Police Criminal Complaint: Commonwealth of Pennsylvania (Dauphin County), City of Philadelphia employees
Summary
These Pennsylvania police criminal complaints and affidavits charge six City of Philadelphia employees with collecting Pandemic Unemployment Assistance while still on the city payroll. The Philadelphia Office of Inspector General referred the cases to the Office of Attorney General. The charges are theft by deception, tampering with public records and receiving stolen property. The amounts alleged are $63,356.00 for Amir Berry, $59,422 for Antonio Vincent Ford, $52,872 for Aaron Anderson-Bush, $49,568 for J'Mar Henderson, $47,370.00 for Shanae N. Johnson and $42,860.00 for Christopher L. Daye. The affidavits rely on Department of Labor and Industry and US Bank payment records and on city employment records. These are charges, not convictions.
Summary drafted by a model from the document's text below 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
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‘2 POLICE CRIMINAL COMPLAINT
Rocket Number: Date Filed: OTNiLiveScan Number Complaintiincident Number
AARON ANDERSON-BUSH
The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate, -
When there Is more than one offense, each offense should be numbered chronologically.
{Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) allegedly violated,
without more, is not sufficient. ina summary case, you must clte the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated,
The age of the victim at the time of the offense may be included If known. In addition, social security numbers and financial Information (e.g. PINs) should not
he listed, If the tdentity of an account must be established, list only the last four digits. 204 PA.Code §§ 213.4 ~ 213.7.)
, Inchoate ] Attempt CJ Solieltation {] Conspiracy Number of Victims Age 60 or Older
Offense | 18907 A 18.9024 18 903
Lead? Offense Section Subsection PA Stalute (Titte) Counts Grade Nci¢ Offense UCRINIBRS Code
“ifapplicable) © imber: : ‘D Interstate CI Safety Zone 7} Work Zone
Statute Description (include the) name of statute or ordinance); THEFT BY DECEPTION
Acts of the accused associated with this Offense: in that the Defendant, did intentionally obtain property of another by deception by creating a false
impression, Including false Impressions as to Jaw, value, Intention or other state of mind. TO WIT: Aaron Anderson-Bush intentionally filed fraudulent
applications for the Pandemic Unemployment Assistance program thraugh the PA Department of Labor and Industry website for himself knowing that he was not
qualified to de so and that the Information provided was false, and where the Defendant certified on the application that the Information provided was true and
correct, and where the fraudulent appllcatlans resulted in benefit payments of approximately $52,872.
“inchoate: 3) [1 Attempt C1 Solicitation 1] Conspiracy Number of Victims Age 60 or Older ]
O }2 4911 Al PME | 18PACS.A | 4 F3
Lead? Olfense# Sacilon Subsection PA Statute (Title) Counts Grade NCIC Offense Code UCR/NIBRS Code
Footie J interstate [J] Safety Zone [1 Work Zone
Statute Description (include the name of statute or ordinance): TAMPERING WITH PUBLIC RECORDS
Acts of the accused associated with this Offense: In that the Defendant knowingly made a false entry in, or false alteration of, any record,
document or thing belonging to, or recelved or kept by, the government for information or record, or required by law to be kept by others for information of
the government, TO WIT: Aaron Anderson-Bush knowingly used false or fraudutent Information In order to file applications for Pandemic Unemployment
Assistance program through the PA Department of Labor and Industry webslte
| [1 Attempt | C] Sollcitation [1] Conspiracy Number of Victims Age 80 or Older
O [3 3925 A cotthe =| 18PAC.S.A | 4 F3
Lead? Otfensoit Section Subsection PA Slatute (Title) Counts Grada NCIC Offanse Code UCR/NIBRS Code
‘PennDOT -Dat
f applicable) ; 1 Interstate (1) Safety Zone C1 Work Zone
Statute Description (include the name of statute or ordinance): RECEVING STOLEN PROPERTY
Acts of the accused associated with this Offense: In that the Defendant intentionally recelved, retained, or disposed of movable property of
another knowing that It had been stolen, or believing that it had probably been stolen, TO WIT: Aaron Anderson-Bush did unlawfully recleve Pandemic
Unemployment Assistance benefits totaling approximately $52, 872 from the PA Department of Labor and Industry knowing that ha was not entitled to receive
said benefits.
$8 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: So ea Nuntber Complaint/incildent Number
First: 2545 Last:
AARON ANDERSON-BUSH
2. |ask that a warrant of arrest or a summons be Issued and that the defendant be required to answer the charges | have
made.
3. | verify that the facts set forth In this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating
to unsworn falsification to authorities,
4, This complaint consists of the preceding page(s) numbered 1 through __
6, | certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unifled Judicial
System of Pennsylvania that require filing confidential information and documents differently that non-confidential
information and documents,
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or In violation of the statutes clted,
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)
SA CAM LONG ; 06/15/2022 Co x
(Date) (Stgriature of Affiant)
AND NOW, on this date Tie. J), od, LA 2s certify that the complaint has been properly completed and verified.
An affidavit of probable cause must be completed before a warrant can be issued,
(Magisterial District Court Number) i Authority) }
AAD AIDA — Raw 7/412 Pana S of 2
i POLICE CRIMINAL COMPLAINT
Docket Number: One Filed: RSCG IN Number Complaint/incident Number |
ed . : Middle: Last:
ANDERSON-BUSH |
AFFIDAVIT of PROBABLE CAUSE
Your Affiant, Special Agent Cam Long of the Pennsylvania Office of Attorney General (OAG), being duly
sworn to Jaw, depose and say:
I, AFFIANT’S BACKGROUND
Your Affiant, Agent Cam Long, is a Special Agent employed by the Pennsylvania Office of Attorney
General, Bureau of Criminal Investigation, and is empowered by law to conduct investigations and make arrests
relating to white-collar crimes, theft, fraud, and other violations of Pennsylvania Law. Your Affiant was employed
by the Virginia State Police from 2018-202] and received extensive training at their academy in Richmond,
Virginia and elsewhere. Your Affiant has received training in electronic surveillance by the Pennsylvania State
Police in accordance with the Pennsylvania Wiretapping and Electronic Surveillance Control Act, This training
resulted in the issuance of'a Class “A” Certification, authorizing your Affiant to conduct criminal investigations
using various wiretapping equipment, as authorized by Chapter 57 of the Pennsylvania Crimes Code. Your
Affiant was certified to employ such techniques while conducting criminal investigations, maintaining “A”
Certification Number A-6401, Your Affiant has been so employed since August 2021 and is currently assigned to
the Financial Crime Section in Norristown, Pennsylvania.
Based upon your Affiant’s law enforcement experience and training, your Affiant is familiar with the
manner in which various crimes are committed in the Commonwealth relating to public corruption, white collar
crimes, theft and fraud. Based upon the foregoing training and experience, your Affiant has special expertise
regarding the practices of, and techniques used by, these offenders,
Il. BACKGROUND OF INVESTIGATION
On March 27, 2020, the CARES Act was signed into law, which included Title IJ, Subtitle A, “Relief for
Workers Affected by Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program called
Pandemic Unemployment Assistance (PUA) that in general provides up to 39 weeks of unemployment benefits and
AOPC 414€ ~ Rev. 07/18 Pade Lof <
#8 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNiLiveScan Number Complaintiincident Number
: : Middle: ast
ANDERSON-BUSH
provides furiding to the states for administration of the program, The PUA program provides unemployment
assistance to individuals not eligible for regular unemployment compensation (UC) or extended benefits under state
or Federal Jaw, including those who have exhausted all rights to such benefits, While the U.S, Department of Labor
(US-DOL) oversees the Pandemic Unemployment Assistance (PUA) program, the Pennsylvania Department of
Labor & Industry (PA-DOL) administers the program in Pennsylvania.
PUA is only for individuals who are unemployed due to COVID-19 reasons and does not cover individuals
without an attachment to the Jabor market or those who ate unemployed for non-COVID-19 reasons. This benefit is
only for individuals who would otherwise be working but are unable to because of the current pandemic, According
the PA-DOL’s website, the following groups are explicitly defined as being ineligible to receive PUA: Inmates;
Retirees with no job and no job offer; Individuals who were not working at all or did not have a job offer; Children
who were not working in actual employment; Individuals being paid to file other people’s PUA application; College
Students with no job and no job offer; Individuals on Social Security Disability with no work attachment; Claimants
who work as an employee and qualify under regular Unemployment Compensation; Individuals living in a halfway
house on lock-down; and Landlotds, Additionally, the Pennsylvania Department of Labor & Industry’s website
states that “Knowingly making false statements or omitting material facts to obtain PUA benefits to which you are
not entitled will result in a disqualification and repayment of all overpaid PUA and corresponding FPUC benefits.
You may also be subject to criminal prosecution.” On June 1, 2020, the Pennsylvania Office of Attorney General
received a referral letter from the Governor’s office referring investigation and prosecution of PUA-related fraud
based upon the findings of an audit conducted by the PA-DOL,
AOPC 412A — Rev. 7/18 . Page 2) of 5”
t& POLICE CRIMINAL COMPLAINT
Docket Number: Py Filed: OTNiLiveScan Number Complaint/incident Number
| AARON ANDERSON-BUSH
WI. . INVESTIGATION
On October of 2021, the Philadelphia Office of Inspector General referred this PUA investigation to the
Office of Attorney General (OAG) based upon records that Aaron Anderson-Bush was employed by the City of
Philadelphia and receiving PUA benefits concurrently.
Anderson-Bush began his employment with the City of Philadelphia in June of 2007 and remained
continuously employed with the City at least through July of 2021, Payroll records indicate that Anderson-Bush
did not see a reduction in employment hours and received full payroll checks between June 20, 2020 and June 16,
2021, The PUA program expired in Pennsylvania on September 4, 2021,
On June 17, 2020, Anderson-Bush completed a PUA application on the PA~-DOL website. Anderson-
Bush’s application listed his address as 2054 E. Willard St., Philadelphia, PA 19134, which is the same address
listed in his City of Philadelphia employment records. His application also listed telephone number (267) 602-
3120. The application indicated that his last day of work with the City of Philadelphia was on March 30, 2020,
aid that he was currently unemployed. PUA applications required each applicant to certify that the information
submitted to PA-DOL was true and correct. Prior to submission, Anderson-Bush completed this certification.
Your Affiant received documentation from PA-DOL that included the PUA application for Anderson-
Bush and a chronology of payments. Payments were issued to Anderson from the date of his application (6/17/20)
through June of 2021, For the purpose of payment, a US Bank Reliacard ending in 0516 was issued to Anderson-
Bush for direct deposit of funds. This card was mailed to Anderson-Bush’s address, 2054 E. Willard St.,
Philadelphia, PA 19134, According to US Bank records obtained via Search Warrant, Anderson-Bush activated
US Bank debit Card 4912 8810 1908 0516 on June 17, 2020 at 8:54 am. PUA funds were then issued to Anderson-
Bush’s US Bank Reliacard on a weekly basis pending his responses on the PA-DOL website. Anderson-Bush re-
certified his unemployment status in order to continue receiving the PUA funds. Specifically, as part of the —
AOPC 412A ~ Rev. 7/18 Page % of 7
#8 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNiLiveScan Number Complaintiincident Number
f First: Middle: Last:
me “1 AARON ANDERSON-BUSH
recertification of unemployment process, Anderson-Bush answered “yes” to the question “Claimant, were you still
unemployed, as a direct result of this disaster/pandemic?” for each weekly recertification, The records provided by
PA-DOL and US Bank indicate that Anderson-Bush was paid $52,872 in PUA benefits.
According US Bank records obtained via Search Warrant, Anderson-Bush accrued 25 Automated Clearing
House (ACH) transactions totaling $22,068,57 into his suspected personal bank account with bank number
XXXXXX1160 and routing number XXXXX4298. These transactions took place between September 24, 2020,
and June 19, 2021. According to Philadelphia Federal Credit Union (PFCU) documents obtained via Search
Warrant, it was further determined that account XXXXXX1160 was registered to Aaron Anderson-Bush. PFCU
documents also listed Anderson-Bush’s address as 2054 E, Willard St., Philadelphia, PA 19134. Additionally, all
25 ACH transactions between the US Bank account and PFCU were displayed on the bank statements obtained via
According to PA-DOL records, Anderson-Bush’s reported wages with the City of Philadelphia were the
following:
1Q 2020: $8,833.21
2Q 2020: $12,068.01
3Q 2020: $10,572.86
4Q 2020: $10,166.26
1Q 2021: $8,394.47
2Q 2021; $13,815.47
3Q 2021: $12,202.28 .
4Q 2021: $16,501.42
Throughout this entire time period, Anderson-Bush was continuously employed with the City of Philadelphia and
did not see a reduction of hours. Anderson-Bush’s gainful employment during this time period makes him
ineligible to receive PUA benefits.
IV. CONCLUSION
AOPC 412A — Rev. 7/18 / page 4 of S~
tas POLICE CRIMINAL COMPLAINT
Ps et ye) Date Fited: . OTNiLiveScan Number Complaint/incident Number
PASaraess irst: Middle; Last:
AARON ANDERSON-BUSH
Based on the facts and circumstances of this investigation, and your Affiant’s training and experience, your
Affiant believes that Anderson-Bush fraudulently obtained PUA benefits. This investigation, which included
records provided by the PA-DOL and City of Philadelphia, revealed that Anderson-Bush filed a PUA application
which resulted in him obtaining $52,872 in benefits for which he was not eligible, The PUA applications and
weekly certifications specifically state that all information provided must be “true and complete.” The
certification also requires the applicant to acknowledge that any false statements made on the application is a
criminal offense. Based upon the aforementioned facts, your Affiant respectfully requests an arrest warrant be
issued for Aaron Anderson-Bush,
1, CAM LONG, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET
FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
I CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS,
(Signature of Afflant)
Sworn to me and subscribed before me this e pth day of Ty SVE _
My commission expires first Mondaysof January, ' )/
“Uy, iy OF Ayer SS
AOPC 412A — Rev. 7/18 . Page SOF IT
POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: Va Number Complaint/incident Number
. 1 First” Middle: Last:
De
‘| AMIR |_| BERRY
2. | ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges i have
made,
3, | verify that the facts set forth In thls complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S, § 4904) relating
to unsworn falsification to authorifles.
4, This complaint consists of the preceding page(s) numbered 1 through __.
5. | certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial
System of Pennsylvania that require filing confidential Information and documents differently that non-confidential
information and documents.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)
SA CAM LONG 06/15/2022
(Date) {Signature of Afflant)
AND NOW, on this date | certify that the complalnt has baen properly completed and verified.
An affidavit of probable cause must be completed before a warrant can be Issued.
(Magisterial District Court Number) (Issuing Authority)
Wie OF P (/
AOPC 412A ~ Rev. 7/18 Page = of 5
> POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNiLiveScan Number Complaint/incldent Number
papier a | AMIR BERRY
AFFIDAVIT of PROBABLE CAUSE
Your Affiant, Special Agent Cam Long of the Pennsylvania Office of Attorney General (OAG), being duly
sworn to law, depose and say:
1 AFFIANT’S BACKGROUND
Your Affiant, Agent Cam Long, is a Special Agent employed by the Pennsylvania Office of Attorney
General, Bureau of Criminal Investigation, and is empowered by law to conduct investigations and make arrests
relating to white-collar crimes, theft, fraud, and other violations of Pennsylvania Law, Your Affiant was employed
by the Virginia State Police from 2018-2021 and received extensive training at their academy in Richmond,
Virginia and elsewhere, Your Affiant has received training in electronic surveillance by the Pennsylvania State
Police in accordance with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. This training
resulted in the issuance of a Class “A” Certification, authorizing your Affiant to conduct criminal investigations
using various wiretapping equipment, as authorized by Chapter 57 of the Pennsylvania Crimes Code. Your
Affiant was certified to employ such techniques while conducting criminal investigations, maintaining “A”
Certification Number A-6401, Your Affiant has been so employed since August 2021 and is currently assigned to
the Financial Crime Section in Norristown, Pennsylvania.
Based upon yout Affiant’s law enforcement experience and training, your Affiant is familiar with the
manner in which various crimes are committed in the Commonwealth relating to public corruption, white collar
crimes, theft and fraud. Based upon the foregoing training and experience, your Affiant has special expertise
regarding the practices of, and techniques used by, these offenders.
IL. BACKGROUND OF INVESTIGATION
On March 27, 2020, the CARES Act was signed into law, which included Title 11, Subtitle A, “Relief for
Workers Affected by Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program called
Pandemic Unemployment Assistance (PUA) that in general provides up to 39 weeks of unemployment benefits and
tah POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed; VET Ea Complaintiincident Number
provides funding to the states for administration of the program. The PUA program provides unemployment
assistance to individuals not eligible for regular unemployment compensation (UC) or extended benefits under state
or Federal law, including those who have exhausted all rights to such benefits, While the U.S. Department of Labor
(US-DOL) oversees the Pandemic Unemployment Assistance (PUA) program, the Pennsylvania Department of
Labor & Industry (PA-DOL) administers the program in Pennsylvania,
PUA is only for individuals who are unemployed due to COVID-19 reasons and does not cover individuals
without an attachment to the labor market or those who are unemployed for non-COVID-19 reasons. This benefit is
only for individuals who would otherwise be working but are unable to because of the current pandemic, According
the PA-DOL’s website, the following groups are explicitly defined as being ineligible to receive PUA: Inmates;
Retirees with no job and no job offer; Individuals who were not working at all or did not have a job offer; Children
who were not working in actual employment; Individuals being paid to file other people’s PUA application; College
Students with no job and no job offer; Individuals on Social Security Disability with no work attachment; Claimants
who work as an employee and qualify under regular Unemployment Compensation; Individuals living in a halfway
house on lock-down; and Landlords. Additionally, the Pennsylvania Department of Labor & Industry’s website
states that “Knowingly making false statements or omitting material facts to obtain PUA benefits to which you are
not entitled will result in a disqualification and repayment of all overpaid PUA and corresponding FPUC benefits,
You may also be subject to criminal prosecution.” On June 1, 2020, the Pennsylvania Office of Attorney General
received a referral letter from the Governor’s office referring investigation and prosecution of PUA-related fraud
based upon the findings of an audit conducted by the PA-DOL.
AOPC 412A — Rey. 7/18 " Page 2 of S_
ous POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTWiLiveScan Number Complaintincident Number
Defendant Na AMIR BERRY
WW. INVESTIGATION
On October 18, 2021, the Philadelphia Office of Inspector General referred this PUA investigation to the
Office of Attorney General (OAG) based upon records that Amir Berry was employed by the City of Philadelphia
and receiving PUA benefits concurrently, |
Berry began his employment with the City of Philadelphia in September of 2014 and remained
continuously employed with the City at least through December of 2021, Payroll records indicate that Berry did
not see a reduction in employment hours and received full payroll checks between January 5, 2020, and September
26, 2021, The PUA program expired in Pennsylvania on September 4, 2021.
| On June 8, 2020, Berry completed a PUA application on the PA-DOL website. Berry’s application listed
his address as 1539 S. 58"" St., Philadelphia, Pennsylvania 19413, which is the same address listed in his City of
Philadelphia employment records. His application also listed telephone number (267) 346-5677. The application
indicated that his last day of work with the City of Philadelphia was on April 13, 2020, and that he was currently
unemployed. PUA applications required each applicant to certify that the information submitted to PA-DOL was
true and correct, Prior to submission, Berry completed this certification.
On June 9, 2020, PA-DOL issued Berry two checks: Check#1101251670 in the amount of $4,576.00, and
Check #1101288855 in the amount of $4,800.00, drawn on Commonwealth of Pennsylvania Wells Fargo Bank
account ending in 4557, According to American Heritage Financial Credit Union (AHFCU) records obtained via
Search Warrant, both checks totaling $9,376.00 were deposited into Berry’s bank account on June 15, 2020, Bank
records indicate that account number XXXXX0854 is registered to Amir Berry with the address 1539 S, 58" St.,
Philadelphia, Pennsylvania 19143,
AOPC 412A — Rev. 7/18 a Page .> of
fas POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNi/LiveScan Number Complaintiincident Number
are See First: Middle: Last:
AMIR BERRY
Additional PUA benefits were issued to Berry on two, US Bank Prepaid Debit Cards ending in 4187 and
0668, which were both mailed to his address, 1539 S, 58" St, Philadelphia, Pennsylvania 19413. According to US
Bank records obtained via Search Warrant, Berry activated US Bank debit Card 4912 8810 2274 0668 on June 13,
2020 at 10:23 am. Berry reported US Bank card ending in 0668 as “lost” in March of 2021 and US Bank issued
him a new debit card, 4912 8810 4456 4187, which he activated on April 6, 2021 at 3:58 pm. PUA funds were
issued to Berry’s US Bank Reliacards on a weekly basis pending his responses on the PA-DOL website, Berry re-
certified his unemployment status in order to continue receiving the PUA funds, Specifically, as part of the
' recertification of unemployment process, Berry answered “yes” to the question “Claimant, were you still
unemployed, as a direct result of this disaster/pandemic?” for each weekly recertification. The records provided
by PA-DOL and US Bank indicate that Berry received a total of $63,356.00 in PUA benefits,
According to PA-DOL records, Berry’s reported wages with the City of Philadelphia were the following:
1Q 2020: $9,844.67
2Q 2020: $13,256.22
3Q 2020: $11,478.68
4Q 2020: $12,486.86
1Q 2021: $10,765.27
2Q 2021: $15,201.71
3Q 2021: $6,512.05 -
4Q 2021: $9,047.94
Throughout this entire time period, Berry was continuously employed with the City of Philadelphia and did not
see a reduction of hours. Berry’s gainful employment during this time period makes him ineligible to receive PUA’
benefits.
IV. CONCLUSION
Based on the facts and circumstances of this investigation, and your Affiant’s training and experience, your
Affiant believes that Amir Berry fraudulently obtained PUA benefits, This investigation, which included records
AOPC 412A — Rev. 7/18 — page Y of §
tes POLICE CRIMINAL. COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number _ | Complaintiincident Number
. rst; Middle: ast:
“Defendant N atine AMIR BERRY
provided by the PA-DOL and City of Philadelphia, revealed that Berry filed a PUA application which resulted in
him obtaining $63,356.00 in benefits for which he was not eligible. The PUA applications and weekly
certifications specifically state that all information provided must be “true and complete.” The certification al
requires the applicant to acknowledge that any false statements made on the application is a criminal offense
Based upon the aforementioned facts, your Affiant respectfully requests an arrest warrant be issued for Amir
1, CAM LONG, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET
FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, .
! CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS
Sworn to me and subscribed befors me this LL, day of Vu Ne. DOAR,
My commission expires first Monday I January, yt 67-8 |
, Mag Si
AOPC 412A — Rev. 7/18 - Page of 5.
#2) POLICE CRIMINAL COMPLAINT
Docket Number: . Date Filed: OTNiLiveScan Number -complalntineident Number =
First! Middle: Last:
ANTONIO VINCENT FORD
The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate.
When there is more than one offense, each offense should be numbered chronologically.
{Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) allegedly violated,
without more, Is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated.
The age of the victim at the time of the offense may be included If known. in addition, social securtty numbers and financlai information (e.g. PINs) should not
he Iisted. If the identity of an account must be established, list only the last four digits. 204 PA.Code §§ 213.4 ~ 213.7.)
LO Attempt [] Solicitation C1 Conspiracy Number of Victims Age 60 or Older
18901A 18 902A 18 903
Lead? Section Subsection PA Statute (Title) Counts Grade NOIG Offense UGCRINIBRS Code
CJ Interstate. C1 Safety Zone [-] Work Zone
Statute Description (include the name of statute or ordinance): THEFT BY DECEPTION
Acts of the accused associated with this Offense: In that the Defendant, did intentionally obtain property of another by deception by creating a
false impression, including false impressions as to law, value, intention or other state of mind. TO WIT: Antonio Ford Intentionally filed fraudulent applications
for the Pandemic Unemployment Assistance program through the PA Department of Labor and Industry website for himself knowlng that he was not qualified
to do so and that the information provided was false, and where the Defendant certified on the application that the information provided was true and correct,
and where the fraudulent applications resulted in benefit payments of approximately $59,422.
LJ Attempt C1 Solicitation ["] Conspiracy Number of Victims Age 60 or Older
18 901A 18902 A 18 903
Lead? _Offense#f Section Subsection PA Statute (Title) Counts Grade NCIC Offense UCRINIBRS Code
L Interstate C] Safety Zone (1) Work Zone
Statute Description (include the name of statute or ordinance): RECEIVING STOLEN PROPERTY
Acts of the accused associated with this Offense: In that the Defendant, is guilty of theft if he intentionally receives, retains, or disposes of
movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property Is received, retained, or
disposed with intent to restore it to the owner. TO WIT: Antonio Ferd filed for Pandemic Unemployment Assistance benefits for himself and received the funds
from the benefit program while fully employed with the City of Philadelphia, knowing he did not qualify for such benefits.
LO Attempt LC) Solicitation C1 Conspiracy Number of Victims Age 60 or Older
Subsection oh Glatuio (Tile) ~~ Gouils Grade NCIC Offense Cade ~~ UCRINIBRS Code
C1] Interstate C1 Safety Zone 1 Werk Zone
Statute Description (include the name of statute or ordinance): TAMPERING WITH PUBLIC RECORDS
Acts of the accused associated with this Offense: In that the Defendant knowingly made a false entry in, or false alteration of, any record,
document or thing belonging to, or received or kept by, the government for Information or record, or required by law to be kept by others for information of
the government. TO WIT: Antonio Ford knowingly used false or fraudulent information in order to file applications for Pandemic Unemployment Assistance
program through the PA Department of Labor and Industry website.
AOPC 417A — Rev. 7/18 Pade‘) of 4
*% POLICE CRIMINAL COMPLAINT
aa Number: Date Filed: OTN/LiveScan Number Complaint/Incident Number
Pirst: Middle: Last:
Defendant Name: ANTONIO VINCENT FORD
2. | ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges | have
made.
3. | verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating
to unsworn falsification to authorities.
4. This complaint consists of the preceding page(s) numbered 1 through lo.
5. | certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial
System of Pennsylvania that require filing confidential information and documents differently that non-confidential
information and documents.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.) U SSo
(Date) (Year) (Signature of Cy t)
ate
AND NOW, on this date Ty, UNE. £3 oO SA ge | certify that the complaint has been properly "O and verified.
An affidavit of probable cause must be completed before a warrant can be issued.
!
(Magisterial District Court Number) (Issuing Authority)
\OPC 412A ~ Rev. 7/18 Pace of 2
#3 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan gees Complaintincident Number
pe ; First: Middle: Last:
Defendant Name: | ANTONIO VINCENT FORD
AFFIDAVIT of PROBABLE CAUSE
Your Affiant, Special Agent Kathryn Grady of the Pennsylvania Office of Attorney General (OAG), being
duly sworn to law, depose and say:
I AFFIANTS’ BACKGROUND
Your Affiant, Agent Kathryn Grady, is a Special Agent employed by the Pennsylvania
Office of Attorney General, Bureau of Criminal Investigation, and is empowered by law to conduct investigations
and make arrests relating to white-collar crimes, theft, fraud, and other violations of Pennsylvania Law. Your
Affiant currently holds the designation of “Certified Fraud Examiner” and has conducted numerous investigations
involving financial crimes. Your Affiant has received training in electronic surveillance by the Pennsylvania State
Police in accordance with the Pennsylvania Wiretapping and electronic Surveillance Control Act. This training
resulted in the issuance of a class “A” certification, authorizing your Affiant to conduct criminal investigations
using various wiretapping equipment, as authorized by Chapter 57 of the Pennsylvania Crimes Code. Your
Affiant was certified to employ such techniques while conducting criminal investigations, maintaining “A”
certification number A-5948,. Your Affiant has been so employed since January 2018 and is currently assigned to
the Financial Crime Section in Harrisburg, Pennsylvania. Prior to employment with the Pennsylvania Office of
Attorney General, your Affiant was employed as a Security Investigator at First National Bank of Pennsylvania
(formerly Metro Bank) and conducted fraud investigations with the Pennsylvania Office of Inspector General.
Based upon your Affiant’s law enforcement experience and training, your Affiant is familiar with the manner
in which various crimes are committed in the Commonwealth relating to public corruption, white coliar crimes, theft
and fraud. Based upon the foregoing training and experience, your Affiant has special expertise regarding the
practices of, and techniques used by, these offenders.
1NPC 4116 — Rev. 7/18 Pane 1 of YW
"@” POLICE CRIMINAL COMPLAIN
D Pe Number: Date Filed: OTN/LiveScan Number Complaint/Incident Number
ee irst: Middle: ast:
Defendant Name: ANTONIO VINCENT FORD
IL BACKGROUND OF INVESTIGATION
On March 27, 2020, the CARES Act was signed into law, which included Title I, Subtitle A, “Relief for
Workers Affected by Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program called
Pandemic Unemployment Assistance (PUA) that in general provides up to 39 weeks of unemployment benefits and
provides funding to the states for administration of the program. The PUA program provides unemployment
assistance to individuals not eligible for regular unemployment compensation (UC) or extended benefits under state
or Federal law, including those who have exhausted ali rights to such benefits. While the U.S. Department of Labor
(US-DOL) oversees the Pandemic Unemployment Assistance (PUA) program, the Pennsylvania Department of
Labor & Industry (PA-DOL) administers the program in Pennsylvania.
PUA is only for individuals who are unemployed due to COVID-19 reasons and does not cover individuals
without an attachment to the Jabor market or those who are unemployed for non-COVID-19 reasons. This benefit is
only for individuals who would otherwise be working but are unable to because of the current pandemic. According
the PA-DOL’s website, the following groups are explicitly defined as being ineligible to recerve PUA: Inmates;
Retirees with no job and no job offer; Individuals who were not working at all or did not have a job offer, Children
who were not working in actual employment; Individuals being paid to file other people’s PUA application; College
Students with no job and no job offer; Individuals on Social Security Disability with no work attachment; Claimants
who work as an employee and qualify under regular Unemployment Compensation; Individuals living in a halfway
house on lock-down; and Landlords. Additionally, the Pennsylvania Department of Labor & Industry’s website
states that “Knowingly making false statements or omitting material facts to obtain PUA benefits to which you are
not entitled will result in a disqualification and repayment of all overpaid PUA and corresponding FPUC benefits.
You may also be subject to criminal prosecution.” On June 1, 2020, the Pennsylvania Office of Attorney General
AOPC 412A — Rev. 7/18 Page 2 ofl.
*$ POLICE CRIMINAL COMPLAIN
Ww
Docket Number: Date Filed: . OTN/LiveScan Number Complaint/incident Number
oe irst: Middie: Last:
Defendant Name: ANTONIO VINCENT FORD
received a referral letter from the Governor’s office referring investigation and prosecution of PUA-related fraud
based upon the findings of an audit conducted by the PA-DOL. The PUA program expired in Pennsylvania on
September 4, 2021.
Il. INVESTIGATION
On October 18, 2021, the Philadelphia Office of Inspector General referred this investigation to the Office
of Attorney General (OAG) based upon records that City of Philadelphia employees were receiving PUA benefits
while still actively employed with the City. Antonio Ford was one of the City of Philadelphia employees referred
to this agency for investigation.
Ford began his employment with the City on July 6, 2013. He was placed on “unpaid leave” from
December 3, 2020, until Mar 21, 2021, and received his last paycheck on December 11, 2020. Payroll records
reflect that Ford did not see a reduction in employment hours and received full payroll checks between January 5,
2020 and December 11, 2020. According to Ford’s Supervisor, Wayne Tynes, the last time Ford was physically
present at work was on November 25, 2020, and he was unsure why Ford stopped working. Although the City of
Philadelphia never officially terminated Ford, there is no indication that he stopped reporting to work due to
COVID-19 reasons, or that his employer reduced his hours. Ford was thus ineligible to receive benefits from the
PUA program.
On June 10, 2020, Ford completed a PUA application on the PA-DOL website. Ford listed his address as
136 W. Wyneva St., Philadelphia, PA 19144, and his telephone number as (215) 410-8734. The application
indicated his last day of work with the City of Philadelphia was on April 10, 2020, and that he was currently
unemployed. The address listed on Ford’s PUA application matches his Pennsylvania Driver’s License, which
expires on May 25, 2023. Ford’s application also indicated that he was not receiving sick leave pay or other paid
leave benefits equaling normal pay. However, payroll records indicate that Ford was in fact receiving full
AOPC 412A — Rev. 7/18 Page .4 of
1s POLICE CRIMINAL COMPLAIN
Docket Number: oye ia. OTN/LiveScan ye, Complaint/Incildent Number
im : First: Middle: Last:
Defendant Name: ANTONIO VINCENT FORD
paychecks while also receiving PUA benefits. Some of these pay periods included overtime pay. PUA
applications required each applicant to certify that the information submitted to PA-DOL was true and correct.
Prior to submission, Ford completed this certification.
On June 11, 2020, PA-DOL issued Ford two checks: Check#1 101362138 in the amount of $5,400 and
Check # 1101352131 in the amount of $4,527, drawn on Commonwealth of Pennsylvania Wells Fargo Bank
account ending in 4557, Your Affiant obtained records from Wells Fargo Bank via Search Warrant and determined
that these checks were negotiated at American Heritage Federal Credit Union (AHFCU). A follow-up Search
Warrant revealed that these checks were deposited at the AHFCU ATM located at 2800 Fox Street, Philadelphia,
PA 19129, on June 16, 2020. Per AHFCU, the deposit credited an account at Police and Fire Federal Credit Union
(PFFCU). PFFCU records were then obtained via Search Warrant, which revealed that these checks were
deposited into Antonio Ford’s account. The signature card on the account lists Ford’s address as 136 W. Wyneva
St, Philadelphia, PA 19144, A review of Ford’s bank statements confirmed the deposit of both PUA benefit
checks as well as direct deposits from the City of Philadelphia payroll.
Additional PUA benefits were issued to Ford on two, US Bank Prepaid Debit Cards, which were both
mailed to his address, 136 W. Wyneva St, Philadelphia, PA 19144. According to US Bank records obtained via
Search Warrant, Ford was first issued US Bank Debit Card 4912 8810 2467 9674, which was later replaced by US
Bank Debit Card 4912 8810 4501 2335. PUA funds were issued to Ford’s US Bank Debit Cards on a weekly basis
pending his responses on the PA-DOL website. In order to continue receiving PUA benefits, the applicant was
required to file weekly certifications. As part of the weekly recertification process, the applicant must indicate if
they earned any wages. If wages were reported, it would affect the amount of benefits the applicant received or
render the applicant ineligible for benefits.
AOPC 412A — Rev. 7/18 page“ of Y
tas POLICE CRIMINAL COMPLAIN
Docket Number: Date Filed: OTN/LiveScan Number Complaint/incident Number
: . First: Middle: Last:
Defendant Name: | ANTONIO VINCENT FORD
The records provided by PA-DOL and US Bank, Ford received a total of $59,422 in PUA benefits. Ford’s
employment records indicate that he was ineligible to receive PUA benefits.
IV. CONCLUSION
Based on the facts and circumstances of this investigation, and your Affiant’s training and experience
involving thefts and white-collar-crime investigations, your Affiant believes that Antonio Ford fraudulently obtained
Pandemic Unemployment Assistance benefits. This investigation, which included records . provided by the
Pennsylvania Department of Labor and Industry, Pennsylvania Treasury, Wells Fargo, and US Bank, revealed that
Ford filed a PUA application and received $59,422 in benefits for which he was not eligible. The PUA applications
and weekly certifications specifically state that all information provided must be “true and complete.” The
certification also requires the applicant to acknowledge that any false statements made on the application is a criminal
offense.
The information above is based upon information gathered during the course of this investigation, which ©
your Affiant believes to be true and correct to the best of her knowledge. Based upon the aforementioned facts,
your Affiant respectfully requests an arrest warrant be issued for the defendant Antonio Ford.
1, KATHRYN GRADY, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS
SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
] CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS.
(Signature gf Affiant)
Sworn to me and subscribed before me this A y) 7 A. day of Tyne. ot OA Pa
AOPC 412A — Rev. 7/18 PageS of ip
#3) POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNiLiveScan Number Compiaintiincident Number
First: Middle: . Last:
CHRISTOPHER L DAYE
The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate.
When there is more than one offense, each offense should be numbered chronologically.
(Set forth a brief summary of the facts aufficient to advise the defendant of the nature of the offense(s} charged. A citation to the statute({s) allegedly violated,
without more, is not sufficient, In a summary case, you must cite the specific section(s) and subsection{s) of the statute(s) or ordinance(s) allegedly violated,
The age of the victim at the time of the offense may be Included if known. In addition, social security numbers and financial Information {e.g, PINs) should not
he listed. If the identity of an account must be established, iist only the last four digits. 204 PA,Code §§ 213.1 — 213.7,}
-| (0 Attempt 1 Solicitation 1] Conspiracy Number of Victims Age 60 or Older
Lead? Offense Section Subsection PA Statute (Title) Counts Grade: NGIG Offense UCRINIBRS Code
C1 Interstate (Cj Safety Zone (7) Work Zone
Statute Description (include the name of statute or ordinance): THEFT BY DECEPTION
Acts of the accused associated with this Offense: The defendant intentionally obtained the property of another by deception, A person decelves if
he/she Intentionally fails te correct a false impression which the deceiver previously created or reinforced. Christopher Daye applled for and received $42,860.00
of Pennsylvania Department of Labor and Industry Pandemic Unemployment Assistance (PUA) Funds by creating and repeatedly reinforcing the false impresslon
that he was no longer employed by the City of Philadelphia Streets Department and eligible for unemployment.
C1] Attempt (1 Solicitation [Cj Conspiracy Number of Victims Age 60 or Older
18907 A 18 902A 18 903
oO |2 ~~ | 3925 A TITLE18 =| 4. F3
Lead? Offense# Section _ Subsection ~ PA Statute (Title) Counts Grade NCIC Offense Code UCRINIBRS Cade
(CO Interstate 1 Safety Zone (J Work Zone
Acts of the accused associated with this Offense: The defendant intentionally received and retained $42,860.00 in movable property belonging to
the Pennsylvania Department of Labor and Industry, knowing that It had been stolen,
C) Attempt QO Solicitation C] Conspiracy Number of Victims Age 60 or Older
18907 A 18902 A 18 903
O |3 {4911 Al Lefthe |TITLE18 |1 | FB
_Lead? _Offense# _ Sectlon __ Subsection PA Statute (Title! Counts Grade NGIC Offense Code UCRINIBRS Code
| [7] Interstate (J Safety Zone (J Work Zone
Statute Description (include the name of statute or ordinance); TAMPERING WITH PUBLIC RECORDS
Acts of the accused associated with this Offense: A person commits the offense if he knowingly makes a false entry in, or false alteration of, any
record, document or thing belonging to, or received or kept by, the government for Information or record, or required by law to be kept by others for
information of the government. Defendant Christopher Daye made false entries In the Pandemic Unemployment Applications he submitted.
AOPC 412A — Rev.12/21 — Page 22. of
|
28% POLICE CRIMINAL COMPLAINT
Docket Number:
Date Filed: OTN/LiveScan Numb Complaintitncident Number
Ee CHRISTOPHER L DAYE
2. | ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges | have
made,
3. | verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating
to unsworn falsification to authorities,
4. This complaint consists of the preceding page(s) numbered 1 through =>.
5. | certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial
System of Pennsylvania that require filing confidential information and documents differently that non-confidential
information and documents.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)
SA TARYN LIEBTAG Ufrwo eor =
(Date)
_ _(Signataré of Affi ap
AND NOW, on this date ‘ J, UNE. £3, A UY A, wy | certify that the complaint has been properly completed and verified.
An affidavit of probable cause must be completed before a warrant can be issued.
(Magisterial District Court Number)
(issuing Mews
AOPC 412A — Rev.12/21 | se ae —
Page 4 of 3
48 POLICE CRIMINAL COMPLAINT
nee Number: Dafe Filed: OTNiLiveScan Number Complaintiincident Number
sce | First Middle: , Last:
CHRISTOPHER L DAYE
AFFIDAVIT of PROBABLE CAUSE
Your Affiant, Special Agent Taryn Liebtag, #812, of the Pennsylvania Office of Attorney General (OAG) being duly sworn
to law, depose and say:
|. AFFIANT’S BACKGROUND
Your Affiant has been assigned to the Eastern Regional Office, Bureau of Criminal investigation Section of the Office of
Attorney General since July 2020, As a Special Agent, your Affiant's primary duties are to investigate crimes, interview
and interrogate suspects and witnesses, prepare and execute search warrants, file criminal complaints and make arrests
of criminal activity reported to the Office of Attorney General. Prior to becoming a Special Agent, your Affiant was a
Consumer Protection Agent with the Office of Attorney Genera! for 5 years, and in June 2018, became a Certified Fraud
Examiner (CFE), which combines knowledge of complex financial transactions with an understanding of investigative
techniques and legal issues. Based upon your Afflant’s law enforcement experience and training, your Affiant is familiar
with the manner in which various crimes are committed in the Commonwealth relating to white collar crimes, theft, and
fraud,
f. BACKGROUND OF INVESTIGATION
On 3/27/2020, the CARES Act was signed into law, which included Title li, Subtitle A, “Relief for Workers Affected by
Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program calied Pandemic Unemployment
Assistance (PUA) that provided up to seventy-nine (79) weeks of unemployment benefits and provided funding to the
states for administration of the program. The PUA program provided unemployment assistance to individuals not eligible
for regular unemployment compensation (UC) or extended benefits under state or Federal law, including those who
exhausted all rights to such benefits. While the U.S. Department of Labor (USDOL) oversees the Pandemic
Unemployment Assistance (PUA) program, the Pennsylvania Department of Labor & Industry administers the program in
Pennsylvania.
PUA was only available to individuals who were unemployed due to COVID-19 reasons and did not cover individuals
without an attachment to the labor market or those who were unemployed for non-COVID-19 reasons. This benefit was
only for individuals who would otherwise be working but were unable to because of the pandemic. According the
Pennsylvania Department of Labor & Industry's website, the following groups were explicitly defined as being Ineligible to
receive PUA: “Inmates; Retirees with no job and no job offer; Individuals who were not working at all or did not have a
job offer; Children who were not working in actual employment; Individuals being paid to file other people’s PUA
application; College Students with no job and no job offer; Individuals on Social Security Disability with no work
attachment; Claimants who work as an employee and qualify under regular Unemployment Compensation; Individuals
living in a halfway house on lock-down; and Landlords”. Additionally, the Pennsylvania Department of Labor & Industry's
website stated that “Knowingly making false statements or omitting material facts to obtain PUA benefits to which you
are not entitled will result In a disqualification and repayment of all overpaid PUA benefits. You may also be subject to
criminal prosecution.”
AOPC 411C — Rey. 12/21 —— Page 1of 4
tas POLICE CRIMINAL COMPLAINT
cket Number: wy, Filed; OTNiLiveScan Number Complaintincident Number
CHRISTOPHER L DAYE
Hi, FRAUDULENT CLAIM
The Pennsylvania Department of Labor and Industry (Labor and Industry) reported that on 6/08/2020, Christopher L.
Daye, DOB 4/06/1978, SSN 1 (as referenced on Confidential Information Form) applied for PUA benefits. Applicants could
receive benefits for lost wages predating their application, and Daye applied for and was awarded benefits for weeks
ending on 3/21/2020 through 8/28/2021. Applicants were required to complete weekly certifications of their
employment status in order to continue to receive benefits, and Labor and industry records show that certifications were
submitted for each week Daye received benefits.
Labor and Industry also provided application and payment information regarding Christopher L. Daye’s claims, which
show that Daye’s PUA application submitted on 6/08/2020 was filed using DOB 4/06/1978, SSN 1, email address
Christopher.daye@yahoo.com, and phone number 267-904-9687, On the application it was reported that Daye was
unemployed as a direct result of a pandemic or major disaster and that the major disaster was “COVID-19”, The date
provided for Daye’s last day of employment was 3/16/2020, On 02/03/2021, another application was filed to reopen the
claim (providing the same identifying and contact information). This application again reported that Daye was
unemployed as a direct result of a pandemic or major disaster and that the major disaster was “COVID-19”. This
application, however, provided 3/01/2020 as Daye’s last day of employment,
Information provided by Labor and Industry shows that PUA payments were made to various US Bank debit cards
associated with US Bank account / customer ID XXXXX0572 held by Christopher L. Daye (DOB 4/06/1978, SSN 1, email
address Christopher.daye@yahoo.com, and phone number 267-904-9687).
According to the PA Department of Labor and Industry employment database, the City of Philadelphia reported wages for
Christopher Daye (SSN 1) for all quarters of 2020 and 2021. The Office of the Inspector General for the City of
Philadelphia confirmed that Daye was employed full time as an Asphalt Raker for the City of Philadelphia, Streets
Department during the period for which he received benefits, and that no wages were lost due to the COVID-19
pandemic.
IV. US BANK SEARCH WARRANT
Based on the above information, your affiant obtained a search warrant for US Bank account records associated with
Christopher Daye. US Bank provided card holder information, card information, and transaction history in reference to
Customer ID XXXXX0572, associated with Christopher Daye, DOB 4/06/1978 with an address of 5151 Hoopes St.,
Philadelphia, PA 19139.
From 6/10/2020 to 9/01/2021, seventy-eight (78) payments totaling $42,860.00 were deposited onto the account’s
debit cards by the Commonwealth of PA for “UCBENEFITS”, listing the payee as Christopher Daye. On 7/08/2020,
$5,000.00 was transferred from Daye’s US Bank debit card XXXXXX6848 to Citizens Bank account FAN] (as referenced
on Confidential Information Form) via ACH withdrawal. On 7/09/2020, ar an additional $3,969.06 was transferred to
AOPC 412A — Rev.12/21 Page 2. of 4
tis POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed 4 OTN/LiveScan Number Complaintiincident Number
PR ee ee ae gee ed First Middle: . Last:
:| CHRISTOPHER L DAYE
Citizens Bank XXXXXX3272 in the same manner. Account records for each withdrawal reference “Christopher Daye” and
“Personal Checking”.
Vv. CITIZENS BANK SEARCH WARRANT
Based on the above Information, your affiant obtained a search warrant for Citizens Bank account records associated
with Christopher Daye. Citizens Bank provided account holder information, statements, deposits and withdrawals in
reference to FAN1, associated with Christopher L. Daye with an address of 5151 Hoopes St., Philadelphia, PA 19139,
A review of Daye’s Citizens Bank statements confirmed transactions which correspond with the US Bank transfers -
deposits of $5,000.00 on 7/09/2020 and $3,969.06 on 7/10/2020. During the time that Daye was receiving PUA
benefits, numerous biweekly deposits appear on the statements identified as “City of Phila Payroll” followed by Daye’s
payroll number.
Vi. COMMUNICATION WITH DAYE
During the course of the investigation, the assigned spoke with Christopher Daye by phone and later in person. When
asked about his PUA benefits, Daye said that he was not working at the time. He had been out of work for about a year,
and the City was not paying him workman's comp — they had cut him off. He stated that he was hit by a truck on the job
then had a heart attack when he came back to work. He had been off of work for about a year when he applied for
benefits, adding that there was a lot of confusion about PUA eligibility and that he had someone else apply for him as he
is not computer fiterate. Daye said that the city was making him use his own time and he was not getting paid.
Vil. CITY OF PHILADELPHIA EMPLOYMENT RECORDS
On 1/25/2022, the Office of the Inspector General for the City of Philadelphia provided employment records which
showed that Christopher Daye (SSN 1) was employed by the City of Philadelphia during the entire time he was collecting
PUA benefits, At the beginning of the COVID-19 pandemic, Daye was granted an unpaid leave of absence per the Family
and Medical Leave Act, which he took from 3/16/2020 — 4/08/2020, Daye was put on paid COVID excused time starting
on 4/09/2020, and returned to work on 4/17/2020, From then until 8/28/2024, he received biweekly paychecks and 3
salary increases fram the City of Philadelphia, all while collecting PUA benefits.
Per the CARES Act, PUA was only available to individuals who were unemployed due to COVID-19 reasons. While Daye
was employed by the City of Philadelphia, he applied for PUA benefits on 6/08/2020 and again on 2/03/2021. During that
time, he received $42,860 in benefits and submitted certifications for each of the weeks he received benefits confirming
he was unemployed.
Affiant requests an arrest warrant charging Christopher L. Daye with 18 Pa.C.S.A. § 3922(a)(3) Theft By Deception, §
3925(a) Receiving Stolen Property, and § 4911(a)(1} Tampering with Public Records.
AOPC 412A — Rev.12/21 —_ Page2._ of 4.
da POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: -y OTNiLiveScan Number Complaintiincident Number
Pee ies] First Middle: Last:
CHRISTOPHER L DAYE
i, SA TARYN LIEBTAG, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS
SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
| CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS.
“ (Signature of Affian’
Sworn to me and subscribed beforeme this 29 ff day 6 = Jay AOA As
AOPC 412A — Rev.12/21 “page 4 of 4
¢@ POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed; V4 OTN/LiveScan Number Compiaint/Incident Number
fendant Name: First Middle: Chaat
Defen : | DERRICK M Last
2. | ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges | have
made.
3. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
bellef. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating
to unsworn falsification to authoritles.
4, This compiaint consists of the preceding page(s) numbered 1 through ___
5. | certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial
System of Pennsylvania that require filing confidential information and documents differently that non-confidential
information and documents.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)
{Date) (Signature of Afflant)
AND NOW, on this date . Ty iy? fo, AlaAS certify that the complaint has been properly completed and verified.
An affidavit of probable cause must be completed before a warrant can be issued.
(Magisterial District Court Number) €ssuing Authority) “
48 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filled: OriytveScap Number Complaintincident Number
Defer dant Nai uk, Pitst: Middle: Last;
AFFIDAVIT of PROBABLE CAUSE
AFFIANT'S BACKGROUND
Your Afflant Is Mark D. Bates, a Special Agent with the Pennsylvania Office of the Attorney General, Bureau of Criminal
investigations. Your Afflant has been employed by the Pennsylvania Office of Attorney General since January 2021,
assigned as 4 Special Agent to the Eastern Regional Office, Bureau of Criminal Investigation Section, As a Special Agent,
your Affiant's primary duties are to investigate crimes, interview and interrogate suspects and witnesses, prepare and
execute search warrants, file criminal complaints and make arrests of criminal activity reported to the Office of Attorney
General, Your Affiant has thirty-two years of law enforcement experience and prior to my employment with the Office of
Attorney General, your Affiant was a Detective for twenty-six of those years with the Cheltenham Township Police
Department, Montgomery County, Pennsyivania. During the course of your Affiant’s law enforcement career, your Affiant
has prepared and served search warrants and arrest warrants for various crimes enumerated in the Pennsylvania Crimes
Code including but not limited to offenses Involving various types of thefts, robbery, burglary, assaults, sex crimes, drug
BACKGROUND OF INVESTIGATION
On March 27, 2020, the CARES Act was signed Into law, which included Title i, Subtitle A, “Relief for Workers Affected by
Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program called Pandemic Unemployment
Assistance (PUA) that in general provides up to 39 weeks of unemployment benefits and provides funding to the states for
administration of the program, The PUA program provides unemployment assistance to individuals not eligible for regular
unemployment compensation (UC) or extended benefits under state or Federal law, including those who have exhausted all
rights to such benefits. While the U.S. Department of Labor (USDOL) oversees the Pandemic Unemployment Assistance .
(PUA) program, the Pennsylvania Department of Labor & Industry administers the program in Pennsylvania.
PUA is only for individuals who are unemployed due to COVID-19 reasons and does not cover individuals without an
attachment to the labor market or those who are unemployed for non-COVID-19 reasons. This benefit is only for individuals
who would otherwise be working but are unable to because of the current pandemic, According the Pennsylvania
Department of Labor & Industry's website, the following groups are explicitly defined as being Ineligible ta receive PUA:
“Inmates; Retirees with no Job and no job offer, Individuals who ware not working at all or did not have a job offer; Children
who were not working in actual employment; individuals being paid to file other peapte’s PUA application; Collage Students
with no job and no job offer; Individuals on Social Security Disability with no work attachment; Claimants who work as an
employee and qualify under regular Unemployment Compensation; Individuals fiving in a halfway house on lock-down: and
Landlords’, Additionally, the Pennsylvania Department of Labor & Industry's website states that “Knowingly making false
statements or omitting material facts to obtain PUA benefits to which you are not entitled will result in @ disqualification and
repayment of all overpaid PUA benefits. You may also be subject to criminal prosecution." On June 1, 2020, The Pa, Office
of Attorney General recelved a referral letter from the Governor's office referring investigation and prosecution of PUA related
fraud based upon the findings of an audit conducted by the Pa. Dept. of Labor & Industry.
FRAUDLENT CLAIM
The Pennsyivania Department of Labor and Industry reported Derrick M, Smith B/M, 5-23-1982, SSN 14 (as referenced on
. Confidential Information Form), 435 E, Penn St, Philadelphia, Pennsylvania, 19144 and 6731 N. 16th St, Philadelphia, PA
19126, Ph # 267-333-8368, Tbksmlth215@gmail.com, appiied for PUA in June of 2020 and received PUA benefit payments.
The Pennsylvania Office of Attorney General contacted the Pennsylvania Department of Labor and Industry and requested
the application and payment information regarding Derrick M. Smith claim, Pennsylvanta Department of Labor and Industry
records show that Smith's application for PUA was submitted on June 08, 2020. On the application it was reported that
Smith's last day of employment was 2/24/2020 and Smith was "laid off due to a lack of work after a business closure caused
by COVID-19", However, a check of the Pennsylvania Department of Labor and Industry employment database revealed
Smith was employed by the City of Philadelphia during all four Quarters of 2020,
The Office of the Inspector General (OIG) for the City of Philadetphia confirmed that Smith, employee number 293800, 435
E, Penn St, Phila, PA 19144 was employed full time as an Asphalt Raker for the City of Philadelphia, Streats Department
during the period for which he received benefits, and that no wages were Jost due to the COVID-19 pandemic. Applicants
ware required to complete weekly certifications of their employment status in order to continue to receive benefits,
AOPC 4210 — Rev. 07/18 Page 1 of _
te POLICE CRIMINAL COMPLAINT
ap. Number; Datp Filgd: OTNiLiveScan Nuntber Complalnt/incident Number
Defend tNamer oan Gee Middle: Last
peiibieal vi] DERRICK _ iM SMITH |
Pennsylvania Department of Labor and Industry records indicate certifications were submitted for each of the 20 weeks
Smith received benefits.
The Pennsylvania Department of Labor and Industry also provided information regarding the payments made to Smith.
Records show that Smith received payments for weaks of 02/29/2020, 03/07/2020, 03/14/2020, 03/21/2020 and 03/28/2020,
The total payment represents payments In the amount of $448.00 for each week for a total amount of $2,240.00. in addition,
Smith received payments for weeks of 04/04/2020, 04/11/2020, 04/18/2020, 04/25/2020, 06/02/2020, 05/09/2020,
05/16/2020, 05/23/2020, 05/30/2020, 06/06/2020, 06/13/2020, 06/20/2020, 06/27/2020, 07/04/2020 and 07/11/2020. The
total payment represents payments In the amount of $1,048.00 for each week for a total amount of $15,720.00. The total for
all the payments was $17,960.00. The payments were from the last day of work listed on Smith's application to July 11,
2020. These payments directly coincide with the time that Smith was employed with the City of Philadelphia. The PUA
payments were made.using a US Bank pre-paid debit card with the last four numbers 2199. This card was sent to 435 East
Penn Street, Philadelphia, Pennsylvania, 19144, Phone number 267-333-8368 was used on the application as Smith's phone
number. As a part of this investigation, your Affiant using the Philadelphia Board of Revision of Taxes website conducted a
property records search for this address, which revealed the property is owned by Leroy A and Rosalie Smith, believed to be
relatives of Derrick Smith. Your Affiant queried a jaw enforcement database which revealed a current address for Smith to be
6731 N 16th Street, Philadelphia, Pennsylvania,.19126, Phone number of 267-333-8368, the same phone number on the
application. In addition, a check of the Phone number 267-333-8368, revealed it belonged to 435 East Penn Street,
Philadelphia, Pennsylvania, 19144 as recent as October 8, 2021,
SEARCH WARRANT US BANK and WELLS FARGO RECORDS
Based on the above information, your affiant applied for a search warrants for US Bank and Wells Fargo Records. On
Wednesday October 27, 2021 at approximately 0942 Hrs. MDJ Sonya McKnight, District Gourt 12-2-04, 1805 N Cameron
Street, Harrisburg, PA 17103, signed and sealed Search Warrants # BCE-210272-1 and BCE-210272-2 for US Bank and
Wells Farga bank records for Derrick Smith,
On Wednesday October 27, 2021 at approximately 1017 Hrs, your affiant served Search Warrant # BCE-210227-1 at CT
Corporation registered agent for US Bank, 600 North 2nd St, Sulte, 401, Harrisburg, PA 17101.
On Wednesday October 27, 2021 at approximately 1036 Hrs. your affiant served Search Warrant # BCE-210272-2 at Wells
Fargo Bank, 30 North 3rd St, Suite 100, Harrisburg, PA 17101, Manager: Mahamane Sani.
On November 3, 2021, your Affiant received records from US Bank in response to the search warrant served on October 27,
2021. The US Bank records indicate card # 3835797956 Is listed to Derrick M. Smith, dob! May 23, 1982, 436 E. Penn St,
Philadelphia, PA 19144, ph # 267-333-8368. Payments are as follows:
i. Cardip ju. S. Bank: ACHfrom Known Remltter .
3835797956|Remitter: COMMOF PA UCD (1031301024) UCBENEFITS - Payee: DERRICK SMITH - SEC: PPD " 7/15/2020; "$3,000 |
i
}
{ 8835797956|Remitter: COMMOF PA UCD [1031301024] UCBENEFITS - Payee: DERRICK SMITH - SEC: PPD resem $2,200.00 |
po Total Payments Recelved byUS Bank Account i$, 240, 00
On December 7, 2021, your Affiant received records from Wells Fargo in response to the search warrant served on October
27,2021, The Wells Fargo records indicate the two checks issued to Derrick M, Smith, 435 E, Penn St, Philadelphia, PA ;
19144 numbered 1101281973 in the amount of $6,000.00 and 1101244684 in the amount of $6,720.00 were deposited into
Wells Fargo Account No, 1540448739 on 06-16-21. This Wells Fargo Account No. 1540445739 belongs to Derrick Smith,
435 E Penn St, Philadelphia PA 19144-5882, DOB 05/23/1982, SSN 180-64-9500. Total loss: $12,720.00, ‘
US Bank records and Wells Fargo records indicate the total toss to be $17,960, which confirms the Pennsyivania Labor and
industry records,
CONCLUSION
tas POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/incident Number
Defendant Name: First: Middle: Last:
efendant Name: DERRICK M SMITH
Your affiant respectfully requests the issuance of an Arrest Warrant be Issued for Derrick M. Smith for the above named
violations of the Pennsylvania Crimes Code. All the information contained within this Affidavit of Probable Cause is true and
correct, to the best of my belief, so says the signed Afflant.
|, SA MARK BATES, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET
FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
| CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS.
(Signature of Affiant}
My commission expires first Monday gf January, |
*@* POLICE CRIMINAL COMPLAINT
Docket Number: _ Date Filed: OTN/LiveScan Number Complaint/incident Num
oe) First Middie: Last:
J'MAR MAURICE HENDERSON
The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate.
When there is more than one offense, each offense should be numbered chronologically.
(Set forth a brief summary of the facts sufficiant to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) allegedly violated,
without more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated.
The age of the victim at the tlme of the offense may be included If known. In addition, social security numbers and financlal Information (e.g. PINs) should not
be listed. if the identity of an account must he established, list only the last four digits. 204 PA.Code §§ 213.1 — 213.7.)
| 1 Attempt 1 Solicitation C] Conspiracy Number of Victims Age 60 or Older
18.901 A 18.902 A 18 903
Lead? Offense Section Subsection PA Statute (Titte) Counts Grade NCIG Offense UCRINIBRS Code
(J interstate
[] Safety Zone
(2 Work Zone
Statute Description (include the name of statute or ordinance): THEFT BY DECEPTION
Acts of the accused associated with this Offense: In that the Defendant did intentionally obtain property of another by deception by creating a
false Impression, including false impressions as to law, value, intention or other state of mind. TC WIT: J'Mar Henderson intentionally filed fraudulent
applications for the Pandemic Unemployment Assistance program through the PA Department of Labor and Industry website for himself knowing that he was
not qualified to do so and that the information provided was false, and where the Defendant certified on the application that the Information provided was true
and correct, and where the fraudulent applications resulted in benefit payments of approximately $49,568,
[i Attempt
18 901A
18 902A
C] Conspiracy
18 903
Number of Victims Age 60 or Older
Lead?
Offenseit Section Subsection PA Statute (Title) Counts Grade Nele offense UGRINIBRS Code
L] Interstate [J] Safety Zone (1 Work Zone
Statute Description (include the name of statute or ordinance); RECEIVING STOLEN PROPERTY
Acts of the accused associated with this Offense: In that the Defendant, is gullty of theft if he intentionally receives, retains, or disposes of
movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property Is received, retained, or
disposed with Intent to restore it to the owner. TO WIT: J'Mar Henderson filed for Pandemic Unemployment Assistance benefits for himself and received the
funds from the benefit program while fully employed with the City of Philadelphia, knowing he did not qualify for such benefits,
C1 Attempt
18907 A
C1 Solicitation
18 902A
[1] Conspiracy
18 903
Number of Victims Age 60 or Older
Subsection
PA Slatute (Tite)
Counts.
~ Grade
NCIC Offense Code
(J Interstate
C1 Safety Zone
LJ Work Zone
Statute Description (include the name of statute or ordinance): TAMPERING WITH PUBLIC RECORDS
Acts of the accused associated with this Offense: In that the Defendant knowingly made a false entry in, or false alteration of, any record,
document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of
the government. TO WIT: J'Mar Henderson knowingly used false or fraudulent information in order to file applications for Pandemic Unemployment Assistance
program through the PA Department of Labor and Industry website.
AOPC 412A —
Rev, 7/18
Page he of?
*@% POLICE CRIMINAL COMPLAINT
Docket Number: ate ga: OTN/LiveScan Number Complaint/Incident Number
: : First: Middle: Last:
Defendant Name: | MAR MAURICE HENDERSON
2. | ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have
made.
3. i verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Gode (18 Pa.C.S. § 4904) relating
to unsworn falsification to authorities.
4. This complaint consists of the preceding page(s) numbered 1 through 5.
5. | certify that this filing complies with the provisions of ihe Case Records Public Access Policy of the Unified Judicial
System of Pennsylvania that require filing confidential information and documents differently that non-confidential
information and documents.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.) JA. \
(Date) (Year) (Signature of ej
AND NOW, on this date v. J UV NE /9- ALA | certify that the complaint has been properly completed and verified.
An affidavit of probable cause must be completed before a warrant can be issued.
(Magisterial District Court Number) wee vo ority)
a
fi
fz
et
\OPC 412A — Rev. 7/18 Paae -4 of 2
#3 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/Incident Number
Raion Name: First: Middle: Last:
Defendant Name: — | ‘MAR MAURICE HENDERSON
AFFIDAVIT of PROBABLE CAUSE
Your Affiant, Special Agent Kathryn Grady of the Pennsylvania Office of Attorney General (OAG), being
duly sworn to law, depose and say:
I. AFFIANTS’ BACKGROUND
Your Affiant, Agent Kathryn Grady, is a Special Agent employed by the Pennsylvania
Office of Attorney General, Bureau of Criminal Investigation, and is empowered by law to conduct investigations
and make arrests relating to white-collar crimes, theft, fraud, and other violations of Pennsylvania Law. Your
Affiant currently holds the designation of “Certified Fraud Examiner” and has conducted numerous investigations
involving financial crimes. Your Affiant has received training in electronic surveillance by the Pennsylvania State
Police in accordance with the Pennsylvania Wiretapping and electronic Surveillance Control Act. This training
resulted in the issuance of a class “A” certification, authorizing your Affiant to conduct criminal investigations
using various wiretapping equipment, as authorized by Chapter,57 of the Pennsylvania Crimes Code. Your
Affiant was certified to employ such techniques while conducting criminal investigations, maintaining “A”
certification number A-5948. Your Affiant has been so employed since January 2018 and is currently assigned to
the Financial Crime Section in Harrisburg, Pennsylvania. Prior to employment with the Pennsylvania Office of
Attorney General, your Affiant was employed as a Security Investigator at First National Bank of Pennsylvania
(formerly Metro Bank) and conducted fraud investigations with the Pennsylvania Office of Inspector General.
Based upon your Affiant’s law enforcement experience and training, your Affiant is familiar with the manner
in which various crimes are committed in the Commonwealth relating to public corruption, white collar crimes, theft.
and fraud. Based upon the foregoing training and experience, your Affiant has special expertise regarding the
practices of, and techniques used by, these offenders.
Cy
OPC 411C — Rev. 07/18 Page 1 of i>
ts POLICE CRIMINAL COMPLAIN’
Docket Number: SOP Filed: OTN/LiveScan Number | Complaint/incldent Number
* ' de oN : First: Middle: “ Last:
Defendant Name: JMAR MAURICE HENDERSON
Il. BACKGROUND OF INVESTIGATION
On March 27, 2020, the CARES Act was signed into law, which included Title IJ, Subtitle A, “Retief for
Workers Affected by Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program called
Pandemic Unemployment Assistance (PUA) that in general provides up to 39 weeks of unemployment benefits and
provides funding to the states for administration of the program. The PUA program provides unemployment
assistance to individuals not eligible for regular unemployment compensation (UC) or extended benefits under state
or Federal law, including those who have exhausted all rights to such benefits. While the U.S. Department of Labor
(US-DOL) oversees the Pandemic Unemployment Assistance (PUA) program, the Pennsylvania Department of
Labor & Industry (PA-DOL) administers the program in Pennsylvania.
PUA is only for individuals who are unemployed due to COVID-L9 reasons and does not cover individuals
without an attachment to the labor market or those who are unemployed for non-COVID-19 reasons. This benefit is
only for individuals who would otherwise be working but are unable to because of the current pandemic. According
the PA-DOL’s website, the following groups are explicitly defined as being ineligible to receive PUA: Inmates;
Retirees with no job and no job offer; Individuals who were not working at all or did not have a job offer; Children
who were not working in actual employment; Individuals being paid to file other people’s PUA application; College
Students with no job and no job offer; Individuals on Social Security Disability with no work attachment; Claimants
who work as an employee and qualify under regular Unemployment Compensation; Individuals living in a halfway
house on lock-down; and Landlords. Additionally, the Pennsylvania Department of Labor & Industry’s website
states that “Knowingly making false statements or omitting material facts to obtain PUA benefits to which you are "
not entitled will result in a disqualification and repayment of all overpaid PUA and corresponding FPUC benefits.
You may also be subject to criminal prosecution.” On June 1, 2020, the Pennsylvania Office of Attorney General
AOPC 412A — Rev. 7/18 PageA of 2,
dah POLICE CRIMINAL COMPLAIN
Docket Number: Date Filed: OTN/LiveScan Number Complaint/Incildent Number
Det ei tN — Fifst: Middle: Last:
efendant Name: JMAR MAURICE HENDERSON
received a referral letter from the Governor’s office referring investigation and prosecution of PUA-related fraud
based upon the findings of an audit conducted by the PA-DOL.
Ii. INVESTIGATION
On October 18, 2021, the Philadelphia Office of Inspector General referred this investigation to the Office
of Attorney General (OAG) based upon records that City of Philadelphia employees were receiving PUA benefits
while still actively employed with the City. J’mar Henderson was one of the City of Philadelphia employees
referred to this agency for investigation. Henderson began his employment with the City on June 25, 2018, and
remained consistently employed there at least through December 31, 2021. Payroll records reflect that Henderson
did not see a reduction in employment hours and received full payroll checks between January 5, 2020, and
September 26, 2021. The PUA program expired in Pennsylvania on September 4, 2021.
On June 7, 2020, Henderson completed a PUA application on the PA-DOL website. Henderson’s
application listed his address as 927 Bridge Street, Philadelphia, PA 19124, which is the same address listed in his
City of Philadelphia employment records. His application also listed telephone number (267) 312-9087. The
application indicated his last day of work with the City of Philadelphia was on January 9, 2020, and that he was
currently unemployed. Henderson also indicated that he was laid off of work due to a business closure. PUA
applications required each applicant to certify that the information submitted to PA-DOL was true and correct.
Prior to submission, Henderson completed this certification.
On June 8, 2020, PA-DOL issued Henderson two checks: Check # 1101201150 in the amount of $3,000,
and Check # 1101105589 in the amount of $7,436, drawn on Commonwealth of Pennsylvania Wells Fargo Bank
account ending in 4557. Your Affiant obtained records from Wells Fargo Bank via Search Warrant and
determined that the above checks were cashed at the Wells Fargo Bank branch located on 6420 Frankford St.,
AOPC 412A — Rev. 7/18 Page 9 of —>
se POLICE CRIMINAL COMPLAIN
Docket Number: Wf Filed OTN/LiveScan Number Complaint/Incident Number
First: Middle: Last:
Defendant Name: JMAR MAURICE HENDERSON
Philadelphia, PA 19135. Your affiant further determined that these checks were cashed with Pennsylvania Driver’s
License # 264 407 29, which belongs to Henderson.
Additional PUA benefits were issued to Henderson on two, US Bank Prepaid Debit Cards ending in 3035
and 7308, which were both mailed to his address, 927 Bridge Street, Philadelphia, PA 19124. According to US
Bank records obtained via Search Warrant, Henderson activated US Bank Debit Card 4912 8810 2266 3035 on
June 21, 2020. Henderson then reported US Bank Card ending in 3035 as “lost” on August 12, 2020. US Bank
subsequently issued Henderson a second debit card, 4912 8810 3653 7308, which was activated on August 18,
2020. PUA funds were issued to Henderson’s US Bank Card on a weekly basis pending his responses on the PA- ”
DOL website. In order to continue receiving PUA benefits, the applicant was required to file weekly
certifications. As part of the weekly recertification process, the applicant must indicate if they earned any wages.
If wages were reported, it would affect the amount of benefits the applicant received or render the applicant
ineligible for benefits.
The records provided by PA-DOL and US Bank indicate that Henderson received a total of $49,568 in
PUA benefits. Henderson’s employment records indicate that he was continuously employed with the City of
Philadelphia and did not see a reduction of hours. Therefore, Henderson’s gainful employment during this time
period makes him ineligible to have received these PUA benefits.
IV. CONCLUSION
Based on the facts and circumstances of this investigation, and your Affiant’s training and experience
involving thefts and white-collar-crime investigations, your Affiant believes that J’Mar Henderson fraudulently
obtained Pandemic Unemployment Assistance benefits. This investigation, which included records provided by the
Pennsylvania Department of Labor and Industry, Pennsylvania Treasury, Wells Fargo, and US Bank, revealed that
Henderson filed a PUA application and received $49,568 in benefits for which he was not eligible. The PUA
AOPC 412A — Rev. 7/18 Page “tof S
as POLICE CRIMINAL COMPLAIN’
Docket Number: Date Filed: OTN/LiveScan Number Compiaint/Incildent Number
re Fifst: Middle: Last:
Defendant Name: JMAR MAURICE HENDERSON
applications and weekly certifications specifically state that all information provided must be “true and complete.”
The certification also requires the applicant to acknowledge that any false statements made on the application is a
criminal offense.
The information above is based upon evidence gathered during the course of this investigation, which your
Affiant believes to be true and correct to the best of her knowledge. Based upon the aforementioned facts, your
Affiant respectfully requests an arrest warrant be issued for the defendant J] Mar Henderson.
l, KATHRYN GRADY, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS
SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
ECERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS.
(Signature of ath nt)
Sworn to me and subscribed before me this / on SH day of Si, Ne SOARS
mae Js Date ue UVE ~ |Z = , Magisterial District Judge
My commission expires first Monday ol anuary AO 7~ caf
AOPC 412A — Rev. 7/18 Page S of S
26 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNiLiveScan Numbe: Complaintincident Number
efandar . First: Middie: Last:
efenda| SHANAE N JOHNSON
The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate.
When there is more than one offense, each offense should be numbered chronologically.
(Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) allegedly violated,
without more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance{s) allagedly vlofated.
The age of the victim at the dime of the offense may be Included If known. In addition, social security numbers and financial information (e.g. PINs} should not
be listed. If the identity of an account must be established, list only the last four digits. 204 PA.Code §§ 213.1 — 213.7.)
1 (1 Attempt L] Sollcitation C1 Gonsptracy Number of Victims Age 60 or Older
18901 A 18902A 18 903
| 3922 A3 TITLE18 = | 1 | FB
Lead? Offense Section Subsection PA Statute (Title) Counts Grade NCIC Offense UCR/NIBRS Code
p rappil (1 interstate [1] Safety Zone [J Work Zone
"Statute Description (include the name of statute or ordinance): THEFT BY DECEPTION
Acts of the accused associated with this Offense: The defendant intentionally obtained the property of another by deception. A person decelves If
he/she Intentionally fails to correct a false impression which the decelver previously created or reinforced. Shanae Johnson applied for and received $47,370.00
of Pennsylvania Department of Labor and Industry Pandemic Unemployment Assistance (PUA) funds by creating and repeatedly reinforcing the false Impression
that she was no longer employed by the City of Philadelphia, Department of HUman Services.
Cj Attempt D Solicitation C] Conspiracy Number of Victims Age 60 or Older
2 | 3925 A
Section
_ Subsectlon PA Statute e Counts Gride NCIC Offense Cada UCRINIBRS Coda
m1 CI Interstate (4 Safety Zone 1 Work Zone
Statute Description (include the name of statute or ordinance): RECEIVING STOLEN PROPERTY
Acts of the accused associated with this Offense: The defendant intentionally received and retalned $47,370.00 in movable property belonging to
the Pennsylvania Department of Labor and Industry, knowing that it had been stolen.
CU Attempt [1] Solicitation C] Conspiracy Number of Victims Age 60 or Older
fen 18901A 18902 A 18903
Lead? _—dOffense# _ectlon ____ Subsection PA Statute Title) Counts Grade NCIC Offense Code UCR/NIBRS Code
if applic im CO interstate C} Safety Zone OJ Work Zone
Statute Description (include the name of statute or ordinance): TAMPERING WITH PUBLIC RECORDS
Acts of the accused assoclated with this Offense: A person commits the offense if he knowingly makes a false entry in, or false alteration of, any
record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for
Information of the government, Defendant Shanae Johnsen made false entries In the Pandemic Unemployment Applications she submitted,
AOPC 412A — Rev.12/21 Page ‘2. of 3
48) POLICE CRIMINAL COMPLAINT
Docket Number: ate Filed: OTNiLiveScan Number Complaintiincident Number
ae el First: Middle: Last:
SHANAE N JOHNSON
2. | ask that a warrant of arrest ora summons be issued and that the defendant be required to answer the charges | have
made.
3. | verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating
to unsworn fatsification to authorities.
4. This complaint consists of the preceding page(s) numbered 1 through 3 .
5. | certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial
System of Pennsylvania that require filing confidential Information and documents differently that non-confidential
information and documents.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonweaith
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in vioiation of the statutes cited.
(Before a warrant of arrest can be Issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)
SA TARYN LIEBTAG
who | 20 2Z.
AND NOW, on this date \ y U. VAG / (5 A yy) 2a, 2_|,cartify that the complaint has been properly completed and verified.
An affidavit of probable cause must be completed before a warrant can be issued. ey Winy,
(Magisterial District Court Number)”
AOPC 412A — Rev.12/21
43) POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNiLiveScan Number Complaintiincident Number
Oe So First: Middle: Last:
SHANAE N JOHNSON
AFFIDAVIT of PROBABLE CAUSE
Your Affiant, Special Agent Taryn Liebtag, #812, of the Pennsylvania Office of Attorney General (OAG) being duly sworn
to law, depose and say:
|. AFFIANT’S BACKGROUND
Your Affiant has been assigned to the Eastern Regional Office, Bureau of Criminal investigation Section of the Office of
Attorney General since July 2020, As a Special Agent, your Affiant's primary duties are to investigate crimes, interview
and interrogate suspects and witnesses, prepare and execute search warrants, file criminal complaints and make arrests
of criminal activity reported to the Office of Attorney General. Prior to becoming a Special Agent, your Affiant was a
Consumer Protection Agent with the Office of Attorney General for 5 years, and in June 2018, became a Certified Fraud
Examiner (CFE), which combines knowledge of complex financial transactions with an understanding of investigative
techniques and legal issues, Based upon your Affiant’s law enforcement experience and training, your Affiant is familiar
with the manner in which various crimes are committed in the Commonwealth relating to white collar crimes, theft, and
fraud.
il. BACKGROUND OF INVESTIGATION
On 3/27/2020, the CARES Act was signed into law, which included Title li, Subtitle A, “Relief for Workers Affected by
Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program called Pandemic Unemployment
Assistance (PUA) that provided up to 79 weeks of unemployment benefits and provided funding to the states for
administration of the program. The PUA program provided unemployment assistance to individuals not eligible for
regular‘ unemployment compensation (UC) or extended benefits under state or Federal law, including those who
exhausted all rights to such benefits. While the U.S. Department of Labor (USDOL) oversees the Pandemic
Unemployment Assistance (PUA) program, the Pennsylvania Department of Labor & Industry administers the program in
Pennsylvania.
PUA was only available to individuals who were unemployed due to COVID-19 reasons and did not cover individuals
without an attachment to the labor market or those who were unemployed for non-COVID-19 reasons. This benefit was
only for individuals who would otherwise be working but were unable to because of the pandemic. According the
Pennsylvania Department of Labor & industry's website, the following groups were explicitly defined as being ineligible to
receive PUA: “Inmates; Retirees with no job and no job offer; Individuals who were not working at all or did not have a
job offer; Children who were not working in actual employment; Individuals being paid to file other people’s PUA
application; College Students with no job and no job offer; Individuals on Social Security Disability with no work
attachment; Claimants who work as an employee and qualify under regular Unemployment Compensation; Individuals
living in a halfway house on lock-down; and Landlords”. Additionally, the Pennsylvania Department of Labor & Industry's
website stated that “Knowingly making false statements or omitting material facts to obtain PUA benefits to which you
are not entitled will result in a disqualification and repayment of all overpaid PUA benefits. You may also be subject to
criminal prosecution,”
AOPC 411C — Rev. 12/21
Page i of 4
tas POLICE CRIMINAL COMPLAINT
cket Number: Date Filed: OTNiLiveScan Number Complaintiincident Number
First: Middle: Last:
SHANAE N JOHNSON
Iii. FRAUDULENT CLAIM
The Pennsylvania Department of Labor and Industry (Labor and Industry) reported that on 6/16/2020, Shanae N.
Johnson, DOB 11/03/1989, SSN 1 (as referenced on Confidential Information Form) applied for PUA benefits. Applicants
could receive benefits for lost wages predating their application, and Johnson applied for and was awarded benefits for
weeks ending on 3/21/2020 through 9/04/2021. Applicants were required to complete weekly certifications of their
employment status in order to continue to receive benefits, and Labor and Industry records show that certifications were
submitted for each week Johnson received benefits.
Labor and Industry also provided application and payment information regarding Shanae N, Johnson’s claims, which show
that Johnson’s PUA application submitted on 6/16/2020 was filed using DOB 11/03/1989, SSN 1, email address
armj1216@gmail.com, and phone number 215-834-9407. On the application It was reported that Johnson was
unemployed as a direct result of a pandemic or major disaster and that the major disaster was “COVID-19”. On the
application it was reported that Johnson’s fast day of employment was 3/17/2020, and that she was “Not Working”. On
01/22/2021, two applications were filed to reopen the claim (providing the same identifying and contact Information),
which again reported Johnson's last day of employment as 3/17/2020. These applications again reported that Johnson
was unemployed as a direct result of a pandemic or major disaster and that the major disaster was “COVID-19”.
Information provided by Labor and industry shows that PUA payments were made to US debit card(s) associated with US
Bank account / customer ID XXXXX6678 held by Shanae Johnson (DOB 11/03/1989, SSN 1, email address
arm(1216@gmail.com, and phone number 215-834-9407).
According to the PA Department of Labor and Industry employment database, the City of Philadelphia reported wages for
Shanae Johnson (SSN 1) for all quarters of 2020 and 2021. Additionally, AmeriBest Home Care Inc. reported wages for
Johnson for all quarters of 2020. The Office of the Inspector General for the City of Philadelphia confirmed that Johnson
was employed full time as a Social Work Services Manager 2 for the City of Philadelphia, Department of Human Services
during the period for which she received benefits, and that no wages were lost due to the COVID-19 pandemic.
Vv. US BANK SEARCH WARRANT
Based on the above information, your affiant obtained a search warrant for US Bank account records associated with
Shanae Johnson, US Bank provided card holder information, card information, and transaction history in reference to
Customer iD XXXXX6678, associated with Shanae Johnson, DOB 11/03/1989 with an address of 3232 W. York St.,
Philadetphia, PA 19132.
From 6/30/2020 to 9/30/2021, fifty-eight (58) payments totaling $47,370.00 were deposited onto the account's debit
cards by the Commonwealth of PA for “UCBENEFITS", listing the payee as Shanae Johnson. Between 7/23/2020 and
4/28/2021, nine (9) transactions took place, transferring $17,725.00 from Johnsons’ US Bank debit card XXXXXX0323 to
AOPC 412A — Rev.12/21 : —_ “Page 2.of 4
sah POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTNiLiveScan Number Complaint/incident Number
SHANAE N JOHNSON
Police and Fire Federal Credit Union FAN1 {as referenced on Confidential Information Form) via Automated Clearing
House (ACH) withdrawal. Account records for each transaction referenced “Shanae Johnson” and “Personal Checking”.
Vv. POLICE AND FIRE FEDERAL CREDIT UNION SEARCH WARRANT
Based on the above information, your affiant obtained a search warrant for Police and Fire Federal Credit Union
(PFFCU) account records associated with FAN. PFFCU provided account holder information, monthly statements, and
deposit and withdrawal information in reference to FAN1, an account held by Shanae Johnson, DLN1, SSN1, DOB
11/03/1989, with an address of 3232 W. York St., Philadelphia, PA 19132,
A review of Johnson’s PFFCU statements confirmed transactions which correspond with the US Bank transfers — nine
(9) deposits cleared Johnson’s account between 7/24/2020 and 4/29/2021. The transactions were all labeled “Deposit
ACH” and totaled $17,725.00, Each deposit corresponded with a withdrawal of the same amount from Johnson’s US
Bank account. During the time that Johnson was receiving PUA benefits, numerous biweekly deposits appear on the
FAN1 statements, identified as “Deposit ACH City of Phila”. There are also a number of regular deposits until 12/2020,
which appear to be income from a secondary job, labeled as “Deposit ACH AMERIBEST HOME C”.
Vi. CITY OF PHILADELPHIA EMPLOYMENT RECORDS
On 1/25/2022, the Office of the Inspector General for the City of Philadelphia provided employment records which
showed that Shanae Johnson (SSN 1) was employed by the City of Philadelphia during the time she was collecting PUA
benefits. The data they provided showed that Johnson was working regularly and receiving direct deposit payments from
the City of Philadelphia except for a period from 10/20/2020 — 1/06/2021, when Johnson was out on unpaid leave either
categorized as “FMLA” or otherwise “unpaid leave”. Aside from the segment of unpaid leave, Johnson received biweekly
paychecks and 3 salary increases from the City of Philadelphia while collecting PUA benefits,
Vit. CONCLUSION
Per the CARES Act, PUA was only available to individuals who were unemployed due to COVID-19 reasons. While Johnson
was employed by the City of Philadelphia, she applied for PUA benefits on 6/16/2020 and again on 1/22/2021. During
that time, the she received $47,370.00 in benefits and submitted regular weekly certifications confirming she was
unemployed.
Affiant requests an arrest warrant charging Shanae N. Johnson with 18 Pa.C.S.A. § 3922(a}(3) Theft By Deception, §
3925(a) Receiving Stolen Property, and § 4911{a)(1) Tampering with Public Records.
AOPC 412A — Rev.12/21 ~ ) Page 3 of
a POLICE CRIMINAL COMPLAINT
Date Filed: SED, Number Complainténcident Number
First: Middle: Last:
SHANAE N JOHNSON
I, SA TARYN LIEBTAG, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS
SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
| CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS.
Sworn to me and subscribed before me this ; T Une. att wyihuty brn
My commission expires first Monday of vendery AVA SP }
AOPC 412A — Rev.12/21 ; . ‘page 4 of 4
48 POLICE CRIMINAL COMPLAINT
Docket Number: Date Fil nese, Number Complatntiincidant Number
Defendant Name: | “1 First: Middle: Last:
e "Name: STACEY DJUAN MOULTRIE
2, | ask that a warrant of arrest or a summons be Issued and that the defendant be required to answer the charges } have
made.
3. { verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S, § 4904) relating
to unsworn falsification to authorities,
4, This complaint consists of the preceding page(s) numbered 1 through 8.
5. | certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judictal
System of Pennsylvania that require filing confidential information and documents differently that non-confidential
information and documents,
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary fo the Act(s) of the Assembly, or in violation of the statutes cited. ,
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)
S/A MICHAEL MCNICHOLAS
(Date)
(Signature of Affiant}
AND NOW, on this date TH ye /. 3, oh. AAS certify that the complaint has bean properly completed and verified.
An affidavit of probable cause must ba completed before a warrant can be issued,
{Magisterial District Court Number)
AOPC 412A ~ Rev.12/21.
Page__ of __
t+ POLICE CRIMINAL COMPLAINT
Docket Number: Datp Filed: -» OTNiLiveScan Number 4 Complainténcident Number
Defend tN First: Middie: Last
sfendant Names” | STACEY DJUAN MOULTRIE
AFFIDAVIT of PROBABLE CAUSE
Your Affiant, Special Agent Michael McNicholas, #853, of the Pennsylvania Office of Attorney General (OAG) being
duly sworn to law, depose and say:
1. AFFIANT’S BACKGROUND
Your Affiant, Michael McNicholas, #853, is a sworn Special Agent with the Pennsylvania Attorney General, Bureau of
Criminal Investigation, As a Special Agent, your Affiants Primary duties are to investigate crimes, interview suspects
and withesses, prepare and execute search warrants, file criminal complaints and make arrests for criminal activity
reported to the Office of the Attorney General, Your Affiant has approximately thirty two years of law enforcement
experience prior to employment with the Office of the Attorney General as a patrol officer and narcotics investigator
with the City of Philadelphia. During your Affiants career, your Affiant has investigated crimes including but not limited
to gun violence, robbery, assaults, thefts, identity thefts, violations of the Uniform Firearms Act, and Pennsylvania
Controlled Substance, Drug Device, and Cosmatics Act.
The facts set forth In this affidavit are based upon your Affiants knowledge; knowledge obtained from other
individual/entities during their participation In this Investigation, including other law enforcement personnel; review of
documents and records related to this investigatlon; communications with others who have personal knowledge of the
events and circumstances described herein; as well as information gained though our training and experience.
ll. BACKGROUND OF INVESTIGATION
On March 27, 2020, the CARES Act was signed into law, which included Title I, Subtitle A, “Reltef for Workers Affected
by Coronavirus Act.” Section 2102 of the CARES Act created a temporary federal program called Pandemic
Unemployment Assistance (PUA) that provided up to 79 weeks of unemployment benefits and provided funding to the
states for administration of the program. The PUA program provided unemployment assistance to Individuals not
eligible for regular unemployment compensation (UC} or extended benefits under state or Federal law, including those
who exhausted all rights to such benefits. While the U.S. Department of Labor (USDOL) oversees the Pandemic
Unemployment Assistance (PUA) program, the Pennsylvania Department of Labor & industry administers the program
in Pennsylvania.
PUA was only available to individuals who were unemployed due to COVID-19 reasons and did not cover individuals
without an attachment to the labor market or those who were unemployed for non-COVID-19 reasons, This benefit was
only for individuals who would otherwise be working but were unable to because of the pandemic. According the
Pennsylvania Department of Labor & Industry’s website, the following groups were explicitly defined as being Ineligible to
receive PUA: “Inmates; Retirees with no job and no job offer; Individuals who were not working at all or did not have a
job offer; Children who were not working In actual employment; Individuals being paid to file other people’s PUA
application; College Students with no job and no job offer; individuals on Social Security Disability with no work
attachment; Claimants who work as an employee and qualify under reguiar Unemployment Compensation; Individuals
living In a hatfway house on lock-down; and Landlords”, Additionally, the Pennsylvania Department of Labor & Industry’s
website stated that “Knowingly making false statements or omitting material facts to obtain PUA benefits to which you
are not entitled will result in a disqualification and repayment of all overpaid PUA benefits. You may also be subject to
criminal prosecution.”
AOPC 414C— Rev. 12/22
Page 1 of __
484 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: ; OTNiLiveScan Number Complaintincident Number
‘ LAN 3) First Middle: Last:
Defendant Name: °°} eTACEY DIUAN MOULTRIE
tl FRAUDULENT CLAIM :
The Pennsylvania Department of Labor and Industry (Labor and industry) reported that Stacey Djuan Moultrie, DOB
11/15/1957, SSN 1 (as referenced on Confidential Information Form) applied for PUA on 6/18/2020 and received twelve
(12) weeks of benefit payments. Applicants could recelve benefits for lost wages predating their application, and Mouttrie
applied for and received benefits for weeks ending on 4/9/2020 through 8/29/2020, Applicants were required to
complete weekly certifications of their employment status in order to continue to receive benefits, and Labor and
Industry records. show that certifications were submitted for each week Moultrie received benefits.
Labor and Industry also provided application and payment information regarding Stacey Djuan Moultrle’s claims, which
show that Moultrie’s PUA application submitted on 6/18/2020 was filed using DOB 11/15/1957, SSN 1, email address
stacey55@icloud.com, and phone number 215-738-6837, On the application it was reported that Moultrie’s last day of
employment was 4/8/2020, and that she was “Not Working”,
Information provided by Labor and industry shows that PUA payments were made to US debit card(s} associated with US
Bank account / customer 1D XXXXX0234 (FAN1) held by Stacey Moultrie (DOB 11/15/1957, SSN 1, email address
stacey55@icloud.com, and phone number 215-738-6837) as well as two Wells Fargo checks totaling $10,550.00,
A check of the Labor and industry employment database showed that Stacey Djuan Moultrie (SSN 1) was employed by
the City of Philadelphia during Q1 of 2020 through Q2 of 2021. The Office of the Inspector General for the City of
Philadelphia confirmed that Moultrie was employed full time as a Social Work Services Manager 2 for the City of
Philadelphia, Department of Human Services during the period for which she received benefits, and that no wages were
lost due to the COVID-19 pandemic,
IV. US BANK SEARCH WARRANT .
On October 27, 2021 SA James Dunlap obtained Search Warrant 210274-1 for CT Corporation Registered Agent for US
Bank to pravide all documents and account information in reference to US Bank account/custamer ID XXXXX0234
(FAN1) associated with Stacey D, Moultrie, DOB: 11/15/1957, This Search Warrant was served on CT Corporation
located at 600 N. 2" Street, Suite 401, Harrisburg, PA 17101 on 10/27/2021 at approximately 10:17 AM.
Search Warrants 210274-1 was reviewed and approved by SDAG Thomas Ost-Prisco on 10/25/2021 and Signed by
Dauphin County Pennsylvania Magisterial District Judge Sonya M. McKnight on 10/27/2021.
- Asa result of Search Warrant 210274-1, US Bank provided the following; Zip File containing, cardholder information with
the name Moultrie, Stacey D. 16-digit Card Number: XXXXXXXXXXXX6067 (FAN2), 8061 Temple Road 19150, Birth Date:
November 15, 1957, Home Phone: 2157386837 and email address stacey55@icload.com. Transaction history and }P
address were also provided.
83 POLICE CRIMINAL COMPLAINT
ket Number: Date Fiiad; OTNiLiveScan Number | Cormplaintincident Number
Defen dant Naine: rea First: Middle: Last:
i “| STACEY DIVAN MOULTRIE
V. WELLS FARGO SEARCH WARRANT
On October 27, 2021 SA James Dunlap also obtained was Search Warrant 210274-2 for Wells Fargo Bank to identify
the Bank and account of First Deposit for Wells Fargo Bank PUA checks #1101562277 and #1101555560 issued In the
name Stacey D, Moultrie. This Search Warrant was served on Wells Fargo Bank, Harrisburg Capito! Branch located at
30 N. 3 Street, Sulte 100, Harrisburg, PA 17101 on 10/27/2021 at approximately 10:36 AM,
Search Warrants 210274-2 was reviewed and approved by SDAG Thomas Ost-Prisco on 10/25/2021 and Signed by
Dauphin County Pennsylvania Magisterial District Judge Sonya M. McKnight on 10/27/2021.
Asa result of Search Warrant 210274-2, Wells Fargo Bank provided Zip File, Case #25850009, containing a Business
Records Declaration referencing check # 1101562277 In the amount af $5400.00 was credited to Police and Fire
Federal Credit Union and check # 1101555560 | in the amount of $5150.00 was credited to the Police and Fire Federal
Credit Union.
Vi. = POLICE AND FIRE FEDERAL-CREDIT UNION SEARCH WARRANT
Search Warrant 210274-4 was obtained on December 27"*,2021 for the aforementioned Police and Fire Federal Credit
Union Banking records and voided shortly thereafter when it was determined the warrant did not specify a specific
time frame for the requested Police and Fire Federal Credit Union banking records, This Search Warrant was replaced
with Search Warrant 210264-5,
On January 12"", 2022 the Police and Fire Federal Credit Unlon-provided by emall the requested banking records e.g.,
account holder information in the same of Stacey Moultrie, Account #XXXXXX2701 (FAN3), financial records including;
monthly bank statements which included a Police and Fire Federal Credit Union transaction receipt dated 06/27/20 at
8:46am documenting $5,400.00 deposit Into Stacey Moultrie’s checking account and a deposit of $5,150.00 into
Stacey Moultrie’s saving account. This receipt also documents a withdrawal in the amount of $1,000.00 In cash which
Stacey Moultrie signed the recelpt.
Vi. «STACEY D. MOULTRIE INTERVIEW
On Friday, March 25", 2022 at 11:29am SA Michael MeNicholas contacted Stacey Moultrie inquiring if she would be.
interested in being Interviewed jn reference to this investigatton. Ms. Moultrie agreed to be interviewed on
Wednesday, March 30", 2022 at 9:00am at her residents, 8061 Temple Road Philadelphia PA, 19150,
On Sunday, March 27", 2022 at 12:05pm SA MeNicholas had a missed call from Ms. Moultrie. One Monday, March
, 28°", 2022 at 8:30am, Ms. Mouitrie called SA McNicholas asking if she could reschedule her.interview to today (March
28", 2022) because her schedule was very busy the rest of the week. Ms. Moultrie called SA McNicholas again on
March 28th at 9:02am stating that she didn’t sleep ali weekend and ask “What do | need to do, pay the money back? |
only filed the claim based on overtime that | had lost, | didn’t think | did anything wrong.” After a brief discussion in
reference to scheduling issues, Ms. Moultrie agreed to move forward on March 30", 2022 with her interview.
On Wednesday March 30", 2022 at 9:35am SA Michael McNicholas and SA Taryn Liebtag interviewed Stacey Moultrie
in reference to her application for Pennsylvania Pandemic Unemployment Assistance (PUA) as well as the payments she
AQPC 412A—Rev.12/24 Page _ of
at POLICE CRIMINAL COMPLAINT
Oe tNumbe afe Filed: aM IveScan Number Complaintiincidant Number
b fe " nt Na icy First: Pld ' Last:
fon an lames. "| STACEY DIUAN . MOULTRIE
Ms. Moultrie was shown the Pennsylvania Pandemic Unemployment Application Snapshot date June 18", 2020 which
she confirmed was the information she provided in order to recelve PUA funds. Ms. Moultrie further confirmed, after
being shown page 3 of the application that she requested a debit card as her methad of payment, although initially she
suggested that she did not recall requesting a debit card,
Ms, Moultrie was shown Wells Fargo PUA Check#1101555560 {n the amount of $5,150.00 and Check #1101562277 in
the amount of $5,400.00. Ms, Moultrie was also shown a recelpt from the Police and Fire Federal Credit Union showing
Account #XXXXXX2701 (FAN3} and the name MOULTRIE, STACEY at the top, confirming the checks were deposited into
her checking and savings accounts on June 27", 2020 at 8:46am and $1000,00 In cash was withdrawn, which Ms.
Moultrie signed the receipt, Moultrie confirmed t that she did receive these checks and did deposit the checks Into her
PFFCU accounts,
Ms. Moultrie confirmed that she never had a break in employment from the city of Philadelphia and did not miss a pay
check until her retirement. Ms, Moultrie was then ask about certifying her weekly earning on the PUA website to which
she answered yes { did, but does not remember having a debit card. Moultrie further stated that she wasn’t saying No,
she just can’t remember, but intends to search her lock box to see if she still has the card.
Ms. Moultrie was then ask what the reason was for her application for PUA asslstance was, she stated that it was
explained to her that If she lost overtime due to the pandemle she would be eligible for PUA funds, She further stated
that at the time she didn’t belleve she was doing anything wrong but now she guesses she did. Moultrie went on to say
that if she did anything wrong she will pay the money back, and that due to the processing time relating to her pension
from the City of Philadelphia, she had enough money saved to pay the money back,
After SA McNicholas and SA Liebtag concluded the interview at 9:50am and left Ms. Moultrie’s residence. Moultrie
calted SA McNicholas on his cell phone at 9:58am stating that she found the debit and wished to amend her interview
to include that she did have the debit card and did receive PUA payment via the US Back debit card.
SA MeNicholas and SA Liebtag returned to 8061 Temple Rd. and continued Ms. Moultrie’s recorded irtterview at
10:09am, At that time Ms. Moultrie produced a US Bank debit card #XXXXXXXXXXXX6067 (FAN2) which expires‘on
06/25 in the name of Stacey M. Moultrie. Ms, Moultrie was then shown the Pennsylvania Pandemic Unemployment
Assistance Claim history which she reviewed and confirmed that she did certify the weekly claims and did use the debit
card but doesn’t not remember specific transactions, just that she used the card. The Interview was then concluded at
10:10am.
VIL CITY OF PHILADELPHIA EMPLOYMENT RECORDS ©
On 1/25/2022, the Office of the inspector General for the City of Philadelphia provided employment records which
showed that Stacey D. Moultrie (SSN 1) was employed by the City of Philadelphia during the time she was collecting
PUA benefits. The data they provided showed that Moultrie was working regularly and receiving direct deposit
payments from the City of Philadelphia,
AOPC 412A — Rev.12/21
"page _ of _
oat POLICE CRIMINAL COMPLAINT
Docket Number: Nate Filed: OTNiLiveScan Number Complaintiincldent Number
b fe d tN First: Middle: Last;
efendan ames STACEY DIUAN MOULTRIE
Per the CARES Act, PUA was only available to individuals who were unemployed due to COVID-19 reasons. While Moultrie
was employed by the City of Philadelphia, she applied for PUA benefits on 6/18/2020 and received $23,112.00 In benefits
according to the Certain Government Payments 1099G, Moultrie also submitted regular weekly certifications confirming
she was unemployed,
Affiant requests an arrest warrant charging Stacey D. Moultrie with 18 Pa.C.$.A, § 3921{a} Theft By Unlawful Taking, §
3922(a)}{3) Theft By Deception, and § 3925(a) Receiving Stolen Property,
1, S/A MICHAEL MCNICHOLAS, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE
FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION AND BELIEF.
1 CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAT NON-CONFIDENTIAL INFORMATION AND DOCUMENTS.
(Signature of Affiant)
Sworn to me and subscribed before me @ this 7" Ao of eee Me z“ Co Gu
My commission expires first t Monday of January, OO od a SR a
‘AOPC 432A- — Rev.i2/24 ” Page _ of _
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