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Indictment — United States v. Dwayne Peterson Davis (N.D. Ga., Dkt. 1, filed 08/13/24)

Summary

This Indictment in No. 1:24-cr-00257-JPB-JSA charges Dwayne Peterson Davis in Counts 1 through 10 (Wire Fraud) and Counts 11 through 16 (Money Laundering). It alleges that GEICO, majority owner of a limited partnership called PIS QOZ Fund 2018-A, LP, wire transferred $5.91 million to the Partnership on April 27, 2021, on Davis's false promise that the money would be used solely to pay the Partnership's debts and expenses. It alleges that Davis then transferred $5,898,000 to accounts he controlled in the name of Peachtree Investment Solutions, LLC. Counts 11 through 16 allege monetary transactions in criminally derived property of a value greater than $10,000. A forfeiture provision seeks proceeds, including a money judgment.

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Cite this document

“Indictment — United States v. Dwayne Peterson Davis (N.D. Ga., Dkt. 1, filed 08/13/24).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-24-cr-00257-dkt-1-n-d-ga-a78eb183e4/, SHA-256 d202f88f55e647a32c58e8ebee1425e23505c10c518c63b25cae8cac0b9e14da.

Full text

      Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 1 of 10


ORIGINAL                                                             FILED IN OPEN COURT
                                                                        U.S.D.C. • Atlanta


                IN THE UNITED STATES DISTRICT COURT K                 AUG l J 202~
               FOR THE NORTHER N DISTRICT OF GEORGIA               i~'-NP. IIVEIMER, Clerk
                         ATLANTA DIVISION                                        Deputy C/erk



UNITED STATES OF AMERICA
                                                             l:24CR -257
     V.                                       CASE NO. - - - - - - -

DWAYNE PETERSON DAVIS

                                 INDICTME NT

The Grand Jury charges that:

                               Counts 1 through 10
                                  (Wire Fraud)

1.    From in or about April 2021 through at least in or about August 2021, the

      Defendant, Dwayne Peterson Davis, aided and abetted by others known

      and unknown to the Grand Jury, devised, intended to devise, and

      participated in a scheme and artifice to defraud, and to obtain money by

      means of materially false and fraudulent pretenses, representat ions, and

      promises, and by the omission of material facts ("the wire fraud scheme").

                                  Backgroun d

2.    At all times material to this Indictment, Governmen t Employees Insurance

      Company ("GEICO") was the majority owner, and Defendant Davis

      (through other entities) was the minority owner, of a limited partnership

      called PIS QOZ Fund 2018-A, LP (the "Partnershi p").
     Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 2 of 10




3.   In or about November 2018, GEICO contributed $26 million to the

     Partnership to fund the Partnership's investment in Riverside Village, a

     commercial development in North Augusta, South Carolina.

4.   In or about April 2021, GEICO agreed to contribute another $5.91 million

     to the Partnership to pay taxes, settle a construction lawsuit, and stop

     foreclosure proceedings.

                Manner and Means of the Wire Fraud Scheme

5.   Defendant Davis caused and directed GEICO to wire transfer the

     $5.91 million to the Partnership's bank account at UBS Financial Services-

     an account that Defendant Davis controlled.

6.   Defendant Davis falsely and fraudulently led GEICO to believe that he

     would use the money solely to pay debts and expenses of the Partnership.

7.   In addition, Defendant Davis falsely and fraudulently promised GEICO

     that he would confer with GEICO before disbursing any of the $5.91

     million and that he would not make any payments that were not

     "directly to the final source."




                                   Page 2 of 10
      Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 3 of 10




8.    On or about April 27, 2021, GEICO wire transferred the $5.91 million to the

      Partnership's account with the understanding that Defendant Davis would

      use the money solely to pay debts and expenses of the Partnership. GEICO

      did not authorize Defendant Davis to use the money for any other purpose

      and would not have transferred the money to his control if it had known

      that he intended to use it for any other purpose.

9.    After Defendant Davis obtained control of the $5.91 million, he continued

      to make false and misleading statements to GEICO in an effort to hide his

      fraudulent intent and to lull GEICO into a false sense of security. Those

      statements were essential to prevent GEICO from discovering that it had

      been tricked.

10.   For example, upon receipt of the $5.91 million, Defendant Davis promised

      GEICO that he would not disburse any of the money until he had the

      "appropriate documentation in place."

11.   Almost immediately after that, however, Defendant Davis began

      siphoning off money from the Partnership's account and secretly

      transferring it to accounts that he controlled at other banks- accounts that

      were not related to the Partnership.




                                   Page 3 of 10
      Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 4 of 10




12.   In all, Defendant Davis surreptitiously transferred $5,898,000 from the

      Partnership's account to accounts that he controlled at other banks in the

      name of Peachtree Investment Solutions, LLC. Those transfers served no

      legitimate Partnership purpose and were made with the intent to defraud

      GEICO and the Partnership.

13.   Defendant Davis eventually used some of the diverted money to pay the

      taxes owed by the Partnership, but he never made any payments to settle

      the lawsuit or stop the foreclosure proceedings.

14.   In an effort to cover up what he had done, Defendant Davis falsely and

      fraudulently told GEICO that he still intended to make the payments to

      settle the lawsuit and stop the foreclosure proceedings. Defendant Davis

      also assured GEICO that there was enough money left in the Partnership's

      account to make those payments - even though he knew that was not true.

15.   Later, Defendant Davis told GEICO that he had attempted to send a wire

      transfer from the Partnership's account to stop the foreclosure. That was

      not true. Defendant Davis further claimed that the bank where the

      Partnership's account was located had prevented the wire from going

      through because that bank was conducting a "compliance review" of the

      Partnership's account. That was not true either.


                                   Page 4 of 10
      Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 5 of 10




16.   GEICO asked Defendant Davis to provide proof that he had attempted to

      send the wire to stop the foreclosure and also asked him to provide the

      name of the bank officer who had allegedly stopped the wire from going

      through. Defendant Davis did not- indeed, could not- provide such

      proof because it did not exist.

17.   In an attempt to justify his failure to provide the information that GEICO

      had requested, Defendant Davis made up one false excuse after another.

      First, he blamed an "unexpected family obligation." Then, he claimed that

      he had been" at church" and unable to respond to GEICO' s text messages.

      And later he claimed that "system issues" at the bank had prevented him

      from getting the information.

18.   Defendant Davis continued to make false statements to GEICO concerning

      how much of the $5.91 million was still under his control and where that

      money was located.

19.   Defendant Davis never returned any of the $5.91 million to GEICO.




                                    Page 5 of 10
        Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 6 of 10




                      Execution of the Wire Fraud Scheme

20.    On or about each date set forth below, in the Northern District of Georgia

       and elsewhere, Defendant DAVIS, aided and abetted by others known and

       unknown to the Grand Jury, for the purpose of executing and attempting

       to execute the wire fraud scheme, caused to be transmitted by means of

       wire communication in interstate commerce the writings, signs, signals,

       pictures, and sounds described below:


      Count    Description of Interstate Wire Communication

               $5,910,000 wire transfer on April 27, 2021, from GEICO to
        1
               PIS QOZ Fund 2018-A, LP
               $2,000,000 wire transfer on April 29, 2021, from PIS QOZ Fund
        2
               2018-A, LP to Peachtree Investment Solutions, LLC
               $2,218,000 wire transfer on May 3, 2021, from PIS QOZ Fund
        3
               2018-A, LP to Peachtree Investment Solutions, LLC
               $400,000 wire transfer on May 14, 2021, from PIS QOZ Fund
        4
               2018-A, LP to Peachtree Investment Solutions, LLC
               $100,000 wire transfer on May 24, 2021, from PIS QOZ Fund
        5
               2018-A, LP to Peachtree Investment Solutions, LLC
               $960,000 wire transfer on May 26, 2021, from PIS QOZ Fund
        6
               2018-A, LP to Peachtree Investment Solutions, LLC
               $210,000 wire transfer on July 9, 2021, from PIS QOZ Fund 2018-
        7
               A, LP to Peachtree Investment Solutions, LLC
               Telephone call on July 30, 2021, between Seth Ingall
        8
               and Defendant Dwayne Peterson Davis
               Telephone call on August 5, 2021, between Jeff Cunningham
        9
               and Defendant Dwayne Peterson Davis



                                   Page 6 of 10
        Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 7 of 10




      Count     Description of Interstate Wire Communication

                Telephone call on August 18, 2021, between Jeff Cunningham
       10
                and Defendant Dwayne Peterson Davis


All in violation of Title 18, United States Code, Section 1343 and Section 2.



                               Counts 11 through 16
                               (Money Laundering)

21.    The facts alleged in paragraphs 2 through 19 of this Indictment are

        realleged and incorporated here.

22.     Defendant Davis used proceeds from the wire fraud scheme to pay his

        personal debts and expenses and to pay expenses related to business

        ventures that did not involve the Partnership or GEICO.

23.     On or about each date set forth below, in the Northern District of Georgia

        and elsewhere in the United States, the Defendant, Dwayne Peterson

        Davis, aided and abetted by others known and unknown to the Grand

        Jury, knowingly engaged in and attempted to engage in a monetary

        transaction in criminally derived property of a value greater than $10,000,

        said property having been derived from specified unlawful activity,

        namely, the wire fraud scheme charged in Counts 1 through 10 of this

        Indictment:

                                     Page 7 of 10
       Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 8 of 10




Count Date          Amount & type From                        To
                    of monetary
                    transaction
  11    05/03/21 $1,700,000            Peachtree             Peachtree
                 wire transfer         Investment            Investment
                                       Solutions, LLC        Solutions, LLC
                                       (Cadence Bank,        (Southern First Bank,
                                       account #9501)        account #1782)
  12    05/04/21 $1,667,358.90         Peachtree             A person whose
                 wire transfer         Investment            initials are J.G.A.
                                       Solutions, LLC
                                       (Southern First Bank,
                                       account #1782)
  13    05/06/21 $215,000              Peachtree             Peachtree
                 wire transfer         Investment            Investment
                                       Solutions, LLC        Solutions, LLC
                                       (Cadence Bank,        (Southern First Bank,
                                       account #9501)        account #1782)
  14    05/17 /21 $18,838.75           Peachtree             McArthur Golf Club
                  wire transfer        Investment
                                       Solutions, LLC
                                       (Southern First Bank,
                                       account #1782)
  15    05/17 /21 $21,700              Peachtree             Consilium Partner
                  wire transfer        Investment            Group, LLC
                                       Solutions, LLC
                                       (Southern First Bank,
                                       account #1782)
  16    05/17 /21 $200,000             Peachtree             WW-TW
                  wire transfer        Investment            ENTERPRISES,
                                       Solutions, LLC        L.L.C.
                                       (Southern First Bank,
                                       account #1782)


All in violation of Title 18, United States Code, Section 1957 and Section 2.



                                    Page 8 of 10
      Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 9 of 10




                               For£ eiture Provision

24.   Upon conviction of one or more of the offenses alleged in Counts 1

      through 10 of this Indictment, Defendant Dwayne Peterson Davis shall

      forfeit to the United States, pursuant to Title 18, United States Code,

      Section 981(a)(l)(C) and Title 28, United States Code, Section 2461(c), any

      property, real or personal, which constitutes or is derived from proceeds

      traceable to the offense(s), including, but not limited to, a money

      judgment, that is, a sum of money in United States currency, representing

      the amount of proceeds obtained as a result of the offenses alleged in

      Counts 1 through 10 of this Indictment.

25.   Upon conviction of one or more of the offenses alleged in Counts 11

      through 16 of this Indictment, Defendant Dwayne Peterson Davis shall

      forfeit to the United States, pursuant to Title 18, United States Code,

      Section 982(a)(l), all property, real or personal, involved in said violations,

      or any property traceable to such property, including, but not limited to, a

      money judgment, that is, a sum of money in United States currency,

      representing the amount of proceeds obtained as a result of each offense

      for which the Defendant is convicted.




                                    Page 9 of 10
      Case 1:24-cr-00257-JPB-JSA Document 1 Filed 08/13/24 Page 10 of 10




26.   If, as a result of any act or omission of Defendant Davis, 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 18, United States Code, Section 982(b)(1) and Title 28,

      United States Code, Section 2461(c), to seek forfeiture of any other

      property of Defendant Davis up to the value of the forfeitable property.

                                       A                                 BILL




RYAN K. BUCHANAN




Assistant United States Attorney
Georgia Bar No. 576335
600 U.S. Courthouse
75 Ted Turner Drive SW
Atlanta, GA 30303
(404) 581-6000
russell. phillips@usdoj .gov




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