Criminal Complaint — United States v. Devontae Stokes (Mag. No. 21-11258, D.N.J.)

Summary

Criminal complaint in United States v. Devontae Stokes, Mag. No. 21-11258 (AME), in the U.S. District Court for the District of New Jersey, attested by telephone before Magistrate Judge Andre M. Espinosa on September 22, 2021. It charges wire fraud conspiracy under Title 18, United States Code, Section 1349 from about August 2020 through about November 2020. A Department of Labor, Office of Inspector General special agent states that Stokes was an inmate at FCI Fort Dix and that a cellular telephone found in Stokes' possession contained identity documents and messages tied to unemployment insurance claims filed in other people's names with Arizona, Illinois, Indiana and Pennsylvania. The affidavit states that the states paid approximately $30,000, $20,000 and $20,000 on claims made in the names of Victim 1, Victim 2 and Victim 3.

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                           UNITED STATES DISTRICT COURT
                              DISTRICT OF NEW JERSEY


     UNITED STATES OF AMERICA                     HON. ANDRE M. ESPINOSA
              V.                                  Mag. No. 21-11258 (AME)
    DEVONTAE STOKES                               CRIMINAL COMPLAINT


           I, Nicholas Tysk, being duly sworn, state the following is true and correct
    to the best of my knowledge and belief:

                                  SEE ATTACHMENT A

   In violation of Title 18, United States Code, Section 1349.

         I further state that I am a Special Agent with the Department of Labor,
   and that this complaint is based on the following facts:

                                 SEE ATTACHMENT B

   continued on the attached page and made a part hereof.




                                                Nicholas sk, Special Agent
                                                Department of Labor,
                                                Office of Inspector General

  Special Agent Tysk attested to this Complaint by telephone pursuant to FRCP
  4.l(b)(2)(A)

 Sworn to before me and subscribed in my presence,

 September 22, 2021                           at District of New Jersey




 HONORABLE ANDRE M. ESPINOSA
 UNITED STATES MAGISTRATE JUDGE           Signature of
Signed by Special Agent Tysk at Judge Espinosa's direction pursu
F.R.C.P. 4. l(b)(6)(C).
                                ATIACHMENTA

 .    From in or about August 2020 through in or about November 2020, in the
District of New Jersey and elsewhere, defendant

                             DEVONTAE STOKES

knowingly and intentionally conspired with others to devise and intend to devise
a scheme and artifice to defraud companies and individuals, and to obtain money
and property by means of materially false and fraudulent pretenses,
representations, and promises, and, for the purpose of executing and attempting
to execute such scheme and artifice to defraud, did transmit and cause to be
transmitted by means of wire communications in interstate and foreign
commerce, certain writings, signs, signals, pictures, and sounds, including a
wire communication from a location in New Jersey to a location outside of New
Jersey, contrary to Title 18, United States Code, Section 1343.

      In violation of Title 18, United States Code, Section 1349.
                                ATIACHMENT B

       I, Nicholas Tysk, am a Special Agent with the Department of Labor, Office
of Inspector General ("DOL''). I am familiar with the facts set forth herein based
on my own investigation, my conversations with other law enforcement officers,
and my review of reports, documents, and other evidence. Because this
Complaint is being submitted for a limited purpose, I have not set forth each
and every fact that I know concerning this investigation. Where statements of
others are related herein, they are related in substance and in part unless
otherwise indicated. Where I assert that an event took place on a particular
date, I am asserting that it took place on or about the date alleged.

Background

      1.    At various times relevant to this Complaint:

           a . Defendant Devontae Stokes ("STOKES") was an inmate at a FCI
               Fort Dix, a federal correctional institutional with an adjacent
               satellite camp located in Fort Dix, New Jersey.

           b. On or about March 27, 2020, the Coronavirus Aid, Relief, and
              Economic Security Act (the "CARES Act') was signed into law. The
              CARES Act created a new temporary federal unemployment
              insurance program called Pandemic Unemployment Assistance
              ("PUA"). PUA provided unemployment insurance benefits ("UIBs")
              for individuals who were not eligible for other types of
              unemployment (e.g., the self-employed, independent contractors,
              gig economy workers). The CARES Act also created a new
              temporary federal program called Federal Pandemic
              Unemployment Assistance ("FPUC") that provided an additional
              weekly benefit to those eligible for PUA and regular UIBs.

           c. Subject to certain eligibility requirements, a person who was
              unemployed, but who used to be employed by an employer in a
              given state could apply to receive UlBs from that state.

Fraudulent UIB Claim One

      2.    On or about October 6, 2020, a claim for UIBs was made in the
name of an individual ("Victim 1") to the State of Arizona.
On or about November 12, 2020, a claim for UIBs also was made in Victim 1's
name to the State of Illinois.
     3.    Victim 1 has stated, in substance and in part, that Victim 1 did
not make or authorize either of the above UIB claims.

      4. . In total, the States of Arizona and Illinois paid out approximately
$ 30,000 m response to these UIB claims.

       5.     On a cellular telephone found in STOKES' possession while he was
an inmate at FCI Fort Dix (the "Phone; were, among other things, the
following: (a) an lliinois driver's license in Victim l's name, but with a picture of
an individual other than Victim 1 and an address ("Address 1") the
investigation has tied to one of STOKES' associates ("Associate 1"); (b) a social
security card in Victim 1 's name; and (c) a screenshot that includes Victim 1's
name, date of birth, social security number.

       6.    In addition, the Phone contained a text message from Associate 1
that included an image of an envelope from a bank (the "Bank") that issued
debit cards containing UIBs on behalf of Illinois that was addressed to Victim 1
at Address 1.

Fraudulent UIB Claim Two

       7.    On or about November 4, 2020, a claim for UIBs was made in the
name of an individual ("Victim 2") to the State of Illinois. The investigation has
also revealed that claims in Victim 2's name were made to the State of Indiana
and State of Pennsylvania.

     8.    Victim 2 has stated, in substance and in part, that Victim 2 did
not make or authorize any of the above claims.

     9.     In total, the State of Illinois paid out approximately $20,000 in
response to the above UIB claim. The States of Indiana and Pennsylvania,
though, did not provide funds in response to the submissions.

      10. The State of Illinois records demonstrate that the funds issued in
response to this claim were mailed to an address ("Address 2") associated with
another one of STOKES' associates ("Associate 2").

        11 . On the Phone, among other documents, were: (a) an Illinois driver's
license in Victim 2 's name, but with a picture of an individual other than
Victim 2, and Address 2; (b) a social security card in Victim 2's name; and (c) a
search result with the name, addresses, and telephone numbers for Victim 2;
(d) a text message sent on or about November 6, 2020, from STOKES to an
associate ("Associate 3j asking Associate 3 to put Victim 2 's last name "on the
mailbox"; and (e) a letter and online communications concerning the filing of
the Illinois claim in Victim 2 's name.
       12. The Phone also contained an image reflecting the submission of a
 UIB application in Victim 2's name to the State of Indiana. The investigation
 further revealed the submission of the UIB application in Victim 2's name to
 the State of Pennsylvania, an application that listed an email address
 subscribed to by Associate 3.

 Fraudulent UIB Claim 3

       13. On or about August 26, 2020, a claim for UIBs was made in the
 name of an individual ('"Victim 3") to the State of Indiana. On or about July 26,
 2020, a claim for UIBs in Victim 3's name was made to the State of Arizona.

      14. Victim 3 has stated, in substance and in part, that Victim 3 did
 not make or authorize either of the above claims.

      15. In total, the State of Indiana paid out approximately $20,000 in
response to these claims. The State of Arizona did not provide funds in
response to the submission.

       16. Records obtained during the investigation reflect that: (a) the State
of Indiana paid the approximately $20,000 to a bank account; (b) the primary
address for the bank account is Address 2; and (c) the name on the bank
account is "Devontae J. Stokes".

       1 7. On the Phone were: (a) a text message from STOKES to another
individual containing Victim 3 's name, social security number, and date of
birth; (b) a text message to STOKES that attached images of the front and back
of a back of the debit card issued in response to the UIB claim to the State of
Indiana that had Victim 3 's name on the card.


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