UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE INDICTMENT v. NO. 18 U.S.C. 2 JAMESY HAVENS 18 U.S.C. 981(a)(1)(C) DAVID FARNSWORTH 18 U.S.C. 982(a)(1) RONALD LOVELL 18 U.S.C. 982(a)(2) JASEN COON 18 U.S.C. 1028A(a)(1) DANNY COSLOW 18 U.S.C. 1028A(c)(5) CHRISTOPHER PEPLINSKI 18 U.S.C. 1341 18 U.S.C. 1349 18 U.S.C. 1956(a)(1)(B)(i) 18 U.S.C. 1957 28 U.S.C. 2461 The Grand Jury charges: COUNT 1 (Mail Fraud Conspiracy) 1. In or about and between May 2013, and August 2015, in the Western District of Kentucky, Jefferson County, Kentucky, and elsewhere, the defendants, JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, DANNY COSLOW, and CHRISTOPHER PEPLINSKI, and others, known and unknown to the Grand Jury, conspired, confederated and agreed with each other and with others to knowingly execute and attempt to execute a scheme and artifice to defraud, in violation of Title 18, United States Code, Section 1341. The goal of the conspiracy was to obtain money and property from car loan companies and banks by filing car loan applications and stealing the cars and loan proceeds, and subsequently claiming that they did not purchase the cars and apply for the loans, but rather falsely claiming that
someone else had stolen their identities, filed the applications, and taken possession of the cars and loan proceeds, without their knowledge and approval. Manner and Means 2. It was part of the conspiracy that JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, DANNY COSLOW, and CHRISTOPHER PEPLINSKI, and others, known and unknown to the Grand Jury, opened bank accounts in Louisville, Kentucky, Michigan, and Florida, in the names of nominee companies, designed to appear as legitimate businesses and car dealerships, such as 24/7 Motors, FTD Motors, Auto Advantage Company, Gulf Coast Holdings, VMCD Corp., and VMD Direct Processing. 3. It was further part of the conspiracy that JAMESY HAVENS, RONALD LOVELL, and DANNY COSLOW, used the addresses of UPS Store post office boxes to give the appearance that the businesses, listed in paragraph 2, had actual physical addresses. 4. JAMESY HAVENS, DAVID FARNSWORTH, and others, known and unknown to the Grand Jury, applied for car loans, and initially purchased cars with no intent to repay the loans, kept or transferred the cars to others, and later reported that someone else had stolen their identities, filed the applications, and taken possession of the cars without their knowledge and approval. 5. JAMESY HAVENS, DAVID FARNSWORTH, JASEN COON, and CHRISTOPHER PEPLINSKI later applied for car loans and created and used fraudulent car purchase invoices from businesses listed in paragraph 2 to create the impression that the defendants and others were purchasing cars, when, in fact, no car was actually purchased. 6. JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, DANNY COSLOW, and CHRISTOPHER PEPLINSKI, submitted false invoices, and 2
fraudulently obtained car loans for these non-existent sales, and loan proceed checks were subsequently issued to the applicants and car dealerships. 7. JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, DANNY COSLOW, JASEN COON, and CHRISTOPHER PEPLINSKI conducted financial transactions, by depositing car loan proceeds into the nominee bank accounts listed in paragraph 2, and kept the loan proceeds for their own personal use and the use of other defendants. 8. JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, and DANNY COSLOW obtained multiple loans for the same car, creating the false impression to the lender that the car had been sold, when in fact the defendants still possessed the car. 9. JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, and DANNY COSLOW created the false impression that there were no liens on cars, when, in fact, liens had not been released by previous lenders, allowing the defendants to sell the cars using a title that did not reflect any liens. 10. To interfere with and prevent collection efforts by lenders, JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, and CHRISTOPHER PEPLINSKI submitted credit disputes to credit reporting agencies, by facsimile and mail, in which they claimed that their identities had been stolen, and that the car loans had been obtained by some unknown third party, when, in fact, the defendants applied for the loans or caused others to apply for loans, and took possession of the cars or the loan proceeds. In violation of Title 18, United States Code, Section 1349. 3
The Grand Jury further charges: COUNT 2 (Aggravated Identity Theft) 11. The allegations contained in paragraphs 1 through 10 are incorporated by reference. 12. On or about December 30, 2014, in the Western District of Kentucky, Jefferson County, Kentucky, the defendant, JAMESY HAVENS, during and in relation to the offense of conspiracy to commit mail fraud, as charged in Count 1, in violation of Title 18, United States Code, Section 1349, knowingly transferred, possessed and used, without lawful authority, a means of identification of A.M., to wit: JAMESY HAVENS submitted a false credit dispute to Equifax Information Service, by United States mail, containing a police report with a fraudulent identity theft claim and A.M. s name, social security number, and date of birth. In violation of Title 18, United States Code, Sections 1028A(a)(1) and (c)(5) The Grand Jury further charges: COUNTS 3-6 (Laundering of Monetary Instruments) 13. The allegations contained in paragraphs 1 through 12 are incorporated by reference. 14. On or about the dates set forth below, in the Western District of Kentucky, Jefferson County, Kentucky, and elsewhere, the defendants, JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, and DANNY COSLOW, and others, known and unknown to the Grand Jury, aiding and abetting each other and others, did knowingly engage and attempt to engage in the following monetary transactions, by through or to a financial institution, affecting interstate and foreign commerce, in criminally derived property of a value greater than $10,000, that is, the deposit, withdrawal, transfer, and exchange of U.S. Currency, 4
funds, and monetary instruments, such property having been derived from a specified unlawful activity, that is, proceeds of a conspiracy to commit mail fraud, as charged in Count 1: COUNT DEFENDANT DATE MONETARY TRANSACTION 3 HAVENS 6/19/2013 PNC Bank loan check to JAMESY HAVENS for $73,675 to purchase 2014 Jeep VIN ****6008 4 HAVENS 6/21/2013 Fifth Third Bank loan check to JAMESY HAVENS for $25,025.44 to purchase a 2011 Dodge Durango 5 HAVENS/FARNSWORTH 10/26/2013 Ford Motor Credit loan check to DAVID FARNSWORTH for $77,0091.71 to purchase a 2014 Ford F350 VIN ****1412 6 FARNSWORTH 10/24/2013 Chrysler Capital loan check to DAVID FARNSWORTH for $54,814.48 to purchase 2014 Jeep VIN ****6871S In violation of Title 18, United States Code, Sections 1957 and 2. The Grand Jury further charges: COUNTS 7-20 (Laundering of Monetary Instruments-Concealment) 15. The allegations contained in paragraphs 1 through 14 are incorporated by reference. 16. On or about the dates set forth below, in the Western District of Kentucky, Jefferson County, Kentucky, and elsewhere, the defendants, JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, DANNY COSLOW, and CHRISTOPHER PEPLINSKI, and others, known and unknown to the Grand Jury, aiding and 5
abetting each other and others, did knowingly conduct and attempt to conduct the following financial transactions, affecting interstate and foreign commerce, to wit, deposits of loan proceeds to bank accounts designed to appear as legitimate businesses and car dealerships, knowing that the transaction was designed, in whole and in part, to conceal and disguise the nature, location, source, ownership, and control of the proceeds of a specified unlawful activity, that is, conspiracy to commit mail fraud, as charged in Count 1, and while conducting and attempting to conduct such financial transactions, knew the property involved in each financial transaction represented the proceeds of some form of unlawful activity: COUNT DEFENDANT DATE MONETARY TRANSACTION 7 HAVENS/LOVELL 8/23/2013 Nationwide Bank loan check to R.S. and 24/7 Motors for $30,000 deposited to US Bank #14580929906 for purchase of Dodge Charger VIN # 2CDXCTXCH300472 8 HAVENS/LOVELL 8/28/2013 M&T Bank loan check to R.S. and 24/7 Motors for $30,000 deposited to US Bank #145809299061 for purchase of Dodge Charger VIN # 2CDXCTXCH300472 9 HAVENS/FARNSWORTH 10/21/2013 Digital Federal Credit Union loan to DAVID FARNSWORTH and FTD Motors for $35,250 deposited to Forcht Bank # 10150285 10 HAVENS/PEPLINSKI 11/18/2013 Sagelink Credit Union loan check to CHRISTOPHER PEPLINSKI and FTD Motors for $36,101 deposited to Republic Bank # 57603294 11 HAVENS/PEPLINSKI 12/05/2013 Pentagon Federal Credit Union loan to CHRISTOPHER PEPLINSKI and FTD Motors for $42,000 deposited to Forcht Bank # 10150285 6
12 HAVENS/LOVELL/ PEPLINSKI 11/22/2013 Tri-Point Credit Union loan check to CHRISTOPHER PEPLINSKI and FTD Motors Corp for $44,000 deposited to SYB&T #1798731 13 HAVENS/PEPLINSKI 12/9/2013 Community Financial Credit Union loan check to CHRISTOPHER PEPLINSKI and FTD Motors for $44,000 deposited to Republic Bank # 57603294 14 HAVENS/COON/LOVELL 4/22/2014 USAA loan check to JASEN COON for $49,945.81 deposited to FTD Motors at Forcht Bank #10150285 to purchase a 2014 Jeep VIN ****6008 15 HAVENS/COSLOW 11/10/2014 Alliant Credit Union loan check to J.W. and Auto Advantage Co. for $31,850 deposited to Fifth Third Bank #7973625853 16 HAVENS/COON 5/16/2014 USAA loan to JASEN COON and FTD Motors for $32,462 deposited to Forcht Bank # 10150285 17 HAVENS/COSLOW 7/02/2015 PNC Bank loan check to B.F. for $44,987 deposited to Auto Advantage Co. Account 1784367 at SYB&T to purchase a 2014 Ford F350 VIN ****1412 18 HAVENS/COSLOW 6/01/2015 J.P. Morgan loan check to F.C. for $48,773.70 deposited to Auto Advantage Fifth Third Bank Account 7973625853 to purchase 2014 Jeep VIN ****6008 19 HAVENS/COSLOW 6//24/2015 State Dept. FCU loan check to A.P. for $49,985.32 deposited to Auto Advantage account 7973625853 at Fifth Third Bank 20 HAVENS/COSLOW 6/17/2015 M&T Bank loan check to A.P. and Auto Advantage Co. for 7
$48,500 deposited to Forcht Bank # 10177388 In violation of Title 18, United States Codes, Sections 1956(a)(1)(B)(i) and 2. NOTICE OF FORFEITURE 17. If convicted of any violation of Title 18, United States Code, Sections 1028A, 1341, 1349, 1956(a)(1)(B)(i) or 1957, as alleged in Counts 1 through 20 of this Indictment, the defendants, JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, DANNY COSLOW, and CHRISTOPHER PEPLINSKI, shall forfeit to the United States, any property, real or personal, which constitutes or is derived from proceeds obtained, directly and indirectly, and any property involved in or traceable to the offenses alleged in this Indictment. Pursuant to Title 18, United States Code, Sections 981(a)(1)(C), 982(a)(1) and (2), and Title 28, United States Code, Section 2461. A TRUE BILL. JOHN E. KUHN, JR. UNITED STATES ATTORNEY JEK:JDJ FOREPERSON 8
UNITED STATES OF AMERICA v. JAMESY HAVENS, DAVID FARNSWORTH, RONALD LOVELL, JASEN COON, DANNY COSLOW, and CHRISTOPHER PEPLINSKI P E N A L T I E S Count 1: Count 2: Counts 3-6: Counts 7-20: Forfeiture NM 20 yrs./$250,000/both/nm 3 yrs. Supervised Release NL 2 yrs./consecutive/$250,000/both/nm 3 yrs. Supervise Release NM 10 yrs./$500,000/both/nm 3 yrs. Supervised Release NM 20 yrs./$500,000/both/nm 3 yrs. Supervised Release (each count) N O T I C E ANY PERSON CONVICTED OF AN OFFENSE AGAINST THE UNITED STATES SHALL BE SUBJECT TO SPECIAL ASSESSMENTS, FINES, RESTITUTION & COSTS. SPECIAL ASSESSMENTS 18 U.S.C. 3013 requires that a special assessment shall be imposed for each count of a conviction of offenses committed after November 11, 1984, as follows: FINES Misdemeanor: $ 25 per count/individual Felony: $100 per count/individual $125 per count/other $400 per count/other In addition to any of the above assessments, you may also be sentenced to pay a fine. Such fine is due immediately unless the court issues an order requiring payment by a date certain or sets out an installment schedule. You shall provide the United States Attorney's Office with a current mailing address for the entire period that any part of the fine remains unpaid, or you may be held in contempt of court. 18 U.S.C. 3571, 3572, 3611, 3612 Failure to pay fine as ordered may subject you to the following: 1. INTEREST and PENALTIES as applicable by law according to last date of offense. For offenses occurring after December 12, 1987: No INTEREST will accrue on fines under $2,500.00. INTEREST will accrue according to the Federal Civil Post-Judgment Interest Rate in effect at the time of sentencing. This rate changes monthly. Interest accrues from the first business day following the two week period after the date a fine is imposed. PENALTIES of: 10% of fine balance if payment more than 30 days late. 15% of fine balance if payment more than 90 days late. 2. Recordation of a LIEN shall have the same force and effect as a tax lien. 3. Continuous GARNISHMENT may apply until your fine is paid. 18 U.S.C. 3612, 3613 If you WILLFULLY refuse to pay your fine, you shall be subject to an ADDITIONAL FINE of not more than the greater of $10,000 or twice the unpaid balance of the fine; or IMPRISONMENT for not more than 1 year or both. 18 U.S.C. 3615
RESTITUTION If you are convicted of an offense under Title 18, U.S.C., or under certain air piracy offenses, you may also be ordered to make restitution to any victim of the offense, in addition to, or in lieu of any other penalty authorized by law. 18 U.S.C. 3663 APPEAL If you appeal your conviction and the sentence to pay your fine is stayed pending appeal, the court shall require: PAYMENTS 1. That you deposit the entire fine amount (or the amount due under an installment schedule during the time of your appeal) in an escrow account with the U.S. District Court Clerk, or 2. Give bond for payment thereof. 18 U.S.C. 3572(g) If you are ordered to make payments to the U.S. District Court Clerk's Office, certified checks or money orders should be made payable to the Clerk, U.S. District Court and delivered to the appropriate division office listed below: LOUISVILLE: BOWLING GREEN: OWENSBORO: PADUCAH: Clerk, U.S. District Court 106 Gene Snyder U.S. Courthouse 601 West Broadway Louisville, KY 40202 502/625-3500 Clerk, U.S. District Court 120 Federal Building 241 East Main Street Bowling Green, KY 42101 270/393-2500 Clerk, U.S. District Court 126 Federal Building 423 Frederica Owensboro, KY 42301 270/689-4400 Clerk, U.S. District Court 127 Federal Building 501 Broadway Paducah, KY 42001 270/415-6400 If the court finds that you have the present ability to pay, an order may direct imprisonment until payment is made.