Factual Proffer — United States v. Kenny Terlent (S.D. Fla.)

Summary

A factual proffer by Kenny Terlent, his counsel and the United States in Case No. 21-cr-20380, U.S. District Court for the Southern District of Florida, entered on the docket 10/21/2021 as Document 29. It states that a search of Terlent's iCloud account found thousands of unauthorized access devices, including a PDF with personal information of thousands of victims, and that he used a Chime account opened in a victim's name to receive payments from unemployment fraud and COVID fraud. It states that during a search of his residence Terlent threw his cell phone into a lake and that officers found a Glock 19 fitted with an auto sear, which test-firing showed could fire in fully automatic mode. The proffer states Terlent possessed 2,760 unauthorized access devices with the intent to defraud.

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Case 1:21-cr-20380-RAR Document 29 Entered on FLSD Docket 10/21/2021 Page 1 of 5




                             U NITED STAT ES D ISTR ICT C O U R T
                             SO U TH E RN D ISTR ICT O F FL O R ID A

                                   CA SE N O .21-cr-20380-RN S


  UN ITED ST ATES O F A M ER IC A ,



  K EN NY TER I,EN T,
        a/k/a féltenlua ''
        a/k/a Rheadhuncho77oo,''

                D efendant.


                                      FAC TU A L PR O FFE R

         Defendant,KelmyTerlent,a/k/a(tKenLa,''a/k/altheadhuncho77oo''(theûsDefendant'')>his
  counsel,and the U nited States ofA m erica agree that,had this case proceeded to trial,the U nited

  Statesw ould have proven the follow ing facts beyond a reasonable doubt:

         ln thesum m erof2020,1aw enforcem entobtained search w arrantsforthephonesand social

  media accountsofa co-conspirator(CCl)ofthe Defendant. Those phonesand socialmedia
  accounts show ed thatCC 1w asinvolved in access device fraud and aggravated identity theftw ith

  the D efendant,including through the D efendant's use ofhis ow n cellphones and icloud account

  (keM yterlent4oo@ icloud.com). On September 23,2020,1aw enforcementobtained a search
  w arrant for that icloud account,w hich the D efendant later adm itted was his. A review of the

  accountshow ed thatthe D efendantw asin possession ofthousandsofunauthorized accessdevices,

  and thathe possessed those accessdevicesw ith the intentto defraud.

         For instance, during a review of the m aterial obtained from the D efendant's ic loud

  accotmt,law enforcem ent found thatthe D efendant had used a Chim e Accountin the nam e of

  victim J.G.(theECJ.G.ChimeAccounf').Chimeisamobileapplicationthatallowspeopletosend
  and receive m oney - am ong other things. Records received from Chim e show ed thatthe J.G .
Case 1:21-cr-20380-RAR Document 29 Entered on FLSD Docket 10/21/2021 Page 2 of 5



  Chim eAccountwasopenedin J.G.'Snameusinghispersonally identifiableinform ation.However,

  the address and phone num ber on the accountw ere notthose ofJ.G .,butinstead w ere an address

  and phone numberprovided by the Defendant.Based on areview ofdataobtained from Chime,

  the D efendantused the J.G.Chim e A ccount to receive paym ents from unem ploym entfraud and

  COV ID fraud. The D efendant also had num erous conversations related to the use of the

  tmauthorized accessdevices in hispossession.

         D ttring the review of the icloud account, law enforcem ent found tm authorized access

  devicesbelonging to significantly m ore than fifteen victim s,including nnm es,dates ofbirth,and

  socialsecurity num bers belonging to individualsother than the defendant. These access devices

  included thename,address,dateofbirth,and socialsecurity number(endingin4996)belonging
  to victim L.S.V ictim L.S.w asinterview ed by law enforcem entand stated thatshe doesnotknow

  the D efendant,and she did notauthorizetheD efendantto possessoruseherpersonally identifiable

  infonnation.Law enforcementalsolocatedthename,dateofbirth,socialsecuritynumber(ending
  in 8487)and otherinformation belonging to victim K.S. Victim K.S.wasinterviewed by 1aw
  enforcem ent and stated that she does not know the Defendant and she did not authorize the

  Defendantto possessoruse herpersonally identifiable infonnation.

         In addition to the above victim s,the D efendanthad a PD F stored in his icloud titled tcl'm

  Rich Bitch (1.55 ThePDF isa 7,620pagedocumentcontainingthepersonallyidentifiable
  infonnation from thousands of victim s,including their nam es,dates of birth, addresses,social

  security num bers,and other infonnation. On page 1 ofthe PD F,the top ofthe docum entliststhe

  nam e of a m edical facility in Orlando. In that PD F, 1aw enforcem ent found the personal

  informationofvictimsJ.A.(SSN #7157)andD.A.(SSN #3236),includingtheirnames,datesof
  birth,social security num bers,and other inform ation. B oth victinas Nvere intervie&ved by layv
Case 1:21-cr-20380-RAR Document 29 Entered on FLSD Docket 10/21/2021 Page 3 of 5



  enforcem ent,and confirm ed thatthey did notknow the D efendant,and did notauthorize him to

  possess theirpersonalinform ation.

          On June 24,2021,1aw enforcem entexecuted a search w arrantattheD efendant'sresidence.

  That search warrantallowed for the seizure and search of any cellphones located within the

  residence,or on the D efendant's person. During the execution ofthe w arrant,law enforcem ent

  approached the D efendant outside of his residence. The D efendant ran from law enforcem ent,

  slipped,fell,and then threw his cellphone into the lake in hisbackyard.

          Law enforcem ent retrieved the Defendant's cell phone from the lake, and searched it

  ptlrsuantto the search w arrant. W ithin the phone,law enforcem entlocated the accessdevicesof

  atleast 15 orm ore victim s. This included the nam es,dates ofbirth,socialsecurity num bers,and

  other infonnation belonging to individuals other than the D efendant. W ithin that phone,1aw

  enforcementlocatedthefollowingunauthorizedaccessdevices,amongmanyothers:(1)thesocial
  security number(ending in 7330),DOB,and addressesofvictim B.W .;(2)the socialsecurity
  number(endingin 8261),DOB andaddressesofvictim K.S.(differentK.S.than earlier);and(3)
  thesocialseclzritynumber(endingin6572),DOB,andaddressofvictim M .F.ThisP1Icamefrom
  various çscarding''or tûSSN ''w ebsites such as (tunicc.cm ,''and ûtrobocheck.cc.'' The D efendant

  wasnotauthorized by thevictim stopossessthatPII.Further,thephonecontaineda multitudeof

  evidence that these unauthorized access devices w ere used to subm it fraudulent unem ploym ent

  claim s.

          A lso in the D efendant's residence, law enforcem ent located the D efendant's Glock 19,

  bearing serial num ber BB W B707. That G lock 19 had an lûauto sear''affixed to it, which is

  colloquially called a Essw itch.''A n auto searisa device thatallow s sem i-autom atic tireannsto fire

  in fully autom atic m ode. The tireann w asfound w rapped up in a blanket,and hidden in a clothes

  ham per. W ithin the sam e blanketw ere a laptop,and another one ofthe D efendant'sphones. The
Case 1:21-cr-20380-RAR Document 29 Entered on FLSD Docket 10/21/2021 Page 4 of 5




  phonehadaChimecazdin J.G.'Snamewithin thephonecase(thesameJ.G.mentioned above).
  Also, this phone's associated icloud account was kennyterlent4oo@ icloud.com. Law
  enforcem enttest-fired the Glock 19,and confirm ed thatitw as capable offiring in fully autom atic

  m ode,thus qualifying as a m achine gun. The Defendant does not have a perm it to possess a

  m achine gun.

         Based on a review ofthe D efendant's icloud account,law enforcem entdeterm ined that,

  on M arch 27,2021,the D efendant sent a text m essage to a group of associates that included a

  pictureofwhatappearstobethesameGlock(withaûçswitch''installed)thatwasrecovered from
  the D efendant'sresidence. A flersending thatpictlzre,the Defendanttexted ûtswitch on thatGlock

  thatbitch keeps sw itching.'' A lso,w hile review ing the cellphone thatTERLEN T threw into the

  lake,law enforcementlocatedaphotographofwhatappearstobethesameGlock(with ûtswitch''
  installed).
         A lso in the Defendant's residence,in the D efendant's dresser,1aw enforcem ent located

  m ailin otherpeople'snam es,bank docum entsin otherpeople'snam es,3-4 sm allcellphones,one

  round of40 caliberam m unition,and an additionalChim e card in a victim 'snam e.

         O n June 24,2021,the D efendantgave a post-M iranda statem entto law enforcem ent.W ith

  regard to the icloud account,the D efendantconfirm ed thatthatw ashisaccount,and thatthe phone

  num ber associated with the accountw ashis asw ell.

         In all,the D efendant possessed 2,760 unauthorized access devices w ith the intent to

  defraud.Hispossessionofthoseaccessdevicesaffected interstatecommercein that:(1)alarge
  numberofthevictimswerelocated outofstate;(2)theinternet(movingin interstatecommerce)
  wasused to procure anumberofthe unauthorized accessdevices;(3)the barlksthatwerethe
  subjectofthefraud are located in otherstatesand operate in interstate commerce;and (4)the
  D efendantcom m unicated via cellularnetw orks and socialm edia to ftm herhis fraud.

                                                 4
Case 1:21-cr-20380-RAR Document 29 Entered on FLSD Docket 10/21/2021 Page 5 of 5



  request of allnecessary and appropriate docum entation to deliver good and m arketable title,

  consenting to allordersofforfeiture,and notcontesting orim peding in any w ay w ith any crim inal,

  civiloradm inistrative forfeiture proceedings.

                This is the entire agreem ent and understanding betw een this Office and the

  Defendant. Thereareno otheragreements,promises,representations,orunderstandings.


                                              JU AN AN TON IO G ON ZA LEZ
                                              A CTIN G U N ITED STA TES ATTO RN EY


  oate:/D ë z                          By:                                      v'-'
                                                    D IC C .SH AD LEY
                                                   SISTAN T UN ITED STA TES ATTO RN EY




  Date: p kl J/                        By:
                                              AN       W RIER,ESQ.
                                              ATTO RN EY FOR D EFEN DA N T



  o ate,   Inlulpt                     By: &w-                w $ +
                                              K EN N Y TERLEN T
                                              D EFEN D AN T




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