FEDERAL DISTRICT ARCHIVE
Southern District of Florida
Press releases recorded for this federal judicial district.
Two Tampa Corporations and Four Tampa Residents Plead Guilty to Scheme to Unlawfully Sell an Unregistered Pesticide and Obstruct JusticeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Maureen O’Mara, Special Agent in Charge, United States Environmental Protection Agency, Criminal Investigation Division (EPA-CID), Michael A. Hill, Special Agent in Charge, United States Environmental Protection Agency, Office of Inspector General (EPA-OIG), Atlanta Field Office, and Colonel/Director Calvin Adams, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement (FWCC), announce that New Nautical Coatings, Inc., d/b/a “Sea Hawk Paints,” Sea Hawk Refinish Line, Inc., d/b/a “Refinish Line Auto Supplies,” of Clearwater, and Erik Norrie, 42, David Norrie, 46, Jason Revie, 44, and Tommy Craft, 46, each of Hillsborough County, pled guilty before United States District Judge Ursula Ungaro.
New Nautical Coatings, Inc. and David Norrie pled guilty to willfully conspiring to corruptly obstruct the due and proper administration of law under which a pending proceeding was being had before the Environmental Protection Agency, in violation of Title 18, United States Code, Section 371. At sentencing, David Norrie faces up to five years in prison, up to three years of supervised release, and a $250,000 fine. At sentencing, New Nautical Coatings, Inc. faces a fine of up to $500,000, or twice the gross pecuniary gain resulting from the offense, whichever is greater, and a term of probation of not less than one year and not more than five years. Pursuant to the terms of the plea agreement, New Nautical has agreed to pay a fine of $1,235,315.00, and implement a comprehensive Environmental Compliance Plan in cooperation with the U.S. Attorney’s Office and the EPA.
Sea Hawk Refinish Line and Erik Norrie pled guilty to willfully conspiring to knowingly distribute and sell an unregistered pesticide, in violation of Title 18, United States Code, Section 371. Jason Revie and Tommy Craft pled guilty to knowingly distributing and selling an unregistered pesticide, in violation of Title 7, United States Code, Section 136j(a)(1)(A). At sentencing, Erik Norrie, Jason Revie and Tommy Craft face up to one year in prison, up to one year of supervised release and a $100,000 fine. Sea Hawk Refinish Line, Inc. faces a fine of up to $200,000, or twice the gross pecuniary gain resulting from the offense, whichever is greater, and a term of probation of not more than five years.
According to court documents, New Nautical manufactured a marine paint called Biocop Anti-Fouling Coating which contained tributyltin methacrylate (“TBT”), a pesticide subject to registration with the EPA that was found to have a significant harmful effect on marine life. On or about March 30, 2005, the EPA cancelled New Nautical’s registration for Biocop, making it unlawful for the company to manufacture Biocop for sale in the United States after December 1, 2005, or sell Biocop in the United States after December 31, 2005. At the time, New Nautical was the last manufacturer of TBT based anti-fouling coatings in the United States.
In order to manufacture and sell Biocop after its registration was canceled, New Nautical Coatings conceived and executed a plan to produce and sell Biocop in the United States by making it appear that it had manufactured Biocop prior to December 1, 2005, and sold its inventory of the banned pesticide to distributors, including to codefendant Refinish Line, by December 31, 2005. In an effort to conceal New Nautical’s unlawful production and sale of Biocop from authorities, David Norrie falsely represented to an EPA inspector that New Nautical had sold its existing stock of Biocop to distributors. Additionally, after David Norrie sold 60 gallons of Biocop to a customer in Broward County, he directed that customer to tell the EPA that he did not have Biocop and that New Nautical did not sell Biocop.
Sentencing for all defendants is scheduled for December 5, 2014.
Mr. Ferrer commended the investigative efforts of EPA-CID, EPA-OIG, and FWCC. This case is being prosecuted by Assistant U.S. Attorneys Alejandro O. Soto and Maria Medetis.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Stuart Rosenfeldt Sentenced in Connection with Rothstein CaseRead the Press Release
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 Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Stuart Rosenfeldt, 59, of Boca Raton, was sentenced today by United States District Judge Marcia G. Cooke to 33 months imprisonment, to be followed by two years’ supervised release in connection with his conviction for conspiracy to commit campaign finance fraud, to defraud the United States, to commit bank fraud and to deny civil rights, in violation of 18 U.S.C. § 371. Rosenfeldt was an attorney admitted to practice law in Florida and was an equity partner in the former Ft. Lauderdale law firm of Rothstein, Rosenfeldt and Adler, P.A. (RRA).
During his June 11, 2014 guilty plea, the defendant admitted that, in order to circumvent campaign finance laws setting limitations on the amounts which donors can contribute, Rothstein enlisted some of the attorneys and administrative personnel of RRA, and other persons associated with RRA, including Rosenfeldt, to make political contributions to various political campaigns which were unlawfully reimbursed to them by RRA. Rosenfeldt also participated in a scheme to float checks between and among certain bank accounts maintained by RRA in a form of bank fraud commonly known as “check kiting.” Additionally, Rosenfeldt arranged with Rothstein to have certain law enforcement officers utilize unlawful threats against the boyfriend of an escort who was threatening to expose an illicit relationship which existed between the escort and Rosenfeldt.
Mr. Ferrer commended the investigative efforts of the FBI and IRS-CI. This case was prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and Jeffrey N. Kaplan.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Defendants Charged Separately in Jamaica Based Lottery SchemesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, 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), and William D. Snyder, Sheriff, Martin County Sheriff’s Office (MCSO), announce the indictments of three individuals for their roles in Jamaica based telemarketing fraud schemes. Shanice Ethridge, 24, of Broward County, was charged with conspiracy to commit mail fraud, in violation of Title 18, United States Code, Section 1349, wire fraud, in violation of Title 18, United States Code, Section 1343, with an enhanced penalty for targeting the elderly, in violation of Title 18, United States Code, Section 2326. Mikhail Gorbachev George Williams, 25, of Broward County, was charged with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, wire fraud, in violation of Title 18, United States Code, Section 1343, and unlicensed money transmitting business, in violation of Title 18, United States Code, Section 1960. Fabian Winston Parkinson, 33, of Miami-Dade County, has been charged with mail fraud, in violation of Title 18, United States Code, Section 1341.
Defendants Ethridge and Williams made their initial appearance this morning before United States Magistrate Judge Patrick M. Hunt in Fort Lauderdale. Defendant Parkinson is scheduled to make his initial appearance this afternoon in Dallas, Texas.
According to the indictments, Ethridge, Williams and Parkinson participated in fraudulent lottery schemes emanating from Jamaica, in which elderly victims throughout the United States were told that they had won a lottery or a sweepstakes but first had to pay taxes, duties or fees on their supposed winnings in order to receive their prize. These elderly victims were induced to send thousands of dollars to cover bogus fees, taxes and insurance for lottery winnings they had not won.
According to the indictments, the co-conspirators and co-schemers sent letters and made multiple telephone calls to the victims claiming to be from a purported sweepstakes/lottery company in the United States. As alleged in the indictment, the victims were told that they had to pay several thousand dollars in order to collect their purported winnings. The co-conspirators and co-schemers allegedly told the victims to make payments to either Ethridge, Williams or Parkinson in order to receive their winnings. Ethridge, Williams and Parkinson received the victims money either by wire transfers, cash, money orders and checks though the U.S. mail and prepaid debit cards.
“We will not allow South Florida to be a pipeline for these money couriers who are the lifeblood of these fraudulent schemes that prey on the elderly and vulnerable,” said United States Attorney Wifredo Ferrer. “We are committed to cutting off the money flow by dismantling these fraudulent lottery cells and prosecuting all of those involved, both here and abroad.”
“Combating scammers who target senior citizens is a priority for the Postal Inspection Service” said U.S. Postal Inspector in Charge in Miami Ronald Verrochio. “Aside from enforcement; we are also actively taking steps to educate elderly Americans about the dangers of lottery frauds.”
“These arrests show that HSI is committed to stopping individuals who prey on our senior citizens,” said Special Agent in Charge of HSI Miami Alysa D. Erichs. “We will continue to work with our international partners and other law enforcement agencies to put an end to these criminal organizations.”
“The Martin County Sheriff’s Office is proud to be part of the team bringing scam artists such as these to justice,” said Martin County Sheriff William D. Snyder. “These scammers who prey on our seniors in Martin County and elsewhere cannot be allowed to continue. These arrests are a testament to our joint efforts with our law enforcement’s partners at the state, local and federal levels.”
Mr. Ferrer commended the investigative efforts of USPIS, ICE-HSI, and the Martin County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Bertha R. Mitrani.
An indictment is merely an allegation, and every defendant is 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
South Florida Doctor and Other Professionals Charged with Health Care Fraud at Biscayne Milieu Health Center, Inc.Read the Press Release
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 Derrick Jackson, Acting Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General’s (HHS-OIG), Miami Regional Office, announce that Salo Shapiro, 69, a medical doctor, of Broward County, Marlene Cesar, 63, a licensed nurse practitioner, of Allentown, Pennsylvania and former resident of Miami, and Sonia Gallimore, 73, a licensed mental health counselor, of Broward County, were indicted on charges of conspiracy to commit health care fraud, health care fraud, and false statements related to health care matters, in violation of Title 18, United States Code, Sections 1349, 1347, and 1035.
According to the indictment, the defendants and their co-conspirators caused the submission of over $55 million dollars in false and fraudulent claims to Medicare through Biscayne Milieu, a Miami-based clinic which purportedly operated a partial hospitalization program (PHP) – a form of intensive treatment for severe mental illness. Instead, the defendants and their co-conspirators devised a scheme in which ineligible Medicare beneficiaries were admitted to Biscayne Milieu and Medicare was fraudulently billed for services that were never provided. Many of the patients admitted to Biscayne Milieu were not eligible for PHP because they were chronic substance abusers, suffered from severe dementia and would not benefit from group therapy, or had no mental health diagnosis but were seeking exemptions for their U.S. citizenship applications.
The indictment alleges that, as an attending physician at Biscayne Milieu, Shapiro authorized the treatment of patients that he knew were ineligible for PHP treatment. The same was true of Cesar, who also knowingly admitted ineligible patients as a nurse practitioner. The indictment further alleges that Gallimore, a licensed mental health counselor, conducted sham therapy sessions for patients that she knew were ineligible for PHP treatment. As a result of the defendants’ and their co-conspirators’ actions, Biscayne Milieu billed Medicare for over $55 million in false and fraudulent claims, and Medicare paid the clinic over $11 million.
Various owners, a doctor, managers, therapists, patient brokers and other employees of Biscayne Milieu have also been charged with various health care fraud, kickback, money laundering and other offenses in three other indictments unsealed in September 2011, May 2012, and February 2013. Biscayne Milieu, its owners, and more than 25 of the individual defendants charged in these cases have pleaded guilty or have been convicted at trial. Antonio and Jorge Macli and Sandra Huarte – the owners and operators of Biscayne Milieu – were each convicted at trial of various offenses and were sentenced in April 2013 to 30 years, 25 years, and 22 years in prison, respectively. Dr. Gary Kushner, another attending physician and former medical director of Biscayne Milieu, was sentenced to 12 years in prison in March 2013.
The case is being prosecuted by Assistant U.S. Attorney James V. Hayes of the U.S. Attorney’s Office for the Southern District of Florida; James V. Hayes was formerly a Trial Attorney with the Fraud Section of the Justice Department’s Criminal Division. The case was investigated by the FBI with the assistance of HHS-OIG, and was brought by the U.S. Attorney’s Office for the Southern District of Florida in coordination with the Medicare Fraud Strike Force, supervised by 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 nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 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.
An indictment is merely an accusation, and defendants are 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Residents Plead Guilty in Scheme to File False Tax ReturnsRead the Press Release
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), George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J. Scott Dennis, Chief, North Miami Beach Police Department, announce that defendants Michael Virgile, 28, and Shana Sainvil, 26, both of Miami, each pled guilty to one count of wire fraud, in violation of Title 18, United States Code, Section 1343. Sentencing is scheduled for December 11, 2014 at 9:30 a.m. At sentencing, the defendants each face up to twenty years in prison.
According to court documents, in 2009, Virgile set up a corporation called Tax Masters & Multi-Services LLC (Tax Masters) listing himself as managing member with Sainvil, and Sainvil applied for two electronic filing identification numbers (EFINs) with the IRS. From early 2010 to late 2011, Virgile caused fraudulent income tax returns in other people’s names to be filed with the IRS primarily using Sainvil’s EFINs. Virgile knowingly included fraudulent income amounts and inapplicable tax credits to cause a greater refund payment. Many of the tax returns were prepared in the names of high school or college students who were not entitled to refunds.
Court documents also state that approximately $1.2 million in fraudulent refunds were deposited into bank accounts controlled by Virgil, and between $200,000 and $400,000 in fraudulent refunds were paid into Sainvil’s accounts. The defendants used the fraudulent refund proceeds for their own personal use and benefit.
Mr. Ferrer commended the investigative efforts of IRS-CI, FBI and North Miami Beach Police Department. The case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Man Who Falsely Obtained A Million Dollar Miami Heat Premium Ticket Package Enters Guilty PleaRead the Press Release
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 that Haider Zafar, 36, formerly of Miami-Dade County, has entered a guilty plea, in United States District Court in the Southern District of Ohio, to five counts of wire fraud in connection with an investment scam that yielded millions of dollars from investors and a Miami Heat premium ticket package.
At sentencing, Zafar faces a maximum penalty of 20 years in prison on each wire fraud count.
According to the indictment, Zafar would introduce and falsely portray himself as Haider Zafar Haswhani, a member of a wealthy and influential Pakistani family that operated several hotels, textile plants and oil businesses. He claimed he lived in a penthouse in The Essex house in New York, but also had residences at The Setai, the Mondrian, and 10 Museum Park, across the street from the American Airlines Arena.
Using this false persona, Zafar approached a Miami Heat sales executive and fraudulently obtained a Miami Heat premium three-season ticket package, which cost $1,055,000 with a promise to pay in the near future. Then he used the same scheme in approaching several other investors, promising them various investment opportunities and ultimately fraudulently obtaining in excess of $3,500,000.
At the time of this offense Zafar was living in Miami-Dade County. At the time of Zafar was indicted on these charges, he was incarcerated in Ohio awaiting sentencing on federal fraud charges there. Shortly thereafter, the defendant agreed to plead guilty and the case was transferred to the Southern District of Ohio in order for him to enter a guilty plea and his ultimate sentencing.
Mr. Ferrer commended the investigative efforts of the FBI. The case was prosecuted in the Southern District of Florida by Assistant U.S. Attorney Luis M. Pérez. The United States Attorney for the Southern District of Ohio is Carter M. Stewart, and Assistant U.S. Attorney Dale E. Williams, Jr. is prosecuting the case before Edmund A. Sargus, Jr., United States District Judge, Southern District of Ohio
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Fast Train Owner and Three Admissions Representatives Arrested for Theft of Federal Student AidRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Yessyka Santana, Special Agent in Charge, Department of Education, Office of Inspector General (ED-OIG), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Alejandro Amor, 56, of Coral Gables, Jose W. Gonzalez, 53, of Port Orange, Michael Grubbs, 37, of Jacksonville, and Anthony Mincey, 57, of Jacksonville, have been charged in a fifteen count indictment with conspiracy to steal government funds, in violation of Title 18, United States Code, Section 371, and theft of government funds, in violation of Title 18, United States Code, Section 641. If convicted, the defendants face up to five years in prison, three years of supervised release, a $250,000 fine, and restitution, on the conspiracy count, and up to ten years in prison, three years of supervised release, a $250,000 fine, and restitution on each substantive count. The case has been assigned to United States District Judge Joan A. Lenard.
Defendant Amor made his initial appearance before United States Magistrate Judge Chris M. McAliley. Defendant Gonzalez made his initial appearance before United States Magistrate Judge David A. Baker, in Orlando. Defendants Grubbs and Mincey made their initial appearances before United States Magistrate Judge Patricia D. Barksdale, in Jacksonville.
According to the indictment, from approximately August 2008 through May 2012, Alejandro Amor, the owner of a for-profit proprietary college called Fast Train, directed his admissions representatives, including Jose W. Gonzalez, Michael Grubbs, and Anthony Mincey, among others, to defraud the United States Department of Education, by recruiting students who were not eligible for federal student aid and falsifying student aid applications in order to obtain federal Pell Grants and Direct Loans. As a result of these fraudulent recruiting practices, Alejandro Amor, Jose W. Gonzalez, Michael Grubbs, Anthony Mincey, and others, caused Fast Train students to submit approximately 1300 fraudulent student aid applications, which yielded approximately $6.5 million in fraudulently obtained Pell Grant and Direct Loan funds.
Mr. Ferrer commended the investigative efforts of ED-OIG and the FBI. This case is being prosecuted by Assistant U.S. Attorney Amanda Perwin.
An indictment is only an accusation and a defendant is 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Defendants Sentenced in Tax Fraud SchemeRead the Press Release
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), announce that Scarlet Veres, 45, and Steven M. Veres, III, 49, both of Clermont, formerly of Broward County, were sentenced today before U.S. District Judge Robert N. Scola, Jr. for their participation in a scheme to evade paying taxes on income received through their construction company following the 2004 and 2005 hurricanes. Scarlet Veres was sentenced to 18 months in prison, to be followed by three years of supervised release. Steven Veres was sentenced to 24 months in prison, to be followed by three years of supervised release. Additionally, each defendant was ordered to pay $600,000.00 in restitution.
Scarlet and Steven Veres each previously pled guilty to one count of conspiracy to defraud the United States, in violation of Title 18, United States Code, Section 371.
According to court documents, Scarlet Veres and Steven M. Veres III, who was then a licensed general contractor, were the sole shareholders of Superior Contracting, Inc., a Broward County-based construction company. In 2005, Superior Contracting, Inc. received millions of dollars from contracts to make hurricane-related repairs, including a contract to make repairs at a condominium development in Fort Pierce. During 2005, the defendants diverted corporate receipts of Superior Contracting, Inc. for their own use. In order to conceal their diversion of corporate funds, the defendants falsified the profit and loss statement of Superior Contracting, Inc. by characterizing personal expenses, including the purchase of property in Parkland, the construction of their personal residence on the Parkland property, the purchase of a residence in Osceola County, and a $550,000 personal real estate investment as business expenses. The defendants further falsified the profit and loss statement by claiming that a $400,000 personal real estate investment was a repayment of a fictitious loan previously made to Superior Construction, Inc. Pursuant to their plea agreements, the defendants agreed to pay restitution to the Internal Revenue Service in the amount of $600,000.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case was prosecuted by Assistant U.S. Attorney Stephanie Evans.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Leader and Organizer of $49.6 Million Mortgage Fraud Scheme Sentenced to 27 Years and Three Months in PrisonRead the Press Release
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 Fred W. Gibson, Principal Deputy Inspector General, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG), Atlanta Regional Office, announce that Domenico “Dom” Rabuffo, 78, of Miami, was sentenced by Chief United States District Judge K. Michael Moore for his role as a leader and organizer of a $49.6 million bank fraud and wire scheme, perpetrated from approximately 2003 through 2008. Domenico Rabuffo was sentenced to 27 years and three months in prison for his role in the fraud scheme.
On July 3, 2014, Domenico Rabuffo and three co-defendants, Mae Rabuffo, 75, of New York, Raymond E. “Ray” Olivier, 52, of Land O’ Lakes, Florida, and Curtis Allen Davis, 52, of Tampa, were convicted of conspiracy to commit bank fraud and wire fraud after an 11 day-jury trial before Chief Judge Moore. Domenico Rabuffo, Olivier, and Davis were also convicted of various bank fraud offenses.
According to the indictment and evidence at trial, from 2003 to 2008, Rabuffo and his co-defendants conspired to perpetrate a complex $49.6 million mortgage fraud scheme against various FDIC-insured lenders, including Bank of America, Regions Bank, SunTrust Bank, and Wachovia Bank. Rabuffo and his ex-wife Mae Rabuffo used shell companies to acquire ownership and control of a purported residential property development known as Hampton Springs, located in Cashiers, North Carolina. Then, Rabuffo, Olivier, and Davis recruited numerous straw borrowers to purchase building lots in the development. Several of the straw borrowers testified at the trial. According to their testimony and other evidence, Domenico Rabuffo paid the borrowers to obtain lot purchase loans and construction loans for building lots in Hampton Springs. To obtain the loans, Domenico Rabuffo, Mae Rabuffo, Olivier, Davis, and other conspirators, submitted fraudulent loan applications and related documents to the lenders and the lenders’ closing agents.
Among other things, the loan applications and settlement statements for the lot loans contained fraudulent statements that the borrowers paid earnest money deposits and cash due at the closing. In fact, the deposits and cash-to-close were paid by Domenico Rabuffo and Mae Rabuffo using proceeds from the fraudulent scheme. Further, Domenico Rabuffo and Mae Rabuffo sent fraudulent correspondence to the closing agents, including letters bearing the forged signatures of borrowers, to create the false impression that the deposits and cash due at closing had been supplied by the borrowers from their own funds.
Olivier and Davis recruited straw borrowers for the fraud scheme and submitted fraudulent loan applications to the lenders. Further, Olivier and Davis caused their private companies to be disclosed as the employers of straw borrowers whose actual employment was inconsistent with the inflated income stated on their loan applications. Then, when they were contacted by the lenders, Olivier and Davis provided fraudulent verifications of employment for those borrowers.
Mae Rabuffo, Davis, and Olivier are scheduled to be sentenced on October 30, 2014, also before Chief Judge Moore.
Three other defendants, Diane M. Hayduk, 64, of Miami, Victor Miguel Vidal, 49, of Miami, and Lazaro Jesus Perez, 44, of Miami Springs, pled guilty to the charged conspiracy and agreed to assist the United States. Hayduk assisted Domenico Rabuffo and Mae Rabuffo with the misappropriation of loan proceeds and the transmission of fraudulent correspondence to the lenders and the closing agents. Vidal served as a loan officer at SunTrust Mortgage, where he sponsored fraudulent loan applications for lots in Hampton Springs, including fraudulent applications for $33 million in construction loans. Perez furnished fictitious accountant’s letters to Vidal, in support of fraudulent loan applications submitted to SunTrust Mortgage. Hayduk, Vidal, and Perez were sentenced in September, 2014. Hayduk was sentenced to 40 months in prison, Vidal was sentenced to 64 months in prison and Perez was sentenced to 30 months in prison.
Mr. Ferrer commended the investigative efforts of the FBI and FDIC-OIG. This case was prosecuted by Assistant United States Attorneys Dwayne E. Williams and Jerrob Duffy.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Department of Justice Announces $63 Million to Support School Safety Research and Reduce Gun ViolenceRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, the Attorney General and the Office of Justice Programs’ National Institute of Justice (NIJ), today announced it has awarded nearly $63 million to school districts and research organizations through the Comprehensive School Safety Initiative (CSSI). CSSI is a large-scale, multi-agency research effort to build knowledge about effective approaches to increasing school safety nationwide.
Through the Initiative, 24 research projects receive funding under two different solicitations. The first, “Investigator-Initiated Research,” includes nine awards to research organizations totaling more than $18 million. The second, “Developing Knowledge about What Works to Make Schools Safe,” provides more than $45 million to 15 school districts and their research partners.
The School Board of Miami-Dade will receive $4,273,799, for its Evaluating Campus Shield program, and the School District of Palm Beach County will receive $3,909,116, for its School Safety and Student Performance Partnership.
“This funding is being awarded as part of the Comprehensive School Safety Initiative – a large-scale, multi-agency research effort to build practical, and scientifically-sound, knowledge about effective ways to increase school safety nationwide,” said Attorney General Holder. “It will enable us to examine and implement additional actions to make schools safer. And it will yield new insights and evidence about what works – and what doesn’t – when it comes to school discipline, violence and bullying reduction, school resource officers, mental health professionals, and justice interventions like youth courts.”
President Obama’s January 2013 plan to end gun violence emphasized keeping guns out of potentially dangerous hands and recognized that additional actions are needed to make our schools safer. CSSI was launched in early 2014 in response to a Congressional request for a broad, research-based effort to increase safety in the nation’s schools.
U.S. Attorney Ferrer stated “The sole focus of children should be on learning, not whether or not their school is safe. I commend the Miami-Dade and Palm Beach County schools for their commitment to examining, and ultimately implementing, the best methodology to keep our community’s children safe and focused on their education.”
“We know a great deal about how to make schools safe in general but very little about the specifics for various settings and populations,” said Dr. William J. Sabol, Acting Director of NIJ. “With this $63 million investment, the nation will gain an understanding of school safety that is scientifically sound, practical, and that can be easily interpreted and used by schools.”
The initiative has three primary goals: to collect national-level data; to convene stakeholders to identify and share best practices; and to conduct innovative research and evaluate pilot projects in school districts. The programs and policies within CSSI are designed to produce evidence about what works in such areas of school safety as effectiveness of school resource officers and mental health professionals, violence and bullying reduction, and effectiveness of such restorative justice interventions as youth courts. The initiative will also examine potential unintended consequences of school safety efforts, including the excessive use of exclusionary discipline and arrests of students.
Although NIJ has primary responsibility for CSSI, the program is a collaborative effort among more than 20 federal partners, including the Departments of Justice, Education, Health and Human Services, Homeland Security, and the Treasury. This partnership will allow the federal government to make a significant impact on school safety by investing limited funds in research that has practical applications for every school in the nation. By determining what interventions work best for specific schools and students, CSSI will provide professionals with a body of knowledge to help them make decisions about which programs will be most effective — and most cost effective — for their particular schools and their challenges.
A list of the awards can be viewed http://nij.gov/topics/crime/school-crime/documents/comprehensive-school-safety-initiative-awards-fy-2014.pdf?utm_source=feature&utm_medium=nijgov-home&utm_campaign=CSSI-awards and more information about CSSI is available at www.nij.gov, keywords: “School Safety.”
The Office of Justice Programs (OJP), headed by Assistant Attorney General Karol V. Mason provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice, and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART).
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Six Defendants Charged for $6 Million Miami Home Health Care Fraud SchemeRead the Press Release
Six South Florida residents have been indicted for their alleged participation in a $6.2 million Medicare fraud scheme involving defunct home health care company Professional Medical Home Health LLC (Professional Home Health).
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 George L. Piro of the FBI’s Miami Field Office and Acting Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services, Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
On Sept. 25, 2014, a federal grand jury in Miami returned a 14-count indictment charging Ernesto Fernandez, 48, Dennis Hernandez, 32, Jose Alvarez, 47, and Joel San Pedro, 44, all of Miami; Alina Hernandez, 38, of West Palm Beach; and Juan Valdes, 37, of Palm Springs, for their roles in defrauding Medicare and soliciting and receiving health care kickbacks.
According to allegations in the indictment, the defendants recruited patients for Professional Home Health, a Miami home health care agency. As part of the scheme, the defendants solicited and received kickbacks from the owners and operators of Professional Home Health in exchange for providing beneficiaries for home health services that were not medically necessary or not provided. The defendants and their co-conspirators also allegedly falsified patient documentation to support the fraudulent billing. From December 2008 through February 2014, Medicare paid Professional Home Health more than $6.2 million for these fraudulent home health care claims.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two other individuals have already pleaded guilty for their roles in the scheme. Annarella Garcia, an owner of Professional Home Health, pleaded guilty to one count of conspiracy to commit health care fraud, and on Aug. 26, 2014, she was sentenced to serve 70 months in prison and ordered to pay $6,257,142 in restitution. Annilet Dominguez, an administrator of Professional Home Health, pleaded guilty to one count of conspiracy to commit health care fraud and three counts of false statements related to health care matters. On Sept. 29, 2014, she was sentenced to serve 68 months in prison and ordered to pay $6,257,149 in restitution.
This case was investigated by the FBI and HHS-OIG 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 for the Southern District of Florida. This case is being prosecuted by Trial Attorneys Anne P. McNamara and 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 nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Seven Indicted for Fraudulently Requesting Travel Reimbursement Expenses from the Department of Veterans AffairsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Monty Stokes, Special Agent in Charge, United States Department of Veteran Affairs, Office of Inspector General (VA-OIG), announce the indictment of seven defendants for making false statements in connection with fraudulent requests for travel reimbursements, in violation of Title 18, United States Code, Section 1001(a)(2). Dennis L. Bradley, 52, of South Bay, Lee Dixon, 55, of Boca Raton, Terrence M. Fanning, 53, of Delray Beach, Harry J. Kapton, 70, of Greenacres, Kenneth Leggett, 55, of Palm Beach Gardens, Robert Moorer, Jr., 58, of West Palm Beach, and Randi D. Seltman, 45, of Riviera Beach, were arrested. All have been released on bond pending further court proceedings.
According to affidavits filed earlier this month in support of criminal complaints, the defendants submitted travel vouchers falsely claiming entitlement to reimbursement for expenses much greater than they incurred. Combined, the defendants received approximately $148,813 in VA travel reimbursement funds.
If convicted, each defendant faces a statutory maximum penalty of up to five years in prison, to be followed by up to a three-year term of supervised release, in addition to payment of restitution.
Mr. Ferrer commended the investigative efforts of the VA-OIG. The case is being prosecuted by Assistant U.S. Attorney Brandy Galler.
An indictment is only an accusation and a defendant is presumed innocent 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami-Dade County Resident Sentenced for Identity Theft Schemes Involving Fraudulent Social Security Benefits and Income Tax RefundsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Thomas Caul, Special Agent in Charge, Social Security Administration (SSA), Office of Inspector General (OIG), Donnell Young, Acting 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, announce that Thervil Alcinor, 34, of Miami, was sentenced before U.S. District Judge Cecilia M. Altonaga to 88 months in prison, followed by three years of supervised release.
Alcinor previously pled guilty to one count of access device fraud, in violation of Title 18, United States Code, Section 1029(a)(2), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
According to court documents, from January 2013 through May 2014, Alcinor was involved in the use of personal identifying information (names, dates of birth, and social security numbers belonging to real people) to file fraudulent applications for Social Security Retirement Insurance Benefits (RIB) and Social Security Disability Insurance Benefits (DIB), and to file fraudulent income tax returns with the IRS claiming false refunds.
Court documents state that Alcinor was involved in establishing online accounts on the Social Security Administration website, MySSA.gov, for already-existing RIB or DIB beneficiaries to redirect RIB and DIB payments to accounts (often prepaid debit card accounts) controlled by him. Law enforcement identified 945 fraudulently established MySSA accounts, all with similarly concocted fraudulent email addresses. The fraudulent claims resulted in $700,462 in fraudulent RIB and DIB payments.
According to court documents, Alcinor was also involved in the filing of fraudulent tax returns claiming refunds from the IRS which he directed into accounts (often prepaid debit card accounts) controlled by him. Specifically from April 2012 through September 2013, 54 fraudulent income tax refunds, totaling $174,862.20, were identified by H&R Block records as having been deposited into accounts associated with Alcinor. An additional 14 fraudulent tax refunds, totaling $31,137.28, were connected to the scheme by IRS.
Mr. Ferrer commended the investigative efforts of SSA-OIG, IRS-CI and FBI. The case was prosecuted by Assistant U.S. Attorney Frank R. Maderal.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Man Using False Identity Sentenced to 27 Years in Prison on International Sex TraffickingRead the Press Release
First time recently enacted extraterritorial jurisdiction provision of our anti-trafficking laws is used to charge sex trafficking occurring in another country
Wifredo A. Ferrer, United States 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), Miami Field Office, and Wendy A. Bashnan, Special Agent in Charge, Bureau of Diplomatic Security (DS), Miami Field Office, announce that Damion St. Patrick Baston, 37, of Jamaica, was sentenced by U.S. District Judge Cecilia M. Altonaga to 324 months in prison, followed by a lifetime of supervised release.
On July 1, 2014, Baston was convicted by a jury of all of the crimes with which he was charged: three counts of sex trafficking through means of force, threats of force, fraud, and coercion, both in the Southern District of Florida and in multiple countries around the world, including Australia, in violation of Title 18, United States Code, Sections 1591(a)(1) and 1596; five counts of transporting multiple individuals for prostitution, in violation of Title 18, United States Code, Section 2421; one count of importation of an alien for prostitution, in violation of Title 8, United States Code, Section 1328; one count of use of a passport secured by false statement, in violation of Title 18, United States Code, Section 1542; one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A; one count of illegal reentry of an alien previously ordered removed, in violation of Title 8, United States Code, Section 1326; and nine counts of money laundering, in violation of Title 18, United States Code, Section 1956.
According to the indictment, other documents filed in federal court and statements made, beginning as early as 2009, Baston victimized seven women in the Middle East, Australia, and the United States. At trial, six victims bravely testified that the defendant had used force, threats, and coercion to traffic them for sex in various cities, including Miami. Baston had been ordered removed from the United States in the late 1990s following his conviction for an aggravated felony, but thereafter stole the identity of an American citizen, which he used to obtain a Florida driver’s license and U.S. passport in that person’s name. Baston used this false identity for international travel as he continued to recruit and victimize women.
Mr. Ferrer commended the investigative efforts of ICE-HSI and DS, as well as the Australian Federal Police. The case was prosecuted by Assistant U.S. Attorneys Olivia S. Choe and Roy K. Altman.
Human trafficking must stop. To report suspected human trafficking occurring in South Florida, please call the National Human Trafficking Resource Center Hotline at 1-888-373-7888.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Head of International Narcotics Trafficking and Money Laundering Organization Sentenced to 150 Years in PrisonRead the Press Release
Organization spanned three continents, distributed over 8 tons of cocaine and laundered over $14 million in narcotics proceeds
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Alvaro López Tardón, 39, of Miami Beach and Madrid, Spain, was sentenced by U.S. District Judge Joan A. Lenard to 150 years in prison. In addition to the term of imprisonment, a $14 million forfeiture money judgment and $2 million fine were entered against Tardón. Tardón was also ordered to forfeit a significant number of assets, including luxury real estate, cars and bank accounts.
After a seven-week trial, Tardón was convicted on one count of conspiracy to commit money laundering and 13 substantive counts of money laundering, in violation of Title 18, United States Code, Sections 1956 and 1957, respectively.
Tardón was the head of an international narcotics trafficking and money laundering syndicate which distributed over 7,500 kilograms of South American cocaine in Madrid and laundered over $14,000,000 in narcotics proceeds in Miami by buying high-end real estate, luxury and exotic automobiles and other high-end items. The proceeds were smuggled into Miami by couriers through Miami International Airport, wire transferred to South Florida by co-conspirators via MoneyGram and Western Union, wire transferred to third parties internationally on behalf of Tardón, and wire transferred directly to Tardón and his co-conspirators in Miami through Tardón’s exotic car dealership and other companies controlled by him located in Madrid, Spain.
Following the guilty verdicts, the jury found that a significant portion of the Tardón’s assets should be forfeited. Those assets involved real estate and cars. The real estate purchased by Tardón included condominium units in Miami Beach and Coconut Grove areas of Miami-Dade County. The exotic automobiles included a Bugatti Veyron and Ferrari Enzo, each worth over $1 million, a Mercedes-Benz Maybach 57S, two Mercedes-Benz G55, a Rolls Royce Ghost, and a Land Rover Range Rover. The government also seized three bank accounts.
The seven-week trial included the introduction of over 36,000 pages of financial and corporate documents from Spain and the United States. The trial also included testimony from six members of the Spanish National Police, a member of the Spanish national wiretapping agency (SITEL), and the Spanish taxing authority (Agencia Estatal de la Administración Tributaria).
The investigation and prosecution of Tardón 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 to identify, investigate and prosecute high level narcotics traffickers and money launderers.
“For over a decade, Tardón oversaw a narcotics trafficking and money laundering organization that spanned three continents, distributed over 8 tons of cocaine and laundered over $14 million,” said U.S. Attorney Wifredo A. Ferrer. “Today’s sentencing, which includes the forfeiture of millions of dollars in assets acquired with the proceeds of the narcotics trafficking, ensures not only that Tardón will spend the rest of his life in prison, but the dismantlement of this criminal organization.”
“With this term of imprisonment, rest assured Alvaro Lopez Tardon’s days as an international drug kingpin are over,” said George L. Piro, Special Agent in Charge, FBI Miami. “This was most certainly a team effort with the Spanish National Police and our partners in the Organized Crime Drug Enforcement Task Force.”
“Today’s sentencing of Tardon is a decisive blow against the drug trafficking and money laundering network. It also sends a clear message to those who attempt to hide their ill-gotten gains through investment in real estate and cars,” said Donnell Young, Acting Special Agent in Charge, IRS Criminal Investigation. “The success of this case can be attributed to the partnership of local, federal and international partners, and IRS Criminal Investigation is proud to be part of such a dedicated group of agencies who were committed to putting Tardon in prison and taking away assets he acquired from the proceeds of his illegal international organization.”
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI and members of the South Florida High Intensity Drug Trafficking Area Task Force (HIDTA) for their extraordinary work in this multi-agency, multi-jurisdictional investigation. Mr. Ferrer also thanked Customs and Border Protection, Tactical Analytical Unit, Drug Enforcement Administration, Miami Police Department and Monroe County Sherriff’s Office. This case was prosecuted by Assistant U.S. Attorneys Tony Gonzalez, Cristina Maxwell, Daren Grove and Evelyn B. Sheehan.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Attorney General Holder Announces Latest Effort to Strengthen Community Policing with Approximately $124 Million Hiring Grant to Local Law EnforcementRead the Press Release
New Hiring Grants Place Special Emphasis on Community Policing
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Attorney General Eric Holder and Director Ron Davis of the Office of Community Oriented Policing Services (COPS) announced the department's latest effort to strengthen community policing through hiring grants that will fund nearly 950 officers at 215 law enforcement agencies in cities and communities across the country. This year’s $124 million in awards place a special emphasis on increasing community policing, bolstering crime reduction, and making the streets of America safer.
“These targeted investments will help to address acute needs – such as high rates of violent crime – funding 75 percent of the salary and benefits of every newly-hired or re-hired officer for three full years,” said Attorney General Holder. “The impact of this critical support will extend far beyond the creation and preservation of law enforcement jobs. It will strengthen relationships between these officers and the communities they serve, improve public safety and keep law enforcement officers on the beat.”
“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Director Davis. “Funding from this year’s program will allow many cities and counties to focus newly sworn personnel on issues related to violent crime, property crime and school safety.”
The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides up to 75 percent of the approved entry-level salaries and fringe benefits of full-time officers for a 36-month grant period, with a minimum 25 percent local cash match requirement and a maximum federal share of $125,000 per officer position.
Grantees for the 2014 hiring program were selected based on their proposed community policing strategies, fiscal need and violent crime rates.
To date, the COPS Office has funded more than 125,000 officers serving over 13,000 state, local and tribal law enforcement agencies, in jurisdictions both large and small. More than 700,000 people – including government leaders, community members and police officials – have received training through COPS-funded organizations. Since its inception in 1994, the COPS Office has provided roughly $14 billion to put additional officers on the streets, to provide technical assistance and training, to enhance crime fighting technology and to support cutting-edge crime prevention initiatives.
For the entire list of grantees and additional information about the 2014 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Administrator Sentenced to 68 Months in Prison for Role in $6 Million Miami Home Health Care Fraud SchemeRead the Press Release
An administrator of a Miami home health care company, Professional Medical Home Health LLC, was sentenced to serve 68 months in prison and ordered to pay $6,257,142 million in restitution today for her participation in a $6 million health care fraud scheme.
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 George L. Piro of the FBI’s Miami Field Office and Acting Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services, Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement. U.S. District Judge Federico A. Moreno of the Southern District of Florida imposed the sentence.
According to court documents, Annilet Dominguez, 28, of Hialeah, Florida, was an administrator at Professional Home Health. Dominguez and her co-conspirators paid kickbacks to patient recruiters in return for providing patients to Professional Home Health. Dominguez and her co-conspirators falsified patient documentation to make it appear that beneficiaries qualified for and received home health care services, when, in fact, many of the beneficiaries did not actually qualify for or receive such services. Dominguez and her co-conspirators then caused the submission of false claims to Medicare for services that were not medically necessary or not provided.
From December 2008 through February 2014, Medicare paid Professional Home Health approximately $6.25 million for fraudulent claims for home health care services.
On June 25, 2014, Dominguez pleaded guilty to one count of conspiracy to commit health care fraud and three counts of making false statements related to health care matters. On Aug. 26, 2014, co-defendant Annarella Garcia was sentenced to serve 70 months in prison and ordered to pay $6,257,142 million in restitution.
The case was investigated by the FBI and HHS-OIG 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 for the Southern District of Florida. This case is being prosecuted by Trial Attorneys Anne P. McNamara and 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 nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 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.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Ringleader Jason Vitulano Pleads Guilty in Loan Modification Fraud Scheme Case & Scheme Managers SentencedRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, announce that Jason Vitulano, 39, of Boca Raton, pled guilty before U.S. District Judge Kenneth Marra to charges of conspiracy to commit mail fraud and wire fraud, and mail fraud, in violation of Title 18, United States Code, Sections 1349 and 1341.
Nine of the ten defendants charged in this case have now entered guilty pleas to the charges, which involved a scheme to bilk thousands of homeowners who were struggling to make their mortgage payments. Jeffrey Taylor, 40, North Lauderdale, is currently set for trial starting on November 10, 2014. Today, Judge Marra also sentenced two of the defendant managers, Neil Sack, 40, of Fort Lauderdale, and Brian Fleuridor, 30, of Delray Beach, to 30 months and 27 months in prison, respectively, to be followed by two years of supervised release.
Sentencing for defendant Vitulano is scheduled for December 5, 2014 in West Palm Beach. Vitulano faces up to 20 years in prison as to each of the two counts, plus fines of up to $250,000 or twice the pecuniary loss, as to each count.
According to the indictment and other documents filed in the case, between September 2008 and August 2009, the defendants operated boiler rooms that collected advance fees from distressed homeowners purportedly in exchange for obtaining loan modifications for the homeowners which were, with few exceptions, never provided.
The indictment alleges that defendant Vitulano was the organizer and operator of FHA All Day.com, Inc. and two other companies, Housing Assistance Law Center, Inc. and Safety Financial Corp., which operated the boiler rooms in Boca Raton and later in Deerfield Beach. According to the indictment and the factual proffers submitted in support of the guilty pleas, Robert Bacon was an operations manager who wrote and edited sales scripts, while the other eight defendants served as team managers of four to eight telemarketers who made thousands of phone calls to homeowners behind on their mortgage payments.
As alleged in the indictment, the defendants made numerous false statements to the homeowners including telling homeowners they had already been approved or pre-approved for a loan modification that would save the homeowner a specific amount off their mortgage payment, reducing the interest rate and often the principal balance on the mortgage loan. The defendants, according to the indictment, routinely told customers that they had been approved by an “underwriter” and that they had a team of “expert attorneys” who would finalize the loan modifications.
The indictment further alleges that the defendants targeted homeowners across the country who were facing foreclosure, falsely telling them that the company would stop the foreclosure process and that homeowners could stop making mortgage payments while they waited for the company to finalize their loan modifications. FHA All Day, as alleged in the indictment, moved its offices and changed the corporate name several times to avoid law enforcement scrutiny and to hamper consumer complaints. Through the use of these and other false representations, the defendants, according to the indictment, induced over 2,000 distressed homeowners to pay up front fees totaling approximately seven million dollars to the defendants.
Mr. Ferrer commended the investigative efforts of USSS and USPIS. This case is being prosecuted by Assistant U.S. Attorney Lauren Jorgensen.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Owner of Durable Medical Equipment Company Arrested in Health Care Fraud and Money Laundering SchemeRead the Press Release
A Miami man was arrested today on health care fraud and money laundering charges in connection with an alleged $24 million scheme to defraud Medicare.
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 George L. Piro of the FBI’s Miami Field Office; Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office; Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office; Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services, Office of Inspector General’s (HHS-OIG) Miami Regional Office; and Special Agent in Charge Mike Fields of HHS-OIG’s Dallas Regional Office made the announcement.
Angel M. Mirabal, 61, of Miami, was arrested on a previously sealed indictment returned by a grand jury in the Southern District of Florida charging him with conspiracy to commit health care fraud and conspiracy to commit money laundering of health care fraud proceeds, as well as 10 substantive money laundering counts.
According to the indictment, Mirabal operated Quick Solutions Medical Supplies Inc., a durable medical equipment (DME) supply company located in Houston, Texas. From April 2010 through July 2013, Mirabal allegedly conspired with individuals who operated other DME companies to submit approximately $24 million in fraudulent claims for reimbursement to Medicare. These claims represented that Quick Solutions and others provided DME, such as wound care supplies, to Medicare beneficiaries when, in fact, these items were not medically necessary and were not actually provided. Many of the Medicare beneficiaries who supposedly received DME from Quick Solutions resided hundreds of miles away in Miami. Mirabal and his co-conspirators allegedly used fraudulent shell companies to launder and disburse the proceeds from the health care fraud scheme.
An indictment is only an accusation, and a defendant is presumed innocent until and unless proven guilty.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Southern District of Florida. This case is being prosecuted by Trial Attorney Timothy P. Loper 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 nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former City of Miami Firefighter Sentenced to 327 Months in Prison on Child Pornography ChargesRead the Press Release
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, announce that Alexander Rousseau, 31, of Miami, was sentenced by U.S. District Judge K. Michael Moore to 327 months in prison. Rousseau was convicted by a jury of five counts of receipt of child pornography, in violation of Title 18, United States Code, Section 2252(a)(2), and one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(B).
Beginning at least as early as 2010, Rousseau, a City of Miami Firefighter, downloaded, viewed, and shared videos of child pornography over peer-to-peer file sharing networks. Rousseau would download the videos on his personal computer while he was on duty at various City of Miami Fire Stations. When he was arrested in April of 2014, Rousseau had approximately 120 child pornography videos on his computer, many of which were more than five minutes in length.
After his release from incarceration, Rousseau will remain on supervised release for the rest of his life. He will also be required to attend counseling and will be included on sexual offender registries in Florida and nationwide.
Mr. Ferrer commended the investigative efforts of the FBI, the City of Miami Police Department and the City of Miami Fire Department. The case was prosecuted by Assistant U.S. Attorneys Ben Widlanski and Vanessa Johannes.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Lighting Contractor Charged with Agreeing to Bribe Broward Public OfficialRead the Press Release
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, announce the filing of a one-count information charging William E. Pino, 60, of Miami, with offering and agreeing to give something of value to a public official with the intent to influence or reward said public official in connection with a transaction or series of transactions and thereby committing bribery in programs receiving federal funds, in violation of Title 18, United States Code, Section 666. Pino will make his initial appearance on September 30, 2014 at 11:00 a.m. before U.S. Magistrate Judge Patrick M. Hunt in Fort Lauderdale.
According to the information, Pino was involved in a number of companies in South Florida that were in the business of installing, repairing and maintaining street lights, traffic signals, and traffic systems and the sale of products needed to make such installations and repairs, such as light poles. From in or about April 2012 through on or about June 27, 2012, Pino met with a confidential informant who advised Pino that there were upcoming public works projects in Broward County for traffic systems, traffic signs, street lights and light poles. The informant advised Pino that the informant had a contact in Broward County, but that Pino would need to “take care of” the public official. Pino agreed to “take care of” the public official.
On or about May 24, 2012, Pino was told that the public official had a purchase order for $100,000 in light poles for Pino’s company. Pino agreed to pay the public official $5,000 in exchange for the purchase order containing $100,000 of his light poles. On or about June 27, 2012, there was a meeting between Pino, the informant, and the public official in Plantation. Pino was handed a purchase order for his company to provide Broward County with $100,000 worth of light poles and Pino then handed the public official an envelope containing $5,000 in U.S. currency.
If convicted, Pino faces a statutory maximum term of 10 years in prison and a fine of up to $250,000.
Mr. Ferrer commended the investigative efforts of the FBI. The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.
An 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Delray Beach Resident Sentenced in Third Case Involving Identity TheftRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Jeffrey Emil Groover, 53, formerly of Delray Beach, was sentenced today before U.S. District Judge Dimitrouleas to 13 years and seven months in prison, followed by three years of supervised release.
On June 25, 2014, Groover was convicted by a jury of all six counts with which he was charged. Specifically, Groover was convicted of one count of conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 1349, three counts of bank fraud, in violation of Title 18, United States Code, Section 1344, and two counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
According to records filed in this case and statements made in court, Groover used the personal identifying information (PII) of an individual without her knowledge or consent to open a checking account and obtain a debit/VISA card at TD Bank. Groover forged the name on the signature card for the account and, when asked for identification, produced a fraudulent, photo-switched Florida Driver's License with the individual’s correct information, but the defendant's photograph. Approximately one week after opening the account at TD Bank, Groover again used the individual’s PII to open a checking account at PNC Bank. When asked to provide two forms of identification for the account, Groover used the fraudulent debit/VISA card obtained from TD Bank, and the fraudulent, photo-switched Florida Driver's License. Groover directed the PNC banker to set up overdraft protection for the fraudulent checking account using the individual’s existing home equity line of credit. Between September 27, 2013 and September 30, 2013, Groover and his co-conspirators withdrew and attempted to withdraw approximately $170,000 from the individual’s home equity line of credit by cashing a $20,000 check drawn directly on the line of credit.
In a separate case involving an identity theft tax refund fraud scheme, Groover was sentenced on April 18, 2014, before U.S. District Judge Robin Rosenbaum to 60 months in prison, followed by three years of supervised release, and was ordered to pay $350,373.86 in restitution.
Noting Groover’s extensive criminal history, including numerous identity theft cases, the judge sentenced the defendant to a sentence significantly above the sentencing guideline range.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case was prosecuted by Assistant U.S. Attorneys Adrienne Rabinowitz and Alexandra Hui.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Intelligence Officer at Southern Command Charged with Accepting A Bribe and Helping Steal Drug ProceedsRead the Press Release
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, announce that Jose Emmanuel Torres, 37, of Cooper City, was sentenced by U.S. District Judge K. Michael Moore to 41 months in prison, followed by two years of supervised release and ordered to forfeit $6,000. Torres previously pled guilty to a two-count information charging him with federal bribery, in violation of Title 18, United States Code, Section 201(b)(2)(A) and (B), and exceeding authorized access to a government computer, in violation of Title 18, United States Code, Section 1030(a)(2)(B) and (c)(2)(B)(i) and (ii).
According to documents filed in court in this case, Torres was assigned to the Department of Defense, Defense Intelligence Agency. His duties included collecting information regarding persons who are allegedly involved in terrorism and drug trafficking. During the course of his duties, Torres interviewed a confidential informant (CI) who was attempting to gain legal residence status in the United States and had provided Torres and other agents of the United States with information regarding persons involved in drug trafficking and terrorism. The CI had been periodically arrested on immigration violations. In August 2013, Torres told the CI that he had used his influence to have the person arrested on immigration charges. Torres asked the CI for $10,000. The CI understood that if he did not give Torres the money, Torres would use his influence to have the CI arrested again. The CI referred the matter to law enforcement and the FBI began recording text messages, telephone and Skype calls between Torres and the CI. In November 2013, the CI paid Torres $6,000 in order for Torres to use his influence to assist him with his immigration proceedings.
In or about mid-2013, Torres told the CI that he was looking to steal a delivery of drug money or identify a stash house where they could steal drug money. Torres caused another person to run a check of federal databases to determine if the persons who were to be assisting in the robbery were cooperating with the government. Torres used a “secret” email account to send the information regarding the background of the persons who were allegedly assisting in the robbery. On January 29, 2014, Torres provided the CI a detailed four-page DEA seizure form dated January 31, 2014 that reflected a bulk cash seizure in the amount of $500,000. The CI requested the DEA seizure form in order to tell the owners of the money in Colombia that the money was seized. Torres was told that for providing the seizure receipt that Torres would receive $250,000 from the money stolen from the drug dealers. On January 31, 2014, Torres was called and the CI told Torres that he had stolen the drug proceeds and for Torres to meet him and get his portion of the stolen drug proceeds, which was $250,000. Torres met the person in a parking lot in Dania and was provided a duffel bag with $250,000.
Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer would also like to thank the Drug Enforcement Administration and the United States Secret Service for their assistance. The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Five Defendants Sentenced to Prison Terms for Multi-Million Dollar Theft of Pre-Retail Medical ProductsRead the Press Release
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 David W. Bourne, Special Agent in Charge, Food and Drug Administration, Office of Criminal Investigation (FDA-OCI), Miami Field Office, announce that five Miami-area residents were recently sentenced to prison terms in connection with violations of the Safe Doses Act, which prohibits theft of “pre-retail” medical products. Ivan Manuel Valle, 34, of Miami, Daniel Martinez Zamora, 45, of Homestead, Raul Nick Garcia, 52, of Surfside, Ali Saleh, 35, of Miramar, and Jesus Mariano Gutierrez, 51, of Miami, were all sentenced to prison terms by U.S. District Judge Joan A. Lenard in connection with a scheme to steal more than $2.2 million worth of Mucinex cough medicine and $550,000 worth of Similac baby formula.
According to the indictment and documents filed in court, as part of an organized theft ring, 44 pallets of Similac were stolen by the conspirators from a distribution site in Forth Worth, Texas, and more than 131,000 cases of Mucinex were pilfered from a tractor-trailer truck in Mississippi. These pre-retail medical products were then transported by members of the theft ring to South Florida, stored in various locations, and offered for sale to brokers and retailers in and around Miami-Dade County. The defendants worked together to sell and distribute the stolen cargo. Valle and Zamora were brokers who obtained stolen product from others and sold portions of the stolen cargo. Garcia was a co-owner of Tadeo Supermarket in Miami where stolen cargo was sold, and he acted as a buyer and re-seller of stolen cargo using his family business, National Pallet, in Miami, where stolen product was stored. Saleh operated a beauty supply business in Broward County, where he stored stolen product and offered it for sale, and Gutierrez was a broker of the stolen cargo.
The stolen products were originally intended for sale at Wal-Mart and Walgreens stores and other retailers in the Southeastern United States.
Garcia and Zamora were each sentenced to 48 months in prison on September 22, 2014; Valle was sentenced to 60 months in prison and Gutierrez was sentenced to 30 months in prison on August 28, 2014; and, Saleh was sentenced to 34 months in prison on September 4, 2014. The defendants all previously pleaded guilty before Judge Lenard. A sixth defendant, Jorge Nimer Rolo, 47, of Miami, is currently in federal custody in Indiana and is awaiting trial on separate federal charges in the Southern District of Indiana.
The Safe Doses Act, passed by Congress in November, 2012, created a new offense, 18 U.S.C. § 670, which prohibits 1) stealing, or obtaining by fraud or deception, any pre-retail medical product; 2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of a pre-retail medical product; 3) knowingly possessing or transporting a stolen or fraudulently-obtained pre-retail medical product; and, 4) buying or otherwise obtaining an expired or stolen pre-retail medical product with intent to defraud. Pre-retail medical products such as baby formula and cold medicine are covered by the Act.
Mr. Ferrer commended the investigative efforts of the FBI and FDA-OCI, as part of the Miami Major Theft Task Force. This case is being prosecuted by Assistant U.S. Attorney Jerrob Duffy.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Brazilian Man Sentenced on Firearms Trafficking ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, announce that Sergio Carvalho, 50, formerly of Boca Raton and Brazil, was sentenced on September 19, 2014, on charges of making false statements in a firearm sales record, in violation of Title 18, United States Code, Section 924(a).
Chief U.S. District Judge K. Michael Moore in Fort Pierce sentenced Carvalho to two years in prison, to be followed by two years of supervised release.
According to statements made in open court and documents filed in the case, Carvalho together with his colleague Moizes Maia Nogueira, 44, of Pembroke Pines, visited a federally licensed firearms dealer named Vincent Olavarria, Jr., 48, of Port St. Lucie, on March 30, 2001, in Port St. Lucie. The two men purchased 12 semiautomatic rifles from Olavarria, requesting that Olavarria conceal their names from the firearms sales records. Olavarria agreed to the request, and falsely placed the rifles in the names of other straw purchasers, when completing the sales paperwork required by federal law. Both Nogueira and Carvalho then resold and delivered rifles to Vicente de Paula Vieira, and his son Marcos Barbosa Vieira, two Brazilians who were exporting firearms illegally from the United States to Brazil. Olavarria recruited other straw purchasers to lend their names to false sales records concealing the actual destination of the rifles.
An ATF investigation into the sales records discrepancies led ATF Special Agents to question Carvalho in April 2011 about his purchase of rifles from Olavarria. Carvalho falsely denied knowledge of the rifles. Carvalho also did not volunteer the existence or involvement of Nogueira or the father and son team of the Vieiras, and their respective exports of firearms to Brazil. Following a federal Grand Jury indictment of the defendants in September 2012, all of the other charged defendants have pled guilty and been sentenced by Chief Judge Moore. In June 2013, Olavarria was sentenced to 34 months in prison, and Nogueira was sentenced to 30 months in prison. Straw buyer Darren Cuff, 26, of Port St. Lucie, was sentenced in June 2013, to 21 months in prison, and in September 2013, straw buyer Anthony Olavarria, 49, of Juana Diaz, Puerto Rico, was sentenced to five months in prison. Both Vicente de Paula Vieira and Marcos Barbosa Vieira have been arrested in Brazil by the Brazilian Federal Police and charged with crimes of firearms importation under Brazilian law.
Carvalho was found and arrested on April 30, 2014, in New Orleans, Louisiana, on the arrest warrant from his indictment in this case, and the U.S. Marshals Service returned him to Fort Pierce to face the pending charges.
This case is a 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 ATF and the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Rothstein Associates Charged with Conspiracy to Commit Wire FraudRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting 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, announce the filing of charges against David Boden, 52, of Hallandale Beach, and Richard L. Pearson, 57, of Miami, for conspiring to commit wire fraud in connection with the operation of the former Fort Lauderdale law firm of Rothstein, Rosenfeldt and Adler, P.A. (RRA). In 2009, it was discovered that 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.
According to the information which was filed earlier today, Boden was an attorney who, in April 2008, began employment at RRA as a non-equity shareholder. Pearson agreed to act as a broker for Rothstein’s settlements. In February 2009, Boden began assisting Pearson in the sale of the settlements. Pearson would receive a sales commission from Rothstein derived from the money paid by the investor, and would pay a portion of that sales commission to Boden for his services. Beginning in September 2009, a group of investors (hereinafter referred to as “the Investor Group”) began investing in the confidential settlement agreements following a meeting with Rothstein. Boden and Pearson agreed that the Investor Group would pay a sales commission directly to Pearson. The Investor Group was not informed by Boden or Pearson that they were also receiving an additional undisclosed sales commission from the money paid by the Investor Group to Rothstein. The information further charges that Boden and Pearson, through material misstatements and omissions made to the Investor Group, caused it to incur a loss of approximately $2,400,000.
If convicted, the defendants face a maximum statutory sentence of up to five years in prison.
Mr. Ferrer commended the investigative efforts of the IRS-CI and FBI. This case is being prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and Jeffrey N. Kaplan.
An 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
North Miami Beach Resident Convicted in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), and J. Scott Dennis, Chief, North Miami Beach Police Department, announce that Paul Borgella, 35, of North Miami Beach, was convicted by a federal jury of three counts of theft of government funds, in violation of Title 18, United States Code, Section 641, for his participation in a stolen identity tax refund fraud scheme. Sentencing is scheduled for December 3, 2014, before U.S. District Judge Marcia Cooke. Paul Borgella faces a maximum term of 10 years in prison.
Co-defendant Carl Borgella, 32, of North Miami Beach, previously pled guilty to one count of conspiracy to steal tax refunds, in violation of Title 18, United States Code, Section 371, and one count of theft of government funds, in violation of Title 18, United States Code, Sections 641 and 2. Carl Borgella was sentenced on June 11, 2014 to 36 months in prison, followed by three years of supervised release, and was ordered to pay restitution of $288,044.21.
According to records filed in this case and statements made in court, in 2011, Carl Borgella and Paul Borgella each opened a business bank account for “TRCJ Asset Services,” a company incorporated in Florida listing Carl Borgella as the president and Paul Borgella as the vice president. From January 2011 to September 2011, the defendants used the bank accounts to receive over 300 fraudulently obtained United States Department of Treasury tax refunds via Electronic Funds Transfers. All of the tax refunds deposited into the bank accounts were issued as a result of fraudulent tax returns that contained materially false information and were filed using stolen personal identifying information. During the course of the conspiracy, the bank accounts received fraudulently obtained tax refunds totaling over $400,000. The defendants would then withdraw money from the bank accounts and use the money for their personal expenses by making ATM withdrawals, debit card payments, and issuing checks.
Mr. Ferrer commended the investigative efforts of IRS-CI, the USSS, and the North Miami Beach Police Department. The case is being prosecuted by Assistant U.S. Attorneys Vanessa Snyder, Cristina M. Moreno and Amanda Perwin.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Patient Recruiters Sentenced in $20 Million Miami Health Care Fraud SchemeRead the Press Release
Three patient recruiters were sentenced to prison today for their participation in a $20 million health care fraud scheme involving defunct home health care company Trust Care Health Services Inc. (Trust Care).
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 George L. Piro of the FBI’s Miami Field Office and Acting Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement. U.S. District Judge Darrin P. Gayles of the Southern District of Florida imposed the sentences.
Estrella Perez, 57, of Coral Gables, Florida, was sentenced to serve 37 months in prison, followed by three years of supervised release, and ordered to pay $1,172,162 in restitution. Solchys Perez, 34, of Miami, was sentenced to serve 30 months in prison, followed by three years of supervised release, and ordered to pay $746,600 in restitution. Abigail Aguila, 40, of Miami, was sentenced to serve 30 months in prison, followed by three years of supervised release, and ordered to pay $491,438 in restitution. On July 10, 2014, Estrella Perez and Solchys Perez pleaded guilty to conspiracy to commit health care fraud, and Aguila pleaded guilty to conspiracy to defraud the United States and receive health care kickbacks.
According to court documents, Estrella Perez, Solchys Perez, and Aguila recruited patients for Trust Care, a Miami home health care agency, in exchange for kickbacks paid in cash or by check to the defendants or their shell companies. In turn, Trust Care billed the Medicare program for home health care and therapy services that were not medically necessary or were not provided.
Estrella Perez and Solchys Perez also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, plans of care and medical certifications for their recruited patients. Co-conspirators at Trust Care then used these documents to fraudulently bill the Medicare program for services.
From March 2007 through January 2010, Trust Care submitted approximately $20 million in false claims for home health services. Medicare paid Trust Care approximately $15 million for these fraudulent claims.
On Sept. 16, 2014, another patient recruiter, Monica Macias, was sentenced to serve 24 months in prison for her participation in the same scheme.
The case was investigated by the FBI and HHS-OIG 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 for the Southern District of Florida. This case is being prosecuted by Trial Attorneys A. Brendan Stewart and Anne P. McNamara 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 nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
North Miami Beach Resident Sentenced in Identity Theft Tax Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), and J. Scott Dennis, Chief, North Miami Beach Police Department, announce that Dines Blanc, 24, of North Miami Beach, was sentenced before U.S. District Judge K. Michael Moore to 42 months in prison, followed by one year of supervised release.
Blanc previously pled guilty to one count of possession of 15 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, law enforcement executed a search warrant at the residence where Blanc lived and found handwritten lists of names, dates of birth, and social security numbers of other individuals; applications to a staffing agency, including W-4s, 1-9, and resumes; medical information sheets; and approximately 25 debit cards. In total, Blanc was in possession of 611 unique pieces of personal identifying information (PII) of others. Fraudulent tax returns were filed on behalf of at least 16 individuals whose PII was found in Blanc’s residence. The loss amount is $305,500.
Mr. Ferrer commended the investigative efforts of IRS-CI, the USSS, and the North Miami Beach Police Department. This case is being prosecuted by Assistant U.S. Attorney Jamie Galvin.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Fort Lauderdale Jury Convicts Hollywood Man of Kidnapping and Sex Trafficking by ForceRead the Press Release
Wifredo A. Ferrer, United States 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), Scott Israel, Sheriff, Broward Sheriff’s Office, and Frank Fernandez, Chief, Hollywood Police Department, announce the conviction of Shaun Eric McKinley, 35, on charges of kidnapping, in violation of Title 18, United States Code, Section 1201(a) and sex trafficking by force, fraud or coercion, in violation of Title 18, United States Code, Section 1591(a).
Sentencing for McKinley has been scheduled for November 25, 2014, before U.S. District Judge William P. Dimitrouleas. At sentencing, McKinley faces a minimum mandatory sentence of 15 years in prison for the sex trafficking charge and a possible maximum sentence of life in prison for both charges.
According to records filed in this case and statements made in court, McKinley met a 28 year old female outside his home in Hollywood in December of 2013. Within three days of meeting her, McKinley was acting as her pimp and physically assaulting her for what he saw as minor infractions, such as returning home late from a prostitution date. Thereafter, the victim was required to meet all customers at McKinley’s home where he could keep an eye on her. The victim averaged approximately 5-7 dates a day, seven days a week, with all the earnings going to McKinley. The victim first attempted to leave McKinley in February but he quickly found her. When he got her home, by dragging her for blocks by the hair, McKinley punished her by making her strip naked, covering her head with a pillow case, hog-tying her with extension cords and beating her with a board. The victim waited until April to get the courage to attempt another escape, this one successful. Unfortunately, on May 18, 2014, McKinley lured her out of hiding using a ruse to get her into a dark alley, where he physically assaulted her, threw her into a car and drove away with her. The kidnapping was captured on a surveillance video from a nearby business and was played for the jury. The victim was able to escape only when McKinley stopped at a convenience store for a cigar, and left his friend in charge of watching her. That friend, a government witness, testified that after McKinley was out of sight, he unlocked the car door so the victim could run. After flagging down a passing ambulance, the victim was taken to Memorial Regional Hospital where she was treated for her injuries, which included a fractured front tooth, a lip laceration and head contusions. Still undeterred, and fearing the victim would talk to police, McKinley showed up at the hospital looking for her, dressed in blood covered clothes. A concerned nurse and an alert Hollywood Police Officer working a detail kept McKinley from reaching the victim, and McKinley was placed under arrest.
Mr. Ferrer commended the investigative efforts of ICE-HSI, the Broward County Sheriff’s Office and the Hollywood Police Department. The case was prosecuted by Assistant U.S. Attorneys Corey Steinberg and Paul Schwartz.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Resident Sentenced in Identity Theft Tax Fraud and Social Security SchemesRead the Press Release
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, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Thomas Caul, Special Agent in Charge, Social Security Administration (SSA), Office of Inspector General, announce that Kevin Cimeus, 21, of Miami, was sentenced before Judge William J. Zloch to 156 months in prison, to be followed by three years of supervised release.
On June 20, 2014, Cimeus was convicted after a four day jury trial in Fort Lauderdale for his roles in identity theft tax fraud and social security schemes. Specifically, Cimeus was convicted of ten counts in the superseding indictment, including one count of conspiracy to steal government property or money, in violation of Title 18, United States Code, Section 371, three counts of theft of government money or property, in violation of Title 18, United States Code, Section 641, one count of access device theft, in violation of Title 18, United States Code, Section 1029(a)(3), and five counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to records filed in this case and statements made in court, federal agents found over 2,400 social security numbers and names of real people stored on thumb drives, laptop computers, iPad, and Cimeus’ email account at Cimeus’ residence. The evidence at the trial also showed that Cimeus recruited Miami Dade College (MDC) students to allow the defendant to use their Higher One Bank accounts to receive fraudulently obtained tax refunds and that Cimeus used his own Higher One Bank and Chase accounts to receive fraudulently obtained tax refunds. Cimeus filed at least one thousand tax returns from two IP addresses. He also used the two IP addresses to access the Social Security Administration’s web site and create online profiles for social security recipients in order to re-route the victims’ social security payments to other accounts.
Mr. Ferrer commended the investigative efforts of FBI, IRS-CI, and the SSA. This case is being prosecuted by Assistant U.S. Attorneys Gera R. Peoples and Cynthia Wood.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Home Health Care Company and Its Owners Agree to Resolve False Claims Act Allegations for $1.65 MillionRead the Press Release
A Plus Home Health Care Inc. and its owners, Tracy Nemerofsky and her father, Stephen Nemerofsky, have agreed to pay $1.65 million to the United States to settle allegations that A Plus paid spouses of referring physicians for sham marketing positions in order to induce patient referrals, the Justice Department announced today. A Plus is a home health care company located in Fort Lauderdale, Florida.
“Kickback schemes undermine the integrity of our public health care programs,” said U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida. “The settlement announced today holds A Plus accountable for its submission of false claims, including restoring funds paid as a result of the false claims to Medicare. We will not relent in our efforts to combat these kinds of fraudulent schemes.”
“Kickback schemes drive up the cost of health care and cause physicians to make decisions based on their own bottom line instead of what is in the best interest of their patients,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “We will hold any health care company, and the individuals that own those companies, responsible for using kickbacks to line their pockets at the expense of taxpayers and federal health care beneficiaries.”
The United States filed a complaint against A Plus and Tracy Nemerofsky alleging that, beginning in 2006, A Plus engaged in a scheme to increase Medicare referrals in the heavily saturated home health care market in southern Florida. The company allegedly hired at least seven physicians’ spouses and one physician’s boyfriend to perform marketing duties, but required the spouses and boyfriend to perform few, if any, actual job duties. Instead, the spouses’ and boyfriend’s salaries allegedly served as an inducement and reward for the physicians’ referrals of Medicare patients to A Plus. According to the complaint, Tracy Nemerofsky fired at least two spouses when their husbands failed to refer a certain number of patients to A Plus. Tracy Nemerofsky allegedly reaped large rewards for the scheme, receiving a salary of $685,000 from A Plus in 2010, when A Plus’ business increased as a result of Medicare referrals generated from the sham marketer scheme.
“Home health care company owners who engage in such blatant, aggressive kickback schemes to get physicians to refer Medicare patients for the company’s services will instead pay for their improper conduct at the settlement table,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG). “We will continue to crack down on such illegal, wasteful business kickback arrangements, which undermine impartial medical judgment, corrode the public’s trust in the health care system and divert scarce Medicare funding.”
The settlement resolves allegations that were originally brought by William Guthrie, a former director of development at A Plus, under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for the submission of false claims and to receive a share of any recovery. The False Claims Act authorizes the United States to intervene in such lawsuits and take over primary responsibility for litigating them, as the United States did here. Guthrie’s share of this settlement has not yet been determined.
The United States previously settled with five couples that allegedly accepted payments from A Plus: Steven and Fortuna Hornreich, Mark and Meredith Rogovin, Sam and Christy Sareh, Gary and Stacy Wolfson, and Keifer Wyble and Nuria Rodriguez.
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 $22.4 billion through False Claims Act cases, with more than $14.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The investigation of this matter reflects a coordinated effort among the Commercial Litigation Branch of the Civil Division, the U.S. Attorney’s Office for the Southern District of Florida, HHS-OIG and the FBI.
The lawsuit is captioned U.S. ex rel. Guthrie v. A Plus Home Health Care, Inc., 12 CV 60629 (S.D. Fla.). The claims settled by the lawsuit are allegations only, and there has been no determination of liability.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Resident Sentenced in Identity Theft Tax Fraud SchemeRead the Press Release
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, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), announce that Josue Pierre, 30, of Miami, was sentenced today before U.S. District Judge Donald M. Middlebrooks to 30 months in prison, followed by three years of supervised release.
Pierre previously pled guilty to one count of use of unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(2), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, in early 2013, Pierre used his brother's IRS electronic filing identification number (EFlN) to obtain a batch of pre-paid debit cards from a tax refund payment company. Pierre then used this EFIN to file tax returns in other people's names containing false information for the purpose of obtaining refunds from the Department of Treasury. The refunds were paid out onto pre-paid debit cards activated in other people’s names, and Pierre made withdrawals on these debit cards at ATM locations.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, USSS and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Cay Clubs Executives Charged in Connection with $300 Million Ponzi Scheme Involving Sales of Vacation Rental UnitsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Michael Stephens, Acting Inspector General, Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG), announce that Fred Davis Clark, Jr., a/k/a Dave Clark, 56, and Cristal R. Clark, a/k/a Cristal R. Coleman, 41, both formerly of Monroe County, were charged in a superseding indictment with conspiracy to commit bank fraud and multiple counts of bank fraud, in connection with a $300 million fraud scheme involving the sale of vacation rental units to approximately 1,400 investors in the Florida Keys and elsewhere.
According to the superseding indictment, Fred Davis Clark and Cristal Clark were executives of Cay Clubs Resorts and Marinas (Cay Clubs), which operated from 2004 through 2008 from offices in the Florida Keys and Clearwater. Cay Clubs marketed vacation rental units for 17 locations in Florida, Las Vegas and the Caribbean, to investors throughout the United States. Cay Clubs would promise to develop dilapidated properties into luxury resorts, and would promise investors an upfront “leaseback” payment of 15 to 20% of the sales price of the unit at the time of closing. Once an investor agreed to purchase a unit, Cay Clubs would arrange for a real estate closing and lender financing, but would not disclose the leaseback payment and other financial inducements to the investors on paperwork submitted to lending institutions. Cay Clubs would also use fraudulent representations in marketing the investments, including using insider sales to increase the price of the units and reporting these sales on marketing materials. Cay Clubs never made the improvements that were promised to investors.
By at least 2006, Cay Clubs did not have sufficient funds to make improvements to properties or to make the leaseback payments that had been promised to earlier investors. Cay Clubs would use the proceeds of sales to new investors to make incremental leaseback payments to earlier investors. Without obtaining more loan proceeds from new investor sales, Cay Clubs would have collapsed. In this way, Cay Clubs came to operate as a Ponzi Scheme.
After the collapse of Cay Clubs, the U.S. Securities and Exchange Commission began an investigation into alleged securities fraud at Cay Clubs. According to the indictment, Fred Davis Clark and Cristal Clark thereafter engaged in conduct aimed at concealing the location of assets under their control, and Fred Davis Clark gave false and misleading testimony to the SEC.
Through a previous indictment unsealed in June 2014, Fred Davis Clark and Cristal Clark were charged with conspiracy to commit mail and wire fraud, and mail fraud, in connection with a scheme to steal money from CMZ Group, Ltd., a Cayman Islands company that operated pawn shops in the Caribbean. According to the initial indictment, after the collapse of Cay Clubs, Fred Davis Clark and Cristal Clark used bank accounts and shell companies based in Key Largo that they had used during their Cay Clubs activities, to siphon off funds from the business operations of CMZ Group, so that they could lead a lavish lifestyle in the Caribbean.
Furthermore, in or around January 2013, shortly before an action was brought by the SEC alleging that they committed securities fraud, the indictment alleges, Fred Davis Clark and Cristal Clark caused the transfer of more than $2 million to a bank account they controlled in Honduras for the purpose of preventing the SEC from learning the location and control of these monies. These funds have since been frozen by the government of Honduras.
Fred Davis Clark and Cristal Clark were expelled from Panama and Honduras, respectively, in June 2014, and were ordered detained pretrial by U.S. Magistrate Judge Lurana S. Snow. They currently await trial on these charges in Key West before U.S. District Judge Jose E. Martinez.
Mr. Ferrer commended the investigative efforts of IRS-CI, ICE-HSI and FHFA-OIG, and the assistance of the SEC Miami Regional Office in this matter. The matter is being prosecuted by Assistant U.S. Attorney Jerrob Duffy.
An indictment is only an accusation and the defendant is presumed innocent 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Registered Sex Offender Sentenced to 235 Months in Prison for Attempting to Entice A Minor to Engage in Unlawful Sexual ActivityRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Dave Aronberg, State Attorney, Office of the State Attorney for Palm Beach County, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Jeffrey S. Katz, Chief, Boynton Beach Police Department (BBPD), announce that Paul David Culbreth, 52, of Loxahatchee, was sentenced by U.S. District Judge Kenneth L. Ryskamp to 235 months in prison, a life term of supervised release and will have to continue to register as a sex offender, for enticing a minor to engage in sexual activity, in violation of Title 18, United States Code, Section 2422(b).
Culbreth pled guilty to enticing a minor to engage in sexual activity on May 15, 2014. According to court records, Culbreth sent numerous sexually explicit messages via a web-based social media application to an undercover officer who posed as a 15 year old boy. Culbreth then attempted to meet the minor to engage in illegal sexual activity on New Year’s Eve. Culbreth was arrested by Special Agents from ICE-HSI after he drove to a location where he believed he would pick up the 15 year old boy. Culbreth was found with lubricant and condoms in his vehicle and is a registered sex offender in Palm Beach County.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mr. Ferrer and Mr. Aronberg commended the investigative and cooperative efforts of ICE-HSI, BBPD and the South Florida Internet Crimes Against Children (ICAC) Task Force. The case was prosecuted by Assistant U.S. Attorney Adam McMichael and Special Assistant U.S. Attorney and Assistant State Attorney Gregory Schiller.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Port Saint Lucie Return Preparer Sentenced for Tax Fraud and Identity Theft SchemesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Stevens Nore, 33, of Port Saint Lucie, was sentenced today before U.S. District Judge Kenneth A. Marra to 84 months in prison, followed by three years of supervised release and ordered to pay $2,761,397 in restitution.
Nore was previously convicted by a jury of 30 counts, including 21 counts of preparing false tax returns, in violation of Title 26, United States Code, Section 7206(2), four counts of filing false individual tax returns, in violation of Title 26, United States Code, Section 7206(1), three counts of theft of public money, in violation of Title 18, United States Code, Section 641, and two counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
According to records filed in this case and statements made in court, from June 11, 2009 through April 2012, Nore owned and operated Fraternity Tax and Services, a tax return preparation business located in Fort Pierce, Florida. Nore prepared and submitted Individual Tax Returns (Forms 1040), with accompanying schedules, to the IRS on behalf of taxpayers claiming false deductions and credits for tax years 2009 to 2011. Nore also filed false tax returns for 2010 through 2013 by falsely stating the amount of gross receipts and sales on Schedule C forms. Nore stole three tax refunds totaling $26,349.30 to which he was not entitled, and used the identity of two individuals without their permission.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Russell R. Killinger.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Palm Beach County Couple Charged with Bankruptcy FraudRead the Press Release
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, announce that husband and wife Richard S. Krugman, 61, and Tamara B. Giordano, 53, of Palm Beach County, were charged today with bankruptcy fraud, in violation of Title 18, United States Code, Section 152(1).
According to an information filed today, Krugman and Giordano filed for bankruptcy on August 27, 2008, in United States Bankruptcy Court in Palm Beach County before U.S. Bankruptcy Judge Erik P. Kimball. At the time of filing, the defendants claimed they owed approximately $2.9 million to creditors, and had available assets worth less than $13,000. The information charges that the defendants concealed from their creditors, the trustee, and the Bankruptcy Court a number of valuable items including a women’s gold and diamond Rolex watch, a gold ring with two carats of diamonds, diamond earrings, Royal Dalton china, Waterford crystal, silver, and two George Rodrigue “Blue Dog” lithographs, signed and numbered.
The case will be heard by Senior U.S. District Judge Kenneth L. Ryskamp in West Palm Beach.
Mr. Ferrer commended the investigative efforts of the FBI. This case is being prosecuted by Assistant U.S. Attorney Carolyn Bell.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Resident Sentenced in Identity Theft Tax Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), announce that Markinson Dolce, 25, of Miami, was sentenced today before U.S. District Judge Kenneth A. Marra to 72 months in prison, followed by two years of supervised release and ordered to pay $141,768 in restitution to the IRS.
Dolce previously pled guilty to one count of theft of government monies, in violation of Title 18, United States Code, Section 641, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
According to court documents, on February 2, 2012, a marked Florida Highway Patrol (FHP) unit stopped a vehicle driven by Dolce that resulted in the seizure of six debit and credit cards, a laptop computer and flash drive, a notebook (containing handwritten lists of approximately 300 individuals’ names, social security account numbers, dates of birth, and employer identification numbers), and numerous items of mail in different names listing Dolce's home address. In total, Dolce had the personal identifying information (including names, dates of birth and social security numbers) of 461 different persons in his possession. It was later determined that the debit cards contained approximately $33,000 in fraudulent federal income tax refunds from 16 different fraudulent federal income tax returns that were filed.
In total, at least 75 different fraudulent federal income tax returns were filed in an attempt to secure $545,563.00 in fraudulent income tax refunds from the United States Treasury in Dolce's scheme. All of the names linked to the fraudulent tax refunds were found in the seized notebook from the FHP car stop.
Mr. Ferrer commended the investigative efforts of IRS-CI and the USSS. This case is being prosecuted by Assistant U.S. Attorney Stephen Carlton.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Broward Realtor Charged with Making False StatementsRead the Press Release
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 Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), announce that Christopher White, 43, of Fort Lauderdale, was charged with three counts of making material false statements to U.S. Citizenship and Immigration Services (USCIS), in violation of Title 18, United States Code, Section 1001(a)(3).
According to the indictment, these statements were included on White’s April 16, 2014, application for naturalization submitted to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. The indictment charged that White made the following material false statements in his naturalization application: (1) that he had never claimed to be a U.S. Citizen; (2) that he had never committed, assisted in committing or attempted to commit a crime or offense for which he was never arrested; and (3) that he had never failed to support his dependents. If convicted, White faces a maximum penalty of five years in prison, three years of supervised release and a fine of up to $250,000 for each count.
Mr. Ferrer commended the investigative efforts of the FBI and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorneys Randy Katz and Thomas P. Lanigan.
An indictment is merely an accusation and a defendant is presumed innocent unless 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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami-Dade County Resident Sentenced for Her Role in Massive Stolen Identity Income Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Ronald J. Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), announce that Crystal Booker, 31, of Miami-Dade County, was sentenced today before U.S. District Judge James I. Cohn to 36 months in prison, to be followed by three years of supervised release.
Booker previously pled guilty to one count of filing a false claim with the IRS, in violation of Title 18, United States Code, Section 287.
According to court documents, defendant Orlando Cairo, 32, of Miami-Dade County, was involved in a massive stolen identity income tax refund fraud scheme where he obtained the names, social security numbers, and other personal identifying information of individuals and unlawfully used this information to file and cause to be filed fraudulent income tax returns with the IRS. The returns reported false withholdings and requested refunds based on fraudulent IRS Forms W2-G, purportedly issued by the Florida Lottery Commission when an individual has gambling income exceeding a certain threshold amount.
Court documents state that Booker assisted Cairo in this scheme by opening approximately eighteen bank accounts at financial institutions located in Broward and Miami-Dade counties. The fraudulent refunds that the IRS paid out were deposited into these bank accounts. Cairo filed and caused to be filed 378 returns identifying one of Booker’s accounts as the account where the refund should be deposited. The returns requested $2,128,841 in fraudulent refunds. In furtherance of the scheme, Cairo, with Booker’s assistance, presented to the IRS a fraudulent tax return, which claimed an income tax refund of $7,064. The refund was paid into one of the bank accounts that Booker opened.
On May 14, 2014, Cairo was sentenced to 120 months in prison, to be followed by three years of supervised release, and was ordered to pay $277,133.58 in restitution. He 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.
Mr. Ferrer commended the investigative efforts of IRS-CI and USPIS. The case was prosecuted by Assistant U.S. Attorney Bertha R. Mitrani.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Attorney Sentenced for Not Filing Income Tax ReturnsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Steven E. Siff, 56, of Davie, was sentenced today before U.S. District Judge William P. Dimitrouleas to 13 months in prison, to be followed by one year of supervised release.
Siff previously pled guilty to three counts of failing to file an income tax return, in violation of Title 26, United States Code, Section 7203. As part of his plea agreement, Siff agreed to pay restitution to the IRS of $924,684.
According to court documents, since at least 1982, Siff worked as an attorney in the Miami office of an international law firm, first as an associate, then as a partner. Siff failed to file personal United States income tax returns since at least tax year 1997. Between 2001 and 2011, Siff earned approximately $8,248,401 in partnership profits. For tax years 2009 through 2011, Siff failed to make an income tax return reporting gross partnership income of $716,464, $705,967, and $694,449, respectively.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case was prosecuted by Assistant U.S. Attorney Bertha R. Mitrani.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former TD Bank Employee and Co-Defendant Sentenced in Identity Theft Tax Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), announce that Tenisha Nkesha Francis, 32, of Lake Worth, and Ryan Michael Francis, 27, of Riviera Beach, were sentenced today before Senior U.S. District Judge Kenneth L. Ryskamp for their participation in a stolen identity tax refund scheme. Tensiha Francis was sentenced to 42 months in prison, three years of supervised release and ordered to pay $117,002 in restitution. Ryan Francis was sentenced to 57 months in prison, three years of supervised release and ordered to pay $202,720 in restitution.
The defendants each previously pled guilty to one count of aggravated identity theft, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2, and one count of theft of government funds, in violation of Title 18, United States Code, Sections 641 and 2.
According to court documents, Tenisha Francis worked as a Financial Services Representative at TD Bank. Tenisha Francis opened seven fraudulent accounts at the bank with stolen identification information obtained from co-defendant Ryan Francis. She was paid between $200 and $500 to open each fraudulent account. After opening the accounts, Tenisha Francis performed maintenance on these accounts and changed certain identifiers associated with the accounts, such as customers’ dates of birth, addresses and telephone numbers. Stolen U.S. Treasury checks were deposited into the accounts, and funds were withdrawn via check card purchases, ATM withdrawals and checks payable to third parties including Ryan Francis and his wife, Vanessa Brown, and Ryan Francis’ company, J.A. Kingz Automotive, LLC.
Mr. Ferrer commended the investigative efforts of IRS-CI and the USSS. The case was prosecuted by Assistant U.S. Attorney Rinku Tribuiani.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Ana Alliegro Sentenced for Having Violated the Federal Election Campaign ActRead the Press Release
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, announce that Ana Alliegro, 44, of Miami, was sentenced to six months in prison, six months of house arrest, and two years of supervised release by U.S. District Court Judge Robert N. Scola, Jr. for having violated the Federal Election Campaign Act in connection with the Democratic Party primary election for Florida’s 26th Congressional District.
Previously, Alliegro pled guilty to engaging in a conspiracy to make false statements to the Federal Election Commission and to violate the contribution limits of the Federal Election Campaign Act (Count 1); making a false statement (Count 2); and making illegal campaign contributions (Counts 3 & 4).
Mr. Ferrer commended the investigative efforts of the FBI’s Miami Area Corruption Task Force. The case is being prosecuted by Senior Litigation Counsel Thomas J. Mulvihill.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Boynton Beach Man Sentenced to 10 Years in Prison for Attempting to Entice A Minor to Engage in Sexual ActivityRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Dave Aronberg, State Attorney, Office of the State Attorney for Palm Beach County, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Jeffrey S. Katz, Chief, Boynton Beach Police Department, announce that Herman N. Reed, Jr., 35, of Boynton Beach, was sentenced today by U.S. District Judge William P. Dimitrouleas to 10 years in prison, followed by five years of supervised release, for attempting to entice a minor to engage in sexual activity. Upon release from prison, Reed will have to register as a sex offender.
Reed pled guilty to attempting to entice a minor to engage in sexual activity, in violation of Title 18, United States Code, Section 2422(b), on June 25, 2014. According to court documents, Reed spent months exchanging text messages of a sexual nature with a 16 year old customer he met at an AT&T retail store where he was employed. The minor became uncomfortable with Reed’s messages and reported the incident to the Boynton Beach Police Department. A Boynton Beach Detective assumed the minor’s identity and continued to communicate with Reed. Reed made plans to meet the minor to engage in sexual activity and was arrested when he arrived at the prearranged location. The investigation also revealed Reed’s cell phone contained an unrelated exchange of messages and images of child pornography with a 14 year old minor.
This case was brought 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 Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mr. Ferrer and State Attorney Dave Aronberg commended the investigative efforts of ICE-HSI and the Boynton Beach Police Department. This case was adopted from state prosecution in cooperation with the Palm Beach County State Attorney’s Office and the South Florida Internet Crimes Against Children (ICAC) Task Force. The case was prosecuted by Assistant U.S. Attorney Brandy Galler and Special Assistant U.S. Attorney and Assistant State Attorney Gregory Schiller.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Attorney General Recognizes Southern District of Florida Trial TeamRead the Press Release
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, announces that today in Washington, D.C. Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson presented the Director’s Award of Superior Performance by a Litigative Team to those responsible for the prosecution of United States v. Pikerson Mentor, et.al. at the 30th annual Director’s Awards Ceremony held in the Great Hall at the Robert F. Kennedy Department of Justice Building. The Southern District of Florida was one of 44 districts represented at the ceremony.
The recipients of the Superior Performance by a Litigative Team include, from the U.S. Attorney’s Office for the Southern District of Florida, Assistant U.S. Attorneys Anthony W. Lacosta, Roy Altman and Marlene Rodriguez. These Assistant U.S. Attorneys were among 243 members of the Department of Justice recognized; from the United States Postal Inspection Service, Juan Vargas, Otto Fernandez and Delfin Alvarez; from the Miami-Dade Police Department, Michael Brajdic and Douglas McCoy; and from the Internal Revenue Service, Roberto Lopez.
In his prepared remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer. Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.”
EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”
The litigative team was recognized for the successful identification, arrest and prosecution of Pikerson Mentor for the murder of Bruce Parton, a United States Postal Service (USPS) Letter Carrier. On December 6, 2010, Bruce Parton was murdered by Mentor while delivering mail. Mentor fled from the scene in Parton’s postal truck and was followed by two accomplices in a getaway car. The conspirators made off with Parton’s USPS Arrow Key and, during the next six months, used that stolen key to facilitate a massive identity theft and tax fraud scheme. After collecting, reviewing, and organizing thousands of pages of phone, debit card, and tax records over a span of two years, the team successfully identified the defendants involved in the murder and identity theft. Following a two-week trial involving approximately 40 witnesses, Mentor was convicted on all 14 counts of the indictment and sentenced to life in prison. His accomplices, Saubnet Politesse and Wilfred Georges, were sentenced to 21 years and 15 years in prison, respectively. Four other members of the identity theft ring received prison sentences of up to three years.
U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer said, “I am very proud of the extraordinary talent and dedication of this year’s award recipients. It was because of the collective efforts of these committed public servants that Pikerson Mentor and his conspirators were brought to justice for the senseless and ruthless murder of Bruce Parton, a hard-working and dedicated mail carrier. I am honored to count them as colleagues.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Jose Padilla Re-Sentenced to 21 Years in Prison for Conspiracy to Murder Individuals Overseas, Providing Material Support to TerroristsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and John P. Carlin, Assistant Attorney General for National Security, announce today that U.S. District Judge Marcia Cooke re-sentenced Jose Padilla to serve 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap and maim individuals in a foreign country; conspiracy to provide material support to terrorists; and providing material support to terrorists.
The U.S. Eleventh Circuit Court of Appeals had remanded the case after upholding the convictions but vacating the original sentence of 17 and one-half years as too lenient. Padilla faced a sentence under the U.S. Sentencing Guidelines of 360 months to life in prison.
U.S. Attorney Ferrer commended the investigative efforts of the Federal Bureau of Investigation, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations section. The re-sentencing of this case was handled by Assistant U.S. Attorneys Brian Frazier and Ricardo Del Toro of the Southern District of Florida and Department of Justice National Security Division Trial Attorney Bridget Behling.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Owner of Home Health Care Company Sentenced to 75 Months in Prison for $6.5 Million Medicare Fraud SchemeRead the Press Release
The owner and operator of a Miami home health care company was sentenced to 75 months in prison today for her participation in a $6.5 million Medicare fraud scheme involving the now defunct home health care company, Nestor’s Health Services Inc. (Nestor Home Health).
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 George L. Piro of the FBI’s Miami Field Office, and Acting Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, made the announcement. U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida imposed the sentence.
Cruz Sonia Collado, 64, of Homestead, Florida, was an owner and operator of Nestor Home Health, a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries. On June 23, 2014, Collado pleaded guilty to one count of conspiracy to offer and pay health care kickbacks and to defraud the United States, and one count of offering and paying health care kickbacks. In addition to her prison term, Collado was sentenced to serve three years of supervised release and ordered to pay $6,536,657 in restitution.
According to court documents, Collado paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Nestor Home Health for home health care and therapy services that were medically unnecessary and, in many instances, not provided. Collado then fraudulently billed the Medicare program for home health care services on behalf of the recruited patients.
From March 2009 through at least January 2014, Nestor Home Health submitted more than $6.5 million in false claims for home health services. Medicare paid Nestor Home Health more than $6.1 million for these fraudulent claims.
The case was investigated by the FBI and HHS-OIG 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 for the Southern District of Florida. This case is being prosecuted by Trial Attorneys Anne P. McNamara and 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 nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Highlands County Men Plead Guilty to Firearm and Drug Trafficking OffensesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, Amos Rojas, Jr., United States Marshal, U.S. Marshals Service (USMS), Hugo Barrera, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), John Burke and Addy Villanueva, Special Agents in Charge, Florida Department of Law Enforcement (FDLE), Ft. Myers and Miami Regional Offices, respectively, Susan Benton, Sheriff, Highlands County Sheriff’s Office (HCSO), Paul C. May, Sheriff, Okeechobee County Sheriff’s Office (OCSO), and Ken J. Mascara, Sheriff, St. Lucie County Sheriff’s Office (SLCSO), announce that Alex Guerrier, 29, and Robin Jean Guillaume, 28, both of Highlands County, pled guilty to conspiracy to possess with intent to distribute cocaine hydrochloride and possession of a firearm in furtherance of drug trafficking in West Palm Beach.
As to the conspiracy to possess with intent to distribute charge, Guerrier faces a mandatory minimum sentence of ten years in prison up to a maximum of life in prison, a mandatory minimum term of supervised release of five years, a maximum fine of $10 million and a $100 special assessment. As to the conspiracy to possess with intent to distribute charge, Guillaume faces a mandatory minimum sentence of five years in prison up to a maximum of 40 years in prison, a mandatory minimum term of supervised release of four years, a maximum fine of $5 million and a $100 special assessment. As to the possession of a firearm in furtherance of drug trafficking charge, both defendants face a consecutive mandatory minimum sentence of ten years in prison up to a maximum of life in prison, up to three years of supervised release, a maximum $250,000 fine, and a $100 special assessment.
According to court documents, Guerrier and Guillame were part of a drug trafficking organization which operated in Highlands, Broward, and Miami-Dade Counties within the Southern District of Florida and elsewhere. The drug trafficking organization was responsible for the distribution of multi-kilogram quantities of cocaine hydrochloride, cocaine base, commonly referred to as “crack” cocaine, and other illegal narcotics.
This case is 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.
Mr. Ferrer commended the investigative efforts of the DEA, USMS, ATF, FDLE, HCSO, OCSO, and SLCSO. Mr. Ferrer also thanked the Sebring Police Department for their assistance in this matter. This case is being prosecuted by Assistant U.S. Attorney Jennifer C. Nucci.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Resident Convicted of Obstruction of Justice by Murder and Firearms TraffickingRead the Press Release
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), announce the conviction of Andres Campo, 26, of Miami. Campo was convicted by a jury on all counts of a 12 count indictment charging him with obstruction of justice by murder, possession of a firearm in furtherance of a crime of violence, and a number of related firearms trafficking charges. U.S. District Judge Cecilia Altonaga presided over the trial.
Specifically, Campo was charged with and convicted of conspiring to obstruct justice by murder (18 U.S.C. § 1512); obstruction of justice by murder (18 U.S.C. § 1512); possession of a firearm in furtherance of a crime of violence, resulting in death (18 U.S.C. §§ 924(c)(1)(A) and (j)); conspiracy to export firearms without a license (18 U.S.C. § 554); six counts of possessing firearms parts that were intended for illegal exportation (18 U.S.C. § 554); and two counts of possessing a firearm while a fugitive from justice (18 U.S.C. § 922(g)(2)). The jury further found the murder was premeditated. At sentencing, Campo faces a mandatory sentence of life in prison.
According to the evidence at trial, Erik Comesana, the victim, was a straw purchaser in an international arms trafficking organization responsible for the shipment of numerous AR-15 rifles, .50 caliber rifles, and other firearms and firearm parts to Cali, Colombia. The organization was run by Campo, who used Comesana and other straw purchasers to buy firearms and firearm parts from legal firearm dealers in south and central Florida. The firearms and firearm parts were gathered at various locations in Miami, taken apart into smaller pieces, and then hidden inside of boxes of miscellaneous materials that were shipped to Colombia.
In October 2009, Comesana was detained after an ATF Special Agent noticed Comesana’s accomplice purchasing an unusual number of AR-15 lower receivers. Comesana provided a statement to the agents. The investigation continued until March 2011, when Comesana was ultimately arrested and charged with firearms trafficking violations in the Southern District of Florida.
On May 27, 2011, Comesana notified the federal court that he intended to plead guilty. Later that evening, Comesana’s body was found burning in southwest Miami-Dade County, after being murdered in another location. A joint investigation by the MDPD Homicide Bureau and ATF subsequently identified Campo and Carlos Rios as the perpetrators.
According to the evidence at trial, after Comesana was arrested, Campo grew increasingly paranoid about the prospect that Comesana would cooperate with the ongoing federal investigation.
On May 27, 2011, Campo instructed Comesana to appear at a warehouse, purportedly to give him money to pay for Comesana’s attorney. Instead, Comesana was shot twice and died at the scene. Comesana’s body was transported to another location and set on fire. Campo and Rios then fled Florida for a period of time before ultimately returning to resume their arms trafficking business.
During the next year, while searching for Campo and Rios, the investigation continued. On July 3, 2012, both Campo and Rios narrowly missed being arrested when agents searched a home in which their identification and firearms trafficking paraphernalia was found. Ultimately, on July 26, 2012, Campos and Rios were arrested in a Miami motel parking lot, after they emerged from a room that they had rented in a false name. A loaded firearm and an upper AR-15 was recovered from Campo’s vehicle.
Rios previously pled guilty to participating in the murder and received a sentence of life in prison.
Mr. Ferrer thanked the many law enforcement agencies involved in this South Florida High Intensity Drug Trafficking Area Task Force (HIDTA) operation. In particular, Mr. Ferrer thanked ATF and MDPD. This case is being prosecuted by Assistant U.S. Attorneys Anthony LaCosta and Seth M. Schlessinger.
The South Florida HIDTA was established in 1990. This program, made up of federal, state and local law enforcement agencies, fosters intra-agency cooperation among law enforcement agencies in South Florida and involves them in developing a strategy to target the region’s drug-related threats to public safety. The South Florida HIDTA uses the funding provided by the Office of National Drug Control Policy that sponsors a variety of law enforcement initiatives that target the region’s illicit drug threats.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Defendant Pleads Guilty in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, and J. Scott Dennis, Chief, North Miami Beach Police Department, announce that Wadlin Fevrier, 36, of North Miami, pled guilty today to one count of using unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(2). Sentencing is scheduled for November 25, 2014. At sentencing, Fevrier faces up to ten years in prison.
According to court documents, a representative from Great Florida Bank contacted law enforcement regarding suspicious ATM activity occurring at various bank branches throughout the Miami area. Specifically, an individual conducted numerous ATM transactions at a particular branch bank between the dates of February 7, 2011 and March 26, 2011. The transactions involved cash withdrawals using different ATM cards and occurred on 19 different days.
During surveillance on March 31, 2011, law enforcement observed Fevrier making four separate ATM transactions using different cards. Law enforcement arrested Fevrier and searched his pockets. Inside his pockets were four Visa debit cards and $1,600.00 in cash. None of the Visa cards were embossed with a name. During a later consent search of Fevrier’s car, officers found 11 additional Visa debit cards. Fevrier admitted to being involved in illegal ATM activity.
Following Fevrier’s arrest, law enforcement subpoenaed the 15 cards found in his possession. There were approximately 27 separate tax refunds loaded onto the cards. These returns were collectively worth $62,580.00.
Mr. Ferrer commended the investigative efforts of IRS-CI, the USSS, and the North Miami Police Department. The case is being prosecuted by Assistant U.S. Attorney John R. Byrne.
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.