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Indictment — United States v. Anthony Lamon Frazier et al., Northern District of Alabama (Document 1)

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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).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-1-21-cr-00371-dkt-1-2e156dd43e/, SHA-256 4298f2584be7ff540e70fafab70308fe5292dc291302a7126bb0bf8f2d91516f.

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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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