Attorney General Pam Bondi’s Office of Statewide Prosecution today announced the arrest of a man wanted in connection to drug diversion schemes after five years on the run. The Florida Department of Law Enforcement arrested Gil Hevia, 47, this week in Orlando.
Hevia is involved in a drug diversion enterprise operating in Florida, Puerto Rico and Texas, involving the buying and selling of more than $40 million in black market pharmaceuticals. These drugs included anti-depressants, anti-psychotics and HIV medications.
Additionally, Hevia is involved in a separate but similar multistate drug diversion ring that orchestrated the purchase of millions of dollars of medications on the black market. This criminal enterprise operated from Florida to Tennessee, Michigan, Connecticut, Massachusetts, New York and New Jersey. The defendant purchased the black market drugs primarily from Medicaid recipients in Florida and New Jersey, and then resold the drugs to pharmacies in the Northeastern United States.
Attorney General Bondi’s Medicaid Fraud Control Unit, with the assistance of the Florida Department of Law Enforcement, investigated both cases. For more information about these cases, click here and here.
Between the two cases, Hevia faces several felony charges related to trafficking in contraband prescription drugs, Medicaid fraud, money laundering and organized scheme to defraud. If convicted of all charges, Hevia faces up to 375 years in prison. Attorney General Bondi’s Office of Statewide Prosecution will prosecute these cases.
Attorney General Pam Bondi
KKK Members Convicted in Plot to Murder Former Inmate
Attorney General Pam Bondi’s Office of Statewide Prosecution has secured the conviction of two members of the Traditionalist American Knights of the Ku Klux Klan for conspiracy to commit first degree murder. A Columbia County jury found David Elliot Moran, 49, and Charles Thomas Newcomb, 45, guilty of one count each for plotting to kill a former inmate.
The convicted were arrested in 2015 along with defendant Thomas Jordan Driver, 27, following an investigation by members of the North Florida Joint Terrorism Task Force, led by the Federal Bureau of Investigation and Homeland Security Investigation, with assistance from additional federal, state and local law enforcement agencies. The joint investigation revealed that Newcomb, Moran and Driver enlisted an FBI informant to kill a former inmate as retaliation for a fight between the former inmate and Driver. The murder plot was captured on recorded conversations between the three subjects and the FBI informant.
At the time of the murder conspiracy, Driver and Moran were correctional officers for the Florida Department of Corrections, and Newcomb was a former correctional officer. In March 2017, Driver pleaded guilty to one count of conspiracy to commit murder and was sentenced to four years in prison.
“These Klansmen plotted to murder a black inmate after he was released from prison, but swift action and clever investigative tactics on behalf of investigators foiled their plot and may have saved a life,” said Attorney General Bondi. “We will continue to work daily to ensure the KKK or any other hate-filled organization is unable to inflict violence on the citizens of our great state.”
“This case would not have been possible without the collaboration of our partnering law enforcement agencies,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “We commend the members of the North Florida Joint Terrorism Task Force (NFJTTF) who combined their talents, skills, and knowledge to work as a cohesive team and successfully disrupt this conspiracy.”
“These men had positions of trust, which they violated when they conspired to kill a former inmate, and we worked closely with our law enforcement partners to ensure they are held accountable for their crimes,” said HSI Tampa Special Agent in Charge James C. Spero.
Attorney General Bondi’s Office of Statewide Prosecution prosecuted the case. Members of the Joint Terrorism Task Force that participated in the investigation include the Federal Bureau of Investigation Jacksonville Division, Homeland Security Investigations, Florida Department of Corrections Office of Inspector General, U.S. Citizenship and Immigration Services, Naval Criminal Investigative Service, U.S. Immigration and Customs Enforcement, Florida Department of Law Enforcement, Florida Highway Patrol, U.S. Customs and Border Protection, Jacksonville Sheriff’s Office and the St. Johns County Sheriff’s Office.
Attorney General Bondi Activates Price Gouging Hotline
Attorney General Pam Bondi today activated Florida’s price gouging hotline for consumers in multiple Florida counties. The opening of the hotline comes as Governor Rick Scott declares a state of emergency in 31 counties in preparation for Tropical Storm Emily. Florida’s price gouging law only applies within the area of the declared state of emergency.
State law prohibits extreme increases in the price of essential commodities, such as food, water, hotels, ice, gasoline, lumber and equipment, needed as a direct result of an officially declared emergency. Anyone who suspects price gouging during this declared state of emergency should report it to the Attorney General’s Office by calling 1-866-9-NO-SCAM.
Violators of the price gouging statute are subject to civil penalties of $1,000 per violation and up to a total of $25,000 for multiple violations committed in a single 24-hour period. In addition to the civil penalties for price gouging, state law criminalizes the sale of goods and services to the public without possession of an occupational license. Violators of the law can be charged with a second-degree misdemeanor.
Specifically, Florida Statute 501.160 states that during a state of emergency, it is unlawful to sell, lease, offer to sell, or offer for lease essential commodities, dwelling units, or self-storage facilities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency, unless the seller can justify the price by showing increases in its prices or market trends.
For more information on price gouging, please click here.
Avis Budget Agrees to Change Billing Practices for Cashless Tolls
The Florida Attorney General’s Office obtained a court enforceable settlement agreement with Avis Budget Car Rental System, LLC which owns the Avis, Budget and Payless car rental companies. The settlement agreement resolves an investigation by Attorney General Pam Bondi’s Office regarding Avis, Budget and Payless’ practices involving add-on fees for cashless tolls in Florida and other related add-on charges.
Attorney General Bondi’s Office investigated allegations that Avis, Budget and Payless did not sufficiently disclose to consumers that they would be charged a daily fee for the companies’ e-Toll service, in addition to the cost the customer incurs for a toll on a cashless toll road. The rental companies imposed this charge for each day of the rental, even on days the customer did not use a cashless toll road. Unaware of the e-Toll fee or how to avoid it, many consumers received bills from Avis, Budget or Payless four to six weeks after concluding their rental, advising of the additional charges owed.
The settlement agreement requires Avis, Budget and Payless to clearly and conspicuously disclose its $3.95 per day charge to consumers who rent an Avis, Budget or Payless car. The companies must clearly disclose on their websites, in their online reservation paths, in their confirmation emails and at the rental counter the existence of the $3.95 per day charge as well as how consumers can avoid this charge.
The companies must also train employees to ensure they are not telling consumers that the only way to pay for tolls in Florida is through their e-Toll system, or telling consumers that all toll roads in Florida are cashless. Additionally, the companies are required to provide consumers with truthful information about damage waiver products. The rental car companies must clearly and conspicuously disclose the cost of any damage waiver product and cannot impose a damage waiver fee when the consumer has declined coverage. The companies also may not charge consumers for a higher car class when the car class reserved by a consumer is unavailable, and the per day cost of any car class upgrade must be clearly and conspicuously disclosed.
Since the Attorney General’s Office commenced its investigation, Avis, Budget and Payless have provided more than $1 million in refunds to consumers. The settlement further requires the three companies to provide refunds to any consumers charged for e-Toll without sufficient disclosures who have not already been reimbursed and who file a claim for a refund. The consumers must have been wrongfully charged for e-Toll by Avis, Budget or Payless during the period Jan. 1, 2010 through July 10, 2017, and all claims must be filed by Jan. 7, 2018. To file a claim, please click here.
To view the settlement agreement, click here.
Attorney General Bondi Recognizes July as Month of the Military Consumer
In recognition of the National Month of the Military Consumer, Attorney General Pam Bondi is highlighting the office’s most recent efforts to protect military members and veterans from scams. In May, Attorney General Bondi launched a new program to serve the unique consumer protection needs of Florida’s military and veteran communities.
“Although we will never be able to fully thank the men and women of our military and the loved ones who support them, my office will continue to protect them from unscrupulous businesses and individuals here at home,” said Attorney General Bondi. “In recognition of the Month of the Military Consumer, I am encouraging military consumers and their families to visit MyFloridaLegal.com/MVAP to learn more about our new Military and Veterans Assistance Program.”
Attorney General Bondi’s Office created MVAP to help educate service members and veterans on the types of scams that target their communities, what they can do to protect themselves and how they can help protect others by reporting scams and deceptive business practices. Some of the most common scams that fraudsters use against service members, veterans and their families include debit and credit scams, housing-related scams, charity and non-profit scams, false affiliation with the military and benefits-related scams.
If someone from an organization would like to speak with a member of the MVAP team to learn more about the program, please email [email protected].
Consumers who believe they have been a victim of a scam or other fraudulent activity may file a complaint by calling (866) 9-NO-SCAM or by visiting MyFloridaLegal.com/MVAP.
Attorney General Bondi also encourages service members, veterans and their families to review the office’s Military Consumer Protection Resource Guide.
Attorney General Bondi’s Fourth of July Statement
Attorney General Pam Bondi released the following statement in recognition of Independence Day:
“Two hundred and forty-one years ago, our Founding Fathers signed the Declaration of Independence to ensure our right to life, liberty and the pursuit of happiness. Since that historic day, generations of military men and women have sacrificed everything to protect those rights. It is because of their service that we are able to enjoy this nation’s freedoms and privileges today. So this Fourth of July, as we celebrate our great democracy, let us also honor those brave Americans who have and continue to serve our country.”
Attorney General Bondi’s MFCU Wins Top Award for Fighting Waste, Fraud and Abuse
The U.S. Department of Health and Human Services Office of Inspector General today awarded Attorney General Pam Bondi’s Medicaid Fraud Control Unit its top award for fighting fraud. The HHS OIG selected Attorney General Bondi’s MFCU from 50 units nationwide for success fighting fraud and recovering hundreds of millions of taxpayer dollars. The MFCU today received the Award of Excellence in Fighting Fraud, Waste, and Abuse at the 2017 Honor Awards Ceremony in Washington D.C.
“Since taking office my Medicaid Fraud Control Unit has recovered nearly $700 million in stolen Medicaid funds for Florida taxpayers, and I am honored that our office is being recognized nationally for the investigative and prosecutorial work we do daily to protect taxpayer money and ensure justice is served,” said Attorney General Bondi.
Attorney General Bondi’s MFCU, led by Director James Varnado, is also being recognized for great collaboration with HHS and other federal agencies, including the Federal Bureau of Investigation. Last year, working with HHS, FBI, U.S. Department of Justice and additional federal and state law enforcement agencies, the MFCU helped execute the largest Medicare and Medicaid fraud takedown in United States history. As part of this coordinated takedown, the MFCU charged six individuals involved in schemes causing more than $17 million in fraudulent billings. In total, the joint investigation identified more than $200 million in fraud that resulted in more than 100 arrests in Florida.
The MFCU continues to work with federal partners to recover stolen Medicaid funds and prevent millions of dollars in potential future fraud. In 2011, HHS certified the Florida MFCU as the first unit in the country with the authority to conduct data mining to find and stop Medicaid fraud. Now, the Florida MFCU is one of only nine units in the country with OIG approval to data mine billing practices of Medicaid providers, such as hospitals, doctors and pharmacies.
A report released earlier this year, highlighted more than $165 million in total recoveries obtained by the Florida MFCU during the 2016 Fiscal Year, the second highest in the nation.
Florida Attorney General Pam Bondi’s Medicaid Fraud Control Unit investigates and prosecutes providers that intentionally defraud the state’s Medicaid program through fraudulent billing practices. Medicaid fraud essentially steals from Florida’s taxpayers. From Jan. 2011 to the present, Attorney General Bondi’s MFCU has obtained nearly $700 million in settlements and judgments. Additionally, the MFCU investigates allegations of patient abuse, neglect, and exploitation in facilities receiving payments under the Medicaid program,
Attorney General Bondi Recognizes One Year Anniversary of the Pulse Nightclub Attack
Today marks one year since the deadly attack at the Pulse nightclub in Orlando; the worst terrorist attack on the United States since 9/11.
“One year ago today, tragedy struck our state in the form of a cowardly act of hatred and violence. Tragically, 49 innocent people were killed in the Pulse night club attack and 58 more were injured. Today we honor the memory of those lost and the bravery of the citizens and first responders who ran toward the danger to help save lives. As we were assisting victims of the Pulse night club shooting, I was inspired by the outpouring of support from the people of Orlando and around the world for the victims, their families and our entire LGBTQ community,” said Attorney General Bondi. “Our state is still healing from this tragedy and my office continues to help victims and families receive the services that are still needed, but we remain united in peace against hatred and terror.”
Since the attack, Attorney General Bondi’s Division of Victim Services has distributed almost half a million dollars to pay medical bills, funeral expenses, counseling and other victim-related services.
As of May 31, 2017, Attorney General Bondi’s Office paid the following claims:
- 49 funeral and burial claims, $287,145.42;
- 155 mental health claims, $43,946;
- 91 medical and dental treatment claims, $105,512;
- 31 victim wage loss claims, $36,261; and
- 2 loss of support claims, $25,000.
Earlier this year, Attorney General Bondi obtained an $8 million grant from the U.S. Department of Justice to further assist Pulse victims. The funding will go directly to victim service costs in the immediate aftermath of the shooting. The remainder of the funds will ensure victims, witnesses and first responders are still receiving essential services such as mental health counseling.
Attorney General Bondi and FTC to Hold News Conference in Tampa
MEDIA ADVISORY
Attorney General Pam Bondi and the Federal Trade Commission will be hosting a news conference on Friday, May 12, 2017 in Tampa. Attorney General Bondi will be announcing new and continued efforts to crack down on tech support scams in Florida and nationwide.
WHO: Attorney General Bondi and the Federal Trade Commission
WHAT: News Conference
WHEN: Friday, May 12, 12:00 p.m.
WHERE: Florida Attorney General’s Office
3507 E Frontage Road
Suite # 325
Tampa, Fla. 33607
Heroin Trafficker Sentenced to 25 Years in Prison
Attorney General Pam Bondi today announced the sentencing of a heroin trafficker arrested during a massive drug bust in 2016. A Bradenton jury today found Michael Brian Brooks guilty of conspiracy to traffic heroin, 28 grams or more. The Honorable Stephen Dakan, Senior Judge for the 20th Judicial Circuit, sentenced Brooks to 25 years in prison and ordered Brooks to pay a $500,000 fine. Attorney General Bondi’s Office of Statewide Prosecution prosecuted Brooks and is prosecuting the remaining defendants connected to the investigation.
“Our nation is in the grip of a national opioid epidemic that is claiming the lives of Floridians—and we will not tolerate anyone selling heroin or any other illicit drugs in our state,” said Attorney General Bondi. “I want to thank my Office of Statewide Prosecution, the Drug Enforcement Administration and our local law enforcement partners for the great teamwork that lead to today’s prosecution and sentencing.”
The massive drug sweep that led to the arrest of Brooks and 14 other defendants took place in February of 2016, and targeted heroin trafficking in the Tampa Bay region. Attorney General Bondi’s Office of Statewide Prosecution, the DEA, the Bradenton Police Department, the Manatee County Sheriff’s Office, the Sarasota County Sheriff’s Office and the State Attorney’s Office for the 12th Circuit conducted the yearlong joint investigation.
During the investigation, font-family: Arial; font-size: medium;”> law enforcement font-family: Arial; font-size: medium;”> seized large amounts of cocaine, fentanyl and heroin. The heroin seized has an estimated wholesale value of more than $250,000. The cocaine is valued at more than $100,000. Investigators also seized firearms, a hundred hydromorphone pills and more than $320,000 in cash and assets. The defendants are from Manatee, Hillsborough, Orange, Pasco and Pinellas Counties.
For more information on the joint investigation, click here.
Brooks is the first of the 15 defendants to take the case to trial. Four other defendants involved in the drug trafficking ring previously entered pleas and have been sentenced. Several other defendants have entered pleas and are awaiting sentencing.
