Factual Proffer — United States v. Terlent (Dkt. 29, S.D. Fla.)

Summary

A factual proffer entered October 21, 2021 in United States v. Kenny Terlent, a/k/a "KenLa," Case No. 1:21-cr-20380, in the U.S. District Court for the Southern District of Florida, in which Terlent, his counsel and the United States agree to the facts the government would have proven at trial. It states that a September 23, 2020 search warrant for Terlent's iCloud account showed thousands of unauthorized access devices possessed with intent to defraud, including names, dates of birth and social security numbers of significantly more than fifteen victims. According to the proffer, Terlent used a Chime account opened in a victim's name to receive payments from unemployment fraud and COVID fraud. It also states that law enforcement found Terlent's Glock 19 with an auto sear affixed, hidden in a clothes hamper at the residence.

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Case 1:21-cr-20380-RNS Document 29 Entered on FLSD Docket 10/21/2021 Page 1of5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-cer-20380-RNS

UNITED STATES OF AMERICA,

Vv.
KENNY TERLENT,
a/k/a “KenLa,”
a/k/a “headhuncho7700,”
Defendant.
/
FACTUAL PROFFER

Defendant, Kenny Terlent, a/k/a “KenLa,” a/k/a “headhuncho7700” (the “Defendant”), his
counsel, and the United States of America agree that, had this case proceeded to trial, the United
States would have proven the following facts beyond a reasonable doubt:

In the summer of 2020, law enforcement obtained search warrants for the phones and social
media accounts of a co-conspirator (CC1) of the Defendant. Those phones and social media
accounts showed that CC1 was involved in access device fraud and aggravated identity theft with
the Defendant, including through the Defendant’s use of his own cell phones and iCloud account

(kennyterlent400@icloud.com). On September 23, 2020, law enforcement obtained a search

warrant for that iCloud account, which the Defendant later admitted was his. A review of the
account showed that the Defendant was in possession of thousands of unauthorized access devices,
and that he possessed those access devices with the intent to defraud.

For instance, during a review of the material obtained from the Defendant’s iCloud
account, law enforcement found that the Defendant had used a Chime Account in the name of
victim J.G. (the “J.G. Chime Account’). Chime is a mobile application that allows people to send

and receive money — among other things. Records received from Chime showed that the J.G.


Case 1:21-cr-20380-RNS Document 29 Entered on FLSD Docket 10/21/2021 Page 2 of 5

Chime Account was opened in J.G.’s name using his personally identifiable information. However,
the address and phone number on the account were not those of J.G., but instead were an address
and phone number provided by the Defendant. Based on a review of data obtained from Chime,
the Defendant used the J.G. Chime Account to receive payments from unemployment fraud and
COVID fraud. The Defendant also had numerous conversations related to the use of the
unauthorized access devices in his possession.

During the review of the iCloud account, law enforcement found unauthorized access
devices belonging to significantly more than fifteen victims, including names, dates of birth, and
social security numbers belonging to individuals other than the defendant. These access devices
included the name, address, date of birth, and social security number (ending in 4996) belonging
to victim L.S. Victim L.S. was interviewed by law enforcement and stated that she does not know
the Defendant, and she did not authorize the Defendant to possess or use her personally identifiable
information. Law enforcement also located the name, date of birth, social security number (ending
in 8487) and other information belonging to victim K.S. Victim K.S. was interviewed by law
enforcement and stated that she does not know the Defendant and she did not authorize the
Defendant to possess or use her personally identifiable information.

In addition to the above victims, the Defendant had a PDF stored in his iCloud titled “I’m
Rich Bitch &.” The PDF is a 7,620 page document containing the personally identifiable
information from thousands of victims, including their names, dates of birth, addresses, social
security numbers, and other information. On page 1 of the PDF, the top of the document lists the
name of a medical facility in Orlando. In that PDF, law enforcement found the personal
information of victims J.A. (SSN #7157) and D.A. (SSN # 3236), including their names, dates of

birth, social security numbers, and other information. Both victims were interviewed by law


Case 1:21-cr-20380-RNS Document 29 Entered on FLSD Docket 10/21/2021 Page 3of5

enforcement, and confirmed that they did not know the Defendant, and did not authorize him to
possess their personal information.

On June 24, 2021, law enforcement executed a search warrant at the Defendant’s residence.
That search warrant allowed for the seizure and search of any cell phones located within the
residence, or on the Defendant’s person. During the execution of the warrant, law enforcement
approached the Defendant outside of his residence. The Defendant ran from law enforcement,
slipped, fell, and then threw his cell phone into the lake in his backyard.

Law enforcement retrieved the Defendant’s cell phone from the lake, and searched it
pursuant to the search warrant. Within the phone, law enforcement located the access devices of
at least 15 or more victims. This included the names, dates of birth, social security numbers, and
other information belonging to individuals other than the Defendant. Within that phone, law
enforcement located the following unauthorized access devices, among many others: (1) the social
security number (ending in 7330), DOB, and addresses of victim B.W.; (2) the social security
number (ending in 8261), DOB and addresses of victim K.S. (different K.S. than earlier); and (3)
the social security number (ending in 6572), DOB, and address of victim M.F. This PII came from
various “carding” or “SSN” websites, such as “unicc.cm,” and “robocheck.cc.” The Defendant
was not authorized by the victims to possess that PIJ. Further, the phone contained a multitude of
evidence that these unauthorized access devices were used to submit fraudulent unemployment
claims.

Also in the Defendant’s residence, law enforcement located the Defendant’s Glock 19,
bearing serial number BBWB707. That Glock 19 had an “auto sear” affixed to it, which is
colloquially called a “switch.” An auto sear is a device that allows semi-automatic firearms to fire
in fully automatic mode. The firearm was found wrapped up in a blanket, and hidden in a clothes

hamper. Within the same blanket were a laptop, and another one of the Defendant’s phones. The


Case 1:21-cr-20380-RNS Document 29 Entered on FLSD Docket 10/21/2021 Page 4 of 5

phone had a Chime card in J.G.’s name within the phone case (the same J.G. mentioned above).
Also, this phone’s associated iCloud account was kennyterlent400@icloud.com. Law
enforcement test-fired the Glock 19, and confirmed that it was capable of firing in fully automatic
mode, thus qualifying as a machine gun. The Defendant does not have a permit to possess a
machine gun.

Based on a review of the Defendant’s iCloud account, law enforcement determined that,
on March 27, 2021, the Defendant sent a text message to a group of associates that included a
picture of what appears to be the same Glock (with a “switch” installed) that was recovered from
the Defendant’s residence. After sending that picture, the Defendant texted “Switch on that Glock
that bitch keeps switching.” Also, while reviewing the cell phone that TERLENT threw into the
lake, law enforcement located a photograph of what appears to be the same Glock (with “switch”
installed).

Also in the Defendant’s residence, in the Defendant’s dresser, law enforcement located
mail in other people’s names, bank documents in other people’s names, 3-4 small cell phones, one
round of 40 caliber ammunition, and an additional Chime card in a victim’s name.

On June 24, 2021, the Defendant gave a post-Miranda statement to law enforcement. With
regard to the iCloud account, the Defendant confirmed that that was his account, and that the phone
number associated with the account was his as well.

In all, the Defendant possessed 2,760 unauthorized access devices with the intent to
defraud. His possession of those access devices affected interstate commerce in that: (1) a large
number of the victims were located out of state; (2) the internet (moving in interstate commerce)
was used to procure a number of the unauthorized access devices; (3) the banks that were the
subject of the fraud are located in other states and operate in interstate commerce; and (4) the

Defendant communicated via cellular networks and social media to further his fraud.


Case 1:21-cr-20380-RNS Document 29 Entered on FLSD Docket 10/21/2021 Page 5of5

request of all necessary and appropriate documentation to deliver good and marketable title,
consenting to all orders of forfeiture, and not contesting or impeding in any way with any criminal,
civil or administrative forfeiture proceedings.

12. This is the entire agreement and understanding between this Office and the
Defendant. There are no other agreements, promises, representations, or understandings.

JUAN ANTONIO GONZALEZ
ACTING UNITED STATES ATTORNEY

Date: rferfer By: Awl teow

DERIC C. SHADLEY 7
SISTANT UNITED STATES ATTORNEY

Date: /ol vi/ C/ By: Corsten
fo! ANDREW RIER, ESQ.

ATTORNEY FOR DEFENDANT

Date: lo/zi/z1 By: Kenny Ter ltn
KENNY TERLENT
DEFENDANT

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