Indictment — United States v. Rolanda Wingfield, Middle District of Florida (Document 1)

Summary

An indictment in United States v. Rolanda Wingfield, Case 8:22-cr-00034-SDM-AEP, in the U.S. District Court for the Middle District of Florida, Tampa Division, filed January 27, 2022 as Document 1. It describes the unemployment insurance program, the Arizona Department of Economic Security's payment of benefits by debit card, and the UI programs created by the CARES Act. Counts One and Two charge trafficking in and use of an unauthorized access device under 18 U.S.C. §§ 1029(a)(2) and 2, citing $1,000 debit card transactions on 9/14/2020 and 9/22/2020. Count Three charges possession of fifteen or more unauthorized access devices, social security numbers of other individuals, on or about July 28, 2020 under 18 U.S.C. §§ 1029(a)(3) and 2. Counts Four and Five charge aggravated identity theft under 18 U.S.C. §§ 1028A and 2, followed by a forfeiture allegation.

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“Indictment — United States v. Rolanda Wingfield, Middle District of Florida (Document 1).” Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-8-22-cr-00034-dkt-1-m-d-fla-2add30442e/, SHA-256 4820168c02b3ed0823b6b1f5691a37278d42c80c394163285ee6d61213ef1b58.

Full text

Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 1 of 8 PageID 1

UNITED STATES D ISTRJCT COURT
MIDDLE DISTRJCT OF FLORJDA
TAMP A DIVISION

UNITED STATES OF AMERJCA
CASE NO. ~-. '2.- -Z... C.'t'- ]. i .S b .n- "'¼
V. 18 U.S.C. § 1029(a)(2)
18 U.S.C. § 1029(a)(3)
ROLANDA WINGFIELD 18 U.S.C. § 1028A

INDICTMENT

The Grand Jury charges:

COUNTS ONE AND TWO
(Access Device Fraud- Traffic In and Use)

A. Introduction

At all times material to this Indictment:

1. ROLANDA WINGFIELD resided in the Middle District of Florida, in

Tampa, Florida.

2. Unemployment Insurance ("UI") was a state-federal program that

provided monetary benefits to eligible lawful workers. Although state workforce

agencies ("SWAs") administered their respective UI programs, they did so in

accordance with federal laws and regulations. UI payments (benefits) were intended

to provide temporary financial assistance to lawful workers who were unemployed

through no fault of their own. Each state set its own additional requirements for

eligibility, benefit amounts, and length of time benefits were paid. Generally, UI
Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 2 of 8 PageID 2

weekly benefit amounts were based on a percentage of one's earnings over a base

period.

3. In the State of Arizona, the Department of Economic Security ("DES")

administered the UI program.

4. Financial Institution #1 was headquartered in Charlotte, North

Carolina. DES benefit payments were paid via Financial Institution # I debit cards to

UI claimants.

5. In March 2020, the President signed the Families First Coronavirus

Response Act ("FFCRA") into law. The FFCRA provided additional flexibility for

state UI agencies and additional administrative funding to respond to the COVID-19

pandemic. The Coronavirus Aid, Relief, and Economic Security ("CARES") Act

was also signed into law in March 2020. It expanded states' ability to provide UI for

many workers impacted by COVID-19, including for workers who were not

ordinarily eligible for UI benefits. The CARES Act provided for three new UI

programs: Pandemic Unemployment Assistance; Federal Pandemic Unemployment

Compensation; and Pandemic Emergency Unemployment Compensation.

6. The term "access device" included any card, plate, code, account

number, electronic serial number, mobile identification number, personal

identification number, or other telecommunications service, equipment, or

instrument identifier, or other means of account access that could be used alone or in

conjunction with another access device to obtain money, goods, services, or any

2
Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 3 of 8 PageID 3

other thing of value, or that could be used to initiate a transfer of funds (other than a

transfer originated solely by paper instrument).

7. A credit card or debit card was an "access device." A credit card was a

thin plastic card, usually 3-1/8 inches by 2-1/8 inches that contained identification

information and authorized the person named on the card to make charges for which

he or she was billed periodically by the card issuer. A debit card looked like and

generally contained the same information as a credit card, but immediately withdrew

the money from the card holder's affiliated bank account.

8. Each credit or debit card account had a unique number issued to it. A

credit card or debit card account number was also an "access device." Credit or debit

card issuers, such as Financial Institution # 1, placed personal information on each

card by physically stamping or embossing information such as the account number,

the account holder's name, and the expiration date for the account. Credit or debit

card issuers and financial institutions also programmed the magnetic strip on the

back of the card with the account holder's account number, name, and the expiration

date for the account.

9. The term "counterfeit access device" included any access device,

including a credit card, debit card, credit card number, or debit card number that was

counterfeit, fictitious, altered, or forged, or an identifiable component of an access

device or a counterfeit access device.

3
Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 4 of 8 PageID 4

10. The term "unauthorized access device" included any access device,

including a credit card, debit card, credit card number, or debit card number that was

lost, stolen, expired, revoked, canceled, or obtained with the intent to defraud.

11. The term "means of identification" included any name or number that

could be used, alone or in conjunction with any other information, to identify a

specific individual, including any access device. A credit card or debit card number

was a means of identification.

B. The Charges

12. On or about the date listed below in each Count, in the Middle District

of Florida and elsewhere, the defendant,

ROLANDA WINGFIELD,

did knowingly and with intent to defraud traffic in and use one or more unauthorized

access devices during a one-year period, and by such conduct obtained anything of

value aggregating $1 ,000 or more during that period, said conduct affecting interstate

and foreign commerce, as detailed below:

COUNT DATE VICTIM ACCOUNT NO. AMOUNT
Financial Institution # 1 Debit
ONE 9/14/ 2020 J.F. $1 ,000
card ending in -45 33
Financial Institution # 1 Debit
TWO 9/22/2020 J.F. $1 ,000
card ending in -4533

In violation of 18 U.S.C. §§ 1029(a)(2) and 2.

4
Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 5 of 8 PageID 5

COUNT THREE
(Access Device Fraud-Possession)

1. The allegations contained in Section A of Count One and Count Two

of this Indictment are realleged and incorporated by reference as if fully set forth

herein.

2. On or about July 28, 2020, in the Middle District of Florida, and

elsewhere, the defendant,

ROLANDA WINGFIELD,

knowingly and with intent to defraud possessed fifteen or more unauthorized access

devices, that is social security numbers of other individuals, said possession affecting

interstate and foreign commerce.

In violation of 18 U.S.C. §§ 1029(a)(3) and 2.

COUNTS FOUR AND FIVE
(Aggravated Identity Theft)

1. The allegations contained in Section A of Count One and Count Two

of this Indictment are realleged and incorporated by reference as if fully set forth

herein.

2. On or about the date listed below in each Count, in the Middle District

of Florida, and elsewhere, the defendant,

ROLANDA WINGFIELD,

did knowingly transfer, possess, and use, without lawful authority, a means of

identification of another person, specifically, the name, as detailed below, during and

in relation to a federal violation of 18 U.S.C. § 1029(a)(3) (access device fraud) as

5
Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 6 of 8 PageID 6

charged in Count Three of this Indictment, knowing that such means of

identification belonged to an actual person:

COUNT APPROXIMATE DATE MEANS OF IDENTIFICATION
FOUR 7/1/2020 The name of P.G.
FIVE 5/22/2020 The name of J.P.

In violation of 18 U .S.C. §§ 1028A and 2.

FORFEITURE

1. The allegations contained in Counts One through Three of this

Indictment are hereby realleged and incorporated by reference for the purpose of

alleging forfeiture pursuant to the provisions of 18 U.S.C. §§ 982(a)(2)(B) and

1029(c)(l)(C).

2. Upon conviction of a violation of 18 U.S .C. § 1029, the defendant,

ROLANDA WINGFIELD,

shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2)(B), any property

constituting, or derived from, proceeds the person obtained directly or indirectly, as a

result of such violation, and pursuant to 18 U .S.C. § 1029(c)(l)(C), any personal

property used or intended to be used to commit the offense.

3. The property to be forfeited includes, but is not limited to, an order of

forfeiture in the amount of proceeds obtained from the offenses.

4. If any of the property described above, as a result of any acts or

omissions of the defendants:

a. cannot be located upon the exercise of due diligence;

6
Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 7 of 8 PageID 7

b. has been transfened or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the Court;

d. has been substantially diminished in value; or

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

the United States shall be entitled to forfeiture of substitute property under the

provisions of 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(l) and

1029(c)(2).

ROGER B. HANDBERG
United States Attorney

By:
ohn Cannizza
Assistant United States Attorney

By-._ £) •
R~
t<J!J~
DesVaux Bedke
Assistant United States Attorney
Acting Chief, Economic Crimes Section

7
Case 8:22-cr-00034-SDM-AEP Document 1 Filed 01/27/22 Page 8 of 8 PageID 8
FORMOBD-34
January 22 No.

UNITED STATES DISTRICT COURT
Middle District of F lorida
Tampa Division

THE UNITED STATES OF AMERICA

vs.

ROLANDA WINGFIELD

INDICT1\1ENT

Violations: 18 U .S.C. §§1029(a)(2), 1029(a)(3), and 1028A

Filed in open court this 27th day of January, 2022.

Clerk

Bail$- -- - - -- -

GPO 863 525

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