chandler indictment

7
IURT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division 2015 )URT UNITED STATES OF AMERICA v. DONTE CHANDLER, Defendant. UNDER SEAL CRIMINAL NO. 2:15cr Wo 18U.S.C. §§ 1341 &2 Attempted Mail Fraud (Count 1) I8U.S.C.§§ 1349 &2 Attempted Wire Fraud (Count 2) 18U.S.C. §§659&2 Theft of Interstate Shipment by Carrier (Count 3) 18 U.S.C. § 981(a)(1)(C) by 28 U.S.C. §2461 Criminal Forfeiture INDICTMENT September 2015 'Term - At Norfolk, Virginia COUNT ONE THE GRAND JURY CHARGES THAT: From on or about July 21, 2014 through on or about September 26, 2014, the exact dates being unknown, in Virginia Beach, Virginia, in the Eastern District of Virginia and elsewhere, defendant DONTE CHANDLER knowingly devised and intended to devise a scheme and artifice to defraud and for obtaining money and property by means of materially false and fraudulent pretenses, representations, and promises, which scheme and artifice, and the execution thereof, operated in substance as follows: Case 2:15-cr-00128-RAJ-LRL Document 2 Filed 10/07/15 Page 1 of 6 PageID# 3

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Chandler Indictment

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Page 1: Chandler Indictment

IURT

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIA

Norfolk Division

2015

)URT

UNITED STATES OF AMERICA

v.

DONTE CHANDLER,

Defendant.

UNDER SEAL

CRIMINAL NO. 2:15cr Wo

18U.S.C. §§ 1341 &2Attempted Mail Fraud(Count 1)

I8U.S.C.§§ 1349 & 2Attempted Wire Fraud(Count 2)

18U.S.C. §§659&2Theft of Interstate Shipmentby Carrier(Count 3)

18 U.S.C. § 981(a)(1)(C) by 28 U.S.C.§2461Criminal Forfeiture

INDICTMENT

September 2015 'Term - At Norfolk, Virginia

COUNT ONE

THE GRAND JURY CHARGES THAT:

From on or about July 21, 2014 through on or about September 26, 2014, the exact dates

being unknown, in Virginia Beach, Virginia, in the Eastern District of Virginia and elsewhere,

defendant DONTE CHANDLER knowingly devised and intended to devise a scheme and artifice

to defraud and for obtaining money and property by means of materially false and fraudulent

pretenses, representations, and promises, which scheme and artifice, and the execution thereof,

operated in substance as follows:

Case 2:15-cr-00128-RAJ-LRL Document 2 Filed 10/07/15 Page 1 of 6 PageID# 3

Page 2: Chandler Indictment

1. The object ofthe defendant's fraudulent scheme and artifice was to steal an iPad

tablet computer belonging to passenger B.G. booked on a US Airways flight traveling from

Douglas Field, North Carolina and arriving atNorfolk International Airport, Virginia.

2. As part of the scheme and artifice, the defendant illegally removed from checked

baggage an iPad belonging to passenger B.G., which was provided by the United States Navy to

B.G. as part ofan intelligence class and was located in the secure area of Norfolk International

Airport.

3. As part of the scheme and artifice, the defendant placeda phone call to B.G. and

told him that the defendant found and purchased the iPad on Craigslist for $200, but after

receiving the iPad the defendant thought the deal was "shady". B.G. offered the defendant

$100 to return the iPad if the defendant would mail the iPad to B.G.'s address in California.

The defendant agreed to this proposition.

4. As a result of the defendant's scheme and artifice, defendant attempted to inflict a

loss of $100 on B.G. for return of the stolen iPad.

5. On or about September 26,2014, in the Eastern District of Virginia, for the

purpose ofexecuting the aforesaid scheme and artifice and attempting to do so, the defendant did

place and caused to be placed in an authorized depository for mail matter for delivery by the

United States Postal Servicean envelope containing an iPad issued by the United States Navy to

B.G.

(In violation of Title 18, United States Code, Sections 1349 and 2).

Case 2:15-cr-00128-RAJ-LRL Document 2 Filed 10/07/15 Page 2 of 6 PageID# 4

Page 3: Chandler Indictment

COUNT TWO

THE GRAND JURY CHARGES THAT:

From in or about July 21, 2014 through in or about September 26, 2014, the exact dates

being unknown, in Virginia Beach, Virginia, in the Eastern District of Virginia and elsewhere,

defendant DONTE CHANDLER knowingly devised and intended to devise a scheme and artifice

to defraud and for obtaining money and property by means of materially false and fraudulent

pretenses, representations, and promises, which scheme and artifice, and the execution thereof,

operated in substance as follows:

1. The object of the defendant's fraudulent scheme and artifice was to steal an iPad

tablet computer belonging to a passenger booked on a US Airways flight leaving Douglas Field

North Carolina and arriving at Norfolk International Airport, Virginia.

2. As part of the scheme and artifice, the defendant illegally removed from checked

baggage an iPad belonging to passenger B.G., which was provided by the United States Navy to

B.G. as part ofan intelligence class and was located in the secure area of Norfolk International

Airport.

3. As part of the scheme and artifice, the defendant placed a phone call to B.G. and

told him that the defendant found and purchased the iPad on Craigslist for $200, but after

receiving the iPad the defendant thought the deal was "shady". B.G. offered the defendant

$100 to return the iPad if the defendant would mail the iPad to B.G.'s address in California.

The defendant agreed to this proposition.

4. As a result of the defendant's scheme and artifice, defendant attempted to inflict a

loss of $100 on B.G. for return of the stolen iPad.

Case 2:15-cr-00128-RAJ-LRL Document 2 Filed 10/07/15 Page 3 of 6 PageID# 5

Page 4: Chandler Indictment

5. On or about September 11,2014, in the EasternDistrictof Virginia and

elsewhere, for the purpose of attempting to execute the aforesaid scheme and artifice, defendant

DONTE CHANDLER did knowingly transmit and cause to be transmitted by means of wire and

radio communication in interstate and foreign commerce, certain writings, signs, signals,

pictures, and sounds, that is, a telephone call from Virginia to California, where the defendant

fraudulently described B.G.'s iPad as being purchased on Craigslist for $200, when in reality the

iPad was stolen from the Norfolk International Airport. During said telephone call, an

agreement was reached that B.G. would pay the defendant $100 for return of said iPad that the

defendant had previously stolen from B.G.'s checked baggage which had been located in a

secure area of Norfolk International Airport.

(In violation of Title 18, United States Code, Sections 1349 and 2).

COUNT THREE

THE GRAND JURY CHARGES THAT:

On orabout July 21, 2014, inNorfolk, Virginia, in the Eastern District of Virginia,

defendant DONTE CHANDLER unlawfully, willfully and knowingly, and with intent toconvert

to his own use, did steal, take and carry away from a US Airways Passenger Plane Flight 726, in

the Norfolk International Airport, goods and, that is an iPad tablet computer, which was moving

as, were a part of, and constituted an interstate shipment of freight and express from the US

Airways Corporation at Douglas Field in the State ofNorth Carolina, to the US Airways

Corporation atNorfolk International Airport in the State ofVirginia.

(In violation ofTitle 18, United States Code, Section 659 and 2.)

Case 2:15-cr-00128-RAJ-LRL Document 2 Filed 10/07/15 Page 4 of 6 PageID# 6

Page 5: Chandler Indictment

FORFEITURE ALLEGATION

THE GRAND JURY ALLEGES THAT:

1. The defendant, ifconvicted ofany ofthe violations alleged in Counts 1 through 3 of

this Indictment, shall forfeit to the United States, as part of the sentencing pursuant to Federal Rule

of Criminal Procedure 32.2, any property, real or personal, which constitutes or is derived from

proceeds traceable to the violation.

2. If any property that is subject to forfeiture above, as a result of any act or omission

of thedefendant, (a)cannot be located upon theexercise of due diligence, (b) hasbeentransferred

to, soldto, or deposited with a third party, (c) hasbeen placed beyond thejurisdiction of theCourt,

(d)has been substantially diminished invalue, or(e)has been commingled with other property that

cannot be divided without difficulty, it is the intention of the United States to seek forfeiture ofany

otherproperty of thedefendant, as subject to forfeiture under Title21, United States Code, Section

853(p).

(In accordance with 18 U.S.C. § 981(a)(1)(C) by 28 U.S.C. 2461.)

Case 2:15-cr-00128-RAJ-LRL Document 2 Filed 10/07/15 Page 5 of 6 PageID# 7

Page 6: Chandler Indictment

UnitedSlates ofAmerica v. Donte ChandlerCriminal No. 2:15cr \%<g

Dana J. Boente

United Slates Attorney

By:

A TRUE BILL:

ISttheWFOREPERSON

lilla

ted States AttorneyJoseph DePaAssistant Un

8000 World Trade Center

101 West Main Street

Norfolk, Virginia 23510(757)441-6331

Case 2:15-cr-00128-RAJ-LRL Document 2 Filed 10/07/15 Page 6 of 6 PageID# 8

Page 7: Chandler Indictment

JS 45 (11/2002)

Criminal Case Cover Sheet

REDACTED

U.S. District Court

Place of Offense:

City: EDVA

County/Parish:

Under Seal: Yes

Superseding Indictment:

Same Defendant:

Magistrate Judge Case Number:

Search Warrant Case Number:

R 20'R 40 from District of

No • Judge Assigned:Criminal Number: 2:15cr |2-0New Defendant: Donte Chandler

Arraignment Date:

Defendant Information:

Alias Name(s):

Juvenile: Yes • No Kl FBI#:

Defendant Name: Donte Chandler

Address: |^^Hi Norfolk,Employment:

Birth Date: ••iWI SStt: HI1954 Sex: M Race: Black Nationality: Place of Birth: United States

Height: 5'9" Weight: I50lbs Hair: Black Eyes: Brown

Interpreter: Yes • No IE List Language and/or dialect:Location Status:

Arrest Date:

• Already in Federal Custody as of:

D Already in State Custody

S Arrest Warrant Requested

• Arrest Warrant Pending

Defense Counsel Information:

Name:

Address:

Telephone:

in:

• On Pretrial Release

D Fugitive

• Detention Sought

D Court Appointed

• Retained

D Public Defender

Scars/Tattoos:

• Not in Custody

• Summons Requested

• Bond

U.S. Attorney Information:

AUSA: Joseph !•:. DePadilla Telephone No. 757-441-6331

Complainant Agency, Address & Phone Number or Person & Title:

Federal Bureau of Investigation, 509 Resource Row, Chesapeake, VA 23320, 757-455-0100

U.S.C. Citations:

Bar ft:

Code/Section

Sell 18 U.S.C. §§ 1341,2

Set 2 18 U.S.C. §§ 1349,2

Set 3 18 U.S.C. §§659,218 U.S.C. §981 (a)(1)(C) by 28

Set 4 U.S.C. §2461

Description of Offense Charged Count(s)

Attempted Mail Fraud

mt(s) CapitaI/Felony/Misd/Pett)

1 Felony

2 Felony

3 Felony

Attempted Wire FraudTheft of Interstate Shipment byCarrier

Criminal Forfeiture

(May bo continued on reverse)

Case 2:15-cr-00128-RAJ-LRL Document 2-1 Filed 10/07/15 Page 1 of 1 PageID# 9