Criminal

Published on: May 17, 2018

Library Volunteer Charged with Lewd Act with Juvenile in Pasco County

by Whittel & Melton, LLC

Pasco County authorities have arrested a 19-year-old man and charged him with lewd and lascivious molestation at a county library.

The man accused was a library volunteer when the incident was reported but has since been terminated.

According to a Sheriff’s Office report, a 14-year-old boy claims the man “enticed him to engage in sexual activity.”

The report also said four other juveniles were present at the time gave the same version of events.

Pasco County Libraries said Friday afternoon that a background check was completed on the man in late January and that his first shift was worked on Feb. 9.

He was dismissed from his volunteer position on May 7.

While molestation charges are very serious, especially when it involves a minor child, there are also many cases where a person is falsely accused of a crime they did not commit. Sadly, false accusations are quite common and can wreak havoc on the life of the individual who has been wrongly accused.

If you have been arrested or accused of a sex crime you did not commit, you need to speak with a sex crimes attorney right away. Your reputation and future are at stake, and our Pasco County Sex Crimes Defense Attorneys at Whittel & Melton do not take false accusations lightly. We are dedicated to aggressively defending those accused of sex crimes so that they can avoid the harsh consequences of a conviction.

Published on: May 15, 2018

Florida Deputies Arrest 81 in ‘Operation Spring Cleaning’ Drug Sting

by Whittel & Melton, LLC

Sarasota County deputies arrested 81 people on drug-related charges in an investigation called “Operation Spring Cleaning” on May 4.

Deputies said they confiscated more than 18 pounds of controlled substances and four firearms.

Out of the 81 people arrested, 77 were drug traffickers, according to reports. The investigation focused on drug manufacturing, delivering, and trafficking of “highly abused controlled substances,” such as Fentanyl.

Florida’s medical examiners reported 704 people died of Fentanyl-related overdoses in the first half of 2016 which led to the passing of enhanced penalties for drug dealers and traffickers as seen in Florida House Bill 477.

Operation Spring Cleaning focused on capturing sales and trafficking related to highly abused controlled substances.

A recent investigation into Fentanyl-related deaths shows an increase of 97 percent in Palm Beach County in 2016, and that West Palm Beach is an “epicenter” for opioid overdoses.

In the past few years, you may have read about more and more cases in Florida that involve fentanyl overdoses. Fentanyl is a Schedule II synthetic opioid drug that is about 75 times stronger than morphine. Even just trace amounts of fentanyl absorbed through the skin or inhaled can be lethal.

Florida statutes implement the following mandatory minimum penalties for trafficking in fentanyl:

4 grams or more, but less than 14 grams: mandatory minimum term of imprisonment of 3 years and a fine of $50,000
14 grams or more, but less than 28 grams: mandatory minimum term of imprisonment of 15 years and a fine of $100,000
28 grams or more: mandatory minimum term of imprisonment of 25 years and a fine of $500,000

Published on: May 1, 2018

Illinois Physician and One Las Vegas Practice Accused of $2 Million Healthcare Fraud

by Whittel & Melton, LLC

The Department of Justice recently announced that a Las Vegas medical practice will pay $1.5 million to settle allegations that they violated the False Claims Act through illegal billing.

The settlement involved allegations that from January 1, 2006 through May 31, 2011, the practice violated the False Claims Act by billing federal healthcare programs, including Medicare and the U.S. Department of Veterans Affairs, for surgical services that were never actually rendered to its cardiac patients.

The allegations further state that the practice billed for more expensive surgical, evaluation and management services than were provided.

No liability has been determined in this case.

The second case comes from suburban Illinois where a physician has been indicted on federal fraud charges for allegedly receiving almost $1 million in Medicare and private insurer payments for services that apparently never happened.

The physician is the subject of a 12-count indictment alleging that he submitted fraudulent claims for medical tests and examinations that were never performed, as well as used some patients’ names without their knowledge to submit fraudulent claims, according to the DOJ. The indictment claims that from 2008 to 2013, the physician fraudulently obtained, or caused his clinic to obtain, at least $950,000 in payments from Medicare and Blue Cross and Blue Shield of Illinois.

The man is charged with seven counts of healthcare fraud, three counts of making false statements in relation to a healthcare matter, and two counts of aggravated identity theft.

Health care providers and institutions have a wide range of rules and guidelines they must abide by. Many people forget that these facilities are businesses and must operate as so while providing medical care to patients. Because of ever changing criminal laws and extensive regulations and civil statutes, we have seen an upward rise of doctors, hospitals and medical professionals subject to allegations of health care fraud in the recent years.

Prosecutors actively pursue health care providers who allegedly lie about the number of patients they treat or the types of services they perform, as well as for referring patients to a facility in which the physicians have a hidden financial interest. On that same note, a doctor who receives payment from a company whose medical products they use could potentially face federal prosecution if the payment is used as a kickback or bribe to keep the doctor using the product in question. Medical device distributors and manufacturers can also find themselves under fire for healthcare fraud in these situations. The reality is that there are a plethora of potential pitfalls that plague health care workers and providers on a daily basis.

If you have found yourself ensnared in a federal health care or Medicare fraud investigation, let our Florida Medicare Fraud Defense Attorneys at Whittel & Melton guide you through what to expect. We handle civil and criminal health care fraud matters throughout the state of Florida.

Published on: April 30, 2018

Former Alachua County Manager Accused of Battery

by Whittel & Melton, LLC

Former Alachua County Manager Lee Niblock was booked on a misdemeanor battery charge in Collier County early Thursday evening, according to reports.

Niblock, 64, is charged with a misdemeanor battery in Marco Island — a city of 16,000 — where he was city manager for about three months following his termination in August 2017. Before he came to Alachua County, Niblock was Marion County’s manager.

According to the investigation, Niblock is accused of attempting to kiss and touch a woman after offering her a $140,000-a-year job that he created.

Gainesville police issued a sworn complaint in late March to the State Attorney’s office also recommending to charge Niblock with battery, detailing similar allegations.

Niblock was fired last month from his new job in Marco Island, for what the city council determined unethical behavior. He had a salary of $185,000.

According to the report released Thursday, Niblock met with a principal and her supervisor to discuss possible repairs to a baseball facility.

The two told law enforcement that Niblock, just one month on the job, made inappropriate comments and behaved oddly during the meeting. He commented on the principal’s appearance, saying her looks were distracting, and then proceeded to talk about a pair of open city positions.

The next day, investigators said, Niblock began texting the principal. He later offered to take her to dinner to discuss city and school business and insisted on picking her up, the report said. Investigators said Niblock attempted to recruit the principal for a newly created director of communications and government affairs position with a salary range of $92,000 to $118,000.

The principal claims the man behaved inappropriately during dinner and insisted on paying and said she could repay him with a kiss.

On the ride home, the report said Niblock attempted to touch the woman’s hand twice and that she pulled away. The report said he then grabbed her for a hug, then attempted to kiss her on the lips.

The woman told investigators the kissing and touching was unwanted. She said Niblock texted her seven times after the dinner and got no response, including sending her a link to WebMD, the report said.

In the weeks that followed, the woman told investigators, she began hearing rumors about Niblock bad mouthing her.

According to the GPD complaint, Niblock is being accused of battery, a first-degree misdemeanor, stemming from a June 2017 incident that involved a different woman in Gainesville and a “future job opportunity.”

There are a few different types of battery charges in Florida. In its simplest form, battery involves an unwanted or uninvited touching or striking to another person. The penalties for battery charges can be severe even if it is a misdemeanor offense. The good news is that there are many viable options for a battery defense under Florida law. Our Alachua County Criminal Defense Lawyers at Whittel & Melton can help you determine which defense might be available for your situation.

Simple battery is a first degree misdemeanor. The possible penalties include up to one year in jail or 12 months of probation. Fines up to $1,000 are also common.

Published on: April 26, 2018

Sorrento Man Facing Child Porn Charges

by Whittel & Melton, LLC

A 27-year-old Sorrento man was arrested on child pornography charges Friday, according to the Florida Department of Law Enforcement.

The man was booked into the Lake County Jail with bail set at $50,000, the FDLE said.

According to an agency spokeswoman, agents began investigating the man in February after determining suspected child-porn files had been downloaded through an IP address associated with his house.

Agents apparently searched the house, allegedly finding at least 10 files of child pornography on his laptop. At least one of the files depicted a child younger than 5, according to reports. The laptop was seized for a more-thorough search.

The man will be prosecuted by the Office of Statewide Prosecution.

The Attorney General’s Office of Statewide Prosecution is directed by the Florida Constitution to prosecute crimes that impact two or more judicial circuits in the State of Florida. Working regularly with state and federal counterparts, the office focuses on complex, often large scale, organized criminal activity.

If you are under investigation for child pornography, our Orange County Criminal Defense Lawyers at Whittel & Melton urge you to refrain from speaking to law enforcement until you have spoken with us. Anything you say or do prior to an actual arrest can be used against you in a court of law. Federal investigators are highly trained to gather confessions from those accused of sex crimes, such as child pornography. Standard protocol for police is to locate suspects and make a surprise visit to request an interview. We want you to know you have rights and can politely decline their request to discuss these matters until legal counsel is present.

Published on: April 23, 2018

Gainesville Man Charged in Hotel Fraud Scheme

by Whittel & Melton, LLC

A 35-year-old unemployed Gainesville man is accused of devising a scheme to use dark web-bought identification information to rent hotel rooms and then sublease the rooms to people for illicit activity, according to Gainesville police.

The man faces 11 fraud-related charges and two counts of using a communications device — his cell phone — to commit a felony.

He allegedly schemed to scam the Hampton Inn at 101 SE First Ave. in Gainesville, as well as a Doubletree by Hilton, also in Gainesville, the report said.

In at least two cases, police claim he sent bogus letters to hotels attempting to secure accommodations, suggesting that GEICO and AAA were paying for rooms, when they were not, the report said.

The total damages from the scheme for two victims whose credit card information was stolen and used allegedly by the man came to $3,005.69, his arrest report said.

The alleged fraud began early in 2018 and continued through March, the report said.

The man was arrested Friday.

Fraud charges are very serious matters and are usually the result of in depth police investigations. The penalties for a conviction are very serious. You could be looking at decades-long prison sentences and pretty large fines. If you have been charged with any type of fraud, it is critical that you enlist the help of an expert Alachua County Criminal Defense Lawyer at Whittel & Melton to protect your rights.

We are extremely experienced in complicated legal defense cases involving white collar crimes, such as fraud. You can rest assured that we will give your case the personal attention it deserves, as well as examine all evidence thoroughly, and come up with an aggressive legal strategy to protect your rights.

Published on: April 11, 2018

Dade City Man Facing 21 Counts of Possession of Child Porn

by Whittel & Melton, LLC

The Florida Department of Law Enforcement arrested a Dade City man for allegedly possessing hundreds of files of child pornography and possibly accessing thousands more.

A Pasco County Sheriff’s Office arrest report states investigators found 274 suspected child porn files on the man’s laptop. They allegedly reviewed 22 of those files and found graphic videos, some involving children younger than five years old, engaged in sex acts.

An IP address linked to the man’s home also may have allegedly accessed child pornography files at least 2,529 times in October and 18,779 times in March.

According to the report, the man admitted to downloading such files since he was 17 years old.

The man is charged with 21 counts of possession of child pornography and one count of transmission of child pornography.

He’s currently in jail on $1.1 million bond.

A conviction of child pornography can be devastating to your personal life and career. The number of images, type of pictures and the ages of the alleged children are factored into the charges and sentencing guidelines. You could be looking at years, decades or even life behind bars for each image in question and a permanent stamp on the sex offender registry.

Published on: April 10, 2018

Cancer Center Slapped with Lawsuit Alleging $8 Million in Medicare Fraud

by Whittel & Melton, LLC

An Arizona medical company that serves thousands of cancer patients is battling a federal lawsuit alleging that it ripped off Medicare and other government programs with millions of dollars in fraudulent charges.

The whistleblower complaint moving through U.S. District Court says principals at Arizona Center for Cancer Care improperly collected nearly $8 million from U.S. health care agencies since 2011.

The lawsuit alleges AZCCC engaged in double billing, charged for unnecessary medical services and overcharged for testing and treatments.

The Peoria-based company, known legally as Arizona Center for Hematology and Oncology PLC, has 35 offices in Maricopa County, with 65 physicians specializing in oncology, urology, hematology and gynecological oncology. The company advertises treating more than 30,000 patients.

The civil action was filed in 2016 under the federal False Claims Act by the company’s billing manager, who asserts that he repeatedly warned AZCCC its charging methods were improper and excessive.

Civil charges of Medicare fraud can lead to criminal charges as well. Health care providers found to have committed Medicare fraud face pretty severe penalties and major consequences. In most cases, offenders will be required to repay the overpayments, along with hefty fines. Criminal prosecution by the federal government is also highly likely. The usual prison term is up to five years for each offense, which can add up to a lot very quick.

Our Florida Medicare Fraud Defense Attorneys at Whittel & Melton defend patients, doctors, medical clinics, nursing homes, assisted living facility personnel, and all other healthcare personnel accused of filing fraudulent Medicare claims for supposed non-qualifying health care services. We know Medicare fraud is one of the most serious charges a health care provider may ever face.

Published on: April 4, 2018

New Orleans Woman Gets Nearly 3 Years in $3.2M Medicare Fraud

by Whittel & Melton, LLC

A 63-year-old New Orleans woman has been sentenced to two years and eight months in prison for her part in a $3.2 million Medicare fraud and kickback scheme.

She was also ordered to pay $277,000 in restitution, according to federal prosecutors.

She was convicted in November and sentenced Wednesday in a five-year scheme to supply power wheelchairs and other durable medical equipment to people who didn’t need it.

Evidence showed that the woman got more than $47,000 in kickbacks from an equipment supply company owner, according to a news release from the U.S. Department of Justice.

The equipment supply company owner was convicted in 2016 and sentenced to six years and eight months in prison. Evidence showed she caused Medicare to pay more than $3.2 million for unnecessary equipment from 2004 to 2009, based on illegal referrals.

The New Orleans woman apparently provided information about Medicare beneficiaries and got doctors to sign order forms for the unnecessary equipment, according to the statement. She was convicted on two counts of conspiracy, two counts of health care fraud and five counts of receiving health care kickbacks.

When the government investigates you for Medicare fraud, you need to know that they have a huge amount of resources at their disposal. The FBI, the HHS Office of Inspector General (OIG), the Centers for Medicare & Medicaid Services (CMS), the Medicaid Fraud Control Unit, and federal and state prosecutors are simply a few of the entities that will be involved in mounting a case against you.

An investigation is a serious matter that you must take seriously. You must retain the legal help of an experienced criminal defense attorney who understands the complex health care laws and regulations. Our Florida Medicare Fraud Defense Lawyers at Whittel & Melton are highly experienced trial attorneys that will fight to protect your rights.

Published on: April 2, 2018

Megachurch Pastor Charged with Defrauding Elderly Investors

by Whittel & Melton, LLC

Federal authorities have charged the pastor of a Texas megachurch and a Louisiana financial planner with defrauding elderly investors out of more than $1 million.

The two men were charged Friday with six counts of wire fraud and five counts of money laundering, as well as one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering.

The Securities and Exchange Commission has also filed civil charges against the men for the alleged fraud, which occurred from 2013 to 2014.

One man, 64, is the senior pastor of a church Houston, which is described by the SEC as “one of the largest Protestant churches in the U.S.” The Louisian man, 55, is the manager of a financial group in Shreveport.

They’re accused of bilking 29 mostly elderly investors by selling them Chinese bonds issued before the revolution of 1949, saying that their historical value made them “worth tens, if not hundreds, of millions of dollars” according to a court document from the SEC.

The bonds have no investment value.

The SEC says the bonds have been in default since 1939, and the “current Chinese government refuses to recognize the debt.”

The funds collected were used to pay for personal expenses, including mortgage payments and luxury automobiles.

The DOJ says they allegedly defrauded the investors out of more than $1 million. The SEC places that figure higher, at $3.4 million.

The maximum sentence, if they’re convicted, is 20 years with a $1 million fine, as well as restitution and forfeiture, according to the DOJ.

The crime of money laundering uses financial transactions to conceal the origin of money obtained through illegal activity, to make it appear that the money came from a legitimate source. This is a very serious offense that can carry severe penalties, including steep fines and jail time if you are found guilty.