Case 1:11-cr-00388-AJT Document 68

Filed 11/03/11 Page 1 of 4 PageID# 250

IN THE UNITED STATES DISTRICT COURT FOR TH EASTERN DISTRICT OF VIRGINIA

Alexandria Division

UNITED STATES OF AMERICA

v.

Crim. No. l:ll-CR-388

USMAN MUHAMMED, aka "Ush," aka "Moe,"

Defendant.

STATEMENT OF FACTS

The United States and the Defendant, USMAN MUHAMMED, agree that, at trial, the

United States would have proven the following facts beyond a reasonable doubt with admissible
and credible evidence:

1.

From at least in or about the later part of 2010 through in or about June 2011,

USMAN MUHAMMED conspired with William Samuel Martin, Olubunmi Oladapo Komoiafe, Raoul Lycorish, Anthony Danero Thomas and others in an identity theft ring. 2. MUHAMMED and his coconspirators recruited, trained, and paid restaurant servers

to swipe customers' credit cards through a skimmer when those customers paid for their meals.
3. MUHAMMED and his coconspirators used device-making equipment to re-encode

credit cards and gift cards with stolen credit card numbers.
4. MUHAMMED and his coconspirators used re-encoded credit cards and gift cards to

purchase merchandise and gift cards at stores located in Virginia, Maryland, and Pennsylvania.

5.

MUHAMMED and his coconspirators recruited, trained, and paid "runners" to a) use

re-encoded credit cards and gift cards to purchase merchandise and gift cards and b) return

previously purchased merchandise to a retailer for cash in Virginia and Maryland.

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6.

On or about February 22, 2011, MUHAMMED and a coconspirator possessed and

operated device-making equipment, connected to a laptop computer to re-encode credit cards. 7. On or about February 22,2011, MUHAMMED and a coconspirator transferred re-

encoded credit cards to Coconspirator 3 ("CC-3"), a "runner," to purchase gift cards.

8.

On or about February 22,2011, CC-3 purchased $500 of gift cards at a Target store

in Wheaton, Maryland. CC-3 paid for the gift cards with a re-encoded credit card. The magnetic

stripon the back of the creditcard was re-encoded with Capital One Bank account number ending
in 2689.

9.

The cost of the February 22,2011 transaction was charged to Capital One Bank

account number ending in 2689.

10.

At the time of the transaction, Capital One Bank account number ending in 2689

belonged to Jennifer F., who was an account holder at Capital One Bank. MUHAMMED did not
have lawful authority to use the account number.

11.

On or about July 14, 2011, MUHAMMED had on his person four (4) counterfeit and

unauthorized access devices.

12.

On or about July 14, 2011, MUHAMMED possessed one hundred and twenty (120)

counterfeit and unauthorized access devices on his computer.

13. MUHAMMED and his coconspirators effected over a thousand transactions with

skimmed creditcard numbers in the Eastern District of Virginia and elsewhere between January
2010 and June 2011.

14.

All of the credit card numbers used by MUHAMMED and his coconspirators

belonged to real individuals, and MUHAMMED knew that those credit card numbers belonged to
real individuals. MUHAMMED did not have lawful authority to use any of those account numbers
to effect transactions.

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15.
victims.

The actions of MUHAMMED and his coconspirators involved more than 250

16.

This Statement of Facts includes those facts necessary to support the Plea Agreement

between the Defendant and the Government. It does not include each and every fact known to the
Defendant or to the Government, and it is not intended to be a full enumeration of all of the facts

surrounding the Defendant's case.

17.

The actions of the Defendant, as recounted above, were in all respects knowing and

deliberate, and were not committed by mistake, accident, or other innocent reason. 18. This Statement of Facts signed by the Defendant shall be admissible as a knowing

and voluntary confession in any proceeding against the Defendant regardless of whether the Plea Agreement is presented to, or accepted by, a court. Moreover, the Defendant waives any rights that
the Defendant may have under Fed. R. Crim. P. 11(0, Fed. R. Evid. 410, the United States Constitution, and any federal statute or rule to object to the admissibility of the Statement of Facts in any such proceeding.
Respectfully submitted,
Neil II. MacBridc

United States Attorney

By:

/JajLj^j y. &(t
Andrew K. Mann 2100 Jamieson Avenue

^ w/\___

Special Assistant United States Attorney United States Attorney's Office

Alexandria, VA 22314
Phone: 703.299.3907

Andrcw.Mann@usdoj .gov

Date: November \, 2011

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DEFENDANT'S STIPULATION AND SIGNATURE

After consulting with my counsel, I hereby stipulate that the above Statement of Facts is true

and accurate, and that had the matter proceeded to trial, the United States would have proved the
same beyond a reasonable doubt.

Date: November .S, 2011

*r.AL USMAN MUHAMMED

Defendant

DEFENSE COUNSEL'S SIGNATURE

I am the counsel for USMAN MUHAMMED. I have carefully reviewed the above

Statement of Facts with the Defendant. To my knowledge, the Defendant's decision to stipulate to
these facts is informed and voluntary.

Date: November-^_, 2011

'f>

By:

Peter D. Greenspun
Counsel for the Defendant