Criminal Indictment — United States v. Kelvin E. Jones (N.D. Ga., Dkt. 1, filed 05/14/24)

Summary

This indictment in the Northern District of Georgia, Atlanta Division, charges Kelvin E. Jones, also known as Kelvin E. Guzman Jones, with wire fraud in Counts One through Four and money laundering in Counts Five through Seven. It alleges that, from June 2022 through September 2022, he used his login credentials as a contract Assistant Production Accountant for a film production company to change vendors' bank account information to his own Navy Federal Credit Union account, diverting payments intended for vendors, including $48,556.60 and $36,920, and then changing the information back. The money laundering counts allege transfers of $25,000, $20,000 and $22,000 to another account, and the indictment seeks forfeiture money judgments.

Summary drafted by a model from the document's text below 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

Full text

    Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 1 of 10


ORIGINAL

                  IN THE UNITED STATES DISTRICT COURT
                 FOR THE NORTHERN DISTRICT OF GEORGIA
                           ATLANTA DIVISION


      UNITED STATES OF AMERICA

            V.                               Criminal Indictment

      K ELVI N E. JONES A/ K/ A              No.     1•24CH01'7 1
      KELVI N E. GUZMAN JONES


   THE GRAND JURY CHARGES THAT:

                            Counts One through Four
                                  Wire Fraud
                               (18 u.s.c. § 1343)

      1. Beginning in or about June 2022 and continuing until in or about

   September 2022, in the Northern District of Georgia and elsewhere, the

   defendant, KELVIN E. JONES a/k/ a KELVIN E. GUZMAN JONES, did

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

   and to obtain money and property, by means of materially false and

   fraudulent pretenses, representations, and promises, and by omissions of

   material fact, well knowing and having reason to know that said pretenses

   were and would be false and fraudulent when made and caused to be
   made and that said omissions were and would be material, and in so

   doing, with the intent to defraud, caused interstate wire communications

   to be made, in furtherance of the scheme and artifice to defraud, in

   violation of Title 18, United States Code, Section 1343.
 Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 2 of 10




                               Background

   2. Company-1 was a film production company that is headquartered in

Culver City, California.

   3. Company-1 maintained a bank account with Bank of America that it

used to pay its vendors.

   4. On or about April 25, 2022, Company-1 hired defendant JONES on a

contract basis to be an Assistant Production Accountant for a film

production at a pay rate of $1,800 per week. Defendant JONES worked

remotely from his residence in the Northern District of Georgia.

   5. Defendant JONES held three bank accounts with Navy Federal

Credit Union, with account numbers ending in 9239 (the "NFCU 9239

Account"), 1036 (the "NFCU 1036 Account"), and 5464. Defendant JONES

designated his NFCU account with an account number ending in 5464 to

receive his Company-1 wages.

                            Scheme to Defraud

   6. To fraudulently obtain funds from Company-1, defendant JONES

accessed Company-l's vendor account information records and changed

the designated bank account information for certain vendors to the NFCU
9239 Account, thereby causing payments intended for vendors to be sent

to him. After fraudulently receiving payments intended for vendors,

defendant JONES accessed Company-1' s vendor account information



                                     2
 Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 3 of 10




records and changed the designated bank account information back to the

true bank account information for the vendor.

   7. On or about June 29, 2022, using his Company-1 login credentials,

defendant JONES accessed Company-l's vendor account records to

change the designated bank account information for Vendor-1 to the

NFCU 9239 Account.

   8. On or about June 30, 2022, unaware that Vendor-1' s bank account

information had been changed, Company-1 issued an electronic payment

to Vendor-1 in the amount of $22,859.80. That payment, instead of going to

Vendor-1 as intended, was directed to the NFCU 9239 Account because

defendant JONES had fraudulently modified the vendor account records.

   9. On or about July 6, 2022, using his Company-1 login credentials,

defendant JONES accessed Company-l's vendor account records to

change the designated bank account information for Vendor-2 to the

NFCU 9239 Account.

   10. On or about July 7, 2022, unaware that Vendor-2' s bank account

information had been changed, Company-1 issued an electronic payment

to Vendor-2 in the amount of $48,556.60. That payment, instead of going to
Vendor-2 as intended, was directed to the NFCU 9239 Account because

defendant JONES had fraudulently modified the vendor account records.




                                     3
      Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 4 of 10

·.




        11. On or about July 8, 2022, using his Company-1 login credentials,

     defendant JONES accessed Company-1' s vendor account records to

     change Vendor-2's designated bank account information from the NFCU

     9239 Account to Vendor-2' s true designated bank account.

        12. On or about July 20, 2022, using his Company-1 login credentials,

     defendant JONES accessed Company-1' s vendor account records to

     change the designated bank account information for Vendor-3 to the

     NFCU 9239 Account.

        13. On or about July 20, 2022, unaware that Vendor-3' s bank account

     information had been changed, Company-1 issued an electronic payment

     to Vendor-3 in the amount of $36,920. That payment, instead of going to

     Vendor-3 as intended, was directed to the NFCU 9239 Account because

     defendant JONES had fraudulently modified the vendor account records.

        14. On or about July 21, 2022, using his Company-1 login credentials,

     defendant JONES accessed Company-1' s vendor account records to

     change Vendor-1' s designated bank account information from the NFCU

     9239 Account to Vendor-1' s true designated bank account.

        15. On or about July 29, 2022, unaware that Vendor-3' s bank account

     information had been modified, Company-1 issued an electronic payment

     to Vendor-3 in the amount of $45,467.90. That payment, instead of going to




                                          4
     Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 5 of 10


'


    Vendor-3 as intended, was directed to the NFCU 9239 Account because

    defendant JONES had fraudulently modified the vendor account records.

       16. On or about August 2, 2022, using his Company-1 login credentials,

    defendant JONES accessed Company-1' s vendor account records to

    change Vendor-3' s designated bank account information from the NFCU

    9239 Account to Vendor-3' s true designated bank account.

       17. On or about September 8, 2022, using his Company-1 login

    credentials, defendant JONES accessed Company-1' s vendor account

    records to change the designated bank account information for Vendor-2

    to the NFCU 9239 Account.

       18. On or about September 8, 2022, unaware that Vendor-2' s bank

    account information had been changed, Company-1 issued an electronic

    payment to Vendor-2 in the amount of $41,636.91. That payment, instead

    of going to Vendor-2 as intended, was directed to the NFCU 9239 Account

    because defendant JONES had fraudulently modified the vendor account

    records.

       19. On or about September 9, 2022, using his Company-1 login

    credentials, defendant JONES accessed Company-1' s vendor account
    records to change Vendor-2' s designated bank account information from

    the NFCU 9239 Account to Vendor-2's true designated bank account.




                                        5
 Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 6 of 10




                           Execution of the Scheme

   20. On or about dates listed below, in the Northern District of Georgia

and elsewhere, the defendant, KELVIN E. JONES a/k/ a KELVIN E.

GUZMAN JONES, for the purpose of executing and attempting to execute

the scheme and artifice to defraud described above, and for obtaining

money and property by means of materially false and fraudulent

pretenses, representations, promises, and omissions, with intent to

defraud, did cause to be transmitted by means of wire communication in

interstate commerce, certain writings, signs, signals, pictures, and sounds,

that is, the wire communications described below:

      Count         Date                  Wire Communication
         1      06/29/2022 Electronically accessing Company-l's
                           vendor account records to change Vendor-
                           1' s designated bank information to the
                           NFCU 9239 Account
         2      07/06/2022 Electronically accessing Company-l's
                           vendor account records to change Vendor-
                           2' s designated bank information to the
                           NFCU 9239 Account
         3      07/20/2022 Electronically accessing Company-I's
                           vendor account records to change Vendor-
                           3' s designated bank account information to
                           the NFCU 9239 Account
         4      09/08/2022 Electronically accessing Company-l's
                           vendor account records to change Vendor
                           2' s designated bank account information to
                           the NFCU 9239 Account



                                      6
 Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 7 of 10




   All in violation of Title 18, United States Code, Section 1343.

                           Counts Five through Seven
                              Money Laundering
                               (18 u.s.c. § 1957)

   21. The Grand Jury re-alleges and incorporates by reference the factual

allegations laid out in paragraphs 2 through 19 of this Indictment as if fully

set forth here.

   22. On or about the dates set forth below, in the Northern District of

Georgia, the defendant, KELVIN E. JONES a/k/ a KELVIN E. GUZMAN

JONES, did knowingly engage and attempt to engage in the following

monetary transactions by, through, and to a financial institution, affecting

interstate commerce, in criminally derived property of a value greater than

$10,000, that is, the deposit, withdrawal, transfer, and exchange of U.S.

currency, funds, and monetary instruments in the amounts set forth below,

such property having been derived from specified unlawful activity, that

is, wire fraud, in violation of Title 18, United States Code, Section 1343:

     Count          Date                   Transaction               Amount
        5         07/08/2022   Transfer of funds from NFCU            $25,000
                               9239 Account to NFCU 1036
                               Account
        6         07/22/2022   Transfer of funds from NFCU            $20,000
                               9239 Account to NFCU 1036
                               Account




                                       7
 Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 8 of 10




        7        09/ 12/2022    Transfer of funds from NFCU          $22,000
                                9239 Account to NFCU 1036
                                Account

All in violation of Title 18, United States Code, Section 1957.

                                     Forfeiture

   23. Upon conviction of one or more of the offenses alleged in Counts

One through Four of this Indictment, the defendant, KELVIN E. JONES

a/ k/ a KELVIN E. GUZMAN JONES, shall forfeit to the United States,

pursuant to Title 18, United States Code, Section 981(a)(l)(C) and Title 18,

United States Code, Section 2461(c), any property, real or personal, which

constitutes or is derived from proceeds traceable to the offenses, including,

but not limited to, the following:

            MONEY JUDGMENT: A sum of money in United States
            currency, representing the amount of proceeds obtained as a
            result of the offenses alleged in Counts One through Four of this
            Indictment.

   24. Upon conviction of one or more of the offenses alleged in Counts

Five through Seven of this Indictment, the defendant, KELVIN E. JONES

a/ k/ a KELVIN E. GUZMAN JONES, shall forfeit to the United States,

pursuant to Title 18, United States Code, Section 982(a)(l), all property,

real or personal, involved in such offenses, or any property traceable to

such property, including, but not limited to, the following:




                                       8
 Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 9 of 10




          MONEY JUDGMENT: A sum of money in United States

          currency, representing the amount of proceeds obtained as a

          result of the offenses alleged in Counts Five through Seven of this

          Indictment.

   25. If, as a result of any act or omission of the defendant, any property

subject to forfeiture:

      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 intends, pursuant to Title 21, United States Code, Section
853(p), as incorporated by Title 28, United States Code, Section 2461(c) and
Title 18, United States Code, Section 982(b)(1), to seek forfeiture of any




                                        9
Case 1:24-cr-00171-JPB-CMS Document 1 Filed 05/14/24 Page 10 of 10




other property of said defendant up to the value of the forfeitable

property.




                                                                      BILL




RYAN K. BUCHANAN
  United States Attorney

 Pia,,,,,_ C- ( c£_________
DIANE C. SCHULMAN
  Special Assistant United States Attorney
Georgia Bar No. 49776


/ s/ Samir Kaushal
SAMIR KAUSHAL
 Assistant United States Attorney
Georgia Bar No. 935285

600 U.S. Courthouse
75 Ted Turner Drive SW
Atlanta, GA 30303
404-581-6000; Fax: 404-581-6181




                                     10


File and source

File

1.pdf

Size

524,662 bytes

SHA-256

bfa9350f33cf5a60f4e01e520ed15a7c80bc6593e165302d0a5e31ac0d245975

Our copy

1.pdf

Original

No public link identified.