Indictment — United States v. Wendy Ann Thomas, Southern District of West Virginia (Document 1)

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An indictment in United States of America v. Wendy Ann Thomas, Case 2:24-cr-00172, in the U.S. District Court for the Southern District of West Virginia, filed October 29, 2024 as Document 1. Counts One Through Eighteen charge structuring under 31 U.S.C. § 5324(a) (3) through purchases of $1,000 money orders listed by serial number and date. Count Nineteen charges theft of public funds under 18 U.S.C. § 641, alleging that $20,833 deposited into a checking account of Thomas on or about June 22, 2021 represented proceeds of a fraudulent Paycheck Protection Program loan issued for the benefit of another person. Count Twenty charges a monetary transaction under 18 U.S.C. § 1957 for a $17,000 cash withdrawal on or about June 23, 2021. The forfeiture notice seeks a money judgment of at least $38,833.00.

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Case 2:24-cr-00172 Document1 _ Filed 10/29/24 Page1of 7 PagelD #: 1

FILED

UNITED STATES DISTRICT COURT OCT 2 9 2024
SOUTHERN DISTRICT OF WEST VIRGINIA
OCTOBER 29, 2024 SESSION Souther Disirict of West Virginia

UNITED STATES OF AMERICA

v. CRIMINAL No. 2° 2u/— Cr-col(72
31 U.S.C. § 5324 (a) (3)
18 U.S.C. § 641
18 U.S.C. § 1957
18 U.S.C. § 2

WENDY ANN THOMAS

INDICTMENT

The Grand Jury Charges:

COUNTS ONE THROUGH EIGHTEEN

On or about the dates listed below, at or near Charleston,
Kanawha County, West Virginia, within the Southern District of
West Virginia, defendant WENDY ANN THOMAS and other persons both
known and unknown to the Grand Jury, aided and abetted by one
another, structured and assisted in structuring transactions with
one or more domestic financial institutions, that is, an issuer,
redeemer, and cashier of travelers' checks, checks, money orders,
and similar instruments, for the purpose of evading the reporting
requirements of 31 U.S.C. § 5313(a) and 31 U.S.C. § 5325 and any
regulation prescribed under any such section, the reporting and

recordkeeping requirements imposed by any order issued under 31
Case 2:24-cr-00172 Document1 = Filed 10/29/24 Page 2 of 7 PagelD #: 2

U.S.C. § 5326 and the recordkeeping requirements imposed by any
regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508, that is, the
purchase of the following money orders, each transaction

constituting a separate count:

Date of
Count Money Order Serial Number Amount Purchase
1 19-189688998 $1,000 01/02/2021
2 19-189688999 $1,000 01/02/2021
3 19-189689000 $1,000 01/02/2021
4 19-189689001 $1,000 01/02/2021
5 19-189689002 $1,000 01/02/2021
6 19-189689003 $1,000 01/02/2021
7 19-189689048 $1,000 01/04/2021
8 19-186989049 $1,000 01/04/2021
9 19-189689050 $1,000 01/04/2021
10 19-189689051 $1,000 01/04/2021
11 19-189689052 $1,000 01/04/2021
12 19-189689053 $1,000 01/04/2021
13 19-220971380 $1,000 01/29/2021
14 19-220971381 $1,000 01/29/2021
15 19-220971382 $1,000 01/29/2021
16 19-220971383 $1,000 01/29/2021
17 19-270889340 $1,000 06/02/2021
18 19-270889341 $1,000 06/02/2021

In violation of Title 31, United States Code, Section

5324(a) (3) and Title 18, United States Code, Section 2.
Case 2:24-cr-00172 Document1 Filed 10/29/24 Page 3 of 7 PagelD #: 3

COUNT NINETEEN

On or about June 22, 2021, at or near Charleston, Kanawha
County, West Virginia, within the Southern District of West
Virginia, defendant WENDY ANN THOMAS aided and abetted another
person unknown to the Grand Jury, who embezzled, stole, purloined,
and knowingly converted to her use and the use of another, and
without authority, sold, conveyed and disposed of any record,
voucher, money, and thing of value of the United States or of any
department or agency thereof, and any property made or being made
under contract for the United States or any department or agency
thereof, that is, $20,833 in United States currency deposited into
a checking account held by defendant WENDY ANN THOMAS and
representing the proceeds of a fraudulent Paycheck Protection
Program loan backed by the United States Small Business
Administration and issued for the benefit of J.L.M.

In violation of Title 18, United State Code, Sections 641 and
Case 2:24-cr-00172 Document1 Filed 10/29/24 Page 4 of 7 PagelD #: 4

COUNT TWENTY

On or about June 23, 2021, at or near Charleston, Kanawha
County, West Virginia, within the Southern District of West
Virginia, defendant WENDY ANN THOMAS and other persons both known
and unknown to the Grand Jury, aided and abetted by one another,
knowingly engaged and attempted to engage in a monetary transaction
by, through, and to a financial institution, affecting interstate
or foreign commerce, in criminally derived property of a value
greater than $10,000, that is, a cash withdrawal of $17,000 in
United States currency from a bank account held by defendant WENDY
ANN THOMAS, and which in fact was derived from a specified unlawful
activity, that is, the theft of public funds from a fraudulent
Paycheck Protection Plan loan backed by the United States Small
Business Administration in violation of 18 U.S.C. § 641.

In violation of Title 18, United States Code, Sections 1957

and 2.
Case 2:24-cr-00172 Document1 Filed 10/29/24 Page5of7 PagelD#: 5

NOTICE OF FORFEITURE

The allegations contained in this Indictment are hereby
realleged and incorporated by reference for the purpose of alleging
forfeitures pursuant to 18 U.S.C. § 981(a)(1)(C), 18 U.S.C. §
982(a) (1), 28 U.S.C. 2461, 31 U.S.C. § 5317(c) (1) and Rule 32.2 of
the Federal Rules of Criminal Procedure.

Upon conviction of an offense in violation of 31 U.S.C. §
5324(a) (3) and 18 U.S.C. § 2 of this indictment, the defendant
WENDY ANN THOMAS shall forfeit to the United States of America,
pursuant to 31 U.S.C. § 5317(c) (1) and Rule 32.2 of the Federal
Rules of Criminal Procedure, any property, real or personal, which
constitutes or is derived from proceeds traceable to the
offense(s).

Pursuant to 18 U.S.C. § 981(a) (1) (C), 28 U.S.C. § 2461 and
Rule 32.2 of the Rules of Criminal Procedure, upon a conviction of
an offense in violation of 18 U.S.C. §§ 641 and 2, the defendant
WENDY ANN THOMAS shall forfeit to the United States of America any
property, real or personal, involved in such offense, and any
property traceable to touch property.

Pursuant to 18 U.S.C. §§ 981(a) (1) and 982(a) (1), 28 U.S.C.
§ 2461 and Rule 32.2 of the Rules of Criminal Procedure, upon
conviction of an offense in violation of 18 U.S.C. § 1957 and 2,

the defendant, WENDY ANN THOMAS shall forfeit to the United States
Case 2:24-cr-00172 Document1 Filed 10/29/24 Page 6 of 7 PagelD #: 6

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, for which the United States will seek a money
judgment in the amount of at least $38,833.00 in United States
currency.

If any of the property described above, as a result of any

act or omission of the defendant[s]:

a. cannot be located upon the exercise of due
diligence;
b. has been transferred or sold to, or deposited with,

a third party;

om 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 28 U.S.C. § 246l(c).
Case 2:24-cr-00172 Document1 Filed 10/29/24 Page 7 of 7 PagelD #: 7

All pursuant to 18 U.S.C. § 981(a)(1)(C), 19 U.S.C. §

982(a) (1), 21 U.S.C. § 853, 28 U.S.C. 2461, 31 U.S.C. § 5317(c) (1).

WILLIAM S. THOMPSON
United States Attor

By:

JONATHAN T. STORAGE
ssistant United Stat¢gs Attorney


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