Plea Agreement — United States v. Daragjati

Record facts

U.S. District Court, Middle District of Florida (Jacksonville Division) · No. 3:23-cr-00048-TJC-LLL · Doc. 26 · 2023-07-20 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT i
MIDDLE DISTRICT OF FLORIDA wo = Siauignoe aioe
JACKSONVILLE DIVISION JACKSONMILLE, FLORIDA

FILED } OPEN COURT

UNITED STATES OF AMERICA

V. CASE NO. 3:23-cr-48-TJC-LLL
CHRISTOPHER LEO DARAGJATI

PLEA AGREEMENT

Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by
Roger B. Handberg, United States Attorney for the Middle District of Florida,
and the defendant, Christopher Leo Daragjati, and the attorney for the
defendant, Scott T. Schmidt, Esq, mutually agree as follows:

A. Particularized Terms

1. Count(s) Pleading To

The defendant shall enter a plea of guilty to Counts One, Four,
Eleven, Twelve, and Thirteen of the Indictment. Counts One and Thirteen
charge the defendant with wire fraud in violation of 18 U.S.C. § 1343. Counts
Four and Twelve charge the defendant with aggravated identity theft in
violation of 18 U.S.C. § 1028A. Count Eleven charges the defendant with

theft of government property, over $1,000, in violation of 18 U.S.C. § 641.

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a Maximum Penalties

Counts One and Thirteen carry a maximum sentence of up to 20
“years imprisonment, a fine of not more than $250,000, or both a term of
imprisonment and a fine, a term of supervised release of up to 3 years, and a
special assessment of $100, said special assessment due on the date of
sentencing. A violation of the terms and conditions of supervised release
carries a maximum sentence of up to 2 years imprisonment, as well as the
possibility of an additional term of supervised release.

Count Eleven carries a maximum sentence of up to 10 years
imprisonment, a fine of not more than $250,000, a term of supervised release
of up to 3 years, and a special assessment of $100, said special assessment due
on the date of sentencing. A violation of the terms and conditions of
supervised release carries a maximum sentence of up to 2 years of
imprisonment, as well as the possibility of an additional term of supervised
release.

With respect to certain offenses, the Court shall order the
defendant to make restitution to any victim of the offense(s), and with respect
to other offenses, the Court may order the defendant to make restitution to

any victim of the offense(s), or to the community.

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3. Minimum and Maximum Penalties

Counts Four and Twelve are punishable by a mandatory
minimum term of imprisonment of 2 years, a fine of not more than $250,000,
or both the mandatory minimum term of imprisonment and a fine, a term of
supervised release of up to | year, and a special assessment of $100, said
special assessment due on the date of sentencing. A violation of the terms and
conditions of supervised release carries a maximum sentence of up to 1 year of
imprisonment, as well as the possibility of an additional term of supervised
release. The mandatory minimum term of imprisonment must run
consecutively with any other term of imprisonment imposed. With respect to
certain offenses, the Court shall order the defendant to make restitution to any
victim of the offense(s), and with respect to other offenses, the Court may
order the defendant to make restitution to any victim of the offense(s), or to
the community.

The cumulative maximum penalties for Counts One, Four,
Eleven, Twelve, and Thirteen of the Indictment are a term of imprisonment of
up to 54 years’ to include if mandatory minimum term of imprisonment,
fines of up to $1,250,000, or both a term of imprisonment and a fine, a term of
supervised release of up to 3 years, and $500 in special assessments. A

violation of the terms and conditions of supervised release carries a maximum

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additional term of not more than 8 years of imprisonment, as well as the
possibility of an additional term of supervised release. With respect to certain
offenses, the Court shall order the defendant to make restitution to any victim
of the offense(s), and with respect to other offenses, the Court may order the
defendant to make restitution to any victim of the offense(s), or to the
community, as set forth below.

4, Elements of the Offense(s)

The defendant acknowledges understanding the nature and
elements of the offense(s) with which defendant has been charged and to
which defendant is pleading guilty.

The elements of Counts One and Thirteen are:

First: the defendant knowingly devised or participated in a
scheme to defraud to obtain money or property by
using false or fraudulent pretenses, representations,
or promises;

Second: the false pretenses, representations, or promises
were about a material fact;

Third: the defendant acted with intent to defraud; and

Fourth: the defendant transmitted, or caused to be
transmitted, by wire some communication in
interstate commerce to help carry out the scheme to
defraud.

The elements of Count Eleven are:

First: the money or property belonged to the United
States;

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Second: the defendant embezzled, stole, or knowingly
converted the money or property to his own use or
someone else’s use;

Third: the defendant knowingly and willfully intended to
deprive the United States of the use or benefit of the
money or property; and

Fourth: the money or property had a value greater than
$1,000.

The elements of Counts Four and Twelve are:

First: the defendant knowingly possessed and used
another person’s means of identification;

Second: without lawful authority; and

Third: during and in relation to a felony enumerated in
18 U.S.C. § 1028A, as charged.

D. Counts Dismissed
At the time of sentencing, the remaining counts against the
defendant, Counts Two, Three, Five through Ten and Fourteen through
Twenty, will be dismissed pursuant to Fed. R. Crim. P. 11(c)(1)(A).
However, the defendant understands that the conduct giving rise to the
charges set forth in these counts may be considered relevant conduct by the
Probation Office and the Court in determining the defendant’s sentence under

the Sentencing Guidelines and under 18 U.S.C. § 3553.

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6. Mandatory Restitution to Victims

Pursuant to 18 U.S.C. § 3663A(a) and (b), defendant agrees to
make full restitution to any victims.

7. Acceptance of Responsibility - Three Levels

At the time of sentencing, and in the event that no adverse
information is received suggesting such a recommendation to be unwarranted,
the United States will recommend to the Court that the defendant receive a
two-level downward adjustment for acceptance of responsibility, pursuant to
USSG § 3E1.1(a). The defendant understands that this recommendation or
request is not binding on the Court, and if not accepted by the Court, the
defendant will not be allowed to withdraw from the plea.

Further, at the time of sentencing, if the defendant's offense level
prior to operation of subsection (a) is level 16 or greater, and if the defendant
complies with the provisions of USSG § 3E1.1(b) and all terms of this Plea
Agreement, including but not limited to, the timely submission of the financial
affidavit referenced in Paragraph B.5., the United States agrees to file a motion
pursuant to USSG § 3E1.1(b) for a downward adjustment of one additional
level. The defendant understands that the determination as to whether the
defendant has qualified for a downward adjustment of a third level for

acceptance of responsibility rests solely with the United States Attorney for the

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Middle District of Florida, and the defendant agrees that the defendant cannot
and will not challenge that determination, whether by appeal, collateral attack,
or otherwise. The defendant understands that this recommendation or request
is not binding on the Court, and if not accepted by the Court, the defendant
will not be allowed to withdraw from the plea.

8. Forfeiture of Assets

The defendant agrees to forfeit to the United States
immediately and voluntarily any and all assets and property, or portions
thereof, subject to forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c), whether in the possession or control of the United States, the
defendant, or defendant's nominees. The assets to be forfeited specifically
include, but are not limited to, approximately $200,000.00 in proceeds the
defendant admits he sheained, as the result of the commission of the offense(s)
to which the defendant is pleading guilty. The defendant acknowledges and
agrees that: (1) the defendant obtained this amount as a result of the
commission of the offense(s), and (2) as a result of the acts and omissions of
the defendant, the proceeds have been transferred to third parties and cannot
be located by the United States upon the exercise of due diligence. Therefore,
the defendant agrees that pursuant to 21 U.S.C. § 853(p), the United States is

entitled to forfeit any other property of the defendant (substitute assets), up to

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the amount of proceeds the defendant obtained, as the result of the offense(s)
of conviction. The defendant further consents to, and agrees not to oppose,
any motion for substitute assets filed by the United States up to the amount of
proceeds obtained from commission of the offense(s) and consents to the entry
of the forfeiture order into the Treasury Offset Program. The defendant agrees
that forfeiture of substitute assets as authorized herein shall not be deemed an
alteration of the defendant's sentence.

The defendant additionally agrees that since the criminal
proceeds have been transferred to third parties and cannot be located by the
United States upon the exercise of due diligence, the preliminary and final
orders of forfeiture should authorize the United States Attorney’s Office to
conduct discovery (including depositions, interrogatories, requests for
production of documents, and the issuance of subpoenas), pursuant to Rule
32.2(b)(3) of the Federal Rules of Criminal Procedure, to help identify, locate,
and forfeit substitute assets.

The defendant also agrees to waive all constitutional, statutory,
and procedural challenges (including direct appeal, habeas corpus, or any
other means) to any forfeiture carried out in accordance with this Plea
Agreement on any grounds, including that the forfeiture described herein

constitutes an excessive fine, was not properly noticed in the charging

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instrument, addressed by the Court at the time of the guilty plea, announced at
sentencing, or incorporated into the judgment.

The defendant admits and agrees that the conduct described in
the Factual Basis below provides a sufficient factual and statutory basis for the
forfeiture of the property sought by the government. Pursuant to Rule
32.2(b)(4), the defendant agrees that the preliminary order of forfeiture will
satisfy the notice requirement and will be final as to the defendant at the time
it is entered. In the event the forfeiture is omitted from the judgment, the
defendant agrees that the forfeiture order may be incorporated into the written
judgment at any time pursuant to Rule 36.

The defendant agrees to take all steps necessary to identify and
locate all substitute assets and to transfer custody of such assets to the United
States before the defendant’s sentencing. To that end, the defendant agrees to
make a full and complete disclosure of all assets over which defendant
exercises sorntral, including all assets held by nominees, to execute any
documents requested by the United States to obtain from any other parties by
lawful means any records of assets owned by the defendant, and to consent to
the release of the defendant’s tax returns for the previous five years. The
defendant agrees to be interviewed by the government, prior to and after

sentencing, regarding such assets. The defendant further agrees to be

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polygraphed on the issue of assets if it is deemed necessary by the United
States. The defendant agrees that Federal Rule of Criminal Procedure 11 and
USSG § 1B1.8 will not protect from forfeiture assets disclosed by the
defendant as part of the defendant’s cooperation.

The defendant agrees to take all steps necessary to assist the
government in obtaining clear title to any substitute assets before the
defendant’s sentencing. In addition to providing full and complete
information about substitute assets, these steps include, but are not limited to,
the surrender of title, the signing of a consent decree of forfeiture, and signing
of any other documents necessary to effectuate such transfers.

Forfeiture of the defendant's assets shall not be treated as
satisfaction of any fine, restitution, cost of imprisonment, or any other penalty
the Court may impose upon the defendant in addition to forfeiture.

The defendant agrees that, in the event the Court determines that
the defendant has breached this section of the Plea Agreement, the defendant
may be found ineligible for a reduction in the Guidelines calculation for
acceptance of responsibility and substantial assistance and may be eligible for
an obstruction of justice enhancement.

The defendant agrees that the forfeiture provisions of this plea

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agreement are intended to, and will, survive the defendant, notwithstanding
the abatement of any underlying criminal conviction after the execution of this
agreement. The forfeitability of any particular property pursuant to this
agreement shall be determined as if the defendant had survived, and that
determination shall be binding upon defendant’s heirs, successors and assigns
until the agreed forfeiture, including the forfeiture of any substitute assets, is
final.

B. Standard Terms and Conditions

1. Restitution, Special Assessment and Fine

The defendant understands and agrees that the Court, in addition
to or in lieu of any other penalty, shall order the defendant to make restitution
to any victim of the offense(s), pursuant to 18 U.S.C. § 3663A, for all offenses
described in 18 U.S.C. § 3663A(c)(1); and the Court may order the defendant
to make restitution to any victim of the offense(s), pursuant to 18 U.S.C. §
3663, including restitution as to all counts charged, whether or not the
defendant enters a plea of guilty to such counts, and whether or not such
counts are dismissed pursuant to this agreement. The defendant further
understands that compliance with any restitution payment plan imposed by
the Court in no way precludes the United States from simultaneously pursuing

other statutory remedies for collecting restitution (28 U.S.C. § 3003(b)(2)),

Defendant’s Initials ~D " * <ifi
including, but not limited to, garnishment and execution, pursuant to the
Mandatory Victims Restitution Act, in order to ensure that the defendant's
restitution obligation is satisfied.

On each count to which a plea of guilty is entered, the Court shall impose a
special assessment pursuant to 18 U.S.C. § 3013. The special assessment is
due on the date of sentencing.

2. Supervised Release

The defendant understands that the offense(s) to which the
defendant is pleading provide(s) for imposition of a term of supervised release
upon release from imprisonment, and that, if the defendant should violate the
conditions of release, the defendant would be subject to a further term of

imprisonment.

3. Immigration Consequences of Pleading Guilty
The defendant has been advised and understands that, upon
conviction, a defendant who is not a United States citizen may be removed
from the United States, denied citizenship, and denied admission to the
United States in the future.

4, Sentencing Information

The United States reserves its right and obligation to report to the

Court and the United States Probation Office all information concerning the

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background, character, and conduct of the defendant, to provide relevant
factual information, including the totality of the defendant's criminal activities,
if any, not limited to the count(s) to which defendant pleads, to respond to
comments made by the defendant or defendant's counsel, and to correct any
misstatements or inaccuracies. The United States further reserves its right to
make any recommendations it deems appropriate regarding the disposition of

this case, subject to any limitations set forth herein, if any.

ey Financial Disclosures

Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P.
32(d)(2)(A)(ii), the defendant agrees to complete and submit to the United
States Attorney's Office within 30 days of execution of this agreement an
affidavit reflecting the defendant's financial condition. The defendant
promises that his financial statement and disclosures will be complete,
accurate and truthful and will include all assets in which he has any interest or
over which the defendant exercises control, directly or indirectly, including
those held by a spouse, dependent, nominee or other third party. The
defendant further agrees to execute any documents requested by the United
States needed to obtain from any third parties any records of assets owned by
the defendant, directly or through a nominee, and, by the execution of this

Plea Agreement, consents to the release of the defendant's tax returns for the

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previous five years. The defendant similarly agrees and authorizes the United
States Attorney's Office to provide to, and obtain from, the United States
Probation Office, the financial affidavit, any of the defendant's federal, state,
and local tax returns, bank records and any other financial information
concerning the defendant, for the purpose of making any recommendations to
the Court and for collecting any assessments, fines, restitution, or forfeiture
ordered by the Court. The defendant expressly authorizes the United States
Attorney's Office to obtain current credit reports in order to evaluate the
defendant's ability to satisfy any financial obligation imposed by the Court.
6. Sentencing Recommendations

It is understood by the parties that the Court is neither a party to
nor bound by this agreement. The Court may accept or reject the agreement,
or defer a decision until it has had an opportunity to consider the presentence
report prepared by the United States Probation Office. The defendant
understands and acknowledges that, although the parties are permitted to
make recommendations and present arguments to the Court, the sentence will
be determined solely by the Court, with the assistance of the United States
Probation Office. Defendant further understands and acknowledges that any
discussions between defendant or defendant's attorney and the attorney or

other agents for the government regarding any recommendations by the

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government are not binding on the Court and that, should any
recommendations be rejected, defendant will not be permitted to withdraw
defendant's plea pursuant to this plea agreement. The government expressly
reserves the right to support and defend any decision that the Court may make
with regard to the defendant's sentence, whether or not such decision is
consistent with the government's recommendations contained herein.

7. Defendant's Waiver of Right to Appeal the Sentence

The defendant agrees that this Court has jurisdiction and
authority to impose any sentence up to the statutory maximum and expressly
waives the right to appeal defendant's sentence on any ground, including the
ground that the Court erred in determining the applicable guidelines range
pursuant to the United States Sentencing Guidelines, except (a) the ground
that the sentence exceeds the defendant's applicable guidelines range as
determined by the Court pursuant to the United States Sentencing Guidelines;
(b) the ground that the sentence exceeds the statutory maximum penalty; or (c)
the ground that the sentence violates the Eighth Amendment to the
Constitution; provided, however, that if the government exercises its right to
appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then the
dctenidint is released from his waiver and may appeal the sentence as

authorized by 18 U.S.C. § 3742(a).

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8. Middle District of Florida Agreement

It is further understood that this agreement is limited to the
Office of the United States Attorney for the Middle District of Florida and
cannot bind other federal, state, or local prosecuting authorities, although this
office will bring defendant's cooperation, if any, to the attention of other
prosecuting officers or others, if requested.

9. Filing of Agreement

This agreement shall be presented to the Court, in open court or
in camera, in whole or in part, upon a showing of good cause, and filed in this
cause, at the time of defendant's entry of a plea of guilty pursuant hereto.

10. Voluntariness

The defendant acknowledges that defendant is entering into this
agreement and is pleading guilty freely and voluntarily without reliance upon
any discussions between the attorney for the government and the defendant
and defendant's attorney and without promise of benefit of any kind (other
than the concessions contained herein), and without threats, force,
intimidation, or coercion of any kind. The defendant further acknowledges
defendant's understanding of the nature of the offense or offenses to which
defendant is pleading guilty and the elements thereof, including the penalties

provided by law, and defendant's complete satisfaction with the representation

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and advice received from defendant's undersigned counsel (if any). The
defendant also understands that defendant has the right to plead not guilty or
to persist in that plea if it has already been made, and that defendant has the
right to be tried by a jury with the assistance of counsel, the right to confront
and cross-examine the witnesses against defendant, the right against
compulsory self-incrimination, and the right to compulsory process for the
attendance of witnesses to testify in defendant's defense; but, by pleading
guilty, defendant waives or gives up those rights and there will be no trial.
The defendant further understands that if defendant pleads guilty, the Court
may ask defendant questions about the offense or offenses to which defendant
pleaded, and if defendant answers those questions under oath, on the record,
and in the presence of counsel (if any), defendant's answers may later be used
against defendant in a prosecution for perjury or false statement. The
defendant also understands that defendant will be adjudicated guilty of the
offenses to which defendant has pleaded and, if any of such offenses are
felonies, may thereby be deprived of certain rights, such as the right to vote, to
hold public office, to serve on a jury, or to have possession of firearms.

11. Factual Basis

Defendant is pleading guilty because defendant is in fact guilty.

The defendant certifies that defendant does hereby admit that the facts set

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forth in the attached "Factual Basis," which is incorporated herein by
reference, are true, and were this case to go to trial, the United States would be
able to prove those specific facts and others beyond a reasonable doubt.

12. Entire Agreement

This plea agreement constitutes the entire agreement between the
government and the defendant with respect to the aforementioned guilty plea
and no other promises, agreements, or representations exist or have been
made to the defendant or defendant's attorney with regard to such guilty plea.

13. Certification

The defendant and defendant's counsel certify that this plea
agreement has been read in its entirety by (or has been read to) the defendant
and that defendant fully understands its terms.

DATED this [| **_ day of July, 2023.

ROGER B. HANDBERG
United States Attorney

Oj bh ne a

CHRISTOPHER LEO DARAGJATI. KEVIN C. FREIN

Defendant Assistant United States Attorney
sz .
SCOTT T. SCHMIDT MICHAEL/. COOLICAN
Attorney for Defendant Assistany/United States Attorney
Deputy Chief, Jacksonville Division

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA
V. CASE NO. 3:23-cr-48-TJC-LLL
CHRISTOPHER LEO DARAGJATI
PERSONALIZATION OF ELEMENTS
Count One

1, Do you admit on or about February 5, 2021, in the Middle
District of Florida, and elsewhere, that you knowingly devised and
participated in a scheme to defraud to obtain money or property by using false
pretenses, representations, and promises?

2. Do you admit that the false pretenses, representations, and
promises were about a material fact?

Ee Do you admit that you acted with an intent to defraud?

4, Do you admit that you caused to be transmitted by wire some
communication in interstate commerce to help carry out the scheme to
defraud, that is, the transfer of Paycheck Protection Program loan proceeds
from Itria to an account at Middlesex Federal Savings in the amount of

$111,107.50?

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Count Four

1. On or about February 2, 2021, in the Middle District of Florida,
did you knowingly use another person’s means of identification, that is, the
Social Security number ending in 5692 assigned to J.W.?

2s Do you admit that you used the means of identification without
lawful authority?

3. Do you admit that you axed the means of identification during
and in relation to a felony enumerated in 18 U.S.C. § 1028A, that is, wire
fraud, as charged in Count One of the Indictment?

Count Eleven

L. Do you admit that the money described in the Indictment
belonged to the United States and Internal Revenue Service?

2 Do you admit that beginning from in or about January 2022, and
continuing through in or about February 2022, in the Middle District of
Florida, and elsewhere, you did knowingly steal that money for your own use?

3. Did you knowingly and willfully intend to deprive the United
States and Internal Revenue Service of the use and benefit of the money?

4. Did the money stolen have a value greater than $1,000?

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Count Twelve

Ls On or about January 26, 2022, in the Middle District of Florida,
did you knowingly use another person’s means of identification, that is, the

Social Security number ending in 5692 assigned to J.W.?

2. Do you admit that you used the means of identification without
lawful authority?
3, Do you admit that you used the means of identification during

and in relation to a felony enumerated in 18 U.S.C. § 1028A, that is, theft of
government property, over $1,000, as charged in Count Eleven of the
Indictment?

Count Thirteen

1. Do you admit on or about March 10, 2022, in the Middle District
of Florida, and elsewhere, that you knowingly devised and participated in a
scheme to defraud to obtain money or property by using false pretenses,
representations, and promises?

2. Do you admit that the false pretenses, representations, and
promises were about a material fact?

3. Do you admit that you acted with an intent to defraud?

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4, Do you admit that you caused to be transmitted by wire some
communication in interstate commerce to help carry out the scheme to
defraud, that is, the on-line electronic submission to Sunbelt Rentals of an
“Application for Credit and Rental Agreement” for Torkelson Inc in the

identity of P.T?

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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA
V. CASE NO. 3:23-cr-48-TJC-LLL
CHRISTOPHER LEO DARAGJATI

FACTUAL BASIS

In July 2022, the Clay County Sheriff's Office (“CCSO”) began an
investigation into an unknown individual, later identified as CHRISTOPHER
LEO DARAGJATI (““DARAGJATI”), using various stolen identities of
genuine individuals to commit fraud. DARAGJATI used the stolen identities
to rent large amounts of equipment from Sunbelt Rentals (“Sunbelt’’). After
renting the equipment, DARAGJATI typically pawned the equipment.
Through latent print analysis of various pawn shop forms involving the
aforementioned stolen equipment, the CCSO in conjunction with the
Jacksonville Sheriff's Office positively identified DARAGJATI, as the
individual committing the fraud. The Florida Highway Patrol — Bureau of
Criminal Investigations (‘““FHP”) with assistance from other members of law

enforcement determined that DARAGJATI as part of his scheme to defraud
fraudulently obtained genuine Florida driver’s licenses, identification cards

and/or replacement cards. The FHP determined that he fraudulently obtained

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approximately 26 genuine Florida driver’s licenses, identification cards and/or
replacement cards in the name of six genuine individuals that lived throughout
the United States. Given the nationwide scope of the identity theft and fraud
investigation, the CCSO requested assistance from Homeland Security
Investigations (“HSI”).

Financial analysis by HSI determined among other things that
DARAGJATI used the fraudulently obtained Florida identification cards in
the identity of two victims, J.W. and C.H., to obtain three U.S. Small
Business Administration (“SBA”) Paycheck Protection Program (“PPP”)
loans. In order to obtain the first PPP loan on or about February 2, 2021,
DARAGJATI submitted on-line from Clay County, Florida to Itria Ventures
LLC (“Itria”) a signed PPP loan application in the identity of J.W. In the PPP
loan application, that is, the SBA Form 2483 - Borrower Application Form
(“SBA Form 2483”) he falsely represented his Social Security number (“SSN”)
as a SSN number ending in 5692 which was the genuine SSN of J.W. At the
time DARAGJATI made this false representation, he knew that the SSN
ending in 5692 was not assigned to him.

On the SBA Form 2483 DARAGJATI made multiple materially false
and fraudulent representations to include the average monthly payroll, the

number of employees, listing that the purpose of the loan was to cover payroll

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costs and that he was the owner of the business. In support of his false SBA
Form 2483 he submitted a fraudulent IRS Form 940 for 2019: Employer’s
Annual Federal Unemployment Tax Return and an IRS Form 941 for 2020:
Employer’s Quarterly Federal Tax Return. Both IRS forms were in the
identity of J. W. DARAGJATI also sent Itria a copy of a fraudulently obtained
Florida identification card in the identity of J.W., but with a picture of himself
on it. In reliance on the materially false and fraudulent SBA Form 2483, the
accompanying fraudulent IRS forms and fraudulently obtained Florida
identification card Itria approved the PPP loan application. On or about
February 5, 2021, DARAGJATI while in Clay County, Florida caused Itria to
send the PPP loan proceeds, $111,107.50, via an ACH/wire transfer from
outside of the state of Florida to a bank account at Middlesex Federal Savings
that he previously fraudulently opened in the identity of J.W. In total,
DARAGJATI successfully obtained three fraudulent PPP loans with —
proceeds totaling approximately $150,500. All of the loan proceeds were
deposited into bank accounts controlled by DARAGJATI and the proceeds
were subsequently used by him.

During the course of the financial analysis the Internal Revenue Service
— Criminal Investigation (“IRS-CI’”) determined that DARAGJATI

committed fraud involving federal tax returns. He caused the submission of

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eight fraudulent federal tax returns at local tax preparation businesses in and
around Duval and Clay County, Florida, using the stolen identities of six
genuine individuals, C.E., J.H., C.H., P.T., G.M., and J.W. IRS-CI further
determined there were four other occurrences in which DARAGJATI went to
a tax preparation business with the intent of submitting a federal tax return in
a stolen identity, but did not finalize the submission. Although he received a
cash advance associated with six out of the eight federal tax returns,
DARAGJATI only successfully received a tax refund in one incident. On or
about January 26, 2022, using the identity of J.W., DARAGJATI filed a false
federal tax return with H&R Block (“H&R”) in Orange Park, Florida. When
filing the federal tax return he presented a fraudulently obtained Florida
identification card in the identity of J.W., but with a picture of himself on it.
On the tax return he falsely represented his SSN as a SSN number ending in
5692 which was the genuine SSN of J.W. As part of filing the tax return and
in an effort to increase the amount of the tax refund, he created false
supporting documents that purported to show that J.W. worked both in
Florida and Kentucky and that J.W.’s wife, A.W., was deceased. H&R filed
the federal tax return with the Internal Revenue Service (“IRS”). In reliance
on the materially false and fraudulent tax return and the accompanying

fraudulent documents the IRS accepted and approved the fraudulent federal

Defendant’s Initials CS, 4
tax return. In February 2022, the IRS sent a tax refund of $3,631 to H&R on
behalf of DARAGJATI. After taking out a fee for their services, H&R sent the
balance of the tax return, $3,239, to a Square Cash app account controlled by
DARAGJATI.

As part of his scheme to defraud, DARAGJATI used four of the stolen
identities to successfully open commercial credit accounts with Sunbelt in the
identities of J.W., G.M., C.E. and P.T. Law enforcement determined that on
or about March 10, 2022, DARAGJATI submitted online from Clay Court,
Florida to Sunbelt an “Application for Credit and Rental Agreement”
(“Application”) for Torkelson Inc. He submitted the Application using the
identity of P.T. and using P.T.’s assigned SSN. Sunbelt received the
Application for Torkelson Inc through their credit portal server located in
South Carolina. After receiving notification that Sunbelt approved the
Application, DARAGJATI rented various items of equipment in the identity
of P.T from different Sunbelt locations to include in and around Duval and
Clay County, Florida. Using the identity of P.T., he then pawned most of the
equipment and never returned any of the equipment to Sunbelt. This resulted
ina felony arrest warrant being issued and entered into the National Crime

Information Center in the identity of P.T.

Defendant’s Initials w~ 5
On oveniar 16, 2022, multiple state and federal law enforcement
agencies executed a federal search warrant at DARAGJATI’s residence in
Clay County, Florida. The search of the residence located approximately 20 of
the genuine Florida driver’s licenses, identification cards and/or replacement
cards fraudulently obtained by DARAGJATI in the name of the six genuine
individuals. Law enforcement located multiple folders containing tax
documents from federal tax returns submitted in the names of five out of the
six victims. A review of the material by IRS-CI determined that the folders
contained copies of the federal tax returns that DARAGJATI caused to be
filed in the names of the aforementioned victims. The tax documents included
photocopies of the fraudulently obtained Florida identification cards that were
presented by DARAGJATI to tax preparation businesses involving the
fraudulent federal tax returns.

In committing the offenses involving the use of various stolen identities
of genuine individuals to commit fraud, the defendant personally obtained at

least $200,000.

Defendant’s Initials ( | 6

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