Indictment — United States v. Joe Nicholas Catala et al., Northern District of Florida (Document 1)

Summary

A sealed grand jury indictment against Joe Nicholas Catala, Nicolas Carl Ramirez and Clonet Junior Charmant, Case No. 4:21-cr-00036-AW-MAF, in the U.S. District Court for the Northern District of Florida, filed August 3, 2021 as Document 1. Count One charges conspiracy under Title 18, United States Code, Section 1349 to commit bank fraud and wire fraud, Counts Two through Ten charge bank fraud under Sections 1344 and 2, and later counts charge identity-related offenses under Section 1028(a)(7). The indictment alleges the defendants shared stolen card numbers and personal identifying information to move funds through Zelle and make purchases, and that Catala opened a TD Bank account in another person's name to deposit a $1,200 Coronavirus Stimulus check mailed to that person. The forfeiture allegation lists $1,800 in U.S. currency and an Apple iPhone 7.

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Case 4:21-cr-O00036-AW-MAF Documenti- Filed 08/03/21 Page 1of19

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA _

TALLAHASSEE DIVISION
UNITED STATES OF AMERICA
SEALED
v. INDICTMENT
JOE NICHOLAS CATALA | | —
NICOLAS CARL RAMIREZ UH dior 3&- ACY
and
CLONET JUNIOR CHARMANT
/
THE GRAND JURY CHARGES:
COUNT ONE

A. INTRODUCTION

At all times material to this Indictment:

Financial Institutions
1. Austin Telco Federal Credit Union (hereinafter “ATFCU”),
Innovations Federal Credit Union (hereinafter “IFCU”), and The Golden 1 Credit
Union (hereinafter “G1CU”) were financial institutions, namely, credit unions
with accounts insured by the National Credit Union Share Insurance Fund.
ATFCU, IFCU, and G1CU offered online banking, credit cards, and debit cards to

their customers.
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2. Bank of America, N.A. (hereinafter “BOA”), Bank of Hawaii
(hereinafter ““BOH”), Branch Banking & Trust Company (hereinafter “BB&T”),
Discover Bank (hereinafter “Discover”), First Republic Bank (hereinafter “FRB”),
GBC International Bank (hereinafter “GBC”), JPMorgan Chase Bank, N.A.
(hereinafter “Chase”), Pacific Premier Bank (hereinafter “PPB”), TD Bank, N.A.
(hereinafter "TD Bank"), UMB Bank (hereinafter “UMB”) were financial
institutions, the deposits of which were insured by the Federal Deposit Insurance
Corporation, which offered online banking, credit cards, and debit cards to their

customers.

Zelle and Victims K.F., D.F., D.L., M.R., S.E., S.R., S.P., R.D., and N.N

3. Zelle, a service offered by Early Warning Services, LLC,
headquartered in the state of Arizona, was a way to send money directly between
U.S. bank accounts. If a bank or credit union offered Zelle, then its customers
were able to use their bank or credit union’s online banking website to send and
receive money using Zelle. Otherwise, customers were required to use a
smartphone to access the Zelle application (“app”) to send and receive money.

4, The defendants, JOE NICHOLAS CATALA, NICOLAS CARL
RAMIREZ, and CLONET JUNIOR CHARMANT, had accounts with BB&T

and Chase.
Case 4:21-cr-00036-AW-MAF Documenti- Filed 08/03/21 Page 3 of 19

5. The defendants, JOE NICHOLAS CATALA, NICOLAS CARL
RAMIREZ, and CLONET JUNIOR CHARMANT used Zelle to send and
receive funds to and from their respective BB&T and Chase accounts.

6. K.F., D.F., D.L., and M.R. were individuals who had accounts with
BOH, which was headquartered in the State of Hawaii.

7. S.E. was an individual who had an account with ATFCU, which was
headquartered in the State of Texas.

8. S.R. was an individual who had an account with UMB, which was
headquartered in the State of Missouri.

9, R.D. was an individual who had an account with GBC, which was
headquartered in the State of California.

10. S.P. was an individual who lived in Gainesville, Florida, and who had
an account with IFCU, which was headquartered in Panama City, Florida.

Victims D.C., P.F., E.G., and A.C.

11. D.C. was an individual who had an account with PPB, which was

headquartered in the State of California.

12. P.F., E.G., and A.C. were individuals who had accounts with FRB,

which was headquartered in the State of California.
Case 4:21-cr-00036-AW-MAF Documenti- Filed 08/03/21 Page 4 of 19

The CARES Act and Victim A.H.

1. On March 27, 2020, Congress passed the $2.2 trillion Coronavirus
Aid, Relief, and Economic Security (“CARES”) Act, which in part provides
economic relief for taxpayers nationwide in response to the COVID-19 pandemic.
The aid package included an Economic Impact Payment [(“EIP’’), also known as a
“Coronavirus Stimulus check” or “Coronavirus Stimulus payment”] of $1,200 to
individuals, so long as their last annual adjusted gross income was less than
$75,000. Payments were distributed by the United States Treasury via direct
deposit, or by mail using the latest address on file with the Internal Revenue
Service (“IRS”).

2. A.H. was an individual who qualified fora CARES Act Coronavirus
Stimulus check. A.H. resided at apartment unit 1223 in a complex known as “The
Social 2700 Student Spaces” (formerly known as “Villa Del Lago”) in Tallahassee,
Florida (“Unit 1223”) until on or about July 31, 2019. Each apartment unit at The
Social 2700 Student Spaces had an assigned locked mailbox, and the residents of
each apartment unit were provided a key to the assigned mailbox.

3. Between on or about August 1, 2019, and on or about November 20,
2019, the defendant, JOE NICHOLAS CATALA, resided in A.H.’s previous

apartment, Unit 1223. CATALA had access to the locked mailbox assigned to

Unit 1223. Even after he vacated Unit 1223, CATALA frequently visited his
. 4
Case 4:21-cr-00036-AW-MAF Documenti1_ Filed 08/03/21 Page 5 of 19

friends and former roommates with whom he resided at Unit 1223. CATALA had
access to a mailbox key for Unit 1223 between on or about March 1, 2020, and on
or about May 4, 2020, when one of the residents of Unit 1223 vacated and gave his
mailbox key to CATALA.

4, Between on or about April 24, 2020, and on or about May 4, 2020, the
United States Treasury mailed a Coronavirus Stimulus check, payable to A.H., to
Unit 1223.

_B. THE CHARGE
Between on or about April 1, 2019, and on or about May 2, 2020, in the
Northern District of Florida and elsewhere, the defendants, |
JOE NICHOLAS CATALA,
NICOLAS CARL RAMIREZ,
and
CLONET JUNIOR CHARMANT,
did knowingly and willfully combine, conspire, confederate, and agree together
and with other persons to commit offenses against the United States, namely:

1, execute and attempt to execute a scheme and artifice to defraud a

federally insured financial institution, that is, ATFCU, BOA, BOH, BB&T,

Discover, FRB, GBC, IFCU, Chase, TD Bank, and UMB, and to obtain moneys

owned by and under the custody and control of such financial institutions, by
Case 4:21-cr-00036-AW-MAF Documenti1_ Filed 08/03/21 Page 6of19

means of materially false and fraudulent pretenses, representations, and promises,
in violation of Title 18, United States Code, Section 1344.

2. to devise, and intend to devise, a scheme to defraud and for obtaining
money and property by means of material false and fraudulent pretenses,
representations, and promises, and to cause wire communications to be transmitted
in interstate commerce for the purpose of executing such scheme, and this violation
affected a financial institution, in violation of Title 18, United States Code, Section
1343.

C. MANNER AND MEANS

The manner and means by which this conspiracy was committed included |
the following:

1. JOE NICHOLAS CATALA, NICOLAS CARL RAMIREZ, and
CLONET JUNIOR CHARMANT used the Internet, text messaging, email,
messaging apps, and the United States Mail to unlawfully obtain and share with
each other and others the credit card and debit card numbers, bank account
numbers, and personal identifying information (hereinafter “PII’) that belonged to
third parties without authorization.

2. JOE NICHOLAS CATALA, NICOLAS CARL RAMIREZ, and
CLONET JUNIOR CHARMANT communicated with each other and others by

email, cell phone, text messaging, and messaging apps about how the scheme
6
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would be executed and how they would share the proceeds of the scheme. For
instance, CHARMANT shared a fraud instructional guide titled “Virtual Carding
Handbook 2.0” with CATALA. CATALA, RAMIREZ, and CHARMANT used
phone apps, including Telegram, to share bank identification numbers (hereinafter
“BINs”), credit card and debit card numbers, and PII that belonged to third parties
without authorization.

3, JOE NICHOLAS CATALA, NICOLAS CARL RAMIREZ, and
CLONET JUNIOR CHARMANT fraudulently transferred funds and attempted
to transfer funds from accounts belonging to customers of ATFCU, BOA, BOH,
BB&T, Discover, FRB, GBC, G1CU, IFCU, Chase, PPB, PNC, TD Bank, UMB,
Wells Fargo, including those of K.F., D.F., D.L., M.R., S.E., S.R., S.P., R.D., N.N,
and A.I. to accounts belonging to CATALA, RAMIREZ, CHARMANT, and
others using Zelle and the Internet.

4. JOE NICHOLAS CATALA, NICOLAS CARL RAMIREZ, and
CLONET JUNIOR CHARMANT used such fraudulently-obtained credit card
and debit card numbers, bank account numbers, and PIL, including those belonging
to D.C., P.F., E.G., and A.C., to:

a. send the proceeds of the scheme to themselves and other

individuals,
Case 4:21-cr-00036-AW-MAF Documenti_ Filed 08/03/21 Page 8 of 19

b. purchase merchandise and services from merchants such as OG

Subs, Best Buy, and Walmart, and

C. make cash withdrawals at automated teller machines

(hereinafter “ATMs”).

5. JOE NICHOLAS CATALA fraudulently used the name, address,
and BB&T debit card and credit card number of R.H. to purchase tickets to Busch
Gardens theme park.

6. JOE NICHOLAS CATALA fraudulently used the name, address,
and BB&T debit card and credit card number of L.P. to purchase tickets to
Universal Studios theme park.

7. JOE NICHOLAS CATALA and NICOLAS CARL RAMIREZ
fraudulently and unlawfully received and retained mail and identification that
belonged to and was in the name of third parties at Unit 1223.

8. JOE NICHOLAS CATALA and NICOLAS CARL RAMIREZ
fraudulently applied for a Discover credit card and fraudulently opened a BOA
account using the PII of W.B. and a mailing address of Unit 1223.

9. JOE NICHOLAS CATALA made and caused to be made false and
fraudulent representations in a Chase account application to open an account in the

name of A.I., using A.I.’s social security number and date of birth, CATALA
Case 4:21-cr-00036-AW-MAF Document1 Filed 08/03/21 Page 9 of 19

used the falsely-opened Chase account to send funds via Zelle to CLONET
JUNIOR CHARMANT.

10. JOE NICHOLAS CATALA made and caused to be made false and
fraudulent representations in a TD Bank account application to open an account in
the name of A.H., using A.H.’s social security number and date of birth. CATALA
used the falsely-opened TD Bank account to receive the proceeds of A.H.’s stolen
Coronavirus Stimulus check. CATALA electronically transferred some of the
proceeds of A.H.’s Coronavirus Stimulus check to CLONET JUNIOR
CHARMANT using Zelle. |

All in violation of Title 18, United States Code, Section 1349.

COUNTS TWO THROUGH TEN
A. INTRODUCTION

The allegations of Section A of Count One are hereby realleged and

incorporated by reference as if fully set forth herein.
B. THE CHARGE

Between on or about April 1, 2019, and on or about May 2, 2020, in the

Northern District of Florida and elsewhere, the defendants,
JOE NICHOLAS CATALA,
NICOLAS CARL RAMIREZ,

and
CLONET JUNIOR CHARMANT,

9
Case 4:21-cr-00036-AW-MAF

Document 1

Filed 08/03/21 Page 10 of 19

did execute and attempt to execute a scheme and artifice to defraud a federally

insured financial institution, that is, ATFCU, BOA, BOH, BB&T, Discover, FRB,

GBC, G1CU, IFCU, Chase, PPB, PNC, TD Bank, UMB, Wells Fargo, and to

obtain moneys owned by and under the custody and control of such financial

institutions, by means of materially false and fraudulent pretenses, representations,

and promises, in violation of Title 18, United States Code, Section 1344.

C. THE FRAUDULENT SCHEME

The allegations of Section C of Count One are hereby realleged and

incorporated by reference as if fully set forth herein.

D. EXECUTION OF THE SCHEME

On or about the following dates, for the purpose of executing and attempting

to execute the scheme to defraud, the defendants did knowingly and willfully

commit the following acts:

ACT

Causing a total of $300 to be transferred from the
IFCU account of S.P. to the BB&T account
belonging to Joe Nicholas Catala

Causing $200 to be transferred from the IFCU
account of S.P. to the Chase account belonging to
Nicolas Carl Ramirez

COUNT DATE DEFENDANT(S)
TWO May 26,2019 | JOP Nie
THREE May 26,2019 | NICOLAS CARL
FOUR April 6, 2020 J OF NICHOLAS

Causing a Chase account to be opened in the name
of, and using the social security number and date of
birth of, A.I. without A.I.’s permission or
knowledge

10
Case 4:21-cr-00036-AW-MAF Documenti1- Filed 08/03/21 Page 11 of 19

JOE NICHOLAS Transferring and receiving the name, PPB debit
‘ . ; CATALA and card number, PPB debit card Card Verification
FIVE April 15, 2020 CLONET JUNIOR Value (“CVV”), PPB debit card expiration date,
CHARMANT address, and email address of D.C.
et ALA A Transferring and receiving the name, FRB debit
SIX April 15, 2020 card number, FRB debit card CVV, FRB debit card
CLONET JUNIOR iration date, address, and email address of E.G
CHARMANT expiration date, address, a ail address of E.G.
OAL Aa ‘Transferring and receiving the name, FRB debit
SEVEN April 15, 2020 card number, FRB debit card CVV, FRB debit card
CLONET JUNIOR | expiration date, address, and email address of P.F
CHARMANT expiration date, address, and email address of P.F.
YALA Causing a purchase at OG Subs in the amount of
EIGHT April 18, 2020 $33.59 to be made using the name, FRB debit card
CLONET JUNIOR number, and FRB debit card CVV of E.G
CHARMANT umbels “a one
se PAL At Transferring and receiving the name, FRB debit
NINE April 27, 2020 card number, FRB debit card CVV, FRB debit card
CLONET JUNIOR expiration date, address, and email address of A.C
CHARMANT P , , | ~
Causing a TD Bank account to be opened in the
name of, and using the social security number and
, JOE NICHOLAS date of birth of, A.H., and causing a $1,200
TEN May 1, 2020 CATALA Coronavirus Stimulus check made payable to A.H.
to be deposited into said TD Bank account, without
A.H.’s permission or knowledge

In violation of Title 18, United States Code, Sections 1344 and 2.
COUNT ELEVEN
On or about April 15, 2020, in the Northern District of Florida and

elsewhere, the defendants,

JOE NICHOLAS CATALA
and
CLONET JUNIOR CHARMANT,

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

identification of another person, to wit, the name, debit card number, debit card

11
Case 4:21-cr-00036-AW-MAF Document1_ Filed 08/03/21 Page 12 of 19

CVV, debit card expiration date, and address of D.C. with the intent to commit, to
aid and abet, and in connection with, an unlawful activity that constitutes a
violation of Federal law, to wit, bank fraud in violation of Title 18, United States
Code, Section 1344, and such transfer, possession, and use occurred in and
affected interstate commerce.

In violation of Title 18, United States Code, Sections 1028(a)(7) and
1028(b)(2).

COUNT TWELVE
On or about April 15, 2020, in the Northern District of Florida and

elsewhere, the defendants,

JOE NICHOLAS CATALA
and
CLONET JUNIOR CHARMANT,
did knowingly transfer, possess, and use, without lawful authority, a means of
identification of another person, to wit, the name, debit card number, debit card
CVV, debit card expiration date, address, and email address of E.G. with the intent
to commit, to aid and abet, and in connection with, an unlawful activity that
constitutes a violation of Federal law, to wit, bank fraud in violation of Title 18,

United States Code, Section 1344, and such transfer, possession, and use occurred

in and affected interstate commerce.

12
Case 4:21-cr-00036-AW-MAF Documenti1_ Filed 08/03/21 Page 13 of 19

In violation of Title 18, United States Code, Sections 1028(a)(7) and
1028(b)(2).
COUNT THIRTEEN
On or about April 15, 2020, in the Northern District of Florida and

elsewhere, the defendants,

JOE NICHOLAS CATALA
. and
CLONET JUNIOR CHARMANT,
did knowingly transfer, possess, and use, without lawful authority, a means of
identification of another person, to wit, the name, debit card number, debit card
CVV, debit card expiration date, address, and phone number of P.F. with the intent
to commit, to aid and abet, and in connection with, an unlawful activity that
constitutes a violation of Federal law, to wit, bank fraud in violation of Title 18,
United States Code, Section 1344, and such transfer, possession, and use occurred
in and affected interstate commerce.

In violation of Title 18, United States Code, Sections 1028(a)(7) and

1028(b)(2).

13
Case 4:21-cr-00036-AW-MAF Document1_ Filed 08/03/21. Page 14 of 19

COUNT FOURTEEN
On or about April 27, 2020, in the Northern District of Florida and

elsewhere, the defendants,

JOE NICHOLAS CATALA
and
CLONET J UNIOR CHARMANT,
did knowingly transfer, possess, and use, without lawful authority, a means of
identification of another person, to wit, the name, debit card number, debit card
CVV, debit card expiration date, address, phone number, and email address of
A.C. with the intent to commit, to aid and abet, and in connection with, an
unlawful activity that constitutes a violation of Federal law, to wit, bank fraud in
violation of Title 18, United States Code, Section 1344, and such transfer,
possession, and use occurred in and affected interstate commerce.

In violation of Title 18, United States Code, Sections 1028(a)(7) and

1028(b)(2).

14
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COUNT FIFTEEN
Between on or about April 24, 2020, and on or about May 4, 2020, in the
Northern District of Florida, the defendant,
JOE NICHOLAS CATALA,
did knowingly steal and take, and attempt to steal and take, a letter, package, bag,
and mail from and out of a letter box, mail receptacle, and authorized depository
for mail matter.
In violation of Title 18, United States Code, Section 1708.
COUNT SIXTEEN
Between on or about April 24, 2020, and on or about May 4, 2020, in the
Northern District of Florida and elsewhere, the defendant,
JOE NICHOLAS CATALA,
knowingly and with intent to defraud, did pass, utter, and publish, and attempt to
- pass, utter, and publish a $1,200 United States Treasury check, bearing the falsely
made and forged endorsement of A.H.

In violation of Title 18, United States Code, Section 510(a)(2).

15
Case 4:21-cr-00036-AW-MAF Documenti1_ Filed 08/03/21 Page 16 of 19

COUNT SEVENTEEN
Between on or about April 1, 2019, and on or about May 28, 2019, in the.
Northern District of Florida and elsewhere, the defendants,
JOE NICHOLAS CATALA
and
NICOLAS CARL RAMIREZ,
did knowingly possess and use, without lawful authority, a means of identification
of another person, to wit: the name and bank account number of S.P. during and in
relation to a felony violation enumerated in Title 18, United States Code, Section
1028A(c), to wit: bank fraud as charged in Counts Two and Three of this
Indictment. |
In violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.
COUN T EIGHTEEN
Between on or about April 1, 2019, and on or about May 2, 2020, in the
Northern District of Florida and elsewhere, the defendants,
JOE NICHOLAS CATALA
and
CLONET JUNIOR CHARMANT,
did knowingly possess and use, without lawful authority, a means of identification

of another person, to wit: the name and bank account number of D.C., E.G., P.F.,

A.C. during and in relation to a felony violation enumerated in Title 18, United

16
Case 4:21-cr-00036-AW-MAF Documenti1_ Filed 08/03/21 Page 17 of 19

States Code, Section 1028A(c), to wit: bank fraud as charged in Counts Five, Six,
Seven, Eight, and Nine of this Indictment.
In violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.
COUNT NINETEEN
Between on or about April 6, 2020, and on or about May 4, 2020, in the
Northern District of Florida and elsewhere, the defendant,
JOE NICHOLAS CATALA,
did knowingly possess and use, without lawful authority, a means of identification
of another person, to wit: the name, date of birth, drivers license number, and
social security number of A.I. and A.H. during and in relation to a felony violation
enumerated in Title 18, United States Code, Section 1028A(c), to wit: bank fraud
as charged in Counts Four and Ten of this Indictment.
In violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.
CRIMINAL FORFEITURE
The allegations contained in Counts One through Nineteen of this
Indictment are hereby realleged and incorporated by reference for the purpose of
alleging forfeiture. From their engagement in the violations alleged in Counts One
through Nineteen of this Indictment, the defendants,
JOE NICHOLAS CATALA,

NICOLAS CARL RAMIREZ,
and

17
CLONET JUNIOR CHARMANT,
shall forfeit to the United States, pursuant to Title 18, United States Code, Sections
981(a)(1)(C), 982(a)(1) and 982(a)(2), and Title 28, United States Code, Section
2461(c), any and all of the defendants’ right, title, and interest in any property, real
and personal, constituting, and derived from, proceeds traceable to such offenses.
The property subject to forfeiture includes, but is not limited to, the
following:
1. U.S. currency in the amount of $1,800.
2. An Apple iPhone 7 containing a serial number of F72C38G6HGO6W.
If any of the property described above as being subject to forfeiture, as a
result of acts or omissions of the defendants:
i. | cannot be located upon the exercise of due diligence;
il. has been transferred, sold to, or deposited with a third party;
iii. | has been placed beyond the jurisdiction of this Court;
iv. has been substantially diminished in value; or
Vv. has been commingled with other property that cannot be
subdivided without difficulty,
it is the intent of the United States, pursuant to Title 21, United States Code,

Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c),

18


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