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Superseding Indictment — United States v. Keon Ball and Robert Hopkins IV (D. Md., Dkt. 5, March 4, 2021)

Summary

A Superseding Indictment, Document 5, filed 03/04/21 in Case 1:20-cr-00248-DKC, Criminal No. DKC-20-0248, United States of America v. Keon Ball and Robert Hopkins IV, in the United States District Court for the District of Maryland, Greenbelt. Count One charges wire fraud conspiracy, alleging that from in or about May 2018 until in or about October 2019 the defendants used other people's identity information to open Lowe's credit accounts and to obtain loans for construction equipment. It alleges that they obtained more than $250,000 in merchandise on credit and more than $225,000 of heavy construction equipment, using counterfeit driver's licenses. The indictment also lists wire fraud, aggravated identity theft and firearm counts and forfeiture.

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Cite this document

“Superseding Indictment — United States v. Keon Ball and Robert Hopkins IV (D. Md., Dkt. 5, March 4, 2021).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cr-00248-dkt-5-d-md-31900ea59e/, SHA-256 1050eaf16d05dacfbd945d123e194ddff1828069204ab96ae2dd474119295a59.

Full text

            Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 1 of 23FILED
                                                                                                           U.S. DISTRICT COURT
 PAR: 2020R00429                                                                                           DISTRICT OF MARYLAND
                       IN THE UNITED STATES DISTRICT COURT                         FILED
                                                                                   U.S. DISTRICT COURT
                                                                                   DISTRICT OF MARYLAND

                                                                                   CLERK’S OFFICE
                                                                                   AT GREENBELT
                                                                                   BY _YB_, DEPUTY CLERK
                                                                                                            3/4/2021
                          FOR THE DISTRICT OF MARYLAND                                                     CLERK’S OFFICE
                                                                                                           AT GREENBELT
 UNITED STATES OF AMERICA                         *                                                        BY _YB_, DEPUTY CLERK
                                                  *
        v.                                        *   CRIMINAL NO. DKC-20-0248
                                                  *
 KEON BALL and                                    *   (Wire Fraud Conspiracy, 18 U.S.C. §
 ROBERT HOPKINS IV,                               *   1349; Wire Fraud, 18 U.S.C. § 1343;
                                                  *   Aggravated Identity Theft, 18 U.S.C.
        Defendants.                               *   §§ 1028A(a)(1) and (c)(5); Felon in
                                                  *   Possession of A Firearm And
                                                  *   Ammunition, 18 U.S.C. § 922(g)(1);
                                                  *   Aiding and Abetting, 18 U.S.C. § 2,
                                                  *   Forfeiture, 18 U.S.C. § 924(d)
                                                  *   18 U.S.C. § 982(a)(2)(A)
                                                  *   28 U.S.C. § 2461(c))

                                            *******
                               SUPERSEDING INDICTMENT
                                      COUNT ONE
                                 (Wire Fraud Conspiracy)

       The Grand Jury for the District of Maryland charges that:

       At all times material to the Indictment:

       1.       Defendant KEON BALL was a resident of Baltimore, Maryland.

       2.       Defendant ROBERT HOPKINS IV was a resident of Nottingham, Maryland.

       3.       Lowe’s Home Centers LLC (“Lowe’s”) is a home improvement retailer doing

business throughout the United States.

       4.       Synchrony Bank (“Synchrony”) is a financial institution insured by the Federal

Deposit Insurance Corporation and doing business throughout the United States.

       5.       Lowe’s maintains a program called Lowe’s Account Receivable (“LAR”). LAR

accounts are a commercial line of credit offered to business customers of Lowe’s. LAR accounts

are offered and serviced by Synchrony.

       6.       Lowe’s customers with LAR accounts are able to purchase merchandise from
            Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 2 of 23




Lowe’s using the line of credit from Synchrony associated with each of their LAR accounts.

       7.       Jesco, Inc. (“Jesco”) is a construction equipment retailer doing business throughout

the Eastern part of the United States.

       8.       John Deere Financial Services, Inc. (“John Deere Financial”) is a subsidiary of

Deere & Company, commonly known as John Deere, a company that manufactures, among other

things, agricultural and construction equipment.

       9.       Metro Bobcat, Inc. (“Metro Bobcat”) is a construction equipment dealer located in

White Marsh, Maryland.

       10.      Wells Fargo Bank, N.A. (“Wells Fargo”) is a financial institution insured by the

Federal Deposit Insurance Corporation and doing business throughout the United States.

                          The Conspiracy and the Scheme to Defraud

       11.      Beginning in or about May 2018 and continuing until in or about October 2019, in

the District of Maryland and elsewhere, the defendants,

                                      KEON BALL and
                                    ROBERT HOPKINS IV,

knowingly and willfully, conspired and agreed together and with others known and unknown to

the Grand Jury to commit any offense under chapter 63 of Title 18, United States Code, namely,

to knowingly and willfully devise and intend to devise a scheme and artifice to defraud businesses,

including Lowe’s, Synchrony, Jesco, John Deere Financial, Metro Bobcat, and Wells Fargo, and

to obtain and attempt 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 the scheme to defraud, did knowingly and willfully transmit and cause to be transmitted




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by means of wire communications, in interstate and foreign commerce, writings, signs, signals,

pictures, and sounds, in violation of 18 U.S.C. § 1343.

                       Object of the Conspiracy and Scheme to Defraud

        12.     It was the object of the conspiracy and scheme to defraud that the defendant

KEON BALL used the means of identification of various victims to open LAR accounts that were

then used by defendants KEON BALL and ROBERT HOPKINS IV to obtain more than

$250,000 worth of merchandise on credit for their own personal use and benefit, and for the

personal benefit and use of their associates.

        13.    It was a further object of the conspiracy and scheme to defraud that defendants

KEON BALL and ROBERT HOPKINS IV used the means of identification of victim “D.B.” to

obtain more than $225,000 of heavy construction equipment from Jesco and Metro Bobcat by

means of loans from John Deere Financial and Wells Fargo for their own personal use and benefit,

and for the personal benefit and use of their associates.

                Manner and Means of the Conspiracy and Scheme to Defraud

        14.    It was part of the conspiracy and scheme to defraud that on or about May 4, 2018,

the defendant KEON BALL, alone or in concert with others, submitted a false and fraudulent

application for a Lowe’s LAR account from Synchrony, using the name and identity information

of “JS” including the exact date of “JS’s” birthdate in year 1953 and “JS’s” social security number

ending in 9377. Synchrony approved the application and established an LAR account ending in

6839.

        15.    It was further part of the conspiracy and scheme to defraud that on or about August

25, 2018, the defendant KEON BALL, alone or in concert with others, submitted a false and

fraudulent application for a Lowe’s LAR account from Synchrony, using the name and identity

                                                  3
         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 4 of 23




information “JL” including the exact date of “JL’s” birthdate in year 1976 and “JL’s” social

security number ending in 7354. Synchrony approved the application and established an LAR

account ending in 6498.

       16.     It was further part of the conspiracy and scheme to defraud that on or about

September 20, 2018, the defendant KEON BALL, alone or in concert with others, submitted a

false and fraudulent application for a Lowe’s LAR account from Synchrony, using the name and

identity information “RB” including the exact date of “RB’s” birthdate in year 1977 and “RB’s”

social security number ending in 6048. Synchrony approved the application and established a

LAR account ending in 7576.

       17.     It was further part of the conspiracy and scheme to defraud that on or about October

14, 2018, the defendant KEON BALL, alone or in concert with others, submitted a false and

fraudulent application for a Lowe’s LAR account from Synchrony, using the name and identity

information “JE” including the exact date of “JE’s” birthdate in year 1980 and “JE’s” social

security number ending in 1345. Synchrony approved the application and established a LAR

account ending in 8690.

       18.     It was further part of the conspiracy and scheme to defraud that in or about 2018,

KEON BALL, obtained a counterfeit South Carolina Driver’s License bearing the name of “JL”

and the photograph of the defendant, KEON BALL, the year of birth of 1976, and the license

number ending in 2065.

       19.     It was further part of the conspiracy and scheme to defraud that in or about May

2018, through in or about October 2018, the defendant KEON BALL purchased merchandise

from Lowe’s locations in the District of Maryland using lines of credit from the LAR accounts he

fraudulently established in the names of “JS,” “JL,” “RB,” and “JE,” resulting in interstate wires,

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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 5 of 23




including wires to and from Maryland.

       20.     It was further part of the conspiracy and scheme to defraud that on or about

September 21, 2018, the defendant ROBERT HOPKINS IV purchased merchandise from a

Lowe’s location in the District of Maryland using a line of credit from the LAR account

fraudulently established in the name of “RB,” resulting in interstate wires, including wires to and

from Maryland.

       21.     It was a further object of the conspiracy and scheme to defraud that, as of October

2018, the defendant KEON BALL, alone or in concert with others, incurred or caused to be

incurred $47,898.12 in purchases on the LAR account he fraudulently established in the name of

“JS,” resulting in interstate wires, including wires to and from Maryland.

       22.     It was further part of the conspiracy and scheme to defraud that, as of October 2018,

the defendant KEON BALL, alone or in concert with others, incurred or caused to be incurred

$105,442.59 in purchases on the LAR account he fraudulently established in the name of “JL,”

resulting in interstate wires, including wires to and from Maryland.

       23.     It was further part of the conspiracy and scheme to defraud that, as of October 2018,

the defendant KEON BALL, alone or in concert with others, incurred or caused to be incurred

$27,649.18 in purchases on the LAR account he fraudulently established in the name of “JE,”

resulting in interstate wires, including wires to and from Maryland.

       24.     It was further part of the conspiracy and scheme to defraud that, as of October 2018,

the defendants KEON BALL and ROBERT HOPKINS IV, alone or in concert with others,

incurred or caused to be incurred $72,493.00 in purchases on the LAR account BALL fraudulently

established in the name of “RB,” resulting in interstate wires, including wires to and from

Maryland.

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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 6 of 23




       25.    It was further part of the conspiracy and scheme to defraud that on or about October

16, 2019, the defendant ROBERT HOPKINS IV purchased a compact track loader, SN

1T0325GKEKJ356997, and a compact excavator, SN 1FF035GXJKK286509 from a Jesco

location in the District of Maryland by means of a loan from John Deere Financial in the amount

of $128,518.56 fraudulently obtained using the name of “DB,” resulting in interstate wires,

including wires to and from Maryland.

       26.    It was further part of the conspiracy and scheme to defraud that on or about October

29, 2019, the defendant ROBERT HOPKINS IV purchased a mini excavator, SN B3Y112977,

and compact track loader, SN B3NK34304, from Metro Bobcat in the District of Maryland by

means of a loan from Wells Fargo in the amount of $102,155.00 fraudulently obtained using the

name of “DB,” resulting in interstate wires, including wires to and from Maryland.

       27.    It was further part of the conspiracy and scheme to defraud that in or about October

2019, the defendant ROBERT HOPKINS IV used a counterfeit Florida Driver’s License bearing

the name of “DB” and the photograph of the defendant, ROBERT HOPKINS IV, the year of

birth of 1977, and the license number ending in 1350 in connection with the purchases from Jesco

and Metro Bobcat.

       28.    It was further part of the conspiracy and scheme to defraud that on or about October

16, 2019, the defendant ROBERT HOPKINS IV accepted delivery of the construction equipment

purchased from Jesco at 2020 Mosher Street in Baltimore, Maryland.

       29.    It was further part of the conspiracy and scheme to defraud that on or about October

30, 2019, the defendant ROBERT HOPKINS IV accepted delivery of the construction equipment

purchased from Metro Bobcat at 2020 Mosher Street in Baltimore, Maryland.

       30.    It was further part of the conspiracy and scheme to defraud that the defendants

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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 7 of 23




KEON BALL and ROBERT HOPKINS IV made no legitimate payments to Synchrony in

connection with the LAR accounts BALL fraudulently established in the names of “JS,” “JL,”

“RB,” and “JE,” and each of the LAR accounts have outstanding balances.

       31.    It was further part of the conspiracy and scheme to defraud that the defendants

KEON BALL and ROBERT HOPKINS IV made no payments to John Deere Financial or Wells

Fargo in connection with the purchases of heavy construction equipment from Jesco and Metro

Bobcat that were fraudulently made in the name of “DB.”

18 U.S.C. § 1349




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            Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 8 of 23




                         COUNTS TWO THROUGH TWENTY-ONE
                                   (Wire Fraud)

       The Grand Jury for the District of Maryland further charges that:

       1.       The allegations set forth in Paragraphs 1 through 10 and 12 through 31 of Count

One of the Superseding Indictment are incorporated here.

       2.       On or about the dates listed below, in the District of Maryland, and elsewhere, the

defendant,

                                          KEON BALL,

did knowingly and willfully devise and intend to devise a scheme and artifice to defraud businesses

and individuals, including Lowe’s and Synchrony, to obtain property by means of materially false

and fraudulent pretenses, representations, and promises, and for the purpose of executing and

attempting to execute the scheme to defraud, did knowingly and willfully transmit and cause to be

transmitted by means of wire communications, in interstate and foreign commerce, writings, signs,

signals, pictures, and sounds, in violation of 18 U.S.C. § 1343.

                                        THE CHARGES

       3.       On or about the dates set forth below, in the District of Maryland and elsewhere,

BALL, for the purpose of executing and attempting to execute the scheme and artifice to defraud

described above, did knowingly transmit and cause to be transmitted in interstate commerce by

means of a wire communication, certain signals, signs and sounds: to wit, the following fraudulent

purchases resulting in interstate wires from a location within the District of Maryland to

Synchrony’s servers located outside of the District of Maryland, as set forth below:




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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 9 of 23




 COUNT     DATE           VICTIM NAME        AMOUNT OF FRAUDULENT
                          ASSOCIATED WITH    PURCHASE
                          LAR ACCOUNT
    2      May 9, 2018    JS                 $14,617.02
    3      May 12, 2018   JS                 $ 1,228.74
    4      May 24, 2018   JS                 $5,168.75
    5      May 24, 2018   JS                 $2,819.60
    6      May 24, 2018   JS                 $681.91
    7      May 24, 2018   JS                 $3,979.26
    8      May 24, 2018   JS                 $926.40
    9      August 27,     JL                 $12,545.76
           2018
    10     September 1,   JL                 $1,141.52
           2018
    11     September 1,   JL                 $149.56
           2018
    12     September 2,   JL                 $2,472.72
           2018
    13     September 2,   JL                 $2,559.76
           2018
    14     September 2,   JL                 $6,969.52
           2018
    15     September      RB                 $2109.13
           20, 2018
    16     September      RB                 $8760.59
           20, 2018
    17     September      RB                 $5,189.76
           28, 2018
    18     September      RB                 $12,653.66
           28, 2018
    19     September      RB                 $6,024.11
           29, 2018
    20     October 19,    JE                 $5,218.88
           2018
    21     October 19,    JE                 $2,592.45
           2018

18 U.S.C. § 1343
18 U.S.C. § 2




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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 10 of 23




                                   COUNT TWENTY-TWO
                                       (Wire Fraud)

       The Grand Jury for the District of Maryland further charges that:

       1.      The allegations set forth in Paragraphs 1 through 10 and 12 through 31 of Count

One of the Superseding Indictment are incorporated here.

       2.      On or about the date listed below, in the District of Maryland, and elsewhere, the

defendant,

                                    ROBERT HOPKINS IV,

did knowingly and willfully devise and intend to devise a scheme and artifice to defraud businesses

and individuals, including Lowe’s and Synchrony, to obtain property by means of materially false

and fraudulent pretenses, representations, and promises, and for the purpose of executing and

attempting to execute the scheme to defraud, did knowingly and willfully transmit and cause to be

transmitted by means of wire communications, in interstate and foreign commerce, writings, signs,

signals, pictures, and sounds, in violation of 18 U.S.C. § 1343.

                                         THE CHARGE

       3.      On or about the date set forth below, in the District of Maryland and elsewhere,

HOPKINS, for the purpose of executing and attempting to execute the scheme and artifice to

defraud described above, did knowingly transmit and cause to be transmitted in interstate

commerce by means of a wire communication, certain signals, signs and sounds: to wit, the

following fraudulent purchase resulting in an interstate wire from a location within the District of

Maryland to Synchrony’s servers located outside of the District of Maryland, as set forth below:




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 COUNT      DATE        VICTIM NAME     AMOUNT OF FRAUDULENT
                        ASSOCIATED WITH PURCHASE
                        LAR ACCOUNT
    22      September   RB              $7,432.21
            21, 2018

18 U.S.C. § 1343
18 U.S.C. § 2




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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 12 of 23




                                   COUNT TWENTY-THREE
                                   (Aggravated Identity Theft)

       The Grand Jury for the District of Maryland further charges that:

       1.     The allegations set forth in Paragraphs 1 through 10 and 12 through 31 of Count

One of the Superseding Indictment are incorporated here.

       2.     From in or about May 2018 and continuing until in or about October 2019, in the

District of Maryland and elsewhere, the defendants,

                                      KEON BALL and
                                    ROBERT HOPKINS IV,

did, during and in relation to a felony violation enumerated in 18 U.S.C. ' 1028A(c), knowingly

transfer, possess and use, without lawful authority, a means of identification of another person,

knowing that the means of identification belonged to another person, to wit: the defendants used

the means of identification of various individuals, “JS,” “JL,” “RB,” and “JE,” during and in

relation to conspiracy to commit wire fraud under 18 U.S.C § 1349, as set forth in Count One of

the Superseding Indictment.

18 U.S.C. §§ 1028A(a)(1), (c)(5)
18 U.S.C. § 2




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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 13 of 23




                                 COUNT TWENTY-FOUR
                     (Felon in Possession of a Firearm and Ammunition)

       The Grand Jury for the District of Maryland further charges that:

       On or about February 5, 2019, in the District of Maryland and elsewhere, the defendant,

                                         KEON BALL,

possessed in and affecting commerce a firearm and ammunition, that is, a Colt .38 caliber revolver,

bearing serial number 927486 and ammunition, having previously been convicted of a crime

punishable by imprisonment for a term exceeding one year, and did so knowingly.

18 U.S.C. § 922(g)




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                  COUNT TWENTY-FIVE THROUGH TWENTY-EIGHT
                                 (Wire Fraud)

       The Grand Jury for the District of Maryland further charges that:

                                      General Allegations

       1.          The allegation set forth in Paragraph 1 of Count One of the Superseding

Indictment is incorporated here.

       2.      The United States Small Business Administration (“SBA”) is an executive-branch

agency of the United States government that provides support to entrepreneurs and small

businesses. The mission of the SBA is to maintain and strengthen the nation’s economy by

enabling the establishment and viability of small businesses and by assisting in the economic

recovery of communities after disasters.

       3.      As part of this effort, the SBA enables and provides for loans through banks, credit

unions and other lenders. These loans have government-backed guarantees. In addition to

traditional SBA funding programs, the CARES Act, which was signed into law in March 2020,

established several new temporary programs and provided for the expansion of others to address

the COVID-19 outbreak.

       4.      One of these new programs is the SBA Paycheck Protection Program (“PPP”),

which is a loan designed to provide a direct incentive for small businesses to keep their workers

on the payroll. Under this program, the SBA will forgive all or part of loans if all employees were

kept on the payroll for eight weeks and borrowers submit documentation confirming that the loan

proceeds were used for payroll, rent, mortgage interest, or utilities. Interested applicants apply

through an existing SBA lender or any other participating federally insured financial institution.

       5.      The PPP application process requires applicants to submit a Borrower Application


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Form through an SBA-approved financial entity. The application contains information as to the

purpose of the loan, average monthly payroll, number of employees and background of the

business and its owner, including questions relating to criminal history. Applicants are also

required to make good faith certifications, including that economic uncertainties have necessitated

their loan requests for continued business operations and that they intend to use loan proceeds only

for the authorized and not any duplicative purposes.

       6.      Question 5 of the PPP Borrower Application Form reads “Is the Applicant (if an

individual) or any individual owning 20% or more of the equity of the Applicant subject to an

indictment, criminal information, arraignment or other means by which formal criminal charges

are brought in any jurisdiction, or presently incarcerated, or on probation or parole?” As such,

applicants with pending criminal charges and/or who are on any form of parole or probation are

ineligible for PPP loans.

                                         PPP Applications

       7.      On or about June 19, 2020, BALL applied for a PPP loan through a financial

institution (“Bank-1”) for a company called Endless Construction LLC. On this application,

BALL claimed that the business had eight (8) employees with an average monthly payroll of

$49,574.00. BALL claimed that the purpose of the loan was for payroll expenses.

       8.      In response to Question 5 of the PPP Borrower Application Form (supra at 6)

BALL checked “NO” for this question, indicating that he was not subject to criminal charges, and

electronically signed his initials, verifying the accuracy of his response.

       9.      In fact, BALL was facing state criminal charges at the time of the application, and

those charges remain pending.

       10.     Question 6 of the PPP Borrower Application asked “Within the last 5 years, for any

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felony involving fraud, bribery, embezzlement, or a false statement in a loan application or an

application for federal assistance, or within the last year, for any other felony, has the Applicant

(if an individual) or any owner of the Applicant 1) been convicted: 2) pleaded guilty: 3) pleaded

nolo contendere: 4) been placed on pretrial diversion; 5) been placed on any form of parole or

probation (including probation before judgment)”? BALL checked “NO” for this question and

electronically signed his initials, verifying the accuracy of his response.

       11.     In fact, BALL was and is currently on supervised state probation as a result of a

previous state conviction.

       12.     In connection with the application, BALL also provided Bank-1 a fraudulent

Internal Revenue Service (“IRS”) Form W3, known as “Transmittal of Wage and Tax Statements”

to substantiate, among other things, the number of purported employees on his payroll for Endless

Construction LLC for the tax year covering 2019 and/or 2020.

       13.     However, the IRS has searched its records for Endless Construction LLC, and the

IRS has no records of any filed tax records for any part of 2019 or 2020 for the business.

       14.     BALL electronically signed this PPP application on June 19, 2020, attesting that

the information provided was true and accurate and that he understood the criminal penalties

associated with providing false statements to the SBA.

       15.     On or about July 17, 2020, BALL applied for a PPP loan through Bank-1 for a

company called Charm City Realty, LLC. On this application, BALL claimed that the business

had eleven (11) employees with an average monthly payroll of $132,730.00. BALL claimed that

the purpose of the loan was for payroll, lease/mortgage interest, and other expenses.

       16.     Question 5 of the PPP Borrower Application Form asked “Is the Applicant (if an

individual) or any individual owning 20% or more of the equity of the Applicant subject to an

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         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 17 of 23




indictment, criminal information, arraignment or other means by which formal criminal charges

are brought in any jurisdiction, or presently incarcerated, or on probation or parole?” BALL

checked “NO” for this question and electronically signed his initials, verifying the accuracy of his

response.

       17.      Question 6 of the PPP Borrower Application asked “Within the last 5 years, for

any felony involving fraud, bribery, embezzlement, or a false statement in a loan application or an

application for federal assistance, or within the last year, for any other felony, has the Applicant

(if an individual) or any owner of the Applicant 1) been convicted: 2) pleaded guilty: 3) pleaded

nolo contendere: 4) been placed on pretrial diversion; 5) been placed on any form of parole or

probation (including probation before judgment)”? BALL checked “NO” for this question and

electronically signed his initials, verifying the accuracy of his response.

       18.     In connection with the application, BALL also provided Bank-1 a fraudulent IRS

Form W3 to substantiate, among other things, the number of purported employees on his payroll

for Charm City Realty, LLC for the tax year covering 2019 and/or 2020.

       19.     However, the IRS has searched its records for Charm City Realty, LLC, and the

IRS has no records of any filed tax records for any part of 2019 or 2020 for the business.

       20.     BALL electronically signed this PPP application on July 17, 2020, attesting that

the information provided was true and accurate and that he understood the criminal penalties

associated with providing false statements to the SBA.

                                     The Scheme to Defraud

       21.     Beginning in or about June 2020 and continuing through in or about July 2020, in

the District of Maryland and elsewhere, the defendant,

                                           KEON BALL,

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did knowingly and willfully devise and intend to devise a scheme and artifice to defraud

businesses, including Bank-1, to obtain property by means of materially false and fraudulent

pretenses, representations, and promises.

                             The Object of the Scheme to Defraud

       22.     It was the object of the scheme to defraud that BALL sought to obtain fraudulently

disaster-related benefits in the form of SBA PPP loans.

                        Manner and Means of the Scheme to Defraud

       23.     It was part of the scheme to defraud that BALL submitted applications for loans

under the PPP program that contained false statements, misrepresentations and omissions related

to his prior criminal record, his probation status, and his businesses, including their payroll and

number employees.

       24.     It was further a part of the scheme to defraud that BALL falsely attested on the

aforementioned loan applications that the information presented was true and accurate.

       25.     It was further a part of the scheme to defraud that BALL opened two BB&T bank

accounts—one with an Account # ending in 94841 and the other with an Account # ending in

94833—using the means of identification of “BT,” and including the exact date of “BT’s” birthdate

in year 1979 and “BT’s” social security number ending in 9875.

       26.     It was further a part of the scheme to defraud that BALL on or about June 19, 2020

received and obtained $123,934.00 in PPP proceeds in the BB&T Account # ending in 94833.

       27.     It was further a part of the scheme the scheme to defraud that BALL on or about

July 17, 2020 received and obtained $132,730.00 in PPP proceeds in the BB&T Account # ending

in 94841.


                                                18
          Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 19 of 23




         28.     It was further a part of the scheme to defraud that BALL caused the transmission

of information and funds by wire between the District of Maryland and locations outside of

Maryland.

                                         THE CHARGES

         29.     On or about the date set forth below, in the District of Maryland and elsewhere,

BALL, for the purpose of executing and attempting to execute the scheme and artifice to defraud

described above, did knowingly transmit and cause to be transmitted in interstate commerce by

means of a wire communication, certain signals, signs and sounds: to wit, the following SBA PPP

applications and wire transfers of funds to/through/from a location within the District of Maryland

to/from/through a location outside of the District of Maryland, as set forth below:

 COUNT DATE                    DESCRIPTION OF WIRE                      INTERSTATE WIRE
                               TRANSMISSION                             COMMUNICATION
                                                                        DETAILS
    25         June 19, 2020   BALL submitted an SBA PPP loan           Maryland to Bank-1’s
                               application through Bank-1 for Endless   servers outside of
                               Construction, LLC                        Maryland
                               that contained false statements and
                               misrepresentations and omissions
                               related to his business entity,
                               employment, payroll, criminal history,
                               and probation status.
    26         June 23, 2020   BALL received the proceeds of a PPP      ACH transfer of funds
                               loan for Endless Construction, LLC in    from outside of
                               the amount of $123,934.00 into a         Maryland to Maryland
                               BB&T account he had opened using
                               the means of identification of “BT.”
    27         July 17, 2020   BALL submitted an SBA PPP loan           Maryland to Bank-1’s
                               application through Bank-1 for Charm     servers outside of
                               City Realty, LLC                         Maryland
                               that contained false statements and
                               misrepresentations and omissions
                               related to his business entity,
                               employment, payroll, criminal history,
                               and probation status.


                                                19
         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 20 of 23




    28     July 21, 2020   BALL received the proceeds of a PPP      ACH transfer of funds
                           loan for Charm City Realty, LLC in the   from outside of
                           amount of $132,730.00 into a BB&T        Maryland to Maryland
                           account he had opened using the means
                           of identification of “BT.”
18 U.S.C. § 1343
18 U.S.C. § 2




                                            20
         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 21 of 23




                                    COUNT TWENTY-NINE
                                   (Aggravated Identity Theft)

       The Grand Jury for the District of Maryland further charges that:

       1.     The allegations set forth in Paragraphs 1 through 21 and 23 through 28 of Counts

Twenty-Five through Twenty-Eight of the Superseding Indictment are incorporated here.

       2.     From in or about June 2020 and continuing until in or about July 2020, in the

District of Maryland and elsewhere, the defendant,

                                         KEON BALL,

did, during and in relation to a felony violation enumerated in 18 U.S.C. ' 1028A(c), knowingly

transfer, possess and use, without lawful authority, a means of identification of another person,

knowing that the means of identification belonged to another person, to wit: the defendant used

the means of identification of “BT” during and in relation to wire fraud under 18 U.S.C § 1343 as

set forth in Counts Twenty-Five through Twenty-Eight of the Superseding Indictment.

18 U.S.C. §§ 1028A(a)(1), (c)(5)
18 U.S.C. § 2




                                               21
         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 22 of 23




                                 FORFEITURE ALLEGATION

       The Grand Jury for the District of Maryland further finds that:

       1.      Pursuant to Federal Rule of Criminal Procedure 32.2, notice is hereby given to the

defendants that the United States will seek forfeiture as part of any sentence in accordance with 18

U.S.C. §§ 924(d), 981(a)(1)(C), and 982(a)(2)(A), 21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c),

as a result of the defendant’s conviction under any of the offenses in Counts One through Twenty-

Two or Twenty-Four through Twenty-Eight of this Superseding Indictment.

                                      Wire Fraud Forfeiture

       2.      Pursuant to 18 U.S.C. § 982(a)(2)(A), upon conviction of any of the offenses set

forth in Counts One through Twenty-Two or Twenty-Four through Twenty-Eight of this

Superseding Indictment, the defendants,

                                       KEON BALL and
                                     ROBERT HOPKINS IV

shall forfeit to the United States any property constituting, or derived from, proceeds obtained

directly or indirectly, as the result of the scheme to defraud.

                                        Firearms Forfeiture

       4.      Pursuant to 18 U.S.C. § 924(d), upon conviction of Count Twenty-Four, the

defendant,

                                           KEON BALL

shall forfeit to the United States any firearm or ammunition involved in or used to commit the

offense, including, but not limited to, a Colt .38 caliber revolver bearing serial number 927486

and ammunition.




                                                  22
         Case 1:20-cr-00248-DKC Document 5 Filed 03/04/21 Page 23 of 23




                                         Substitute Assets

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

defendant:

               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,

the United States shall be entitled to forfeiture of substitute property pursuant to 21 U.S.C.

§ 853(p), as incorporated by 28 U.S.C. § 2461(c).

18 U.S.C. § 924(d)
18 U.S.C. § 982(a)(2)(A)
28 U.S.C. ' 2461(c)
Fed. R. Crim. P. 32.2(a)



                                                      ______________________
                                                      Jonathan F. Lenzner
                                                      Acting United States Attorney
A TRUE BILL

___________________________
Foreperson


Date: ______________________




                                                 23


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