Indictment — United States v. Danielle Miller, District of Massachusetts (Document 9)

Summary

An Indictment in United States of America v. Danielle Miller, Criminal No. 21cr10228, in the U.S. District Court for the District of Massachusetts, Document 9, filed 07/27/21 in Case 1:21-cr-10228-FDS. Counts One through Three charge Wire Fraud under 18 U.S.C. § 1343, Counts Four and Five charge Aggravated Identity Theft under 18 U.S.C. § 1028A(a)(1), and a forfeiture allegation is included. The Indictment alleges that beginning in or around July 2020 and continuing until at least in or around May 2021 the defendant devised a scheme to fraudulently obtain EIDL funds and PUA benefits by impersonating Person 1 through Person 5 and others. It alleges SBA deposits of approximately $102,000, $62,400, $149,900, $499,900 and $124,900 tied to those impersonations.

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Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 1 of 14

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA Criminal No. 21cr10228

Violations:

Counts One — Three: Wire Fraud
(18 U.S.C. § 1343)

DANIELLE MILLER,

Defendant Counts Four — Five: Aggravated Identity Theft

(18 U.S.C. § 1028A(a)(1))

Forfeiture Allegation:
(18 U.S.C. § 981(a)(1)(C) and

28 U.S.C. § 2461)

INDICTMENT
At all times relevant to this Indictment:

General Allegations

1. The defendant, Danielle Miller (“MILLER”), resided in or around Miami, Florida.

2. Person | was a resident of Massachusetts.

3. Person 2 was a resident of Wisconsin.

4. Person 3 was a resident of Texas.

5. Person 4 was a resident of Texas.

6. Person 5 was a resident of North Carolina.

7. The United States Small Business Administration (“SBA”) was an agency of the
executive branch of the United States government. The mission of the SBA was to maintain and
strengthen the nation’s economy by enabling the establishment and viability of small businesses

and by assisting in the economic recovery of communities after disasters. As part of this effort,
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 2 of 14

the SBA enabled and provided for loans, guaranteed by the government, through banks, credit
unions, and other lenders.

8. | The Massachusetts Department of Unemployment Assistance (“DUA”) was a state
agency headquartered in Boston, Massachusetts.

9. The Massachusetts Registry of Motor Vehicles (““RMV”) was a state agency
headquartered in Boston, Massachusetts.

10. The RMV operated and maintained myRMV, an online tool for Massachusetts
identification holders to access and update their license, permit, identification card, or vehicle
information.

11. Zipcar was a car-sharing company headquartered in Boston, Massachusetts.

The CARES Act

A. The Economic Injury Disaster Loan Program

12. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal
law enacted in March 2020 to provide emergency financial assistance to Americans suffering the
economic effects of the COVID-19 pandemic. Among other things, the CARES Act expanded the
SBA’s Economic Injury Disaster Loan (““EIDL”) program to provide loans of up to $2 million to
small businesses that suffered “substantial economic injury” from COVID-19. The EIDL program
required recipients to use EIDL funds only on certain business expenses, including payments of
fixed business debts and payroll.

13. EIDL funds were issued directly from the United States Treasury. Applicants
applied through the SBA via an online portal. The EIDL application process required applicants

to provide information concerning the affected business, including the number of employees, gross
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 3 of 14

revenues, and costs of goods sold in the 12 months prior to January 31, 2020, as well as information
about the business owner. Applicants electronically certified that the information provided was
accurate.

14. The SBA relied on the information provided by the applicant to determine how much
money the small business was eligible to receive in the form of EIDL funds. Additionally, by
checking a box in the online EIDL application, an applicant could request and receive $1,000 per
employee, up to $10,000, in an EIDL Cash Advance Grant. The applicant was not required to
repay an EIDL Cash Advance Grant, even if (i) the SBA ultimately denied the EIDL application
or (ii) the applicant ultimately declined the loan.

B. Pandemic Unemployment Assistance

15. The CARES Act also created a temporary federal unemployment insurance program
called Pandemic Unemployment Assistance (“PUA”). PUA provided unemployment benefits for
individuals who were not eligible for other types of unemployment benefits, including those who
were self-employed, independent contractors, or gig economy workers.

16. DUA administered and managed PUA in Massachusetts. In Massachusetts, weekly
benefits for PUA recipients ranged between $267 and $855.

17. The CARES Act also created a temporary federal program called Federal Pandemic
Unemployment Compensation (“FPUC”) that operated between March 29, 2020 and July 25, 2020
and provided an additional $600 weekly benefit to PUA recipients.

18. Between August 1, 2020 and September 5, 2020, PUA claimants were eligible to
receive an additional $300 per week in Federal Lost Wage Assistance (“FLWA”) funded by the

Federal Emergency Management Agency (“FEMA”).
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 4 of 14

19. The PUA claim process required a claimant to provide his or her first and last name,
Social Security number, date of birth, and a residential and/or mailing address. The claim process
also required the claimant to provide a phone number and an email address to be used by DUA to
provide updates, contact the claimant, and/or authenticate claim information. Additionally, the
claim process required a claimant to verify his or her identity through a combination of personal
identifying information, internet protocol addresses, email and/or bank account information, and
other proof of identification. PUA claims submitted to the DUA online were processed via a server
located in Colorado.

20. To be eligible to receive PUA benefits, a claimant was required to submit a weekly
certification indicating whether the claimant had worked and/or received any income during the
identified week. The certification required the claimant to acknowledge, among other things, that
it was illegal to collect unemployment while working and/or to fail to report all income to the
DUA.

The Scheme to Defraud

21. Beginning in or around July 2020, and continuing until at least in or around May
2021, MILLER devised and executed a scheme to fraudulently obtain pandemic-related relief
funds—including EIDL funds and PUA and related unemployment benefits— and to obtain other
goods and services by impersonating Person 1, Person 2, Person 3, Person 4, Person 5, and others,
including to apply for bank accounts, loans, and unemployment benefits.

Impersonation of Person |

22. On or about August 1, 2020, the online myRMV account associated with Person |

was accessed via an internet connection in Miami, Florida.
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 5 of 14

23. On or about August 1, 2020, TD Bank received an account application under the
name of Person 1, specifying various personal identifying information (“PII”) of Person 1. TD
Bank opened an account in the name of Person 1.

24. Onor about August 1, 2020, the SBA received an EIDL application in the name of
Person 1, which specified account information for the TD Bank account in the name of Person 1.

25. Onor about August 6, 2020, the SBA deposited approximately $102,000 into the TD
Bank account in the name of Person 1, which was controlled by MILLER.

26. On or about September 9, 2020, a Gulfstream jet traveled via private charter from
Fort Lauderdale, Florida to Van Nuys, California. Charter company records list Person | as one
of the passengers, and include the image of a fraudulent Massachusetts driver’s license in the name
of Person 1, but with a photograph depicting MILLER.

27. Onor about October 19, 2020, DUA received an application for PUA benefits in the
name of Person 1.

28. On or about October 22, 2020, DUA received an upload of identity verification
documents in connection with the claim for PUA benefits in the name of Person 1. These included
the image of a fraudulent Massachusetts driver’s license in the name of Person 1, but with a
photograph depicting MILLER. These also included a “selfie” photograph of MILLER holding
this fraudulent driver’s license.

29. On or about May 11, 2021, MILLER possessed a fraudulent Massachusetts driver’s
license in the name of Person 1, but with a photograph depicting MILLER, which was located in

the luxury apartment in Miami, Florida where she was residing.
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 6 of 14

30. Also on or about May 11, 2021, MILLER possessed a TD Bank card for the account
in the name of Person 1, which was also located in the luxury apartment in Miami, Florida where
MILLER was residing.

Impersonation of Person 2

31. Onor about July 23, 2020, TD Bank received an account application under the name
of Person 2, specifying various PII of Person 2. TD Bank opened an account in the name of Person
2.

32. On or about July 21, 2020, the SBA received an EIDL application in the name of
“[Person 2] Gems and Jewels LLC,” which specified account information for the TD Bank account
in the name of Person 2.

33. Onor about August 7, 2020, the SBA deposited approximately $62,400 into the TD
Bank account in the name of Person 2.

34. Between August 11, 2020 and September 8, 2020, more than $22,000 in Western
Union money orders were purchased in Miami, Florida using the TD Bank account in the name of
Person 1; many of these money orders were made out to a company named “[Person 2] Gems and
Jewels.”

35. Between August 26, 2020 and September 15, 2020, the State of Arizona deposited
approximately $6,200 in benefit payments into the TD Bank account in the name of Person 2.

36. In or around September 2020, a luxury apartment in Miami, Florida was rented in
the name of Person 2. The renter provided a fraudulent Wisconsin driver’s license in the name of

Person 2, but with a photograph depicting MILLER.
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 7 of 14

37. Onor about November 12, 2020, a Honda Civic was rented via Zipcar from Miami
Florida, with a pickup date of November 13, 2020 and a return date of November 15, 2020. The
car was rented in the name of Person 2. The renter provided a fraudulent Wisconsin driver’s
license in the name of Person 2, but with a photograph depicting MILLER. The renter also
provided a standalone photograph of MILLER. The car was never returned to Zipcar.

38. On or about May 11, 2021, MILLER possessed a fraudulent Wisconsin driver’s
license in the name of Person 2, but with a photograph depicting MILLER, which was located on
her person when she was encountered outside the luxury apartment in Miami, Florida where she
was residing.

39. Also on or about May 11, 2021, MILLER possessed a fraudulent U.S. Passport Card
in the name of Person 2, but with a photograph depicting MILLER, which was located in the luxury
apartment in Miami, Florida where she was residing.

40. Also on or about May 11, 2021, MILLER possessed a TD Bank card for the account
in the name of Person 2, which was also located in the luxury apartment in Miami, Florida where
MILLER was residing.

Impersonation of Person 3

41. Onor around February 11, 2021, TD Bank received an account application under the
name of Person 3, specifying various PII of Person 3. TD Bank opened an account in the name of
Person 3.

42. Onor about February 8, 2021, the SBA received an EIDL application in the name of

Person 3, which specified account information for the TD Bank account in the name of Person 3.
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 8 of 14

43. Onor about February 16, 2021, the SBA deposited approximately $149,900 into the
TD Bank account in the name of Person 3.

44. On or about May 11, 2021, MILLER possessed a fraudulent Texas driver’s license
in the name of Person 3, but with a photograph depicting MILLER, which was located in the luxury
apartment in Miami, Florida where she was residing.

45. Also on or about May 11, 2021, MILLER possessed a TD Bank card for the account
in the name of Person 3, which was also located in the luxury apartment in Miami, Florida where
MILLER was residing.

Impersonation of Person 4

46. Onor around April 1, 2021, TD Bank received a business account application under
the name of a supposed consulting company. The application listed Person 4 as the consulting
company’s authorized representative, specifying various PII of Person 4. TD Bank opened an
account in the name of the consulting company.

47. Onor about April 7, 2021, the SBA received an EIDL application in the name of the
consulting company, which specified account information for the TD Bank account in the name
of the consulting company.

48. Onor about April 27, 2021, the SBA deposited approximately $499,900 into the TD
Bank account in the name of the consulting company.

49. On or about May 11, 2021, MILLER possessed a fraudulent Texas driver’s license
in the name of Person 4, but with a photograph depicting MILLER, which was located in the luxury

apartment in Miami, Florida where she was residing.
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 9 of 14

50. Also on or about May 11, 2021, MILLER possessed a TD Bank card for the account
in the name of Person 4 as well as a TD Bank card in the name of “[Person 4] Consulting,” which
was also located in the luxury apartment in Miami, Florida where MILLER was residing.

Impersonation of Person 5

51. On or about July 16, 2020, Chime Financial received an account application under
the name of Person 5, specifying various PII of Person 5. Chime Financial opened an account in
the name of Person 5.

52. On or about July 17, 2020, the SBA received an EIDL application in the name of
Person 5, which specified account information for the Chime Financial account in the name of
Person 5.

53. On or about July 21, 2020, the SBA deposited approximately $124,900 into the
Chime Financial account in the name of Person 5. |

54. Between August 26, 2020 and September 15, 2020, the State of Arizona deposited
approximately $6,200 in benefit payments in the name of Person 5 into the TD Bank account in
the name of Person 2.

55. On or about May 11, 2021, MILLER possessed an iPhone XS Max, which was
located in the luxury apartment in Miami, Florida where MILLER was residing. The iPhone
contained numerous email communications between Chime Financial and an email address in the
name of Person 5, including communications in which the individual purporting to be Person 5
stated her money was being held hostage and that she was “extremely angry and in tears” over her
money. There were attachments to the email that included a fraudulent North Carolina driver’s

license in the name of Person 5, but with a photograph depicting MILLER.
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 10 of 14

The Grand Jury charges:
56.
Indictment.

57.

COUNTS ONE THROUGH THREE

Wire Fraud
(18 U.S.C. § 1343)

The Grand Jury re-alleges and incorporates by reference paragraphs 1-55 of this

On or about the dates set forth below, in the District of Massachusetts and elsewhere,

the defendant,

DANIELLE MILLER,

having devised and intending to devise a scheme and artifice to defraud, and for obtaining money

and property by means of materially false and fraudulent pretenses, representations, and promises,

did transmit and cause to be transmitted by means of wire communications in interstate and foreign

commerce, writings, signs, signals, pictures, and sounds for the purpose of executing the scheme

to defraud, as set forth below:

Count | Approximate Date Description
| August 1, 2020 Online access of the myRMV account in the name of Person
1 via IP address in Florida
2 October 19,2020 | PUA claim electronically submitted in the name of Person |
to the DUA via servers in Colorado
3 November 12, 2020 | Zipcar reservation in the name of Person 2, processed via
Zipcar servers in Massachusetts

All in violation of Title 18, United State Code, Section 1343.

10
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 11 of 14

COUNTS FOUR AND FIVE
Aggravated Identity Theft

(18 U.S.C. § 1028A(a)(1))

The Grand Jury further charges:

58. The Grand Jury re-alleges and incorporates by reference paragraphs 1-55 of this
Indictment.

59. Onor about the dates set forth below, in the District of Massachusetts and elsewhere,
the defendant,

DANIELLE MILLER,

did knowingly transfer, possess, and use, without lawful authority, a means of identification of
another person during and in relation to a felony violation enumerated in 18 U.S.C. § 1028A(c),

that is, wire fraud, in violation of Title 18, United States Code, Section 1343, as follows:

Count | Approximate Date Identity Used Felony Violation as Charged In
4 August 1, 2020 Person | Count 1
5 November 12, 2020 Person 2 Count 3

All in violation of Title 18, United States Code, Section 1028A(a)(1).

11
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 12 of 14

FORFEITURE ALLEGATION
(18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c))

The Grand Jury further finds:
60. Uponconviction of one or more of the offenses in violation of Title 18, United States
Code, Section 1343, set forth in Counts One through Three, the defendant,
DANIELLE MILLER,

shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C),
and Title 28, United States Code, Section 2461(c), any property, real or personal, which
constitutes or is derived from proceeds traceable to the offenses. The property to be forfeited
includes, but is not limited to, the following assets:

a. Approximately $467,977.74 seized from TD Bank accounts on or about June 9,
2021;

b. Approximately $104,535.79 seized from Chime Financial/Stride Bank accounts
on or about June 3, 2021;

c. Approximately $4,441 seized from residence in Miami, FL, on or about May
11, 2021;

d. Approximately $27,615.85 in Money Orders seized from residence in Miami,
FL on or about May 11, 2021; and

e. an Order of Forfeiture (Money Judgment) equal to the amount of proceeds the
defendant obtained, directly or indirectly, as a result of the offenses.

GO

61. Ifany of the property described in Paragraph 8, above, as being forfeitable pursuant
to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section
2461(c), 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

12
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 13 of 14

e. has been commingled with other property which cannot be divided without
difficulty;

it is the intention of the United States, pursuant to Title 28, United States Code, Section 2461(c),
incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of any other property
of the defendant up to the value of the property described in Paragraph Rove.

All pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United

States Code, Section 2461(c).

13
Case 1:21-cr-10228-FDS Document9 Filed 07/27/21 Page 14 of 14

A TRUE BILL

FOREPERSON

WILLIAM F. ABELY
ASSISTANT UNITED STATES ATTORNEY
DISTRICT OF MASSACHUSETTS

District of Massachusetts: JULY 27 , 2021
Returned into the District Court by the Grand Jurors and filed.

Thomas F. Quinn 7/27/21 @ 3:40pm
DEPUTY CLERK

14


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