Indictment — No. 1:20-cr-00394 (Dkt. 8, E.D.N.Y.)
Summary
An indictment filed September 23, 2020 as Document 8 in United States v. Kevin Jay Lipsitz, Case 1:20-cr-00394-KAM, in the U.S. District Court for the Eastern District of New York. The six-page document charges wire fraud in Counts One through Three and mail fraud in Counts Four and Five, alleging a scheme to defraud customers in the marketing and sale of personal protective equipment ("PPE"), with emails dated March 24, 2020, March 31, 2020 and April 10, 2020 and shipments of three-ply surgical masks on April 9, 2020 and April 10, 2020. Count Six charges unlawful accumulation of designated scarce materials, including N95 and KN95 respirators and surgical masks, between March 25, 2020 and May 31, 2020. It includes a criminal forfeiture allegation.
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“Indictment — No. 1:20-cr-00394 (Dkt. 8, E.D.N.Y.).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-1-20-cr-00394-dkt-8-e-d-n-y-69174d8b52/
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Case 1:20-cr-00394-KAM Document 8 Filed 09/23/20 Page 1 of 6 PageID #: 31
·-
JN:ADW
F. #2020R00345
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA INDICTMENT
- against -
1:20-cr-00394 (KAM)(RER)
Cr. N o . - - - - - - - - - - -
(T. 18, U.S.C., §§ 98l(a)(l)(C), 1341,
KEVIN JAY LIPSITZ, 1343 and 3551 et seq.; T. 21, U.S.C.,
§ 853(p); T. 28, U.S.C., § 246l(c);
Defendant. T. 50, U.S.C., §§ 4512 and 4513)
- - - - - - - - - - - - - - - - - - - - - - - - - - - )(
THE GRAND JURY CHARGES:
COUNTS ONE THROUGH THREE
(Wire Fraud)
I. On or about the dates identified in the table below, within the Eastern
District of New York and elsewhere, the defendant KEVIN JAY LIPSITZ did knowingly and
intentionally devise a scheme and artifice to defraud one or more customers in the marketing
and sale of personal protective equipment ("PPE"), and to obtain money and property from
them by means of one or more materially false and fraudulent pretenses, representations and
promises and, for the purpose of executing such scheme and artifice, did transmit and cause
to be transmitted, by means of wire communication in interstate commerce, one or more
writings, signs, signals, pictures and sounds, as set forth below:
Case 1:20-cr-00394-KAM Document 8 Filed 09/23/20 Page 2 of 6 PageID #: 32
2
·Count A1mroximate Date of
Wire Transmission
Descri.Qtion of Wire Transmission
,
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ONE March 24, 2020 Email sent by or caused to be sent by LIPSITZ, while
located in the Eastern District ofNew York, to a customer,
located in Tennessee, in which LIPSITZ stated, among other
things: ·'[s]ent you a tracking number yesterday, but that
will change after your items are all boxed up and ready to go
... your order is right on my desk and the second this new
shipment comes in, yours are going out."
TWO March 31, 2020 Email sent by or caused to be sent by LIPSITZ, while
located in the Eastern District of New York, to a customer,
located in New Jersey, in which LIPSITZ stated, among
other things: ''[h]ere are the four tracking numbers, please
ignore the usps one, all are going via Fedex [... ] [w]e are
getting an extra 250,000 masks next week, so we will have
plenty if your friends would like to order."
THREE April I 0, 2020 Email sent by or caused to be sent by LIPSITZ, while
located in the Eastern District of New York, to a customer,
located in New Jersey, in which LIPSITZ provided tracking
information for certain items being shipped via a private and
commercial interstate cmi-ier.
(Title 18, United States Code, Sections 1343 and 3551 et seq.)
COUNTS FOUR AND FIVE
(Mail Fraud)
2. On or about the dates identified in the table below, within the Eastern
District of New York and elsewhere, the defendant KEVIN JAY LIPSITZ did knowingly and
intentionally devise a scheme and artifice to defraud one or more customers in the marketing
and sale of PPE, and to obtain money and property from them by means of one or more
materially false and fraudulent pretenses, representations and promises, and, for the purpose
of executing such scheme and artifice, did place and cause to be placed one or more matters
and things in a post office and authorized depository for mail matter, to be sent and delivered
Case 1:20-cr-00394-KAM Document 8 Filed 09/23/20 Page 3 of 6 PageID #: 33
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3
by the United States Postal Service, and did deposit and cause to be deposited one or more
matters and things to be sent and delivered by private and commercial interstate caITier, and
did take and receive therefrom such matters and things, as set forth below:
·"(>f , . :.-~~;~if~:-·/~!,
,,-,._ '
daunt Approximate Date Description of Mailing ..
of Mailing "
c·:•·/;·:;,::·,_;_
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FOUR April 9, 2020 Shipment using United States Postal Service from Staten
Island, New York to Nashville, Tennessee of three-ply
surgical masks.
FIVE April 10, 2020 Shipment using Federal Express from Staten Island, New
York to Hainesp01i, New Jersey of three-ply surgical
masks.
(Title 18, United States Code, Sections 1341 and 3551 et seq.)
COUNT SIX
(Unlawful Accumulation of Designated Scarce Materials)
3. On or about and between March 25, 2020 and May 31, 2020, both dates
being approximate and inclusive, within the Eastern District of New York and elsewhere, the
defendant KEVIN JAY LIPSITZ did knowingly and willfully accumulate, for the purpose of
resale at prices in excess of prevailing market prices, materials which have been designated
by the President of the United States as scarce materials or materials the supply of which
would be threatened by such ~ccumulation, to wit: certain PPE, including N95 Filtering
Facepiece Respirators, KN95 Filtering Facepiece Respirators and PPE surgical masks.
(Title 50, United States Code, Sections 4512 and 4513; Title 18, United States
Code, Sections 3551 et seq.)
Case 1:20-cr-00394-KAM Document 8 Filed 09/23/20 Page 4 of 6 PageID #: 34
4
CRIMINAL FORFEITURE ALLEGATION
AS TO COUNTS ONE THROUGH FIVE
4. The United States hereby gives notice to the defendant that, upon his
conviction of the offenses charged in Counts One through Five, the government will seek
forfeiture in accordance with Title 18, United States Code, Section 981(a)(l)(C) and Title 28,
United States Code, Section 246l(c), which require any person convicted such offenses to
forfeit any property, real or personal, constituting or derived from proceeds obtained directly
or indirectly as a result of such offenses.
5. If any of the above-described forfeitable property, as a result of any act
or omission of the defendant:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the court;
(d) has been substantially diminished in value; or
( e) has been comingled with other prope11y which cannot be
divided without difficulty;
Case 1:20-cr-00394-KAM Document 8 Filed 09/23/20 Page 5 of 6 PageID #: 35
5
it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p),
to seek forfeiture of any other property of the defendant up to the value of the forfeitable
property described in this forfeiture allegation.
(Title 18, United States Code, Section 981(a)(l)(C); Title 21, United States
Code, Section 853(p); Title 28, United States Code, Section 2461(c))
A TRUE BILL
SETH D. DUCHARME
ACTING UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
Case 1:20-cr-00394-KAM Document 8 Filed 09/23/20 Page 6 of 6 PageID #: 36
F.#: 2020R00345
FORM DBD-34 No.
JUN.85
UNITED STATES DISTRICT COURT
EASTERN District ~fNEW YORK
CRIMINAL DIVISION
THE UNITED STATES OF AMERICA
vs.
KEVIN .TAY LIPSITZ.
Defendant.
INDICTMENT
(T. 18, U.S.C., §§ 98l(a)(l)(C), 1341, 1343 and 3551 et~.; T. 21,
U.S.C., § 853(p); T. 28, U.S.C., § 2461(c); T. 50, U.S.C. §§ 4512 and
4513)
,J true bill. /] r
. ~~-~~------------F;;;.p,;;:,o,,
--------
Filed in open court this _________________ day,
of ____________ A.D.20 ____ _
Clerk
Bail,$-----------
Andrew Wang, Assistant U.S. Attorney (718) 254-6311
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