Indictment — United States v. Anthony Lamon Frazier et al., Northern District of Alabama (Document 1)
Summary
A sealed indictment filed November 23, 2021 as Document 1 in United States v. Anthony Lamon Frazier, Kelvin James Dark, Charleen Porter and Frederick Andre Spencer, Case 1:21-cr-00371-CLM-JHE, in the U.S. District Court for the Northern District of Alabama, Eastern Division. Counts One through Twenty-Three charge Frazier with money laundering through postal money order and cash deposits alleged to be drug proceeds, and Counts Twenty-Four through Twenty-Seven charge structuring under 31 U.S.C. §§ 5324(a)(3) and (d)(2). Count Twenty-Eight charges Frazier, Dark and Spencer with conspiracy to commit wire fraud over $500,000 an athlete wired for a sports agency, and Count Twenty-Nine charges a $130,724.92 transfer under 18 U.S.C. § 1957. Count Thirty charges Porter and Spencer with conspiring to defraud the Small Business Administration.
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“Indictment — United States v. Anthony Lamon Frazier et al., Northern District of Alabama (Document 1).”
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Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 1 of 28 FILED
2021 Nov-24 PM 12:56
U.S. DISTRICT COURT
N.D. OF ALABAMA
PFE/AJG/MBM: Dec. 2021
GJ #21
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
UNITED STATES OF AMERICA )
)
v. )
) UNDER SEAL
ANTHONY LAMON FRAZIER, )
also known as “Tony” )
KELVIN JAMES DARK, )
also known as “KDigga” ) Case No.:
CHARLEEN PORTER, and )
FREDERICK ANDRE SPENCER )
INDICTMENT
COUNTS ONE through TWENTY-THREE
Money Laundering
[18 U.S.C. §§ 1956(a)(1)(B)(i) and (a)(1)(B)(ii)]
The Grand Jury charges that:
1. On or about the date set forth below for each count, in Talladega County,
within the Northern District of Alabama, and elsewhere, the defendant,
ANTHONY LAMON FRAZIER,
also known as “Tony,”
knowingly conducted and attempted to conduct a financial transaction affecting
interstate commerce, which financial transaction involved the proceeds of specified
unlawful activity, that is, distribution and possession with intent to distribute
controlled substances, and attempt and conspiracy to do the same, in violation of
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 2 of 28
Title 21, United States Code, Sections 841 and 846, knowing that the transaction
was designed in whole or in part to conceal and disguise the nature, location, source,
ownership, and control of the proceeds of a specified unlawful activity, and to avoid
transaction reporting requirements under Federal law, as set forth below:
Approximate
Count Date Description of Financial Transaction
Amount
Postal Money Order in the name of Cedric
1 07/14/2017 Jones at 101 Lide Road, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Cedric
2 07/14/2017 Jones at 101 Lide Road, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Julius
3 09/11/2017 Ragland at 114 Lide Road, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Mary
4 10/03/2017 Dark at 319 Scott Street, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Tiffany
5 10/04/2017 Jones at 905 Long Street, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Chris
6 01/25/2018 Jones at 211 Baker Street, deposited into $1,000
Frazier Investment Account ending in
*0296
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 3 of 28
Postal Money Order in the name of Mike
7 02/06/2018 Cook at 115 Cook Drive, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Mark
8 02/20/2018 Smith at 119 Jacob Lane, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Mary
9 02/21/2019 Swain at 116 Lide Road, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Mary
10 02/21/2019 Swain at 116 Lide Road, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Alicia
11 03/18/2020 Jones at 741 Davis Street, deposited into $1,000
Frazier Investment Account ending in
*0296
Postal Money Order in the name of Tosha
12 03/18/2020 Dark at 783 Baker Street, deposited into $1,000
Frazier Investment Account ending in
*0296
13 07/16/2020 Cash Deposit into Frazier Investment $1,000
Account ending in *0296
Postal Money Order in the name of Cindy
14 07/16/2020 Scott at 138 Baker Street, deposited into $1,000
Frazier Investment Account ending in
*0296
15 08/04/2020 Cash Deposit into Head of Game Account $2,000
ending in *5129
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 4 of 28
Postal Money Order in the name of Mark
16 08/17/2020 Jones at 217 Cleves Lane, deposited into $1,000
Head of Game Account ending in *5129
Postal Money Order in the name of Mark
17 08/17/2020 Jones at 217 Cleves Lane, deposited into $1,000
Head of Game Account ending in *5129
Postal Money Order in the name of Mark
18 08/21/2020 Jones at 115 Ragland Street, deposited into $1,000
Head of Game Account ending in *5129
Postal Money Order in the name of Mark
19 08/21/2020 Jones at 115 Ragland Street, deposited into $1,000
Head of Game Account ending in *5129
20 08/21/2020 Cash Deposit into Head of Game Account $2,000
ending in *5129
21 09/04/2020 Cash Deposit into Head of Game Account $2,000
ending in *5129
22 09/04/2020 Cash Deposit into Frazier Investment $2,000
Account ending in *0296
23 09/04/2020 ATM Deposit into Frazier Investment $520
Account ending in *0296
All in violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i) and
(a)(1)(B)(ii).
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 5 of 28
COUNTS TWENTY-FOUR through TWENTY-SEVEN
Structuring
[31 U.S.C. §§ 5324(a)(3) and (d)(2)]
The Grand Jury further charges that:
2. The allegations contained in paragraph 1 are hereby repeated, realleged,
and incorporated by reference, as if fully set forth herein.
3. On or about the dates set forth below, in Talladega County, in the Northern
District of Alabama, and elsewhere, the defendant,
ANTHONY LAMON FRAZIER,
also known as “Tony,”
did knowingly, and for the purpose of evading the reporting requirements of section
5313(a) of Title 31, United States Code, and the regulations promulgated thereunder,
structure, assist in structuring, and attempt to structure the following currency
transactions with PNC Bank, a domestic financial institution, and did so while
violating another law of the United States:
Approximate
Count Date(s) Description of Financial Transactions
Total
Amount
Three (3) Postal Money Orders in the name
24 02/20/2018 of Mark Smith at 119 Jacob Lane, deposited $21,100
into Frazier Investment Account ending in
*0296
02/21/2018 Five (5) Postal Money Orders in the name of
Jason Jones at 421 Baker Street, deposited
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 6 of 28
into Frazier Investment Account ending in
*0296
Three (3) Postal Money Orders in the name
02/22/2018 of Jim Jones at 210 East Street, deposited
into Frazier Investment Account ending in
*0296
Two (2) Postal Money Orders in the name of
Mike Scott at 411 Scott Street, deposited
02/23/2018 into Frazier Investment Account ending in
*0296
Three (3) Postal Money Orders in the name
of Chris Jones at 119 Scott Street, deposited
02/26/2018 into Frazier Investment Account ending in
*0296
Two (2) Postal Money Orders in the name of
02/28/2018 Kim Smith at 118 Baker Street, Two (2)
Postal Money Orders in the name of
Sanfaeia Spidell at 24 Curry Court, and
Three (3) Postal Money Orders in the name
of John Stamps at 418 East Street, all
deposited into Frazier Investment Account
ending in *0296
Four (4) Postal Money Orders in the name
25 02/25/2019 of Sara Smith at 217 Long Street, deposited $4,000
into Frazier Investment Account ending in
*0296
Four (4) Postal Money Orders in the name
26 05/26/2020 of Brandon Scott at 115 Frazier Street, $4,000
deposited into Frazier Investment Account
ending in *0296
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 7 of 28
27 08/31/2020 Cash Deposit into Head of Game Account $14,500
ending in *5129
09/01/2020 Four (4) Postal Money Orders in the name
of Mark Cross at 195 Ragland Street,
deposited into Head of Game account
ending in *5129
09/03/2020 Two (2) Postal Money Orders in the name
of Jon Scott at 554 Baker Street, deposited
into Head of Game account ending in
*5129
09/03/2020 Cash Deposit into Head of Game Account
ending in *5129
09/04/2020 Two (2) Postal Money Orders in the name
of Chris White at 119 Moon Street,
deposited into Head of Game account
ending in *5129
09/04/2020
Cash Deposit into Frazier Investments
Account ending in *0296
All in violation of Title 31, United States Code, Sections 5324(a)(3) and
(d)(2).
COUNT TWENTY-EIGHT
Conspiracy to Commit Wire Fraud
[18 U.S.C. §§ 1343 & 1349]
The Grand Jury further charges that:
4. The allegations contained in paragraphs 1 through 3 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 8 of 28
5. Beginning in and around November 2018 and continuing through in and
around December 2019, more exact dates being unknown to the Grand Jury, in
Talladega County, in the Northern District of Alabama and elsewhere, the
defendants:
ANTHONY LAMON FRAZIER,
also known as “Tony,”
KELVIN JAMES DARK,
also known as “KDigga,” and
FREDERICK ANDRE SPENCER,
did knowingly and willfully conspire, combine, and agree together with others both
known and unknown to the Grand Jury to devise and intend to devise a scheme and
artifice to defraud Victim Q.W. and to obtain money and property belonging to
Victim Q.W. by means of materially false and fraudulent pretenses, representations,
and promises; and for the purposes of executing such scheme and artifice, knowingly
would and did transmit and cause to be transmitted by means of wire communication
in interstate and foreign commerce, writings, signs, signals, pictures, and sounds for
the purposes of executing such scheme and artifice, in violation of Title 18, United
States Code, Section 1343.
MANNER AND MEANS
6. The objective of the conspiracy was to trick and deceive Victim Q.W., who
was at all relevant times either a professional athlete or in the process of becoming
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 9 of 28
a professional athlete, into wiring funds into bank accounts controlled by the
conspiracy. Among the manner and means used by the conspiracy to achieve its
unlawful objects and in furtherance of the scheme were the following:
a. Defendants FRAZIER, DARK, and SPENCER represented to
Victim Q.W. that they would operate a sports agency on his behalf.
b. Defendants FRAZIER, DARK, and SPENCER caused Victim
Q.W. to wire $500,000 to a bank account controlled by FRAZIER, purportedly to
start this sports agency.
c. Defendants FRAZIER, DARK, and SPENCER led Victim
Q.W. to believe that they would actively recruit new players, produce high-quality
marketing materials for the agency, and foster connections in the sports marketing
world.
d. In fact, the defendants used this money for their own personal
benefit, and made only minimal efforts to act in accordance with their agreement
with Victim Q.W. The majority of the funds provided by Victim Q.W. were instead
used to personally benefit defendants FRAZIER, DARK, and SPENCER.
e. Approximately $214,825 of the money wired by Victim Q.W.
was wired by defendant FRAZIER into a separate bank account, purporting to be a
business account for a towing company. This money was also used for defendant
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 10 of 28
SPENCER’s personal benefit rather than for its intended purpose as described by
Victim Q.W.
f. The defendants tricked and deceived Victim Q.W. by leading
him to believe that his money would be used for the purposes he outlined to the
defendants, and instead the defendants used his money for their own personal
benefit.
OVERT ACTS
7. In furtherance of the conspiracy, and in order to accomplish its objects,
defendants FRAZIER, DARK, and SPENCER, together with co-conspirators both
known and unknown to the Grand Jury, committed overt acts in the Northern District
of Alabama and elsewhere, including, but not limited to, the following:
a. On or about November 27, 2018, defendant FRAZIER opened
a bank account under the name “Head of Game,” for which he retained sole signatory
authority.
b. In and around December 2018, defendants FRAZIER, DARK,
and SPENCER met with Victim Q.W., and agreed to operate a sports agency on his
behalf. They instructed Victim Q.W. to wire half of the advance funds he received
from signing to play for a professional sports franchise, which amounted to
$500,000, to a bank account for the agency. Defendants FRAZIER, DARK, and
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 11 of 28
SPENCER did not tell Victim Q.W. that defendant FRAZIER retained sole
signatory authority on the account, or that Victim Q.W. did not have signatory
authority for the account.
c. On or about January 15, 2019, because of the representations
made to Victim Q.W. by the defendants, Victim Q.W. did cause $500,000 to be
wired to the “Head of Game” bank account. Defendants FRAZIER, DARK, and
SPENCER used Victim Q.W.’s money, which was wired to the “Head of Game”
bank account held in defendant FRAZIER’s name, for their personal benefit.
d. On or about January 16, 2019, defendant FRAZIER wired
$214,825 of Victim Q.W.’s money from the “Head of Game” account to an account
held by CHARLEEN PORTER. This money was also used for defendant
SPENCER’s personal benefit rather than for its intended purpose as described by
Victim Q.W.
All in violation of Title 18, United States Code, Sections 1343 and 1349.
COUNT TWENTY-NINE
Money Laundering
[18 U.S.C. § 1957]
The Grand Jury further charges that:
8. The allegations contained in paragraphs 1 through 7 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 12 of 28
9. On or about the 27th day of August, 2019, in Talladega County, within the
Northern District of Alabama and elsewhere, the defendant,
ANTHONY LAMON FRAZIER,
also known as “Tony,”
knowingly engaged and attempted to engage in a monetary transaction, by through
or to a financial institution, affecting interstate and foreign commerce, in criminally
derived property of a value greater than $10,000, that is, the transfer of funds as set
forth below, such property having been derived from a specified unlawful activity,
that is, wire fraud as alleged in Count Twenty-Eight of this Indictment:
Approximate
Count Date Description of Financial Transaction
Amount
Wire Transfer from Ganek PC to Frazier
29 08/27/2019 $130,724.92
Investments account ending in *0296
All in violation of Title 18, United States Code, Section 1957.
COUNT THIRTY
Conspiracy to Commit Wire Fraud
[18 U.S.C. §§ 1343 and 1349]
The Grand Jury further charges that:
10. The allegations contained in paragraphs 1 through 9 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 13 of 28
11. Beginning in and around January 2019 and continuing to in and around
June 2020, more exact dates being unknown to the Grand Jury, in Jefferson County,
in the Northern District of Alabama and elsewhere, the defendants:
CHARLEEN PORTER
and
FREDERICK ANDRE SPENCER,
did knowingly and willfully conspire, combine, and agree together and with others
known and unknown to the Grand Jury to devise a scheme and artifice to defraud
the Small Business Administration and to obtain money and property belonging to
the Small Business Administration by means of materially false and fraudulent
pretenses, representations, and promises; and for the purposes of executing such
scheme and artifice, knowingly would and did transmit and cause to be transmitted
by means of wire communication in interstate and foreign commerce, writings,
signs, signals, pictures, and sounds for the purposes of executing such scheme and
artifice, in violation of Title 18, United States Code, Section 1343.
MANNER AND MEANS
12. The objective of the conspiracy was to use fraudulent loan paperwork
to mislead the Small Business Administration and its lenders into paying out a
COVID relief loan under the Paycheck Protection Program, causing funds to be
wired into bank accounts controlled by the conspiracy. Among the manner and
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 14 of 28
means used by the conspiracy to achieve its unlawful objects and in furtherance of
the scheme were the following:
a. Defendant FREDERICK SPENCER caused $214,825 of
Victim Q.W.’s funds to be wired into a business bank account held by Mom & Son’s
Towing, for which defendant CHARLEEN PORTER had signatory authority.
b. Defendant PORTER completed and caused a loan application to
be submitted, requesting a Paycheck Protection Program (“PPP”) loan for Mom &
Son’s Towing. In that loan application, defendant PORTER claimed five
employees, a monthly payroll of $34,472, gross receipts of $866,412, and annual
wages of $396,000 for 2019. However, the bank records for Mom & Son’s Towing
reveal gross receipts of approximately $244,338.98, the majority of which is
comprised of the money stolen from Victim Q.W. Furthermore, total withdrawals
for 2019 total approximately $230,443.67, far less than the wages claimed to have
been paid out on the loan application.
c. Defendant PORTER attached fraudulent Schedule C and Form
W3 paperwork to substantiate her loan application.
d. Defendants SPENCER and PORTER used this business
account to fund their personal living expenses rather than legitimate expenses.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 15 of 28
e. Defendant PORTER caused Kabbage, Inc. to disburse a PPP
loan in the amount of $86,178, which was wired to the business bank account for
Mom & Son’s Towing.
OVERT ACTS
13. In furtherance of the conspiracy, and in order to accomplish its objects,
defendants FREDERICK SPENCER and CHARLEEN PORTER, together with
co-conspirators both known and unknown to the grand jury, committed overt acts in
the Northern District of Alabama and elsewhere, including, but not limited to, the
following:
a. On or about January 14, 2019, defendant PORTER opened an Iberia
bank account under the name “Mom & Son’s Towing,” for which she
maintained signatory authority.
b. On or about January 16, 2019, defendant SPENCER caused $214,825
to be wired into the Mom & Son’s business bank account.
c. On or about May 5, 2020, defendants SPENCER and PORTER
opened a new Cadence bank account for Mom & Son’s Towing, and
defendant PORTER closed the previously held account for the
business, transferring the remaining funds in the Iberia account to the
Cadence account.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 16 of 28
d. On or about June 17, 2020, defendant PORTER caused to be submitted
a loan application to Kabbage, Inc., an authorized lender for the Small
Business Administration, requesting a loan under the Paycheck
Protection Program.
e. As part of that application, on or about June 17, 2020, defendant
PORTER attached fraudulent paperwork, including a false Schedule C
and Form W3, which made false claims about monthly payroll, annual
wages, and gross receipts, among other false items.
f. As a result of that submission, on or about June 19, 2020, defendant
PORTER caused $86,178 to be paid out by Kabbage, Inc., which wired
its loan funds into the Cadence business bank account jointly held by
defendants PORTER and SPENCER.
g. Defendants PORTER and SPENCER used these funds for their
personal expenses, and not for the purposes designated on their loan
application. For example, on June 22, 2020, defendant SPENCER
caused $5,000 to be wired from the Cadence account to a business bank
account for “Direct Playa, Inc.” for which he was the sole signatory
authority.
All in violation of Title 18, United States Code, Sections 1343 and 1349.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 17 of 28
COUNT THIRTY-ONE
False Statements
[18 U.S.C. § 1014]
The Grand Jury further charges that:
14. The allegations contained in paragraphs 1 through 13 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
15. On or about the 17th day of June, 2020, in Jefferson County, in the
Northern District of Alabama and elsewhere, the defendant,
CHARLEEN PORTER,
knowingly made and caused to be made to the Small Business Administration, false
statements for the purpose of influencing the actions of Kabbage, Inc., an institution
whose deposits are insured by the Federal Deposit Insurance Corporation, to provide
the Defendant with a loan under the Paycheck Protection Program in the amount of
approximately $86,178. Defendant CHARLEEN PORTER claimed, among other
false items, that in 2019 she paid out over $396,000 in wages for her business.
All in violation of Title 18, United States Code Section 1014.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 18 of 28
COUNT THIRTY-TWO
Wire Fraud
[18 U.S.C. § 1343]
The Grand Jury further charges that:
16. The allegations contained in paragraphs 1 through 15 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
17. On or about the 19th day of June, 2020, in Jefferson County, in the
Northern District of Alabama, and elsewhere, the defendant,
CHARLEEN PORTER,
together with others known and unknown to the Grand Jury, having devised and
intending to devise a scheme and artifice to defraud the Small Business
Administration, and for obtaining money and property by means of false and
fraudulent pretenses, representations, and promises, knowingly did transmit and
cause to be transmitted by means of wire, radio, and television communication in
interstate and foreign commerce, writings, signs, signals, pictures, and sounds, for
the purpose of executing such scheme and artifice, that is, defendant PORTER
submitted a fraudulent loan application under the Paycheck Protection Act, causing
Kabbage, Inc. to wire a loan payment of approximately $86,178 into defendant
PORTER’s bank account.
All in violation of Title 18, United States Code, Section 1343.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 19 of 28
COUNT THIRTY-THREE
False Statements
[18 U.S.C. § 1014]
The Grand Jury further charges that:
18. The allegations contained in paragraphs 1 through 17 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
19. On or about the 24th day of June, 2020, in Jefferson County, in the
Northern District of Alabama and elsewhere, the defendant,
FREDERICK ANDRE SPENCER,
knowingly made and caused to be made to the Small Business Administration, false
statements for the purpose of influencing the actions of Kabbage, Inc., an institution
whose deposits are insured by the Federal Deposit Insurance Corporation, to provide
the Defendant with a loan under the Paycheck Protection Program in the amount of
approximately $78,248. Defendant FREDERICK ANDRE SPENCER claimed,
among other false items, that in 2019 he paid out $315,000 in wages for his business.
All in violation of Title 18, United States Code Section 1014.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 20 of 28
COUNT THIRTY-FOUR
Wire Fraud
[18 U.S.C. § 1343]
The Grand Jury further charges that:
20. The allegations contained in paragraphs 1 through 19 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
21. On or about the 29th day of June, 2020, in Jefferson County, in the
Northern District of Alabama, and elsewhere, the defendant,
FREDERICK ANDRE SPENCER,
together with others known and unknown to the Grand Jury, having devised and
intending to devise a scheme and artifice to defraud the Small Business
Administration, and for obtaining money and property by means of false and
fraudulent pretenses, representations, and promises, knowingly did transmit and
cause to be transmitted by means of wire, radio, and television communication in
interstate and foreign commerce, writings, signs, signals, pictures, and sounds, for
the purpose of executing such scheme and artifice, that is, defendant SPENCER
submitted a fraudulent loan application under the Paycheck Protection Act, causing
Kabbage, Inc. to wire a loan payment of approximately $78,248 into SPENCER’s
bank account.
All in violation of Title 18, United States Code, Section 1343.
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 21 of 28
COUNT THIRTY-FIVE
Filing a False Tax Return
[26 U.S.C. § 7206(1)]
The Grand Jury further charges that:
22. The allegations contained in paragraphs 1 through 21 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
23. On or about the 27th day of May, 2019, in Jefferson County, in the
Northern District of Alabama, and elsewhere, the defendant,
ANTHONY LAMON FRAZIER,
also known as “Tony,”
did willfully make and subscribe and cause to be filed with the Internal Revenue
Service a U.S. Individual Income Tax Return (IRS Form 1040), for the calendar year
2017. That tax return, which was filed with the Internal Revenue Service, was
verified by a written declaration that it was made under the penalties of perjury. The
defendant did not believe his tax return was true and correct as to every material
matter. Among other things, that tax return was false insomuch as it reported on Line
22 a negative total income (i.e., a loss) in the amount of $32,667, whereas, as
Defendant FRAZIER then and there well knew, his total income was substantially
in excess of the reported amount.
All in violation of Title 26, United States Code, Section 7206(1).
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 22 of 28
COUNT THIRTY-SIX
Filing a False Tax Return
[26 U.S.C. § 7206(1)]
The Grand Jury further charges that:
24. The allegations contained in paragraphs 1 through 23 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
25. On or about the 27th day of May, 2019, in Jefferson County, in the
Northern District of Alabama, and elsewhere, the defendant,
ANTHONY LAMON FRAZIER,
also known as “Tony,”
did willfully make and subscribe and cause to be filed a U.S. Individual Income Tax
Return (IRS Form 1040), for the calendar year 2018. That tax return, which was filed
with the Internal Revenue Service, was verified by a written declaration that it was
made under the penalties of perjury. The defendant did not believe his tax return was
true and correct as to every material matter. Among other things, that tax return was
false insomuch as it reported on Line 6 a total income of $40,583, whereas, as
Defendant FRAZIER then and there well knew, his total income was substantially
in excess of the reported amount.
All in violation of Title 26, United States Code, Section 7206(1).
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 23 of 28
COUNT THIRTY-SEVEN
Filing a False Tax Return
[26 U.S.C. § 7206(1)]
The Grand Jury further charges that:
26. The allegations contained in paragraphs 1 through 25 are hereby repeated,
realleged, and incorporated by reference, as if fully set forth herein.
27. On or about the 13th day of July, 2020, in Jefferson County, in the Northern
District of Alabama, and elsewhere, the defendant,
ANTHONY LAMON FRAZIER,
also known as “Tony,”
did willfully make and subscribe and cause to be filed a U.S. Individual Income Tax
Return (IRS Form 1040), for the calendar year 2019. That tax return, which was filed
with the Internal Revenue Service, was verified by a written declaration that it was
made under the penalties of perjury. The defendant did not believe his tax return was
true and correct as to every material matter. Among other things, that tax return was
false insomuch as it reported on Line 7b a total income of $58,687, whereas, as
Defendant FRAZIER then and there well knew, his total income was substantially
in excess of the reported amount.
All in violation of Title 26, United States Code, Section 7206(1).
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 24 of 28
FIRST NOTICE OF FORFEITURE
[18 U.S.C. § 982(a)(1)]
1. The allegations contained in Counts One through Twenty-Three and
Count Twenty-Nine of this Indictment are hereby realleged and incorporated by
reference for the purpose of alleging forfeitures pursuant to 18 U.S.C. § 982(a)(1).
2. Upon conviction of an offense in violation of 18 U.S.C. § 1956 or 18
U.S.C. § 1957, the defendant,
ANTHONY LAMON FRAZIER
also known as “Tony,”
shall forfeit to the United States of America any property, real or personal, involved
in such offense, and any property traceable to such property. The property to be
forfeited includes, but is not limited to, the following: $107,780.80 in United States
currency seized from a PNC Bank account in the name of Frazier Investment LLC
DBA FF Autos, Number *0296; a $1,000 postal money order made payable to Head
Of Game Sports, S/N *2725; a $1,000 postal money order made payable to Head Of
Game Sports, S/N *2736; and a money judgment representing the property involved
in the offenses.
3. If any of the property described above, as a result of any act or omission
of the defendant:
a. cannot be located upon the exercise of due diligence;
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 25 of 28
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 commingled with other property which cannot be divided
without difficulty,
the United States of America shall be entitled to forfeiture of substitute property
pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(1) and 28
U.S.C. § 2461(c).
SECOND NOTICE OF FORFEITURE
[31 U.S.C. § 5317]
1. The allegations contained in Counts Twenty-Four through Twenty-
Seven of this Indictment are hereby realleged and incorporated by reference for the
purpose of alleging forfeitures pursuant to Title 31, United States Code, Section
5317.
2. Upon conviction of an offense in violation of Title 31, United States
Code, Section 5324, the defendant,
ANTHONY LAMON FRAZIER
also known as “Tony,”
shall forfeit to the United States of America all property, real or personal, involved
in the offense and any property traceable to such property, including but not limited
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 26 of 28
to a portion of the $107,780.80 in United States currency seized from a PNC Bank
account in the name of Frazier Investment LLC DBA FF Autos, Number *0296.
3. If any of the property described above, 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 commingled with other property which cannot be
divided without difficulty,
the United States of America shall be entitled to forfeiture of substitute property
pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title
31, United States Code, Section 5317(c) and by Title 28, United States Code, Section
2461(c).
THIRD NOTICE OF FORFEITURE
[18 U.S.C. §§ 981(a)(1)(C) and 982(a)(2)(A), and 28 U.S.C. § 2461(c)]
1. The allegations contained in Counts Twenty-Eight and Thirty through
Thirty-Four of this Indictment are hereby realleged and incorporated by reference
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 27 of 28
for the purpose of alleging forfeitures pursuant to 18 U.S.C. §§ 981(a)(1)(C) and
982(a)(2)(A), and 28 U.S.C. § 2461(c).
2. Upon conviction of an offense in violation of 18 U.S.C. § 1014, 18
U.S.C. § 1343, and 18 U.S.C. § 1349, the defendants,
ANTHONY LAMON FRAZIER,
also known as “Tony,”
KELVIN JAMES DARK,
also known as “KDigga,”
FREDERICK ANDRE SPENCER, and
CHARLEEN PORTER,
shall forfeit to the United States of America any property, real or personal, which
constitutes or is derived from proceeds traceable to the offense. The property to be
forfeited includes, but is not limited to, a money judgment representing the value of
any property, real or personal, which constitutes or is derived from proceeds
traceable to each offense of which any defendant has been convicted.
3. If any of the property described above, as a result of any act or omission
of the defendants:
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
Case 1:21-cr-00371-CLM-JHE Document 1 Filed 11/23/21 Page 28 of 28
e. has been commingled with other property which cannot be
divided without difficulty,
the United States of America shall be entitled to forfeiture of substitute property
pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title
28, United States Code, Section 2461(c).
A TRUE BILL
/s/: Electronic Signature
FOREPERSON OF THE GRAND JURY
PRIM F. ESCALONA
United States Attorney
/s/: Electronic Signature
ALLISON J. GARNETT
Assistant United States Attorney
/s/: Electronic Signature
M. BLAKE MILNER
Assistant United States Attorney
/s/: Electronic Signature
THOMAS BORTON
Assistant United States Attorney
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