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Home Source documents Government’s Sentencing Memoranda for Tony Mertile, Junior Mertile, Allen Bien-Aime and James Legerme — No. 1:20-cr-00100 (Dkt. 194, D.R.I.)

Government’s Sentencing Memoranda for Tony Mertile, Junior Mertile, Allen Bien-Aime and James Legerme — No. 1:20-cr-00100 (Dkt. 194, D.R.I.)

Summary

In this combined sentencing memorandum (Document 194, filed 03/18/25, District of Rhode Island), the Government asks for low-end Guideline prison terms of 145 months for Tony Mertile and 87 months for Junior Mertile, each including a consecutive 24 months for aggravated identity theft. It also asks for restitution of $4,456,927.36 from each and forfeiture money judgments of $1,214,294.75, as agreed in their plea agreements. The memorandum says the two, with co-defendants Allen Bien-Aime and James Legerme, used fraudulently obtained identities and bank accounts to file thousands of fraudulent benefit claims, primarily for unemployment insurance, and stole at least $4.8 million. The filing is followed by the Government's memoranda asking for 102 months for Bien-Aime (Document 188) and 121 months for Legerme (Document 187), with exhibits.

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 1:20-cr-00100-MRD-PAS              Document 194          Filed 03/18/25      Page 1 of 44 PageID #:
                                               2161


                                     UNITED STATES DISTRICT COURT
                                       DISTRICT OF RHODE ISLAND

      UNITED STATES OF AMERICA                                CR. No.: 20-CR-0020-MRD
                   v.

      TONY MERTILE and
      JUNIOR MERTILE,
                      Defendants.


             GOVERNMENT’S COMBINED SENTENCING MEMORANDUM FOR
                 DEFENDANTS TONY MERTILE and JUNIOR MERTILE

              In accordance with the plea agreements, and for the reasons set forth herein, the

  Government asks the Court:

        ◼ for Defendant Tony Mertile, to impose a low-end Guideline sentence of imprisonment of
          145 months1 (comprised of 121 months for Count 2 (Conspiracy to Commit Wire Fraud),
          plus a consecutive 24 months for Count 9 (Aggravated Identity Theft));

        ◼ for Defendant Junior Mertile, to impose a low-end Guideline sentence of imprisonment of
          87 months2 (comprised of 63 months for Count 2 (Conspiracy to Commit Wire Fraud),
          plus a consecutive 24 months for Count 11 (Aggravated Identity Theft));

  and for each Defendant, to enter an order of restitution for $4,456,927.36; and grant the Motions

  for Preliminary Order of Forfeiture, of specified assets, and the Orders of Forfeiture (Money




  1
   The Presentence Report for Defendant TONY MERTILE currently calculates the Guideline range as 121-
  151 months for Count 2 (Conspiracy to Commit Wire Fraud), plus the consecutive 24 months for Count 9
  (Aggravated Identity Theft), for a combined Guideline range of 145 – 175 months. ECF 181, Presentence
  Report, ¶ 106. The Defendant made various objections, see infra, Section I, Objections. If the Defendant’s
  objections are sustained, and the Guideline range changes, the Government will amend its sentencing
  recommendation at the Sentencing Hearing, to make the agreed-upon low-end Guideline recommendation.
  2
    The Presentence Report for Defendant JUNIOR MERTILE currently calculates the Guideline range as
  63-78 months for Count 2 (Conspiracy to Commit Wire Fraud), plus the consecutive 24 months for Count
  11 (Aggravated Identity Theft), for a combined Guideline range of 87-102 months. ECF 174, ¶ 118. The
  Defendant made various objections, see infra, Section I, Objections. If the Defendant’s objections are
  sustained, and the Guideline range changes, the Government will amend its sentencing recommendation at
  the Sentencing Hearing, to make the agreed-upon low-end Guideline recommendation.


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  Judgment) in the amount of $1,214,294.75,3 as agreed to by the Defendants in their Plea

  Agreements.

             As described herein, co-defendants TONY MERTILE and JUNIOR MERTILE, with

  their co-defendants and other co-conspirators, orchestrated a massive fraud scheme with co-

  defendants Allen Bien-Aime and James Legerme. Using fraudulently obtained identities and a

  network of fraudulently opened bank accounts in the names of others, TONY MERTILE, JUNIOR

  MERTILE, and their co-Defendants, filed thousands of fraudulent claims for government benefits,

  primarily for unemployment insurance relief offered to aid struggling Americans during the

  COVID-19 pandemic. Their criminal conduct was extensive, pervasive, and egregious. In total,

  TONY MERTILE, JUNIOR MERTILE, and their co-defendants stole at least $4.8 million.



      I.     OUTSTANDING OBJECTIONS

           Defendant TONY MERTILE filed a timely objection to the application of a +4

  enhancement under U.S.S.G. § 3B1.1(a) (Aggravating Role Adjustment) and to the lack of a

  reduction under U.S.S.G. § 4C1.1, the Zero Point Offender Guideline. See ECF 163 (Def. Tony

  Mertile’s Objection to PSI Report and ECF 181-3 (Addendum to Presentence Report (PSR)).

           In addition, on March 7, 2025, both Defendants TONY MERTILE and JUNIOR MERTILE

  filed Notices of Notice Of Adoption Of Codefendant Allen Bien-Aime’s Objection To PSI Report

  Regarding +2 Level 2B1.1(b)(11)(A) OR (B). See ECF 190 and 191.



  3
   As set forth in ECF 167 (TONY MERTILE) and 169 (JUNIOR MERTILE), in the Government’s Motions
  For (1) Preliminary Order Of Forfeiture And (2) Order Of Forfeiture (Money Judgment), in their respective
  Plea Agreements (ECF 135 (TONY MERTILE)); 136 (JUNIOR MERTILE), the Defendants agreed to
  forfeiture of specified assets and that an amount of $4,857,191 constitutes proceeds of the conspiracy
  charged in Count 2, and that that each will forfeit a sum of money in the amount of $1,214,294.75 in the
  form of a forfeiture money judgement.


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         Finally, in their respective Memorandum In Aid Of Sentencing And Incorporated Motion

  For Downward Variance (Sentencing Memorandum) (ECF 179 (TONY MERTILE); ECF 180

  (JUNIOR MERTILE)), contrary to well-established law and agreements within their plea

  agreements, the Defendants appear to make two other untimely objections, first as to the

  Sophisticated Means enhancement under U.S.S.G. § 2B1.1(b)(10), and second, as to the

  Defendants’ being responsible for the negotiated and agreed-upon loss amount. See Sentencing

  Memoranda, ECF 179 (TONY MERTILE), ¶ 34, 33, 43; ECF 180 (JUNIOR MERTILE), ¶ 32, 31.

         The Government now responds to these various Objections.

     A. Applicable Law Governing Burden of Proof for Objections to Guideline Calculations

         In considering objections and determining what guideline adjustments apply, the Court

  must find that the Government has made a showing of any fact necessary and relevant to sentencing

  by a preponderance of the evidence. United States v. Flete-Garcia, 925 F.3d 17, 28 (1st Cir. 2019).

  The Court has “considerable discretion” in determining what evidence should be regarded as

  reliable for such fact-finding. Id. at 28. Because at the sentencing phase a defendant has no right

  to confront witnesses against him and sentencing courts may rely on hearsay evidence, see United

  States v. Rodriguez, 336 F.3d 67, 71 (1st Cir. 2003), the Court may appropriately rely on

  documentary information such as the PSR, affidavits, exhibits, and submissions of counsel. United

  States v. Curran, 525 F.3d 74, 78 (1st Cir. 2008) (quoting United States v. Ranney, 298 F.3d 74,

  81 (1st Cir.2002)). The Court may “evaluate virtually any dependable information” to determine

  the probative value of such information with respect to issues material to sentencing. United States

  v. Bradley, 917 F.2d 601, 605 (1st Cir. 1990) (emphasis added); see, e.g., United States v. Acevedo-

  Lopez, 873 F.3d 330, 340 (1st Cir. 2017) (relying upon hearsay proffer of the AUSA).




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         The Court may consider relevant information without regard to its admissibility under the

  rules of evidence applicable at trial, provided that the information has sufficient indicia of

  reliability, U.S.S.G. § 6A1.3(a), including out-of-court statements by witnesses. United States v.

  Lee, 892 F.3d 488, 492 (1st Cir. 2018). Such indicia may include details, internal consistence, and

  corroboration by multiple witnesses. United States v. Green, 426 F.3d 64, 67 (1st Cir. 2005)

  (emphasis added).

         Evaluation of the submitted information need not involve a hearing. Rather, “[a]t

  sentencing, evidentiary hearings are the exception, not the rule.” Flete-Garcia, 925 F.3d at 34

  (citing United States v. Shattuck, 961 F.2d 1012, 1014-15 (1st Cir. 1992)). The parties need only

  have an “adequate opportunity to present information to the court” about any sentencing factor

  that is “reasonably in dispute.” Id. at 35; U.S.S.G. § 6A1.3(a). Where the Government provides

  documentary support sufficient for factual findings, there is no need to “bolster” the evidence by

  calling a live witness. See United States v. Gerante, 891 F.2d 364, 367 (1st Cir. 1989).

      B. Objection to +2 Under U.S.S.G. § 3B1.1(a) (TONY MERTILE) 4

         Defendant TONY MERTILE has objected to the +4 adjustment for his role in the offense

  under U.S.S.G. § 3B1.1(a) at ¶ 61 of the PSR. See ECF 181-1 and ECF 163, Objection to PSI.

         U.S.S.G. § 3B1.1 established a tiered approach for aggravating role enhancements. For

  criminal activity that involved 5 or more participants, or “was otherwise extensive,” a +4

  enhancement applies for a defendant who was an organizer or leader, and a +3 enhancement

  applies for a defendant who was a manager or supervisor. U.S.S.G. § 3B1.1(a) and (b), &

  Application Note 2. For a defendant involved in other criminal activity that did not involve 5 or

  more participants or that was not “otherwise extensive,” and who was an organizer, leader,


  4
    The Government incorporates the Response by the Probation Officer to TONY MERTILE’s U.S.S.G.
  3B1.1(a) Objection in the PSR, ECF 181-3, as if set forth fully herein.

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  manager, or supervisor” of one or more participant, a +2 enhancement applies. U.S.S.G.

  § 3B1.1(c), & Application Note 2.

         For a U.S.S.G. § 3B1.1(a) and (b) role adjustment to apply, the Government must show

  first, the scope of the criminal activity, specifically that it involved 5 or more participants, or was

  otherwise extensive, and second, a defendant’s status in the criminal activity. See United States v.

  Figaro-Benjamin, 100 F.4th 294, 306-08 (1st Cir. 2024); United States v. Coplin-Benjamin, 79

  F.4th 36 (1st Cir. 2023).

         To assess the numerosity aspect of the scope of criminal activity, the Guidelines provide

  that a “participant” is a person who is criminally responsible for the commission of the offense,

  but need not have been convicted.” U.S.S.G. § 3B1.1, Application Note 1).

         To be considered a participant, it is only necessary that an individual gives knowing
         aid in some aspect of the criminal activity. Similarly, an individual can be
         considered a participant when his or her acts “give rise to an inference of complicity
         sufficient to ground a finding that [the individual] was a participant in the criminal
         activities.”

  United States v. Acevedo–López, 873 F.3d 330, 336-37 (2017) (affirming § 3B1.1(a)

  enhancement). See also United States v. Tavares, 705 F.3d 4, 30 (2013) (holding that an

  immunized witness who was part of the criminal activity may be a “participant”). Further,

         [w]ho is considered a member of the conspiracy for purposes of the numerosity
         criterion is to be broadly construed, and all persons involved in the conspiracy—
         including outsiders—can be counted towards considering the conspiracy
         “extensive.” See id. (quoting USSG § 3B1.1 cmt. 3). Courts may look beyond the
         number of participants to evaluate whether a conspiracy was “extensive” by
         considering “the totality of the circumstances, including ... the width, breadth,
         scope, complexity, and duration of the scheme.”

  United States v. Goodwin, 617 Fed. Appx. 12, 15 (1st Cir. 2015).

         For a U.S.S.G. § 3B1.1(a) role adjustment, a defendant must act as either a leader or an

  organizer.



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         A defendant acts as a leader where he “exercise[s] ... some degree or dominance of
         power in a hierarchy” and has “authority to ensure other persons will heed
         commands,” and he “may be classified as an organizer, though perhaps not as a
         leader, if he coordinates others so as to facilitate the commission of criminal
         activity.”

  United States v. Aguasvivas–Castillo, 668 F.3d 7, 15 (1st Cir.2012). See also United States v.

  Poliero, 81 F.4th 96, 100-01 (2023) (rejecting defendant’s claim that he was not a leader /

  organizer and that at most, a manager / supervisor enhancement applied) (citations omitted);

  United States v. Jimenez, 946 F.3d 8, 14-15 (1st Cir. 2019) (affirming the +4 U.S.S.G. § 3B1.1(a)

  leadership enhancement; finding ample evidence that the defendant recruited key players, was the

  common actor in fraudulent activity, and received the largest share of the fraud proceeds). “ [A]

  defendant needs only to have led or organized one criminal participant, besides himself of course,

  to qualify as a leader or organizer under § 3B1.1(a).” United States v. Appolon, 695 F.3d 44, 70

  (1st Cir. 2012); United States v. Coplin-Benjamin, 79 F.4th at 41.

         Furthermore, a conspiracy may have more than one leader. See United States v. Coplin-

  Benjamin, 79 F.4th at 42; United States v. Rodriguez-Reyes, 714 F.3d 1, 13 (2013) (affirming

  application of the leadership enhancement). “The relevant inquiry is only whether [defendant] was

  a leader of the conspiracy, not whether he was the leader. There can be more than one leader of a

  conspiracy.” See United States v. Rodriguez-Reyes, 714 F.3d 1, 13-14 (2013) (emphasis added)

  (affirming the +4 U.S.S.G. § 3B1.1(a) leadership enhancement).

         Application Note 4 of U.S.S.G. 3B1.1 states that:

         In making the determination of whether someone is an “organizer or leader” or
         merely a “manager or supervisor,” courts should consider “the exercise of decision
         making authority, the nature of participation in the commission of the offense, the
         recruitment of accomplices, the claimed right to a larger share of the fruits of the
         crime, the degree of participation in planning or organizing the offense, the nature
         and scope of the illegal activity, and the degree of control and authority exercised
         over others.”



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  However, the First Circuit has cautioned that the list of factors in Application Note 4 “is

  representative rather than exhaustive, and proof of each and every factor is not necessary to

  establish that a defendant acted as an organizer or leader.” See United States v. Coplin-Benjamin,

  79 F.4th at 41 (citations omitted).

          With any of the U.S.S.G. § 3B1.1 aggravating role adjustments, a formal, hierarchy or

  chain of command is not required. United States v. Figaro-Benjamin, 100 F.4th at 306-08. Further,

  multiple persons can serve leadership roles. “[T]he existence of another leader -- even one superior

  to [defendant] in the scheme’s hierarchy -- does not foreclose the possibility of [defendant] also

  acting as a leader.” United States v. Coplin-Benjamin, 79 F.4th at 42.

          The First Circuit has held that it is “a relatively low bar” to show that a defendant exercised

  some control over another criminal actor. United States v. Figaro-Benjamin, 100 F.4th at 307. In

  fact, the supervisory authority may be minimal and may have been exercised on a single occasion

  for a § 3B1.1 enhancement to apply. Id. at 307 (finding that defendant’s “role involved at least a

  minimal degree of control over others, on at least one occasion; defendant’s text messages that

  showed that he sent a taxi to transport two participants to assist with criminal activity, as well as

  text messages in which he advised other participants of a date for activity and questioning when

  another participant didn’t respond promptly.) If a defendant takes a role in recruiting at least one

  person to aid in the conspiracy, that can be sufficient for the a managerial-role enhancement. See

  United States v. Savarese, 686 F.3d at 19-20 (affirming application of U.S.S.G. 3B1.1(c)

  enhancement). In Savarese, the Court rejected the defendant’s claim that the enhancement didn’t

  apply because he didn’t hold any supervisory role, and found that his role in recruiting another was

  sufficient.

          That “[Defendant] was by no means the mastermind of the operation, that is not the
          standard by which “managerial” status is governed. A defendant’s exhibitions of

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          authority need be neither supreme nor continuous; we have even held that, in some
          circumstances, the government need only show by a preponderance of the evidence
          “that the defendant exercised authority or control over another participant on one
          occasion.”

  Id. at 20 (citation omitted). See also United States v. Prange, 771 F.3d at 35 (affirming application

  of U.S.S.G. 3B1.1(c) enhancement, finding that “at a minimum, [defendant] recruited Jordan and

  multiple other executives into this scheme by introducing them to E.H., gauging their willingness

  to issue kickbacks, and recommending them to the agent.”)

          First, as to the number of individuals involved in the criminal activity, in addition to the 4

  defendants charged in this case, the evidence shows that criminal activity involved multiple other

  participants, and certainly more than 5 participants that the U.S.S.G. § 3B1.1(a) enhancement

  requires. Counting each of the 4 charged Defendants, the following 5 participants (T.M., S.A.,

  M.A., P.C., S.S.)5 who texted with TONY MERTILE as shown by the Exhibits 24-28 (described

  below), and Luckson Louissant,6 at a minimum, the criminal activity involved 10 participants.



  5
   Because none of these individuals have been charged, they have been identified by initials in this filing.
  Text messages between TONY MERTILE and each of these participants have been filed (under seal) as
  Exhibits 24-28 to this Memorandum. Each Exhibit identifies the full name of the participant.
  6
   As set forth at pp. 6-7, and Exhibits 1 and 2, to ECF 187, Government’s Sentencing Memorandum
  (Defendant James Legerme), which is incorporated herein by reference, co-defendant Legerme recruited
  his cousin, Luckson Louissaint, to aid him and his co-conspirators. Louissaint created email addresses for
  his co-conspirators. Text messages between Legerme and Louissaint show communications relating to
  Louissaint’s efforts for Legerme, as well as for “T” [Tony MERTILE]; “P” [Junior “Peanut” MERTILE];
  “G,” “Fat Ass,” [uncharged co-conspirator P.C.]. For example, in one text exchange, Legerme and
  Louissaint stated:




  In the text exchange, Legerme was telling LOUISSAINT that he still had email addresses and passwords
  to be used, but that he was giving those email addresses/passwords to “t,” who refers to TONY
  MERTILE, and further explained that he, and his co-conspirators, including “T” [TONY MERTILE]
  owed Louissaint $100 for his work.
  s

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          The facts set forth in Section IIA (Nature and Circumstances of the Offense (18 U.S.C. §

  3553(a)(1))), in ECF 181, the Presentence Report for TONY MERTILE, and summarized below,

  show, well beyond a preponderance that TONY MERTILE was a leader and/or organizer of the

  criminal activity to which he has pled guilty.

      ◼ As shown in Exhibits 24 - 28, TONY MERTILE recruited, directed, and coordinated with

          T.M., S.A., M.A., P.C., S.S. to further the goals of the conspiracy.

              ◼ Exhibit 24 includes excerpts of text messages between Tony MERTILE (using cell
                phone number 3678) and T.M. (referred to in TONY MERTILE’s messages as
                “Mara”).

              ◼ Exhibit 25 includes excerpts of text messages between Tony MERTILE (using cell
                phone number 3678) and S.A. (referred to in TONY MERTILE’s messages as
                “Blac Girl”).

              ◼ Exhibit 26 includes excerpts of text messages between Tony MERTILE (using cell
                phone number 3678) and M.U. (referred to in TONY MERTILE’s messages as
                “Tika”).

              ◼ Exhibit 27 includes excerpts of text messages between Tony MERTILE (using cell
                phone number 3678) and P.C. (referred to in TONY MERTILE’s messages as “Fat
                Ass).

              ◼ Exhibit 28 includes excerpts of text messages between Tony MERTILE (using cell
                phone number 3678) and S.S. (referred to in TONY MERTILE’s messages as
                “Money”).

      ◼ Tony MERTILE’s text messages and phone communications show that he was in contact7
        with each of the co-defendants and communicated with them each about the fraud, whereas
        the evidence does not show that the others communicated to the same extent with each
        other about the fraud scheme.8

  7
   A “contact” can be a call, a text, or a voice mail. Contacts only reflect activity on a cell service network,
  not wi-fi enabled communications.
  8
   To show the frequency of contacts between TONY MERTILE and the other co-defendants, the
  Government provides that following data. According to toll records and pen register data, Bien-Aime and
  TONY MERTILE were in regular contact from at least April 2020 through August 2020. Bien-Aime
  appears, according to toll data, to only be in contact with TONY MERTILE. TONY MERTILE, JUNIOR
  MERTILE, and James Legerme were all in contact with each other. TONY MERTILE (with one of his
  phones, referred to here as Target Telephone 1) and Bien-Aime (Target Telephone 2) had 137 contacts
  between April 14, 2020 and July 4, 2020. From July 4, 2020 through August 15, 2020, TONY MERTILE

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    ◼ The largest volume of evidence and cash was seized from TONY MERTILE’s residence,
      along with a currency counting machine.

    ◼ Cell site location information for the locations identified as banks and withdrawals show
      that Tony MERTILE was in the area of these banks and ATMs more than the other co-
      defendants.


    C. Objection as to Zero Point Offender (TONY MERTILE)

        Defendant TONY MERTILE also objects to lack of a 2 point reduction under U.S.S.G.

 § 4C1.1, the Zero Point Offender provision. In relevant part, U.S.S.G. § 4C1.1 provides that:

         If the defendant meets all of the following criteria:

                (1)    the defendant did not receive any criminal history points from
                Chapter Four, Part A;
                 (10) the defendant did not receive an adjustment under §3B1.1
                (Aggravating Role); and
          decrease the offense level determined under Chapters Two and Three by 2 levels.
 U.S.S.G. § 4C1.1. The Defendant’s role in the conspiracy, and consequent role adjustment under

 U.S.S.G. § 3B1.1(a), makes him ineligible for a reduction under U.S.S.G. § 4C1.1.

    D. Objection as to+2 Under U.S.S.G. § 2B1.1(b)(11)(A) or (B) – Possession and Use of an
       Authentication Feature (TONY MERTIILE and JUNIOR MERTILE)

           The Probation Department has found that a +2 enhancement applies under U.S.S.G.

 § 2B1.1(b)(11)(A). See ECF 181, ¶ 59 (PSR (TONY MERTILE), ECF 174, ¶ 60. Each of the

 Defendants has adopted the argument submitted by co-defendant Allen Bien-Aime. The

 enhancement is properly included in the Guideline calculation for Defendants TONY MERTILE

 and JUNIOR MERTILE, as well as the other co-defendants, for the reasons set forth Section IIA


 (Target Telephone 1) and 9262 (BIEN-AIME’s other phone), had 50 contacts. TONY MERTILE and
 JUNIOR MERTILE had 117 contacts between April 6, 2020 and September 29, 2020. TONY MERTILE
 and Legerme had 570 contacts between April 1, 2020 and October 1, 2020. JUNIOR MERTILE and
 Legerme had 283 contacts between August 21, 2020 and October 1, 2020 (tolls and pen register).


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 (Nature and Circumstances of the Offense (18 U.S.C. § 3553(a)(1))), those provided by the

 Probation Department in Response to the Objection by Defendant Bien-Aime,9 and those that will

 be addressed by the Government at the Sentencing Hearing in Response to arguments raised by

 counsel for Defendant Bien-Aime in his Sentencing Memorandum.

 First,

          [t]he term “authentication feature” means any hologram, watermark, certification, symbol,
          code, image, sequence of numbers or letters, or other feature that either individually or in
          combination with another feature is used by the issuing authority on an identification
          document, document-making implement, or means of identification to determine if the
          document is counterfeit, altered, or otherwise falsified.

 18 U.S.C. § 1028(d).

             As described in greater detail below in Section II (During the course of their fraudulent

 endeavors, the co-defendants, including TONY MERTILE and JUNIOR MERTILE, had

 fraudulent funds deposited into fraudulently opened accounts for which they obtained debit cards.

 To withdraw the fraudulent proceeds, the co-defendants, TONY MERTILE and JUNIOR

 MERTILE, used PIN numbers for the debit cards to withdraw funds. The PIN number, as well as

 any other security features on the debit cards, constitute an authentication feature.

             Next, the language of the Guidelines show that Defendants’ double-counting argument

 also fails. U.S.S.G. § 2B1.1(b)(11) states that an enhancement applies if the offense involved:

          (A) the possession or use of any (i) device-making equipment, or (ii) authentication
          feature;

          (B) the production or trafficking of any (i) unauthorized access device or counterfeit
          access device, or (ii) authentication feature; or

          (C) (i) the unauthorized transfer or use of any means of identification unlawfully to
          produce or obtain any other means of identification, or (ii) the possession of 5 or


 9
  The Government also incorporates the Response to the Bien-Aime Objection by the Probation Officer in
 ECF 172-2, as if set forth fully herein.


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        more means of identification that unlawfully were produced from, or obtained by
        the use of, another means of identification, . . . .

 U.S.S.G. § 2B1.1(b)(11) (emphasis added). Recognizing the potential for impermissible double

 counting, U.S.S.G. §2B1.6. the Guideline for the 18 U.S.C. § 1028A offense, prohibits application

 of specific offense conduct enhancement for “the transfer, possession, or use of a means of

 identification.”

         If a sentence under this guideline is imposed in conjunction with a sentence for an
         underlying offense, do not apply any specific offense characteristic for the
         transfer, possession, or use of a means of identification when determining the
         sentence for the underlying offense.

 U.S.S.G. § 2B1.6 (emphasis added). By its terms, that prohibition is specifically limited to specific

 offense conduct involving the “transfer, possession, or use of a means of identification,” which,

 for U.S.S.G. § 2B1.1(b)(11), would only include subpart (C) of that Guideline. See United States

 v. James, 744 Fed. Appx. 664, 666 (11th Cir. 2018) (“Section 2B1.6 does not bar all sentencing

 enhancement for defendants who are convicted under § 1028A, because not all § 1028A conduct

 involves only the transfer, possession, or use of another person’s means of identification.”). The

 First Circuit has held that U.S.S.G. § 2B1.6 does not prohibit application of an enhancement under

 U.S.S.G. § 2B1.1(b)(11), provided the enhancement is not based on conduct described in subpart

 (C) or the “trafficking” conduct in subpart (B) of U.S.S.G. § 2B1.1(b)(11), neither of which is the

 basis for the enhancement in this case. See United States v. Jones, 551 F.3d 19, 25-26 (1st Cir.

 2008) (applying +2 enhancement for production of a fraudulent license under U.S.S.G. §

 2B1.1(b)(10)(B) (prior version of U.S.S.G. § 2B1.1(b)(11)(B)), and finding that trafficking of

 means of identification was a “transfer” of a means of identification); United States v. Sharapka,

 526 F.3d 58, 61-62 (1st Cir. 2008) (applying +2 enhancement for use of device making equipment

 under U.S.S.G. § 2B1.1(b)(10)(A) (prior version of U.S.S.G. § 2B1.1(b)(11)(A))). Other Circuits



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                                          #: 2173



 have reached the same conclusion. See United States v. Pendergrass, No. 22-13018, 2025 WL

 78172, at *9-10 (11th Cir. January 13, 2025) (recognizing that application of § 2B1.1(b)(11)(A),

 for use of an authentication feature, was proper, and did not constitute double-counting); United

 States v. A.M., 927 F.3d 718, 720-21 (3rd Cir. 2019) (affirming application of +2 enhancement

 under subpart (A) of U.S.S.G. § 2B1.1(b)(11), which was found to be distinct from the conduct in

 subpart (C) of § 2B1.1(b)(11), for which the enhancement would be precluded under U.S.S.G.

 § 2B1.6); United States v. Damyanov, 503 Fed. Appx. 224, 225-26 (4th Cir. 2013) (“§ 2B1.6 does

 not exclude all conduct described in” U.S.S.G. § 2B1.1(b)(11);” affirming +2 enhancement under

 2B1.1(b)(11)(B) based on production).

           In this case, the Government agrees with the Probation Officer that the enhancement

 applies under U.S.S.G. § 2B1.1(b)(11)(A) (“the possession or use of any . . . (ii) authentication

 feature”). As described in the Probation Officer’s response, the Defendants and their co-

 conspirators’ conduct involved a much broader range of conduct than the conduct for which

 application of this enhancement would be prohibit under U.S.S.G. § 2B1.6. Moreover, the

 Defendants and their co-defendants possessed and used the authentication features for the debit

 cards which they used to withdraw fraudulent funds from the fraudulent bank accounts.

           In summary, during the course of the conspiracy, each of the co-defendants, including

 TONY MERTILE and JUNIOR MERTILE, had fraudulent funds deposited into fraudulently

 opened accounts for which they obtained debit cards. To withdraw the fraudulent proceeds, the

 co-defendants, including BIEN-AIME, used PIN numbers for the debit cards to withdraw funds.

 The PIN number, as well as any other security features on the debit cards, constitute an

 authentication feature.




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      E. Objection / Challenge to Sophisticated Means Enhancement Under U.S.S.G.
         § 2B1.1(b)(10) (TONY MERTILE and JUNIOR MERTILE)

         In their respective Sentencing Memoranda, the Defendants claim that “[t]he sophisticated

 means enhancement of +2 levels is also an artificial increase built into USSG 2B1.1 as in any

 computer and internet-based wire fraud prosecution the essential elements of USSG

 2B2.2(b)(10)(C) are present and necessary for the completion of the charge.” See Sentencing

 Memos (ECF 179 (TONY MERTILE), ¶ 34); ECF 180 (JUNIOR MERTILE), ¶ 32). Although

 unclear if the Defendants are making an actual objection to the +2 Sophisticated Means

 enhancement under U.S.S.G. § 2B1.1(b)(10) or are simply attempting to minimize the scope of

 their massive fraud and aggravated identity theft conspiracy, the Court should overrule (if an

 objection is being made) or outright reject any suggestion that the Defendants’ and that the

 enhancement artificially inflates the Guideline range.

         Under U.S.S.G. § 2B1.1(b)(10), the sophisticated means enhancement can apply if any of

 the following three circumstances are present:

       (A)      the defendant relocated, or participated in relocating, a fraudulent scheme
       to another jurisdiction to evade law enforcement or regulatory officials;

       (B)      a substantial part of a fraudulent scheme was committed from outside the
       United States; or

       (C) the offense otherwise involved sophisticated means and the defendant
           intentionally engaged in or caused the conduct constituting sophisticated means.
           ..

 U.S.S.G. § 2B1.1(b)(10). In this case, for the reasons set forth in this Memorandum and in the

 PSRs,10 the +2 enhancement appropriately captures the scope and nature of this fraud and is

 warranted under U.S.S.G. § 2B1.1(b)(10)(C) [Offense Involved Sophisticated Means].


 10
   The Government incorporates the basis for the enhancement in the PSRs, as if set forth fully herein in.
 See PSRs, ECF 181 (TONY MERTILE)¶ 58 and ECF 174 (JUNIOR MERTILE), p. 15 (between ¶ ¶ 59
 and 60)).

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        In finding that offense conduct involved “sophisticated means,” courts have regularly

 focused on the whether the conduct was intended to conceal the offense conduct and/or conceal

 proceeds and whether the conduct was repetitive and coordinated. See United States v. Jimenez,

 946 F.3d 8, 15 (1st Cir. 2019) (“[s]ophisticated means are ‘especially complex or especially

 intricate offense conduct pertaining to the execution or concealment of an offense.’ The conduct

 must involve some greater level of concealment than a typical fraud of its kind.”) (citing Pacheco-

 Martinez, 791 F.3d 171, 179 (1st Cir. 2015)); United States v. Nygren, No. 1:16-cr-00106-JAW,

 2018 WL 1733980, at *8 (D. Me. April 10, 2018) (“Taken together, although not each of these

 means would be extraordinarily sophisticated, the cumulative effect would have been to ‘facilitate

 [tax evasion] and to help conceal his [income and assets].’” (citing and quoting United States .

 George, 841 F.3d 55, 61 (1st Cir. 2016). See also United States v. Presendieu, 880 F.3d 1228,

 1244 (11th Cir. 2018). (“[R]epetitive, coordinated conduct designed to allow [a defendant] to

 execute his fraud and evade detection” may qualify as sophisticated.”); United States v. Meadows,

 866 F.3d at 913, 917 (8th Cir. 2017) (quotations and citations omitted) (“Repetitive and

 coordinated conduct, though no one step is particularly complicated, can be a sophisticated

 scheme. . . .Overall, the sophistication of the offense conduct is associated with the means of

 repetition, the coordination required to carry out the repeated conduct, and the number of

 repetitions or length of time over which the scheme took place.”).

        Although U.S.S.G. § 2B1.1, Application Note 9(B) provides examples of what may

 constitute “sophisticated means,” the First Circuit has repeatedly held that a scheme may viewed

 as “sophisticated” for application of U.S.S.G. § 2B1.1(b)(10), even if the manner in which the

 scheme was executed is not included in the examples in the commentary.




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         The list in the commentary of conduct that warrants the enhancement is not
         exhaustive. The defendant need not have done any of the things listed in order to
         qualify for the enhancement, so long as the offense as a whole shows a greater level
         of planning or concealment’ than a typical fraud of its kind.

 United States v. Pacheco-Martinez, 791 F.3d 171, 178-179 (1st Cir. 2015) (citation and quotation

 omitted). See United States v. Foley, 783 F.3d 7, 25-26 (1st Cir. 2015) (“The enumerated examples

 are by no means exhaustive, and as other circuits have recognized, “the enhancement properly

 applies to conduct less sophisticated” than the examples.”) (citation omitted).11

         As set forth in the PSRs, as summarized in Section IIA (Nature and Circumstances of the

 Offense (18 U.S.C. § 3553(a)(1))), and in this section, the Defendants’ and their co-Defendants’

 conduct was extensive, repetitive, well-coordinated, and was designed to conceal the offense

 conduct. In summary, beginning on a date not later than January 2019, the Defendants began

 amassing an enormous library of fraudulently obtained identities and began a coordinated and

 concealed effort to defraud Government programs. They opened hundreds of bank accounts and

 obtained at least 943 debit cards, all in the names of other persons, primarily identity theft victims.

 They repeatedly applied for benefits from multiple government programs in the names of hundreds

 of identity theft victims, had fraudulently obtained funds deposited into the network of accounts,

 and then worked together to withdraw the funds in cash shortly after they were deposited. This

 massive fraud scheme relied upon and was orchestrated using multiple layers of deception, all



 11
    Other Circuits have similarly held that conduct not referenced in the Guideline Commentary can
 support application of the U.S.S.G § 2B1.1(b)(1)(10) enhancement. See United States v. Milligan, 77 4th
 1008, 1013-1014 (D.D.C. 2023) (finding that the commentary provides examples but that “several of our
 sister circuits agree that the enhancement can apply to conduct less sophisticated than the list articulated
 in the application not. After all, the examples are by their own terms simply illustrative, not exclusive.”);
 United States v. Lopez, 734 Fed. Appx. 674 (11th Cir. 2018) (“the illustrations in the application note are
 non-exclusive”); United States v. Jennings, 711 F.3d 1144, 1147 (9th Cir. 2013) (holding that “the list
 contained in the application note is not exhaustive. We agree with other circuits that the enhancement
 properly applies to conduct less sophisticated than the list articulated in the application note.”) (collecting
 cases).


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 intended to conceal not only the perpetrators of the fraud, but also the disposition of victim funds,

 thereby concealing the ultimate disposition of the funds. The nature and extent of the fraudulent

 acts undertaken, and the duration of time over which the Defendants and their co-conspirators

 successfully concealed their involvement in the fraud supports the enhancement. The planning and

 concealment involved in this scheme far surpassed that required for what may be viewed as

 “simple” fraud, which can be committed by means of an isolated instance of fraud or deceit. In

 addition, the Defendants’ recruited and worked together, and with others, to develop and execute

 a fraud scheme that was premised on multiple layers of deception and coordination to conceal and

 prolong the fraud.

         Courts in the First Circuit have found similar, and even lesser efforts, to conceal and

 coordinate fraud schemes than those undertaken by the Defendants supported application of

 U.S.S.G § 2B1.1(b)(1)(10).12 See United States v. Kitts, 27 F.4th 777, 781, 789-90 (1st Cir. 2022)

 (investment advisor misappropriated funds from three clients, and attempted to conceal her

 embezzlement, by creating a fake company, fake tax forms, and altered accounting statements);

 United States v. George, 841 F.3d 55, 66 (1st Cir. 2016) (defendant diverted funds from a transit

 authority, and used a shell corporation “to facilitate and to help to conceal his perfidy”). See United

 States v. Jimenez, 946 F.3d 8, 15 (1st Cir. 2019) (in a mortgage fraud scheme, defendant recruited



 12
    Similar to the First Court, other Circuits have found that the enhancement applied in fraud and money
 laundering schemes that were equally or less involved and intricate than the conduct perpetrated by the
 Defendant. See United States v. Meadows, 866 F.3d 913 (8th Cir. 2017) (applying the enhancement in
 long term scheme that involved 69 victims to whom the defendant repeatedly lied to perpetrate the fraud
 and conducting lulling payments to conceal the fraud); United States v. Aderinoye, 33 F4th 751, 755 (5th
 Cir. 2022) (finding sophisticated means enhancement applied; defendant’s actions, creating 40+
 fraudulent bank accounts in the names of real and fictitious persons and business entities and transferring
 funds between the accounts, made it more difficult to detect the fraud); United States v. Okeke, 779 Fed.
 Appx. 389, 391-93 (7th Cir. 2019) (applying the enhancement in fraud and money laundering involving
 romance fraud and other fraud, in which defendant engaged in financial transactions below $10,000 to
 avoid the bank’s reporting thresholds and would transfer money to a co-conspirator’s account).


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                                              #: 2178



 straw buyers, and advised mortgagors as to making mortgage payments); United States v. Foley,

 783 F.3d at 25 (in a mortgage fraud scheme, defendant used false disbursement authorization

 forms, false checks, and creating false deposit entries in bank accounts); United States v. Evano,

 553 F.3d 109, 111-13 (1st Cir. 2009) (defendant and his wife engaged in a fraud scheme in which

 they ingested glass and thereafter claimed the glass was from food at hotels and restaurants, and

 submitted fraudulent insurance claims using false names and identifiers; finding that the

 defendant’s use of false names, fake identification, and submission of fraudulent insurance claims

 “was enough to make their scheme more effective and difficult to thwart, and it is enough to justify

 the enhancement).

     F. Objection / Challenge to the Loss Amount (U.S.S.G. § § 1B1.3 and 2B1.1(b)(1)) (TONY
        MERTILE and JUNIOR MERTILE)

         Defendants’ next objection disregards not only the agreement that they made in their

 respective plea agreement, but the plain language of the Guidelines and well-established case law

 regarding loss calculation for members of a conspiracy. In their Plea Agreements, each Defendant

 agreed that:

         Beginning on an unknown date but not later than in or about January 2019 and
         continuing through on or about October 13, 2020 . . . [TONY MERTILE /JUNIOR
         MERTILE], on his own, and in concert with unknown and known persons, including
         Allen Bien-Aime, [Junior Mertile/Tony Mertile], and James Legerme, agreed to and
         did engage in a scheme to defraud and to obtain money by means of materially false
         and fraudulent pretenses, representations, and promises, for benefits and payments
         made available from federal and state government agencies.

 Plea Agreements, ¶ 4a (emphasis added). Despite their agreement to the loss amount, the

 Defendants now challenge the agreed-upon loss amount. Each Defendant now claims that the loss

 amount is artificially high and that his actions are but a small part of the case, that are not accurately

 reflected in the resulting Guideline calculation due to each being held responsible for the full

 conspiracy loss. (ECF 179 (TONY MERTILE), ¶ ¶ 33, 43); ECF 180 (JUNIOR MERTILE), ¶ 31.

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        U.S.S.G. § 2B1.1 defines “loss” as “the greater of actual loss or intended loss.” U.S.S.G.

 § 2B1.1, Note to Table (A). “Actual loss” is defined as “the reasonably foreseeable pecuniary harm

 that resulted from the offense.” Id., at Note to Table. “Intended loss,” by contrast, is defined as

 “the pecuniary harm that the defendant purposely sought to inflict [which] includes intended

 pecuniary harm that would have been impossible or unlikely to occur.” Id., at Note to Table

 (C)(iii). “Since intended loss normally subsumes actual loss, intended loss is often the greater of

 the two.” United States v. Flete-Garcia, 925 F.3d at 28. The Guidelines further explain that

        in the case of a jointly undertaken criminal activity (a criminal plan, scheme,
        endeavor, or enterprise undertaken by the defendant in concert with others, whether
        or not charged as a conspiracy), all acts and omissions of others that were—
                (i) within the scope of the jointly undertaken criminal activity,
                (ii) in furtherance of that criminal activity, and
                (iii reasonably foreseeable in connection with that criminal activity;
        that occurred during the commission of the offense of conviction, in preparation for
        that offense, or in the course of attempting to avoid detection or responsibility for
        that offense.

 U.S.S.G. § 1B1.3(a)(1)(B). The First Circuit has recognized that for conspiracies, loss is

 determined not only by loss occasioned by an individual, but also by those reasonably foreseeable

 acts undertaken by his co-conspirators.

          Section 2B1.1(b)(1) calls for a sentencing court to increase an offender’s offense
          level in theft and fraud cases according to the amount of loss resulting from the
          offense. A defendant in a jointly undertaken criminal activity is liable for the loss
          resulting from acts directly attributable to him and for the loss resulting from the
          reasonably foreseeable acts of others taken in furtherance of the jointly
          undertaken criminal activity. See U.S.S.G. § 1B1.3(a)(1), (3).

 United States v. Codarcea, 505 F.3d 68, 71 (1st Cir. 2007) (finding that defendant’s loss in a fraud

 involving ATM withdrawals, was not limited to the loss that he caused, but that he, as a member

 of the conspiracy, was responsible for the fraudulent banking activity by all conspiracy members).

        In this case, in their plea agreements, each of the Defendants agreed that “Beginning on an

 unknown date but not later than in or about January 2019 and continuing through on or about

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 October 13, 2020 . . . [Defendant], on his own, and in concert with unknown and known persons,

 including [co-Defendants], agreed to and did engage in a scheme to defraud and to obtain money

 by means of materially false and fraudulent pretenses, representations, and promises . . . .” Each

 of the Defendants agreed that the criminal activity was done individually and in concert with the

 other co-defendants, and each agreed that they were involved from the identified start date through

 their arrests. This Court should not permit the Defendants to walk back from the agreements that

 they have made in their plea agreements.

        Next, due to the difficulty in determining the attempted loss, namely identifying each and

 every fraudulent claim, in every state, that was submitted by the co-Defendants and their co-

 conspirators (including rejected claims), the parties agreed upon a loss amount. That loss amount

 represented the amount of fraudulently obtained funds deposited into bank accounts identified

 through the investigation, including accounts associated with the debit cards recovered during the

 search of the Defendants’ homes. The loss in this case is not inflated, in any respect. It is a

 conservative estimate of loss.

        Finally, in two recent, similar COVID-19 unemployment insurance fraud cases, sentencing

 courts rejected the same argument now made by Defendants TONY MERTILE and JUNIOR

 MERTILE. See United States v. Miller, 21-CR-411 (WFK), 2024 WL 2178974, at *2, 4 (E.D.N.Y.

 May 14, 2024) (rejecting the defendant’s claim the he should only be responsible for the $255,212

 loss he caused, not the $1.75 million loss of the conspiracy of which he was a part; finding “the

 Court agrees with the Government that Defendant “is appropriately held responsible for losses he

 personally caused, as well as those he aided and abetted, and those within the scope of jointly

 undertaken criminal activity.”); United States v. Golding, Case No. 22-CR-143 (WFK), 2024 WL

 2178962, *6 (E.D.N.Y. May 13, 2024) (rejecting defendant’s efforts to have only the loss



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                                             #: 2181



 attributable to his actions considered his loss amount; finding that “[t]he more than $1.5 million in

 unemployment benefits obtained by Defendant and his co-defendants was within the scope of the

 jointly undertaken criminal scheme to fraudulently submit claims for unemployment benefits

 utilizing third parties’ PII. The actual loss associated with those fraudulent claims was reasonably

 foreseeable to Defendant.”)

           This Court should reject the Defendants’ efforts to minimize the scope of their fraud and

 their responsibility.



     II.     SENTENCING RECOMMENDATION

             The sentences recommended by the Government is a significant, and a “sufficient but

 not greater than necessary” sentence, taking into account all of the 18 U.S.C. § 3553(a) sentencing

 factors, the Congressional mandate that the sentence for Aggravated Identity Theft, 18 U.S.C.

 § 1028A, and case law re 1028A.

     A. Defendants’ Conspiracy to Commit Wire Fraud Sentences Cannot Be Reduced or
        Lessened Due to 24 Month Sentences to be Imposed for Aggravated Identify Theft.

             As a preliminary matter, the Defendants stand before the Court convicted of Conspiracy

 to Commit Wire Fraud and Aggravated Identity Theft. The sentence for the Aggravated Identity

 Theft conviction must, by statute, be 24 months consecutive to whatever sentence the Court

 imposes for each of the Defendants’ convictions for Conspiracy to Commit Wire Fraud.

             As this Court is aware, in accordance with the penalty provision of 18 U.S.C. § 1028A

 and the case law interpreting that statute, a sentencing court must determine the sentence for Count

 2, Conspiracy to Commit Wire Fraud, the predicate offense in this case, independent of, and

 without regard for, the mandatory minimum sentence to be imposed for the violation of 18 U.S.C.

 § 1028A, Aggravated Identity Theft (Count 9 (TONY MERTILE); Count 11 (JUNIOR METILE),

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 and may not discount or offset the conviction for the predicate offense due to the mandatory

 minimum sentence to be imposed. 18 U.S.C. § 1028A(b)(3) states that:

        in determining any term of imprisonment to be imposed for the felony during which
        the means of identification was transferred, possessed, or used, a court shall not in
        any way reduce the term to be imposed for such crime so as to compensate for, or
        otherwise take into account, any separate term of imprisonment imposed or to be
        imposed for a violation of this section; and

 18 U.S.C. § 1028(b)(3) (emphasis added).

             The Supreme Court, First Circuit, and other Circuits have consistently recognized that

 a sentencing court cannot reduce or offset the sentence to be imposed on a predicate offense due

 to the mandatory minimum sentence to be imposed under 18 U.S.C. § 1028A. In Dean v. United

 States, the Court held that 18 U.S.C. § 924(c), another statute setting a consecutive, mandatory

 minimum, did not prohibit consideration of the mandatory minimum sentence when determining

 sentence on the predicate offense. However, the Court expressly recognized the difference in the

 statutory language of 18 U.S.C. § 1028A and 18 U.S.C. § 924(c), and found that 18 U.S.C.

 § 1028A did not afford sentencing courts the same discretion as courts had under 18 U.S.C.

 § 924(c).

        Congress has shown just that in another statute, 18 U.S.C. § 1028A. That section,
        which criminalizes the commission of identity theft “during and in relation to”
        certain predicate felonies, imposes a mandatory minimum sentence “in addition to
        the punishment provided for” the underlying offense. § 1028A(a)(1). It also says
        that the mandatory minimum must be consecutive to the sentence for the underlying
        offense. § 1028A(b)(2). So far, § 1028A tracks § 924(c) in relevant respects. But §
        1028A goes further: It provides that in determining the appropriate length of
        imprisonment for the predicate felony “a court shall not in any way reduce the term
        to be imposed for such crime so as to compensate for, or otherwise take into
        account, any separate term of imprisonment imposed or to be imposed for a
        violation of this section.” § 1028A(b)(3).

 Dean vs. United States, 581 U.S. 62, 70 (2017). The First Circuit has also recognized this statutory

 mandate, finding that a sentencing court may not consider the mandatory minimum sentence to be



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                                            #: 2183



 imposed under 18 U.S.C. § 1028A, when determining the sentence for enumerated predicate

 offenses, such as Conspiracy to Commit Wire Fraud. See United States v. Vidal-Reyes, 562 F.3d

 43, 54 (1st Cir. 2009) (holding that sentencing courts has authority to consider the § 1028A

 mandatory minimum sentence when determining sentences for non-predicate offenses, but not for

 predicate offenses). As the First Circuit observed, “a major concern of § 1028A(b)(3)’s drafters

 was to ensure, by making the sentences truly cumulative, that prosecutors had an incentive to

 charge both the aggravated identity theft violation and the underlying predicate felony or felonies.”

 Id. (construing H.R.Rep. No. 108-528, at 10, to show that the bill amended Title 18 to provide for

 a “mandatory consecutive penalty enhancement of 2 years for any individual who knowingly

 transfers ... the means of identification of another person in order to commit a serious Federal

 predicate offense”). Other Circuits have held the same. The Third Circuit has held that:

        There is no doubt that § 1028A(b)(3) “bar[s] consideration of a mandatory
        minimum” during sentencing for the predicate felony.9 The Supreme Court as well
        as the First, Seventh, Eighth, Ninth, and Tenth Circuits have explained that under
        § 1028A, a sentencing court cannot reduce the sentence it would have otherwise
        imposed on a predicate conviction because of the knowledge of a defendant’s two-
        year mandatory minimum sentence for aggravated identity theft.

 United States v. Yusuf, 781 Fed. Appx. 77, 80 (3rd Cir. 2019) (unpublished) (vacating sentencing

 and remanding; finding that the district court improperly considered the mandatory minimum

 sentence to be imposed under 18 U.S.C. § 1028A when imposing sentence on the predicate

 offense). Similarly, the Tenth Circuit found that:

        Indeed, we indicated in [United States v. Smith, 756 F.3d 1179, 1185–87 (10th Cir.
        2014)] that § 1028A(b)(3)’s plain language “does” precisely “what it says”: it
        “prevent[s] a sentencing court from taking account of § 1028A[ (a)(1) ]’s
        mandatory minimum[ ] when considering a sentence for predicate offenses” such
        as bank fraud. And we noted in Smith that our sister circuits have reached the same
        conclusion. . . . . Thus, we hold that § 1028A(b)(3) prohibited the district court *437
        from considering § 1028A(a)(1)’s two-year sentence for aggravated identify theft
        in crafting Lara’s sentences for bank fraud.



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 United States v. Lara, 733 Fed. Appx. 433 (10th Cir. 2018) (unpublished) (same) (collecting

 cases).

    B. Nature and Circumstances of the Offense (18 U.S.C. § 3553(a)(1))

           The “nature and circumstances of the offense” are egregious and compelling and

 warrant a significant, lengthy period of incarceration.

           For most Americans, the COVID-19 pandemic resulted in an unprecedented time of

 financial hardship, turmoil, and suffering, but for the Defendants and their conspirators, it

 constituted a lucrative opportunity to enrich themselves with funds intended for unemployed

 workers. While most individuals were sheltering in place, taking care of loved ones, and often

 making tough financial sacrifices, the Defendants and their co-conspirators collaborated amongst

 themselves, and with others, to take advantage of programs meant to help those in need and did so

 for their own selfish purposes. The Defendants’ conduct victimized numerous government entities,

 and countless individuals, whose personal identifying information (PII) was used by the

 Defendants and their co-defendants.

           As the pandemic ravaged the country, Congress appropriated billions of dollars to create

 or supplement government relief programs. Because this assistance was desperately needed by

 unemployed workers, independent contractors, nonprofits, and small businesses for their survival,

 the government made a policy decision to deliver the relief on an unprecedented scale as quickly

 as possible. In the spring of 2020, Congress passed the Coronavirus Aid, Relief and Economic

 Security (CARES) Act, which provided for a variety of economic benefits to struggling Americans

 during a time of severe negative economic impact as a result of the COVID-19 pandemic. At the

 time, the federal government had taken several steps to mitigate the effects of the pandemic on

 businesses and workers. The Families First Coronavirus Response Act (FFCRA) and Coronavirus



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 Aid, Relief, and Economic Security (CARES) Act provided additional funding to assist workers

 who were unemployed/had hours cut as a direct result of the COVID-19 pandemic. The money

 was distributed to the state workforce agencies (SWAs) which handled the disbursement of

 traditional (state) Unemployment Insurance (UI) benefits, and the SWA disbursed the additional

 federal benefits. The CARES Act allowed states to expand the scope of workers who were eligible

 to receive state UI benefits, to extend the period of time for which workers could be eligible for

 UI benefits, and to allow workers who may have exhausted UI benefits under traditional programs

 to receive benefits. The CARES Act further expanded the ability of states to provide benefits to

 unemployed workers by creating three new unemployment programs, namely, the Pandemic

 Unemployment Assistance (PUA) program, which permitted states to provide benefits to

 individuals who were self-employed, seeking part-time employment, or otherwise would not

 qualify for regular unemployment benefits; the Federal Pandemic Unemployment Compensation

 (FPUC) program, which provided an additional benefit, initially in the amount of $600 and later,

 in the amount of $300, in federal benefits to individuals collecting traditional UI program

 benefits or PUA benefits; and the Pandemic Emergency Unemployment Compensation

 (PEUC) program, which provided additional weeks of benefits for individuals who had

 otherwise exhausted their entitlement to regular UI benefits (collectively referred to herein

 as “expanded pandemic UI benefits”). This legislation was much needed, as millions of

 unemployed workers across the United States turned to the unemployment insurance program as

 their jobs were imperiled by the effects of the pandemic.

           It was within this backdrop that the conspirators concocted and executed a scheme to

 unjustly divert finite unemployment insurance benefits from unemployed workers to themselves.

 Exploiting vulnerabilities in the execution of this massive relief effort, the Defendants and their



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 conspirators devised and repeatedly executed a fraud scheme targeting COVID-19 reliefs,

 including the Pandemic Unemployment Assistance Program. Specifically, the Defendants and

 their conspirators:

        ◼ obtained through various means the PII, including dates of birth and Social Security
        numbers, of identity theft victims;

        ◼ in preparation of submitting fraudulent applications to various state workforce agencies
        for unemployment benefits, the conspirators created and maintained email accounts to
        facilitate communications with state workforce agencies in the names of those for whom
        the conspirators had obtained PII;

        ◼ filed materially false and misleading unemployment applications with multiple state
        workforce agencies using the PII of identity theft victims in their possession, and on these
        applications, the conspirators provided fabricated employment and wage history, along
        with false contact information, such as physical and mailing addresses, email addresses,
        and phone numbers that did not, in fact, belong to the purported applicant;

        ◼ falsely certified the truth and accuracy of all the information included in the
        aforementioned applications, such as the purported applicants’ eligibility to receive the
        benefits when, in truth and in fact, the conspirators then and there well knew that the
        information was not true and accurate, the purported claimants were not eligible for the
        requested benefits, and those benefits were actually being paid to conspirators and not the
        purported claimants;

    ◼ opened and created bank accounts using the PII of identity theft victims, and obtained debit
      cards for those bank accounts, and directed the state workforce agencies to directly deposit
      the benefit payments to the bank accounts in the names of others and/or in bank accounts
      controlled by them;

    ◼ once their fraudulent applications were approved, the conspirators kept, maintained, and
      shared amongst themselves possession of the prepaid debit cards loaded with benefit
      payments, and the conspirators distributed the fraud proceeds amongst themselves and
      others; and

    ◼ for many of the approved applications, the conspirators would often double down on, and
      repeat their fraud by submitting weekly recertifications of unemployment status to the state
      workforce agencies, falsely claiming that the purported claimant was still unemployed and
      entitled to receive additional unemployment benefits.

 Given the scope of and means by with the Defendants and their co-conspirators committed this

 massive fraud, the Government was unable to fully identify the full amount of actual and attempted



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                                            #: 2187



 losses. However, the Government was able to determine, through analysis of bank records, and

 the parties have agreed to a loss amount of $4,857,191, which is based on the actual loss amount

 determined from review of a myriad of bank records. Therefore, the Defendant stands before this

 Court for being part of a conspiracy that stole nearly $5 million.

           As laid out above and in the PSR, the conspirators’ scheme was labor intensive,

 sophisticated, and multifaceted – recruiting co-conspirators and other participants to aid in their

 enormous fraud, obtaining PII through various means, maintaining and distributing the PII

 information amongst members of the conspiracy, preparing and submitting fraudulent applications

 for hundreds of purported claimants, recertifying fraudulent applications on a weekly basis,

 creating and maintaining email accounts to facilitate communications with the state workforce

 agencies, forging and falsifying documents to substantiate the false information provided in the

 fraudulent applications, and maintaining and distributing prepaid debit cards and the fraud

 proceeds amongst the members of the conspiracy. The repetitive, continuous nature of the fraud

 makes clear that the conspirators’ criminal conduct was not a product of a momentary lapse of

 judgment; instead, it was a rational, deliberate choice that the conspirators knowingly and willfully

 made over and over again. The volume, duration, and scope of the conspirators’ scheme is

 staggering and indicative of the greed motivating the conspirators’ criminal conduct.

           By looting the unemployment program, the conspirators repeatedly stole finite funds

 from those who needed it the most during the pandemic, and their relentless pursuit of these funds

 showed a callous disregard to unemployed workers, identity theft victims, state workforce agencies

 – who had the daunting task of administering an unprecedented relief effort – and American

 taxpayers, whose earnings underlie the funds in question. Through their criminal conduct, the

 conspirators interfered with and undermined the federal government’s efforts to provide necessary



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                                             #: 2188



 and urgent relief to Americans harmed by the pandemic. The nature and circumstances of the

 offense well support a substantial sentence for each conspirator.

            The evidence recovered from Defendants’ TONY MERTILE and JUNIOR MERTILE’s

 homes, and from the homes of their co-defendants, home, as well as review of bank records for

 accounts associated with the Defendants (fraudulently opened accounts and accounts in their

 names) show that the Defendants and their co-conspirators, had been using fraudulently obtained

 PII to obtain fraudulent payment from multiple federal and state government agencies prior to the

 pandemic, as early as January 2019.13 As a result, the when the COVID-19 pandemic began, the

 Defendants used their knowledge, and established systems, to defraud the Government programs

 to aid those struggling with COVID-19 pandemic.14

            Defendants TONY MERTILE, JUNIOR MERTILE, and their co-conspirators used a

 network of bank accounts to steal at least $4.8 million in COVID-19 relief funds and other

 government program funds, and to pass the fraud proceeds through various accounts and to each

 other. When search warrants were executed at the homes of the 4 co-Defendants, investigators

 recovered a total of 994 debit cards from multiple banks, shown below, most of which were in the

 names of third parties and had been used to obtain fraudulent expanded pandemic UI benefits.




 13
   The Defendants each agreed that their criminal conduct between on an unknown date but not later than
 in or about January 2019. See Plea Agreements, ¶ 4a.
 14
   In their Plea Agreements, each of the Defendants have agreed to engaging in activity “beginning on an
 unknown date, but not later than January 2019 and continuing through on or about October 13, 2020,”
 which was the date of the arrests of J Legerme, T. Mertile, and J. Mertile. See Plea Agreements, ¶ 4a.


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           Moreover, ATM surveillance footage shows each of the four co-defendants, including

 Defendants TONY MERTILE and JUNIOR MERTILE, making ATM withdrawals using debit

 cards from fraudulently opened bank accounts, in other persons names, into which fraudulent

 expanded pandemic UI benefits were made, also in names of other persons. For many of these

 ATM transactions, the vehicles registered to the Defendants or spouses, or in one instance that had

 been rented by JUNIOR MERTILE, can been seen on the surveillance footage. Further, cell site

 location data for cell phones used by each of the Defendants showed that those phones were in the

 vicinity of ATMs when withdrawals were made from fraudulently opened account into which

 fraudulent UI benefit payments had been deposited. Cell site location data also shows Defendant

 Legerme’s vehicle infotainment system in the area of fraudulent withdrawals. In the case of

 Defendants TONY MERTILE and Allen Bien-Aime, on at least two instances, bank surveillance

 footage shows them making withdrawals using the same debit card.

           Examples of how Defendants TONY MERTILE and JUNIOR MERTILE, and their co-

 defendants used the network of bank accounts fraudulently opened and debit cards obtained in the



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                                          #: 2190



 names of others are set forth below. The Government notes that these graphics are merely three

 examples of the hundreds of bank accounts opened and used by the Defendants, which were

 prepared in preparation for the October 2020 search warrants.

           The graphic below shows the receipt of fraudulent deposits from the Rhode Island

 Department of Labor and Training (RIDLT) and the Internal Revenue Service (IRS) in the two

 SunTrust accounts opened in the name of identity theft victim C.C. From February 20, 2020 (note:

 before the pandemic) through April 2020, $9,380 in multiple withdrawals were made from Acct-

 7343 (C.C.), along with account fees and a purchase. ATM surveillance footage shows that, using

 a debit card for the account, TONY MERTILE withdrew funds from Acct-7343 (C.C.) on March

 11, 2020 and that Allen Bien-Aime withdrew funds from Acct-7343 (C.C.) April 24, 2020.




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          The next graphic below shows the receipt of fraudulent deposits from RIDLT and

 DOT/IRS in the two SunTrust accounts fraudulently opened in the name of identity theft victim

 C.O. From February 2020 (note: before the pandemic) through April 2020, $5,060 in multiple

 ATM withdrawals were made from Acct-8381 (C.O.), and account fees were withdrawn from the

 account. SunTrust ATM surveillance footage shows that, using a debit card, TONY MERTILE

 withdrew funds from Acct-8381 (C.O.) on March 28 and April 21, 2020, and that Bien-Aime

 withdrew funds from Acct-8381 (C.O.) on April 24, 2020.




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           The third graphic shows the receipt of fraudulent deposits from RIDLT and DOT in the

 two SunTrust accounts fraudulently opened in the name of identity theft victim R.C. From January

 29, 2020 (note: before the pandemic) through April 2020, $5,900 in withdrawals were made from

 Acct-4445 (R.C.) in multiple transactions. As shown below, JUNIOR MERTILE was observed

 making multiple ATM withdrawals from Acct-4445 (R.C.) on April 14, 15, 21, and 22, 2020.




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            On October 13, 2020, search warrants were executed at the residences of the

 Defendants. Among the evidence seized at TONY MERTILE’s residence, the investigative team

 found:

          ◼ $943,000 in cash and a currency counting machine. See Exhibits 1-5 for examples of
            how this cash was stored.

             o Of note, leading to the execution of the search warrants, Defendant TONY
               MERTILE did not have an income that would support this level of cash in his home.
               He had reported that he is self-employed and earned $4,000 - $5,000 per
               month/$48,000 - $60,000 annually at a business with the name “Fly Boyz,” which
               is the same name as used by the business with which his co-Defendants JUNIOR
               MERTILE and James Legerme are also associated, and was the name of the rap
               group in which they were all members. The cash that was found in TONY


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                                           #: 2194



                  MERTILE’s home, in bags and boxes, would be equal to approximately 15 years
                  of income from his reported business.

        ◼ A large collection of jewelry with an estimated value over $250,000 including gold
          chains, Rolex watches, and rings. See Exhibits 6-7.

        ◼ A large number of debit cards in the name of other persons, from multiple banks, Chime
          Bank, Wells Fargo bank, SunTrust bank. See Govt. Exhibits 14-17.

        ◼ Multiple flip style cell phones marked with telephone numbers, including with Rhode
          Island area code (401), and what appeared to be a pin taped to each phone. See Exhibits
          10-13.

        ◼ A notebook / ledger that appears to identify Green Dot and Go Bank accounts, among
          others, to which fund were deposited, uploaded, closed, and sent. See Exhibit 8.

        ◼ Checks from Sun Trust in the names of other persons, including persons whose names
          were used to open fraudulent Sun Trust accounts and into which fraudulent RIDLT UI
          benefits were directed. See Exhibits 18-19.

        ◼ 5 firearms. One gun was found under the front seat of his vehicle, two guns were found
           in a kitchen cabinet, and 2 guns were found in a crawl space in the closet of the
           bedroom. See Exhibit 20. Three children were present in the house with these unsecured
           firearms – an infant, a 3 year old, and a six year old.

 Selected images of the items seized from TONY MERTILE’s residence are copied below, and a

 fuller set of images will be filed under seal (due to the PII within the exhibits) as Government

 Exhibits 1-20.

                               From TONY MERTILE’s Residence




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                                        #: 2195




         At JUNIOR MERTILE’s residence, among the evidence seized, investigators founds:

       ◼ $141,038.00 in U.S. currency and a currency counting machine;

       ◼ Flip phones and multiple iPhones, and other digital devices;

       ◼ Multiple Chime and GoBank debit cards, including in the names of others; and a
         notebook containing PII.



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                                        #: 2196



 Images of some of the items seized from JUNIOR MERTILE’s residence, including debit cards,

 are copied below.

                            From JUNIOR MERTILE’s Residence




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                                          #: 2197




           In addition, text messages recovered from cell phones seized during the searches of all

 co-Defendants showed many text messages between them in which they discussed details of the

 fraud scheme and exchange PII of identity theft victims. Although a summary of these messages

 has been described in the PSR at ECF 181, PSR (TONY MERTILE), ¶ ¶ 41-43; ECF 174, PSR

 (JUNIOR MERTILE), ¶ ¶ 44-46, the Government has attached excerpts of the text messages in

 which Defendants TONY MERTILE and JUNIOR MERTILE discuss the fraud and share

 information with each other and with co-conspirators. These Exhibits are submitted under seal due

 to the PII contained therein. Exhibits 21 (Excerpts of Text Messages between TONY MERTILE

 and JUNIOR MERTILE), 22 (Excerpts of Text Messages between TONY MERTILE and James

 Legerme), and 23 (Excerpts of Text Messages between TONY MERTILE and Allen Bien-Aime).

           Finally, the full means by which the Defendants obtained PII of hundreds of individuals

 will probably never be fully known. However, as set forth in the PSRs, during execution of the

 search warrant on Defendant Legerme’s home, a PNC debit card in the name of a victim of identity

 theft, R.S. was recovered. The investigation showed that the PNC card in the name of R.S. was

 used to purchase access to accounts with Been Verified and Intelius, services through which


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                                            #: 2198



 persons can purchase PII. For example, the following accounts were created: Intelius LLC / People

 Connect (in the name of Allen Bien-Aime) created on December 31, 2018; from Intelius LLC /

 People Connect (in the name of R.S. created on 8/30/2019), and Been Verified (in the name of

 R.S. created on August 30, 2019).

    C. Need to Afford General and Specific Deterrence (18 U.S.C. § 3553(a)(2)(B))

        Under 18 U.S.C. § 3553(a)(2)(B), there is a need “to afford adequate deterrence to criminal

 conduct.” A significant sanction needs to be imposed to send a signal to others who would

 contemplate engaging in wire fraud and aggravated identity theft, and to this Defendant to never

 return to this type of criminal activity. In this respect, the Government submits that for each of the

 Defendants a low-end Guideline sentence on Count 2, followed by the consecutive, mandatory 24-

 month term for the Aggravated Identity Theft count (Count 9 (TONY MERTILE); Count 11

 (JUNIOR METILE) is appropriate in this case.

        General deterrence is particularly important sentencing factor in fraud cases such as this

 one because it is viewed to be effective. The deliberate nature of fraud often renders it more

 difficult to uncover, since individuals engaged in fraud take affirmative steps to conceal their

 identities and conduct. The First Circuit, among others, has “emphasized the importance of general

 deterrence of white collar crime.” United States v. Prosperi, 686 F.3d 32, 47 (1st Cir. 2012); see

 also United States v. Mueffelman, 470 F.3d 33, 40 (1st Cir. 2006) (stating that “the deterrence of

 white collar crime” was “of central concern to Congress”); also United States v. Landry, 631 F.3d

 597, 607 (affirming wire fraud and aggravated identify theft sentence; finding that the district court

 did not err in considering the need for the sentence to afford deterrence in an aggravated identity

 theft case); United States v. Martin, 455 F.3d 1227, 1240 (11th Cir. 2006) (“Because economic

 and fraud-based crimes are ‘more rational, cool, and calculated than sudden crimes of passion or



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 opportunity’ these crimes are ‘prime candidates for general deterrence.’ ” quoting Stephanos

 Bibas, White-Collar Plea Bargaining and Sentencing After Booker, 47 Wm. & Mary L. Rev. 721,

 724 (2005)).

         The COVID-19 pandemic and programs created to aid struggling Americans citizens,

 residents, and businesses, led to a surge in identity theft and fraud against government programs

 in 2020 and thereafter, resulting in estimated hundreds of billions of total losses.15 Despite its best

 efforts, law enforcement will not ever be able to identify, catch, and convict all of the opportunistic

 fraudsters who made off with taxpayers’ funds during the pandemic. The case against these

 Defendants, and their co-conspirators, presents a worthwhile opportunity for the Court to impose

 a sentence that will grab the attention of those who may be considering similar crimes. The

 recommended sentence of imprisonment for this fraud scheme is “sufficient, but not greater than

 necessary” to deter this Defendant, and other who may consider engaging in similar conduct.

      D. Need to Reflect the Seriousness of the Crimes, Promote Respect for the Law, and Need to
         Provide Just Punishment (18 U.S.C. § 3553(a)(2)(C))

            The Defendants’ crimes are unquestionably serious. During the height of the COVID-

 19 pandemic, the Defendants’ and their conspirators countlessly executed a fraud scheme targeting

 state workforce agencies that were administering COVID-19 relief to unemployed workers. The

 conspirators unjustly diverted at least $4,857,191 in unemployment benefits from overburdened

 government agencies and desperate, unemployed workers to themselves. By numbers alone, the

 criminal conduct is extremely serious, but the harm in this case cannot be measured solely by




 15
   See Richard Lardner et al, The Great Grift: How billions in COVID-19 relief aid was stolen or wasted,
 Associated Press, June 12, 2023, https://apnews.com/article/pandemic-covid19-fraud-small-business-
 inspector-general-7e651b3e405863f0be9f2e34ca47b93e


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 financial losses. The defendants’ criminal conduct imposed other non-pecuniary harms on primary

 and secondary victims.

        First, by flooding state workforce agencies with hundreds upon hundreds of fraudulent

 unemployment applications, the defendant raised administrative costs for these agencies, likely

 delaying the approval of legitimate applications by unemployed workers. This harm is far from

 theoretical. Facing lengthy delays in the adjudication of unpaid claims, genuinely unemployed

 workers initiated class action litigation against the VEC during the pandemic in order to obtain

 unemployment benefits owed to them in a timely manner. As United States District Court Judge

 Henry E. Hudson aptly observed in the separate class action on this matter, “the unprecedented

 COVID-19 pandemic and pandemic-related restrictions caused a significant increase in

 unemployment claims and overwhelmed unemployment compensation programs nationwide,

 including in Virginia.” Cox et al. v. Hess, Case No. 3:21-cv-253-HEH, Dkt. No. 25 at 1 (Order).

 The Defendants’ sentences must reflect the harm to unemployed workers who suffered lengthy

 delays in the approval of their legitimate unemployment claims and the receipt of much needed

 benefits due to the increase in administrative costs on state workforce agencies caused by the

 conspirators’ submission of numerous fraudulent applications.

        Second, although the identity theft victims in this case did not directly suffer a financial

 loss to the Government’s knowledge, being the victim of identity theft is truly a life altering

 experience, nonetheless. In addition to potential financial harm, many victims of identity theft

 suffer devastating emotional and psychological trauma from these crimes, resulting in feelings of

 anger, fear, anxiety, depression, confusion, and more. Moreover, the conspirators filing claims

 using the PII of identity theft victims potentially hampered the ability of these individuals to obtain




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                                           #: 2201



 unemployment benefits and created potential tax liabilities for victims who never knew of or

 received the unemployment benefits obtained in their names.

        Fourth and finally, while the state workforce agencies and identity theft victims are the

 ostensible victims in this case, the Defendants and their co-conspirators also defrauded American

 taxpayers whose earnings underlie the government program in question. In sum, the Defendants’

 crimes are serious and deserving of a lengthy term of imprisonment.

    E. Need to Avoid Unwarranted Sentencing Disparities (18 U.S.C. § 3553(a)(6))

           Under 18 U.S.C. § 3553(a)(6), there is a need to “avoid unwarranted sentence disparities

 among defendants with similar records who have been found guilty of similar conduct.” “Section

 3553(a)(6) ‘is primarily aimed at national disparities, rather than those between co-defendants.’”

 United States v. Reyes-Rivera, 812 F.3d 79, 90 (1st Cir. 2016) (affirming 242 month sentence for

 $22 million Ponzi scheme) (citing United States v. Marceau, 554 F.3d 24, 33 (1st Cir.2009)). See

 also United States v. Munyenyezi, 781 F.3d 532, 545 (rejecting claim that disparity refers to

 disparity among sentences within a district; finding that 18 U.S.C. § 3553(a)(6) “primarily refers

 to national disparities among similarly situated defendants.”)

           Within this District, conspiracy to commit wire fraud cases are not novel. However, the

 backdrop of the COVID-19 crisis in the United States is unique. Although other cases involving

 UI fraud during the COVID-19 pandemic have proceeded to sentencing in this District, none of

 those cases came close to approaching the magnitude and sophistication of the fraud committed

 by this group of defendants has been sentenced in this District. In a review across the country as

 to how various districts have sentenced COVID-19 related fraud cases committed during a time of

 national crisis, several cases are consistent with the Government’s recommendation here and have

 yielded significant sentences. See, e.g., United States v. Jerry Phillips, TDC-22-073 (D. Maryland



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 2023), the defendant and his co-defendant, Jaleel Phillips,16 was sentenced to 84 months (60

 months + 24 months) for fraud involving pandemic UI benefits, CARES Act Paycheck Protection

 Program (PPP) loan applications, and Economic Injury Disaster loan (EIDL) applications); United

 States v. Kenny Lee Howard, 24-cr-20142-LVP-DRG, (EDMI, March 13, 2025) (sentenced to 94

 months wire fraud and aggravated identity theft for role in COVID-19 UI fraud with $6.2 million

 loss (actual), and in excess of $11 possible); United States v. Heather Huffman, 22-cr-00008-JAG-

 MRC, (E.D. Va. 2024) (former federal employee sentenced to 216 months for wire fraud and

 aggravated identity theft in COVID-19 UI fraud with $3.5 million attempted loss and $2 million

 actual loss); United States v. Beaty, No. 23-2060, 2024 WL 5003232 (6th Cir. December 6, 2024)

 (affirming W.D.M.I. sentence; defendant sentenced to 124 months (84 months for conspiracy to

 commit wire fraud + 24 months for aggravated identity theft) for UI ($760K) and SBA loan fraud

 ($300K)); United States v. Gladstone Njokem, RDB-21-338 (D. Maryland 2023) (sentencing

 defendant to 54 months for conspiracy to commit wire fraud and aggravated identity theft for

 $1.3M UI fraud with 183 PII victims); United States v. Eric Michael Jaklitsch, 22-cr-00015-WBS-

 1 (EDCA) (sentenced to 81 months (57 months + 24 months) for $7.5 million UI and Economic

 Injury Disaster Loan (EIDL) fraud); United States v. Joseph Marsell Cartlidge, Eric Alexander

 McMiller, and David Christopher Redfern¸1:20-CR-340 (M.D.N.C. 2022) (receiving 72 months,

 66 months, and 60 months of imprisonment, respectively for submitting fraudulent PPP and EIDL

 applications, obtaining $1.2M in loans); United States v. Lola Kasali, 4:20-MJ-1106 (S.D. Tex.

 2022) (receiving 70 months of imprisonment for submitting two fraudulent PPP loan applications

 and obtaining $1.9M in loans); United States v. Tarik Freitekh, 3:20-CR-00435 (W.D.N.C. 2022)



 16
   The Government notes that defendant Jerry Phillips had a machine gun in his possession at the time of
 his arrest, which he had purchased as a “ghost gun” and modified.


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 (receiving 87 months of imprisonment for submitting fraudulent PPP applications and obtaining

 $1.75M in loans); United States v. Adam D. Arena, 21-MJ-05134 (W.D.N.Y. 2022) (receiving 66

 months of imprisonment for his role in fraudulently obtaining and laundering approximately

 $950,000 in pandemic loans).

    F. Need to Protect the Public (18 U.S.C. § 3553(a)(2)(C))

             When fashioning an appropriate sentence, the Court must also consider protecting the

 public from further crimes committed by the defendant. 18 U.S.C. § 3553(a)(2). A low-end

 Guideline sentence on Count 2, followed by the consecutive, mandatory 24-month term for the

 Aggravated Identity Theft count (Count 9 (TONY MERTILE); Count 11 (JUNIOR METILE) is

 appropriate in this case, will protect the public from future crimes of the defendant and will

 promote respect for the law.



    III.      CONCLUSION

           For all of these reasons, the Government urges this Court to impose the recommended

 sentences for each of the Defendants

                                                      Respectfully submitted,

                                                      SARA MIRON BLOOM
                                                      ACTING UNITED STATES ATTORNEY



                                                      DENISE M. BARTON
                                                      STACEY A. ERICKSON
                                                      Assistant U.S. Attorneys
                                                      JOHN MOREIRA
                                                      Special Assistant U.S. Attorney
                                                      United States Attorney’s Office
                                                      One Financial Plaza, 17th Floor
                                                      Providence, RI 02903
                                                      401-709-5000 (office)

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                               CERTIFICATE OF SERVICE

       I hereby certify that on this 18 day of March 2025, I caused the within

 GOVERNMENT’S COMBINED SENTENCING MEMORANDUM FOR DEFENDANTS

 TONY MERTILE and JUNIOR MERTILE to be filed electronically and to be available for

 downloading on the Court’s ECF system:




                                                    DENISE M. BARTON
                                                    Assistant U. S. Attorney,
                                                    U. S. Attorney's Office
                                                    One Financial Center Plaza, 17th Floor
                                                    Providence, RI 02903
                                                    401-709-5000




                                                   44
Case 1:20-cr-00100-MRD-PAS              Document 188          Filed 03/16/25       Page 1 of 20 PageID #:
                                               2094


                                 UNITED STATES DISTRICT COURT
                                   DISTRICT OF RHODE ISLAND

      UNITED STATES OF AMERICA                                CR. No.: 20-CR-0020-MRD
                   v.

      ALLEN BIEN-AIME,
                     Defendant.




                        GOVERNMENT’S SENTENCING MEMORANDUM

             In accordance with the plea agreement, and for the reasons set forth herein, the

  Government asks the Court to impose a low-end Guideline sentence of imprisonment1 of 102

  months imprisonment for Defendant Allen Bien-Aime (Bien-Aime); enter an order of restitution

  for $4,456,927.36; and grant the Motion for Order of Forfeiture (Money Judgment)2 in the amount

  of $1,214,294.75. Having previously been federally convicted for a similar offense, Defendant

  Bien-Aime engaged in a carefully orchestrated fraud and identify theft scheme, with his co-

  conspirator co-defendants that targeted relief designed to aid those in need during the COVID-19

  pandemic, and stole at least $4.8 million.




  1
   The Presentence Report currently calculates the Guideline range as 78-87 months for Count 2 (Conspiracy
  to Commit Wire Fraud), plus a consecutive 24 months for Count 7 (Aggravated Identity Theft), for a
  combined Guideline range of 102-111 months. ECF 172, Presentence Report, ¶ 114. The Defendant
  has objected to the application of a +2 enhancement under U.S.S.G. 2B1.1(b)(11). The Probation
  Department has responded that the enhancement is appropriate, and the Government agrees for the reasons
  set forth herein. However, if the Defendant’s objections are sustained, the Guideline range may change. If
  the Guideline range changes, the Government will amend its sentencing recommendation at the Sentencing
  Hearing, to make the agreed-upon low-end Guideline recommendation.
  2
   As set forth in ECF 166, in the Government’s Motion For Order Of Forfeiture (Money Judgment), in his
  Plea Agreement, the Defendant agreed that an amount of $4,857,191 constitutes proceeds of the conspiracy
  charged in Count 2, and that that he will forfeit a sum of money in the amount of $1,214,294.75 in the form
  of a forfeiture money judgement.


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     I.     OUTSTANDING OBJECTIONS

          In considering objections and determining what guideline adjustments apply, the Court

  must find that the Government has made a showing of any fact necessary and relevant to sentencing

  by a preponderance of the evidence. United States v. Flete-Garcia, 925 F.3d 17, 28 (1st Cir. 2019).

  The Court has “considerable discretion” in determining what evidence should be regarded as

  reliable for such fact-finding. Id. at 28. Because at the sentencing phase a defendant has no right

  to confront witnesses against him and sentencing courts may rely on hearsay evidence, see United

  States v. Rodriguez, 336 F.3d 67, 71 (1st Cir. 2003), the Court may appropriately rely on

  documentary information such as the PSR, affidavits, exhibits, and submissions of counsel. United

  States v. Curran, 525 F.3d 74, 78 (1st Cir. 2008) (quoting United States v. Ranney, 298 F.3d 74,

  81 (1st Cir.2002)). The Court may “evaluate virtually any dependable information” to determine

  the probative value of such information with respect to issues material to sentencing. United States

  v. Bradley, 917 F.2d 601, 605 (1st Cir. 1990) (emphasis added); see, e.g., United States v. Acevedo-

  Lopez, 873 F.3d 330, 340 (1st Cir. 2017) (relying upon hearsay proffer of the AUSA).

          The Court may consider relevant information without regard to its admissibility under the

  rules of evidence applicable at trial, provided that the information has sufficient indicia of

  reliability, U.S.S.G. § 6A1.3(a), including out-of-court statements by witnesses. United States v.

  Lee, 892 F.3d 488, 492 (1st Cir. 2018). Such indicia may include details, internal consistence, and

  corroboration by multiple witnesses. United States v. Green, 426 F.3d 64, 67 (1st Cir. 2005)

  (emphasis added).

          Evaluation of the submitted information need not involve a hearing. Rather, “[a]t

  sentencing, evidentiary hearings are the exception, not the rule.” Flete-Garcia, 925 F.3d at 34

  (citing United States v. Shattuck, 961 F.2d 1012, 1014-15 (1st Cir. 1992)). The parties need only



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  have an “adequate opportunity to present information to the court” about any sentencing factor

  that is “reasonably in dispute.” Id. at 35; U.S.S.G. § 6A1.3(a). Where the Government provides

  documentary support sufficient for factual findings, there is no need to “bolster” the evidence by

  calling a live witness. See United States v. Gerante, 891 F.2d 364, 367 (1st Cir. 1989).

         A. Objection as to+2 Under U.S.S.G. § 2B1.1(b)(11)(A) or (B) – Possession and Use of
            an Authentication Feature

         Defendant Bien-Aime has objected to the enhancement under U.S.S.G. § 2B1.1(b)(11)(A)

  at paragraph 52 of the Presentence Report (PSR). See ECF 172-2, Bien-Aime PSR, Addendum. In

  summary, he argues that the debit card is not an “authentication feature” and that the application

  of this enhancement is double counting. The Defendant’s argument fails on both grounds, as

  explained below and by the Probation Officer in his Response to the Objection. Id.3

         First,

         [t]he term “authentication feature” means any hologram, watermark, certification,
         symbol, code, image, sequence of numbers or letters, or other feature that either
         individually or in combination with another feature is used by the issuing authority
         on an identification document, document-making implement, or means of
         identification to determine if the document is counterfeit, altered, or otherwise
         falsified.

  18 U.S.C. § 1028(d). During the course of their fraudulent endeavors, the co-defendants, including

  BIEN-AIME, had fraudulent funds deposited into fraudulently opened accounts for which they

  obtained debit cards. To withdraw the fraudulent proceeds, the co-defendants, including BIEN-

  AIME, used PIN numbers for the debit cards to withdraw funds. The PIN number, as well as any

  other security features on the debit cards, constitute an authentication feature.




  3
    The Government incorporates the Response to this Objection by the Probation Officer in ECF 172-2, as
  if set forth fully herein.


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         Next, the language of the Guidelines show that Defendant’s double-counting argument

  also fails. U.S.S.G. § 2B1.1(b)(11) states that an enhancement applies if the offense involved:

                (A) the possession or use of any (i) device-making equipment, or (ii)
         authentication feature;

                (B) the production or trafficking of any (i) unauthorized access device or
         counterfeit access device, or (ii) authentication feature; or

                (C) (i) the unauthorized transfer or use of any means of identification
         unlawfully to produce or obtain any other means of identification, or (ii) the
         possession of 5 or more means of identification that unlawfully were produced
         from, or obtained by the use of, another means of identification, . . . .

  U.S.S.G. § 2B1.1(b)(11) (emphasis added). Recognizing the potential for impermissible double

  counting, U.S.S.G. §2B1.6. the Guideline for the 18 U.S.C. § 1028A offense, prohibits application

  of specific offense conduct enhancement for “the transfer, possession, or use of a means of

  identification.”

         If a sentence under this guideline is imposed in conjunction with a sentence for an
         underlying offense, do not apply any specific offense characteristic for the transfer,
         possession, or use of a means of identification when determining the sentence for
         the underlying offense.

  U.S.S.G. § 2B1.6 (emphasis added). By its terms, that prohibition is specifically limited to specific

  offense conduct involving the “transfer, possession, or use of a means of identification,” which,

  for U.S.S.G. § 2B1.1(b)(11), would only include subpart (C) of that Guideline. See United States

  v. James, 744 Fed. Appx. 664, 666 (11th Cir. 2018) (“Section 2B1.6 does not bar all sentencing

  enhancement for defendants who are convicted under § 1028A, because not all § 1028A conduct

  involves only the transfer, possession, or use of another person’s means of identification.”). The

  First Circuit has held that U.S.S.G. § 2B1.6 does not prohibit application of an enhancement under

  U.S.S.G. § 2B1.1(b)(11), provided the enhancement is not based on conduct described in subpart

  (C) or the “trafficking” conduct in subpart (B) of U.S.S.G. § 2B1.1(b)(11), neither of which is the



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  basis for the enhancement in this case. See United States v. Jones, 551 F.3d 19, 25-26 (1st Cir.

  2008) (applying +2 enhancement for production of a fraudulent license under U.S.S.G. §

  2B1.1(b)(10)(B) (prior version of U.S.S.G. § 2B1.1(b)(11)(B)), and finding that trafficking of

  means of identification was a “transfer” of a means of identification); United States v. Sharapka,

  526 F.3d 58, 61-62 (1st Cir. 2008) (applying +2 enhancement for use of device making equipment

  under U.S.S.G. § 2B1.1(b)(10)(A) (prior version of U.S.S.G. § 2B1.1(b)(11)(A))). Other Circuits

  have reached the same conclusion. See United States v. Pendergrass, No. 22-13018, 2025 WL

  78172, at *9-10 (11th Cir. January 13, 2025) (recognizing that application of § 2B1.1(b)(11)(A),

  for use of an authentication feature, was proper, and did not constitute double-counting); United

  States v. A.M., 927 F.3d 718, 720-21 (3rd Cir. 2019) (affirming application of +2 enhancement

  under subpart (A) of U.S.S.G. § 2B1.1(b)(11), which was found to be distinct from the conduct in

  subpart (C) of § 2B1.1(b)(11), for which the enhancement would be precluded under U.S.S.G.

  § 2B1.6); United States v. Damyanov, 503 Fed. Appx. 224, 225-26 (4th Cir. 2013) (“§ 2B1.6 does

  not exclude all conduct described in” U.S.S.G. § 2B1.1(b)(11);” affirming +2 enhancement under

  2B1.1(b)(11)(B) based on production).

         In this case, the Government agrees with the Probation Officer that the enhancement

  applies under U.S.S.G. § 2B1.1(b)(11)(A) (“the possession or use of any . . . (ii) authentication

  feature”). As described in the Probation Officer’s response, the Defendant and his co-conspirators’

  conduct involved a much broader range of conduct than the conduct for which application of this

  enhancement would be prohibit under U.S.S.G. § 2B1.6. Moreover, the Defendant and his co-

  defendants possessed and used the authentication features for the debit cards which they used to

  withdraw fraudulent funds from the fraudulent bank accounts.




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     II.      SENTENCING RECOMMENDATION

              The sentence recommended by the Government is a significant, and a “sufficient but

  not greater than necessary” sentence, taking into account all of the 18 U.S.C. § 3553(a) sentencing

  factors, the Congressional mandate that the sentence for Aggravated Identity Theft, 18 U.S.C.

  § 1028A, and case law re 1028A.

     A. Defendant’s Conspiracy to Commit Wire Fraud Sentence Cannot Be Reduced or
        Lessened Due to 24 Month Sentence to be Imposed for Aggravated Identify Theft.

              As a preliminary matter, the Defendant stands before the Court convicted of Conspiracy

  to Commit Wire Fraud and Aggravated Identity Theft. The sentence for his Aggravated Identity

  Theft conviction must, by statute, be 24 months consecutive to whatever sentence the Court

  imposes for his conviction for Conspiracy to Commit Wire Fraud.

              As this Court is aware, in accordance with the penalty provision of 18 U.S.C. § 1028A

  and the case law interpreting that statute, a sentencing court must determine the sentence for Count

  2, Conspiracy to Commit Wire Fraud, the predicate offense in this case, independent of, and

  without regard for, the mandatory minimum sentence to be imposed for his violation of Count 7.

  Aggravated Identify Theft, and may not discount or offset the conviction for the predicate offense

  due to the mandatory minimum sentence to be imposed. 18 U.S.C. § 1028A(b)(3) states that:

           in determining any term of imprisonment to be imposed for the felony during which
           the means of identification was transferred, possessed, or used, a court shall not in
           any way reduce the term to be imposed for such crime so as to compensate for, or
           otherwise take into account, any separate term of imprisonment imposed or to be
           imposed for a violation of this section; and

  18 U.S.C. § 1028(b)(3) (emphasis added).

              The Supreme Court, First Circuit, and other Circuits have consistently recognized that

  a sentencing court cannot reduce or offset the sentence to be imposed on a predicate offense due

  to the mandatory minimum sentence to be imposed under 18 U.S.C. § 1028A. In Dean v. United

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  States, the Court held that 18 U.S.C. § 924(c), another statute setting a consecutive, mandatory

  minimum, did not prohibit consideration of the mandatory minimum sentence when determining

  sentence on the predicate offense. However, the Court expressly recognized the difference in the

  statutory language of 18 U.S.C. § 1028A and 18 U.S.C. § 924(c), and found that 18 U.S.C.

  § 1028A did not afford sentencing courts the same discretion as courts had under 18 U.S.C.

  § 924(c).

         Congress has shown just that in another statute, 18 U.S.C. § 1028A. That section,
         which criminalizes the commission of identity theft “during and in relation to”
         certain predicate felonies, imposes a mandatory minimum sentence “in addition to
         the punishment provided for” the underlying offense. § 1028A(a)(1). It also says
         that the mandatory minimum must be consecutive to the sentence for the underlying
         offense. § 1028A(b)(2). So far, § 1028A tracks § 924(c) in relevant respects. But §
         1028A goes further: It provides that in determining the appropriate length of
         imprisonment for the predicate felony “a court shall not in any way reduce the term
         to be imposed for such crime so as to compensate for, or otherwise take into
         account, any separate term of imprisonment imposed or to be imposed for a
         violation of this section.” § 1028A(b)(3).

  Dean vs. United States, 581 U.S. 62, 70 (2017). The First Circuit has also recognized this statutory

  mandate, finding that a sentencing court may not consider the mandatory minimum sentence to be

  imposed under 18 U.S.C. § 1028A, when determining the sentence for enumerated predicate

  offenses, such as Conspiracy to Commit Wire Fraud. See United States v. Vidal-Reyes, 562 F.3d

  43, 54 (1st Cir. 2009) (holding that sentencing courts has authority to consider the § 1028A

  mandatory minimum sentence when determining sentences for non-predicate offenses, but not for

  predicate offenses). As the First Circuit observed, “a major concern of § 1028A(b)(3)’s drafters

  was to ensure, by making the sentences truly cumulative, that prosecutors had an incentive to

  charge both the aggravated identity theft violation and the underlying predicate felony or felonies.”

  Id. (construing H.R.Rep. No. 108-528, at 10, to show that the bill amended Title 18 to provide for

  a “mandatory consecutive penalty enhancement of 2 years for any individual who knowingly



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  transfers ... the means of identification of another person in order to commit a serious Federal

  predicate offense”). Other Circuits have held the same. The Third Circuit has held that:

            There is no doubt that § 1028A(b)(3) “bar[s] consideration of a mandatory
            minimum” during sentencing for the predicate felony.9 The Supreme Court as well
            as the First, Seventh, Eighth, Ninth, and Tenth Circuits have explained that under
            § 1028A, a sentencing court cannot reduce the sentence it would have otherwise
            imposed on a predicate conviction because of the knowledge of a defendant’s two-
            year mandatory minimum sentence for aggravated identity theft.

  United States v. Yusuf, 781 Fed. Appx. 77, 80 (3rd Cir. 2019) (unpublished) (vacating sentencing

  and remanding; finding that the district court improperly considered the mandatory minimum

  sentence to be imposed under 18 U.S.C. § 1028A when imposing sentence on the predicate

  offense). Similarly, the Tenth Circuit found that:

            Indeed, we indicated in [United States v. Smith, 756 F.3d 1179, 1185–87 (10th Cir.
            2014)] that § 1028A(b)(3)’s plain language “does” precisely “what it says”: it
            “prevent[s] a sentencing court from taking account of § 1028A[ (a)(1) ]’s
            mandatory minimum[ ] when considering a sentence for predicate offenses” such
            as bank fraud. And we noted in Smith that our sister circuits have reached the same
            conclusion. . . . . Thus, we hold that § 1028A(b)(3) prohibited the district court *437
            from considering § 1028A(a)(1)’s two-year sentence for aggravated identify theft
            in crafting Lara’s sentences for bank fraud.

  United States v. Lara, 733 Fed. Appx. 433 (10th Cir. 2018) (unpublished) (same) (collecting

  cases).

     A. Nature and Circumstances of the Offense (18 U.S.C. § 3553(a)(1))

               The “nature and circumstances of the offense” are egregious and compelling and

  warrant a significant, lengthy period of incarceration.

               For most Americans, the COVID-19 pandemic resulted in an unprecedented time of

  financial hardship, turmoil, and suffering, but for the Defendant and his conspirators, it constituted

  a lucrative opportunity to enrich themselves with funds intended for unemployed workers. While

  most individuals were sheltering in place, taking care of loved ones, and often making tough



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  financial sacrifices, the Defendant and his co-conspirators collaborated amongst themselves, and

  with others, to take advantage of programs meant to help those in need and did so for their own

  selfish purposes. The Defendant’s conduct victimized numerous government entities, and

  countless individuals, whose personal identifying information (PII) was used by the Defendant and

  his co-defendants.

            As the pandemic ravaged the country, Congress appropriated billions of dollars to create

  or supplement government relief programs. Because this assistance was desperately needed by

  unemployed workers, independent contractors, nonprofits, and small businesses for their survival,

  the government made a policy decision to deliver the relief on an unprecedented scale as quickly

  as possible. In the spring of 2020, Congress passed the Coronavirus Aid, Relief and Economic

  Security (CARES) Act, which provided for a variety of economic benefits to struggling Americans

  during a time of severe negative economic impact as a result of the COVID-19 pandemic. At the

  time, the federal government had taken several steps to mitigate the effects of the pandemic on

  businesses and workers. The Families First Coronavirus Response Act (FFCRA) and Coronavirus

  Aid, Relief, and Economic Security (CARES) Act provided additional funding to assist workers

  who were unemployed/had hours cut as a direct result of the COVID-19 pandemic. The money

  was distributed to the state workforce agencies (SWAs) which handled the disbursement of

  traditional (state) Unemployment Insurance (UI) benefits, and the SWA disbursed the additional

  federal benefits. The CARES Act allowed states to expand the scope of workers who were eligible

  to receive state UI benefits, to extend the period of time for which workers could be eligible for

  UI benefits, and to allow workers who may have exhausted UI benefits under traditional programs

  to receive benefits. The CARES Act further expanded the ability of states to provide benefits to

  unemployed workers by creating three new unemployment programs, namely, the Pandemic



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 Unemployment Assistance (PUA) program, which permitted states to provide benefits to

 individuals who were self-employed, seeking part-time employment, or otherwise would not

 qualify for regular unemployment benefits; the Federal Pandemic Unemployment Compensation

 (FPUC) program, which provided an additional benefit, initially in the amount of $600 and later,

 in the amount of $300, in federal benefits to individuals collecting traditional UI program

 benefits or PUA benefits; and the Pandemic Emergency Unemployment Compensation

 (PEUC) program, which provided additional weeks of benefits for individuals who had

 otherwise exhausted their entitlement to regular UI benefits (collectively referred to herein

 as “expanded pandemic UI benefits”). This legislation was much needed, as millions of

 unemployed workers across the United States turned to the unemployment insurance program as

 their jobs were imperiled by the effects of the pandemic.

           It was within this backdrop that the conspirators concocted and executed a scheme to

 unjustly divert finite unemployment insurance benefits from unemployed workers to themselves.

 Exploiting vulnerabilities in the execution of this massive relief effort, the defendant and his

 conspirators devised and repeatedly executed a fraud scheme targeting COVID-19 reliefs,

 including the Pandemic Unemployment Assistance Program. Specifically, the Defendant and his

 conspirators:

        ◼ obtained through various means the PII, including dates of birth and Social Security
        numbers, of identity theft victims;

        ◼ in preparation of submitting fraudulent applications to various state workforce agencies
        for unemployment benefits, the conspirators created and maintained email accounts to
        facilitate communications with state workforce agencies in the names of those for whom
        the conspirators had obtained PII;


        ◼ filed materially false and misleading unemployment applications with multiple state
        workforce agencies using the PII of identity theft victims in their possession, and on these
        applications, the conspirators provided fabricated employment and wage history, along

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                                            #: 2104



        with false contact information, such as physical and mailing addresses, email addresses,
        and phone numbers that did not, in fact, belong to the purported applicant;


        ◼ falsely certified the truth and accuracy of all the information included in the
        aforementioned applications, such as the purported applicants’ eligibility to receive the
        benefits when, in truth and in fact, the conspirators then and there well knew that the
        information was not true and accurate, the purported claimants were not eligible for the
        requested benefits, and those benefits were actually being paid to conspirators and not the
        purported claimants;


    ◼ opened and created bank accounts using the PII of identity theft victims, and obtained debit
      cards for those bank accounts, and directed the state workforce agencies to directly deposit
      the benefit payments to the bank accounts in the names of others and/or in bank accounts
      controlled by them;


    ◼ once their fraudulent applications were approved, the conspirators kept, maintained, and
      shared amongst themselves possession of the prepaid debit cards loaded with benefit
      payments, and the conspirators distributed the fraud proceeds amongst themselves and
      others; and


    ◼ for many of the approved applications, the conspirators would often double down on, and
      repeat their fraud by submitting weekly recertifications of unemployment status to the state
      workforce agencies, falsely claiming that the purported claimant was still unemployed and
      entitled to receive additional unemployment benefits.

 Given the scope of and means by with the Defendant and his co-conspirators committed this

 massive fraud, the Government was unable to fully identify the full amount of actual and attempted

 losses. However, the Government was able to determine, through analysis of bank records, and

 the parties have agreed to a loss amount of $4,857,191, which is based on the actual loss amount

 determined from review of a myriad of bank records. Therefore, the Defendant stands before this

 Court for being part of a conspiracy that stole nearly $5 million.

           As laid out above and in the PSR, the conspirators’ scheme was labor intensive,

 sophisticated, and multifaceted – recruiting co-conspirators and other participants to aid in their

 enormous fraud, obtaining PII through various means, maintaining and distributing the PII

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                                            #: 2105



 information amongst members of the conspiracy, preparing and submitting fraudulent applications

 for hundreds of purported claimants, recertifying fraudulent applications on a weekly basis,

 creating and maintaining email accounts to facilitate communications with the state workforce

 agencies, forging and falsifying documents to substantiate the false information provided in the

 fraudulent applications, and maintaining and distributing prepaid debit cards and the fraud

 proceeds amongst the members of the conspiracy. The repetitive, continuous nature of the fraud

 makes clear that the conspirators’ criminal conduct was not a product of a momentary lapse of

 judgment; instead, it was a rational, deliberate choice that the conspirators knowingly and willfully

 made over and over again. The volume, duration, and scope of the conspirators’ scheme is

 staggering and indicative of the greed motivating the conspirators’ criminal conduct.

           By looting the unemployment program, the conspirators repeatedly stole finite funds

 from those who needed it the most during the pandemic, and their relentless pursuit of these funds

 showed a callous disregard to unemployed workers, identity theft victims, state workforce agencies

 – who had the daunting task of administering an unprecedented relief effort – and American

 taxpayers, whose earnings underlie the funds in question. Through their criminal conduct, the

 conspirators interfered with and undermined the federal government’s efforts to provide necessary

 and urgent relief to Americans harmed by the pandemic. The nature and circumstances of the

 offense well support a substantial sentence for each conspirator.

           During search warrants executed at the homes of the 4 co-Defendants, investigators

 recovered a total of 994 debit cards from multiple banks, shown below, most of which were in the

 names of third parties and had been used to obtain fraudulent expanded pandemic UI benefits. The

 evidence recovered from the Defendant’s home, as well as review of bank records for accounts

 associated with the Defendant (fraudulently opened accounts and accounts in their names) show



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 that Defendant Bien-Aime, and his co-conspirators, had been using fraudulently obtained PII to

 obtain fraudulent payment from multiple federal and state government agencies prior to the

 pandemic. As a result, the when the COVID-19 pandemic began, the Defendants used their

 knowledge, and established systems, to defraud the Government programs to aid those struggling

 with COVID-19 pandemic.4




             Communications between Defendant Bien-Aime and co-defendant T. Mertile, and

 images of Bien-Aime, withdrawing funds from ATMs using fraudulently obtained debit cards in

 the names of others, show the substantial scope of his role in this conspiracy. Due to the amount

 of PII in the exhibits, he text messages will be submitted under seal as Exhibit 1 to this

 Memorandum, and selected images of Defendant Bien-Aime withdrawing funds with be submitted

 under seal as Exhibit 2. See PSR, ¶ 40.



 4
   In their Plea Agreements, each of the Defendants have agreed to engaging in activity “beginning on an unknown
 date, but not later than January 2019 and continuing through on or about October 13, 2020,” which was the date of
 the arrests of J Legerme, T. Mertile, and J. Mertile. See Plea Agreements, ¶ 4a.

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     B. History and Characteristics of the Defendant (18 U.S.C. § 3553(a)(1))

         Defendant Bien-Aime has already been convicted and sentenced in federal court, the

 SDFL, for a similar offense. See PSR, ¶ 41. Yet, notwithstanding that conviction, he was not

 deterred and returned to the same sort of criminal activity.

     C. Need to Afford General and Specific Deterrence (18 U.S.C. § 3553(a)(2)(B))

         Under 18 U.S.C. § 3553(a)(2)(B), there is a need “to afford adequate deterrence to criminal

 conduct.” A significant sanction needs to be imposed to send a signal to others who would

 contemplate engaging in wire fraud and aggravated identity theft, and to this Defendant to never

 return to this type of criminal activity. In this respect, the Government submits that a low-end

 Guideline sentence on Count 2, followed by the consecutive, mandatory 24-month term for Count

 7, is justified in this case.

         General deterrence is particularly important sentencing factor in fraud cases such as this

 one because it is viewed to be effective. The deliberate nature of fraud often renders it more

 difficult to uncover, since individuals engaged in fraud take affirmative steps to conceal their

 identities and conduct. The First Circuit, among others, has “emphasized the importance of general

 deterrence of white collar crime.” United States v. Prosperi, 686 F.3d 32, 47 (1st Cir. 2012); see

 also United States v. Mueffelman, 470 F.3d 33, 40 (1st Cir. 2006) (stating that “the deterrence of

 white collar crime” was “of central concern to Congress”); also United States v. Landry, 631 F.3d

 597, 607 (affirming wire fraud and aggravated identify theft sentence; finding that the district court

 did not err in considering the need for the sentence to afford deterrence in an aggravated identity

 theft case); United States v. Martin, 455 F.3d 1227, 1240 (11th Cir. 2006) (“Because economic

 and fraud-based crimes are ‘more rational, cool, and calculated than sudden crimes of passion or



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 opportunity’ these crimes are ‘prime candidates for general deterrence.’ ” quoting Stephanos

 Bibas, White-Collar Plea Bargaining and Sentencing After Booker, 47 Wm. & Mary L. Rev. 721,

 724 (2005)).

         The COVID-19 pandemic and programs created to aid struggling Americans citizens,

 residents, and businesses, led to a surge in identity theft and fraud against government programs

 in 2020 and thereafter, resulting in estimated hundreds of billions of total losses.5 Despite its best

 efforts, law enforcement will not ever be able to identify, catch, and convict all of the opportunistic

 fraudsters who made off with taxpayers’ funds during the pandemic. The case against this

 Defendant, and his co-conspirators, presents a worthwhile opportunity for the Court to impose a

 sentence that will grab the attention of those who may be considering similar crimes. The

 recommended sentence of imprisonment for this fraud scheme is “sufficient, but not greater than

 necessary” to deter this Defendant, and other who may consider engaging in similar conduct.

     D. Need to Reflect the Seriousness of the Crimes, Promote Respect for the Law, and Need to
        Provide Just Punishment (18 U.S.C. § 3553(a)(2)(C))

             The Defendant’s crimes are unquestionably serious. During the height of the COVID-

 19 pandemic, he and his conspirators countlessly executed a fraud scheme targeting state

 workforce agencies that were administering COVID-19 relief to unemployed workers. The

 conspirators unjustly diverted at least $4,857,191 in unemployment benefits from overburdened

 government agencies and desperate, unemployed workers to themselves. By numbers alone, the

 criminal conduct is extremely serious, but the harm in this case cannot be measured solely by

 financial losses. The defendant’s criminal conduct imposed other non-pecuniary harms on primary

 and secondary victims.


 5
  See Richard Lardner et al, The Great Grift: How billions in COVID-19 relief aid was stolen or wasted, Associated
 Press, June 12, 2023, https://apnews.com/article/pandemic-covid19-fraud-small-business-inspector-general-
 7e651b3e405863f0be9f2e34ca47b93e

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                                            #: 2109



        First, by flooding state workforce agencies with hundreds upon hundreds of fraudulent

 unemployment applications, the defendant raised administrative costs for these agencies, likely

 delaying the approval of legitimate applications by unemployed workers. This harm is far from

 theoretical. Facing lengthy delays in the adjudication of unpaid claims, genuinely unemployed

 workers initiated class action litigation against the VEC during the pandemic in order to obtain

 unemployment benefits owed to them in a timely manner. As United States District Court Judge

 Henry E. Hudson aptly observed in the separate class action on this matter, “the unprecedented

 COVID-19 pandemic and pandemic-related restrictions caused a significant increase in

 unemployment claims and overwhelmed unemployment compensation programs nationwide,

 including in Virginia.” Cox et al. v. Hess, Case No. 3:21-cv-253-HEH, Dkt. No. 25 at 1 (Order).

 The defendant’s sentence must reflect the harm to unemployed workers who suffered lengthy

 delays in the approval of their legitimate unemployment claims and the receipt of much needed

 benefits due to the increase in administrative costs on state workforce agencies caused by the

 conspirators’ submission of numerous fraudulent applications.

        Second, although the identity theft victims in this case did not directly suffer a financial

 loss to the Government’s knowledge, being the victim of identity theft is truly a life altering

 experience, nonetheless. In addition to potential financial harm, many victims of identity theft

 suffer devastating emotional and psychological trauma from these crimes, resulting in feelings of

 anger, fear, anxiety, depression, confusion, and more. Moreover, the conspirators filing claims

 using the PII of identity theft victims potentially hampered the ability of these individuals to obtain

 unemployment benefits and created potential tax liabilities for victims who never knew of or

 received the unemployment benefits obtained in their names.




                                                       16
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                                                #: 2110



         Fourth and finally, while the state workforce agencies and identity theft victims are the

 ostensible victims in this case, the Defendant and his co-conspirators also defrauded American

 taxpayers whose earnings underlie the government program in question. In sum, the Defendant’s

 crimes are serious and deserving of a lengthy term of imprisonment.

         B. Need to Avoid Unwarranted Sentencing Disparities (18 U.S.C. § 3553(a)(6))

             Under 18 U.S.C. § 3553(a)(6), there is a need to “avoid unwarranted sentence disparities

 among defendants with similar records who have been found guilty of similar conduct.” “Section

 3553(a)(6) ‘is primarily aimed at national disparities, rather than those between co-defendants.’”

 United States v. Reyes-Rivera, 812 F.3d 79, 90 (1st Cir. 2016) (affirming 242 month sentence for

 $22 million Ponzi scheme) (citing United States v. Marceau, 554 F.3d 24, 33 (1st Cir.2009)). See

 also United States v. Munyenyezi, 781 F.3d 532, 545 (rejecting claim that disparity refers to

 disparity among sentences within a district; finding that 18 U.S.C. § 3553(a)(6) “primarily refers

 to national disparities among similarly situated defendants.”)

             Within this District, conspiracy to commit wire fraud cases are not novel. However, the

 backdrop of the COVID-19 crisis in the United States is unique. Although other cases involving

 UI fraud during the COVID-19 pandemic have proceeded to sentencing in this District, none of

 those cases came close to approaching the magnitude and sophistication of the fraud committed

 by this group of defendants has been sentenced in this District. In a review across the country as

 to how various districts have sentenced COVID-19 related fraud cases committed during a time of

 national crisis, several cases are consistent with the Government’s recommendation here and have

 yielded significant sentences. See, e.g., United States v. Jerry Phillips, TDC-22-073 (D. Maryland

 2023), the defendant and his co-defendant, Jaleel Phillips,6 was sentenced to 84 months (60 months


 6
  The Government notes that defendant Jerry Phillips had a machine gun in his possession at the time of his arrest,
 which he had purchased as a “ghost gun” and modified.

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                                          #: 2111



 + 24 months) for fraud involving pandemic UI benefits, CARES Act Paycheck Protection Program

 (PPP) loan applications, and Economic Injury Disaster loan (EIDL) applications); United States v.

 Kenny Lee Howard, 24-cr-20142-LVP-DRG, (EDMI, March 13, 2025) (sentenced to 94 months

 wire fraud and aggravated identity theft for role in COVID-19 UI fraud with $6.2 million loss

 (actual), and in excess of $11 possible); United States v. Heather Huffman, 22-cr-00008-JAG-

 MRC, (E.D. Va. 2024) (former federal employee sentenced to 216 months for wire fraud and

 aggravated identity theft in COVID-19 UI fraud with $3.5 million attempted loss and $2 million

 actual loss); United States v. Beaty, No. 23-2060, 2024 WL 5003232 (6th Cir. December 6, 2024)

 (affirming W.D.M.I. sentence; defendant sentenced to 124 months (84 months for conspiracy to

 commit wire fraud + 24 months for aggravated identity theft) for UI ($760K) and SBA loan fraud

 ($300K)); United States v. Gladstone Njokem, RDB-21-338 (D. Maryland 2023) (sentencing

 defendant to 54 months for conspiracy to commit wire fraud and aggravated identity theft for

 $1.3M UI fraud with 183 PII victims); United States v. Eric Michael Jaklitsch, 22-cr-00015-WBS-

 1 (EDCA) (sentenced to 81 months (57 months + 24 months) for $7.5 million UI and Economic

 Injury Disaster Loan (EIDL) fraud); United States v. Joseph Marsell Cartlidge, Eric Alexander

 McMiller, and David Christopher Redfern¸1:20-CR-340 (M.D.N.C. 2022) (receiving 72 months,

 66 months, and 60 months of imprisonment, respectively for submitting fraudulent PPP and EIDL

 applications, obtaining $1.2M in loans); United States v. Lola Kasali, 4:20-MJ-1106 (S.D. Tex.

 2022) (receiving 70 months of imprisonment for submitting two fraudulent PPP loan applications

 and obtaining $1.9M in loans); United States v. Tarik Freitekh, 3:20-CR-00435 (W.D.N.C. 2022)

 (receiving 87 months of imprisonment for submitting fraudulent PPP applications and obtaining

 $1.75M in loans); United States v. Adam D. Arena, 21-MJ-05134 (W.D.N.Y. 2022) (receiving 66




                                                   18
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                                            #: 2112



 months of imprisonment for his role in fraudulently obtaining and laundering approximately

 $950,000 in pandemic loans).

           C. Need to Protect the Public (18 U.S.C. § 3553(a)(2)(C))

             When fashioning an appropriate sentence, the Court must also consider protecting the

 public from further crimes committed by the defendant. 18 U.S.C. § 3553(a)(2). A low-end

 Guideline sentence on Count 2, followed by the consecutive, mandatory 24-month term for Count

 7, will protect the public from future crimes of the defendant and will promote respect for the law.

    III.      CONCLUSION

           For all of these reasons, the Government urges this Court to impose the recommended

 sentence.



                                                       Respectfully submitted,

                                                       SARA MIRON BLOOM
                                                       ACTING UNITED STATES ATTORNEY




                                                       DENISE M. BARTON
                                                       STACEY A. ERICKSON
                                                       Assistant U.S. Attorneys
                                                       JOHN MOREIRA
                                                       Special Assistant U.S. Attorney
                                                       United States Attorney’s Office
                                                       One Financial Plaza, 17th Floor
                                                       Providence, RI 02903
                                                       401-709-5000 (office)




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                                CERTIFICATE OF SERVICE

        I hereby certify that on this 16 day of March 2025, I caused the within Government’s

 Sentencing Memorandum to be filed electronically and to be available for downloading on the

 Court’s ECF system:




                                                    DENISE M. BARTON
                                                    Assistant U. S. Attorney,
                                                    U. S. Attorney's Office
                                                    One Financial Center Plaza, 17th Floor
                                                    Providence, RI 02903
                                                    401-709-5000




                                                   20
Case 1:20-cr-00100-MRD-PAS              Document 187          Filed 03/16/25      Page 1 of 29 PageID #:
                                               2007


                                     UNITED STATES DISTRICT COURT
                                       DISTRICT OF RHODE ISLAND

      UNITED STATES OF AMERICA                                CR. No.: 20-CR-0020-MRD


                   v.

      JAMES LEGERME,
                          Defendant.


                        GOVERNMENT’S SENTENCING MEMORANDUM

             In accordance with the plea agreement, and for the reasons set forth herein, the

  Government asks the Court to impose a low-end Guideline sentence of imprisonment1 of 121

  months for Defendant James Legerme (Legerme); enter an order of restitution for $4,456,927.36;

  and grant the Motion for Preliminary Order of Forfeiture, of specified assets, and the Order of

  Forfeiture (Money Judgment) in the amount of $1,214,294.75,2 as agreed to by the Defendant in

  his Plea Agreement. With his co-conspirators, the Defendant engaged in a carefully orchestrated

  fraud and identify theft scheme, that targeted relief designed to aid those in need during the

  COVID-19 pandemic, and stole at least $4.8 million.




  1
    The Presentence Report currently calculates the Guideline range as 97-121 months for Count 2
  (Conspiracy to Commit Wire Fraud), plus a consecutive 24 months for Count 12 (Aggravated Identity
  Theft), for a combined Guideline range of 121 – 145 months. ECF 176, Presentence Report, ¶ 106 The
  Defendant has objected to the application of a +2 enhancement under U.S.S.G. § 3B1.1(c) (Aggravating
  Role Adjustment), and the lack of a 2 point reduction under U.S.S.G. § 4C1.1 (the Zero Point Offender
  provisions). The Probation Department has responded that the enhancement is appropriate, and the
  Government agrees for the reasons set forth herein. However, if the Defendant’s objections are sustained,
  the Guideline range may change. If the Guideline range changes, the Government will amend its sentencing
  recommendation at the Sentencing Hearing, to make the agreed-upon low-end Guideline recommendation.
  2
   As set forth in ECF 168, in the Government’s Motion For (1) Preliminary Order Of Forfeiture And (2)
  Order Of Forfeiture (Money Judgment), in this Plea Agreement, the Defendant agreed to forfeiture of
  specified assets and that an amount of $4,857,191 constitutes proceeds of the conspiracy charged in Count
  2, and that that he will forfeit a sum of money in the amount of $1,214,294.75 in the form of a forfeiture
  money judgement.


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     I.     OUTSTANDING OBJECTIONS

          In considering objections and determining what guideline adjustments apply, the Court

  must find that the Government has made a showing of any fact necessary and relevant to sentencing

  by a preponderance of the evidence. United States v. Flete-Garcia, 925 F.3d 17, 28 (1st Cir. 2019).

  The Court has “considerable discretion” in determining what evidence should be regarded as

  reliable for such fact-finding. Id. at 28. Because at the sentencing phase a defendant has no right

  to confront witnesses against him and sentencing courts may rely on hearsay evidence, see United

  States v. Rodriguez, 336 F.3d 67, 71 (1st Cir. 2003), the Court may appropriately rely on

  documentary information such as the PSR, affidavits, exhibits, and submissions of counsel. United

  States v. Curran, 525 F.3d 74, 78 (1st Cir. 2008) (quoting United States v. Ranney, 298 F.3d 74,

  81 (1st Cir.2002)). The Court may “evaluate virtually any dependable information” to determine

  the probative value of such information with respect to issues material to sentencing. United States

  v. Bradley, 917 F.2d 601, 605 (1st Cir. 1990) (emphasis added); see, e.g., United States v. Acevedo-

  Lopez, 873 F.3d 330, 340 (1st Cir. 2017) (relying upon hearsay proffer of the AUSA).

          The Court may consider relevant information without regard to its admissibility under the

  rules of evidence applicable at trial, provided that the information has sufficient indicia of

  reliability, U.S.S.G. § 6A1.3(a), including out-of-court statements by witnesses. United States v.

  Lee, 892 F.3d 488, 492 (1st Cir. 2018). Such indicia may include details, internal consistence, and

  corroboration by multiple witnesses. United States v. Green, 426 F.3d 64, 67 (1st Cir. 2005)

  (emphasis added).

          Evaluation of the submitted information need not involve a hearing. Rather, “[a]t

  sentencing, evidentiary hearings are the exception, not the rule.” Flete-Garcia, 925 F.3d at 34

  (citing United States v. Shattuck, 961 F.2d 1012, 1014-15 (1st Cir. 1992)). The parties need only



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                                              2009



  have an “adequate opportunity to present information to the court” about any sentencing factor

  that is “reasonably in dispute.” Id. at 35; U.S.S.G. § 6A1.3(a). Where the Government provides

  documentary support sufficient for factual findings, there is no need to “bolster” the evidence by

  calling a live witness. See United States v. Gerante, 891 F.2d 364, 367 (1st Cir. 1989).

         A. Objection to +2 Under U.S.S.G. § 3B1.1(c)

         Defendant Legerme has objected to the +2 adjustment for his role in the offense under

  U.S.S.G. § 3B1.1(c). See Objection to Presentence Report (PSR) (Legerme) and ECF 176-1 PSR.

  In sum, Legerme claims that he never exercised control over the identified person, Luckson

  Loussaint (Louissaint); that their relationship is a familial one; and that because Louissaint was

  not indicted in the case and the case against him was dismissed, he cannot be a “criminally

  responsible person.” The Defendant’s argument fails on all grounds, as explained below and by

  the Probation Officer in his Response to the Objection.3 The

         U.S.S.G. § 3B1.1 established a tiered approach for aggravating role enhancements. For

  criminal activity that involved 5 or more participants, or “was otherwise extensive,” a +4

  enhancement applies for a defendant who was an organizer or leader, and a +3 enhancement

  applies for a defendant who was a manager or supervisor. U.S.S.G. § 3B1.1(a) and (b), &

  Application Note 2. For a defendant involved in other criminal activity that did not involve 5 or

  more participants or that was not “otherwise extensive,” and who was an organizer, leader,

  manager, or supervisor” of one or more participant, a +2 enhancement applies. U.S.S.G.

  § 3B1.1(c), & Application Note 2.

         For a U.S.S.G. § 3B1.1(a) and (b) role adjustment to apply, the Government must show

  first, the scope of the criminal activity, specifically that it involved 5 or more participants, or was


  3
     The Government incorporates the Response to this Objection by the Probation Officer in ECF 176-3, as
  if set forth fully herein.

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  otherwise extensive, and second, a defendant’s status in the criminal activity. See United States v.

  Figaro-Benjamin, 100 F.4th 294, 306-08 (1st Cir. 2024); United States v. Coplin-Benjamin, 79

  F.4th 36 (1st Cir. 2023).

         To assess the numerosity aspect of the scope of criminal activity, the Guidelines provide

  that a “participant” is a person who is criminally responsible for the commission of the offense,

  but need not have been convicted.” U.S.S.G. § 3B1.1, Application Note 1).

         To be considered a participant, it is only necessary that an individual gives knowing
         aid in some aspect of the criminal activity. Similarly, an individual can be
         considered a participant when his or her acts “give rise to an inference of complicity
         sufficient to ground a finding that [the individual] was a participant in the criminal
         activities.”

  United States v. Acevedo–López, 873 F.3d 330, 336-37 (2017) (affirming § 3B1.1(a)

  enhancement). See also United States v. Tavares, 705 F.3d 4, 30 (2013) (holding that an

  immunized witness who was part of the criminal activity may be a “participant”). Further,

         [w]ho is considered a member of the conspiracy for purposes of the numerosity
         criterion is to be broadly construed, and all persons involved in the conspiracy—
         including outsiders—can be counted towards considering the conspiracy
         “extensive.” See id. (quoting USSG § 3B1.1 cmt. 3). Courts may look beyond the
         number of participants to evaluate whether a conspiracy was “extensive” by
         considering “the totality of the circumstances, including ... the width, breadth,
         scope, complexity, and duration of the scheme.”

  United States v. Goodwin, 617 Fed. Appx. 12, 15 (1st Cir. 2015).

         For a U.S.S.G. § 3B1.1(c) role adjustment, the court must determine that a defendant was

  involved in criminal activity involving at least two participants, one of whom can be the defendant

  himself, and make a determination as to the defendant’s status. See United States v. Grullon, 996

  F.3d 21, 34-35 (1st Cir. 2021) (citation omitted) (affirming application of +2 U.S.S.G. 3B1.1(c)

  enhancement; holding “[e]vidence of the defendant’s role in the conspiracy . . . need only show

  that he exercised authority or control over [one other] participant on one occasion.”); United States



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  v. Prange, 771 F.3d 17, 34 (2014) (“To justify the two-level enhancement [under § 3B1.1(c)],

  “[e]vidence of the defendant’s role ... need only show that he ‘exercised authority or control over

  another participant on one occasion.’ ”) (emphasis added); United States v. Savarese, 686 F.3d 1,

  19 (1st Cir. 2012) (§ 3B1.1(c) applies “if the underlying criminal activity involved at least two,

  but fewer than five complicit individuals (including the defendant), and the defendant, in

  committing the offense, . . . exercised control over, managed, organized, or superintended the

  activities of at least one other participant.”) (emphasis added) (citations and quotations omitted)

         Application Note 4 of U.S.S.G. 3B1.1 states that:

         In making the determination of whether someone is an “organizer or leader” or
         merely a “manager or supervisor,” courts should consider “the exercise of decision
         making authority, the nature of participation in the commission of the offense, the
         recruitment of accomplices, the claimed right to a larger share of the fruits of the
         crime, the degree of participation in planning or organizing the offense, the nature
         and scope of the illegal activity, and the degree of control and authority exercised
         over others.”

  However, the First Circuit has cautioned that the list of factors in Application Note 4 “is

  representative rather than exhaustive, and proof of each and every factor is not necessary to

  establish that a defendant acted as an organizer or leader.” See United States v. Coplin-Benjamin,

  79 F.4th at 41 (citations omitted).

         With any of the U.S.S.G. § 3B1.1 aggravating role adjustments, a formal, hierarchy or

  chain of command is not required. United States v. Figaro-Benjamin, 100 F.4th at 306-08. Further,

  multiple persons can serve leadership roles. “[T]he existence of another leader -- even one superior

  to [defendant] in the scheme’s hierarchy -- does not foreclose the possibility of [defendant] also

  acting as a leader.” United States v. Coplin-Benjamin, 79 F.4th at 42.

         The First Circuit has held that it is “a relatively low bar” to show that a defendant exercised

  some control over another criminal actor. United States v. Figaro-Benjamin, 100 F.4th at 307. In



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                                             2012



  fact, the supervisory authority may be minimal and may have been exercised on a single occasion

  for a § 3B1.1 enhancement to apply. Id. at 307 (finding that defendant’s “role involved at least a

  minimal degree of control over others, on at least one occasion; defendant’s text messages that

  showed that he sent a taxi to transport two participants to assist with criminal activity, as well as

  text messages in which he advised other participants of a date for activity and questioning when

  another participant didn’t respond promptly.) If a defendant takes a role in recruiting at least one

  person to aid in the conspiracy, that can be sufficient for the a managerial-role enhancement. See

  United States v. Savarese, 686 F.3d at 19-20 (affirming application of U.S.S.G. 3B1.1(c)

  enhancement). In Savarese, the Court rejected the defendant’s claim that the enhancement didn’t

  apply because he didn’t hold any supervisory role, and found that his role in recruiting another was

  sufficient.

          That “[Defendant] was by no means the mastermind of the operation, that is not the
          standard by which “managerial” status is governed. A defendant’s exhibitions of
          authority need be neither supreme nor continuous; we have even held that, in some
          circumstances, the government need only show by a preponderance of the evidence
          “that the defendant exercised authority or control over another participant on one
          occasion.”

  Id. at 20 (citation omitted). See also United States v. Prange, 771 F.3d at 35 (affirming application

  of U.S.S.G. 3B1.1(c) enhancement, finding that “at a minimum, [defendant] recruited Jordan and

  multiple other executives into this scheme by introducing them to E.H., gauging their willingness

  to issue kickbacks, and recommending them to the agent.”)

          In this case, Defendant Legerme recruited his cousin, Luckson Louissaint, to aid him and

  his co-conspirators, and thereafter oversaw, supervised, and managed Louissaint’s efforts that

  aided Legerme and his co-defendants. At Legerme’s direction, Louissaint created email addresses

  for his co-conspirators and used his address to receive fraudulent debit cards, which were later sent

  to Legerme. When interviewed by law enforcement, Louissaint admitted that he made email

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                                              2013



  addresses for Legerme, and that he sent them to him.4 Text messages between Legerme and

  Louissaint show communications relating to Louissaint’s efforts for Legerme, as well as for “T”

  [Tony MERTILE]; “P” [Junior “Peanut” MERTILE]; “G,” “Fat Ass,” [uncharged co-conspirator

  Pierre Cadet]. See Exhibit 1, Text Messages Between Legerme and Louissaint. Additional

  information showing Louissaint’ s connection to Legerme and his co-conspirators, and Legerme’s

  supervision, leadership, and/or management of Louissaint are set forth in the attached Affidavit,

  that was submitted in support of a complaint charged Louissaint. See Exhibit 12, Complaint and

  Affidavit, Case No. 1:21MJ59LDA, United States v. Louissaint. The fact that the charges were

  ultimately dismissed against Louissaint does not undercut the fact that ample facts exists to show

  by a preponderance that a U.S.S.G. 3B1.1 enhancement is warranted for Legerme’s actions with

  his cousin, Luckson Louissaint.

          B. Objection as to Zero Point Offender

          In addition to his objection on the U.S.S.G. § 3B1.1(c) enhancement, the Defendant objects

  to lack of a 2 point reduction under U.S.S.G. § 4C1.1, the Zero Point Offender provision. In

  relevant part, U.S.S.G. § 4C1.1 provides that:


           If the defendant meets all of the following criteria:
                  (1)    the defendant did not receive any criminal history points from
                  Chapter Four, Part A;




  4
    Although Louissaint claimed that he made the email addresses for Legerme’s Air BnB business, that
  explanation was not credible. See Complaint Affidavit, Exhibit 2, ¶ 32 (“LOUISSAINT also claimed that
  he did make email addresses for Legerme, but it was for Legerme to use to give his business and AirBNBs
  good reviews. LOUISSAINT claimed he made 20 emails at one time and 20 or 30 email addresses another
  time. According to records from AirBNB, Legerme is not an AirBNB host. Legerme’s wife, Shemka
  Williams is a host of one AirBNB property in Fort Lauderdale, FL. However, AirBNB records show that
  there are only 13 reviews for that property, and the last five reviews were March 1, March 11, March 15,
  March 21, and April 3, 2020. I note that LOUISSAINT’s and Legerme’s messages described above
  occurred between March 22, 2020 and June 6, 2020.”)

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                   (10) the defendant did not receive an adjustment under §3B1.1
                  (Aggravating Role); and
            decrease the offense level determined under Chapters Two and Three by 2 levels.
  U.S.S.G. § 4C1.1. The Defendant’s role in the conspiracy, and consequent role adjustment under

  U.S.S.G. § 3B1.1(c), makes him ineligible for a reduction under U.S.S.G. § 4C1.1.


     II.      SENTENCING RECOMMENDATION

              The sentence recommended by the Government is a significant, and a “sufficient but

  not greater than necessary” sentence, taking into account all of the 18 U.S.C. § 3553(a) sentencing

  factors, the Congressional mandate that the sentence for Aggravated Identity Theft, 18 U.S.C.

  § 1028A, and case law re 1028A.

     A. Defendant’s Conspiracy to Commit Wire Fraud Sentence Cannot Be Reduced or
        Lessened Due to 24 Month Sentence to be Imposed for Aggravated Identify Theft.

              As a preliminary matter, the Defendant stands before the Court convicted of Conspiracy

  to Commit Wire Fraud and Aggravated Identity Theft. The sentence for his Aggravated Identity

  Theft conviction must, by statute, be 24 months consecutive to whatever sentence the Court

  imposes for his conviction for Conspiracy to Commit Wire Fraud.

              As this Court is aware, in accordance with the penalty provision of 18 U.S.C. § 1028A

  and the case law interpreting that statute, a sentencing court must determine the sentence for Count

  2, Conspiracy to Commit Wire Fraud, the predicate offense in this case, independent of, and

  without regard for, the mandatory minimum sentence to be imposed for his violation of Count 12,

  Aggravated Identify Theft, and may not discount or offset the conviction for the predicate offense

  due to the mandatory minimum sentence to be imposed. 18 U.S.C. § 1028A(b)(3) states that:

           in determining any term of imprisonment to be imposed for the felony during which
           the means of identification was transferred, possessed, or used, a court shall not in
           any way reduce the term to be imposed for such crime so as to compensate for, or


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         otherwise take into account, any separate term of imprisonment imposed or to be
         imposed for a violation of this section; and

  18 U.S.C. § 1028(b)(3) (emphasis added).

              The Supreme Court, First Circuit, and other Circuits have consistently recognized that

  a sentencing court cannot reduce or offset the sentence to be imposed on a predicate offense due

  to the mandatory minimum sentence to be imposed under 18 U.S.C. § 1028A. In Dean v. United

  States, the Court held that 18 U.S.C. § 924(c), another statute setting a consecutive, mandatory

  minimum, did not prohibit consideration of the mandatory minimum sentence when determining

  sentence on the predicate offense. However, the Court expressly recognized the difference in the

  statutory language of 18 U.S.C. § 1028A and 18 U.S.C. § 924(c), and found that 18 U.S.C.

  § 1028A did not afford sentencing courts the same discretion as courts had under 18 U.S.C.

  § 924(c).

         Congress has shown just that in another statute, 18 U.S.C. § 1028A. That section,
         which criminalizes the commission of identity theft “during and in relation to”
         certain predicate felonies, imposes a mandatory minimum sentence “in addition to
         the punishment provided for” the underlying offense. § 1028A(a)(1). It also says
         that the mandatory minimum must be consecutive to the sentence for the underlying
         offense. § 1028A(b)(2). So far, § 1028A tracks § 924(c) in relevant respects. But §
         1028A goes further: It provides that in determining the appropriate length of
         imprisonment for the predicate felony “a court shall not in any way reduce the term
         to be imposed for such crime so as to compensate for, or otherwise take into
         account, any separate term of imprisonment imposed or to be imposed for a
         violation of this section.” § 1028A(b)(3).

  Dean vs. United States, 581 U.S. 62, 70 (2017). The First Circuit has also recognized this statutory

  mandate, finding that a sentencing court may not consider the mandatory minimum sentence to be

  imposed under 18 U.S.C. § 1028A, when determining the sentence for enumerated predicate

  offenses, such as Conspiracy to Commit Wire Fraud. See United States v. Vidal-Reyes, 562 F.3d

  43, 54 (1st Cir. 2009) (holding that sentencing courts has authority to consider the § 1028A

  mandatory minimum sentence when determining sentences for non-predicate offenses, but not for

                                                       9
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                                              #: 2016



 predicate offenses). As the First Circuit observed, “a major concern of § 1028A(b)(3)’s drafters

 was to ensure, by making the sentences truly cumulative, that prosecutors had an incentive to

 charge both the aggravated identity theft violation and the underlying predicate felony or felonies.”

 Id. (construing H.R.Rep. No. 108-528, at 10, to show that the bill amended Title 18 to provide for

 a “mandatory consecutive penalty enhancement of 2 years for any individual who knowingly

 transfers ... the means of identification of another person in order to commit a serious Federal

 predicate offense”). Other Circuits have held the same. The Third Circuit has held that:

           There is no doubt that § 1028A(b)(3) “bar[s] consideration of a mandatory
           minimum” during sentencing for the predicate felony.9 The Supreme Court as well
           as the First, Seventh, Eighth, Ninth, and Tenth Circuits have explained that under
           § 1028A, a sentencing court cannot reduce the sentence it would have otherwise
           imposed on a predicate conviction because of the knowledge of a defendant’s two-
           year mandatory minimum sentence for aggravated identity theft.

 United States v. Yusuf, 781 Fed. Appx. 77, 80 (3rd Cir. 2019) (unpublished) (vacating sentencing

 and remanding; finding that the district court improperly considered the mandatory minimum

 sentence to be imposed under 18 U.S.C. § 1028A when imposing sentence on the predicate

 offense). Similarly, the Tenth Circuit found that:

           Indeed, we indicated in [United States v. Smith, 756 F.3d 1179, 1185–87 (10th Cir.
           2014)] that § 1028A(b)(3)’s plain language “does” precisely “what it says”: it
           “prevent[s] a sentencing court from taking account of § 1028A[ (a)(1) ]’s
           mandatory minimum[ ] when considering a sentence for predicate offenses” such
           as bank fraud. And we noted in Smith that our sister circuits have reached the same
           conclusion. . . . . Thus, we hold that § 1028A(b)(3) prohibited the district court *437
           from considering § 1028A(a)(1)’s two-year sentence for aggravated identify theft
           in crafting Lara’s sentences for bank fraud.

 United States v. Lara, 733 Fed. Appx. 433 (10th Cir. 2018) (unpublished) (same) (collecting

 cases).




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                                            #: 2017



    A. Nature and Circumstances of the Offense (18 U.S.C. § 3553(a)(1))

           The “nature and circumstances of the offense” are egregious and compelling and

 warrant a significant, lengthy period of incarceration.

           For most Americans, the COVID-19 pandemic resulted in an unprecedented time of

 financial hardship, turmoil, and suffering, but for the Defendant and his conspirators, it constituted

 a lucrative opportunity to enrich themselves with funds intended for unemployed workers. While

 most individuals were sheltering in place, taking care of loved ones, and often making tough

 financial sacrifices, the Defendant and his co-conspirators collaborated amongst themselves, and

 with others, to take advantage of programs meant to help those in need and did so for their own

 selfish purposes. The Defendant’s conduct victimized numerous government entities, and

 countless individuals, whose personal identifying information (PII) was used by the Defendant and

 his co-defendants.

           As the pandemic ravaged the country, Congress appropriated billions of dollars to create

 or supplement government relief programs. Because this assistance was desperately needed by

 unemployed workers, independent contractors, nonprofits, and small businesses for their survival,

 the government made a policy decision to deliver the relief on an unprecedented scale as quickly

 as possible. In the spring of 2020, Congress passed the Coronavirus Aid, Relief and Economic

 Security (CARES) Act, which provided for a variety of economic benefits to struggling Americans

 during a time of severe negative economic impact as a result of the COVID-19 pandemic. At the

 time, the federal government had taken several steps to mitigate the effects of the pandemic on

 businesses and workers. The Families First Coronavirus Response Act (FFCRA) and Coronavirus

 Aid, Relief, and Economic Security (CARES) Act provided additional funding to assist workers

 who were unemployed/had hours cut as a direct result of the COVID-19 pandemic. The money



                                                      11
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                                           #: 2018



 was distributed to the state workforce agencies (SWAs) which handled the disbursement of

 traditional (state) Unemployment Insurance (UI) benefits, and the SWA disbursed the additional

 federal benefits. The CARES Act allowed states to expand the scope of workers who were eligible

 to receive state UI benefits, to extend the period of time for which workers could be eligible for

 UI benefits, and to allow workers who may have exhausted UI benefits under traditional programs

 to receive benefits. The CARES Act further expanded the ability of states to provide benefits to

 unemployed workers by creating three new unemployment programs, namely, the Pandemic

 Unemployment Assistance (PUA) program, which permitted states to provide benefits to

 individuals who were self-employed, seeking part-time employment, or otherwise would not

 qualify for regular unemployment benefits; the Federal Pandemic Unemployment Compensation

 (FPUC) program, which provided an additional benefit, initially in the amount of $600 and later,

 in the amount of $300, in federal benefits to individuals collecting traditional UI program

 benefits or PUA benefits; and the Pandemic Emergency Unemployment Compensation

 (PEUC) program, which provided additional weeks of benefits for individuals who had

 otherwise exhausted their entitlement to regular UI benefits (collectively referred to herein

 as “expanded pandemic UI benefits”). This legislation was much needed, as millions of

 unemployed workers across the United States turned to the unemployment insurance program as

 their jobs were imperiled by the effects of the pandemic.

           It was within this backdrop that the conspirators concocted and executed a scheme to

 unjustly divert finite unemployment insurance benefits from unemployed workers to themselves.

 Exploiting vulnerabilities in the execution of this massive relief effort, the defendant and his

 conspirators devised and repeatedly executed a fraud scheme targeting COVID-19 reliefs,




                                                     12
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                                           #: 2019



 including the Pandemic Unemployment Assistance Program. Specifically, the Defendant and his

 conspirators:

        ◼ obtained through various means the PII, including dates of birth and Social Security
        numbers, of identity theft victims;

        ◼ in preparation of submitting fraudulent applications to various state workforce agencies
        for unemployment benefits, the conspirators created and maintained email accounts to
        facilitate communications with state workforce agencies in the names of those for whom
        the conspirators had obtained PII;


        ◼ filed materially false and misleading unemployment applications with multiple state
        workforce agencies using the PII of identity theft victims in their possession, and on these
        applications, the conspirators provided fabricated employment and wage history, along
        with false contact information, such as physical and mailing addresses, email addresses,
        and phone numbers that did not, in fact, belong to the purported applicant;


        ◼ falsely certified the truth and accuracy of all the information included in the
        aforementioned applications, such as the purported applicants’ eligibility to receive the
        benefits when, in truth and in fact, the conspirators then and there well knew that the
        information was not true and accurate, the purported claimants were not eligible for the
        requested benefits, and those benefits were actually being paid to conspirators and not the
        purported claimants;


    ◼ opened and created bank accounts using the PII of identity theft victims, and obtained debit
      cards for those bank accounts, and directed the state workforce agencies to directly deposit
      the benefit payments to the bank accounts in the names of others and/or in bank accounts
      controlled by them;


    ◼ once their fraudulent applications were approved, the conspirators kept, maintained, and
      shared amongst themselves possession of the prepaid debit cards loaded with benefit
      payments, and the conspirators distributed the fraud proceeds amongst themselves and
      others; and


    ◼ for many of the approved applications, the conspirators would often double down on, and
      repeat their fraud by submitting weekly recertifications of unemployment status to the state
      workforce agencies, falsely claiming that the purported claimant was still unemployed and
      entitled to receive additional unemployment benefits.




                                                    13
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                                            #: 2020



 Given the scope of and means by with the Defendant and his co-conspirators committed this

 massive fraud, the Government was unable to fully identify the full amount of actual and attempted

 losses. However, the Government was able to determine, through analysis of bank records, and

 the parties have agreed to a loss amount of $4,857,191, which is based on the actual loss amount

 determined from review of a myriad of bank records. Therefore, the Defendant stands before this

 Court for being part of a conspiracy that stole nearly $5 million.

           As laid out above and in the PSR, the conspirators’ scheme was labor intensive,

 sophisticated, and multifaceted – recruiting co-conspirators and other participants to aid in their

 enormous fraud, obtaining PII through various means, maintaining and distributing the PII

 information amongst members of the conspiracy, preparing and submitting fraudulent applications

 for hundreds of purported claimants, recertifying fraudulent applications on a weekly basis,

 creating and maintaining email accounts to facilitate communications with the state workforce

 agencies, forging and falsifying documents to substantiate the false information provided in the

 fraudulent applications, and maintaining and distributing prepaid debit cards and the fraud

 proceeds amongst the members of the conspiracy. The repetitive, continuous nature of the fraud

 makes clear that the conspirators’ criminal conduct was not a product of a momentary lapse of

 judgment; instead, it was a rational, deliberate choice that the conspirators knowingly and willfully

 made over and over again. The volume, duration, and scope of the conspirators’ scheme is

 staggering and indicative of the greed motivating the conspirators’ criminal conduct.

           By looting the unemployment program, the conspirators repeatedly stole finite funds

 from those who needed it the most during the pandemic, and their relentless pursuit of these funds

 showed a callous disregard to unemployed workers, identity theft victims, state workforce agencies

 – who had the daunting task of administering an unprecedented relief effort – and American



                                                      14
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                                             #: 2021



 taxpayers, whose earnings underlie the funds in question. Through their criminal conduct, the

 conspirators interfered with and undermined the federal government’s efforts to provide necessary

 and urgent relief to Americans harmed by the pandemic. The nature and circumstances of the

 offense well support a substantial sentence for each conspirator.

            During search warrants executed at the homes of the 4 co-Defendants, investigators

 recovered a total of 994 debit cards from multiple banks, shown below, most of which were in the

 names of third parties and had been used to obtain fraudulent expanded pandemic UI benefits. The

 evidence recovered from the Defendant’s home, as well as review of bank records for accounts

 associated with the Defendant (fraudulently opened accounts and accounts in their names) show

 that Defendant Legerme, and his co-conspirators, had been using fraudulently obtained PII to

 obtain fraudulent payment from multiple federal and state government agencies prior to the

 pandemic. As a result, the when the COVID-19 pandemic began, the Defendants used their

 knowledge, and established systems, to defraud the Government programs to aid those struggling

 with COVID-19 pandemic.5




 5
  In their Plea Agreements, each of the Defendants have agreed to engaging in activity “beginning on an
 unknown date, but not later than January 2019 and continuing through on or about October 13, 2020,”
 which was the date of the arrests of J Legerme, T. Mertile, and J. Mertile. See Plea Agreements, ¶ 4a.


                                                       15
Case 1:20-cr-00100-MRD-PAS           Document 187         Filed 03/16/25     Page 16 of 29 PageID
                                           #: 2022




 Although the search of co-defendant Tony Mertile’s residence resulted in the seizure of the largest

 amount of currency and debit cards, as shown below, from Defendant Legerme’s residence, agents

 seized approximately $27,738,000 in cash, as well as numerous debit cards and multiple flip

 phones. PSR, ¶ 32. In addition, during execution of Legerme’s home, a PNC debit card in the

 name of a victim of identity theft, R.S. was found at the home of James LEGERME; that

 card was used to purchase access to accounts with Been Verified and Intelius. For example,

 the following accounts were created: Intelius LLC / People Connect (in the name of Allen

 Bien-Aime) created on December 31, 2018; from Intelius LLC / People Connect (in the

 name of R.S. created on 8/30/2019), and Been Verified (in the name of R.S. created on August 30,

 2019). PSR, ¶ 36.




                                                     16
Case 1:20-cr-00100-MRD-PAS   Document 187      Filed 03/16/25   Page 17 of 29 PageID
                                   #: 2023




                    Recovered from Residence of James Legerme




                                          17
Case 1:20-cr-00100-MRD-PAS   Document 187    Filed 03/16/25   Page 18 of 29 PageID
                                   #: 2024




                                        18
Case 1:20-cr-00100-MRD-PAS           Document 187      Filed 03/16/25     Page 19 of 29 PageID
                                           #: 2025




 The Government further notes that Defendant Legerme was observed in numerous ATM

 surveillance videos withdrawing funds from fraudulent cards, of which one image is shown below.

 The hat Legerme is wearing in this image was found in his vehicle when search warrants were

 executed at his home and vehicle.




                                                  19
Case 1:20-cr-00100-MRD-PAS    Document 187       Filed 03/16/25    Page 20 of 29 PageID
                                    #: 2026




                    Recovered from the Residence of Tony Mertile




                                            20
Case 1:20-cr-00100-MRD-PAS   Document 187    Filed 03/16/25   Page 21 of 29 PageID
                                   #: 2027




                                        21
Case 1:20-cr-00100-MRD-PAS           Document 187         Filed 03/16/25     Page 22 of 29 PageID
                                           #: 2028




    B. History and Characteristics of the Defendant (18 U.S.C. § 3553(a)(1))

        Defendant Legerme has no criminal history. However, he has engaged in fraudulent

 activity using fraudulently obtained PII and fraud on the government before. He was arrested in

 2013 in North Miami Beach, and found in possession of Chase and Western Union cards in the

 names of other persons. Legerme admitted to filing fraudulent tax returns; and said that one of his




                                                     22
Case 1:20-cr-00100-MRD-PAS            Document 187         Filed 03/16/25      Page 23 of 29 PageID
                                            #: 2029



 “homeboys” taught him how to do tax fraud. PSR, ¶ 45. He was not convicted for that conduct,

 and appears to have continued with his fraud involving false identities.

     C. Need to Afford General and Specific Deterrence (18 U.S.C. § 3553(a)(2)(B))

         Under 18 U.S.C. § 3553(a)(2)(B), there is a need “to afford adequate deterrence to criminal

 conduct.” A significant sanction needs to be imposed to send a signal to others who would

 contemplate engaging in wire fraud and aggravated identity theft, and to this Defendant to never

 return to this type of criminal activity. In this respect, the Government submits that a low-end

 Guideline sentence on Count 2, followed by the consecutive, mandatory 24-month term for Count

 12 is justified in this case.

         General deterrence is particularly important sentencing factor in fraud cases such as this

 one because it is viewed to be effective. The deliberate nature of fraud often renders it more

 difficult to uncover, since individuals engaged in fraud take affirmative steps to conceal their

 identities and conduct. The First Circuit, among others, has “emphasized the importance of general

 deterrence of white collar crime.” United States v. Prosperi, 686 F.3d 32, 47 (1st Cir. 2012); see

 also United States v. Mueffelman, 470 F.3d 33, 40 (1st Cir. 2006) (stating that “the deterrence of

 white collar crime” was “of central concern to Congress”); also United States v. Landry, 631 F.3d

 597, 607 (affirming wire fraud and aggravated identify theft sentence; finding that the district court

 did not err in considering the need for the sentence to afford deterrence in an aggravated identity

 theft case); United States v. Martin, 455 F.3d 1227, 1240 (11th Cir. 2006) (“Because economic

 and fraud-based crimes are ‘more rational, cool, and calculated than sudden crimes of passion or

 opportunity’ these crimes are ‘prime candidates for general deterrence.’ ” quoting Stephanos

 Bibas, White-Collar Plea Bargaining and Sentencing After Booker, 47 Wm. & Mary L. Rev. 721,

 724 (2005)).



                                                      23
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                                            #: 2030



        The COVID-19 pandemic and programs created to aid struggling Americans citizens,

 residents, and businesses, led to a surge in identity theft and fraud against government programs

 in 2020 and thereafter, resulting in estimated hundreds of billions of total losses.6 Despite its best

 efforts, law enforcement will not ever be able to identify, catch, and convict all of the opportunistic

 fraudsters who made off with taxpayers’ funds during the pandemic. The case against this

 Defendant, and his co-conspirators, presents a worthwhile opportunity for the Court to impose a

 sentence that will grab the attention of those who may be considering similar crimes. The

 recommended sentence of imprisonment for this fraud scheme is “sufficient, but not greater than

 necessary” to deter this Defendant, and other who may consider engaging in similar conduct.

     D. Need to Reflect the Seriousness of the Crimes, Promote Respect for the Law, and Need to
        Provide Just Punishment (18 U.S.C. § 3553(a)(2)(C))

            The Defendant’s crimes are unquestionably serious. During the height of the COVID-

 19 pandemic, he and his conspirators countlessly executed a fraud scheme targeting state

 workforce agencies that were administering COVID-19 relief to unemployed workers. The

 conspirators unjustly diverted at least $4,857,191 in unemployment benefits from overburdened

 government agencies and desperate, unemployed workers to themselves. By numbers alone, the

 criminal conduct is extremely serious, but the harm in this case cannot be measured solely by

 financial losses. The defendant’s criminal conduct imposed other non-pecuniary harms on primary

 and secondary victims.

        First, by flooding state workforce agencies with hundreds upon hundreds of fraudulent

 unemployment applications, the defendant raised administrative costs for these agencies, likely



 6
   See Richard Lardner et al, The Great Grift: How billions in COVID-19 relief aid was stolen or wasted,
 Associated Press, June 12, 2023, https://apnews.com/article/pandemic-covid19-fraud-small-business-
 inspector-general-7e651b3e405863f0be9f2e34ca47b93e


                                                       24
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                                            #: 2031



 delaying the approval of legitimate applications by unemployed workers. This harm is far from

 theoretical. Facing lengthy delays in the adjudication of unpaid claims, genuinely unemployed

 workers initiated class action litigation against the VEC during the pandemic in order to obtain

 unemployment benefits owed to them in a timely manner. As United States District Court Judge

 Henry E. Hudson aptly observed in the separate class action on this matter, “the unprecedented

 COVID-19 pandemic and pandemic-related restrictions caused a significant increase in

 unemployment claims and overwhelmed unemployment compensation programs nationwide,

 including in Virginia.” Cox et al. v. Hess, Case No. 3:21-cv-253-HEH, Dkt. No. 25 at 1 (Order).

 The defendant’s sentence must reflect the harm to unemployed workers who suffered lengthy

 delays in the approval of their legitimate unemployment claims and the receipt of much needed

 benefits due to the increase in administrative costs on state workforce agencies caused by the

 conspirators’ submission of numerous fraudulent applications.

        Second, although the identity theft victims in this case did not directly suffer a financial

 loss to the Government’s knowledge, being the victim of identity theft is truly a life altering

 experience, nonetheless. In addition to potential financial harm, many victims of identity theft

 suffer devastating emotional and psychological trauma from these crimes, resulting in feelings of

 anger, fear, anxiety, depression, confusion, and more. Moreover, the conspirators filing claims

 using the PII of identity theft victims potentially hampered the ability of these individuals to obtain

 unemployment benefits and created potential tax liabilities for victims who never knew of or

 received the unemployment benefits obtained in their names.

        Fourth and finally, while the state workforce agencies and identity theft victims are the

 ostensible victims in this case, the Defendant and his co-conspirators also defrauded American




                                                       25
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                                              #: 2032



 taxpayers whose earnings underlie the government program in question. In sum, the Defendant’s

 crimes are serious and deserving of a lengthy term of imprisonment.

         C. Need to Avoid Unwarranted Sentencing Disparities (18 U.S.C. § 3553(a)(6))

            Under 18 U.S.C. § 3553(a)(6), there is a need to “avoid unwarranted sentence disparities

 among defendants with similar records who have been found guilty of similar conduct.” “Section

 3553(a)(6) ‘is primarily aimed at national disparities, rather than those between co-defendants.’”

 United States v. Reyes-Rivera, 812 F.3d 79, 90 (1st Cir. 2016) (affirming 242 month sentence for

 $22 million Ponzi scheme) (citing United States v. Marceau, 554 F.3d 24, 33 (1st Cir.2009)). See

 also United States v. Munyenyezi, 781 F.3d 532, 545 (rejecting claim that disparity refers to

 disparity among sentences within a district; finding that 18 U.S.C. § 3553(a)(6) “primarily refers

 to national disparities among similarly situated defendants.”)

            Within this District, conspiracy to commit wire fraud cases are not novel. However, the

 backdrop of the COVID-19 crisis in the United States is unique. Although other cases involving

 UI fraud during the COVID-19 pandemic have proceeded to sentencing in this District, none of

 those cases came close to approaching the magnitude and sophistication of the fraud committed

 by this group of defendants has been sentenced in this District. In a review across the country as

 to how various districts have sentenced COVID-19 related fraud cases committed during a time of

 national crisis, several cases are consistent with the Government’s recommendation here and have

 yielded significant sentences. See, e.g., United States v. Jerry Phillips, TDC-22-073 (D. Maryland

 2023), the defendant and his co-defendant, Jaleel Phillips,7 was sentenced to 84 months (60 months

 + 24 months) for fraud involving pandemic UI benefits, CARES Act Paycheck Protection Program



 7
  The Government notes that defendant Jerry Phillips had a machine gun in his possession at the time of his
 arrest, which he had purchased as a “ghost gun” and modified.


                                                        26
Case 1:20-cr-00100-MRD-PAS          Document 187        Filed 03/16/25     Page 27 of 29 PageID
                                          #: 2033



 (PPP) loan applications, and Economic Injury Disaster loan (EIDL) applications); United States v.

 Kenny Lee Howard, 24-cr-20142-LVP-DRG, (EDMI, March 13, 2025) (sentenced to 94 months

 wire fraud and aggravated identity theft for role in COVID-19 UI fraud with $6.2 million loss

 (actual), and in excess of $11 possible); United States v. Heather Huffman, 22-cr-00008-JAG-

 MRC, (E.D. Va. 2024) (former federal employee sentenced to 216 months for wire fraud and

 aggravated identity theft in COVID-19 UI fraud with $3.5 million attempted loss and $2 million

 actual loss); United States v. Beaty, No. 23-2060, 2024 WL 5003232 (6th Cir. December 6, 2024)

 (affirming W.D.M.I. sentence; defendant sentenced to 124 months (84 months for conspiracy to

 commit wire fraud + 24 months for aggravated identity theft) for UI ($760K) and SBA loan fraud

 ($300K)); United States v. Gladstone Njokem, RDB-21-338 (D. Maryland 2023) (sentencing

 defendant to 54 months for conspiracy to commit wire fraud and aggravated identity theft for

 $1.3M UI fraud with 183 PII victims); United States v. Eric Michael Jaklitsch, 22-cr-00015-WBS-

 1 (EDCA) (sentenced to 81 months (57 months + 24 months) for $7.5 million UI and Economic

 Injury Disaster Loan (EIDL) fraud); United States v. Joseph Marsell Cartlidge, Eric Alexander

 McMiller, and David Christopher Redfern¸1:20-CR-340 (M.D.N.C. 2022) (receiving 72 months,

 66 months, and 60 months of imprisonment, respectively for submitting fraudulent PPP and EIDL

 applications, obtaining $1.2M in loans); United States v. Lola Kasali, 4:20-MJ-1106 (S.D. Tex.

 2022) (receiving 70 months of imprisonment for submitting two fraudulent PPP loan applications

 and obtaining $1.9M in loans); United States v. Tarik Freitekh, 3:20-CR-00435 (W.D.N.C. 2022)

 (receiving 87 months of imprisonment for submitting fraudulent PPP applications and obtaining

 $1.75M in loans); United States v. Adam D. Arena, 21-MJ-05134 (W.D.N.Y. 2022) (receiving 66

 months of imprisonment for his role in fraudulently obtaining and laundering approximately

 $950,000 in pandemic loans).



                                                   27
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                                            #: 2034



           D. Need to Protect the Public (18 U.S.C. § 3553(a)(2)(C))

             When fashioning an appropriate sentence, the Court must also consider protecting the

 public from further crimes committed by the defendant. 18 U.S.C. § 3553(a)(2). A low-end

 Guideline sentence on Count 2, followed by the consecutive, mandatory 24-month term for Count

 12, will protect the public from future crimes of the defendant and will promote respect for the

 law.

    III.      CONCLUSION

           For all of these reasons, the Government urges this Court to impose the recommended

 sentence.



                                                       Respectfully submitted,

                                                       SARA MIRON BLOOM
                                                       ACTING UNITED STATES ATTORNEY




                                                       DENISE M. BARTON
                                                       STACEY A. ERICKSON
                                                       Assistant U.S. Attorneys
                                                       JOHN MOREIRA
                                                       Special Assistant U.S. Attorney
                                                       United States Attorney’s Office
                                                       One Financial Plaza, 17th Floor
                                                       Providence, RI 02903
                                                       401-709-5000 (office)




                                                      28
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                                          #: 2035



                                CERTIFICATE OF SERVICE

        I hereby certify that on this 16 day of March 2025, I caused the within Government’s

 Sentencing Memorandum to be filed electronically and to be available for downloading on the

 Court’s ECF system:




                                                    DENISE M. BARTON
                                                    Assistant U. S. Attorney,
                                                    U. S. Attorney's Office
                                                    One Financial Center Plaza, 17th Floor
                                                    Providence, RI 02903
                                                    401-709-5000




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                                  EXHIBIT 2
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                                       #: 2057
                                   1:21MJ59LDA

                                      AFFIDAVIT
       I, Matthew J. Riportella, do under oath depose a state:
                                    I. INTRODUCTION
                                     Agent Background
       1.     I am a Special Agent of the Federal Bureau of Investigation (“FBI”). I have
 been employed by the FBI since June 2012. I am currently assigned to the FBI Boston
 Division’s Providence Rhode Island Complex Financial Crimes Task Force
 (“PRICFCTF”), which is comprised of law enforcement officers from the FBI, Rhode
 Island State Police (“RISP”), United States Secret Service (“USSS”) and other federal law
 enforcement agencies. As a member of the PRICFCTF, I am responsible for
 investigating white collar crimes in Rhode Island. Previously, I was assigned to the FBI
 Boston Divisions’ Organized Crime Task Force. I have experience investigating illegal
 gambling, narcotics, extortion, money laundering, kidnapping, wire fraud, mail fraud
 and other federal crimes. My investigations have included the use of surveillance
 techniques, and the execution of search, seizure, and arrest warrants.
                                          Purpose
       2.     I make this affidavit in support of an application for an arrest warrant and
 criminal complaint charging Luckson LOUISSAINT (LOUISSAINT), DOB February 3,
 1990, Social Security Number: 347-95-8779, with Conspiracy to Commit Mail, Wire, and
 Bank Fraud (18 U.S.C. § 1349), Access Device Fraud (18 U.S.C. § 1029(a)(5)), and
 Aggravated Identity Theft (18 U.S.C. § 1028A) (“Specified Federal Offenses”).
 LOUISSAINT resides at 49 Coyle Ave. #5 Pawtucket, RI and is described as a Black
 male, 31 years old, 5’7, weighing approximately 160 pounds with dark hair (hereinafter
 referred to as the “SUBJECT PERSON”).
       3.     I also make this affidavit in support of Applications for a Search Warrant
 pursuant to Rule 41 of the Federal Rules of Criminal Procedure for a search of:
                  a. the SUBJECT PERSON, Luckson LOUISSAINT, as more
                     particularly described in Attachment A-1 (attached hereto
                     and incorporated herein by reference) at whatever location

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                                        #: 2058



                      he may be found, for the items described in Attachment B-1;
                      and
                  b. 49 Coyle Ave. #5 Pawtucket, RI (the SUBJECT PREMISES),
                      as more particularly described in Attachment A-2 (attached
                      and incorporated herein by reference) for the items
                      described in Attachment B-2,
        4.     As set forth below, there is probable cause to believe that located on the
 SUBJECT PERSON and in the SUBJECT PREMISES is evidence, fruits, and
 instrumentalities of violations the Specified Federal Offenses.
        5.     The facts set forth in the Affidavit are based on my personal observations,
 my training and experience, information obtained from other agents, witnesses, and
 records obtained during the course of the investigation. Because I submit this Affidavit
 for the limited purpose of showing probable cause, I have not included in this Affidavit
 each and every fact that I have learned in this investigation. Rather, I have set forth only
 facts sufficient to establish probable cause to issue an arrest warrant for the individuals
 identified herein and to search the email accounts set forth herein. Unless specifically
 indicated otherwise, all conversations and statements described in this affidavit are
 related in substance and in part only.


                                  II.     PROBABLE CAUSE
        6.     As described herein, from at least March 2020 through October 2020,
 LUCKSON LOUISSAINT has conspired with James Legerme, Tony Mertile, and others,
 to provide information and receive fraudulently issued debit cards, all in furtherance of
 the receipt of fraudulent UI benefits.
    A. Post- CARES Act Unemployment Fraud Schemes in Rhode Island and
        Nationwide.
        7.     Since early April 2020, the FBI, RISP, Internal Revenue Service-Criminal
 Investigations (“IRS-CI”), Department of Labor- Office of Inspector General (“Labor-
 OIG”), United States Postal Inspection Service (“USPIS”) and the United States Secret

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                                        #: 2059



 Service (“USSS”), with the assistance of other federal agencies, have been investigating
 a large volume of fraudulent UI claims submitted to the Rhode Island Department of
 Labor & Training (“RIDLT”) and other state UI benefit agencies. These claims were
 submitted online using an individual’s personally identifiable information (“PII”) to
 include their name, DOB and SSN. These claims were paid out by the State of Rhode
 Island and other state UI agencies via electronic bank or wire transfers to bank accounts
 and/or to debit cards, identified by the applicant when the application for UI benefits
 was submitted.
                             UNEMPLOYMENT INSURANCE
        8.     Benefits that were available in 2020 and 2021 through state unemployment
 insurance agencies, such as RIDLT, included the traditional unemployment insurance
 benefits, as well as benefits that became available as federal legislation was passed at
 the outset and during the pendency of the COVID-19 pandemic. Because the conduct
 described herein involves various types of UI benefits sought from and paid by
 multiple state UI agencies, I have summarized some of these benefit programs.
        9.     The Unemployment Insurance Program (“UI Program”) is a joint federal-
 state partnership administered on behalf of the U.S. Department of Labor by state
 workforce agencies (“SWA”), also commonly referred to as UI agencies, in each state.
 In Rhode Island, the UI Program is operated by the RIDLT, the RI UI agency / SWA.
 The UI Program is designed to provide benefits to persons who are out of work through
 no fault of their own. UI benefits are generally funded through state employment taxes
 paid by employers. In order to qualify for traditional UI benefits, the applicant must
 have earned wages which were taxed, for a qualifying period of time. Self-employed
 individuals, independent contractors and non-traditional workers whose income is
 outside of a traditional employment relationship (sometimes referred to as gig
 employees) not paying employment taxes, are generally not covered by UI programs.
        10.    On March 27, 2020, the CARES Act provided additional assistance to
 workers who would otherwise not qualify for traditional UI benefits. The CARES Act
 provided assistance in the form of Pandemic Unemployment Assistance (“PUA”),

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 Pandemic Emergency Unemployment Compensation (“PEUC”) and Federal Pandemic
 Unemployment Compensation (“FPUC”).
       11.    PUA generally provides benefits to certain individuals who would not
 qualify for traditional UI programs, and are unemployed, partially unemployed, or
 unable to work due to COVID-19 related reasons. Individuals who are able to telework
 with pay are not eligible for PUA assistance. PUA initially provided up to 39 weeks of
 benefits to qualifying individuals which were set to expire on December 31, 2020. On or
 about December 27, 2020, the Continued Assistance for Unemployed Workers of 2020
 Act was signed into law. This Act extended the payment of PUA benefits for up to 50
 weeks through March 14, 2021. Then on March 11, 2021, the American Rescue Plan Act
 of 2021 (“ARPA”) was signed into law. Under ARPA, PUA benefits for up to 79 weeks
 have been extended through September 6, 2021. The PUA program is administered by
 the SWA / UI agency in each state, but the benefits are 100% funded by the federal
 government. A PUA claim is a claim for benefits against income earned or expected to
 be earned by the claimant in a particular state. The claimant must certify to the
 particular SWA / UI agency administering the benefits that the claimant is able to go to
 work each day, and, if offered a job, the claimant must be able to accept it. The claimant
 must certify this information on a weekly basis during the benefits period. The
 claimant is also responsible for reporting any income earned on a weekly basis to the
 SWA / UI agency to which they submitted a claim.
       12.    PEUC was established to extend the term for UI benefits and provided up
 to an additional 13 weeks of UI benefits to individuals who have exhausted their
 regular UI benefits under state or federal law and have no rights to UI under any other
 federal state or law. Under the Continued Assistance for Unemployed Workers of 2020
 Act, PEUC benefits were extended to provide an additional 11 weeks of benefits for a
 maximum of 24 weeks through March 14, 2021. Under ARPA, PEUC benefits have been
 extended for up to 53 weeks through September 6, 2021.
       13.    Separately, FPUC provided an additional $600 per week in benefits
 through July 2020, to individuals who were collecting UI, PUA and PEUC benefits.

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 FPUC benefits are 100% funded by the federal government. From August 1, 2020
 through September 5, 2020, PUA and UI claimants were eligible to receive Federal Lost
 Wage Assistance (“FLWA”) in the amount of $300 per week funded by the Federal
 Emergency Management Agency (“FEMA”). Under the Continued Assistance for
 Unemployed Workers of 2020 Act, an additional $300 in weekly FPUC benefits was
 extended from December 26, 2020 through March 14, 2021. Then under ARPA, FPUC
 benefits of $300 have been extended through September 6, 2021.


                          LOUISSAINT is Identified as a Co-Conspirator
        14.     In our investigation, Tony Mertile, Junior Mertile, James Legerme, and
 Allen Bien-Aime, all residents of Florida, were identified as persons who were
 conspiring to use bank accounts to receive payments for fraudulent UI claims submitted
 to the RIDLT and to other state SWAs/UI systems and for fraudulent tax refunds;
 fraudulently access the bank accounts opened using PII of other persons and into which
 those fraudulently obtained funds were deposited; and withdraw fraudulently obtained
 UI benefits and tax refunds from the fraudulently opened bank accounts.
        15.     On October 6, 2020, Tony Mertile, Junior Mertile, James Legerme, and
 Allen Bien-Aime were all charged by Complaint in the District of Rhode Island in
 connection with a scheme to obtain fraudulent UI and tax refund proceeds. 1 On
 October 13, 2020, the residences of Tony Mertile, Junior Mertile, James Legerme, as well
 as their persons and vehicles, were searched pursuant to federal search warrants. In
 addition to multiple computers and cell phones, law enforcement agents located:
                    a. At James Legerme residence, 2949 NW 99th Terrace, Sunrise, FL
                        (Legerme’s residence) -- approximately $100,000 worth of jewelry
                        and watches; $73,758 cash and money orders, multiple cellular




 1 The Complaints for Tony Mertile, Junior Mertile, James Legerme, and Allen Bien-Aime are docketed at

 Dkt Nos. 20-MJ-95, 20-MJ-96, 20-MJ-97, and 20-MJ-98. The cases were later charged by Indictment and
 Superseding Indictment, in the District of Rhode Island. See Dkt. No. 20-CR-00100.

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                     telephones, and over one hundred debit cards in the names of other
                     persons, including Chime debit cards and mailers.
                  b. At Tony Mertile’s residence -- approximately $940,000 in cash,
                     firearms, a large collection of jewelry and watches; a large number
                     of debit cards in the name of other persons, from multiple banks,
                     including Chime Bank, Wells Fargo bank, and SunTrust bank;
                     multiple flip style cell phones marked with telephone numbers,
                     including with Rhode Island area code (401); a notebook that
                     appears to identify Green Dot and Go Bank accounts, among
                     others.
                  c. At Junior Mertile’s residence, -- $125,000 in cash, debit cards in the
                     names of other persons, and multiple cell phones.


       16.    During a preview search of a cellular telephone located at (Legerme’s
 residence, agents viewed text messages between the user of the telephone, believed to
 be Legerme and a contact identified as “Son” with telephone number +4015458084.
 The telephone number 4015458084 has been identified as one used by LUCKSON
 LOUISSAINT. The telephone number 4015458084 is the phone number listed in the
 subscriber information with Apple for an account in the name of “Luckson Louissaint”
 at “49 coyle avenue, apt 5, pawtuket [sic], Rhode Island” with the Apple ID
 lucksonlouissaint@icloud.com. That phone number is also listed in the AirBNB user
 account for Luckson Louissaint. I also note that the contact information assigned to the
 number in cell phone located at Legerme’s residence is “Son,” which I believe to be an
 abbreviation for Luckson.
       17.    Based on the text messages exchanged between LOUISSAINT and
 Legerme, I believe that LOUISSAINT was provided Legerme, and his co-conspirators,
 with emails addresses and passwords to use in furtherance of the efforts to open
 fraudulent bank accounts and obtain fraudulent UI proceeds. Excerpts of some of the



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                                          #: 2063



 messages are set forth below. In the messages, I have referred to the user of the cell
 phone as “Legerme” because the cell phone was found at his residence.
        18.    A text exchange dated March 28, 2020 reads:
        -Legerme: 2:12 PM - You'll be done today?
        -LOUISSAINT: 2:21 PM - Lebonjonas@aol.com
                              Happyy05
                              60

        Based on my training and experience, in this text message, I believe that
 LOUISSAINT was providing Legerme with an email address and password to access
 that email account.
      19. A text exchange dated April 2, 2020 reads:

        -Legerme: 2:59 PM - Still have 20 left but I’m giving it to t but I need lol (Emoji)
        -LOUISSAINT: 2:59 PM - ok 100 more
        -LOUISSAINT: 3:00 PM - ?
        -Legerme: Yes go ahead, I owe you 200, P owe 100, Fat 100, T 100 right now.

        Based on my training and experience, in this text message, I believe that Legerme
 was telling LOUISSAINT that he still had email addresses and passwords to be used,
 but that he was giving those email addresses/passwords to “t,” who I believe to be co-
 conspirator Tony Mertile. I also believe that LOUISSAINT was confirming additional
 activity between them with his statement “ok 100 more.” I also believe that Legerme
 was confirming what he and his co-conspirators owed LOUISSAINT, specifically that
 he (Legerme) owed LOUISSAINT $200 or owed for 200 email addresses and that his
 three co-conspirators, referenced by initials, owed him $100 each or for 100 email
 addresses. At this point, whether the numbers refer to amounts owed or email
 addresses created, for which money is owed, is not yet known. I also not that in text
 messages between Legerme and LOUISSAINT on March 22 and 23, 2020, there were
 references to “P/200, G/100/Fat/100. Text exchanged I owe you 200, P owe 100, Fat
 100, T 100”. I believe the references to “P,” “Fat,” “G,” and “T,” refer to Legerme’s co-
 conspirators, including Junior Mertile, who is known by the name “Peanut,” and Tony
 Mertile, who is referred to as “T.”

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                                        #: 2064



      20. A text exchange from April 4, 2020 reads:
         -Legerme: I never paid you for Tony first 20
         -LOUISSAINT: Emelynwenderli76@aol.com
                            Happy06

       Based on my training and experience, in this text message, I believe that Legerme
 was telling LOUISSAINT that he owes LOUISSAINT money on behalf of co-conspirator
 TONY MERTILE for LOUISSAINT for LOUISSAINT’s part in providing information,
 including e-mail addresses, to Legerme and others.
      21. A text exchange from April 10, 2020 reads:
       -Legerme: 10:06 AM - 12 didn't work
       -LOUISSAINT: 10:08 AM - ok no problem
                   10:11 AM - asking for code?
       -Legerme: 10:12 – yes

       Based on my training and experience, in this text message, I believe that Legerme
 was telling LOUISSAINT that 12 of the email accounts and passwords that he provided
 didn’t work and that when JAMES Legerme tried to access the accounts, he was
 prompted to enter a code.
      18. A text message from June 6, 2020 reads:
       -Legerme: 9:24 PM – Getting the money now for you
       -LOUISSAINT: 10:38 PM – ok
 Based on my training and experience, I believe that Legerme was advising
 LOUISSAINT that he was obtaining payment for him.
       22.    I have also reviewed bank records from Wells Fargo, that show that an
 account was opened in the name of Ryan Fitzpatrick, DOB 2/4/1996, listing
 LOUISSAINT’s residence in Pawtucket, Rhode Island as the customer address. I have
 confirmed that Ryan Fitzpatrick, with that DOB, is a real person and he does not reside
 in Pawtucket, Rhode Island. Based on my training and experience, I believe that a debit
 card for the Ryan Fitzpatrick account would have been sent to the address on file. From
 materials provided by Wells Fargo, this account and others, appear to be connected to



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  Tony Mertile, Legerme, and Junior Mertile. However, I note that the he investigation
  into the Wells Fargo activity is ongoing.
         23.    US Postal Service Records show that a priority mail parcel was sent,
  listing LOUISSAINT’s home address and telephone number, 401-545-8084, to Legerme
  on August 25, 2020. A second parcel, a priority mail flat rate envelope, was sent from
  LOUISSAINT’s address, the label image is partially cut off and no sender name can be
  seen, to Legerme on August 22, 2020. Based on my training and experience, and work
  on this investigation, I believe that LOUISSAINT was sending Legerme debit cards
  and/or PII for use in furtherance of the Specified Federal Offenses.


                  The October 13, 2020 Coyle Ave Search of LOUISSAINT’s residence
         24.    On October 13, 2020, the Honorable Patricia A. Sullivan, US Magistrate
  Judge for the District of Rhode Island authorized search warrants for LOUISSAINT’s
  residence, 49 Coyle Ave #5 Pawtucket, RI, and his person of LOUISSAINT. 2 On
  October 13, 2020, the FBI executed the search of LOUISSAINT’s residence. Agents were
  unable to execute the search of his person because LOUISSAINT was not home at the
  time of the search of his residence. A woman who identified herself as LOUISSAINT’s
  girlfriend told agents that LOUISSAINT was working.
         25.    During the search of LOUISSAINT’s residence, agents found 3 Chime
  debit cards with the debit card mailers, in the names of Stevan Harris, Shane Harris and
  Shawn Harris addressed to 49 Coyle Ave #5 Pawtucket, RI.
         26.    I know from my training and experience that Chime is a financial
  technology company that offers overs on-line and app-based banking services. Banking
  services for Chime accounts and debit cards are provided by Stride Bank and Bancorp
  Bank. Records produced by Stride Bank and Bancorp showed that each of these cards
  were issued in three different names, using SSNs and DOBs of three real persons, and




  2 Case Numbers: 20-SW-375-PAS and 20-SW-376-PAS


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  all were sent to LOUISSAINT’s residence. We have not yet determined if these
  numbers and emails are legitimate with whom that are associated.
         27.     Stride Bank records showed that:
                     a. A person applied for the debit card in the name of Stevan Harris on
                         June 17, 2020 at 1:55 pm, using SSN 533-17-3409 and DOB
                         7/28/1984. The listed account address was 49 Coyle Avenue,
                         Pawtucket, RI 02860. 3 An $8,121.00 payment from Arizona
                         Benefitpay, which services the Arizona UI agency, was made to this
                         debit card on June 18, 2020. The AZ UI payment was for a claim
                         filed on June 17, 2020 in the name of Shannon Harris, SSN 600-48-
                         6910, with a listed Arizona address. I have confirmed that a
                         Shannon Harris, with this SSN, lives in Washington. The
                         application information for each of the debit cards listed a phone
                         number and email.
                     b. A person applied for the debit card in the name of Shane Harris on
                         June 17, 2020, at 1:47 pm (8 minutes before the Stevan Harris
                         application), using SSN 538-96-9491 and DOB 04/01/1985. The
                         records from Stride Bank show no deposits on the debit card in the
                         name of Shane Harris. 4
         28.     Bancorp records showed that a Chime debit card in the name of Shawn
  Harris issued on June 17, 2020. The applicant listed the name Shawn Harris, and the
  SSN ending 1058 and DOB of 04/04/1985. 5 The records from Bancorp show no
  deposits on the debit card in the name of Shane Harris. According to Bancorp records,




  3 The listed phone number on the Stevan Harris Stride (Chime) account was 2532710737 and the email

  was miguelpolo@aol.com.
  4 The listed phone number on the Stevan Harris Stride (Chime) account was 2533075942 and the email

  was juanaviel@aol.com.
  5The listed phone number on the Shawn Harris Bancorp (Chime) account was 2062518157 and the email
  was raulosua@aol.com.

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                                       #: 2067



  the debit card in the name of Shane Harris was directed to be sent to “SHAWN
  HARRIS, 49 COYLE AVE APT 5, PAWTUCKET, RI 02860.”
        29.    From my training and experience, and work on this investigation, I
  believe that the debit cards on which no deposits were made were opened to receive
  fraudulent UI benefits but we obtained the cards before they were used for that
  purpose.
                                    Use of Real Identities
        30.    In addition to the use of the name Shannon Harris, as described above, in
  connection with the AZ UI claim, I have confirmed that the identifiers used to open the
  3 Chime debit cards that were sent to LOUISSAINT’s house all belong to real persons,
  whose DOBs and SSNs match the information use to open the accounts. None of the
  persons reside in LOUISSAINT’s residence, the location listed as the address upon
  opening of the debit card accounts.
                  a. The true name, DOB, and SSN 533-17-3409 of Stevan Harris were
                      used to open and the Stride Bank issued Chime card found at
                      LOUISSAINT’s residence and on which $8,121.00 in Arizona UI
                      benefits were paid. Stevan Harris resides in Washington State.
                  b. The true name, DOB, and SSN of Shane Harris were used to open
                      and the Stride Bank issued Chime card found at LOUISSAINT’s
                      residence and on which $8,121.00 in Arizona UI benefits were paid.
                      Shane Harris resides in Oregon.
                  c. The true name and DOB of Shawn Harris were used to open the
                      Bancorp issued Chime card found at LOUISSAINT’s residence.
                      Shawn Harris is a resident of Washington state, not of
                      LOUISSAINT’s residence in Pawtucket, Rhode Island.


                                 Statement by LOUISSAINT
        31.    On October 21, 2020, LOUISSAINT called your affiant at the FBI
  Providence Office and asked to discuss the search warrant that had been executed at his

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                                           #: 2068



  home on October 13, 2021. LOUISSAINT claimed that James Legerme was his cousin
  and that the package that LOUISSAINT sent to Legerme in Florida was a gift card. I
  note that the mail records obtained to date show that LOUISSAINT sent two, not one
  mailings, to Legerme, in August. LOUISSAINT spent $26.35 to send one parcel, and
  $7.75 to send the second parcel.
         32.   LOUISSAINT also claimed that he did make email addresses for Legerme,
  but it was for Legerme to use to give his business and AirBNBs good reviews.
  LOUISSAINT claimed he made 20 emails at one time and 20 or 30 email addresses
  another time. According to records from AirBNB, Legerme is not an AirBNB host.
  Legerme’s wife, Shemka Williams is a host of one AirBNB property in Fort Lauderdale,
  FL. However, AirBNB records show that there are only 13 reviews for that property,
  and the last five reviews were March 1, March 11, March 15, March 21, and April 3,
  2020. I note that LOUISSAINT’s and Legerme’s messages described above occurred
  between March 22, 2020 and June 6, 2020.
         33.   LOUISSAINT also acknowledge that he knew Tony Mertile. He claimed
  that both Legerme and Tony Mertile helped him when he first came to the country and
  was down on his luck. LOUISSAINT said that the last time he spoke to Tony Mertile
  was in 2017 when he called him to wish him a happy birthday.
         34.   Based on my training and experience in investigating this and similar
  violations of federal law, I believe that LOUISSAINT is a willing participant involved
  the UI fraud. I believe that LOUISSAINT assisted Legerme, Tony Mertile, Junior Mertile
  and others commit UI fraud by making email addresses for them. I believe that
  LOUISSAINT was paid for his services for making these emails and that is what is
  referenced in the text messages between Legerme and LOUISSAINT referenced in the
  October 2020 Riportella Affidavit. I believe that the Chime card located inside
  LOUISSAINT’s apartment with the $8,121 of Arizona BenefitPay was payment for his
  services.




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                 Additional UI Claims Associated with LOUISSAINT’s Address
        35.    I am also aware that additional UI claims, in Rhode Island and in other
  states, list other persons and apartments in 49 Coyle Avenue, Pawtucket in UI
  applications. The IP addresses used to file those UI claims may be linked to additional
  UI claims for other addresses in multiple states. Our investigation is ongoing and we
  have not yet determined if those claims are valid and/or connected to LOUISSAINT.


                                          Summary
        36.    Based on my training and experience, I believe that LUCKSON
  LOUISSAINT is conspiring with others, including James Legerme, Tony Mertile, Junior
  Mertile, and others, in the commission of the Specified Federal Offenses by providing
  information, including e-mail addresses and passwords, to his co-conspirators to open
  bank accounts and file fraudulent UI claims, and that he is knowingly receiving debit
  cards that were fraudulently issued in the names of others, to receive fraud proceeds.
        37.    The investigation into LOUISSAINT’s conduct is ongoing. From a
  preliminary review of data from the Department of Labor, Office of the Inspector
  General, LOUISSAINT appears to be connected, through co-conspirators, to fraudulent
  UI claims in multiple states. However, the respective roles of LOUISSAINT and his co-
  conspirators, and the full scope of the conduct has not yet been determined.
        38.    Although an earlier search was conduct as LOUISSAINT’s residence, I
  believe that additional evidence may be located at his residence. The nature of this
  fraud involved a complex scheme in which debit cards were issue in the names of
  others, and cards were mailed to persons, including LOUISSAINT, to facilitate the
  fraud. I believe that one or more banks, or UI agencies, may have sent materials to
  LOUISSAINT since the October 13, 2021 search. Further, as discussed above, we did
  not obtain LOUISSAINT’s cell phone when the warrant was executed on October 13,
  2021. As discussed above, the cell phone was used in the commission of the offense,
  and I believe that information relating to the Specified Federal Offenses will be located
  on LOUISSAINT’s cell phone.

                                              13
Case 1:20-cr-00100-MRD-PAS         Document 187-2        Filed 03/16/25   Page 15 of 29 PageID
                                         #: 2070



                         Evidence Obtained During Residential Searches
         39.    Based on my training and experience, I know that during the course of
  residential searches, I and other agents have also found items of personal property that
  tend to identify the person(s) in residence, occupancy, control, or ownership of the
  SUBJECT PREMISES and computer devices located therein. Such identification
  evidence is typical of the articles people commonly maintain in their residences, such as
  canceled mail, deeds, leases, rental agreements, photographs, personal telephone books,
  diaries, utility and telephone bills, statements, identification documents, and keys.
         40.    Given the nature of this crime, I also believe it is reasonable to believe that
  the access devices, such as debit cards, and information relating thereto (names, social
  security numbers, passwords, online user log ins, etc.) would be maintained a place that
  allowed for safe storage, but ready access, such as a residence, for ATM or other debit
  transactions to be conducted shortly after the posting of fraudulent UI and/or tax
  refund payments to an account.


                              Evidence Relating to Fraud Offenses
         41.    Based on my training and experience and familiarity with investigations
  into fraud conducted by other law enforcement agents, I know the following:
                   a. Individuals maintain in their homes, both in paper and electronic
                       format, among other items, records regarding the receipt and
                       expenditure of money, documents relating to the purchase of
                       assets, and records pertaining to their employment or business,
                       even if that business is an illicit business.
                   b. Given the nature of fraud, I believe that participants in a long
                       running fraud that involves several participants, more often than
                       not, will keep records containing names, addresses, email
                       addresses, and telephone numbers of co-conspirators, as well as
                       targets and victims, amounts received from them, and amounts
                       sent to co-conspirators. These records are necessary to further the

                                               14
Case 1:20-cr-00100-MRD-PAS    Document 187-2       Filed 03/16/25     Page 16 of 29 PageID
                                    #: 2071



                   illicit fraud business and can be found in paper form or stored
                   electronically in cell phones and other electronic devices. Owing to
                   the long-term usefulness of such items, and tracking relative
                   proceeds among co-conspirators, this type of evidence would likely
                   be generated, maintained, and then possibly forgotten about and
                   not disposed of.
                c. I also know that those who make use of stolen personal
                   identification as part of their fraud schemes, will often keep lists of
                   the stolen PII, and notations on how and when that identify may be
                   used, and any passwords for that “identity.” I am also aware that
                   fraudsters often maintain such documents related to their criminal
                   activities at their residences or other locations over which they have
                   control for an extended period of time, due to the high value
                   associated with stolen PII that has been successfully used.
                d. From training and experience, I know that individuals who amass
                   proceeds from illegal activities routinely attempt to further that
                   conduct and/or conceal the existence and source of their funds by
                   engaging in financial transactions with domestic and foreign
                   institutions, and others, through all manner of financial
                   instruments, including cash, cashier’s checks, credit and debit
                   cards, money drafts, traveler’s checks, wire transfers, etc. Records
                   of such instruments, including ATM receipts, are oftentimes
                   maintained at the individual’s residence.
                e. There are many reasons why criminal offenders maintain evidence
                   for long periods of time. First, to the offender, the evidence may
                   seem innocuous at first glance (e.g. financial, credit card and
                   banking documents, travel documents, receipts, documents
                   reflecting purchases of assets, personal calendars, telephone and
                   address directories, checkbooks, videotapes and photographs,

                                           15
Case 1:20-cr-00100-MRD-PAS    Document 187-2       Filed 03/16/25     Page 17 of 29 PageID
                                    #: 2072



                   utility records, ownership records, letters and notes, tax returns
                   and financial records, escrow files, telephone bills, keys to safe
                   deposit boxes, packaging materials, computer hardware and
                   software). To law enforcement, however, such items may have
                   significance and relevance when considered in light of other
                   evidence. Second, the criminal offender may no longer realize
                   he/she still possesses the evidence or may believe law enforcement
                   could not obtain a search warrant to seize the evidence. The
                   criminal offender may also be under the mistaken belief that
                   he/she has deleted, hidden or further destroyed computer-related
                   evidence, which in fact, may be retrievable by a trained forensic
                   computer expert. Thus, records and ledger-type evidence that one
                   would think a prudent person might destroy because of its
                   incriminatory nature are sometimes still possessed months or even
                   years after the records were created.
                f. Based on my knowledge with respect to facts and circumstances in
                   this investigation, as well as my experience and training relating to
                   cases involving individuals engaged in fraud schemes, as well as
                   my discussions with other agents who investigated such cases, I
                   know that it is a common practice for individuals engaged in these
                   illegal activities to maintain the items and records or documents as
                   set forth in Attachments B-1 through B-2, whether maintained on
                   paper, in hand-written, typed, photocopied, or printed form, or
                   electronically on a computer or cell phone, hard disks, external
                   drives, RAM, flash memory, CD-ROMS, memory sticks, USB
                   drives, and other magnetic or optical media, or any other storage
                   medium.




                                          16
Case 1:20-cr-00100-MRD-PAS         Document 187-2        Filed 03/16/25   Page 18 of 29 PageID
                                         #: 2073



                           Training and Experience on Digital Devices
         42.    Based on my training, experience, and information from those involved in
  the forensic examination of digital devices, I know that the following electronic
  evidence, inter alia, is often retrievable from digital devices:
                    a. Forensic methods may uncover electronic files or remnants of such
                       files months or even years after the files have been downloaded,
                       deleted, or viewed via the Internet. Normally, when a person
                       deletes a file on a computer, the data contained in the file does not
                       disappear; rather, the data remain on the hard drive until
                       overwritten by new data, which may only occur after a long period
                       of time. Similarly, files viewed on the Internet are often
                       automatically downloaded into a temporary directory or cache that
                       are only overwritten as they are replaced with more recently
                       downloaded or viewed content and may also be recoverable
                       months or years later.
                    b. Digital devices often contain electronic evidence related to a crime,
                       the device’s user, or the existence of evidence in other locations,
                       such as, how the device has been used, what it has been used for,
                       who has used it, and who has been responsible for creating or
                       maintaining records, documents, programs, applications, and
                       materials on the device. That evidence is often stored in logs and
                       other artifacts that are not kept in places where the user stores files,
                       and in places where the user may be unaware of them. For
                       example, recoverable data can include evidence of deleted or edited
                       files; recently used tasks and processes; online nicknames and
                       passwords in the form of configuration data stored by browser, e-
                       mail, and chat programs; attachment of other devices; times the
                       device was in use; and file creation dates and sequence.



                                                17
Case 1:20-cr-00100-MRD-PAS         Document 187-2       Filed 03/16/25     Page 19 of 29 PageID
                                         #: 2074



                   c. The absence of data on a digital device may be evidence of how the
                       device was used, what it was used for, and who used it. For
                       example, showing the absence of certain software on a device may
                       be necessary to rebut a claim that the device was being controlled
                       remotely by such software.
                   d. Digital device users can also attempt to conceal data by using
                       encryption, steganography, or by using misleading filenames and
                       extensions. Digital devices may also contain “booby traps” that
                       destroy or alter data if certain procedures are not scrupulously
                       followed. Law enforcement continuously develops and acquires
                       new methods of decryption, even for devices or data that cannot
                       currently be decrypted.
         43.    Based on my training, experience, and information from those involved in
  the forensic examination of digital devices, I know that it is not always possible to
  search devices for data during a search of the premises for a number of reasons,
  including the following:
                   a. Digital data are particularly vulnerable to inadvertent or
                       intentional modification or destruction. Thus, often a controlled
                       environment with specially trained personnel may be necessary to
                       maintain the integrity of and to conduct a complete and accurate
                       analysis of data on digital devices, which may take substantial
                       time, particularly as to the categories of electronic evidence
                       referenced above. Also, there are now so many types of digital
                       devices and programs that it is difficult to bring to a search site all
                       of the specialized manuals, equipment, and personnel that may be
                       required.
                   b. Digital devices capable of storing multiple gigabytes are now
                       commonplace. As an example of the amount of data this equates to,



                                               18
Case 1:20-cr-00100-MRD-PAS        Document 187-2       Filed 03/16/25     Page 20 of 29 PageID
                                        #: 2075



                      one gigabyte can store close to 19,000 average file size (300kb)
                      Word documents, or 614 photos with an average size of 1.5MB.
        44.    The search warrant also requests authorization to use the biometric unlock
  features of a device, based on the following, which I know from my training,
  experience, and review of publicly available materials:
                   a. Users may enable a biometric unlock function on some digital
                      devices. To use this function, a user generally displays a physical
                      feature, such as a fingerprint, face, or eye, and the device will
                      automatically unlock if that physical feature matches one the user
                      has stored on the device. To unlock a device enabled with a
                      fingerprint unlock function, a user places one or more of the user’s
                      fingers on a device’s fingerprint scanner for approximately one
                      second. To unlock a device enabled with a facial, retina, or iris
                      recognition function, the user holds the device in front of the user’s
                      face with the user’s eyes open for approximately one second.
                   b. In some circumstances, a biometric unlock function will not unlock
                      a device even if enabled, such as when a device has been restarted
                      or inactive, has not been unlocked for a certain period of time
                      (often 48 hours or less), or after a certain number of unsuccessful
                      unlock attempts. Thus, the opportunity to use a biometric unlock
                      function even on an enabled device may exist for only a short time.
                      I do not know the passcodes of the devices likely to be found in the
                      search.
                   c. Thus, the warrant I am applying for would permit law enforcement
                      personnel to, with respect to any device that appears to have a
                      biometric sensor and falls within the scope of the warrant: (1)
                      depress the user’s thumb- and/or fingers on the device(s); and (2)
                      hold the device(s) in front of the user’s face with her eyes open to
                      activate the facial-, iris-, and/or retina-recognition feature.

                                              19
Case 1:20-cr-00100-MRD-PAS         Document 187-2       Filed 03/16/25     Page 21 of 29 PageID
                                         #: 2076



                    d. Other than what has been described herein, to my knowledge, the
                       United States has not attempted to obtain this data by other means.


                                   REQUEST FOR SEALING
         45.    Because this investigation is continuing and disclosure of some of the
  details of this affidavit may cause the targets or other affiliated persons to flee or further
  mask their identity or activities, destroy physical and/or electronic evidence, or
  otherwise obstruct and seriously jeopardize this investigation, I respectfully request
  that this affidavit, and associated materials seeking this search warrant, be sealed until
  further order of this Court. Finally, I specifically request that the sealing order not
  prohibit information obtained from this warrant from being shared with other law
  enforcement and intelligence agencies.




                                               20
Case 1:20-cr-00100-MRD-PAS        Document 187-2         Filed 03/16/25   Page 22 of 29 PageID
                                        #: 2077



                                       CONCLUSION
        46.    For all of the reasons described above, there is probable cause to arrest
  Luckson LOUISSAINT for the Specified Federal Offenses and to believe that the items
  to be seized described in Attachment B-1 and B-2, will be found in a search of the
  SUBJECT PERSON and SUBJECT PREMISES described in Attachment A-1 and A-2.


     I declare that the foregoing is true and correct.




                                            FEDERAL BUREAU OF INVESTIGATION



          Attested to by the applicant in accordance with the requirements of Fed.
          R. Crim. P. 4.1 by telephone.


               May 24, 2021
     ______________________                 __________________________________
            Date                                  Judge’s signature

     _Providence, RI________                Lincoln D. Almond, US Magistrate Judge
         City and State                           Printed name and title




                                              21
    Case 1:20-cr-00100-MRD-PAS                       Document 187-2          Filed 03/16/25          Page 23 of 29 PageID
                                                           #: 2078
AO 91 (Rev. 11/11) Criminal Complaint


                                     UNITED STATES DISTRICT COURT
                                                                for the
                                                      District of
                                                  __________      RhodeofIsland
                                                               District   __________

                  United States of America                         )
                             v.                                    )
                                                                   )      Case No.           1:21MJ59LDA
          LUCKSON LOUISSAINT, YOB: 1990                            )
                                                                   )
                                                                   )
                                                                   )
                          Defendant(s)


                                                  CRIMINAL COMPLAINT
         I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of              approx 3/2020 through 6/2020      in the county of                                in the
                       District of           Rhode Island      , the defendant(s) violated:

            Code Section                                                     Offense Description
18 U.S.C. § 1349; 18 U.S.C. §                    Conspiracy to commit mail, wire, & bank fraud;Access device fraud; and
1029(a)(5); and 18 U.S.C. § 1028A                Aggravated Identity Theft




         This criminal complaint is based on these facts:
See the attached Affidavit of Federal Bureau of Investigation ("FBI") Special Agent Matthew J. Riportella




         ✔ Continued on the attached sheet.
         ’


                                                                                              Complainant’s signature

                                                                                  FBI Special Agent Matthew J. Riportella
                                                                                               Printed name and title

Sworn to before me and signed in my presence.
                                                            Telephone
                      May 24, 2021
Date:
                                                                                                 Judge’s signature

City and state:                  Providence, Rhode Island                        Lincoln D. Almond, U.S. Magistrate Judge
                                                                                               Printed name and title
        Case 1:20-cr-00100-MRD-PAS                   Document 187-2           Filed 03/16/25         Page 24 of 29 PageID
                                                           #: 2079
AO 442 (Rev. 11/11) Arrest Warrant



                                        UNITED STATES DISTRICT COURT
                                                                 for the
                                                 District of Rhode
                                                 __________        Islandof __________
                                                               District

                  United States of America
                             v.                                    )
                                                                   )        Case No.    1:21MJ59LDA
           LUCKSON LOUISSAINT, YOB: 1990                           )
                                                                   )
                                                                   )
                                                                   )
                            Defendant


                                                     ARREST WARRANT
To:      Any authorized law enforcement officer

         YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name of person to be arrested)      LUCKSON LOUISSAINT, YOB: 1990                                                                      ,
who is accused of an offense or violation based on the following document filed with the court:

’ Indictment              ’ Superseding Indictment        ’ Information        ’ Superseding Information             ’ Complaint
’ Probation Violation Petition             ✔ Supervised Release Violation Petition
                                           ’                                             ’ Violation Notice          ’ Order of the Court

This offense is briefly described as follows:
  Conspiracy to commit mail, wire, & bank fraud; Access device fraud; and Aggravated Identity Theft - in violation of 18
  U.S.C. § 1349; 18 U.S.C. § 1029(a)(5); and 18 U.S.C. § 1028A.




Date:               May 24, 2021
                                                                                          Issuing officer’s signature

City and state:       Providence, Rhode Island                                  Lincoln D. Almond, U.S. Magistrate Judge
                                                                                            Printed name and title


                                                                 Return

           This warrant was received on (date)                         , and the person was arrested on (date)
at (city and state)                                          .

Date:
                                                                                         Arresting officer’s signature



                                                                                            Printed name and title
         Case 1:20-cr-00100-MRD-PAS                  Document 187-2            Filed 03/16/25    Page 25 of 29 PageID
                                                           #: 2080
AO 442 (Rev. 11/11) Arrest Warrant (Page 2)




                      This second page contains personal identifiers provided for law-enforcement use only
                      and therefore should not be filed in court with the executed warrant unless under seal.

                                                      (Not for Public Disclosure)

Name of defendant/offender:
Known aliases:
Last known residence:
Prior addresses to which defendant/offender may still have ties:


Last known employment:
Last known telephone numbers:
Place of birth:
Date of birth:
Social Security number:
Height:                                                                Weight:
Sex:                                                                   Race:
Hair:                                                                  Eyes:
Scars, tattoos, other distinguishing marks:



History of violence, weapons, drug use:


Known family, friends, and other associates (name, relation, address, phone number):


FBI number:
Complete description of auto:


Investigative agency and address:


Name and telephone numbers (office and cell) of pretrial services or probation officer (if applicable):



Date of last contact with pretrial services or probation officer (if applicable):
Case 1:20-cr-00100-MRD-PAS        Document 187-2    Filed 03/16/25   Page 26 of 29 PageID
                                        #: 2081


                            UNITED STATES DISTRICT COURT
                             DISTRICT OF RHODE ISLAND

   IN RE COMPLAINT
                                               Misc. No.    1:21MJ59LDA




                                    MOTION TO SEAL

         The Government moves that this Motion to Seal and the attached documents

  (including the Complaint, Arrest Warrant, Cover Sheet, and Affidavit in Support) be

  sealed until further Order of this Court.

                          Respectfully submitted,

                          UNITED STATES OF AMERICA
                          By its attorneys,

                          RICHARD B. MYRUS
                          Acting United States Attorney



                          DENISE M. BARTON
                          Assistant U.S. Attorney            STACEY P. VERONI
                          U.S. Attorney's Office             Assistant U.S. Attorney
                          50 Kennedy Plaza, 8th FL           U.S. Attorney's Office
                          Providence, RI 02903               50 Kennedy Plaza, 8th FL
                          Tel (401) 709-5000                 Providence, RI 02903
                          Fax (401) 709-5001                 Tel (401) 709-5000
                          Email: Denise.Barton@usdoj.gov     Fax (401) 709-5001
                                                             Email: Stacey.Veroni@usdoj.gov



  SO ORDERED:



  LINCOLN D. ALMOND
  UNITED STATES MAGISTRATE JUDGE
                             May 24, 2021
  Dated: _____________________________
             Case 1:20-cr-00100-MRD-PAS                              Document 187-2            Filed 03/16/25       Page 27 of 29 PageID
                                                                           #: 2082                                                PER 18 U.S.C. 3170
                             DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT

BY:         INFORMATION
             INFORMATION                  INDICTMENT
                                           INDICTMENT               COMPLAINT CASE NO.               1:21MJ59LDA

Matter Sealed:             Juvenile            Other than Juvenile                   USA vs.
    Pre-Indictment Plea          Superseding             Defendant Added                          LUCKSON LOUISSAINT
                                                                                 Defendant:
                                      Indictment         Charges/Counts Added
                                      Information
Name of District Court, and/or Judge/Magistrate Location (City)                  Address:

UNITED STATES DISTRICT COURT                    RHODE ISLAND
DISTRICT OF NEW MEXICO
            RHODE ISLAND                        Divisional Office

                                      RICHARD B. MYRUS
Name and Office of Person
Furnishing Information on             ; U.S. Atty    Other U.S. Agency
THIS FORM                             Phone No. (401) 709-5000                             Interpreter Required    Dialect:
 Name of Asst.
 U.S. Attorney         D. Barton/S. Veroni/G. Seaman
 (if assigned)                                                                     Birth                                  ✔ Male                 Alien
                                                                                   Date                                        Female       (if applicable)
                               PROCEEDING
 Name of Complainant Agency, or Person (& Title, if any)
 Federal Bureau of Investigation                                                   Social Security Number

           person is awaiting trial in another Federal or State Court
           (give name of court)                                                                                   DEFENDANT


                                                                                 Issue:        ✔ Warrant            Summons
           this person/proceeding transferred from another district
           per (circle one) FRCrP 20, 21 or 40. Show District
                                                                                 Location Status:
                                                                                 Arrest Date               or Date Transferred to Federal Custody

           this is a reprosecution of charges
           previously dismissed which were                                                 Currently in Federal Custody
           dismissed on motion of:
                                                                                           Currently in State Custody
               U.S. Atty      Defense
                                                            SHOW                                 Writ Required
         this prosecution relates to a                    DOCKET NO.
                                                                                           Currently on bond
         pending case involving this same
         defendant. (Notice of Related                                                     Fugitive
         Case must still be filed with the
         Clerk.)
                                                             MAG. JUDGE
       prior proceedings or appearance(s)
                                                              CASE NO.
                                                                                 Defense Counsel (if any):
       before U.S. Magistrate Judge
       regarding this defendant were
       recorded under
                                                                                            FPD          CJA           RET'D
                                                                                                  Appointed on Target Letter
Place of    RHODE ISLAND                            County
offense

                                                                                          This report amends AO 257 previously submitted

      OFFENSE CHARGED - U.S.C. CITATION - STATUTORY MAXIMUM PENALTIES - ADDITIONAL INFORMATION OR COMMENTS

 Total # of Counts 3
   Set                  Title & Section/Offense Level                                     Description of Offense Charged                      Felony/Misd.
                                                                                                                                               Count(s)
                     (Petty = 1 / Misdemeanor = 3 / Felony = 4)
                                                                                                                                                Felony
             See Attached Sheet.                                           See Attached Sheet                                                   Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
Case 1:20-cr-00100-MRD-PAS         Document 187-2       Filed 03/16/25       Page 28 of 29 PageID
                                         #: 2083


                        UNITED STATES V. LUCKSON LOUISSAINT

                         COMPLAINT COVER SHEET ATTACHMENT
                                MAXIMUM PENALTIES

  Count 1:            (Conspiracy to Commit Mail, Wire, and Bank Fraud, 18 U.S.C. § 1349)

         (Consp. to Commit Bank Fraud)             (Consp. to Commit Mail or Wire Fraud)
         a. 30 years imprisonment;            a.   20 years imprisonment;
         b. $1,000,000 fine;                  b.   $250,000 fine, or twice the gross gain or loss;
         c. 5 years supervised release; and   c.   3 years supervised release; and
         d. $100 special assessment.          d.   $100 special assessment.


  Count 2:            (Access Device Fraud, 18 U.S.C. § 1029(a)(5))
                      a. 15 years imprisonment;
                      b. $250,000 fine;
                      c. 3 years supervised release; and
                      d. $100 special assessment.

  Count 3:            (Aggravated Identity Theft, 18 U.S.C. § 1028A)
                      a. Mandatory minimum of 2 years imprisonment,
                      consecutive to underlying felony; and
                      b. $100 special assessment.
             Case 1:20-cr-00100-MRD-PAS                              Document 187-2            Filed 03/16/25       Page 29 of 29 PageID
                                                                           #: 2084                                                PER 18 U.S.C. 3170
                             DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT

BY:         INFORMATION
             INFORMATION                  INDICTMENT
                                           INDICTMENT               COMPLAINT CASE NO.              1:21MJ59LDA

Matter Sealed:             Juvenile            Other than Juvenile                   USA vs.
    Pre-Indictment Plea          Superseding             Defendant Added                          LUCKSON LOUISSAINT
                                                                                 Defendant:
                                      Indictment         Charges/Counts Added
                                      Information                                                 49 Coyle Ave. #5 Pawtucket, RI
Name of District Court, and/or Judge/Magistrate Location (City)                  Address:

UNITED STATES DISTRICT COURT                    RHODE ISLAND
DISTRICT OF NEW MEXICO
            RHODE ISLAND                        Divisional Office

                                      RICHARD B. MYRUS
Name and Office of Person
Furnishing Information on             ; U.S. Atty    Other U.S. Agency
THIS FORM                             Phone No. (401) 709-5000                            Interpreter Required     Dialect:
 Name of Asst.
 U.S. Attorney         D. Barton/S. Veroni/G. Seaman
 (if assigned)                                                                     Birth                                  ✔ Male                 Alien
                                                                                   Date 2/3/1990                               Female       (if applicable)
                               PROCEEDING
 Name of Complainant Agency, or Person (& Title, if any)
 Federal Bureau of Investigation                                                   Social Security Number 347-95-8779

           person is awaiting trial in another Federal or State Court
           (give name of court)                                                                                  DEFENDANT


                                                                                 Issue:        ✔ Warrant            Summons
           this person/proceeding transferred from another district
           per (circle one) FRCrP 20, 21 or 40. Show District
                                                                                 Location Status:
                                                                                 Arrest Date               or Date Transferred to Federal Custody

           this is a reprosecution of charges
           previously dismissed which were                                                Currently in Federal Custody
           dismissed on motion of:
                                                                                          Currently in State Custody
               U.S. Atty      Defense
                                                            SHOW                                Writ Required
         this prosecution relates to a                    DOCKET NO.
                                                                                          Currently on bond
         pending case involving this same
         defendant. (Notice of Related                                                    Fugitive
         Case must still be filed with the
         Clerk.)
                                                             MAG. JUDGE
       prior proceedings or appearance(s)
                                                              CASE NO.
                                                                                 Defense Counsel (if any):
       before U.S. Magistrate Judge
       regarding this defendant were
       recorded under
                                                                                            FPD          CJA           RET'D
                                                                                                  Appointed on Target Letter
Place of    RHODE ISLAND                            County
offense

                                                                                          This report amends AO 257 previously submitted

      OFFENSE CHARGED - U.S.C. CITATION - STATUTORY MAXIMUM PENALTIES - ADDITIONAL INFORMATION OR COMMENTS

 Total # of Counts 3
   Set                  Title & Section/Offense Level                                     Description of Offense Charged                      Felony/Misd.
                                                                                                                                               Count(s)
                     (Petty = 1 / Misdemeanor = 3 / Felony = 4)
                                                                                                                                                Felony
             See Attached Sheet.                                           See Attached Sheet                                                   Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
                                                                                                                                                Felony
                                                                                                                                                Misdemeanor
Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 1 of 9 PageID
                                  #: 2085




                             EXHIBIT 3
Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 2 of 9 PageID
                                  #: 2086




          Excerpts from Messages Between
             Tony Mertile        -3678)
                         and
       James Legerme (“Dirty”) (       -6041)




                                                                                    29
        Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 3 of 9 PageID
                                          #: 2087




                                                                                            30
DRAFT
        Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 4 of 9 PageID
                                          #: 2088




                                                                                            31
DRAFT
        Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 5 of 9 PageID
                                          #: 2089




                                                                                            32
DRAFT
        Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 6 of 9 PageID
                                          #: 2090




                                                                                            33
DRAFT
        Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 7 of 9 PageID
                                          #: 2091




                                                                                            34
DRAFT
        Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 8 of 9 PageID
                                          #: 2092




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DRAFT
        Case 1:20-cr-00100-MRD-PAS   Document 187-3   Filed 03/16/25   Page 9 of 9 PageID
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