Indictment — United States v. Albert Hernandez (Central District of California, Document 1)

Summary

Indictment, Document 1, filed November 15, 2022 in United States of America v. Albert Hernandez, CR 2:22-cr-00537-ODW, U.S. District Court for the Central District of California, returned by the October 2022 Grand Jury. Count One charges that on or about December 16, 2021, the defendant, an employee of the United States Postal Service, stole an article from the mail, namely a 1998 Michael Jordan sports card, under 18 U.S.C. § 1709. Counts Two, Three and Four charge unlawful opening and destruction of mail under 18 U.S.C. § 1703(a) on different dates in December 2021. The indictment also lists 18 U.S.C. § 1708 and includes a forfeiture allegation.

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 2:22-cr-00537-ODW Document 1 Filed 11/15/22 Page 1 of 7 Page ID #:1


                                                                  11/15/2022
 1

 2

 3

 4

 5

 6

 7

 8                          UNITED STATES DISTRICT COURT

 9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

10                             October 2022 Grand Jury

11   UNITED STATES OF AMERICA,               CR 2:22-cr-00537-ODW

12             Plaintiff,                    I N D I C T M E N T

13             v.                            [18 U.S.C. § 1709: Theft and
                                             Embezzlement of Mail by a Postal
14   ALBERT HERNANDEZ,                       Service Employee; 18 U.S.C.
                                             § 1703(a): Opening and Destruction
15             Defendant.                    of Mail by a Postal Service
                                             Employee Without Lawful Authority;
16                                           18 U.S.C. § 1708: Possession of
                                             Stolen Mail; 18 U.S.C. §
17                                           981(a)(1)(C) and 28 U.S.C.
                                             § 2461(c): Criminal Forfeiture]
18

19        The Grand Jury charges:
20                                     COUNT ONE
21                                [18 U.S.C. § 1709]
22        On or about December 16, 2021, in Los Angeles County, within the
23   Central District of California, defendant ALBERT HERNANDEZ, an
24   employee of the United States Postal Service, stole, abstracted, and
25   removed an article from the mail, namely, a 1998 Michael Jordan
26   sports card, contained in mail addressed to J.N., in Pacific
27   Palisades, California, which had come into his possession intended to
28   be conveyed by the United States mail.
      Case 2:22-cr-00537-ODW Document 1 Filed 11/15/22 Page 2 of 7 Page ID #:2



 1                                     COUNT TWO

 2                              [18 U.S.C. § 1703(a)]

 3        On or about December 16, 2021, in Los Angeles County, within the

 4   Central District of California, defendant ALBERT HERNANDEZ, an

 5   employee of the United States Postal Service, unlawfully secreted,

 6   destroyed, and opened mail entrusted to him, which came into his

 7   possession and was intended to be conveyed by the United States mail,

 8   namely, a yellow parcel containing a 1998 Michael Jordan sports card,

 9   a red envelope, and a yellow package.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
                                            2
      Case 2:22-cr-00537-ODW Document 1 Filed 11/15/22 Page 3 of 7 Page ID #:3



 1                                    COUNT THREE

 2                              [18 U.S.C. § 1703(a)]

 3        On or about December 17, 2021, in Los Angeles County, within the

 4   Central District of California, defendant ALBERT HERNANDEZ, an

 5   employee of the United States Postal Service, unlawfully secreted,

 6   destroyed, and opened mail entrusted to him, which came into his

 7   possession and was intended to be conveyed by the United States mail,

 8   namely, a white parcel containing cards.

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
                                            3
      Case 2:22-cr-00537-ODW Document 1 Filed 11/15/22 Page 4 of 7 Page ID #:4



 1                                    COUNT FOUR

 2                              [18 U.S.C. § 1703(a)]

 3        On or about December 18, 2021, in Los Angeles County, within the

 4   Central District of California, defendant ALBERT HERNANDEZ, an

 5   employee of the United States Postal Service, unlawfully secreted,

 6   destroyed, and opened mail entrusted to him, which came into his

 7   possession and was intended to be conveyed by the United States mail,

 8   namely, a white parcel.

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
                                            4
      Case 2:22-cr-00537-ODW Document 1 Filed 11/15/22 Page 5 of 7 Page ID #:5



 1                                    COUNT FIVE

 2                                [18 U.S.C. § 1708]

 3        On or about February 9, 2022, in Los Angeles County, within the

 4   Central District of California, defendant ALBERT HERNANDEZ unlawfully

 5   possessed articles contained within the mail that had been stolen and

 6   taken from the United States mail, namely, 97 sports cards, all

 7   belonging to individuals within Los Angeles County and elsewhere, and

 8   at that time and place, defendant HERNANDEZ knew that said articles

 9   contained within the mail were stolen.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
                                            5
      Case 2:22-cr-00537-ODW Document 1 Filed 11/15/22 Page 6 of 7 Page ID #:6



 1                              FORFEITURE ALLEGATION

 2              [18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)]

 3         1.   Pursuant to Rule 32.2 of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 18,

 6   United States Code, Section 981(a)(1)(C) and Title 28, United States

 7   Code, Section 2461(c), in the event of the defendant’s conviction of

 8   the offense set forth in Count Five of this Indictment.

 9         2.   The defendant, if so convicted, shall forfeit to the United

10   States of America the following:

11              (a)   All right, title, and interest in any and all

12   property, real or personal, constituting, or derived from, any

13   proceeds traceable to the offenses; and

14              (b)   To the extent such property is not available for

15   forfeiture, a sum of money equal to the total value of the property

16   described in subparagraph (a).

17         3.   Pursuant to Title 21, United States Code, Section 853(p),

18   as incorporated by Title 28, United States Code, Section 2461(c), the

19   defendant, if so convicted, shall forfeit substitute property, up to

20   the value of the property described in the preceding paragraph if, as

21   the result of any act or omission of the defendant, the property

22   described in the preceding paragraph or any portion thereof (a)

23   cannot be located upon the exercise of due diligence; (b) has been

24   transferred, sold to, or deposited with a third party; (c) has been

25   placed beyond the jurisdiction of the court; (d) has been

26   ///

27   ///

28
                                            6
      Case 2:22-cr-00537-ODW Document 1 Filed 11/15/22 Page 7 of 7 Page ID #:7



 1   substantially diminished in value; or (e) has been commingled with

 2   other property that cannot be divided without difficulty.

 3

 4                                              A TRUE BILL
 5

 6                                                   /S/
                                                Foreperson
 7

 8   E. MARTIN ESTRADA
     United States Attorney
 9

10

11   SCOTT M. GARRINGER
     Assistant United States Attorney
12   Chief, Criminal Division
13   DAVID T. RYAN
     Assistant United States Attorney
14   Deputy Chief, General Crimes
     Section
15
     KYLE W. KAHAN
16   Special Assistant United States
     Attorney
17   General Crimes Section
18

19

20

21

22

23

24

25

26

27

28

                                            7


File and source

File

1.pdf

Size

245,958 bytes

SHA-256

e011e5ee5eaf08ca9ead981daeb6bf1955eea6acc6e24c4b4f16361a8876079d

Our copy

1.pdf

Original

No public link identified.