Indictment — United States v. Long (Dkt. 2, D.N.M.)

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An indictment in United States v. Mark A. Long, a.k.a. Marc Long, Case 1:25-cr-03855-KWR, in the U.S. District Court for the District of New Mexico, filed September 23, 2025 as Document 2. It charges conspiracy to commit fraud under 18 U.S.C. § 1349 (Count 1), wire fraud in Counts 2 - 10, mail fraud in Counts 11 - 18 and theft of government property in Counts 19 - 29. It describes the New Mexico Department of Workforce Solutions unemployment system and the CARES Act programs, including Pandemic Unemployment Assistance and Federal Pandemic Unemployment Compensation payments of $600 or $300 per week, as background to charges against Long, a Texas resident. It includes a forfeiture allegation.

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Case 1:25-cr-03855-KWR Document2 Filed 09/23/25 Page iRLLED
                                                                UNITED STATES DISTRICT COURT
                                                                  ALBUQUERQUE, NEW MEXICO

                     IN THE UNITED STATES DISTRICT COURT                  SEP 2 3 2029

                        FOR THE DISTRICT OF NEW MEXICO              MITCHELL B ELFERS

 UNITED STATES OF AMERICA,

                                               CRIMINALNO. 22> 3858 We
              Plaintiff,

        VS.                                    Count 1: 18 U.S.C. § 1349: Conspiracy
                                               to Commit Fraud;
 MARK A. LONG, a.k.a Marc Long,            ae ee a ae ae a a a a 44444
                                               Counts 2 - 10: 18 U.S.C. § 1343: Wire
              Defendant.                       Fraud; 18 U.S.C. § 2: Aiding and
                                               Abetting;

                                               Counts 11 - 18: 18 U.S.C. § 1341: Mail
                                               Fraud; 18 U.S.C. § 2: Aiding and
                                               Abetting;

                                               Counts 19 - 29: 18 U.S.C. § 641: Theft of
                                               Government Property; 18 U.S.C. § 2:
                                               Aiding and Abetting.

                                 INDICTMENT

The Grand Jury charges:

                                  General Allegations

       At all times relevant to this Indictment:

   A. Relevant Individuals and Agencies

       1.    The defendant, MARK A. LONG, was an individual residing in Texas.

       2.    The New Mexico Department of Work Force Solutions (NMDWS) was an agency

of the State of New Mexico responsible for labor and employment-related issues for businesses

and individuals in New Mexico.

       3.    The Ohio Department of Rehabilitation and Corrections (ODRC) was the state

agency responsible for overseeing the adult prison system for the State of Ohio.

Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page 2of11

4. The Federal Emergency Management Agency (FEMA) was an agency of the
United States responsible for coordinating the federal response to disasters that receive a
Presidential disaster declaration.

B. Unemployment Insurance

5. Federal law establishes a system of unemployment insurance (UI) which provides
unemployment benefits to workers who are unemployed through no fault of their own. Each
state administers its UI program separately. In New Mexico, the NMDWS is the state agency
that administers the UI program.

6. Claims for UI benefits in New Mexico may be made online by submitting
information including the claimant’s name, Social Security Number, birthdate, address, and
contact information. Ifthe claim is approved, the claimant must then make weekly requests or
certifications for benefits to continue to be paid. These weekly requests or certifications can be
made online or over the telephone. The online system used by the NMDWS in association with
UI benefits is maintained on a server located in New Mexico.

7. Once a claim is filed, the NUDWS typically mails correspondence to the physical
address included in the application for benefits, although claimants may request to receive
correspondence through email. All mailed correspondence sent from the NUDWS is sent
through the United States Postal Service.

8. If a UI claim is approved by the NMUDWS, benefits can be paid by direct deposit
to a bank account, or by paper checks. Benefits can also be paid through a debit card issued by
Conduent. The payments are made through various interstate transfers between the NMDWS,
Conduent, Wells Fargo Bank, and the State Unemployment Trust Fund. The State

Unemployment Trust Fund is located in New York, New York.

Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page 3of11

C. The COVID-19 National Emergency

9. 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 Families First Coronavirus Response Act (FFCRA) and the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which the President signed
into law on March 18, 2020, and March 27, 2020, respectively. The FFCRA and the CARES Act
were designed to provide emergency financial assistance to the millions of Americans who
suffered the economic effects caused by the COVID-19 pandemic, including by expanding the
states’ ability to provide UI for many workers impacted by the COVID-19 pandemic.

10... The CARES Act included the creation of a temporary, federally-funded Pandemic
Unemployment Assistance (PUA) program, which expanded UI coverage to individuals who
traditionally would not qualify for UI, such as those who were self-employed, independent
contractors, or had limited work history.

11. | The CARES Act also provided for additional temporary payments of Federal
Pandemic Unemployment Compensation (FPUC) of $600 or $300 per week for UI claimants.

12. To further offset the pandemic impact on American workers, on August 8, 2020,
the President authorized FEMA to expend federal money from the Disaster Relief Funds for
Covid Lost Wages Assistance (LWA) payments. The President authorized the FEMA
Administrator to provide grants to participating states, territories, and the District of Columbia,
including New Mexico, to administer delivery of LWA to those receiving unemployment

insurance.

Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page 4of11

13. In or about December 2020, the NMDWS issued a one-time supplemental UI
stimulus payment of $1,200 to PUA claimants who certified and were eligible to receive UI
benefits during recent prior certification periods.

Count 1

14. Paragraphs | through 13 of the indictment are incorporated in this part of the
indictment as if fully re-alleged herein.

15. | Beginning on an unknown date, but no later than in or about July 2020 and
continuing to at least in or about February 2021, in Bernalillo County, in the District of New
Mexico and elsewhere, the defendant, MARK A. LONG, and others known and unknown to the
Grand Jury, knowingly, voluntarily, and interdependently conspired, confederated, and agreed to
devise a scheme and artifice to defraud and for obtaining money and property by means of
materially false pretenses and representations, and, for purposes of executing the scheme, to
transmit and cause to be transmitted certain wire communications in interstate and foreign
commerce, and to cause matters and things to be sent and delivered by mail, and the scheme was
related to a presidentially declared major disaster or emergency, namely the COVID-19
pandemic, and affected a financial institution, in violation of 18 U.S.C. §§ 1341 and 1343.

Overview of the Conspiracy

16. | Beginning on an unknown date, but no later than in or about July 2020 and
continuing to at least in or about February 2021, the defendant, MARK A. LONG, and others
knowingly devised a scheme to defraud the State of New Mexico, the United States of America,
and others by means of materially false and fraudulent pretenses and representations in order to
fraudulently collect UI benefits awarded through the CARES Act and by FEMA. Specifically,

the defendant, MARK A. LONG, and others used the Personally Identifiable Information (PI)

Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page5of11

of other individuals to obtain federally-funded, pandemic-related UI benefits through the State of
New Mexico, as well as other states, in a total approximate amount of $420,000, of which
approximately $160,000 was issued by the NMUDWS.

Manner and Means

17.‘ To further the goals and objects of the conspiracy, the defendant, MARK A.
LONG, and his co-conspirators, used and caused others to use the following manners and
means:

a. Communicating about methods to obtain UI benefits in the name of other
individuals;

b. Obtaining PII related to other individuals;

c. Using PII to create fake documents, including bills, bank statements, social
security cards, and medical records, in the name of other individuals;

d. Using PII to submit at least 31 fraudulent online applications to the NUDWS,
and many more to other state agencies, in the name of other individuals,
including individuals incarcerated in the ODRC, who were ineligible for UI
benefits;

e. Submitting weekly certifications to the NNDWS online using mobile phone,
broadband, and cable internet connections;

f. Opening multiple bank accounts for the deposit of UI benefits;

g. Causing the NMDWS to initiate wire transfers, processed through computer
servers located in New Mexico, New York, and elsewhere, of UI benefits

issued in the name of other individuals, which were deposited into bank

Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page 6of11

accounts belonging or accessible to MARK A. LONG and his co-
conspirators;

h. Causing the NMDWS to mail or cause other entities to mail to addresses in
Texas that were accessible to MARK A. LONG and his co-conspirators
matter associated with UI benefits, including correspondence and debit cards
used by the NMUDWS to issue UI benefits;

i. Causing UI funds to be uploaded electronically to previously-mailed debit
cards issued to receive UI benefits;

j. Withdrawing at ATMs, stores, and elsewhere, UI funds deposited on debit
cards issued by the NMUDWS.

In violation of 18 U.S.C. § 1349,

Counts 2 - 10

18. Paragraphs | - 13 of the indictment are incorporated in this part of the indictment
as if fully re-alleged herein.

19. On or about the dates listed below, in Bernalillo County, in the District of New
Mexico, and elsewhere, the defendant, MARK A. LONG, with intent to defraud, knowingly and
unlawfully devised and intended to devise a scheme and artifice to defraud, and to obtain money
by means of materially false and fraudulent pretenses, representations and promises, and the
scheme was related to a presidentially declared major disaster or emergency, namely the
COVID-19 pandemic, and affected a financial institution, and for the purpose of executing and
attempting to execute the scheme and artifice, caused writings, signs, and signals to be

transmitted by means of wire communications in interstate commerce as described below:

Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page 7of11

Claimant

Count On or About Date Description of Wire
Initials

Wire transfer of UI benefits from the
September 28, 2020 NMDWS to Stride Account ending in 4047 DC.

Wire transfer of UI benefits from the
3 October 6, 2020 NMDWS to JP Morgan Chase Account D.C.
ending in 6901

Wire transfer of UI benefits from the
4 October 6, 2020 NMDWS to JP Morgan Chase Account D.G.
ending in 8218

Application for UI benefits electronically
5 October 26, 2020 submitted via a server located outside of New AG.
Mexico to the NMVDWS in New Mexico

Application for UI benefits electronically
6 November 4, 2020 | submitted via a server located outside of New A.J.
Mexico to the NUDWS in New Mexico

Application for UI benefits electronically
7 February 9, 2021 submitted via a server located outside of New S.W.
Mexico to the NMDWS in New Mexico

Application for UI benefits electronically
8 February 14,2021 | submitted via a server located outside of New D.R.
Mexico to the NMDWS in New Mexico

Application for UI benefits electronically
9 February 14,2021 | submitted via a server located outside of New D.A.
Mexico to the NMDWS in New Mexico

Application for UI benefits electronically
10 February 14,2021 | submitted via a server located outside of New AS.
Mexico to the NMDWS in New Mexico

All in violation of 18 U.S.C. §§ 1343 and 2.
Counts 11 - 18
20. Paragraphs 1 - 13 of the indictment are incorporated in this part of the indictment
as if fully re-alleged herein.
21. On or about the dates listed below, in Bernalillo County, in the District of New
Mexico, and elsewhere, the defendant, MARK A. LONG, with intent to defraud, knowingly and
unlawfully devised and intended to devise a scheme and artifice to defraud, and to obtain money

by means of materially false and fraudulent pretenses, representations and promises, and the

Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page 8of11

scheme was related to a presidentially declared major disaster or emergency, namely the

COVID-19 pandemic, and affected a financial institution, and for the purpose of executing and

attempting to execute the scheme and artifice, the defendant knowingly caused matters and

things, including debit cards and correspondence, to be sent and delivered by the United States

Postal Service and by any private and commercial interstate carrier, as follows:

Count On or About Date Description of Mailing
11 October 10, 2020 pe cae 5 Highway 6 penefits mailed from Conduent
12 October 27, 2020 mene Td nlee Re. benefits mailed from Conduent
14 | November 21, 2020 | oT) 519203 Highway 6Sin Texas
16 | February 10,2021 | oT at 10315 Paintbrush, in Texas
18 | February 16,2021 | Nyaryws to. at 10313 Paintbrush Ln in Texas

All in violation of 18 U.S.C. §§ 1341 and 2.

22.

Counts 19 - 29

Paragraphs | through 13 of the indictment are incorporated in this part of the

indictment as if fully re-alleged herein.


Case 1:25-cr-03855-KWR Document2_ Filed 09/23/25 Page9of11

23. On or about and between the dates listed below, in Bernalillo County, in the
District of New Mexico and elsewhere, the defendant, MARK A. LONG, knowingly,
unlawfully, and willfully embezzled, stole, purloined, and converted to his own use and the use
of another, money and things of value of the United States and of any department and agency of

the United States, specifically federally-funded UI benefits, with an aggregate value in excess of

$1,000.

Count On or About Dates of UI Payments Claimant Initials Total Value
19 September 27, 2020 — August 8, 2021 J.M. $18,574
20 September 27, 2020 — July 11, 2021 JJ. $16,698
21 September 27, 2020 — October 25, 2020 D.C. $2,121
22 September 27, 2020 — August 19, 2021 L.P. $19,043
23 September 27, 2020 — September 5, 2021 T.B. $20,450
24 September 29, 2020 — August 19, 2021 D.G. $19,043
25 November 3, 2020 — September 5, 2021 AAG. $19,605
26 November 4, 2020 — November 15, 2020 G.J. $507
27 November 13, 2020 — August 19, 2021 A.J. $18,029
28 November 19, 2020 — September 5, 2021 J.Ko. $19,267
29 February 18, 2021 — February 28, 2021 C.M. $1,407

In violation of 18 U.S.C. §§ 641 and 2.

FORFEITURE ALLEGATIONS

Counts 1 through 29 of this indictment are realleged and incorporated as part of this
section for the purpose of alleging forfeiture to the United States pursuant to 18 U.S.C.

§§ 981(a)(1)(C) and 28 U.S.C. § 2461(c).

Case 1:25-cr-03855-KWR Document2 _ Filed 09/23/25 Page10of11

Upon conviction of any offense in violation of 18 U.S.C. §§ 1341, 1343, 1349, or 641,
the defendant, MARK A. LONG, shall forfeit to the United States, pursuant to 18 U.S.C.
§§ 981(a)(1)(C) and 28 U.S.C. § 2461(c), any property, real or personal, which constitutes or is
derived from proceeds traceable to the offense(s). The property to be forfeited includes, but is
not limited to, the following:

MONEY JUDGMENT

A sum of money representing property constituting or derived from proceeds traceable to
the offense(s) set forth in the Count(s) of conviction.

SUBSTITUTE ASSETS

If any of the property described above, as a result of any act or omission of the

defendants:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
c. has been placed beyond the jurisdiction of the court;
d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be divided
without difficulty,

it is the intent of the United States, pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C.
§ 2461(c), to seek forfeiture of any other property of the defendant up to the value of the

forfeitable property described above.

10

Case 1:25-cr-03855-KWR Document2 _ Filed 09/23/25 Pagei1lofii1

A TRUE BILL:

Isl

FOREPERSON OF THE GRAND JURY

Py ee

Assistant United States Attorney

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