Federal Crime

Published on: May 8, 2014

Seminole County Federal Criminal Defense Lawyer :: Altamonte Jewelry Store Involved in Nationwide Sweep on Synthetic Drugs

by Whittel & Melton, LLC

The owner of an Altamonte Mall jewelry store has been arrested on federal charges after his business was raided Wednesday as part of a nationwide sweep on synthetic drugs.

According to a U.S. Drug Enforcement Administration official, the jewelry store owner allegedly oversaw a large synthetic drug operation in Central Florida.

A federal grand jury indicted the man Wednesday, the same day DEA agents raided his Windermere-area home, Altamonte Springs jewelry store and a warehouse on John Young Parkway where he is accused of storing drug paraphernalia.

Agents claim that the man was not selling drugs out of the jewelry store, but allegedly laundered the proceeds through the business.

The owner and his two alleged associated were each indicted on two federal drug charges.

If convicted, prosecutors would seek to forfeit more than $13 million from the suspects, as well as the jewelry store owner’s nearly 8,200-square-foot home on McKinnon Road.

This drug sweep is part of “Project Synergy,” a multi-agency operation targeting all levels of the global synthetic drug market.

In an announcement on Wednesday, the DEA said that the latest phase of “Project Synergy” ended with the arrests of more than 150 people nationwide. Around 200 search warrants were executed across 29 states.

Authorities claim they confiscated hundreds of thousands of individually packaged, ready-to-sell synthetic drugs, hundreds of kilograms of raw synthetic products and more than $20 million cash.

Synthetic drugs are often promoted as bath salts, herbal incense, jewelry cleaner or plant food and have increased in popularity.

Bath salts, which are illegal in Florida, are comprised of substances that are meant to mimic the effects of LSD, cocaine or methamphetamine. These drugs are marketed under names such as “Ivory Wave” and “Vanilla Sky.”

Synthetic marijuana, also referred to as “K2” or “Spice,” is also illegal in Florida and a growing concern among teens and young adults.

Synthetic marijuana and bath salts are considered controlled substances under both state and federal law, which means you are looking at prison time if you are charged with a drug crime involving either of these drugs. Even if you purchased these illegal substances at a smoke shop or head shop in the Altamonte Springs area, you can still be arrested and charged with a drug crime by local authorities or even the DEA.

Along with ecstasy, peyote and LSD, synthetic marijuana and bath salts are classified as schedule I controlled substances under federal law. Schedule I controlled substances are considered highly addictive and are believed to have no medical value. A conviction for a federal drug crime charge, including possession, manufacturing, distributing or trafficking will result in mandatory minimum sentencing, which usually means several years behind bars.

Published on: April 29, 2014

Broward County Federal Criminal Defense Lawyer :: Fired BSO Cops Arrested, Facing Federal Charges for Alleged Involvement with Ponzi Schemer Scott Rothstein

by Whittel & Melton, LLC

Two fired Broward Sheriff’s deputies surrendered at the federal courthouse Monday where they faced charges alleging they abused their power as law enforcement agents in order to assist Ponzi schemer Scott Rothstein and his allies.

Prosecutors filed federal conspiracy charges against a former 48-year-old lieutenant from Boca Raton and a former 47-year-old detective from Weston on Friday. They were fired from their positions shortly after their arrests.

Prosecutors claim the former lieutenant accepted $185,000 worth of cash, gifts and other perks from Rothstein. They claim the man sent the former detective “to do his dirty work on the street.”

Published on: April 28, 2014

Gainesville Doctor Charged with 210 Federal Charges

by Whittel & Melton, LLC

A Gainesville doctor who was under federal investigation for years has been charged with 210 counts of health care fraud and money laundering.

The 57-year-old is accused of submitting fraudulent claims for needless tests, buying drugs from outside the U.S. that are not permitted for use here and providing those drugs to patients without their knowledge or consent, according to a news release from the U.S. Department of Justice.

The incidents allegedly occurred at a clinic she owned in Hawthorne from 1998 to 2009 and at a clinic on Northwest 16th Avenue in Gainesville from 2010 to 2013.

The woman surrendered on Tuesday and entered a plea of not guilty, according to reports. Her trial is scheduled for June 14.

The woman faces up to 10 years in prison for each of the health care fraud counts, up to three years for each of the Federal Drug Administration counts and up to 10 years on each of the money laundering counts.

Prosecutors allege that the woman submitted fraudulent claims to insurance companies for unnecessary medical procedures and services that were not actually performed or provided. According to reports, the claims were submitted to Medicare, Medicaid and Blue Cross Blue Shield of Florida.

The woman is accused of using some of the money from fraudulent claims to buy non-FDA-approved drugs and devices from outside the U.S., and submitted fraudulent claims for the dispensation of the drugs. Prosecutors also allege that she gave these drugs to patients without their knowledge.

Several state and federal agencies were involved in the investigation that led to the woman’s indictment.

The woman apparently closed her clinic in January 2013 because the investigation tarnished her reputation and wrecked her financially.

Reports indicate that the woman donated all of her medical equipment to a children’s hospital in Guatemala and has been volunteering for various local programs since her officer closed its doors.

If you are under investigation for federal health care fraud charges, you must take swift action and protect yourself by consulting with a federal criminal defense attorney as soon as possible. The sooner you enlist legal help, the more likely your lawyer can put a stop to further investigations and possibly prevent charges from ever being filed.

Health care fraud charges often arise from the following:

Medicaid and Medicare Fraud
Insurance Fraud
Kickbacks
Fraudulent Billing for Medical Services
Up-coding Medical Treatments or Services
Fraudulent Billing for Medications or Medical Equipment

A conviction for health care fraud carries extremely serious consequences. Not only do you face prison time and substantial fines, but you also risk losing everything you have worked so hard for, including any professional licenses or certifications that you hold as a medical provider.

Published on: April 7, 2014

Miami-Dade County Federal Criminal Lawyer :: South Florida Pill Mill Doctors Sentenced to Prison by U.S. Federal Judge

by Whittel & Melton, LLC

On Friday, a federal judge sentenced a south Florida doctor to more than six years in prison for her involvement in writing prescriptions for thousands of painkillers to addicts and drug dealers.

She was convicted of money laundering.

In July of 2013 a jury acquitted the 43-year-old woman and a 74-year-old man on charges that their roles in a chain of South Florida pain clinics led to the deaths of nine patients. They both faced up to life in prison and $2 million in fines.

The doctors and their defense team fought to prove that they were unaware of the conspiracy and were practicing medicine in line with state standards, which allow licensed physicians to dispense opioid pain pills without fear of punishment.

However, the jury convicted the pair of money laundering for their role in the “pill mill” scheme.

A U.S. District Judge sentenced the female doctor to 78 months in prison, while the man received 18 months. Both must also pay $10,000 in fines.

The woman’s lawyer says they plan to appeal the conviction.

The two doctors’ trial ended a four-year operation that targeted a slew of South Florida pain clinics that resulted in racketeering charges against 32 people in 2010.

The clinics owner is currently serving more than 17 years in prison and his brother and co-owner is serving more than 15. Both brothers testified on the government’s behalf.

At one point in time Florida had 90 of the top 100 oxycodone-purchasing physicians in the nation and 53 of the top 100 oxycodone-purchasing pharmacies.

The majority of these pills were pushed up the East Coast and sold at high markups in rural communities reaching from northern Alabama to western Pennsylvania. Interstate 95 was actually nicknamed Oxy Alley by dealers who frequently drove hundreds of miles to South Florida to buy cheap pain pills.

Florida law enforcement has been trying hard to crack down on the epidemic of prescription drug abuse within recent years. However, the restriction on painkillers has led to more heroin abuse.

Deaths from heroin rose 89 percent in Florida, from 62 in 2011 to 117 in 2012, according to a report by the National Institute on Drug Abuse. According to reports, the heroin problem in south Florida has reached epidemic proportions.

Money laundering is a very serious federal crime that entails taking unlawfully obtained money and working to incorporate it so it appears to come from a lawful source. In general, money laundering involves a string of various financial transactions and multiple bank accounts. Today’s technology only makes these cases that much more complex, oftentimes complicating paper trails and making many Internet transactions harder to trace.

Published on: April 3, 2014

Flagler County Criminal Defense Attorney :: Bunnell Officer Accused of Soliciting Teens for Sex via Facebook

by Whittel & Melton, LLC

A Bunnell police officer was arrested last week after the Florida Department of Law Enforcement accused him of soliciting teenage boys online.

The 30-year-old Palm Coast man was arrested Mar. 25 on two counts of computer pornography and child exploitation, and one count of criminal use of personal identification information.

The FDLE said they began investigating the man in December 2013 after receiving complaints regarding his behavior. Investigators claim the man created a fraudulent Facebook account posing as a teenage girl and used the account to solicit teenage boys. FDLE alleges the conversations turned sexual when the man requested sexual photos from the teens.

Reports indicate the man was arrested at Bunnell City Hall by deputies from the Flagler County Sheriff’s Office. He was booked into the Flagler County Jail with bail set at $125,000.

He posted bond later that night and was released.

Bunnell police said the man has been suspended without pay.

Sex offenses involving juveniles are punished harshly in Flagler County and throughout the state of Florida. In fact, Florida has some of the harshest sentences for sex offenders in the nation, and penalties often include any number of years up to life in prison, considerable fines and other strict consequences. For most, being forced to register as a sexual offender is the most detrimental penalty of all. Registered sex offenders face many struggles as this can not only ruin careers and reputations, but restrict where they can work and even live.

Published on: March 27, 2014

Martin County Federal Crimes Defense Lawyer :: West Palm Woman Accused of Stealing 700 Identities

by Whittel & Melton, LLC

A West Palm Beach woman faces federal charges of identity theft and tax fraud after she allegedly stole personal information from more than 700 people.

The 39-year-old woman is accused of stealing personal information and storing it in a notebook that included names, dates of birth and Social Security numbers, according to the United States Attorney for the Southern District of Florida.

Investigators allege the woman may have used some of the names to get prescription drugs, according to federal court records.

The accused and two others were arrested in October 2012 for credit card fraud greater than $100 in Martin County. Police were notified after a shoplifting incident was reported at the Treasure Coast Mall.

Once detained, officers claim they uncovered notebooks filled with 726 names and Social Security numbers, most of which belonged to people in Boynton Beach and Delray Beach, 20 debit cards and an iPad, according to federal records.

According to IRS investigators, most of the names and account numbers the woman had in her possession were used to file fraudulent tax returns that sought tax refund payments to credit and debit cards.

The Martin County Sheriff’s Office referred the woman’s case to the IRS. Federal records indicate that the woman told federal investigators a man she knew had broken into a car on the day of her arrest, and stole credit cards and a gun.

The woman and the two men she was with are all convicted felons. According to Palm Beach County records, the woman pleaded guilty to felony battery in 2000 and 2004. She was also convicted of fraudulent use of a credit card in Palm Beach County in 2001.

She allegedly admitted to police that she and one of the men had broken into multiple cars and stolen credit cards. Police claim she told them she stole identification information to help others. She denied filing false tax returns.

However, investigators claim the woman filed false 2012 tax returns in early 2013 after her October 2012 arrest. Federal documents allege that the woman’s home contained additional names, information and letters from the IRS not addressed to her. Records indicate that the woman also had tax software on her computer with 2012 tax return information.

Investigators allege they found multiple returns that had been filed from the woman’s IP address.

The woman faces charges of unlawful possession of unauthorized access devices and five counts of aggravated identity theft. She faces 10 years in prison if convicted and is currently being held without bail.

If you have been charged with identity theft or any other related crimes, you must act fast and mount a hard-hitting, proactive defense. Make no mistake that the prosecution will be pushing hard for a conviction, and failing to address these charges early on could be the difference between a conviction and a successful outcome.

Due to the advances in technology and the Internet, identity theft has become a major criminal offense within the past few years. Often times these offenses cross state lines or are charged alongside with other serious criminal offenses, thus making them federal crimes. A Martin County Criminal Defense Attorney at Whittel & Melton knows the unique differences between state and federal criminal charges and can provide you with the strongest legal representation so that you can achieve an outcome that you can live with.

Published on: February 17, 2014

Orange County Criminal Defense Attorney :: Owners of 3 Central Florida Telemarketing Companies Arrested for Operating Illegally

by Whittel & Melton, LLC

The Florida Department of Agriculture and Consumer Services arrested three people on Friday in connection with alleged illegal telemarketing operations in central Florida.

According to the agency, an investigation into three companies following a series of consumer complaints revealed the businesses were operating illegally. The owners of the three telemarking companies were arrested.

One of the agencies operating out of Kissimmee is suspected of defrauding 12 people of more than $500,000. The 34-year-old owner was arrested and charged with several offenses, including grand theft and exploitation of an elderly person or disabled person. The man was booked into the Osceola County Jail.

A 30-year-old business owner was arrested and booked into the Orange County Jail. The FDACS claims this particular company was unlicensed to conduct commercial telephone sales. The business allegedly employed 12 unlicensed commercial telephone salespersons. The owner was charged with 12 counts of employing unlicensed commercial telephone salesperson and one count of commercial telephone solicitation without a telephone sales license, all of which are third-degree felonies.

The third person arrested, is a 48-year-old Sanford man who owns an Altamonte Springs company. Investigators claim that three unlicensed people were found working at his business. The man was charged with three counts of employing unlicensed commercial telephone salesperson and booked into the Seminole County Jail.

In an effort to prevent consumer fraud, law enforcement agents are constantly investigating telemarketing companies. The restrictions on telemarketing companies are quite strict and the laws are always changing, so if you are accused of telemarketing fraud of any kind you must act fast to protect your rights. Whether you are accused of operating a telemarketing scheme or are found to be in non-compliance with current laws and regulations, an Orange County Criminal Defense Attorney at Whittel & Melton can help you build a powerful defense for state or federal charges.

Published on: February 4, 2014

Sarasota County Federal Criminal Defense Attorney :: Southwest Florida Man Pleads Guilty to Medicare Fraud

by Whittel & Melton, LLC

A Florida man plead guilty in early 2014 to attempting to defraud Medicare of more than $28 million after buying several rehabilitation clinics, including one in Venice.

The U.S. Department of Justice claims the man bought up the clinics so he could gain access to the clinics’ Medicare provider numbers.

A Florida man faces up to 15 years in prison for attempting to defraud Medicare of more than $28 million after buying several rehabilitation clinics.

The 53-year-old man, formerly of Southwest Florida, pleaded guilty to conspiracy to commit healthcare fraud and making a false statement relating to healthcare matters.

He faces up to 15 years in prison.

According to a Department of Justice statement, the man was the head of a Delaware holding company that he allegedly used to buy several comprehensive outpatient rehabilitation facilities and outpatient physical therapy providers throughout Florida in the mid-2000s.

Those offices included clinics in Venice, Fort Myers, Lake Wales and Port St. Lucie.

Once they owned the clinics, the man and other company executives apparently obtained identifying information of both Medicare beneficiaries and physicians, which they then used to create and submit false claims for therapy services that were not prescribed and not provided.

DOJ officials claim the man and his co-conspirators forged patient records in order to hide the services they billed Medicare for that had not actually been provided.

The man and his co-conspirators are accused of filing $28.35 million in fraudulent claims with Medicare from 2005 through 2009. Medicare paid approximately $14.4 million on those claims, according to reports.

Authorities allege that once the man received enough Medicare money out of clinics, he sold the storefronts to “straw owners,” who were all recent immigrants to the United States and had no experience working in the healthcare industry.

The DOJ unsealed a 30-count indictment against the man and one of his co-conspirators, a 57-year-old disbarred attorney, in April 2012.

The 53-year-old man has pleaded guilty to two of those charges – conspiracy to commit health care fraud and making a false statement relating to health care matters.

Healthcare fraud cases cost the government millions of dollars each year. The government often makes mistakes and accuses innocent medical professionals and clinic owners of committing federal crimes in order to try and recover their losses from fraudulent claims. Unfortunately, when you are accused of committing Medicare or any other type of healthcare fraud, your family, career and reputation are at risk.

Published on: January 28, 2014

Pinellas County Criminal Defense Lawyer :: Pinellas Child Predator Sting Nets 35 Arrests

by Whittel & Melton, LLC

A four-day child predator investigation in Pinellas County that involved local, state and federal investigators resulted in 35 arrests.

The sting, dubbed “Operation Home Alone,” targeted people seeking minors online for sexual relations.

The suspects, ranging between 19 and 65 years of age, are from Pinellas, Hillsborough, Pasco and Manatee counties. Police claim one suspect drove his bike to Clearwater from Kenneth City. Another is accused of driving from Miami, according to the Pinellas County Sheriff’s Office.

The investigation was organized by the Pinellas County Sheriff’s Office and the Clearwater Police Department and also involved the St. Petersburg Police Department, the Florida Department of Law Enforcement, the Department of Homeland Security and the Federal Bureau of Investigation.

The sting started at 2 p.m. Thursday and ended at 2 a.m. Monday. The undercover operation used 12 investigators posing as minors to chat online with suspects. Reports indicate that detectives worked from 2 a.m. to 2 p.m. for the entire four days at computers set up in a training room at Clearwater police headquarters.

Investigators posted ads and chatted with people on more than a dozen websites, including backpage.com and Craig’s List. According to police, once a suspect arranged to meet with a minor, officers out on patrol were notified to arrive at the meeting locations and arrest those that showed up. Officials said that four meeting places in north Pinellas County were used.

Call a Pinellas County Criminal Defense Attorney at Whittel & Melton today at 727-823-0000 to find out how we can help you.

Those arrested were brought to the Clearwater Police Department where they were interviewed and shown the transcripts of their online conversations before being transferred to the Pinellas County jail.

Those arrested will likely face charges related to traveling to meet a minor, sexual battery and procuring a person under the age of 18 for prostitution, according to police.

Ever since “To Catch A Predator” aired on NBC’s Dateline, local, state and federal law enforcement officers have stepped their game up in regards to catching those suspected of committing sex crimes via the Internet. By conducting undercover sex stings, police work around the clock for a certain time frame posing as minors or the parents or guardians of minors looking to arrange sexual encounters. Once arrests are made, the media often paints the worst picture possible regarding the suspects involved and fails to acknowledge whether those detained were the possible victims of police entrapment – when an officer’s behavior induces a person to commit a crime they otherwise would not have committed.

The entrapment defense requires thorough investigation and must be constructed carefully if used as a successful defense strategy. A Pinellas County Criminal Defense Lawyer at Whittel & Melton can review the events leading up to your arrest and determine if this is a viable defense option.

Published on: January 15, 2014

Lee County Federal Criminal Defense Attorney :: Cape Coral Man Receives 6 Years in Prison for Bank and Investor Fraud

by Whittel & Melton, LLC

A 63-year-old man was sentenced to six years in federal prison last week for bank fraud, mail fraud, and wire fraud.

The man pleaded guilty to the above charges on March 14, 2013.

Court records indicate that the man was president and director of a realty company in southwest Florida. In June 1990, he apparently created a Trust Agreement for approximately 101 acres of unimproved land, in Cape Coral for which he was the trustee and also one of its beneficiaries, along with 52 named combined interest holders or beneficiaries. He mortgaged the trust property without the consent of the other beneficiaries by submitting fraudulently altered trust agreements to multiple banks that named him as the sole beneficiary.

The man also executed various loan documents, where he falsely claimed to be the sole beneficiary, giving him the authorization to mortgage the property. He received $2 million from Florida Community Bank in 2002 for the first mortgage loan. He then paid that loan off in 2006 with a mortgage loan exceeding $17 million from First National Bank of Pennsylvania. Court documents show that the man used most of the money from the second loan for personal use to fund other projects. He defaulted on the First National Bank of Pennsylvania mortgage loan, causing the bank to foreclose on the property in October 2009, leaving an unpaid principal balance of $17.03 million.

The beneficiaries of the 101 acres have yet to receive compensation for their initial payments as interest holders, yearly payments or for the increase in the value of the Trust property.

Bank fraud violations, along with other white collar crimes are harshly punished in the state of Florida and throughout the United States. Under federal statutes, a conviction for bank or mortgage fraud may carry up to $1 million in penalties and 30 years in federal prison. Attempting to commit bank fraud carries the same penalties as the actual crime itself.

Once a conviction is achieved in bank fraud cases, sentencing generally depends on the amount of money lost in the scheme. A Lee County Federal Criminal Defense Lawyer at Whittel & Melton can help those accused of bank fraud fight the severe ramifications of a bank fraud conviction.