Convicted Felons Sentenced to 15 Years for Possession of a Firearm

Tampa, FL — U.S. District Judge James D. Whittemore sentenced Leonard Smith (50, Tampa) and Rhonda Parks (43, Tampa) each to fifteen years in federal prison for being felons in possession of a firearm. They were both ordered to serve a five-year term of supervised release upon completion of their prison sentences. Smith and Parks both pled guilty in March 2012.

According to court documents, on July 13, 2011, an anonymous caller provided information to the Tampa Police Department (TPD) Rapid Offender Control (ROC) Squad regarding criminal activity taking place at a motel in Tampa located on Nebraska Avenue. Officers responded and observed Smith and Parks together at the motel. Officers watched them exit a room at the motel. During a subsequent search of that motel room, officers found a small amount of crack cocaine, some counterfeit crack cocaine, and a loaded .22 caliber Beretta pistol. Both Smith and Parks admitted to possessing the gun. Smith and Parks are both previously convicted felons, and therefore prohibited from possessing a firearm or ammunition.

This case was investigated by the Tampa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Thomas N. Palermo.

It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program – a nationwide, gun–violence reduction strategy led by ATF. United States Attorney Robert E. O’Neill, along with Virginia O’Brien, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

Tampa Woman Pleads Guilty to Tax Fraud and Identity Theft

TAMPA—Arswaya Ralph (33, Riverview) pled guilty today to filing a false claim with the Internal Revenue Service and identity theft. She faces a maximum penalty of five years in federal prison for the false claim charge and 15 years in federal prison for the identity theft charge.

According to the plea agreement, on June 2, 2011, law enforcement officers executed a search warrant at Ralph’s home in Riverview. The search warrant was predicated upon an investigation that established that Ralph and others were filing fraudulent federal income tax returns with stolen identities, in order to obtain refunds from the Internal Revenue Service. The investigation also revealed that Ralph attended and hosted “Drop Parties” during which she and others electronically filed numerous fraudulent income tax returns simultaneously.

During the search of Ralph’s residence, law enforcement agents recovered approximately $31,387 in U.S. currency, approximately 42 reloadable debit cards, two laptop computers, and approximately 12 handwritten ledgers. The ledgers contained numerous individuals’ names, dates of births, Social Security numbers, personal identification numbers for online tax filing services, and other financial information including bank account and routing numbers. Agents also seized designer clothing, shoes, luggage, handbags, electronics, and a pink firearm. The total value of the items seized substantially exceeded Ralph’s buying power based upon her reported legitimate income of $0 for the 2011 tax year.

Ralph admitted that she had been filing fraudulent tax returns using other people’s names and identifying information since approximately August or September 2010. She further stated that, among other things, she had purchased a 2010 Buick Lacrosse with the fraudulent refund monies.

At least 65 fraudulent tax returns for the 2010 tax year, which were electronically transmitted and accepted for filing with the IRS, were found on Ralph’s laptop computer. These 65 false claims resulted in an intended loss of $467,781. The names and Social Security numbers listed on these 65 fraudulent returns were also found in one of the ledgers recovered from Ralph’s bedroom during the search.

This case was investigated by the United States Secret Service, the Internal Revenue Service-Criminal Investigation, and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Mandy Riedel.

This case is being prosecuted as part of Operation Rainmaker, a coordinated effort by various federal and local law enforcement agencies to combat the filing of false tax returns in the Tampa Bay region. Agencies participating in Operation Rainmaker include the U.S. Attorney’s Office for the Middle District of Florida, the U.S. Secret Service, IRS, the United States Postal Inspection Service, the Federal Bureau of Investigation, the Tampa Police Department, and the Hillsborough County Sheriff’s Office.

Tampa Woman Arrested for Tax Fraud and Identity Theft

TAMPA, FL—United States Attorney Robert E. O’Neill announces the indictment and arrest of Belinda Brooks (46, Tampa) for tax fraud related activities. Brooks has been charged in a 17-count indictment. The charges include one count of filing a false tax return, six counts of theft of government property in the form of tax refunds, six counts of aggravated identity theft, three counts of making false claims in the form of fraudulent tax returns, and three counts of identity theft. The maximum federal prison sentence for each of the counts is as follows: 10 years for theft of government property, two years consecutive to any other sentence for aggravated identity theft, five years for making a false claim, and 15 years for identity theft. The indictment also notifies Brooks that the United States intends to forfeit any assets, including money, which are alleged to be traceable to proceeds of the offenses.

The indictment alleges that in addition to filing her own false tax return, Brooks stole the names and Social Security numbers of other individuals in order to file fraudulent tax returns in their names and obtain tax refunds for the tax years 2008 and 2009.

An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Internal Revenue Service. It is being prosecuted by Assistant United States Attorney Mandy Riedel.

This case is part of Operation Rainmaker, a coordinated effort among the U.S. Attorney’s Office for the Middle District of Florida and various federal and local law enforcement agencies, including the U.S. Secret Service, IRS, United States Postal Inspection Service, the Federal Bureau of Investigation, the Tampa Police Department, and the Hillsborough County Sheriff’s Department to combat the filing of false tax returns in the Tampa Bay region.

Final Robber Sentenced in Armed Robbery of Charley’s Steakhouse

TAMPA – United States Attorney Robert E. O’Neill announces that Osvaldo Yasel Martinez (27, Tampa) was sentenced today by United States District Judge Steven D. Merryday, for 2010 armed robbery of Charley's Steakhouse in Tampa. Martinez, was sentenced to 17 years and four months in federal prison.

According to court documents, on October 18, 2010, an armed robbery occurred at Charley’s Steakhouse after it had closed for the evening. The robbery had been planned by Edgar Colon, who worked at Charley’s as a dishwasher, Rogelio Torres, who had also worked at the restaurant, Kyle Anthony Larson, and Martinez. Colon had worked the night of the robbery, and had updated the others as to the situation in the restaurant prior to the robbery. He left shortly before the robbery occurred.

Larson and Martinez entered the restaurant to commit the robbery. Larson was armed with a firearm and Martinez was armed with a knife. After assaulting employees of the restaurant and robbing them, Larson and Martinez ran out of the restaurant with the stolen money and got into a vehicle driven by Torres. Tampa Police officers quickly responded to the scene and took chase as Martinez and Larson jumped into the waiting vehicle. The vehicle Torres was ultimately stopped on the Howard Frankland Bridge, where Torres and Martinez were immediately arrested. Larson, who fled from the vehicle andjumped into Tampa Bay, was later pulled from the water and arrested. A Tampa Police Department diver recovered a bag containing the proceeds of the robbery. The loaded firearm and hunting knife used during the robbery were recovered in the getaway vehicle. Colon was arrested a short time later after it was learned that he had helped plan the robbery.

On August 29, 2011, Rogelio Torres (26, Tampa) was sentenced to 11 years and nine months in federal prison and Edgar Colon (22, Tampa) was sentenced to 16 years in federal prison. On September 26, 2011, Kyle Anthony Larson (21, Tampa) was sentenced to 25 years and nine months in federal prison.

This case was investigated by TampaPolice Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Colleen Murphy Davis.

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program – a nationwide, gun-violence reduction strategy led by ATF. United States Attorney Robert E. O’Neill, along with Virginia O’Brien, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

Tampa Man Sentenced to 12 Years in Federal Prison for Six Bank Robberies

TAMPA, FL—U.S. District Judge Richard A. Lazzara sentenced Kevin James Algood (age 33, of Tampa) on Friday to 12 years in federal prison for six bank robberies. The court also ordered Algood to forfeit $8,155.00, which is traceable to proceeds of the offense.

Algood pled guilty on November 23, 2010.

According to court documents and the plea agreement, Algood committed six bank robberies between August 23 and September 2, 2010 in Hillsborough, Pasco, and Pinellas Counties:

the August 23, 2010 robbery of approximately $1,350.00 from SunTrust Bank, located at

16520 Nebraska Avenue, Lutz, Florida

, Hillsborough County, Florida;

the August 24, 2010 robbery of approximately $1,000.00 from Regions Bank, located at

22645 State Road

54, Land O'Lakes, Florida, Pasco County, Florida;

the August 25, 2010 robbery of approximately $2,909.00 from Bank of America, located at

22850 State Road

54, Land O'Lakes, Florida, Pasco County, Florida;

the August 30, 2010 robbery of approximately $2,000.00 from Bank of America, located at 15301 Amberly Drive, Tampa, Florida, Hillsborough County, Florida;

the September 2, 2010 robbery of approximately $599.00 from SunTrust Bank, located at 12902 North Dale Mabry Highway, Tampa, Florida, Hillsborough County, Florida; and

the September 3, 2010 robbery of approximately $5,805.00 from BB&T Bank, located at

14141 Walsingham Drive, Largo

, Florida, Pinellas County, Florida.

Three of those bank robberies included death threats to the tellers.

This case was investigated by the Federal Bureau of Investigation, the Hillsborough County Sheriff's Office, the Pasco County Sheriff's Office, the Tampa Police Department, and the Largo Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.

Man Pleads Guilty to Child Pornography Charges

BUFFALO, NY—U.S. Attorney William J. Hochul Jr. announced today that Brian Lee McGaughey, 47, of Tampa, Florida, formerly of Buffalo, New York, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to a felony charge of receipt of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum penalty of 40 years, a fine of $250,000 and a supervised release of not less than five years and up to life.

Assistant U.S. Marie P. Grisanti, who handled the case, stated that the defendant knowingly received on his cell phone images of child pornography of a 14-year-old minor. These images were sent by the minor victim residing in Florida to the defendant while he was in Western New York. While in Florida, McGaughey engaged in a sexual relationship with this minor for over one year. When McGaughey learned the police were looking for him, he left Florida and traveled to Buffalo. During his trip and after he arrived, McGaughey maintained electronic contact with the minor and it was during this time that he received the child pornography images on his cell phone. After approximately two weeks, McGaughey returned to Florida to pick up the minor victim and bring her back to Buffalo without her mother's consent. In an attempt to evade authorities, he purchased an airline ticket for the minor to travel to Puerto Rico where McGaughey planned to meet her at a later date. The victim was located at the Buffalo Niagara International Airport as a result of an Amber Alert. The defendant has a prior conviction in New York State for the sexual abuse of a minor.

"My office will not tolerate the exploitation of children on any level and as this case shows, we will track alleged offenders outside of the area if necessary to bring them to justice," said U.S. Attorney Hochul.

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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please www.projectsafechildhood.gov.

The plea was the culmination of an investigation on the part of the Niagara Frontier Transportation Authority, under the direction of Chief George Gast; special agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge James H. Robertson, and the Tampa Police Department, under the direction of Chief Jane Castor.

Sentencing is scheduled for Nov. 8, 2010 at 12:30 p.m. in Buffalo, New York, in front of Judge Arcara.