Free Redacted Document - District Court of Delaware - Delaware


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_Case 1 :05-cr-00104-JJF Document 3 _ Filed 11/29/2005 Page 1 of 4 ii
IN THE UNITED STATES DISTRICT COURT _
FOR THE DISTRICT OF DELAWARE 6
Plaintiff, :
v. Criminal Action No. 05-
LEONARD J. GARNER,
Defendant.
INDICTMENT
‘ The Grand Juryfor the District of Delaware charges that: ‘
COUNT ONE
l. F rom on or about November 2, 2003, through in or around January, 2004, in the
District of Delaware and elsewhere, Leonard J. Garner, defendant herein, did knowingly use,
without lawful authority, means of identification of another person, specifically, the name and
social security number of A.M., with the intent to commit an unlawful activity that constitutes a
violation of Federal law, i.e. credit card fraud in violation of Title 18, United States Code,
Section l029(a)(2), all in violation of Title IS, United States Code, Section l028(a)(7).
COUNT TWO
2. From on or about March 2, 2004, through in or around April, 2004, in the District
of Delaware and elsewhere, Leonard J. Garner, defendant herein, did knowingly use, without
lawful authority, means of identification of another person, specifically, the name and social
se `¤ · · • E D ` · · · ` tent to commit an unlawful activity that constitutes a

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’Case 1:05-cr—00104-JJF Document 3 _ Filed 11/29/2005 Page 2 of 4
violation of Federal law, i.e. credit card fraud in violation of Title 18, United States Code,
Section l029(a)(2), all in violation ofTitle 18, United States Code, Section 1028(a)(7).
COUNT THREE
3. From on or about April 16, 2004, through in or around June, 2004, in the District
of Delaware and elsewhere, Leonard J. Garner, defendant herein, did knowingly use, without
lawful authority, means of identification of another person, specifically, the name and social
security number of AB., with the intent to commit an unlawful activity that constitutes a
violation of Federal law, i.e. credit card fraud in violation of Title 18, United States Code,
Section l029(a)(2), all in violation of Title 18, United States Code, Section l028(a)(7).
‘ ‘ ‘ ‘ L COUNT FOUR " `
4. From on or about June 11, 2004, through in or around July, 2004, in the District
of Delaware and elsewhere, Leonard J. Garner, defendant heroin, did knowingly use, without
. lawful authority, means of identification of another person, specifically, the name and social
security numbcr of P.W., with the intent to commit an unlawful activity that constitutes a
violation of Federal law, i.e. credit card fraud in violation of Title 18, United States Code,
Section l029(a)(2), all in violation ofTitle 18, United States Code, Section l028(a)(7).
COUNT FIVE
5. From on or about June 13, 2004, through in or around July, 2004, in the District
of Delaware and elsewhere, Leonard J. Garner, defendant herein, did knowingly use, without
lawful authority, means of identification of another person, specifically, the name and social
security number of L.K., with the intent to commit an unlawful activity that constitutes a
2

_Case 1:05-cr-00104-JJF Document 3 _ Filed 11/29/2005 Page 3 of 4
violation of Federal law, i.e. credit card fraud in violation of Title 18, United States Code,
Section 1029(a)(2), all in violation ofTitle 18, United States Code, Section 1028(a)(7).
COUNT SIX
Scheme and Artyice to Dejiuud
6. On or about February 2, 2004, Leonard J. Garner, defendant herein, using the
name A.l\/I., rented mailbox number 123 at a Mailboxes Etc. in Wynnewood, Pennsylvania.
7. On or about June 2, 2004, Leonard J. Garner, defendant herein, mailed a change
of address form from Philadelphia, Pennsylvania to the Postmaster in Wilmington, Delaware
19808 requesting that a false Wilmington, Delaware address in the name P.W. be changed to
*‘*””`”‘tr1atitlbox number 123 in Wynnewood, P"emisylvania. i 0 ' if if I ` I I
8. On or about June 13, 2004, Leonard J. Gamer, defendant herein, using the name
and identifying information of P.W. without the consent and/or knowledge of P.W., opened a
Best Buy credit card account. At all times relevant to this indictment, the Best Buy credit card
was issued by Household Bank, a federally insured financial institution, the deposits of which
were insured by the Federal Deposit Insurance Corporation or FDIC.
9. In opening the P.W. Best Buy account, Leonard J. Garner, defendant herein, listed
a false Wilmington, Delaware address as the address of the account holder — the same false
Wilmington, Delaware address in the name P.W. that he had requested the Postmaster to change
to mailbox number 123 in Wynnewood, Pennsylvania.
10. Household Bank mailed out the P.W. Best Buy credit card to the false address in
3 .

Qase 1.:05-cr-00104-JJF Document 3 _ Filed 11/29/2005 Page.4 of 4
Wilmington, Delaware. When the card arrived at the post office in Delaware, the post office
forwarded it to the mailbox in Wynnewood, Pennsylvania that was under the control of Leonard
J. Gamer, defendant herein.
1 1. Between on or about June 16, 2004, and on or about June 26, 2004, Leonard J .
Garner, defendant herein, used the P.W. Best Buy credit card to make purchases totaling over
$6,000.
Charging Paragraph
12. On or about June 2, 2004, in the District of Delaware, having devised and
intending to devise the scheme and artifice to defraud Household Bank described in paragraphs
` "" ` ox@m o 6 ` s *e re i ,‘ T property of Household Bank by means of false and fraudulent pretenses and representations, for
the purpose of executing such scheme and artifice to defraud, Leonard J . Garner, defendant
herein, did knowingly cause to be delivered by mail to the Postmaster in Wilmington, Delaware
_ 19808 a change of address form, as described in paragraph seven above, all in violation of Title
18, United States Code_, Section 1341.
A TRUE B1LL:_

coisivi F. coNNoLLv in ` __ .- t
d States tome p· é ` W ·
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Bs ~ § t`if
Beth Moskow—Schnoll _ ;
Assistant United States Attomey F , i i: _,
Dated: November 29, 2005 I , »
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