on December 17, 2014.
- Lacy Junior Locklear was charged with possession with intent to distribute 5 grams or more of methamphetamine on April 26, 2015.
- Daniel John Alsdorf was charged with possession with intent to distribute 5 grams or more of methamphetamine on April 28, 2015.
- Teresa Lee Green was charged with possession with intent to distribute a mixture or substance containing a detectible amount of methamphetamine on March 10, 2015.
- Vickie Lyn Johnson was charged with possession with intent to distribute 5 grams or more of methamphetamine on March 31, 2015.
During the course of the investigation, law enforcement seized a significant amount of methamphetamine.
This case was the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
The federal indictment is being prosecuted by Assistant U.S. Attorney Courtney L. Coker and Special Assistant United States Attorney Ryan L. Butler. The state matters are being prosecuted by Assistant State Attorney Ashley Albright.
If convicted in federal court, the defendants face the following possible statutory sentences: a mandatory minimum of ten years and up to life in prison for the conspiracy to distribute and/or possession with intent to distribute 50 grams or more of methamphetamine; a mandatory minimum of five years and up to forty years in prison for possession with intent to distribute five grams or more of methamphetamine; and up to twenty years in prison for possession with intent to distribute a mixture or substance containing a detectible amount of methamphetamine.
Mr. Ferrer commended the collaborative efforts of the U.S. Attorney’s Office for the Middle District of Florida and the Okeechobee County Office of the State Attorney. Mr. Ferrer thanked the OCDETF law enforcement agencies that assisted with this multi-faceted investigation, including the DEA, Okeechobee County Sheriff’s Office Narcotics Task Force, FDLE’s Fort Myers Regional Operations Center Sebring Field Office, HCSO, the Okeechobee Police Department, Glades County Sheriff’s Office, Saint Lucie County Sheriff’s Office, Fort Pierce Police Department, the Fort Pierce Offices of the United States Marshals Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HIS), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Port Saint Lucie Police Department, Martin County Sheriff’s Office, United States Border Patrol, and Indian River County Sheriff’s Office
An indictment and state charging instruments are only accusations and a defendant is presumed innocent unless and until proven guilty.
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.
Defendant Sentenced for Conspiring to Provide Material Support to Foreign Terrorist OrganizationsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John P. Carlin, Assistant Attorney General for National Security, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and the members of the South Florida Joint Terrorism Task Force (JTTF), announce that Mohamed Hussain Said, 27, a citizen and resident of Nairobi, Kenya, was sentenced to fifteen years in prison by U.S. District Judge Ursula Ungaro, for conspiring to provide material support to three separately designated Foreign Terrorist Organizations, al-Qa’ida, al-Qa’ida in Iraq/al-Nusrah Front (“AQI/al-Nusrah Front”), and al-Shabaab.
On May 28, 2015, Said pled guilty to Count 1 of an Indictment charging him with conspiracy to provide money and recruits to al-Qa’ida, AQI/al-Nusrah Front in Syria, and al-Shabaab in Somalia. During the conspiracy, Said received a series of wire transfers from co-conspirator Gufran Ahmed Mohammed for the purpose of supporting al-Shabaab, and recruited experienced al-Shabaab fighters for AQI/al-Nusrah Front to fight in the conflict in Syria. Additionally, Said tried to recruit other individuals for attacks within the United States.
Mr. Ferrer commended the investigative efforts of the FBI and the South Florida Joint Terrorism Task Force. The case was prosecuted by Assistant U.S. Attorneys Brian K. Frazier and Ricardo A. Del Toro and Trial Attorney Jolie F. Zimmerman from the Counterterrorism Section of the Justice Department’s National Security Division.
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
North Miami Resident Sentenced in Stolen Identity Tax Refund Fraud SchemeRead the Press Release
A North Miami resident was sentenced to 31 months in prison, followed by three years of supervised release, and was ordered to pay restitution in the amount of $18,469 for his participation in a stolen identity tax refund fraud scheme.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Neil Melofchik, Acting Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, made the announcement.
Alexander Paul, 23, 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, from February 2, 2014 to May 20, 2014, fifty-three (53) tax returns were filed from Paul’s residence claiming federal tax refunds of $109,322. The IRS paid out $18,469 in refunds on those tax returns.
A search warrant was executed at the defendant’s residence where law enforcement found and seized evidence relating to identity theft and the filing of false tax returns. Personal identification information (PII) of other individuals was found in a notebook, computer, and two cellular telephones in Paul’s bedroom. The computer also contained copies of tax returns filed in the names of other individuals.
Paul admitted to law enforcement that he possessed the PII found in the residence, that he prepared and filed the 53 tax returns electronically submitted to the IRS, and that he loaded the refunds obtained onto debit cards. The defendant did not have permission or authority to use the PII, belonging to other individuals, to prepare the tax returns.
Mr. Ferrer commended the investigative efforts of IRS-CI and the USSS. The case is being prosecuted by Assistant U.S. Attorneys Daya Nathan and Brooke C. Watson.
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.
Indian River County Resident Sentenced to 24 Years in Prison for Enticing Minors over the InternetRead the Press Release
An Indian River County resident was sentenced by U.S. District Judge Jose E. Martinez in Fort Pierce, Florida on August 25, 2015, to 24 years and 5 months in prison for enticing minors over the internet.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Deryl Loar, Sheriff, Indian River County Sheriff’s Office (IRCSO), and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), made the announcement.
Jay Frederick Nagel, 26, of Indian River County, was sentenced to concurrent terms of 292 months’ imprisonment following his guilty plea to three counts of enticement of a minor, in violation of Title 18, United States Code, Section 2422(b). Following his term of imprisonment, the defendant will be placed on supervised release for 20 years and be required to register as a sex offender.
According to court records, Nagel created a Facebook account using the alias “Jonathan Langley” and purported to be between 21 and 23 years of age. In the fall of 2013, Nagel used Facebook’s private messaging service in order to communicate with 12 to 17 year old minor females in Indian River County. Search warrant records for Nagel’s Facebook account produced the message content data of the defendant’s communications with the minor victims. Nagel targeted emotionally vulnerable minors. Nagel would befriend, compliment and express his interest in the minors, over the internet. After establishing a connection with the minors over the internet, Nagel would meet the victims in person and on occasion provide them with alcohol or marijuana. Nagel also enticed the minors to engage in sexual acts with him at his place of employment, at his apartment, or at the victims’ residences.
Mr. Ferrer commended the investigative efforts of the Indian River County Sheriff’s Office and ICE-HSI for their work on this case. The case is being prosecuted by Special Assistant U.S. Attorney Ryan Butler.
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 United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Four Tampa Residents Plead Guilty in Conspiracy to Import XLR-11, a Synthetic Cannabinoid, a/k/a "Spice"Read the Press Release
Four Tampa residents plead guilty to their involvement in a conspiracy to import a synthetic cannabinoid, XLR-11, a/k/a “Spice,” and paraphernalia to the United States from China, before United States Chief Magistrate Judge Frank J. Lynch, Jr., in Ft. Pierce, Florida.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), A.D. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, and Ronald J. Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, made the announcement.
Saiful Hossain, 28, of Tampa, pleaded guilty to conspiracy to import a Schedule l controlled substance (XLR-11) and conspiracy to manufacture, possess with intent to manufacture and distribute a Schedule l controlled substance (XLR-11). Each offense carries a maximum penalty of 20 years in prison. Hossain also agreed to the forfeiture of assets totaling over $1.5 million and real property in St. Petersburg, Florida.
Last week, on Tuesday, August 11, 2015, Ahmed Yehia Khalifa, 28, and Ahmed Maher Elhelw, 25, both from Tampa, pleaded guilty to conspiracy to import a Schedule 1 controlled substance (XLR-11) and conspiracy to manufacture, possess with intent to manufacture and distribute a Schedule 1 controlled substance (XLR-11). Each offense carries a maximum penalty of 20 years in prison. The defendants also agreed to the forfeiture of assets totaling $472,780.00.
On Wednesday, August 12, 2015, Tanjina Islam Piya, 24, of Tampa, pleaded guilty to conspiracy to import drug paraphernalia. The offense carries a maximum penalty of 3 years in prison. The defendant also agreed to the forfeiture of assets totaling $157,158.80 and real property in St. Petersburg, Florida.
The sentencing for the four defendants has been set for October 22, 2015, before U.S. District Court Judge Donald M. Middlebrooks in West Palm Beach, Florida.
According to allegations contained in court records, U.S. Customs and Border Protection (CBP) Officers in New York identified, searched and detained twelve United States Postal Service (USPS) parcels, destined for Indian River and Palm Beach Counties, in the Southern District of Florida. Each of the parcels was shipped from China and allegedly contained three kilogram packages of a controlled substance, XLR-11 a chemical used in the manufacture of smokable synthetic cannabinoids (SSC). The parcels were mailed to separate private mailboxes, with defined street addresses, located at mailbox service centers in Indian River and Palm Beach Counties.
The court records further allege that SSC products, commonly known as “Spice,” are a mixture of an organic “carrier” medium, such as the herb-like substance damiana leaf and/or marshmallow leaf, which is then typically sprayed or mixed with a synthetic cannabinoid chemical compound which mimics the pharmacological effect of a Schedule I or II controlled substance. This organic “carrier” is then commonly sprayed with a tobacco flavoring such as strawberry, blueberry, or pineapple, in order to mask the harsh chemical taste upon ingestion. Currently, there are hundreds of synthetic cannabinoid compounds.
Mr. Ferrer commended the investigative efforts of HSI, DEA, USPIS, CBP, Hillsborough County Sheriff’s Office, Tampa Police Department, and the Indian River County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorneys Carmen Lineberger and Antonia Barnes.
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.
Broward Man Charged in Federal Court for Using a Means of Interstate Commerce to Attempt to Entice a Mother and Her Minor Daughters to Engage in IncestRead the Press Release
Broward man charged in federal court for using a means of interstate commerce to attempt to entice a mother and her minor daughters to engage in incest
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Dave Aronberg, State Attorney, Palm Beach County, George Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office and Rick Bradsaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), made the announcement.
Aaron J. Fink, 44, of Deerfield Beach, has been charged by a criminal complaint with using the internet to attempt to entice a mother and her two minor children to engage in illegal sexual activity. Fink is presently in state custody at the Palm Beach County jail and is expected to appear for Initial Appearance in two weeks before a United States Magistrate Judge upon which the government will seek his detention. If convicted, the defendant faces a 10 year mandatory term of imprisonment and a maximum term of life.
Between June 29, 2015, and August 13, 2015, Fink sent numerous sexually explicit messages via a public website, e-mail and text messages to an undercover officer who posed as the single mother of two minor daughters, 8 and 12 years old. As alleged in the criminal complaint, Fink discussed his desire to have sexual intercourse with the mother and both children as part of an incestuous relationship. Fink’s desires culminated on August 13, 2015, when he drove to West Palm Beach in an attempt to meet the mother and her children to engage in illegal sexual activity. PBSO intercepted Fink and he was arrested. Fink later confessed to sending sexually explicit messages to the mother, whom he did not know was an undercover officer. Fink also admitted that he traveled to West Palm Beach to meet the mother and minor children to “possibly” engage in sexual activity with them.
This case was adopted from state prosecution in cooperation with the Palm Beach County State Attorney’s Office and the South Florida ICAC. This case was also brought into federal court as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Project Safe Childhood was launched in May 2006 by the Department of Justice and is led by United States Attorney’s Offices and the Criminal Division’ Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case is being prosecuted by Assistant U.S. Attorney Adam McMichael and Special Assistant U.S. Attorney Gregory Schiller from the Palm Beach State Attorney’s Office.
A complaint is only an accusation and a defendant is presumed innocent unless and until proven guilty.
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.