Indictment as to Carl Delano Torjagbo (1) as to count(s) 1, 2-4 — USA v. Torjagbo (Dkt. 1, N.D. Ga. No. 1:22-cr-00171)

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U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-UNA · Doc. 1 · 2022-05-10 · Docket on CourtListener

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EIMER, Clerk 
ori t
 Deputy Clerk 
ORIGINAL 
FILM N OPEN OM 
LUSID_C_-Att 
MAY 
0 2022 
KEVI 
IN THE UNITED SLUES DISIRICT COURT By • 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
V. 
CARL DELANO TORJAGBO, 
a/k/a KARL LUCIUS DELANO  
CRIMINAL INDICTMENT 
1 2 2 
C R - 1 7 1 
UNDER SEAL 
THE GRAND JURY CHARGES THAT: 
COUNT 1 
BANK FRAUD 
1. 
Beginning in or about January 2021 and continuing through at least in or 
about March 2021, in the Northern District of Georgia and elsewhere, the 
Defendant, 
Carl Delano Torjagbo, aikia Karl Lucius Delano, 
aided and abetted by others, knowingly executed and attempted to execute 
a scheme and artifice to defraud JPMorgan Chase Bank, National 
Association ("Chase Bank"), a financial institution as defined in 18 U.S.C. 
§ 20, and to obtain moneys and funds owned by and under the custody 
and control of Chase Bank, by means of materially false and fraudulent 
pretenses, representations, and promises, and by the omission of material 
facts. 
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2.
The object of this scheme was for Defendant Torjagbo to unjustly enrich 
himself at the expense of Chase Bank. 
3.
Chase Bank participated as a lender in the Paycheck Protection Program 
("PPP"), which was designed to help small businesses survive the COVID-
19 pandemic by providing them with funds to cover certain payroll costs, 
including benefits, interest on mortgages, rent, and utilities. 
4.
To be eligible for a PPP loan, a business had to have been "in operation on 
February 15, 2020." 
5.
Kremkov Industries LLC ("Kremkov Industries") is a Georgia company 
organized by Defendant Torjagbo on or about January 4, 2021, 
approximately 10 months after the PPP-eligibility date had expired. 
6.
Kremkov Industries was not eligible for a PPP loan because it was not "in 
operation on February 15, 2020." 
7.
Kremkov Industries never conducted any legitimate business. And it never 
paid wages to employees because it had no employees. 
8.
Nevertheless, on or about February 16, 2021, Defendant Torjagbo signed a 
PPP loan application on behalf of Kremkov Industries and submitted it to 
Chase Bank, requesting a PPP loan of $9,554,425. 
Page 2 of 13 
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9.
Defendant Torjagbo swore that the information he provided in the 
application and in all supporting documents and forms was "true and 
accurate in all material respects." 
10.
On the application, Defendant Torjagbo stated that Kremkov Industries 
was m operation on February 15, 2020." That was not true. 
11.
On the application, Defendant Torjagbo stated that a PPP loan was 
necessary to support the "ongoing operations" of Kremkov Industries. 
That was not true. 
12.
On the application, Defendant Torjagbo stated that Kremkov Industries 
had 493 employees. That was not true. 
13.
On the application, Defendant Torjagbo stated that Kremkov Industries 
had an average monthly payroll of $3,821,770. That was not true either. 
14.
When he signed the PPP loan application and submitted it to Chase Bank, 
Defendant Torjagbo knew and had reason to know that the application 
contained materially false and fraudulent representations. 
15.
In support of the PPP loan application, Defendant Torjagbo submitted 
fraudulent documents to Chase Bank, including false tax returns (IRS 
Forms 940, 941, and 1040) and fake reports that listed the names and make-
Page 3 of 13 
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believe payroll information of 493 people who allegedly worked for 
Kremkov Industries. 
16.
On or about March 29, 2021, as a result of Defendant Torjagbo's materially 
false and fraudulent representations, Chase Bank transferred $9,554,425 in 
PPP loan proceeds to Defendant Torjagbo's custody and control. 
All M violation of Title 18, United States Code, Section 1344 and Section 2. 
COUNTS 2 THROUGH 4 
CONCEALMENT MONEY LAUNDERING 
17.
The facts alleged in paragraphs 2-16 are incorporated here. 
18.
The PPP loan proceeds were initially deposited into Chase Bank account 
#8755, titled in the name of Kremkov Industries. Immediately before that 
deposit, the balance in that account was only $105.00. 
19.
On the PPP loan application, Defendant Torjagbo certified that "[a]ll loan 
proceeds [would] be used only for business-related purposes as specified 
in the loan application and consistent with the Paycheck Protection 
Program Rules." 
20.
Defendant Torjagbo acknowledged that he could be prosecuted if the PPP 
loan proceeds were "knowingly used for unauthorized purposes." 
21.
Defendant Torjagbo knowingly used the PPP loan proceeds for 
unauthorized purposes. 
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22.
On or about April 8, 2021, Defendant Torjagbo caused $3 million of the 
PPP loan proceeds to be transferred by check from Chase Bank account 
#8755, titled in the name of Kremkov Industries, to PNC Bank, National 
Association ("PNC") account #9499, titled in the name of Kremkov 
Industries. On that check, Defendant Torjagbo wrote a note stating that it 
was for "payroll." But those funds were not used to pay "payroll" 
expenses incurred by Kremkov Industries. Instead, those funds were used 
to pay Defendant Torjagbo's personal debts and expenses. 
23.
On or about July 29, 2021, Defendant Torjagbo filed a petition to change 
his name to Karl Lucius Delano. 
24.
On or about August 17, 2021, Defendant Torjagbo created a Wyoming 
company called FlyingJack freight& Logistics LLC ("FlyingJack"). 
25.
On or about August 26, 2021, Defendant Torjagbo opened Bank of America 
account #1199, titled in the name of FlyingJack. 
26.
Defendant Torjagbo used bank fraud proceeds to pay startup expenses 
incurred by FlyingJack. 
27.
Defendant Torjagbo used bank fraud proceeds to purchase trucks and 
trailers in the name of FlyingJack. 
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28.
Defendant Torjagbo used bank fraud proceeds to purchase real property in 
the name of Karl Lucius Delano. 
29.
Defendant Torjagbo caused bank fraud proceeds to be deposited into the 
following bank accounts: 
•
Chase Bank account #8755, titled in the name of Kremkov Industries; 
•
PNC account #9499, titled in the name of Kremkov Industries; 
•
PNC account #9814, titled in the name of Carl Torjagbo; 
•
PNC account #9822, titled in the name of Carl Torjagbo; 
•
PNC account #9849, titled in the name of Carl Torjagbo; and 
•
Bank of America account #1199, titled in the name of FlyingJack. 
30. 
Defendant Torjagbo used online transfers between accounts, wire 
transfers, checks, cashier's checks, debit cards, credit cards, and cash 
withdrawals to conceal and disguise the nature, location, source, 
ownership, and control of the bank fraud proceeds, and to convert the 
bank fraud proceeds to his own use. 
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31. 
On or about each date set forth below, in the Northern District of Georgia 
and elsewhere, the Defendant, 
Carl Delano Torjagbo, ails/a Karl Lucius Delano, 
aided and abetted by others, knowing that the property involved in a 
financial transaction represented the proceeds of some form of unlawful 
activity, conducted and attempted to conduct a financial transaction, 
which in fact involved the proceeds of specified unlawful activity, namely, 
bank fraud in violation of Title 18, United States Code, Section 1344, 
knowing that the transaction was designed in whole and in part to conceal 
and disguise the nature, location, source, ownership, and control of the 
proceeds of specified unlawful activity:
 
Count 
Date 
Payment 
Amount & 
Method 
From 
To 
For 
2 
check 
dated 
04/08/21 
$3,000,000 
check 
Chase Bank 
account 
#8755, titled 
in name of 
Kremkov 
Industries 
PNC account 
#9499, titled 
in name of 
Kremkov 
Industries 
"payroll" 
Page 7 of 13 
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Count 
Date 
Payment 
Amount & 
Method 
From 
To 
For 
3 
10/27/21 $91,076.66 
wire 
transfer 
PNC account 
#9849, titled 
in name of 
Carl Torjagbo 
Cadence 
Bank, NA 
account 
#4138, titled 
in name of 
North 
Atlanta Law 
Group, P.C. 
Karl Lucius 
Delano's 
purchase of 
Tract 4, part 
of tax parcel 
C056-0857-
003, now 
known as tax 
parcel C056-
0857-006 
4 
03/07/22 $150,005.13 
wire 
transfer 
Bank of 
America 
account 
#1199, titled 
in name of 
FlyingJack 
Truist Bank 
account 
#0104, titled 
in name of 
Ganek PC 
FlyingJack's 
purchase of 
101 Holt 
Drive, 
Acworth, GA 
All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) and 
Section 2. 
Page 8 of 13 
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COUNTS 5 THROUGH 7 
TRANSACTIONAL MONEY LAUNDERING 
32.
The facts alleged in paragraphs 2-16, 18-22, and 29-30 are incorporated 
here. 
33.
On or about each date set forth below, in the Northern District of Georgia 
and elsewhere, the Defendant, 
Carl Delano Torjagbo, a/kia Karl Lucius Delano, 
aided and abetted by others, knowingly engaged in and attempted to 
engage in a monetary transaction by, through, and to a financial 
institution, affecting interstate commerce, knowing that such transaction 
involved criminally derived property of a value greater than $10,000, such 
property having been derived from a specified unlawful activity, that is, 
bank fraud in violation of Title 18, United States Code, Section 1344: 
Count 
Date 
Payment 
Amount & 
Method 
From 
To 
For 
5 
05/28/21 $1,660,861.01 
wire transfer 
PNC account 
#9849, titled 
in name of 
Carl 
Torjagbo 
First-Citizens 
Bank & Trust 
Company 
account 
#7370, titled 
in name of 
O'Kelley & 
Sorohan 
5114 
Greythorne 
Lane, 
Marietta, GA 
Page 9 of 13 
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Count 
Date 
Payment 
Amount & 
Method 
From 
To 
For 
6 
08/06/21 $87,020 wire 
transfer 
PNC account 
#9849, titled 
in name of 
Carl 
Torjagbo 
Bank of 
America 
account 
#0174, titled 
in name of 
Niello 
Imports II, 
Inc. 
2021 Land 
Rover Velar, 
VIN: 
SALYM2FU7 
MA302651 
7 
01/24/22 $115,250.79 
cashier's 
check 
Bank of 
America 
account 
#1199, titled 
in name of 
FlyingJack 
Global 
Imports 
BMW LLC 
2022 BMW 
M850XL, 
VIN: 
VVBAGV8C0 
6NCH96608 
All in violation of Title 18, United States Code, Section 1957 and Section 2. 
Page 10 of 13 
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FORFEITURE PROVISION 
34. 
Upon conviction of the offense alleged in Count 1 of this 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), 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 money in United States currency representing the 
amount of proceeds obtained as a result of each offense for 
which the Defendant is convicted. 
(b)
REAL PROPERTY: 
(1)
5114 Greythorne Lane, Marietta, Cobb County, Georgia 30068, 
and all  buildings and appurtenances thereto. 
(2)
101 Holt Drive, Acworth, Cobb County, Georgia 30101, and all 
buildings and appurtenances thereto. 
(3)
0 Scott Road, Forest Park, Clayton County, Georgia 30297, and 
all buildings and appurtenances thereto. 
(4)
Tract 4 Fiber Drive, Cartersville, Bartow County, Georgia 
30120, and all buildings and appurtenances thereto. 
(5)
7526 Echo Pines Drive, Humble, Harris County, Texas 77346, 
and all buildings and appurtenances thereto. 
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35. 
Upon conviction of one or more of the offenses alleged in Counts 2 
through 7 of this 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)(1), all property, real or personal, 
involved in such offenses, and all  property traceable to such offenses, 
including but not limited to the following: 
(a)
MONEY JUDGMENT: 
(1) 
A sum of money in U.S. currency representing the value of the 
property involved in the offenses for which the Defendant is 
convicted. 
(b)
REAL PROPERTY: 
(1)
5114 Greythorne Lane, Marietta, Cobb County, Georgia 30068, 
and all buildings and appurtenances thereto. 
(2)
101 Holt Drive, Acworth, Cobb County, Georgia 30101, and all 
buildings and appurtenances thereto. 
(3)
0 Scott Road, Forest Park, Clayton County, Georgia 30297, and 
all buildings and appurtenances thereto. 
(4)
Tract 4 Fiber Drive, Cartersville, Bartow County, Georgia 
30120, and all buildings and appurtenances thereto. 
(5)
7526 Echo Pines Drive, Humble, Harris County, Texas 77346, 
and all buildings and appurtenances thereto. 
36. 
If, as a result of any act or omission of the Defendant, any property subject 
to forfeiture (a) cannot be located upon the exercise of due diligence; (b) 
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FOREPERSON 
Ryan K. Buchanan 
ATTORNEY 
sell Phillips 
ASSISTANT UNITED STATES ATTORNEY 
Georgia Bar No. 576335 
has been transferred or sold to, or deposited with, a third party; (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 divided without difficulty, the United States intends, 
pursuant to Title 21, United States Code, Section 853(p), as incorporated by 
Title 18, United States Code, Section 982(b), to seek forfeiture of any other 
property of the Defendant up to the value of the forfeitable property 
described above. 
A 
BILL 
600 U.S. Courthouse 
75 Ted Turner Drive, SW 
Atlanta, GA 30303 
(404) 581-6000 
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