(?atten ?tate? ?iStritt QEnurt FOR THE NORTHERN DISTRICT OF CALIFORNIA a? ?(bk 0.4} VENUE: SAN FRANCISCO 6249,, 9/ A) 449? ?so, UNITED STATES OF AMERICA. v. DONNELL ARTIS, THURMAN GAITHER ANTONIO OLIVER. STERLING HOLMES, DAVONNE YOUNG, AND ASKARI AQUIL MOHAMMED, SUPERSEDING INDICTMENT 18 U.S.C. in Possession of a Firearm; 18 U.S.C. to Commit Access Device Fraud; 18 U.S.C. Statement During Acquisition of a Firearm; 18 U.S.C. Device Fraud; 18 U.S.C. 1028-Aggravated Identity Theft; 21 U.S.C. 841(b)(1) with Intent to Distribute 28 Grams or more Cocaine Base; 21 U.S.C. with Intent to Distribute A Quantity of Cocaine A true bill. 9? Foreman Filed In open court this 621-2.. day of Clerk ?IMJ?k/wwb ?3 EWI Enqui?o 1mm GAIN ., A0 257 (Rev 6/78) DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN (9 S. DIST COURT CFCOMPLAINT INFORMATION INDICTMENT SUPERSEDING OFFENSE CHARGED COUNT ONE: 18 u.s.c. 922(g)(1) Petty COUNT TWO: 18 u.s.c. 1029(b)(2) 18 u.s.c. 922(a)(6) Minor COUNT FOUR: 18 u.s.c. 1028A(a)(1) Mime Forfeiture pursuant to 18 u.s.c. mean? Felony PENALTY: See Attached. Name of DistrictQurt. and/od?ge/Mag@ Location NORTHERN NIA SAN F?ar?ispp DIVISION ?/0153; DEFENDANT - u.s 0 c" 4f 004, DONNELL ARTIS DISTRICT COURT NUMBER 16-CR-0477 VC DEFENDANT PROCEEDING Name of Complaintant Agency, or Person Title, if any) HSI person is awaiting trial in another Federal or State Court, give name of court this person/proceeding is transferred from another district CI per (circle one) 20, 21, or 40. Show District this is a reprosecution of charges previously dismissed which were dismissed on motion SHOW of: DOCKET NO. El U.S. ATTORNEY DEFENSE this prosecution relates to a pending case involving this same defendant MAGISTRATE prior proceedings or appearance(s) before US. Magistrate regarding this defendant were recorded under CASE NO. Name and Of?ce of Person Furnishing Information on this form BRIAN J. STRETCH US. Attorney Other US. Agency Name of Assistant US. Attorney (if assigned) SHAILIKA S. KOTIYA PROCESS: SUMMONS NO WARRANT If Summons, complete following: Arraignment Initial Appearance Defendant Address: Comments: ADDITIONAL INFORMATION OR COMMENTS Date/Time: IS NOTIN CUSTODY Has not been arrested. pending outcome this proceeding 1) El If not detained give date any prior summons was served on above charges 2) Is a Fugitive 3) Is on Bail or Release from (show District) IS IN CUSTODY 4) On this charge 5) On another conviction Federal State 6) Awaiting trial on other charges If answer to (6) is "Yes", show name of institution Has detainer Yes If. Yes gIve date 9 been ?led. No ?led DATE OF Month/Daleear ARREST if Arresting Agency Warrant were not DATE TRANSFERRED Month/Day/Year TO US. CUSTODY This report amends A0 257 previously submitted Bail Amount: Where defendant previously apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment Before Judge: Offenses Charged Count One Count Two Count Three Count Four Attachment to Penalty Sheet 2/0 ,zx United States v. Donnell Artis 66? {i 0 CR 16?0477 vc ?25? 2/ Superseding Indictment 03"? ?0 7 l8 U.S.C. 922(g)(1)? Felon in Possession of a Firearm 18 U.S.C. 1029(b)(2) Conspiracy to Commit Access Device Fraud 18 U.S.C. 922(a)(6) False Statement During Acquisition of a Firearm 18 U.S.C. 1028A(a)(1) Aggravated Identity Theft Maximum Penalties Count One Count Two Count Three Count Four 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment. 5 years? imprisonment; $250,000 ?ne; 3 years? of supervised release; $100 mandatory special assessment; forfeiture; restitution. 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment. 2 years? mandatory imprisonment consecutive to any other term of imprisonment imposed; $250,000 ?ne; 1 year supervised release; $100 mandatory special assessment. I. #3 A0 257 (Rev. 6/78) DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U. S. COURT NORTHERN DISTng?ge??: CAI3 NIA OFFENSE CHARGED I 9 DIVISION COUNT ONE: 18 U.S.C. 922(g)(1) Petty COUNTTWO: 18U.S.C. 1029(b)(2) ?Ibo/0(3- 53,. I5: COUNT FIVE: 18 1029(a)(2) Mmor DEFENDANT- U. 8 13f $2775 i4; COUNT 5m: 18 U.S.C. 1028A(a)(1) f6. Misde- C4 00?? Forfeiture pursuant to is usc. mean? . THURMAN GAITHER, 7' DISTRICT COURT NUMBER PENALTY: See Attached. I 6-CR-0477 VC ?1 DEFENDANT PROCEEDING IS NOTIN CUSTODY Name of Complaintant Agency. or Person Title. if any) HSI 1) If not detained give date any prior summons was served on above charges El give name of court person is awaiting trial in another Federal or State Court, 2) Is a Fugitive 3) Is on Bail or Release from (show District) per (circle one) 20, 21, or 40. Show District this person/proceeding is transferred from another district Has not been arrested, pending outcome this proceeding. IS IN CUSTODY this is a reprosecution of charges previously dismissed Name and Of?ce of Person Furnishing Information on this form BRIAN J. STRETCH 4) On this charge 5) On another conviction '3 which were dismissed on motion SHOW Federal State of. DOCKET NO. 6) Awaiting trial on other charges U.S. ATTORNEY DEFENSE If answer to (6) is "Yes", show name of institution this prosecution relates to a .. .. pending case involving this same Has detainer Yes givzedsate defendant MAGISTRATE been ?led? NO CASE NO med prior proceedings or appearance(s) DATE . Month/ Day/Y ear before U.S. Magistrate regarding this ARREST defendant were recorded under if Arresting Agency Warrant were not DATE TRANSFERRED Month/Daleear TO U.S. CUSTODY EUS. Attorney Other U.S. Agency Name of Assistant U.S. Attorney (if assigned) SHAILIKA S. KOTIYA This report amends A0 257 previously submitted PROCESS: if Summons, complete following: Arraignment Initial Appearance Defendant Address: ADDITIONAL INFORMATION OR COMMENTS SUMMONS NO WARRANT Bail Amount: NO BAIL Where defendant previously apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment Date/Time: Before Judge: Comments: Offenses Charged Count One Count Two Count Five Count Six Attachment to Penalty Sheet United States v. Thurman Gaither, CR 16-0477 VC Superseding Indictment 18 U.S.C. 922(g)(1) Felon in Possession of a Firearm 18 U.S.C. 1029(b)(2) Conspiracy to Commit Access Device Fraud 18 U.S.C. 1029(a)(2) Access Device Fraud 18 U.S.C. 1028A(a)(1) Aggravated Identity Theft Maximum Penalties Count One Count Two Count Five Count Six 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment. 5 years? imprisonment; $250,000 ?ne; 3 years? of supervised release; $100 mandatory special assessment; forfeiture; restitution. 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment; forfeiture; restitution. 2 years? mandatory imprisonment consecutive to any other term of imprisonment imposed; $250,000 ?ne; 1 year supervised release; $100 mandatory special assessment. A0 257 (Rev. 6/78) DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - DISTRICT COURT BY: El COMPLAINT CI INFORMATION INDICTMENT I SUPERSEDING CHARGED COUNT ONE: 18 U.S.C. 922(g)(1) El Petty COUNT TWO: 18 1029(b)(2) . COUNT SEVEN: 13 use 1029(a)(2) CI M'm' COUNT EIGHT: 18 U.S.C. 1028A(a)(1) Misde_ Forfeiture pursuant to 18 U.S.C. mean? Felony PENALTY: See Attached. $23 A Name of District Judg?gistrate Location NO R?d?gngbI?DIS OF CALIFORNIA ?$sz DEFENDANT - U.S ANTONIO OLIVER DISTRICT COURT NUMBER VC DEFENDANT PROCEEDING Name of Complaintant Agency, or Person Title, if any) HSI person is awaiting trial in another Federal or State Court. CI give name of court this person/proceeding is transferred from another district per (circle one) 20, 21. or 40. Show District this is a reprosecution of charges previously dismissed which were dismissed on motion SHOW of; DOCKET NO. US. ATTORNEY [j DEFENSE this prosecution relates to a pending case involving this same defendant MAGISTRATE CASE NO. Name and Of?ce of Person Furnishing Information on this form BRIAN J. STRETCH prior proceedings or appearance(s) El before US. Magistrate regarding this defendant were recorded under EUS. Attorney Other US. Agency Name of Assistant US. Attorney (if assigned) SHAILIKA S. KOTIYA IS NOTIN CUSTODY Has not been arrested pending outcome this proceeding. 1) If not detained give date any prior summons was served on above charges 2) El Is a Fugitive 3) El Is on Bail or Release from (show District) IS IN CUSTODY 4) On this charge 5) On another conviction Federal State 6) Awaiting trial on other charges If answer to (6) is "Yes". show name of institution If "Yes" give date ?led Month/Day/Year Has detainer Yes been ?led? No DATE OF . ARREST if Arresting Agency Warrant were not DATE TRANSFERRED Month/Dale ear TO U.S. CUSTODY PROCESS: SUMMONS NO WARRANT If Summons, complete following: Arraignment Initial Appearance Defendant Address: Comments: ADDITIONAL INFORMATION OR COMMENTS Date/Time: This report amends A0 257 previously submitted Bail Amount: Where defendant previously apprehended on complaint, no new Summons or warrant needed, since Magistrate has scheduled arraignment Before Judge: Attachment to Penalty Sheet United States v. Antonio Oliver CR 16-0477 VC Superseding Indictment Offenses Charged Count One 18 U.S.C. 922(g)(1) Felon in Possession of a Firearm Count Two 18 U.S.C. 1029(b)(2) Conspiracy to Commit Access Device Fraud Count Seven 18 U.S.C. 1029(a)(2) Access Device Fraud Count Eight 18 U.S.C. 1028A(a)(1) Aggravated Identity Theft Maximum Penalties Count One 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment. Count Two 5 years? imprisonment; $250,000 ?ne; 3 years? of supervised release; $100 mandatory Special assessment; forfeiture; restitution. Count Seven 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment; forfeiture; restitution. Count Eight 2 years? mandatory imprisonment consecutive to any other term of imprisonment imposed; $250,000 ?ne; 1 year supervised release; $100 mandatory special assessment. a A0 257 (Rev. 6/78) DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN US. DISTRICT COURT . BY: El COMPLAINT CI INFORMATION El INDICTMENT SUPERSEDING OFFENSE CHARGED COUNT ONE: 18 u.s.c. 922(g)(1) Petty COUNT TWO: 18 u.s.c. 1029(b)(2) . COUNT NINE: 18 U.S.C. 1029(a)(2) MW COUNT TEN: 18 u.s.c. 1028A(a)(1) Misde_ Forfeiture pursuant to 18 u.s.c. mean? Felony PENALTY: See Attached. Name of Distri??z urt, and/?f?ugge/ agistrate Location NORTHERN {571' ICTQO ALIFORNIA 4'0 13:17,? J. (g . [be v?f DEFENDANT u.s g?ift?f?l?? 1 I 0 6 . STERLING HOLMES 4. 044?;- DISTRICT COURT NUMBER 16-CR-0477 VC DEFENDANT PROCEEDING Name of Complaintant Agency. or Person Title, if any) HSI CI person is awaiting trial in another Federal or State Court, give name of court this person/proceeding is transferred from another district El per (circle one) 20, 21, or 40. Show District this is a reprosecution of charges previously dismissed which were dismissed on motion SHOW of: DOCKET NO. U.S. ATTORNEY [j DEFENSE this prosecution relates to a pending case involving this same defendant MAGISTRATE I prior proceedings or appearance(s) before U.S. Magistrate regarding this defendant were recorded under CASE NO. Name and Of?ce of Person Furnishing lnforrnation on this form BRIAN J. STRETCH U.S. Attorney Other U.S. Agency Name of Assistant U.S. Attorney (if assigned) SHAILIKA S. KOTIYA PROCESS: SUMMONS NO El WARRANT If Summons. complete following: Arraignment Initial Appearance Defendant Address: Comments: IS NOTIN CUSTODY Has not been arrested, pending outcome this proceeding. 1) If not detained give date any prior summons was served on above charges . 2) Is a Fugitive 3) Is on Bail or Release from (show District) N.D. CAL. IS IN CUSTODY 4) On this charge 5) On another conviction Federal State 6) Awaiting trial on other charges If answer to (6) is "Yes". show name of institution Has detainer Yes gilt-film been ?led? CI No ?l ed DATE OF . Month/Day/Year ARREST if Arresting Agency Warrant were not . DATE TRANSFERRED Montthay/Year TO U.S. CUSTODY ADDITIONAL INFORMATION OR COMMENTS Date/Time: This report amends A0 257 previously submitted Bail Amount: Where defendant previously apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment Before Judge: Offenses Charged Count One Count Two Count Nine Count Ten Attachment to Penalty Sheet United States v. Sterling Holmes CR 16-0477 VC Superseding Indictment 18 U.S.C. 922(g)(1) Felon in Possession of a Firearm 18 U.S.C. 1029(b)(2) Conspiracy to Commit Access Device Fraud 18 U.S.C. 1029(a)(2) Access Device Fraud 18 U.S.C. 1028A(a)(1) Aggravated Identity Theft Maximum Penalties Count One Count Two Count Nine Count Ten 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment. 5 years? imprisonment; $250,000 ?ne; 3 years? of supervised release; $100 mandatory special assessment; forfeiture; restitution. 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment; forfeiture; restitution. 2 years? mandatory imprisonment consecutive to any other term of imprisomnent imposed; $250,000 ?ne; 1 year supervised release; $100 mandatory special assessment. 9 to A0 257 (Rev. 6/78) BY: CI INFORMATION CI INDICTMENT SUPERSEDING DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT CHARGED COUNT ONE: 18 U.S.C. 922(g)(1) [1 Petty TWO: 18 COUNT ELEVEN: 18 usc. 1029(a)(2) Minor COUNT TWELVE: 18 us.c.? 1028A(a)(1) MIsde- Forfeiture pursuant to 18 usc. mean? Felony PENALTY: See Attached. 3" 1. Name of District Court. and/or tion I i: NORTHERN DISTRIC a 5 SAN A REE ?v 3.: 3.. 4?9 ??91$9tsm lg "it" {23,0 0 0/ a . DAVONEYOUNG F614 600% . DISTRICT COURT NUMBER VC DEFENDANT PROCEEDING Name of Complaintant Agency, or Person Title, if any) HSI person is awaiting trial in another Federal or State Court. 9 ive name of court this person/proceeding is transferred from another district CI per (circle one) 20, 21. or 40. Show District this is a reprosecution of charges previously dismissed which were dismissed on motion SHOW of: DOCKET NO. U.S. ATTORNEY DEFENSE this prosecution relates to a pending case involving this same defendant MAGISTRATE prior proceedings or appearance(s) before U.S. Magistrate regarding this defendant were recorded under CASE NO. Name and Of?ce of Person Furnishing Information on this form BRIAN J. STRETCH U.S. Attorney Other U.S. Agency Name of Assistant U.S. Attorney (if assigned) SHAILIKA S. KOTIYA SUMMONS NO WARRANT If Summons, complete following: Arraignment Initial Appearance Defendant Address: Comments: DatefTime: IS NOTIN CUSTODY Has not been arrested. pending outcome this proceeding. 1) If not detained give date any prior summons was served on above charges 2) Is a Fugitive 3) Is on Bail or Release from (show District) N.D. Cal. IS IN CUSTODY 4) On this charge 5) On another conviction Federal State 6) [j Awaiting trial on other charges If answer to (6) is "Yes". show name Of institution Has detainer Yes Inge-fate been ?led? NO ?led DATE OF Month/Day/Year ARREST if Arresting Agency Warrant were not DATE TRANSFERRED Month/Daleear TO U.S. CUSTODY This report amends A0 257 previously submitted ADDITIONAL INFORMATION OR COMMENTS 7 Bail Amount: Where defendant previously apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment Before Judge: Attachment to Penalty Sheet United States v. Davone Young CR 16-0477 VC Superseding Indictment Offenses Charged Count One 18 U.S.C. 922(g)(1) - Felon in Possession of a Firearm Count Two 18 U.S.C. 1029(b)(2) Conspiracy to Commit Access Device Fraud Count Eleven 18 U.S.C. 1029(a)(2) Access Device Fraud Count Twelve 18 U.S.C. 1028A(a)(1) Aggravated Identity Theft Maximum Penalties Count One 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment. Count Two 5 years? imprisonment; $250,000 ?ne; 3 years? of supervised release; $100 mandatory special assessment; forfeiture; restitution. Count Eleven 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment; forfeiture; restitution. Count Twelve 2 years? mandatory imprisonment consecutive to any other term of imprisonment imposed; $250,000 ?ne; 1 year supervised release; $100 mandatory special assessment. v.4. A0 257 (Rev. 6/78) DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT BY: El INFORMATION INDICTMENT SUPERSEDING CHARGED COUNT TWO: 18U.S.C. 1029(b)(2) Petty COUNTTHIRTEEN: 13 . COUNT FOURTEEN: 18 usc. 1028A(a)(1) Mlnor COUNT 21 841 . COUNT SIXTEEN: 21 U.S.C. 5 341 El M'Sde? Forfeiture pursuant to 18 U.S.C. mean? Felony PENALTY: See Attached. Name of District Court ,?ndba JuggelMagistrate Location OISTRIOTOEEALIFORNIA SAN DIVISION ?if? N3 [8 Sf, 5?16 I AQUIL Ca 000 Um t_ DEFENDANT DISTRICT COURT NUMBER VC DEFENDANT PROCEEDING Name of Complaintant Agency. or Person Title. if any) HSI person is awaiting trial in another Federal or State Court, give name of court this person/proceeding is transferred from another district El per (circle one) 20, 21, or 40. Show District this is a reprosecution of charges previously dismissed I: which were dismissed on motion SHOW of: DOCKET NO. U.S. ATTORNEY DEFENSE this prosecution relates to a pending case involving this same defendant MAGISTRATE prior proceedings or appearance(s) before U.S. Magistrate regarding this defendant were recorded under CASE NO. Name and Of?ce of Person Furnishing lnforrnation on this form BRIAN J. STRETCH EUS. Attorney [1 Other U.S. Agency Name of Assistant U.S. Attorney (if assigned) SHAILIKA S. KOTIYA IS NOTIN CUSTODY Has not been arrested. pending outcome this proceeding. 1) If not detained give date any prior summons was served on above charges 2) Is a Fugitive 3) Is on Ball or Release from (show District) IS IN CUSTODY 4) On this charge 5) On another conviction Federal State 6) Awaiting trial on other charges If answer to (6) is "Yes", show name of institution Placer County Has detainer Yes If Yes gIve date been ?led? No ?led DATE OF Montthay/Year ARREST 04/1 4/ 201 6 ifArresting Agency Warrant were not DATE TRANSFERRED Month/Day/Y ear TO U.S. CUSTODY PROCESS: SUMMONS NO WARRANT If Summons. complete following: Arraignment Initial Appearance Defendant Address: Comments: ADDITIONAL INFORMATION OR COMMENTS Date/1' ime: This report amends A0 257 previously submitted Bail Amount: Where defendant previously apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment Before Judge: Offenses Charged Count Two Count Thirteen Count Fourteen Count Fi?een Count Sixteen Attachment to Penalty Sheet United States v. Askarz' Aquil Mohammed CR 16-0477 VC Superseding Indictment 18 U.S.C. 1029(b)(2) Conspiracy to Commit Access Device Fraud 18 U.S.C. 1029(a)(2) Access Device Fraud 18 U.S.C. 1028A(a)(1) Aggravated Identity Theft 21 U.S.C. Possession with the Intent to Distribute 28 Grams or More of Cocaine Base 21 U.S.C. 841(b)(1)(C) Possession with the Intent to Distribute a Quantity of Cocaine Maximum Penalties Count Two Count Thirteen Count Fourteen Count Fifteen Count Sixteen 5 years? imprisonment; $250,000 ?ne; 3 years? of supervised release; $100 mandatory special assessment; forfeiture; restitution. 10 years? imprisonment; $250,000 ?ne; 3 years? supervised release; $100 mandatory special assessment; forfeiture; restitution. 2 years? mandatory imprisonment consecutive to any other term of imprisonment imposed; $250,000 ?ne; 1 year supervised release; $100 mandatory special assessment. Mandatory minimum term of 5 years? imprisonment, maximum term of 40 years? imprisonment; $5,000,000 ?ne; Minimum term of 4 years? supervised release, maximum term of lifetime supervised release; $100 mandatory special assessment; forfeiture. 20 years? imprisonment; $250,000 ?ne; 3 years? of supervised release; $100 mandatory special assessment; forfeiture. BRIAN J. STRETCH (CABN 163973) ii 1 1f 1 ,3 United States Attorney r50 is 0 2/ I ., (E?gz9?f1.3206, 5? 3 I {1.771 734/6500 Cl 44, :93 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, CASE NO. CR 16-0477 VC Plaintiff, 18 922(g)(1) Felon in Possession of a v. Firearm; 18 U.S.C. 1029(b)(2) Conspiracy to Commit DONNELL ARTIS, Access Device Fraud; THURMAN GAITHER 18 U.S.C. 922(a)(6) False Statement During ANTONIO OLIVER, Acquisition of a Firearm; STERLING HOLMES, 18 U.S.C. 1029(a)(2) Access Device Fraud; DAVONE YOUNG, and 18 U.S.C. 1028A(a)(1) Aggravated Identity Theft; ASKARI AQUIL MOHAMMED, 21 U.S.C. Possession with the a/k/a ?Chanta Hopkins,? Intent to Distribute 28 Grams or More of Cocaine Base; Defendants. 21 U.S.C. 841(b)(1)(C) Possession with the Intent to Distribute a Quantity of Cocaine; 18 U.S.C. 982(a)(2)(B) and 1029(c)(1)(C) Access Device Fraud Forfeiture; 21 U.S.C. 853 28 U.S.C. 2461 Criminal Forfeiture 1 SAN FRANCISCO VENUE SUPERSEDING INDICTMENT The Grand Jury charges: COUNT ONE: (18 U.S.C. 922(g)(1) Felon in Possession of a Firearm) 1. On or about March 26, 2016, in the Northern District of California, the defendants, SUPERSEDING IN DICTMENT DONNELL ARTIS, THURMAN GAITHER ANTONIO OLIVER, STERLING HOLMES, and DAVONE YOUNG, each having been previously convicted of a crime punishable by a term of imprisonment exceeding one year, did knowingly possess ?rearms, speci?cally, 3 Glock Model 26 bearing serial number a Glock Model 36 bearing serial number a Glock Model 30 bearing serial number a Glock Model 22 bearing serial number and a Spring?eld Model XD bearing serial number XD3 52789, in and affecting interstate and foreign commerce, in violation of Title 18, United States Code, Section 922(g)(1). COUNT TWO: (18 U.S.C. ?1029(b)(2) Conspiracy to Commit Access Device Fraud) 2. Beginning on a date unknown to the grand jury and continuing to on or about April 11, 2016, in the Northern District of California and elsewhere, the defendants, DONNELL ARTIS, THURMAN GAITHER ANTONIO OLIVER, STERLING HOLMES, DAVONE YOUNG, and ASKARI AQUIL MOHAMMED, together with others known and unknown to the, grand jury did conspire and agree to knowingly and with intent to defraud, produce, use, and traf?c in one or more counterfeit access devices, in a manner affecting interstate commerce, in violation of Title 18, United States Code, Section 1029(a)(2). 3. In furtherance of the conspiracy, and to effect the objects thereof, the defendants engaged in the following conduct in the Northern District of California and elsewhere: a. On or about April 2, 2016, ARTIS used a counterfeit credit card bearing an account number ending in 7083 to make a purchase for $1,831.42 at the Kay Jewelers in San Diego, California. b. On or about February 18, 2016, GAITHER used a counterfeit credit card bearing an account number ending in 1867 to make a purchase of $1,756.42 and a second purchase of $1,756.42 at Barneys New York in San Francisco, California. SUPERSEDING INDICTMENT #035about February 18, 2016, OLIVER used a counterfeit credit card bearing an account number ending in 2361 to make a purchase of $2,338.24 and a purchase of $1,397.53 at Barneys New York in San Francisco, California. d. On or about February 18, 2016, HOLMES used a counterfeit credit card bearing an account number ending in 8945 to make a purchase of $1,576.00 and a purchase of $1 ,468.14 at Barneys New York in San Francisco, California. e. On or about February 18, 2016, YOUNG used a counterfeit credit card bearing an account number ending in 9396 to make a purchase of $2,055.49 and a purchase of $864.57 at Barneys New York in San Francisco, California. f. On or about March 31, 2016, MOHAMMED used a counterfeit credit card bearing an account number ending in 0637 to make a purchase of $1 ,468.22 at Burberry in San Francisco, California. g. On or about April 11, 2016, MOHAMMED possessed device-making equipment; to wit, an embosser, a printer, foil spools, printer card feeders, various printer ribbons, blank credit cards, and holograms used to make access devices. All in violation of Title 18, United States Code, Section 1029(b)(2)). COUNT THREE: (18 U.S.C. 922(a)(6) False Statement During Acquisition of a Firearm) 4. On or about March 26, 2016, in the Northern District of California, the defendant, DONNELL ARTIS, in connection with the acquisition of ?rearms, namely, a Glock Model 26 bearing serial number a Glock Model 36 bearing serial number a Glock Model 30 bearing serial number a Glock Model 22 bearing serial number and a Spring?eld Model XD bearing serial number XD352789, from the Jackson Arms Shooting Range and Gun Shop in South San Francisco, California, a licensed dealer of ?rearms within the meaning of Chapter 44, Title 18, United States Code, did knowingly furnish and exhibit a false, ?ctitious, and misrepresented identi?cation with the intent to deceive the Jackson Arms Shooting Range and Gun Shop with respect to a fact material to the lawfulness of the acquisition of said ?rearms by the defendant, namely, the defendant presented a SUPERSEDING INDICTMENT p?a Texas Driver?s License, number in the name of M.W. but bearing the defendant?s photograph, as proof of identi?cation, when the defendant knew that his true name was Donnell Artis and that his prior conviction for a crime punishable by a term of imprisonment exceeding one year precluded him from acquiring said ?rearms. All in violation of Title 18, United States Code, Section 922(a)(6). COUNT FOUR: (18 U.S.C. 1028A(a)(1) Aggravated Identity Theft) 5. On or about March 26, 2016, in the Northern District of California and elsewhere, the defendant, DONNELL ARTIS, did knowingly possess and use, without lawful authority, the means of identi?cation of another person, that is, the name of the real individual M.W., during and in relation to a felony violation of Title 18, United States Code, Section 922(a)(6), as described in Count Three of this Indictment. All in violation of Title 18, United States Code, Section 1028A(a)(1). COUNT FIVE: (18 U.S.C. 1029(a)(2) Unlawful Use of Access Devices to Obtain $1000 or more) 6. From on or about February 18, 2015, to on or about February 18, 2016, in the Northern District of California and elsewhere, the defendant, THURMAN GAITHER, 111, did knowingly and with intent to defraud use unauthorized and counterfeit access devices, and by such conduct, obtain anything of value aggregating at least $1,000 within a one?year period, and, in so doing, affected interstate commerce. All in violation of Title 18, United States Code, Section 1029(a)(2). COUNT SIX: (18 U.S.C. 1028A(a)( 1) Aggravated Identity Theft) 7. On or about February 18, 2016, in the Northern District of Califomia and elsewhere, the defendant, THURMAN GAITHER, SUPERSEDING INDICTMENT did knowingly possess and use, without lawful authority, the means of identi?cation of another person, that is, the credit card number of the real individual R.C., during and in relation to a felony violation of Title 18, United States Code, Section 1029(a)(2), as described in Count Five of this Indictment. All in violation of Title 18, United States Code, Section 1028A(a)(1). COUNT SEVEN: (18 U.S.C. 1029(a)(2) Unlawful Use of Access Devices to Obtain $1000 or more) 8. From on or about February 18, 2015, to on or about February 18, 2016, in the Northern District of California and elsewhere, the defendant, ANTONIO OLIVER, did knowingly and with intent to defraud use unauthorized and counterfeit access devices, and by such conduct, obtain anything of value aggregating at least $1,000 within a one-year period, and, in so doing, affected interstate commerce. All in Violation of Title 18, United States Code, Section 1029(a)(2). COUNT EIGHT: (18 U.S.C. 1028A(a)(1) Aggravated Identity Theft) 9. On or about February 18, 2016, in the Northern District of California and elsewhere, the defendant, ANTONIO OLIVER, did knowingly possess and use, without lawful authority, the means of identi?cation of another person, that is, the credit card number of the real individual P.D., during and in relation to a felony violation of Title 18, United States Code, Section 1029(a)(2), as described in Count Seven of this Indictment. A11 in violation of Title 18, United States Code, Section 1028A(a)(1). COUNT NINE: (18 U.S.C. 1029(a)(2) Unlawful Use of Access Devices to Obtain $1000 or more) 10. From on or about February 18, 2015, to on or about February 18, 2016, in the Northern District of California and elsewhere, the defendant, STERLING HOLMES, did knowingly and with intent to defraud use unauthorized and counterfeit access devices, and by such conduct, obtain anything of value aggregating at least $1,000 within a one-year period, and, in so doing, affected interstate commerce. SUPERSEDING INDICTMENT violation of Title 18, United States Code, Section 1029(a)(2). COUNT TEN: (18 U.S.C. 1028A(a)(1) Aggravated Identity The?) 11. On or about February 18, 2016, in the Northern District of California and elsewhere, the defendant, STERLING HOLMES, did knowingly possess and use, without lawful authority, the means of identi?cation of another person, that is, the credit card number of the real individual T.I., during and in relation to a felony violation of Title 18, United States Code, Section 1029(a)(2), as described in Count Nine of this Indictment. All in violation of Title 18, United States Code, Section 1028A(a)(1). COUNT ELEVEN: (18 U.S.C. 1029(a)(2) Unlawful Use of Access Devices to Obtain $1000 or more) 12. From on or about February 18, 2015, to on or about February 18, 2016, in the Northern District of California and elsewhere, the defendant, DAVONE YOUNG, did knowingly and with intent to de?aud use unauthorized and counterfeit access devices, and by such conduct, obtain anything of value aggregating at least $1,000 within a one-year period, and, in so doing, affected interstate commerce. All in violation of Title 18, United States Code, Section 1029(a)(2). COUNT TWELVE: (18 U.S.C. 1028A(a)(1) Aggravated Identity Theft) 13. On or about February 18, 2016, in the Northern District of California and elsewhere, the defendant, DAVONE YOUNG, did knowingly possess and use, without lawful authority, the means of identi?cation of another person, that is, the credit card number of the real individual A.M., during and in relation to a felony violation of Title 18, United States Code, Section 1029(a)(2), as described in Count Eleven of this Indictment. Allin violation of Title 18, United States Code, Section 1028A(a)(1). SUPERSEDING INDICTMENT . COUNT THIRTEEN: (18 U.S.C. 1029(a)(2) Unlaw?il Use of Access Devices to Obtain $1000 or more) 14. From on or about March 31, 2015, to on or about March 31, 2016, in the Northern District of California and elsewhere, the defendant, ASKARI AQUIL MOHAMMED, did knowingly and with intent to defraud use unauthorized and counterfeit access devices, and by such conduct, obtain anything of value aggregating at least $1,000 within a one-year period, and, in so doing, affected interstate commerce. All in violation of Title 18, United States Code, Section 1029(a)(2). COUNT FOURTEEN: (18 U.S.C. 1028A(a)(l) Aggravated Identity Theft) 15. On or about March 31, 2016, in the Northern District of California and elsewhere, the defendant, ASKARI AQUIL MOHAMMED, did knowingly possess and use, without lawful authority, the means of identi?cation of another person, that is, the credit card number of the real individual A.M.C., during and in relation to a felony violation of Title 18, United States Code, Section 1029(a)(2), as described in Count Thirteen of this Indictment. Allin violation of Title 18, United States Code, Section 1028A(a)(1). COUNT IFTEEN: (21 U.S.C. 841(a)(1) and Possession with intent to distribute 28 grams or more of a mixture or substance which contains cocaine base) 16. On or about April 11, 2016, in the Northern District of California, the defendant, ASKARI AQUIL MOHAMMED, did knowingly and intentionally possess with intent to distribute a Schedule II controlled substance, to wit: 28 grams and more of a mixture or substance containing cocaine base. Allin violation of Title 21, United States Code, Sections 84l(a)(1) and COUNT SIXTEEN: (21 U.S.C. 841(a)(1) and Possession with intent to distribute a quantity of cocaine) 17. On or about April 11, 2016, in the Northern District of California, the defendant, SUPERSEDING INDICTMENT p?i a ASKARI AQUIL MOHAMMED, did knowingly and intentionally possess with intent to distribute a Schedule II controlled substance, to wit: cocaine, its salts, optical and geometric isomers, and salts of its isomers. All in violation of Title 21, United States Code, Sections 841(a)(1) and FORFEITURE ALLEGATIONS: (18 U.S.C. 18 U.S.C. 1029(c)(1)(C); 21 U.S.C. 853; and 28 U.S.C. 2461(0)) 18. The allegations contained in Counts One through Sixteen of this Superseding Indictment are hereby re-alleged and incorporated by reference for the purpose of alleging forfeiture pursuant to 18 U.S.C. 1029(c)(1)(C), and 21 U.S.C. 853. 19. Upon conviction of any of the offenses alleged in Counts Two, Three, Five, Seven, Nine, Eleven, and Thirteen the defendants, DONNELL ARTIS, THURMAN GAITHER ANTONIO OLIVER, STERLING HOLMES, DAVONE YOUNG, and ASKARI AQUIL MOHAMMED, shall forfeit to the United States of America, pursuant to 18 U.S.C. 982(a)(2)(B) and 1029(c)(1)(C), any property constituting or derived from proceeds the defendants obtained, directly or indirectly, as the result of such violations and any personal property used or intended to be used to commit, or facilitate the commission, of the offenses. 20. The property to be forfeited includes, but is not limited to: a. Identi?cation documents in the name of other individuals; b. Documents and digital images containing the means of identi?cation of other individuals; . c. Counterfeit and unauthorized access devices, including credit cards in the name of other individuals and unembossed credit cards; (1. Device-making equipment; and e. A 24? gold chain necklace purchased by ARTIS using a counterfeit credit card on or about April 2, 2016. SUPERSEDING IN DICTMENT 21. Upon conviction of any of the offenses alleged in Counts Fifteen and Sixteen, the defendant, ASKARI AQUIL MOHAMMED, shall forfeit to the United States, pursuant to Title 21, United States Code, Section 853(a), all right, title, and interest in any property constituting or derived from any proceeds the defendant obtained, directly or indirectly, as a result of said violation, and any property used, or intended to be used, to commit or to facilitate the commission of such violation, including but not limited to the following property: a. Approximately $1,869 seized from his person on or about April 11, 2016; b. Approximately $2,100 in cash seized from his residence at 45 Lansing Street, Unit 3306, San Francisco, California on or about April 11, 2016; and c. A digital scale seized from the same residence on or about April 11, 2016. 22. If any of the property described above, as a result of any act or omission of the defendant: a. cannot be located upon the exercise of due diligence; b. has been transferred and sold to, and deposited with, a third party; 0. has been placed beyond the jurisdiction of the court; (1. has been substantially diminished in value; or e. has been commingled with other property which cannot be divided without dif?culty, any and all interest the defendants have in any other property (not to exceed the value of the above forfeitable property) shall be forfeited to the United States pursuant to Title 21 United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(0). SUPERSEDING INDICTMENT violation of Title 21, United States Code, Section 853, and Title 28, United States Code, Section 2461(c), and pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure. DATED: A TRUE BILL. a I 7 GM FOREPERSON BRIAN J. STRETCH United States Attorney ELISE BECKER Deputy Chief, Criminal Division (Approved as to form: gm Vlaj?? AILIKA s. KOTIYA KATHERINE L. Assistant United States Attorneys SUPERSEDING INDICTMENT 0