Ross Moore Indictment

FilED US DISTRCT COUR r

ZU] FEB - b Q 12 1+ gDAVID B BARLOW United States Attorney (13117) SCOTT B ROMNEY Assistant United States Attorney (10270) DISTiCT OF UTAH Attorneys for the United States ofAmerica

BY185 South State Street Suite 300 DEUT C~ERI

Salt Lake City Utah 84111-1506 Telephone (801) 524-5682

INTIIE lJNITED STATES DISTRICT COURT

DISTRICT OF UTAH CENTRAL DIVISION

UNITED STATES OF AMERICA

Plaintiff

vs

ROSS K MOORE

Defendant ~

INDICTMENT

VIOS - Wire Fraud 18 USC sect 1343 (Counis 1-4)

- Aggravated Identity Theft 18 USC sect 1028A (Counts 5-6)

- Use ofFalse Document in Bankruptcy Proceeding 18 USC sect 1519 (Count 7-12)

COUNTS 1-4 18 USC sect 1343

Wire Fraud

Introduction

At all times material to this indictment

1 Defendant ROSS K MOORE was a resident of the State of Utah

2 Long Beach Mortgage Company is a California corporation and was a

Case 2 13-cr-00083 ASSigned To Nuffer David ASSign Date 02062013 Description USA v

Case 213-cr-00083-DN Document 1 Filed 020613 Page 1 of 9

creditor entitled to unclaimed trustee funds in the bankruptcy case In re Karen A Gray

03-40648 (Bankr D Utah)

3 Victim DCS is a former employee ofLong Beach Mortgage Company and

resident of the State of California

4 GC Services is a Texas limited partnership and was a creditor entitled to the

payment ofunclaimed trustee funds in the bankruptcy case In re Sherilyn Jaegershy

Mercado 03-41201 (Bankr D Utah)

5 Victim MAS was an employee ofGC Services and a resident of the State

of Texas

The Scheme and Artifice to Defraud

6 From on or about August 122011 to on or about November 172011 in

the Central Division of the District ofUtah

ROSS K MOORE

Defendant herein knowingly devised and intended to devise a scheme and artifice to

defraud and to obtain money by means of false and fraudulent pretenses representations

and promises from the United States Bankruptcy Court in the District ofUtah

(Bankruptcy Court) in that Defendant falsely and fraudulently claimed to be the attorney

for and to have the authority to act on behalf of Long Beach Mortgage Company and

GC Services in order to obtain unclaimed trustee funds from the Bankruptcy Court

2


Object of the Scheme and Artifice to Defraud

6 The object of the scheme and artifice to defraud was to improperly obtain

unclaimed trustee funds from the Bankruptcy Court

Manner and Means of the Scheme and Artifice to Defraud

7 In execution and furtherance of the scheme and artifice to defraud

Defendant employed the following manner and means

a On or about August 122011 Defendant filed an Application for

Unclaimed Funds with the Bankruptcy Court in which Defendant falsely represented

himself to be the attorney for Long Beach Mortgage Company and requested the Court to

release payment of$877459 in unclaimed trustee funds to Defendant on behalf of the

company

b On or about August 122011 Defendant filed a forged and fraudulent

Certification affidavit purporting to be signed and authored by victim DCS falsely

indicating that Long Beach Mortgage Company had hired Defendant as its attorney to

assist in obtaining the unclaimed funds As part of the filing Defendant included a copy

of a fraudulent Texas drivers license in the name ofDCS

c On or about September 5 2011 Defendant filed a forged and fraudulent

Limited Power ofAttorney purporting to be signed by DCS falsely indicating that

Long Beach Mortgage Company had given Defendant authority to act as its attorney for

3


the purposes of pursuing unclaimed funds from the Bankruptcy Court

e From on or about August 29 2011 to on or about September 1 2011

Defendant sent emails to the Bankruptcy Court Procurement Specialist requesting that he

be allowed to pick up the unclaimed trustee funds on behalf ofLong Beach Mortgage

Company

d On or about September 22 2011 Defendant went to the Bankruptcy Court

represented himself as the attorney for Long Beach Mortgage Company and received a

United States Treasury check check no 00202679 in the amount of $877459 for

unclaimed trustee proceeds belonging to Long Beach Mortgage Company

e On or about August 252011 Defendant filed an Application for


himself to be the attorney for GC Services and requested the Court to release payment of

$808911 in unclaimed trustee funds to Defendant on behalf of the company

f On or about August 252011 Defendant filed a forged and fraudulent

Certification affidavit purporting to be signed and authored by victim MAS falsely

indicating that GC Services had hired Defendant as its attorney to assist in obtaining the

unclaimed funds As part ofthe filing Defendant included a copy of a fraudulent Texas

drivers license in the name of MAS

g On or about October 242011 Defendant filed aforged and fraudulent

4


Limited Power ofAttorney purporting to be signed by MA8 falselyindicating that

GC Services had given Defendant authority to act as its attorney for the purposes of

pursuing unclaimed funds from the Bankruptcy Court As part of the filing Defendant

again included a copy of a fraudulent Texas drivers license in the name ofMAS

h From on or about November 15 2011 to on or about November 172011

Defendant sent emails to the Bankruptcy Court Procurement Specialist requesting updates

on when he could pick up the unclaimed trustee funds on behalf of GC Services

Use of the Wires In Furtherance and In Execution of the Scheme

8 On or about the dates set forth below in the District ofUtah for the purpose of

executing the above-described scheme and artifice to defraud and to obtain money and

property by means of false and fraudulent pretenses representations and promises

Defendant did knowingly cause to be transmitted by means ofwire communication in

interstate commerce the following transmissions

Count Date (on or about)

Interstate Wire Transmission

1 08129111 Email sent at 937 AM from Defendants gmail account rkmesqgmaiLcom to Bankruptcy Court Procurement Specialist with the subject heading Unclaimed Funds Check

2 083111 Email sent at 1 27 PM from Defendants gmail account rkmesqgmailcom to Bankruptcy Court Procurement Specialist with the subject heading Re Unclaimed Funds Check

5


3 1115111 Email sent at 840 AM from Defendants gmail account rkmesqgmailcom to Bankruptcy Court Procurement Specialist with the subject heading Re Unclaimed Funds Check

4 1111711 Email sent at 1215 PM from Defendants gmail account rkmesqgmailcom to Bankruptcy Court Procurement Specialist with the subject heading Re Unclaimed Funds Check

All in violation of 18 USC sect 1343 and punishable by the same

COUNTS 5-6 18 USC sect 1028A

Aggravated Identity Theft

9 The Grand Jury incorporates and realleges the allegations contained in

paragraphs 1 through 8 above

10 From on or about August 122011 to on or about November 17 2011 in

the Central Division of the District of Utah

ROSS K MOORE

Defendant herein did knowingly possess and use without lawful authority a means of

identification of another person during and in relation to committing violations of 18

USC sect 1343 (Wire Fraud) as set forth in Counts 1-4 of this Indictment as follows

6


Count Means of Identification Used During and In Relation to Wire Fraud

5 Name and signature ofDCS on Limited Power of Attomeyfiled by Defendant in Bankruptcy Court on or about September 5 2011

6 Name and signature ofMAS on Limited Power ofAttomeyfiled by Defendant in Bankruptcy Court on or about October 24 2011

All in violation of 18 USc sect 1028A


Use of False Qocument in Bankruptcy Proceeding



12 On or about the dates set forth in the chart below in the Central Division of

the District of Utah

ROSS K MOORE

Defendant herein did knowingly falsify and make a false entry in a document with the intent

to impede obstruct and influence the proper administration of a case filed under Title 11 of

the United States Code In re Karen A Gray 03-40648 (Bankr D Utah) by filing in a

proceeding before the Bankruptcy Court the following false and fraudulent documents

7


Count Date Filing False Statement

7 0812111 Application for Unclaimed Funds

Document falsely represented Defendant to be the attorney for Long Beach Mortgage Company

8 0812111 Certification Affidavit ofDCS

Document contained the forged signature ofDCS and falsely represented Defendant to be the attorney for Long Beach Mortgage Company

9 0905111

Limited Power of Attorney

Documentmiddoteootail4wthe Jor~middot signature ofDCS and falsely represented Defendant to be the attorney for Long Beach Mortgage Company



Use of False Document in Bankruptcy Proceeding





ROSS K MOORE

Defendant herein did knowingly falsity and make a false entry in a document with the intent

to impede obstruct and influence the proper administration ofa case filed under Title 11 of

the United States Code In re Sherilyn Jaeger-Mercado 03-41201 (Bankr D Utah) by

8


filing in a proceeding before the Bankruptcy Court the following false and fraudulent

documents



Document falsely represented Defendant to be the attorney for GC Services

11 0825111 Certification Affidavit ofMAS

Document contained the forged signature ofMAS and falsely represented Defendant to be the attorney for GC Services

12 1024111


Document contained the forged signature ofMAS and falsely represented Defendant to be the attorney for GC ServIces


A TRUE BILL

lsI FOREPERSON OF THE GRAND JURY

DAVID B BARLOW UNITED TATES ATTORNEY

)

SCOTT B ROMNEY Assistant United States Attorney

9


creditor entitled to unclaimed trustee funds in the bankruptcy case In re Karen A Gray

03-40648 (Bankr D Utah)

3 Victim DCS is a former employee ofLong Beach Mortgage Company and

resident of the State of California

4 GC Services is a Texas limited partnership and was a creditor entitled to the

payment ofunclaimed trustee funds in the bankruptcy case In re Sherilyn Jaegershy

Mercado 03-41201 (Bankr D Utah)

5 Victim MAS was an employee ofGC Services and a resident of the State

of Texas

The Scheme and Artifice to Defraud

6 From on or about August 122011 to on or about November 172011 in

the Central Division of the District ofUtah

ROSS K MOORE

Defendant herein knowingly devised and intended to devise a scheme and artifice to

defraud and to obtain money by means of false and fraudulent pretenses representations

and promises from the United States Bankruptcy Court in the District ofUtah

(Bankruptcy Court) in that Defendant falsely and fraudulently claimed to be the attorney

for and to have the authority to act on behalf of Long Beach Mortgage Company and

GC Services in order to obtain unclaimed trustee funds from the Bankruptcy Court

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Documents

Ross Moore Indictment