Court filing
Rule 5(c)(3) Documents Received as to Amos Mundendi from the United States — USA v. Bella (Dkt. 10, S.D.N.Y.)
Filed April 29, 2021 in USA v. Bella; one of 37 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2021-04-29 |
U.S. District Court for the Southern District of New York · No. 1:21-cr-00247-PAE · Doc. 10 · 2021-04-29 · Docket on CourtListener
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TDIS
U.S. District Court
Northern District of Texas (Dallas)
CRIMINAL DOCKET FOR CASE #: 3:21−mj−00387−BK−1
Case title: USA v. Mundendi Date Filed: 04/22/2021
Date Terminated: 04/28/2021
Assigned to: Magistrate Judge
Renee Harris Toliver
Defendant (1)
Amos Mundendi represented by Bret Martin
TERMINATED: 04/28/2021 Law Office of Bret Martin
PO Box 93565
Southlake, TX 76092
214−505−2168
Fax: 603−816−9652
Email: bretmartinatty@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing
Pending Counts Disposition
None
Highest Offense Level
(Opening)
None
Terminated Counts Disposition
None
Highest Offense Level
(Terminated)
None
Complaints Disposition
Rule 5 Documents
Plaintiff
1
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USA represented by Marcus J Busch−DOJ
US Attorney's Office
1100 Commerce St
Suite 300
Dallas, TX 75242
214−659−8642
Fax: 214−659−8809
Email: marcus.busch@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: US Attorney's Office
Bar Status: Admitted/In Good Standing
Fabio Leonardi−DOJ
US Attorney's Office
Northern District of Texas
1100 Commerce Street
Third Floor
Dallas, TX 75242
214−659−8815
Fax: 214−659−8812
Email: fabio.leonardi@usdoj.gov
ATTORNEY TO BE NOTICED
Bar Status: Not Admitted
Date Filed # Page Docket Text
04/22/2021 1 4 Rule 5 Documents as to Amos Mundendi (1). In each Notice of Electronic
Filing, the judge assignment is indicated, and a link to the Judges Copy
Requirements and Judge Specific Requirements is provided. The court reminds
the filer that any required copy of this and future documents must be delivered
to the judge, in the manner prescribed, within three business days of filing.
(mcrd) (Entered: 04/22/2021)
04/23/2021 2 19 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge
Renee Harris Toliver: Initial Appearance as to Amos Mundendi held on
4/23/2021. Date of Arrest: 4/23/2021. Location interval set to: LC. The judge
issued the oral order required by Fed. R. Crim. P. 5(f)(1). Written order to
follow. Attorney Appearances: AUSA − Marcus Busch; Defense − Bret Martin.
(No exhibits) Time in Court − :05. (Court Reporter: Shawnie Archuleta)
(Interpreter NA.) (USPO Wayne Poton.) (mcrd) (Entered: 04/23/2021)
04/23/2021 3 17 ELECTRONIC ORDER As to Amos Mundendi: by this order −− issued to the
prosecution and defense counsel −− the court confirms the disclosure obligation
of the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny,
and the possible consequences of violating such order under applicable law.
This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of
Criminal Procedure, and is in addition to the oral order entered by the court on
the first scheduled court date when both the prosecutor and defense counsel
were present. (Ordered by Magistrate Judge Renee Harris Toliver on 4/23/2021)
(mcrd) (Entered: 04/23/2021)
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04/23/2021 4 20 ORDER OF TEMPORARY DETENTION as to Amos Mundendi. Detention
Hearing set for 4/26/2021 10:00 AM in US Courthouse, Courtroom 1306, 1100
Commerce St., Dallas, TX 75242−1310 before Magistrate Judge Renee Harris
Toliver. (Ordered by Magistrate Judge Renee Harris Toliver on 4/23/2021)
(mcrd) (Entered: 04/23/2021)
04/23/2021 5 21 NOTICE OF ATTORNEY APPEARANCE by Bret Martin appearing for Amos
Mundendi (If sealed documents that you are authorized to see were previously
filed by U.S. Pretrial Services or U.S. Probation, you will require assistance to
gain access to them and any related filings. Please call the clerk at 214.753.2240
during business hours to request access.) (mcrd) (Entered: 04/24/2021)
04/23/2021 6 22 WAIVER of Rule 5 Hearings by Amos Mundendi. (mcrd) (Entered:
04/24/2021)
04/26/2021 7 23 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge
Renee Harris Toliver: Detention Hearing not held on 4/26/2021 as to Amos
Mundendi. Detention Hearing reset for 4/28/2021 01:00 PM in US Courthouse,
Courtroom 1306, 1100 Commerce St., Dallas, TX 75242−1310 before
Magistrate Judge Renee Harris Toliver. Attorney Appearances: AUSA − Fabio
Leonardi; Defense − Bret Martin. (No exhibits) Time in Court − :03. (Court
Reporter: Todd Anderson) (Interpreter NA.) (USPO Javier Lujan.) (mcrd)
(Entered: 04/26/2021)
04/26/2021 8 25 MOTION for Detention filed by USA as to Amos Mundendi Attorney Fabio
Leonardi−DOJ added to party USA(pty:pla) (Leonardi−DOJ, Fabio) (Entered:
04/26/2021)
04/28/2021 9 28 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge
Renee Harris Toliver: Detention Hearing as to Amos Mundendi held on
4/28/2021. Location interval set to: LC. Attorney Appearances: AUSA − Fabio
Leonardi; Defense − Bret Martin. (No exhibits) Time in Court − :10. (Court
Reporter: Charyse Crawford) (Interpreter NA.) (USPO Eric Zarate.) (mcrd)
(Entered: 04/28/2021)
04/28/2021 12 30 WAIVER of Rule 5 Hearings by Amos Mundendi. (mcrd) (Entered:
04/28/2021)
04/28/2021 13 31 Report of Proceedings under Rule 5(c)(3) and 5.1 as to Amos Mundendi.
Defendant is removed forthwith to the district in which he is charged.
Paperwork sent to Southern District of New York. (Ordered by Magistrate Judge
Renee Harris Toliver on 4/28/2021) (mcrd) (Entered: 04/28/2021)
04/28/2021 14 33 ORDER OF DETENTION as to Amos Mundendi. The Court finds probable
cause to believe the defendant committed the offense(s) charged in the Criminal
Complaint. The motion for detention is granted. (Ordered by Magistrate Judge
Renee Harris Toliver on 4/28/2021) (mcrd) (Entered: 04/28/2021)
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UNITED STATE S DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - X
UNITED STATES OF AMERICA
- v. - SEALED INDICTMENT
APOCALYPSE BELLA , 21 Cr .
a/k/a " Dias Yumba ,"
MACKENZY TOUSSAINT ,
a/k/a " Mack ," and
..,, ,
AMOS MUNDEN DI ,
a/k/a " Mos , "
a/k/a "El Ashile Mundi ,"
Defendants .
- - - - - - - - - - - - - - X
COUNT ONE
(Conspiracy to Commit Major Fraud Against and
Defraud the United States)
The Grand Jury charges :
OVERVIEW OF FRAUDULENT SCHEME
1. From at least in or about March 2020 to the present ,
APOCALYPSE BELLA , a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a
"Mack ," and AMOS MUNDENDI , a/k/a " Mos ," a/k/a " El Ashile Mundi , "
the defendants , were involved in an extens i ve scheme to prepare
and submit fraudulent applications to the Small Business
Administration (" SBA" ) and to at l east one company which
processes PPP loan applications ("PPP Loan Company - 1 " ) , in order
to obtain at least approximately $14 million in government -
guaranteed loans for various companies through the SBA ' s
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Paycheck Protection Program ("PPP"), designed to provide
financial relief to qualifying companies during the novel
coronavirus/COVID-19 pandemic. This scheme resulted in the
approval of fraudulently procured loans for two companies
("Company - 1" and "Company-2" ) , both located in the Southern
District of New York, totaling approximately $4 million , and the
distribution of the proceeds of these fraudulently obtained
funds to a series of bank accounts located in the United States
and elsewhere , including bank accounts controlled by TOUSSAINT
and BELLA.
2. APOCALYPSE BELLA, a/k/a "Dias Yumba ," MACKENZY
TOUSSAINT , a/k/a "Ma ck ," and AMOS MUNDENDI, a/k/a " Mos ," a/k/a
"El Ashile Mundi ," the defendants , devised and executed this
fraudulent scheme by conspiring with individuals (the "Straw
Applicants") , who own , operate or otherwise are affiliated with
businesses (the "Straw Companies " ) , such as Company- 1 and
Company-2. BELLA , TOUSSAINT , MUNDENDI , and other co -
conspirators supervised and coordinated the submission of
fraudulent PPP loan applications for the Straw Companies , and in
some cases , completed and/or submitted the fraudulent
applications themselves.
3. The PPP loan applications for Company- 1 and Company- 2
(" Company-1 PPP Loan Application" and " Company- 2 PPP Loan
Application") were false , designed to maximize proceeds to the
2
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fraud scheme . Specifically , applications for both Company-1 and
Company- 2 contained material differences from loan applications
submitted for both companies for the Economic Injury Disaster
Loan (" EIDL " ) program just months earlier . For instance , the
Company- 1 PPP Loan Application represented that Company-1 had
over 100 employees . However , an earlier EIDL loan application
for Company-1 dated on or about March 30 , 2020 , represented that
Company-1 had only four employees . And the Company- 2 PPP Loan
Application was strikingly similar to that of Company- 1 , in
terms of the number o f employees and the size of its payroll ,
although a previously submitted EIDL loan application for
Company- 2 also claimed that Company- 2 had many fewer employees.
Moreover , the Company- 1 and Company- 2 PPP Loan Applications both
contained false information about the number of employees, size
of payrol l, and ot her financial information relating to Company-
1 and Company- 2 . These false representations appear to be
designed to result in the procurement of PPP loans just shy of
$2 million for each company , the largest PPP loan that was
allowed by PPP Loan Company-1 at t h e time that the Company- 1 and
Company- 2 PPP Loan Applications were submitted .
4. In early July 2020 , the PPP l oan applications for both
Company-1 and Company- 2 were approved, resulting in the
disbursement of nearly $4 million total in fraudulently procured
loans to the defendants.
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5. Between July and August 2020 , there were significant
disbursements from the Company- 1 Bank Account that did not
appear to meet the requirements for the use of PPP funds ,
including large transfers of funds abroad , the movement of funds
to an investment management company , and the payment of
approximately $729 , 550 in funds to a bank account which is
controlled by APOCALYPSE BELLA , a/k/a "Dias Yumba ," the
defendant , and approximately $138 , 000 to a bank account which is
controlled by MACKENZY TOUSSAINT , a/k/a " Mack ," the defendant .
6. Starting in or about February 2021 , AMOS MUNDENDI ,
a/k/a "Mos ," a/k/a " El Ashile Mundi ," the defendant , began to
facilitate the process of fraudulently applying for a second
round of PPP loans , including for Company- 1 and Company-2 . This
resulted in a second fraudulent PPP Loan Application being
prepared and submitted in the name of Company- 1 requesting an
additional $2 million in PPP funds . Those funds have not yet
been disbursed .
Statutory Allegations
7. From at least in or about March 2020 to the present ,
in the Southern District of New York and elsewhere , APOCALYPSE
BELLA , a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and
AMOS MUNDENDI , a/k/a "Mos ," a/k/a "El Ashile Mundi , " the
defendants , together with others known and unknown , willfully
and knowingly combined , conspired , confederated , and agreed
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together and with each other to commit an offense against the
United States and to defraud the United States and an agency
thereof , to wit , the SBA , in violation of Title 18 , United
States Code , Sections 1031 and 2.
8. It was a part and an object of the conspiracy that
APOCALYPSE BELLA , a/k/a " Dias Yumba , " MACKENZY TOUSSAINT , a/k/a
" Mack ," and AMOS MUNDENDI , a/k/a " Mos ," a/k/a " El Ashile Mundi ,"
the defendants , together with others known and unknown ,
willfully and knowingly would and did execute and attempt to
execute , a scheme and artifice with the intent to defraud the
United States , and to obtain money and property by means of
false and fraudulent pretenses , representations , and promises ,
in a grant , contract , subcontract , subsidy , loan , guarantee ,
insurance , and other form of Federal assistance , including
through an economic stimulus , recovery and rescue plan provided
by the Government , the value of which was $1 , 000 , 000 and more ,
to wit , BELLA , TOUSSAINT , and MUNDENDI engaged in a scheme to
obtain at least approximately $14 million in Government -
guaranteed loans for various companies , including Company- 1 and
Company- 2 , by means of false and fraudulent pretenses ,
representations , and documents , through the PPP of the SBA ,
designed to provide relief to small businesses during the novel
coronavirus/COVID - 19 pandemic .
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9. It was a further part and an object of the conspiracy
that APOCALYPSE BELLA , a/k/a "Dias Yumba ," MACKENZY TOUSSAINT ,
a/k/a "Mack," and AMOS MUNDENDI , a/k/a " Mos ," a/k/a "El Ashile
Mundi ," the defendants , together with others known and unknown ,
willfully and knowingly would and did defraud the United States,
and an agency thereof, to wit , BELLA , TOUSSAINT , and MUNDENDI
engaged in a scheme to obtain at least approximately $14 million
in Government-guaranteed loans for various companies , including
Company- 1 and Company-2 , by means of false and fraudulent
pretenses , representations , and documents , through the SBA's
Payment Protection Program.
Overt Acts
10. In furtherance of the conspiracy and to effect the
illegal objects thereof , APOCALYPSE BELLA , a/k/a " Dias Yumba ,"
MACKENZY TOUSSAINT , a/k/a " Mack ," and AMOS MUNDENDI , a/k/a
"Mos," a/k/a "El Ashile Mundi ," the defendants , and others known
and unknown , committed the following overt acts , among others ,
in the Southern District of New York and elsewhere :
a. In or about July 2020 , a co-conspirator not named
herein ("CC-1 " ) , who was located in the Southern District of New
York and acts as an agent of both Company- 1 and Company- 2 ,
caused a total of approximately $729 , 550 in proceeds from
fraudulently procured PPP loans to be transferred to a bank
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account controlled by BELLA from a bank account located in the
Southern District of New York .
b. In or about August 2020 , CC-1 , who was located in
the Southern District of New York , caused a total of
approximately $138 , 000 in proceeds from fraudulently procured
PPP loans to be transferred to an account controlled by
TOUSSAINT from a bank account located in the Southern District
of New York .
c. In or about February 2021 and March 2021 ,
MUNDENDI communicated with CC-1 , who was located in the Southern
District of New York , and caused to be prepared a fraudulent PPP
application for Company- 2 , which was transmitted to CC-1.
(Title 18 , United States Code , Section 371) .
COUNT TWO
(Major Fraud Against the United States)
The Grand Jury further charges :
11 . The allegations set forth in paragraphs 1 to 6 are
repeated and realleged , and incorporated by reference as if
fully set forth herein .
12 . From at least in or about March 2020 to the present,
in the Southern District of New York and elsewhere , APOCALYPSE
BELLA , a/k/a "Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and
AMOS MUNDENDI , a/k/a "Mos ," a/k/a "El Ashile Mundi , " the
defendants , willfully and knowingly executed , and attempted to
execute , a scheme and artifice with t he intent to defraud the
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United States, and to obtain money and property by means of
false and fraudulent pretenses , representations , and promises ,
in a grant , contract , subcontract , subsidy , loan , guarantee ,
insurance , and other form of Federal assistance , including
through an economic stimulus , recovery and rescue plan provided
by the Government , the value of which was $1 , 000 , 000 and more ,
to wit , BELLA, TOUSSAINT , AND MUNDENDI engaged in a scheme to
obta in at least approximately $14 million in Government-
guaranteed loans by means of false and fraudulent pretenses ,
representations , and documents, including for Company- 1 and
Company- 2 , through the PPP .
(Title 18, United States Code , Sections 1031 and 2 . )
COUNT THREE
(Wire Fraud Conspiracy)
The Grand Jury further charges:
13 . The allegations set forth in paragraphs 1 to 6 are
repeated and realleged , and incorporated by reference as if
fully set forth herein .
14. From at least in or about March 2020 through at least
in or about May 2020 , in the Southern District of New York and
elsewhere , APOCALYPSE BELLA , a/k/a "Dias Yumba," MACKENZY
TOUSSAINT , a/k/a "Mack," and AMOS MUNDENDI , a/k/a "Mos," a/k/a
"El Ashile Mundi ," the defendants, and others known and unknown ,
willfully and knowingly did combine , conspire , confederate , and
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agree together and with each other to commit wire fraud , in
violation of Title 18 , United States Code , Section 1343 .
15. It was a part and an object of the conspiracy that
APOCALYPSE BELLA, a/k/a "Dias Yumba," MACKENZY TOUSSAINT , a/k/a
"Mack ," and AMOS MUNDENDI , a/k/a "Mos, " a/k/a "El Ashile Mundi, "
the defendants , and others known and unknown , willfully and
knowingly , having devised and intending to devise a scheme and
artifice to defraud , and for obtaining money and property by
means of false and fraudulent pretenses , representations , and
promises, transmitted and caused to be transmitted by means of
wire , radio ,· and television communication in interstate and
foreign commerce , writings , signs , signals , pictures , and
sounds , for the purpose of executing such scheme and artifice ,
to wit , BELLA, TOUSSAINT , AND MUNDENDI engaged in a scheme to
obtain at least approximately $14 million in Government -
guaranteed loans by means of false and fraudulent pretenses ,
representations , and documents, including Company- 1 and Company-
2 , through the PPP , including the online submission of PPP loan
applications transmitted from the Southern District of New York .
(Title 18 , United States Code, Sections 1349 and 2.)
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COUNT FOUR
(Wire Fraud)
The Grand Jury further charges:
16 . The allegations set forth in paragraphs 1 to 6 are
repeated and realleged , and incorporated by reference as if
fully set forth herein .
17 . From at least in or about March 2020 to the present ,
in the Southern District of New York and elsewhere , APOCALYPSE
BELLA , a/k/a "Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and
AMOS MUNDENDI , a/k/a "Mos," a/k/a "El Ashile Mundi ," the
defendants , willfully and knowingly, having devised and
intending to devise a scheme and artifice to defraud , and for
obtaining money and property by means of false and fraudulent
pretenses , representations , and promises , transmitted and caused
to be transmitted by means of wire , radio , and television
communication in interstate and - foreign commerce , writings ,
signs , signals , pictures , and sounds , for the purpose of
executing such scheme and artifice , to wit , BELLA , TOUSSAINT,
AND MUNDENDI engaged in a scheme to obtain at least
approximately $14 million in Government-guaranteed loans by
means of false and fraudulent pretenses , representations , and
documents , including for Company-1 and Company- 2 , through the
PPP , for which fraudulent PPP loan applications were accessed
online from the Southern District of New York .
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(Title 18 , United States Code , Sections 1343 and 2 . )
FORFEITURE ALLEGATIONS
18. As the result of committing the offenses charged in
Counts Th r ee a n d Four of this Indictment , APOCALYPSE BE LLA ,
a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and AMOS
MUNDENDI , a/k/a " Mos ," a/k/a " El Ashile Mundi ," the defendants ,
shal l forfeit to the Un i ted States , pursuant to Tit l e 1 8 , United
States Code , Section 981 (a) (1) (C) and Title 28 United States
Code , Section 2461(c) , any and all property , real and personal ,
that constitutes , or is derived from , proceeds traceab l e to the
commission of said offenses , including but not limited to a sum
of money in United States currency representing the amount of
proceeds t raceable to t h e commission of said offenses .
Substitute Assets Provision
19 . If any of the above - described forfeitable property , as
a resu l t of any act or omission of the defendants :
a. cannot be located upon the exercise of due
diligence ;
b. has been transferred or sold to , or deposited
with , a third person ;
c. has been placed beyond the jurisdiction of the
Court ;
d. has been substantially diminished in value ; or
e. has been commingled with other property which
cannot be subdivided without difficulty ;
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it is the intent of the United States , pursuant to Title 21 ,
United States Code , Section 853(p) , and Title 28 , United States
Code , Section 246l(c) , to seek forfeiture of any other property
of the defendants up to the value of the forfeitable property
described above .
(Title 18, United States Code , Section 981 ;
Title 21 , United States Code , Section 853 ; and
Title 28 , United States Code , Section 2461 . )
RAUSS ffe l
tates Attorney
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
V.
APOCALYPSE BELLA, a/k/a "Dias Ywnba,"
MACKENZY TOUSSAINT, a/k/a "Mack," and
AMOS MUNDENDI, a/k/a "Mos," a/k/a "El Ashile
Mundi,"
Defendants.
SEALED INDICTMENT
21 Cr .
(18 U. S . C . §§ 371 , 1031 , 1343 , 1349 and 2 . )
AUDREY STRAUSS
Un i ted States Attorney
A TRUE BILL
lAJorror\+s
\)fJ~cr(' OT~ <1/1Lf/1-J
~
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MIME−Version:1.0
From:ecf_txnd@txnd.uscourts.gov
To:Courtmail@localhost.localdomain
Bcc:
−−Case Participants: Bret Martin (bretmartinatty@gmail.com), Marcus J Busch−DOJ
(bcombs@usa.doj.gov, caseview.ecf@usdoj.gov, dwirtz@usa.doj.gov, lwright3@usa.doj.gov,
marcus.busch@usdoj.gov, nleblanc@usa.doj.gov, usatxn.central.docketing@usdoj.gov),
Magistrate Judge Renee Harris Toliver (ethan_glenn@txnd.uscourts.gov,
judge_toliver_ecfdocs@txnd.uscourts.gov, lina_figari@txnd.uscourts.gov,
mervin_wright@txnd.uscourts.gov)
−−Non Case Participants:
−−No Notice Sent:
Message−Id:13117659@txnd.uscourts.gov
Subject:Activity in Case 3:21−mj−00387−BK USA v. SEALED Rule 5(f)(1) Order
Content−Type: text/html
If you need to know whether you must send the presiding judge a paper copy of a document that you
have docketed in this case, click here: Judges' Copy Requirements. Click here to see Judge Specific
Requirements. Unless exempted, attorneys who are not admitted to practice in the Northern District of
Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov. If
admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.
U.S. District Court
Northern District of Texas
Notice of Electronic Filing
The following transaction was entered on 4/23/2021 at 1:01 PM CDT and filed on 4/23/2021
Case Name: USA v. SEALED
Case Number: 3:21−mj−00387−BK
Filer:
Document Number: 3(No document attached)
Docket Text:
ELECTRONIC ORDER As to Amos Mundendi: by this order −− issued to the prosecution and
defense counsel −− the court confirms the disclosure obligation of the prosecutor under
Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and the possible consequences of
violating such order under applicable law.
This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of Criminal
Procedure, and is in addition to the oral order entered by the court on the first scheduled
court date when both the prosecutor and defense counsel were present. (Ordered by
Magistrate Judge Renee Harris Toliver on 4/23/2021) (mcrd)
3:21−mj−00387−BK−1 Notice has been electronically mailed to:
Marcus J Busch−DOJ marcus.busch@usdoj.gov, BCombs@usa.doj.gov, CaseView.ECF@usdoj.gov,
DWirtz@usa.doj.gov, LWright3@usa.doj.gov, NLeBlanc@usa.doj.gov,
USATXN.Central.Docketing@usdoj.gov
17
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Entry
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Bret Martin bretmartinatty@gmail.com
3:21−mj−00387−BK−1 The CM/ECF system has NOT delivered notice electronically to the names listed
below. The clerk's office will only serve notice of court Orders and Judgments by mail as required by
the federal rules.
18
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MIME−Version:1.0
From:ecf_txnd@txnd.uscourts.gov
To:Courtmail@localhost.localdomain
Bcc:
−−Case Participants: Magistrate Judge Renee Harris Toliver (ethan_glenn@txnd.uscourts.gov,
judge_toliver_ecfdocs@txnd.uscourts.gov, lina_figari@txnd.uscourts.gov,
mervin_wright@txnd.uscourts.gov)
−−Non Case Participants:
−−No Notice Sent:
Message−Id:13117654@txnd.uscourts.gov
Subject:Activity in Case 21−387 Sealed v. Sealed (Redacted Notice)
Content−Type: text/html
If you need to know whether you must send the presiding judge a paper copy of a document that you
have docketed in this case, click here: Judges' Copy Requirements. Click here to see Judge Specific
Requirements. Unless exempted, attorneys who are not admitted to practice in the Northern District of
Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov. If
admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.
U.S. District Court
Northern District of Texas
Notice of Electronic Filing
The following transaction was entered on 4/23/2021 at 1:00 PM CDT and filed on 4/23/2021
Case Name: USA v. SEALED
Case Number: 3:21−mj−00387−BK *SEALED*
Filer:
Document Number: 2(No document attached)
Docket Text:
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Renee Harris
Toliver: Initial Appearance as to Amos Mundendi held on 4/23/2021. Date of Arrest: 4/23/2021.
Location interval set to: LC. The judge issued the oral order required by Fed. R. Crim. P.
5(f)(1). Written order to follow. Attorney Appearances: AUSA − Marcus Busch; Defense −
Bret Martin. (No exhibits) Time in Court − :05. (Court Reporter: Shawnie Archuleta)
(Interpreter NA.) (USPO Wayne Poton.) (mcrd)
3:21−mj−00387−BK *SEALED*−1 No electronic public notice will be sent because the case/entry is
sealed.
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UNITED STATES DISTRICT COURT
FOR THE Northern District of Texas
Dallas
USA )
Plaintiff, )
)
v. ) Case Number: 3:21−mj−00387−BK
)
Amos Mundendi )
Defendant. )
ORDER OF TEMPORARY COMMITMENT
On this date the defendant made an initial appearance after having been arrested in this
district for an offense against the laws of the United States.
The government moved for a hearing to determine whether any condition or combination of
conditions will reasonably assure the defendant's appearances and the safety of any other person
and the community (18 U.S.C. § 3142(f), as amended P.L. 98−473, 98 Stat. 1873).
Counsel for the government moved for a continuance of such hearing. IT IS, THEREFORE,
ORDERED that the hearing is to be held on 4/26/2021 at 10:00 AM before Magistrate
Judge Renee Harris Toliver, unless extended for good cause.*
IT IS FURTHER ORDERED that the defendant is committed to the custody of the United
States Marshal for confinement in a corrections facility separate, to the extent practicable, from persons
awaiting or serving sentences or being held in custody pending appeal, pending the above scheduled
detention hearing.
A copy of this order shall be transmitted to counsel for the parties.
SIGNED 4/23/2021.
Renee Harris Toliver
Magistrate Judge
* A continuance on behalf of the government will be granted without a hearing only upon the written consent of
the Defendant or his attorney. A continuance on behalf of the Defendant will be granted without a hearing upon
the written request of the Defendant or his attorney. Continuances shall not exceed five work days from the
original setting for the Detention Hearing.
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MIME−Version:1.0
From:ecf_txnd@txnd.uscourts.gov
To:Courtmail@localhost.localdomain
Bcc:
−−Case Participants: Marcus J Busch−DOJ (bcombs@usa.doj.gov, caseview.ecf@usdoj.gov,
dwirtz@usa.doj.gov, lwright3@usa.doj.gov, marcus.busch@usdoj.gov, nleblanc@usa.doj.gov,
usatxn.central.docketing@usdoj.gov), Bret Martin (bretmartinatty@gmail.com), Magistrate
Judge Renee Harris Toliver (ethan_glenn@txnd.uscourts.gov,
judge_toliver_ecfdocs@txnd.uscourts.gov, lina_figari@txnd.uscourts.gov,
mervin_wright@txnd.uscourts.gov)
−−Non Case Participants: Probation Office (txnp_edocs−pro@txnp.uscourts.gov), U.S.
Marshals Office (usms−txn−courtdocket@usdoj.gov, usms−txn−courtdocket@usdoj.gov)
−−No Notice Sent:
Message−Id:13120941@txnd.uscourts.gov
Subject:Activity in Case 3:21−mj−00387−BK USA v. Mundendi Hearing Not Held
Content−Type: text/html
If you need to know whether you must send the presiding judge a paper copy of a document that you
have docketed in this case, click here: Judges' Copy Requirements. Click here to see Judge Specific
Requirements. Unless exempted, attorneys who are not admitted to practice in the Northern District of
Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov. If
admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.
U.S. District Court
Northern District of Texas
Notice of Electronic Filing
The following transaction was entered on 4/26/2021 at 12:51 PM CDT and filed on 4/26/2021
Case Name: USA v. Mundendi
Case Number: 3:21−mj−00387−BK
Filer:
Document Number: 7(No document attached)
Docket Text:
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Renee Harris
Toliver: Detention Hearing not held on 4/26/2021 as to Amos Mundendi. Detention Hearing
reset for 4/28/2021 01:00 PM in US Courthouse, Courtroom 1306, 1100 Commerce St., Dallas,
TX 75242−1310 before Magistrate Judge Renee Harris Toliver. Attorney Appearances: AUSA
− Fabio Leonardi; Defense − Bret Martin. (No exhibits) Time in Court − :03. (Court Reporter:
Todd Anderson) (Interpreter NA.) (USPO Javier Lujan.) (mcrd)
3:21−mj−00387−BK−1 Notice has been electronically mailed to:
Marcus J Busch−DOJ marcus.busch@usdoj.gov, BCombs@usa.doj.gov, CaseView.ECF@usdoj.gov,
DWirtz@usa.doj.gov, LWright3@usa.doj.gov, NLeBlanc@usa.doj.gov,
USATXN.Central.Docketing@usdoj.gov
Bret Martin bretmartinatty@gmail.com
23
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NEF for Docket
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Entry
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Filed
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3:21−mj−00387−BK−1 The CM/ECF system has NOT delivered notice electronically to the names listed
below. The clerk's office will only serve notice of court Orders and Judgments by mail as required by
the federal rules.
24
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA
v. CRIMINAL NO. 3:21-MJ-387-BK
AMOS MUNDENDI
MOTION FOR DETENTION
The United States moves for pretrial detention of defendant, Amos Mundendi,
pursuant to 18 U.S.C. § 3142(e) and (f).
1. Eligibility of Case. This case is eligible for a detention order because the
case involves (check all that apply):
Crime of violence (18 U.S.C. § 3156);
Maximum sentence life imprisonment or death
10 + year drug offense
Felony, with two prior convictions in above categories
X Serious risk defendant will flee
Serious risk obstruction of justice
Felony involving a minor victim
Felony involving a firearm, destructive device, or any other
dangerous weapon
Felony involving a failure to register (18 U.S.C. § 2250)
Motion for Detention - Page 1
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2. Reason for Detention. The Court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
X Defendant=s appearance as required
Safety of any other person and the community
3. Rebuttable Presumption. The United States will invoke the rebuttable
presumption against defendant because (check one or both):
Probable cause to believe defendant committed 10+ year drug
offense or firearms offense, 18 U.S.C. § 924(c)
Probable cause to believe defendant committed a federal
crime of terrorism, 18 U.S.C. § 2332b(g)(5)
Probable cause to believe defendant committed an offense
involving a minor, 18 U.S.C. §§ 1201, 2422
Previous conviction for Aeligible@ offense committed while on
pretrial bond.
4. Time For Detention Hearing. The United States requests the Court conduct
the detention hearing,
X At first appearance
After continuance of 3 days.
Motion for Detention - Page 2
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DATED this 26th day of April 2021.
Respectfully submitted,
PRERAK SHAH
ACTING UNITED STATES ATTORNEY
/s/ Fabio Leonardi
FABIO LEONARDI
Assistant United States Attorney
New York Bar No. 4902938
1100 Commerce Street, Third Floor
Dallas, Texas 75242-1699
Telephone: 214-659-8815
Facsimile: 214-659-8809
Email: fabio.leonardi@usdoj.gov
Motion for Detention - Page 3
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MIME−Version:1.0
From:ecf_txnd@txnd.uscourts.gov
To:Courtmail@localhost.localdomain
Bcc:
−−Case Participants: Marcus J Busch−DOJ (bcombs@usa.doj.gov, caseview.ecf@usdoj.gov,
dwirtz@usa.doj.gov, lwright3@usa.doj.gov, marcus.busch@usdoj.gov, nleblanc@usa.doj.gov,
usatxn.central.docketing@usdoj.gov), Fabio Leonardi−DOJ (caseview.ecf@usdoj.gov,
fabio.leonardi@usdoj.gov, lauren.wright@usdoj.gov, nicole.leblanc@usdoj.gov,
usatxn.central.docketing@usdoj.gov), Bret Martin (bretmartinatty@gmail.com), Magistrate
Judge Renee Harris Toliver (ethan_glenn@txnd.uscourts.gov,
judge_toliver_ecfdocs@txnd.uscourts.gov, lina_figari@txnd.uscourts.gov,
mervin_wright@txnd.uscourts.gov)
−−Non Case Participants: Probation Office (txnp_edocs−pro@txnp.uscourts.gov)
−−No Notice Sent:
Message−Id:13128836@txnd.uscourts.gov
Subject:Activity in Case 3:21−mj−00387−BK USA v. Mundendi Detention Hearing
Content−Type: text/html
If you need to know whether you must send the presiding judge a paper copy of a document that you
have docketed in this case, click here: Judges' Copy Requirements. Click here to see Judge Specific
Requirements. Unless exempted, attorneys who are not admitted to practice in the Northern District of
Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov. If
admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.
U.S. District Court
Northern District of Texas
Notice of Electronic Filing
The following transaction was entered on 4/28/2021 at 4:57 PM CDT and filed on 4/28/2021
Case Name: USA v. Mundendi
Case Number: 3:21−mj−00387−BK
Filer:
Document Number: 9(No document attached)
Docket Text:
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Renee Harris
Toliver: Detention Hearing as to Amos Mundendi held on 4/28/2021. Location interval set to:
LC. Attorney Appearances: AUSA − Fabio Leonardi; Defense − Bret Martin. (No exhibits)
Time in Court − :10. (Court Reporter: Charyse Crawford) (Interpreter NA.) (USPO Eric Zarate.)
(mcrd)
3:21−mj−00387−BK−1 Notice has been electronically mailed to:
Marcus J Busch−DOJ marcus.busch@usdoj.gov, BCombs@usa.doj.gov, CaseView.ECF@usdoj.gov,
DWirtz@usa.doj.gov, LWright3@usa.doj.gov, NLeBlanc@usa.doj.gov,
USATXN.Central.Docketing@usdoj.gov
Bret Martin bretmartinatty@gmail.com
28
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Entry
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Filed
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of 2
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Fabio Leonardi−DOJ fabio.leonardi@usdoj.gov, CaseView.ECF@usdoj.gov, Lauren.Wright@usdoj.gov,
Nicole.LeBlanc@usdoj.gov, USATXN.Central.Docketing@usdoj.gov
3:21−mj−00387−BK−1 The CM/ECF system has NOT delivered notice electronically to the names listed
below. The clerk's office will only serve notice of court Orders and Judgments by mail as required by
the federal rules.
29
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UNITED STATES DISTRICT COURT
FOR THE Northern District of Texas
Dallas
)
USA )
Plaintiff, )
)
v. ) Case Number: 3:21−mj−00387−BK
)
Amos Mundendi )
Defendant. )
DETENTION ORDER
After consultation with counsel, the defendant knowingly and voluntarily waived the right
to a hearing on the motion for detention at this time, subject to any reservation of rights on the waiver
form. The defendant also knowingly and voluntarily waived the right to a preliminary hearing pursuant to
Rule 5.1 of the Federal Rules of Criminal Procedure. Accordingly, the Court finds probable cause to
believe the defendant committed the offense(s) charged in the Criminal Complaint. Furthermore, the
government's motion for detention is GRANTED.
The defendant is committed to the custody of the Attorney General or a designated
representative for confinement in a corrections facility separate, to the extent practicable, from
persons awaiting or serving sentences or held in custody pending appeal. The defendant must be
afforded a reasonable opportunity to consult privately with defense counsel. On order of a
United States Court or on request of an attorney for the Government, the person in charge of the
corrections facility must deliver the defendant to the United States Marshal for a court appearance.
SO ORDERED ON 4/28/2021.
Renee Harris Toliver
Magistrate Judge
33
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Full text is unavailable because the extracted source contains local process references that are not suitable for publication.