Indictment — No. 1:21-cr-00215 (Dkt. 18, D. Md.)

Summary

An indictment, Dkt. 18, in United States v. Christopher Kenneth Guy, No. 1:21-cr-00215, in the U.S. District Court for the District of Maryland. Count One charges conspiracy to commit wire fraud and mail fraud under 18 U.S.C. § 1349, alleging that from about May 26, 2020 to about August 5, 2020 the defendant conspired to submit false unemployment applications to the Oklahoma Employment Security Commission in the names of identity theft victims, with approved disbursements of more than $176,970. Counts Two and Three charge access device fraud under 18 U.S.C. § 1029(a)(5) and possession of unauthorized access devices under 18 U.S.C. § 1029(a)(3), and the caption also lists aggravated identity theft under 18 U.S.C. § 1028A. It describes the CARES Act's Federal Pandemic Unemployment Compensation program and includes forfeiture provisions.

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SRD/MJM: USAO#2020R00920

IN THE UNITE fla iap ea) RIGE,COURT

FOR THE DISTRICT OF MARYLAND
UNITED STATES OF AMERICA ABRANLTIMORE- G LR Z (Cyr Z\
s CREMINAL NO.

(Conspiracy to Commit Wire Fraud and

* Mail Fraud, 18 U.S.C. § 1349; Access

* Device Fraud, 18 U.S.C. § 1029(a)(5);__

* Possession of Unauthorized Access Devices,
* 18 U.S.C. § 1029(a)(3); Aggravated Identity
* Theft, 18 U.S.C. § 1028A; Forfeiture,

* 18 U.S.C. §§ 981(a)(1)(C) and § 982(a)(2),

* 21 U.S.C. § 853(p), 28 U.S.C. § 2461(c))

CHRISTOPHER KENNETH GUY,

Defendant.

INDICTMENT

COUNT ONE
(Conspiracy to Commit Wire Fraud and Mail Fraud)

The Grand Jury for the District of Maryland charges that:
At all times relevant to this Indictment:
Introduction

1. Defendant CHRISTOPHER KENNETH GUY (“GUY”) was a resident of Florida.

2. J.P., B.G., K.D., R.S., C.M., and K.P. were residents of Oklahoma whose personal
identifying information (“PIT’), including their names and Social Security numbers, was used
without their knowledge or authorization to submit fraudulent claims for, and to obtain,
unemployment compensation, as alleged herein. |

3. The Oklahoma Employment Security Commission (“OESC”) was an agency of the
State of Oklahoma funded by the United States Department of Labor. OESC is responsible for
administration of Oklahoma’s unemployment insurance system, processing applications for

unemployment benefits, and disbursing unemployment compensation to individuals entitled to

benefits.
af

4. OESC received applications for unemployment benefits through the Internet. In the
application, the applicant was required to provide, among other things, the applicant’s mailing
address and personal identifying information (“PII”) about the applicant to include the applicant’s
name and Social Security number. If, based upon the information provided in the application,
OESC determined that the applicant was entitled to unemployment benefits, OESC caused a debit
card to be issued in the applicant’s name and mailed to the mailing address provided in the
application. The debit card would provide access to funds held in a financial account in
compensation for the applicant’s unemployment status, as detailed in the application.

5. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was signed
into law on March 27, 2020, in response to the outbreak of the novel coronavirus known as
COVID-19 and the economic impact of the COVID-19 pandemic. The CARES Act established
the Federal Pandemic Unemployment Compensation (“FPUC”) program. The FPUC program
allowed OESC and other state workforce agencies to provide an additional $600 per week to
individuals entitled to receive regular unemployment insurance benefits. The FPUC program was
effective from March 29, 2020, through July 31, 2020.

The Conspiracy and the Scheme to Defraud

6. Beginning on or about May 26, 2020, and continuing until on or about August 5,
2020, in the District of Maryland and elsewhere, the defendant,
CHRISTOPHER KENNETH GUY,
knowingly and willfully conspired and agreed together and with others known and unknown to the
Grand Jury to commit offenses under chapter 63 of Title 18, United States Code, namely,
a. to knowingly devise a scheme and artifice to defraud and to obtain money
and property by means of materially false and fraudulent pretenses, representations, and promises,

(“scheme to defraud”) and for the purpose of executing and attempting to execute the scheme to

2
defraud, to knowingly and willfully transmit and cause to be transmitted by means of wire
communication, in interstate and foreign commerce, writings, signs, signals, pictures, and sounds
affecting financial institutions, in violation of 18 U.S.C. § 1343; and

b. to knowingly and willfully cause matters and things to be delivered by mail
and by a private and commercial interstate carrier according to the direction thereon, and to
knowingly and willfully take and receive such matters and things from a post office and authorized
depository for mail matter, for the purpose of executing and attempting to the scheme to defraud
and obtaining money and property by means of materially false and fraudulent pretenses,
representations, and promises, in violation of 18 U.S.C. § 1341.

Object of the Conspiracy and Scheme to Defraud

7. It was the object of the conspiracy and scheme to defraud to obtain money,
merchandise, and other property by submitting via the Internet false applications in the names of
identity theft victims claiming unemployment benefits to which GUY and other members of the
conspiracy were not entitled, causing the issuance of debit cards in the victims’ names and the
mailing of those cards to locations accessible to GUY and other members of the conspiracy, and
using the cards to withdraw money and to conduct retail transactions.

Manner and Means of the Conspiracy and Scheme to Defraud

8. It was part of the conspiracy and scheme to defraud that GUY and others known
and unknown to the Grand Jury obtained the PII of individual victims (“identity theft victims’).

9. Tt was further part of the conspiracy and scheme to defraud that GUY and others
known and unknown to the Grand Jury identified addresses of locations accessible to them, which
could be used to receive prepaid debit cards by mail.

10. ‘It was further part of the conspiracy and scheme to defraud that GUY and others

known and unknown to the Grand Jury used the Internet to initiate, complete, and submit to OESC
‘ 3
fraudulent applications for unemployment benefits in the names of identity theft victims.

11. It was further part of the conspiracy and scheme to defraud that GUY and others
known and unknown to the Grand Jury used the PII of identity theft victims in the fraudulent
applications as false identification of the applicants claiming unemployment compensation and
false verification of the applicants’ identities.

12. _[t was further part of the conspiracy and scheme to defraud that GUY and others
known and unknown to the Grand Jury listed the addresses of locations accessible to them as
mailing addresses in the fraudulent applications.

13. Tt was further part of the conspiracy and scheme to defraud that, based upon
information provided in the fraudulent applications, OESC approved disbursement of
unemployment compensation totaling more than $176,970, including FPUC funds, and caused
issuance of prepaid debit cards in the names of identity theft victims that could access funds held
in financial accounts for the benefit of the identity theft victims.

14. ‘It was further part of the conspiracy and scheme to defraud that OESC caused the
prepaid debit cards to be mailed to locations designated as mailing addresses by GUY and others
known and unknown to the Grand Jury in the fraudulent applications they submitted to OESC.

15. It was further part of the conspiracy and scheme to defraud that GUY and others
known and unknown to the Grand Jury obtained the prepaid debit cards issued in the names of .
identity theft victims under false pretenses.

16. It was further part of the conspiracy and scheme to defraud that GUY and others
known and unknown to the Grand Jury used the prepaid debit cards to withdraw money from

automated teller machines and to make retail purchases.

18 U.S.C. § 1349
COUNT TWO
(Access Device Fraud)

The Grand Jury for the District of Maryland further charges that:
1. The allegations set forth in Paragraphs 1 through 5 and 7 through 16 of Count One
of the Indictment are incorporated here.
2. Between on or about July 27, 2020, and August 5, 2020, in the District of Maryland,
the defendant,
CHRISTOPHER KENNETH GUY,
did knowingly and with intent to defraud effect transactions with access devices issued to other
persons, to receive payment and other things of value during a one-year period, the aggregate value
of which is at least $1,000, said conduct affecting interstate and foreign commerce; to wit, the
defendant conducted fraudulent transactions totaling more than $10,000 through use of debit cards
described as follows:
e adebit card issued to M.S. bearing a number ending in 2607,
e adebit card issued to J.P. bearing a number ending in 7362,
e a debit card issued to B.G. bearing a number ending in 1669,
e a debit card issued to K.D. bearing a number ending in 1181,
e adebit card issued to R.S. bearing a number ending in 4459,
e a debit card issued to C.M. bearing a number ending in 7725, and

e a debit card issued to K.P. bearing a number ending in 4669,

18 U.S.C. § 1029(a)(5)
COUNT THREE
(Possession of Unauthorized Access Devices)

The Grand Jury for the District of Maryland further charges that:

3. The allegations set forth in Paragraphs 1 through 5 and 7 through 16 of Count One
of the Indictment are incorporated here.

4. On or about August 5, 2020, in the District of Maryland, the defendant,

CHRISTOPHER KENNETH GUY,

did knowingly and with intent to defraud possess at least fifteen devices which were unauthorized
access devices, said conduct affecting interstate and foreign commerce; to wit, the defendant
possessed debit cards issued to other persons and bearing numbers ending in 2607, 7362, 1669,
1181, 4459, 7725, 4669, 7821, 6571, 7902, 5874, 8094, 8166, 7737, 6962, 6421, 5123, and 7165,

which the defendant obtained with intent to defraud.

18 U.S.C. § 1029(a)(3)
COUNT FOUR
(Aggravated Identity Theft)

The Grand Jury for the District of Maryland further charges that:

1. | The allegations set forth in Paragraphs | through 5 and 7 through 16 of Count One
of the Indictment are incorporated here.

2. Between on or about July 27, 2020, and August 5, 2020, in the District of Maryland,
the defendant, |

CHRISTOPHER KENNETH GUY,

did, during and in relation to a felony violation enumerated in Title 18, United States Code, Section
1028A(c), knowingly possess and use, without lawful authority, a means of identification of
another person, to wit, debit cards bearing the names of J.P., B.G., K.D., R.S., C.M., and K-P.,
during and in relation to Conspiracy to Commit Wire Fraud and Mail Fraud, in violation of 18
U.S.C. § 1349, Access Device Fraud in violation of 18 U.S.C. § 1029(a)(5), and Possession of
Unauthorized Access Devices in violation of 18 U.S.C. § 1029(a)(3), as charged in Counts One,

Two, and Three of this Indictment, respectively.

18 U.S.C. § 1028A(a)(1), (c)(4), (€)(5)
FORFEITURE ALLEGATION

The Grand Jury for the District of Maryland further finds that:

1. Pursuant to Fed. R. Crim. P. 32.2, notice is hereby given to the defendant that, in
the event of the defendant’s conviction on Counts One, Two, or Three of this Indictment, the
United States will seek forfeiture as a part of any sentence in accordance with 18 U.S.C.
§§ 981 (a)(1)(C) and 982(a)(2), 21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c).

Wire and Mail Fraud Forfeiture

2. Upon conviction of the offense alleged in Count One of this Indictment, the
defendant,
CHRISTOPHER KENNETH GUY,
shall forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c),
any property, real or personal, which constitutes or is derived from proceeds traceable such
offense. |

Access Device Fraud Forfeiture

3. Upon conviction of the offenses alleged in Counts Two or Three of this Indictment,
the defendant,
CHRISTOPHER KENNETH GUY,
shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2), any property constituting, or
derived from, proceeds obtained directly or indirectly, as the result of such offense.

Substitute Assets

4. If, as a result of any act or omission of the defendant, any of the property described
above as being subject to forfeiture:
a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third person;
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c. has been placed beyond the jurisdiction of the Court;
d. has been substantially diminished in value; or
e. has been commingled with other property that cannot be subdivided without
difficulty; |
the United States shall be entitled to forfeiture of substitute property up to the value of the
forfeitable property described above pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C.

§ 2461(c).

18 U.S.C. § 981(a)(1)(C)
18 U.S.C. § 982(a)(2)
21 U.S.C. § 853(p)

28 U.S.C. § 2461(c) Gouathan F. Leuguer | hh

JONATHAN F. LENZNER
AGTING-UNITED. STATES. ATTORNEY

A TRUE BILL: | A
{Myo [p02 SIGNATURE REDACTED
Date Foreperson


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