Full text
AO 91 (Rev. 11/11) Criminal Complaint
UNITED STATES DISTRICT COURT
for the
__________ District of __________
United States of America
)
)
)
)
)
)
)
v.
Case No.
Defendant(s)
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
in the county of
in the
District of
, the defendant(s) violated:
Code Section
Offense Description
This criminal complaint is based on these facts:
u Continued on the attached sheet.
Complainant’s signature
Printed name and title
Judge’s signature
Printed name and title
$SSURYHGDVWRIRUPBBBBBBBBBBBBBBB
$86$BBBBBBBBBB
Sworn to before me E\WHOHSKRQH.
Date:
City and state:
Alexis James
Alexis James
Amber Potts
Northern District of California
Kristina Lansang Gloria
On or about the date(s) of
August17,202
Alameda
Northern
California
18 U.S.C. § 1343
Wire Fraud
Maximum twenty years’ imprisonment (18 U.S.C. § 1343); $250,000 fine (18
U.S.C. § 3571); maximum term of supervised release: 3 years (Class C
felony – 18 U.S.C. § 3583); $100 special assessment (18 U.S.C. § 3013).
See attached Affidavit of Agent Amber Potts
✔
/s/
Special Agent Amber Potts, DOL-OIG
Oakland, CA
Honorable Donna M. Ryu, Magistrate Judge
-XO\
PM0$*
-ARK""USBY
Jul 20 2022
CRIMINAL COMPLAINT
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AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR A CRIMINAL COMPLAINT
AND ARREST WARRANTS
I, Amber J. Potts, Special Agent of the United States Department of Labor, Office of
Inspector General, being duly sworn, depose and hereby declare the following:
INTRODUCTION
1.
I submit this affidavit in support of an application under Rule 4 of the Federal
Rules of Criminal Procedure for a criminal complaint and arrest warrant authorizing the arrest of
Kristina Lansang GLORIA and Mark Allan Rivera SAGALA for committing wire fraud, in
violation of 18 U.S.C. § 1343, on August 17, 2020, in the Northern District of California.
SOURCES OF INFORMATION
2.
This affidavit is submitted for the limited purpose of securing a criminal
complaint and two arrest warrants. I have not included every fact known to me concerning this
investigation. Instead, I have set forth only the facts necessary to establish probable cause that
violations of the federal laws identified above have occurred.
3.
I have based my statements in this affidavit on my training and experience,
personal knowledge of the facts and circumstances obtained through my participation in this
investigation, information provided by victims, information provided by other agents and law
enforcement officers, and information provided by records and databases. Unless specifically
indicated otherwise, all conversations and statements described in this affidavit are related in
substance and in part only.
AFFIANT BACKGROUND
4.
I am a Special Agent (“SA”) with the United States Department of Labor
(“DOL”), Office of Inspector General (“OIG”), Office of Investigations-Labor Racketeering &
Fraud in San Francisco, California, and have been so employed since January 4, 2021.
5.
In May 2009, I earned a Juris Doctorate from the University of Cincinnati College
of Law. On November 9, 2009, I was admitted to practice law in the State of Ohio, inactive
effective December 29, 2020.
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6.
Prior to DOL-OIG, I was an investigator for the DOL, Employee Benefits
Security Administration from June 6, 2010 through January 3, 2021. I am a graduate of the
Federal Law Enforcement Training Center (“FLETC”) in Glynco, Georgia. As part of my
training at FLETC, I successfully completed courses in courtroom and physical evidence, digital
evidence, federal constitutional and criminal law, interviewing techniques, investigative
information sources and financial analysis, and arrest techniques. As a DOL SA, my duties
include investigating fraud, waste, and abuse of various DOL programs. I have participated in
the execution of search and arrest warrants.
7.
I am an “investigative or law enforcement officer of the United States” within the
meaning of Title 18, United States Code, Section 2510(7), that is, an officer of the United States
who is empowered by law to conduct investigations, execute search warrants, and make arrests
for offenses enumerated in Title 18, United States Code, Section 2516, including the
aforementioned offenses.
APPLICABLE STATUTES
8.
Section 1343 of Title 18 of the United States Code provides “[w]hoever, having
devised or intending to devise any scheme or artifice to defraud, or for obtaining money or
property by means of false or fraudulent pretenses, representations, or promises, transmits or
causes to be transmitted by means of wire, radio, or television communication in interstate or
foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing
such scheme or artifice, shall be . . . imprisoned not more than 20 years.”
FACTS SUPPORTING PROBABLE CAUSE
9.
The DOL-OIG, Federal Bureau of Investigation (“FBI”), Newark, California
Police Department (“NPD”), and the California Employment Development Department (EDD)
are conducting a joint investigation of GLORIA and SAGALA, and co-conspirators known and
unknown to investigators. The investigation was initiated after the owner of Postal Annex, a
business located in in Newark, California, alleged that one rented mailbox at their store was
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receiving many pieces of mail from the EDD addressed to different people.
10.
An NPD detective initiated an investigation in or around July 2020, through
which he identified GLORIA as the individual in control of the mailbox. An EDD Investigator
further identified 66 Unemployment Insurance claims associated with this mailbox, 51 of which
were paid in the amount of approximately $502,228.1 A federal investigation showed that from
approximately June 2020 to August 2020 GLORIA and/or SAGALA likely used at least three
other rented mailboxes in the Northern District of California to conduct this scheme, with
hundreds of thousands dollars paid in total on those claims.
A. Background on Unemployment Insurance
11.
Unemployment Insurance (“UI”) is a state-federal program that provides
temporary financial assistance to eligible workers who become unemployed through no fault of
their own. Although state workforce agencies (“SWAs”) administer their respective UI
programs, they must do so in accordance with federal laws and regulations. Each state sets its
own additional requirements for eligibility, benefit amounts, and length of time benefits can be
paid. Generally, UI weekly benefit amounts are based on a percentage of the worker’s earnings
over a base period. In the State of California, EDD administers the UI program.
12.
In 2020, in response to the COVID-19 pandemic, federal and state governments
greatly expanded UI benefits. The federal funds for UI benefits originate from an operating
center in either Dallas, Texas; or East Rutherford, New Jersey. The payment path always
includes routing through one of these two centers for processing. After that, the payment path
then goes to one of the following four different locations, depending on the type of payment
being made, before reaching EDD in California: Atlanta, Georgia; Minneapolis, Minnesota; East
Rutherford, New Jersey; or Dallas, Texas.
13.
In California, a UI claim can be filed online on the EDD website. When an
1 References herein to amounts “paid” on unemployment insurance claims refers to the amounts
transferred from EDD to the Bank of America accounts associated with the relevant claims. In
some instances, it appears that the true owner of a claim was able to obtain control over an EDD
debit card that was originally sent to a mailbox associated with GLORIA and SAGALA.
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individual files a UI claim, the EDD automatically maintains certain information regarding the
filing of the claim. This information includes the date and time the claim was submitted, the
name of the person for whom the claim was filed, and the IP address of the computer, or ISP
account, that was used to file the claim.
14.
UI claimants must answer various questions to establish their eligibility for UI
benefits. Claimants must provide their name, Social Security Number, and mailing address. The
claimants must also identify a qualifying occupational status and/or COVID-19 related reason for
being out of work.
15.
After EDD accepts a UI claim, EDD sends claimant information to Bank of
America. Bank of America’s receives that information through servers located in Santa Clara
County, California. EDD typically deposits UI funds every two weeks to an Electronic Bill
Payment (“EBP”) debit card administered by Bank of America. The funds are loaded onto EBP
debit cards issued by Bank of America through servers located in Virginia and Colorado, which
are managed by Bank of America’s payment processor, Visa Debit Processing Services, Inc.
(“Visa DPS”). Thereafter, the debit cards are mailed via the U.S. Postal Service to UI
beneficiaries through mail processing centers in Texas, Illinois, and Florida to the claimant at the
address they provide in their UI claim with EDD.
16.
Claimants can activate their debit card over the phone or online. To activate a
card, a claimant must create a Bank of America unemployment user profile, which captures
certain data including, but not limited to, the EDD claim number, claimant Social Security
Number, and address where card was mailed. Once activated, all EBP debit card transactions,
regardless of location, are handled through Visa DPS servers in Virginia or Colorado.
17.
When receiving regular UI benefits, claimants must complete a Continued Claim
Form (DE 4581) and certify every two weeks, under penalty of perjury, that they remain
unemployed and eligible to receive UI benefits. EDD authorizes and deposits payment to the
EBP debit card after it receives the Continued Claim Form. On or about April 23, 2020,
California Secretary of Labor Julie Su directed the EDD to temporarily suspend the requirement
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for UI claimants to provide unemployment certifications (Continued Claim Forms) in order to
prevent any unnecessary delays in dispensing benefit payments.
18.
When the EDD needs to verify the identity of the claimant, an “ID Alert” is issued
on a UI claim. When an ID Alert has been issued, the EDD sends the claimant a Request for
Information (Form DE 1326E). The claimant must provide a clear copy of a government-issued
ID and social security verification. Since September 2020, the EDD has outsourced the identity
verification process to a private vendor called ID.me.
19.
The claimant must visit EDD’s website and login to their account. The claimant
is then prompted to login to, or create a new, ID.me account. On the ID.me website, the claimant
must verify their email address, and submit a clear copy of a government-issued ID and social
security verification. The claimant is then prompted to submit a “selfie” of their face. With this
information, the EDD will determine the claimant’s eligibility for UI benefits. The reasons why
the claimant may be ineligible for UI benefits are the following: (a) Claimant did not respond to
the DE 1326E; or (b) Documents provided were not clear enough to make an eligibility
determination; or (c) Documents provided were insufficient and did not prove the claimant’s
identity.
20.
During much of 2020, weekly UI benefits typically ranged from $40 to $450, not
including federal CARES Act funding providing an additional $600 a week. In order to receive
the maximum weekly benefit of $450, a claimant must have earned $11,674.01 or more in the
highest quarter of the claimant’s base employment period.
21.
Based on my training and experience, I know that criminal actors:
a. Defraud the UI program by using stolen personally identifiable information
(“PII”) to file UI claims.
b. Hamper law enforcement’s ability to trace the fraud back to the suspects by:
i. Use addresses other than the suspect’s home address;
ii. Use stolen or fake identities to register mailboxes and cellphones;
and
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iii. Provide the EDD a claimant address on the initial UI claim, but then direct
Bank of America to mail the UI debit card to a different address.
B. Investigation Initiation
22.
On or about July 27, 2020, NPD responded to a call about possible identity theft
at a Postal Annex located at 34972 Newark Blvd, Newark, CA. One of the owners of Postal
Annex told NPD that another individual told the owner that the individual’s EDD debit card was
being mailed to the Postal Annex at 34972 Newark Boulevard, #63, Newark, CA (“Box 63”)
without the individual’s consent. The owner told NPD that he/she noticed that numerous pieces
of EDD mail had been addressed to Box 63 with different recipient names on the envelopes. The
owner provided NPD with a copy of the driver’s license that had been provided to Postal Annex
in connection with the application to rent Box 63, which was in a name referred to herein as ZV.
The Postal Annex application lists the California driver’s license number provided as E1xxxx57,
with an expiration date of April 21, 2023. A copy of the driver’s license provided to Postal
Annex is below:
23.
NPD conducted a California DMV records check on the driver’s license number
provided to Postal Annex. NPD discovered that the name and address on the driver’s license
matched DMV records, but that the date of birth and photo on record with DMV were different
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than what was displayed on the driver’s license. The photo on record with DMV depicts a
woman who appears to be of Middle Eastern descent, in her late 50s, with short hair. The photo
on the driver’s license provided to Postal Annex, however, depicts a woman who appears to be
of Asian descent and significantly younger.
24.
On or about July 29, 2020, NPD detectives conducted covert surveillance at
Postal Annex to locate and identify the suspect. They observed an Asian woman with black hair
(with blonde highlights at the bottom) resembling the woman in the driver’s license photo enter
Postal Annex. After the woman entered the store, one of the detectives received a phone call
from one of the Postal Annex workers, who stated that the suspect was in the store. The
detective then saw the same woman exit Postal Annex, walk to a gray Jeep Commander bearing
California license plate ending in 817 (“the JEEP”), and leave the parking lot. Because the
woman quickly exited the store without collecting the mail, the detective concluded that she
heard the storeowner speaking on the phone.
25.
The detectives ran a records check on the license plate of the JEEP and followed
the JEEP as it exited the area. The records check revealed the JEEP was registered to an address
on Queen Anne Drive in Union City, California to an older family member of GLORIA. The
detectives followed the JEEP to an address on Lisa Drive in Union City, California. Detectives
conducted DMV and public records searches and identified DMV records for GLORIA related
to the Queen Anne Drive address in Union City. GLORIA’s address on file with the DMV was
the address on Lisa Drive in Union City, California. Detectives viewed the DMV photograph on
file for GLORIA and concluded it appeared to depict the same person they saw leave the Postal
Annex and then drive the JEEP.
C. The EDD/Federal Investigation
26.
NPD notified EDD of its investigation, and EDD identified UI claims related to
Box 63 and referred the case to the DOL-OIG. In its investigation, EDD identified
approximately 66 UI claims that were filed between approximately June 2020 and July 2020 that
listed Box 63 as the claimant address. EDD issued payments on approximately 51 of the 66
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claims for a total of $502,228 in UI benefits.
27.
After NPD identified GLORIA at the Postal Annex, the investigation identified
SAGALA as an associate of GLORIA, who also resides at the address on Lisa Drive in Union
City.
28.
EDD selected a sample of claims linked to Box 63 for review and requested Bank
of America transaction records and ATM surveillance footage. All of the UI claims were filed in
the names of individuals other than GLORIA and SAGALA. Bank of America provided ATM
surveillance photos from debit card activity from some of the claims associated with Box 63. I
reviewed the photographs provided, and with the assistance of NPD, I believe that the
photographs depict the GLORIA and/or SAGALA using the debit cards to withdraw funds.
a. Charged Conduct
29.
On or about August 17, 2020, SAGALA used an EDD debit card in the name of
MM to withdraw $1000 from a Bank of America ATM located in the Northern District of
California. A screen capture from the surveillance footage is copied below on the left. The
photograph of SAGALA on record with DMV is copied below on the right:
30.
The Bank of America screen capture appears to show SAGALA using an ATM
on or about August 17, 2020 to withdraw fraudulently obtained UI funds in the name of MM.
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On or about July 15, 2022, federal agents interviewed suspected identity theft victim previously
identified as MM, an older white individual. MM confirmed his/her Social Security Number and
date of birth used in the UI claim filed in his/her name. MM said s/he did not file for UI benefits
and never received any mail from EDD for UI benefits. MM did not share his/her personal
identifying information with anyone to use for UI benefits. Federal agents showed GLORIA’s
and SAGALA’s DMV photograph and MM confirmed that MM did not know or give
permission to either person to file UI benefits or use any debit cards.
31.
Later, on or about August 17, 2020, GLORIA used an EDD debit card in the
name of JO to withdraw $1000 from a Bank of America ATM located in the Northern District of
California. A screen capture from the surveillance footage is copied below on the left. The
photograph of GLORIA on record with DMV is copied below on the right:
32.
The Bank of America screen capture appears to show GLROIA using an ATM
on or about August 17, 2020 to withdraw fraudulently obtained UI funds in the name of JO. On
or about March 20, 2022, federal agents interviewed suspected identity theft victim previously
identified as JO, an older white individual. JO confirmed his/her Social Security Number and
date of birth used in the UI claim filed in his/her name. JO said s/he did not file for UI benefits
and never received any mail from EDD for UI benefits. JO did not share his/her personal
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identifying information with anyone to use for UI benefits. Federal agents showed GLORIA’s
and SAGALA’s DMV photograph and JO confirmed that JO did not know or give permission to
either person to file UI benefits or use any debit cards.
33.
As noted above, UI funds are loaded onto the EDD debit cards issued by Bank of
America and managed by Visa DPS through servers located in Virginia and Colorado. Those
same servers process all EDD debit card transactions. Therefore, the above ATM withdrawals
made in California using EDD debit cards in the names of MM and JO were transmitted via
interstate wire communications.
b. Related Conduct
34.
A review of the records received by EDD appear to show GLORIA and/or
SAGALA using ATMs to withdraw fraudulently obtained UI funds on the following occasions:
Transaction
Date
UI Claimant Name
/ Suspected ID
Theft Victim
Person(s) at ATM
8/12/2020
DC
GLORIA
8/17/2020
MM
GLORIA and
SAGALA
8/17/2020
JO
GLORIA
8/22/2020
JO
GLORIA
8/23/2020
DC
GLORIA
35.
On or about February 10, 2021, DOL-OIG special agents visited the Postal Annex
store in Newark, California and spoke to one of the storeowners. He/She stated that the renter of
Box 63, who based on the above I believe to be GLORIA, had not been seen in the store in
several months. He/She then provided the special agents with a copy of the application to rent
Box 63. The phone number listed on this application was xxx-xxx-7527. Phone number xxx-
xxx-7527 was used as a recovery phone number for a Google email account in the name of
GLORIA. GLORIA used this same Google email account on her own UI claim with EDD.
36.
On or about March 20, 2022, federal and state agents interviewed suspected
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identity theft victim previously identified as ZV, an older Persian individual. ZV’s name and
address were used in connection with the application to rent Box 63 and the subscriber
information for Verizon Wireless phone number xxx-xxx-7527. ZV stated she has no affiliation
with Box 63 or Verizon Wireless phone number xxx-xxx-7527. ZV further stated that she filed a
police report with the Santa Clara County Sheriff’s Office for identity theft because her
information has been used without her consent for department store credit cards, Verizon
Wireless accounts, and T-Mobile accounts.
c. GLORIA and SAGALA’S Arrest in Unrelated Investigation
37.
On or about April 23, 2021, FPD arrested both GLORIA and SAGALA in
connection with an unrelated robbery investigation stemming from a March 11, 2021 robbery of
a 7-Eleven store in Fremont, California. FPD obtained evidence, including surveillance footage,
showing that GLORIA and SAGALA were with a third individual who robbed the 7-Eleven at
gunpoint.
38.
On the day of their arrest, FPD searched their vehicle and found evidence,
including but not limited to the following:
a. Six checks in the names of individuals other than GLORIA and SAGALA;
b. A green file folder containing multiple items with personal identifying
information for several individuals other than GLORIA and SAGALA;
c. Sixty grams of suspected methamphetamine; and
d. Two suspected methamphetamine pipes.
39.
FPD also found a brown purse in the vehicle that GLORIA claimed belonged to
her. FPD found two LG cellphones inside the purse, Subject Device 1, a LG Stylo 6 with IMEI
354525111630164 and Subject Device 2, a LG Stylo 6 with IMEI 354525111664627. The purse
also contained a wallet that had GLORIA’s California driver’s license in it.2 FPD seized a third
device, Subject Device 3, Samsung Galaxy S10e with IMEI 354425101553023 from SAGALA
2 The wallet also contained a driver’s license of another individual.
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during the arrest. 3 Federal agents obtained a search warrant for the devices recovered during this
arrest based on the EDD fraud investigation.
G. Electronic Search Warrant
40.
On or about January 11, 2022, the Honorable Donna M. Ryu, U.S. Magistrate
Judge granted an electronic search warrant for Subject Device 1, Subject Device 2, and Subject
Device 3. Federal agents executed the electronic search warrant on or about January 12, 2022.
Pursuant to the search warrant, federal agents imaged the cell phones and reviewed the electronic
data.
41.
On GLORIA’s cellphones, federal agents discovered evidence of identity theft,
UI fraud, and other criminal activity. GLORIA’s cellphone also contained text conversations
discussing Bitcoin, a cryptocurrency, with at least two individuals where one of the text
conversations also mentions identity theft and a dark web website that specializes in selling
stolen payment card information.
42.
Federal agents discovered numerous images of the following in the names of
individuals other than the GLORIA and SAGALA on GLORIA’s cellphones:
a. Personal identifying information handwritten in a notebook;
b. EDD’s Benefit Programs Online Account profiles;
c. Alaska, Colorado, Delaware, Maryland, Michigan, and Texas UI mail and
online account profiles;
d. EDD mail addressed to Box 400105; and
e. EDD debit cards.
43.
Specifically related to UI fraud, federal agents discovered the following on
3 The FPD police report for the April 23, 2021 arrest of the GLORIA and SAGALA incorrectly
described the two cell phones seized from GLORIA’s purse as iPhones. FPD later determined
during the course of the investigation that Subject Device 1 and 2 were LG cell phones and not
iPhones as described in the police report. The FPD police report also does not mention that
SAGALA’s cell phone was seized and where his cell phone was located when it was seized.
However, during the EDD/Federal Investigation, FPD confirmed Subject Device 1, 2, and 3 were
seized as a result of the April 23, 2021 arrest of GLORIA and SAGALA.
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GLORIA’s cell phones:
a. Emails from EDD and ID.me addressed to individuals other than GLORIA
and SAGALA.
b. A picture of identity theft victim ZV’s personal identifying information
handwritten in a notebook.
c. The below California driver’s license in the name of identity theft victim ZV,
with ZV’s address, and photo of an Asian female matching the description of
GLORIA. The driver’s license number and expiration date in the below
image match the California driver’s license number E1xxxx57 and expiration
date of April 21, 2023 written on the Postal annex application for Box 63.
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d. The below image of handwritten notes containing personal identifying
information of identity theft victim DC, referenced in paragraph 34 used to
file the EDD UI claim in the name of DC.
e. The below image of handwritten notes containing personal identifying
information of identity theft victim MM, referenced in paragraphs 29 and 30,
used to file the EDD UI claim in the name of MM.
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f. The below image of handwritten notes containing personal identifying
information of identity theft victim JO, referenced in paragraphs 31 and 32,
used to file the EDD UI claim in the name of JO. The notes include “pets
name: Lassie.” The Bank of America Security Question and Security Answer
for the Bank of America EDD Debit Card in the name of JO is “What is your
pet’s name?” and “Lassie.”
44.
On SAGALA’s phone, federal agents found evidence of identity theft,
unemployment insurance fraud, and other criminal activity including the following:
a. Images of typed names, credit card numbers, three-digit card security code
(also known as card verification value), expiration dates, and zip codes of
individuals other than GLORIA and SAGALA;
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b. A text conversation between SAGALA and an individual identified in his
phone as “Jo” where SAGALA provided “Jo” with two EDD Bank of
America debit card numbers:
c. An image of mail from the Alaska Department of Labor and Workforce
Development UI Support Unit addressed to GLORIA at their shared
residence on Lisa Drive in Union City, California.
REQUEST TO SEAL
45.
I further request that the Court order that all papers in support of this application,
including the affidavit and arrest warrant, be sealed until further order of the Court. These
documents discuss an ongoing criminal investigation that is neither public nor known to all of
the targets of the investigation. Premature disclosure of the contents of this affidavit and related
documents may have a significant and negative impact on the continuing investigation and may
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severely jeopardize its effectiveness.
46.
Accordingly, there is good cause to seal these documents because their premature
disclosure may give subjects an opportunity to flee from prosecution, destroy or tamper with
evidence, change patterns of behavior, notify confederates, or otherwise seriously jeopardize the
investigation.
CONCLUSION
47.
Based on the information set forth above, I submit that there is probable cause to
believe that Kristina Lansang GLORIA and Mark Allan Rivera SAGALA, each committed wire
fraud, in violation of 18 U.S.C. § 1343, in the Northern District of California on or about August
17, 2020.
48.
Based on my information and belief, I declare under penalty of perjury that all the
statements in this affidavit are true and correct.
/s/ Amber J. Pott
Amber J. Potts
Special Agent
U.S. Department of Labor
Sworn to before me over the telephone and signed by me pursuant to Fed.R.Crim.P. 4.1 and 4(d)
on this 20th day of July 2022. This application and warrant are to be filed under seal.
_________________________________________
HONORABLE DONNA M. RYU
United States Magistrate Judge
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