South Florida Criminal Attorneys Blog

South Florida Police Task Force under Money Laundering Federal Investigation

January 20, 2016 | Michael B. Cohen, P.A.

Some would say that the exclusive island village of Bal Harbour, Florida doesn’t even need a police department. With a population of just more than 2,500 residents; as of the latest census, the town’s crime rate is minimal in comparison to other parts of Miami-Dade County. In addition to its permanent residents, Bal Harbour boasts close to fifteen percent of Miami’s overall tourism (as of 2014), with luxury hotels such as The Ritz-Carlton and St. Regis as well as the world class luxury Bal Harbour Shops, Bal Harbour Beach and Haulover Beach Park.

The latest statistics show a total of two violent crimes included in the one assault and robbery that occurred, with the rate of murders and rape exhibiting at zero. There were only two vehicle thefts last year which amounts to a miniscule percentage when compared to the overall incidents of motor vehicle theft in the entire county of Miami-Dade. Complete crime statistics can be found by clicking here.

So it may seem odd that a small police agency in a town facing little crime would concoct a plan to take on the world’s most treacherous drug cartels. But in a partnership with the Glades County Sheriff’s Office that’s exactly what they did. Or did they?

Five Broward County Residents Settle Insider Trading Charges with SEC

December 19, 2015 | Michael B. Cohen, P.A.

In early November, 2011, an unnamed board member of Pharmasset Inc., a New Jersey based pharmaceutical company that developed a drug named sofosbuvir, (brand name Sovaldi) which had promising results in the treatment of hepatitis C met with members of the company’s Boca Raton based legal team and longtime advisors Robert Spallina and Donald Teascher.

Steven Rosen, CPA, a director in a Plantation based accounting firm was also present at the meeting. At the time, Pharmasset didn’t have any major drugs on the market.

The unnamed board member owned a substantial amount of his company’s stock and was discussing financial and legal advice with the lawyers and accountant regarding what he may realize monetarily from a pending buyout transaction if the company was sold. Rumors of the sale of the company had been abounding recently causing the stock price to slowly move on a slightly upward bias. During the extent of their conversation he told the three men that Pharmasset was in the advanced stages of a negotiation to sell the company.
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Four South Florida Residents Plead Guilty to Synthetic Drug Conspiracy Charges

November 17, 2015 | Michael B. Cohen, P.A.

A recent example of enforcement of these new laws is a case involving Saiful Hossain, who worked in his father’s grocery store in Hillsborough County.

In 2012, the business was selling the synthetic drug openly before new laws were enacted banning a list of the chemicals used to manufacture the synthetic drug known as Spice.

According to federal documents, on November 7 of last year, Vero Beach resident Ahmed Maher Elhelw was arrested when federal agents discovered a three kilogram package of XLR-11, a controlled substance chemical used in the manufacture of SSC (smokable synthetic cannabinoids) in his possession. The chemical was one of many that were banned by the new law implemented in 2012. Subsequent investigation uncovered approximately seven more packages, containing equal amounts. The chemical that was imported into the Vero Beach area originating in China had a projected street value of more than $5.4 million.

Elhelw was the first of four South Florida residents who was taken into custody in a conspiracy to import and distribute synthetic chemicals in a plan that was hatched by Hossain after he decided to go out on his own when his father’s grocery store stopped selling the now illegal substance.
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Synthetic Drugs: A Growing Problem in South Florida

November 2, 2015 | Michael B. Cohen, P.A.

The use of Synthetic Drugs is quickly becoming a massive problem for law enforcement as well as Health and Social Services departments across the country; and in a big way in South Florida. Specifically, synthetic marijuana known as Spice among many other labeling nicknames has contributed to a string of bizarre cases and more so, a spike in drug induced hospitalizations. Based on current statistics, Broward County has been the hardest hit municipality facing the effects of this legal dilemma.

Last month, an Alaska woman suspected of being high on Spice was arrested after she began destroying the interior of a local Subway restaurant. She tore off her clothes until she was completely naked and couldn’t hold a rational conversation with the responding officer, according to the formal complaint. She broke computers and furniture as well as ripping ceiling tiles out before locking herself in the bathroom. Damage to the restaurant was estimated at more than twenty thousand dollars. She was taken to a local hospital for treatment but Police Sgt. Shaun Henry said she would most likely face felony charges once she recovers.

South Florida Woman Pleads Guilty to Importing Synthetic Drug

October 5, 2015 | Michael B. Cohen, P.A.

Although she may not be the mastermind of the operation, twenty-two year old Jaime Nicole Lewis, of Boca Raton has been charged with conspiring to import, possess and distribute several kilos of Alpha-Pyrrolidinopentiophenon (Alpha-PVP), the main ingredient of an illegal synthetic drug manufactured in China. In street jargon, the drug is commonly known as flakka.

Early last week, Lewis pleaded guilty to conspiring to having the key flakka ingredient imported into the country although she maintains that her role was only acting as a type of accountant responsible for taking care of the “money aspect” for the illegal operation she was charged with being a part of.

She’s been held in federal custody since late April when U.S. Magistrate Judge Dave Brannon said that Lewis posed a danger to the community. She was previously arrested multiple times for possession of marijuana; the last arrest a more serious charge of possession with intent to distribute to a minor in a case which is still ongoing in Broward County.

The judge stated that “the major problem I have with the situation is the repeated encounters Ms. Lewis has had with the court system, which apparently don’t teach her anything.”

Five Arrested in South Florida Health Care Conspiracy Scheme

September 6, 2015 | Michael B. Cohen, P.A.

A South Florida woman is the alleged leader in a healthcare fraud conspiracy that’s cost the state’s Medicaid program more than $2.7 million, according to federal prosecutors.

Irma Davidian, of Boca Raton, through her husband David’s company American Advisory Associates has been accused of being the key player in a scam that involved payments to employees of the Department of Children and Families as well as the Social Security Administration in exchange for submitting fraudulent applications on behalf of her client base which she attained by advertising in newspapers.

According to court documents, Davidian ran ads in local publications claiming she could acquire government benefits such as food stamp and Medicaid benefits no matter what an individual’s circumstances were. Her fee for this service varied from $2,000 to $5,000.

Her main contact at the Florida Department of Children and Families (DCF) was Gladys Roman, who worked as an as an interview clerk for the agency. Roman was paid by Davidian to submit falsified documentation that would give Davidian’s clients a much greater chance for their applications to be approved. She entered the data from her home computer, as well as from a local library. After the information was inputted she would inform another employee, George Lopez, which of the applications needed to be approved. Since cases were assigned at random, if Lopez found applications assigned to other case workers he easily overrode the assignment of the case and reassigned the applications to his oversight by accessing a department computer within the DCF system. Both suspects are residents of Pompano Beach.

According to the U.S. Attorney’s Office over a period of about two years, Davidian paid both Roman and Lopez approximately $1,000 a month for their role in the fraud.

Similarly, Davidian had two connections that worked as claims representatives for the Social Security Administration. In the same type of setup, Maria Sanchez of Pembroke Pines and Alejandro Lomoso of Southwest Ranches both employees’ of the SSA accepted payments from Davidian of $15,000 and $9,500 respectively for processing modified applications over approximately the same period of time.

All in all, Davidian is charged with conspiracy to commit bribery in programs receiving federal funds, commit health care fraud, and conspiracy to give a gratuity to a public official. Roman, Lopez, Sanchez and Lomoso are all charged with conspiracy to commit bribery in programs receiving federal funds and commit health care fraud.

Davidian faces a 10-year prison sentence and a fine of up to $500,000. Her subordinates all face a five-year prison sentence and a fine of up to $250,000 each.

Many of her clients from Dade, Broward and Palm Beach Counties have also been arrested and charged with Medicaid Fraud. Thirteen of her clients were arrested in July. Among them is former NHL hockey player Sergei Berezin and wife Lyudmila Ustakova who are currently residing in Boca Raton. According to authorities, the pair deceptively billed Medicaid more than $67,000 between 2010 and 2013, with falsified documents acquired through Davidian’s scheme and were arrested on two counts of fraud. Four other Russian immigrants were also arrested in the sting.

Berezin owns a house valued at close to $1 million. He told a confidential informant during the undercover investigation that his income was approximately $100,000 annually from rental properties and fees paid to him for training hockey players.

Berezin played for numerous International, American and Canadian hockey teams between 1990 and 2004. He also played in International championship games including the 1994 Olympics for Russia. His most notable moment on the ice was when he scored the 10,000th home ice goal for the Montreal Canadiens in 2002.

To read an article about the charges against Berezin and his wife, written on palmbeachpost.com that was originally posted as a blurb on my Google+ page, click here and scroll down to the 7/29/15 entry.

After being found Not Guilty on State Sexual Abuse Charges, the Feds Take Over

August 16, 2015 | Michael B. Cohen, P.A.

As is explained on my Website, under a section titled “How do you know if the crime you are charged with is federal?” the government can take interest in cases that do not usually appear to apply under federal jurisdiction just because they become absorbed in a case being pursued by the state. One cause where this may also occur involves crimes against children.

Jeffery London, a so-called trusted member of the Broward County community was first arrested after sexual molestation charges came to light from one young man who was twenty years old at the time the complaint was alleged in 2012. In total, London was facing 27 counts of abuse.

London was a youth counselor with the Boys & Girls Club in Broward County in the 1990s as well as being a youth pastor at Bible Church of God in Fort Lauderdale. At one time, he was also a dean of students at Eagle Charter Academy in Lauderdale Lakes.

The unnamed young man accused London of sexually abusing him over a ten-year period when he moved in with London during a time when his natural mother was undergoing financial difficulties. The minor was between five and six years old at the time when he took up residence with the pastor.
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After the first of these allegations was charged, nine more victims came forward accusing London of raping them when they were under his care.

At his first trial in March, 2014, the prosecution spoke in detail of the instances of many cases of sexual abuse that the youths encountered, and expressed to the jury what was believed to be overwhelming evidence of incriminating text messages. Several accusers took the witness stand with what appeared to be damning testimony. When taking the stand, Clive Lowe, who used to live with the defendant, told the jury that London asked him how long he thought most people kept their text message history.

One of his accusers was asked by the prosecution what he received in exchange for the “sexual favors”. He testified that London gave him gifts such as candy, money, sometimes entertainment games, and clothes. When the prosecutor pressed the witness about how much money was exchanged he replied “the most like $300 to $400.”

When London took the stand, he repeatedly denied all charges. His attorney mentioned all his accusers by name, asking London if he molested them, each time receiving the same emphatic answer of no. London continued his testimony by implying that his confronters “were upset at being evicted from the home he provided for them;” an unlicensed foster home nicknamed London’s Hotel, when they refused to follow his rules which included not smoking, attending school and following a curfew.

During deliberations, what may have been a turning point in the jury”s ultimate decision was when they questioned the judge about the definition of “reasonable doubt.” In answer, the judge told the jury that they should go back and re-read the jury instruction. When they completed deliberations, just after 2:00 that afternoon, they returned a verdict of not guilty for all twenty seven counts.

Despite the riveting testimony from four of the now grown men who testified that London molested them as children, the jury apparently wasn”t convinced, and may have believed that reasonable doubt indeed existed. London”s defense attorney was quoted as saying “I think it came down to no physical evidence.”

Although found not guilty by the Broward Circuit Court jury, London was not released from jail as he will have to face a separate trial charging him with the same allegations by four other men that claim he sexually abused them when they were minors.

But in December of last year the federal government took an interest in the case.

The government first asked the state to delay the case and then had the state drop the remaining charges against London in an agreement to indict him in a new federal case. The sole federal charge in the new proceeding would be using a cell phone to entice a teenage boy into sexual activity with him. The boy is London”s distant relative.

The new trial began in a Fort Lauderdale federal courtroom in mid-June.

The new federal charge is not considered violative of the Double Jeopardy clause of the Federal constitution because the elements of the lone federal count are different then the elements of the previous 27 State charges and was being prosecuted by the federal government as a dual and independent sovereign according to legal experts.

U.S. District Judge William Dimitrouleas heard opening arguments from the government and the defense immediately upon the conclusion of jury selection. The alleged victim spoke for nearly an hour. When asked how the abuse began, he said “One day, it just got weird… I didn’t say nothing [sic]. I didn’t know how to react. I didn’t know what to do.”

He went on to say that what began as disciplinary visits transformed into belt “whoopings,” then moved on to forced oral sex and then a one-time anal-sex encounter that he got paid for. He also said that he was given video games, movies, his first cellphone, and new clothes in exchange, or as a reward. He also said that he remembered the first time it happened when he was about seven years old. London invited him to sleep in his bed, putting his arms around him and then began licking his ear and neck. He went on to say that London then pulled his pants down, hugged him forcefully, and pushed down the top of his head showing him how to perform oral sex.

The prosecuter for the government stated that “under the guise of providing a safe haven for children in need, the defendant, Jeffery London, preyed upon the very children that he convinced everybody that he was helping.” She continued by saying that he did so by the use of “lies, trickery, deceit, coercion and instilling the fear of God in his victims.”

The Assistant Federal Public Defender argued that London was an “extraordinary youth minister who acted as a role model for troubled boys… He wanted to do something about the lack of father figures in young men’s lives… He taught them how to be responsible, he made sure they got an education and he taught them how to be men … and he’s repaid by these accusations.”

The defense attorney also introduced evidence of London’s alleged victims pending civil lawsuit at the time of the federal trial indicating the alleged former victims in the State’s unsuccessful prosecution were expecting a big payday in the pending civil lawsuit.

The text messages will also be introduced as evidence as the case continues. Check back here for further updates.

Principal Defendant’s Wife in Grand Theft Fraud sentenced to nearly 5 years

July 13, 2015 | Michael B. Cohen, P.A.

In a scheme that bilked an elderly man out of over a quarter million dollars, a Broward jury found Matthew Stevens not guilty of the crime after deliberating for only a little more than five hours. This was Stevens’ second trial for the crime, the first one resulting in a hung jury.

But here’s the rub. Gina Stevens, the defendant’s common law wife under their shared Gypsy culture tradition who had three children with the defendant did not fare as well as her husband, once he was acquitted of the crime. They were both charged with grand theft but Mrs. Steven’s had no deal in place for testifying against her husband.

Broward Circuit Judge Barbara McCarthy sentenced Gina Stevens to 56 months in prison with 627 days credit for time served. She also ordered her to pay restitution of the $270,000 that was fleeced from the elderly victim.

The jury concluded that the victim, Charles Haas, a 91 year old World War II veteran from Hollywood was conned into giving the money to Mrs. Stevens under false pretenses. However, they apparently didn’t believe that her husband was the mastermind of the plot.

According to the prosecution as well as Mrs. Stevens’ testimony, her husband was the architect of the scam.

Gina befriended Haas in 2012, telling him she was a single mother of three who was recently widowed when her husband was killed in a car accident in Michigan. She claimed her name was Tiffany Williams. She told him she owned property in Chicago which was under government liens. Haas agreed to give her the money to pay off the holds on the property and testified in court that he expected to have the money returned to him after she sold the real estate.

Haas also testified that he previously helped secure an apartment for “Tiffany” in 2013 because she led him to believe that her landlord was increasing her rent by one hundred percent. He also bought her clothing and jewelry. It was around that time that he was introduced to Matthew Stevens who she deceptively told him was her cousin, also convincing him that he was gay.

As it turned out, the property in Chicago never existed; as was emphasized by the prosecution in their closing arguments, also declaring that Mrs. Stevens separated Haas from his entire life savings in the amount of approximately $280,000. The entire time period that all these events transpired was under four months.

But Mr. Steven’s defense lawyer told the jury that the facts showed that the prosecution had failed to prove a crime was even committed. He pointed out that Haas was of sound mind and body when he “lent” the money to his client’s wife, pointing out that he had no history of diminished mental capacity or dementia, and furnished the money eagerly, believing his generosity was advancing a romance with a younger woman. It was summed up by the defense as “a loan that didn’t work out”. He also went on to say that even if the jury concluded a crime was committed there was no proof that Mr. Stevens was aware of his wife’s actions and that the proceeds were given to Mrs. Steven’s mother and sister and not Mr. Stevens, according to his defense attorney.

The prosecutor responded to the defense attorney’s assertion by proclaiming to the jury “If you believe that, I’ve got a bridge to sell you in Brooklyn… or a property in Chicago.”

In the end, the jury did believe a crime was perpetrated but could not connect the dots to convict Mr. Stevens of any wrongdoing for the second time. During the first trial he testified that he didn’t even know how much money his wife received from the victim.

But Mrs. Steven’s testimony/confession sealed her fate.

The money hasn’t been recovered and Haas doesn’t expect he’ll ever see the restitution ordered by the judge. When he took the stand he told the court that Gina Stevens ruined him financially and is bitter that Mr. Steven’s was not convicted the first time. His final beseeching words after the hearing were “I’m broke. I’m living in poverty… So how do I get welfare?” Haas’ daughter Mona was quoted as saying “People have to be vigilant… They can’t be so trusting.”

Judge Affirms 6-3 Vote for Death Sentence of Miami Handyman for 2005 Murder

June 8, 2015 | Michael B. Cohen, P.A.

In November of last year, a jury found Rafael Andres guilty of the first-degree murder of Ivette Fariñas, a waitress who worked at Miami International Airport. He was also found guilty of first-degree arson for the fire he set in her home in his attempt to destroy the evidence of the crime he committed, as well as robbery with a weapon, and burglary with battery.

The evidence against the handyman was damning to say the least. Moments before the victim’s home went up in flames a neighbor identified him fleeing from the premises with a gas can in his possession. Secondly, a washcloth, covered with blood that contained DNA that matched his was found in close proximity to the body, not destroyed by the fire. It was also discovered that after the time of Fariña’s death, Andres used her debit card to make cash withdrawals from an ATM, make purchases at a Home Depot, fill up his car with gasoline, and book a room at the Miccosukee Resort and Casino.

This also was not the first time that Andres was found guilty for a homicide charge.

Almost thirty years ago he was convicted for the fatal beating and stabbing death of Linda Azcarreta who was an apparent friend of his at the time of the homicide. Azcarreta’s son Rene, who was seven years old at the time of the crime, found his mother’s body in their Miami home. Now, thirty-five years old he was present at the sentencing for Andres’ current crime and broke down when the details of his mother’s murder were discussed during trial. He was comforted by Luisa Moya, the 63 year old mother of Andres’ latest victim.

However, Andres who agreed to a plea agreement of nine years for the first homicide only served eighteen months in prison for that crime based on good behavior as well as the then-overcrowded prison system.

After hearing all the evidence against Andres in the primary trial for the killing of Fariñas, it took the jury approximately nine hours of deliberations to return a verdict of guilty of all charges listed in the criminal complaint against him.

A month later, during the penalty phase, the jury recommended that Andres be put to death by a vote of 9-3. Florida is the only state in the nation where only a simple majority is required for a sentence of death to be instituted. Early last month, Miami-Dade Circuit Court Judge Dava Tunis affirmed a resounding confirmation by formally sentencing Andres to death fulfilling the wishes of the majority of jurors.

She spoke directly to Andres as she handed down his sentence stating “As you tightened the cord around her neck, she was alive. She was losing her ability to breath. Duct tape was tightened around her nostrils while you deliberately, atrociously and cruelly tightened that cord around her neck.”

This story was first reported on my Google+ page on May 6, 2015. To read my post along with the corresponding newspaper article associated to it click here and scroll down to the matching date.

Although Andres will be jailed directly, it will likely take many years before he faces the ultimate legal penalty. The last person to be executed in Florida for a capital crime was Johnny Shane Kormondy, who was convicted as the leader of a home invasion robbery where a banker from the Florida panhandle was murdered and his wife was raped in July, 1993. He was sentenced eleven months later. From the commencement of his incarceration he filed numerous appeals through his attorneys’ including a last minute appeal that delayed his execution by nearly two hours but was ultimately denied by the Supreme Court. He was executed on January 15, 2015, more than twenty years after his sentence was imposed.

At the time of the writing of this blog post, twenty two persons have been executed in the State of Florida during the twenty-first century. The next person in line for execution is Jerry William Correll. Correll was sentenced to death nearly thirty years ago for the murders of his ex-wife, her mother and sister, as well as his daughter in a brutal stabbing frenzy. However, in this case, the execution has been stayed pending a US Supreme Court decision which will hear a case involving lethal injection protocol due to a botched execution in Oklahoma. The Florida Supreme Court said it “must err on the side of extreme caution” and decided to stay the execution until the opinion of the highest court is decided since Florida uses the same method.

To read further about capital crimes, visit this page on my Website. The definition as well as an explanation of the two-phase process can be found along with my personal experience and the history of capital punishment accessible by the link at the bottom of the page.

Miami Resident Arrested in $100 million Venezuelan Money Laundering Scheme

May 18, 2015 | Michael B. Cohen, P.A.

Venezuela has recently been experiencing a shortage of all foreign currencies due to a substantial drop in oil prices, the country’s central source of US dollars. It has gone through an economic contraction of close to three percent and is fighting a very high rate of inflation which is currently more than sixty percent.

Because of these financial difficulties, the government-determined exchange rate of the Bolivar, (Venezuela’s currency) has skyrocketed from approximately 4.25 Bolivar for 1 US dollar in 2013, to the current 6.29-1 legal rate of exchange (Source: Bloomberg 5/15/2015).

But the rate of exchange on Venezuela’s black market dwarfs the legal rate as US dollars become more precious to purchase items considered to be “essential goods” such as food and medicine that are not manufactured in Venezuela. These items make up around seventy percent of all imported products. The difference between the official exchange rate and the black-market rate can be up to as much as an exorbitant one-thousand percent. Recently, one U.S. dollar could be exchanged for close to three hundred Bolivars.

Due to this unique situation in the country, drug cartels have found a way to amass huge profits by carrying away loads of these essential products such as gasoline, imported medicines and foodstuffs to Colombia where they are traded for drugs, and dollars which are then brought back and sold in Venezuela making mammoth profits. These highly lucrative smuggled goods have bankrolled the rise of paramilitary groups, which now control significant strips of territory between the Venezuelan and Colombian border.

Allegedly, cashing in on the action, under the ruse of running a enterprise that would lend money to Venezuelan businesses so they could trade with companies in the United States, Martin Lustgarden Acherman, a Venezuelan-Austrian residing in Miami-Dade County perpetrated a scheme where he would fly drug profits out of Columbia; route them through his bank accounts in South Florida as well as other locations, and then exchange the funds for the local currency in Venezuela after flying the laundered currency back to that country.

The recent violence in Venezuela’s Capital of Caracas and other major cities, hand-in-hand with a collapsed economy has left store shelves sparsely filled. American cash is king on the black market, which in many cases has become the lifeline for local businesses so they are able to conduct commerce outside the country.

Earlier this month, federal authorities arrested Acherman, charging that he used his bank accounts here in South Florida to take advantage of the economic crisis in Venezuela to the benefit drug cartels, not businesses. He was arrested in Miami with Salomon Bendayan and Rama Krishna Kuchibhotla according to The Venezuelan Daily Brief.

Specifically, the federal government has charged that Acherman used his three Bank of America accounts located in Doral as conduits to launder $100 million in drug profits originating in Colombian back into Venezuela where he allegedly exchanged the proceeds for local currency at excessive black market prices.

Earlier this week federal prosecutors stated in court that Acherman “quarterbacked an international scheme to move U.S. dollars around on behalf of drug cartels and paramilitary organizations in Colombia… He takes advantage of the unique situation in Venezuela… has made a business of gathering U.S. dollars and making them available in places they are hard to come by such as Venezuela.”

Acherman has been charged with money laundering, conspiracy and obstruction and is being held pending further action. His lawyer commented that some of the government’s charges were “fantasy”, but did not provide further comment.