Indictment — United States v. Fontrell Antonio Baines, Central District of California (Document 11)
Summary
A grand jury Indictment filed October 27, 2020 as Document 11 in United States v. Fontrell Antonio Baines, No. 2:20-cr-00522-MWF, in the U.S. District Court for the Central District of California. It alleges that the defendant and co-schemers filed unemployment insurance applications with California's Employment Development Department in other persons' names, listing the claimants as self-employed barbers to trigger Pandemic Unemployment Assistance under the CARES Act. The indictment states the scheme caused at least approximately 92 fraudulent applications, with attempted losses of approximately $1,256,108 and actual losses of at least approximately $704,760. It charges mail fraud under 18 U.S.C. § 1341, access device fraud under 18 U.S.C. § 1029(a)(2), aggravated identity theft and interstate transportation of stolen property under 18 U.S.C. § 2314.
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“Indictment — United States v. Fontrell Antonio Baines, Central District of California (Document 11).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-2-20-cr-00522-dkt-11-c-d-cal-2cb0632c16/
, SHA-256 f8bb17a845cc1628935232b23dc81f9f70a3a72e43e45fc8b1eeec16cf41b467.Full text
Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 1 of 10 Page ID #:53
FILED
CLERK, U.S. DISTRICT COURT
10/27/2020
CENTRAL DISTRICT OF CALIFORNIA
1 DM
BY: ___________________ DEPUTY
2
3
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8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 October 2020 Grand Jury
11 UNITED STATES OF AMERICA, CR 2:20-cr-00522-MWF
12 Plaintiff, I N D I C T M E N T
13 v. [18 U.S.C. § 1341: Mail Fraud;
18 U.S.C. § 1029(a)(2): Use of
14 FONTRELL ANTONIO BAINES, Unauthorized Access Devices;
aka “Nuke Bizzle,” 18 U.S.C. § 1028A(a)(1):
15 Aggravated Identity Theft;
Defendant. 18 U.S.C. § 2314: Interstate
16 Transportation of Stolen Property]
17
18 The Grand Jury charges:
19 COUNTS ONE THROUGH THREE
20 [18 U.S.C. §§ 1341, 2]
21 A. INTRODUCTORY ALLEGATIONS
22 At times relevant to this Indictment:
23 1. California’s Employment Development Department (“EDD”) was
24 the administrator of the unemployment insurance (“UI”) benefits
25 program for the State of California.
26 2. On March 13, 2020, the President of the United States
27 declared COVID-19 an emergency under the Robert T. Stafford Disaster
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 2 of 10 Page ID #:54
1 Relief and Emergency Assistance Act. As a result, Congress passed
2 the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”),
3 which the President signed into law on March 27, 2020. The CARES Act
4 provided over $2 trillion in economic relief protections to the
5 American people from the public health and economic impacts of COVID-
6 19.
7 3. Prior to the enactment of the CARES Act, to be eligible for
8 UI benefits administered by EDD, a person had to have been employed
9 and worked in California and received at least a certain amount of
10 wages from an employer in the 18 months preceding his/her UI benefits
11 claim. Because of this requirement, self-employed workers,
12 independent contractors, and employees with insufficient earnings
13 were not eligible to receive regular UI benefits.
14 4. The CARES Act established a new program — Pandemic
15 Unemployment Assistance (“PUA”) — to provide UI benefits during the
16 COVID-19 pandemic to people who did not qualify for regular UI
17 benefits, including business owners, self-employed workers,
18 independent contractors, and those with a limited work history, who
19 were out of business or had significantly reduced their services as a
20 direct result of the pandemic. UI benefits provided under the PUA
21 program were sometimes referred to as PUA benefits.
22 5. Under the PUA provisions of the CARES Act, a person who was
23 a business owner, self-employed worker, independent contractor, or
24 gig worker could qualify for PUA benefits administered by EDD if
25 he/she previously performed such work in California and was
26 unemployed, partially unemployed, unable to work, or unavailable to
27 work due to a COVID-19-related reason.
28
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 3 of 10 Page ID #:55
1 6. Persons applying for PUA benefits did not need to submit
2 any supporting documents to EDD with their applications. Claimants
3 reported their total income for the 2019 calendar year on the
4 application. The stated income was used to calculate the benefits to
5 be paid, which were at least $167 per week.
6 7. A PUA benefits claimant was required to answer various
7 questions on his/her application to establish his/her eligibility for
8 the benefits. The claimant was required to provide his/her name,
9 Social Security Number, and mailing address. The claimant was also
10 required to identify a qualifying occupational status and COVID-19
11 related reason for being out of work.
12 8. After it accepted an application for UI benefits, including
13 an application submitted pursuant to the PUA program, EDD typically
14 deposited UI funds every two weeks to an Electronic Bill Payment
15 (“EBP”) debit card administered by Bank of America (“BofA”), which
16 the claimant could use to pay for his/her expenses. The EBP debit
17 card was mailed via the United States Postal Service from BofA to the
18 claimant at the address the claimant provided as his/her mailing
19 address on his/her UI benefits application.
20 B. THE SCHEME TO DEFRAUD
21 9. Beginning no later than July 2020 and continuing through at
22 least September 2020, in Los Angeles County, within the Central
23 District of California, and elsewhere, defendant FONTRELL ANTONIO
24 BAINES, also known as “Nuke Bizzle,” together with others known and
25 unknown to the Grand Jury, knowingly and with the intent to defraud,
26 devised, participated in, and executed a scheme to defraud EDD and
27 the United States Treasury as to material matters, and to obtain
28 money and property from EDD and the United States Treasury, namely,
3
Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 4 of 10 Page ID #:56
1 UI benefits, including PUA benefits, by means of material false and
2 fraudulent pretenses, representations, and promises, and the
3 concealment of material facts.
4 10. The fraudulent scheme operated, in substance, as follows:
5 a. Defendant BAINES and his co-schemers filed and caused
6 to be filed with EDD fraudulent applications for UI benefits in the
7 names of other persons, including persons who had not authorized
8 defendant BAINES and his co-schemers to file such applications on
9 their behalf or use their names and other identifying information on
10 such applications.
11 b. Defendant BAINES and his co-schemers falsely stated
12 and represented, and caused to be falsely stated and represented, on
13 the UI benefits applications that were filed with EDD that the named
14 claimants were self-employed barbers whose employment had been
15 negatively affected by the COVID-19 pandemic, thereby triggering
16 eligibility for UI benefits under the PUA provision of the CARES Act.
17 c. Defendant BAINES and his co-schemers falsely stated
18 and represented, and caused to be falsely stated and represented, on
19 the UI benefits applications that were filed with EDD that the named
20 claimants resided and worked in the State of California, including in
21 Los Angeles County, within the Central District of California.
22 d. By falsely stating that the named claimants had worked
23 in the State of California, defendant BAINES and his co-schemers
24 falsely represented and caused to be falsely represented that the
25 named claimants were eligible for UI benefits administered by EDD
26 when, as defendant BAINES then knew, they were not eligible for such
27 benefits.
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 5 of 10 Page ID #:57
1 e. As a result of the fraudulent UI benefits applications
2 that defendant BAINES and his co-schemers filed and caused to be
3 filed, EDD authorized BofA to issue EBP debit cards in the names of
4 the named claimants.
5 f. To ensure that they received the UI benefits that were
6 paid as a result of the fraudulent applications, defendant BAINES and
7 his co-schemers listed and caused to be listed on the applications
8 for the UI benefits addresses to which they had access as the mailing
9 addresses for each of the named claimants. Defendant BAINES knew
10 that, by doing so, defendant BAINES and his co-schemers would cause
11 BofA to mail the EBP debit cards issued to the named claimants to
12 these addresses, thereby enabling defendant BAINES and his co-
13 schemers to take possession of the EBP debit cards.
14 g. After defendant BAINES received the EPB debit cards
15 issued as a result of the fraudulent UI benefits applications that he
16 and his co-schemers submitted and caused to be submitted to EDD,
17 defendant BAINES used the debit cards and caused the debit cards to
18 be used to withdraw the UI benefits loaded onto the debit cards by
19 making cash withdrawals at Automated Teller Machines and at banking
20 centers, and using the debit cards to pay for purchases of goods and
21 services.
22 11. Through this scheme, defendant BAINES and his co-schemers
23 caused at least approximately 92 fraudulent applications for PUA
24 benefits to be filed with EDD resulting in attempted losses to EDD
25 and the United States Treasury of approximately $1,256,108 and actual
26 losses of at least approximately $704,760.
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 6 of 10 Page ID #:58
1 C. USE OF THE MAILS
2 12. On or about the dates set forth below, within the Central
3 District of California and elsewhere, defendant BAINES and his co-
4 schemers, aiding and abetting each other, for the purpose of
5 executing and attempting to execute the above-described scheme to
6 defraud, willfully caused the following items to be placed in an
7 authorized depository for mail matter to be sent and delivered by the
8 United States Postal Service, according to the directions thereon:
9
10 COUNT DATE ITEM MAILED
11 ONE 8/19/2020 EBP debit card for an account in the name of
R.H. ending in 2423 sent by U.S. Mail from
12 BofA to 1705 Carla Ridge, Beverly Hills,
California, 90210
13
TWO 8/19/2020 EBP debit card for an account in the name of
14 P.J. ending in 7062 sent by U.S. Mail from
BofA to 1705 Carla Ridge, Beverly Hills,
15
California, 90210
16 THREE 8/20/2020 EBP debit card for an account in the name of
R.P. ending in 1326 sent by U.S. Mail from
17 BofA to 1705 Carla Ridge, Beverly Hills,
18 California, 90210
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 7 of 10 Page ID #:59
1 COUNT FOUR
2 [18 U.S.C. § 1029(a)(2)]
3 13. The Grand Jury realleges paragraphs 1 through 8, 10 and 11
4 of this Indictment here.
5 14. Beginning on or about August 15, 2020, and continuing
6 through on or about September 20, 2020, in San Bernardino County,
7 within the Central District of California, and elsewhere, defendant
8 FONTRELL ANTONIO BAINES, also known as “Nuke Bizzle,” in transactions
9 affecting interstate and foreign commerce, knowingly and with intent
10 to defraud, used unauthorized access devices, as defined in Title 18,
11 United States Code, Sections 1029(e)(1) and (3), specifically, the
12 following debit card account numbers issued to the persons identified
13 below, which debit card account numbers were obtained with intent to
14 defraud, and by such conduct obtained things of value, their value
15 together totaling $1,000 or more:
16
17 UNAUTHORIZED ACCESS DEVICE ISSUED TO
18 Bank of America (“BofA”) account number R.H.
ending in 2423
19
BofA account number ending in 7062 P.J.
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BofA account number ending in 1326 R.P.
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BofA account number ending in 8906 M.M.
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BofA account number ending in 1779 J.J.
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BofA account number ending in 2696 L.A.
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 8 of 10 Page ID #:60
COUNTS FIVE AND SIX
1
[18 U.S.C. §§ 1028A(a)(1), 2(b)]
2
15. The Grand Jury realleges paragraphs 1 through 8, 10 and 11
3
of this Indictment here.
4
16. On or about the dates set forth below, in Los Angeles and
5
San Bernardino Counties, within the Central District of California,
6
and elsewhere, defendant FONTRELL ANTONIO BAINES, also known as “Nuke
7
Bizzle,” knowingly transferred, possessed and used, and willfully
8
caused to be transferred, possessed, and used, without lawful
9
authority, the means of identification set forth below that defendant
10
BAINES knew belonged to another person, during and in relation to a
11
felony violation, as charged in the counts of this Indictment
12
identified below:
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COUNT DATE MEANS OF IDENTIFICATION FELONY VIOLATION
15
FIVE 8/19/2020 Name and Social COUNT ONE
16 through Security Number of R.H.
9/20/2020
17
SIX 8/19/2020 BofA account numbers COUNT FOUR
18 through assigned to R.H. and
9/20/2020 M.M.
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 9 of 10 Page ID #:61
1 COUNT SEVEN
2 [18 U.S.C. § 2314]
3 17. The Grand Jury realleges paragraphs 1 through 8, 10 and 11
4 of this Indictment here.
5 18. On or about September 21, 2020, in Los Angeles and San
6 Bernardino Counties, within the Central District of California, and
7 elsewhere, defendant FONTRELL ANTONIO BAINES, also known as “Nuke
8 Bizzle,” together with others known and unknown to the Grand Jury,
9 transported, transmitted, and transferred in interstate commerce, and
10 willfully caused to be transported, transmitted, and transferred in
11 interstate commerce, more than $5,000, namely, approximately $60,940
12 in UI benefits that were preloaded onto EBP debit cards issued to
13 R.H., P.J., R.P, J.J., M.M., and L.A., bearing account numbers ending
14 in 2423, 7062, 1326, 1779, 8906, and 2696, respectively, that
15 defendant BAINES stole, converted and took by fraud from EDD and the
16 United States Treasury through the means described in paragraph 10,
17 above, knowing that the property had been unlawfully stolen,
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Case 2:20-cr-00522-MWF Document 11 Filed 10/27/20 Page 10 of 10 Page ID #:62
1 converted and taken by fraud with the intent to permanently deprive
2 EDD and the United States Treasury of the property.
3
A TRUE BILL
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5
/S/
6 Foreperson
7 NICOLA T. HANNA
United States Attorney
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10 BRANDON D. FOX
Assistant United States Attorney
11 Chief, Criminal Division
12
RANEE KATZENSTEIN
13 Assistant United States Attorney
Chief, Major Frauds Section
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