Criminal Complaint — United States v. Robert Foster, No. 3:05-cr-00013

Summary

A Criminal Complaint against Robert Foster, filed October 19, 2005 as Document 1 in Case 3:05-cr-00013, in the U.S. District Court for the Southern District of Texas. It charges that on or about September 20, 2005, in Galveston County, Foster made a material claim on the Federal Emergency Management Agency for Hurricane Katrina disaster assistance, knowing the claim was false, fictitious, and fraudulent as to his primary residence, in violation of Title 18 United States Code, Section 287. In an attached affidavit, David J. Green, a Special Agent with the Department of Homeland Security Office of Inspector General, describes a $2000 check presented on October 5, 2005, for which Foster obtained a $700 money order and received $1300 cash. It is sworn before Frances Stacy, U.S. Magistrate Judge.

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Case 3:05-cr-00013 Document1 Filed on 10/19/05 in TXSD Page 1 of 3
WAQOI) (Rev_1.0/03)_ Criminal Complaint —

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS
UNITED snares OF AMERICA oa States taurts = CRIMINAL COMPLAINT
: F
Robert Foster OCT 19 2005 Case Number: Hos - Salo M.

Michael N. Milby, Clerk of Court Uw Sealed

Public and unofficial staff access

to this Instrwment are
a

(Name and Address of Defendant)

I, the undersigned complainant, state that the following is true and correct. EBéer OP oS +
knowledge and belief. On or about September 20,2005 in Galveston County, in
(Date)

the Southern District of Texas defendant(s) did,

(Track Statutory Language of Offense)

make a material claim against and upon the Federal Emergency Management Agency, an agency of the United States,
for Hurricane Katrina disaster assistance, knowing that the claim was false, fictitious, and fraudulent in that his primary
residence was not, as the Defendant stated in his claim, 2700 Whitney Avenue, Harvey, Acadia Parish, Louisiana

in violation of Title _18 United States Code, Section(s) 287

I further state thatIam a(n) _Special Agent, Department of Homeland Security OIG and that this complaint is based
Official Title
facts related in the affidavit attached hereto and made a part of this complaint.

\

Signature of Complamant

David J. Green

Printed Name of Complainant

Sworn to before me and signed in my presence,

October 19, 2005 at Houston, Texas
Date City and State

Frances Stacy, U.S. Magistrate Judge Spattciea A. “ y é 7

Name and Title of Judicial Officer Signature of Judicial Officer_/
Case 3:05-cr-00013 Document1 Filed on 10/19/05 in TXSD Page 2 of 3

I, David J. Green, being duly sworn, hereby depose and say:

1,

I am a Special Agent with the United States Department of Homeland Security
(DHS), Office of Inspector General (OIG). I began my employment with the
DHS OIG in June, 2004. I began my federal employment on July 23, 1995, and
since 1995, I have been employed as a United States Border Patrol Agent,
Department of Justice, a United States Department of Labor, Investigator, and a
United States Department of Labor, OIG, Special Agent. The information
contained in this affidavit is based upon my own personal observations and
experience and upon statements made by witnesses and other law enforcement
officers.

On October 6, 2005, I interviewed Ruby Litton, 1612 Bayou Homes Drive,
Galveston, Texas. Litton owns and operates seven duplex units in Galveston,
Texas. Litton explained that Robert Foster signed a leasing agreement and moved
into one of the duplex units located at 1612 Bayou Homes Drive in Galveston on
June 15, 2005, and has been continuously living at that address since then. Litton
said that prior to June 15, 2005, Foster resided in a motel in Galveston, Texas.
Litton said that Foster has five children from three ex-wives in Louisiana but that
he has not resided in Louisiana since at least June 15, 2005, and to her knowledge
has never owned property in Louisiana. Litton said that Foster applied for and
received a $2000 Federal Emergency Management Agency (FEMA) disaster
recovery check after hurricane Katrina.

. On September 20, 2005, Foster submitted FEMA form 90-69,

Application/Registration for Disaster Assistance to FEMA for processing. On the
form 90-69 Foster reported that his primary residence and the location of the
damaged property was 2700 Whitney Avenue, Harvey, Acadia Parish, Louisiana.
I searched various computer databases and determined that an apartment complex
was located at 2700 Whitney Avenue, Harvey, Louisiana. Foster also claimed on
the form that he evacuated to Galveston from Louisiana as a result of Katrina.
Foster also claimed on the form that he lost his permanent employment because of
the disaster and mandatory evacuation.

I discovered that based upon Foster’s FEMA application a check was sent to
Foster on or about September 21, 2005, for $2000.

On October 5, 2005, records indicated that Foster appeared before a bank teller at
Hometown Bank, 1801 45" Street, Galveston, Texas, and presented a United
States Treasury check (check) that displayed check number 222123403733 and
was notated as “DISASTER ASSISTANCE?” in the lower left hand corner. The
check was written to Robert Foster, 1614 Bayou Homes Drive, Galveston, Texas,
77551 and totaled $2000. The bank records indicate that Foster obtained a $700
money order and received $1300 cash as a result of the transaction.
Case 3:05-cr-00013 Document1 Filed on 10/19/05 in TXSD Page 3 of 3

6. Based on the totality of the foregoing facts and circumstances, I believe that
evidence of a violation of Title 18, USC Section 287 exists and there is probable
cause for the issuance of an arrest warrant for Robert Foster.

Further this affiant sayeth not.

David J. Green &
Special Agent
Department of Homeland Security

Subscribed and Sworn to before me this 19" day of October, 2005, and I find

probable cause.

HONORABLE FRANCES H. Y
United States Magistrate Judge


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