Criminal Complaint — United States v. Ross Clayton, Mag. No. 21-13254 (LDW) (D.N.J.)
Summary
A criminal complaint sworn by telephone on August 30, 2021 before Magistrate Judge Leda Dunn Wettre charges Ross Clayton, Mag. No. 21-13254 (LDW), in the District of New Jersey, with wire fraud in violation of Title 18, United States Code, Sections 1343 and 2. Special Agent Bladimir Daza of the Department of Labor Office of Inspector General states that Clayton was an acting supervisor for customer service at a USPS location in Newark when fraudulent California unemployment applications were made. Two debit cards, each funded with approximately $18,000, were mailed to a New Jersey residence and to the USPS location; approximately $18,000 and $11,000 were debited from them. A telephone number subscribed to by Clayton called the issuing bank about those cards and three more, and Clayton identified himself in a photograph at an ATM used for withdrawals on August 16, 2020.
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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA Hon. Leda Dunn Wettre
V. Mag. No. 21-13254 (LDW)
ROSS CLAYTON CRIMINAL COMPLAINT
I, Bladimir Daza, being duly sworn, state the following is true and correct to
the best of my knowledge and belief:
SEE ATTACHMENT A
I further state that I am a Special Agent with the U.S. Department of Labor,
Office of Inspector General, and that this complaint is based on the following facts:
SEE ATTACHMENT B
continued on the attached page and made a part hereof.
Special Agent Bladimir Daza
U.S. Department of Labor
Office of Inspector General
*Special Agent Daza attested to this
Complaint by telephone pursuant to FRCP
4. l(b)(2)(A).
Sworn to and subscribed via telephone, NEW JERSEY
this 30th day of August, 2021 State
HONORABLE LEDA DUNN WETTRE
L<-J~ DunV\ Wt.+-t<t / tD
UNITED STATES MAGISTRATE JUDGE Signature of Judicial Officer
ATTACHMENT A
(Wire Fraud)
From in or about July 2020 through in or about October 2020, in Essex
County, in the District of New Jersey and elsewhere, defendant
ROSS CLAYTON
knowingly and intentionally devised and intended to devise a scheme and artifice
to defraud the State of California and others, and to obtain money and property
by means of materially false and fraudulent pretenses, representations, and
promises, and, for the purpose of executing and attempting to execute such
scheme and artifice to defraud, did transmit and cause to be transmitted by
means of wire communications in interstate and foreign commerce, certain
writings, signs, signals, pictures, and sounds, to wit, a wire transmission sent
on or about August 16, 2020, from a location inside of New Jersey to a location
outside.
In violation of Title 18, United States Code, Sections 1343 and 2.
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ATTACHMENT B
I, Bladimir Daza, a Special Agent with the U .S. Department of Labor,
Office of Inspector General ("DOL-OIG"), having personally participated in an
investigation of the conduct of defendant ROSS CLAYTON ("CLAYTON"), and
having spoken with other law enforcement officers and individuals and
reviewed documents, have knowledge of the following facts. Because this
Complaint is submitted for the limited purpose of establishing probable cause,
I have not included all facts known to m e concerning this investigation. The
contents of documents and the actions, statements, and conversations of
individuals referenced below are provided in substance and in part, unless
otherwise indicated.
1. At all times relevant to this Complaint, CLAYTON was employed as
an acting supervisor for customer service at a USPS location in Newark, New
Jersey {the "USPS Location").
2. On March 27, 2020, the Coronavirus Aid, Relief, and Economic
Security Act "CARES Act" was signed into law. The CARES Act created a new
temporary federal unemployment insurance program called Pandemic
Unemployment Assistance {"PUA"). PUA provides unemployment insurance
benefits ("UIBs") for individuals who are not eligible for other types of
unemployment (e.g., self-employed, independent contractors, gig economy
workers). The CARES Act also created a new temporary federal program called
Federal Pandemic Unemployment Assistance that provides an additional $600
weekly benefit to those eligible for PUA and regular UIBs. Unemployment
Insurance ("UI") is a state-federal program that provides unemployment
insurance benefits ("UIBs") to eligible workers.
3. On or about July 13, 2020, an application was made for UIBs in
the name of Individual 1 to the State of Caljfornia. In response, the State of
California caused a debit card with a number ending in 4239 {'the "4239
Card") to be issued and sent by United States mail to a residence in New
Jersey (the "Residence"). The State of California caused the 4239 Card to be
funded with approximately $18,000. The investigation has determined that the
application was fraudulent and that Individual 1 did not make the above-
referenced application.
4. Between on or about July 26, 2020, and September 22, 2020,
approximately $18,000 was debited from the 4239 Card.
5. Bank records obtained during the investigation reveal that on or
about July 23, 2020, July 26, 2020, July 31 , 2020, and August 1, 2020, a
telephone number (the "Telephone Number") called the issuing bank
concerning the 4239 Card. Records obtained during the investigation
. . revealed
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that the Telephone Number was subscribed to by defendant CLAYTON during
the time of these calls.
6. On or about July 13, 2020, an application was made for UIBs in
the name of Individual 2 to the State of California. In response, the State of
California caused a debit card with a number ending in 5577 (the "5577
Card") to be issued and sent by United States mail to the USPS Location. The
State of California caused the 5577 Card to be funded with approximately
$18,000. The investigation has determined that the application was fraudulent
and that Individual 2 did not make the above-referenced application. ·
7. Between on or about July 26, 2020, and September 22, 2020,
approximately $11,000 was debited from the 5577 Card.
8. Bank records obtained during the investigation reveal that on or
about August 8, 2020, and on or about October 9, 2020, the Telephone
Number called the issuing bank concerning the 5577 Card.
9. The investigation has revealed that the Telephone Number called
the issuing bank concerning three additional debit cards. The investigation
has further revealed that all three of these debit cards: (a) were issued as a
result of a fraudulent application; (b) were each funded with approximately
$18,000; and (c) were not used to withdraw or otherwise access any funds.
10. On or about February 26, 2021, defendant CLAYTON was
interviewed by law enforcement officers (the "February 26, 2021 Interview'').
During the February 26, 2021 Interview, CLAYTON identified himself as the
individual depicted in a photograph at an ATM in New Jersey. Bank records
reveal that in or around the time the picture was taken, withdrawals were
made from that ATM using the 4239 Card and the 5577 Card. The
investigation has revealed that these ATM withdrawals, which occurred on
August 16, 2020, each caused a wire communication from a location inside of
New Jersey to a location outside of New Jersey.
11. In addition, during the February 26, 2021 Interview, defendant
CLAYTON stated, in substance and in part, that: (i)the Telephone Number was
his telephone number; and (ii) he took mail addressed to the Residence from
the USPS Location.
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