Free Redacted Document - District Court of Delaware - Delaware

. . Case 1 :07-cr-00154-SLR Document 3 Filed 11/15/2007 Page 1 of 4 ·
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- IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. i Criminal Action No. 07- ff"!
MOSES L. OVERTON, i
Defendant. i F I D
l Mgr; l 5 2007
INDICTMENT
The Grand Jury for the District of Delaware charges that:
Introduction
l. At all times relevant to this Indictment, PNC Bank was a federally insured financial institution,
the deposits of which were insured by the Federal Deposit Insurance Corporation (or "FDlC").
COUNT ONE
Scheme to Defmud
2. From in or about 2005 through 2006, the defendant, Moses L. Overton, possessed a number
of checks associated with the checking accounts of various individuals. Among these checks were
checks associated with the checking accounts of IM., IL. and L.L.
3. From in or about 2005 through December 2006, the defendant provided Person A, a person
known to the Grand Jury, with checks associated with the checking accounts of LM., J.L. and L.L.,
knowing that Person A would then use those checks to cany out the scheme further discussed in
paragraph 4 below and intending to facilitate that scheme. These J .M., IL. and L.L. checks were
fraudulent checks, in that the checks were associated with checking accounts that were either closed,
suspended or that contained insufficient funds to support the financial transactions discussed in
paragraph 4.

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4. As part of the scheme, Person A obtained access to the PNC Bank checking and/or savings
accounts of various individuals ("the PNC Bank accounts"). Then, from in or around April 2005
through in or around December 2006, Person A used the check cashing function on PNC Bank
‘ automatic teller machines ("ATMs") to deposit the J .M., J.L. and L.L. checks into these PNC Bank
accounts and to "cash" these checks. These deposits fraudulently inflated the apparent balance of the
PNC Bank accounts and enabled Person A to make withdrawals up to $5 00 in cash after each
transaction. During the existence ofthe scheme, Person A cashed approximately 73 fraudulent checks
and thereby obtained approximately $36,500.
Charging Paragraph
5. From in or about 2005, through in or about December 2006, in the State and District of
Delaware, Moses L. Overton, defendant herein, did knowingly execute, and attempt to execute, a
scheme and artifice to defraud PNC Bank, a federally insured financial institution, as described more
fully in paragraphs 2—4 above, incorporated herein by reference, and in execution ofthe scheme, on or
about January 31, 2006, using the check cashing function of a PNC Bank ATM, Person A purported
to deposit a check drawn on the account of I .M., which was provided to him by the defendant, into the
account of M.W., knowing said check to be lraudulent, and thereby obtained $500 cash, all in violation
of Title 18, United States Code, Sections 1344 and 2.
COUNT TWO
Scheme to Defraud
6. In or about April 2006, defendant Moses L. Overton opened a checking account (account
number XX-XXXX-4933) and a savings account (account number XX-XXXX-0192) with PNC Bank.
7. Thereafter, in or about April 2006, defendant Moses L. Overton deposited checks into each
of the above accounts. These checks were associated with various checking accounts, including those
-2-

· · Case 1 :07-cr-00154-SLR Document 3 Filed 11/15/2007 Page 3 of 4 ·
in the na1nes of A.C., N.F., L.J. and R.R. At the time he made the deposits, the defendant knew that
the checks were fraudulent, as there were insufficient funds in the accounts on which the checks were
written and/or the accounts on which the checks were written had been closed or suspended. These
deposits fraudulently inflated the apparent balance in the defendant’s PNC Bank accounts, enabling the
defendant to make withdrawals in excess of the actual available funds therein. Once deposits of these
checks were credited by PNC Bank, the defendant then withdrew funds from the respective accounts
prior to discovery by bank officials that the deposited checks were worthless and fraudulent. ln this
way, the defendant obtained money and caused losses to PNC Bank in excess of $1,000.
Charging Paragraph
S. In or about April 2006, in the State and District of Delaware, defendant Moses L. Overton did
knowingly execute, and attempt to execute, a scheme and artitice to defraud PNC Bank, a federally
insured financial institution, as described more fully in paragraphs 6-7 above, incorporated herein by
reference, and in execution ofthe scheme, on or about April 13, 2006, the defendant withdrew $195
cash from PNC checking account number XX-XXXX—4933, all in violation of Title 18, United States
Code, Sections 1344 and 2.
COUNT THREE
9. On or about February 2, 2007, in the State and District of Delaware, defendant Moses L.
Overton, willhilly, knowingly and with the intent to deceive Gregory Automotive Group, and for the
purpose of obtaining something of value and for other purposes, to wit, taking possession of a 2001 Jeep
Grand Cherokee, falsely represented that Social Security account number XXX-XX—4531 was the Social
Security number assigned to him by the Commissioner of Social Security when, in fact, that number
had been assigned to B.C. and was not the Social Security number assigned to the defendant, in
violation of Title 42, United States Code, Section 408(a)(7)(B).
-3-

Case 1:07-cr—00154-SLR Document 3 Filed 11/15/2007 Page 4 of 4
COUNT FOUR
10. On or about February 2, 2007, in the State and District of Delaware, defendant Moses L.
Overton did knowingly use, without lawful authority, a means of identification, that is, a Social Security
number of another person, during and in relation to a violation of Title 42, United States Code, Section
408(a)(7)(B), as described in paragraph 9 above, all in violation of Title 18, United States Code, Section
lO28A.
A TRUE BILL:
Foreperson
COLM F. CONNOLLY
United States Attorney
BY:
Christopher J. Bu e
Assistant United States Attorney
Dated: November 15, 2007
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