District Court, City and County of Denver, Colorado City and County Building, Room 409 1437 Bannock Street Denver, CO 80202 Plaintiff: THE PEOPLE OF THE STATE OF COLORADO Defendants: ELLIOTT BOSTON DAN JEY COLRT USE ONLY aka DAN ROCKY JEY Case Number: aka JESURAHNAM DUTTON DHAYAHARAN Grand Jury No. 17CR2B Div.: Criminal Ctnn: 409 INDICTMENT VIOLATION OF COLORADO ORGANIZED CRIME CONTROL ACT, C.R.S. 18-17-1046), (F2) <37284> 1 (1 count) SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> 2 20 (19 counts) THEFT - $100,000 - $1,000,000, C.R.s. (F3) 21, 22, 27 (3 counts) IDENTITY THEFT, C.R.S. (F4counts) FORGERY OF A PUBLIC RECORD, C.R.S. (F5) <1001d> 24, 29, 34, 38 (4 counts) FORGERY OF CHECKS OR COMMERCIAL INSTRUMENTS, C.R.S. 18-5-102( 1) (F5) 26, 31, 36, 4O (4 counts) THEFT - $20,000 - $100,000, C.R.S. (F4) 32 (1 count) IDENTITY THEFT - POSSESSION TO USE TO APPLY FOR CREDIT, C.R.S. (F4) 39 (1 count) The Grand Jury presents the within Indictment and the same is ordered ?led. Datedthis dayof MiEhael J. Vallejos Presiding Judge Denver District Court INDICTMENT STATE OF COLORADO COUNTY OF DENVER Of the term of the District Court in the year 2017, the Grand Jurors chosen, selected and sworn in_ and for the County of Denver, in the name and by the authority of the Peeple of the State of Colorado, upon their oaths, present their indictment of: ELLIOTT BOSTON and DAN #5 Dated this aZ? day Of 2017. REDACTED PURSUANT TO COURT ORDER AS TO COUNT ONE: TRUE BILL (cocoa) N0 TRUE BI REDACTED PURSUANT TO COURT ORDER AS TO COUNT TWO: TRUE (securities fraud) NO TRUE BILI REDACTED AS TO COUNT THREE: TRUE BILL PURSUANT TO COURT ORDER (securities fraud) NO TRUE REDACTED PURSUANT To con-RT AS TO COUNT FOUR: TRUE BILL E- ORDER (securities fraud) NO TRUE BILT REDACTED PURSUANT TO COURT 0 ER AS TO COUNT FIVE: TRUE BILL . RD (securities ?aud) NO TRUE BILT REDACTED PURSU TO 0 AS TO COUNT SIX: TRUE BILL . AN ORDER (securities fraud) N0 TRUE BILI- REDACTED PURSUANT TO COURT ORDER AS TO COUNT SEVEN: TRUE BILL .5 (securities fraud) NO TRUE BILL AS TO COUNT EIGHT: (securities fraud) AS TO COUNT NINE: (securities fraud) AS TO COUNT TEN: (securities fraud) AS TO COUNT ELEVEN: (securities fraud) AS TO COUNT TWELVE: (securities fraud) AS TO COUNT THIRTEEN: (securities fraud) AS TO COUNT FOURTEEN: (securities fraud) AS TO COUNT FIFTEEN: (securities fraud) AS TO COUNT SIXTEEN: (securities fraud) AS TO COUNT SEVENTEEN: (securities fraud) AS TO COUNT EIGHTEEN: (securities fraud) REDACTED PURSUANT TO COURT 0RD TRUE BILL: ER NO TRUE BII REDACTED PURSUANT TO CO TRUE URT ORDER NO TRUE REDACTED PURSUANT TO COURT 0 TRUE BILLG RDER N0 TRUE BH 7 REDACTED PURSU TO TRUE BILL: ANT OURT ORDER NO TRUE BIT TRUE BILL . REDACTED PURSUANT TO COURT ORDER NO TRUE BILL TRUE BILL REDACTED PURSUANT TO COURT ORDER NO TRUE BH 1. TRUE BILIZ REDACTED PURSUANT TO COURT ORDER NO TRUE BILL TRUE BILL REDACTED PURSUANT TO COURT ORDER NO TRUE BILI - TRUE REDACTED PURSUANT TO COURT ORDER NO TRUE BILI TRUE BILL REDACTED PURSUANT TO COURT ORDER NO TRUE BII I TRUE BILL REDACTED PURSUANT TO COURT ORDER NO TRUE BILL AS TO COUNT NINETEEN: (securities fraud) AS TO COUNT TWENTY: (securities fraud) AS TO COUNT TWENTY-ONE: (theft) AS TO COUNT TWENTY-TWO: (theft) AS TO COUNT (identity theft) AS TO COUNT TWENTY-F OUR: (forgery of a public record) AS To COUNT TWENTY-FIVE: (identity theft) AS TO COUNT TWENTY-SIX: (forgery - instruments) AS TO COUNT (theft) AS TO COUNT TWENTY-EIGHT: (identity theft) AS TO COUNT TWENTY-NINE: (forgery of a public record) REDACTED PURSUANT TO COURT ORDER TRUE BILL NO TRUE BIT REDACTED TRUE BILL URSUAN TO COURT ORDER NO TRUE BII TRUE BILL 5 REDACTED PURSUANT TO COURT ORDER NO TRUE BII REDACTED TRUE BILL PURSUANT TO COURT ORDER NO TRUE BILI REDACTED PURSUANT TO CO TRUE BILL 6 UR ORDER NO TRUE BILI REDACTED PURSUANT TO COURT ORDER TRUE BILL . NO TRUE BILT I REDACTED PURSU TRUE BILL ANT TO COURT ORDER NO TRUE BII REDACTED PURSUANT TO COURT ORDER TRUE BILL 4 N0 TRUE BILL TRUE BILL REDACTED PURSUANT To COURT ORDER NO TRUE BILL TRUE BILL c: REDACTED PURSUANT TO COURT ORDER No TRUE BILI DACTED PURSUANT TO COURT ORDER TRUE BILL RE N0 TRUE BILL AS TO COUNT THIRTY: (identity theft) AS TO COUNT THIRTY-ONE: (forgery - cheeks/commercial AS TO COUNT THIRTY-TWO: (the?) AS TO COUNT THIRTY-THREE: (identity theft) AS .TO COUNT OUR: (forgery Of a public record) AS TO COUNT THIRTY-FIVE: (identity theft) AS TO COUNT THIRTY-SIX: (forgery - checks/commercial AS TO COUNT THIRTY-SEVEN: (identity the?) AS TO COUNT THIRTY-EIGHT: (forgery of a public record) AS TO COUNT THIRTY-NINE: (identity theftpr ssession apply for credit) AS TO COUNT FORTY: (forgery - checks/commercial instruments) REDACTED PURSUANT TO COURT ORDE TRUE BILL NO TRUE TRUE BILL 6 REDACTED PURSUANT TO COURT ORDER NO TRUE BILT REDACTED PURSUANT TO COURT ORDER TRUE BILL (L NO TRUE BILI . TRUE BILL c: REDACTED PURSUANT TO COURT ORDER NO TRUE BII I DACTET) UAN 1' TO CO ORDER TRUE BILL RE URS UR NO TRUE BILL TO COURT ORDER TRUE BILL REDACTED PURSUANT N0 TRUE REDACTED TRUE BILL UR UANT TO COURT ORDER NO TRUE BU REDACTED PURSUANT TO COURT 0 TRUE BILL RDER NO TRUE REDACTED PURSUANT TO COURT ORDER TRUE BILL NO TRUE BILL TRUE BILL REDACTED PURSUANT To COURT ORDER NO TRUE BILL REDACTED TRUE BILL C: PURSUANT TO COURT ORDER NO TRUE BILL REDACTED PURSUANT TO COURT ORDER 1, - . .. the Foreperson of the 2017 Denver County Statutory Grand Jury, Panel B, do hereby swear and af?rm that each and every True Bill returned in this Indictment by the 2017 Denver County Statutory Grand Jury, Panel B, was arrived at after deliberation and with the assent and agreement to the existence of probable cause by at least nine members of the 2017 Denver County Statutory Grand Jury, Panel B. The 2017 Denver County Statutory Grand Jury, Panel B, authorizes and instructs the Denver District Attorney to return this Indictment to open court with or without the nresence of the orenerson. REDACTED PURSUANT TO COURT ORDER r?oreperson L) Subscribed and sworn to before me in the County of Denver, State of Colorado, this at)" day of ,2017. Notary Public My commission expires: WW I STATE OF . NOTARY ID 10mm 9 leg wcomursaouamnssauue 16.2020 BETH MCCANN District Attorney J0 M. MORALES, Reg. No. 24706 Denve istrict Attorney?s Of?ce 201 W. Colfax Ave, Dept. 801 Denver, CO 80202 720-913-9015 Low VOLATION OF COLORADO ORGANIZED CRIME CONTROL ACT, C.R.S. 18-17-104 (3) F2 <3 7284> Between and including September 25, 2013 and April 26, 2017, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON while employed by or associated with, an enterprise, namely 773 JOSEPHINE STREET LLC, 3001 COLORADO BLVD LLC, ANMB REAL ESTATE TRUST LLC, FESA GROUP LLC, MNAB CAPITAL TRUST LLC, RLL HOMES LLC, ROCKY MOUNTAIN CAPITAL TRUST LLC, SOL-O INVESTMENTS LLC, WZ USA GROUP LLC, SPECIALTY BUILDERS DESIGN PLUS LLC, and other persons known or unknown, who were associated from time to time in racketeering activity that was related to the conduct of the enterprise, unlawfully, feloniously, and knowingly conducted or participated, directly or indirectly in the enterprise through a pattern of racketeering activity; in violation of sections 18-17-104 (3) and 18-17-105. C.R.S. The Enterprise The enterprise alleged in Count One included, but was not limited to, the following: ELLIOTT BOSTON 773 JOSEPHINE STREET LLC, 3001 COLORADO BLVD LLC, ANMB REAL ESTATE TRUST LLC, FESA GROUP LLC, MNAB CAPITAL TRUST LLC, RLL HOMES LLC, ROCKY MOUNTAIN CAPITAL TRUST LLC, SOLO INVESTMENTS LLC, WZ USA GROUP LLC, SPECIALTY BUILDERS DESIGN PLUS LLC, and other persons known or unknown who were associated from time to time in racketeering activity that was related to the conduct of the enterprise. Pattern of Racketeering Activity For purposes of this count, ELLIOTT BOSTON engaged in acts related to the conduct of the enterprise, including: the acts described in counts 1 through 20 of this indictment, including any lesser included offenses of these counts. COUNT TWO - SECURITIES FRAUD - UNTRUE STATEMENT 0R OMISSION, C.R.S. (F3) <50052> Between and including September 1, 2013 and November 13, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON andlor DAN JEY aka DAN ROCKY JEY aka DUTT ON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, feloniously, and will?illy made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the iight of the circumstances under winch they were made, not misleading upon in violation of sections and 11-51-6030), C.R.S. COUNT THREE SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including October 1, 2013 and August 21, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON and/or DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlaw?illy, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in Violation of sections and 11-51-6030), C.R.S. COUNT FOUR SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including October 1, 2013 and August 21, 2014, at and triable in the City- and County of Denver, State of Colorado, ELLIOTT BOSTON and/or DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlaw?illy, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in Violation of sections and C.R.S. IO COUNT FIVE SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including October 1, 2013 and August 21, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON andlor DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to?wit: CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation of sections and 11?51?6030}, C.R.S. COUNT SIX SECURITIES FRAUD - UNTRUE STATEMENT 0R OMISSION, C.R.S. 11-51-501( (F3) <50052> Between and including November 1, 2013 and April 18, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON and/or DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of th circumstances under which they were made, not misleading upon in violation of sections and 11-51-6030), C.R.S. COUNT SEVEN SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including November 1, 2013 and January 22, 2015, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON audfor DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon and_ in violation of sections and 11-51- 6030), C.R.S. ll Qumran SECURITIES FRAUD UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including December 1, 2013 and June 16, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON andlor DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessaryr in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation ofsections and C.R.S. QM SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including December 1, 2013 and June 18, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON andlor DAN JEY aka DAN ROCKY JEY aka JESURAHNAJM BUTTON DI-IAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon. in violation of sections 11~5 and 11-51-6030), C.RS. COUNT TEN SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including December 1, 2013 and June 17, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON and/0r DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlaw?illy, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon . in violation of sections and 11-51-6030), C.R.S. 12 gnaw SECURITIES FRAUD UNTRUE STATEMENT OR OMISSION, C.R.S. 1161-501 (1 (F3) <50052> Between and including January 1, 2014 and June 26, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON andlor DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation of sections and C.R.S. COUNT TWELVE SECURITIES FRAUD UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including March 1, 2014 and June 17, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation of sections and 11-51-6030), C.R.S. COUNT THIRTEEN SECURITIES FRAUD - UNTRUE OR OMISSION, C.R.S. (F3) <50052> Between and including March 1, 2014 and January 22, 2015, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON 1H, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlaw?illy, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of th circumstances under which they were made, not misleading upon_; in violation of sections and 11-51-6030), C.R.S. 13 COUNT FOURTEEN SECURITIES FRAUD - UNTRUE STATEMENT on OMISSION, C.R.S. (F3) <50052> Between and including April 1, 2014 and June 16, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation of sections and 11-51-6030), C.R.S. COUNT FIFTEEN SECURITIES FRAUD - UNTRUE STATENIENT OR OMISSION, C.R.S. (F3) <50052> Between and including May 1, 2014 and August 21, 2014 at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation of sections and C.R.S. COUNT SIXTEEN SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including June 1, 2014 and November 13, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessaiy in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation of sections 11-51-501( and 1 1-51-6030), C.R.S. I4 COUNT SEVENTEEN SECURITIES FRAUD - UNTRUE OR OMISSION, C.R.S. (F 3) <50052> Between and including June I, 2014 and June 26, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON and/or DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN, in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in violation of sections and 11-51-6030), C.R.S. COUNT EIGHTEEN SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. (F3) <50052> Between and including September 1, 2014 and January 22, 2015, at and triablc in the City and County of Denver, State of Colorado, ELLIOTT BOSTON [11 and/or DAN JEY aka DAN ROCKY JEY aka JESURAHNAM BUTTON DHAYAHARAN in connection with the offer, sale, or purchase of a security to-wit: INVESMNT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of th circumstances under which they were made, not misleading upon in violation of sections and C.R.S. SECURITIES FRAUD UNTRUE STATEMENT on OMISSION, C.R.S. 11-5 1 -501(1)(b) (F3) <50052> Between and including July 1, 2015 and June 7, 2016, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON in connection with the offer, sale, or purchase of a security to-wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading upon in Violation of sections and 11-51-6030), C.R.S. IS COUNT TWENTY SECURITIES FRAUD - UNTRUE STATEMENT OR OMISSION, C.R.S. 1 (F3) <50052> Between and including August 1, 2015 and January 22, 2016, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON in connection with the offer, sale, or purchase of a security to?wit: INVESTMENT CONTRACT, directly or indirectly, unlawfully, feloniously, and willfully made an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of th circumstances under which they were made, not misleading upon in violation of sections and 11-51-6030), C.R.S. The facts supporting Counts 1 through 20 include the following: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. Elliott Boston (Boston), at all times relevant to this indictment, owned, or operated, or directed, or used the following named businesses or purported businesses to fraudulently obtain money, products and services from investors, individuals, and businesses: a) Rocky Mountain Capital Trust, b) 773 Josephine Street, 0) W2 USA Group, d) Solo Investments, e) RLL Homes, f) Fesa Group, g) MNAB Capital Trust, h) AN MB Real Estate Investment Trust, i) Specialty Builders Design Plus, j) 3001 Colorado Blvd, LLC 3. Between and including, October 23, 2012 and April 26, 2017, Boston maintained various business bank accounts and personal bank accounts at various banks in the State of Colorado, including, but not limited to, Colorado State Bank Trust, Academy Bank, Wells Fargo Bank, Bank of The West, and Key Bank. Boston deposited funds from investors into the various accounts controlled by Boston. 4. Boston fraudulently used these accounts for his daily living expenses, including, but not limited to paying for food, alcohol, cigars, assorted merchandise, clothing, cosmetics, mortgage payments, rent payments on personal residences, automobile registration payments, automobile insurance payments, automobile payments, airline tickets, motel rooms, automobile rentals, automotive costs, medical payments, and other personal expenses. 5. On or about May 7, 2013, Boston ?led Articles of Organization for a company called Rocky Mountain Capital, LLC under identi?cation number 20131282873 with the Colorado Secretary of State. Boston listed the company?s business address as 743 Horizon Court Suite 107, Grand Junction, Colorado. 6. The Colorado Secretary of State?s of?ce is located at 1700 Broadway Boulevard in the City and County of Denver, State of Colorado. 7. On 0r about August 5, 2013, Boston opened Bank of The West business checking account number in the name of Rocky Mountain Capital, LLC. Boston listed the company?s business address as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 8. On or about August 5, 2013, Boston opened Bank of The West business checking account number in the name of Rocky Mountain Capital, LLC. Boston listed the company?s business address as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 9. On or about June 27, 2014, Boston Opened Wells Fargo Bank business checking account number in the name of Rocky Mountain Capital, LLC. Boston listed the company?s business address as 743 Horizon Court Suite 107, Grand Junction, Colorado. 10. The proof department of Wells Fargo Bank in Colorado is located at 1700 Broadway, City and County of Denver, State of Colorado. 11. On or about October 11, 2013, Boston ?led Articles of Organization for a company called 773 Josephine Street LLC under identi?cation number 20131587830 with the Colorado Secretary of State. Boston listed the business address for the company as 773 Josephine Street in the City and County of Denver, State of Colorado. 12. On or about November 20, 2013, Boston ?led Articles of Organization for a company called WZ USA Group, LLC under identi?cation number 20131664555 with the Colorado Secretary of State. Boston listed the business address for the company as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 13. On or about November 20, 2013, Boston opened Wells Fargo Bank business checking account number in the name of WZ USA Group, LLC. Boston listed the company?s business address as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 14. On or about December 13, 2013, Boston ?led Articles of Organization for a company called Solo Investments, LLC under identi?cation number 20131713068 with the Colorado Secretary of State. Boston listed the business address for the company as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 15. On or about December 13, 2013, Boston opened Wells Fargo Bank business checking account number in the name of Solo Investments, LLC. Boston listed the company?s business address as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 16. On or about December 27, 2013, Boston ?led Articles of Organization for a company called RLL Homes, LLC under identi?cation number 20131741740 with the Colorado Secretary 17 of State. Boston listed RLL Homes, LLC business address as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 17. On or about January 6, 2014, Boston ?led Articles of Organization for a company called Fesa Group, LLC under identi?cation number 20141010192 with the Colorado Secretary of State. Boston listed the company?s business address as10625 Wildhurst Circle, Highlands Ranch, Colorado. 18. On or about January 6, 2014, Boston opened Wells Fargo Bank business checking account number ?in the name of Fesa Group, LLC. Boston listed the company?s business address as 10625 Wildhurst Circle, Highlands Ranch, Colorado. 19. On or about May 9, 2014, Boston ?led Articles of Organization for a company called MNAB Capital Trust, LLC under identi?cation number 20141296827 with the Colorado Secretary of State. Boston listed the company?s business address as 600 17th Street, Denver, Colorado 20. On or about January 16, 2014, Articles of Organization for a company called ANMB Real Estate Investment Trust, LLC under identi?cation number 20141366610 with the Colorado Secretary of State. The company?s business address was listed as 999 18th Street Suite 3000, Denver, Colorado. The registered agent for the company was listed as ANMB Capital Trust, LLC. The business address for ANMB Capital, LLC was listed as 600 17th Street Suite 8500 North, Denver, Colorado. 21. whose address was listed as Alexandria Virginia was listed as the true name and mailing address of the person forming the limited liability company. The name was also listed as the person who caused the document to be delivered for ?ling. 22. As of April 18, 2017', ANMB Capital Trust, LLC, is not registered with the Colorado Secretary of State?s Office to conduct business in the State of Colorado. 23. lives at in Alexandria, Virginia. met Boston at a real estate training?'clas?n California. has not conducted, formed, or registered nor caused any business to be formed in the State of Colorado. _did not grant or authorize Boston or anyone else permission to use . name with forming andlor registering any business in the State of Colorado. did not ?le or cause to be ?led with the Colorado Secretary of State?s Of?ce a business called ANMB Real Estate Investment Trust, LLC. 24. On or about June 15, 2015, Boston opened Colorado State Bank Trust business checking account number - in the name of ANMB Real estate Investment Trust, LLC. Boston listed the company?s business address as 999 18th Street Suite 3000, Denver, Colorado. 18 25. On or about June 15, 2015, Boston opened Colorado State Bank Trust business checking account number in the name of ANMB Real Estate Investment Trust, LLC. Boston listed the company?s business address as 999 18th Street Suite 3000, Denver, Colorado. 26. The proof department for Colorado State bank Trust in Colorado is located at 1600 Broadway in the City and County of Denver, State of Colorado. 27. On or about April 25, 2016, a business identi?ed as Specialty Builders Design Plus, LLC was registered with the Colorado Secretary of State?s Of?ce under identi?cation number 20161286838. Boston was listed as the person forming the limited liability company, and the company?s business address was listed as 9457 South University Boulevard #811, Highlands Ranch, Colorado. an associate of Boston, was listed as the registered agent and. address was listed as 94". South University Boulevard Highlands Ranch, Colorado. Boston was previously associated with the address 9457 South University Boulevard, a UPS Store where Boston has used box on other documents and accounts. 28. On or about April 21, 2016, Boston opened Academy Bank personal checking account number in the name of Elliott Boston 111 and listed his address as 13666 omega Circle, Lone Tree, Colorado. Boston was living at 13666 Omega Circle in Lone Tree, Colorado in July 2016. 29. On or about April 25, 2016, Boston Opened Academy Bank business checking account number in the name of Specialty Builders Design Plus, LLC. Boston listed the company?s business address as 9457 South University Boulevard #811, Highlands Ranch, Colorado. 30. On or about July 7, 2016, Boston opened Academy Bank personal checking account number in the name of Elliott Boston 111. Boston listed his address as 13666 Omega Circle, Lone Tree, Colorado. Boston was living at 13666 Omega Circle in Lone Tree, Colorado in July 2016. 31. On or about July 7, 2016, Boston opened Academy Bank personal savings account number - in the name of Elliott Boston 111. Boston listed his address as 13666 Omega Circle, Lone Tree, Colorado. Boston was living at 13666 Omega Circle in Lone Tree, Colorado in July 2016. 32. On or about September 28, 2013,? in response to solicitations from Boston andfor Dan Rockey Jey (Joy), invested money with Boston for a fix and ?ip construction project located at 3358 Saint Paul Street in the City and County of Denver, State of Colorado. Jey entailed-a multi-page Property Presentation document prior to investing with Boston. This presentation contained a spreadsheet titled ?Pro?t Split St. Paul.? This Pro?t Split spreadsheet listed the ?Developer Contribution? to the project as being $3,000.00. The developer was Boston, and ey did not tell i- that Boston did not contribute $3,000.00 to the project. Jey also listed the ?gap? investment needed as $51,300.00. Neither Jey nor Boston 19 informed -thal- would not be the only gap funder on the ?x and ?ip project at 3358 Saint Paul Street prior to. investing in the project. 33. On or about October 11, 2013, in response to solicitations from Boston andlor Jey, invested money with Boston for a ?x and ?ip construction project located at 773 Josephine Street in the City and County of Denver, State of Colorado. Jey emailed- a multi~page Property Presentation. One of the pages in this document was titled ?Investment Breakdown." The investment breakdown listed the developer contribution to the project as $53,900.00. The developer was Boston and prior to investing $30,000.00 in the project, Jey did not tell that Boston did not contribute $53,900.00 to the project. The investment breakdown listed the total amount of gap funds needed as $70,000.00. 34. On or about October 11, 2013, in reSponse to solicitations from Boston andfor Jey, invested money with Boston for a ?x and ?ip construction project located at 773 Josephine Street located in the City and County of Denver, State of Colorado. Jey emailed - a multi-page PrOperty Presentation. One of the pages in this document was titled ?Investment Breakdown." The investment breakdown listed the purchase price as $534,100.00 with a developer contribution in the amount of $53,900.00 and $70,000.00 gap funds needed for the project. The developer was Boston and prior to - making an investment of $60,000.00 in the project, Jey did not tell-301m Bostondid not contribute $53,900.00 to the project. 35. Neither Boston nor Jey informed? or - that collectively they had contributed a total of $90,000.00 for the rehab of the project located at 773 Josephine Street, which was $20,000.00 in excess of the amount of money Joy listed as needed in the Property Presentation investment breakdown. 36. On or about October 23, 2013, in response to solicitations from Boston and/or Jey, invested money with Boston for a ?x and ?ip construction project located at 3029 York Street in the City and County of Denver, State of Colorado. Prior to investing in the project, Jey emailed a Property presentation. The presentation included a page titled ?Investment Breakdown? The investment breakdown listed the total investment needed was $304,400.00 which included $233,000.00 from the hard money lender, $21,400.00 developer contribution, and $50,000.00 in gap investment funds. The developer was Boston and prior to - investing $50,000.00 in the project, Jey did not inform- that Boston had not contributed $21,400.00 towards the project. 37. On or about November 18, 2013, - in response to solicitations from Boston and/or Joy, invested money with Boston for a ?x and ?ip construction project located at 150 Monaco Street Parkway in the City and County of Denver, State of Colorado. Prior to investing in the project, Jey emailed I- a document titled ?Investment Breakdown.? The investment breakdown listed the total investment needed was $436,700.00 which included $300,000.00 from the hard money lender, $56,700.00 developer contribution, and $80,000.00 in gap investment funds. The developer was Boston and prior to - investing $80,000.00 in the project, ey did not inform- that Boston had not contributed $56,700.00 towards the project. 20 38. On or about November 25, 2013, and m, in response to solicitations from Boston and/or .Tey, invested money with Boston for a ?x and ?ip construction project at 1739 South Monaco Street Parkway in the City and County of Denver, State of Colorado. Prior to the investing in the ?x and ?ip construction project at 1739 South Monaco Street Parkway, Jey emailed the ?a document titled Property Proposal. One of the pages of the document was titled Investment Breakdown. The investment breakdown listed a total of $272,000.00 as funds from the hard money loan and developer contribution. Jey listed the purchase price as $259,000.00, leaving the developer?s investment amount of $13,000.00. Prior to the making an investment of $50,000.00 in the project, neither .1 ey nor Boston informed the? that the developer, Boston, did not invest $13,000.00 in the project. 39. On or about December 10, 2013,_, in response to solicitations from Boston and/or Jey, invested money with Boston for a ?x and ?ip construction project located at 5045 Eliot Street in the City and County of Denver, State of Colorado. Prior to_investing in the ?x and flip construction project at 5045 Eliot Street, Jey emailed a document titled Preperty Proposal. One of the pages of the document was titled Investment Breakdown. The investment breakdown listed a total of $25,200-00 as developer contribution. Boston was the developer, and prior to -making an investment of $60,000.00 in the project, Neither Jey, nor Boston informed - that the developer, Boston, did not invest $25,200.00 in the project. 40. On or about December 18, 2013, S-, in response to solicitations from Boston andfor ey, invested money with Boston for a fix and ?ip construction project located at 5 702 South Ouray Court in the City of Centennial, County of Arapahoe, State of Colorado. Jey directed to wire transfer $60,000.00 to Wells Fargo Bank account number 2108 Assured Title Agency, LLC which did on December 18, 2013. Neither Jey nor Boston informed - prior to December 18, 2013, that the property they solicited funds to purchase and rehab, 5702 South Ouray Court, had been sold in October, 2013 to a different business entity that was not associated with either Jey or Boston. 41. On or about December 30, 2013, m, in response to solicitations from Boston and/or Jey, invested money with Boston for a ?x and ?ip construction project located at 295 South Jasmine Street in the City and County of Denver, State of Colorado. Prior to the investing in the ?x and ?ip construction project at 295 South Jasmine Street, Jey emailed - a document titled Preperty Proposal. One of the pages of the document was titled Investment Breakdown. The investment breakdown listed the purchase price as $439,900.00, repairs for $40,000.00, and the developer contribution of $22,892.00. Boston was the developer and prior to making an investment of $55,000.00 in the project, neither Jey, nor Boston informed that the developer, Boston, did not invest $22,892.00 in the project. 42. On or about January 5, 2014,?, in response to solicitations from Boston andfor Jey, invested money with Boston for a ?x and ?ip construction project located at 3941 King Street in the City and County of Denver, State of Colorado. Prior to - investing $75,000.00 in the King Street project, neither ey nor Boston informed that gwas not the only gap funder associated with the project. 21 43. On or about March 8, 2014,1_, in response to solicitations from Boston, invested money with Boston for a ?x and ?ip construction project located at 295 South Jasmine Street in the City and County of Denver, State of Colorado. Boston emailed - a six page document titled Property Presentation. Prior to - investing $20,000.00 in the project, Boston, did not inform that - was not the only gap fund investor on the project. 44. On or about March 26, 2014,? in response to solicitations ?orn Boston, invested money with Boston for a ?x and ?ip construction project located at 1739 South Monaco Street Parkway in the City and County of Denver, State of Colorado. Boston emailed - a six page document titled Property Presentation. Prior to - investing $12,000.00 in the project Boston did not inform - that - was not the only gap fund investor on the project. 45. On or about April 28, 2014,-, in response to solicitations from Boston, invested money with Boston for a ?x and ?ip construction project located at 5045 Eliot Street in the City and County of Denver, State of Colorado. Prior to - investing $30,000.00 in the project Boston, did not inform - that-was not the only gap fund investor on the project. 46. On or about May 13, 2014,- in response to solicitations from Boston, invested money with Boston for a ?x and ?ip construction project located at 773 Josephine Street in the City and County of Denver, State of Colorado. Boston emailed- a six page document titled Property Presentation. Prior to the - investing $20,000.00 in the ?x and ?ip construction project at 773 Josephine Street Boston did not inform - that. was not the only gap ?ind investor on the project. 47. On or about June 11, 2014, in response to solicitations from Boston, invested money with Boston for a for and ?ip construction project located at 3358 Saint Paul Street in the City and County of Denver, State of Colorado. Boston emailed- a six page document titled Property Presentation. Prior to investing $17,000.00 in the project Boston did not inform.- that I was not the only gap fund investor on the project. 48. On or about February 15, 2014, in response to solicitations from Boston andfor ey, invested money with Boston for a and ?ip construction project located at 3941 King Street in the City and County of Denver, State of Colorado. Prior to the investment, ey emailed on February 13, 2014 and instructed . to wire the funds, $60,000.00 to Bank of The west, account number -, the account of Rocky Mountain Capital, LLC. Prior to - investing $60,000.00 in the project neither Jey nor Boston, informed ?that I was not the only gap fund investor on the project. 49. On or about September 23, 2014, in response to solicitations from Boston and/or Jey, invested money with Boston for a ?x and ?ip construction project located at 1739 South Monaco Street Parkway in the City and County of Denver, State of Colorado. Prior to - investing $20,000.00 in the project neither Jey nor Boston informed:. that. was not the only gap fund investor on the project. 22 50. On or about July 31, 2015, in response to solicitations from Boston, invested money with Boston for a ?x and ?ip construction project located at 2067 South Pearl Street in the City and County of Denver, State of Colorado. 51. On or about August 3, 2015 7 in response to solicitations from Boston, invested money with Boston for a ?x and flip construction project located at 2067 South Pearl Street located in the City and County of Denver, State of Colorado. 52. On or about June 20, 2016,_, in response to solicitations from Boston Via a Colorado Real Estate Broker, invested money with Boston for a ?x and flip construction project located at 2067 South Pearl Street located in the City and County of Denver, State of Colorado. 53. When Boston and/or ey solicited funds from potential investors Boston andfor Jey, directly and indirectly, unlawfully, feloniously, and willfully made untrue statements of material facts and omitted to state material facts necessary for the potential investors to make an informed decisions without being misled by Boston andr?or J?ey, speci?cally: a. That the investors were not the only investor providing gap ?mding, thus reducing the potential pro?t on the project; b. That despite claims by Boston and/or Jey, Boston, the developer, was putting money in the projects, and in fact Boston did not contribute any money towards the projects; 0. Boston did not tell the potential investors that he entered a plea of guilty to the charge of identity theft in case number in the Christian County Circuit Court in the State of Missouri on February 16th, 2007; d. Boston did not tell the potential investors that he had ?led for protection under Chapter 7 of the Bankruptcy Code on August 4, 2014 (14-20724). This case was dismissed on January 5, 2015 when Boston did not comply with court policy by failing to pay a ?ling fee installment. Prior to the dismissal of this case, on January 2, 2015, Boston and ?Mam ?led for protection under Chapter 13 of the Bankruptcy Code (15-10013). Boston and ?m moved to dismiss this case and the case was dismissed on February 11, 2015; c. On or about February 26, 2015, Boston and ?led for protection under Chapter 7 of the Bankruptcy Code (15-11756 TBM). This case was dismissed on June 25, 2015; f. Boston did not tell the potential investors that the projects they were solicited to invest in were located on high volume tra?ic streets with the front of the residences facing the busy street; g. Boston did not tell the potential investors that on the majority of the projects there were multiple investors; 23 h. Boston did not tell the potential investors that Boston was not a certi?ed and/or licensed General Contractor in the City and County of Denver; i. Boston did not tell potential investors that multiple ?x and ?ip projects that Boston was conducting, and was in sole ?nancial control over the properties, were in ?nancial distress; j. Boston did not tell potential investors that Boston had one or more properties soil for a loss, were sold at foreclosure, or were purchased by investors to stave off foreclosures; k. Boston did not tell the potential investors that Boston was using money from other investors for his personal use; 1. Boston did not tell the potential investors that Boston was fraudulently diverting funds that had been speci?ed for certain projects into accounts that Boston controlled; In. Boston did not tell the potential investors that Boston was not investing any personal -funds in any of the projects that Boston and Jey told the potential investors Boston was investing in the ?x and ?ip construction projects. 11. Had the investors known one or more of the above facts, the investors would not have invested their money with Boston and/or ley or any of his and/or their entities. 24 COUNT TWENTY-ONE THEFT - $100,000 - $1,000,000, C.R.S. (F3) Between and including, October 25, 2013 and April 26, 2016, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly, took a thing of value, namely: MONEY of - and with the value of one hundred thousand dollars or more but less than one million dollars; without authorization or by threat or deception, obtained, retained, or exercised control over; or knowing or believing it to have been stolen, received, posed of, a thing of value, namely: MONEY of loaned money by pawn or pledge on, or dis 3 and with the value erene t. hundred thousand dollars or more but less than one million dollars, and intended to de tiv? . and use or bene?t; in violation of section (F3) C.R.S. permanently of its The facts supporting Count 21 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. Between and including, September 25, 2013 and August 3, 2015, Boston solicited and subsequently received the below listed funds from the individual investors and one business entity. The invested money was to be used for the rehabilitation of speci?c ?x and ?ip construction projects located in the City and County of Denver, State of Colorado that the individual investors were associated with: September 25, 2013, 3358 Saint Paul Street $51,300.00 October 11, 773 Josephine Street $30,000.00 October 11, 2013, 773 Josephine Street $60,000.00 November 25, 2013,?? 1739 South Monaco Street $50,000.00 December 10, 2013,_ 5045 Eliot Street $60,000.00 December 30, 2011? 295 South Jasmine Street $60,000.00 April 23, 2014, 5045 Eliot Street $30,000.00 May 13, 2013, 773 Josephine Street $20,000.00 June 11, 2014,?? 3358 Saint Paul Street $17,000.00 June 15, 2014?- 3941 King Street $60,000.00 August 8, 2014, 295 South Jasmine Street $20,000.00 9-9 rats 25 I. August 26, 2014, 1739 South Monaco Street Parkway $12,000.00 111. July 31, 2015, 2067 South Pearl Street $24,000.00 n. August 3, 2015, 2067 South Pearl Street $35,000.00 3. Between and including September 25, 2013 and April 26, 2017, the individual investor?s funds became co-mingled with other investors? funds and deposits. 4. Between and including September 25, 2013 and April 26, 2016, Boston fraudulently moved/transferred money within these various accounts. Boston fraudulently used these accounts for his daily living expenses, including, but not limited to paying for food, merchandise at high end retail stores, clothing, cosmetics, mortgage payments, rent payments for personal residences, life insurance premium payments, automobile insurance payments, leisure activities, automobile payments, airline tickets, motel rooms, purchase automobiles, automobile rentals, automotive repair and maintenance costs, medical payments, veterinary care payments, and other personal expenses 5. Additionally some of the investor ?mds were not used on the speci?c project that the funds were intended for and/or where Boston told investors their funds would be utilized on. 6. Between and including September 25, 2013, and April 26, 2016, the ten aforementioned properties Boston purchased to ?x and ?ip were sold at a loss, or were foreclosed on by the hard money lenders resulting in the investors as listed above collectively sustaining a loss of over $100,000.00. 26 COUNT TWENTY-TWO THEFT $100,000 - $1,000,000, C.R.S. (F3) Between and including October 25, 2013 and April 26, 2016, at and triable in the City and Connty of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly, took a thing of value, namely: MONEY of with the value of one hundred thousand dollars or more but less than one million dollars; without authorization or by threat or deception, obtained, retained, or exercised control over; or knowing or believing it to have been stolen, received, loaned money by pawn or pledge on; or disposed of, a thing of value, namely: MONEY of with the value of one hundred thousand dollars or more but less than one million dollars, and intended to deprive permanently of its use or bene?t; in violation of section (F3) C.R.S. COUNT TWENTY-THREE IDENTITY THEFT, C.R.S. (F4) On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly used the personal identifying information, ?nancial identifying information, or ?nancial device of WZ USA GROUP, INC. without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a ?nancial payment; in violation Of section C.R.S. COUNT TWENTY-FOUR FORGERY OF A PUBLIC RECORD, C.R.S. (F5) <1001d> On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to defraud WZ USA GROUP, INC., unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a public record or an instrument, namely: ARTICLES OF ORGANIZATION, ?led, required by law to be ?led, or legally ?leable in or with COLORADO SECRETARY OF STATE, a public Of?ce or public servant; in violation of section C.R.S. COUNT TWENTY FIVE IDENTITY THEFT, C.R.S. (F4) On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly used the personal identifying information, ?nancial identifying information, or ?nancial device of WZ USA GROUP, INC. Without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a ?nancial payment; in violation of section C.R.S. 27 COUNT TWENTY-SIX FORGERY OF CHECKS OR COMMERCIAL INSTRUMENTS, C.R.S. 18-5-102(1) (F5) On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to defraud and WELLS FARGO BANK, unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument which document did or may have evidenced, created, transferred, terminated, or otherwise affected a legal right, interest, obligation, or status, namely: and WELLS FARGO BANK business checking account; in violation of section C.R.S. The facts supporting Counts 22 through 26 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. Between and including October 25, 2013 and September 23, 2014, Boston and Jey solicited -to invest money into ?ve ?x and ?ip construction projects located in the Denver Metro area. These ?x and ?ip projects included, 3029 York Street 150 Monaco Street Parkway 3941 King Street 1739 South Monaco Street Parkway all located within the City and County of Denver, State of Colorado. 3. Boston and Jey solicited - to invest in a ?x and ?ip property that Boston identified and called 5702 South Ouray Street in Denver, Colorado On or about January 23, 2014, Boston accompanied by Joy and- ?led a Deed of Trust with the Denver Clerk and Recorder?s Of?ce for a prOperty Boston listed as being in the City and County of Denver. This street address is non-existent. 5. Between and including October 25, 2013 and April 26, 2016, Boston maintained various business bank accounts and personal bank accounts at various banks in the State of Colorado, including, but not limited to, Colorado State Bank Trust, Academy Bank, Wells Fargo Bank, a Bank of The West, and Key Bank. Boston deposited funds from investors into the various accounts which were all controlled by Boston. 6. Speci?cally, on November 20, 2013, Boston went to Wells Fargo Bank located at 4165 East Wildcat Reserve Parkway, in Highlands Ranch, Colorado and met with bank of?cials and opened Wells Fargo Bank business checking account number ending in -, an account opened in the business name of WZ USA Group, LLC. 7. When Boston both registered the business entity name WZ USA Group, LLC with the Colorado Secretary of State and opened the business checking account at Wells Fargo Bank checking account in the name of WZ USA Group, LLC, Boston was aware that W2 USA Group, Inc. was owned by- 28 8. On or about December 18, 2013, Boston signed a Deed of Trust and a Note Secured By Deed of Trust in the amount of $78,000 wherein - invested $60,000.00 for a ?x and ?ip project located at 5702 South Ouray Street in the City of Denver, Colorado, a non-existent address. The address 5702 South Ouray Court is located in the City of Centennial, Colorado and was sold in October 2013 to a business entity not associated with either Boston or Jey. 9. On or about December 18, 2013, at the direction of Jey, wired $60,000.00 to Wells Fargo Bank account ending in -, the account of Assured Title Agency, LLC. 10. On or about December 19, 2013, Assured Title Agency, LLC wire transferred $58,500.00 to Wells Fargo Bank account number ending in - the account of WZ USA Group, LLC, at the direction of Elliott Boston 11. On or about January 23, 2014, Boston, accompanied by Jey and- ?led a deed of trust for 5702 South Ouray Street with the Clerk and Recorder?s Office in the City and County of Denver. 12. Between and including December 18, 2013 and August 5, 2014, these funds became co- mingled with deposits into the account. The funds were utilized for cash withdrawals, automated teller machine withdrawals, checks drawn on the account, and credit card purchases. 13. Boston opened the Wells Fargo Bank account in the business name of WZ USA Group LLC for the purpose of diverting funds belonging to W., a business entity registered with the California Secretary of State. -did not give Boston permission to use - companies? or entities? name. 14. Between and including October 25, 2013, and April 26, 2016, the four properties Boston purchased to ?x and ?ip, including 3029 York Street, 150 Monaco Street Parkway, 394] King Street, and 1739 South Monaco Street, were sold at a loss, or were foreclosed on by the hard money lenders, resulting in- sustaining a loss of over $100,000.00. This loss included the $60,000.00 loss - sustained as a result of i! investment in the real property Boston described as 5702 South Ouray Street, Denver, Colorado, a non-existent property. 29 COUNT TWENTY SEVEN THEFT - $100,000 - $1,000,000, C.R.S. (F3) Between and including October 25, 2013 and April 26, 2016, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly, took a thing of value, namely: MONEY 0F _With the value of one hundred thousand dollars or more but less than one million dollars; without authorization or by threat or deception, obtained, retained, or exercised control over; or knowing or believing it to have been stolen, received, loaned money by pawn or pledge on; or disposed of, a thing of value, namely: MONEY 0F with the value of one hundred thousand dollars or more but less than one million dollars, and intended to deprive permanently of its use or bene?t; in violation of section (F3) C.R.S. The facts supporting Count 27 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about May 19, 2016, Boston registered or caused to be registered with the Wyoming Secretary of State, Articles of Organization, for a limited liability company called 3001 Colorado Blvd, LLC, entity identi?cation number, 2016?0007152273. Boston listed the name and address of the registered agent as Incorp. Services, Inc. 1910 Thomes Avenue, Cheyenne, Wyoming and the mailing address as 9457 South University Boulevard #141, Highlands Ranch, Colorado. 3. On or about June 20, 2016, Boston and_ signed an eight page Promissory Note with that listed the borrower as 3001 Colorado Blvd, LLC in the amount of $484,185 .00 with a maturity date of December 19, 2016. The Promissory Note was for the purchase of and rehabilitation of a single family residence located at 3001 South Colorado Boulevard in the City and County of Denver, State of Colorado. The Promissory Note was subsequently amended to a maturity date of March 19, 2017. 4. On or about June 20, 2016, Boston signed a Payment Notice To Borrower letter with wherein the interest payments on the Promissory Note were listed as $6,052.31. 5. On or about June 20, 2016, Boston signed a four page Construction Funds Holdback Agreement with In the Agreement, Boston estimated the cost to complete the work (rehabilitation) to be $262,983.00 and the work was to be completed within ninety-one days after funding of the loan. 6. On or about June 20, 2016, Boston, signed a one page document titled Declaration of Occupancy Use of Funds and Purpose of Loan. By signing the document, Boston certi?ed certain items and conditions to the lender. These items and conditions included, but were not limited to: loan is a commercial loan for business purposes only, (b)borrower (Boston) understands and represents they are knowledgeable and comprehend the difference between a 30 consumer loan for personal purposes and a commercial loan for business purposes, and No part of the loan proceeds will be used for any personal, family or household purposes. 7. Boston provided with wire instructions wherein? was to wire transfer six construction draws. Boston directed that the construction draw ?mds be wired to Academy Bank, business checking account number ending in -, the account of Specialty Builders Design Plus, LLC. 8. Between and including June 29, 2016 and November 2, 2016, completed six wire transfers to Academy Bank account number ending in -, totaling $236,685.00. All of these funds were to be used speci?cally for the rehabilitation of the property located at 3001 South Colorado Boulevard, in Denver, Colorado. 9. An analysis of Academy Bank statements between and including June 29, 2016 and November 29, 2016 show that all six of the construction draws totaling $263,685.00 posted to Academy Bank account number ending in?. The balance of the account on November 30, 2016, was $229.45. 10. Between and including June 29, 2016 and November 29, 2016, Boston wrote checks drawn on the account, completed automated teller machine withdrawals, cash withdrawals, and check card point of sale purchases for personal use totaling at least $148,955.61. These unauthorized transaction resulted in sustaining a loss of at least $148,955.61. 11. Prior to April 26, 2016, initiated foreclosure proceedings against 3001 Colorado Blvd, LLC based on non-payment of required interest payments, and the rehabilitation not being completed by March 19, 2017. 31 COUNT TWENTY-EIGHT IDENTITY THEFT, C.R.S. (F4) On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly used the personal identifying information, ?nancial identifying information, or ?nancial device of FESA GROUP, INC. without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a ?nancial payment; in violation of section 18?5- 902(1)(a), C.R.S. COUNT TWENTY-NINE FORGE OF A PUBLIC RECORD, C.R.S. (F5) <1001d> On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to defraud FESA GROUP, INC., unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a public record or an instrument, namely: ARTICLES OF ORGANIZATION, ?led, required by law to be ?led, or legally ?leable in or with COLORADO SECRETARY OF STATE, a public of?ce or public servant; in violation of section C.R.S. gm IDENTITY THEFT, C.R.S. (F4) On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly used the personal identifying information, ?nancial identifying information, or ?nancial device of FESA GROUP, INC. without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a ?nancial payment; in violation of section 18-S- 902(1)(a), C.R.S. COUNT THIRTY-ONE FORGERY OF CHECKS OR COMMERCIAL INSTRUMENTS, C.R.S. 18-5-102(1) (F5) On or about November 20, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to de?aud and WELLS FARGO BANK, unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument which document did or may have evidenced, created, transferred, terminated, or otherwise affected a legal right, interest, obligation, or status, namely: and WELLS FARGO BANK business checking account; in violation of section C.R.S. 32 The facts supporting Counts 28 through 31 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about January 6, 2014, Boston, went to Wells Fargo Bank located at 4165 East Wildcat Reserve Parkwa in Highlands Ranch, Colorado and met with bank of?cials and opened Wells Fargo Bank business checking account number ending in an account Opened in the business name of Fesa Group, LLC. 3. When Boston registered the business entity name Fesa Group, LLC with the Colorado Secretary of State and opened the business checking account at Wells Fargo Bank in the name of Fesa Group, LLC, Boston was aware that Fesa Group, Inc. was owned by - and was legally registered with the State of Nevada Secretary of State?s O?ice. 4. -was unaware that Boston registered a business with the Colorado Secretary of State using a portion of -business name esa Group, Inc. and did not authorize or consent to Boston using -business name and/or register the business in the State of Colorado. 5. - was unaware that Boston opened a business checking account ending in - on January 6, 2014 at Wells Fargo Bank utilizing - business name Fesa Group and did not authorize or consent to Boston utilizing - business name to open Wells Fargo Bank business checking account ending in - 6. On or about December 30, 2013, Boston signed a Deed of Trust and a Note Secured By Deed of Trust in the amount of $75,000 wherein invested $55,000.00 for a ?x and ?ip project located at 295 South Jasmine Street in the City of Denver, Colorado. 7. On or about January 3, 2014 -1, at the direction of Jey, wired $55,000.00 to First Bank of Colorado account ending in 1825, the account of Land Title Guarantee Company. The ?mds were for the bene?t of Rocky Mountain Capital, LLC. 8. On or about January 6, 2014, Land Title Guarantee Company wire transferred $1,849.55 to Wells Fargo Bank account number ending in- the account of Fesa Group, LLC, at the direction of Boston. 9. Between and including January 10, 2014 and January 30, 2014, Boston completed four online transfers of funds from Wells Fargo Bank account ending in .-, the account of Fesa Group, LLC to Wells Fargo Bank account ending in -, the account of WZ USA Group, LLC, totaling $1,830.00. 10. On or about April 25, 2014, Boston deposited check number 10108 in the amount of $300.00, drawn on Bank of the West account number ending in the account of Rocky Mountain Capital, LLC into Wells Fargo Bank account number ending in I the account of Fesa Group, LLC. On or about April 25, 2014, Boston made a $200.00 Automated Teller Machine withdrawal from account number ending in -. 33 11. On or about April 30, 2014 Boston completed an online transfer in the amount of $300.00 into Wells Fargo Bank account ending in -from Wells Fargo Bank account number ending in -, the account of Solo Investments, LLC. 34 COUNT THIRTY-TWO THEFT - $20,000 - $100,000, C.R.S. (F4) Between and including October 25, 2013 and April 26, 2016, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON 1H unlawfully, feloniously, and knowingly, took a thing of value, namely: MONEY of with the value of one hundred thousand dollars or more but less than one million dollars; without authorization or by threat or deception, obtained, retained, or exercised control over; or knowing or believing it to have been stolen, received, loaned money by pawn or pledge on, or disposed of, a thing of value, namely: MONEY 01? with the value of one hundred thousand dollars or more but less than one million do lars, and intended to deprive? permanently of its use or bene?t; in violation of section C.R.S. COUNT THIRTY-THREE IDENTITY THEFT, C.R.S. (F4) On or about December 13, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly used the personal identifying information, ?nancial identifying information, or ?nancial device of SOLO INVESTMENTS, INC. without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a ?nancial payment; in violation of section C.R.S. COUNT THIRTY-F OUR FORGERY OF A PUBLIC RECORD, C.R.S. (F5) <1001d> On or about December 13, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to defraud SOLO INVESTMENTS, INC., unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a public record or an instrument, namely: ARTICLES OF ORGANIZATION, ?led, required by law to be ?led, or legally ?leable in or with COLORADO SECRETARY OF STATE, a public of?ce or public servant; in violation of section C.R.S. COUNT IDENTITY THEFT, C.R.S. (F4) On or about December 13, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly used the personal identifying information, ?nancial identifying information, or fmancial device of SOLO INVESTMENTS, INC. without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a ?nancial payment; in violation of section C.R.S. 35 COUNT THIRTY-SIX FORGERY OF CHECKS OR COMMERCIAL INSTRUMENTS, C.R.S. 18-5-1020) (0) (F5) On or about December 13, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to defraud and WELLS FARGO BANK, unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument which document did or may have evidenced, created, transferred, terminated, or otherwise affected a legal right, interest, obligation, or status, namely: and WELLS FARGO BANK business checking account; in violation of section 18-5-1 02(1 C.R.S. The facts supporting Counts 32 through 36 are as follows: I. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about December 13, 2013, Boston went to Wells Fargo Bank located at 4165 East Wildcat Reserve Parkway, in Highlands Ranch, Colorado and met with bank of?cials and opened Wells Fargo Bank business checking account number ending in -, an account opened in the business checking account in the name of Solo Investments, LLC. 3. When Boston registered the business entity name Solo Investments, LLC with the Colorado Secretary of State and opened the business checking account at Wells Fargo Bank in the name of Solo Investments, LLC, Boston was aware that Solo Investments, Inc. was owned by -and was legally registered with the State of Nevada Secretary of State?s Of?ce. 4. -was unaware that Boston registered a business with the Colorado Secretary of State using a portion of business name Solo Investments, Inc. and did not authorize or consent to Boston using Ibusiness name and/or register the business in the State of Colorado. 5. - was unaware that Boston opened business checking account ending in on December 13, 2013 at Wells Fargo Bank utilizing I business name, Solo Investments, and did not authorize or consent to Boston utilizing - business name to open the Wells Fargo Bank business checking account. 6. On or about December 10, 2013, Boston signed a Deed of Trust and a Note Secured By Deed of Trust in the amount of $80,000 wherein? invested $60,000.00 for a ?x and ?ip project located at 5045 Eliot Street in the city of Denver, Colorado. The Deed of Trust and the Note Secured By Deed of Trust listed the borrower as being Rocky Mountain Capital, LLC. 7. The entire amount, $60,000.00, was to be used speci?cally for the rehabilitation of the ?x and ?ip construction project located at 5045 Eliot Street, Denver, Colorado 36 8. at the direction of Jey, wired $60,000.00 to Chicago Title of Colorado. The funds were for the bene?t of Rocky Mountain Capital, LLC. 9. On or about December 16, 2013, Chicago Title of Colorado, Inc., wire transferred $60,000.00 to Wells Fargo Bank account number ending in -, the account of Solo Investments, LLC, at the direction of Boston. 10. Between and including December 16, 2013 and December 31, 2013, Boston completed six transactions from Wells Fargo Bank account number ending in the account of Solo Investments, LLC completed the following transactions: 12-16-13, $55,383.48 wire transfer to Fidelity National title Company, (b)12-17-l3, $2,000.00 Online wire transfer to WFB account - WZ USA Group, 2,500.00 Temporary check payable to Online wire transfer to WFB account 1- W2 USA Group, $40.00 Check card Purchase ITUNES, and (012-31-13, $3,500.00 Temporary check payable to (150 Monaco). 11. As a result of these six transactions completed by Boston, none of which were for the bene?t of or the rehabilitation of 5045 Eliot Street,?- sustained a loss of $60,000.00. 12. On or about January 1, 2014, Boston completed an online transfer in the amount of $3,600.00 into Wells Fargo Bank account ending in- the account of Solo Investments LLC, from Wells Fargo Bank account ending in- the account of RLL Homes, LLC. 13. On or about March 31, 2014, Boston, deposited $12,000.00 in cash into Wells Fargo Bank account ending in - and then completed two additional transactions: (a)12-31-14, $2,565.00 cash withdrawal and 12-31-14, $4,000.00 cash withdrawal. 37 COUNT THIRTY-SEVEN IDENTITY THEFT, C.R.S. (F4) <13o7o> On or about June 16, 2014, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON Luilawfully, feloniously, and knowingly used the personal identifying information, ?nancial identifying information, or ?nancial device of without permission or law?il authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a ?nancial payment; in violation of section C.R.S. COUNT THIRTY-EIGHT FORGERY OF A PUBLIC RECORD, C.R.S. (F5) <100-1d> On or about December 13, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to defraud COLORADO SECRETARY OF STATE, unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a public record or an instrument, namely: ARTICLES OF ORGANIZATION, ?led, required by law to be ?led, or legally ?leable in or with COLORADO SECRETARY OF STATE, a public of?ce or public servant; in violation of section C.R.S. The facts supporting Counts 37 and 38 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. When Boston registered ANMB Real Estate Investment Trust, LLC with the Colorado Secretary of State, Boston listed as the person who formed the limited liability company. Boston listed'? address as Alexandria, Virginia -. 3. When Boston registered the business entity name ANMB Real Estate Investment Trust, LLC with the Colorado Secretary of State, Boston knew that? was an actual person who was a resident of the State of Virginia. Boston was also in possession of name and home address, Alexandria, Virginia- 4. was unaware that Boston registered a business with the Colorado Secretary of State using name and home address. Further, did not grant Boston permission nor did . grant Boston authorization to use- name and personal address to register the business ANMB Real Estate Investment Trust, LLC in the State of Colorado. 38 COUNT THIRTY-NINE IDENTITY THEFT - POSSESSION To USE TO APPLY FOR CREDIT, C.R.S. (F4) Between and including October 31, 2016 and November 4, 2016, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON unlawfully, feloniously, and knowingly possessed the personal identifying information or ?nancial identifying information of without permission or lawful authority, to use in applying for or completing an application for a ?nancial device or other extension of credit; in violation of section C.R.S. FORGERY OF CHECKS OR COMMERCIAL INSTRUMENTS, C.R.S. 18-5-1020) (0) (F5) On or about December 13, 2013, at and triable in the City and County of Denver, State of Colorado, ELLIOTT BOSTON with the intent to defraud ?and BANK OF AMERICA, unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument which document did or may have evidenced, created, transferred, terminated, or otherwise affected a legal right, interest, obligation, or status, namely: and BANK OF AMERICA, CREDIT in violation of section C.R.S. The facts supporting Counts 39 and 40 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about October 31, 2016, at or about 3:26 pm. Central Standard Time, using assigned Internet Protocol Number Boston completed an online application with Bank of America application number - to apply for a Bank of America Credit Card in the name of 3. When Boston completed the Bank of America online credit card application Boston used the name - date of birth, I social security number, . current telephone number, previous residential address of in Raymore, Missouri, and email address . 0n the application Boston listed occupation as an executive making over $60,000.00 per year. - reported that Bank of America records indicate that the credit card had been sent to in Raymore, Missouri. 4. -never applied for, used, or authorized Boston, or anyone, to apply for and use. name to acquire email address 39 5. Boston was previously married to- and had knowledge of and possession of _date of birth, social security number, andUprior residence address of Raymore, Missouri. Boston also used current telephone number. 6. On or about October 31, 2016, - received a telephone call from LifeLock in reference to an attempt to obtain a credit card in- name from a company called This attempt was blocked by LifeLock at_ request. On or about November 4, 2014, also via LifeLock, became aware of[. former husband, Boston, having used - name and personal information to apply online for a Bank of America Credit Card in. name. 7. reported that a Bank of America o?icial reported to. that the internet service provider associated with the application was from COMCAST. 8. Christian County Missouri District Attorney?s Of?ce obtained a subpoena for the records from COMCAST associate with internet protocol number The subpoenaed records from COMCAST included the following information: Subscriber Name: ELLIOTT BOSTON Service Address: 13666 OMEGA CIR, LITTLETON, CO 80124 Billing Address: 9457 UNIVERSITY BLVD 141, HIGHLANDS RANCH, CO 80126 Telephone Type of Service: High Speed Internet Service Account Number: 8497202241 06941 3 Account Status: Active IP Assignment: Dynamically Assigned IP Address History: See attached for 12/01/2016 to 12/31/2016 E-mail User Ids: Bostonelliott(the above user end in @comcast.net). 9 On or about November 3, 2016, Boston paid COMCAST $167.16, via recurring payment from Academy Bank account number the account of Specialty Builders Design Plus, a company owned and controlled by Boston. 40