Indictment — United States v. Dennis Rodriguez Kinchen et al., Southern District of Georgia (Document 3)

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An indictment in United States of America v. Dennis Rodriguez Kinchen, Sherman Levon Scott, Angel Amaral, Jacqueline Somesso and Tony Heldore, Case 4:22-cr-00114-JRH-CLR, in the U.S. District Court for the Southern District of Georgia, Savannah Division, filed August 3, 2022 as Document 3. Most counts charge drug trafficking conspiracy, distribution, maintaining drug-involved premises and firearm offenses. The bank fraud count under 18 U.S.C. § 1344 alleges that Somesso submitted fake bank statements to Community Federal Savings Bank for a PPP loan to Liquid Café, followed by a deposit of $570,736.87 on May 14, 2021. Other counts charge Kinchen with a false claim under 18 U.S.C. § 287 on an EIDL application for Infinity Trucking Company, LLC and with money laundering conspiracy under 18 U.S.C. § 1956(h) over an SBA deposit of $412,700 and a $325,000 transfer.

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Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page1 of 22

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

CR422-0114
UNITED STATES OF AMERICA INDICTMENT NO. Qi

Vv. 21 U.S.C. § 846
Conspiracy to Possess With
Intent to Distribute and to
Distribute Controlled
Substances (Cocaine,

Methamphetamine, Cocaine
Base, Heroin, Marijuana)

DENNIS RODRIGUEZ KINCHEN,
SHERMAN LEVON SCOTT,
ANGEL AMARAL,

JACQUELINE SOMESSO,

TONY HELDORE

21 U.S.C. § 841(a)(1)
Possession with Intent to
Distribute and Distribution a
Controlled Substances
(Cocaine, Methamphetamine,
Cocaine Base, and Heroin)

21 U.S.C. § 856(a)(1)
Maintaining Drug-Involved
Premises

18 U.S.C. § 924(c)
Possession of a Firearm in
Furtherance of a Drug
Trafficking Offense

cy 9

-3

18 U.S.C. § 922(g)
Possession of a Firearm by a
Prohibited Person

18 U.S.C. § 287
False, Fictitious, or Fraudulent
Claims

18 U.S.C. § 1344
Bank Fraud

18 U.S.C. § 1956(h)
Conspiracy to Launder Money

18 U.S.C. § 2

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Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 2 of 22

THE GRAND JURY CHARGES THAT:
COUNT ONE
Conspiracy to Possess With Intent to Distribute and
to Distribute Controlled Substances (Cocaine, Methamphetamine, Cocaine Base,
Heroin, Marijuana)
21 U.S.C. § 846
Beginning on a date at least as early as April 2019, up to and including the
return date of this indictment, the precise dates being unknown, in Chatham,
Laurens counties, within the Southern District of Georgia, and elsewhere, the
Defendants,
DENNIS RODRIGUEZ KINCHEN,
SHERMAN LEVON SCOTT,
ANGEL AMARAL,
JACQUELINE SOMESSO,

TONY HELDORE,
aided and abetted by each other and by others known and unknown, with some
joining the conspiracy earlier and others joining later, did knowingly and
intentionally combine, conspire, confederate and agree together and with each other,
and with others known and unknown, to possess with intent to distribute and to
distribute 5 kilograms or more of a mixture or substance containing a detectable
amount of cocaine, a Schedule II controlled substance, 50 grams or more of
methamphetamine, a Schedule II controlled substance, 280 grams or more of a
mixture or substance containing a detectable amount of cocaine base, a Schedule II
controlled substance, 100 grams or more of a mixture or substance containing a

detectable amount of heroin, a Schedule I controlled substance, a mixture or

substance containing a detectable amount of marijuana, a Schedule I controlled
Case 4:22-cr-00114-JRH-CLR Document3 Filed 08/03/22 Page 3 of 22
substance.
All in violation of Title 21, United States Code, Sections 841(a)(1) and 846 and

Title 18, United States Code, Section 2.
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 4 of 22
COUNT TWO
Maintaining Drug-Involved Premises
21 U.S.C. § 856(a)(1)
Beginning on a date at least as early as February 2020, up to and including the
return date of this indictment, the precise dates being unknown, in Chatham County,

within the Southern District of Georgia, the Defendants,

DENNIS RODRIGUEZ KINCHEN,
JACQUELINE SOMESSO,

aided and abetted by each other and others unknown, did lease, rent, use, and
maintain a place located at 325 Westbrook Lane, Pooler, Georgia, for the purpose of
distributing cocaine, a Schedule II controlled substance, and heroin, a Schedule I
controlled substance.

All in violation of Title 21, United States Code, Section 856(a)(1) and Title 18,

United States Code, Section 2.
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page5 of 22

COUNT THREE
Maintaining Drug-Involved Premises
21 U.S.C. § 856(a)(1)

Beginning on a date at least as early as February 2020, up to and including the
return date of this indictment, the precise dates being unknown, in Laurens County,
within the Southern District of Georgia, the Defendant,

DENNIS RODRIGUEZ KINCHEN,
did lease, rent, use, and maintain a place located at 240 Deerwood Trail, Dublin,
Georgia, for the purpose of distributing cocaine, a Schedule II controlled substance,
methamphetamine, a Schedule II controlled substance, heroin, a Schedule I
controlled substance, and marijuana, a Schedule I controlled substance.

All in violation of Title 21, United States Code, Section 856(a)(1).
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 6 of 22
COUNT FOUR
Maintaining Drug-Involved Premises
21 U.S.C. § 856(a)(1)

Beginning on a date at least as early as February 2020, up to and including the
return date of this indictment, the precise dates being unknown, in Chatham County,
within the Southern District of Georgia, the Defendant,

SHERMAN LEVON SCOTT,
did lease, rent, use, and maintain a place located at 6 Cassidy Court, Pooler, Georgia,
for the purpose of distributing cocaine, a Schedule II controlled substance, and

cocaine base, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Section 856(a)(1).
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 7 of 22
COUNT FIVE
Distribution of a Controlled Substance (Cocaine Base)
21 U.S.C. § 841(a)(1)
On or about February 12, 2021, in Chatham County, within the Southern

District of Georgia, the Defendant,

SHERMAN LEVON SCOTT,
did knowingly and intentionally distribute 28 grams or more of a mixture and
substance containing a detectable amount of cocaine base, a Schedule II controlled

substance.

All in violation of Title 21, United States Code, Section 841(a)(1).
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 8 of 22

COUNT SIx
Distribution of a Controlled Substance (Cocaine Base)
21 U.S.C. § 841(a)(1)
On or about March 22, 2021, in Chatham County, within the Southern District

of Georgia, the Defendant,

SHERMAN LEVON SCOTT,
did knowingly and intentionally distribute 28 grams or more of a mixture and
substance containing a detectable amount of cocaine base, a Schedule II controlled

substance.

All in violation of Title 21, United States Code, Section 841(a)(1).
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 9 of 22

COUNT SEVEN
Distribution of a Controlled Substance (Cocaine Base)
21 USS.C. § 841(a)(1)

On or about May 4, 2021, in Chatham County, within the Southern District of

Georgia, the Defendant,

SHERMAN LEVON SCOTT,
did knowingly and intentionally distribute 28 grams or more of a mixture and
substance containing a detectable amount of cocaine base, a Schedule II controlled
substance.

All in violation of Title 21, United States Code, Section 841(a)(1).
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 10 of 22
COUNT EIGHT
Bank Fraud
18 U.S.C. § 1344
On or about May 21, 2021, in the Southern District of Georgia, and elsewhere,
the Defendant,
JACQUELINE SOMESSO,
did knowingly execute and attempt to execute a scheme and artifice to defraud
Community Federal Savings Bank, and to obtain money, funds and property owned
by and under the custody and control of Community Federal Savings Bank, by means
of false and fraudulent pretenses, representations, and promises, and schemes and
artifice being in substance as follows:
THE SCHEME AND ARTIFICE

It was a part of the scheme and artifice that the defendant submitted fake bank
statements to Community Federal Saving Bank, which is a federally insured
financial institution with locations throughout the Southern District of Georgia,

The false documents were submitted for the purpose of obtaining a Paycheck
Protection Program (“PPP”) loan for Liquid Café, which according to the Georgia
Corporations Division of the Georgia Secretary of State, as of July 23, 2022, list the
defendant as the Registered Agent.

As a part of the scheme and artifice, the defendant made or caused to be made,
fake bank statements for the purpose of falsifying her payroll expenses.

The fake statements purported to be from Colony Bank and ranged from

February 2021 to April 2021. However, the statements were later determined to be

10
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 11 of 22
fake, and were allegedly created and submitted to Community Federal Savings Bank
in an application for PPP funds.

On May 14, 2021, via a wire transfer from Community Federal Savings Bank,
the defendant's Colony Bank account number 231151752, held in the name of Liquid
Café, LLC’s, received a deposit of $570,736.87.

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

11
Case 4:22-cr-00114-JRH-CLR Document3 Filed 08/03/22 Page 12 of 22
COUNT NINE
Distribution of a Controlled Substance (Cocaine Base)
21 U.S.C. § 841(a)(1)
On or about June 2, 2021, in Chatham County, within the Southern District of

Georgia, the Defendant,

SHERMAN LEVON SCOTT,
did knowingly and intentionally distribute 28 grams or more of a mixture and
substance containing a detectable amount of cocaine base, a Schedule II controlled

substance.

All in violation of Title 21, United States Code, Section 841(a)(1).

12
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 13 of 22

COUNT TEN
False, Fictitious, or Fraudulent Claims
18 U.S.C. § 287 and 2
On or about September 21, 2021, in the Southern District of Georgia, and
elsewhere, the Defendant,
DENNIS RODRIGUEZ KINCHEN,
aided and abetted by others, made and presented to the SBA a claim upon the United
States and the Small Business Administration (“SBA”), that is, an application for an
Economic Injury Disaster Loan (“EIDL”) on behalf of Infinity Trucking Company,
LLC., wherein KINCHEN stated that program funds were to be used “solely as
working capital to alleviate economic injury,” however at the time the attestation was

made the Defendant knew that said claim was false.

All in violation of Title 18 United States Code, Sections 287 and 2.

13
Case 4:22-cr-00114-JRH-CLR Document3 Filed 08/03/22 Page 14 of 22
COUNT ELEVEN
Conspiracy Money Laundering
18 U.S.C. § 1956(h)

On or about September 21, 2021, in the Southern District of Georgia, and

elsewhere, the Defendant,

DENNIS RODRIGUEZ KINCHEN,

aided and abetted by each other and by others known and unknown, with some
joining the conspiracy earlier and others joining later, did knowingly and
intentionally combine, conspire, confederate and agree with each other and others, to
conduct and attempt to conduct financial transactions affecting interstate commerce,
with funds which were proceeds of a specified unlawful activity, that is conspiracy to
commit wire fraud, in violation of Title 18, United States Code, Section 1341.

In furtherance of the conspiracy, the defendant committed and caused to be
committed in the Southern District of Georgia and elsewhere, financial transactions
affecting interstate commerce, using funds which were, and which the defendant
knew to be, proceeds of the unlawful conspiracy to commit wire fraud, through the
transactions limited below:

a. On or about September 21, 2021, the SBA deposited $412,700 into
Morris Bank account number 94595, held in the name of INFINITY TRUCKING
COMPANY, LLC. The deposit was induced based on a false statement made by the
defendant in an application for an EIDL as described above in Count 13.

b. Prior to receiving the $412,700 in SBA funds the statement

balance of Morris Bank account #94595 was only $4,722.68.

14
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 15of 22

Cc. Following this deposit, on October 21, 2021, the defendant
conducted a wire transfer in the amount of $325,000 from Morris Bank account #94595
to Colony Bank account number #8218 held in the name INFINITY TRUCKING CO
LLC. Documentation for this wire transfer stated that the purpose for the transfer
is “Purchase Property.”

d. Prior to the receipt of this wire transfer, bank records indicated
account number #8218 had a balance of only $3,905.53. Following this, on October
22, 2021, the records show an outgoing wire transfer to a law firm in the amount of
$25,000.

e. On October 25, 2021, a Colony Bank “Miscellaneous Form” was
utilized to conduct a transfer in the amount of $300,000. On the form a handwritten
note reads, “transfer to cd #213026794 loan collateral per Dennis Kinchen.” This
“Miscellaneous Form” also purports to be signed by KINCHEN.

f. On this same date, October 25, 2021, KINCHEN was also issued a
check from Colony Bank for the amount of $300,000. The back of this check shows
that it was specially endorsed by KINCHEN in the following manner: “Pay to the
order of Infinity Trucking Co LLC.” The bank’s internal transaction stamps show,
however, that this check was not deposited into Colony Bank account number #8218
until October 26, 2021; after the purchase of the CD on October 25, 2021.
Furthermore, these Colony Bank records included a separate “Miscellaneous Form,”
which is also dated October 25, 2021, which included the handwritten description “loan

fees xx8692 (POC)” and which also purports to be signed by KINCHEN.

15
Case 4:22-cr-00114-JRH-CLR Document3 Filed 08/03/22 Page 16 of 22

g. These records corroborate the belief that the funds used to
purchase CD #213026794 were the SBA funds that KINCHEN transferred from his
account at Morris Bank (account #94595).

h. Additionally, on November 3, 2021, a cash deposit in the
amount of $6,500 was made into Colony Bank account #8218. The next day, on
November 4, 2021, Colony Bank records detail an outgoing wire transfer to another
law firm in the amount of $306,380.72.

i. An internet search of the above referenced law firm shows that they
are located in the Atlanta, Georgia area, and specializes in only four areas, including
residential real estate closings. A search of the Fulton County, Georgia’s Board of
Assessors website revealed a property record in the name of Dennis KINCHEN
for property located at 2734 Peachtree Rd NW, Unit #C202. The property record
further shows that the sale to KINCHEN took place on November 5, 2021.

j. The Government believes that this residential property was
purchased with money traceable to and/or derived from Wire Fraud and subsequent
misuse of SBA COVID EIDL loan funds as well as through the use of comingled illicit
proceeds.

All done in violation of Title 18, United States Code, Section 1956(h).

16
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 17 of 22

COUNT TWELVE
Possession with Intent to Distribute a Controlled Substance (Cocaine)
21 U.S.C. § 841(a)(1)
On or about January 29, 2022, in Chatham County, within the Southern

District of Georgia, the Defendants,

DENNIS RODRIGUEZ KINCHEN,
ANGEL AMARAL,
JACQUELINE SOMESSO,
aided and abetted by each other, did knowingly and intentionally possess with intent
to distribute 500 grams or more of a mixture and substance containing a detectable
amount of cocaine, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Section 841(a)(1) and Title 18,

United States Code, Section 2.

17
Case 4:22-cr-00114-JRH-CLR Document3 Filed 08/03/22 Page 18 of 22

COUNT THIRTEEN
Possession of Firearm in Furtherance of a Drug Trafficking Crime
18 U.S.C. § 924(c)
On or about January 29, 2022, in Chatham County, within the Southern

District of Georgia, the Defendants,

DENNIS RODRIGUEZ KINCHEN,
JACQUELINE SOMESSO,

aided and abetted by each other, did knowingly possess firearms in furtherance of at
least one drug trafficking crime for which they may be prosecuted in a court of the
United States, to wit, Conspiracy to Possess with Intent to Distribute and to
Distribute Controlled Substances, in violation of Title 21, United States Code, Section
846, as charged in Count 1 of this Indictment and Possession with Intent to Distribute
Controlled Substances, in violation of Title 21, United States Code, Section 841(a)(1),
as charged in Count 12 of this Indictment.

All in violation of Title 18, United States Code, Sections 924(c) and 2.

18
Case 4:22-cr-00114-JRH-CLR Document3 Filed 08/03/22 Page 19 of 22

COUNT FOURTEEN
Possession of Firearms by a Prohibited Person
18 U.S.C. § 922(g)(1)

On or about January 29, 2022, in Chatham County, within the Southern

District of Georgia, the Defendant,

DENNIS RODRIGUEZ KINCHEN,

knowing he had previously been convicted of a crime punishable by imprisonment for
a term exceeding one year, did knowingly possess, in and affecting commerce,
firearms, to wit,

e Beretta, Model CX4 Storm 9mm caliber rifle

e Mossberg, Model 930 JM Pro, 12-gauge shotgun

e Taurus, Model PT111 G2, 9mm caliber pistol
all which had previously been transported in interstate and foreign commerce.

All in violation of Title 18, United States Code, Section 922(g)(1).

19
Case 4:22-cr-00114-JRH-CLR Document3 Filed 08/03/22 Page 20 of 22

COUNT FIFTEEN
Possession with Intent to Distribute a Controlled Substance (Cocaine, Heroin,
Methamphetamine)
21 U.S.C. § 841(a)(1)
On or about January 29, 2022, in Laurens County, within the Southern District

of Georgia, the Defendant,

DENNIS RODRIGUEZ KINCHEN,
did knowingly and intentionally possess with intent to distribute 500 grams or more
of a mixture and substance containing a detectable amount of cocaine, a Schedule II
controlled substance; 100 grams or more of a mixture and substance containing a
detectable amount of heroin, a Schedule I controlled substance; and a mixture and
substance containing a detectable amount of methamphetamine, a Schedule II
controlled substance.

All in violation of Title 21, United States Code, Section 841(a)(1).

20
Case 4:22-cr-00114-JRH-CLR Document3_ Filed 08/03/22 Page 21 of 22

FORFEITURE ALLEGATIONS

The allegations contained in Counts One through Fifteen of this Indictment
are hereby re-alleged and incorporated by reference for the purpose of alleging
forfeiture pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 924(d),
Title 21, United States Code, Section 853, and 982(a)(7), and Title 28, United States
Code, Section 2461(c).

Upon conviction of one or more of the Title 21 offenses set forth in this
Indictment, Defendants,

DENNIS RODRIGUEZ KINCHEN,
SHERMAN LEVON SCOTT,
ANGEL AMARAL,
JACQUELINE SOMESSO,
TONY HELDORE,

shall forfeit to the United States pursuant to Title 21, United States Code, Section
853, any proceeds obtained, directly or indirectly, as the result of such offense and
any property used, or intended to be used, in any manner or part, to commit, or to
facilitate the commission of, the offense, including but not limited to:

a. $570,736.87 in U.S. Currency

b. $325,000 in U.S. Currency

c. 6 Cassidy Court, Pooler, Georgia

d. 325 Westbrook Court, Pooler, Georgia

e. 240 Deerwood Trail, Dublin, Georgia

Additionally, upon conviction of one or more of the Title 18 offenses set forth

in this Indictment, Defendants,

21
Case 4:22-cr-00114-JRH-CLR Document3 _ Filed 08/03/22 Page 22 of 22

DENNIS RODRIGUEZ KINCHEN,
JACQUELINE SOMESSO,

shall forfeit to the United States any firearms or ammunition used or intended to be
used in violation of the charged offense(s).

If any of the property described above, as a result of any act or commission of
the defendant:

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

b. has been transferred 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 of America shall be entitled to forfeiture of substitute property
pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title

28, United States Code, Section 2461(c).

A True Bill.

David H. Estes Mar} ela C. Mateo
United States Attorney Max} tant United States Attorney

he A. *Lead Counsel

E. Gree Gilluly
Assistant United States attorvey
Deputy Chief, Criminal Division

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