Date Filed 11/14/18 Entry Number 3 Page 1 of 6 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION CRIMINAL NO.: 07 5/3 - My? 3 UNITED STATES OF AMERICA 18 U.S.C. 1343 18 U.S.C. 1349 18 U.S.C. 1951 18 U.S.C. 1956(h) -versus- 3 JIMMY DUNBAR, JR. 18 U.S.C. 981(a)(1)(C) MITCHLENE PADGETT 18 U.S.C. 982(a)(1) 28 U.S.C. 2461(c) INDICTMENT (UNDER SEAL) gm (Conspiracy to Commit Wire Fraud) THE GRAND JURY CHARGES: 1. From in or about May 2016 through at least December 2017, in the District of South Carolina and elsewhere, the Defendant, JIMMY DUNBAR, JR., and others known and unknown to the Grand Jury, knowingly and willfully and with intent to defraud, combined, conspired, confederated, and agreed together to execute and attempt to execute a scheme and arti?ce to defraud by means of false and fraudulent pretenses, representations, and promises, and for the purpose of executing and attempting to execute the scheme transmitted and caused to be transmitted by means of wire communications in interstate commerce, writings, signs, and signals in violation of Title 18, United States Code, Sections 1343 and 1349. MANNER AND MEANS OF THE CONSPIRACY At all times relevant to the conspiracy: 2. JIMMY DUNBAR JR. was a prisoner at the South Carolina Department of Corrections (SCDC). Date Filed 11/14/18 Entry Number 3 Page 2 of 6 3. DUNBAR and others known and unknown to the Grand Jury, smuggled smartphones into the SCDC in violation of state law. These smartphones contained features such as personal computers, telephones, digital cameras and videos, and i Internet Access. 4. Using the Internet access on the smartphones, DUNBAR and other inmates at SCDC orchestrated a scheme to defraud members of the United States Military by means of wire communications in interstate commerce. 5. It was part of the scheme that DUNBAR, using a smartphone, joined Internet dating websites and posed as a young woman who was seeking a romantic relationship. On the dating websites, DUNBAR targeted young men who were in the military. 6. After meeting military members on the dating websites, DUNBAR texted nude pictures of young women that he obtained from the Internet. It was part of the scheme that DUNBAR claimed these nude pictures were of the woman that he was impersonating on the dating website. After DUNBAR texted nude pictures, he asked the military members to text nude pictures and other personal information in return. 7. It was further part of the scheme that after exchanging nude pictures and other personal information, DUNBAR called the military members and claimed to be the young woman?s father. DUNBAR told the military members that his ?daughter? was a minor and not 18 or 19-years-old as listed on the dating website. DUNBAR then threatened to notify the military authorities and law enforcement that the military member was exchanging nude pictures with a minor unless the military member paid money. DUNBAR claimed that the money was needed for counseling and medical bills for the trauma that his ?underage daughter? suffered from the sexually explicit text messages. Other times, DUNBAR demanded money to cancel the ?family? phone plan. In some instances, other inmates at SCDC who conspired with DUNBAR called the military Date Filed 11/14/18 Entry Number 3 Page 3 of 6 members posing as a police of?cer and threatened them with arrest unless they paid additional money. 8. DUNBAR directed the military members to wire money by means of wire communications in interstate commerce via Western Union, MoneyGram, PayPal, and Walmart to individuals in South Carolina and North Carolina. 9. It was further part of the scheme that DUNBAR recruited MITCHLENE PADGETT, and others to retrieve the money that was wired by the military members. DUNBAR instructed the military members to wire the money to MITCHLENE PADGETT and others in South Carolina. 10. After retrieving the wired money, PADGETT and others transferred the money to DUNBAR and other inmates at direction. PADGETT and others took a percentage of the wired money for their role in the conspiracy. 1 1. Due to this conspiracy to commit wire fraud, DUNBAR fraudulently obtained more than $29,598.00 from service members who lived in states across the country. All in violation of Title 18, United States Code, Sections 1343 and 1349. Date Filed 11/14/18 Entry Number 3 Page 4 of 6 (Extortion) THE GRAND JURY FURTHER CHARGES: In or about January 2017, in the District of South Carolina and elsewhere, the Defendant, JIMMY DUNBAR, JR., did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce by extortion, as those terms are de?ned in Title 18, United States Code, Section 1951, in that JIMMY DUNBAR, JR. obtained the money of M.T.W., with his consent, induced by the wrongful use of actual and threatened force, violence, and fear, including fear of economic loss and employment termination, as described in Count 1. In violation of Title 18, United States Code, Section 1951. COUNT 3 (Money Laundering) THE GRAND JURY FURTHER CHARGES: From in or about May 2016 through at least December 2017, in the District of South Carolina and elsewhere, the Defendants, JIMMY DUNBAR, JR. and MITCHLENE PADGETT knowingly and willfully combined, conspired, and agreed with each other and with others, both known and unknown to the Grand Jury, to conduct and attempt to conduct ?nancial transactions affecting interstate and foreign commerce, which involved the proceeds of speci?ed unlawful activity, that is, the wire fraud described in Count 1, knowing that the property involved in the ?nancial transactions represented the proceeds of some form of unlawful activity, and further knowing that the transactions were designed, in whole and in part, to conceal and disguise the nature, the location, the source, the ownership, and the control of the property, in violation of Title 18, United States Code, Section All in violation of Title 18, United States Code, Section 1956(h). Date Filed 11/14/18 Entry Number 3 Page 5 of 6 FORFEITURE CONSPIRACY TO COMMITT WIRE Upon conviction for violation of Title 18, United States Code, Sections 1343, 1349 and 1951, as charged in this Indictment, the Defendant, JIMMY DUNBAR, JR., shall forfeit to the United States any property, real or personal, which constitutes or is derived from any proceeds the Defendant obtained, directly or indirectly, as the result of such violation, and any property traceable to such property. MONEY LAUNDERING: Upon conviction for violation of Title 18, United States Code, Section 1956 as charged in this Indictment, the Defendants, JIMMY DUNBAR, JR. and MITCHLENE PADGETT, shall forfeit to the United States any property, real or personal, involved in a transaction or attempted transaction in violation of 18 U.S.C. 1956, as charged in the Indictment, or any property traceable to the offense. PROPERTY: Pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 982(a)(1), and Title 28, United States Code, Section 2461(c), the property which is subject to forfeiture upon conviction of the Defendants for offenses charged in this Indictment includes, but is not limited to the following: FORFEITURE PROCEEDS: A sum of money equal to all proceeds the Defendant obtained directly or indirectly as the result of the offenses charged in the Indictment and all interest and proceeds traceable thereto. FORFEITURE LAUNDERING: A sum of money equal to all property involved in the money laundering offenses charged in the Indictment, and all interest and proceeds traceable thereto. Date Filed 11/14/18 Entry Number 3 Page 6 of 6 SUBSTITUTE ASSETS: If any of the property described above, as a result of any act or omission of the Defendants: a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; 0. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or e. has been commingled with other property which cannot be divided without dif?culty; it is the intent of the United States of America, pursuant to Title 21, United States Code, Section 853(p) as incorporated by 18 U.S.C. 982 to seek forfeiture of any other property of the said Defendants up to the value of the above forfeitable property. Pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 982(a)(l), and Title 28, United States Code, Section 2461(0). A ?lelff/ BILL Sim/1.9L SHERRI A. LYDON (e1) UNITED STATES ATTO Date Filed 11/14/18 Entry Number 3-1 Page 1 of 1