United States v. Daniel Ira Johnson — Plea Agreement, Middle District of Florida (Document 27)

Summary

A plea agreement in United States of America v. Daniel Ira Johnson, Case No. 6:22-cr-46-PGB-EJK, in the U.S. District Court for the Middle District of Florida, Orlando Division, filed November 22, 2022 as Document 27, between United States Attorney Roger B. Handberg, Johnson and defense attorney Joshua Lukman. Johnson agrees to plead guilty to Count One, transfer of a firearm to a non-resident, Count Three, conspiracy to commit wire fraud under 18 U.S.C. § 1349, and Count Five, aggravated identity theft under 18 U.S.C. § 1028A(a)(1); Counts Two and Four will be dismissed. Johnson agrees to make full restitution to the United States Department of Labor. The factual basis states that the PII of 53 unique individuals was used to file 75 claims for UI benefits in 19 states, with a potential loss of $1,989,738, and that $555,804 was paid.

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Case 6:22-cr-00046-PGB-EJK Document 27 Filed 11/22/22 Page 1 of 30 PagelD 87

AF Approval___ NA Chief Approval__ CAB

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA
V. CASE NO. 6:22-cr-46-PGB-EJK.
DANIEL IRA JOHNSON
PLEA AGREEMENT
Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by
Roger B. Handberg, United States Attorney for the Middle District of Florida,
and the defendant, DANIEL IRA JOHNSON, and the attorney for the

defendant, Joshua Lukman, mutually agree as follows:

A. _ Particularized Terms

1. Counts Pleading To
The defendant shall enter a plea of guilty to Counts One, Three
and Five of the Indictment. Count One charges the defendant with transfer of
a firearm to a non-resident, in violation of 18 U.S.C. §§ 922(a)(5) and
924(a)(1)(D). Count Three charges the defendant with conspiracy to commit
wire fraud in violation of 18 U.S.C. § 1349. Count Five charges the defendant

with aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1).

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2. Maximum Penalties

Count One carries a maximum sentence of five years’
imprisonment, a fine of up to $250,000, a term of supervised release of no
more than three years, and a special assessment of $100.

Count Three carries a maximum sentence of twenty years’
imprisonment, a fine of up to $250,000 or twice the gross gain caused by the
offense, or twice the gross loss caused by the offense, whichever is greater, a
term of supervised release of no more than three years, and a special
assessment of $100.

Count Five carries a mandatory sentence of two years’
imprisonment to be served consecutively to any term of imprisonment for any
other count, a maximum fine of $250,000, or twice the gross gain caused by
the offense, or twice the gross loss caused by the offense, whichever is greater,
a term of supervised release of not more than one year, and a special
assessment of $100.

With respect to certain offenses, the Court shall order the
defendant to make restitution to any victim of the offenses, and with respect to
other offenses, the Court may order the defendant to make restitution to any

victim of the offenses, or to the community, as set forth below.

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3. Elements of the Offenses

The defendant acknowledges understanding the nature and

elements of the offenses with which defendant has been charged and to which

defendant is pleading guilty.

The elements of Count One are:

First:

Second:

Third:

the Defendant willfully transferred, sold, or delivered a
firearm to another person;

at the time, neither the Defendant nor the person who
received the firearm was a licensed firearms dealer,
importer, manufacturer, or collector; and

the Defendant knew or had reasonable cause to believe
that the person who received the firearm did not reside in
the Defendant's state of residence.

The elements of Count Three are:

First:

Second:

two or more persons, in some way or manner,agreed to
try to accomplish a common and unlawful plan to commit
wire fraud, as charged in the indictment; and

the Defendant knew the unlawful purpose of the plan and
willfully joined in it.

The elements of wire fraud are:

First

Second:

Third:

the Defendant knowingly devised or participated in a
scheme to defraud someone by using false or fraudulent
pretenses, representations, or promises;

the false pretenses, representations, or promises were
about a material fact;

the Defendant acted with the intent to defraud; and

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Four: the Defendant transmitted or caused to be transmitted by
wire some communication in interstate commerce to help
carry out the scheme to defraud.

The elements of Count Five are:

First: the Defendant knowingly transferred, possessed, or used
another person’s means of identification;

Second: without lawful authority; and

Third: during and in relation to conspiracy to commit wire fraud,
as alleged in the indictment.

4. Counts Dismissed
At the time of sentencing, the remaining counts against the
defendant, Counts Two and Four, will be dismissed pursuant to Fed. R. Crim.
P. 11(c)(1)(A).
5. No Further Charges
If the Court accepts this plea agreement, the United States
Attorney's Office for the Middle District of Florida agrees not to charge
defendant with committing any other federal criminal offenses known to the
United States Attorney's Office at the time of the execution of this agreement
related to the conduct giving rise to this agreement.
6. Mandatory Restitution to Victim of Offense of Conviction
Pursuant to 18 U.S.C. § 3663A(a)(1), defendant agrees to make

full restitution to the United States Department of Labor.

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7. Guidelines Sentence

Pursuant to Fed. R. Crim. P. 11(c)(1)(B), the United States will
recommend to the Court that the defendant be sentenced within the
defendant’s applicable guidelines range as determined by the Court pursuant
to the United States Sentencing Guidelines, as adjusted by any departure the
United States has agreed to recommend in this plea agreement. The parties
understand that such a recommendation is not binding on the Court and that,
if it is not accepted by this Court, neither the United States nor the defendant
will be allowed to withdraw from the plea agreement, and the defendant will

not be allowed to withdraw from the plea of guilty.
8. Acceptance of Responsibility - Three Levels

At the time of sentencing, and in the event that no adverse
information is received suggesting such a recommendation to be unwarranted,
the United States will recommend to the Court that the defendant receive a
two-level downward adjustment for acceptance of responsibility, pursuant to
USSG § 3E1.1(a). The defendant understands that this recommendation or
request is not binding on the Court, and if not accepted by the Court, the
defendant will not be allowed to withdraw from the plea.

Further, at the time of sentencing, if the defendant's offense level

prior to operation of subsection (a) is level 16 or greater, and if the defendant

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complies with the provisions of USSG § 3E1.1(b) and all terms of this Plea
Agreement, including but not limited to, the timely submission of the financial
affidavit referenced in Paragraph B.5., the United States agrees to file a motion
pursuant to USSG § 3E1.1(b) for a downward adjustment of one additional
level. The defendant understands that the determination as to whether the
defendant has qualified for a downward adjustment of a third level for
acceptance of responsibility rests solely with the United States Attorney for the
Middle District of Florida, and the defendant agrees that the defendant cannot
and will not challenge that determination, whether by appeal, collateral attack,
or otherwise.
9, Forfeiture of Assets

The defendant agrees to forfeit to the United States immediately
and voluntarily any and all assets and property, or portions thereof, subject to
forfeiture, pursuant to 18 U.S.C. §§ 924(d)(1), 981(a)(1)(C) and 28 U.S.C. §
2461(c), whether in the possession or control of the United States, the
defendant or defendant's nominees.

The defendant agrees and consents to the forfeiture of these
assets pursuant to any federal criminal, civil judicial or administrative
forfeiture action. The defendant also agrees to waive all constitutional,

statutory and procedural challenges (including direct appeal, habeas corpus, or

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any other means) to any forfeiture carried out in accordance with this Plea
Agreement on any grounds, including that the forfeiture described herein
constitutes an excessive fine, was not properly noticed in the charging
instrument, addressed by the Court at the time of the guilty plea, announced at
sentencing, or incorporated into the judgment.

If the United States seeks the forfeiture of specific assets pursuant
to Rule 32.2(b)(4), the defendant agrees that the preliminary order of forfeiture
will satisfy the notice requirement and will be final as to the defendant at the
time it is entered. In the event the forfeiture is omitted from the judgment, the
defendant agrees that the forfeiture order may be incorporated into the written
judgment at any time pursuant to Rule 36.

The defendant agrees to take all steps necessary to identify and
locate all property subject to forfeiture and to transfer custody of such property
to the United States before the defendant’s sentencing. To that end, the
defendant agrees to make a full and complete disclosure of all assets over
which defendant exercises control directly or indirectly, including all assets
held by nominees, to execute any documents requested by the United States to
obtain from any other parties by lawful means any records of assets owned by
the defendant, and to consent to the release of the defendant’s tax returns for

the previous five years. The defendant further agrees to be interviewed by the

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government, prior to and after sentencing, regarding such assets and their
connection to criminal conduct. The defendant further agrees to be
polygraphed on the issue of assets, if it is deemed necessary by the United
States. The defendant agrees that Federal Rule of Criminal Procedure 11 and
USSG § 1B1.8 will not protect from forfeiture assets disclosed by the
defendant as part of the defendant’s cooperation.

The defendant agrees to take all steps necessary to assist the
government in obtaining clear title to the forfeitable assets before the
defendant’s sentencing. In addition to providing full and complete
information about forfeitable assets, these steps include, but are not limited to,
the surrender of title, the signing of a consent decree of forfeiture, and signing
of any other documents necessary to effectuate such transfers.

Forfeiture of the defendant's assets shall not be treated as
satisfaction of any fine, restitution, cost of imprisonment, or any other penalty
the Court may impose upon the defendant in addition to forfeiture.

The defendant agrees that, in the event the Court determines that
the defendant has breached this section of the Plea Agreement, the defendant
may be found ineligible for a reduction in the Guidelines calculation for
acceptance of responsibility and substantial assistance and may be eligible for

an obstruction of justice enhancement.

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The defendant agrees that the forfeiture provisions of this plea
agreement are intended to, and will, survive the defendant, notwithstanding
the abatement of any underlying criminal conviction after the execution of this
agreement. The forfeitability of any particular property pursuant to this
agreement shall be determined as if the defendant had survived, and that
determination shall be binding upon defendant’s heirs, successors and assigns
until the agreed forfeiture, including any agreed forfeiture amount, is collected
in full.

B. Standard Terms and Conditions

1. Restitution, Special Assessment and Fine

The defendant understands and agrees that the Court, in addition
to or in lieu of any other penalty, shall order the defendant to make restitution
to any victim of the offenses, pursuant to 18 U.S.C. § 3663A, for all offenses
described in 18 U.S.C. § 3663A(c)(1); and the Court may order the defendant
to make restitution to any victim of the offenses, pursuant to 18 U.S.C. § 3663,
including restitution as to all counts charged, whether or not the defendant
enters a plea of guilty to such counts, and whether or not such counts are
dismissed pursuant to this agreement. The defendant further understands that
compliance with any restitution payment plan imposed by the Court in no

way precludes the United States from simultaneously pursuing other statutory

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remedies for collecting restitution (28 U.S.C. § 3003(b)(2)), including, but not
limited to, garnishment and execution, pursuant to the Mandatory Victims
Restitution Act, in order to ensure that the defendant's restitution obligation is
satisfied.

On.each count to which a plea of guilty is entered, the Court shall
impose a special assessment pursuant to 18 U.S.C. § 3013. The special
assessment is due on the date of sentencing. The defendant understands that
this agreement imposes no limitation as to fine.

2. Supervised Release

The defendant understands that the offense(s) to which the
defendant is pleading provide(s) for imposition of a term of supervised release
upon release from imprisonment, and that, if the defendant should violate the
conditions of release, the defendant would be subject to a further term of
imprisonment.

3. Immigration Consequences of Pleading Guilty

The defendant has been advised and understands that, upon
conviction, a defendant who is not a United States citizen may be removed
from the United States, denied citizenship, and denied admission to the

United States in the future.

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4. Sentencing Information
The United States reserves its right and obligation to report to the
Court and the United States Probation Office all information concerning the
background, character, and conduct of the defendant, to provide relevant
factual information, including the totality of the defendant's criminal activities,
if any, not limited to the counts to which defendant pleads, to respond to
comments made by the defendant or defendant's counsel, and to correct any
misstatements or inaccuracies. The United States further reserves its right to
make any recommendations it deems appropriate regarding the disposition of
this case, subject to any limitations set forth herein, if any.
5. Financial Disclosures
Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P.
32(d)(2)(A)(i), the defendant agrees to complete and submit to the United
States Attorney's Office within 30 days of execution of this agreement an
affidavit reflecting the defendant's financial condition. The defendant
promises that his financial statement and disclosures will be complete,
accurate and truthful and will include all assets in which he has any interest or
over which the defendant exercises control, directly or indirectly, including
those held by a spouse, dependent, nominee or other third party. The

defendant further agrees to execute any documents requested by the United

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States needed to obtain from any third parties any records of assets owned by
the defendant, directly or through a nominee, and, by the execution of this
Plea Agreement, consents to the release of the defendant's tax returns for the
previous five years. The defendant similarly agrees and authorizes the United
States Attorney's Office to provide to, and obtain from, the United States
Probation Office, the financial affidavit, any of the defendant's federal, state,
and local tax returns, bank records and any other financial information
concerning the defendant, for the purpose of making any recommendations to
the Court and-for collecting any assessments, fines, restitution, or forfeiture
ordered by the Court. The defendant expressly authorizes the United States
Attorney's Office to obtain current credit reports in order to evaluate the
defendant's ability to satisfy any financial obligation imposed by the Court.
6. Sentencing Recommendations

It is understood by the parties that the Court is neither a party to
nor bound by this agreement. The Court may accept or reject the agreement
or defer a decision until it has had an opportunity to consider the presentence
report prepared by the United States Probation Office. The defendant
understands and acknowledges that, although the parties are permitted to
make recommendations and present arguments to the Court, the sentence will

be determined solely by the Court, with the assistance of the United States

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Probation Office. Defendant further understands and acknowledges that any
discussions between defendant or defendant's attorney and the attorney or
other agents for the government regarding any recommendations by the
government are not binding on the Court and that, should any
recommendations be rejected, defendant will not be permitted to withdraw
defendant's plea pursuant to this plea agreement. The government expressly
reserves the right to support and defend any decision that the Court may make
with regard to the defendant's sentence, whether or not such decision is
consistent with the government's recommendations contained herein.

7. Defendant's Waiver of Right to Appeal the Sentence

The defendant agrees that this Court has jurisdiction and

authority to impose any sentence up to the statutory maximum and expressly
waives the right to appeal defendant's sentence on any ground, including the
ground that the Court erred in determining the applicable guidelines range
pursuant to the United States Sentencing Guidelines, except (a) the ground
that the sentence exceeds the defendant's applicable guidelines range as
determined by the Court pursuant to the United States Sentencing Guidelines;
(b) the ground that the sentence exceeds the statutory maximum penalty; or (c)
the ground that the sentence violates the Eighth Amendment to the

Constitution; provided, however, that if the government exercises its right to

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appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then the
defendant is released from his waiver and may appeal the sentence as
authorized by 18 U.S.C. § 3742(a).
8. Middle District of Florida Agreement
It is further understood that this agreement is limited to the
Office of the United States Attorney for the Middle District of Florida and
cannot bind other federal, state, or local prosecuting authorities, although this
office will bring defendant's cooperation, if any, to the attention of other
prosecuting officers or others, if requested.
9. Filing of Agreement
This agreement shall be presented to the Court, in open court or
in camera, in whole or in part, upon a showing of good cause, and filed in this
cause, at the time of defendant's entry of a plea of guilty pursuant hereto.
10. Voluntariness
The defendant acknowledges that defendant is entering into this
agreement and is pleading guilty freely and voluntarily without reliance upon
any discussions between the attorney for the government and the defendant
and defendant's attorney and without promise of benefit of any kind (other
than the concessions contained herein), and without threats, force,

intimidation, or coercion of any kind. The defendant further acknowledges

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defendant's understanding of the nature of the offense or offenses to which
defendant is pleading guilty and the elements thereof, including the penalties
provided by law, and defendant's complete satisfaction with the representation
and advice received from defendant's undersigned counsel (if any). The
defendant also understands that defendant has the right to plead not guilty or
to persist in that plea if it has already been made, and that defendant has the
right to be tried by a jury with the assistance of counsel, the right to confront
and cross-examine the witnesses against defendant, the right against
compulsory self-incrimination, and the right to compulsory process for the
attendance of witnesses to testify in defendant's defense; but, by pleading
guilty, defendant waives or gives up those rights and there will be no trial.
The defendant further understands that if defendant pleads guilty, the Court
may ask defendant questions about the offense or offenses to which defendant
pleaded, and if defendant answers those questions under oath, on the record,
and in the presence of counsel (if any), defendant's answers may later be used
against defendant in a prosecution for perjury or false statement. The
defendant also understands that defendant will be adjudicated guilty of the
offenses to which defendant has pleaded and, if any of such offenses are
felonies, may thereby be deprived of certain rights, such as the right to vote, to

hold public office, to serve on a jury, or to have possession of firearms.

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11. Factual Basis
Defendant is pleading guilty because defendant is in fact guilty.
The defendant certifies that defendant does hereby admit that the facts set
forth in the attached-"Factual Basis," which is incorporated herein by
reference, are true, and were this case to go to trial, the United States would be
able to prove those specific facts and others beyond a reasonable doubt.

12. Entire Agreement

This plea agreement, including Exhibit A, constitutes the entire
agreement between the government and the defendant with respect to the
aforementioned guilty plea and no other promises, agreements, or
representations exist or have been made to the defendant or defendant's
attorney with regard to such guilty plea.

13. Certification

The defendant and defendant's counsel certify that this plea

agreement has been read in its entirety by (or has been read to) the defendant

and that defendant fully understands its terms.

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DATED this Qed day of November, 2022.

DANIEL IRA JOHNSON
Defendant

Attorney for Defendant

Defendant’s Initials Joa

ROGER B. HANDBERG
United States Attorney

17

Dana E. Hill
Assistant United States Attorney

Chauncey
Assistant United States Attorney
Deputy Chief, Orlando Division
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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 6:22-cr-46-PGB-EJK
DANIEL IRA JOHNSON
PERSONALIZATION OF ELEMENTS
Count One:

First: Did you willfully transfer, sell, or deliver a firearm to
another person?

Second: At the time, neither you nor the recipient of the firearm
were a licensed firearms dealer, importer, manufacturer, or
collector, correct?

Third: Did you know, or have reasonable cause to believe, that
the person who received the firearm did not reside in
Florida?

Count Three:

Furst: Did two or more persons, in some way or manner, agree
to try to accomplish a common and unlawful plan to
commit wire fraud?

Second: Did you know the unlawful purpose of the plan and

willfully join in it?

As to the unlawful plan in which you willfully joined:

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Third:

Fourth:

Third:

Four:

Count Five:

First:

Second:

Third:

Did you knowingly devise or participate in a scheme to
defraud someone by using false or fraudulent pretenses,
representations, or promises?

Were the false pretenses, representations, or promises were
about a material fact?

Did you act with the intent to defraud?
Did you transmit or cause to be transmitted by wire some

communication in interstate commerce to help carry out
the scheme to defraud?

Did you knowingly transfer, possess, or use another
person’s means of identification?

Did you do this without lawful authority?

Did you do this during and in relation to conspiracy to
commit wire fraud,-as charged in the indictment?

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
Vv. CASE NO. 6:22-cr-46-PGB-EJK

DANIEL IRA JOHNSON

FACTUAL BASIS

In the course of an investigation into international firearms trafficking
into the U.K. and Saint Kitts and Nevis, investigators from the United
Kingdom arrested an individual named Dion Roberts on or about January 31,
2020. Evidence obtained in the U.K investigation was provided: to the United
States prompting an investigation by the U.S. Department of Commerce
Bureau of Industry and Security (BIS) and U.S. Homeland Security
Investigations (HSI). Separately, in August 2020, the United States Postal
Inspection Service (USPIS) initiated an investigation into COVID-19 relief
fraud. These two investigations yielded the following true facts about
DANIEL IRA JOHNSON:

International Firearms Shipping

After arresting Dion Roberts for receiving firearms from the United
States through international mail, Investigators from the United Kingdom

retrieved a cellular phone from Roberts. This cellular phone revealed that, in

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December 2019 and January 2020, Roberts was communicating via an
encrypted application with an account associated with a phone number 407-
XxXx-xx55 that was used by an individual described as “Shotta.” This
individual was JOHNSON. Through.a series of audio messages and phone
calls, JOHNSON and Roberts discussed how to ship firearms to the U.K. by
packaging them into safes and then sending the safes through the U.S. postal
service to the United Kingdom. On December 14, 2019, Roberts left an audio
message for JOHNSON explaining how to package the firearms into a safe
and ship it through the U.S. Mail. On December 15, 2019, at 2:42-p.m.,
JOHNSON texted Roberts “Daniel Johnson” and an.address on Cason Cove
Drive in Orlando that was JOHNSON ’s correct home address. He then left a
voice message on Roberts’s phone saying “That's my address, my name but
what you're sending me ain't that that crazy,” referring to the fact that
receiving a safe in the mail was not illegal. On December 15, 2019, Roberts
ordered two safes from an online retailer to be delivered to JOHNSON’s home
address. On December 16, 2019, at approximately 9:12 p.m., JOHNSON
texted Roberts he would “start putting some things together to put inside and
send.”

On December 17, 2019, starting at 2:55 p.m., Rogers and Johnson

exchanged encrypted voice and text messages about purchasing safes. Roberts

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said, among other things, “you am gonna wrap it up with shrink wrap, you
know that black stuff... . . put it in the next box, similar size, wrap that box
again and then you just put on the address.and when you go deliver it, .. .
just show them as car parts ” JOHNSON responded that he wanted to “do
this strategically” and “do this the right way.” Later that day, at
approximately 9:30 p.m., Roberts reiterated “when you are going to send it
you just Jet them know it's car parts.”

On December 20, 2019, Roberts sent an encrypted text message with
the address on Cambridge Street in Rugby England with a fake name “John
Bob Walton.” Johnson responded “I just wanna put one or two 'tools' in there
just to test it out.” Roberts asked “you have any 'grades' What 'grades' you
have at the minute?” JOHNSON responded “all I got in right now is some
Platinum Cookies and some erm some AK47, that's alli got right now at the
moment, you hear me?”

On December 20, 2019, JOHNSON left a WhatsApp voice message for
Roberts indicating that he had sent a picture of what was in the safe. There
was a photo recovered from Roberts’ phone that was deleted moments before

that message.

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On December 30, 2019, at 2:18 p.m., Roberts again sent the address to
JOHNSON “John Bob Walton” with a street address on “Cambridge Street
Rugby” and “England United Kingdom.” Johnson replied to Roberts by
stating “Do I write it exactly like that?” and Roberts affirmed “yea.”

Parcel Force Worldwide records show that, on December 31, 2019, a
shipment was made from an address in Orlando to “John Walton” to the
street address previously texted between Roberts and JOHNSON on
“Cambridge Street, Rugby, Great Britain” that was described as a
“Carburetor.” This package was delivered and recovered. It contained a
Springfield XD9 pistol.

On December 30, 2019, starting 4:54 p.m., Roberts and Johnson traded
text and audio messages in which Roberts asked “Did they axe you what’s in
the package?” JOHNSON responded “Car parts . . . they asked specifically
what type and I said carburetters.” Roberts responded “Okay yeah that cool,

you tell them two carburettors yeah that cool. That even match the perfect

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amount of weight what's there. so that good. So, So those two things - what
are they?” JOHNSON responded “In there is a XD9, XD9 in there, that's all I
putin there. That's all able to fit.” Roberts asked “two more, they are ready?”
and JOHNSON responded that “next time I'm be even extra cautious.”

On January 8, 2020, JOHNSON and Roberts exchanged audio
messages about a video of the guns he intended to send. JOHNSON texted “I
know for sure I'm gonna be sending you a Sig Profile” and then “The SIG is
the one to the far left in the video.” JOHNSON continued “That's the whole
arsenal right there homey. . . that's the arsenal right there, you like?” Over the
course of the next few weeks, Johnson and Roberts exchanged numerous
messages about firearms trafficking. Among other things, Johnson and
Roberts explicitly discuss whether to include ammunition with the firearms.

On January 16, 2020, at 1:33 p.m., Johnson told Roberts he would go
to the post office within the hour and send the “number.” Later that day,
Johnson sent a photograph containing the shipping receipt with a tracking
number that was for a shipment from a U.S. Post Office from Orlando. Parcel
Force shipping records show that this shipment was sent from Orlando to
“John B. Walton” at an address.on “Cambridge Street, Rugby, Great Britain”
and was described as a “Car Water Pump.” On January 24, 2020, UK Border

Force Officer Teladia inspected the package and found that it contained a safe

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and two firearms inside of the safe. The two firearms were a Springfield XD9,
9mm caliber pistol and a SigSauer P220, .45 caliber pistol.

At all relevant times, neither JOHNSON nor Roberts.were a licensed
firearms dealer, importer, manufacturer, or collector; and JOHNSON knew
that Roberts did not reside in Florida.

Wire Fraud

On August 3, 2020, a clerk at the U.S. Post Office in Plymouth, Florida
reported two. individuals who appeared to be trading debit cards at the post
office as they purchased $2,500 and $2,000 in money orders. Upon
investigation, the transactions at this post office involved the use of two debit
cards — ending in x7871 and x3699 — that were linked to fraudulently opened
accounts containing unemployment benefits obtained through California’s
unemployment insurance system California Employment Development
Department (CA EDD).

CA EDD is one of several state agencies that pay unemployment
insurance (UI) benefits to eligible workers in accordance with federal laws and
regulations. The Coronavirus Aid, Relief, and Economic Security (CARES)
Act was passed by the U.S. Congress and signed into law on March 27, 2020.
The federal CARES Act expanded UI benefits to people affected by COVID-

19 in a number of ways. CA EDD authorized UI benefits to be paid in the

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form of a direct deposit into a claimant’s designated bank account or into a
new bank account that would be opened in the claimant’s name with a debit
card issued to the claimant. A claimant eligible for UI benefits through CA
EDD could obtain them by completing an online application. The application
process required such a claimant to provide their name, along with their date
of birth, social security number, and/or other such personal identifier
information (“PII”). When the application was granted, CA EDD would
typically issue a debit card to the address provided by the claimant and
disburse whatever UI benefits had accrued for the period of unemployment
claimed in the application. Other state agencies, including West Virginia
Workforce (WV Workforce), employed systems to administer UI benefits that
were vulnerable to the same fraudulent scheme to obtain UI benefits that the
conspirators employed to fraudulently obtain UI benefits from CA EDD.
Based on an investigation into the debit cards ending in x7871 and
x3699, investigators found similarly structured transactions involving postal
orders and other similar identifiers (bank accounts, IP addresses, address to
receive fraudulently obtained cards). This analysis indicated that there were
numerous fraudulent unemployment accounts opened (or opened in the area).
The accounts showed a pattern where perpetrators would use stolen PII to

open an account for an individual. When the COVID-19/UI Benefits were

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Case 6:22-cr-00046-PGB-EJK Document 27 Filed 11/22/22 Page 27 of 30 PagelD 113

loaded into the account, the conspirators would drain the account — primarily
by using the debit cards to withdraw cash from ATMs and purchase money

orders from U.S. Post Offices. These accounts included:

Last 4 | Identity Opened. UI Benefits Balance | Card mailed

Digits | Stolen on: Deposited as of to:

3699 | CC. 7/13/20 CA EDD $16,200, | $90.32, Miami, FL
(Michigan). 7/13/20 8/3/20

7871 | T.W.-1 7/22/20 CA EDD $16,200, | $0.11, Orlando, FL
(Maine) 7/22/20 8/10/20

3024 | T.W.-3 7/20/20 CA EDD $16,400, | $41.32 Leesburg, FL

These unemployment benefits were applied for on behalf of C.C., T.W.-1, and
T.W.-3 using their PII and without their knowledge and consent. On each
occasion, the conspirators, including JOHNSON, through their fraudulent
scheme, caused CA EDD to open unemployment insurance accounts in the
names of these individuals, without their knowledge and consent, that were
held at Bank of America and cause CA EDD to transfer UI benefits into those
accounts through Automated Clearing House (ACH) interstate wires.
JOHNSON used a debit card ending #3699 to withdraw $300 at an
ATM and purchase three $1,000 money orders and two $500 money orders
made payable to a relative of JOHNSON. The x7871 debit card was mailed

to a relative of JOHNSON and JOHNSON used that card to make four ATM

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withdrawals of $1,000 each as well as to purchase two $1,000 money orders
payable to himself and two $1,000 money orders payable to a relative.

In the course of an independent firearms investigation, law enforcement
seized: and imaged JOHNSON ’s cellular phone at an international border
crossing on Memorial Day 2021. An examination of that phone indicated
that JOHNSON, under the name “Lajon Black,” communicated with other
conspirators about PII theft and COVID-19 relief fraud.

On October 7, 2020, JOHNSON texted Conspirator-1 instructions for
how to commit unemployment fraud through Texas’s unemployment website.
These instructions included such tips about which banks “work perfect,” the
limits on ATM withdrawals, auto “cleaning” of computers, masking IP
addresses and using the “same city” for each login, that “[o]ne awesome thing
about Texas UE is that it doesn't require same state social any state will
work,” and to pick “any date in 2018” for “last date worked” on the
application. Also on October 7, 2020, JOHNSON texted Conspirator-1 the
address where the debit card ending in #7871 was sent along with a last name.
On January 3, 2021, Conspirator-1 texted an image to JOHNSON with social
security numbers and birthdates of three individuals. The PII of two of these
individuals was used to file fake COVID unemployment claims in October

2020 and March 2020.

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On August 16, 2020, JOHNSON texted Conspirator-2 instructions for
how to file false unemployment claims, including texts of photos of the
California unemployment website. Conspirator-2 texted JOHNSON a movie
from a phone showing an individual using a laptop to fill out unemployment
claims on the CA unemployment website. Surrounding texts make clear that
the purpose of the movie was for Conspirator-2 to show JOHNSON on what
pages Conspirator-2 was having difficulty filing the false COVID-19 relief
claims for unemployment insurance. On October 2, 2020, JOHNSON texted
PII to Conspirator-2 along with the address in Orlando where the debit card.
associated with Account #7871 was sent. On October 4, 2020, JOHNSON
texted multiple individuals’ PII to Conspirator-2. On October 8, 2020,
JOHNSON texted a movie showing how to fill out a false unemployment
claim on the state of Nevada’s unemployment website using the PII of an
individual with the initials L.S.

JOHNSON also communicated with Conspirator-3 about COVID-19
fraud. On October 2, 2020, JOHNSON texted “I need your address asap”
and Conspirator-3 texted back two addresses — one of which was the address
where debit card #7871 was sent. On October 13, 2020, JOHNSON texted
multiple images of PII to Conspirator-3 including T.W.-1’s PI, used to open

card #7871. In that same text, JOHNSON texted an image of the PII of

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another victim, T.W.-2, to Conspirator-3. On October 21, 2020, a fraudulent
claim for UI benefits was filed in West Virginia on behalf of T.W.-2.

The United States Department of Labor has identified the total number
of accounts compromised by JOHNSON and his conspirators. This analysis
shows that the PII of 53 unique individuals’ PII were compromised and used
to file a total of 75 claims in 19 states. Had all of the claims been paid, this
would have resulted in a loss of $1,989,738. Some claims were identified as
fraudulent and denied. A total of $555,804 was paid to JOHNSON and his
conspirators in this case based on the false claims made.

In all of this conduct, two or more persons agreed to try to accomplish a
common and unlawful plan to commit wire fraud and JOHNSON knew the
unlawful plan and willfully joined in it. In this plan, JOHNSON devised or
participated in a scheme to defraud the United States Department of Labor via
state unemployment systems by using false and fraudulent pretenses and
representations about material facts with the intent to defraud and employed a
wire in interstate commerce to carry out this scheme. In addition, JOHNSON
used a means of identification of other persons, including T.W.-2, during and

in relation to the unlawful plan and scheme described above.

Defendant’s Initials Iy=y 30


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