united states of america - ksn-tv · 1. on or about the dates specified herein, defendant keith l....

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

(Kansas City, Kansas, Docket) UNITED STATES OF AMERICA,

Plaintiff,

v. Case No.: KEITH L. COUNTESS, PLASTER MASTERS, L.C., MARCOS LANE STUBBS, LUIS FELIPE GUERRERO-GUERRERO, JOSE FELIPE HERNANDEZ-CALVILLO, MAURO PAPALOTZI, and ISAAC GALLEGOS,

Defendants.

SEALED INDICTMENT

The Grand Jury charges:

SUMMARY OF CHARGES

Count 1, Conspiracy to Encourage or Induce Undocumented Aliens to Reside in the U.S. for Commercial Advantage or Private Financial Gain, 8 U.S.C. § 1324(a)(1)(A)(iv) and (v)(I). Counts 2-9, Encouraging or Inducing Undocumented Aliens to Reside in the U.S. for Commercial Advantage or Private Financial Gain, 8 U.S.C. § 1324(a)(1)(A)(iv) and (v)(II).

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Count 10, Conspiracy to Launder Monetary Instruments, 18 U.S.C. § 1956(a)(1)(A)(i) and 18 U.S.C. § 1956(a)(1)(B)(i).

Counts 11-20, Money Laundering, 18 U.S.C. § 1956(a)(1)(B)(i)

Count 21, Conspiracy to Commit Bank Fraud, 18 U.S.C. §§ 1349 and 1344(2).

Counts 22-31, Bank Fraud, 18 U.S.C. §§ 1344(2) and 1349.

Criminal Forfeiture

GENERAL ALLEGATIONS

1. On or about the dates specified herein, defendant Keith L. Countess

(Countess) was the principal owner of defendant Plaster Masters, L.C. (Plaster

Masters), a Kansas limited liability company based at 619 N. 2nd St., Lawrence,

Kansas.

2. Plaster Masters is a drywall subcontractor for commercial and

residential construction projects in and around the Kansas City metropolitan

area. “Drywall” is shorthand for interior walls usually constructed from sheets of

pressed gypsum, paper joint tape and plaster.

3. Defendant Marcos Lane Stubbs (Stubbs) has been active in drywall

installation in the Kansas City area and devised a scheme to enable drywall

subcontractors to use undocumented workers to install drywall.

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4. Defendant Luis Felipe Guerrero-Guerrero (Guerrero) manages crews

of workers who install drywall for Plaster Masters and other drywall

subcontractors.

5. Defendant Jose Felipe Hernandez-Calvillo (Hernandez) manages

crews of workers who install drywall for Plaster Masters and other drywall

subcontractors.

6. Defendant Mauro Papalotzi (Papalotzi) manages crews of workers

who install drywall for Plaster Masters and other drywall subcontractors.

7. During the times specified herein, defendant Isaac Gallegos (Gallegos)

operated the Boost Mobile cellular telephone store at 1319 Santa Fe, Olathe

Kansas.

8. In about August 2011, a person named Jose Torres-Garcia (Torres)

learned about a way to make money by being a financial intermediary between

drywall subcontractors and drywall construction crews made up primarily of

undocumented alien workers. The persons who described the venture to Torres

were defendants Gallegos and Stubbs.

9. Gallegos and Stubbs explained to Torres that in order to pay

undocumented drywall workers, someone had to serve as financial conduit

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between the subcontractors and the workers. They described a model in which

the subcontractor would contract directly with drywall crews but would use

Torres as the financial intermediary.

10. The model described by Gallegos and Stubbs centered on Torres’s

holding himself out as a drywall subcontractor when his actual role was merely

to receive checks from drywall construction crews, deposit the checks into

accounts he established, then withdraw cash from those accounts to pay crew

leaders, who in turn paid cash to themselves and the crew workers.

11. The model required that Torres obtain workers compensation

insurance and liability insurance certificates for his shell drywall company,

which he called “Jose R. Torres Drywall.” The drywall crews would present

Torre’s insurance certificates to the drywall subcontractors hiring the crews to

satisfy the subcontractor’s legal and contractual insurance requirements even

though the subcontractors often knew Jose R. Torres Drywall didn’t do drywall

work and acted only as a means by which the undocumented workers would get

paid for their work.

12. To get the venture started, in the fall of 2011 Torres borrowed about

$1,400 from Gallegos, who allowed Torres to operate from Gallego’s Boost

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Mobile store in Olathe, and Torres established bank accounts at the Bank of

America branch at 175 N. Clairborne, Olathe, Kansas, and the Wells Fargo Bank

branch at 2137 E. Santa Fe, Olathe, among others.

13. The drywall crews were paid weekly. They directed the subcontractor

to make their checks payable to “Jose R. Torres Drywall” and would pick the

checks up directly from the subcontractors, usually on Fridays. Those checks

were taken to Torres, usually at the Boost Mobile store, who then would deposit

the checks into the accounts he established. On those occasions when Torres was

not at the store when the checks were delivered, Gallegos or one of his

employees would receive the checks, and then turn them over to Torres.

14. The next day, usually on Saturday mornings, Torres then would

withdraw cash from those accounts sufficient to pay the drywall crews, usually

at the Bank of America branch in Olathe. For this service, Torres charged the five

percent, which he withheld from his cash payments to the crews.

15. Torres usually made the cash payments by dividing the cash he

withdrew from the bank into envelopes for each drywall crew. Torres would

write on the outside of the envelopes the total amount of the check deposited, the

name of the crew leader, the amount of the five percent withheld by Torres, and

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the net amount, meaning the amount of cash contained in the envelope.

16. The payments also usually were made at Gallego’s Boost Mobile store,

where someone from the drywall crew would come to pick up the envelope.

Sometimes the payments were made at Torres’snearby residence or at other

predetermined locations.

17. Of the five percent withheld by Torres, during about the first year of

the venture Torres paid Gallegos two of the five percent and one percent to

Stubbs, who often referred drywall crews to Torres. After the first year, he no

longer paid Gallegos the two percent but continued to pay one percent to Stubbs

keeping the remaining four percent for himself.

18. Between about October 2012 and about October 2014, checks made

payable to Jose R. Torres Drywall totaling about $11.5 million were deposited

into two accounts Torres established at Bank of America; and between about

December 2012 and about June 2014, checks totaling about $1.7 million were

deposited into three accounts he established at Wells Fargo; for a combined total

of about $13.2 million.

19. The subcontractors knew or recklessly disregarded that the drywall

construction crews were made up primarily of undocumented aliens because (1)

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there would have been no need to use the services of Jose Torres if the crews

were operating lawfully; (2) the subcontractors accepted insurance certificates in

the name of Jose R. Torres Drywall even though they knew Jose Torres wasn’t in

the drywall business; and (3) their interactions with the drywall crews confirmed

they knew the crew members were not lawfully present in the United States.

20. For example, in November 2014, defendant Countess told a crew leader

more than once that he knew the crew leader was a “wetback,” making the

comments in front of other employees of his company, Plaster Masters.

COUNT 1

8 U.S.C. ' 1324(a)(1)(A)(iv) and (v)(I)

(Conspiracy to Encourage Aliens to Reside in the United States for Commercial Advantage and Private Financial Gain

Knowing or in Reckless Disregard of their Unlawful Status)

21. Paragraphs 1-20 are incorporated by reference.

22. Between about October 2011 and about October 2014, within the

District of Kansas and elsewhere, the defendants,

KEITH L. COUNTESS, PLASTER MASTERS, L.C., MARCOS LANE STUBBS,

LUIS FELIPE GUERRERO-GUERRERO, JOSE FELIPE HERNANDEZ-CALVILLO,

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MAURO PAPALOTZI, and ISAAC GALLEGOS,

and others both known and unknown to the grand jury, engaged in a conspiracy,

for the purpose of commercial advantage and private financial gain, to induce

and encourage aliens to reside in the United States, knowing and in reckless

disregard of the fact that such residence is in violation of law, in violation of Title

8, United States Code, Sections 1324(a)(1)(A)(iv) and (v)(I).

PURPOSE AND OBJECT OF THE CONSPIRACY

23. The purpose and object of the conspiracy, and its manner and means,

included as follows:

a. The purpose of the conspiracy was to make money and create wealth for

the defendants.

b. The object of the conspiracy was to facilitate the use of undocumented

alien labor so that the costs of drywall construction projects could be minimized

to the financial benefit of the co-conspirators.

c. The conspiracy required that aliens not lawfully present in the United

States be available to do the drywall work; this was accomplished by providing

ongoing employment and unlawful cash payments to the them, thereby inducing

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and encouraging their ongoing residence in the United States.

d. But for the presence of the undocumented aliens working and being

paid as described herein, the conspiracy could not be maintained because the

commercial advantage gained by the co-conspirators would not be possible.

e. By entering into an agreement to pay undocumented workers through

the venture carried out by Jose Torres-Garcia, defendants Countess and Plaster

Masters paid less in labor costs than they would have incurred had they used

legitimately operating subcontractors or directly employed drywall workers.

f. By going through Torres, defendants Countess and Plaster Masters

avoided having to acquire and pay for unemployment insurance, workers

compensation insurance, and liability insurance to cover the work crews paid

through Torres.

g. By going through Torres, defendants Countess and Plaster Masters

avoided the expense of directly employing workers to perform their drywall

construction projects, such as payment of market wages, employee benefits such

as health insurance, payment of employee-related state and federal income tax

and Social Security withholdings, and costs associated with complying with

Employee Eligibility Verification Act and its I-9 form requirements.

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h. By going through Torres, defendants Countess and Plaster Masters

avoided the higher cost of hiring legitimately operating subcontractors, who

must pay the various expenses associated with the direct employment of drywall

workers that Countess and Plaster Masters were able to avoid.

i. By going through Torres, defendants Countess and Plaster Masters

placed themselves at a competitive advantage in the obtaining of drywall

construction projects.

j. By going through Torres, defendants Guerrero, Hernandez, and

Papalotzi were able to gain employment for themselves and their crews without

having to purchase and provide legitimate workers compensation and liability

insurance certificates to Countess and Plaster Masters.

k. By going through Torres, defendants Luis, Hernandez, and Papalotzi

were able to obtain jobs and money for themselves and their crews without

having to pay market wages, incur employee-related expenses such as workers

compensation insurance, liability insurance, unemployment insurance, health

insurance, state and federal income tax and Social Security withholdings, and

other employee related expenses as I-9 form compliance and accounting and

payroll services.

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l. By going through Torres, the co-conspirators are able to maintain a stable

of undocumented alien workers who, because they are unlawfully present in the

United States, do not have permission or authority to be employed in the United

States, and cannot easily open and maintain accounts at U.S. financial

institutions, and therefore must be paid in cash to maintain their residence in the

United States.

m. By assisting Torres in the venture, and by lending him start-up capital,

and by providing a place for Torres to do business, and by referring drywall

contractors to Torres, defendants Stubbs and Gallegos regularly received tax-free

cash payments from Torres.

OVERT ACTS IN FURTHERANCE OF THE CONSPIRACY

24. In furtherance of the conspiracy, and to effect the objects thereof, one

or more of the co-conspirators committed and caused to be committed at least

one of the following acts, among others, within the District of Kansas and

elsewhere:

a. In about October 2011, Torres, at the direction of Gallegos and Stubbs,

established bank accounts for the purpose of depositing checks into those

accounts from which he could later make cash withdraws for payment to

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drywall crews using primarily undocumented workers.

b. In about October 2012, Torres, also at the direction of Gallegos and

Stubbs, obtained an Employer Identification Number from the Internal Revenue

Service, which he needed to be able to secure workers compensation and liability

insurance and for the purpose of receiving payments from Plaster Masters.

c. In about October 2012, and at other times during the course of the

conspiracy, Torres purchased workers compensation insurance and liability

insurance in the name of Jose R. Torres Drywall.

d. During the course of the conspiracy, Torres deposited about 250 checks

totaling about $735,000 issued by Plaster Masters for drywall construction work

done by drywall crews who were obtaining cash from Torres to pay the crews.

e. Torres instructed the drywall crews to direct Countess and Plaster

Masters to make the drywall construction work checks payable to “Jose R. Torres

Drywall” even though the crews were not employed by nor contracted through

“Jose R. Torres Drywall” or Jose Torres.

f. Torres arranged for workers compensation insurance and liability

insurance certificates to be provided to Countess and Plaster Masters even

though the crews doing jobs for Countess and Plaster Masters were not

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employed by nor contracted through “Jose R. Torres Drywall” or Jose Torres.

g. Countess and Plaster Masters assigned work daily and regularly to the

drywall crews led by Guerrero, Papalotzi, Hernandez and others at the Plaster

Masters office in Lawrence, at which time Countess and Plaster Masters

provided supplies needed for those jobs to the crews and arranged for the

delivery of sheetrock and other construction materials to the job sites.

h. From time to time, Countess would go to the job sites while the crews

were working to insure the jobs were being done properly and on schedule.

i. Countess and Plaster Masters issued checks weekly to the drywall crews

completing Plaster Masters jobs. The checks were made payable to Jose R. Torres

Drywall regardless of which drywall crew was performing the jobs.

j. Countess and Plaster Masters issued Department of the Treasury Forms

1099-MISC, to “Jose R. Torres Drywall” knowing Jose R. Torres Drywall and Jose

Torres were not engaged in drywall construction; for example, Plaster Masters,

L.C., issued a Form 1099-MISC for calendar year 2013 to Jose R. Torres Drywall

in the amount of $426,292.31.

k. Torres deposited the weekly checks issued by Plaster Masters into the

accounts he established and withdrew cash to pay the drywall crews made up

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primarily of undocumented aliens and withholding five percent, as described in

paragraphs 13-18 above.

l. Between about October 2011 and October 2012, Torres paid Gallegos two

of the five percent he withheld from drywall constructions checks issued to

compensate Gallegos for his contributions to the venture.

m. Between about October 2011 and about October 2014, Torres paid

Stubbs one of the five percent to compensate Stubbs for his contributions to the

venture.

COUNTS 2-9

8 U.S.C. ' 1324(a)(1)(A)(iv) and (v)(II)

(Encouraging or Inducing Aliens to Reside in the United States for Commercial Advantage and Private Financial Gain

Knowing or in Reckless Disregard of their Unlawful Status)


26. In about October 2014, within the District of Kansas and elsewhere,

the defendants,



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Intentionally induced and encouraged an alien, for the purpose of commercial

advantage and private financial gain, to reside in the United States, knowing and

in reckless disregard of the fact that such residence is in violation of law, as

follows:

COUNT 2

Alien=s initials: JR

COUNT 3

Alien=s initials: PR

COUNT 4

Alien=s initials: JH

COUNT 5

Alien=s initials: JR

COUNT 6

Alien=s initials: F.L.U. L.N.U.#1

COUNT 7


COUNT 8


COUNT 9

Alien=s initials: MD

All in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iv) and

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(v)(II).

COUNT 10

18 U.S.C. §§ 1956(h), 1956(a)(1)(A)(i), and 1956(a)(1)(B)(i) with reference to 8 U.S.C. § 1324(a)(1)(A)(iv)

(Conspiracy to Launder Monetary Instruments)







knowingly and intentionally combined, conspired, and agreed with each other

and with other persons both known and unknown to the Grand jury, to commit

money laundering offenses against the United States, as follows:

(1) the conducting of a financial transaction affecting interstate commerce

that involved of a specified unlawful activity, knowing that the property

involved in the transaction represented the proceeds of some form of unlawful

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activity, and with the intent of promoting that carrying on of specified unlawful

activity, in violation of 18 U.S.C. § 1956(a)(1)(A)(i); and

(2) the conducting of a financial transaction affecting interstate commerce

that involved the proceeds of a specified unlawful activity, and knowing the

transaction was designed in whole or in part to conceal and disguise the nature,

location, source, ownership, and control of the proceeds of specified unlawful

activity, in violation of 18 U.S.C. § 1956(a)(1)(B)(i).


29. As set out in more detail in paragraph 23, the purpose of the conspiracy

was to make money and create wealth for the defendants. The object of the

conspiracy was to facilitate the use of cheap labor using undocumented aliens to

maximize the financial benefits to the defendants. In so doing, the defendants

necessarily encouraged and induced persons to reside in the United States they

knew or recklessly disregarded were unlawfully present.

MANNER AND MEANS OF THE CONSPIRACY

30. To accomplish the purpose and object of the conspiracy, the defendants

engaged in financial transactions affecting interstate commerce that involved a

specified unlawful activity, that being inducing and encouraging undocumented

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aliens they knew were unlawfully present to reside in the United States in

violation of 8 U.S.C. § 1324(a)(1)(A)(iv), knowing the property involved in the

transactions represented the proceeds of unlawful activity, and did so with the

intent of promoting the carrying on of the specified unlawful activity.

31. Also to accomplish the purpose and object of the conspiracy, the

defendants engaged in financial transactions affecting interstate commerce that

involved the proceeds of a specified unlawful activity (inducing and encouraging

undocumented aliens to reside in the U.S.), knowing the transactions were

designed in whole or in part to conceal and disguise the nature, location, source,

ownership, and control of the proceeds of the specified unlawful activity.

32. The financial transactions were an integral part of the venture

orchestrated by Jose Torres at the direction of defendants Stubbs and Gallegos

designed to facilitate the use of undocumented aliens in drywall construction

projects, which enabled subcontractors to decrease their labor costs and increase

their profit margins.


33. The defendants engaged in the conduct alleged in paragraph 24 above.

34. In addition, Jose Torres sometimes would simply cash checks given to

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him by crew leaders and covertly disperse the cash to them, and his delivery of

cash from deposited checks was done in a secretive and surreptitious manner so

as to avoid suspicion and undue attention, such as placing the cash in envelopes,

and handing the envelopes to the persons picking them up quickly and quietly.

35. In addition to making the drywall crew checks payable to Jose R.

Torres Drywall, Countess and Plaster Masters frequently listed the name of the

crew leader in the “memo” line of the checks, an acknowledgement the

payments were intended for the drywall crew doing the work, not ”Jose R.

Torres Drywall.”

36. Furthermore, Countess and Plaster Masters delivered the weekly

checks not to Jose Torres or Jose R. Torres Drywall, but directly to the crew

leaders or associates, often the person designated on the “memo” line of the

check.

37. Not only were checks processed within the national banking system,

thereby affecting interstate commerce, the drywall projects involved materials

manufactured in various states, and the projects themselves often were for

businesses engaged in interstate commercial activity.

38. The property involved in the transactions – cash and checks – were

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the proceeds of unlawful activity because they were obtained and retained,

directly or indirectly, including the gross receipts of such activity, as a result of

payment for the completed drywall construction projects from the person or

entity that contracted with Plaster Masters to perform the projects, and the

projects were completed at a lower cost not possible without the use of

undocumented workers who were thereby being induced and encouraged to

reside unlawfully in the United States.

COUNTS 11-20

18 U.S.C. 1956(a)(1)(B)(i) Laundering of Monetary Instruments


40. On or about the dates set forth below, within the District of Kansas and

elsewhere, the defendants,


LUIS FELIPE GUERRERO-GUERRERO, JOSE FELIPE HERNANDEZ-,


knowingly and intentionally conducted a financial transaction affecting interstate

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commerce, to wit: the issuance of checks; the depositing of checks; the cashing of

checks; and the delivery of cash; involving the proceeds of a specified unlawful

activity, that is, property derived, directly or indirectly, by inducing and

encouraging persons not lawfully present to reside in the United States; knowing

the transaction was designed in whole and in part to conceal and disguise the

nature, location, source, ownership, and control of the proceeds; and that while

conducting the financial transaction, knew the financial transaction represented

the proceeds of some form of unlawful activity, represented as follows:

Count Check Date Amount Payable to Memo Line

Count 11 10/19/2012 $2,258.88 Jose R. Torres Drywall

(blank)


(blank)


Jorge


Mauro


Felipe Hernandez


Mauro (Papalot)


Jorge


Fillipi

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Jorge


Fillipi

All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) and 2.

COUNT 21

18 U.S.C. §§ 18-1349 and 1344(2) Conspiracy to Commit Bank Fraud







knowingly and intentionally combined, conspired, and agreed with each other

and with other persons both known and unknown to the Grand jury to commit

an offense against the United States, to wit: Bank Fraud in violation of 18 U.S.C. §

1344(2), and one or more of such person did an act to effect the object of the

conspiracy, as follows:

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43. As set out in more detail in paragraphs 23 and 29, the purpose of the

conspiracy was to make money and create wealth for the defendants. The object

of the conspiracy was to facilitate the use of cheap labor using undocumented

aliens to maximize the financial benefits to the defendants. In so doing, the

defendants obtained moneys and funds under the custody and control of a

financial institution by means of false and fraudulent pretenses, representations,

and promises.

MANNER AND MEANS OF THE CONSPIRACY

44. To accomplish the purpose and object of the conspiracy, the defendants

utilized the banking services of Bank of America and Wells Fargo Bank, federally

insured financial institutions.


45. The overt acts alleged in paragraphs 24 and 34-38 and hereby realleged.

46. Furthermore, in about August 2011, at the advice and direction of

defendants Stubbs and Gallegos, Jose Torres opened bank accounts at the Bank

of America branch at 175 N. Clairborne, Olathe, Kansas, and the Wells Fargo

Bank branch at 2137 E. Santa Fe, Olathe, in the business name of “Jose R. Torres

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Drywall.”

47. Jose Torres falsely and fraudulently represented to the banks, both of

which are insured by the Federal Deposit Insurance Corporation and therefore

are “financial institutions” as defined by federal law, that he was in the drywall

construction business and that he intended to use the accounts lawfully in

connection therewith. However, as the defendants well knew, Jose Torres was

not in the drywall construction business but, instead, was a financial conduit in

an unlawful scheme to permit and facilitate Plaster Masters and other drywall

subcontractors to use undocumented workers on drywall construction projects.

48. In fact, Torres used the banks and bank accounts in his unlawful

venture, depositing thousands of subcontractor checks, including checks from

Plaster Masters, into his account as if he were being paid for working on drywall

construction projects. He then withdrew cash from those accounts, less his five

percent fee, which he then delivered to leaders of drywall construction crews so

those leaders could, unlawfully, pay the undocumented alien workers in cash.

49. Specifically as to Plaster Masters, between about October 2011 and

about October 2014, Torres deposited about 250 Plaster Masters checks made

payable to Jose R. Torres Drywall totaling about $735,000 into the bank accounts.

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50. Neither Torres, nor any defendant, disclosed to the banks that Jose R.

Torres Drywall was not, in fact, a legitimate business, but instead part of an

unlawful scheme to enable subcontractors to pay lower wages to undocumented

alien workers and avoid the expenses associated with legitimate employment or

contracting that included maintaining proper workers compensation insurance,

liability insurance, making employee income tax and Social Security

withholdings (and remitting those withholdings to state and federal tax

agencies), and employing or permitting to be employed only those persons

authorized to be employed within the United States.

51. Torres also sometimes simply cashed checks at the banks for crew

leaders or subcontractors and returned the cash to them so they could pay

themselves and their crews, using his account status and good standing at the

banks to facilitate the cashing of the checks, again failing to disclose the true

nature of his activities and those of the persons for whom he was cashing the

checks. But for Torres’s false and fraudulent pretenses and representations to the

banks, they would not have cashed the checks nor permitted Torres to have

accounts or do business with the banks.

All in violation of Title 18, United States Code, Section 1349 with reference

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to Title 18, United States Code, Section 1344(2).

COUNTS 22-31

18 U.S.C. § 1344(2) Bank Fraud


53. On or about the dates set forth below, within the District of Kansas and

elsewhere, the defendants,




knowingly and intentionally executed a scheme and artifice to obtain money and

funds under the custody and control of a financial institution by means of false

and fraudulent pretenses, representations, and promises, in that he represented

to Bank of America and Wells Fargo Bank that he operated a legitimate drywall

construction business called Jose R. Torres Drywall and was using the bank

accounts for lawful purposes when, instead, he operated unlawfully as a

financial intermediary in a scheme to permit Plaster Masters and other drywall

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subcontractors to use undocumented workers on drywall construction projects

and, in so doing, deposited for processing and credit the following Plaster

Masters checks on the dates and in the amounts listed below, then obtained cash

from the banks for delivery to drywall crew leaders:

Count Check Date Amount Payable to Memo Line


Jorge


Mauro


Fillipi


Jorge


Mauro


Fillipi


(blank)


Fillipi


Jorge


(blank)

all in violation of Title 18, United States Code, Sections 1344(2) and 1349.

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CRIMINAL FORFEITURE

54. The allegations in paragraphs 1-53 are realleged and by this reference

fully incorporated herein for the purpose of alleging forfeiture to the United

States of America of certain property in which the defendants have an interest,

pursuant to the provisions of Title 8, United States Code, ' 1324(b), Title 18,

United States Code, §§ 1956(a)(1)(B)(i) and 2, and Title 18, United States Code, ''

1344(2) and 2, and the procedures outlined in Title 21, United States Code, ' 853

and Title 28, United States Code, ' 2461.

55. Upon conviction of any violation of Title 8, United States Code, '

1324(a), each defendant shall forfeit to the United States the gross proceeds of

such violation, and any property traceable to such proceeds, pursuant to Title 8,

United States Code, ' 1324(b) and pursuant to Title 18, United States Code, '

982(a)(6). Upon conviction for any violation of Title 18, United States Code, §

1546, each defendant shall forfeit to the United States the gross proceeds of such

violation, and any property traceable to such proceeds, pursuant to Title 18,

United States Code, § 982(a)(1). Upon conviction of any violation of Title 18,

United States Code, § 1344(2), each defendant shall forfeit to the United States the

proceeds of such violation, pursuant to Title 18, United States Code, § 982(a)(2).

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56. The property subject to the forfeiture includes, but is not limited to,

the following:

a. REAL PROPERTY

b. PROCEEDS CONTAINED IN BANK ACCOUNTS

c. SUBSTITUTE ASSETS

If the property described above as being subject to forfeiture, as a result of

any act or omission of any defendant,

(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with a third person;

(3) has been placed beyond the jurisdiction of the Court;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which cannot be subdivided

without difficulty;

it is the intent of the United States, pursuant to Title 21, United States Code, '

853(p), as incorporated by Title 18, United States Code, ' 982(b), to seek forfeiture

of any other property of the defendants up to the value of the above forfeitable

property or to seek return of the property to the jurisdiction of the Court so that

the property may be seized and forfeited.

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All pursuant to the provisions of Title 8, United States Code, ' 1324(b), and

the procedures outlined in Title 21, United States Code, ' 853(p).

A TRUE BILL. 12/18/2014 /s/ Foreman Date Foreperson of the Grand Jury BARRY R. GRISSOM United States Attorney District of Kansas Brent Anderson #11611 Assistant United States Attorney District of Kansas 301 North Main, Suite 1200 Wichita, Kansas 672020 Jabari Wamble #22730 Assistant United States Attorney District of Kansas 500 State Avenue, Suite 360 Kansas City, KS 66101 (913) 551-6730 (913) 551-6541 (fax)

[It is requested that jury trial be held in Kansas City, Kansas.]

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PENALTIES

Count 1, Conspiracy to Encourage or Induce Undocumented Aliens to Reside in the U.S. for Commercial Advantage or Private Financial Gain, 8 U.S.C. § 1324(a)(1)(A)(iv) and (v)(I);

• Not more than 5 years in prison • Not more than a $250,000 fine • Not more than 3 years of supervised release • $100 special crime victims fund assessment

Counts 2-9, Encouraging or Inducing Undocumented Aliens to Reside in the U.S., 8 U.S.C. § 1324(a)(1)(A)(iv) and (v)(II):


Count 10, Conspiracy to Launder Monetary Instruments, 18 U.S.C. § 1956(a)(1)(A)(i) and 18 U.S.C. § 1956(a)(1)(B)(i);


Counts 11-20, Money Laundering, 18 U.S.C. § 1956(a)(1)(B)(i);

• Not more than 20 years in prison • Not more than a $500,000 fine or twice the value of the property involved

in the transactions • Not more than 3 years of supervised release • $100 special crime victims fund assessment

32

Count 21, Conspiracy to Commit Bank Fraud, 18 U.S.C. §§ 1349 and 1344(2);


Counts 22-31, Bank Fraud, 18 U.S.C. §§ 1344(2) and 1349:

• Not more than 30 years in prison • Not more than a $1 million • Not more than 3 years of supervised release • $100 special crime victims fund assessment

united states of america - ksn-tv · 1. on or about the dates specified herein, defendant keith l....

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