Superseding Indictment with Forfeiture Provision as to Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 110, 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-MLB-RDC · Doc. 110 · 2024-09-03 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
FILED IN OPEN COURT 
U.S.O.C. • Atlanta 
SEP O 3 2024 
KEVIN P. WEIMER, Clerk 
By :t\uj, w... Deputy Clerk 
v. 
CASE NO. 1:22-cr-171-MLB-RDC 
CARL DELANO TORJAGBO, a/k/ a 
KARL LUCIUS DELANO 
SUPERSEDING INDICTMENT 
The Grand Jury charges that: 
Countl 
(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 Lucius Delano, aided and abetted by others 
unknown to the Grand Jury, knowingly executed, attempted to execute, 
and participated in a scheme and artifice to defraud JPMorgan Chase 
Bank, National Association, d/b/a "Chase Bank," a financial institution 
whose deposits were then insured by the FDIC, 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 ("the bank fraud scheme"). 
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Background 
2. 
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. 
3. 
To be eligible for a PPP loan, a business had to have been "in operation on 
February 15, 2020." 
Manner and Means of the Bank Fraud Scheme 
4. 
Approximately 10 months after the PPP-eligibility date had expired, 
Defendant Torjagbo created a company called Kremkov Industries LLC. 
5. 
Since Kremkov Industries was not in operation on February 15, 2020, 
it was not eligible for a PPP loan. 
6. 
Moreover, as Defendant Torjagbo 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 application, requesting a PPP loan for Kremkov 
Industries in the amount of $9,554,425. 
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8. 
Defendant Torjagbo falsely and fraudulently certified that the information 
he provided in the PPP loan application and in all supporting documents 
and forms was "true and accurate in all material respects." 
9. 
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 certified that Kremkov Industries was "in 
operation on February 15, 2020." That was not true. 
• Defendant Torjagbo certified that a PPP loan was "necessary to support 
the ongoing operations" of Kremkov Industries. That was not true. 
• Defendant Torjagbo stated that Kremkov Industries had 493 employees. 
That was not true. 
• Defendant Torjagbo stated 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 knew and had reason to know that the application 
contained materially false and fraudulent representations. 
11. 
To support the fraudulent application, Defendant Torjagbo provided 
Chase Bank with copies of false tax returns, as well as copies of phony 
payroll reports purporting to show that Kremkov Industries had paid 
wages to 493 employees. 
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12. 
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. 
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 under the custody and control of Chase Bank, 
Defendant Torjagbo, aided 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. 
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Count2 
(Aggravated Identity Theft) 
14. 
The facts alleged in paragraphs 2 through 12 are realleged and 
incorporated here. 
15. 
On or about February 16, 2021, in 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 possessed and used, without lawful authority, a means of 
identification of another person, that person being M.S., during and in 
relation to the bank fraud scheme charged in Count 1 of this Superseding 
Indictment. 
All in violation of Title 18, United States Code, Section 1028A(a)(l) and Section 2. 
Page 5 of 17 
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Counts 3 through 5 
(Concealment Money Laundering) 
16. 
The facts alleged in paragraphs 2 through 12 are realleged and 
incorporated here. 
17. 
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. 
18. 
On the PPP loan application, Defendant Torjagbo certified that Kremkov 
Industries would use the loan proceeds to "retain workers and maintain 
payroll" or make other payments allowed under the Paycheck Protection 
Program Rules. 
19. 
Defendant Torjagbo acknowledged that he could be prosecuted for fraud if 
the PPP loan proceeds were "knowingly used for unauthorized purposes." 
20. 
In spite of that warning, Defendant Torjagbo knowingly used the PPP loan 
proceeds for unauthorized purposes. 
21. 
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 a·ccounts were titled in the name of 
Kremkov Industries. Defendant Torjagbo wrote on the check that it was for 
"payroll." But that was not true. Kremkov Industries had no payroll 
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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 expenses and to fund a lifestyle for himself that he 
otherwise could not have afforded. 
22. 
Approximately four months after he fraudulently received over 
$9.5 million in PPP loan proceeds, Defendant Torjagbo filed a petition to 
change his name to Karl Lucius Delano. 
23. 
Defendant Torjagbo then created a Wyoming company called FlyingJack 
freight& Logistics LLC ("FlyingJack"). 
24. 
Defendant Torjagbo opened Bank of America account #1199 in the name of 
FlyingJack and funded the account with bank fraud proceeds. Defendant 
Torjagbo then used bank fraud proceeds to pay startup expenses for 
FlyingJack and to purchase property and equipment for FlyingJack. 
25. 
In addition, Defendant Torjagbo used bank fraud proceeds to purchase 
property in the name Karl Lucius Delano. 
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26. 
Defendant Torjagbo caused bank fraud proceeds to be deposited into the 
following accounts: 
• Chase Bank account #8755 and PNC account #9499, both titled in the 
name of Kremkov Industries; 
• PNC accounts #9814, #9822, and #9849, all titled in the name of Carl 
Torjagbo; and 
• Bank of America account #1199, titled in the name of FlyingJack. 
27. 
Defendant Torjagbo used online transfers between accounts, wire 
transfers, personal checks, cashier's checks, debit cards, credit cards, and 
cash withdrawals to convert the bank fraud proceeds to his own use. 
28. 
On or about each date set forth below, in 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, 
conducted and attempted to conduct a financial transaction, knowing that 
the property involved in such financial transaction represented the 
proceeds of some form of unlawful activity, which in fact involved the 
proceeds of specified unlawful activity, namely, the bank fraud scheme 
charged in Count 1 of this Superseding Indictment, while acting with the 
knowledge that the transaction was designed in whole and in part to 
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conceal and disguise the nature, location, source, ownership, and control 
of the proceeds of the specified unlawful activity: 
Count Date 
Payment 
From 
To 
For 
Amount& 
Method 
3 
check 
$3,000,000 
Chase Bank 
PNC account 
"payroll" 
dated 
check 
account 
#9499, titled 
04/08/21 
#8755, titled 
in name of 
in name of 
Kremkov 
Kremkov 
Industries 
Industries 
4 
10/27 /21 $91,076.66 
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 
5 
03/07 /22 $150,005.13 Bank of 
Truist Bank 
Fl yingJ ack' s 
wire 
America 
account 
purchase of 
transfer 
account 
#0104, titled 
101 Holt 
#1199, titled 
in name of 
Drive, 
in name of 
GanekPC 
Acworth,GA 
FlyingJack 
All in violation of Title 18, United States Code, Section 1956(a)(l)(B)(i) and 
Section 2. 
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Counts 6 through 8 
(Transactional Money Laundering) 
29. 
The facts alleged in paragraphs 2 through 12 and 17 through 27 are 
realleged and incorporated here. 
30. 
On or about each date set forth below, in 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 and attempted to engage in a monetary transaction 
in criminally derived property of a value greater than $10,000, said 
property having been derived from specified unlawful activity, namely, 
the bank fraud scheme charged in Count 1 of this Superseding Indictment: 
Count 
Date 
Payment 
From 
To 
For 
Amount& 
Method 
6 
05/28/21 $1,660,861.01 
PNC account First-Citizens 5114 
wire transfer 
#9849, titled 
Bank & Trust Greythorne 
in name of 
Company 
Lane, 
Carl 
account 
Marietta, GA 
Torjagbo 
#7370, titled 
in name of 
O'Kelley & 
Sorohan 
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Count 
Date 
Payment 
From 
To 
For 
Amount& 
Method 
7 
08/06/21 $87,020 wire 
PNC account Bank of 
2021 Land 
transfer 
#9849, titled 
America 
Rover Velar, 
in name of 
account 
VIN: 
Carl 
#0174, titled 
SALYM2FU7 
Torjagbo 
in name of 
MA302651 
Niello 
Imports II, 
Inc. 
8 
01/24/22 $115,250.79 
Bank of 
Global 
2022BMW 
cashier's 
America 
Imports 
M850XL, 
check 
account 
BMWLLC 
VIN: 
#1199, titled 
WBAGV8C0 
in name of 
6NCH96608 
FlyingJack 
All in violation of Title 18, United States Code, Section 1957 and Section 2. 
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Counts 9 and 10 
(Wire Fraud) 
31. 
From in or about February 2021 through in or about April 2021, the 
Defendant, Carl Delano Torjagbo, 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 Service 
("IRS"), and to obtain money from the IRS by means of materially false 
and fraudulent pretenses, representations, and promises, and by the 
omission of material facts ("the wire fraud scheme"). 
Manner and Means of the Wire Fraud Scheme 
32. 
Kremkov Industries never conducted any legitimate business, had no 
income, and never paid wages to employees because it had no employees. 
33. 
Kremkov Industries never filed any W-2s or tax returns of any kind for tax 
year 2020, or for any other tax year. 
34. 
Defendant Torjagbo did not have any wages and did not pay any 
withholdings to the IRS for tax year 2020. 
35. 
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 tax year 2020, both of which reported fictitious 
wages, withholdings, and nonpassive losses from Kremkov Industries. 
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36. 
On one of the fraudulent tax returns, Defendant Torjagbo used his Social 
Security Number (SSN) and fraudulently claimed a refund in the amount 
of $3,373,441.00. 
37. 
On the other fraudulent tax return, Defendant Torjagbo used an alternate 
form of identification called an Individual Taxpayer Identification Number 
("ITIN") and fraudulently claimed a refund in the amount of $3,015,573.00. 
Execution of the Wire Fraud Scheme 
38. 
On or about the dates set forth below, in the Northern District of Georgia 
and elsewhere, Defendant Torjagbo, aided and abetted by others unknown 
to the Grand Jury, for the purpose of executing and attempting to execute 
the wire fraud scheme, caused to be transmitted by means of wire 
communication in interstate commerce the writings, signs, signals, 
pictures, and sounds described below: 
Count Date 
Description of wire communication 
9 
02/13/2021 Electronic filing of a 2020 U.S. individual income tax 
return (Form 1040), in the name of Carl Torjagbo and 
using his SSN, which fraudulently claimed a refund in 
the amount of $3,373,441.00 
10 
02/13/2021 Electronic filing of a 2020 U.S. individual income tax 
return (Form 1040), in the name of Carl Torjagbo and 
using his ITIN, 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. 
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Forfeiture Provision 
39. 
Upon conviction of the offense alleged in Count 1 of this 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 money in United States currency, representing the 
amount of proceeds obtained as a result of the offense alleged 
in Count 1 of this Superseding Indictment. 
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) 
Tract 4 Fiber Drive, Cartersville, Bartow County, Georgia 
30120, and all buildings and appurtenances thereto. 
43. 
Upon conviction of one or more of the offenses alleged in Counts 3 
through 8 of this 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)(l), any property, 
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real or personal, involved in such offenses, or any property traceable to 
such property, including, but not limited to, the following: 
A. 
MONEY JUDGMENT: 
(1) 
A sum of money in United States currency, representing the 
amount of property obtained as a result of the offenses alleged 
in Counts 3 through 8 of this Superseding Indictment. 
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) 
Tract 4 Fiber Drive, Cartersville, Bartow County, Georgia 
30120, and all buildings and appurtenances thereto. 
40. 
Upon conviction of one or more of the offenses alleged in Counts 9 and 10 
of this Superseding Indictment, the Defendant, Carl Delano Torjagbo, 
a/k/ a Karl Lucius 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 Code, Section 2461(c), any property, real or personal, 
constituting, or derived from, proceeds traceable to the offense, including, 
but not limited to, the following: 
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A. 
MONEY JUDGMENT: 
(1) 
A sum of money in United States currency, representing the 
amount of proceeds obtained as a result of the offenses 
alleged in Counts 9 and 10 of this Superseding Indictment. 
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) 
Tract 4 Fiber Drive, Cartersville, Bartow County, Georgia 
30120, and all buildings and appurtenances thereto. 
41. 
If, as a result of any act or omission of Defendant Torjagbo, any property 
subject to forfeiture (a) cannot be located upon the exercise of due 
diligence, (b) 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 28, United States Code, Section 2461(c) and Title 18, 
United States Code, Section 982(b), to seek forfeiture of any other property 
of Defendant Torjagbo up to the value of the forfeitable property. 
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Assistant United States Attorney 
Georgia Bar No. 576335 
600 U.S. Courthouse 
75 Ted Turner Drive SW 
Atlanta, GA 30303 
(404) 581-6000 
russell.phillips@usdoj.gov 
BILL 
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