Indictment — United States v. Francois Parker, District of Rhode Island

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Indictment in United States v. Francois Parker, 1:21-CR-109 MSM PAS, in the U.S. District Court for the District of Rhode Island; its Return of Indictment form gives the date of return as October 27, 2021. It charges that while receiving approximately $15,273 in expanded pandemic unemployment benefits from the Rhode Island Department of Labor and Training, Parker filed applications in other states falsely claiming work there, including California, which paid approximately $30,810, and Louisiana, which paid approximately $13,798. Counts One and Two charge wire fraud under 18 U.S.C. § 1343 over the Massachusetts and California applications on or about May 13, 2020 and July 23, 2020, and Count Three theft of government money under 18 U.S.C. § 641. Counts Four and Five charge possession of firearms by a prohibited person on or about April 6, 2021, and forfeiture allegations follow.

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UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

UNITED STATES OF AMERICA

Cr. No. 1:21-CR-109 MSM PAS

In violation of 18 U.S.C. § 1343

FRANCOIS PARKER, Wire Fraud); 18 U.S.C. § 641
Defendant Theft of Public Money); and 18
erendcant. U.S.C. § 922(g) (Possession of

Firearm by Prohibited Person)

Forfeiture

INDICTMENT

The Grand Jury charges that:

COUNTS ONE and TWO
(Wire Fraud - 18 U.S.C. § 1343)
Introduction

At all times relevant to this Indictment:

1. Defendant FRANCOIS PARKER resided in Rhode Island.

2. The Unemployment Insurance Program (“UI Program) was a joint federal-
state partnership administered on behalf of the U.S. Department of Labor by agencies in
each state. In Rhode Island, the UI Program is administered by the Rhode Island
Department of Labor and Training (RIDLT). In California, Arizona, Louisiana,
Colorado, New York, Texas, Virginia, Wisconsin, Nevada, and Massachusetts, the UI
Programs were administered by the (CAEDD), the Arizona Department of Economic
Security (AZDES), the Louisiana Workforce Commission (LAWC), the Colorado

Department of Labor and Employment (CODLE), the New York State Department of
Labor (NYSDOL), the Texas Workforce Commission (TXWC), the Virginia Employment
Commission (VAEC), the Wisconsin Department of Workforce Development
(WIDWD), the Nevada Department of Employment, Training and Rehabilitation
(NVDETR), and the Massachusetts Department of Unemployment Assistance
(MADUA), respectively.

3, In March 2020, the Families First Coronavirus Response Act (FFCRA) and
Coronavirus Aid, Relief, and Economic Security (CARES) Act provided additional
funding for state UI agencies to respond to the COVID-19 pandemic. 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

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herein as “expanded pandemic UI benefits”) PUA and FPUC benefits were 100%
federally funded benefits paid through state UI agencies.

4. To receive regular UI and expanded pandemic UI benefits from a state Ul
agency, an applicant could file a claim, via the internet, with the state UI agency from
which he was eligible to seek benefits or could file an application by downloading or
requesting an application and mailing it into the state UI agency. An applicant is not
permitted to seek regular UI and expanded pandemic UI benefits in more than one state

at the same time.

Scheme to Defraud and to Obtain Monies

“7 From at least in or about April 2020, and continuing until in or about

October of 2020, in the District of Rhode Island and elsewhere, the Defendant,
FRANCOIS PARKER,

attempted to commit and did commit wire fraud, that is, did knowingly and with intent
to defraud, devise and intend to devise a scheme to defraud and to obtain money from
multiple state UI agencies, by means of materially false and fraudulent pretenses,
representations, and promises, knowing that they were false and fraudulent when
made, through the transmission in interstate commerce of wire communications.

The Object of the Scheme to Defraud and to Obtain Monies

6. The object of the scheme was for PARKER to unlawfully enrich himself by
filing claims for PUA benefits with RIDLT, and while seeking and receiving benefit
payments from RIDLT, filing applications for benefits with other state UI agencies, and

in those applications, falsely claiming that he had resided and worked in states other

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than Rhode Island and that he was eligible for regular UI or expanded pandemic UI

benefits in those states.

Manner and Means of the Scheme

7. Beginning in April 2020, PARKER filed a claim for expanded pandemic UI
benefits with RILDT. In his application and continued certifications, PARKER claimed
that he resided in Rhode Island and that he had been employed in Rhode Island from
May 20, 2019 to March 17, 2020 as a babysitter. RIDLT records indicate that PARKER
was paid approximately $15,273 in expanded pandemic benefits from RIDLT.

8. It was further part of the scheme and artifice to defraud that on or about
May 13, 2020, PARKER began filing fraudulent applications to obtain regular UI and
expanded pandemic UI benefits in other states, including the following applications:

a. Onor about May 13, 2020, PARKER filed an online application with the
MADUA, falsely claiming that he was entitled to expanded pandemic UI
benefits in Massachusetts. MADUA did not pay this claim.

b. On or about June 15, 2020, PARKER filed an online application with the
AZDES, and in that application, he falsely claimed that he had worked in
Arizona and that he had not worked in any other state for the past two
years. ADES records indicate that PARKER was paid approximately
$5,736 in expanded pandemic UI benefits from AZDES.

c. Onor about June 22, 2020, PARKER filed an online application with the
NVDETR, and in that application, he falsely claimed that he had worked
in Nevada in 2019 and had made approximately $6,950 in each of the four

4
quarters of 2019. NVDETR initially made payment of $11,370 in expanded
pandemic UI benefits to an account designated by PARKER, but later

cancelled the payment.

. Onor about July 1, 2020, PARKER filed an online application with the

CODLE. In the application, he falsely claimed that he was entitled to
benefits from Colorado because he had worked in that state. CODLE
records indicate that PARKER was paid approximately $3,292 in

expanded pandemic UI benefits.

. Onor about July 24, 2020, PARKER filed an online application with the

TXWC, and in that application, he falsely claimed that he was self-
employed in Texas and worked construction in Texas from February 4,
2018 through March 16, 2020, and provided a local residential address in
Austin, Texas. PARKER was paid approximately $5,298 in expanded
pandemic UI benefits from the TXWC.

On or about July 23, 2020, PARKER filed an online application with the
CAEDD, and in that application he falsely claimed that he had worked in
California, was self-employed as a lawn care specialist, had worked for
one month in customer service, and had an annual income of $80,000.
CAEDD records indicate that PARKER was paid approximately $30,810

in expanded pandemic UI benefits from CAEDD.

. Onor about August 4, 2020, PARKER filed an online application with the

LAWC, falsely representing that he lived and worked in Louisiana.

5
9,

PARKER was paid approximately $13,798 in expanded pandemic UI

benefits from the LAWC.

_ Onor about August 16, 2020, PARKER filed an online application for UI

benefits with the VAEC, falsely claiming that he was entitled to benefits
in Virginia. The claim was not paid.

On or about October 7, 2020, PARKER filed an online claim for expanded
pandemic UI benefits with the NYSDOL, falsely claiming that he worked
and lived in New York. This claim was not paid.

On or about October 21, 2020, PARKER filed an online claim for
expanded pandemic UI benefits with the WIDWD, falsely claiming that
he worked in Wisconsin and was entitled to benefits in Wisconsin. The
claim was not paid.

Execution of the Scheme

On or about the dates listed below, in the District of Rhode Island and

elsewhere, the Defendant,

FRANCOIS PARKER,

for the purpose of executing aforesaid scheme and artifice to defraud and to obtain

money, and attempting to do so, knowingly transmitted and caused to be transmitted

by means of wire communication in interstate commerce to wit, using a device

accessing the internet, the filing of an online application for regular UI and expanded

UI pandemic benefits from the listed state UI agencies.
Count Date of Application State UI Agency
1 May 13, 2020 MADUA
Z July 23, 2020 CAEDD

All in violation of 18 U.S.C. § 1343.

COUNT THREE

(Theft of Government Money - 18 U.S.C. § 641)

10. The allegations contained in paragraphs 1 through 9 of this Indictment are
re-alleged and incorporated by reference as though fully set forth herein.

11. Fromat least in or about May 2020, and continuing until in or about April
2021, in the District of Rhode Island and elsewhere, the Defendant,

FRANCOIS PARKER,

did willfully and knowingly attempt to and did steal and purloin money belonging to
the United States, in an amount exceeding $1,000, to wit, funds paid as expanded
pandemic UI benefits, specifically, PUA and FPUC benefits.

All in violation of 18 U.S.C. § 641.

COUNT FOUR

(Possession of Firearm by a Prohibited Person - 18 U.S.C. § 922(g)(1))

12. On or about April 6, 2021, in the District of Rhode Island, the Defendant,
FRANCOIS PARKER,
knowing that he had been previously convicted of a crime punishable by imprisonment
for a term exceeding one year, did knowingly possess a firearm, a Glock 44 .22 LR
handgun, serial number ADPE 983, loaded with a magazine containing 10 rounds of .22

LR ammunition and capable of expelling a projectile, a second magazine containing 10
rounds of .22 LR ammunition, an additional 133 live rounds of .22 LR ammunition, and
approximately 89 rounds of 9 mm ammunition, said firearm and ammunition having
been shipped and transported in interstate commerce, all in violation of 18 U.S.C. §

COUNT FIVE

(Possession of Firearm by a Prohibited Person - 18 U.S.C. § 922(g)(1))

13. On or about April 6, 2021, in the District of Rhode Island, the Defendant,
FRANCOIS PARKER,
knowing that he had been previously convicted of a crime punishable by imprisonment
for a term exceeding one year, did knowingly possess a firearm, a Kahr Arms CW45
pistol, serial number SE 715 loaded with six rounds of .45 caliber ammunition and
capable of firing a projectile, said firearm and ammunition having been shipped and

transported in interstate commerce in violation of 18 U.S.C. § 922(g)(1).

FIRST FORFEITURE ALLEGATION

14. | Upon conviction of the wire fraud offenses alleged in this Indictment,
Counts One and Two, Defendant FRANCOIS PARKER shall forfeit to the United States
of America, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), all right, title, and
interest in any and all property, real or personal, which constitutes or is derived from
proceeds traceable to a violation of 18 U.S.C. § 1343, including but not limited to the

following:
15. | Asum of money equal to the total amount of any property, real or personal,
which constitutes or is derived from proceeds and/or traceable to a violation of 18 U.S.C.
§ 1343.

16. If any of the above-described forfeitable property, as a result of any act or
omission of the Defendant, cannot be located upon the exercise of due diligence, has been
transferred, sold to, or deposited with a third party, has been placed beyond the
jurisdiction of the court, has been substantially diminished in value, or has been
commingled with other property which cannot be divided without difficulty, it is the
intent of the United States, pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C.
§ 2461(c), to seek forfeiture of any other property of said Defendant up to the value of the
forfeitable property described above.

All in accordance with 18 U.S.C. § 981(a)(1) as incorporated by 28 U.S.C. § 2461(c),

and Rule 32.2(a), Federal Rules of Criminal Procedure.

SECOND FORFEITURE ALLEGATION

17. | Upon conviction of Counts 4 and 5 alleged in this Indictment, Defendant
FRANCOIS PARKER, shall forfeit to the United States pursuant to 18 U.S.C. § 924(d) and
28 U.S.C. § 2461(c), a Glock 44 22LR pistol, serial number ADPE 983, a Kahr Arms CW45
pistol, serial number SE 715 153 live rounds of .22 LR ammunition, 89 live rounds of .9
ammunition, 6 rounds of .45 caliber ammunition, and 3 magazines (one capable of
holding .45 caliber ammunition and two capable of holding .22 ammunition).

All in accordance with 18 U.S.C. § 924.

9
RICHARD B. MYRUS
ACTING UNITED STATES ATTORNEY

STACEY P. VERONI

DENISE MARIE BARTON

G. MICHAEL SEAMAN
Assistant U.S. Attorneys
JOHN MOREIRA

Special Assistant U.S. Attorney

Le il

LEE H. VILKER

Assistant U.S. Attorney
Deputy Criminal Chief

Date: October 27, 2021

10

A TRUE BILL:

Grahd Jury Foreperson
PER 18 U.S.C. 3170

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT

BY: [_] INFORMATION [X] INDICTMENT [_] COMPLAINT CASE NO.

1:21-CR-109 MSM PAS

Matter Sealed: [| Juvenile [_] other than Juvenile USA vs.
Pre-Indictment Plea Supersedin Defendant Added Francois Parker
O Ms Y 0 O Defendant:
Indictment Cl Charges/Counts Added
Information 57 Ashmont St.

Name of District Court, and/or Judge/Magistrate Location (City)

Address: Providence, RI

UNITED STATES DISTRICT COURT RHODE ISLAND

Divisional Office

DISTRICT OF RHODE ISLAND

ACTING RICHARD B. MYRUS

Name and Office of Person

Xlu.s. atty

Furnishing Information on
THIS FORM

Llother U.S. Agency

[ | Interpreter Required Dialect:

Name of Asst.

U.S. Attorney STACEY P. VERONI

(if assigned)

PROCEEDING

Name of Complainant Agency, or Person (& Title, if any)
Federal Bureau of Investigation

person is awaiting trial in another Federal or State Court
(give name of court)

this person/proceeding transferred from another district
per (circle one) FRCrP 20, 21 or 40. Show District

Location Status:

this is a reprosecution of charges
previously dismissed which were
dismissed on motion of:

CO U.S. Atty CO Defense

Arrest Date

LJ Currently in Federal Custody

L] Currently in State Custody
L] Writ Required

VY] Currently on bond

C] Fugitive

SHOW
CJ this prosecution relates to a DOCKET NO.
pending case involving this same
defendant. (Notice of Related
Case must still be filed with the
Clerk.) 7
Vl prior proceedings or appearance(s) Me Mee
before U.S. Magistrate Judge .
regarding this defendant were
recorded under 21MJ38/45PAS

Defense Counsel (if any): Kevin Fitzgerald, Esq.

Social Security Number 039-58-0860
DEFENDANT
Issue: [_] Warrant [_] Summons

or Date Transferred to Federal Custody

[_] FPD CJA [_] RET'D

Place of
offense

RHODE ISLAND County

CL] Appointed on Target Letter

This report amends AO 257 previously submitted

OFFENSE CHARGED - U.S.C. CITATION - STATUTORY MAXIMUM PENALTIES - ADDITIONAL INFORMATION OR COMMENTS

Total # of Counts.°

Title & Section/Offense Level

Set (Petty = 1/ Misdemeanor = 3 / Felony = 4) Description of Offense Charged Felony! Misd.

1 and 2118 USC 1343 Wire Fraud A iedereancr
Max Penalty: 20 yrs imprisonment; 3 yrs S/R fine of twice gross gain/loss $100 assessment hehe nant
3 18USC641 Penalty:max 10 yr imprison.,$100 |Theft/Government Money/3 yr S/R/$250,000 or twice gain = Le sent
4 and 5 |18 USC 922(g) Penalty: max 10 yrs imprison. |Possession firearm/prohibited person/ 10 years, 2 yrs S/R Scie neanor
forfeiture allegation $250,000, $100 assessment Estimated Trial Days: 3 Sony anor
Counts 1 and 2:

Counts 3:

Counts 4 and 5:

Forfeiture Allegation

United States v. Francois Parker

INDICTMENT COVER SHEET ATTACHMENT
(Wire Fraud, 18 U.S.C. § 1343)

MAX PENALTY FOR EACH COUNT
a. 20 years imprisonment;

b. Fine of twice the gross gain/loss;
c. 3 years supervised release;

d. $100 special assessment.

(Theft of Government Money, 18 U.S.C. § 641)

MAX PENALTY

a. 10 years imprisonment;

b. $250,000 fine or a fine of twice the gross gain/loss;
c. 3 years supervised release; and

d. $100 special assessment.

(Possession of Firearm by a Prohibited Person - 18 U.S.C. § 922(g)(9))

MAX PENALTY

a. 10 years imprisonment;

b. $250,000 fine;

c. 3 years supervised release; and
d. $100 special assessment.
RETURN OF INDICTMENT

Please present this form to the Magistrate Judge or the Deputy Clerk at the time
your return is made.

GRAND JURY TERM: APRIL 2021-B

DATE OF RETURN: OCTOBER 27, 2021
CRIMINAL DEFENDANT WARRANT/SUMMONS ASSIGNED AUSA
1:21-CR-109 MSM PAS ERANCOIS PARKER RELEASE/SUMMONS _ SPV, DMB, GMS

NAME OF MAGISTRATE JUDGE RETURNED BEFORE: LINCOLN D. ALMOND

IF APPLICABLE, SUMMONSES TO BE RETURNED BEFORE:

DATE AND TIME SUMMONSES TO BE RETURNED:

Please return this form to TARA MONIZ in the U.S. Attorney's Office with the pertinent
information or call him with the information at 709-5028.


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