Criminal Complaint — United States v. Rapheal Jarrell Smiley (No. 2:21-mj-30462, E.D. Mich.)

Summary

A criminal complaint (AO 91) filed September 28, 2021 in United States v. Rapheal Jarrell Smiley, Case 2:21-mj-30462, in the U.S. District Court for the Eastern District of Michigan, charging fraud involving agency seals under 18 USC 506(a)(3), identity document fraud under 18 USC 1028(a)(6) and trafficking in counterfeit goods under 18 USC 2320(a)(1) for August 3, 2021 to September 2, 2021. The affidavit of Homeland Security Investigations Special Agent Bryan V. Randall alleges that Smiley imported counterfeit CDC COVID-19 vaccination record cards from China to sell. It states that CBP officers in Memphis found 52 fraudulent cards bearing an unauthorized copy of the CDC seal in a parcel addressed to Smiley. After a controlled delivery on September 2, 2021, agents seized 48 additional counterfeit cards and phones, and the affidavit quotes social media posts offering cards.

Summary drafted by a model from the text of the original file linked on this page 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

Cite this document

“Criminal Complaint — United States v. Rapheal Jarrell Smiley (No. 2:21-mj-30462, E.D. Mich.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/complaint-no-2-21-mj-30462-dkt-1-e-d-mich-bfcfc071ba/, SHA-256 4f79cc7ef3ef86677ac0fc014db29c9a8eceb3b93cbafa5b241b763edc7c92ec.

Full text

Case 2:21-mj-30462-DUTY ECF No. 1, PageID.1 Filed 09/28/21 Page 1 of 10

Case: 2:21−mj−30462
Assigned To : Unassigned
Assign. Date : 9/28/2021
Description: CMP USA v. SEALED
MATTER (SO)

September 28, 2021
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.2 Filed 09/28/21 Page 2 of 10

AFFIDAVIT IN SUPPORT OF
CRIMINAL COMPLAINT AND ARREST WARRANT

I, Bryan V. Randall, Special Agent, being duly sworn, hereby affirm the following facts as

being true to the best of my knowledge, information, and belief:

1. I have been a Special Agent with the United States Department of Homeland

Security, Immigration and Customs Enforcement, Homeland Security Investigations sinceAugust

16, 2009. I am a graduate of the Criminal Investigator Training Program and the Immigration

and Customs Enforcement Special Agent Training Program at the Federal Law Enforcement

Training Center (FLETC) in Glynco, Georgia. As part of my daily duties as an ICE agent, I

investigate criminal violations relating to Narcotics Trafficking, Bulk Cash Smuggling, Wire

Fraud, the Dark Web, Cryptocurrency and Financial Investigations.

6. This affidavit is provided in support of an application for a criminal complaint

and arrest warrant charging RAPHEAL JARRELL SMILEY with conducting an ongoing

scheme to import and sell or otherwise distribute fraudulent COVID-19 Vaccination Record Cards

into the United States, in violation of Title 18, United States Code, Section 506(a)(3); Title 18,

United States Code, Section 1028(a)(6); and Title 18, United States Code, Section 2320(a)(1).

7. Title 18, United States Code, Section 506(a)(3) prohibits any person from “with

fraudulent intent, possess[ing], sell[ing], offer[ing] for sale, furnish[ing], offer[ing] to furnish,

giv[ing] away, offer[ing] to give away, transport[ing], offer[ing] to transport, import[ing], or

offer[ing] to import any such seal or facsimile thereof, knowing the same tohave been so falsely

made, forged, counterfeited, mutilated, or altered.”

6. Title 18, United States Code, Section 1028(a)(6) prohibits the knowing

“possess[ion of] an identification document or authentication feature that is or appears tobe an

1
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.3 Filed 09/28/21 Page 3 of 10

identification document or authentication feature of the United States or a sponsoring entity of an

event designated as a special event of national significance which is stolen or produced without

lawful authority knowing that such document or feature was stolen or produced without such

authority.”

2. Title 18, United States Code, Section 2320(a)(1) prohibits “trafficking in goods

or services and knowingly us[ing] a counterfeit mark on or in connection with such goods or

services.”

3. This Affidavit is based upon my personal knowledge, experience and training,and

other information developed during the course of this investigation. This Affidavit isalso based

upon information and experience imparted to me by other law enforcement officers. I have not

set forth all the facts known concerning this investigation; rather, I have only included the facts

believed necessary to establish probable cause to charge RAPHEAL JARRELL SMILEY with

the above-mentioned violations.

BACKGROUND

4. Legitimate Covid-19 Vaccination Record Cards are distributed by health care

providers in the United States to patients at the time the patient receives a COVID-19 Vaccine.

These cards are produced at the direction of the United States government, via contract

agreements initiated by the Centers for Disease Control and Prevention (CDC). Legitimate

Covid-19 Vaccination Record Cards can only be obtained via an authorized vaccination

provider.

5. Numerous institutions, including colleges and universities, currently require

individuals to show proof of having received COVID-19 Vaccination prior to receiving services.

See “List: Several Michigan universities, colleges to require COVID-19 vaccination and/or masks”,

2
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.4 Filed 09/28/21 Page 4 of 10

NBC 25 (August 6, 2021) (available at: https://nbc25news.com/features/school/list-several-

michigan-universities-colleges-to-require-covid-19-vaccination).

PROBABLE CAUSE

7. On or about August 8, 2021, Customs and Border Protection (“CBP”) Officers

working at the International FedEx facility at the Memphis, TN International Airport selected a

specific package (the “Subject Parcel”) for examination. The Subject Parcel was selected for

examination based on previous seizures of counterfeit documents shipped by the same

individual.

8. In order to ship a package into the United States, the shipper must include a

manifest, which describes the commodity being shipped. In this case, the manifest for theSubject

Parcel described the contents as “PAPER PAPER CARD.” The Subject Parcel originated in

China. The Subject Parcel was sent from Abby Yang, B2C Hanyuan Cross Border, RM 501, BKL

4, Yan Chuang Jia Da Honghu East Road, Shenzhen, GD, China 518103 and addressed to

Rapheal SMILEY, 20486 Mackay Street, Detroit, MI, 48234. An image of the label of the

Subject Parcel is below:

3
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.5 Filed 09/28/21 Page 5 of 10

9. On or about August 8, 2021, the Subject Parcel was examined by CBP Officers at

the FedEx Memphis, TN International Airport facility. Upon examination, CBP Officers

discovered 52 fraudulent CDC COVID-19 Vaccination Record Cards. The cards were

determined to be fraudulent by CBP Officers because the importer was not the CDC or a medical

entity.

10. Further, the shipper (Abby Yang, B2C Hanyuan Cross Border, RM 501, BKL 4,

Yan Chuang Jia Da Honghu East Road, Shenzhen, GD, China 518103) has been previously

identified by law enforcement as sending counterfeit Covid-19 Vaccination Record Cards into

the United States.

11. An image of the front and back of the fraudulent COVID-19 Vaccination Cards is

below:

12. The fraudulent COVID-19 Vaccination Record Cards bear, in their upper right-

hand corner, an unauthorized copy of the seal of the CDC.

13. The Subject Parcel was addressed to Rapheal SMILEY, 20486 Mackay Street,

Detroit, MI, 48234. Research in open source and commercial databases, as well as in law

enforcement databases, revealed that an individual named Rapheal SMILEY resides at 20486

4
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.6 Filed 09/28/21 Page 6 of 10

Mackay Street, Detroit, MI, 48234. Further, the Subject Premises is the address listed on

SMILEY’s Michigan driver’s license.

14. On August 30, 2021, research showed that a person using the screenname

“Detroit’s Own Rapheal Smiley” on Facebook had posted images of COVID-19 vaccine

requirement announcements. One announcement read: “Breaking: New York City Bars,

Restaurants, Nightclubs And Gyms Will Start Requiring Proof Of Vaccination.” The other

announcement read: “Wayne State University to Require COVID Vaccine For Students, Staff.”

“Detroit’s Own Rapheal Smiley” wrote “Hit Me Up” as the caption for both posts.

15. Images of the two posts are below:

16. On August 30, 2021, it was discovered that a person using the Instagram account

name “ralphie_imagined,” with a profile picture that resembles the driver’s license photo of

SMILEY, posted an image of what is suspected to be a counterfeit COVID-19 Vaccination

Record Card. The caption for the photo, written by “ralphie_imagined” stated “GOING FAST

FEW LEFT…”

5
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.7 Filed 09/28/21 Page 7 of 10

17. An image of the post is below:

18. Additionally, a review of DHS records revealed that Rapheal SMILEY was also the

consignee on another recent, international package from China. This second package to Smiley

arrived from China on August 22, 2021. This second package was sent from a different shipper

and the contents were described as “Packaging Bag”; however, both the identity of this second

shipper and the package description are identical to that of two other packages that have been

searched by CBP officers (in connection with other investigations outside this district), both of

which were found to contain counterfeit COVID-19 Vaccination Record Cards.

19. On September 2, 2021, a controlled delivery of a representative sample of the 52

cards seized in Memphis was conducted. Subsequent to the controlled delivery a search warrant

was executed, and agents seized the representative sample of the counterfeit COVID-19 vaccine

6
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.8 Filed 09/28/21 Page 8 of 10

cards, a Motorola Moto e3 Play, an Apple iPhone XR, 48 additional Counterfeit COVID-19

vaccine cards, 2 additional Apple iPhones, a UMX cellphone, shipping packaging, a gateway

computer tower, and various items of mail consistent with SMILEY’s occupancy of the

residence.

20. Review of the seized devices remains ongoing; however, an initial review of the

Apple iPhone XR has shown several artifacts corroborating the social media information

identified earlier in the investigation, including a “Facebook Story” post on August 30, 2021, by

“Detroit’s Own Rapheal Smiley” with the text “GOING FAST FEW LEFT” (which law

enforcement previously identified as being posted to Smiley’s Instagram account on the same

date). A User Account listed on the phone also matches the previously identified Instagram

account “ralphie_imagined”.

21. Web results from the Apple iPhone XR also showed that on August 3, 2021, the

device visited the website from which the Subject Parcel (the recently-seized package of Covid-

19 Vaccination Record cards) is believed to have been ordered.

22. The Apple iPhone XR also contained the following text message exchange, from

August 5, 2021, between SMILEY’s device and a number presently unknown to law

enforcement.

[Unknown]: Gotta try to get the Stamps or labels

SMILEY: Naw you don't need them they come both ways you can
write on them or the stamp is a new way
SMILEY: Either way they work
SMILEY: Trust me I know my moms got patients

[Unknown]: Well that's the official one from my mom but I feel yu
[Unknown]: Yu got them na

SMILEY: Yeah my moms got these

7
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.9 Filed 09/28/21 Page 9 of 10

SMILEY: And my step moms

[Unknown]: Ok bet
[Unknown]: Imma come get one

SMILEY: Ok bet

[Unknown]: From where what hospital?

SMILEY: They ain't come from The hospital they just got the
written on cards
SMILEY: The ones I got

[Unknown]: Ok

SMILEY: They doing both ways
SMILEY: Lol my moms Went to cvs

[Unknown]: Wow lol

SMILEY: Nigga I went to get some Milk for cereal last week they
was at the grocery store giving out the shot

[Unknown]: Damn thats crazy

SMILEY: Yea it is I'm just like ok cool

23. Likewise, an initial review of the Motorola Moto e3 Play device revealed

two .jpg image files matching the two pictures posted to Detroit’s Own Rapheal Smiley

Facebook page on August 3, 2021 and August 4, 2021.

CONCLUSION

24. Based upon my training and experience and the facts stated herein, your Affiant

respectfully submits that there is probable cause to believe that RAPHEAL JARRELL SMILEY

has violated Title 18, United States Code, Section 506(a)(3) (Fraud Involving Department or

Agency Seals); Title 18, United States Code, Section 1028(a)(6) (Identity Document Fraud); and

Title 18, United States Code, Section 2320(a)(1) (Trafficking in Counterfeit Goods), by

conducting an ongoing scheme to import and sell or otherwise distribute fraudulent Covid-19

8
Case 2:21-mj-30462-DUTY ECF No. 1, PageID.10 Filed 09/28/21 Page 10 of 10

File and source

File: 1-complaint.pdf
Size: 1,722,232 bytes
SHA-256: 4f79cc7ef3ef86677ac0fc014db29c9a8eceb3b93cbafa5b241b763edc7c92ec
Our copy: 1-complaint.pdf
Original: archive.org