Court filing
Exhibit Ex 1 Summons & Third Superseding Indictment — Carl Delano Torjagbo (Dkt. 197.1)
No. 1:22-cr-00171-MLB-RDC · Doc. 197-1 · Docket on CourtListener
Full text
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 1 of 18
AO 83 (12/85) Summons in a Criminal Case /-, * i A h A D CLD Q
ID »1 0
U.S.D.C. Atlanta
UNITED $TATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA JUL-3 2025
Kewn P. Weimer, Clerk
J3^'.f^-^ Deputy Clerk
UNITED STATES OF AMERICA, SUMMONS IN A ClOMlNAL 'ClSE
V.
CARL DELANO TORJAGBO, a/k/a
KARL LUCmS DELANO CASE NO. 1:22-CR-171-MLB-RDC
YOU ARE HEREBY SUMMONEpD to appear before the United States District Court at the place,
date and time set forth below.
PLACE: U.S. Courthouse
Richard B. Russell Building
Room I860
75 Ted Turner Drive, SW
Atlanta, Georgia 30303-3309
BEFORE: Honorable Linda T. Walker
United States Magistrate Judge
DATE AND ;
TIME: Friday, July 11,2025
at 10:30 a.m.
To answer a(n)
KI SS Indictment D Information D Co^nplaint D Violation Notice D Probation Violation Petition
Charging you with a violation of Title 18, Unite^ States Code, Section(s) 1344 and Section 2
Brief description of the offense: Bank Fraud
AUSA: Kelly Connors/Nick Evert
Counsel for Defendant: L.?Finlayson
July 3, 2025
KEVIN P. WEIMER
CLERK OF COURT
'eputy Clerk
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 2 of 18
FILED IN CHAMBERS
^ p, U.S.D.C. Atlanta
f, [••••.; B fig
'k^.
•
JUL -1 2025
_Keyjn P. Weimer, Clerk
By: ibn Deputy Clerk
IN THE UNlfTEI
sTIfTED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
THIRD SUPERSEDING
V.
INDICTMENT
CARL DELANO TORJAGBO/ A/a
CASE NO. l:22-cr-171-MLB-RDC
KARL LUCmS DELANO
The Grand Jury charges that:
Count 1
(Bank Fraud)
1. From in or about January 2021 through in or about March 2021, in the
Northern District of Georgia and elsewhere/ the Defendant/ Carl Delano
Torjagbo/ a/k/a Karl Lutius Delano/ aided and abetted by others
unlanown to the Grand Ji^ry/ knowingly executed/ attempted to execute/
and participated in a scheme and artifice to defraud JPMorgan Chase
Bank/ National Association/ d/b/a "Chase Bank/7 a fmancial institution
whose deposits were the^i insured by the FDIC/ and to obtain moneys and
funds owned by and und^er the custody and control of Chase Bank/ by
means of materially false I and fraudulent pretenses/ representations/ and
promises/ and by the omission of material facts (//the bank fraud scheme77).
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 3 of 18
Background
Chase Bank participated
:ipated|as a lender in the Paycheck Protection Program
(/TPP )/ which was designed to help small businesses survive the COVID-
19 pandemic by providuj g them with funds to cover certain payroll costs/
including benefits/ interest on mortgages/ rent/ and utilities.
To be eligible for a PPP l<ban/ a business had to have been //in operation on
February 15,2020."
Manner and Means of the Bank Fraud Scheme
Approximately 10 monti^s after the PPP-eligibiHty date had expired/
Defendant Torjagbo created a company called Kremkov Industries LLC/
and registered the company with the Georgia Secretary of State.
Since Kremkov Industriel was not in operation on February 15, 2020,
it was not eligible for a F'pP loan.
6. Moreover/ as Defendant 'pTorjagbo knew and had reason to know/ Kremkov
Industries never conducted any legitimate business/ had no income/ and
never paid wages to employees because it had no employees.
7. Nevertheless/ Defendant Torjagbo signed and submitted to Chase Bank a
fraudulent PPP loan appl|ication/ requesting a PPP loan for Kremkov
Industries in the•amount
amount |of $9/554/425.
Page 2 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 4 of 18
8. Defendant Torjagbo falsely and firaudulently certified that the information
he provided in the PPP lcpan application and in all supporting documents
and forms was true and| accurate in all material respects.
Contrary to his false certification/ the PPP loan application that Defendant
Torjagbo submitted was filled with materially false and fraudulent
representations. For example:
Defendant Torjagbo c^^rtified that Kremkov Industries was //in
operation on February^ 15,2020// That was not tme.
Defendant Torjagbo certified that a PPP loan was "necessary to support
the ongoing operatioris of Kremkov Industries. That was not true.
Defendant Torjagbo s^ ated that Kremkov Industries had 493 employees.
That was not true.
Defendant Torjagbo s1 rated that Kremkov Industries had an average
monthly payroll of $3^ 821/770. That was not true either.
10. When he signed the application and submitted it to Chase Bank/
Defendant Torjagbo kne^ and had reason to know that the application
contained materially fals^ and fraudulent representations.
11. To support the fraudulent application/ Defendant Torjagbo provided
Chase Bank with copies c^f false tax returns/ as well as copies of phony
payroll reports purporting to show that Kremkov Industries had paid
wages to 493 employees.
Page 3 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 5 of 18
12. As a result of Defendant Torjagbo's materially false and fraudulent
representations/ Chase B^nk transferred $9/554/425 in PPP loan proceeds to
Defendant Torjagbo/s custody and control.
Execution of the Bank Fraud Scheme
13. On or about February 16| 2021, in the Northern District of Georgia and
elsewhere/ for the purpose of executing and attempting to execute the
scheme and artifice to defraud Chase Bank/ and to obtain moneys and
funds owned by and un4er the custody and control of Chase Bank/
Defendant Torjagbo/ aid^d and abetted by others unknown to the Grand
Jury/ with intent to defraud/ signed and submitted to Chase Bank a
fraudulent PPP loan application/ requesting a PPP loan for Kremkov
Industries in the amount of $9/554/425.
All in violation of Title 18, United States Code/ Section 1344 and Section 2.
Page 4 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 6 of 18
Counts 2 and 3
(Wire Fraud)
14. From. in or about February 2021 through in or about April 2021, the
Defendant/ Carl Delano brjagbo/ a/k/a Karl Lucius Delano/ devised/
intended to devise/ and participated in a scheme and artifice to defraud the
United States Department of the Treasury/ Internal Revenue Ser/ice
( IRS )/ and to obtain mqney from the IRS by means of materially false
and fraudulent pretense^ representations/ and promises/ and by the
omission of material fact^ (//the wire fraud scheme").
Manner and Means of the Wire Fraud Scheme
15. Kremkov Industries nev^r conducted any legitimate business/ had no
income/ and never paid ^^ages to employees because it had no employees.
16. Kremkov Industries nev^r filed any W-2s or tax returns of any kind for tax
year 2020, or for any oth^r tax year.
17. Defendant Torjagbo did ^iot have any wages and did not pay any
withholdings to the IRS f^)r tax year 2020.
18. On or about February 13, 2021, Defendant Torjagbo electronically filed
with the IRS not just one but two fraudulent U.S. individual income tax
returns (Forms 1040) for ^ax year 2020, both of which reported fictitious
wages/ withholdings/ an^ nonpassive losses from Kremkov Industries.
Page 5 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 7 of 18
19. On one of the fraudulentl tax returns/ Defendant Torjagbo used a Social
Security Number (SSN) tp-iat was associated with a date of birth in 1979
and fraudulently claime^ a refund in the amount of $3/373/441.00.
20. On the other fraudulent ^ax return/ Defendant Torjagbo used a different
SSN that was associated jwith a date of birth in 1975 and fraudulently
claimed a refund in the a[mount of $3/015/573.00.
Execution of the Wire Fraud Scheme
21. On or about the dates sei\ forth below/ in the Northern District of Georgia
and elsewhere/ Defendeuit Torjagbo/ aided and abetted by others unknown
to the Grand Jury/ for the^
the^ purpose of executing and attempting to execute
the wire fraud scheme/ caused to be transmitted by means of wire
communication in interstjate commerce the writings/ signs/ signals/
pictures/ and sounds described below:
Count Date Descripljion of wire communication
02/13/2021 Electronic filing of a 2020 U.S. individual income tax
return (I^orm 1040), in the name of Carl Torjagbo/ which
fraudulently claimed a refund in the amount of
$3/373/441.00
02/13/2021 Electronic filing of a 2020 U.S. individual income tax
return (Fjorm 1040), in the name of Carl Torjagbo/ which
fraudulently claimed a refund in the amount of
$3/015/573.00
All in violation of Title 18, United States Code/ Section 1343 and Section 2.
Page 6 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 8 of 18
Counts 4 through 6
(Concealment Money Laundering)
22. The facts alleged in paragraphs 2 through 12 and 15 through 20 are
realleged and incorporated here.
23. The PPP loan proceeds ^fere mitially deposited into Chase Bank account
#8755, titled in the name of Kremkov Industries. Immediately before that
deposit/ the balance in th^at account was only $105.
24. On the PPP loan application/ Defendant Torjagbo certified that Kremkov
Industries would use thel loan proceeds to "retain workers and maintain
payroll" or make other payments allowed under the Paycheck Protection
Program Rules.
25. Defendant Torjagbo ack4owledged that he could be prosecuted for fraud if
the PPP loan proceeds w^re knowingly used for unauthorized purposes/"
26. in spite of that warning/ Defendant Torjagbo knowingly used the PPP loan
proceeds for unauthorized purposes.
27. For example/ Defendant ]Torjagbo caused $3 million of the PPP loan
proceeds to be transferred by check from Chase Bank account #8755 to
PNC Bank account #9499. Both of those accounts were titled in the name of
Krenzkov Industries. Defendant Torjagbo wrote on the check that it was for
"payroll." But that was n^t true. Kremkov Industries had no payroll
Page 7 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 9 of 18
because it had no employees. Furthermore/ Defendant Torjagbo used the
$3 million not to pay payroll for Kremkov Industries but to pay his
personal debts and expei|ises and to fund a lifestyle for himself that he
otherwise could not hav^ afforded.
28. Shortly after the $3 million transfer to PNC Bank account #9499,
Defendant Torjagbo depipsited a $3/366/240.76 U.S. Treasiuy check into the
same account. The check was issued as a result of the tax return identified
in Count 2.
29. Approximately four moriths after he fraudulently received over
$9.5 million in PPP loan proceeds and over $3.3 million in tax refund fraud
proceeds/ Defendant Torjagbo filed a petition to change his name to Karl
Lucius Delano.
30. Defendant Torjagbo then^ created a Wyoming company called Flyingjack
£reight& Logistics LLC (// |FlymgJack//).
31. Defendant Torjagbo oper ^ed Bank of America account #1199 in the name of
Flyingjack and funded the account with fraud proceeds. Defendant
Torjagbo then used frauc| proceeds to pay startup expenses for Flyingjack
and to purchase property) and equipment for Flyingjack.
Page 8 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 10 of 18
32. In addition/ Defendant T^orjagbo used fraud proceeds to purchase property
in the name Karl Lucius Pelano.
33. Defendant Torjagbo caused proceeds of the PPP loan fraud and fraudulent
tax return to be deposite ji into the following accounts:
Chase Bank account ^8755 and PNC account #9499, both titled in the
name of Kremkov In4lustries;
PNC accounts #9814, #9822, and #9849, all titled in the name of Carl
Torjagbo; and
Bank of America accol int #1199, titled in the name of Flyingjack.
34. Defendant Torjagbo use^ online transfers between accounts/ wire
transfers/ personal check^ , cashier s checks/ debit cards/ credit cards/ and
cash withdrawals to con^ ert the fraud proceeds to his own use.
35. On or about each date sel forth below/ in the Northern District of Georgia
and elsewhere/ the Defer|dant/ Carl Delano Torjagbo/ a/k/a Karl Lucius
Delano/ aided and abette^l by others unknown to the Grand Jury/
conducted and attemptecj to conduct a financial transaction/ knowing that
the property involved in ^uch financial transaction represented the
proceeds of some form o| unlawful activity/ which in fact involved the
proceeds of specified unlawful activity/ namely/ the bank fraud scheme
charged in Count 1 and ti^ie wire fraud scheme charged in Count 2 of this
Page 9 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 11 of 18
Third Superseding Indie ant/ while acting with the knowledge that the
nent,
transaction was designe in whole and in part to conceal and disguise the
nature/ location/ source/ Amership/ and control of the proceeds of the
specified unlawful activ
Count Date Payment From To For
Amount ^c
Method
4 check $3/000/000 Chase Bank PNC account //payroH//
dated check account #9499, titled
04/08/21 #8755, titled in name of
in name of Kremkov
Kremkov Industries
Industries
5 10/27/21 $91/076.6^ PNC account Cadence Karl Lucius
wire #9849, titled Bank/NA Delano/s
transfer in name of account purchase of
Carl Torjagbo #4138, titled Tract 4/ part
in name of of tax parcel
North C056-0857-
Atlanta Law 003, now
Group/ P.C. known as tax
parcel C056-
0857-006
6 03/07/22 $150/005.1$ Bank of Truist Bank Flyingjack s
wire America account purchase of
transfer account #0104, titled 101 Holt
#1199, titled in name of Drive/
in name of Ganek PC Acworth/ GA
Flyingjack
All in violation of Title 18, Uni d States Code/ Section 1956(a)(l)(B)(i) and
section 2.
Page 10 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 12 of 18
I Counts 7 through 10
(Trans^ctional Money Laundering)
36. The facts alleged m paragraphs 2 through 12,15 through 20, and 23
through 34 are realleged| |and incorporated here.
37. On or about each date se|^ forth below/ m the Northern District of Georgia
and elsewhere/ the Defendant/ Carl Delano Torjagbo/ a/k/a Karl Lucius
Delano/ aided and abetted by others unknown to the Grand Jury/
knowingly engaged in aijid attempted to engage m a monetary transaction
m criminally derived property of a value greater than $10/000, said
property having been dehved from specified unlawful activity/ namely/
the bank fraud scheme cUtp.arged in Count 1 and the wire fraud scheme
charged in Count 2 of thi|3 Third Superseding Indictment:
Count Date Payment From To For
Amount i
Method
7 05/28/21 $l/660/86]j 01 PNC account First-Citizens 5114
wire transt :er #9849, titled Bank & Trust Greythorne
in name of Company Lane/
Carl account Marietta/ GA
Torjagbo #7370, titled
in name of
O'Kelley &
Sorohan
Page 11 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 13 of 18
Count Date Payment From To For
Amount &
Method
08/04/21 $87/020 -^ire PNC account Bank of 2021 Land
transfer #9849, titled America Rover Range
in name of account Rover Velar/
Carl #0174, titled VIN:
Torjagbo in name of SALYM2FU7
Niello MA302651
Imports II/
Inc.
01/24/22 $115/250.^9 Bank of Global 2022 BMW
cashier's America Imports M850xi/ VIN:
check account BMWLLC WBAGV8CO
#1199, titled 6NCH96608
in name of
Flyingjack
10 04/22/22 $269/999.^0 Bank of Atlanta Used 2014
wire transfer America Cars Center Lamborghini
account Aventador/
#1199, title VIN:
in name of ZHWUC1ZD
Flyingjack 3ELA02216
All in violation of Title 18, United States Code/ Section 1957 and Section 2.
Page 12 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 14 of 18
[Forfeiture Provision
38. Upon conviction of the defense alleged in Count 1 of this Third
Superseding Indictment/ the Defendant/ Carl Delano Torjagbo/ a/k/a Karl
Lucius Delano/ shall forfeit to the United States/ pursuant to Title 18,
United States Code/ Section 982(a)(2)(A)/ any property constituting/ or
derived from/ proceeds obtained/ directly or indirectly/ as a result of the
violation/ including/ but not limited to/ the following:
A. MONEY JUDGMENT:
(1) A sum of mc^ney in United States currency/ representing the
amount of proceeds obtained as a result of the offense alleged
in Count 1 o:f this Third Superseding Indictment.
B. REAL PROPERTY
(1) 5114 Greyth^(prne Lane/ Marietta/ Cobb County/ Georgia 30068/
and all buildings and appurtenances thereto.
(2) 101 Holt Drive/ Acworth/ Cherokee County/ Georgia 30101/
and all buildings and appurtenances thereto.
(3) Tract 4 Fiberl Drive/ Cartersville/ Bartow County/ Georgia
30120, and all buildings and appurtenances thereto.
Page 13 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 15 of 18
C. PERSONAL PROPERTY:
(1) 2022 BMW ^[850xi bearing VIN: WBAGV8C06NCH96608.
(2) 2021 Land:Rover Range Rover Velar Sports Utility Vehicle
bearing VIN|;t: SALYM2FU7MA302651.
(3) 2014 Lamboirghini Aventador bearing VIN:
ZHWUC1ZE»3ELA02216.
(4) Approximat|ely $1/141.89 in funds seized from PNC Bank
account ending in 9499, held in the name of Kremkov
Industries.
(5) Approximately $1/750/018.12 in funds seized from PNC Bank
account endpng in 9849, held in the name of Carl Torjagbo.
39. Upon conviction of one qr more of the offenses alleged in Counts 2 and 3
of this Thu-d Superseding Indictment/ the Defendant/ Carl Delano
Torjagbo/ a/k/a Karl Lutius Delano/ shall forfeit to the United States of
America/ pursuant to Title 18, United States Code/ Section 981(a)(l)(C) and
Title 28, United States Cc^de, Section 2461 (c)/ any property/ real or
personal/ constituting/ or^ derived from/ proceeds braceable to the offense/
including/ but not limitec^ to/ the following:
A. MONEY JUDGMElNT:
(1) A sum of mcpey in United States currency/ representing the
amount of p^roceeds obtained as a result of the offenses
alleged in Counts 2 and 3 of this Third Superseding
Indictment.
Page 14 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 16 of 18
B. REAL PROPERTY;
(1) 5114 Greyth|:^)rne Lane/ Marietta/ Cobb County/ Georgia 30068/
and all buildin;
lings and appurtenances thereto.
(2) 101 Holt Dri^e,
/e/ Acworth/ Cherokee County/ Georgia 30101/
and all buildin;
ings and appurtenances thereto.
(3) Tract 4Fibei^ Drive/ Cartersville/ Bartow County/ Georgia
30120,and all buildings and appurtenances thereto.
C. PERSONAL PROPlBRTY:
(1) 2022 BMW ^[850xi bearing VIN: WBAGV8C06NCH96608.
(2) 2021 Land Rpver Range Rover Velar Sports Utility Vehicle
bearing VIN| SALYM2FU7MA302651.
(3) 2014 Lamboilghmi Aventador bearing VIN:
ZHWUClZlt>3ELA02216.
(4) Approximately $1/141.89 in funds seized from PNC BanJ<
account ending in 9499, held in the name of Kremkov
Industries.
(5) Approximati •ly $1/750/018.12 in funds seized from PNC Bank
ending in 9849, held in the name of Carl Torjagbo.
account ei
40. Upon conviction of one o^ more of the offenses alleged in Counts 4
through 10 of this TUrd Superseding Indictment/ the Defendant/ Carl
Delano Torjagbo/ a/k/a ^Carl Lucius Delano/ shall forfeit to the United
States/ pursuant to Title 1|8/ United States Code/ Section 982(a)(l)/ any
property/ real or personal/ involved in such offenses/ or any property
traceable to such property^/ mcluding/ but not limited to/ the following:
Page 15 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 17 of 18
A. MONEY JUDGMENT:
(1) A sum of mcp'ney in United States currency/ representing the
amount of p^ •operty involved in the offenses alleged in Counts
4 through Ip of this Thh-d Superseding Indictment.
B. REAL PROPERTY
(1) 5114 Greyth^^irne Lane/ Marietta/ Cobb County/ Georgia 30068/
and all buildings and appurtenances thereto.
(2) 101 Holt Dri^e/;/ Acworth/ Cherokee County/ Georgia 30101/
and all buildings and appurtenances thereto.
(3) Tract 4 Fibei| Drive/ Cartersville/ Bartow County/ Georgia
30120, and al 1 buildings and appurtenances thereto.
C. PERSONAL PROP3BRTY
(1) 2022 BMW ^850xi bearing VIN: WBAGV8C06NCH96608.
(2) 2021 Land R^ver Range Rover Velar Sports Utility Vehicle
bearing VIN; SALYM2FU7MA302651.
(3) 2014 Lamboi|'ghini Aventador bearing VIN:
ZHWUC1ZIP3ELA02216.
(4) Approximat^ly $1/141.89 in funds seized from PNC Bank
account ending in 9499, held in the name of Kremkov
Industries.
(5) Approximatet^ly $1/750/018.12 in funds seized from PNC Bank
ii|ng in 9849, held in the name of Carl Torjagbo.
account enditn
41. If/ as a result of any act o^ omission of Defendant Torjagbo, any property
subject to forfeiture (a) ca|nnot be located upon the exercise of due
Page 16 of 17
Case 1:22-cr-00171-MLB-RDC Document 197-1 Filed 07/06/25 Page 18 of 18
diligence, (b) has been transferred or sold to/ or deposited with/ a third
party, (c) has been place^i beyond the jurisdiction of the Court/ (d) has
been substantially diminished in value/ or (e) has been commingled with
other property which Ccuqmot be divided without difficulty/ the United
States intends, pursuant :o Title 21, United States Code/ Section 853(p)/ as
incorporated by Title 28, United States Code/ Section 2461 (c) and Title 18,
United States Code/ Section 982(b)(l)/ to seek forfeiture of any other
property of Defendant T 'rjagbo up to the value of the forfeitable property.
A inx'e/ BILL
_^_
FOREPERSON
THEODORE S. HERTZBERG
United States Attorney
^./lysE^^
KEUKY K. CONNORS
Assistant United States Attorney
Georgia Bar No. 504787
NICHOLAS L.EVERT
Assistant United States Attorney
Georgia Bar No. 693062
600 U.S. Courthouse
:a/ GA 30303
75 Ted Turner Drive SW/ Atlanta
(404) 581-6000; Fax: (404) 581-63 81
Page 17 of 17
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