Oakes Farms manager convicted of fraud, agrees to cooperate

An Immokalee farm manager who oversaw a farm for Francis “Alfie” Oakes III was convicted in federal court Sept. 29 after pleading guilty to a fraud charge and agreed to reimburse the government $3.25 million.

Mark Frisbie, 60, of Punta Gorda, was adjudicated guilty by U.S. District Judge Sheri Polster Chappell in Fort Myers after a brief plea hearing. Frisbie had already signed a plea agreement, made public Sept. 15, admitting he made a false statement in a federal crop-insurance claim and agreed to pay restitution to the Federal Crop Insurance Corp., as well as the U.S. Farm Service Agency and Emergency Relief Program for other frauds.

If a judge finds Frisbie cooperated and provided substantial assistance to investigators and prosecutors, he won’t face the maximum of 30 years in federal prison; a $1 million fine or twice the gross gain of the offense, whichever is greater; up to five years of supervised release; and a mandatory $100 assessment. A sentencing date hasn’t been set.

Records say Frisbie, an agricultural chemical salesman, managed a farm “in or around Immokalee” under an agreement with Coconspirator 1, who funded the farm and marketed all crops. They shared profits and losses, with 60% going to Oakes and 40% to Frisbie. Frisbie admitted submitting insurance claims alleging the farm lost crops, including bell peppers and tomatoes. In some cases, the farm would have received less than claimed, while in others the farm would have received nothing under the guidelines.

Oakes has not been charged. Neither he nor his civil attorney, Steven Bracci, has responded to requests for comment. Oakes has sued his former acting CEO and president, Steven Veneziano Jr., alleging he masterminded a scheme to steal from his stores and farms; that case is pending, as is Veneziano’s sentencing.

As federal investigators continue gathering evidence and testimony, sentencing dates for the other nine co-conspirators have been pushed back several times and could be delayed again. Co-conspirators include Veneziano; Oakes Farms’ vice president, general manager, warehouse manager and two Immokalee harvesters — even Oakes’ accountant. The frauds also involved the Coronavirus Food Assistance Program, the U.S. Department of Defense Fresh Program and the Defense Logistics Agency.

The plea agreement was negotiated by Chief Assistant U.S. Attorney Jesus Casas, Assistant U.S. Attorneys Chelsey Hanson and Simon Eth, Frisbie and his defense attorneys, Simon A. Gaugush of Tampa and Tino M. Lisella of West Palm Beach. Frisbie and his attorneys signed the agreement Sept. 8.

Gaugush has said Frisbie, a “legitimate” farmer for more than 15 years, is cooperating fully and “looks forward to closing this chapter of his life.” State records show he operates Frisbie Farms LLC in Punta Gorda.