Information — United States v. Dana Adkins, Eastern District of Tennessee (Document 1)
Summary
Information filed May 17, 2023 as Document 1 in United States of America v. Dana Adkins, also known as "Dana Morris," Case 1:23-cr-00043-CEA-MJD, Eastern District of Tennessee at Chattanooga. Count One charges mail fraud under 18 U.S.C. § 1341, alleging that beginning in or about June 2020 and continuing until in or about January 2021 the defendant, aided and abetted by others, devised a scheme to defraud the government of the United States and various states by making false unemployment insurance claims, including to the Pennsylvania Department of Labor and Industry. It alleges that approximately $150,804 in debit cards were distributed to parties not entitled to receive the claims, and describes a July 6, 2020 mailing of an unemployment insurance debit card of $4,149.00. The information includes forfeiture allegations seeking a money judgment of $150,804.00.
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“Information — United States v. Dana Adkins, Eastern District of Tennessee (Document 1).”
Original at ecf.tned.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/information-usa-v-adkins-dkt-1-3d28316499/
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UNITED STATES DISTRICT COURT MAY 1 7 2023
EASTERN DISTRICT OF TENNESSEE
Clerk, U.S. District Court
AT CHATTANOOGA Eastern District of Tennessee
At Chattanooga
UNITED STATES OF AMERICA )
)
v. )
)
DANA ADKINS; )
Also known as, "Dana Morris" )
INFORMATION
COUNT ONE
MAIL FRAUD
(18 u.s.c. § 1341)
THE UNITED STATES ATTORNEY CHARGES THAT:
AT ALL TIMES MATERIAL HEREIN:
1. The defendant, DANA ADKINS, at all times relevant to the dates in the
Information, was a resident of Stevenson, Alabama.
2. Facts relating to COVID-19:
a. In December 2019, a novel coronavirus, SARS-Co V-2 (the "coronavirus"), was
first detected in Wuhan, Hubei Province of the People's Republic of China ("PRC"), causing
outbreaks of the coronavirus disease COVID-19 that have since spread globally. On January
31, 2020, the Secretary of Health and Human Services ("HHS") declared a national public health
emergency under 42 U.S.C. § 247d as a result of the spread of COVID-19 to and within the
United States. On March 11, 2020, the Director-General of the World Health Organization
("WHO") characterized COVID-19 as a pandemic. On March 13, 2020, the President of the
United States issued Proclamation 9994 declaring a national emergency beginning on March 1,
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2020, as a result of the rapid spread of COVID-19 within the United States.
b. Unemployment Insurance System: The Social Security Act of 1935 initiated the
unemployment insurance ("UI") system. · Ul payments were intended to provide temporary
financial assistance to lawful workers who were unemployed through no fault of their own.
Beginning in or around March 2020, in response to the COVID-19 pandemic, several federal
programs expanded UI eligibility and increased UI benefits. The UI system is administered for
the federal government by the state employment offices, and each state administrates a separate
unemployment benefits program under guidelines established by federal law.
1) In the State of Tennessee, the agency responsible for overseeing the
disbursement of unemployment insurance is the Tennessee Department of
Labor and Workforce Development ("TNL WD") which administers the
unemployment benefits system on behalf of the federal government,
specifically the United States Department of Labor ("DOL"). The DOL
funds all substantive and administrative costs for the TNL WD.
2) In order to qualify for unemployment insurance, an applicant must complete
an online application on TNLWD's website with the applicant's name, date of
birth, social security number, and other personal information. The applicant
can then file for weekly benefits by ce1tifying online that he/she is
unemployed and eligible for benefits.
3) Other states, such as Pennsylvania and California, likewise provide
unemployment insurance to their citizens in a similar fashion. In the State of
Pennsylvania, the agency responsible for program oversight is the
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Pennsylvania Department of Labor and Industry, (PADOL). In the State of
California, the agency responsible for program oversight is the California
Employment Development Department (CAEDD).
c. Federal Cares Act: On March 27, 2020, the Coronavirus Aid, Relief, and
Economic Security (CARES) Act was passed by Congress and signed into law by President
Donald J. Trump. The CARES Act included an economic relief package in excess of $2 trillion
designed to help the American people during the public health and economic crises related to the
pending coronavirus ("COVID-19") pandemic. The CARES Act provides for three new types
of unemployment benefits:
I) The Pandemic Unemployment Assistance ("PUA") program is a separate
benefit program designed to cover many people who do not qualify for regular
unemployment during the COVID-19 pandemic. This includes self-employed
individuals, independent contractors, and part-time workers affected by
COVID-19.
2) The Pandemic Emergency Unemployment Compensation ("PEUC") program
is an extension of regular unemployment benefits that offers unemployment
benefits up to thirteen (13) weeks beyond the number of weeks available from
regular unemployment. The CARES Act made these PEUC benefits
available to the unemployed between March 29, 2020, and December 26,
2020.
3) The Federal Pandemic Unemployment Compensation ("FPUC") program
provides an extra $600 per week in addition to regular or PUA unemployment
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payments between March 29, 2020 and July 25, 2020. The FPUC is available
for everyone on regular unemployment or PUA, except those on training
benefits.
d. In the State of Pennsylvania, the PADOL, based in Harrisburg, Pennsylvania,
administered the UI program. Those seeking UI benefits submitted online applications.
Applicants had to answer specific questions to establish eligibility to receive UI benefits,
including their name, Social Security Number (SSN), and mailing address, among other things.
Applicants also had to self-certify that they met a COVID-19-related reason for being
unemployed, partially employed, or unable to work. The PADOL relied upon the information in
the application to determine UI benefits eligibility. Once an application was approved, the
PADOL typically distributed state and federal UI benefits electronically to a debit card, which
claimants could use to withdraw funds and/or make purchases. These debit cards were sent via
the U.S. Postal Service or by a private and commercial interstate carrier to the address the
claimant provided. Claimants could activate their debit card via telephone or online.
THE SCHEME TO DEFRAUD:
3. Beginning in or about June 2020, and continuing until in or about January 2021, in
the Eastern District of Tennessee and elsewhere, the defendant, DANA ADKINS, aided and
abetted by others, devised and intended to devise a scheme and a1iifice to defraud the
government of the United States, governments of various states, and others, and to obtain money
and property by means of false and fraudulent pretenses, representations and promises. The
scheme and aiiifice to defraud and to obtain money so devised and intended to be devised by the
defendant was in substance as follows:
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4. It was part of the scheme to defraud that beginning in or about June 2020, the
defendant, DANA ADKINS, coordinated with others who had knowledge about making false
submissions to various states' UI programs and worked with them to create a system to make
mass false UI claims to those states.
5. It was further part of the scheme to defraud that between in or about June 2020, and
January 2021, the defendant, DANA ADKINS, obtained the personal information of other
individuals with which to make false UI claims in various states. The defendant obtained the
permission of these individuals to file false claims using their infonnation.
6. It was further part of the scheme to defraud that beginning in or about June 2020, the
defendant, DANA ADKINS, aided and abetted by others, utilized a personal computer located in
Alabama to submit false UI claims in various names to the state of Pennsylvania.
7. It was further part of the scheme to defraud that the defendant, DANA ADKINS,
worked with others to assist with the submission of false claims and referred false claimants to
one another. The defendant and R.A. worked together to submit false UI claims to the state of
Pennsylvania.
8. It was further part of the scheme to defraud that between in or about June 2020,
and January 2021, the defendant, DANA ADKINS, utilized a personal cellphone and
computer to submit false UI claims in various names to the state of Pennsylvania and
caused the PADOL to mail debit cards to the Eastern District of Tennessee.
9. It was further part of the scheme to defraud that between in or about June
2020 and January 2021 the defendant, DANA ADKINS, submitted false UI claims to
various states and caused to be distribu'ted approximately $150,804 in debit cards to parties
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who were not entitled to receive the claims.
THE EXECUTION:
Beginning in or about June 2020, and continuing until in or about January 2021, in
the Eastern District of Tennessee and elsewhere, the defendant, DANA ADKINS, with the intent
to defraud, devised and willfully pmticipated in, with knowledge of its fraudulent nature, the
above-described scheme and artifice to defraud and obtained money and property by materially
false and fraudulent pretenses, representations, and promises,
On or about July 6, 2020, in the Eastern District of Tennessee and elsewhere, for the
purpose of executing the above-described scheme and artifice to defraud, the defendant, DANA
ADKINS, knowingly caused to be delivered by mail and by private and commercial interstate
carrier to the place in the Eastern District of Tennessee at which the defendant directed it to be
delivered in connection with the following transaction:
COUNT DATE AMOUNT DESCRIPTION CONTENT OF
OF MAIL MAIL
1 On or about July $4,149.00 Mailing initiated Unemployment
6,2020 by PADOL Insurance Claim
through defendant Debit Card
Adkins sent to the
Eastern District of
Tennessee in the
name of KG.
The violation occurred in relation to and involving a benefit authorized, transported, transmitted,
transferred, disbursed, and paid in connection with a presidentially declared major disaster and
emergency. All in violation of Title 18 United States Code, Sections 1341 and 2.
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FORFEITURE ALLEGATIONS
1. The allegations contained in Count One of this Information are hereby realleged
and incorporated by reference for the purpose of alleging forfeiture pursuant to Title 18, United
States Code, Sections 98l(a)(l)(C) and Title 28, United States Code, Section 246l(c).
2. Pursuant to Title 18, United States Code, Section 98l(a)(I)(C) and Title 28,
United States Code, Section 2461 (c), upon conviction of an offense in violation of Title 18,
United States Code, Section 1341, the defendant, DANA ADKINS, shall forfeit to the United
States of America, any property, real or personal, which constitutes or is derived from proceeds
traceable to the offense. The properties to be forfeited include, but are not limited to, the
following:
a. A personal money judgment in the amount of $150,804.00 in favor of the United
States and against the defendant, DANA ADKINS, which represents the proceeds
the defendant personally obtained as a result of an offense in violation of Title 18,
United States Code, Section 1341.
3. Pursuant to Title 21, United States Code, Section 853(p), the defendant DANA
ADKINS, shall forfeit substitute property, up to the value of the property subject to forfeiture, if
by any act or omission of any of the defendants, said property, or any portion thereof:
a. cannot be located upon the exercise of due diligence;
b. has been transferred, 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 that cannot be divided
without difficulty;
the United States of America shall be entitled to forfeiture of substitute property pursuant
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to Title 21, United States Code, Section 853(p), as incorporated by Title 18, United States
Code, Section 982(b)(1 ).
FRANCIS M. HAMILTON III
United States Attorney
By Steven S. Neff
Steven S. Neff, BPR# GA 537187
Assistant United States Attorney
1110 Market Street, Suite 515
Chattanooga, TN 37402
Steven.Neff@usdoj.gov
(423) 752-5140
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