Free Redacted Document - District Court of Delaware - Delaware

Case 1:05-cr-00095-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff c r . A. No. MACDONALD P. TAYLOR, aka MACDONALD P. TAYLOR, Jr. Defendant. INDICTMENT

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The Grand Jury for the District of Delaware charges that:
COUNT ONE Introduction

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U.S. DISTRICT COURT DISTRICT OF DELAWARE

1.

At all times material to this Indictment, Washington Mutual Bank, F.A.

("Washington Mutual") was a federally insured financial institution, the deposits of which were insured by the Federal Deposit Insurance Corporation. 2. From on or about January 16,2003 through on or about March 13,2003, in New

Castle County, within the District of Delaware, defendant MacDonald P. Taylor aka MacDonald

P. Taylor, Jr. ("TAYLOR") knowingly executed a scheme and artifice to defraud Washington
Mutual by submitting various false and fraudulent documentation and information to representatives of Washington Mutual for the purpose of dehuding Washington Mutual into approving TAYLOR'S application for a mortgage loan for property located at 440 Pigeon View Lane, New Castle, Delaware 19720.
Scheme and Artifice to Defraud

It was part of the scheme and artifice to defraud that on or about February 4,2003,

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TAYLOR submitted and caused to be submitted to representatives of Washington Mutual false W-2 wage and tax statements for 2000,2001, and 2002 which indicated that his social security number was xxx-xx-5203, when he then and there well knew that was not the number assigned to him by the Secretary of the United States Department of Health and Human Services, and which falsified and overstated TAYLOR'S W-2 wage income for the years 2000,2001 and 2002. 4. It was hrther part of the scheme and artifice to defraud that on or about February

4,2003, defendant TAYLOR submitted and caused to be submitted to representatives of Washington Mutual false and fraudulent statements of earnings for pay periods beginning January 12,2003 and February 9,2003, which statements overstated the amount of money TAYLOR actually earned during this period.
5.

It was further part of the scheme and artifice to defkaud that on or about February

4,2003, defendant TAYLOR submitted and caused to be submitted to representatives of Washington Mutual a false and fraudulent letter, on American Heritage Federal Credit Union

("AHFCU") letterhead and dated January 16,2003, indicating, inter alia, that TAYLOR (a) had a
personal checking account #xxxxxx94 with AHFCU and (b) that the December 3 1,2002 balance

in the checking account was $12,287.32, whereas TAYLOR then and there well knew that he had
no open account with AHFCU and no money on deposit with AHFCU. 6. It was further part of the scheme and artifice to defiaud that on or about February

17, March 5, and March 6,2003, defendant TAYLOR submitted and caused to be submitted to
representatives of Washington Mutual false and fraudulent letters, on AHFCU letterhead and dated February 17, March 5, and March 6,2003, respectively, indicating, inter alia, that TAYLOR (a) had a personal checking account #xxxxxx94 with AHFCU and (b) that, on each of

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the dates in question, there were thousands of dollars on deposit in that account, whereas TAYLOR then and there well knew that he had no open account with AHFCU and no money on deposit with AHFCU.
7.

It was m e r part of the scheme and artifice to defraud that on or about February

26,2003, defendant TAYLOR submitted and caused to be submitted to representatives of Washington Mutual a false and fraudulent letter, dated February 26,2003, purportedly from J.P., indicating he had paid rent to J.P. for the months August 2002 through February 2003, whereas TAYLOR then and there well knew that J.P. had not written the letter submitted and that it contained false information.
8.

It was further part of the scheme and artifice to defraud that on or about February

26,2003, defendant TAYLOR submitted and caused to be submitted to a representative of Washington Mutual via xxx.xxx@,wamu.net, a false and fraudulent e-mail, dated February 26, 2003, purportedly from J.P. through XXXXX2001@,vahoo.com, indicating that all of TAYLOR'S rental payments had been made on time, whereas TAYLOR then and there well knew that J.P. had not drafted nor sent the e-mail and that it contained false information.
9.

It was further part of the scheme and artifice to defraud that on or about March

13, 2003, TAYLOR signed an affidavit indicating, inter alia, that his social security number was xxx-xx-5203, when he then and there well knew that was not the number assigned to him by the Secretary of the Department of Health and Human Services.

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10.
11.

Paragraphs 1-9 are incorporated herein by reference. From on or about January 16,2003 through on or about March 13,2003, in New

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Castle County, within the District of Delaware, defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, JR. ("TAYLOR") knowingly executed a scheme and artifice to defraud Washington Mutual Bank, F.A. ("Washington Mutual"), a financial institution insured by the Federal Deposit Insurance Corporation, and, in execution thereof, TAYLOR submitted and caused to be submitted to representatives of Washington Mutual false W-2 wage and tax statements for 2000,2001, and 2002 which indicated that his social security number was xxx-xx5203, when he then and there well knew that was not the number assigned to him by the Secretary of the Department of Health and Human Services, and which falsified and overstated TAYLOR'S W-2 wage income for the years 2000,2001 and 2002, and as a result of this scheme and artifice to defi-aud TAYLOR obtained a mortgage loan for 440 Pigeon View Lane, New Castle, Delaware 19720 in the amount of $199,820, all in violation of Title 18, United States Code, Section 1344(1) and 2.
COUNT TWO

12. 13.

Paragraphs 1 through 9 above are incorporated herein by reference. On or about March 13,2003, in New Castle County, within the District of

Delaware, defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, J . with R, intent to deceive, and for the purpose of obtaining a bank loan for residential real property in the District of Delaware, falsely represented that Social Security account number XXX-XX-5203 had been assigned to him by the Secretary of the United States Department of Health and Human Services

when in fact such number was not the account number assigned to him, in violation of Title 42,
United States Code, Section 408(a)(7)@3).

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COUNT THREE 14.

On or about March 14,2003, in New Castle County, wti the District of Delaware, ihn

defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, R,defendant herein, having devised and intending to devise a scheme and artifice to defiaud and to obtain money and property by means of false and fraudulent pretenses and representations and promises, and for the purposes of executing such scheme and artifice and attempting to do so, did transmit and cause to be transmitted by means of wire communication in interstate commerce a two page facsimile
.

transmission addressed to R. or S.M., and sent to (302) 888-2902, in violation of Title 18, United States Code, Section 1343 and 2. INTRODUCTION FOR COUNTS FOUR THROUGH SEVEN 15.

On or about September 17,2003, in New Castle County, within the District of

Delaware, defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, J .filed and R caused to be filed in the United States Bankruptcy Court for the District of Delaware a bankruptcy petition in the proceeding entitled In re MacDonald and Chenoa Renee Tavlor, Case No. 03-12887-

JKF. Chenoa Taylor aka Chenoa Lilliston is TAYLOR'S wife and joint debtor. Washington Mutual
Home Loans was listed or caused to be listed by defendant TAYLOR as a creditor.

16.

On or about September 17,2003, in the petition in the case entitled In re MacDonald

and Chenoa Renee Taylor, Case No. 03-12887-JKF, defendant TAYLOR stated and caused to be stated that he had not filed a bankruptcy case within the last six years, when he then and there well knew that he had filed and caused to be filed two bankruptcy petitions within the six years immediately preceding September 17,2003, to wit, proceedings entitled In re Mac Donald Tavlor, Case No. 00-04204-JKF and In re Mac Donald Tavlor, Case No. 01-013 11-JKF, both in the United

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States Bankruptcy Court for the District of Delaware. 17.

On or about September 17,2003, in the petition in the case entitled In re MacDonald

and Chenoa Renee Taylor, Case No. 03-12887-JKF, defendant TAYLOR stated that his social securitynumber was xxx-xx-5203, when he then and there well knew that was not the number assigned to him by the Secretary of the United States Department of Health and Human Services. 18.

On or about October 24,2003, the bankruptcy court issued an order dismissing Case

No. 03-12887-JKF for failure timely to file schedules. That case was terminated on or about March 3, 2004. 19.
On or about November 4,2003, in New Castle County, within the District of

Delaware, defendant TAYLOR filed and caused to be filed in the United States Bankruptcy Court for the District of Delaware a bankruptcy petition in the proceeding entitled In re MacDonald and Chenoa Renee Taylor, case No. 03-13389-JKF. Chenoa Taylor aka Chenoa Lilliston is TAMXIR's wife and joint debtor. Washington Mutual was listed or caused to be listed by defendant TAYLOR as a creditor. 20.
On or about November 4,2003, in the petition in the case entitled In re MacDonald

and Chenoa Renee Tavlor, Case No. 03-13389-JKF, defendant TAYLOR stated that his social security number was xxx-xx-5203, when he then and there well knew that was not the number assigned to him by the Secretary of the United States Department of Health and Human Services. 21.

On or about December 3,2003, the bankruptcy court issued an order dismissing Case

No. 03-13389-JKF for failure timely to file schedules. That case was terminated on or about January 23,2004. 22.

On or about May 14,2004, in New Castle County, within the District of Delaware,

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defendant TAYLOR filed and caused to be filed in the United States Bankruptcy Court for the District of Delaware a bankruptcy petition in the proceeding entitled In re MacDonald and Chenoa Renee Tavlor, case No. 04-1 1470-JKF. Chenoa Taylor aka Chenoa Lilliston is TAYLOR'S wife and joint debtor. Wa Mu Home Loan was listed or caused to be listed by defendant TAYLOR as a creditor. 23.

On or about May 14,2004, the petition in the case entitled In re MacDonald and

Chenoa Renee Taylor, Case No. 04-1 1470-JKF, defendant TAYLOR stated and caused to be stated,
in response to the requirement to list all bankruptcy cases he had filed within the last six years, only In

re MacDonald and Chenoa Renee Tavlor, Case No. 03-13389, when he then and there well knew that he had filed and caused to be filed three additional bankruptcy petitions within the six years immediately preceding May 14,2004, to wit, proceedings entitled In re Mac Donald Tavlor, Case No. 00-04204-JKF; In re Mac Donald Tavlor, Case No. 01-01311-JKF; and In re MacDonald and Chenoa Renee Tavlor, Case No. 03-12887-JKF, all in the United States Bankruptcy Court for the District of Delaware. 24.
On or about July 20,2004, the bankruptcy court issued an order dismissing Case No.

04-1 1470-JKF with prejudice on the U.S. Trustee's Motion, and prohibiting the debtors fiom filing for bankruptcy for one hundred-eighty (180) days fmm the date of the Order. That case was terminated on or about August 30,2004.
25.

On or about December 10,2004, in New Castle County, within the District of

Delaware, defendant TAYLOR filed and caused to be filed in the United States Bankruptcy Court for the District of Delaware a banhptcy petition in the proceeding entitled In re MacDonald Tavlor, Case No. 04-13482-JKF. Washington Mutual Home Loans was listed or caused to be listed by defendant TAYLOR as a creditor.

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26.

On or about December 10,2004, in the petition in the case entitled In re MacDonald

Taylor, Case No. 04-13482-JKF, defendant TAYLOR stated that his social security number was xxxxx-5203, when he then and there well knew that was not the number assigned to him by the Secretary of the United States Department of Health and Human Services. 27. On or about December 10,2004, the bankruptcy court issued an order dismissing

Case No. 04-13482-JKF inasmuch as the debtor TAYLOR was temporarily ineligible to file for bankruptcy protection, pursuant to the bankruptcy court's July 20,2004 order prohibiting such a filing for the one hundred-eighty (180) days immediately thereafter. That case was termhated on or about December 15,2004.
COUNTrnuR

28. 29.

Paragraphs 15-18 are incorporated herein by reference. On or about September 17,2003, in the State and District of Delaware, in the case

entitled In re MacDonald and Chenoa Renee Taylor, Case No. 03-12887-JIG, defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, J .knowingly and hudulently R made and caused to be made the following material false declaration and statement under penalty of perjury, within the meaning of Title 28, United States Code, Section 1746, in and in relation to a case under Title 11 of the United States Code, to wit, in the petition filed in the bankruptcy case No. 031 12887-JKF, defendant TAYLOR falsely stated that his social security number was xxx-xx-5203; whereas, in t u h and in fact, as defendant TAYLOR then and there well knew social security number rt

xxx-xx-5203was not the number assigned to him by the Secretary of the United States Department of
Health and Human Services, in violation of Title 18, United States Code, Section 152(3) and 2@).

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COUNT rn

30. 3 1.

Paragraphs 19-21 above are incorporated herein by reference. On or about November 4,2003, in the State and District of Delaware, in the case

entitled In re MacDonald and Chenoa Renee Tavlor, Case No. 03-13389-JKF, defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, J . R knowingly and fi-audulently made and caused to be made the following material false declaration and statement under penalty of perjury, within the meaning of Title 28, United States Code, Section 1746, in and in relation to a case under Title 11 of the United States Code, to wit, in the petition filed in the bankruptcy case No. 0313389-JKF,defendant TAYLOR falsely stated that his social security number was xxx-xx-5203; whereas, in truth and in fact, as defendant TAYLOR then and there well knew social security number xxx-xx-5203 was not the number assigned to him by the Secretary of the United States Department of Health and Human Services, in violation of Title 18, United States Code, Section 152(3) and 2(b).
COUNT SIX

32. 33.

Paragraphs 22-24 above are incorporated herein by reference. On or about May 14,2004, in the State and District of Delaware, in the case entitled

In re MacDonald and Chenoa Renee Tavlor, Case No. 04-11470-JKF, defendant MACDONALD P.
TAYLOR aka W D O N A L D P. TAYLOR, JR. knowingly and fkaudulently made and caused to be made the following material false declaration and statement under penalty of perjury, within the

meaning of Title 28, United States Code, Section 1746, in and in relation to a case under Title 11 of the
United States Code, to wit, in the petition filed in the bankruptcy case No. 04-1 1470-JKF, defendant TAYLOR falsely stated that he had only filed one bankruptcy case within the last six years,

a

MacDonald and Chenoa Renee Taylor, Case No. 03-13389; whereas, in truth and in fact, as defendant

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TAYLOR then and there well knew, he had filed and caused to be filed three additional bankruptcy petitions within the six years immediately preceding May 14,2004, to wit, proceedings entitled Mac Donald Tavlor, Case No. 00-04204-JKF; In re Mac Donald Tavlor, Case No. 01-01311-JKF; and

In re MacDonald and Chenoa Renee Tavlor, Case No. 03-12887-JKF, all in the United States
Bankruptcy Court for the District of Delaware, in violation of Title 18, United States Code Section 152(3) and 2@).
COUNT SEVEN

Paragraphs 25-27 above are incorporated herein by reference.
On or about December 10,2004, in the State and District of Delaware, in the case entitled In re MacDonald Tavlor, Case No. 04-13482-JKF, defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, JR. knowingly and fraudulently made and caused to be made the following material false declaration and statement under penalty of perjury, within the meaning of Title 28, United States Code, Section 1746, in and in relation to a case under Title 11 of the United States Code, to wit, in the petition filed in the bankruptcy case No. 04-13482-JKF, defendant TAYLOR falsely stated that his social security number was xxx-xx-5203; whereas, in truth and in fact, as defendant TAYLOR then and there well knew social security number xxx-xx-5203 was not the number assigned to him by the Secretary of the United States Department of Health and Human Services, in violation of Title 18, United States Code, Section 152(3) and 2@).
COUNT EIGHT

Paragqhs 15-18 above are incorporated herein by reference.
37.

On or about September 17,2003, in New Castle County, within the District of

Delaware, defendant MACDONALD P. TAYLOR aka MACDONALD P. TAYLOR, R,with intent

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to deceive, and for the purpose of pursuing a bankruptcy case in the District of Delaware, falsely represented that Social Security account number XXX-XX-5203 had been assigned to him by the Secretary of the United States Department of Health and Human Services when in fact such number was not the account number assigned to him, in violation of Title 42, United States Code, Section

A TRUE BILL:

COLM F. CONNOLLY United States Attorney

bBs(tant United States Attorney Dated: October 25,2005