Pasco County

Published on: August 7, 2015

Pasco County Deputy Arrested for Trying to Meet Teen for Sex in Broward County

by Whittel & Melton, LLC

A Pasco County law enforcement officer was arrested Tuesday night after authorities claim he showed up to meet a 15-year-old boy for sex in Davie.

The 22-year-old Pasco County Sheriff’s deputy is facing a federal charge of luring or enticing a minor into sexual activity.

In early June, deputies believe the man and the teen started exchanging very graphic messages through an online service.

A deputy apparently took control of the teen’s phone in mid-July and began communicating with the man. The deputy pretended he was the boy.

Pasco County Sheriff Chris Nocco immediately fired the man, who was still a probationary employee because he had worked there for only about nine months.

According to investigators, the man had extremely explicit online conversations about sex with the teen.

In the next few days, the undercover deputy wrote that he replied to the man’s messages and told him he was a 15-year-old virgin.

The man allegedly asked the “teen” to meet him for sex and asked if the minor would be able to stay overnight at a hotel, according to court records.

The man arranged to meet the 15-year-old at 8 p.m. Tuesday night at Pine Ridge Plaza on State Road 84, according to authorities.

Davie police arrested the man when he showed up at the plaza in a black Ford F-150 truck and sent a message that he had arrived. Police searched the vehicle and apparently found an iPhone with some of the messages the two had exchanged.

The man allegedly told police that he messed up and knew he the boy was 15.

He is scheduled to be in court Friday for a bond hearing.

The investigation was conducted by Davie police detectives who work with the FBI’s Child Exploitation Task Force.

Local and federal law enforcement agencies routinely conduct undercover sting operations in which they have an officer pose as a minor in online chat rooms, social networking sites, and as this case shows, even on the other end of a text message conversation. When an adult arranges to meet with the undercover officer who they think is a minor, law enforcement agents will immediately arrest them.

Whatever your particular case may entail, the most important thing to know is that the charges you face are very serious. You are facing life-changing penalties if convicted, including significant fines, prison time for any attempt to actually meet a minor, registration as a sex offender and life-long challenges on your personal and financial well-being.

Published on: July 23, 2015

New Port Richey Woman Gets 18 Months in Prison for Selling Counterfeit MAC Makeup

by Whittel & Melton, LLC

A New Port Richey woman has been sentenced to prison for trafficking in counterfeit cosmetics.

The 45-year-old woman was sentenced to 18 months in federal prison. A money judgment was also issued against her for nearly $1 million. She pleaded guilty to the charges against her in September 2014.

According to court documents, the woman sold more than $1 million worth of counterfeit Make-up Art Cosmetics, Inc., otherwise known as MAC cosmetics, between March 2012 and March 2014. Investigators claim she purchased bulk quantities of counterfeit MAC cosmetics from a source in China, then sold the cosmetics as legitimate products at significantly higher prices.

Investigators believe she sold the cosmetics across the country using a website for her company through eBay and directly to some wholesale customers.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Intentionally trafficking or attempting to traffic in goods that are counterfeit is a felony. Trafficking usually translates to mean the repackaging of goods or services with the intent to deceive or confuse.

Under federal law, any individual who knowingly distributes, wholesales, or sells counterfeit merchandise faces severe penalties:

Imprisonment
Fines
Seizure and destruction of counterfeit merchandise the wholesaler or distributor has in their possession.
Civil lawsuits to recover damages, profit loses, attorneys’ fees, and other injunctive relief.

Published on: July 15, 2015

Pasco County Doctor, Office Manager Accused of Medicaid Fraud

by Whittel & Melton, LLC

A Wesley Chapel doctor and his office manager are accused of defrauding the Florida Medicaid program out of more than $100,000.

The male doctor and his office manager, who is also his ex-wife, were arrested Wednesday. Investigators allege the pair billed the Florida Medicaid program for services that were never performed.

The man is an ear, nose and throat specialist. The officer manager’s arrest report lists her as a registered nurse at Moffitt Cancer Center.

Both are facing one count each of Medicaid provider fraud, one count of first-degree scheming to defraud and one count of second-degree criminal use of personal identification information.

If they are convicted, they face up to 30 years in prison. They could also be ordered to pay more than $100,000 in restitution.

The case will be prosecuted by Attorney General Pam Bondi’s Office of Statewide Prosecution.

Medicaid is a federal and state cost-sharing program that provides healthcare to people who are unable to pay for such care. Medicaid Fraud usually targets the providers of services who accept Medicaid and can be prosecuted on the State or Federal jurisdictions.

Common examples of Medicaid fraud can include:

Phantom Billing: Billing for medical services not actually performed
Upcoding: Billing for a more costly service than was actually rendered or Billing for sessions that are longer than what was actually performed
Unbundling: Billing for multiple services that should be combined into one billing
Billing twice for the same medical service
Dispensing generic drugs and billing for brand-name drugs
Kickback: Accepting something in return for medical services
Bribery
Providing unnecessary services
False cost reports
Embezzlement of recipient funds

Published on: January 9, 2015

Pasco County Teacher Accused of Having Sex with Student

by Whittel & Melton, LLC

A 25-year-old Pasco County High School instructor has been placed on administrative leave after being arrested for unlawful sexual activity with a minor.

According to reports, the female teacher contacted the student at the school through Facebook messenger in early April. Deputies allege that she gave the victim her phone number and asked him to call her.

Deputies claim the pair met up at a park in New Port Richey and had sex. According to the arrest report, several more sexual encounters occurred between April and July.

Deputies said the teacher was 24-years-old at the time of the incidents and the victim was 17.

The teacher worked as a graduation enhancement instructor helping kids who are at risk of not graduating. She has been with the school district since April 2013.

The school board is expected to vote whether to suspend the woman without pay at its next meeting on January 20th.

The woman has been released from jail on $10,000 bond.

Sex crimes carry very harsh penalties, including mandatory registration as a sex offender, hefty fines, and depending on the specific charge, mandatory minimum prison sentences. It is absolutely necessary that you contact a criminal defense lawyer once you know that the police are investigating you for such a charge.

As a teacher in a public position, being accused of a sex crime can ultimately end your career. It is very important to get help from a Pasco County Criminal Defense Lawyer at Whittel & Melton as soon as possible due to the fact that consequences for a conviction of are severe. When facing these accusations, licensed professionals, like teachers, may suffer automatic revocation of their license.

Published on: December 30, 2014

Tips for Avoiding a DUI this New Year’s Eve

by Whittel & Melton, LLC

You want to avoid getting arrested for DUI in Florida on New Year’s Eve and “becoming a statistic.” New Year’s Eve is a holiday that it is both cause for celebrating and relaxing. After the stress of getting ready for Christmas, people usually take this time to enjoy the end of the holiday season and contemplate their goals for the new year. However, because this is the last holiday of the year, there tends to be an increased number of people who drive under the influence of alcohol or drugs. Listed below are several tips to help drivers avoid a DUI this New Year’s Eve.

Limit Drinks

If you are at a party that has an open bar, and you know you are driving, know exactly how many drinks you are having so that you can watch your personal limit. Remember that once you start drinking it can be difficult to stop yourself from having too many. Be mindful of the exact amount you have had to drink.

Call a Cab or Uber or Lyft

Public transportation can save many people from DUI-related accidents and arrests. Save the number of a local cab company in your phone, use a ride share app on your phone or attend parties or social gatherings close to a bus route.

Don’t Go Solo

Don’t go to a party or social gathering by yourself. Bring along at least one other friend and make sure to determine who the designated driver is for the entire group before any alcohol is consumed.

Eat!

While many people have New Year’s resolutions about weight loss, New Year’s Eve is one of those nights where you should eat. Food fills the stomach, making less room for alcohol. Try to snack on foods like meats or dark chocolate, which are known to keep you fuller longer.

Offer Alternative Drinks

If you are hosting a party, include “mocktails,” sodas, punch, or even just water on your drink menu.

Make Accommodations for Guests

If you know your guests have a far trip ahead of them, arrange for them to stay with you or at a nearby hotel. That way, no one drives home drunk.

Leave the Party Early

New Year’s Eve is one of the busiest nights of the year. You can expect delays for taxis and other modes of public transportation, so be prepared. Leaving your party or social gathering early can also ensure that you get home safely and at a reasonable hour.

Published on: August 18, 2014

Pasco Sheriff’s Uncover Seven Marijuana Grow Houses in New Port Richey

by Whittel & Melton, LLC

Investigators claim they discovered hundreds of thousands of dollars in marijuana from seven grow houses in Pasco County after they stopped by to check out claims of electric theft.

According to reports, the Pasco County Sheriff’s Office said they were alerted to the seven houses by officials with Withlacoochee River Electric Cooperative after the company learned that more than $206,000 worth of power had been stolen over the course of the past two weeks.

When investigators got to each home, they allegedly found elaborate marijuana grow operations. The sheriff’s office believes the grow houses are the work of of an organized crime ring because the wiring installed to steal the electricity at each home appears to be the same.

As of now, only one arrest has been made. A 50-year-old Port Richey man has been charged with trafficking and cultivating marijuana and theft of utilities. Police anticipate more arrests as the investigation continues to unfold.

While the manufacturing of marijuana may not take place in a laboratory the same way many drugs like methamphetamines are produced, the cultivation of marijuana is a very serious offense in the state of Florida. Due to its Schedule I classification as an illegal substance, arrests stemming from marijuana-related offenses will generally result in felony charges.

If you have been charged with or have been arrested for or accused of growing marijuana, you are probably feeling extremely scared and under intense pressure. Consulting with a Pasco County Drug Crimes Defense Lawyer at Whittel & Melton could help alleviate some of your stress, and at the same time provide you with a plan of action to make it through the legal process without suffering life-altering consequences.

Published on: August 13, 2014

ACLU Leader Asks for Federal Review of Polk County Sex Stings

by Whittel & Melton, LLC

The local chair of American Civil Liberties Union is calling for a federal review of Central Florida’s Internet Crimes Against Children task force.

Ret. Army Col. Mike Pheneger, the chair of the Greater Tampa Chapter of the ACLU, said there are many problems with these “To Catch a Predator”-style undercover stings, which are extremely popular in West/Central Florida.

Pheneger, who has also held ACLU leadership positions at the state and national level, said this: “The Justice Department (should) be asked to look into this, since this is federal money that’s involved here. Find out if they are following the rules, because it would appear they are not.”

The Central Florida ICAC task force, under the authority of Polk County Sheriff Grady Judd, started reaching out to men who were simply posting perfectly legal ads on legitimate dating websites. A handful of judges have even criticized officers’ overreach, their “failing to follow procedures” during undercover operations, as well as methods used to nettle “a law-abiding citizen to commit a crime.”

According to a 10 Investigates analysis, out of more than 1,200 Florida arrests since 2008, many of the subjects of the stings often had no previous criminal record and were able to avoid jail time. In fact, many prosecutors have shown leniency, based on the facts of the case and the likelihood the accused might actually commit a crime on a real child.

“It’s important to put actual sex offenders in jail,” Pheneger added. “Law enforcement should be going after those people, not trying to entice people who have shown no disposition to any kind of criminal behavior toward children.”

Many local agencies, such as the Hillsborough County Sheriff’s Office and the Pasco County Sheriff’s Office, do not take part in these sting operations. Rather, they focus their efforts on more immediate dangers in the cyber crime realm, such as child porn and sex trafficking.

ICAC guidelines, which were obtained by 10 Investigates through court records, demonstrate that these online undercover stings, which usually don’t involve real children or victims, are not even specified in the list of priorities agencies are supposed to use to target suspected predators. Here are the regulations:

A child is at immediate risk of victimization.
A child is vulnerable to victimization by a known offender.
A known suspect is aggressively soliciting a child(ren).
Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children.
Aggressive, high-volume child pornography manufacturers or distributors who either are commercial distributors, repeat offenders, or specialize in sadistic images.
Manufacturers, distributors, or solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as a criminal conspiracy.
Distributors, solicitors and possessors of images of child pornography.
Any other form of child victimization.

ICAC guidelines also mandate that law enforcement must uncover whether there is reasonable cause to investigate every possible suspect. However, according to 10 News, Judd said he would not turn over public records on the sting because every single person his task force came in contact with, even those who showed zero interest in the underage decoys, was still “under investigation.”

Pheneger said it would be a clear violation of civil liberties if Judd was investigating men who exhibited no signs of breaking the law as there is no “reasonable cause” for them to be investigated.

There has been much disappointment expressed over the fact that Judd told 10 Investigates just last week that he had no remorse about holding a press conference to call men “sexual predators” who had been cleared of wrongdoing.

Judd, as well as other local law enforcement agencies, stand to lose millions of dollars in federal grants if there are ICAC violations.

It will be interesting to see if there are any ICAC violations stemming from these online sex stings and if so, what the consequences will be.

Unfortunately, being the target of an undercover sex crimes investigation can be humiliating and problematic for your work, social and personal life. The mere accusation of being a sexual predator can create a very negative situation for you and those close to you.

Charges resulting from Internet sex stings can start in state court and possibly move to federal court. A Polk County Criminal Defense Lawyer at Whittel & Melton is equipped to handle both state and federal charges, which is very important because if you are facing federal charges, the consequences are much harsher, including mandatory-minimum prison terms.

Published on: July 11, 2014

Former Prison Guard Pleads Guilty to Tax Fraud & Stealing Inmates’ Identities

by Whittel & Melton, LLC

A former correctional officer has pleaded guilty to committing tax fraud and using inmates’ identities.

According to investigators, the 26-year-old was working at the Zephyrhills Correctional Facility when he used Florida Department of Corrections databases to access the personal identifying information of inmates between January 2011 and May 2014.

The man allegedly used the information to file 182 fraudulent tax returns. Investigators claim the total amount of fraudulent funds requested in those returns is estimated to be more than $500,000.

Published on: July 1, 2014

159 New Laws Begin in Florida Tuesday

by Whittel & Melton, LLC

Florida will have 159 new laws starting Tuesday that address various issues, including college tuition, corporate tax credits, abortions and sex offenders.

One of the most prevalent laws is one that aims to protect children and others from dangerous sex offenders. The laws are intended to keep the most violent sexual offenders locked up longer and close any loopholes in a law that allows the state to send predators to a high-security treatment center once they have served their time in prison. The new laws will subject more offenders to potential civil commitment and prosecutors, detectives and victim advocates will be part of the committee that reviews their cases.

The sexually violent predator package of bills was among the first of the legislature sent to Gov. Rick Scott during the 60-day session that ended in May. The new laws are meant to create a better child welfare system in Florida. As of now, Florida is the only state in America that has a 50-year mandatory minimum prison sentence for violent sexual offenders.

Another law that seeks to protect children concerns the Department of Children and Families. The law changes how the department investigates and responds to cases; now placing a higher emphasis on shielding a child from abuse rather than focusing on keeping a family together. Moreover, the law also pays for 270 additional child protective investigators so that caseloads can be reduced and a response team can be sent out quickly to investigate child abuse deaths when the child had previous dealings with the system.

Another law will establish a statewide pilot program to pay for foster children’s driver’s education classes, license fees and car insurance so that they can be better prepared to gain employment when they turn 18 and leave the system.

The children of immigrants in the country illegally will now be able to receive in-state tuition at state universities after Scott changed his position on the issue. Another bill will give tuition breaks to honorably discharged veterans as well as waive professional licensing fees for them.

Local school boards now have the responsibility of selecting textbooks, whether or not they are on a state-adopted list, and will be required to put policies in place that allow parents to object to the books they choose.

Another new law took effect on June 20 that expands a voucher program, giving corporate tax credits to companies that provide money for low-income families to send their children to private schools.

As far as criminal laws go, there will be increased penalties for spiny lobster poachers, people leaving the scene of an accident that causes injury and people who illegally sell prescription drugs. Additionally, electronic cigarette sales to minors are now illegal in Florida. Another law forbids sending text messages soliciting products to residents on the state’s “no sales solicitation calls” list.

Florida has also changed its definition for its late-term abortion ban. Abortions will be illegal in Florida at any stage in a woman’s pregnancy if her doctor concludes that the fetus could survive outside the womb. The previous law banned abortions after 24 weeks of pregnancy. An exception can be made to this law if the mother’s life is at risk.

Lastly, new laws will create a Florida Tourism Hall of Fame and the position of state poet laureate to promote poetry in Florida.

Laws across the United States are constantly changing. When you have been accused of committing a crime in Florida, only a Florida Trial Lawyer at Whittel & Melton can provide you with the legal representation that you need. While many attorneys are quick to negotiate with prosecutors to obtain a plea bargain instead of pursuing trial, our Florida Criminal Attorneys know that sometimes trial is the best option for your situation. We thoroughly evaluate every case and will always advise you of your best legal defense strategy.

Published on: May 12, 2014

Man Sues Over ‘COPSLIE’ License Plate Rejection, Supreme Court Rules in His Favor

by Whittel & Melton, LLC

On Wednesday, New Hampshire’s highest court ruled that the state infringed the free speech rights of a man who wished to have “COPSLIE” on his license plate.

The state Supreme Court agreed with the arguments of the man in a unanimous decision.

The man said he wanted the vanity plate to protest “government corruption.”