UNITED STATES OF AMERICA v. BRADLEY ANDERSON, Defendant. INDICTMENT 18 U.S.C. 1029(a)(I) 18 U.S.C. 1029(a)(4) 18 U.S.C. 1028(!l)(7) 18 U.S.C. 1028A ." \. THE GRAND JURY CHARGES: COUNT ONE (Access Device Fraud - 18 U.S.C. 1029(a)(I),(b)(I), (c)(l)(A)(i) and 2) Beginning in January 2008 and continuing until April!, 2008, within the District ofOregon and elsewhere, BRADLEY ANDERSON, defendant herein, did, knowingly and with the intent to defraud, produce, use or traffic in or attempt to do the same, a counterfeit access device, namely a card that had been re-encoded with another's access device infonnation linking it to Bank of America Account Number #:XX:X:X:XXXX:X637, said conduct affecting interstate commerce; all in violation of Title 18, United States Code, Section 1029(a)(I), (b)(I), (c)(I)(A)(i) and 2. Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 1 of 8 Page ID#: 1 COUNT TWO (Access Device Fraud -18 U.S.C. 1029(a)(I),(b)(1), (c)(l)(A)(i) and 2) BeginningJanuary 2008 andcontinuing until April I, 2008, within the District ofOregonand elsewhere, BRADLEY ANDERSON, defendant herein, did, knowingly and with the intent to defraud, produce, use or traffic in or attempt to do the same, multiple counterfeit access devices, namely cards that had been re-encoded with another's access device information linking it to Bank of West account # XXXXXXXXXXXXX507, said conduct affecting interstate commerce; all in violation of Title 18, United States Code, Section 1029(a)(1), (b)(l), (c)(l)(A)(i) and 2. COUNT THREE (Access Device Fraud - 18 U.S.C. l029(a)(1),(b)(1), (c)(l)(A)(i) and 2) Beginning in January 2008 and continuing until April!, 2008, within the District ofOregon and elsewhere, BRADLEY ANDERSON, defendant herein, did, knowingly and with the intent to defraud, produce, use or traffic in or attempt to do the same, a counterfeit access device, namely a card that had been re-encoded with another's access device information linking it to Bank of America account # XXXXXXXXXXXXX273, said conduct affecting interstate commerce; all in violation of Title 18, United States Code, Section 1029(a)(!), (b)(!), (c)(l)(A)(i) and 2. COUNT FOUR (Access Device Fraud - 18 U.S.C. l029(a)(1),(b)(1), (c)(l)(A)(i) and 2) Beginning in January 2008 and continuing until April!, 2008, within the District ofOregon and elsewhere, BRADLEY ANDERSON, defendant herein, did, knowingly and with the intent to defraud, produce, use or traffic in or attempt to do the same, a counterfeit access device, namely a card that had been re-encoded with another's access device information linking it to Bank of America account # XXXXXXXXXXXXX033, said conduct affecting interstate commerce; all in violation of Title 18, United States Code, Section 1029(a)(!), (b)(l) (c)(l)(A)(i) and 2. Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 2 of 8 Page ID#: 2 COUNT FIVE (Access Device Fraud - 18 U.S.C. I029(a)(4),(b)(I), (c)(I)(A)(ii) and 2) Beginning in January 2008 and continuing until April 1,2008, withinthe District ofOregon and elsewhere, BRADLEY ANDERSON, defendant herein, did, knowingly and with the intent to defraud, produce, have control and custody of and possess device-making equipment that is electronic equipment to make, print, encode and otherwise produce counterfeit access devices, said conduct affecting interstate commerce; all in violation of Title 18, United States Code, Section 1029(a)(4), (b)(l), (c)(I)(AXii) and 2. COUNT SIX (Identity Theft - 18 U.S.C. 1028(a)(7), (b)(2)(B), and (c)(3)(A) On or about March 18,2008, in the District ofOregon, BRADLEYANDERSON, defendant herein, knowingly transferred, possessed and used, in and affecting interstate commerce, without lawful authority, a means of identification ofanother person, to wit: the credit card number of J.T., a person known to the grand jury, with the intent to commit, and to aid or abet, and in connection with, any unlawful activity that constitutes a violation of federal law, and that constitutes a felony violation under any applicable state or local law, to wit: 1. Wire Fraud in violation of Title 18, United States Code, Section 1343; and 2. Identity Theft, in violation of Oregon Revised Statutes 165.800; all in violation of Title 18, United States Code, Section 1028(a)(7), (b)(2)(B), and (c)(3)(A). COUNT SEVEN (Aggravated Identity Theft - 18 U.S.C. 1028A) On or about March 23, 2008, within the District of Oregon, BRADLEY ANDERSON, the defendant herein, did knowingly possess and use, without lawful authority, a means of identification of another person during and in relation to a felony violation of Title 42, United Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 3 of 8 Page ID#: 3 States Code, Section 408(a)(7)(B), to wit: on or about March 23,2008, BRADLEY ANDERSON, with the intent to deceive, falsely represented that social security number XXX- XX-XX57 belonging to J.J., a person known to the grand jury, belonged to him in order to obtain a credit card in J.1.'s name; all in violation of Title 18, United States Code, Section 1028A. FORFEITURE ALLEGATION Upon conviction of the offenses in violation of Title 18, United States Code, Section 1029 set forth in Counts 1-5 of this Indictment, BRADLEY ANDERSON, the defendant herein, shall forfeit to the United States of America pursuant to 18 U.S.C. 1029(c)(I)(C) and 18 U.S.C. 982 (a)(2)(B) and 28 U.S.C. 2461(c), any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violations; (B) pursuant to Title 18, United States Code, Section 1029(c)(l)(C), any personal property used or intended to be used to commit the offenses any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violations. The property to be forfeited includes, but is not limited to: a. $89.00 cash. b. Nexus 40 inch flat screen t.v. c. Cwnmins jet Scan money/check reader. d. Element flat screen t.v., serial # FR7D0215610002821. e. Philip dvd player, serial # KXIA0739931675. f. Cool Pix Camera (in box). g. Nikon D50 digital camera with light bar, # 3147203. h. A HP Pavillion laptop computer gray/black, # CNF7446LSN. 1. A Toshiba Dyna Book laptop computer gray/black (no visible serial Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 4 of 8 Page ID#: 4 number). J. A Toshiba hard drive, #: 36AH9152T6X3 ECA. k. A Seagate external hard drive black/gray., #: 4LSIQHS2. 1. Two Linksys wireless routers, taped and wired together, #: CONCI0937434. m. A Cruzer thumb drive, blue in color (no visible serial number). n. A Ativa thumb drive, white in color, # OOI73FID711). o. A Lexar jump drive, red in color (no visible serial number). p. A Verbatim thumb drive, red in color (no visible serial number). q. A Apple Mac Book Laptop, gray in color (no visible serial number). r. A PNYjump drive, purple in color (no visible serial number). s. A Scandisk Micro Cruzer jump drive, white in color (no visible serial number). t. Skimmer molds. u. Credit card readers v. Kitchen aide mixer, #WU3829822. w. Assorted card stock, blank credit card cards. 3. If any of the property described above, as a result of any act or omission ofthe defendant: a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; c. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 5 of 8 Page ID#: 5 e. has been commingled with other property which cannot be divided without difficulty, it is the intent of the United States, pursuant to 21 U.S.C. 853(P) as incorporated by 18 U.S.C. 982(b), to seek forfeiture of any other property of said defendant up to the value of the forfeitable property described above. SECOND FORFEITURE ALLEGATION Upon conviction of the offenses alleged in Count 5 of this Indictment, BRADLEY ANDERSON, the defendant herein, shall forfeit to the United States pursuant to 18 U.S.C. 1028 and 18 U.S.C. 982 (a)(2)(B) and 28 U.S.C. 2461(c) any property constituting or derived from proceeds obtained directly or indirectly as a result of the said violations, and all personal property used or intended to be used in this violation, including but not limited to the following: a. $89.00 cash. b. Nexus 40 inch flat screen t.v. c. Cummins jet Scan money/check reader. d. Element flat screen t.v., serial # FR7D0215610002821. e. Philip dvd player, serial # KXIA0739931675. f. Cool Pix Camera (in box). g. Nikon D50 digital camera with light bar, # 3147203. h. A HP Pavillion laptop computer gray/black, # CNF7446LSN. i. A Toshiba Dyna Book laptop computer gray/black (no visible serial number). J. A Toshiba hard drive, # 36AH9152T6X3 ECA. k. A Seagate external hard drive black/gray, # 4LS1QHS2. Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 6 of 8 Page ID#: 6 1. Two Linksys wireless routers, taped and wired together, # CGNCIG937434. m. A Cruzer thumb drive, blue in color (no visible serial number). n. A Ativa thumb drive, white in color, # 00173FID711. o. A Lexar jump drive, red in color (no visible serial number). p. A Verbatim thumb drive, red in color (no visible serial number). q. A Apple Mac Book Laptop, gray in color (no visible serial number). r. A PNYjump drive, purple in color (no visible serial number). s. A Scandisk Micro Cruzer jump drive, white in color (no visible serial number). t. Skimmer molds. u. Credit card readers. v. Kitchen aide mixer, #WU3829822. w. Assorted card stock, blank credit card cards. If any of the above-described forfeitable property, as a result of any act or omission ofthe defendant(s): (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty; fill //// Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 7 of 8 Page ID#: 7 it is the intent ofthe United States, pursuant to 21 U.S.C. 853(P) as incorporated by 18 U.S.C. 982(b), to seek fotfeiture of any other property of said defendant(s) up to the value ofthe fotfeitable property described above. ~ Dated this /0 day of September 2008. ~ .... _.... ~ ~ n Case 3:08-cr-00403-JO Document 1 Filed 09/10/08 Page 8 of 8 Page ID#: 8
Mark Iuteri v. Joseph A. Nardoza, Parole Commissioner, Northeast Region, United States Parole Commission, Victor Liburdi, Warden, New Haven Community Correction Center, 732 F.2d 32, 2d Cir. (1984)