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Indictment — United States v. Reginald Foster, Jr., et al., Central District of California (Document 1)

Summary

A grand jury indictment against Reginald Foster, Jr., Shelece Counts and Isaiah Herbert Lawrence, CR No. 2:24-CR-00367-MCS, in the U.S. District Court for the Central District of California, filed June 18, 2024 as Document 1. It charges conspiracy to commit mail fraud and bank fraud under 18 U.S.C. § 1349, mail fraud under 18 U.S.C. § 1341, bank fraud under 18 U.S.C. § 1344(2), use of unauthorized access devices under 18 U.S.C. § 1029(a)(2) and aggravated identity theft under 18 U.S.C. § 1028A(a)(1). The indictment alleges that from in or around June 2020 to at least October 2020 the defendants filed fraudulent pandemic unemployment applications with the California Employment Development Department and withdrew benefits through EDD debit cards at ATMs and transfers to a Champs Up, LLC account. Its overt acts include transfers of $5,000 and $3,000 to that account.

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Cite this document

“Indictment — United States v. Reginald Foster, Jr., et al., Central District of California (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-2-24-cr-00367-dkt-1-c-d-cal-89e46aef94/, SHA-256 49309ce1421e3c0534ca3d4311f47deef06621f49a31a7eb84b9be66dad6c696.

Full text

      Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 1 of 29 Page ID #:1



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 4                                                         JUN 18 2024

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 8                           UNITED STATES DISTRICT COURT

 9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

10                             January 2024 Grand Jury

11   UNITED STATES OF AMERICA,               CR No. 2:24-CR-00367-MCS

12             Plaintiff,                    I N D I C T M E N T

13             v.                            [18 U.S.C. § 1349: Conspiracy to
                                             Commit Mail Fraud and Bank Fraud;
14   REGINALD FOSTER, JR.,                   18 U.S.C. § 1341: Mail Fraud; 18
       aka “Reginald Foster II,”             U.S.C. § 1344(2): Bank Fraud; 18
15   SHELECE COUNTS, and                     U.S.C. § 1029(a)(2): Use of
     ISAIAH HERBERT LAWRENCE,                Unauthorized Access Devices; 18
16                                           U.S.C. § 1028A(a)(1): Aggravated
               Defendants.                   Identity Theft; 18 U.S.C. §§ 982
17                                           and 1029: Criminal Forfeiture]
18

19        The Grand Jury charges:
20                                     COUNT ONE
21                                [18 U.S.C. § 1349]
22                                 [ALL DEFENDANTS]
23        INTRODUCTORY ALLEGATIONS
24        At times relevant to this Indictment:
25        1.    The California Employment Development Department (“EDD”)
26   administered the unemployment insurance (“UI”) benefits program for
27   the State of California.
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 1        2.   On March 13, 2020, the President of the United States

 2   declared COVID-19 an emergency under the Robert T. Stafford Disaster

 3   Relief and Emergency Assistance Act.       As a result, Congress passed

 4   the Coronavirus Aid, Relief, and Economic Security Act (“CARES

 5   Act”), which the President signed into law on March 27, 2020.           The

 6   CARES Act provided over $2 trillion in economic relief protections

 7   to the American people from the public health and economic impacts

 8   of COVID-19.

 9        3.   Prior to the enactment of the CARES Act, to be eligible for

10   UI benefits administered by EDD, a person had to have been employed

11   and worked in California and received at least a certain amount of

12   wages from an employer in the 18 months preceding his/her UI

13   benefits claim.    Because of this requirement, self-employed workers,

14   independent contractors, and employees with insufficient earnings

15   were not eligible to receive regular UI benefits.

16        4.   The CARES Act established a new program — Pandemic

17   Unemployment Assistance (“PUA”) — to provide UI benefits during the

18   COVID-19 pandemic to people who did not qualify for regular UI

19   benefits, including business owners, self-employed workers,

20   independent contractors, and those with a limited work history, who

21   were out of business or had significantly reduced their services as

22   a direct result of the pandemic.      UI benefits provided under the PUA

23   program were sometimes referred to as PUA benefits.

24        5.   Under the PUA provisions of the CARES Act, a person who was

25   a business owner, self-employed worker, independent contractor, or

26   gig worker could qualify for PUA benefits administered by EDD if

27   he/she previously performed such work in California and was

28
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      Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 3 of 29 Page ID #:3



 1   unemployed, partially unemployed, unable to work, or unavailable to

 2   work due to a COVID-19-related reason.

 3         6.   Persons applying for PUA benefits did not need to submit

 4   any supporting documents to EDD with their applications.            Claimants

 5   reported their total income for the 2019 calendar year on the

 6   application.    The stated income was used to calculate the benefits

 7   to be paid, which were at least $167 per week.

 8         7.   A PUA benefits claimant was required to answer various

 9   questions on his/her application to establish his/her eligibility

10   for the benefits.     The claimant was required to provide his/her

11   name, Social Security Number, and mailing address.           The claimant was

12   also required to identify a qualifying occupational status and

13   COVID-19 related reason for being out of work.

14        8.    After it approved an application for UI benefits, including

15   an application submitted pursuant to the PUA program, EDD would

16   create a debit account (“EDD debit account”) with Bank of America, NA

17   (“Bank of America”).     An Electronic Bill Payment (“EBP”) debit card

18   linked to the EDD debit account would then be mailed via the United

19   States Postal Service from Bank of America to the claimant at the

20   address the claimant provided as his/her mailing address on his/her

21   UI benefits application.

22        9.    EDD would deposit UI benefits, including pandemic benefits,

23   to the EDD debit account. The debit card could then be used to

24   withdraw the benefits from the EDD debit account in cash, using

25   automated teller machines (“ATMs”), including ATMs that Bank of

26   America, Wells Fargo Bank, NA (“Wells Fargo”), Chase Bank, Bank of

27   the West, and HomeStreet Bank, operated, and to pay for purchases.

28
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 1        10.   Bank of America, Wells Fargo, Chase Bank, Bank of the West,

 2   and HomeStreet Bank were financial institutions that were each

 3   insured by the Federal Deposit Insurance Corporation.

 4        11.   Defendants REGINALD FOSTER, JR., also known as “Reginald

 5   Foster II,” SHELECE COUNTS, and ISAIAH HERBERT LAWRENCE were

 6   residents of Los Angeles County, California.

 7        12.   Defendant FOSTER maintained and was the sole signatory for

 8   Chase Bank account X7539 (the “Champs Up Bank Account”), held in Long

 9   Beach, California, in the name of Champs Up, LLC, an entity for which

10   defendant FOSTER identified himself as the Chief Executive Officer.

11        THE OBJECTS OF THE CONSPIRACY
12         13. Beginning no later than in or around June 2020 and
13   continuing until at least in or around October 2020, in Los Angeles
14   and Riverside Counties, within the Central District of California,
15   and elsewhere, defendants FOSTER, COUNTS, and LAWRENCE conspired
16   with one another and with others known and unknown to the Grand Jury
17   to commit offenses against the United States, namely: (a) mail
18   fraud, in violation of Title 18, United States Code, Section 1341;
19   and (b) bank fraud, in violation of Title 18, United States Code,
20   Section 1344(2).
21        MANNER AND MEANS OF THE CONSPIRACY
22         14. The objects of the conspiracy were carried out, and were to
23   be carried out, in substance, as follows:
24              a.   Defendant FOSTER and other coconspirators would
25   acquire the names, dates of birth, social security numbers, and other
26   personal identifying information (“PII”) of individuals, including
27   identity theft victims, who were not eligible for UI benefits
28   administered by EDD, including pandemic benefits, because they were

                                            4
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 1   employed, retired, had never worked in California, or had applied for

 2   benefits in a different state.

 3              b.         Defendant FOSTER and other coconspirators would use

 4   the PII to submit fraudulent online applications to EDD for UI

 5   benefits, including pandemic benefits (the “fraudulent EDD

 6   applications”).

 7              c.         In order to cause EDD to approve the fraudulent EDD

 8   applications, defendant FOSTER and other coconspirators would provide

 9   materially false information to EDD on the fraudulent EDD

10   applications, including that the named applicants had been employed

11   in California and had become unemployed as a direct result of the

12   COVID-19 pandemic.

13              d.         In order to gain control of the UI benefits that the

14   fraudulent EDD applications were intended to generate, defendant

15   FOSTER and other conspirators would include as the mailing address on

16   the fraudulent EDD applications addresses to which they had access.

17              e.         By submitting the fraudulent EDD applications,

18   defendant FOSTER and the other coconspirators would cause EDD to:

19                    i.        Authorize UI benefits, including pandemic

20   benefits, to be provided via EDD debit accounts established at Bank

21   of America to individuals, including identity-theft victims, who were

22   ineligible for pandemic benefits administered by EDD because, among

23   other reasons, they were employed, retired, had never been employed

24   in California or had applied for benefits in other states; and

25                   ii.        Cause EBP debit cards, that is, debit cards

26   linked to the EDD debit accounts at Bank of America, to be mailed to

27   the mailing addresses to which defendant FOSTER and other

28   coconspirators had access.
                                              5
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 1              f.     After EDD approved the fraudulent EDD applications and

 2   disbursed the UI funds, including pandemic benefits, to the EDD debit

 3   accounts, and Bank of America issued the EDD debit cards linked to

 4   those accounts, defendants FOSTER and COUNTS would call Bank of

 5   America to activate the EBP debit cards.

 6              g.     Thereafter, defendants FOSTER, COUNTS, and LAWRENCE,

 7   and their coconspirators, would fraudulently assume the identities of

 8   the EDD debit account holders and use the corresponding EBP debit

 9   cards to make fraudulent cash withdrawals of the benefits, knowing

10   that they were not entitled to the withdrawals.         The withdrawals were

11   made by (i) obtaining cash from ATMs, including ATMs that Bank of

12   America, Wells Fargo, Chase Bank and Homestreet operated, in Los

13   Angeles and Riverside Counties and elsewhere; and (ii) electronic

14   transfers, both directly and through Cash App, to the Champs Up Bank

15   Account.

16        OVERT ACTS
17         15. On or about the dates set forth below, in furtherance of
18   the conspiracy, and to accomplish its objects, defendants FOSTER,
19   COUNTS, and LAWRENCE, and others known and unknown to the Grand
20   Jury, committed and willfully caused others to commit the following
21   overt acts, among others, within the Central District of California,
22   and elsewhere:
23                            Identity-Theft Victim U.W.
24        Overt Act No. 1:       On July 15, 2020, defendant FOSTER
25   electronically filed an application for pandemic assistance benefits
26   in the name of victim U.W., which was approved.
27

28

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 1          Overt Act No. 2:      On July 27, 2020, defendant FOSTER contacted

 2   Bank of America to activate the EBP debit card linked to the EDD

 3   debit account established to dispense UI benefits to victim U.W.

 4          Overt Act No. 3:      On July 29, 2020, defendant FOSTER used the

 5   EBP debit card issued in the name of U.W. to transfer $5,000 to the
 6   Champs Up Bank Account.
 7          Overt Act No. 4:      On August 14, 2020, defendant LAWRENCE used
 8   the EBP debit card issued in the name of U.W. at Bank of America in
 9   Northridge, California, to make two ATM withdrawals – for $200 and
10   then for $800 – in rapid succession.
11          Overt Act No. 5:      On August 17, 2020, defendant LAWRENCE used
12   the EBP debit card issued in the name of U.W. at Bank of America in
13   Northridge, California, to make two ATM withdrawals – for $200 and
14   then for $800 – in rapid succession.
15          Overt Act No. 6:      On August 18, 2020, defendant LAWRENCE used
16   the EBP debit card issued in the name of U.W. at a Bank of America
17   ATM in Chatsworth, California, to withdraw $400.
18                             Identity-Theft Victim T.K.
19          Overt Act No. 7:      On July 21, 2020, defendant FOSTER
20   electronically filed an application for pandemic assistance benefits
21   in the name of victim T.K., which was approved.
22          Overt Act No. 8:      On August 1, 2020, defendant FOSTER
23   contacted Bank of America to activate the EBP debit card linked to
24   the EDD debit account established to dispense UI benefits to victim
25   T.K.
26          Overt Act No. 9:      On August 3, 2020, defendant FOSTER used the
27   EBP debit card issued in the name of T.K. to transfer $3,000 to the
28   Champs Up Bank Account.
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 1          Overt Act No. 10:    On August 4, 2020, defendant LAWRENCE used

 2   the EBP debit card issued in the name of T.K. at Bank of America in

 3   Chatsworth, California, to make two ATM withdrawals in rapid

 4   succession, each for $500.

 5          Overt Act No. 11:    On August 11, 2020, defendant LAWRENCE used

 6   the EBP debit card issued in the name of T.K. at Bank of America in
 7   Northridge, California, to make two ATM withdrawals – for $100 and
 8   then for $800 – in rapid succession.
 9                           Identity-Theft Victim T.M.
10          Overt Act No. 12:    On July 25, 2020, defendant FOSTER
11   electronically filed an application for pandemic assistance benefits
12   in the name of victim T.M., which was approved.
13          Overt Act No. 13:    On August 13, 2020, defendant FOSTER
14   contacted Bank of America to activate the EBP debit card linked to
15   the EDD debit account established to dispense UI benefits to victim
16   T.M.
17          Overt Act No. 14:    On August 13, 2020, defendant FOSTER used
18   the EBP debit card issued in the name of T.M. to transfer $5,000 to
19   the Champs Up Bank Account.
20          Overt Act No. 15:    On August 14, 2020, defendant FOSTER used
21   the EBP debit card issued in the name of T.M. at a Bank of America
22   ATM in Long Beach, California, to withdraw $1,000.
23          Overt Act No. 16:    On August 15, 2020, defendant FOSTER used
24   the EBP debit card issued in the name of T.M. at a Bank of America
25   ATM in Long Beach, California, to withdraw $1,000.
26          Overt Act No. 17:    On August 21, 2020, defendant LAWRENCE used
27   the EBP debit card issued in the name of T.M. at Bank of America in
28
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      Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 9 of 29 Page ID #:9



 1   Chatsworth, California, to make two ATM withdrawals – for $200 and

 2   then for $800 – in rapid succession.

 3         Overt Act No. 18:     On August 23, 2020, defendant LAWRENCE used

 4   the EBP debit card issued in the name of T.M. at Bank of America in
 5   Northridge, California, to make two ATM withdrawals – for $200 and
 6   then for $800 – in rapid succession.
 7         Overt Act No. 19:     On August 24, 2020, defendant LAWRENCE used
 8   the EBP debit card issued in the name of T.M. at Bank of America in
 9   Northridge, California, to make two ATM withdrawals – for $200 and
10   then for $800 – in rapid succession.
11         Overt Act No. 20:     On August 25, 2020, defendant LAWRENCE used
12   the EBP debit card issued in the name of T.M. at Bank of America in
13   Chatsworth, California, to make two ATM withdrawals – for $200 and
14   then for $800 – in rapid succession.
15         Overt Act No. 21:     On August 27, 2020, defendant LAWRENCE used
16   the EBP debit card issued in the name of T.M. at Bank of America in
17   Chatsworth, California, to make two ATM withdrawals – for $200 and
18   then for $800 – in rapid succession.
19         Overt Act No. 22:     On August 28, 2020, defendant LAWRENCE used
20   the EBP debit card issued in the name of T.M. at Bank of America in
21   Northridge, California, to make two ATM withdrawals - each for $500 -
22   in rapid succession.
23         Overt Act No. 23:     On September 2, 2020, defendant LAWRENCE
24   used the EBP debit card issued in the name of T.M. at a Bank of
25   America ATM in Chatsworth, California, to withdraw $800.
26   ///
27   ///
28   ///
                                            9
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 1                           Identity-Theft Victim G.T.

 2          Overt Act No. 24:    On July 24, 2020, defendant FOSTER

 3   electronically filed an application for pandemic assistance benefits
 4   in the name of victim G.T., which was approved.
 5          Overt Act No. 25:    On August 13, 2020, defendant FOSTER
 6   contacted Bank of America to activate the EBP debit card linked to
 7   the EDD debit account established to dispense UI benefits to victim
 8   G.T.
 9          Overt Act No. 26:    On August 13, 2020, defendant FOSTER used
10   the EBP debit card issued in the name of G.T. to transfer $5,000 to
11   the Champs Up Bank Account.
12          Overt Act No. 27:    On August 21, 2020, defendant COUNTS used
13   the EBP debit card ending issued in the name of G.T. at a Bank of
14   America ATM in Culver City, California, to withdraw $1,000.
15                           Identity-Theft Victim J.J.
16          Overt Act No. 28:    On July 26, 2020, defendant FOSTER
17   electronically filed an application for pandemic assistance benefits
18   in the name of victim J.J., which was approved.
19          Overt Act No. 29:    On August 11, 2020, defendant FOSTER
20   contacted Bank of America to activate the EBP debit card linked to
21   the EDD debit account established to dispense UI benefits to victim
22   J.J.
23          Overt Act No. 30:    On August 21, 2020, defendant COUNTS used
24   the EBP debit card issued in the name of J.J., at a Bank of America
25   ATM in Culver City, California, to withdraw $1,000.
26   ///
27   ///
28   ///
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 1                           Identity-Theft Victim J.A.

 2          Overt Act No. 31:    On July 31, 2020, defendant FOSTER

 3   electronically filed an application for pandemic assistance benefits
 4   in the name of victim J.A., which was approved.
 5          Overt Act No. 32:    On August 9, 2020, defendant FOSTER
 6   contacted Bank of America to activate the EBP debit card linked to
 7   the EDD debit account established to dispense UI benefits to victim
 8   J.J.
 9          Overt Act No. 33:    On August 9, 2020, defendant FOSTER used the
10   EBP debit card issued in the name of J.A. to transfer $5,000 to the
11   Champs Up Bank Account.
12          Overt Act No. 34:    On August 10, 2020, defendant FOSTER used
13   the EBP debit card issued in the name of J.A. at a Bank of America
14   ATM in Long Beach, California, to withdraw $1,000.
15          Overt Act No. 35:    On August 14, 2020, defendant FOSTER used
16   the EBP debit card issued in the name of J.A. at a Bank of America
17   ATM in Long Beach, California, to withdraw $1,000.
18          Overt Act No. 36:    On August 15, 2020, defendant FOSTER used
19   the EBP debit card issued in the name of J.A. at a Bank of America
20   ATM in Long Beach, California, to withdraw $1,000.
21          Overt Act No. 37:    On August 21, 2020, defendant LAWRENCE used
22   the EBP debit card issued in the name of J.A. at Bank of America in
23   Chatsworth, California, to make two ATM withdrawals – for $200 and
24   then for $800 – in rapid succession.
25          Overt Act No. 38:    On August 24, 2020, defendant LAWRENCE used
26   the EBP debit card issued in the name of J.A. at Bank of America in
27   Northridge, California, to make two ATM withdrawals – for $200 and
28   then for $800 – in rapid succession.
                                           11
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 1          Overt Act No. 39:    On August 28, 2020, defendant LAWRENCE used

 2   the EBP debit card issued in the name of J.A. at a Bank of America

 3   ATM in Chatsworth, California, to make two ATM withdrawals – each for

 4   $500 – in rapid succession.

 5          Overt Act No. 40:    On August 29, 2020, defendant LAWRENCE used

 6   the EBP debit card issued in the name of J.A. at a Bank of America
 7   ATM in Northridge, California, to withdraw $500.
 8                           Identity-Theft Victim J.D.
 9          Overt Act No. 41:    On August 4, 2020, defendant FOSTER
10   electronically filed an application for pandemic assistance benefits
11   in the name of victim J.D., which was approved.
12          Overt Act No. 42:    On August 15, 2020, defendant FOSTER
13   contacted Bank of America to activate the EBP debit card linked to
14   the EDD debit account established to dispense UI benefits to victim
15   J.D.
16          Overt Act No. 43:    On August 15, 2020, defendant FOSTER used
17   the EBP debit card issued in the name of J.D. to transfer $5,000 to
18   the Champs Up Bank Account.
19          Overt Act No. 44:    On August 17, 2020, defendant FOSTER used
20   the EBP debit card issued in the name of J.D. at a Bank of America
21   ATM in Long Beach, California, to withdraw $1,000.
22          Overt Act No. 45:    On August 18, 2020, defendant FOSTER used
23   the EBP debit card issued in the name of J.D. at a Bank of America
24   ATM in Long Beach, California, to withdraw $1,000.
25          Overt Act No. 46:    On August 19, 2020, defendant FOSTER used
26   the EBP debit card issued in the name of J.D. at a Bank of America
27   ATM in Long Beach, California, to withdraw $1,000.
28
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 1          Overt Act No. 47:    On August 20, 2020, defendant FOSTER used

 2   the EBP debit card issued in the name of J.D. at a Bank of America

 3   ATM in Long Beach, California, to withdraw $1,000.

 4          Overt Act No. 48:    On August 21, 2020, defendant LAWRENCE used

 5   the EBP debit card issued in the name of J.D. at a Bank of America
 6   ATM in Northridge, California, to withdraw $800.
 7          Overt Act No. 49:    On August 25, 2020, defendant LAWRENCE used
 8   the EBP debit card issued in the name of J.D. at a Bank of America
 9   ATM in Hollywood, California, to withdraw $800.
10          Overt Act No. 50:    On August 28, 2020, defendant LAWRENCE used
11   the EBP debit card issued in the name of J.D. at a Bank of America
12   ATM in Northridge, California, to withdraw $500.
13          Overt Act No. 51:    On August 29, 2020, defendant LAWRENCE used
14   the EBP debit card issued in the name of J.D. at a Bank of America
15   ATM in Chatsworth, California, to withdraw $500.
16                           Identity-Theft Victim H.G.
17          Overt Act No. 52:    On August 4, 2020, defendant FOSTER
18   electronically filed an application for pandemic assistance benefits
19   in the name of victim H.G., which was approved.
20          Overt Act No. 53:    On August 13, 2020, defendant FOSTER
21   contacted Bank of America to activate the EBP debit card linked to
22   the EDD debit account established to dispense UI benefits to victim
23   H.G.
24          Overt Act No. 54:    On August 13, 2020, defendant FOSTER used
25   the EBP debit card issued in the name of H.G. to transfer $5,000 to
26   the Champs Up Bank Account.
27

28
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 1          Overt Act No. 55:    On August 14, 2020, defendant FOSTER used

 2   the EBP debit card issued in the name of H.G. at a Bank of America

 3   ATM in Long Beach, California, to withdraw $1,000.

 4          Overt Act No. 56:    On August 17, 2020, defendant FOSTER used

 5   the EBP debit card issued in the name of H.G. at a Bank of America
 6   ATM in Long Beach, California, to withdraw $1,000.
 7          Overt Act No. 57:    On August 18, 2020, defendant FOSTER used
 8   the EBP debit card issued in the name of H.G. at a Bank of America
 9   ATM in Long Beach, California, to withdraw $1,000.
10          Overt Act No. 58:    On August 21, 2020, defendant LAWRENCE used
11   the EBP debit card issued in the name of H.G. at a Bank of America
12   ATM in Northridge, California, to withdraw $800.
13          Overt Act No. 59:    On August 29, 2020, defendant LAWRENCE used
14   the EBP debit card issued in the name of H.G. at a Bank of America
15   ATM in Northridge, California, to make two ATM withdrawals – each for
16   $500 – in rapid succession.
17                           Identity-Theft Victim M.W.
18          Overt Act No. 60:    On August 7, 2020, defendant FOSTER
19   electronically filed an application for pandemic assistance benefits
20   in the name of victim M.W., which was approved.
21          Overt Act No. 61:    On August 18, 2020, defendant FOSTER
22   contacted Bank of America to activate the EBP debit card linked to
23   the EDD debit account established to dispense UI benefits to victim
24   M.W.
25          Overt Act No. 62:    On August 18, 2020, defendant FOSTER used
26   the EBP debit card issued in the name of M.W. to transfer $5,000 to
27   the Champs Up Bank Account.
28
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 1        Overt Act No. 63:      On August 24, 2020, defendant COUNTS used

 2   the EBP debit card issued in the name of M.W. at a Bank of America

 3   ATM in Culver City, California, to withdraw $1,000.

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 1                              COUNTS TWO THROUGH TEN

 2                            [18 U.S.C. §§ 1341, 2(b)]

 3                                [DEFENDANT FOSTER]

 4         16.   The Grand Jury re-alleges paragraphs 1 through 12, 14 and
 5   15 of this Indictment here.
 6   A.    THE SCHEME TO DEFRAUD
 7         17.   Beginning on a date unknown to the Grand Jury, but no later
 8   than in or around June 2020, and continuing through at least
 9   September 2020, in Los Angeles County, within the Central District of
10   California, and elsewhere, defendant FOSTER, together with others
11   known and unknown to the Grand Jury, knowingly and with intent to
12   defraud, devised, participated in, and executed a scheme to defraud
13   EDD and the United States Treasury as to material matters, and to
14   obtain money and property from EDD and the United States Treasury,
15   namely, UI benefits, including PUA benefits, by means of material
16   false and fraudulent pretenses, representations, and promises, and
17   the concealment of material facts.
18         18.   The fraudulent scheme operated and was carried out, in
19   substance, as described in paragraphs 14 and 15 of this Indictment.
20   B.    USE OF THE MAILS
21         19.   On or about the dates set forth below, within the Central
22   District of California and elsewhere, defendant FOSTER, for the
23   purpose of executing the above-described scheme to defraud, willfully
24   caused the following items to be placed in an authorized depository
25   for mail matter to be sent and delivered by the United States Postal
26   Service, according to the directions thereon:
27   ///
28
                                           16
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 17 of 29 Page ID #:17



 1
       COUNT         DATE      ITEM MAILED
 2
     TWO          7/19/2020    EBP debit card for an account in the name of
 3                             U.W. ending in 9676 sent by U.S. Mail from
                               Bank of America to East 65th Street, Long
 4                             Beach, California.
 5   THREE        7/26/2020    EBP debit card for an account in the name of
                               T.K. ending in 7011 sent by U.S. Mail from
 6                             Bank of America to East 65th Street, Long
                               Beach, California.
 7
     FOUR         7/30/2020    EBP debit card for an account in the name of
 8                             T.M. ending in 0365 sent by U.S. Mail from
                               Bank of America to East 65th Street, Long
 9                             Beach, California.
10   FIVE         7/30/2020    EBP debit card for an account in the name of
                               G.T. ending in 4498 sent by U.S. Mail from
11                             Bank of America to East 65th Street, Long
12                             Beach, California.
     SIX          7/31/2020    EBP debit card for an account in the name of
13                             J.J. ending in 0680 sent by U.S. Mail from
                               Bank of America to East 65th Street, Long
14
                               Beach, California.
15   SEVEN        8/3/2020     EBP debit card for an account in the name of
                               J.A. ending in 4134 sent by U.S. Mail from
16
                               Bank of America to East 65th Street, Long
17                             Beach, California.
     EIGHT        8/6/2020     EBP debit card for an account in the name of
18
                               J.D. ending in 8152 sent by U.S. Mail from
19                             Bank of America to East 65th Street, Long
                               Beach, California.
20
     NINE         8/6/2020     EBP debit card for an account in the name of
21                             H.G. ending in 0077 sent by U.S. Mail from
                               Bank of America to East 65th Street, Long
22                             Beach, California.

23   TEN          8/10/2020    EBP debit card for an account in the name of
                               M.W. ending in 0533 sent by U.S. Mail from
24                             Bank of America to East 65th Street, Long
                               Beach, California.
25

26

27

28
                                           17
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 18 of 29 Page ID #:18



 1                        COUNTS ELEVEN THROUGH THIRTY-TWO

 2                       [18 U.S.C. §§ 1344(2), 2(a), 2(b)]

 3                                 [ALL DEFENDANTS]

 4        20.   The Grand Jury re-alleges paragraphs 1 through 12, 14 and

 5   15 of this Indictment here.

 6   A.   THE SCHEME TO DEFRAUD

 7        21.   Beginning on a date unknown to the Grand Jury, but no later
 8   than in or around June 2020, and continuing until in or around
 9   September 2020, in Los Angeles and Riverside Counties, within the
10   Central District of California, and elsewhere, defendants FOSTER,
11   COUNTS, and LAWRENCE, together with others known and unknown to the
12   Grand Jury, knowingly and with intent to defraud, devised,
13   participated in, and executed a scheme to obtain moneys, funds,
14   credits, assets, and other property owned by and in the custody and
15   control of federally-insured financial institutions by means of
16   material false and fraudulent pretenses, representations, and
17   promises, and the concealment of material facts.
18        22.   The fraudulent scheme operated and was carried out, in
19   substance, as described in paragraphs 14 and 15 of this Indictment.
20   B.   EXECUTIONS OF THE SCHEME
21        23.   On or about the following dates, in Los Angeles and
22   Riverside Counties, within the Central District of California, and
23   elsewhere, defendants FOSTER, COUNTS, and LAWRENCE as set forth
24   below, together with others known and unknown to the Grand Jury,
25   aiding and abetting each other, committed and willfully caused others
26   to commit the following acts, each of which constituted an execution
27   of the fraudulent scheme:
28
                                           18
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 19 of 29 Page ID #:19



 1   COUNT           DEFENDANT(S)     DATE                ACT
 2   ELEVEN          FOSTER           8/4/2020            Use of an EDD debit
                     LAWRENCE                             card ending in 7011
 3                                                        issued in the name of
                                                          T.K, at Bank of
 4                                                        America to make two
                                                          withdrawals of $500
 5                                                        each, in Chatsworth,
                                                          California.
 6
     TWELVE          FOSTER           8/10/2020           Use of an EDD debit
 7                                                        card ending in 4134
                                                          issued in the name of
 8                                                        J.A., at Bank of
                                                          America to withdraw
 9                                                        $1,000, in Long Beach,
                                                          California.
10
     THIRTEEN        FOSTER           8/14/2020           Use of an EDD debit
11                                                        card ending in 0077
                                                          issued in the name of
12                                                        H.G., at Bank of
                                                          America to withdraw
13                                                        $1,000, in Long Beach,
                                                          California.
14
     FOURTEEN        FOSTER           8/15/2020           Use of an EDD debit
15                                                        card ending in 0365
                                                          issued in the name of
16                                                        T.M. at Bank of
                                                          America to withdraw
17                                                        $1,000, in Long Beach,
                                                          California.
18

19   FIFTEEN         FOSTER           8/15/2020           Use of an EDD debit
                                                          card ending in 4134
20                                                        issued in the name of
                                                          J.A., at Bank of
21                                                        America to withdraw
                                                          $1,000, in Long Beach,
22                                                        California.

23   SIXTEEN         FOSTER           8/16/2020           Use of an EDD debit
                                                          card ending in 4479
24                                                        issued in the name of
                                                          A.W., at Bank of
25                                                        America to withdraw
                                                          $1,000, in Long Beach,
26                                                        California.

27

28
                                             19
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 20 of 29 Page ID #:20



 1   COUNT           DEFENDANT(S)     DATE                ACT
 2   SEVENTEEN       FOSTER           8/17/2020           Use of an EDD debit
                     LAWRENCE                             card ending in 9676
 3                                                        issued in the name of
                                                          U.W., at Bank of
 4                                                        America to withdraw
                                                          $200, in Northridge,
 5                                                        California.
 6   EIGHTEEN        FOSTER           8/17/2020           Use of an EDD debit
                     LAWRENCE                             card ending in 9676
 7                                                        issued in the name of
                                                          U.W., at Bank of
 8                                                        America to withdraw
                                                          $800, in Northridge,
 9                                                        California.
10   NINETEEN        FOSTER           8/18/2020           Use of an EDD debit
                                                          card ending in 2399
11                                                        issued in the name of
                                                          A.S., at Bank of
12                                                        America to withdraw
                                                          $1,000, in Long Beach,
13                                                        California.
14   TWENTY          FOSTER           8/18/2020           Use of an EDD debit
                     LAWRENCE                             card ending in 9676
15                                                        issued in the name of
                                                          U.W., at Bank of
16                                                        America to withdraw
                                                          $400, in Chatsworth,
17                                                        California.
18
     TWENTY-ONE      FOSTER           8/21/2020           Use of an EDD debit
19                   COUNTS                               card ending in 4498
                                                          issued in the name of
20                                                        G.T., at Bank of
                                                          America to withdraw
21                                                        $1,000, in Culver
                                                          City, California.
22
     TWENTY-TWO      FOSTER           8/21/2020           Use of an EDD debit
23                   COUNTS                               card ending in 3280
                                                          issued in the name of
24                                                        D.C., at Bank of
                                                          America to withdraw
25                                                        $1,000, in Culver
                                                          City, California.
26

27

28
                                             20
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 21 of 29 Page ID #:21



 1   COUNT           DEFENDANT(S)     DATE                ACT
 2   TWENTY-THREE    FOSTER           8/21/2020           Use of an EDD debit
                     COUNTS                               card ending in 0680
 3                                                        issued in the name of
                                                          J.J., at Bank of
 4                                                        America to withdraw
                                                          $1,000, in Culver
 5                                                        City, California.
 6   TWENTY-FOUR     FOSTER           8/24/2020           Use of an EDD debit
                     COUNTS                               card ending in 0533
 7                                                        issued in the name of
                                                          M.W., at Bank of
 8                                                        America to withdraw
                                                          $1,000, in Culver
 9                                                        City, California.
10   TWENTY-FIVE     FOSTER           8/25/2020           Use of an EDD debit
                     LAWRENCE                             card ending in 8152
11                                                        issued in the name of
                                                          J.D., at Bank of
12                                                        America to withdraw
                                                          $800, in Hollywood,
13                                                        California.
14   TWENTY-SIX      FOSTER           8/28/2020           Use of an EDD debit
                     LAWRENCE                             card ending in 4134
15                                                        issued in the name of
                                                          J.A., at Bank of
16                                                        America to withdraw
                                                          $500, in Chatsworth,
17                                                        California.
18
     TWENTY-SEVEN    FOSTER           8/28/2020           Use of an EDD debit
19                   LAWRENCE                             card ending in 4134
                                                          issued in the name of
20                                                        J.A., at Bank of
                                                          America to withdraw
21                                                        $500, in Chatsworth,
                                                          California.
22
     TWENTY-EIGHT    FOSTER           8/29/2020           Use of an EDD debit
23                   LAWRENCE                             card ending in 4134
                                                          issued in the name of
24                                                        J.A., at Bank of
                                                          America to withdraw
25                                                        $500, in Northridge,
                                                          California.
26

27

28
                                             21
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 22 of 29 Page ID #:22



 1   COUNT           DEFENDANT(S)     DATE                ACT
 2   TWENTY-NINE     FOSTER           8/29/2020           Use of an EDD debit
                     LAWRENCE                             card ending in 0077
 3                                                        issued in the name of
                                                          H.G. at Bank of
 4                                                        America to withdraw
                                                          $500, in Northridge,
 5                                                        California.
 6   THIRTY          FOSTER           8/29/2020           Use of an EDD debit
                     LAWRENCE                             card ending in 0077
 7                                                        issued in the name of
                                                          H.G. at Bank of
 8                                                        America to withdraw
                                                          $500, in Northridge,
 9                                                        California.
10   THIRTY-ONE      FOSTER           9/2/2020            Use of an EDD debit
                     LAWRENCE                             card ending in 0365
11                                                        issued in the name of
                                                          T.M., at Bank of
12                                                        America to withdraw
                                                          $800, in Chatsworth,
13                                                        California.
14   THIRTY-TWO      FOSTER           9/17/2020           Use of an EDD debit
                     COUNTS                               card ending in 0409
15                                                        issued in the name of
                                                          K.G., at Bank of
16                                                        America to withdraw
                                                          $1,000, in Culver
17                                                        City, California.
18

19

20

21

22

23

24

25

26

27

28
                                             22
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 23 of 29 Page ID #:23



 1                                COUNT THIRTY-THREE

 2                         [18 U.S.C. §§ 1029(a)(2), 2(a)]

 3                                [DEFENDANT FOSTER]

 4         24. The Grand Jury re-alleges paragraphs 1 through 12, 14 and

 5   15 of this Indictment here.

 6         25. Beginning on or about July 14, 2020, and continuing through

 7   on or about November 5, 2020, in Los Angeles County, within the

 8   Central District of California, and elsewhere, defendant FOSTER, in

 9   transactions affecting interstate and foreign commerce, knowingly

10   and with intent to defraud, used unauthorized access devices, as

11   defined in Title 18, United States Code, Sections 1029(e)(1) and

12   (3), specifically, EBP debit card account numbers linked to EDD

13   debit accounts, which EBP debit card account numbers had been issued

14   in the names of persons other than defendant FOSTER and had been

15   obtained by defendant FOSTER with intent to defraud, and by such

16   conduct obtained things of value, their value together totaling

17   $1,000 or more during a one-year period.

18

19

20

21

22

23

24

25

26

27

28
                                           23
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 24 of 29 Page ID #:24



 1                                 COUNT THIRTY-FOUR

 2                         [18 U.S.C. §§ 1029(a)(2), 2(a)]

 3                                [DEFENDANT COUNTS]

 4         26. The Grand Jury re-alleges paragraphs 1 through 12, 14 and

 5   15 of this Indictment here.

 6         27. Beginning on or about August 4, 2020, and continuing

 7   through on or about September 22, 2020, in Los Angeles County,

 8   within the Central District of California, and elsewhere, defendant

 9   COUNTS, in transactions affecting interstate and foreign commerce,

10   knowingly and with intent to defraud, used unauthorized access

11   devices, as defined in Title 18, United States Code, Sections

12   1029(e)(1) and (3), specifically, EBP debit card account numbers

13   linked to EDD debit accounts, which EBP debit card account numbers

14   had been issued in the names of persons other than defendant COUNTS

15   and had been obtained by defendant COUNTS with intent to defraud,

16   and by such conduct obtained things of value, their value together

17   totaling $1,000 or more during a one-year period.

18

19

20

21

22

23

24

25

26

27

28
                                           24
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 25 of 29 Page ID #:25



 1                                 COUNT THIRTY-FIVE

 2                         [18 U.S.C. §§ 1029(a)(2), 2(a)]

 3                               [DEFENDANT LAWRENCE]

 4         28. The Grand Jury re-alleges paragraphs 1 through 12, 14 and

 5   15 of this Indictment here.

 6         29. Beginning on or about August 1, 2020, and continuing

 7   through on or about September 12, 2020, in Los Angeles and Riverside

 8   Counties, within the Central District of California, and elsewhere,

 9   defendant LAWRENCE, in transactions affecting interstate and foreign

10   commerce, knowingly and with intent to defraud, used unauthorized

11   access devices, as defined in Title 18, United States Code, Sections

12   1029(e)(1) and (3), specifically, EBP debit card account numbers

13   linked to EDD debit accounts, which EBP debit card account numbers

14   had been issued in the names of persons other than defendant

15   LAWRENCE and had been obtained by defendant LAWRENCE with intent to

16   defraud, and by such conduct obtained things of value, their value

17   together totaling $1,000 or more during a one-year period.

18

19

20

21

22

23

24

25

26

27

28
                                           25
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 26 of 29 Page ID #:26



 1                         COUNTS THIRTY-SIX THROUGH FORTY

 2                        [18 U.S.C. §§ 1028A(a)(1), 2(b)]

 3                                 [ALL DEFENDANTS]

 4        30.   The Grand Jury re-alleges paragraphs 1 through 12, 14 and

 5   15 of this Indictment here.

 6         31. On or about the dates set forth below, in Los Angeles,

 7   Riverside and Orange Counties, within the Central District of

 8   California, and elsewhere, defendants FOSTER, COUNTS, and LAWRENCE

 9   as set forth below, knowingly transferred, possessed, and used, and

10   willfully caused to be transferred, possessed, and used, without

11   lawful authority, means of identification that defendants knew

12   belonged to other persons, namely, the names and Bank of America EDD

13   debit account numbers of the individuals identified below, during

14   and in relation to the felony violations charged in the counts of

15   this Indictment identified below.

16   COUNT           DEFENDANT(S) DATE(S)          OTHER     FELONY VIOLATION
                                                   PERSON(S)
17   THIRTY-SIX      FOSTER          8/6/2020–     H.G.      18 U.S.C. § 1349
                     LAWRENCE        8/18/2020               as charged in
18                                                           Count One
19   THIRTY-SEVEN COUNTS             8/13/2020-    G.T.        18 U.S.C. § 1349
                                     8/21/2020                 as charged in
20                                                             Count One
21   THIRTY-EIGHT FOSTER             8/9/2020-     J.A.        18 U.S.C.
                                     8/10/2020                 § 1344(2) as
22                                                             charged in Count
                                                               Twelve
23
     THIRTY-NINE     LAWRENCE        8/18/2020     U.W.        18 U.S.C.
24                                                             § 1344(2) as
                                                               charged in Count
25                                                             Eighteen
26
     FORTY           COUNTS          8/21/2020     G.T.        18 U.S.C.
27                                                             § 1344(2) as
                                                               charged in Count
28                                                             Twenty-One

                                           26
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 27 of 29 Page ID #:27



 1                            FORFEITURE ALLEGATION ONE

 2                                 [18 U.S.C. § 982]

 3        32.   Pursuant to Rule 32.2(a) of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 18,

 6   United States Code, Section 982(a)(2), in the event of any

 7   defendant’s conviction of the offenses set forth in any of Counts One

 8   through Thirty-two and Thirty-six through Forty of this Indictment.

 9        33.   Any defendant so convicted shall forfeit to the United

10   States of America the following:

11              (a) All right, title and interest in any and all property,

12   real or personal, constituting, or derived from, any proceeds

13   obtained, directly or indirectly, as a result of the offense; and

14              (b) To the extent such property is not available for

15   forfeiture, a sum of money equal to the total value of the property

16   described in subparagraph (a).

17        34.   Pursuant to Title 21, United States Code, Section 853(p),

18   as incorporated by Title 18, United States Code, Section 982(b), any

19   defendant so convicted shall forfeit substitute property, up to the

20   total value of the property described in the preceding paragraph if,

21   as the result of any act or omission of said defendant, the property

22   described in the preceding paragraph, or any portion thereof: (a)

23   cannot be located upon the exercise of due diligence; (b) has been

24   transferred, sold to or deposited with a third party; (c) has been

25   placed beyond the jurisdiction of the court; (d) has been

26   substantially diminished in value; or (e) has been commingled with

27   other property that cannot be divided without difficulty.

28
                                           27
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 28 of 29 Page ID #:28



 1                            FORFEITURE ALLEGATION TWO

 2                           [18 U.S.C. §§ 982 and 1029]

 3         35. Pursuant to Rule 32.2(a) of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States will seek

 5   forfeiture as part of any sentence, pursuant to Title 18, United

 6   States Code, Sections 982(a)(2) and 1029, in the event of any

 7   defendant’s conviction of the offenses set forth in any of Counts

 8   Thirty-three through Thirty-five of this Indictment.

 9        36.   Any defendant so convicted shall forfeit to the United

10   States of America the following:

11              (a)   All right, title, and interest in any and all

12   property, real or personal, constituting, or derived from, any

13   proceeds obtained, directly or indirectly, as a result of the

14   offense;

15              (b)   Any personal property used or intended to be used to

16   commit the offense; and

17              (c)   To the extent such property is not available for

18   forfeiture, a sum of money equal to the total value of the property

19   described in subparagraphs (a) and (b).

20        37.   Pursuant to Title 21, United States Code, Section 853(p),

21   as incorporated by Title 18, United States Code, Sections 982(b)(1)

22   and 1029(c)(2), any defendant so convicted shall forfeit substitute

23   property, up to the total value of the property described in the

24   preceding paragraph if, as the result of any act or omission of the

25   defendant, the property described in the preceding paragraph, or any

26   portion thereof: (a) cannot be located upon the exercise of due

27   diligence; (b) has been transferred, sold to or deposited with a

28   third party; (c) has been placed beyond the jurisdiction of the
                                           28
     Case 2:24-cr-00367-MCS Document 1 Filed 06/18/24 Page 29 of 29 Page ID #:29



 1   court; (d) has been substantially diminished in value; or (e) has

 2   been commingled with other property that cannot be divided without

 3   difficulty.

 4

 5

 6                                              A TRUE BILL
 7

 8                                                             /s/
                                                Foreperson
 9

10   E. MARTIN ESTRADA
     United States Attorney
11

12

13   MACK E. JENKINS
     Assistant United States Attorney
14   Chief, Criminal Division
15   BRAM M. ALDEN
     Assistant United States Attorney
16   Chief, Criminal Appeals Section
17   RANEE A. KATZENSTEIN
     Assistant United States Attorney
18   Criminal Appeals Section
19

20

21

22

23

24

25

26

27

28
                                           29


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