Indictment — U.S. v. Rascon-Chacon, Gardea and Landeros (D.N.M.)

Summary

A grand jury indictment in United States v. Jacqueline Rascon-Chacon, Bryan Gardea and Ricardo Landeros, No. 1:23-cr-01352, in the U.S. District Court for the District of New Mexico, filed September 6, 2023 as Document 2. Counts 1-2 charge Gardea and Rascon-Chacon with bank fraud over loan agreements submitted to DreamSpring Community Development Financial Institution in early 2020. Count 3 charges all three with conspiracy to commit wire fraud from March 2020 to May 2022 through PPP and EIDL applications that, the indictment alleges, misstated the businesses, employee counts and payroll expenses. Counts 4-10 charge wire fraud, Count 11 conspiracy to commit money laundering, and Counts 12-14 monetary transactions in criminally derived property. The 26-page indictment seeks forfeiture, including a money judgment.

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

“Indictment — U.S. v. Rascon-Chacon, Gardea and Landeros (D.N.M.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cr-01352-dkt-2-56d00d5be4/, SHA-256 5839a57952373541b99feaa84b18315bbe792972d304e32a8616555153f8069c.

Full text

Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 1 of 26
UNITED STATES DISTRICT COURT
ALBUQUEROUE, NEW MEXICO

sEP 0 6 2023
IN THE UNITED STATES DISTRICT COURT
MlTCIHEI.-I- R. ELFEBS
FOR THE DISTRICT OF NEW MEXICO CLHRF.

UNITED STATES OF AMERICA,

Plaintiff, CRTMTNAL No. ?7. r\\5'\
vs. Counts l-2: 18 U.S.C. $ 1344: Bank
Fraud; 18 U.S.C. $ 2: Aiding and
JACQUELINE RASCON.CHACON, Abetting;
BRYAN GARDEA, and RICARDO
LANDEROS, Count 3: 18 U.S.C. $ 1349: Conspiracy
to Commit Wire Fraud;
Defendants.
Counts 4-10: 18 U.S.C. $ 1343: Wire
Fraud; l8 U.S.C. $ 2: Aiding and
Abetting;

Count 11: 18 U.S.C. $ 1956(h):
Conspiracy to Commit Money
Laundering;

Counts 12-14: 18 U.S.C. $ 1957(a):
Engaging in Monetary Transactions in
Property Derived from Specified Unlawful
Activity; 18 U.S.C. $ 2: Aiding and
Abetting.

INDICTMENT
The Grand Jury charges:

General Allegations

1. At all times relevant to this indictment, the defendants JACQUELINE

RASCON-CHACON, BRYAN GARDEA, and RICARDO LANDEROS were individuals

residing in the District of New Mexico.

2. At all times relevant to this indictment, the defendant RASCON-CHACON was

the sole authorized signatory on a Wells Fargo business bank account ending in 6927 in the name

of JAGA Networks LLC.
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 2 of 26

3. At all times relevant to this indictnent, the defendant RASCON-CHACON was

the sole authorized signatory on a Wells Fargo business bank account ending in 6935 in the rulme

of JAGA Networks LLC. Documents associated with this account indicated that the defendant

RASCON-CHACON was the "owner" and "managing member" of JAGA Networks LLC.

4. At all times relevant to this indictment, the defendant RASCON-CHACON was

the sole signatory on a Wells Fargo business bank account ending in7377 in the name of JAGA

Networks LLC. Documents associated with this account indicated that the defendant RASCON-

CHACON was the "Sole Owner" of JAGA Networks LLC and that the company had three

employees.

5. On or about September 18,2020,the defendant LAIYDEROS opened a Wells

Fargo bank account ending in0624 in the name of Ricardo I. Landeros. The defendant

LANDEROS was the owner and sole authorized signatory on this account.

6. On or about September 23,2020, the defendant RASCON-CHACON opened a

Sandia Labs Federal Credit Union ("SLFCU") business bank account with a member number

ending in 401I in the name of JAGA Networks LLC. This account had three sub-accounts also

in the name of JAGA Networks LLC: a savings account under the member number ending in

4011 with an account number ending in 0001 (hereinafter "SLFCU 4011-0001"), a checking

account under the member ending in 4011 with an account number ending in 9001 (hereinafter

"SLFCU 4011-9001"), and a checking account under the member number ending in 4011 with

an account number ending in 9002 (hereinafter "SLFCU 4011-9002").

7. On or about September 23,2020, the defendant RASCON-CHACON opened

two personal sub-accounts at SLFCU under a member number ending n3972: a savings account
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 3 of 26

ending in 0001 (hereinafter "SLFCU 3972-0001") and a checking account ending in 9001

(hereinafter "SLFCU 397 2-900 l").

8. Sega Wireless LLC, a corporate entity, was organizedinNew Mexico on or about

June 11,2015 and the organizing documents list "Bryan Gartea" as the registered agent. On or

about September 29,2017, a Certificate of Amendment was filed with the New Mexico

Secretary of State to change the name of the entity to Sega Communication LLC.

9. JAGA Networks LLC, a corporate entity, was organizedinNew Mexico on or

about June25,2019 and the organizing documents list the defendant RASCON-CHACON as

the organizer, member, and registered agent.

10. A&R Drilling LLC, a corporate entity, was organized in New Mexico on or about

October 5,2019 and lists the defendant LANDEROS as the organizer and registered agent.

1 1. Future Satellite LLC, a corporate entity, was organized in New Mexico on or

about February 7,2017 and lists the defendant GARDEA as an organizer andthe registered

agent.

12. During the time relevant to this indictment, La Cantina Loca was a sports bar and

grill located in Albuquerque, New Mexico and operated by the defendant LANDEROS. La

Cantina Loca LLC, a corporate entity, was organizedinNew Mexico on or about February 9,

2021, and lists the defendant LANDEROS as organizer and registered agent.

13. During the time relevant to this indictment, DreamSpring Community

Development Financial Institution was a financial institution headquartered in Albuquerque,

New Mexico.
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 4 of 26

The Small Business Administrution

14. The United States Small Business Administration ("SBA") is an executive-branch

agency of the United States govefirment 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.

15. As part of this effort, the SBA enables and provides for loans with government-

backed guarantees to be offered through banks, credit unions, and other lenders. The SBA also

acts as a lender itself in certain loan programs.

The Paycheck Protection Program

16. The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") is a

federal law enacted in March 2020 and designed to provide emergency financial assistance to the

millions of Americans who suffered the economic effects caused by the COVID-I9 pandemic.

One source of relief provided by the CARES Act was the authorizationof forgivable loans to

small businesses for job retention and certain other expenses, through a program referred to as

the Paycheck Protection Program ("PPP").

17. To obtain a PPP loan, a qualiffing business was required to submit a PPP loan

application, which was signed by an authorized representative of the business. The PPP loan

application required the business (through its authorized representative) to acknowledge the

program rules and make certain affirmative certifications in order to be determined eligible to

obtain the PPP loan. In the PPP loan application (SBA Form 2483), the small business (through

its authorized representative) was required to state, among other things, its: (a) average monthly

payroll expenses and (b) number of employees. These figures were used to calculate the amount
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 5 of 26

of money the small business was eligible to receive under the PPP. In addition, businesses

applying for a PPP loan were required to provide documentation showing their payroll expenses.

18. PPP loan applications were processed by participating lenders, including banks

and credit unions. If a PPP loan application was approved, the participating lender funded the

PPP loan using its own monies and the loan was guaranteed by the SBA. Data from PPP loan

applications, including information about the borrower, the total amount of the loan, and payroll

information including payroll expenses and the number of employees reported by the borrower,

was transmitted to the SBA in the course of processing the loan.

19. Under the terms of the program, PPP loan proceeds were only authorized to be

used for certain permissible expenses, including payroll costs, mortgage interest, rent, and

utilities. Under the applicable PPP rules and guidance, the interest and principle of PPP loans

were eligible for loan forgiveness provided that the qualifring borrower spent the loan proceeds

on permissible expenses within a designated period of time, including spending at least a

designated minimum percentage of the funds on payroll expenses.

20. Once a participating lender funded a PPP loan to a borrower, the lender submitted

disbursement details to the SBA E-Tran system through servers located in Sterling, Virginia.

The SBA's Denver Finance Center, located in Denver, Colorado, then created payment files and

authorized payments of PPP processing fees to the participating lender through the U.S.

Treasury's Financial Management System (FMS). The primary server for the FMS is located in

Sterling, Virginia. The payment files that were created in Denver, Colorado, were transmitted

via wire to the U.S. Treasury disbursing office in Kansas City, Missouri, which then sent

instructions for the payment of funds to the Federal Reserve Bank ACH processing site in East

Rutherford, New Jersey.
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 6 of 26

21. The PPP ended on May 31,2021.
The Economic Injury Disaster Loan Program

22. The Economic Injury Disaster Loan ("EIDL") program is an SBA program that
provides low-interest financing to small businesses, renters, and homeowners affected by

declared disasters.

23. In addition to authorizing the PPP, the CARES Act, along with the Coronavirus

Preparedness and Response Supplemental Appropriations Act, authorized the SBA to extend

EIDLs of up to $2 million to eligible small businesses experiencing substantial financial

disruption due to the COVID-l9 pandemic. In addition, the CARES Act authorizedthe SBA to

issue advances of up to $10,000 to small businesses within three days of applying for an EIDL.

The amount of any advance was determined by the number of employees on the borrower's

payroll. The advances did not have to be repaid.

24. In order to obtain an EIDL made available under the CARES Act, a qualifring

business had to submit an application to the SBA and provide information about its operations,

such as the number of employees, the business's gross revenues for the l2-month period

preceding the disaster, and the cost of goods sold in the l2-month period preceding the disaster.

For EIDLs made available under the CARES Act, the l2-month period preceding the disaster

was typically considered to be the year preceding January 31,2020. The applicant also had to

certiff that all of the information in the application was true and correct and agree in the required

Loan Authorization and Agreement that the EIDL funds would be used solely as working capital

for authorized categories ofexpenditure, including payroll expenses, sick leave, production

costs, debts, rent, and mortgage payments, to alleviate the economic injury caused by the

disaster.
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 7 of 26

25. The amount of an EIDL, if the application was approved, was determined based,

in part, on the information provided in the application about personnel, revenue, and cost of

goods sold, as set forth above. Any funds issued under an EIDL were issued directly by the

SBA. If an applicant for an EIDL also obtained funds under the PPP, EIDL funds could not be

used for the same purpose as PPP funds.

26. Applications for EIDLs made available under the CARES Act were received by

SBA using cloud-based platforms. Servers used in support of the cloud-based platform were

located in Des Moines, Iowa, Boydton, West Virginia, and Quincy, Washington.

27. Once an SBA EIDL application was approved, the SBA's Denver Finance Center,

located in Denver Colorado, created payment files and authorized payments of the EIDL funds

based on the applications. The disbursement of the EIDL funds occurred via the FMS to the U.S.

Treasury and then to the recipient's bank account. As indicated above, the primary server for the

FMS is in Sterling, Virginia.

Counts l-2

28. Prior to the passage of the CARES Act, from in or around January 2020 through

in or around February 2020, in Bernalillo County in the District of New Mexico, and elsewhere,

the defendants, GARDEA and RASCON-CHACON, knowingly and unlawfully executed and

attempted to execute a scheme and artifice to defraud and to obtain moneys, funds, credits,

assets, securities, and other property owned by, or under the custody and control of, a financial

institution, as that term is defined by Title l8 United States Code, Section 20, namely
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 8 of 26

DreamSpring Community Development Financial Institution ("DreamSpring"), by means of

false and fraudulent pretenses, representations and promises.

29. For the purpose of executing and in order to effect the scheme to defraud, the

defendants GARDEA and RASCON-CHACON signed and submitted loan agreements to

DreamSpring containing materially false and fraudulent pretenses, representations, and promises.

Among these fraudulent pretenses, representations, and promises, were terms in each loan

agreement indicating that the borrower would use the loan proceeds only for the business

purposes identified in the loan applications. The loans were approved and the proceeds of each

of the loans were disbursed into the Wells Fargo bank account ending in 6935 in the name of

Jaga Networks LLC.

30. On or about the dates listed below, in Bernalillo County in the District of New

Mexico and elsewhere, the defendants, GARDEA and RASCON-CHACON, for the purpose of

executing and in order to effect the above-described scheme and artifice to defraud and to obtain

moneys, funds, credits, assets, securities, and other property owned by, or under the custody and

control of, DreamSpring, conducted the following transactions:

In violation of l8 U.S.C. $ 1344 and l8 U.S.C. $ 2.
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 9 of 26

Count 3

31. Paragraphs 1 through 27 of the indictment are incorporated in this part of the

indictment as if fully re-alleged herein.

32. From in or around March 2020, and continuing to in or around May 2022,in

Bernalillo County, in the District of New Mexico and elsewhere, the defendants RASCON-

CHACON, GARDEA, and LANDEROS knowingly, unlawfully, and willfully conspired and

agreed to commit wire fraud in violation of 18 U.S.C. $ 1343.

Overview of the Conspiracy

33. The defendants, RASCON-CHACON, GARDEA, and LANDEROS, executed a

scheme to defraud lenders and the SBA. The scheme included submitting loan applications

containing materially false pretenses, representations, and promises to participating PPP lenders

and to the SBA as well as fabricating supporting documentation. These loan applications and the

associated supporting documentation were submitted through online portals. In these

documents, the defendants misrepresented material information such as the true nature of their

businesses, the number of employees, and the payroll expenses of the businesses. Based on these

material misrepresentations, participating PPP lenders and the SBA approved and issued loans to

the defendants. Once the defendants were in receipt of the fraudulently obtained fi.rnds, the

defendants did not use the loan proceeds in accordance with the applicable rules and guidelines

of the PPP and the EIDL program. Rather, the defendants used the funds for their own personal

benefit, including by paying off personal debts, using the funds to purchase luxury goods and

services for the defendants, and purchasing real property to be developed and sold for a profit.
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 10 of 26

Manner and Means

34. The manner and means by which the defendants sought to accomplish the purpose

of the conspiracy included, among others, the following:

a. The defendants used the names of sham, non-existent, or non-operational
businesses, to apply for loans under the PPP and EIDL programs.

b. The defendants submitted applications for loans under the PPP and the EIDL
program using the names of businesses that the defendants did not own and

were not associated with, without the knowledge or consent of the actual

owner(s) of those businesses. The defendants directed the proceeds of these

loans into accounts they controlled and used them for their own purposes.

c. The defendants opened bank accounts under their names and the names of
their businesses to receive, deposit, and transfer PPP and EIDL proceeds.

d. The defendants submitted falsified and fabricated supporting documentation
with their loan applications, including fabricated documentation supporting

the payroll information they reported in these applications.

e. The defendants submitted the applications and accessed their loan accounts
using the internet.

f. The defendants used the PPP and EIDL proceeds for unauthorized purposes,
including making cash withdrawals for their own use, paying off personal

credit card debt, hiring a mariachi band, chartering a private jet from

Albuquerque, New Mexico to Las Vegas, Nevada, gambling, and buying real

property to be developed and sold for a profit.

10
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 11 of 26

g. The defendants caused transmissions that affected interstate commerce by
sending wire transfers and by accessing and submitting PPP and EIDL

applications online.

Overt Acts

3s. In furtherance of the conspiracy, and to effect the objects thereof, the following

overt acts, among others, were committed in the District of New Mexico, and elsewhere:

a. On or about March 30,2020, GARDEA caused an application and supporting
documentation to be submitted electronically to the SBA requesting that an

EIDL loan be issued to borrower Sega Communication LLC. The application

and supporting documentation contained materially false pretenses,

representations, and promises. The application was approved and

approximately $149,900 was disbursed into the Wells Fargo Bank account

ending in 6927 held in the name of JAGA Networks LLC on or about May 19,

2020.

b. On or about March 30,2020, RASCON-CHACON caused an application and
supporting documentation to be submitted electronically to the SBA

requesting that an EIDL be issued to borrower JAGA Networks LLC. The

application and supporting documentation contained materially false

pretenses, representations, and promises. The application was approved and

approximately $149,900 was disbursed into the Wells Fargo Bank account

ending in 6935 held in the name of JAGA Networks LLC on or about June 9,

2020.

11
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 12 of 26

c. On or about April7,2020, RASCON-CHACON caused an application and
supporting documentation to be submitted electronically to DreamSpring

requesting that a PPP loan be issued to borrower JAGA Networks LLC. The

application and supporting documentation contained materially false

pretenses, representations, and promises. The application was approved and

approximately $31,209 was disbursed into the Wells Fargo bank account

ending in6927 held in the name of JAGA Networks LLC on or about April

17,2020.

d. On or about April7,2020, GARDEA caused an application and supporting
documentation to be submitted electronically to DreamSpring requesting that

a PPP loan be issued to borrower Sega Communication LLC. The application

and supporting documentation contained materially false pretenses,

representations, and promises. The application was approved and

approximately $31,209 was disbursed into the Wells Fargo Bank account

ending in 6935 held in the name of JAGA Networks LLC on or about April

20,2020.

e. On or about April28, 2020, GARDEA caused an application and supporting
documentation to be submitted electronically to DreamSpring requesting that

a PPP loan be issued to borrower Future Satellite LLC. The application and

supporting documentation contained materially false pretenses,

representations, and promises. The application was approved and

approximately $101,015 was disbursed into the Wells Fargo Bank account

t2
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 13 of 26

ending in737l held in the name of JAGA Networks LLC on or about May 14,

2020.

f. On or about May 8, 2020, the defendants caused an application and supporting
documentation to be submitted electronically to DreamSpring requesting that

a PPP loan be issued to borrower EC Contractors LLC. The defendants

caused these materials to be submitted without the knowledge or authorization

of the owner or appropriate representative of EC Contractors LLC. The

application and supporting documentation contained materially false

pretenses, representations, and promises. The application was approved and

approximately $83,330 was disbursed into the Wells Fargo bank account

ending in6927 held in the name of JAGA Networks LLC on or about May 20,

2020.

g. On or about May 16, 2020, LANDEROS caused an application and
supporting documentation to be submitted electronically to DreamSpring

requesting that a PPP loan be issued to borrower A&R Drilling LLC. The

application and supporting documentation contained materially fal se

pretenses, representations, and promises. The application was approved and

approximately $172,802 was disbursed into the Wells Fargo bank account

ending in6927 held in the name of JAGA Networks LLC on or about May 29,

2020.

h. On or about June23,2020, the defendants caused an application and
supporting documentation to be submitted to DreamSpring requesting that a

PPP loan be issued to borrower La Joya Construction LLC. The defendants

13
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 14 of 26

caused these materials to be submitted without the knowledge or authorization

of the owner or appropriate representative of La Joya Construction LLC. The

application and supporting documentation contained materially false

pretenses, representations, and promises. The application was approved and

approximately $172,800 was disbursed into the Wells Fargo bank account

ending in6927 held in the name of JAGA Networks LLC on or about July 10,

2020.

i. On or about March 15,2021, LANDEROS entered into a loan agreement
with DreamSpring to obtain a PPP loan issued to borrower A and R Drilling

LLC. The application and supporting documentation submitted in connection

with this loan contained materially false pretenses, representations, and

promises. The application was approved and approximately $149,000 was

disbursed into the Wells Fargo bank account ending in0624 held in the name

of Ricardo Landeros on or about March 16,2021.

36. The defendants also caused to be submitted electronically additional applications

and supporting documentation to DreamSpring requesting that additional PPP loans be issued to

businesses and purported businesses associated with the defendants, including Future Satellite

LLC and Jaga Networks LLC, but these additional loan applications were denied.

37. The defendants also caused to be submitted electronically to SBA loan

modification applications seeking to increase EIDL loan proceeds to be received from SBA in

connection with one or more of the loans identified above.

t4
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 15 of 26

38. The defendants also submitted loan forgiveness applications for some of the

above-described PPP loans, which resulted in substantially all of the remaining loan balances for

certain PPP loans being forgiven.

39. In sum, the defendants obtained at least seven PPP loans and at least two EIDLs,

the proceeds of which were deposited into bank accounts controlled by the defendants. The total

proceeds from these loans were at least approximately $1,041,165.00.

In violation of 18 U.S.C. $ 1349.

Executions of the Scheme: Counts 4 through 10

40. Paragraphs I through 27 and 31 through 39 are incorporated in this part of the

indictment as if fully re-alleged herein.

41. On or about the dates listed below, in Bernalillo County, in the District of New

Mexico and elsewhere, the defendants RASCON-CHACON, GARDEA, and LANDEROS,

with intent to defraud, knowingly and unlawfully devised and intended to devise a scheme and

artifice to defraud, and to obtain money by means of materially false and fraudulent pretenses,

representations and promises, and for the purpose of executing and attempting to execute the

scheme and artifice, caused writings, signs, and signals to be transmitted by means of wire

communications in interstate cortmerce as described below:

Cqunt On or'About'D'a'te,': Amount' Recipient'Entiw" Defendant

4 March 30,2020 Application for $149,900 Sega GARDEA
EIDL Loan Communication
LLC
5 March 30,2020 Application for $149,900 JAGA Networks RASCON.
EIDL Loan LLC CHACON

15
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 16 of 26

6 April7,2020 Application for $31,209 JAGA Networks RASCON.
PPP Loan LLC CHACON

7 April7,2020 Application for s31,209 Sega GARDEA
PPP Loan Communication
LLC
8 April28,2020 Application for $ 101,015 Future Satellite GARDEA
PPP Loan LLC

9 May 16,2020 Application for $112,802 A&R Drilling LANDEROS
PPP Loan

10 March 15,2021 Electronic $149,000 A and R Drilling LANDEROS
Submission of
Loan Agreement
for PPP Loan via
Internet

In violation of l8 U.S.C. $ 1343 and 18 U.S.C. $ 2.

Count 1 1

42. Paragraphs I through 27 and 31 through 4l are incorporated in this part of the

indictment as if fully re-alleged herein.

43. From in or around January 2020, and continuing to in or around May 2022,in

Bernalillo County, in the District of New Mexico and elsewhere, the defendants RASCON-

CHACON, GARDEA, and LANDEROS knowingly, unlawfully, and willfully conspired and

agreed with each other and with other persons, both known and unknown to the Grand Jury, to

commit certain offenses under Title 18, United States Code, Sections 1956 and 1957, as follows:

a. Conducted and attempted to conduct financial transactions in interstate
commerce, which transactions involved the proceeds of specified unlawful

activity, that is, wire fraud in violation of Title 18, United States Code,

Section 1343 atd2,bankfraud in violation of Title 18, United States Code,

t6
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 17 of 26

Section 1344 and2, and conspiracy to commit wire fraud in violation of Title

18, United States Code, Section 1349, knowing that the transactions were

designed in whole and in part to conceal and disguise the nature, location,

source, ownership, and control of the proceeds of specified unlawful activity,

and that while conducting and attempting to conduct such financial

transactions, knew that the property involved in the financial transactions

represented the proceeds of some form of unlawful activity, in violation of

Title 18, United States Code, Section 1956(a)(1)(B)(i); and

b. Knowingly engaged, attempted to engage, and caused and aided or abetted
others in engaging in monetary transactions by, through, or to a financial

institution, affecting interstate commerce, in criminally-derived properly of a

value greater than $10,000, such property having been derived from a

specified unlawful activity, that is, wire fraud in violation of Title 18, United

States Code, Section 1343 and2,bank fraud in violation of Title 18, United

States Code, Section 1344 and2, and conspiracy to commit wire fraud in

violation of Title 18, United States Code, Section 1349,inviolation of Title

18, United States Code, Section 1957.

Manner and Means

44. The manner and means used to accomplish the objectives of the conspiracy

included, among others, the following:

a. It was part of the conspiracy that RASCON-CHACON maintained control
and approval over funds deposited into Wells Fargo accounts ending in 6927,

6935, and7317, each held in the name of Jaga Networks LLC.

t7
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 18 of 26

b. It was part of the conspiracy that the Wells Fargo account ending in 6927 was

used to receive deposits of PPP loan and EIDL proceeds of approximately

S61 0,041 in 2020 and 2021.

c. It was part of the conspiracy that the Wells Fargo account ending in 6921 was

used by RASCON-CHACON to remit a cashier's check payable to Fidelity

National Title in the amount of approximately $40,230 on or about May 18,

2020 to fund the purchase of vacant land located at 6734 Milpa Alta Rd. NE

in Rio Rancho, New Mexico.

d. It was part of the conspiracy that the Wells Fargo account ending in 6927 was

used by RASCON-CHACON to remit a cashier's check payable to Old

Republic Title in the amount of approximately $81 ,785 on or about June 18,

2020 to fund the purchase of vacant land locate d at 7 59 and 7 63 Taos Place

SW in Albuquerque, New Mexico.

e. It was part of the conspiracy that a wire transfer of $10,000 was sent from the

Wells Fargo account ending in 6927 to a bank account owned by Paramount

Business Jets on or about August 28,2020. It was further part of the

conspiracy that the defendants traveled by chartered privatejet from

Albuquerque, New Mexico, to Las Vegas, Nevada on or about September 4,

2020, returning on or about September 1,2020.

It was part of the conspiracy that the Wells Fargo account ending in 6927 was

used to make approximately $10,315 in payments credited to a Macy's

branded American Express credit card in the name of Jacqueline Rascon-

Chacon.

18
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 19 of 26

(, It was part of the conspiracy that the Wells Fargo account ending in 6927 was
6.

used to make approximately $4,738 in payments to Harbor Group

Management, a property management company which managed the apartment

complex at which GARDEA and RASCON-CHACON resided at the time of

the payments.

h. It was part of the conspiracy that the Wells Fargo account ending in 6927 was

used to fund approximately $44,834 in cash withdrawals between in or around

January 2020 arrd in or around September 2020.

It was part of the conspiracy that the Wells Fargo account ending in 6935 was

used to receive deposits of business loan proceeds of approximately $40,000

not related to COVID-19 pandemic relief efforts between January and

February of 2020. These funds were not used in accordance with the terms of

the relevant business loans.

J. It was part of the conspiracy that the Wells Fargo account ending in 6935 was

used to receive deposits of PPP loan and EIDL proceeds of approximately

$181,109 in2020.

k. It was part of the conspiracy that the Wells Fargo account ending in 6935 was

used to fund purchases at Louis Vuitton totaling approximately $3,692, at

Albuquerque Orthodontics totaling approximately $1,609, to United Airlines

totaling approximately $2,008, and to various restaurants totaling thousands of

dollars.

t9
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 20 of 26

l. It was part of the conspiracy that the Wells Fargo account ending in 6935 was
used to fund transactions of over $3,000 occurring in Honolulu, Hawai'i and

over $5,000 occurring in Las Vegas, Nevada.

m. It was fuither part of the conspiracy that that the Wells Fargo account ending

in 6935 was used to fund cash withdrawals of approximately $26,914 between

in or around January 2020 and in or around November 2020.

n. It was part of the conspiracy that the Wells Fargo account ending in7377 was

used to receive deposits PPP loan proceeds of approximately $101,015 in

2020.

It was part of the conspiracy that the Wells Fargo account ending rn7377 was

used to transfer approximately $101,000 to the Wells Fargo account ending in

6927 on or about May 14, 2020.

p. It was part of the conspiracy that LANDEROS maintained control and

approval over funds deposited into a Wells Fargo account ending in0624,

held in the name of Ricardo Landeros.

q. It was part of the conspiracy that the Wells Fargo account ending in0624 was

used to receive PPP loan proceeds of approximately $149,000 in 2021.

r. It was part of the conspiracy that the Wells Fargo account ending in0624 was

used by LANDEROS to remit a cashier's check payable to Ricardo Landeros

in the approximate amount of $143,466 on or about March 22,2021. This

cashier's check was then deposited into a separate bank account at BBVA in

the name of La Cantina Loca, for which LANDEROS had signature

authority.

20
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 21 of 26

S. It was part of the conspiracy that proceeds of business loans, PPP loans, and

EIDLs obtained by the defendants were transferred to SLFCU 401 1-0001,

SLFCU 4011-9001, SLFCU 4011-9002, and SLFCU 3972-9001 between in or

around January 2020 and in or around May 2022. This included a transfer by

two separate checks, each in the approximate amount of $100,000, from the

Wells Fargo account ending in 6935 to SLFCU 4011-9001 and SLCFU 4011-

9002 on or about September 23,2020.

It was part of the conspiracy that SLFCU 4011-9001 was used to negotiate a

check in the approximate amount of $209,369 on or about February 12,2021

from Old Republic National Title. These funds derived from the sale of 759

Taos Place SW, Albuquerque, NM.

u. It was part of the conspiracy that SLFCU 4011-9001 was used to negotiate a

check in the approximate amount of $185,544 on or about March ll,202l

from Old Republic National Title. These funds derived from the sale of 763

Taos Place SW, Albuquerque, NM.

It was part of the conspiracy that the vacant land at 6734MilpaAlta Rd. NE,

Rio Rancho, NM was developed by the defendants using proceeds of the

business loans, PPP loans, and EIDLs described above. As developed, the

real property located at 6734 Milpa Alta Rd. NE, Rio Rancho, NM, was listed

for sale on or about April 15, 2022 with an asking price of $750,000. The first

sentence of the property description posted on one or more public websites

read "Absolutely Stunning Quality+Design in this Gorgeous Jaga Custom

Home!"

2t
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 22 of 26

In violation of 18 U.S.C. $ 1956(h).

Counts 12-14

On or about the dates set forth below, in Bernalillo County in the District of New

Mexico, and elsewhere, the defendants, did knowingly engage and attempt to engage in the

following monetary transactions by through or to a financial institution, affecting interstate or

foreign corlmerce, in criminally derived property of a value greater than $10,000, that is the

deposit, withdrawal and transfer of U.S. currency, funds and monetary instruments, such

property having been derived from a specified unlawful activity, that is, wire fraud in violation

of Title 18, United States Code, Section 1343 and2,bar,k fraud in violation of Title 18, United

States Code, Section 1344 and2, and conspiracy to commit wire fraud in violation of Title 18,

United States Code, Section 1349.

Count Defendant(s) On or About Date Monetary Transaction i

t2 RASCON.CHACON May 18,2020 Negotiation of cashier's check from
Jaga Networks LLC Wells Fargo
account ending in6927 for
approximately $40,230 payable to
Fidelitv National Title.
13 RASCON-CHACON, February 12, Negotiation of cashier's check from
GARDEA, and 2021 Old Republic Title for approximately
LANDEROS 5209,368.70 payable to Bryan E.
Gardea-Gutienez and Ricardo I.
Landeros, deposited in SLFCU 4011-
9001, controlled by RASCON-
CHACON.
14 LANDEROS March 22,2021 Negotiation of cashier's check from
Ricardo Landeros Wells Fargo
account ending in 0624 for
approximately $143,466 payable to
Ricardo Landeros, deposited into
BBVA account controlled by
LANDEROS.

In violation of Title 18, United States Codes, Sections 1957(a) and2.

22
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 23 of 26

FORIEITURE ALLEGATIONS

Counts I and2 of this indictment are realleged and incorporated as part of this section for

the purpose of alleging forfeiture to the United States pursuant to 18 U.S.C. $$ 981(a)(1)(C),

982(a)(2), and 28 U.S.C. $ 2461(c).

Upon conviction of any offense in violation of 18 U.S.C. $ 1344, the defendants,

JACQUELINE RASCON-CHACON and BRYAN GARDEA, shall forfeit to the United

States, pursuant to 18 U.S.C. $$ 981(a)(1XC), 982(a)(2), and28 U.S.C. $ 2461(c), any property,

real or personal, which constitutes or is derived from proceeds traceable to the offense(s). The

property to be forfeited includes, but is not limited to, the following:

1. MONEY ruDGMENT

A sum of money representing property constituting or derived from proceeds traceable to

the offense(s) set forth in the Count(s) of conviction.

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

defendants:

a. cannot be located upon the exercise ofdue diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty,

it is the intent of the United States, pursuant to 21 U.S.C. $ 853(p), as incorporated by 28 U.S.C.

$ 2461(c), to seek forfeiture of any other properry of the defendant up to the value of the

forfeitable property described above.

23
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 24 of 26

Counts 3 through 10 of this indictment are realleged and incorporated as part of this

section for the purpose of alleging forfeiture to the United States pursuant to 18 U.S.C.

$$ e81(a)(1)(C) and 28 u.S.C. $ 2a61(c).

Upon conviction of any offense in violation of 18 U.S.C. $$ 1343 and l349,the

defendants, JACQUELINE RASCON-CHACON, BRYAN GARDEA, and RICARDO

LANDEROS, shall forfeit to the United States, pursuant to 18 U.S.C. $ 981(a)(l)(C) and 28

U.S.C. $ 2461(c), any property, real or personal, which constitutes or is derived from proceeds

traceable to the offense(s). The property to be forfeited includes, but is not limited to, the

following:

1. MONEY JUDGMENT
A sum of money representing property constituting or derived from proceeds traceable to

the offense(s) set forth in the Count(s) of conviction.

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

defendants;

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty,

it is the intent of the United States, pursuant to 21 U.S.C. $ 853(p), as incorporated by 28 U.S.C.

$ 2461(c), to seek forfeiture of any other property of the defendant up to the value of the

forfeitable property described above.

24
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 25 of 26

Counts 11 through 14 of this indictment are realleged and incorporated as part of this

section for the purpose of alleging forfeiture to the United States pursuant to 18 U.S.C.

$ e82(a)(l).

Upon conviction of any offense in violation of I 8 U.S.C. $$ 1956 and 1957, the

defendants, JACQUELINE RASCON-CHACON, BRYAN GARDEA, and RICARDO

LANDEROS, shall forfeit to the United States, pursuant to 18 U.S.C. $ 982(a)(1), any property,

real or personal, involved in such offbnse, and any property traceable to such property. The

property to be forfeited includes, but is not limited to, the following:

1. MONEY JUDGMENT

A sum of money representing property involved in the offense(s) set forth in the Count(s)

of conviction and any property traceable to such property.

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

defendants:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which carurot be divided

without difficulty,

it is the intent of the United States, pursuant to 21 U.S.C. $ 853(p), as incorporated by 18 U.S.C.

$ 982(bX1), to seek forfeiture of any other property of the defendant up to the value of the

forfeitable property described above.

25
Case 1:23-cr-01352-JB Document 2 Filed 09/06/23 Page 26 of 26

A TRUE BILL:

FOREPERSON OF THE GRAND JURY

nt United States A

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