Two Local Harvesters Sentenced To 24 Months In Prison For Coronavirus Food Assistance Program Fraud Scheme

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Jacinto Luna (54, Immokalee) and Marcelino DeLeon (45, Felda) each to 24 months in federal prison, followed by 2 years of supervised release, after they both pleaded guilty to conspiring to commit wire fraud and engaging in illegal monetary transactions in connection with the Coronavirus Food Assistance Program.

In April 2020, the United States Department of Agriculture announced the Coronavirus Food Assistance Program (CFAP). CFAP provided relief to farmers and ranchers impacted by the COVID-19 pandemic.

According to court documents, in August and September 2020, DeLeon and Luna conspired with others to defraud CFAP by each submitting two different fraudulent CFAP applications on behalf of their harvesting companies. DeLeon and Luna’s applications misrepresented crop production, crop revenue, and ownership interests.

In total, DeLeon’s fraudulent representations in his CFAP applications caused the United States Department of Agriculture’s Farm Service Agency to approve his applications and deposit $1,051,710.11 into a bank account controlled by him.  Following the disbursement of the CFAP proceeds, DeLeon engaged in an illegal monetary transaction by using some of the fraudulent CFAP proceeds to purchase a vehicle.  Prior to sentencing, DeLeon cooperated with the government and fully paid his restitution and forfeiture obligations totaling $2,103,420.22.

In total, Luna’s fraudulent representations on his CFAP applications caused the United States Department of Agriculture’s Farm Service Agency to approve his applications and provide him a total of $994,216,96. Some of these funds were deposited into a bank account controlled by Luna. Following the disbursement of CFAP proceeds, Luna engaged in an illegal monetary transaction by using some of the fraudulent CFAP proceeds to purchase a vehicle. Prior to sentencing, Luna cooperated with the government and fully paid his restitution and forfeiture obligations totaling $1,988,433.92.

Anyone who suspects fraud or other wrongdoing related to the pandemic should report it to the COVID-19 Pandemic Fraud Hotline at www.pandemicoversight.gov/contact/about-hotline, by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721, or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.