Southern District of Florida

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the sentencing of Timothy B. Josselson, 49, and Kathryn A. Josselson, 42, both from Parma, Ohio, and Robert S. Lananna, 29, of Boynton Beach, Florida, for their participation in a $21 million investment fraud scheme.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the sentencing of Timothy B. Josselson, 49, and Kathryn A. Josselson, 42, both from Parma, Ohio, and Robert S. Lananna, 29, of Boynton Beach, Florida, for their participation in a $21 million investment fraud scheme.

These three defendants pled guilty in November 2013 to separate Informations, each charging one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 371. According to court documents, Timothy Josselson, Kathryn Josselson and Lananna conspired with each other and with other co-conspirators who were charged in a separate indictment. The indicted co-conspirators include James C. Howard, III, Patricia S. Saa, Louis N. Gallo, III, and Michael R. Casey.

According to court documents, the defendants conspired to defraud individuals who invested in Commodities Online LLC (COL). Timothy Josselson was the Chief Operating Officer, Katrhyn Josselson was the Comptroller, and Lananna was the Director of Sales. From approximately January 2010 through April 2011, the defendants used material false and fraudulent representations and material omissions to obtain over $21 million from over 700 investors. According to court documents, the investors lost over $18 million.

According to court documents, the defendants used COL to sell investments in purported transactions to buy and sell commodities. Among other things, the defendants represented to investors that COL had a track record of profits. However, COL did not have profits. Any payments made to investors were made using funds received from newer investors.

Also according to court documents, the defendants also made material misrepresentations and omissions about the leaders of COL. After mid-2010, the defendants represented that Howard, who was the founder of COL, was no longer President of COL. Defendant Casey, an attorney, was given the title of President of COL. However, Howard remained in charge.

Howard pled guilty and was sentenced on December 3, 2013 to 189 months in prison. A restitution hearing is set for February 24, 2014. The trial of Howard’s co-defendants is scheduled for March 10, 2014.

Mr. Ferrer commended the investigative efforts of the FBI. These cases are being prosecuted by Assistant U.S. Attorney Ana Maria Martinez.

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.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the filing of two Informations charging conspiracies to offer bribes, and to accept bribes, by persons associated with Jackson North Medical Center, a hospital and health care provider, which is part of Jackson Health System, popularly known in Miami-Dade County as Jackson Memorial Hospital, in violation of Title 18, United States Code, Sections 371 and 666(a)(1)(B).

The first of the two Informations charges Douglas Denton, 59, Cooper City, with conspiring with “V.S.” and “L.L.” to corruptly solicit, demand, accept, and agree to accept cash payments, intending that Denton would be influenced and rewarded in connection with transactions of Jackson Health System, involving at least $5,000, that is, vendor contracts to provide goods and services to Jackson Health System.

According to the Information, Denton was an employee at Jackson North Medical Center who solicited payments from the operators of a small business called Seico Construction Co., in return for awarding those operators contracts for construction jobs at Jackson North Medical Center. The Information identifies the operators of Seico as “V.S.” and “L.L.”. The Information further alleges that from 2010 through 2013 Denton received a total of $5000, in increments of $1,000, on five separate occasions from co-conspirators.

The second Information charges defendants Victor Seijas, 45, and Luis Ledesma, 50, both of Miami, with conspiring with “D.D.”, an employee of Jackson North Medical Center, to corruptly give, offer, and agree to give monetary payments, to an employee of Jackson North Medical Center, in connection with transactions of Jackson North Medical Center and Jackson Health Systems, involving more than $5,000. The Information alleges that the monetary payments were made by Seijas and Ledesma in order to obtain construction contracts at Jackson North Medical Center. The Information further alleges that Seijas and Ledesma operated a small business called Seico Construction Co. that obtained construction contracts from conspirator “D.D.” for construction jobs at Jackson North Medical Center in the time period 2010 through 2013.

The defendants are expected to make their initial appearances today, January 31, 2014, at 1:30 p.m. before U.S. Magistrate Judge Jonathan Goodman. If convicted, the defendants face a maximum sentence of five years in prison on the one count of conspiracy against each of them. They also face possible $250,000 fine, and payment of restitution.

Mr. Ferrer commended the investigative efforts of the FBI. This case is being prosecuted by Senior Litigation Counsel Michael P. Sullivan.

An Information 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.

Three Miami residents have been indicted for their alleged participation in a $190 million Medicare fraud scheme.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement after the indictment was unsealed.

On Jan. 28, 2014, a federal grand jury in Miami returned a 10-count indictment charging Nelson Rojas, 43, Roger Bergman, 64, and Rodolfo Santaya, 54, for allegedly participating in a scheme to defraud Medicare by submitting false and fraudulent claims, from approximately December 2002 to October 2010.

Rojas was charged with conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program, conspiracy to commit money laundering, two counts of money laundering and one count of aggravated identity theft. Bergman and Santaya were each charged with conspiracy to commit health care fraud and wire fraud. In addition, Bergman was charged with conspiracy to make false statements relating to health care matters. Santaya was also charged with conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program, as well as two counts of receiving bribes and kickbacks in connection with a federal health care benefit program.

According to the indictment, Rojas, Bergman and Santaya allegedly participated in a scheme orchestrated by the owners and operators of American Therapeutic Corporation (ATC) and its management company, Medlink Professional Management Group Inc. ATC and Medlink were Florida corporations headquartered in Miami. ATC operated purported partial hospitalization programs (PHPs), a form of intensive treatment for severe mental illness, in seven different locations throughout South Florida. Both corporations have been defunct since October 2010.

The indictment alleges that Bergman was a licensed physician’s assistant who participated in the scheme by, among other things, admitting Medicare beneficiaries to ATC facilities for PHP treatment even though they did not quality for such treatment and falsifying patient records to make it appear as though patients needed, qualified for and actually received legitimate PHP treatment when they did not. The indictment alleges that Santaya served as a patient recruiter who provided ineligible patients to ATC in exchange for kickbacks. The indictment alleges that Rojas was the co-owner of a check cashing business and that he facilitated the payments of bribes and kickbacks from ATC to various patient recruiters.

ATC, Medlink and various owners, managers, doctors, therapists, patient brokers and marketers of ATC and Medlink have pleaded guilty or have been convicted at trial. In September 2011, ATC owner Lawrence Duran was sentenced to 50 years in prison for his role in orchestrating and executing the scheme to defraud Medicare.

The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

The 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 the U.S. Attorney’s Office for the Southern District of Florida. The case is being prosecuted by Assistant Chief Robert A. Zink and Trial Attorney Nicholas E. Surmacz.

Since their inception in March 2007, Medicare Fraud Strike Force operations in nine locations have charged more than 1,700 defendants who collectively have falsely billed the Medicare program for more than $5.5 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.

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.

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, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Daniel Jean Charles, 31, of Miami, was sentenced yesterday to 57 months in prison, followed by three years of supervised release.

Charles pled guilty to one count of conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029, and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.

Co-conspirator Wesley Compere, 31, of Miami, previously pled guilty to one count of conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029, and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A, in a separate case. Compere was sentenced to 70 months in prison, followed by three years of supervised release.

According to court documents, Charles and Compere used stolen identities to file fraudulent Social Security Retirement Income Benefit (RIB) and fraudulent income tax refund claims. The scheme involved the payment of $111,002.10 in fraudulent RIB claims and $128,431.80 in fraudulent tax refund claims.

Mr. Ferrer commended the investigative efforts of SSA-OIG, FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Frank 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Manuel Orosa, Chief, City of Miami Police Department, announce that Vital Frederick, 27, a former City of Miami Police Officer, was sentenced to 81 months in prison, three years of supervised release, fined $16,806.33 and ordered to pay forfeiture in the amount of $1,200.

Vital was previously convicted after a five day trial before U.S. District Judge K. Michael Moore. The jury returned a guilty verdict on all seven counts in the indictment, including four counts of interference with commerce by extortion, one count of access device fraud, and two counts of aggravated identity theft. The defendant provided protection and security for an illegal check cashing scheme and exploited the Police databases to steal identities and sell the identifiers believing they were to be used to commit tax fraud.

U.S. Attorney Wifredo A. Ferrer stated, “There is no compromise when it comes to corruption. It has to be sought out and defeated. As a sworn police officer, Vital Frederick, pledged to protect the public. Instead, he abused that trust to victimize those he swore to protect. The Federal Bureau of Investigation Public Corruption Task Force and this office are committed to rooting out public corruption at all levels. This case is a reminder that no one is above the law.”

“Law enforcement officers have a great responsibility to the public and therefore must be held to a higher standard of integrity,” said Michael B. Steinbach, Special Agent in Charge, FBI Miami. “The FBI’s Miami Area Corruption Task Force was assembled and designed to ensure that these high standards are met and maintained.”

FBI Public Corruption Task Force and the City of Miami Internal Affairs Section initiated an investigation on former Officer Frederick after receiving a report of Frederick’s suspicious activity while on duty. On four separate occasions, between August 2012 and September 2012, Frederick provided protection for a courier who he believed was cashing fraudulent government checks at the check cashing store. He did so, while in full uniform and while driving his marked City of Miami Police Department vehicle. Frederick, in an effort to further facilitate the criminal activity, escorted the courier away from the check cashing store to give the courier safe passage. In exchange for providing security of the courier, who was purportedly cashing fraudulent government checks at the check cashing store, Frederick took receipt of approximately $800 cash.

In October 2012, Frederick sold the personal identifiers of 52 individuals to a second cooperating source after accessing City of Miami Police Department databases. During the investigation, City of Miami Police Department Internal Affairs Unit covertly monitored Frederick’s Police issued laptop and found that he conducted searches of the victims whose identities he was selling.

Mr. Ferrer commended the investigative efforts of the FBI and the City of Miami Police Department. This case is being prosecuted by Assistant U.S. Attorneys Robin Waugh and Michael Davis.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, announce today that after a two week trial before U.S. District Judge K. Michael Moore, a federal jury in Miami convicted Lourdes Margarita Garcia, 62, of Pinecrest, a medical doctor, of conspiracy to defraud and to file false returns with the IRS, and of three counts of filing false returns with the IRS. Sentencing is scheduled for April 10, 2014 at 2:00 p.m.

According to the superseding indictment, Garcia was the owner and operator of Global Medical Group, LLC, a Sub-S Corporation, or “flow through” entity for income tax purposes, which operated a medical clinic in Coral Gables, and previously in Miami. The evidence presented at trial showed that Garcia, a physician assistant at the time the false tax returns were filed in 2007 and 2008, had originally been the subject of an IRS collection action for multiple years of back-taxes owed. During the collection case, the IRS learned that Garcia and her now deceased spouse were delinquent in filing income tax returns for the years 1997 through 2005. When those returns were filed in August 2007, under penalties of perjury, the 1997 and 2001 through 2005 returns reported $0.00 adjusted gross income, and a 2006 amended return also filed in August 2007, reported less than $20,000 of adjusted gross income.

According to the evidence presented at trial, during a 1997 Chapter 11 bankruptcy case, Garcia filed sworn monthly reports with the Bankruptcy Court reporting $81,000 of salaries and commissions for the months of May 1997 through October 1997. Additionally, during 2001 through 2007, Global Medical Group had steadily increased its revenues from insurance payments and patient fees, from approximately $81,000 in 2001, to approximately $1.9 million in 2006 and $1.7 in 2007, but no flow-through income from Global was reported on the 2001 through 2005 individual returns of Garcia and her spouse. Their 2006 and 2007 returns omitted approximately $400,000 of insurance payments and patient fees from Global. The evidence at trial also showed that in 2007, Garcia and her spouse purchased an approximately $2 million residence in Pinecrest, despite the $0.00 adjusted gross income reported in the 1997, and 2001 through 2005 returns, and the less than $20,000 and $30,000 of adjusted gross income reported in the 2006 and 2007 returns, respectively. Further, the evidence presented at trial showed that Garcia and her spouse conspired to defraud the IRS, by impairing, obstructing and defeating its lawful functions in the ascertainment, computation and collection of federal income taxes, including by withdrawing approximately $900,000 from bank accounts, only days before an IRS Notice of Levy attached to the accounts.

At sentencing, Garcia faces up to fourteen years in prison on the four counts of conviction.

Mr. Ferrer commended the investigative efforts of IRS-CI. The case was prosecuted by Assistant U.S. Attorneys Jose A. Bonau and Andy R. Camacho.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Scott J. Israel, Sheriff, Broward County Sheriff’s Office, announce today the conviction of Camilla Gonzalez, 29, and Patricia Alcime, 29, both of Lauderhill, FL, after a two day jury trial, in connection with a tax refund scheme that used stolen social security and other personal identifying information to file false online tax returns that resulted in the issuance of numerous fraudulent tax refunds by the IRS.

Specifically, Gonzalez was convicted of one count of conspiracy to commit false claims, in violation of Title 18, United States Code, Section 286, two 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. Defendant Alcime was convicted of one count of conspiracy to commit false claims, in violation of Title 18, United States Code, Section 286, three counts of theft of public money, in violation of Title 18, United States Code, Section 641, and three counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A. Sentencing has been scheduled for April 9, 2014 at 1:30 p.m. before U.S. District Judge William P. Dimitrouleas in Ft. Lauderdale.

At sentencing, Gonzalez and Alcime each face a maximum statutory sentence of up to ten years in prison on each of the theft of public money and conspiracy to commit false claim counts, and a mandatory consecutive two years in prison on the aggravated identity theft counts. The defendants will also forfeit $511,801.28 in U.S. currency that had been frozen by SunTrust Bank.

As alleged in the Indictment and in-court statements, and thereafter proven in court, between January 15, 2011 and continuing until on or about October 20, 2011, Camilla Gonzalez and Patricia Alcime conspired to defraud the United States by obtaining and aiding to obtain the payment or allowance of false, fictitious, and fraudulent claims. It was the object of the conspiracy that the defendants enrich themselves, by obtaining and utilizing stolen means of identification to file false and fraudulent federal income tax returns claiming tax refunds to which they were not entitled.

In the instant case, Camilla Gonzalez and Patricia Alcime obtained personal identifying information of numerous identity theft victims, including their names, dates of birth, and Social Security numbers. The defendants utilized this information to electronically file false and fraudulent federal income tax returns without the knowledge or authorization of the identity theft victims, utilizing the Electronic Filing Identification Number (EFIN) assigned to Luxury Tax Inc. and claiming refunds to which they were not entitled from the IRS. Defendants Camilla Gonzalez and Patricia Alcime thereafter directed the IRS that the fraudulently claimed refunds be direct deposited into Luxury Tax, Inc. bank accounts at JP Morgan Chase Bank and SunTrust Bank or onto pre-paid reloadable debit card accounts.

Once the bank accounts or pre-paid reloadable debit cards had been funded by the Department of the Treasury, Camilla Gonzalez and Patricia Alcime would thereafter withdraw the funds by making withdrawals at local automated teller machines, transfers to other accounts under their control or to merchants directly, or would utilize the debit cards associated with the Luxury Tax Inc. bank accounts to make everyday purchases, including point of sale transactions at various local businesses and merchants.

In total, Camilla Gonzalez filed 621 fraudulent 2010 tax returns on behalf of unsuspecting identity theft victims, claiming $1,738,639.00 in fraudulent refunds. The IRS subsequently paid out $1,858,386.00 in refunds directly to accounts under her control. Patricia Alcime filed at least 92 fraudulent 2010 tax returns on behalf of unsuspecting identity theft victims, claiming $222,652.00 in fraudulent refunds. The IRS subsequently paid out $203,831.00 in refunds directly to accounts under the control of both Camilla Gonzalez and Patricia Alcime.

Mr. Ferrer commended the investigative efforts of IRS-CI and BSO. This case is being handled by Assistant U.S. Attorney Marc Anton.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Danny Banks, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), announce today that defendant Paul Elvidge, 53, of Port St. Lucie, FL, pled guilty to wire fraud and aggravated identity theft for embezzling more than $1,000,000 from client investment accounts while acting as a securities broker for Cape Securities, Inc. and Seacoast Investor Services, Inc.

Elvidge pled guilty before U.S. District Judge Jose E. Martinez to eight counts 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. Elvidge faces a maximum statutory sentence of up to twenty years in prison on each of the wire fraud counts, and a consecutive penalty of two years in prison on the aggravated identity theft count.

According to court pleadings, Elvidge managed and operated Seacoast Investor Services, which later was purchased by Cape Securities, as a brokerage and investment firm in Port St. Lucie. As a registered representative and stockbroker, Elvidge had access to clients’ brokerage accounts and was able to direct wire transfers from these brokerage accounts. From July 2010 to October 2012, Elvidge Jr. embezzled approximately $1,113,594 from client accounts by preparing fraudulent forms and forging account holders’ signatures. Elvidge Jr. used the fraudulently obtained monies to pay for personal and business expenses, and to fund his personal day-trading activities.

Mr. Ferrer commended the investigative efforts of the FBI and FDLE. This case is being prosecuted by Assistant U.S. Attorney Shaniek Maynard.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Pasquale Pappalardo, 60, of Coral Springs, FL, was sentenced today to 20 years in prison, three years of supervised release, ordered to pay restitution in the amount of $1,061,401 and forfeiture of $3,500,000. Pappalardo was previously convicted in November 2013 in federal court in Fort Lauderdale of conspiracy to commit mail fraud and wire fraud, in violation of Title 18, United States Code, Section 1349, and conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956. Co-defendant Audwin Lovinsky, 35, of Tamarac, FL, was also sentenced today to 33 months in prison, three years of supervised release, and ordered to pay restitution in the amount of $34,635. Lovinsky was previously convicted of conspiracy to commit mail fraud and wire fraud, in violation of Title 18, United States Code, Section 1349.

In all, 41 defendants were charged for their involvement with a time-share resale telemarketing room called Timeshare Mega Media and Marketing Group, Inc., (TMMMG). The other defendants were charged in Case Nos. 11-60190-Cr-Cohn, 11-60247-Cr-Marra, 11-60268-Cr-Hurley, 12-60019-Cr-Scola, 13-60049-Cr-Dimitrouleas, 12-60149-Cr-Scola, 13-60154-Cr-Scola, and 13-60155-Cr-Dimitrouleas. Aside from the two defendants who were sentenced today, thirty-seven defendants previously pled guilty, one is awaiting trial, and one is deceased.

According to the evidence presented at trial, in February 2009, Pasquale Pappalardo, also known to the witnesses as “Patsy U’ Patso” and “Posh,” and Joseph Crapella, also known to witnesses as “Joey Cigars,” started a branch office of Time Share Market Pro (TMP), a time-share resale business. The testimony at trial was that they knew each other from a previous stint in federal prison. In June 2009, at the direction of Pappalardo and Crapella, their associates took customer files and the electronic database of TMP, among other items, without the knowledge of the owner of TMP.

Pappalardo and Crapella then took the employees and the documents seized from TMP and formed a second time share resale company called TMMMG. In November 2009 and January 2010, TMMMG hired salesmen who worked for other fraudulent telemarketing resale companies, including defendant Lovinsky, who used the phone name of Edwin Lovins. Among the lies they would tell timeshare unit owners, was that they had sold their time-share unit and that they needed to pay a refundable fee to secure the sale. The salesmen would then ask the time share unit owners for a fee of at least $1,996, and as much as $10,000. At no time were there any buyers for the time-share units. The testimony at trial was that both Pappalardo and Crapella were told about the lies being told by the salesman, but Pappalardo and Crapella would not do anything to stop the salespeople from lying.

During the 10 months that TMMMG was in business, it fraudulently obtained approximately $5,000,000 from about 3,000 customers. Pappalardo received at least $300,000 in checks and hundreds of thousands of dollars in cash from the money sent by victims of TMMMG.

Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer would also like to recognize the assistance provided by the Fort Lauderdale Police Department, the Federal Trade Commission and the Broward Sheriff’s Office. 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.

WASHINGTON – Attorney General Eric Holder today announced the appointment of the following eight U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee (AGAC): André Birotte Jr., Central District of California; Thomas E. Delahanty II, District of Maine; Zachary T. Fardon, Northern District of Illinois; Wifredo A. Ferrer, Southern District of Florida; Kerry B. Harvey, Eastern District of Kentucky; Zane D. Memeger, Eastern District of Pennsylvania; Tim Q. Purdon, District of North Dakota; and Sarah R. Saldaña, Northern District of Texas.

“In the face of daunting staff and resource constraints, our U.S. Attorneys’ Offices are performing tremendous work in their districts across the country, standing on the front lines of federal law enforcement efforts,” said Attorney General Holder. “Each of the U.S. Attorneys who serves on the Attorney General’s Advisory Committee plays an indispensable role in guiding the Justice Department’s work as we confront a range of challenging issues and opportunities. I welcome the eight new members of the AGAC I’ve chosen to appoint today, and look forward to working closely with them to take fresh, and smart, approaches to fighting crime and achieving justice across the nation.”

The Attorney General also thanked the following U.S. Attorneys who have completed their two-year terms and are rotating off the committee: Laura E. Duffy, Southern District of California; Timothy J. Heaphy, Western District of Virginia; Brendan V. Johnson, District of South Dakota; Pamela C. Marsh, Northern District of Florida; Carmen M. Ortiz, District of Massachusetts; Robert L. Pitman, Western District of Texas; James Santelle, Eastern District of Wisconsin; Carter M. Stewart, Southern District of Ohio.

Chaired by U.S Attorney for the Eastern District of New York Loretta E. Lynch, the AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management and operational issues impacting the Offices of the U.S. Attorneys.

A brief bio on each new appointee is below:

André Birotte Jr. was presidentially appointed and sworn in as the U.S. Attorney for the Central District of California on March 4, 2010. He previously served as the Inspector General for the Los Angeles Police Commission from 2003 to 2010 and as an Assistant Inspector General from 2001 to 2003. From 1995 to 1999, Birotte served as an Assistant United States Attorney for the Central District of California. He started his legal career as a Deputy Public Defender in the Los Angeles County Public Defender’s Office from 1991 to 1995. Birotte serves as Co-Chair of the AGAC’s Terrorism/National Security Subcommittee, and as a member of the Border and Immigration Law Enforcement Subcommittee, Civil Rights Subcommittee, Cyber/Intellectual Property Subcommittee, Violent and Organized Crime Subcommittee and White Collar/Fraud Subcommittee.

Thomas E. Delahanty II was presidentially appointed and sworn in as the U.S. Attorney for the District of Maine on July 1, 2010. Prior to his appointment, he served as a Justice for the Maine Superior Court for more than 26 years, and as Chief Justice from 1990 until 1995. From 1981 until 1983, he was a partner in the firm Delahanty & Longley. He previously served as the U.S. Attorney for the District of Maine from 1980 to 1981. Prior to this, Delahanty served as a District Attorney for Prosecutorial District 3 for Androscoggin, Franklin and Oxford Counties (1975 to 1980); as a County Attorney and Assistant County Attorney with the Androscoggin County Attorney’s Office (1971 to 1975); and as an associate at Marshall, Raymond & Beliveau (1970 to 1974). Delahanty serves as Chair of the AGAC’s Controlled Substances and Asset Forfeiture Working Group, as a member of the AGAC’s Medical Marijuana Working Group and the AGAC’s Border and Immigration Law Enforcement Subcommittee, and as a participant in the department’s Arab American and Muslim Outreach Program.

Zachary T. Fardon was presidentially appointed and sworn in as the U.S. Attorney for the Northern District of Illinois on Oct. 23, 2013. Prior to his appointment, Fardon was a partner at the law firm of Latham & Watkins where he served as the Chair of the Litigation Department in their Chicago office. Previously, Fardon served as the First Assistant United States Attorney in the Middle District of Tennessee from 2003 to 2006 and as an Assistant United States Attorney in the Northern District of Illinois from 1997 to 2003. He began his legal career working as an Assistant Public Defender in the Nashville Metropolitan Public Defender’s Office from 1996 to 1997 and as an associate at the law firm of King & Spalding from 1992 to 1996.

Wifredo A. Ferrer was presidentially appointed and sworn in as the U.S. Attorney for the Southern District of Florida on May 4, 2010. Ferrer previously served as an Assistant County Attorney and as Chief of the Federal Litigation Section in the Miami-Dade County’s Attorney’s Office from 2006 to 2010. From 2000 until 2006, he was an Assistant United States Attorney in the United States Attorney’s Office in the Southern District of Florida. While at the U.S. Attorney's Office, he served in the Public Integrity and National Security Section, the Economic Crimes Section, the Major Crimes Section, and the Appellate Division of the Office. Prior to that, he had been Counsel and Deputy Chief of Staff to the United States Attorney General from 1995 to 2000. From 1994 to 1995, Ferrer was a White House Fellow and Special Assistant to the United States Secretary of Housing and Urban Development. From 1991 to 1994, he had been a Litigation Associate with Steel Hector & Davis in Miami, Florida. From 1990 until 1991, Ferrer was a law clerk to then- District (now 11th Circuit) Judge Stanley Marcus. Ferrer serves as Vice Chair of the AGAC’s Controlled Substances and Asset Forfeiture Working Group.

Kerry B. Harvey was presidentially appointed and sworn in as the U.S. Attorney for the Eastern District of Kentucky on May 14, 2010. Harvey previously served as the General Counsel and Acting Inspector General of the Kentucky Cabinet for Health and Family Services from 2008 to 2010. He was a partner at Owen, Harvey, and Carter from 1991 to 2008; at Prince, Harvey, Brien & Carter from 1986 to 1991; and at Prince & Harvey from 1984 to 1986. Mr. Harvey worked as the Marshall County, Kentucky, Attorney from 1986 to 1994. He began his legal career as an associate at Brown, Todd & Heyburn from 1982 to 1984. Harvey serves as a member of the AGAC’s Health Care Fraud Working Group.

Zane David Memeger was presidentially appointed and sworn in as the U.S. Attorney for the Eastern District of Pennsylvania on May 10, 2010. Prior to his appointment, Memeger was a Partner at Morgan, Lewis & Bockius, LLP from 2006 to 2010. Previously, Memeger had served as an Assistant United States Attorney in the United States Attorney’s Office for the Eastern District of Pennsylvania from 1995 until 2006. From 1991 until 1995, Memeger was an Associate at Morgan, Lewis & Bockius, LLP. Memeger serves as a member of the AGAC’s Cyber/Intellectual Property Subcommittee, LECC/Victim/Community Issues Subcommittee, Violent and Organized Crime Subcommittee, White Collar/Fraud Subcommittee and Health Care Fraud Working Group.

Timothy Q. Purdon was presidentially appointed and sworn in as the U.S. Attorney for the District of North Dakota on August 24, 2010. Prior to his appointment, Purdon was a partner at Vogel Law Firm from 2005 to 2010; prior to his promotion he also served as an associate at the firm. From 1996 until 2001, Purdon worked as an associate at Dickson & Purdon, and he became a partner in the firm in 2001. From 1995 through 1996, he was an associate at Olson & Cichy. Purdon has also served as a law clerk for the Honorable Bruce M. Van Sickle of the United States District Court for the District of North Dakota. Purdon serves as a member of the AGAC’s Border and Immigration Law Enforcement Subcommittee, Native American Issues Subcommittee, Environmental Issues Working Group, and Local Government Coordination Working Group.

Sarah R. Saldaña was presidentially appointed and sworn in as the U.S. Attorney for the Northern District of Texas on Sept. 29, 2011. She previously served as an Assistant United States Attorney for the Northern District of Texas since 2004, serving as Deputy Criminal Chief for Fraud and Public Corruption since 2009. Ms. Saldaña was an attorney for Baker Botts, L.L.P, from 1987 to 1998, and Haynes Boone from 1985 to 1987. Following law school, she served as a judicial clerk to the Honorable Barefoot Sanders, U.S. District Court Judge for the Northern District of Texas, from 1984 to 1985. Saldaña serves as a member of the AGAC’s Border and Immigration Law Enforcement Subcommittee, Cyber/Intellectual Property Subcommittee, LECC/Victim/Community Issues Subcommittee and White Collar/Fraud Subcommittee.

The full AGAC membership is listed below:

Loretta E. Lynch, United States Attorney, Eastern District of New York, Chair
Sally Quillian Yates, United States Attorney, Northern District of Georgia, Vice Chair
David Barlow, United States Attorney, District of Utah
Andre Birotte Jr. – Central District of California
Thomas E. Delahanty II – District of Maine
Zachary T. Fardon – Northern District of Illinois
Wifredo A. Ferrer – Southern District of Florida
Richard S. Hartunian, United States Attorney, Northern District of New York
Kerry B. Harvey – Eastern District of Kentucky
Barbara L. McQuade, United States Attorney, Eastern District of Michigan
Zane D. Memeger – Eastern District of Pennsylvania
Wendy J. Olson, United States Attorney, District of Idaho
Timothy Q. Purdon – District of North Dakota
Sarah R. Saldan͂a – Northern District of Texas
Ronald W. Sharpe, United States Attorney, District of the Virgin Islands
Anne Tompkins, United States Attorney, Western District of North Carolina
Ronald C. Machen, United States Attorney, District of Columbia, ex officio
Daniel Bella, Criminal Chief, Northern District of Indiana, ex officio
Suzanne Bauknight, Civil Chief, Eastern District of Tennessee, ex officio
Robert Zauzmer, Appellate Chief, Eastern District of Pennsylvania, ex officio

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.

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), and Linda M. Swacina, District Director, U.S. Citizenship and Immigration Services (USCIS), announce that Gary Wayne Peters, 58, of Key West, was charged in a nine-count indictment, which included eight counts of wire fraud and one count of encouraging and inducing an alien to reside illegally in the United States for profit.

According to the indictment, Peters defrauded an undocumented alien with initials “M.P.” by falsely claiming that he would assist M.P. obtain legal immigration status in the United States. To accomplish this scheme, Peters told M.P. that he knew certain-named federal immigration agents; that Peters had filed an immigration petition for M.P.; and that the named immigration agents were processing M.P.’s immigration documents. M.P. paid Peters approximately $25,000 for Peters’ supposed assistance with his immigration application. In reality, Peters never filed an immigration petition for M.P., and there were no agents employed by the Department of Homeland Security with the names mentioned.

Mr. Ferrer commended the investigative efforts of ICE-HSI and USCIS. This case is being prosecuted by Assistant U.S. Attorney Cristina Moreno.

An indictment 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.

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, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the guilty plea of Diego Perez Henao, a/k/a “Diego Rastrojo,” 42. Perez Henao, a Colombian national and a U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)-designated Specially Designated Narcotics Trafficker (SDNT), pled guilty today to the one-count indictment charging him with participating in a decades-long conspiracy to manufacture and distribute five or more kilograms of cocaine knowing that the cocaine would be unlawfully imported into the United States. Perez Henao was extradited from Colombia in August 2013 and has been in custody since being captured in Venezuela on June 3, 2012.

At the plea hearing held before U.S. District Judge Patricia A. Seitz, Perez Henao acknowledged that from 1994 until the January 2008 killing of his primary patron, North Valley Cartel head Wilber Varela, Perez Henao participated in the production and/or shipment of at least 81,100 kilograms of cocaine, and then continued the shipment of additional thousands of kilograms of cocaine after Varela’s killing. He also acknowledged that his co-conspirators used a variety of modes of transportation, including airplanes, trucks and semi-submersibles, to transport the cocaine to Mexican cartels who ultimately imported the cocaine into the United States. Perez Henao also agreed that he had controlled dozens of heavily-armed workers in his organization and oversaw the large-scale manufacture and distribution of cocaine. Perez Henao, who faces a mandatory minimum sentence of ten years and a maximum sentence of any term of years, is scheduled to be sentenced on June 5, 2014.

U.S. Attorney Wifredo A. Ferrer stated, “Diego Perez Henao was the kingpin of a prolific drug cartel responsible for the production and shipment of over 80,000 kilograms of cocaine into the United States. The conviction of Perez Henao concludes one of the most significant chapters in the history of the Colombian drug trade. With the continued collaboration and assistance of our law enforcement partners, here and abroad, we will continue our efforts to bring the most powerful and prolific drug lords to justice.”

“Diego Perez-Henao, a/k/a Diego Rastrojo, was one of the largest Kingpins to be extradited from Colombia,” said DEA Special Agent in Charge Mark R. Trouville. “He was so well known in Colombia, that emerging Bandas Criminales groups adopted the name “Rastrojos” to identify themselves as significant drug trafficking gangs in various regions within Colombia. With the assistance of our Colombian counterparts, the DEA will continue to seek out, arrest, and extradite leaders of the remaining Rastrojo organizations to face justice.”

“The FBI continues to work with our law enforcement partners to bring to justice international narco-traffickers who infiltrate our borders and poison our society with dangerous drugs,” said Michael B. Steinbach, Special Agent in Charge, FBI Miami.

The indictment of Perez Henao is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) led by DEA and FBI. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

Mr. Ferrer commends the outstanding investigative efforts of DEA, FBI and their Colombian law enforcement partners. The case is being prosecuted by Assistant U.S. Attorney Adam Fels.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Rigoberto Cabrera, 37, of Miami-Dade County, was sentenced today for his participation in a tax preparation fraud scheme. Cabrera was sentenced to 292 months in prison, to be followed by three years of supervised release. Cabrera was also ordered to pay restitution in the amount of $1,526,622.

A federal jury previously convicted Cabrera on 29 counts, including one count of conspiracy to defraud the government with respect to claims, one count of conspiracy to commit wire fraud, 18 counts of making false claims to the IRS, four counts of wire fraud, one count of conspiracy to commit money laundering, and four counts of money laundering.

According to the indictment and evidence presented during the trial, defendant Cabrera and co-conspirator Carlos Perez, 34, also of Miami-Dade County, recruited individuals and offered to prepare their individual income tax returns with the promise that the defendants could obtain substantial tax refunds for the taxpayers. The recruited taxpayers agreed to pay Cabrera and Perez a percentage of the refunds they received. The defendants then prepared fraudulent 2008 and 2009 federal income tax returns on behalf of the recruited taxpayers, claiming tax credits or deductions to which the taxpayers were not entitled. After the taxpayers received the fraudulent refunds from the IRS, Cabrera and Perez collected a percentage of the funds from the taxpayers through checks payable to companies that the defendants controlled and shell companies.

Through this scheme, the defendants claimed approximately $10,242,667 in tax refunds from the IRS.

Carlos Perez was sentenced on December 5, 2013 to 33 months in prison, to be followed by three years of supervised release. Perez pled guilty on September 19, 2013 to Counts 1 and 21 of the superseding indictment, which charges the defendant with conspiracy to defraud the government with respect to claims, and to conspiracy to commit wire fraud.

Mr. Ferrer commended the investigative efforts of IRS-CI. The case is being prosecuted by Assistant U.S. Attorneys Daniel Bernstein and Alejandro O. Soto.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Michael Ali Bryant, Sr., 41, of Lauderdale Lakes, pled guilty today for his participation in a stolen identity tax refund scheme. Sentencing is scheduled for April 11, 2014.

Specifically, Bryant pled guilty today to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A. Co-defendants Tiffany Shenae Cooper, 33, of Deerfield Beach, and Marquis Onigirin Moye, 24, of Pompano Beach, previously pled guilty to the same two charges. Cooper is scheduled to be sentenced on February 28, 2014, and Moye is scheduled to be sentenced on March 28, 2014. At sentencing, each of the defendants face a maximum of ten years in prison for the possession of unauthorized access devices charge, and a mandatory term of two years in prison, consecutive to any other term in prison, for the aggravated identity theft charge.

Michael Bryant's wife and co-defendant Latina Rashawn Bryant, 43 Lauderdale Lakes, previously pled guilty to one count of using an unauthorized access device, 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. Sentencing is scheduled for March 28, 2014.

Co-defendant Angela Dione Rosier, 41, of Coral Springs, previously pled guilty to one count of conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029(b)(2). Sentencing is scheduled for February 28, 2014.

According to documents filed in conjunction with today’s plea hearing, a confidential source (CS) initially approached Michael Bryant and inquired about purchasing narcotics. Bryant told the CS that he did not have any narcotics but that he did have personal identity information (PII) that he was willing to sell to the CS. The CS made a controlled purchase of ten pages (each page containing approximately 20 to 25 names) of PII. Bryant instructed the CS on how to commit tax fraud using the PII, and provided the CS with specific instructions on what information to enter into the web pages of the internet-based tax services to obtain a tax refund. An examination of the PII revealed that it was from a medical services provider.

Co-defendant Rosier was an employee of the medical services provider. Co-defendant Cooper spoke to Rosier to obtain user names and passwords for current employees of the medical services provider. Cooper admitted to illegally logging on to the medical services provider’s computer network and downloading PII for the purpose of committing various types of fraud. She was assisted in her activities by Rosier and co-defendant Moye.

Subsequent investigation by the IRS identified 226 false claims linked to Michael Bryant. These false claims were for refunds totaling $775,879. Seventy eight of the false claims were paid resulting in a loss to the IRS of $221,576.

Mr. Ferrer commended the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Cynthia R. 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Katherine Fernandez Rundle, Miami-Dade County State Attorney, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, Mark R. Trouville, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, and Scott Israel, Sheriff, Broward County Sheriff’s Office (BSO), announce the extradition of Colombian citizens Omar Alejandro Vanegas Lora, a/k/a “Paco,” 41, and Edinson Antonio Ahumada Arboleda, a/k/a “El Primo,” 48, from Colombia to the United States to face charges in the Southern District of Florida involving the importation of kilogram quantities of cocaine into the United States. Vanegas Lora and Ahumada Arboleda arrived in the Southern District of Florida on January 23, 2014 and made their initial appearance today in federal court before U.S. Magistrate Judge Chris M. McAliley.

The charges announced today are the result of a multi-agency investigation that began in 2010 into the drug smuggling activities at Port Everglades. To date, the investigation has resulted in the indictment and conviction of nearly a dozen former King Ocean Services employees who worked at Port Everglades and numerous drug traffickers who received the narcotics from the port that were being smuggled aboard cargo ships owned or operated by King Ocean Services. As a result of this investigation, Omar Alejandro Vanegas Lora and Edinson Antonio Ahumada Arboleda were indicted in the Southern District of Florida on January 25, 2013. The indictment charges Omar Alejandro Vanegas Lora and Edinson Antonio Ahumada Arboleda with conspiring to import cocaine into the United States and conspiring to possess with intent to distribute cocaine. From 2011 until the date of Vanegas Lora’s arrest on these charges, he was the elected mayor of Tenerife, a town near Barranquilla, Colombia.

The investigation revealed that beginning in at least 2009 through the date of the indictment, Vanegas Lora and Ahumada Arboleda allegedly ran a scheme to smuggle multi-kilogram quantities of cocaine aboard King Ocean Services cargo vessels that were destined for Port Everglades, while these vessels were docked at ports of call overseas. Once the vessels arrived at Port Everglades, Vanegas Lora and Ahumada Arboleda allegedly coordinated the offloading of the narcotics from the vessels with Port Everglades employees and other associates, and arranged to have the narcotics delivered to local drug traffickers.

The conspiracy allegedly involved the importation of more than 150 kilograms of cocaine through Port Everglades.

U.S. Attorney Wifredo A. Ferrer stated, “The arrest and extradition of Omar Alejandro Vanegas Lora and Edinson Antonio Ahumada Arboleda are the direct result of strong international cooperation with Colombian authorities. It also reflects the hard work, commitment, and perseverance of our Colombian and U.S. law enforcement partners to rid our streets of drugs and make our ports of entry safer. Now that Vanegas Lora and Ahumada Arboleda have been successfully extradited, justice will be served.”

“I’m very proud that the initial leads developed by our Money Laundering Strike Force led to numerous international cases well prosecuted by our Federal partners. This is just another example of the fine work our State and Federal law enforcement partners accomplish every day,” commented Miami-Dade State Attorney Katherine Fernandez Rundle.

HSI Special Agent in Charge Alysa D. Erichs added, “HSI and our law enforcement partners will continue to combat drug trafficking in the United States. Our ports will not serve as an entry point for narcotics or other contraband.”

DEA Special Agent in Charge Mark R. Trouville stated, “The ports along Florida’s coastline have long been utilized by drug traffickers and it continues to be a concern for DEA. Successful indictments and extraditions like these wreak havoc on international drug trafficking organizations. The DEA remains vigilant in these areas and will continue to work side by side with our domestic and international law enforcement partners to bring justice to those who conspire to bring dangerous drugs into our nation.”

“The tools that were utilized to identify and investigate this drug trafficking organization make this joint investigation one of the first of its kind at Port Everglades,” Sheriff Israel said. “It took many years to build the case, but the successful prosecution of these individuals is a win for the residents of Broward County.”

The indictment of Vanegas Lora and Ahumada Arboleda is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) investigation led by HSI in conjunction with the DEA Miami Field Division, the Broward County Sherriff’s Office, and the South Florida Money Laundering Strike Force. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

Mr. Ferrer commended the investigative efforts of ICE-HSI, DEA, BSO and the South Florida Money Laundering Strike Force. The ICE-HSI Attaché’s Office in Bogotà provided significant assistance and support during the arrest and extradition of the defendants. The case is being prosecuted by Assistant U.S. Attorney Aimee Jimenez.

An indictment is merely 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.

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), and Linda M. Swacina, District Director, U.S. Citizenship and Immigration Services (USCIS), announce the filing of federal charges against six defendants in three separate cases. The cases announced today involve immigration scams that highlight fraud and abuse facing undocumented aliens living in South Florida.

“The immigration schemes alleged in these cases targeted the perceived, but oftentimes real, vulnerabilities of immigrants,” said U.S. Attorney for the Southern District of Florida Wifredo Ferrer. “Immigrants need to be aware that there are notarios and employers who prey on these vulnerabilities by making promises they do not keep and threats aimed to exploit. These schemes are intolerable. The United States Attorney’s Office is committed and stands united with the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Citizenship and Immigration Services to combat such fraud.”

“I urge individuals who wish to obtain legal citizenship or status to beware of notario fraudsters. These individuals will prey on their victims’ vulnerabilities, and in the end, no one wins,” said Alysa D. Erichs, Special Agent in Charge of HSI Miami. “HSI will continue to investigate document and benefit fraud that threatens our legal immigration system.”

“USCIS has zero tolerance for immigration fraud,” said Linda Swacina, Director for the USCIS Miami District. “Our employees are committed to detecting and cooperating with other agencies to combat fraud and will continue to equip applicants and legal service providers with the tools they need to detect and protect themselves from fraud. Anyone considering immigration fraud should understand our commitment to ensuring the integrity of our nation’s immigration system.”

The cases announced today include:

1. United States v. Iris Mira Probkevitz, et al., Case No. 14-20036-Cr-Martinez

Defendants Iris Mira Probkevitz, 57, of Aventura, and Jose Antonio Polledo Alfonso, 50, of Miami Beach, were charged in a ten-count indictment with one count of conspiracy to commit mail and wire fraud, five counts of mail fraud, two counts of wire fraud, one count of knowingly presenting an immigration application containing false information, and one count of knowing concealment of a material fact in a Green Card application.

According to allegations in the indictment, Probkevitz and Polledo Alfonso submitted immigration applications for undocumented aliens seeking immigration benefits in the United States but then defrauded them for additional sums of money beyond the original, negotiated payment amount once the application was filed. During the course of this scheme, the defendants falsely claimed to be employees of federal agencies, including at times the USCIS and at times the Federal Bureau of Investigation. The defendants also falsely claimed that Probkevitz was an immigration lawyer. Additionally, the defendants submitted applications with fraudulent information to USCIS purportedly on behalf of the undocumented aliens, directed mail from USCIS that was intended for the aliens to be delivered to the houses of the defendants, controlled the mail, and then charged the undocumented aliens money for the mail. On occasion, when undocumented aliens refused to pay the defendants’ escalating demands for money, the defendants sent a letter to USCIS falsely purporting to be from an alien or the alien’s spouse seeking a withdrawal of the immigration application.

In some instances, the defendants’ scheme involved threats. In one instance, an undocumented alien with initials “R.H.H.” and her spouse complained to the defendants about the defendants’ demands for additional sums of money and the defendants’ control of their mail from USCIS. In response, Polledo Alfonso told R.H.H. that he would put cement on her feet and throw her into the water if she complained to authorities about the defendants. In another instance, Probkevitz threatened to deport an undocumented alien with initials “A.W.” if she did not pay an additional sum of money. Moreover, after an alien with initials “M.S.” refused to pay additional sums, Polledo Alfonso showed M.S. what appeared to be a U.S. Customs credential and told M.S. that it was his job to arrest aliens like M.S.

This case is being prosecuted by Assistant U.S. Attorney Robert Emery.

2. United States v. Maria Ester Monzon, et al., Case. No. 14-60010-Cr-Cohn

Defendants Maria Esther Monzon Roque, 55 of Lauderhill, Maria Cristina Ramirez De La Piscina Pena, 56, of Lauderhill, and Julian Roman Ramirez De La Piscina Pena, 57, of Lauderhill, were charged in a two-count indictment with conspiring to harbor illegal aliens, and one count of harboring an illegal alien with initials “M.D.”

The indictment alleges that the defendants worked together to own and operate the Inverarry Resort Hotel Condominium, and hired illegal aliens without asking them for employment authorization cards or other forms of required documentation. Additionally, the defendants had illegal alien employees sign forms claiming they were independent contractors and paid them in cash.

In November 2007, M.D. suffered a work-related injury. When M.D. returned to Inverarry after her hospitalization, the defendants threatened to turn M.D. and M.D.’s family over to immigration officials if M.D. caused any problems for the hotel or asked the defendants to pay her medical bills. They further told M.D. to leave and refused to pay her overdue wages.

This case is being prosecuted by Assistant U.S. Attorney Jamie Galvin.

3. United States v. Cecilia Alejandra Rodriguez Rivas, Case No. 14-2082-mj-McAliley

Defendant Cecilia Alejandra Rodriguez Rivas, 32, of Miami, was charged in a criminal complaint with making and using false documents in matters within the jurisdiction of the Department Homeland Security.

According to the criminal complaint, Rodriguez Rivas is a notary public who owns and operates an immigration services business called Rodriguez Universal Services LLC. Rodriguez falsely stated that she was an attorney and submitted altered income tax returns and forged documents to USCIS.

This case is being prosecuted by Special Assistant U.S. Attorney Timothy Cole.

If anyone has information about this fraud or has been a victim of the fraud, please call the toll-free hotline at 1-866-DHS-2-ICE.

Mr. Ferrer commended the investigative efforts of ICE-HSI and USCIS.

An indictment or complaint is only an accusation and a defendant is presumed innocent unless and until proven guilty.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, announce that Manuel L. Maroño, the former Mayor of the City of Sweetwater, was sentenced to 40 months in prison and two years of supervised release by U.S. District Judge William J. Zloch for conspiring to commit honest services wire fraud involving a scheme to personally benefit himself through the use of his elected position as Mayor of Sweetwater.

U.S. Attorney Wifredo A. Ferrer stated, “The judge correctly likened political corruption to cancer. Today’s sentence sends a message to public officials: selling the public’s trust will put you in federal prison.”

"The sentence received by Manuel L. Marono today was not only for violating the law, but also for undermining the public’s trust in their elected official,” said Michael B. Steinbach, Special Agent in Charge of the Miami Division. "Marono was brought to justice in large part due to the dedication and commitment of the members of the Miami Area Corruption Task Force.”

According to documents filed with the court, in late November 2011, Maroño and his co-conspirator, Jorge Forte, a lifelong friend of Maroño and a lobbyist, agreed to aid a company known as Sunshine Universal to obtain federal grant funds for the stated reason of preparing an economic development study for Sweetwater, all in exchange for cash kickbacks to Maroño and Forte. Although Maroño and Forte were unaware, Sunshine Universal was, in fact, an undercover FBI entity. To aid the scheme, Maroño caused the passage of a resolution in Sweetwater that authorized the undercover agents’ company to apply for federal grant moneys using the authority of the City of Sweetwater. After the resolution was passed, Maroño and Forte personally met and negotiated with the undercover agents and accepted a series of cash payments in exchange for Maroño’s official actions in support of the grant scheme. During these negotiations and meetings, Forte acted as the front man for Maroño.

To further the scheme and avoid detection, Maroño also participated in what he believed to be audit telephone calls from the federal government to confirm the grantees’ performance on the grant. During two separate audit calls, both of which were recorded, Maroño lied to and misled the auditor, who was in fact an undercover FBI agent, about the actual use of the grant money and the grantee’s performance. For their corrupt actions, Maroño and Forte received $45,000.

Mr. Ferrer commends the investigative efforts of the FBI. This case was prosecuted Assistant U.S. Attorneys Jared E. Dwyer and Robert K. Senior.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Paula Reid, Special Agent in Charge, U.S. Secret Service, announce the unsealing of an indictment charging Louis A. Francois, 44, of Margate, with three counts of wire fraud, in violation of Title 18, United States Code, Section 1343, and three counts of aggravated identity theft, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2. The defendant was arraigned today before U.S. Magistrate Judge Dave Lee in West Palm Beach.

According to the indictment, Francois owned and operated a tax preparation business called A&I Multi Services (A&I) located in Oakland Park, Florida. Francois stole personal identifying information (PII) of various individuals, including their names, dates of birth, social security numbers, and addresses, for the purpose of filing fraudulent U.S. income tax returns claiming tax refunds in those individuals' names. Subsequently, Francois printed out the refund checks payable to the persons whose PII was used at A&I. The checks were in the amount of the fraudulently obtained tax refunds minus Francois' “tax preparation” fees and other fees. The “tax preparation” fees were deposited into Francois’ bank account. Francois went to a check cashing store located next door to A&I with the fraudulently obtained tax refund checks and fraudulent Florida driver's licenses matching the stolen identities on the checks and cashed them.

If convicted, Francois faces a maximum sentence of twenty years in prison for each wire fraud charge, and a mandatory term of two years in prison, consecutive to any other term in prison, for each aggravated identity theft charge.

Mr. Ferrer commended the investigative efforts of IRS-CI and the Secret Service. This case is being prosecuted by Assistant U.S. Attorney Alicia E. Shick.

An Indictment 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, announce that defendants Henry Dorvil, aka “D,” 35, of Hollywood, Brandon Johnson, 29, of Miami Gardens, and Ronald Gustave, 36, of Miami, pled guilty today for their participation in a stolen identity tax refund scheme resulting in millions of dollars in fraudulent activity. Sentencing for Dorvil is scheduled for April 14, 2014 at 8:30 a.m. Sentencing for Gustave and Johnson is scheduled for April 18, 2014 at 8:30 a.m.

Specifically, each defendant pled guilty to one count of conspiring to defraud the government, in violation of Title 18, United States Code, Section 371, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1). Co-defendants Dukens Eleazard, aka “DK,” 33, of Pembroke Pines, Luckner St Fleur, aka “Nene,” 32, of Miami, Marie Eleazard, aka “Fanfan,” 32, of Miami, and Jesse Lamar Harrell, 26, of Miramar, each previously pled guilty to the same two charges. Dukens Eleazard is scheduled to be sentenced on February 26, 2014; Harrell and St Fleur are scheduled to be sentenced on February 27, 2014; and Marie Eleazard is scheduled to be sentenced on March 5, 2014. At sentencing, each of the defendants face a maximum of five years in prison for the conspiracy charge, and a mandatory term of two years in prison, consecutive to any other term in prison, for the aggravated identity theft charge.

Co-defendant Marc Leroy Saint Juste, 26, of Tamarac, previously pled guilty to one count of conspiring to defraud the government, in violation of Title 18, United States Code, Section 371. He was sentenced to two months in prison, to be followed by one year of supervised release.

Court documents state that the defendants conspired to unjustly enrich themselves by recruiting knowing co-conspirators and unknowing victims to put businesses, bank accounts and Electronic Filing Identification Numbers (EFINs) in their names, through which fraudulent transactions would be conducted. To accomplish this, the defendants used the personal identification information of individuals, many deceased, to prepare and file false and fraudulent income tax returns with the IRS. The defendants would obtain possession of fraudulently obtained refunds in the form of United States Treasury and Refund Anticipation Loan checks diverted to addresses or into bank accounts that they caused to be created and controlled. The defendants would then negotiate the fraudulently obtained federal income tax refunds within each other’s businesses, and elsewhere, to avoid being detected.

According to documents filed in conjunction with today’s plea hearings, Dorvil and/or his co-conspirators filed 1,747 false returns using deceased individuals’ identities from multiple EFINs, and these returns fraudulently claimed approximately $7 million in refunds. The dollar amount of fraudulent federal income tax returns filed and paid by the IRS, in 2012, under the EFIN used by Gustave was $544,054. Johnson and other co-conspirators working at Imperial Tax used an EFIN to file approximately eight fraudulent 2010 tax returns that were prepared with identities from deceased individuals that fraudulently claimed $44,608 in refunds.

A change of plea hearing is scheduled on February 3, 2014 for co-defendant Ruth Cartwright, aka “Princess,” 30, formerly of Plantation.

Trial is scheduled on February 24, 2014 for co-defendants Herve Wilmore Jr., 29, of Aventura, Miguel Patterson, 35, of Miami, John Similien, 24, of Plantation, Corey Williams, 30, of Miami Gardens, and Delvin Jean Baptiste, aka “Doo Doo”, 29 of Miramar.

Mr. Ferrer commended the investigative efforts of the IRS-CI, FBI, and USSS. The case is being prosecuted by Assistant U.S. Attorney Neil Karadbil and Tax Division Trial Attorney Greg Tortella.

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.

A patient recruiter for a fraudulent Miami-area mental health company, American Therapeutic Corporation (ATC), pleaded guilty today for her participation in a $190 million Medicare fraud scheme.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Miami resident Mayelin Santoyo, 28, pleaded guilty before U.S. District Judge K. Michael Moore in the Southern District of Florida to one count of conspiracy to receive health care kickbacks. Sentencing has been scheduled for March 28, 2014. On Nov. 25, 2013, co-defendant Jose Martin Olivares, 36, also a Miami resident and patient recruiter, pleaded guilty to one count of conspiracy to receive health care kickbacks before U.S. District Judge Donald L. Graham for his role in this scheme. Olivares’s sentencing is set for Feb. 4, 2014.

According to court documents, Santoyo was a patient recruiter for the now-defunct ATC. ATC and its management company, Medlink Professional Management Group Inc., were Florida corporations headquartered in Miami. ATC operated purported partial hospitalization programs (PHPs), a form of intensive treatment for severe mental illness, in seven different locations throughout South Florida and Orlando.

Santoyo recruited Medicare beneficiaries to attend ATC’s PHP program in exchange for kickbacks in the form of checks and cash. The amounts of the kickbacks were based on the number of days each recruited patient spent at ATC. Santoyo knew that the patients she recruited for ATC were not qualified to receive PHP treatment.

ATC’s owners and operators paid millions of dollars in kickbacks to the owners and operators of various assisted living facilities and halfway houses, as well as to patient recruiters, like Santoyo, in exchange for delivering ineligible patients to ATC. According to court documents, to obtain the cash required to support the kickbacks to recruiters such as Santoyo, the co-conspirators laundered millions of dollars of payments from Medicare.

In related cases, ATC, Medlink and various owners, managers, doctors, therapists and patient recruiters of ATC and Medlink have already pleaded guilty or have been convicted at trial. In September 2011, ATC’s owner, Lawrence Duran, was sentenced to 50 years in prison for his role in orchestrating and executing the scheme to defraud Medicare.

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. The case was prosecuted by Assistant Chief Robert A. Zink and Trial Attorney 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 more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that George Brown, 50, of Hollywood, FL, pled guilty to a one-count Information charging him with accepting bribes in connection with programs receiving federal funds, in violation of Title 18, United States Code, Sections 666. Brown’s sentencing has been set for March 28, 2014 at 10:00 a.m. before U.S. District Judge James I. Cohn.

According to the Stipulated Statement of Facts executed by the parties, Brown was the Roadway Lighting Coordinator for the Department of Public Works (Public Works) in Miami-Dade County. In this capacity, Brown was responsible for, among other things, overseeing the installation and/or maintenance of more than 24,000 street lights in the county’s roadway system. In 2011, a lighting contractor offered to provide Brown with “rewards” in exchange for Public Works’ purchase of the contractor’s lighting products. Brown agreed and subsequently accepted more than $13,000 in bribes from the contractor in 2011 and 2012. The bribes included appliances, computer equipment, and other merchandise, all paid for by the contractor. Among the merchandise that Brown received from the contractor was a 2.5 ton air conditioning unit, a Samsung stainless steel refrigerator, and a KitchenAid built-in single electric convection oven. The merchandise was either shipped directly to Brown’s home address or picked up by Brown at the contractor’s business in Miami.

During the investigation, the contractor began to cooperate with law enforcement and recorded the conversations with Brown. In one recorded conversation, Brown assured the contractor that no one else knew about their arrangement. In another recorded conversation, the two discussed delivery to Brown of certain merchandise costing approximately $2,600 in exchange for Brown’s assistance on a Public Works’ project on 27th Avenue in Miami.

Brown faces a possible maximum statutory sentence of ten years in prison.

Mr. Ferrer commended the investigative efforts of the FBI. 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field office, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce the sentencing of Porscha Kyles, 25, of Fort Lauderdale, to three years in prison, followed by two years of supervised release and $57,328 in restitution. Kyles previously pled guilty to one count of conspiracy to possess fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(b)(2), and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).

According to court documents, from October 2011 through February 2012, Kyles worked as a clerk of court in Broward County. Kyles had access to the Florida Department of Highway Safety and Motor Vehicle Driver and Vehicle Information Database (DAVID) in this position. On multiple occasions in 2011 and 2012, Kyles searched DAVID, copied personal identity information (names, dates of birth, and Social Security numbers) of individuals, and provided that information to a co-conspirator in exchange for a cash payment. Kyles provided over one hundred individuals’ personal identity information to the co-conspirator for the filing of fraudulent tax returns seeking refunds with the Internal Revenue Service.

Mr. Ferrer thanked the FBI and IRS-CI for their work on this case. 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.

Indictment Stems from USAO’s Overtown Violence Reduction Partnership

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Manuel Orosa, Chief, City of Miami Police Department, announce the indictment of eight individuals for their alleged participation in various heroin, cocaine, crack cocaine, and marijuana distribution conspiracies.

This indictment is, in large part, the result of the Overtown Violence Reduction Partnership, launched by the U.S. Attorney’s Office in October 2011. To date, 46 individuals have been charged in federal court as a result of this initiative. Of those charged, 27 individuals, including the eight charged in the present indictment, are career offenders under the Sentencing Guidelines or Armed Career Criminals under the Armed Career Criminal Act. Through the Partnership, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks in the Overtown neighborhood, while simultaneously working with community leaders and concerned citizens to mentor at-risk youths, provide jobs and job training to young families, and help probationers and parolees successfully re-enter society.

The 19-count indictment, returned on January 10, 2014, and unsealed yesterday, charges the defendants with conspiracy to possess controlled substances with the intent to distribute, in violation of Title 21, United States Code, Section 846 (Counts 1, 10, and 13); and possession of controlled substances with the intent to distribute, in violation of Title 21, United States Code, Section 841(a)(1) (Counts 2-9, 11, 12, and 14-19). The indictment charges the following eight individuals:

Travis Lamont Smith, 29, of Overtown; Christopher Thomas Smith, 28, of Overtown; Tremayne Lemont Whigham, 33, of Overtown; Raymond Murray Scott, 23, of Overtown; Joshwa Brown, 35, of Overtown; Gregory Allen Blue, 29, of Overtown; Carl Earnest Hurd, 34, of Overtown; and
Quentin K. Tracy, 25, of Overtown.

Seven of the eight defendants have been arrested and are expected to make their initial appearances in front of U.S. Magistrate Judge Patrick M. Hunt today, January 16, 2014 at 11:00 a.m. Quentin K. Tracy remains at large.

U.S. Attorney Wifredo A. Ferrer stated, “These arrests reflect the joint commitment of federal and local law enforcement professionals to the Overtown Violence Reduction Partnership. The goal of the Partnership is to leverage resources to help one of Miami’s most historic neighborhoods shake off the cycle of violence that has tormented it for years and return to its prior prominence. Enforcement of federal criminal statutes is an integral component of our holistic approach to community building. But we cannot arrest our way out of the violence that has gripped Overtown for decades. To that end, our Partnership also focuses on community-partnering, crime prevention, and reentry assistance for offenders attempting to put their pasts behind them and build healthy, productive lives in our community. The results of this investigation clearly illustrate that we remain committed to this comprehensive approach.”

“Drugs and the armed gangs who peddle them have a devastating effect on our communities,” said Michael B. Steinbach, Special Agent in Charge of FBI Miami. “This case is part of the Overtown Violence Reduction Initiative which targets areas most stricken by gang activity within Dade County. The FBI and its partners will continue to pursue and dismantle these violent gangs.”

If convicted, the defendants face a possible statutory maximum sentence of up to twenty years in prison.

Mr. Ferrer commended the investigative efforts of the FBI, City of Miami Police Department, and ATF. This case is being prosecuted by Assistant U.S. Attorneys Roy Altman and Jonathan Kobrinski.

An indictment is only an accusation and a defendant is presumed innocent until proven guilty.

Attachment:

Wanted-Red Flag (PDF)

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Gary Goldberg, 49, of Palm Beach County, was sentenced yesterday to 156 months in prison by U.S. District Judge Kenneth A. Marra in West Palm Beach for enticing a minor to engage in an illegal sexual activity, in violation of Title 18, United States Code, Section 2422(b).

According to documents filed with the court, Goldberg entered into a relationship with a 17 year old victim and her 15 year old friend. Goldberg paid the minors to allow him to take sexually explicit photographs of them.

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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Mr. Ferrer commended the investigative efforts of the FBI, the Boca Raton Police Department, the FBI Safe Streets Task Force, and the South Florida Minor Vice Task Force. The case is being prosecuted by Assistant U.S. Attorney Lothrop Morris.

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.

Wilfredo A. Ferrer, United States Attorney for the Southern District of Florida, and Edward Grace, Deputy Assistant Director U.S. Fish & Wildlife Service, Office of Law Enforcement, announce that Jerrold C. Tieder, 47, of Dania, Florida and Tropical Fish Transhippers, Inc. (TFT), a Florida corporation based in Dania Beach, were convicted and sentenced today in Key West for transporting and selling wildlife in interstate commerce, specifically nurse sharks, with a fair market value in excess of $350.00, knowing the marine life was taken, possessed, transported, sold, and intended to be sold in violation of the laws and regulations of the State of Florida, contrary to the federal Lacey Act, Title 16, United States Code, Sections 3372(a)(2)(A), (a)(4), 3373(d)(1)(B), and Title 18, United States Code, Section 2.

The defendants entered their guilty pleas to the single charge before U.S. District Judge Jose E. Martinez, who after accepting the guilty pleas imposed sentence on both defendants. Tieder was sentenced to a term of probation of two years, a criminal fine of $1,000, and ordered to make a payment of $4,000 as a special condition of his probation to the National Fish & Wildlife Foundation (NFWF), a Congressionally-chartered organization authorized by law to receive payments arising as a result of a criminal conviction. NFWF will distribute the funds to the Mote Marine Laboratory, Summerland Key Branch, to promote research, management, education, conservation, and restoration of marine life and corals throughout the waters of the Florida Keys National Marine Sanctuary and the Florida Keys. TFT was placed on probation for a period of three years and ordered to pay a criminal fine of $1,000, with an additional payment to the NFWF of $1,500.

According to the indictment, joint factual statements submitted to the Court, and statements in court, Tieder was President of TFT, a corporation with its principal place of business in Dania, Florida. Tieder, through TFT, was engaged in the day to day business of purchasing, importing, distributing, and selling in interstate and foreign commerce various species of marine life, including live corals, live fish, and live rock.

In October 2012, the defendants purchased four juvenile nurse sharks (Ginglymosthoma cirratum) from a supplier located in Monroe County, Florida. The supplier did not hold the required license or permit from the State of Florida which would permit the supplier to harvest or sell sharks. In early November 2012, an employee of TFT confirmed the availability and willingness of TFT to sell eight juvenile nurse sharks to a customer outside the State of Florida. Thereafter, on November 6, 2012, a supplier in Monroe County transported four nurse sharks from Marathon Key to TFT at Dania. Unknown to the supplier or TFT, the four sharks had been outfitted with Passive Integrated Tags (PIT), each responding to an electronic reader with a unique 15 digit serial number.

On November 7, 2012, TFT delivered eight nurse sharks to Fort Lauderdale International Airport, for shipment in interstate commerce to a customer of TFT. Four of the sharks were scanned and found to be carrying the PIT Tags previously placed by Special Agents of the U.S. Fish & Wildlife Service. TFT subsequently received payment for the eight sharks in the amount of $440.00.

Mr. Ferrer commended the investigative efforts of the U.S. Fish & Wildlife Service, Office of Law Enforcement and NOAA Fisheries Office of Law Enforcement. This case was prosecuted by Assistant U.S. Attorney Thomas Watts-FitzGerald.

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.

The government has intervened in eight False Claims Act lawsuits against Health Management Associates Inc. (HMA) alleging that HMA billed federal health care programs for medically unnecessary inpatient admissions from the emergency departments at HMA hospitals and paid remuneration to physicians in exchange for patient referrals, the Justice Department announced today. The government also has joined in the allegations in one of these lawsuits that Gary Newsome, HMA’s former CEO, directed HMA’s corporate practice of pressuring emergency department physicians and hospital administrators to raise inpatient admission rates, regardless of medical necessity. HMA operates 71 hospitals in 15 states: Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington and West Virginia.

“Unlawful financial relationships between hospitals and physicians solely to increase referrals are, unfortunately, a common practice that corrupts the health care system,” said U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer. “The system also suffers a direct financial hit when hospitals fraudulently increase admissions where they are not indicated, solely to benefit hospitals’ bottom line. We will not relent in our efforts to combat these kinds of fraudulent schemes and recover funds for the Medicare program.”

“The Department of Justice is committed to ensuring that health care providers who attempt to misuse federal health care programs for their own profit are held accountable,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “Schemes such as this one can contribute significantly to the rising cost of delivering health care and create needless patient risk.”

The lawsuits allege that HMA’s corporate officers, at the direction of Newsome, exerted significant pressure on doctors in the emergency department to admit patients who could have been placed in observation, treated as outpatients or discharged, and that this resulted in the submission of inflated or false claims to federal health care programs. One lawsuit also alleges that patients were improperly admitted for scheduled surgical procedures that should have been done on an outpatient basis. The complaints further allege that HMA paid kickbacks, either in the form of bonuses or awarded contracts, to physician groups staffing HMA emergency rooms to induce the physicians to admit patients unnecessarily.

In addition, the lawsuits allege that HMA paid kickbacks to other physician groups to induce referrals. For example, HMA allegedly provided improper remuneration, both through the provision of free office space and staffing and through direct payments, to Primary Care Associates, a physician practice group in Port Charlotte, Fla., in exchange for referrals to two HMA hospitals in Florida. HMA also allegedly paid kickbacks to physicians in Lancaster, Pa., by paying inflated prices for physician-owned assets, providing sham medical directorship contracts and selling assets to physicians for below fair market value.

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded programs. The Stark Statute prohibits a hospital from submitting claims for patient referrals made by a physician with whom the hospital has an improper financial arrangement. Both the Anti-Kickback Statute and Stark Statute are intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based on the best interests of the patient.

“This intervention decision marks the culmination of a lengthy and comprehensive investigation into a variety of serious fraud allegations against one of our district’s largest health care providers,” said Acting U.S. Attorney for the Middle District of Florida A. Lee Bentley III. “We hope that this case will serve as a reminder to our provider community that this office is fully engaged in the struggle against misconduct of this kind.”

“Improper hospital admissions cost the government millions of dollars in unnecessary fees and subject patients to excessive treatment and needless risk, driving up the cost of health care,” said U.S. Attorney for the Western District of North Carolina Anne M. Tompkins. “The government will pursue aggressively providers that boost their profits at the expense of Medicare and other government programs.”

“HMA’s submission of claims to Medicare, Medicaid and TRICARE for unnecessary inpatient stays is a serious matter that threatens the integrity of our entire health care system, and the end result is that those who need health care cannot afford it,” said U.S. Attorney for the Middle District of Georgia Michael J. Moore. “The Middle District of Georgia is committed to fighting health care fraud.”

“Investigations such as these are a very high priority for the FBI because of the potential impact to the nation’s health care system and to the public,” said FBI Assistant Director Ron Hosko. “Because of the priority nature of these cases as well as their complexity, we have created a centralized team to provide nationwide support to our field offices called the Major Provider Response Team. The FBI is committed to working with our partners in these types of investigations and appreciates the public’s involvement in the process.”

The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to receive a share of any recovery. The False Claims Act also permits the government to intervene in such lawsuits, as it has done in these cases. The eight lawsuits are pending in the Southern and Middle Districts of Florida, Middle District of Georgia, Northern District of Illinois, Western District of North Carolina, Eastern District of Pennsylvania and District of South Carolina.

The government’s intervention in these matters illustrates its 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 Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. 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 $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.

These matters were investigated by the Commercial Litigation Branch of the Justice Department’s Civil Division; the U.S. Attorney’s Offices for the Southern and Middle Districts of Florida, Middle District of Georgia, Northern District of Illinois, Western District of North Carolina, Middle and Eastern Districts of Pennsylvania and District of South Carolina; the Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.

The cases are captioned United States ex rel. Paul Meyer v. Health Mgmt. Assocs. Inc., et al.,11-62445 cv-Williams (S.D. Fla.); United States ex rel. Brummer v. Health Mgmt. Assocs. Inc., et al.,3-09-cv-135 (CDL)(M.D. Ga.); United States ex rel. Williams v. Health Mgmt. Assocs. Inc. et al., 3:12-cv-151 (M.D. Ga.); United States ex rel. Plantz v. Health Mgmt. Assocs. Inc., et al., 13C-1212 (N.D. Ill.); United States ex rel. Miller v. Health Mgmt. Assocs. Inc., et al., 10-3007 (E.D. Pa.); United States ex rel. Mason v. Health Mgmt. Assocs. Inc., et al., 3:10-CV-472-GCM (W.D.N.C.); United States ex rel. Nurkin v. Health Mgmt. Assocs. Inc., et al., 2:11-cv-14-FtM-29DNF (M.D. Fla.); United States ex rel. Jacqueline Meyer & Cowling v. Health Mgmt. Assocs. Inc., et al.; 0:11-cv-01713-JFA (D.S.C.).

The claims asserted against HMA and Newsome 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.

Wifredo A. Ferrer, United States Attorney for the Southern District, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Fred W. Gibson, Jr., Acting Inspector General, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG), announce the unsealing of a 15-count indictment charging seven defendants in a mortgage fraud scheme which resulted in the approval of approximately $49.6 million in fraudulent loans, and millions in losses to the lenders, including Bank of America, Regions Bank, SunTrust Bank, and Wachovia Bank. The properties referred to in the indictment consist of multiple vacant lots in a community development in North Carolina.

The indictment charges the following individuals as co-conspirators: Domenico “Dom” Rabuffo, 77, of Miami; Mae Rabuffo, 74, of Fort Lauderdale; Diane M. Hayduk, 64, of Miami; Raymond E. Olivier, 52, of Land O’ Lakes; Curtis Allen Davis, 51, of Tampa; Victor Miguel Vidal, 48, of Miami; and, Lazaro Jesus Perez, 43, of Miami Lakes.

According to the indictment, the defendants conspired to perpetrate a complex $49.6 million mortgage fraud scheme against various FDIC-insured lenders from 2003 to 2008. Defendants Domenico Rabuffo and 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. According to the indictment, Domenico Rabuffo, Mae Rabuffo, Diane M. Hayduk, Raymond E. Olivier, and Curtis Allen Davis recruited numerous straw buyers to purchase lots in the Hampton Springs development. The straw buyers financed the purchase of the building lots in Hampton Springs using mortgage loans and further obtained construction loans for the same properties. Defendants caused the straw buyers to submit false and fraudulent loan applications and related documents to the lenders to ensure that the straw buyers qualified for the loans. Defendant Victor Miguel Vidal served as a loan officer at SunTrust Mortgage, where he shepherded the fraudulent loan applications of the straw buyers through the approval process, including fraudulent applications for $33 million in construction loans. Defendant Lazaro Jesus Perez furnished fictitious and fraudulent accountant’s letters to Vidal, in support of various fraudulent mortgage loan applications submitted to SunTrust Mortgage.

Ultimately, based on the indictment, the lenders were induced to advance approximately $49.6 million in loan proceeds in connection with this scheme. The proceeds of the defendants’ mortgage fraud scheme were funneled through shell-corporation accounts controlled by Domenico Rabuffo and Mae Rabuffo, and other accounts, for the use and benefit of the defendants and their co-conspirators, and to further the defendants’ fraudulent scheme.

The indictment includes charges of conspiracy to commit bank fraud and wire fraud affecting a financial institution, and substantive bank fraud offenses. The offenses charged in the indictment each carry a statutory maximum sentence of 30 years in prison, a $1 million fine, and mandatory restitution.

Mr. Ferrer commends the investigative efforts of the FBI and FDIC-OIG. The case is being prosecuted by Assistant U.S. Attorney Dwayne E. Williams.

An indictment is only an accusation and the defendants are 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Katherine Fernandez Rundle, Miami-Dade County State Attorney, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), announce today the filing of a criminal complaint charging Francisco Fernando Cruz, 22, a citizen of Brazil, with sending threatening emails claiming that a TAM Airline flight from Miami to Brasilia “will go down”.

According to the criminal complaint, on January 8, 2014, an e-mail was sent to MDPD as well as TAM Airlines. The content of the e-mail made a specific threat against a TAM Airlines Flight which was to depart on January 10, 2014, from Miami to Brasilia. The threat stated the following: “Flight must not take off. Targeted. It will go down. Retaliation. Cargo is dangerous. Be advised.”

U.S. Attorney Wifredo A. Ferrer stated, “Law enforcement remains ever vigilant for threats to domestic and international air travel. We will leave no stone unturned when a threat to the safety of air passengers is made and to ensure that justice is served.”

Miami-Dade State Attorney Katherine Fernandez Rundle stated, “The protection of our flying public depends on the skills and expertise of our federal, state, and local law enforcement team. This case shows that South Florida’s law enforcement professionals, working together like clockwork, will not let fear hamper our ability to travel and live our lives productively.”

“The FBI and its partners take threats of this nature very seriously,” said Michael B. Steinbach, Special Agent in Charge of FBI Miami. “Through the hard work of Miami Dade PD, Customs and Border Protection and the FBI’s Newark office, the flight was not disrupted.”

“Once again, the successful collaboration between federal, state, and local authorities yields an important indictment. The public safety of those traveling is paramount, and any threats made to disrupt it will be investigated without impunity,” said J.D. Patterson, Director, Miami-Dade Police.

MDPD was able to trace the origin of the e-mail and determined the e-mail originated from a computer at Montclair State University in Montclair, NJ. The university was able to capture video of the person that utilized the kiosk that sent the e-mail.

The following day, the email was resent, again with the threat. Law enforcement were able to identity Cruz as the sender of the two emails. Cruz traveled from New York to Miami and was scheduled to travel to Brasilia on the flight against which he made the threat.

If convicted, the defendant faces a statutory maximum of five years in prison and a $250,000 fine. The case is set for pretrial detention hearing on January 14, 2014 and for arraignment on January 24, 2014. Both hearings are scheduled for 10:00 a.m. before the duty magistrate.

Mr. Ferrer commended the investigative efforts of the FBI and MDPD. The case is being prosecuted by Assistant U.S. Attorneys Karen Gilbert and Jaime Galvin.

A complaint is only an accusation and the defendants are presumed innocent until proven guilty.

Attachment:

Complaint (PDF)

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 individuals charged with running a telemarketing operation that defrauded Spanish-speaking consumers were sentenced yesterday in Miami federal district court, the Department of Justice and U.S. Postal Inspection Service (USPIS) announced. Daniel Carrasco, 54, was sentenced to serve 121 months in federal prison, and Federico Martin Gioja, 45, was sentenced to serve 108 months in federal prison, for their operation of telemarketing companies in Argentina whose representatives consistently lied to consumers about products they would receive and threatened consumers with consequences of failure to pay for their shipments. In addition to their sentences of imprisonment, Carrasco and Gioja were ordered to forfeit a variety of assets, including approximately 20 pieces of real property, an automobile, motorcycles, a boat, a jet ski and firearms.

“Fraud is unacceptable,” said U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer. “Fraud by threat and intimidation is particularly troublesome because it targets the perceived, but oftentimes real, vulnerabilities of those preyed upon. In this case, the defendants targeted Spanish-speaking consumers and falsely threatened them with arrest, deportation or fines when the consumers refused delivery for products they had not ordered. Such tactics are intolerable. My office is committed and stands united with the department’s Civil Division, Consumer Protection Branch to stem such fraud.”

“The Department of Justice is committed to protecting all consumers from fraud, regardless of the language they speak,” said Assistant Attorney General for the Civil Division Stuart F. Delery. “We will be particularly vigilant towards schemes that target specific populations, and we will track down fraudulent actors whether they commit their offenses from the United States or abroad, and whether they commit them in English or another language.”

Carrasco’s and Gioja’s telemarketers promoted products such as vitamins, lotions and English-language training products. They also promised buyers would receive valuable gifts such as expensive watches and perfumes, gift cards and medical assistance and insurance. However, the companies frequently did not deliver products ordered by consumers. Since the companies did not have many of the products they promised to send to consumers, they sent other products instead. Then, after consumers refused delivery of the companies’ shipments, the Argentinian phone room telemarketers called and falsely threatened consumers with arrest, deportation or fines on their gas and electric bills.

As part of their guilty pleas, Carrasco and Gioja admitted they routinely changed the names of the companies under which they did business to evade consumer complaints, regulators and law enforcement. A variety of state agencies contacted the businesses regarding their illicit practices. Those working with Carrasco and Gioja referred to these companies tainted by complaints as “burnt.” Rather than changing the “burnt” companies’ practices, Carrasco and Gioja incorporated new companies and started the same illegal practices again.

Also in pleading guilty, Carrasco and Gioja admitted their telemarketers falsely represented to consumers that they were affiliated with Spanish-language television networks. This fraud first came to light when the Spanish language network Univision informed the USPIS they believed a company was involved in a fraud scheme in which it misrepresented its affiliation with the network. Subsequently, USPIS investigated the case, submitted the affidavit in support of the criminal complaint and arrested the defendants.

“Sadly, these types of crimes create a distrust in people and leave victims feeling ashamed for falling for a scam,” said Inspector In Charge Ronald Verrochio for the U.S. Postal Inspection Service, Miami Division. “The U.S. Postal Inspection Service remains committed to pursuing crimes that are furthered via the U.S. mail and building trust with consumers. Postal Inspectors will investigate and bring the criminals to justice.”

Carrasco and Gioja were originally charged by criminal complaint and arrested on June 26, 2013. Both defendants were later indicted on July 25, 2013, and pleaded guilty on September 24, 2013. Carrasco and Gioja, and a third individual, Romino Tasso, also were named in a civil suit filed by the Justice Department. In the civil case, the Justice Department requested and obtained from the court a preliminary injunction barring further lies to consumers and freezing the assets of Carrasco, Gioja, Tasso and companies under their control.

Assistant Attorney General Delery commended the Postal Inspection Service for their investigative efforts and thanked the U.S. Attorney’s Office for the Southern District of Florida for their contributions to the civil case. The criminal case was prosecuted by Assistant Director Richard Goldberg with the Department of Justice’s Civil Division, Consumer Protection Branch and Assistant U.S. Attorney Timothy Abraham of the Southern District of Florida.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Tom Weschler, Chief, City of Naples Police Department, announce that Marie Jean Baptiste, 22, of North Miami, was convicted by a federal jury of three counts of stealing tax refunds, in violation of Title 18, United States Code, Sections 641 and 2. The trial was held before U.S. District Court Judge Robin S. Rosenbaum. Sentencing is scheduled for March 21, 2014 at 9:30 a.m. Baptiste faces a maximum sentence of ten years in prison for each count.

According to the indictment and evidence presented at trial, Baptiste received four tax refunds that she knew were stolen, and converted them for her own use and gain. Baptiste participated in a scheme in which fraudulent tax returns were filed directing the tax refunds to be directly deposited into her bank account. After the tax refunds were deposited into her bank account, Baptiste would withdraw the tax proceeds from the bank and various ATMs for her own use and gain.

Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI and the City of Naples Police Department. This case was prosecuted by Assistant U.S. Attorney Gera R. Peoples.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, announced today that the Southern District of Florida collected $70,006,305.57 in criminal and civil actions in Fiscal Year (FY) 2013. Of this amount, $33,136,076.16 was collected in criminal actions and $36,870,229.41 was collected in civil actions. The office also collected $24,327,589 in criminal and civil forfeitures. Total, during FY 2013, our office collected $94,333,894.57 related to criminal and civil actions and forfeitures – more than double the appropriated budget of our office.

Additionally, the Southern District of Florida worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $272,476,057.95 in cases pursued jointly with these offices. Of this amount, $5,523.71 was collected in criminal actions and $272,470,534.24 was collected in civil actions.

U.S. Attorney Wifredo A. Ferrer stated, “I am proud of the men and women of our office who work hard to secure restitution for crime victims and recover monies for the U.S. taxpayers. They work hard not only to protect the people of this great country of ours, but to ensure that criminals do not profit from their crime. Today’s numbers reflect that the U.S. Attorney's Office collects substantially more money than it spends and provides the taxpayers with an excellent return on their investment.”

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

Additionally, the U.S. Attorney’s office in Southern District of Florida, working with partner agencies and divisions, collected $24,327,589 in asset forfeiture actions in FY 2013. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Daniel C. Alexander, Chief, Boca Raton Police Department, announce that defendant Brandon James, of Miami, pled guilty today for his participation in a stolen identity tax refund scheme. Sentencing is scheduled for March 26, 2014 at 9:00 a.m. before Senior U.S. District Judge Daniel T.K. Hurley.

Specifically, James pled guilty to one count of conspiracy to steal monies of the United States, in violation of Title 18, United States Code, Section 641, the conspiracy being a violation of Title 18, United States Code, Section 371; one count of theft of government funds, 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. At sentencing, the defendant faces a maximum of five years in prison for the conspiracy charge, a maximum of ten years in prison for the theft of government funds charge, and a mandatory term of two years in prison, consecutive to any other term in prison, for the aggravated identity theft charge.

According to court documents, James and co-defendant Laron Lanece Larkin were involved in a scheme to unjustly enrich themselves by obtaining income tax refunds to which they were not entitled. The defendants and their co-conspirators submitted false income tax returns in the names of individuals without their knowledge or consent. To receive the fraudulent refunds, James and a co-conspirator purchased debit cards at a convenience store with stolen identity information, such as names, dates of birth and Social Security account numbers belonging to real persons. Based upon the false income tax returns submitted, the lRS sent the income tax refunds electronically to the pre-purchased debit cards. The defendant admitted that he cashed-out the monies electronically transferred to the debit cards by making point of sale purchases and cash withdrawals from automatic teller machines at various locations within Broward and Palm Beach counties. The actual loss sustained by the U.S. Treasury in connection with this scheme is in excess of $43,000.

Laron Lanece Larkin, of Miami, was sentenced on October 7, 2013 to 36 months and one day in prison, to be followed by three years of supervised release. Larkin pled guilty to one count of conspiracy to steal monies of the United States, in violation of Title 18, United States Code, Section 641, the conspiracy being a violation of Title 18, United States Code, Section 371; 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, FBI, and the Boca Raton Police Department. The 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Scott J. Israel, Sheriff, Broward County Sheriff’s Office (BSO), and Ric L. Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), announce that Rafael Oscar Valdes and Tammy Lynn Valdes, of Miami, Florida, were sentenced today in connection with the unlawful sale of hundreds of firearms without a federal firearms license. Rafael Oscar Valdes was sentenced to 60 months in prison, to be followed by three years of supervised release. Tammy Lynn Valdes was sentenced to 42 months in prison, to be followed by three years of supervised release. Both defendants were ordered to pay restitution in the amount of $6,613.51.

After a two week trial and over 300 items of admitted evidence, a jury convicted Rafael Valdes with dealing in firearms without a license (18 U.S.C. § 922(a)(1)(A)), making a false statement to a federal firearms dealer (18 U.S.C. § 922(a)(6)), interstate transportation of stolen property (18 U.S.C. § 2314), and filing false tax returns for years 2008 – 2011 (26 U.S.C. § 7206(1)). The jury also convicted Tammy Valdes with dealing in firearms without a license and filing false tax returns for years 2008 – 2011.

According to the court record and evidence presented at trial, Rafael Valdes was employed as a police officer with the City of Hialeah, Florida since 2004. Tammy Valdes was also once employed as a police officer with the City of West Miami, Florida, from 2004 until 2008 and the Town of Golden Beach, Florida, from 2008 through 2009. Neither defendant ever possessed a federal firearms license.

The Valdeses were initially indicted on December 13, 2012, for dealing in firearms without a license. Starting as early as July 2005, and continuing through June 2012, the defendants sold hundreds of firearms. In November 2008, the defendants began buying and selling firearms under the fictitious name of Custom Weapons Systems. The defendants advertised and sold over 100 firearms via the Internet to persons across the nation. The defendants also attended over 100 gun shows in the Southern and Middle Districts of Florida, during which they purchased over 400 firearms and sold over 500 firearms. At times, their purchase and subsequent sale of firearms took place on the same day. Additionally, the defendants sold nine firearms to undercover agents, solicited the purchase of firearms from undercover agents, and offered to acquire firearms for undercover agents on a repetitive basis.

As part of the initial indictment, Rafael Valdes was charged with making a false statement to a licensed firearms dealer in December 2008 when he purchased three AR-15 serialized lower receivers. Evidence admitted during trial proved that Rafael Valdes purchased those receivers for the sole purpose of building and selling completed rifles to three other officers after taking deposits. Rafael Valdes then falsely stated on an ATF Form 4473 that all three receivers were his, when in fact he was acquiring those receivers for other persons.

On July 31, 2013, a superseding indictment added tax charges against both defendants for filing false tax returns from 2008 – 2011, in that they failed to report their total income which included money derived from firearm sales. During trial, evidence was presented that the Valdeses failed to report over $350,000.00 in gross receipts during 2008 - 2011.

The superseding indictment also charged Rafael Valdes with transporting stolen firearm parts from the Hialeah Police Department where he was employed in the training section. During trial, the evidence showed that Rafael Valdes took apart firearms that were in evidence at the Hialeah Police Department and deemed to be destroyed. Rafael Valdes then advertised those parts for sale on the internet and later transported those parts to buyers located across the United States, including; New York, California, Utah, and Missouri. Rafael Valdes then deposited the proceeds into his personal bank account. In addition to selling parts of firearms that were once in evidence, Rafael Valdes also sold machine gun parts taken from six different Heckler and Koch, MP-5 machine guns which had been utilized by the Hialeah Police Department SWAT team.

Mr. Ferrer commended the investigative and cooperative efforts of ATF, IRS-CI, BSO, PBSO, Miami-Dade Police Department, Miami Beach Police Department, City of Miami Police Department, Virginia Gardens Police Department, Hialeah Police Department, FDLE, FBI and HSI. The case was prosecuted by Assistant U.S. Attorneys Adam McMichael and John McMillan.

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.

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 Jermaine Lamar Roberts, 34, Amdado Cardenas, 47, and William Jon Ray, 45, all of Key West, Florida, were sentenced today. Roberts was sentenced to 110 months in prison, Cardenas was sentenced to 170 months in prison, and Ray was sentenced to 180 months in prison, all to be followed by five years of supervised release.

Roberts, Cardenas, and co-defendant Patrick Lawrence Stickney, 43, of Key West, Florida, previously pled guilty to one count of possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g), and one count of possession of a stolen firearm, in violation of Title 18, United States Code, Section 922(j). Ray previously pled guilty to one count of possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g). Stickney is scheduled to be sentenced on February 19, 2014 at 1:30 p.m. before U.S. District Judge James Lawrence King in Key West, Florida.

According to court documents, the defendants, all previously convicted felons, were involved in the possession and attempted sale of numerous firearms stolen from a recreational vehicle in Stock Island, Florida, including military-style assault rifles.

Mr. Ferrer commended the investigative efforts of ATF, and thanked the Monroe County Sheriff’s Office for its work in this case. The case is being prosecuted by Assistant U.S. Attorney Frank 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, and Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, announce that Dr. Scott Becker, 54, of Pembroke Pines, Florida, was sentenced yesterday to 70 months in prison, to be followed by three years of supervised release. Dr. Becker previously pled guilty to conspiring to distribute and dispense large amounts of oxycodone without a legitimate medical purpose and outside the usual course of professional practice. Dr. Becker also pled guilty to money laundering.

According to court documents, Becker agreed to forfeit $470,400 in money and property representing the illegal narcotics proceeds he earned as a result of his involvement as a physician at All Pain Management in Dania Beach. Between February 16 and September 17, 2010, Becker was employed as a clinic doctor at All Pain Management which, at the time, was owned by co-conspirators Vincent Colangelo and several other unnamed individuals. Colangelo pled guilty to narcotics, money laundering and federal income tax offenses on April 2, 2012, arising from his ownership of six pill mill clinics and a pharmacy in Broward and Miami-Dade Counties. According to a review of medical records, while at All Pain Management, Becker prescribed 932,259 oxycodone, 30 milligram pills during the course of 4,821 patient visits and more than 98% of Becker’s patients received prescriptions for oxycodone. Becker also laundered approximately $24,142 in illegal narcotics proceeds.

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 thanked IRS-CI, DEA, and the Broward Sheriff’s Office, as well as the many other state and local agencies for their investigative work. This case is being prosecuted by Assistant U.S. Attorneys Scott Behnke and Roger Powell and Tax Division Trial Attorney Greg Tortella.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Paula Reid, Special Agent in Charge, U.S. Secret Service, announce that defendant Ronald Walker, 36, of Fort Lauderdale, pled guilty today for his participation in a check cashing and stolen identity scheme. Sentencing is scheduled for March 21, 2014 at 9:00 a.m. before U.S. District Judge James I. Cohn.

Specifically, Walker pled guilty to one count of theft of public money, a United States income tax refund check, 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(a)(1). At sentencing, the defendant faces a maximum term of ten years in prison for the theft of public money charge, and a mandatory term of two years in prison, consecutive to any other term in prison, for the aggravated identity theft charge.

According to court documents, a confidential informant (CI) told federal agents that Walker routinely received stolen or fraudulently obtained U.S. Treasury checks and negotiated them at a check cashing store called American Quick Cash (AQC) located in Broward County, which was owned by Wilson and Kate Lau. The CI also stated that Walker forged the payees’ endorsements on the back of the checks and provided Wilson Lau with the payees’ social security numbers and copies of altered Florida driver’s licenses.

Court documents state that during two undercover operations, Walker was given genuine, unendorsed treasury checks created specifically for this investigation. During another undercover operation, Walker was given three genuine, unendorsed treasury tax refund checks, which resulted from fraudulent tax returns filed by unknown persons in the names and social security numbers of real people. Walker was also provided with driver’s license numbers, social security numbers, and dates of birth for all of the payees on the checks. Walker went to AQC, and then gave the CI and/or undercover agent their portion of the cashed checks. After clearing the banking system, the checks that were created for this investigation included endorsements on the back, but the payees were fictitious and could not have endorsed the checks.

From February 2010 through May 2011, the total amount of U.S. Treasury checks cashed by Walker at AQC is approximately $1,234,114. The number of victims involved is greater than 50, but fewer than 250.

Mr. Ferrer commended the investigative efforts of IRS-CI and the Secret Service. The case is being prosecuted by Assistant U.S. Attorney Alicia E. Shick.

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.

The owner and operator of a Miami medical clinic pleaded guilty today in connection with multiple health care fraud schemes involving the defunct clinic Merfi Corp.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office, and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami Office made the announcement.

Isabel Medina, 49, of Miami, pleaded guilty before U.S. District Judge Ursula Ungaro of the Southern District of Florida to conspiracy to commit health care fraud, which carries a maximum penalty of 10 years in prison. Sentencing has been scheduled for March 14, 2014.

According to court documents, Medina was an owner and operator of Merfi, a Miami medical clinic which employed physicians, physician assistants and other medical professionals who were authorized by law to dispense prescriptions for home health care services. Through Merfi, Medina and her co-conspirators provided fraudulent home health and therapy prescriptions and other medical documentation to the owners and operators of Flores Home Health Care Inc. and other home health care agencies, as well as to patient recruiters, in return for kickbacks and bribes.

Flores Home Health and these other home health care agencies purported to provide home health and therapy services to Medicare beneficiaries, but were in fact operated for the purpose of billing the Medicare program for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or not provided.

Medina has acknowledged that her involvement in fraudulent schemes at multiple home health care companies, including Flores Home Health, resulted in losses to the Medicare Program exceeding $20 million.

The 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 the U.S. Attorney’s Office for the Southern District of Florida. This case is being prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with 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.

Several patient recruiters, including a medical clinic owner, pleaded guilty today in connection with a health care fraud scheme involving Flores Home Health Care Inc., a defunct home health care company.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office, and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami Office made the announcement.

At a hearing held before U.S. District Judge Ursula Ungaro of the Southern District of Florida, Lerida Labrada, 59, of Miami, pleaded guilty to conspiracy to commit health care fraud, which carries a maximum penalty of 10 years in prison, and Mayra Flores, 49, and German Martinez, 36, both of Miami, pleaded guilty to conspiracy to defraud the United States and receive health care kickbacks, which carries a maximum penalty of five years in prison. Sentencing has been scheduled for March 14, 2014.

According to court documents, the defendants worked as patient recruiters for the owners and operators of Flores Home Health, a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries. Labrada also owned and operated a Miami medical clinic that provided fraudulent prescriptions to patient recruiters and to the owners and operators of Flores Home Health.

Flores Home Health was operated for the purpose of billing the Medicare program for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or were not provided.

The defendants would recruit patients for Flores Home Health and would solicit and receive kickbacks and bribes from the owners and operators of Flores Home Health in return for allowing the agency to bill the Medicare program on behalf of the recruited Medicare patients. These Medicare beneficiaries were billed for home health care and therapy services that were not medically necessary and/or not provided.

From approximately October 2009 through approximately June 2012, Flores Home Health was paid approximately $8 million by Medicare for fraudulent claims for home health services.

The 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 the U.S. Attorney’s Office for the Southern District of Florida. This case is being prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Tobin Lamar Lyon, II, a/k/a/ Tobe Kasa, 27, of Charlotte, North Carolina, was sentenced today to 72 months in prison, followed by three years of supervised release. Lyon was also ordered to pay $118,602.52 in restitution.

Lyon and co-defendant Jeffrey Alexander Martin, 27, of Broward County, previously pled guilty to one count of wire fraud conspiracy, in violation of Title 18, United States Code, Section 1349, and one count of aggravated identity theft, in violation of Title l8, United States Code, Section 1028A(a)(1). Martin is scheduled to be sentenced on February 3, 2014 at 9:00 a.m. before U.S. District Judge Robin S. Rosenbaum in Fort Lauderdale, Florida.

According to court documents, Lyon worked as a service representative for Teachers Insurance and Annuity Association - College Retirement Equities Fund (TIAA-CREF), a financial services company specializing in providing retirement services to those in the academic, research, medical and cultural fields. As an employee of TIAA-CREF, Lyon had access to the names, addresses, social security numbers, and dates of birth of TIAA-CREF's clients.

Court documents state that Lyon, in anticipation of a share of the proceeds, provided Martin with personal identifying information (PII) belonging to individual clients of TIAA-CREF for the purpose of filing fraudulent tax returns claiming tax refunds in those clients' names. Lyon sent over 500 different identities to Martin. For the tax years 2011 and 2012, the total amount of fraudulent refunds claimed by Martin as a result of the stolen PII he received from Lyon is approximately $304,611. From those fraudulent returns, Martin received approximately $5,776 in fraudulent refunds. Lyon knowingly possessed and transferred the victims' means of identification without authority and permitted Martin to use the stolen PII to file these fraudulent returns. During the time that Lyon was providing stolen PII of TIAA-CREF clients to Martin, he was also providing stolen PII to others in New York for the purpose of raiding the TIAA-CREF clients' bank accounts.

Mr. Ferrer commended the investigative efforts of IRS-CI, and thanked the Sunrise Police Department for its assistance in this case. The case is being prosecuted by Assistant U.S. Attorney Alicia E. Shick.

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.

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 of Police, Boynton Beach Police Department, (BBPD), announce that Paul David Culbreth, 52, of Loxahatchee, Florida, appeared in federal court today for an initial appearance on the charge of attempting to entice a minor to engage in an illegal sexual activity. If convicted, he faces a 10 year mandatory term of imprisonment and a maximum term of life..

According to the criminal complaint, Culbreth sent numerous sexually explicit messages via a web-based social media application to an undercover officer posing 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; lubricant and condoms were found in his vehicle on arrest. Culbreth is a registered sex offender in Palm Beach County, Florida.

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 locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Mr. Ferrer commended the investigative and cooperative efforts of ICE-HSI and BBPD. The case is being prosecuted by Assistant U.S. Attorney Adam McMichael and Special Assistant U.S. Attorney Gregory Schiller from the Palm Beach County State Attorney’s Office.

A criminal complaint 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula Reid, Special Agent in Charge, United States Secret Service, Miami Field Office, and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service, Miami Division, announce the unsealing of a 20-count indictment returned by a Federal Grand Jury in West Palm Beach charging mail fraud and conspiracy to commit mail fraud and wire fraud, in violation of Title 18, United States Code, Sections 1341 and 1349.

The following defendants were charged in the indictment:

Jason Andrew Vitulano, 38, of West Palm Beach, FL;

Robert Harry Bacon, 34, of West Newbury, MA;

Peter Ian Brown, 26, of Sound Beach, NY;

Christopher Francisco Duharte, 36, of Coconut Creek, FL;

Brian Fleuridor, 29, of Delray Beach, FL;

Arthur Vincent Fogarty, III, 57, of Hollywood, FL;

Neil Lawrence Sack, 40, of Fort Lauderdale, FL;

Gregory B. Small, 28, of Boynton Beach, FL;

Jeffrey Charles Leroy Taylor, 39, of North Lauderdale, FL; and

Ajay Alexander Thuraisingham, 26, of Tamarac, FL.

Each defendant is charged with one count of conspiracy to commit mail and wire fraud and multiple counts of mail fraud. According to the Indictment, 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, defendant 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 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 that 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 more than seven million dollars to the defendants.

Defendant Vitulano faces up to 20 years imprisonment on each of the 20 counts against him. Defendants Taylor and Thuraisingham face up to 20 years in prison for each of the four counts against them. The other seven defendants, who are each charged in three counts, face up to 20 years in prison on each of those counts. All ten defendants further face up to $250,000 in fines and mandatory restitution as to each charge.

Defendant Vitulano is expected to make his initial appearance in West Palm Beach on January 15, 2014. Defendant Brown made his initial appearance in federal court in the Eastern District of New York on December 24, 2013 and was released on bond. Defendant Thuraisingham will make his initial appearance in the Eastern District of New York today.

Defendants Duharte, Fleuridor, Fogerty, Sack and Taylor made their initial appearances today in West Palm Beach. Fleuridor and Fogarty are being held pending bond hearings scheduled for Monday, December 30, 2013. Defendant Taylor’s pre-trial detention hearing is set for Tuesday, December 31, 2013. Defendants Bacon and Small will make their initial appearances in federal court on December 31, 2013 in West Palm Beach. These initial appearances and hearings will take place at 10:00 A.M. in U.S. Magistrate’s Court in West Palm Beach on their respective days. Defendants Duharte and Sack were released on bond today.

Mr. Ferrer commended the investigative efforts of the U.S. Secret Service and the U.S. Postal Inspection Service. This case is being prosecuted by Assistant U.S. Attorneys Lauren Jorgensen and Ellen Cohen.

An indictment is only an accusation and a defendant is presumed innocent until proven guilty.

Attachment:

Indictment (PDF)

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Christopher B. Dennis, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS OIG), Miami Regional Office, announce that U.S. District Judge Federico A. Moreno sentenced Yiral Cardona, 39, of Miami, and Susan Chi, 42, of Miami, to ten years in prison stemming from their leadership role in a conspiracy to pay healthcare kickbacks.

At trial, Cardona and Chi were convicted on October 22, 2013 of one count of conspiracy to pay healthcare kickbacks and to defraud the United States, in violation of Title 18, United States Code, Section 371, and three counts of unlawful payment of healthcare kickbacks, in violation of Title 42, United States Code, Section 1320a-7b(b)(2)(A).

According to the evidence presented at trial and the sentencing hearing, Cardona and Chi owned Vista Home Health Services, Inc. (“Vista”), a Miami-Dade based home health agency that purportedly provided skilled nursing and home health services to Medicare beneficiaries. The defendants illegally obtained Medicare patients by paying bribes and kickbacks of at least $141,000 to patient recruiters to induce the referral of Medicare patients to Vista for home health services. Cardona and Chi billed the Medicare program for home health services that were not medically necessary and/or not provided. Between approximately May 15, 2009 and April 26, 2012, Medicare paid Vista more than $4.1 million in claims. The Court ordered the defendants to pay more than $733,000 in restitution.

Mr. Ferrer commended the investigative efforts of the FBI and HHS-OIG. This case was prosecuted by Assistant U.S. Attorneys Kevin J. Larsen and Eric Morales.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), announce that defendant Jean-Elguentino Cayo, 26, of Miami Gardens, pled guilty today for his participation in a stolen identity scheme. Sentencing is scheduled for March 5, 2014 at 2:00 p.m. before U.S. District Judge Jose E. Martinez.

Cayo pled guilty to one count of access device fraud, in violation of Title 18, United States Code, Section 1029(a)(2). At sentencing, the defendant faces a maximum term of ten years in prison.

According to court documents, beginning in December 2012 through June 2013, the defendant sold approximately 400 names, dates of birth, and social security numbers belonging to other persons to a confidential informant and undercover law enforcement officer in exchange for money. The defendant had no authorization to traffic in the names, dates of births, and social security numbers belonging to other persons and acted with the intent to defraud.

Mr. Ferrer commended the investigative efforts of IRS-CI and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorney Frank 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Otha Easley, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, Southeast Division, and Major Camille Soverel, Regional Commander, South A Region, Florida Fish & Wildlife Conservation Commission (FWC), announce that Robert Jaques, 43, of Deerfield Beach, plead guilty to an information today charging him with the attempted sale of an endangered species, specifically a Largetooth Sawfish (Pristis perotteti) rostrums, in violation of the Endangered Species Act (ESA) of 1973, Title 16, United States Code, Sections 1538(a)(1)(F) and 1540(b)(1).

According to Court records, on June 27, 2013, in Palm Beach County, Jaques offered to sell two Largetooth Sawfish rostrums to an NOAA undercover agent. The list of endangered species at Title 50, Code of Federal Regulation, Section 224.101 identifies the Largetooth Sawfish as an endangered species subject to the ESA. An endangered species is any species which is in danger of extinction throughout all or a significant portion of its range. Jaques was sentenced immediately following his guilty plea to 10 days imprisonment.

Mr. Ferrer commended the investigative efforts of the NOAA Office of Law Enforcement and the FWC. The case is being prosecuted by Assistant U.S. Attorneys Norman O. Hemming, III and Antonia Barnes.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at 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.

An unlicensed nurse who fled after being charged in 2008 and was captured this year was sentenced today to serve 108 months in prison for her role in a fraud scheme that resulted in more than $11 million in fraudulent claims to Medicare.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Carmen Gonzalez, 39, of Cape Coral, Fla., worked at St. Jude Rehabilitation Center, a fraudulent HIV infusion clinic in Miami that was controlled by her cousins, Jose, Carlos and Luis Benitez, aka the Benitez Brothers. Gonzalez was also sentenced for failing to appear at a June 2008 bond hearing. The sentencing follows her conviction at trial to one count of conspiracy to defraud the United States to cause the submission of false claims and to pay health care kickbacks and one count of conspiracy to commit health care fraud. Gonzalez had previously pleaded guilty to a separate charge of failure to appear.

Gonzalez was sentenced by Chief United States District Judge Federico A. Moreno in Miami, who also sentenced her to serve three years of supervised release.

Evidence at trial revealed that Gonzalez was an unlicensed nurse who paid thousands of dollars over a five month period to HIV beneficiaries so that St. Jude could submit millions of dollars in false and fraudulent claims to Medicare. Gonzalez knew that St. Jude billed millions of dollars to Medicare for expensive HIV infusion therapy that was neither medically necessary nor provided. Gonzalez fabricated patient medical records to facilitate and conceal the fraud, and these fabricated records were utilized to support the false and fraudulent claims submitted to Medicare on behalf of St. Jude.

On Oct. 17, 2013, Gonzalez pleaded guilty to knowingly and willfully failing to appear at a June 2008 hearing as directed by Judge Moreno. Court documents reveal that Gonzalez was released on bond pending trial, but she knowingly and willfully failed to appear as directed by the court to a June 2008 hearing.

In January 2013, Gonzalez’s father, Enrique Gonzalez, was sentenced to 70 months in prison by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida for his role in separate health care fraud conspiracy.

The Benitez Brothers remain fugitives. Anyone with information regarding their whereabouts is urged to contact HHS-OIG at 202-619-0088.

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 was prosecuted by Trial Attorneys Allan Medina and Nathan Dimock 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 more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with 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.

A patient recruiter and a therapy staffing company owner were sentenced today to serve 50 months and 46 months in prison, respectively, for their participation in a $7 million health care fraud scheme involving defunct home health care company Anna Nursing Services Corp.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Ivan Alejo, 48, and Hugo Morales, 37, both of Miami, were sentenced by U.S. District Judge Jose E. Martinez in the Southern District of Florida. In addition to their prison terms, Alejo and Morales were both sentenced to serve three years of supervised release. Alejo and Morales were also ordered to pay jointly and severally with their co-defendants $6,928,931 and $1,958,279, respectively, in restitution.

In August 2013, Alejo and Morales pleaded guilty before Judge Martinez to conspiracy to commit health care fraud.

Alejo worked as a patient recruiter at Anna Nursing, a Miami home health care agency that purported to provide home health and therapy services to Medicare beneficiaries. Morales owned a therapy staffing company, Professionals Therapy Staffing Services Inc., which provided therapists to Anna Nursing.

According to court documents, co-conspirators of Alejo and Morales operated Anna Nursing for the purpose of billing the Medicare Program for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or not provided.

Alejo’s primary role in the scheme at Anna Nursing involved negotiating and paying kickbacks and bribes, interacting with patient recruiters and assisting in the submission of fraudulent claims to the Medicare program. Alejo and his co-conspirators would pay kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Anna Nursing for home health and therapy services that were medically unnecessary and/or not provided. Alejo and his co-conspirators would pay kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications and other documentation. Alejo and his co-conspirators would use the prescriptions, medical certifications and other documentation to fraudulently bill the Medicare program for home health care services, which Alejo knew was in violation of federal criminal laws.

Morales’s primary role in the scheme at Anna Nursing involved operating Professionals Therapy, where he and others created fictitious progress notes and other patient files indicating that therapists from Professionals Therapy had provided physical or occupational therapy services to particular Medicare beneficiaries, when in many instances those services had not been provided and/or were not medically necessary. Morales knew the documents he and others from Professionals Therapy falsified were used to support false claims for home health care services billed to Medicare by his co-conspirators at Anna Nursing, which Morales knew was in violation of federal criminal laws.

From approximately October 2010 through approximately April 2013, Anna Nursing was paid by Medicare approximately $7 million for fraudulent claims for home health care services that were not medically necessary and/or not provided.

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 was prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with 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.

The owner of a Miami home health care company was sentenced to serve 235 months in prison yesterday for her participation in a $7 million health care fraud scheme involving defunct home health care company Anna Nursing Services Corp.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Dora Moreira, 46, was sentenced by U.S. District Judge Jose E. Martinez in the Southern District of Florida. In addition to her prison term, Moreira was sentenced to serve three years of supervised release and ordered to pay $6,928,931 in restitution.

In October 2013, Moreira was convicted by a jury of one count of conspiracy to commit health care fraud, one count of conspiracy to defraud the United States and receive and pay health care kickbacks, one count of payment of kickbacks in connection with a federal health care program, one count of conspiracy to commit money laundering and five counts of money laundering.

Moreira was the owner and operator of Anna Nursing, a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries.

According to evidence presented at trial, Moreira operated Anna Nursing for the purpose of billing the Medicare Program for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or not provided.

Moreira paid kickbacks and bribes to patients, negotiated and interacted with patient recruiters, and coordinated and oversaw the submission of fraudulent claims to the Medicare program. Moreira also laundered money received from Medicare in order to conceal her financial transactions and generate cash needed to pay kickbacks to patients, patient recruiters, and others in return for assisting her in the fraudulent scheme at Anna Nursing.

From approximately July 2010 through approximately May 2013, Anna Nursing was paid approximately $7 million by Medicare for fraudulent claims for home health services that were not medically necessary and/or not provided.

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. The case was prosecuted by Assistant Chief Benton Curtis and Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with 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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, David Nieland, Special Agent in Charge, Department of Homeland Security (DHS), Office of Inspector General (OIG), Miami Field Office, and David D’Amato, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, announce the indictment of Juan Felipe Martinez, a Special Agent with DHS, 47, of Coral Gables. The indictment charges Martinez with eight counts of extortion, two counts of bribery, and two counts of making false statements.

One of the extortion counts charges that Martinez and others conspired to extort money and unlawfully enrich themselves by using Martinez’s official position to obtain large payments from a Colombian company and certain individuals associated with it. Martinez and others conspired to falsely state that the company and certain individuals associated with it were going to be put on the Specially Designated Nationals (SDN) list by Office of Foreign Asset Control and then offering to keep them off the SDN list if they made large payments to co-conspirators. Two of the bribery counts allege that Martinez accepted thousands of dollars in exchange for United States significant public benefit paroles.

U.S. Attorney Wifredo A. Ferrer stated, “Today’s arrest is a reminder that no one is above the law. You can’t sell your badge and abuse your power and expect to get away with it. And while Martinez’s alleged conduct tarnishes his badge, it does not tarnish those of the honorable men and women who serve and protect our community faithfully every day.”

David Nieland, Special Agent in Charge for DHS-OIG added, “Whenever a law enforcement officer engages in illegal activity, it erodes the public trust. Such actions by a few undermine the hard work of the many who serve to protect America each day. Corruption remains a top priority of the DHS OIG and we remain committed to holding those who violate the public’s trust accountable for their illegal actions.”

Martinez had his initial appearance today before U.S. Magistrate Judge William C. Turnoff. The Court set bond at $250,000, with a Nebbia condition. Report regarding counsel and arraignment was set for January 21, 2014 before the duty Magistrate Judge.

If convicted, the defendant faces a statutory maximum of twenty years in prison on each extortion count, fifteen years in prison on each bribery count, and five years in prison on each false statements count and a $250,000 fine.

An indictment is only an accusation and each defendant is presumed innocent unless and until proven guilty.

Attachment:

Indictment (PDF)

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Mazincia Ductant, 37, of Sunrise, was sentenced today to 36 months in prison, followed by one year of supervised release. Ductant previously pled guilty to one count of tax fraud, in violation of Title 26, United States Code, Section 7206(2). Ductant was also ordered to pay $1,317,508 in restitution.

According to court documents, Ductant was the owner of Ninote Tax Services (“Ninote”), a tax preparation business in Margate, Florida. During the years 2007-2009, Ductant used Ninote to file hundreds of tax returns on behalf of her clientele. Ductant falsified a high percentage of the returns she prepared by inflating or completely fabricating Schedule A deductions, Schedule C losses, First Time Home Buyers' credits, and Household Help wages.

Court documents state that Ductant was responsible for preparing fraudulent tax returns for approximately 125 people, which resulted in a total tax loss to the government of approximately $1,317,508.

Mr. Ferrer commended the investigative efforts of IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace. Jr.

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.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Assistant Attorney General Kathryn Keneally of the Justice Department’s Tax Division, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Harvey Zitron, 62, of Boca Raton, was sentenced to 81 months in prison, to be followed by three years of supervised release.

Zitron was previously convicted by a federal jury on all ten counts charged in the indictment. According to the indictment, Zitron was charged with filing fraudulent IRS United States Individual Income Tax Returns, Forms 1040, for 2004 and 2005 (Counts 1 and 2), and Amended Individual Income Tax Returns, Forms 1040X for 2003, 2004 and 2005 (Counts 3-5), all in violation of Title 26, United States Code, Section 7206(1). In addition, he was charged with three counts of access device fraud, in violation of Title 18, United States Code, Section 1029(a)(2) (Counts 6, 8 and 10), and two counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1) (Counts 7 and 9).

According to the evidence presented at trial, Zitron used companies to write checks to friends or acquaintances who cashed the checks and returned the cash to Zitron. Zitron then failed to declare this income on his tax returns. He also opened credit card accounts in the names of his son and ex-wife, and charged more than $1,000 in a single year on those accounts without their authorization or knowledge.

Mr. Ferrer commended the investigative efforts of the IRS-CI and the FBI. This case was prosecuted by Assistant U.S. Attorney Harry Wallace and Department of Justice Tax Division Attorney Kevin C. Lombardi.

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.