United States v. Sylvester Atekwane — Plea Agreement Letter, District of Maryland (Document 46)

Summary

A plea agreement letter dated June 15, 2022 from Assistant United States Attorney Zachary H. Ray to defense counsel Devin Prater in United States v. Sylvester Atekwane, Criminal No. RDB-21-338-003, filed July 13, 2022 as Document 46 in the U.S. District Court for the District of Maryland. Atekwane agrees to plead guilty to Count One, conspiracy to commit wire fraud under 18 U.S.C. § 1349, which carries a maximum of 20 years in prison. The parties stipulate to a loss of at least $250,000 and more than 10 victims, an anticipated offense level of 20, and restitution of at least $250,000. The attached statement of facts describes an unemployment insurance scheme in which at least $150,000 from 61 different victims was sent to the defendant's address, and states that the entire scheme involved at least $2.7 million and over 600 individual victims.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 1 of 24 Feo —— ENTERED
_____ LOGGED RECEIVED

U.S. Department of Justice 4:48 pm, Jul 13 2022
AT BALTIMORE

United States Attorney CLERK, U.S. DISTRICT COURT
District of Maryland DISTRICT OF MARYLAND
Northern Division By __________Deputy
Zachary H. Ray Mailing Address: Office Location: DIRECT: 410-209-4990
Assistant United States Attorney 36 S. Charles Street, 4th Floor 36 S. Charles Street, 4th Floor MAIN: 410-209-4800
Zachary.Ray@usdoj.gov Baltimore, MD 21201 Baltimore, MD 21201 FAX: 410-962-0716

June 15, 2022

Devin Prater

100 South Charles Street,
9th Floor,

Baltimore, Maryland 21201

Re: United States v. Sylvester Atekwane
Criminal No. RDB-21-338-003

Dear Counsel:

This letter, together with the Sealed Supplement, confirms the plea agreement (this
Agreement”) that has been offered to your client, Sylvester Atekwane (hereinafter “Defendant”),
by the United States Attorney’s Office for the District of Maryland (“this Office”). Ifthe Defendant
accepts this offer, please have the Defendant execute it in the spaces provided below. If this offer
has not been accepted by June 22, 2022, it will be deemed withdrawn. The terms of the Agreement
are as follows:

Offense(s) of Conviction

L. The Defendant agrees to plead guilty to Count One of the Indictment, which
charges the Defendant with Conspiracy to Commit Wire Fraud, in violation of 18 U.S.C. § 1349.
The Defendant admits that the Defendant is, in fact, guilty of the offense(s) and will so advise the
Court.

Elements of the Offenses

2. The elements of the offenses to which the Defendant has agreed to plead guilty, and
which this Office would prove if the case went to trial, are as follows:

a. Count One — Conspiracy to Commit Wire Fraud, 18 U.S.C. § 1349

i. The Defendant and at least one other person entered into an unlawful
agreement;

ii. The purpose of the agreement was to knowingly execute or attempt to execute a

scheme and artifice to defraud or to obtain money by means of materially false
and fraudulent pretenses, representations, and promises, and to use or cause the

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 2 of 11

use of the mails (or a private or commercial carrier or interstate wires) as charged
in the Indictment; and

ili. The Defendant knowingly and willfully became a member of the conspiracy.

Penalties
3. The maximum penalties provided by statute for the offense(s) to which the
Defendant is pleading guilty are as follows:
Count Seaute Minimum Maximum Supervised Maximum Special
Prison Prison Release Fine Assessment
$250,000
18 U.S.C. or twice
1 § 1349 N/A 20 years 3 years — $100
gain/loss
a. Prison: If the Court orders a term of imprisonment, the Bureau of Prisons
has sole discretion to designate the institution at which it will be served.
b. Supervised Release: If the Court orders a term of supervised release, and

the Defendant violates the conditions of supervised release, the Court may order the Defendant
returned to custody to serve a term of imprisonment as permitted by statute, followed by an
additional term of supervised release.

Bi Restitution: The Court may order the Defendant to pay restitution pursuant
to 18 U.S.C. §§ 3663, 3663A, and/or 3664.

d. Payment: Ifa fine or restitution is imposed, it shall be payable immediately,
unless the Court orders otherwise under 18 U.S.C. § 3572(d). The Defendant may be required to
pay interest if the fine is not paid when due.

e. Forfeiture: The Court may enter an order of forfeiture of assets directly
traceable to the offense, substitute assets, and/or a money judgment equal to the value of the
property subject to forfeiture.

f. Collection of Debts: If the Court imposes a fine or restitution, this Office’s
Financial Litigation Unit will be responsible for collecting the debt. If the Court establishes a
schedule of payments, the Defendant agrees that: (1) the full amount of the fine or restitution is
nonetheless due and owing immediately; (2) the schedule of payments is merely a minimum
schedule of payments and not the only method, nor a limitation on the methods, available to the
United States to enforce the judgment; and (3) the United States may fully employ all powers to
collect on the total amount of the debt as provided by law. Until the debt is paid, the Defendant
agrees to disclose all assets in which the Defendant has any interest or over which the Defendant
exercises direct or indirect control. Until the money judgment is satisfied, the Defendant authorizes
this Office to obtain a credit report in order to evaluate the Defendant’s ability to pay, and to

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 3 of 11

request and review the Defendant’s federal and state income tax returns. The Defendant agrees to
complete and sign a copy of IRS Form 8821 (relating to the voluntary disclosure of federal tax
return information) and a financial statement in a form provided by this Office.

Waiver of Rights

4. The Defendant understands that by entering into this Agreement, the Defendant
surrenders certain rights as outlined below:

a. If the Defendant had pled not guilty and persisted in that plea, the Defendant
would have had the right to a speedy jury trial with the close assistance of competent counsel. That

trial could be conducted by a judge, without a jury, if the Defendant, this Office, and the Court all
agreed.

b. If the Defendant elected a jury trial, the jury would be composed of twelve
individuals selected from the community. Counsel and the Defendant would have the opportunity
to challenge prospective jurors who demonstrated bias or who were otherwise unqualified, and
would have the opportunity to strike a certain number of jurors peremptorily. All twelve jurors
would have to agree unanimously before the Defendant could be found guilty of any count. The
jury would be instructed that the Defendant was presumed to be innocent, and that presumption
could be overcome only by proof beyond a reasonable doubt,

C. If the Defendant went to trial, the Government would have the burden of
proving the Defendant guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the Government’s witnesses. The Defendant would not have to present
any defense witnesses or evidence whatsoever. If the Defendant wanted to call witnesses in
defense, however, the Defendant would have the subpoena power of the Court to compel the
witnesses to attend.

d. The Defendant would have the right to testify in the Defendant’s own
defense if the Defendant so chose, and the Defendant would have the right to refuse to testify. If
the Defendant chose not to testify, the Court could instruct the jury that they could not draw any
adverse inference from the Defendant’s decision not to testify.

e. If the Defendant were found guilty after a trial, the Defendant would have
the right to appeal the verdict and the Court’s pretrial and trial decisions on the admissibility of
evidence to see if any errors were committed which would require a new trial or dismissal of the
charges. By pleading guilty, the Defendant knowingly gives up the right to appeal the verdict and
the Court’s decisions.

a By pleading guilty, the Defendant will be giving up all of these rights,
except the right, under the limited circumstances set forth in the “Waiver of Appeal” section below,
to appeal the sentence. By pleading guilty, the Defendant understands that the Defendant may have
to answer the Court’s questions both about the rights being given up and about the facts of the
case. Any statements that the Defendant makes during such a hearing would not be admissible
against the Defendant during a trial except in a criminal proceeding for perjury or false statement.

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 4 of 11

g. If the Court accepts the Defendants guilty plea, the Defendant will be
giving up the right to file and have the Court rule on pretrial motions, and there will be no further

trial or proceeding of any kind in the above-referenced criminal case, and the Court will find the
Defendant guilty.

h. By pleading guilty, the Defendant will also be giving up certain valuable
civil rights and may be subject to deportation or other loss of immigration status, including possible
denaturalization. The Defendant recognizes that if the Defendant is not a citizen of the United
States, or is a naturalized citizen, pleading guilty may have consequences with respect to the
Defendant’s immigration status. Under federal law, conviction for a broad range of crimes can
lead to adverse immigration consequences, including automatic removal from the United States.
Removal and other immigration consequences are the subject of a separate proceeding, however,
and the Defendant understands that no one, including the Defendant’s attorney or the Court, can
predict with certainty the effect of a conviction on immigration status. The Defendant is not relying
on any promise or belief about the immigration consequences of pleading guilty. The Defendant
nevertheless affirms that the Defendant wants to plead guilty regardless of any potential
immigration consequences.

Advisory Sentencing Guidelines Apply

5. The Defendant understands that the Court will determine a sentencing guidelines
range for this case (henceforth the “advisory guidelines range”) pursuant to the Sentencing Reform
Act of 1984 at 18 U.S.C. § 3551-3742 (excepting 18 U.S.C. § 3553(b)(1) and 3742(e)) and
28 U.S.C. §§ 991 through 998. The Defendant further understands that the Court will impose a
sentence pursuant to the Sentencing Reform Act, as excised, and must take into account the
advisory guidelines range in establishing a reasonable sentence.

Factual and Advisory Guidelines Stipulation

6. This Office and the Defendant stipulate and agree to the Statement of Facts set forth
in Attachment A, which is incorporated by reference herein. This Office and the Defendant further
agree that:

a. Count One:

i. The applicable base offense level is 7, pursuant to United States Sentencing
Guidelines (“U.S.S.G.”) §2B1.1(a)(1).

a. The offense level is increased an additional 12 levels, pursuant to U.S.S.G,
§ 2B1.1(b)(1)(1), because the actual loss in this case was at least $250,000;

b. The offense level is increased an additional 2 levels pursuant to U.S.S.G.
§ 2B1.1(b)(2)(A), because the offenses involved more than 10 victims;

c. The offense level is increased and additional 2 levels pursuant to U.S.S.G.
§ 2B1.1(b)(11)(C)(i), because the offenses involved the unauthorized

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page5of11

transfer/use of identification unlawfully to obtain other means of
identification.

d. This Office does not Oppose a 2-level reduction in the Defendant’s
adjusted offense level pursuant to U.SS.G. § 3E1.1(a) based upon the
Defendant’s apparent Prompt recognition and affirmative acceptance of
personal responsibility for the Defendant’s criminal conduct. This Office
agrees to make a motion pursuant to U.S.S.G. § 3E1.1(b) for an additional
1-level decrease in recognition of the Defendant’s timely notification of
the Defendant’s intention to enter a plea of guilty. This Office may oppose
any adjustment for acceptance of responsibility under U.S.S.G. §
3E1.1(a), and may decline to make a motion pursuant to U.S.S.G. §
3E1.1(b), if the Defendant: (i) fails to admit each and every item in the
factual stipulation; (ii) denies involvement in the offense; (iii) gives
conflicting statements about the Defendant’s involvement in the offense;
(iv) is untruthful with the Court, this Office, or the United States Probation
Office; (v) obstructs or attempts to obstruct justice prior to sentencing;
(vi) engages in any criminal conduct between the date of this Agreement
and the date of sentencing; (vii) attempts to withdraw the plea of guilty;
or (viii) violates this Agreement in any way.

¢. Accordingly, the resulting ANTICIPATED offense level, after
reduction for acceptance of responsibility, is 20.

7. There is no agreement as to the Defendant’s criminal history and the Defendant
understands that the Defendant’s criminal history could alter the Defendant’s offense level.
Specifically, the Defendant understands that the Defendant’s criminal history could alter the final
offense level if the Defendant is determined to be a career offender or if the instant offense was a
part of a pattern of criminal conduct from which the Defendant derived a substantial portion of the
Defendant’s income.

8. Other than as set forth above, no other offense characteristics, sentencing guidelines
factors, potential departures or adjustments set forth in the United States Sentencing Guidelines
are in dispute or will be raised in calculating the advisory guidelines range.

Obligations of the Parties

9. At the time of sentencing, this Office will recommend a reasonable sentence as to
Count One. The Defendant reserves the right to advocate for a reasonable sentence, period of
supervised release, and/or fine considering any appropriate factors under 18 U.S.C. § 35 53(a). This
Office and the Defendant reserve the right to bring to the Court’s attention all information with
respect to the Defendant’s background, character, and conduct that this Office or the Defendant
deem relevant to sentencing, including the conduct that is the subject of any counts of the
Indictment. At the time of sentencing, this Office will move to dismiss any open counts against
the Defendant.

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 6of11

Waiver of Appeal

10. In exchange for the concessions made by this Office and the Defendant in this
Agreement, this Office and the Defendant waive their rights to appeal as follows:

a. The Defendant knowingly waives all right, pursuant to 28 U.S.C. § 1291 or
any other statute or constitutional provision, to appeal the Defendant’s conviction on any ground
whatsoever. This includes a waiver of all right to appeal the Defendant’s conviction on the ground
that the statute(s) to which the Defendant is pleading guilty is unconstitutional, or on the ground
that the admitted conduct does not fall within the scope of the statute(s), to the extent that such
challenges legally can be waived.

b. The Defendant and this Office knowingly and expressly waive all rights
conferred by 18 U.S.C. § 3742 to appeal whatever sentence is imposed (including any term of
imprisonment, fine, term of supervised release, or order of restitution) for any reason (including
the establishment of the advisory sentencing guidelines range, the determination of the
Defendant’s criminal history, the weighing of the sentencing factors, and any constitutional
challenges to the calculation and imposition of any term of imprisonment, fine, order of forfeiture,
order of restitution, and term or condition of supervised release), except as follows: The Defendant
reserves the right to appeal any sentence that exceeds the statutory maximum.

c. The Defendant waives any and all rights under the Freedom of Information
Act relating to the investigation and prosecution of the above-captioned matter and agrees not to
file any request for documents from this Office or any investigating agency.

Restitution

11. The Defendant agrees to the entry of a restitution order for the full amount of the
victims’ losses, which the parties stipulate is at least $250,000, to be joint and several with the
codefendants. The Defendant agrees that pursuant to 18 U.S.C. §§ 3663 and 3663A and 3563(b)(2)
and 3583(d), the Court may order restitution of the full amount of the actual, total loss caused by
the offense conduct set forth in the factual stipulation. The total amount of restitution shall be due
immediately and shall be ordered to be paid forthwith. Any payment schedule imposed by the
Court establishes only a minimum obligation. Defendant will make a good faith effort to pay any
restitution. Regardless of Defendant’s compliance, any payment schedule does not limit the United
States’ ability to collect additional amounts from Defendant through all available collection
remedies at any time. The Defendant further agrees that the Defendant will fully disclose to this
Office, the probation officer, and to the Court, subject to the penalty of perjury, all information
(including but not limited to copies of all relevant bank and financial records) regarding the current
location and prior disposition of all funds obtained as a result of the criminal conduct set forth in
the factual stipulation. The Defendant further agrees to take all reasonable steps to retrieve or
repatriate any such funds and to make them available for restitution. If the Defendant does not
fulfill this provision, it will be considered a material breach of this Agreement, and this Office may
seek to be relieved of its obligations under this Agreement.

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 7 of 11

Forfeiture

12. The Defendant understands that the Court may enter an Order of Forfeiture as part
of the Defendant’s sentence, and that the Order of Forfeiture may include assets directly traceable
to the offense(s), substitute assets, and/or a money judgment equal to the value of the property
derived from, or otherwise involved in, the offenses.

13, Specifically, but without limitation on the Government’s right to forfeit all property
subject to forfeiture as permitted by law, the Defendant agrees to forfeit to the United States all of
the Defendant’s right, title, and interest in the following items that the Defendant agrees constitutes
money, property, and/or assets derived from or obtained by the Defendant as a result of the
Defendant’s illegal activities, to include a money judgment in the amount of $6,000.

14. | The Defendant agrees to consent to the entry of orders of forfeiture for the property
described herein and waives the requirements of Federal Rules of Criminal Procedure 11(b)(1)(J),
32.2, and 43(a) regarding notice of the forfeiture in the charging instrument, advice regarding
forfeiture during the change of plea hearing, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment.

15. | The Defendant agrees to assist fully in the forfeiture of the above property. The
Defendant agrees to disclose all assets and sources of income, to consent to all requests for access
to information related to assets and income, and to take all steps necessary to pass clear title to the
forfeited assets to the United States, including executing all documents necessary to transfer such
title, assisting in bringing any assets located outside of the United States within the jurisdiction of
the United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture
are made available for forfeiture.

16. | The Defendant waives all challenges to any forfeiture carried out in accordance
with this Agreement on any grounds, including any and all constitutional, legal, equitable,
statutory, or administrative grounds brought by any means, including through direct appeal, habeas
corpus petition, or civil complaint. The Defendant will not challenge or seek review of any civil
or administrative forfeiture of any property subject to forfeiture under this Agreement, and will
not assist any third party with any challenge or review or any petition for remission of forfeiture.

Abandonment

17. The Defendant knowingly and voluntarily waives any right, title, and interest in the
following property: (1) Apple iPhone IMEI# 352016073865065; and (2) Dell Inspiron 3521
notebook computer with serial number SMLTWY1, which were seized from the Defendant’s
residence pursuant to a search warrant on April 22, 2021 (collectively, the “Abandoned Property”)
and consents to its federal administrative disposition, official use, and/or destruction.

18. | The Defendant understands that he would have a right to file a claim to the
Abandoned Property and waives his right to claim the Abandoned Property. The Defendant agrees
not to contest the vesting of title of the Abandoned Property in the United States Government and
agrees to unconditionally release and hold harmless the United States Government, its officers,

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 8 of 11

employees, and agents, from any and all claims, demands, damages, causes of actions, suits, of
whatever kind and description, and wheresoever situated, that might now exist or hereafter exist
by reason of or growing out of or affecting, directly or indirectly, the seizure or waiver of
ownership interest in the Abandoned Property. The Defendant agrees to execute any documents as
necessary to the waiver of right, title and interest in the Abandoned Property, including any forms
necessary to effect the Defendant’s waiver of ownership interest.

Defendant’s Conduct Prior to Sentencing and Breach

19. Between now and the date of the sentencing, the Defendant will not engage in
conduct that constitutes obstruction of justice under U.S.S.G. § 3C1.1; will not violate any federal,
state, or local law; will acknowledge guilt to the probation officer and the Court; will be truthful
in any statement to the Court, this Office, law enforcement agents, and probation officers; will
cooperate in the preparation of the presentence report; and will not move to withdraw from the
plea of guilty or from this Agreement.

20. If the Defendant engages in conduct prior to sentencing that violates the above
paragraph of this Agreement, and the Court finds a violation by a preponderance of the evidence,
then: (i) this Office will be free from its obligations under this Agreement; (ii) this Office may
make sentencing arguments and recommendations different from those set out in this Agreement,
even if the Agreement was reached pursuant to Rule 11(c)(1)(C); and (iii) in any criminal or civil
proceeding, this Office will be free to use against the Defendant all statements made by the
Defendant and any of the information or materials provided by the Defendant, including
statements, information, and materials provided pursuant to this Agreement, and statements made
during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal
Procedure. A determination that this Office is released from its obligations under this Agreement
will not permit the Defendant to withdraw the guilty plea. The Defendant acknowledges that the
Defendant may not withdraw the Defendant’s guilty plea—even if made pursuant to Rule
11(c)(1)(C)—if the Court finds that the Defendant breached the Agreement. In that event, neither
the Court nor the Government will be bound by the specific sentence or sentencing range agreed
and stipulated to herein pursuant to Rule 11(c)(1)(C).

Court Not a Party

21. The Court is not a party to this Agreement. The sentence to be imposed is within
the sole discretion of the Court. The Court is not bound by the Sentencing Guidelines stipulation
in this Agreement. The Court will determine the facts relevant to sentencing. The Court is not
required to accept any recommendation or stipulation of the parties. The Court has the power to
impose a sentence up to the maximum penalty allowed by law. If the Court makes sentencing
findings different from those stipulated in this Agreement, or if the Court imposes any sentence up
to the maximum allowed by statute, the Defendant will remain bound to fulfill all of the obligations
under this Agreement. Neither the prosecutor, defense counsel, nor the Court can make a binding
prediction, promise, or representation as to what guidelines range or sentence the Defendant will
receive. The Defendant agrees that no one has made such a binding prediction or promise.

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 9 of 11

Entire Agreement

22. This letter, together with the Sealed Supplement, constitutes the complete plea
agreement in this case. This letter, together with the Sealed Supplement, supersedes any prior
understandings, promises, or conditions between this Office and the Defendant. There are no other
agreements, promises, undertakings, or understandings between the Defendant and this Office
other than those set forth in this letter and the Sealed Supplement. No changes to this Agreement
will be effective unless in writing, signed by all parties and approved by the Court.

If the Defendant fully accepts each and every term and condition of this Agreement, please
sign and have the Defendant sign the original and return it to me promptly.

Very truly yours,

Erek L. Barron
United States Attorne

ean R. Delaney

Assistant United States Attorneys

Ihave read this Agreement, including the Sealed Supplement, and carefully reviewed every
part of it with my attorney. I understand it and I voluntarily agree to it. Specifically, I have
reviewed the Factual and Advisory Guidelines Stipulation with my attorney and I do not wish to
change any part of it. I am completely satisfied with t presentation of my attorney.

Date Sylvester. Atékwane

I am the Defendant’s attorney. I have carefully reviewed every part of this Agreement,
including the Sealed Supplement with the Defendant. The Defendant advises me that the
Defendant understands and accepts its terms. To my knowledge, the Defendant’s decision to enter
into this Agreement is an informed and voluntary one.

ate

Rev. August 2018
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 10 of 11

ATTACHMENT A

STIPULATION OF FACTS

The undersigned parties stipulate and agree that if this case had proceeded to trial, this
Office would have proven the following facts beyond a reasonable doubt. The undersigned parties
also stipulate and agree that the Jollowing facts do not encompass all of the evidence that would
have been presented had this matter proceeded to trial.

From in or about February 2020 through February 2021, in the District of Maryland and
elsewhere, the Defendant, Sylvester Atekwane, and others, participated in scheme to
defraud/obtain money by materially false and fraudulent pretenses, representations or promises.
The scheme involved, collecting the names, dates of birth, and social security numbers
(“personally identifiable information”) of victims, without lawful authority in order impersonate
victims and submit fraudulent unemployment claims in those victims’ names.

Once fraudulent unemployment claims were submitted and approved, the Defendant and
others would direct unemployment benefits away from the victims, but to addresses that the
Defendant and others had access to—often vacant apartments. The Defendant would notify co-
conspirators once unemployment benefits were received at his address or to nearby apartments.
The Defendant and others would then collect the prepaid debit cards with unemployment insurance
benefits, activate the debit cards, and withdraw cash from ATMs using the fraudulently obtained
debit cards.

The Defendant knowingly and willfully participated in this scheme, knowing that the
unemployment benefits were fraudulent in nature. And Defendant acted with specific intent to
defraud the Government and the victims of unemployment insurance benefits,

In furtherance of the scheme, on July 15, 2020, the Defendant used a Bank of America
ATM in Seat Pleasant, MD to withdraw $1,000 in Maryland unemployment insurance benefits
issued in the name of K.P.—a D.C. resident with limited mental capacity, who lives in a group
home, cannot handle his own finances, and has not worked in over a decade. The Defendant used
his position as a caregiver to unlawfully, and without permission gain access to K.P.’s personally
identifiable information.

Also in furtherance of the scheme, the Defendant knowingly, and without legal authority
obtained and transmitted the personally identifiable information of others. On October 24, 2020
the Defendant sent wire communications to a co-conspirator containing the personally identifiable
information of I.K. The information sent by the Defendant was later used to fraudulently apply for
unemployment insurance benefits in I.K.’s name.

Also in furtherance of the scheme to defraud, on December 26, 2020, the Defendant
unlawfully used a Bank of America ATM in Hyattsville, MD to withdraw $220 in in Maryland
unemployment insurance benefits issued in the name of A.C.—a Maryland resident who had not
applied for unemployment benefits.

Rev. August 2018
10
Case 1:21-cr-00338-RDB Document 46 Filed 07/13/22 Page 11 of 11

In total, at least $150,000 in fraudulently obtained unemployment insurance benefits, from
61 different victims, in this scheme were sent directly to the Defendant’s address or to adjacent
apartments. As a result of the scheme, the defendant personally obtained at least $6,000 in fraud

proceeds. However, the entire scheme involved at least $2.7 million and over 600 individual
victims.

The Government’s evidence in this case consists of, among other things, unemployment

insurance application data from the Maryland Department of Labor, Bank of America ATM
footage, and testimony from K.P.’s caregivers, I.K. and A.C,

SO STIPULATED: L
ean R. Delaney

Assistant United States Attorneys

Defendant

Counsel for Defendant
WY

Rev. August 2018
11


File and source

File

46-plea.pdf

Size

4,538,123 bytes

SHA-256

d39307623fb35cf8ffbabef9e8f294c4ed0f5899811f4c2492af8d19a432b209

Our copy

46-plea.pdf

Original

archive.org