Indictment — United States v. Maurice Fayne (Dkt. 41, N.D. Ga. No. 1:20-cr-00228)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 41 · 2020-07-28 · Docket on CourtListener

Full text

FILED IN OPEN COURT
U.S.D.C. - Atlanta
it
JUL 282020
0R IGI NAL
By:
N. HATTEN, Clerk
t~ty Clerk
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
V.
MAURICE FAYNE, A/K/A
INDICTMENT NUMBER
ARKANSAS Mo,
1 :20-CR-228-MHC-JKL
AND
(FIRST SUPERSEDING)
DANIEL ERIC JAY,
DEFENDANTS
THE GRAND JURY CHARGES THAT:
Counts 1-3
Wire Fraud
18 U.S.C. § 1343
From in or about August 2014 through in or about May 2020, in the
Northern District of Georgia and elsewhere, the Defendant
Maurice Fayne, ~~fk/a Arkansas Mo,
aided and abetted by others known and unknown to the Grand Jury,
knowingly devised, intended to devise, and participated in a scheme
and artifice to defraud investors in his trucking business, and for
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obtaining money from those investors by means of materially false
and fraudulent pretenses, representations, and promises, and by the
omission of material facts (the wire fraud scheme).
2.
It was part of the wire fraud scheme that:
(a)
Defendant Fayne held himself out to be the owner of a
profitable trucking business. In truth, Defendant Fayne’s
trucking business did not generate enough revenue to cover its
expenses. And because Defendant Fayne’s trucking business
repeatedly failed to pay its bills on time, it was hit with
multiple tax liens, civil lawsuits, and judgments.
(b)
Defendant Fayne, personally and through middlemen,
including T.V., D.J., and MS., caused approximately 20
individuals to invest over $5 million in Defendant Fayne’s
trucking business.
(c)
Defendant Fayne and his middlemen:
•
made false statements to investors;
•
concealed material facts from investors; and
•
provided fraudulent documents to investors.
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(d)
Defendant Fayne and his middlemen promised that Defendant
Fayne’s trucking business would use the investors’ money to
purchase and operate trucks. Instead, Defendant Fayne used
the investors’ money to pay his personal debts and expenses,
and to fund a lifestyle for himself that he otherwise could not
have afforded. For example, during the course of the wire fraud
scheme, Defendant Fayne transferred more than $5 million to
the Choctaw Casino and Resort to cover his personal gambling
and entertainment expenses.
(e)
Defendant Fayne and his middlemen promised that investors
would be repaid from profits generated by Defendant Fayne’s
trucking business. But because Defendant Fayne squandered
the investors’ money, Defendant Fayne’s trucking business
never generated enough revenue to repay the investors. To hide
that fact from the investors, and to give his trucking business an
aura of legitimacy, Defendant Fayne used the investors’ own
money to pay some of them “make-believe profits.”
(f)
When investors became suspicious that Defendant Fayne and
his middlemen were not being truthful, Defendant Fayne and
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his middlemen made excuses to lull investors into a false sense
of security and delay their complaints to law enforcement.
3.
On or about each date set forth below, for the purpose of executing
and attempting to execute the wire fraud scheme, Defendant Fayne
transmitted and caused to be transmitted by means of wire
communication in interstate commerce the following writings, signs,
signals, pictures, and sounds:
Count
Date
Description
04-23-20
Defendant Fayne caused $175,000 to be wire
transferred from United Community Bank
account #1408, held in the name of Flame
Trucking Inc., to Navy Federal Credit Union
account #6082, held in the name of T.V.
2
04-24-20
Defendant Fayne caused $30,000 to be wire
transferred from United Community Bank
account #1408, held in the name of Flame
Trucking Inc., to JPMorgan Chase Bank, NA
account #0180, held in the name of D.J.
3
05-01-20
Defendant Fayne caused $25,000 to be wire
transferred from United Community Bank
account #1408, held in the name of Flame
Trucking Inc., to Bank of America, N.A., account
#2851, held in the name of M.S.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Page4of2O
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Count 4
Bank Fraud
18 U.S.C. § 1344
4.
From in or about April 2020 through in or about May 2020, in the
Northern District of Georgia and elsewhere, the Defendants,
Maurice Fayne, ~iisia Arkansas Mo, and Daniel Eric Jay,
aided and abetted by each other and by others known and unknown
to the Grand Jury, participated in a scheme and artifice to defraud
United Community Bank, a financial institution as defined in Title 18,
United States Code, Section 20, and to obtain moneys and funds
owned by and under the custody and control of United Community
Bank, by means of materially false and fraudulent pretenses,
representations, and promises, and by the omission bf material facts
(the bank fraud scheme).
5.
At all times material to the bank fraud scheme, Defendant Fayne was
the sole owner of a Georgia corporation called Flame Trucking Inc.
6.
United Community Bank participated as a lender in the Paycheck
Protection Program (PPP), a loan program created by the United
States Small Business Administration to help small businesses pay
-
-
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payroll costs, including benefits; interest on mortgages; rent; and
utilities during the COVID-19 pandemic.
7.
On or about March 29, 2020, Defendant Jay suggested to Defendant
Fayne that Defendant Fayne obtain a PPP loan under false pretenses
and use the loan proceeds for an illegal purpose, namely, to make
payments related to the wire fraud scheme. Defendant Jay later said
to Defendant Fayne: “[Ijf we can somehow justify 100+ drivers on
1099 for Flame we have something[.J” Defendant Jay then helped
Defendant Fayne create fraudulent documents to support a PPP loan
application.
8.
On or about April 15, 2020, for the purpose of executing and
attempting to execute the bank fraud scheme, Defendant Fayne
signed and submitted to United Community Bank a PPP loan
application in the name of Flame Trucking Inc., which requested a
loan in the amount of $3,725,500, and which falsely represented that
Flame Trucking Inc. had 107 employees and an average monthly
payroll of $1,490,200.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Page 6of 20
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Count 5
False Statement to a Federally-Insured Bank
18 U.S.C. § 1014
9.
The facts alleged in paragraphs 5 and 6 are incorporated here.
10.
On or about April 24, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
Maurice Fayne, a/Ic/a Arkansas Mo,
aided and abetted by others known and unknown to the Grand Jury,
knowingly made a false statement for the purpose of influencing the
action of United Community Bank, an institution the accounts of
which were insured by the Federal Deposit Insurance Corporation, in
connection with Flame Trucking’s PPP loan application, when he
sent an email to United Community Bank, attaching what he
represented to be October, November, and December 2019 bank
statements for Flame Trucking’s account at Arvest Bank, when in
truth and in fact — as Defendant Fayne knew — those bank statements
were phony, because Arvest Bank had shut down Flame Trucking’s
account in September 2019.
All in violation of Title 18, United States Code, Section 1014 and Section 2.
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Counts 6-15
Money Laundering
18 U.S.C. § 1956
11.
The facts alleged in paragraph 2, including all subparts, are
incorporated here.
12.
It is also relevant to the Indictment that:
(a)
In Flame Trucking’s PPP loan application, Defendant Fayne
certified that the loan proceeds would be used to “retain
workers and maintain payroll or make mortgage interest
payments, lease payments, and utility payments, as specified
under the Paycheck Protection Program Rule.”
(b)
In Flame Trucking’s PPP loan application, Defendant Fayne
acknowledged that he could be prosecuted for fraud if the PPP
loan proceeds were “knowingly used for unauthorized
purposes.
(c),
Defendant Fayne knowingly used the PPP loan proceeds for
unauthorized purposes, including the following:
•
making payments in furtherance of the wire fraud
scheme;
•
paying restitution;
•
purchasing jewelry;
•
paying child support; and
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leasing a Rolls-Royce.
(d)
In or around mid-March 2020, Defendant Fayne contacted one
of the middlemen involved in the wire fraud scheme, T.V., and
stated that he was in the process of obtaining a PPP loan.
Defendant Fayne stated that he planned to use some of the PPP
loan proceeds to make payments related to the wire fraud
scheme.
(e)
On or about April 22, 2020, United Community Bank
transferred the PPP loan proceeds to United Community Bank
account #1408, held in the name of Flame Trucking and
controlled by Defendant Fayne.
(f)
On or about April 23, 2020, Defendant Fayne wire transferred
$175,000 in PPP loan proceeds to T.V., as described in Count 1,
and Defendant Fayne instructed T.V. to use that money to
conduct certain financial transactions, including those
described in Counts 6 and 7.
13.
On or about each date set forth below, in the Northern District of
Georgia and elsewhere, the Defendant,
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Maurice Fayne, a/ic/a Arkansas Mo,
aided and abetted by others known and unknown to the Grand Jury,
knowingly conducted and attempted to conduct a financial
transaction affecting interstate commerce, which involved the
proceeds of a specified unlawful activity, that is 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, and while conducting and
attempting to conduct such financial transaction knowing that the
property involved in the financial transaction represented the
proceeds of some form of unlawful activity:
Count
Date
~Descnption
-
-
6
04-23-20
Defendant Fayne caused $60,000 in PPP loan
proceeds to be wire transferred from Navy Federal
Credit Union, account #6082, held in the name of
T.V., to Sterling National Bank account #5233, held in
the name of Lucky Star Licensing.
7
04-23-20
Defendant Fayne caused $60,000 in PPP loan
proceeds to be wire transferred from Navy Federal
Credit Union, account #6082, held in the name of
T.V., to JPMorgan Chase Bank account #1572, held in
the name of Sonoran HomeWatch LLC.
~Pagë 10 Of 20~
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Count
Date
Description
8
04-24-20
Defendant Fayne caused $75,000 in PPP loan
proceeds to be wire transferred from United
Community Bank account #1408, held in the name of
Flame Trucking Inc., to Regions Bank account #5081,
held in the name of J.S.
9
04-27-20
Defendant Fayne caused J.S. to purchase a $50,000
cashier’s check payable to the DeSha County
(Arkansas) Sheriff’s Office, to pay restitution owed
by Defendant Fayne.
10
04-23-20
Defendant Fayne caused $350,000 in PPP loan
proceeds to be wire transferred from United
Community Bank account #1408, held in the name of
Flame Trucking Inc., to Wells Fargo Bank, NA
account #0467, held in the name of C.W.
11
04-28-20
Defendant Fayne caused $84,000 in PPP loan
proceeds to be wire transferred from Wells Fargo
Bank, NA account #0467, held in the name of C.W.,
to Bank of America, New York, NY account #9593,
held in the name of Status Jewelers, to purchase three
pieces of jewelry for Defendant Fayne.
12
04-30-20
Defendant Fayne caused $40,000 in PPP loan
proceeds to be wire transferred from Wells Fargo
Bank, NA account #0467, held in the name of C.W.,
to Arkansas Federal Credit Union account #5028,
held in the name of S.T., to pay child support owed
by Defendant Fayne.
13
04-28-20
Defendant Fayne caused $90,000 in PPP loan
proceeds to be wire transferred from United
Community Bank account #1408, held in the name of
Flame Trucking Inc., to Navy Federal Credit Union
account #0090, held in the name of Maurice Fayne.
age b
O
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Count
Date
Description
14
04-30-20
Defendant Fayne caused $142,000 in PPP loan
proceeds to be wire transferred from United
Community Bank account #1408, held in the name of
Flame Trucking Inc., to Navy Federal Credit Union
account #0090, held in the name of Maurice Payne.
15
05-01-20
Defendant Fayne caused $136,000 in PPP loan
proceeds to be wire transferred from Navy Federal
Credit Union account #0090, held in the name of
Maurice Payne, to M & T Bank account #4612, held
in the name of Luxury Lease Company, as a down
payment on the lease of a 2019 Rolls-Royce Wraith,
VIN SCA665C53KUX87297.
All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) and
Section 2.
Counts 16-18
Money Laundering
18 U.S.C. § 1957
14.
The facts alleged in paragraph 2, including all subparts, are
incorporated here
15.
It is also relevant to the Indictment that:
(a)
On or about April 22, 2020, C.W. created an Arkansas limited
liability company called C.R. Wilkins Trucking, LLC.
(b)
The next day, on or about April 23, 2020— on behalf of C.R.
Wilkins Trucking, LLC — C.W. signed a contract to purchase
Pagel2Of20
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eight Kenworth T-680 trucks from TransAm Trucking, for a
total of $368,000.
(c)
Also on or about April 23, 2020— on behalf of C.R. Wilkins
Trucking, LLC — C.W. signed a contract to purchase six
refrigerated trailers from Great Dane, LLC, for a total of
$189,000.
16.
On or about each date set forth below, in the Northern District of
Georgia and elsewhere, the Defendant,
Maurice Fayne, 4/h/a Arkansas Mo,
aided and abetted by others known and unknown to the Grand Jury,
knowingly engaged in, attempted to engage in, and caused others 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—I-Date
j-Desa4pfion-—
I
Pãgê 13 of 20
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16
04-23-20
Defendant Fayne caused $368,000 in PPP loan
proceeds to be wire transferred from United
Community Bank account #1408, held in the name
of Flame Trucking Inc., to UMB Bank, N.A. account
#6105, held in the name of TransAm Trucking
Exchange, to purchase eight Kenworth T-680 trucks
for C.R. Wilkins Trucking, LLC.
17
04-23-20
Defendant Fayne caused $189,000 in PPP loan
proceeds to be wire transferred from United
Community Bank account #1408, held in the name
of Flame Trucking Inc., to JPMorgan Chase Bank,
NA account #2162, held in the name of Great Dane
LLC, to purchase six refrigerated trailers for C.R.
Wilkins Trucking, LLC.
18
04-27-20
Defendant Fayne withdrew $65,000 in cash from
United Community Bank account #1408, held in the
name of Flame Trucking Inc.
All in violation of Title 18, United States Code, Section 1957 and Section 2.
Page 14 of 20
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FORFEITURE PROVISION
17.
Upon conviction of one or more of the offenses alleged in Counts 1
through 5 of this Indictment, the Defendant, Maurice Fayne, a/k/a
Arkansas Mo, shall forfeit to the United States, pursuant to Title 18,
United States Code, Section 982(a) (2), any property, real or personal,
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:
•
A sum of money in United States currency representing
the amount of proceeds obtained as a result of each
offense, or conspiracy to commit such offense, for which
the Defendant is convicted.
(b)
Currency and Bank Funds:
•
$79,482.00 in United States Currency seized on May 11,
2020.
•
$319,113.11 in funds seized from United Community
Bank account number XXXXXX14O8 held in the name of
Flame Trucking Inc.
•
$169,650.90 in funds seized from Wells Fargo Bank
account number XXXXXXO467 held in the name of C.W.
•
$60,000.00 in funds seized from Sterling National Bank
account number XXXXX5233 held in the name of Lucky
Star Licéhsing.
Page 15 of 20
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•
$29,477.91 in funds seized from United Community Bank
account number XXXXXX2864 held in the name of IK.L.
•
$15,195.62 in funds seized from Navy Federal Credit
Union account number XXXXXX1000 held in the name of
Maurice Johnson Fayne.
•
$14,169.57 in funds seized from Navy Federal Credit
Union account number XXXXXXOO9O held in the name of
Maurice Fayne.
•
$9,362.47 in funds seized from United Community Bank
account number XXXXXX2299 held in the name of P.C.
(c)
Vehicles:
•
$136,000.00 in funds used as a down payment on, and in
lieu of, a 2019 Rolls-Royce Wraith, VIN
SCA665C53KUX87297.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X3FJ384332.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X0FJ384367.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384364.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384350.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384347.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X1FJ384362.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9XXFJ384358.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9XBFJ384343.
•
2015 Great Dane trailer, VIN 1GRAAO62XFW7O35O1.
•
2015 Great Dane trailer, VIN 1GRAA0620FW703748.
•
2015 Great Dane trailer, VIN 1GRAA0629FW703750.
•
2015 Great Dane trailer, VIN 1GRAA0626FW703754.
•
2015 Great Dane trailer, VIN 1GRAA0621FW703743.
•
2015 Great Dane trailer, VIN 1GRAA0621FW703760.
Page 16 of 20
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(d)
Personal Property:
•
One custom-made 18 kt Rolex 41mm Presidential watch,
serial number 56368358, with diamonds, purchased on or
about April 28, 2020 for $52,000.00.
•
One 10 kt custom-made Cuban bracelet with 34.75 carats
of diamonds, purchased on or about April 28, 2020 for
$24,500.00.
•
One 14 kt custom-made ring with 5.73 carats of
diamonds, purchased on or about April 28, 2020 for
$3,750.00.
18.
Upon conviction of one or more of the offenses alleged in Counts 6
through 18 of this Indictment, the Defendant, Maurice Fayne, a/k/a
Arkansas Mo, 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:
•
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)
Currency and Bank Funds:
•
$79,482.00 in United States Currency seized on May 11,
2020.
•
$319,113.11 in funds seized from United Community
Bank account number XXXXXX14O8 held in the name of
Flame Trucking Inc.
Page 17 Of 20
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•
$169,650.90 in funds seized from Wells Fargo Bank
account number XXXXXXO467 held in the name of C.W.
•
$60,000.00 in funds seized from Sterling National Bank
account number XXXXX5233 held in the name of Lucky
Star Licensing.
•
$29,477.91 in funds seized from United Community Bank
account number XXXXXX2864 held in the name of K.L.
•
$15,195.62 in funds seized from Navy Federal Credit
Union account number XXXXXX1000 held in the name of
Maurice Johnson Fayne.
•
$14,169.57 in funds seized from Navy Federal Credit
Union account number XXXXXXOO9O held in the name of
Maurice Payne.
•
$9,362.47 in funds seized from United Community Bank
account number XXXXXX2299 held in the name of P.C.
(c)
Vehicles:
•
$136,000.00 in funds used as a down payment on, and in
lieu of, a 2019 Rolls-Royce Wraith, VIN
SCA665C53KUX87297.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X3FJ384332.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X0FJ384367.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384364.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384350.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X5FJ384347.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9X1FJ384362.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9XXFJ384358.
•
2015 Kenworth T-680 truck, VIN 1XKYDP9XBFJ384343.
2015 Great Dane trailer, VIN 1GRAAO62XFW7O35O1.
•
2015 Great Dane trailer, VIN 1GRAA0620FW703748.
PageI8of2O
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•
2015 Great Dane trailer, VIN 1GRAA0629FW703750.
•
2015 Great Dane trailer, VIN 1GRAA0626FW703754.
•
2015 Great Dane trailer, yIN 1GRAA0621FW703743.
•
2015 Great Dane trailer, VIN 1GRAA0621FW703760.
(d)
Personal Property:
•
One custom-made 18 kt Rolex 41mm Presidential watch,
serial number 56365358, with diamonds, purchased on or
about April 28, 2020 for $52,000.00.
•
One 10 kt custom-made Cuban bracelet with 34.75 carats
of diamonds, purchased on or about April 28, 2020 for
$24,500.00.
•
One 14 kt custom-made ring with 5.73 carats of
diamonds, purchased on or about April 28, 2020 for
$3,750.00.
19.
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) 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, 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
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property of the Defendant up to the value of the forfeitable property
described above.
A __________________ BILL
Fc~REPERSON
BYUNG I. PAK
UNITED STATES ATTORNEY
/s/ John Russell Phillips
JOHN RUSSELL PHILLIPS
ASSISTANT UNITED STATES ATTORNEY
GEORGIA BAR No. 576335
/s/ Bernita B. Malloy
BERNITA B. MALLOY
ASSISTANT UNITED STATES ATTORNEY
GEORGIA BAR No. 718905
/s/ Michael I. Brown
600 U.S. COURTHOUSE
MICHAEL J. BROWN
75 TED TURNER DRIVE, SW
ASSISTANT UNITED STATES ATTORNEY
ATLANTA, GA 30303
GEORGIA BAR No. 064437
(404) 581-6000
Page 206f 20
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