Court filing
Amended Plea Agreement — U.S. v. Clark
Filed December 22, 2021 in U.S. v. Donna Clark; one of 10 filings from this case.
Record facts
| Court | U.S. District Court, Eastern District of Tennessee |
|---|---|
| Filed | 2021-12-22 |
U.S. District Court, Eastern District of Tennessee · No. 1:21-cr-00069-CEA-CHS · Doc. 18 · 2021-12-22 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE CHATTANOOGA UNITED STATES OF AMERICA ) ) ) ) ) v. 1:21-cr-69 DONNA CLARK Judge Atchley/Steger AMENDED PLEA AGREEMENT The United States of America by and through Francis M. Hamilton III, Acting United States Attorney for the Eastern District of Tennessee, and Steven S. Neff, Assistant United States Attorney, and Donna Clark, the defendant, and Gianna Maio, the defendant's attorney, have agreed upon the following: 1. The defendant will plead guilty to the following count in the indictment: Count _1_ . Wire Fraud, in violation of 18 U.S.C. § 13 43. The punishment for this offense is as follows. A maximum possible term of imprisonment of up to 30 years, a possible fine of up to $1, 000,000, up to 5 years of supervised release, special assessment, forfeiture and restitution. 2. In consideration of the defendant's guilty plea, the United States agrees to dismiss the remaining counts against the defendant in this indictment (Counts Two and Three) and not to further prosecute the defendant in the Eastern District of Tennessee for any other non-tax criminal offenses committed by the defendant that are related to the charges contained in the indictment in this case and that are known to the United States Attorney's Office for the Eastern District of Tennessee at the time this plea agreement is signed by both parties. Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 1 of 16 PageID #: 69 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 2 of 16 PageID #: 70 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 3 of 16 PageID #: 71 people were sending money to them, but the people could not transfer the money directly to the men, so the defendant agreed to have the people send the money to her, and then she sent the money to the men. The defendant received packages in the mail or UPS containing cash. The defendant did not know any of the people who sent her the money. One of the men instructed Clark how to go to a Bitcoin ATM and deposit the money to his account. The men also asked her to buy Steam cards, and after she bought the cards, Clark sent them photos of the cards. The men also asked her to buy Green Dot cards, and Clark sent the men money on CashApp. The men allowed Clark to keep some of the money which she received, from $20 to like $200. Clark provided SA Kukura with original UPS envelopes which Clark received from “K.B.” and “M.W.” Clark stated that the packages contained cash, but she did not know “K.B.” or “M.W.” Clark also provided SA Kukura with original Bitcoin ATM receipts. A Confidential Human Source (CHS) contacted Kukura shortly after the June 21, 2021, interview of Clark. The CHS told Kukura that after he spoke to Clark, she destroyed her Green Dot cards. The CHS also advised that Clark was continuing to engage in money mule activities. For example, on the evening of June 23, 2021, the CHS was at Clark’s apartment at 138 Chilhowee Circle, apartment 102, Benton, Tennessee and saw Clark scratching off Steam cards, taking photos of the cards, and sending the photos to one of the men with whom she had been communicating – a man named “Ken Roberts.” The CHS later provided Kukura with photographs and video taken in Clark’s apartment of Steam cards, a Wells Fargo Bank transaction receipt, and store receipts. During subsequent consensually-recorded conversations, Clark told the CHS that all the Steam cards are for Roberts. When the CHS asked Clark how Roberts sells the Steam cards, Clark explained that Roberts has the bar code and PIN, that Clark Page 4 of 16 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 4 of 16 PageID #: 72 Page 5 of 16 scratches them off and sends a picture to Roberts, and then Clark throws the cards in the garbage. One of the store receipt photos/video provided to Kukura by the CHS was for the cash purchase of Steam cards on June 23, 2021, at a Dollar General store. Kukura subsequently obtained images from the store surveillance cameras, and recognized Clark as the person in the images making the purchase of the Steam cards. On June 28, 2021, the CHS reported to Kukura that Clark informed the CHS that Clark had received money into her Wells Fargo Bank account from a man named “D.W.”, that Clark was going to the bank branch in Dalton, Georgia, that day to withdraw the money in cash, and that Clark was then going to send the cash to a woman at Roberts’ direction. Kukura and other FBI Agents conducted surveillance at the Wells Fargo Bank on June 28, 2021, where they observed Clark’s PT Cruiser. The PT Cruiser departed the bank at approximately 1:30 pm and they followed it back toward the Tennessee/Georgia border. The CHS engaged in consensually recorded conversations with Clark. Some of these conversations took place in Clark’s apartment, and the CHS was present when Clark was on her cellphone speaking to Roberts and others. While in her apartment, Clark also showed the CHS text messages which she received from Roberts on her cellphone. During these consensually recorded conversations, Clark and the CHS discussed the money which she received into her Wells Fargo Bank account, including the following: Clark told the CHS that she received $20,833 into her Wells Fargo Bank account from “D.W.”, and on June 28, 2021, she withdrew $19,833 in cash which she then sent via FedEx on June 29, 2021, to two other people for Roberts. Clark told the CHS that Roberts let her keep $1,000; and that she paid $100 out if it for Steam cards, and $45 out of it to ship it. She said that Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 5 of 16 PageID #: 73 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 6 of 16 PageID #: 74 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 7 of 16 PageID #: 75 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 8 of 16 PageID #: 76 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 9 of 16 PageID #: 77 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 10 of 16 PageID #: 78 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 11 of 16 PageID #: 79 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 12 of 16 PageID #: 80 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 13 of 16 PageID #: 81 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 14 of 16 PageID #: 82 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 15 of 16 PageID #: 83 Case 1:21-cr-00069-CEA-CHS Document 18 Filed 12/22/21 Page 16 of 16 PageID #: 84
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