Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 1 of 12

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1 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 1 of 12 # F'ILED w TM n.c. Jan 19, 2016 UNITED STATES DISTRICT COURT tti EN U M S slm DIS'L IKKE jṭ SOUTHERN DISTRICT OF FLORIDA s.o, JF guk -w. : O9-CR-MARRA/MATTHEW MAN ase inm 18 U.S.C. j U-S.C. j 1029(a)(2) UNITED STATES OF AMERICA, 18 U.S.C. j 1028A 18 U.S.C. j U.S.C. j 2 JASON HENRY DAVIS, Defendant. / INDIC M NT n e Grand Jury charges that: GENERAL ALLEGATIONS At a 1 tim es m aterial to this indictm ent: l. Defendant JA SO N H EN RY DAV IS was the son of S.A.D. and Henry Thurston Davis, Jr. 2. S.A.D. and Henry T. Davis, Jr. were divorced in or about From at least as early as in or about January 2005 until a date unknown to the grand jury but as early as in or about 2008, Henry T. Davis, Jr. lived with his ex-w ife S.A.D. and defendant JASO N H EN RY DAVIS in a trailer located on Seashore Drive, in Lantana. Florida (.#The Seashore Drive Trailer'). Henry T. Davis, Jr. retired in or about Decem ber 2003 from the Housing Authority of Gloucester County in New Jersey. From in or about November 2004 until in or about February 2014, pension retirem ent benefits from the Housing A uthority of Gloucester County were issued in his nam e. The pension retirem ent benefsts w ert funded in part by tht

2 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 2 of 12 United States Department of Housing and Urban Development through the N ew Jersey Public Em ployees' Retirem ent System. Henry T. Davis, Jr. becam e eligible for retirem ent benefits from the United States Social Security A dm inistration in or about Septem ber From in or about O ctober 2006 until in or about Septem ber 2014, Social Security retirem ent benefits were issued in his name. 5. From at least as early as in or about January 2005, benefit checks issued to H enry T. D avis, Jr. were cashed at various locations in and around Lantana, Florida. Benefit checks to Henry D avis, Jr. continued to be cashed in and around Lantana,Florida, until in or about February, 20l l. Beginning in or about M arch 2008, however, there w as a noticeable change in the ûtl-lenry Davis' endorsem ent signature t)n these checks. 6. O n or about October 2, 2008, an account in the nam e of Henry T. D avis, Jr. w as Opened online at W ashington M utual, lnc. ($1W am u'). No in-person veritication of the account holder was made by W am u. Henry T. Davis, Jr. was listed as the only authorized user of the account. In or about July 2009, WaMu was taken over by by JpMorgan Chase and Co. (kûlpm organ Chase'). From in or about M arch 2009 through in or about Septem ber 2014, Henry T. Davis, Jr.'s Social Security benefits were wire transferred and direct deposited to the W am u/lpm organ Chase account in his nam e. 8. From in or about February 201 through in or about February 20 l 4, Henry T. Daviss Jr.'s pension retirement benetits were wire transferred and direct deposited the W am u/lpm organ Chase aceount in his nam e.

3 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 3 of From in or about M arch 2008 through in or about September 2014, approximately $64,78 1 in Social Security retirem ent benetlts were issued in the nam e of H enry T. D avis, Jr. 10. From in or about M arch 2008 through in Or about February 2014, approximately $53,979 in federa ly-funded pension retirem ent benefits w ere issued in the nam e ofl-lenry T. D avis, Jr S.A.D. died from complications Of cancer on or about Novem ber 14, On or about A pril 18, 20l 3, the skeletal rem ains of H enry T. D avis, Jr. w ere found by renters planting tom atoes in the backyard of The Seashore Drive Trailer. A lthough officials could not determ ine a date of death, exam ination of the remains contlrm ed that the death occurred m any years before the discovery. The State of Florida M edical Exam iner certitsed the m anner of death as hom icide, and the cause ofdeath as strangulation. COIN S OM! THROUGH EIGHT W IREFRAUD 18 U.S.C Paragraphs 1 through 12 of the G eneral A legations section of this indictm ent are rea leged and incorporated by reference as though fu ly set forth herein. 14. Beginning on a date tmknown to the grand jtu'y but as early as in or about 2008, and continuing through in or about October 2014, in Palm Beach County, in the Southern D istlict of Floridw and elsewhere, the defendant, JASON HENRY DAVIS, did knowingly, and with intent to defraud, devise and intend to devise a schem e and artifice to det-raud and tbr obtaining m oney and propelty from the U nited States Social Seculity Administration, the United States Departm ent of Housing and Urban Developm ent, the Housing Authority of Gloucester County in N ew Jersey, and the N ew Jersey Public

4 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 4 of 12 Employees' Retirement System, by means of materialy false and fraudulent preterkses and representations, and material omissiorks of fact, knowing that they were materialy fklse and fraudulent w hen m ade and om itted. PURPOSE OF TIIE SCHEME AND ARTIFICE TO DEFRAUD 15. lt w as the purpose ofthe schem e and artitice to defraud for defendant JASO N H EN RY DA V IS to obtain m oney under false and fraudulent pretelzses and representations, and w1t.1: material om issiorks of fact, by tmlaw fu ly using his father H enry R. Davis, Jr.'s identity in order to colect his tàther's federally-ftmded Social Security and pension retirem ent benetits, with knowledge of his father's tmreported death. MANNER AND MEANS 16. The m mm er and m eans by which the defendant JASO N H ENR Y DA VIS sought to accom plish the purpose and object ofthe scheme and artitke to deâaud included, among other things, the folowing: a. Defendant JASON HENRY DAVIS was present when his father, Henry T. Davis, Jr., was violently m urdered and buried in the backyard of The Seashore D rive Trailer. b. W ith know ledge of the continued issuance of federa ly-funded Social Security and pension retirement benefits in the name of his father, defendant JASON HENRY DAVIS failed to inform the United States Social Security Administrationp the United States Department of Housing and Urban Development, the Housing Authority of Gloucester County in N ew Jersey, the New Jersey Public Em ployees' Retirem ent System, or any other authorities, of the death ofhis fkther, Henry T. Davis, Jr. c. After his father' s dealh, defendant JASON IIENRY DAVIS used his father' s identity to colect and use his father's monthly Social Security and pension retirem ent benefits.

5 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 5 of 12 Defendant JASON HENRY DAVIS accessed the funds tirst by cashing checks made out to Henry T. Davis, Jr., and later by withdrawing monies from the WaMu/lpMorgan Chase account in the nam e of Henry T. Davis, Jr. 'rhe m onies w ere w ithdrawn as A TM cash withdrawals and through purchases, al1 with a debit card in the name of Henry T. Davis, Jr. USE OF THE W IRES 17. On or about the dates specified as to each Count below, in Palm Beach County, in the Southern District of Florida, and elsew here, defendant JA SO N H EN R Y DA V IS, for the purpose of executing the scheme and artifice to defraud and for obtaining money and property by means of m aterialy false and fraudulent pretenses and representations, and material omissions of fact, did knowingly cause to be transmited, by means of wire com m unication in interstate and foreign com m erce, certain w ritings and signals relating to the Social Security and pension benefits of Henry T. D avis, Jr., as set forth in each Count below-. COUNT DATE INTERSTATE W IRE $788 Social Security benefit wire transfer from the United 1 D ecember 14, 2011 States Treasury Regional Financial Center, Philadelphia, Pennsylvania to an account in the name of. Henry T. Davis, Jr. at JpM organ Chase, Lantana, Florida. $ State of New Jersey retirement alowance wire transfer fiom the State of New Jersey, Department of 2 March 1, 2012 Treasury account at Wels Fargo Bank, New Jersey to an account in the name of Henry T. Davis, Jr. at JpMorgan Chase, Lantana, Florida.

6 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 6 of 12 $8 16 Social Security benefit wire transfer from the United 3 June 13, 2012 States Treasury Regional Financial Center, Philadelphia, Pennsylvania to an account in the name of Henry T. Davis, Jr. at JpM organ Chase, Lantana, Florida. $ State of N ew Jersey retirement allowance wire transfer t'rom the State of New Jersey, Department of 4 August 31, 2012 Treasury account at W els Fargo Bank, New Jersey to an account in the name of Henry T. Davis, Jr. at JpMorgan Chase, Lantana, Florida. $816 Social Security benefit wire transfer from the United States Treasury Regional Financial Center, Philadelphia, D ecem ber l2, 2012 P ennsylvania to an account in the name of - Henry T Dav js, Jr. at JpM organ Chase, Lantana, Florida. $ State of New Jersey retirement alowance wire transfer from the State of New Jersey, Department of 6 March 1, 20l 3 Treasury account at Wells Fargo Bank, New Jersey to an account in the name of Henry T. Davis, Jr, at JpMorgan Chase, Lantana, Florida. $827 Social Security benefit wire transfer from the United 7 April 10, 2013 States Treasury R egional Financial Center, Philadelphia, P ennsylvania to an account in the name of Henry T. Davis, Jr. at JpM organ Chase, Lantana, Florida. $841 Social Security benefit wire transfer from the United 8 Septem ber 10, 2014 States Treasury Regional Financial Center, Philadelphia, P ennsylvania to an account in the name ot - Henry T. Davis, Jr. at JpM organ Chase, lwantana, Florida. A 11 in violation of-ritle l 8, United States Code, Sections 1343 and 2. COUNT NINE ACCESS DEVICE FRAUD 18 U.S.C. j1029(a)(2) From on or about N ovem ber 14, 201 1, through on or about October 6, 2014, in Palm Beach County, in the Southern District OfFlorida, the detkndant, JASON HENRY DAVIS, 6

7 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 7 of 12 did knowingly, and with intent to defraud, use an unauthorized access device, that is, a JpM organ Chase B ank debit card in the nam e of tûl-lenry T. D aviss Jr.,' during any one-year period, and by such conduct did obtain anything of value aggregating $1,000 or m ore during that period, said conduct affecting interstate and fbreign eom m erce. A 1 in violation of Title 1 8, United States Code, Section l 029(a)(2). COUNTS TEN THROUGH TW ENTY-ONE AGGRAVATED IDENTITY THEFT 18 U.S.C. j1028a From on or about the dates specifled below as to each count, in Palm Beach County, in the Southern D istrict offlorida, and elsewhere, the defèndant, JASON HENRY DAW S, during and in relation to felony violations of Title l 8, United States Code, Section 1343, that is, wire fraud, as charged in Counts One through Eight, and to a felony violation of Title 1 8, United States Code, Section 10294:)(2), that is, access device fraud, as charged in Count Nine, did knowingly possess and use, w ithout law ful authority, the m eans of identitication of another person, that is, the nam e of k'henry T. Davis, Jr.' on a debit card, in the manner specitied in each count below: COUNT DATE TRANSACTION 10 November l4, 20l 1 $400 ATM W ithdrawal, Greenacres, Florida. 1 1 Novem ber 14, 20l 1 $500 ATM W ithdrawal, Greenacres, Florida. 12 February 6, 2012 $500 ATM W ithdrawal, W est Palm Beach, Florida. 13 April 3, 2012 $400 ATM W ithdrawal, W est Palm Beach, Florida. 14 October 1 1, 2012 $ Bank Card Purchase, Past, Present & Future Comics, W est Palm Beach, Florida.

8 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 8 of February 1, $500 ATM W ithdrawal, W est Palm Beach, Florida. l 6 April l 5, 20l 3 $500 ATM W ithdrawal, Lake W orth, Florida. 17 April 15, 2013 $440 ATM W ithdrawal, Lake W orth, Florida. 18 August 1, 2014 $500 ATM W ithdrawal, W est Palm Beach, Florida. 19 Septem ber 2, 2014 $500 ATM W ithdrawal, Lake W orth, Florida. 20 October 6, 2014 $500 ATM W ithdrawal, Lake W orth, Florida. 2 l October 6, 2014 $500 ATM W ithdrawal, W est Palm Beach, Florida. A11 in violation oftitle 18, United States Code, Section l 028A(a)(1). COUNTS TW ENTY-TW O THROUGH TW ENTY-THREE FALSE STATEMENTS 18 U.S.C. j 1001 On or about the dates alleged in each count below, in Palm Beach County, in the Southelm D istrict of Florida, and elsew here, the defendant, JASON HENRY DAVIS, in a matter within the jurisdiction of the United States Department of Agriculture, which is a departm ent of the executive branclz of the Governm ent of the United States, did knowingly and wilfuly m ake, and cause to be m ade, a materially false, tsctitious and t-raudulent statem ent and representation, in that, in the On-line Application for Benefits subnaited to the State of Florida, Departm ent of Children and Fam ilies on or about the dates alleged below, fbr the pum ose of verifying his qualitications for Food A ssistance benefits, in response to questions concerning incom e, assistance and m onies received tiom other agencies, states, and persons, the defkndant JASO N H ENRY DAVIS failed to report the approximately $ 1,500 naonthly in federally-funded Social Security and pension benefits of his father, Henry T. Davis, Jr., he was co lecting'. 8

9 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 9 of 12 A l in violation of Title 18, United States Code, Section 1001(a)(2). A TRUE BILL Yw w mw e FOREPERSON W IFREDO A. FERRE UNITED STATES A ORNEY CAROLYN BELL ASSISTANT UNl ED STATES ATTORNEY ADA M CM ICHA ASSISTANT UNITE STATES ATTO EY 9

10 Case 9:16-cr KAM Document UNITED STATES DISTRICT COURT SOUTHERN 3 Entered DISTRICT on OF FLSD FLORIDA Docket 01/19/2016 Page 10 of 12 UNITED STATES OF AM ERICA CASE NO. JASON HENRY DAVIS, Defendant. Superseding Case Inform ation; CERTIFICATE OF TRIAL ATTORNEYW Court Division: (Select One) Miami Key West FTL W PB X FTP New Defendantts) Number of New Defendants Total number ofcounts l do hereby certify that: l have carefuly considered the alqgatiqns ofthe indictment, the number ot-defendants, the number ofprobable witnesses and the legal complexitles ot the lndictment/lnforlnation attached hereto. 4. I l l 1 l l I V V I am aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting their calendars and scheduling crim inal trials under the mandate ofthe Speedy Trial Act, Title 28 U.S.C. Section Interpreter: (Yes or No) No ListIanguage and/or dialect This case wil take 6 days for the parties to try. Please check appropriate category and type of offense Iisted below: 0 to 5 days 6 to 10 days 1 1 to 20 days 2 1 to 60 days 6 l days and over X (Check only one) Yes Petty Minor Misdem. Felony 6 : Has this case been previously filed in this District Court? (Yes or No) No If yes: Judge: Case N o. (At-tach copy of dispositive ordel) Has a complaint been filed in thls mater? (Yes or No) No lf yes: M agistrate Case N o. - Related Miscellaneous numbers:. Defyndants) in federal custody as ot Defendants) in state custody as of Rule 20 from the ls rlc o Is this a potential death penalty case? (Yes or No) No Does this case originate from a mater pending in the N orthern Region of the U.S. Attorney's Office prior to October 14, 2003? Yes No X 8. Does this case originate from a m atter pending in the Central Region of the U.S. Attorney's O ffice prior to September 1, 2007? Yes No X No CA L N BEL ASSISTANT UNITED STATES ATTORNEY Adm in No. A *penalty Sheets) atached REV 4/3/08

11 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 11 of 12 UNITED STATES DIS'I'RIC-r' COURT SOUTHERN DISTRICT OF FLORIDA PENALTY SHEET Defendant's Name: JASON HENRY DAVIS Case No. : C ounts # 1-8: Wire Fraud. Title 18, United States Codee Section 1343 *M ax. Penalty: 20 years lmprisonm ent', 3 years Supervised Releases' Fine of $250,000 or twice the gross gain or loss from the offense. whichever is creater; Restitution) $1 00 Special Assessm ent. Count # 9: A ccess Device Fraud. Title 18. United States Code. Section 1029(a)(2) *M ax. Penalty: 10 years lmprisonm ent; 3 years Sunervised Release', Fine of $ or twice the gross gain or loss from the offenses whichever is greater s ' Restitution', $ 100 Special Assessment. C ounts # 10-21: A ggravated ldentity Thetl. - Title 1 8, United Stzyes Code. Sççjion 102$ -(-A) *M ax. Penalty: 2 years lmprisonm ent in addition to any sentence fbr Counts 1-9) 1 year Supervised Release; Fine of $ or twice the gross cain or loss from the offense, whichever is greater; Restitution'. $100 Special Assessm ent.

12 Case 9:16-cr KAM Document 3 Entered on FLSD Docket 01/19/2016 Page 12 of 12 Counts # 22-23: False Statem ents. Title 1 8, United States Code, Section 1001 *M ax. Penalty: 5 years lmprisonm ent: 3 years Supervised Release'. Fine or $250,000 or twice the gross gain or loss from the offense. whichever is greater'. Restitutions' $100 Special Assessm ent. Wltefers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, or forfeitures that may be applicable.