0 GO ND HWA BF WN

Nv NY YY WYN N KN NY SY Be Bee Be Be Be we Be
oN AW BF OB NH F&F GO we IR DH BF BW NH SY

COUNT THIRTEEN: (18 U.S.C. § 1029(a)(2) — Unlawful 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)(1) — 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 identification 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.
All in violation of Title 18, United States Code, Section 1028A(a)(1).
COUNT FIFTEEN: (21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii) — 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.
All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B)(iii).
COUNT SIXTEEN: (21 U.S.C. §§ 841(a)(1) and (b)(1)(C) — 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



BRIAN J. STRETCH (CABN 163973)

United States Attorney

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,
Plaintiff,
Vv.

DONNELL ARTIS,

THURMAN GAITHER III,

ANTONIO OLIVER,

STERLING HOLMES,

DAVONE YOUNG, and

ASKARI AQUIL MOHAMMED,
a/k/a “Chanta Hopkins,”

Defendants.

SAN FRANCISCO DIVISION

eee

CASE NO. CR 16-0477 VC

VIOLATIONS:

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. § 922(a)(6) — False Statement During
Acquisition of a Firearm;

18 U.S.C. § 1029(a)(2) — Access Device Fraud;

18 U.S.C. § 1028A(a)(1) — Aggravated Identity Theft;
21 U.S.C. § 841(b)(1)(B)(iii) — 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;

18 U.S.C. §§ 982(a)(2)(B) and 1029(c)(1)(C) -
Access Device Fraud Forfeiture;

21 USS.C. § 853 & 28 U.S.C. § 2461 — Criminal
Forfeiture

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 INDICTMENT



Attachment to Penalty Sheet
United States v. Thurman Gaither, IIT
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 Five 18 U.S.C. § 1029(a)(2) — Access Device Fraud
Count Six 18 U.S.C. § 1028A(a)(1) — Aggravated Identity Theft
Maximum Penalties
Count One 10 years’ imprisonment; $250,000 fine; 3 years’ supervised release; $100

mandatory special assessment.

Count Two 5 years’ imprisonment; $250,000 fine; 3 years’ of supervised release; $100
mandatory special assessment; forfeiture; restitution.

Count Five 10 years’ imprisonment; $250,000 fine; 3 years’ supervised release; $100
mandatory special assessment; forfeiture; restitution.

Count Six 2 years’ mandatory imprisonment consecutive to any other term of
imprisonment imposed; $250,000 fine; 1 year supervised release; $100
mandatory special assessment.


0 eo YN DH BF WN

Yb N YN NY NHN NN NY ee Be Be Be Be Be Be Be
oN AA FY NH |&§ Go em I DH BF WH HK Oo

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 (b)(1)(C).

FORFEITURE ALLEGATIONS: (18 U.S.C. § 982(a)(2)(B); 18 U.S.C. § 1029(c)(1)(C); 21 U.S.C.
§ 853; and 28 U.S.C. § 2461(c))

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. §§ 982(a)(2)(B), 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 III,
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. Identification documents in the name of other individuals;

b. Documents and digital images containing the means of identification of other
individuals;

c. Counterfeit and unauthorized access devices, including credit cards in the name of

other individuals and unembossed credit cards;

d. 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 INDICTMENT



UF WN

0 Oo I DH

10
rs
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

All in 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/ul17

A——.

co
FOREPERSON

BRIAN J. STRETCH
United States Attorney

ELISE BECKER
Deputy Chief, Criminal Division

(Approved as to form: WAS y zy f )

SHAILIKA S. KOTIYA
KATHERINE L. WAWRZYNIAK
Assistant United States Attorneys

SUPERSEDING INDICTMENT
10



0 Om IN DN WH A

10
i
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

did knowingly possess and use, without lawful authority, the means of identification 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 identification 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.
All 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



a «
‘AO 257 (Rev. 6/78)

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT

ey: J) comptaint C1 inrormation () inpicTMeENTt Name of District Court, and/or J patie ion

OFFENSE CHARGED SUPERSEDING NORTHERN DISTRIC zy urbe
COUNT ONE: 18 U.S.C. § 922(9)(1) CL) Petty SAN FRARLSEO. pis a
COUNT TWO: 18 U.S.C. § 1029(b)(2) : VAL 2
COUNT ELEVEN: 18 US.C. § 1029(a)(2) ( Minor (— DEFENDANT -U.S OTs ac
COUNT TWELVE: 18 US.C. § 1028A(a)(1) Misde- 183° ‘iti iG

” Opep Ss
Forfeiture pursuant to 18 US.C. §§ 9e2a)enBrTO2s{aKNVe C1 imeanor ) DAVONE YOUNG 4 “Cup,
Felony
PENALTY: DISTRICT COURT NUMBER
See Attached. 16-CR-0477 VC
DEFENDANT
PROCEEDING §=——______ IS NOTIN CUSTODY
. ay a Has not been arrested, pending outcome this proceeding.
Name of Complaintant Agency, or Person (& Title, if any) 1) 1 IF not detained give date any prior
HSI summons was served on above charges
person is awaiting trial in another Federal or State Court, 2) C!s a Fugitive

oO give name of court
3) Is on Bail or Release from (show District)

N.D. Cal.

this person/proceeding is transferred from another district
oO per (circle one) FRCrp 20, 21, or 40. Show District
IS INCUSTODY

4) [J On this charge

this is a reprosecution of
charges previously dismissed
i) which were dismissed on motion CO Federal [7] State

of DOCKET NO. oo
} 6) ([] Awaiting trial on other charges

SHOW 5) [[) On another conviction

U.S. ATTORNEY DEFENSE an
0 0 If answer to (6) is "Yes", show name of institution

this prosecution relates to a " a
(1 pending case involving this same Has detainer L] Yes give date
defendant MAGISTRATE, been filed? Ni
CASE NO [Ne filed
prior proceedings or appearance(s) DATE OF d Month/Day/Year
1 before U.S. Magistrate regarding this ARREST _
defendant were recorded under Or... if Arresting Agency & Warrant were not
Name and Office of Person DATE TRANSFERRED Month/Day/Year
Furnishing Information on this form BRIAN J. STRETCH TO U.S, CUSTODY
[X]U.S. Attorney [] Other U.S. Agency
Name of Assistant U.S. ( This report amends AO 257 previously submitted
Attorney (if assigned) SHAILIKA S. KOTIYA

PROCESS ADDITIONAL INFORMATION OR COMMENTS
(7 summons NO PROCESS" [_] WARRANT Bail Amount:
if Summons, complete following:
oO Arraignment [_] Initial Appearance * Where defendant previously apprehended on complaint, no new summons or
Defendant Address warrant needed, since Magistrate has scheduled arraignment
e 5:

Date/Time: Before Judge:

Comments:



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 fine; 3 years’ supervised release; $100
mandatory special assessment.

Count Two 5 years’ imprisonment; $250,000 fine; 3 years’ of supervised release; $100
mandatory special assessment; forfeiture; restitution.

Count Seven 10 years’ imprisonment; $250,000 fine; 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 fine; 1 year supervised release; $100
mandatory special assessment.


. .
AO 257 (Rev. 6/78)

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - INES, DISTRICT COURT

“EP? c. a AY
ey: comptaint C1 inrormation C] inpictMent Name of District Cbkigreter “aggAptarate Location
LIFORNIA
OFFENSE CHARGED SUPERSEDING NORAHERN DIS T, OF CALIFO!
AFR) CISCO DIRXISION

COUNT ONE: 18 U.S.C. § 922(g)(1) CO Petty Liv G7, an giSC vi F; oe

COUNT TWO: 18 U.S.C. § 1029(b)(2) ; SPER

COUNT SEVEN: 18 U.S.C. § 1029(a)(2) ( Minor (— DEFENDANT - U.S Cr Cy

COUNT EIGHT: 18 U.S.C. § 1028A(a)(1) , 4 “Oy

o Misde- . Py
Forfeture pursuant to 18 USC. $§ 9823) 2NB)1025K01Q, meanor ANTONIO OLIVER
Fel
ony DISTRICT COURT NUMBER
PENALTY:
See Attached. 16-CR-0477 VC
DEFENDANT
PROCEEDING §=———______ IS NOTIN CUSTODY
a F Has not been arrested, pending outcome this proceeding.
Name of Complaintant Agency, or Person (& Title, if any) 1) [1 ttnot detained give date any por p 9
HSI summons was served on above charges
oO person is awaiting trial in another Federal or State Court, 2) (] Is a Fugitive
give name of court

3) [[] |s on Bail or Release from (show District)

this person/proceeding is transferred from another district
O per (circle one) FRCrp 20, 21, or 40. Show District
IS IN CUSTODY

4) On this charge

this is a reprosecution of

oO charges previously dismissed 5) [[] On another conviction

which were dismissed on motion SHOW } ( Federal [7 State
of DOCKET NO.
Us. ATTORNEY D 6) (7) Awaiting trial on other charges
Os. L] DEFENSE If answer to (6) is “Yes”, show name of institution
this prosecution relates to a "Yes"
(C1 pending case involving this same Has detainer L] Yes dive date
defendant MAGISTRATE been filed? N
CASE NO LX fied
prior proceedings or appearance(s) DATE OF db Month/Day/Year
before U.S. Magistrate regarding this ARREST
defendant were recorded under Or... if Arresting Agency & Warrant were not
Name and Office of Person DATE TRANSFERRED Month/Day/Year
Furnishing Information on this form BRIAN J, STRETCH TO U.S. CUSTODY
[k] U.S. Attorney [] Other U.S. Agency
Name of Assistant U.S. o This report amends AO 257 previously submitted
Attorney (if assigned) SHAILIKA S. KOTIYA
ADDITIONAL INFORMATION OR COMMENTS
PROCESS:
(summons NO PROCESS* [_] WARRANT Bail Amount:
If Summons, complete following:
(7 Arraignment [J Initial Appearance * Where defendant previously apprehended on complaint, no new summons or
warrant needed, since Magistrate has scheduled arraignment
Defendant Address:

Date/Time: Before Judge:

Comments:



0 Oo IN DW A

10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

All in violation of Title 18, United States Code, Section 1029(a)(2).
COUNT TEN: (18 U.S.C. § 1028A(a)(1) — Aggravated Identity Theft)

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 identification 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 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 TWELVE: (18 U.S.C. § 1028A(a)(1) - Aggravated Identity Theft)

13. | Onor 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 identification 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.

All in violation of Title 18, United States Code, Section 1028A(a)(1).

SUPERSEDING INDICTMENT



Attachment to Penalty Sheet
United States v. Sterling Holmes
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 Nine 18 U.S.C. § 1029(a)(2) — Access Device Fraud

Count Ten 18 U.S.C. § 1028A(a)(1) — Aggravated Identity Theft

Maximum Penalties

Count One 10 years’ imprisonment; $250,000 fine; 3 years’ supervised release; $100
mandatory special assessment.

Count Two 5 years’ imprisonment; $250,000 fine; 3 years’ of supervised release; $100
mandatory special assessment; forfeiture; restitution.

Count Nine 10 years’ imprisonment; $250,000 fine; 3 years’ supervised release; $100
mandatory special assessment; forfeiture; restitution.

Count Ten 2 years’ mandatory imprisonment consecutive to any other term of
imprisonment imposed; $250,000 fine; 1 year supervised release; $100
mandatory special assessment.


Gnited States District Court

FOR THE &
NORTHERN DISTRICT OF CALIFORNIA NY , of &
VENUE: SAN FRANCISCO Xe ous. “ee 7 o
Wis. a,
sy Kis eo é
UNITED STATES OF AMERICA, “C4 1 Lap,
V.

DONNELL ARTIS, THURMAN GAITHER III, ANTONIO
OLIVER, STERLING HOLMES, DAVONNE YOUNG, AND
ASKARI AQUIL MOHAMMED, A/K/A “CHANTA HOPKINS"

DEFENDANT(S).

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. § 922(a)(6)-False Statement During Acquisition of a
Firearm; 18 U.S.C. § 1029(a)(2)-Access Device Fraud;

18 U.S.C. § 1028-Aggravated Identity Theft; 21 U.S.C. § 841(b)(1)
(B)(iii)-Possession with Intent to Distribute 28 Grams or more
Cocaine Base; 21 U.S.C. § 841(b)(1)(C)-Possession with Intent to
Distribute A Quantity of Cocaine

A true bill.

—vY Foreman

F
Filed in open court this _¢2/ ¥ day of

Clerk

Bail, $_¥° et aural Waste 43 fe
e etl ee ond

ear Gaihe 2
fw fie Munery fol!



AO 257 (Rev. 6/78)

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT

ey: compvaint C1] inrormation C1] inpicTMeNt

____ Name of District Court, repo Jugge/Magistrate Loration
NORTHGBN DISTRICT-O PALIFORNIA

SAN Gi Q9C0,DIVISION
1g

fy OE,
NO, otsTiieHe
 AskaRi AQuIL MOHAMMED 64 COUpr

DEFENDANT

HSI

person is awaiting trial in another Federal or State Court,
O give name of court

this person/proceeding is transferred from another district
oO per (circle one) FRCrp 20, 21, or 40. Show District

this is a reprosecution of

charges previously dismissed
Oo which were dismissed on motion SHOW

of: = } DOCKET NO.

Oo U.S. ATTORNEY Oo 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 Office of Person

Furnishing Information on this form BRIAN J. STRETCH
[K]U.S. Attorney [] Other U.S. Agency

Name of Assistant U.S.

Attorney (if assigned) SHAILIKA S. KOTIYA

PROCESS:
[SUMMONS [xj NOPROCESS* [_] WARRANT

If Summons, complete following:
(J Arraignment [_] Initial Appearance

Defendant Address:

Comments:

ADDITIONAL INFORMATION OR COMMENTS

Date/Time:

OFFENSE CHARGED SUPERSEDING
COUNT TWO: 18 U.S.C. § 1029(b)(2) OO Petty Gy,
COUNT THIRTEEN: 18 U.S.C. § 1029(a)(2) . CLep els:
COUNT FOURTEEN: 18 US.C. § 1028A(a)(1) [Minor - DEFENDANT SUK Ge
COUNT FIFTEEN: 21 US.C. § 841(b)(1)(B)(i) ,
COUNT SIXTEEN: 21 US.C. § 841(b)(1)(C) oO Misde-
Forfeiture pursuantto 18 US. 85 982a)2)110291)01 meanor
re
(X] Felony
PENALTY: DISTRICT COURT NUMBER
See Attached. 16-CR-0477 VC
PROCEEDING IS NOTIN CUSTODY
Name of Complaintant Agency, or Person (& Title, if any)

Has not been arrested, pending outcome this proceeding.
1) [J Ifnot detained give date any prior

summons was served on above charges
2) C7] Isa Fugitive

3) oO Is on Bail or Release from (show District)

IS INCUSTODY
4) [ On this charge
5) [X] On another conviction
} LO Federal State
6) [_] Awaiting trial on other charges
If answer to (6) is "Yes", show name of institution

Placer County
Has detainer L] Yes res
been filed? give da

[1 No filed

DATE OF > Month/Day/Year
ARREST 04/14/2016
Or... if Arresting Agency & Warrant were not
DATE TRANSFERRED Month/Day/Year

TO U.S. CUSTODY

oO This report amends AO 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. 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 fine; 3 years’ supervised release; $100
mandatory special assessment.

Count Two 5 years’ imprisonment; $250,000 fine; 3 years’ of supervised release; $100
mandatory special assessment; forfeiture; restitution.

Count Eleven 10 years’ imprisonment; $250,000 fine; 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 fine; 1 year supervised release; $100
mandatory special assessment.


“ )
AO 257 (Rev. 6/78)

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN J.S. DISTRICT COURT

7
. 8Y: 1) compraint C1] inrormation C1 inpictMent Name of Distidffzpurt snake lagistrate Location
OFFENSE CHARGED NORTHERN i ORZALIFORNIA
<OgpicRANCISCAPIVISION
COUNT ONE: 18 U.S.C. § 922(9)(1) DD Petty ST zx
COUNT TWO: 18US.C. § 1029(b)(2) , S Orbs Stn /8
COUNT NINE: 18 US.C. § 1029(a)(2) [Minor (- DEFENDANT - U.S“ 7 ars wa
COUNT TEN: 18 US.C. § 1028A(a)(1) Mi GALT
oO isde- 4 Oy, p
Foreture pursuant to 1BUSC. $5 9821): 10251010, meanor STERLING HOLMES ar
Felony DISTRICT COURT NUMBER
PENALTY:
See Attached. 16-CR-0477 VC
DEFENDANT
PROCEEDING = ———___— IS NOTIN CUSTODY ; ; ;
Name of Complaintant Agency, or Person (& Title, if any) oO Hretastoned gue sate aw eome this proceeding.
HSI summons was served on above charges
person is awaiting trial in another Federal or State Court, 2) (] Is a Fugitive

i) give name of court
3) Is on Bail or Release from (show District)
N.D. CAL.

this person/proceeding is transferred from another district

Oo per (circle one) FRCrp 20, 21, or 40. Show District
IS INCUSTODY

4) [J On this charge

this is a reprosecution of

Oo charges previously dismissed 5) [J On another conviction

which were dismissed on motion SHOW } (Federal (] State
of DOCKET NO.
6) ([] Awaiting trial on other charges
U.S. ATTORNEY DEFENSE
0 O If answer to (6) is "Yes", show name of institution
this prosecution relates to a "Vos"
1 pending case involving this same Has detainer L] Yes fi dete
defendant MAGISTRATE been filed? [J No filed
CASE NO.
prior proceedings or appearance(s) DATE OF d Month/Day/Year
([] before U.S. Magistrate regarding this ARREST
defendant were recorded under Or... if Arresting Agency & Warrant were not
Name and Office of Person DATE TRANSFERRED Month/Day/Year
Furnishing Information on this form BRIAN J. STRETCH TO U.S. CUSTODY
[kJ U.S. Attorney [] Other U.S. Agency
Name of Assistant U.S. oO This report amends AO 257 previously submitted
Attorney (if assigned) SHAILIKA S. KOTIYA

ADDITIONAL INFORMATION OR COMMENTS
PROCESS:

(7 Summons NO PROCESS* [_] WARRANT Bail Amount:
If Summons, complete following:
[J Arraignment [7] Initial Appearance * Where defendant previously apprehended on complaint, no new summons or

warrant needed, since Magistrate has scheduled arraignment
Defendant Address:

Date/Time: Before Judge:

Comments:



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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;

db. has been transferred and sold to, and deposited with, a third party;

c. 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
difficulty,

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(c).

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SUPERSEDING INDICTMENT



« «
AO 257 (Rev. 6/78)

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. we COURT

By: Gl comptaint C1 information (] inpICTMENT
SUPERSEDING

Name of District Court, Spree oe Location
NORTHERM DISTRI DB f cALh

Name of Complaintant Agency, or Person (& Title, if any)

HSI

person is awaiting trial in another Federal or State Court,
Oo give name of court

this person/proceeding is transferred from another district
oO per (circle one) FRCrp 20, 21, or 40. Show District

this is a reprosecution of
charges previously dismissed
im) which were dismissed on motion SHOW

of DOCKET NO.
(us. ATTORNEY [[] DEFENSE }

this prosecution relates toa
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 Office 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

PROCESS:
(SUMMONS [_] NO PROCESS* WARRANT

{if Summons, complete following:
CD Arraignment oO Initial Appearance

Defendant Address:

Comments:

OFFENSE CHARGED
san hapeieno Binsin

COUNT ONE: 18 US.C. § 922(g)(1) 0 Petty Wp Sp, a
COUNT TWO: 18 US.C. § 1029(b)(2) . 2b 65.89 18
COUNTFIVE: 18 US.C. § 1029(a)(2) 1 Minor (— DEFENDANT - U.S 87 ie rig
COUNT SIX: 18 US.C. § 1028A(a)(1) Or 04

oO Misde- 4 Opp
Forftture pursuant to 18 US. $5 98212) 2N6)10250K0), meanor I} THURMAN GAITHER, i r

Felony DISTRICT COURT NUMBER
PENALTY:

See Attached. 16-CR-0477 VC
DEFENDANT
PROCEEDING IS NOTIN CUSTODY

Has not been arrested, pending outcome this proceeding.
1) [7] Ifnot detained give date any prior
summons was served on above charges

2) Is a Fugitive

3) [[] |s on Bail or Release from (show District)

IS IN CUSTODY
4) (J On this charge

5) [7] On another conviction

} [Federal [[] State
6) [[] Awaiting trial on other charges
If answer to (6) is "Yes", show name of institution

Has detainer L] Yes
been filed? [No

DATE OF d
ARREST

Or... if Arresting Agency & Warrant were not

DATE TRANSFERRED Month/Day/Year
TO U.S. CUSTODY

If"Yes"
} give date
filed
Month/Day/Year

ADDITIONAL INFORMATION OR COMMENTS

Date/Time:

o This report amends AO 257 previously submitted

Bail Amount: NO BAIL

* Where defendant previously apprehended on complaint, no new summons or
warrant needed, since Magistrate has scheduled arraignment

Before Judge:



0 Oo ND HW BF WN

YN YR YK NN ND Be ee we we ewe ee eH
eI 08GB BH =F SF ODMH AAA RH NKH KH SD

DONNELL ARTIS,
THURMAN GAITHER III,
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 firearms, specifically, a Glock Model 26 bearing serial number EXT536US;
a Glock Model 36 bearing serial number URF319; a Glock Model 30 bearing serial number
DEH703US; a Glock Model 22 bearing serial number XCA680; and a Springfield Model XD bearing
serial number XD352789, 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 III,
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 traffic 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



Uk WN

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Texas Driver’s License, number XXXX1792, in the name of M.W. but bearing the defendant’s
photograph, as proof of identification, 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 firearms.

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 identification 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, III,

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 California and elsewhere, the
defendant,

THURMAN GAITHER, III,

SUPERSEDING INDICTMENT



i
Attachment to Penalty Sheet &
tac ent to Penalty ect LY Mf ~
United States v. Donnell Artis “&
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 Three 18 U.S.C. § 922(a)(6) — False Statement During Acquisition of a Firearm
Count Four 18 U.S.C. § 1028A(a)(1) — Aggravated Identity Theft

Maximum Penalties

Count One 10 years’ imprisonment; $250,000 fine; 3 years’ supervised release; $100
mandatory special assessment.

Count Two 5 years’ imprisonment; $250,000 fine; 3 years’ of supervised release; $100
mandatory special assessment; forfeiture; restitution.

Count Three 10 years’ imprisonment; $250,000 fine; 3 years’ supervised release; $100
mandatory special assessment.

Count Four 2 years’ mandatory imprisonment consecutive to any other term of
imprisonment imposed; $250,000 fine; 1 year supervised release; $100
mandatory special assessment.


eo bad
AO 257 (Rev. 6/78)

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN J.S. PISHRICT COURT

8Y: C$ compecaint OC] information (1) inpicTMENT

Name of District @purt, andot Hen Location

Name of Complaintant Agency, or Person (& Title, if any)

HSI

person is awaiting trial in another Federal or State Court,
i) give name of court

this person/proceeding is transferred from another district
oO per (circle one) FRCrp 20, 21, or 40. Show District

this is a reprosecution of
oO charges previously dismissed

which were dismissed on motion SHOW

of DOCKET NO.
oO U.S. ATTORNEY o DEFENSE }

this prosecution relates to a
pending case involving this same

defendant MAGISTRATE

CASE NO.
prior proceedings or appearance(s)
([] before U.S. Magistrate regarding this
defendant were recorded under

Name and Office of Person

Furnishing Information on this form BRIAN J. STRETCH

[KU.S. Attorney [] Other U.S. Agency

Name of Assistant U.S.

Attorney (if assigned) SHAILIKA S. KOTIYA
PROCESS:
(7 SUMMONS NO PROCESS" [_] WARRANT

If Summons, complete following:
(Arraignment [_] Initial Appearance

Defendant Address:

Comments:

OFFENSE CHARGED SUPERSEDING NORTHERT Soa es NIA
san Ail DIV

COUNT ONE: 18 U.S.C. § 922(9}(1) LD Petty ee £ a
COUNT TWO: 18 US.C. § 1029(b)(2) , es Oo 4>
COUNT THREE: 18 US.C. § 922(a)(6) [ Minor (— DEFENDANT - U.S
COUNT FOUR: 18 USC. § 1028A(2)(1) Mi oy @

oO lisde- Gp»
Forfeiture pursuant to 18 US.C. §§ 982(0)AN)1O2SICINO, meanor > DONNELL ARTIS

Felony DISTRICT COURT NUMBER
PENALTY:

See Attached. 16-CR-0477 VC
DEFENDANT
PROCEEDING IS NOTIN CUSTODY

Has not been arrested, pending outcome this proceeding.
1) (7 If not detained give date any prior
summons was served on above charges

2) (J !s a Fugitive

3) [7 !s on Bail or Release from (show District)

IS INCUSTODY
4) On this charge

5) (J On another conviction

} C Federal [Jj State
6) [[] Awaiting trial on other charges
If answer to (6) is "Yes", show name of institution

Has detainer L] Yes } ve date
been filed? (No filed

DATE OF d Month/Day/Year

ARREST
Or... if Arresting Agency & Warrant were not

DATE TRANSFERRED Month/Day/Year
TO U.S. CUSTODY

ADDITIONAL INFORMATION OR COMMENTS

Date/Time:

Oo This report amends AO 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 Fifteen

Count Sixteen

Attachment to Penalty Sheet
United States v. Askari 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. § 841(b)(1)(B)(iii) — 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 fine; 3 years’ of supervised release; $100
mandatory special assessment; forfeiture; restitution.

10 years’ imprisonment; $250,000 fine; 3 years’ supervised release; $100
mandatory special assessment; forfeiture; restitution.

2 years’ mandatory imprisonment consecutive to any other term of
imprisonment imposed; $250,000 fine; 1 year supervised release; $100
mandatory special assessment.

Mandatory minimum term of 5 years’ imprisonment, maximum term of 40
years’ imprisonment; $5,000,000 fine; Minimum term of 4 years’ supervised
release, maximum term of lifetime supervised release; $100 mandatory
special assessment; forfeiture.

20 years’ imprisonment; $250,000 fine; 3 years’ of supervised release; $100
mandatory special assessment; forfeiture.


Un BR WN

No a aon

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c. On or about 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 firearms, namely, a Glock Model 26 bearing serial number
EXT536US; a Glock Model 36 bearing serial number URF319; a Glock Model 30 bearing serial number
DEH703US; a Glock Model 22 bearing serial number XCA680; and a Springfield Model XD bearing
serial number XD352789, from the Jackson Arms Shooting Range and Gun Shop in South San
Francisco, California, a licensed dealer of firearms within the meaning of Chapter 44, Title 18, United
States Code, did knowingly furnish and exhibit a false, fictitious, and misrepresented identification 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 firearms by the defendant, namely, the defendant presented a

SUPERSEDING INDICTMENT