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Home Court filings Kenneth Andrew Lathon case — U.S. District Court, C.D. Cal. Plea Agreement for Defendant — United States v. Lathon (Dkt. 6, C.D. Cal.)

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Plea Agreement for Defendant — United States v. Lathon (Dkt. 6, C.D. Cal.)

Summary

Plea agreement for defendant Kenneth Andrew Lathon, filed 09/30/22 as Document 6 in Case 5:22-cr-00230-FMO in the U.S. District Court for the Central District of California, in the investigation of fraudulent Unemployment Insurance benefits claims filed with the California Employment Development Department (EDD) and of firearms seized from his residence. Lathon agrees to plead guilty to conspiracy to commit mail and wire fraud, aggravated identity theft and being a felon in possession of firearms. He agrees to forfeit a rifle, a shotgun, an AR-style rifle and approximately $73,890 in U.S. Currency seized on March 23, 2021. The total maximum sentence is 32 years' imprisonment, and the identity theft count carries a two-year term that must run consecutive to any other sentence. The parties currently believe restitution is approximately $998,630, to be paid to victim California EDD.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed September 30, 2022 in Kenneth Andrew Lathon; one of 1 filings from this case.

Record facts

CourtU.S. District Court for the Central District of California
Filed2022-09-30

Cite this document

“Plea Agreement for Defendant — United States v. Lathon (Dkt. 6, C.D. Cal.).” U.S. District Court for the Central District of California, No. 5:22-cr-00230, Doc. 6, filed 2022-09-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-kenneth-andrew-lathon/2022-09-30-plea-agreement-for-defendant-dkt-6/, SHA-256 64bc27b2c49b00ecddc8120705a4d7c1bcfe655e0a51cfdbd6e3d4ac26fbbfda.

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Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 1 of 41 Page ID #:22


                                                                   Sep 30 2022
 1   STEPHANIE S. CHRISTENSEN
     Acting United States Attorney                                     MC


 2   SCOTT M. GARRINGER
     Assistant United States Attorney
 3   Chief, Criminal Division
     BYRON R. TUYAY (Cal. Bar No. 308049)
 4   Assistant United States Attorney
     Riverside Branch Office
 5        United States Attorney’s Office
          3403 Tenth Street, Suite 200
 6        Riverside, California 92501
          Telephone: (951) 276-6230
 7        Facsimile: (951) 276-6202
          E-mail:    Byron.tuyay@usdoj.gov
 8
     Attorneys for Plaintiff
 9   UNITED STATES OF AMERICA

10                          UNITED STATES DISTRICT COURT

11                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

12   UNITED STATES OF AMERICA,               No. CRFU-):

13             Plaintiff,                    PLEA AGREEMENT FOR DEFENDANT
                                             KENNETH ANDREW LATHON
14                  v.

15   KENNETH ANDREW LATHON,

16             Defendant.

17

18              This constitutes the plea agreement between Kenneth Andrew
19   Lathon (“defendant”) and the United States Attorney’s Office for the
20   Central District of California (the “USAO”) in the investigation of
21   fraudulent Unemployment Insurance (“UI”) benefits claims filed with
22   the California Employment Development Department (“EDD”) from in or
23   about February 2020 through March 23, 2021, and the investigation of
24   firearms seized from defendant’s residence on or about March 23,
25   2021.   This agreement is limited to the USAO and cannot bind any
26   other federal, state, local, or foreign prosecuting, enforcement,
27   administrative, or regulatory authorities.
28

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 2 of 41 Page ID #:23



 1                             DEFENDANT’S OBLIGATIONS

 2             Defendant agrees to:
 3             a.    Give up the right to indictment by a grand jury and,
 4   at the earliest opportunity requested by the USAO and provided by the
 5   Court, appear and plead guilty to counts 1, 2, and 3 of the
 6   information in the form attached to this agreement as Exhibit A or a
 7   substantially similar form, which charges defendant with conspiracy
 8   to commit mail and wire fraud in violation of 18 U.S.C. § 1349,
 9   aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1),
10   and being a felon in possession of firearms in violation of 18 U.S.C.
11   § 922(g)(1).
12             b.    Not contest facts agreed to in this agreement.
13             c.    Abide by all agreements regarding sentencing contained
14   in this agreement.
15             d.    Appear for all court appearances, surrender as ordered
16   for service of sentence, obey all conditions of any bond, and obey
17   any other ongoing court order in this matter.
18             e.    Not commit any crime; however, offenses that would be
19   excluded for sentencing purposes under United States Sentencing
20   Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not
21   within the scope of this agreement.
22             f.    Be truthful at all times with the United States
23   Probation and Pretrial Services Office and the Court.
24             g.    Pay the applicable special assessments at or before
25   the time of sentencing unless defendant has demonstrated a lack of
26   ability to pay such assessments.
27        3.   Defendant further agrees:
28

                                          2

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 3 of 41 Page ID #:24



 1             a.    To forfeit all right, title, and interest in and to

 2   any and all monies, properties, and/or assets of any kind, derived

 3   from or acquired as a result of the illegal activity to which

 4   defendant is pleading guilty, specifically including, but not limited

 5   to the following items seized by law enforcement on March 23, 2021:

 6                   i.    a Remington, Mohawk 10C, .22 caliber rifle

 7   bearing serial number 2452183;

 8                   ii.   a Mossberg, 500 ATP, 12-gauge shotgun with an

 9   attached ammunition saddle;

10                   iii. a privately manufactured AR-style rifle bearing

11   no serial number; and

12                   iv.   Approximately $73,890 in U.S. Currency, which

13   defendant agrees constitutes traceable proceeds of the 18 U.S.C.

14   § 1349 violation (count one) (collectively, “Forfeitable Property”).

15             b.    To the Court’s entry of an order of forfeiture at or

16   before sentencing with respect to the Forfeitable Property and to the

17   forfeiture of the Forfeitable Property.

18             c.    To take whatever steps are necessary to pass to the

19   United States clear title to the Forfeitable Property, including,

20   without limitation, the execution of a consent decree of forfeiture

21   and the completing of any other legal documents required for the

22   transfer of title to the United States.

23             d.    Not to contest any administrative forfeiture

24   proceedings or civil judicial proceedings commenced against the

25   Forfeitable Assets.    If defendant submitted a claim and/or petition

26   for remission for all or part of the Forfeitable Property on behalf

27   of himself or any other individual or entity, defendant shall and

28   hereby does withdraw any such claims or petitions, and further agrees

                                          3

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 4 of 41 Page ID #:25



 1   to waive any right he may have to seek remission or mitigation of the

 2   forfeiture of the Forfeitable Property.       Defendant further waives any

 3   and all notice requirements of 18 U.S.C. § 983(a)(1)(A).

 4               e.   Not to assist any other individual in any effort

 5   falsely to contest the forfeiture of the Forfeitable Property.

 6               f.   Not to claim that reasonable cause to seize the

 7   Forfeitable Assets was lacking.

 8               g.   To prevent the transfer, sale, destruction, or loss of

 9   any and all assets described above to the extent defendant has the

10   ability to do so.

11               h.   To fill out and deliver to the USAO a completed

12   financial statement listing defendant’s assets on a form provided by

13   the USAO.

14               i.   That forfeiture of Forfeitable Assets shall not be

15   counted toward satisfaction of any special assessment, fine,

16   restitution, costs, or other penalty the Court may impose.

17                             THE USAO’S OBLIGATIONS

18               The USAO agrees to:
19               a.   Not contest facts agreed to in this agreement.
20               b.   Abide by all agreements regarding sentencing contained
21   in this agreement.
22               c.   At the time of sentencing, provided that defendant
23   demonstrates an acceptance of responsibility for the offenses up to
24   and including the time of sentencing, recommend a two-level reduction
25   in the applicable Sentencing Guidelines offense level, pursuant to
26   U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an
27   additional one-level reduction if available under that section.
28

                                          4

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 5 of 41 Page ID #:26



 1               d.   Recommend that defendant be sentenced to a term of

 2   imprisonment no higher than the low end of the applicable Sentencing

 3   Guidelines range, provided that the offense level used by the Court

 4   to determine that range is 20 or higher and provided that the Court

 5   does not depart downward in offense level or criminal history

 6   category.   For purposes of this agreement, the low end of the

 7   Sentencing Guidelines range is that defined by the Sentencing Table

 8   in U.S.S.G. Chapter 5, Part A.

 9                             NATURE OF THE OFFENSES

10               Defendant understands that for defendant to be guilty of
11   the crime charged in count one, that is, conspiracy, in violation of
12   18 U.S.C. § 1349, the following must be true: (1) beginning no later
13   than on or about February 2, 2020 and continuing through at least on
14   or about March 23, 2021, there was an agreement between two or more
15   persons to commit mail fraud and wire fraud; (2) defendant became a
16   member of the conspiracy knowing of at least one of its objects and
17   intending to help accomplish it; and (3) one of the members of the
18   conspiracy performed at least one overt act for the purpose of
19   carrying out the conspiracy.
20               Defendant understands that for defendant to be guilty of
21   the crime charged in count two, that is, aggravated identity theft,
22   in violation of 18 U.S.C. § 1028A(a)(1), the following must be true:
23   (1) defendant knowingly possessed or used without legal authority a
24   means of identification of another person; (2) defendant knew that
25   the means of identification belonged to a real person; and (3)
26   defendant did so during and in relation to a conspiracy to commit
27   mail fraud and wire fraud as charged in count one of the Information.
28

                                          5

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 6 of 41 Page ID #:27



 1             Defendant understands that for defendant to be guilty of

 2   the crime charged in count three, that is, being a felon in

 3   possession of firearms, in violation of 18 U.S.C. § 922(g)(1), the

 4   following must be true: (1) defendant knowingly possessed the

 5   firearms alleged in count three of the Information; (2) the firearms

 6   had been shipped or transported from one state to another or between

 7   a foreign nation and the United States; (3) at the time defendant

 8   possessed the firearms, the defendant had been convicted of a felony,

 9   which is a crime punishable by imprisonment for a term exceeding one

10   year; and (4) at the time defendant possessed the firearms, the

11   defendant knew he had been convicted of a felony.

12                            PENALTIES AND RESTITUTION

13             Defendant understands that the statutory maximum sentence
14   that the Court can impose for a violation of 18 U.S.C. § 1349, as
15   charged in count one of the Information is: 20 years’ imprisonment; a
16   3-year period of supervised release; a fine of $250,000 or twice the
17   gross gain or gross loss resulting from the offense, whichever is
18   greatest; and a mandatory special assessment of $100.
19             Defendant understands that the statutory mandatory sentence
20   that the Court must impose for a violation of 18 U.S.C. § 1028A, as
21   charged in count two of the Information, is a two-year term of
22   imprisonment, which must run consecutive to any other sentence of
23   imprisonment, and a mandatory special assessment of $100.
24             Defendant understands that the statutory maximum sentence
25   that the Court can impose for a violation of 18 U.S.C. § 922(g)(1),
26   as charged in count three of the Information is: 10 years’
27   imprisonment; a 3-year period of supervised release; a fine of
28   $250,000 or twice the gross gain or gross loss resulting from the
                                          6

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 7 of 41 Page ID #:28



 1   offense, whichever is greatest; and a mandatory special assessment of

 2   $100.

 3               Defendant understands, therefore, that the total maximum
 4   sentence for all offenses to which defendant is pleading guilty is:
 5   32 years’ imprisonment; a 3-year period of supervised release; a fine
 6   of $750,000 or twice the gross gain or gross loss resulting from the
 7   offenses, whichever is greatest; and a mandatory special assessment
 8   of $300.
 9               Defendant understands that supervised release is a period
10   of time following imprisonment during which defendant will be subject
11   to various restrictions and requirements.        Defendant understands that
12   if defendant violates one or more of the conditions of any supervised
13   release imposed, defendant may be returned to prison for all or part
14   of the term of supervised release authorized by statute for the
15   offense that resulted in the term of supervised release, which could
16   result in defendant serving a total term of imprisonment greater than
17   the statutory maximum stated above.
18               Defendant understands that defendant will be required to
19   pay full restitution to the victims of the offenses to which
20   defendant is pleading guilty.      Defendant agrees that, in return for
21   the USAO’s compliance with its obligations under this agreement, the
22   Court may order restitution to persons other than the victims of the
23   offenses to which defendant is pleading guilty and in amounts greater
24   than those alleged in the counts to which defendant is pleading
25   guilty.    In particular, defendant agrees that the Court may order
26   restitution to any victim of any of the following for any losses
27   suffered by that victim as a result: (a) any relevant conduct, as
28   defined in U.S.S.G. § 1B1.3, in connection with the offenses to which
                                          7

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 8 of 41 Page ID #:29



 1   defendant is pleading guilty; and (b) any charges not prosecuted

 2   pursuant to this agreement as well as all relevant conduct, as

 3   defined in U.S.S.G. § 1B1.3, in connection with those charge.           The

 4   parties currently believe that the applicable amount of restitution

 5   is approximately $998,630, to be paid to victim California EDD, but

 6   recognize and agree that this amount could change based on facts that

 7   come to the attention of the parties prior to sentencing.

 8              Defendant understands that, by pleading guilty, defendant
 9   may be giving up valuable government benefits and valuable civic
10   rights, such as the right to vote, the right to possess a firearm,
11   the right to hold office, and the right to serve on a jury. Defendant
12   understands that he is pleading guilty to a felony and that it is a
13   federal crime for a convicted felon to possess a firearm or
14   ammunition.   Defendant understands that the convictions in this case
15   may also subject defendant to various other collateral consequences,
16   including but not limited to revocation of probation, parole, or
17   supervised release in another case and suspension or revocation of a
18   professional license.     Defendant understands that unanticipated
19   collateral consequences will not serve as grounds to withdraw
20   defendant’s guilty pleas.
21        15.   Defendant and his counsel have discussed the fact that, and
22   defendant understands that, if defendant is not a United States
23   citizen, the convictions in this case makes it practically inevitable
24   and a virtual certainty that defendant will be removed or deported
25   from the United States.     Defendant may also be denied United States
26   citizenship and admission to the United States in the future.
27   Defendant understands that while there may be arguments that
28   defendant can raise in immigration proceedings to avoid or delay
                                          8

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 9 of 41 Page ID #:30



 1   removal, removal is presumptively mandatory and a virtual certainty

 2   in this case.   Defendant further understands that removal and

 3   immigration consequences are the subject of a separate proceeding and

 4   that no one, including his attorney or the Court, can predict to an

 5   absolute certainty the effect of his convictions on his immigration

 6   status.   Defendant nevertheless affirms that he wants to plead guilty

 7   regardless of any immigration consequences that his/her pleas may

 8   entail, even if the consequence is automatic removal from the United

 9   States.

10                                   FACTUAL BASIS

11              Defendant admits that defendant is, in fact, guilty of the
12   offenses to which defendant is agreeing to plead guilty.          Defendant
13   and the USAO agree to the statement of facts provided in Exhibit B
14   attached hereto and agree that this statement of facts is sufficient
15   to support pleas of guilty to the charges described in this agreement
16   and to establish the Sentencing Guidelines factors set forth in
17   paragraph 18 below but is not meant to be a complete recitation of
18   all facts relevant to the underlying criminal conduct or all facts
19   known to either party that relate to that conduct.
20                                SENTENCING FACTORS
21              Defendant understands that in determining defendant’s
22   sentence the Court is required to calculate the applicable Sentencing
23   Guidelines range and to consider that range, possible departures
24   under the Sentencing Guidelines, and the other sentencing factors set
25   forth in 18 U.S.C. § 3553(a).      Defendant understands that the
26   Sentencing Guidelines are advisory only, that defendant cannot have
27   any expectation of receiving a sentence within the calculated
28   Sentencing Guidelines range, and that after considering the
                                          9

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 10 of 41 Page ID #:31



 1   Sentencing Guidelines and the other § 3553(a) factors, the Court will

 2   be free to exercise its discretion to impose any sentence it finds

 3   appropriate between the mandatory minimum and up to the maximum set

 4   by statute for the crimes of conviction.

 5              Defendant and the USAO agree to the following applicable
 6   Sentencing Guidelines factors:
 7     Base Offense Level:                       7      U.S.S.G. § 2B1.1(a)(1)
 8     Loss greater than $550,000
       but less than $1,500,000                +14   U.S.S.G. § 2B1.1(b)(1)(H)
 9
       More than 10 victims:                    +2   U.S.S.G. § 2B1.1(b)(2)(A)
10

11   Defendant and the USAO reserve the right to argue that additional
12   specific offense characteristics, adjustments, and departures under
13   the Sentencing Guidelines are appropriate.        Defendant understands
14   that the Court must sentence defendant to a term of two years
15   imprisonment on count three, which must run consecutive to any term
16   of imprisonment imposed for counts one and four.
17              Defendant understands that there is no agreement as to
18   defendant’s criminal history or criminal history category.
19              Defendant and the USAO reserve the right to argue for a
20   sentence outside the sentencing range established by the Sentencing
21   Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1),
22   (a)(2), (a)(3), (a)(6), and (a)(7).
23                         WAIVER OF CONSTITUTIONAL RIGHTS
24              Defendant understands that by pleading guilty, defendant
25   gives up the following rights:
26              a.    The right to persist in a plea of not guilty.
27              b.    The right to a speedy and public trial by jury.
28

                                          10

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 11 of 41 Page ID #:32



 1              c.    The right to be represented by counsel –- and if

 2   necessary have the Court appoint counsel -- at trial.          Defendant

 3   understands, however, that, defendant retains the right to be

 4   represented by counsel –- and if necessary have the Court appoint

 5   counsel –- at every other stage of the proceeding.

 6              d.    The right to be presumed innocent and to have the

 7   burden of proof placed on the government to prove defendant guilty

 8   beyond a reasonable doubt.

 9              e.    The right to confront and cross-examine witnesses

10   against defendant.

11              f.    The right to testify and to present evidence in

12   opposition to the charges, including the right to compel the

13   attendance of witnesses to testify.

14              g.    The right not to be compelled to testify, and, if

15   defendant chose not to testify or present evidence, to have that

16   choice not be used against defendant.

17              h.    Any and all rights to pursue any affirmative defenses,

18   Fourth Amendment or Fifth Amendment claims, and other pretrial

19   motions that have been filed or could be filed.

20                         WAIVER OF APPEAL OF CONVICTION

21              Defendant understands that, with the exception of an appeal
22   based on a claim that defendant’s guilty pleas were involuntary, by
23   pleading guilty defendant is waiving and giving up any right to
24   appeal defendant’s convictions on the offenses to which defendant is
25   pleading guilty.     Defendant understands that this waiver includes,
26   but is not limited to, arguments that the statutes to which defendant
27   is pleading guilty are unconstitutional, and any and all claims that
28

                                          11

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 12 of 41 Page ID #:33



 1   the statement of facts provided herein is insufficient to support

 2   defendant’s pleas of guilty.

 3                 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE

 4              Defendant agrees that, provided the Court imposes a total
 5   term of imprisonment on all counts of conviction of no more than 70
 6   months, defendant gives up the right to appeal all of the following:
 7   (a) the procedures and calculations used to determine and impose any
 8   portion of the sentence; (b) the term of imprisonment imposed by the
 9   Court; (c) the fine imposed by the Court, provided it is within the
10   statutory maximum; (d) to the extent permitted by law, the
11   constitutionality or legality of defendant’s sentence, provided it is
12   within the statutory maximum; (e) the amount and terms of any
13   restitution order, provided it requires payment of no more than
14   $998,630; (f) the term of probation or supervised release imposed by
15   the Court, provided it is within the statutory maximum; and (g) any
16   of the following conditions of probation or supervised release
17   imposed by the Court: the conditions set forth in Second Amended
18   General Order 20-04 of this Court; the drug testing conditions
19   mandated by 18 U.S.C. §§ 3563(a)(5) and 3583(d); and the alcohol and
20   drug use conditions authorized by 18 U.S.C. § 3563(b)(7).
21              The USAO agrees that, provided (a) all portions of the
22   sentence are at or above the statutory minimum and at or below the
23   statutory maximum specified above and (b) the Court imposes a term of
24   imprisonment of no less than 61 months, the USAO gives up its right
25   to appeal any portion of the sentence, with the exception that the
26   USAO reserves the right to appeal the following: (a) the amount of
27   restitution ordered if that amount is less than $998,630.
28

                                          12

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 13 of 41 Page ID #:34



 1                      RESULT OF WITHDRAWAL OF GUILTY PLEA

 2              Defendant agrees that if, after entering guilty pleas
 3   pursuant to this agreement, defendant seeks to withdraw and succeeds
 4   in withdrawing defendant’s guilty pleas on any basis other than a
 5   claim and finding that entry into this plea agreement was
 6   involuntary, then (a) the USAO will be relieved of all of its
 7   obligations under this agreement; and (b) should the USAO choose to
 8   pursue any charge that was not filed as a result of this agreement,
 9   then (i) any applicable statute of limitations will be tolled between
10   the date of defendant’s signing of this agreement and the filing
11   commencing any such action; and (ii) defendant waives and gives up
12   all defenses based on the statute of limitations, any claim of pre-
13   indictment delay, or any speedy trial claim with respect to any such
14   action, except to the extent that such defenses existed as of the
15   date of defendant’s signing this agreement.
16                           EFFECTIVE DATE OF AGREEMENT
17              This agreement is effective upon signature and execution of
18   all required certifications by defendant, defendant’s counsel, and an
19   Assistant United States Attorney.
20                                BREACH OF AGREEMENT
21              Defendant agrees that if defendant, at any time after the
22   signature of this agreement and execution of all required
23   certifications by defendant, defendant’s counsel, and an Assistant
24   United States Attorney, knowingly violates or fails to perform any of
25   defendant’s obligations under this agreement (“a breach”), the USAO
26   may declare this agreement breached.       All of defendant’s obligations
27   are material, a single breach of this agreement is sufficient for the
28   USAO to declare a breach, and defendant shall not be deemed to have
                                          13

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 14 of 41 Page ID #:35



 1   cured a breach without the express agreement of the USAO in writing.

 2   If the USAO declares this agreement breached, and the Court finds

 3   such a breach to have occurred, then: (a) if defendant has previously

 4   entered guilty pleas pursuant to this agreement, defendant will not

 5   be able to withdraw the guilty pleas, and (b) the USAO will be

 6   relieved of all its obligations under this agreement.

 7              Following the Court’s finding of a knowing breach of this
 8   agreement by defendant, should the USAO choose to pursue any charge
 9   that was either dismissed or not filed as a result of this agreement,
10   then:
11              a.    Defendant agrees that any applicable statute of
12   limitations is tolled between the date of defendant’s signing of this
13   agreement and the filing commencing any such action.
14              b.    Defendant waives and gives up all defenses based on
15   the statute of limitations, any claim of pre-indictment delay, or any
16   speedy trial claim with respect to any such action, except to the
17   extent that such defenses existed as of the date of defendant’s
18   signing this agreement.
19              c.    Defendant agrees that: (i) any statements made by
20   defendant, under oath, at the guilty plea hearing (if such a hearing
21   occurred prior to the breach); (ii) the agreed to factual basis
22   statement in this agreement; and (iii) any evidence derived from such
23   statements, shall be admissible against defendant in any such action
24   against defendant, and defendant waives and gives up any claim under
25   the United States Constitution, any statute, Rule 410 of the Federal
26   Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal
27   Procedure, or any other federal rule, that the statements or any
28

                                          14

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 1   evidence derived from the statements should be suppressed or are

 2   inadmissible.

 3          COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES

 4                                OFFICE NOT PARTIES
 5              Defendant understands that the Court and the United States
 6   Probation and Pretrial Services Office are not parties to this
 7   agreement and need not accept any of the USAO’s sentencing
 8   recommendations or the parties’ agreements to facts or sentencing
 9   factors.
10              Defendant understands that both defendant and the USAO are
11   free to: (a) supplement the facts by supplying relevant information
12   to the United States Probation and Pretrial Services Office and the
13   Court, (b) correct any and all factual misstatements relating to the
14   Court’s Sentencing Guidelines calculations and determination of
15   sentence, and (c) argue on appeal and collateral review that the
16   Court’s Sentencing Guidelines calculations and the sentence it
17   chooses to impose are not error, although each party agrees to
18   maintain its view that the calculations in paragraph 18 are
19   consistent with the facts of this case.        While this paragraph permits
20   both the USAO and defendant to submit full and complete factual
21   information to the United States Probation and Pretrial Services
22   Office and the Court, even if that factual information may be viewed
23   as inconsistent with the facts agreed to in this agreement, this
24   paragraph does not affect defendant’s and the USAO’s obligations not
25   to contest the facts agreed to in this agreement.
26              Defendant understands that even if the Court ignores any
27   sentencing recommendation, finds facts or reaches conclusions
28   different from those agreed to, and/or imposes any sentence up to the
                                          15

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 16 of 41 Page ID #:37



 1   maximum established by statute, defendant cannot, for that reason,

 2   withdraw defendant’s guilty pleas, and defendant will remain bound to

 3   fulfill all defendant’s obligations under this agreement.           Defendant

 4   understands that no one –- not the prosecutor, defendant’s attorney,

 5   or the Court –- can make a binding prediction or promise regarding

 6   the sentence defendant will receive, except that it will be between

 7   the statutory mandatory minimum and the statutory maximum.

 8                             NO ADDITIONAL AGREEMENTS

 9              Defendant understands that, except as set forth herein,
10   there are no promises, understandings, or agreements between the USAO
11   and defendant or defendant’s attorney, and that no additional
12   promise, understanding, or agreement may be entered into unless in a
13   writing signed by all parties or on the record in court.
14   ///
15   ///
16   ///
17   ///
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        Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 17 of 41 Page ID #:38



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Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 19 of 41 Page ID #:40




                                                

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 20 of 41 Page ID #:41



 1

 2

 3

 4

 5

 6

 7

 8                          UNITED STATES DISTRICT COURT

 9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

10

11   UNITED STATES OF AMERICA,               ED CR No. 22-

12             Plaintiff,                    I N F O R M A T I O N

13             v.                            [18 U.S.C. § 1349: Conspiracy to
                                             Commit Mail and Wire Fraud; 18
14   KENNETH ANDREW LATHON,                  U.S.C. § 1028A(a)(1): Aggravated
                                             Identity Theft; 18 U.S.C.
15             Defendant.                    § 922(g)(1): Felon in Possession
                                             of Firearms; 18 U.S.C.
16                                           § 981(a)(1)(C), 18 U.S.C.
                                             § 924(d)(1), and 28 U.S.C.
17                                           § 2461(c): Criminal Forfeiture]
18

19

20        The Acting United States Attorney charges:
21                                     COUNT ONE
22                                [18 U.S.C. § 1349]
23   A.   INTRODUCTORY ALLEGATIONS
24        At times relevant to this Information:
25        1.    Defendant KENNETH ANDREW LATHON was a resident of Moreno
26   Valley, California.
27        2.    Beginning no later than 2014, and continuing to the
28   present, defendant LATHON’s spouse, Co-conspirator 1, operated at

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 21 of 41 Page ID #:42



 1   least three businesses involved in providing tax preparation services

 2   to the public: Miracle Tax Services, Hardcore Corporation (doing

 3   business as “Hardcore Taxes”), and Lathon LLC (doing business as “LL

 4   Taxes”).   Individuals seeking tax preparation services from Co-

 5   Conspirator 1 provided her with their personal identifying

 6   information (“PII”), including their names, dates of birth, and

 7   social security numbers.

 8         3.   California’s Employment Development Department (“EDD”) was

 9   the administrator of the unemployment insurance (“UI”) benefit

10   program for the State of California.

11         4.   On March 13, 2020, the President of the United States

12   declared COVID-19 an emergency under the Robert T. Stafford Disaster

13   Relief and Emergency Assistance Act.       As a result, Congress passed

14   the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”),

15   which the President signed into law on March 27, 2020.          The CARES Act

16   provided over $2 trillion in economic relief protections to the

17   American people from the public health and economic impacts of COVID-

18   19.

19         5.   Prior to the enactment of the CARES Act, to be eligible for

20   UI administered by EDD, a person had to have been employed and worked

21   in California and received at least a certain amount of wages from an

22   employer in the 18 months preceding his/her UI benefits claim.

23   Because of this requirement, self-employed workers, independent

24   contractors, and employees with insufficient earnings were not

25   eligible to receive regular UI benefits.

26         6.   The CARES Act established a new program – Pandemic

27   Unemployment Assistance (“PUA”) –- to provide unemployment benefits

28   during the COVID-19 pandemic to people who did not qualify for

                                            2

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 22 of 41 Page ID #:43



 1   regular unemployment insurance benefits, including business owners,

 2   self-employed workers, independent contractors, and those with

 3   limited work history who were out of business or had significantly

 4   reduced their services as a direct result of the pandemic.           UI

 5   benefits provided under the PUA program were sometimes referred to as

 6   PUA benefits.

 7           7.    Under the PUA provisions of the CARES Act, a person who was

 8   a business owner, self-employed worker, independent contractor, or

 9   gig worker could qualify for PUA benefits administered by EDD if

10   he/she previously performed such work in California and was

11   unemployed, partially unemployed, unable to work, or unavailable to

12   work due to a COVID-19-related reason.

13           8.    Persons applying for PUA benefits did not need to submit

14   any supporting documents to EDD with their applications.           Claimants

15   entered their total income for the 2019 calendar year on the

16   application.     The stated income was used to pay the minimum benefits

17   of $167 per week.     EDD could request documentation to provide proof

18   of the stated income.

19           9.    A PUA claimant was required to answer various questions to

20   establish his/her eligibility for PUA benefits.         The claimant was

21   required to provide his/her name, social security number, and mailing

22   address.      The claimant was also required to identify a qualifying

23   occupational status and COVID-19 related reason for being out of

24   work.

25           10.   After it accepted a UI claim, including a claim submitted

26   pursuant to the PUA program, EDD typically deposited UI funds every

27   two weeks to an Electronic Benefit Payment (“EBP”) debit card

28   administered by Bank of America (“BofA”), which the claimant could

                                            3

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 23 of 41 Page ID #:44



 1   use to pay for his/her expenses.       The EBP debit card was mailed via

 2   the United States Postal Service to the claimant at the address the

 3   claimant provided in his/her UI application.

 4   B.   THE OBJECTS OF THE CONSPIRACY

 5        Beginning no later than on or about February 2, 2020, and
 6   continuing through at least on or about March 23, 2021, in Riverside
 7   County within the Central District of California, and elsewhere,
 8   defendant LATHON and his spouse, Co-conspirator 1, together with
 9   others known and unknown to the Acting United States Attorney,
10   knowingly and with intent to defraud, conspired to commit offenses
11   against the United States, namely, mail fraud, in violation of Title
12   18, United States Code, Section 1341, and wire fraud, in violation of
13   Title 18, United States Code, Section 1343.
14   C.   THE MANNER AND MEANS OF THE CONSPIRACY
15        11.   The objects of the conspiracy were carried out, and were to
16   be carried out, in substance, as follows:
17              a.    Defendant LATHON and Co-conspirator 1 filed and caused
18   the filing with EDD of fraudulent applications for UI benefits that
19   falsely asserted the named claimants were self-employed independent
20   contractors who had been negatively affected by the COVID-19
21   pandemic, thereby triggering eligibility for UI benefits under the
22   PUA provision of the CARES Act.       In some instances, Co-conspirator 1
23   submitted fraudulent applications for UI benefits using names, social
24   security numbers and dates of birth that they obtained from former
25   clients of Co-conspirator 1’s tax preparation businesses without the
26   permission of those former clients.        Co-conspirator 1 also paid
27   others in exchange for third parties’ names, dates of birth, and
28   social security numbers to use on EDD applications.          In all
                                            4

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 24 of 41 Page ID #:45



 1   instances, defendant LATHON knew that Co-Conspirator 1 submitted the

 2   applications using others’ PII intending to secure the benefits for

 3   defendant LATHON, Co-Conspirator 1, and their co-conspirators by

 4   having the EBP debit cards mailed to addresses that defendant LATHON

 5   and Co-conspirator 1 could collect mail.

 6              b.    In some instances, Co-conspirator 1 falsely asserted

 7   and caused to be asserted on the UI applications submitted in

 8   furtherance of the conspiracy that the claimants were residents of

 9   California entitled to UI benefits administered by EDD when, in fact,

10   they were not, and defendant LATHON knew they were not.

11              c.    In some instances, Co-conspirator 1 falsely asserted

12   and caused to be asserted inflated income for the named claimants on

13   their applications in order to receive the maximum benefit amount.

14              d.    In some instances, Co-conspirator 1 and other co-

15   conspirators made up and caused to be made up the occupation that was

16   listed for the named claimant on the application.

17              e.    To the contrary, and as defendant LATHON then well

18   knew, many of the persons named as claimants on the applications Co-

19   conspirator 1 filed and caused to be filed had no residential history

20   in the State of California and/or had not been employed in the

21   occupations that Co-conspirator 1 reported and caused to be reported

22   on the UI benefits applications she submitted and caused to be

23   submitted in the names of the named claimants.

24              f.    By falsely asserting that the claimants had worked in

25   the State of California as independent contractors who had lost work

26   because of COVID-19, Co-conspirator 1 falsely represented and caused

27   to be falsely represented that the named claimants were entitled to

28

                                            5

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 25 of 41 Page ID #:46



 1   UI benefits administered by EDD when, as defendant LATHON then knew,

 2   they were not.

 3                g.   As a result of the fraudulent UI benefit claims that

 4   defendant Co-conspirator 1 filed and caused to be filed, EDD

 5   authorized BofA to issue EBP debit cards in the names of the named

 6   claimants.    Defendant LATHON knew that the applications Co-

 7   Conspirator 1 submitted would cause BofA to mail EBP debit cards

 8   issued to the named claimants via the United States Postal Service to

 9   the addresses defendant Co-conspirator 1 provided on the fraudulent

10   UI claim applications, including addresses that defendant LATHON and

11   his co-conspirators controlled.

12                h.   Defendant LATHON and Co-conspirator 1 would use the

13   EBP debit cards, or direct others to use the EBP debit cards, to make

14   cash withdrawals at automated teller machines (“ATMs”) and to make

15   purchases at retail stores, both types of transactions involved wire

16   communication in interstate commerce.

17                i.   Through this conspiracy, defendant LATHON and Co-

18   conspirator 1 caused at least 44 fraudulent PUA claims to be filed,

19   resulting in losses to EDD and the United States Treasury of

20   approximately $998,630.

21   D.   OVERT ACTS

22        12.     In furtherance of the conspiracy and to accomplish its
23   objects, defendant LATHON, Co-conspirator 1, and other co-
24   conspirators known and unknown to the Acting United States Attorney,
25   committed, and willfully caused others to commit, various overt acts
26   within the Central District of California, and elsewhere, including,
27   but not limited to, the following:
28

                                            6

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 26 of 41 Page ID #:47



 1        Overt Act No. 1:       On August 26, 2020, defendant LATHON used

 2   the EBP debit card held in victim A.C.’s name to withdraw $1,000 from
 3   an ATM in Escondido, California.
 4        Overt Act No. 2:       On September 7, 2020, defendant LATHON and
 5   Co-conspirator 1 used the EBP debit cards held in the names of
 6   victims L.L. and D.P. to withdraw $2,000 from an ATM in Upland,
 7   California.
 8

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                                            7

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 27 of 41 Page ID #:48



 1                                     COUNT TWO

 2                            [18 U.S.C. § 1028A(a)(1)]

 3        On or about August 24, 2020, in the County of Orange, within the

 4   Central District of California, and elsewhere, defendant KENNETH

 5   ANDREW LATHON knowingly possessed and used, without lawful authority,

 6   means of identification that defendant LATHON knew belonged to

 7   another person, namely, the name of A.C., during and in relation to

 8   the offense of Conspiracy to Commit Mail Fraud and Wire Fraud, a

 9   felony in violation of Title 18, United States Code, Section 1349, as

10   charged in Count One of this Information.

11

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                                            8

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 28 of 41 Page ID #:49



 1                                    COUNT THREE

 2                             [18 U.S.C. § 922(g)(1)]

 3        On or about March 23, 2021, in Riverside County, within the

 4   Central District of California, defendant KENNETH ANDREW LATHON

 5   knowingly possessed the following firearms, in and affecting

 6   interstate and foreign commerce:

 7        13.   a Remington, Mohawk 10C, .22 caliber rifle bearing serial

 8   number 2452183; and

 9        14.   a Mossberg, 500 ATP, 12-gauge shotgun with an attached

10   ammunition saddle, bearing no identifiable serial number.

11        Defendant LATHON possessed such firearms knowing that he had

12   previously been convicted of at least one of the following felony

13   crimes, each punishable by a term of imprisonment exceeding one year:

14        1.    Receiving Stolen Property, in violation of California Penal

15   Code Section 496(a) and Possession of a Completed Check with Intent

16   to Defraud, in violation of California Penal Code Section 475(a), in

17   the Superior Court of California, County of Orange, case number

18   SH975F0412, on or about May 8, 1997;

19        2.    Possession of Cocaine, in violation of California Penal

20   Code Section 11350(a), in the Superior Court of California, County of

21   Los Angeles, case number KA020702, on or about March 3, 1998; and

22        3.    Fraud to Obtain Aid by Misrepresentation, in violation of

23   Welfare and Institutions Code Section 10980(c)(2), in the Superior

24   Court of California, County of San Bernardino, case number

25   FSB1104727, on or about May 16, 2012.

26

27

28

                                            9

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 29 of 41 Page ID #:50



 1                            FORFEITURE ALLEGATION ONE

 2             [18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)]

 3        1.    Pursuant to Rule 32.2 of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 18,

 6   United States Code, Section 981(a)(1)(C) and Title 28, United States

 7   Code, Section 2461(c), in the event of any defendant’s conviction of

 8   the offenses set forth in Counts One or Two of this Information.

 9        2.    Any defendant so convicted shall forfeit to the United

10   States of America the following:

11              (a)   All right, title, and interest in any and all

12   property, real or personal, constituting, or derived from, any

13   proceeds traceable to the offense; and

14              (b)   To the extent such property is not available for

15   forfeiture, a sum of money equal to the total value of the property

16   described in subparagraph (a).

17        3.    Pursuant to Title 21, United States Code, Section 853(p),

18   as incorporated by Title 28, United States Code, Section 2461(c), any

19   defendant so convicted shall forfeit substitute property, up to the

20   value of the property described in the preceding paragraph if, as the

21   result of any act or omission of said defendant, the property

22   described in the preceding paragraph or any portion thereof (a)

23   cannot be located upon the exercise of due diligence; (b) has been

24   transferred, sold to, or deposited with a third party; (c) has been

25   placed beyond the jurisdiction of the court; (d) has been

26   //

27   //

28

                                           10

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 30 of 41 Page ID #:51



 1   substantially diminished in value; or (e) has been commingled with

 2   other property that cannot be divided without difficulty.

 3

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                                           11

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 31 of 41 Page ID #:52



 1                            FORFEITURE ALLEGATION TWO

 2               [18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c)]

 3        1.    Pursuant to Rule 32.2 of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 18,

 6   United States Code, Section 924(d)(1), and Title 28, United States

 7   Code, Section 2461(c), in the event of any defendant’s conviction of

 8   the offense set forth Count Three of this Information.

 9        2.    Any defendant so convicted shall forfeit to the United

10   States of America the following:

11              (a)   All right, title, and interest in any firearm or

12   ammunition involved in or used in any such offense, to include a

13   Remington, Mohawk 10C, .22 caliber rifle bearing serial number

14   2452183 and a Mossberg, 500 ATP, 12-gauge shotgun with an attached

15   ammunition saddle, bearing no identifiable serial number, and an

16   unknown make AR-15 pattern rifle, bearing no serial number; and

17              (b)   To the extent such property is not available for

18   forfeiture, a sum of money equal to the total value of the property

19   described in subparagraph (a).

20        3.    Pursuant to Title 21, United States Code, Section 853(p),

21   as incorporated by Title 28, United States Code, Section 2461(c), the

22   convicted defendant shall forfeit substitute property, up to the

23   value of the property described in the preceding paragraph if, as the

24   result of any act or omission of said defendant, the property

25   described in the preceding paragraph or any portion thereof (a)

26   cannot be located upon the exercise of due diligence; (b) has been

27   transferred, sold to, or deposited with a third party; (c) has been

28   placed beyond the jurisdiction of the court;

                                           12

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 32 of 41 Page ID #:53



 1

 2   (d) has been substantially diminished in value; or (e) has been

 3   commingled with other property that cannot be divided without

 4   difficulty.

 5                                            STEPHANIE S. CHRISTENSEN
                                              Acting United States Attorney
 6

 7

 8                                            SCOTT M. GARRINGER
                                              Assistant United States Attorney
 9                                            Chief, Criminal Division
10                                            SEAN D. PETERSON
                                              Assistant United States Attorney
11                                            Chief, Riverside Branch Office
12                                            BYRON R. TUYAY
                                              Assistant United States Attorney
13                                            Riverside Branch Office
14

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                                           13

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 33 of 41 Page ID #:54



                                                EXHIBIT B
                           STATEMENT OF FACTS IN SUPPORT OF PLEA AGREEMENT

                      Kenneth Andrew Lathon (“defendant”) represents and admits

             that the following facts are true:

             Background on Unemployment Insurance Program

                      At all times relevant to the charge in the Information:

                            a.    Defendant was a resident of Moreno Valley,

             California.

                            b.    Beginning no later than 2014 to the present,

             defendant’s spouse, Co-conspirator 1, operated at least three

             businesses involved in providing tax preparation services to the

             public: Miracle Tax Services, Hardcore Corporation (doing

             business as “Hardcore Taxes”), and Lathon LLC (doing business as

             “LL Taxes”).        Individuals seeking tax preparation services from

             Co-conspirator 1’s businesses provided her with their personal

             identifying information (“PII”) including their names, dates of

             birth, and social security numbers.

                            c.    California’s Employment Development Department

             (“EDD”) was the administrator of the unemployment insurance

             (“UI”) benefit program for the State of California.

                            d.    On March 13, 2020, the President of the United

             States declared COVID-19 an emergency under the Robert T.

             Stafford Disaster Relief and Emergency Assistance Act.                 As a

             result, Congress passed the Coronavirus Aid, Relief, and

             Economic Security Act (“CARES Act”), which the President signed

             into law on March 27, 2020.          The CARES Act provided over $2

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 34 of 41 Page ID #:55



             trillion in economic relief protections to the American people

             from the public health and economic impacts of COVID-19.

                           e.   Prior to the enactment of the CARES Act, to be

             eligible for UI administered by EDD, a person had to have been

             employed and worked in California and received at least a

             certain amount of wages from an employer in the 18 months

             preceding his/her UI benefits claim.            Because of this

             requirement, self-employed workers, independent contractors, and

             employees with insufficient earnings were not eligible to

             receive regular UI benefits.

                           f.   The CARES Act established a new program –

             Pandemic Unemployment Assistance (“PUA”) –- to provide

             unemployment benefits during the COVID-19 pandemic to people who

             did not qualify for regular unemployment insurance benefits,

             including business owners, self-employed workers, independent

             contractors, and those with limited work history who were out of

             business or had significantly reduced their services as a direct

             result of the pandemic.         UI benefits provided under the PUA

             program are sometimes referred to as PUA benefits.

                           g.   Under the PUA provisions of the CARES Act, a

             person who was a business owner, self-employed worker,

             independent contractor, or gig worker could qualify for PUA

             benefits administered by EDD if he/she previously performed such

             work in California and was unemployed, partially unemployed,

             unable to work, or unavailable to work due to a COVID-19-related

             reason.




                                                     2

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 35 of 41 Page ID #:56



                           h.   Persons applying for PUA benefits did not need to

             submit any supporting documents to EDD with their applications.

             Claimants entered their total income for the 2019 calendar year

             on the application.       The stated income was used to pay the

             minimum benefits of $167 per week.           EDD could request

             documentation to provide proof of the stated income.

                           i.   A PUA claimant was required to answer various

             questions to establish his/her eligibility for PUA benefits.

             The claimant was required to provide his/her name, Social

             Security Number, and mailing address.            The claimant was also

             required to identify a qualifying occupational status and COVID-

             19 related reason for being out of work.

                           j.   After it accepted a UI claim, including a claim

             submitted pursuant to the PUA program, EDD typically deposited

             UI funds every two weeks to an Electronic Benefit Payment

             (“EBP”) debit card administered by Bank of America (“BofA”),

             which the claimant could use to pay for his/her expenses.                 The

             EBP debit card was mailed via the United States Postal Service

             to the claimant at the address the claimant provided in his/her

             UI application.

             Defendant’s Conspiracy to Defraud EDD

                           k.   Beginning no later than February 2, 2020, and

             continuing through at least March 23, 2021, in Riverside County

             within the Central District of California, and elsewhere,

             defendant had an agreement with his spouse Co-conspirator 1 and

             others, to knowingly and with the intent to defraud, commit

             offenses against the United States, namely, defendant and his

                                                     3

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 36 of 41 Page ID #:57



             co-conspirators devised, participated in, and executed a scheme

             to fraudulently obtain UI benefits, including PUA benefits from

             EDD and the United States Treasury by submitting applications

             for UI benefits using the names, dates of birth and social

             security numbers of third parties and fictitious employment

             information.

                      Defendant knew that Co-conspirator 1 filed and caused the

             filing with EDD of fraudulent applications for UI benefits,

             which falsely asserted the named claimants were self-employed

             independent contractors who were negatively affected by the

             COVID-19 pandemic, triggering eligibility for UI benefits under

             the PUA provision of the CARES Act.            Defendant knew that Co-

             conspirator 1 obtained some of the PII used to submit the

             fraudulent claims through her prior work as a tax preparer

             without permission to use the PII of her former clients.

             Defendant and Co-conspirator 1 also offered to pay others in

             exchange for third parties’ PII to use on EDD applications.                  In

             all instances, defendant LATHON knew that Co-conspirator 1

             submitted the applications using others’ PII intending to secure

             the benefits for himself and their family by having the EBP

             debit cards mailed to addresses where he and Co-conspirator 1

             could collect mail.

                      Defendant understood that the UI applications that Co-

             conspirator 1 submitted, falsely asserted and caused to be

             asserted in furtherance of the conspiracy that the claimants

             were residents of California entitled to UI benefits

             administered by EDD when, in fact, they were not, and defendant


                                                     4

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 37 of 41 Page ID #:58



             knew they were not.       Defendant understood that the UI

             applications submitted by Co-conspirator 1 were based on

             fictitious information including employment histories, mailing

             addresses, e-mail accounts, and phone numbers.

                      As a result of the fraudulent UI benefit applications

             defendant and Co-conspirator 1 filed and caused to be filed, EDD

             authorized BofA to issue EBP cards in the names of the named

             claimants.     Defendant knew that the UI applications would cause

             BofA to mail EBP debit cards issued to the named claimants via

             the United States Postal Service to the addresses Co-conspirator

             1 provided on the fraudulent UI claim applications, including

             addresses where defendant and Co-conspirator 1 knew that they

             could collect mail.

                      Defendant and his co-conspirators would use, or direct

             others to use, the EBP debit cards to make cash withdrawals at

             automated teller machines (“ATMs”) and to make purchases at

             retail stores, both types of transactions involved wire

             communication in interstate commerce.

                      Through this conspiracy, defendant and Co-conspirator 1

             caused at least 44 fraudulent PUA claims to be filed resulting

             in losses to EDD and the United States Treasury of approximately

             $998,630.

                      In furtherance of the conspiracy and to accomplish its

             objects, defendant committed various overt acts within the

             Central District of California, and elsewhere, including, but

             not limited to, the following:




                                                     5

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 38 of 41 Page ID #:59



                      On August 26, 2020, defendant used the EBP debit card held

             in victim A.C.’s name to withdraw $1,000 from an ATM in

             Escondido, California.

                      On September 7, 2020, defendant and Co-conspirator 1 used

             the EBP debit cards held in the names of victims L.L. and D.P.

             to withdraw $2,000 from an ATM in Upland, California.

                      Furthermore, on or about August 24, 2020, defendant

             knowingly possessed and used, an EBP debit card in opened in the

             name of victim A.C., to withdrawal $1,000 from an ATM in Brea,

             California, in the County of Orange, during and in relation to

             the conspiracy to defraud EDD.          At the time defendant used the

             name of victim A.C., defendant knew that A.C. was a real person.

             Defendant’s Unlawful Firearms Possession

                      On March 23, 2021, while executing a search warrant at

             defendant’s residence in Moreno Valley, Riverside County, agents

             found the following items:

                           x   a Remington, Mohawk 10C, .22 caliber rifle bearing
                               serial number 2452183; and

                           x   a Mossberg, 500 ATP, 12-gauge shotgun with an attached
                               ammunition saddle.

             These items belonged to defendant; he knew where they were

             located and he had the power and intention to control them.

                      The firearms seized from defendant on March 23, 2021, had

             been manufactured outside the State of California.                Accordingly,

             at the time defendant possessed firearms, they had previously

             travelled across an interstate or international border.

                      When defendant possessed firearms on March 23, 2021,

                                                     6

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 39 of 41 Page ID #:60



             defendant knew that he had been convicted of the following

             felony crimes, and he knew that each was punishable by

             imprisonment for a term exceeding one year:

                      Receiving stolen property, in violation of California Penal

             Code Section 496(a) and Possession of a Completed Check with

             Intent to Defraud, in violation of California Penal Code Section

             475(a), in the Superior Court of California, County of Orange,

             case number SH975F0412, on or about May 8, 1997;

                      Possession of cocaine, in violation of California Penal

             Code Section 11350(a), in the Superior Court of California,

             County of Los Angeles, case number KA020702, on or about March

             3, 1998; and

                      Fraud to Obtain Aid by Misrepresentation, in violation of

             Welfare and Institutions Code Section 10980(c)(2), in the

             Superior Court of California, County of San Bernardino, case

             number FSB1104727, on or about May 16, 2012.




                                                     7

 
                           
              Case 5:22-cr-00230-FMO       Document 6 Filed 09/30/22 Page 40 of 41 Page ID #:61



                      I have read this STATEMENT OF FACTS IN SUPPORT OF PLEA

             AGREEMENT in its entirety.         I have had enough time to review

             this statement of facts and I have carefully and thoroughly

             discussed every part of it with my attorney.              I agree that this

             statement of facts is sufficient to support pleas of guilty to

             the charges described in the plea agreement and to establish the

             Sentencing Guidelines factors set forth in paragraph 18 of the

             plea agreement.

                                                                      
               KENNETH ANDREW LATHON                                 Date
               Defendant


                      I am KENNETH ANDREW LATHON’s attorney.          I have carefully

             and thoroughly discussed every part of this statement of facts

             with my client and agree that it is sufficient to support pleas

             of guilty to the charges described in the plea agreement and to

             establish the Sentencing Guidelines factors set forth in

             paragraph 18 of the plea agreement.

                                                                    
               JENAE MCDONALD                                       Date
               Attorney for Defendant
               KENNETH ANDREW LATHON

     Case 5:22-cr-00230-FMO Document 6 Filed 09/30/22 Page 41 of 41 Page ID #:62



 1                              CERTIFICATE OF SERVICE

 2
            I am a citizen of the United States and a resident of
 3
     Riverside County, California.      I am over 18 years of age, and I
 4
     am not a party to the above-entitled action.         My business
 5
     address is the United States Attorney’s Office, 3403 Tenth
 6
     Street, Suite 200, Riverside, California 92501.
 7

 8          On this date, September 30, 2022 I served a copy of the
 9   following entitled document(s) PLEA AGREEMENT
10

11
            as follows:
12

13                    Ƒ    by placing the document in a sealed
14
                           envelope, addressed to the person specified
                           below, and placing it for interoffice
15                         delivery within the courthouse:
16                    Ŷ    by e-mailing a pdf. version of the document
17
                           to the e-mail address specified below:

18                    Ƒ    by placing the document in a sealed
                           envelope, addressed to the person specified
19                         below, and placing it for U.S. mail
20
                           delivery:

21                         Jenae McDonald
                           jenae@dre.law
22

23
     ____
24
              I declare under penalty of perjury that the foregoing is
25
              true and correct. Executed on, September 30, 2022 at
26            Riverside, California.

27

28                                            /s/_____________
                                              Brenda Tovar

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