IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

UNITED STATES OF AMERICA

v.

KELLY JOSEK (02)

a/k/a Kelly Spinelli-Josek

§ SE LED

§

§ Case No. 4:23-CR- 

§ Judge 

§

§

§

INDICTMENT

THE UNITED STATES GRAND JURY CHARGES:

COUNT ONE

Violation: 18U.S.C. § 1546(a)

(Fraud and Misuse of Visas, Permits, and

Other Documents)

On or about April 4, 2022, in the Eastern District of Texas, and elsewhere, | 

Kelly Josek, a/k/a Kelly Spinelli-Josek, defendants, did knowingly

utter, use, attempt to use, possess, obtain, accept, and receive United States Passport

Cards, which defendants knew to be forged, counterfeited, altered, and falsely made.

In violation of 18 U.S.C. §§ 1546(a) and 2.

COUNT TWO

Violation: 18 U.S.C. § 1028A

(Aggravated Identity Theft)

On or about April 4, 2022, in the Eastern District of Texas, and elsewhere, | 

Kelly Josek, a/k/a Kelly Spinelli-Josek, defendants, did knowingly

transfer, possess, and use, without lawful authority, a means of identification of another

1

Case 4:23-cr-00120-ALM-AGD Document 15 Filed 05/18/23 Page 1 of 4 PageID #: 47
person in relation to a felony violation enumerated in 18 U.S.C. § 1028A(c), to wit, 18

U.S.C. § 1546(a), lenowing that the means of identification belonged to another actual

person.

In violation of 18 U.S.C. §§ 1028A and 2.

NOTICE OF INTENT TO SEEK CRIMINAL FORFEITURE

Pursuant to 18 U.S.C. § 982(a)(6)

As the result of committing the foregoing offenses charged this indictment, the

defendant shall forfeit to the United States:

1. Any property constituting, or derived from, and proceeds the

defendants obtained, directly or indirectly, as the result of such violations; and

2. Any of the defendants property used, or intended to be used, in any

manner or part, to commit, or to facilitate the commission of, such violations.

Substitute Assets

If any of the property described above as being subject to forfeiture, 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 or sold to, or deposited with a

third person;

(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

subdivided without difficulty;

it is the intent of the United States, pursuant to 21 U.S.C. § 853(p), to seek forfeiture

of any other property of the defendant up to the value of the above forfeitable

2

Case 4:23-cr-00120-ALM-AGD Document 15 Filed 05/18/23 Page 2 of 4 PageID #: 48
property, including but not limited to all property, both real and personal, owned by

the defendant.

By virtue of the commission of the offense charged in this indictment, any and all

interest the defendant has in the above-described property is vested in the United States

and hereby forfeited to the United States pursuant to pursuant to 18 U.S.C. § 982(a)(6).

A TRUE BILL:

DAMIEN M. DIGGS

UNITED STATES ATTORNEY

EAN J. T YLOR

Assistant United States Attorney

Date

3

Case 4:23-cr-00120-ALM-AGD Document 15 Filed 05/18/23 Page 3 of 4 PageID #: 49
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

UNITED STATES OF AMERICA

v.

KELLY JOSEK (02)

a/k/a Kelly Spinelli-Josek

§ SEALED

§

§ Case No. 4:23-CR- 

§ Judge 

§

§

§

NOTICE OF PENALTY

COUNT ONE

Violation: 18 U.S.C. § 1546(a)

Penalt : Imprisonment for a term not to exceed ten years; a fine not to exceed

$250,000.00, or not more than the greater of twice the gross gain to the

defendant or twice the gross loss to one other than the defendant; or both;

and supervised release for a term not to exceed three years in addition to

such term of imprisonment.

Special

Assessment: $100.00

COUNT TWO

Violation: 18 U.S.C. § 1028A

Penalty: Imprisonment for a term of two years; a fine not to exceed $250,000.00, or

not more than the greater of twice the gross gain to the defendant or twice

the gross loss to one other than the defendant; or both; and supervised

release for a term not to exceed one year in addition to such term of

imprisonment. This sentence is to run consecutively to any other sentence

imposed. A person convicted of a violation of this section shall not be

placed on probation.

Special

Assessment: $100.00

4

Case 4:23-cr-00120-ALM-AGD Document 15 Filed 05/18/23 Page 4 of 4 PageID #: 50