bbe. 2006R00209 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA v ROBERT B. FORREST, BYRON A. GREEN, MICHAEL HAYES, JOHN FORRESTER and TOMEKA V. HARRIS Defendants. Seen CRIMINAL NO. AMD-08-0585, (Conspiracy to Commit Bank Fraud, 18 U.S.C. §1349; Access Device Fraud, 18 U.S.C. §1029(a)(1); Possession of Counterfeit or Unauthorized Access Devices, 18 U.S.C. § 102%a)(3); Bank Fraud, 18 US.C. § 1344; Aggravated Identity Theft, 18 U.S.C. §§ 1028A(a)(1), (6)(4) and (5) and Aiding and Abetting, 18 U.S.C. §2). SUPERSEDING INDICTMENT COUNT ONE (Bank Fraud Conspiracy) ‘The Grand Jury for the District of Maryland charges that: Atal times material to the Superseding Indictment: 1. Defendants ROBERT B. FORREST, BYRON A. GREEN, MICHAEL HAYES and JOHN FORRESTER were residents of Baltimore, Maryland. Defendant TOMEKA V. HARRIS was a resident of Pikesville, Maryland. 2. The following institutions were financial institutions as defined by Section 20 of Title 18, United States Code: Wachovia Bank, headquartered in Charlotte, North Carolina; Citibank, headquartered in Sioux Falls, South Dakota; South Carolina State Credit Union,headquartered in Columbia, South Carolina; RBC Centura Bank, headquartered in Raleigh, ‘North Carolina, Main Source Bank, headquartered in Greensburg, Indiana, Bank of America, headquartered in Charlotte, North Carolina and Navy Federal Credit Union headquartered in Merrifield, Virginia. Manner and Means of the Conspiracy and the Scheme and Artifice to Defraud 3. From on or about September 25, 2005 through on or about November 13, 2008, defendants ROBERT B. FORREST, BYRON A. GREEN, MICHAEL HAYES, JOHN FORRESTER, TOMEKA V. HARRIS, and others known and unknown to the Grand Jury, ‘conspired and agreed together to devise a scheme and artifice to defraud and to obtain money and property from financi institutions by means of material false and fraudulent pretenses, representations, and promises 4 It was part of the conspiracy and the scheme and artifice to defraud that defendants ROBERT B. FORREST, BYRON A. GREEN, and others known and unknown to the Grand Jury, purchased over the internet stolen credit card account information of individuals that was electronically encoded on the magnetic strip on the back of credit cards (“track data”). 5. It was part of the conspiracy and the scheme and artifice to defraud that defendants ROBERT B. FORREST, BYRON A. GREEN, and others known and unknown to the Grand Jury, paid for the stolen track data by sending wire transfers of money to Russia and other overseas locations, 6. It was part of the conspiracy and the scheme and artifice to defraud that defendants ROBERT B. FORREST, BYRON A. GREEN, and others known and unknown to the Grand Jury,received the track data from the stolen credit card accounts in emails after they had tendered payment to the overseas locations. 7. It was part of the conspiracy and the scheme and artifice to defraud that defendants ROBERT B., FORREST, BYRON A. GREEN, MICHAEL HAYES, TOMEKA V. HARRIS and others known and unknown to the Grand Jury, used electronic equipment to encode the stolen credit card information onto “white plastic” cards, including unmarked cards, gift cards and other cards with electronic strips by replacing the existing data with the stolen credit card account data. 8. It was further part of the conspiracy and the scheme and artifice to defraud that defendants ROBERT B. FORREST, BYRON A. GREEN, MICHAEL HAYES, TOMEKA V. HARRIS, and others known and unknown to the Grand Jury, used electronic equipment to edit the stolen credit card information to make it appear as if the stolen credit cards were gift cards or had actually been issued to the individuals who would be using the fraudulently encoded cards. 9. It was further part of the conspiracy and the scheme and artifice to defraud that defendants. ROBERT B. FORREST, BYRON A. GREEN, MICHAEL HAYES, JOHN FORRESTER, and others known and unknown to the Grand Jury, used the cards encoded with the stolen credit card account information to purchase goods and obtain extensions of credit using the credit card accounts of other individuals without their knowledge and consent. 10, It was further part of the conspiracy and the scheme and artifice to defraud that defendants ROBERT B. FORREST, BYRON A. GREEN, MICHAEL HAYES, and TOMEKA V. HARRIS sold and transferred the cards that were encoded with stolen credit card information to other coconspirators, known and unknown to the Grand Jury, sometimes in exchange for a cash