Cuyahoga County Court of Common Pleas

Cuyahoga County Court of Common Pleas

Criminal Court Division

State of Ohio,

VS.

Plaintiff

A True Bill Indictment For

Engaging In A Pattern Of Corrupt Activity - F1 ?2923.32(A)(1)

37 Defendants

95 Additional Count(s)

Defendants

Montrea Donaldson, Danielle Sheron, Joshua U. Trundle, Antonio Douglas, Pasquinel R. Averyheart, Clemons Porter III, Terrence Craig Wilson, Antwain D. Jones, Samuel Smith, Angella Kelley, Frank Thompson, Darlene Vernon, Crystal N. Gardenshire, Monica Norton, Janet Noble, Andre Smiler, Michael K. Mankins, Ralph Williams, Michelle Browner, Dewayne Williams, Samuel Norflet, Avionna L. Winfree, Talica M. Green, Latrent Maurice Redrick, James T. Jones, Jiare Clark, Joseph Clutter, Omni Cunningham, Demar E. Day, Kiah Ivory, Lamar Nunley, Marcellina Poole, Malaika Reid, Khalyl T. Wadley, Roger E. Wiley, Kimberly Mankins, Darrin Roulette

Dates of Offense (on or about)

06/30/2014 to 11/01/2017

The Term Of

January of 2018

Case Number

626435-18-CR

} The State of Ohio, SS. Cuyahoga County

Count 1

Engaging In A Pattern Of Corrupt Activity - F1 ?2923.32(A)(1)

Defendants

Montrea Donaldson, Danielle Sheron, Joshua U. Trundle, Antonio Douglas, Pasquinel R. Averyheart, Clemons Porter III, Terrence Craig Wilson, Antwain D. Jones, Samuel Smith, Angella Kelley, Frank Thompson, Darlene Vernon, Crystal N. Gardenshire, Monica Norton, Janet Noble, Andre Smiler, Michael K. Mankins, Ralph Williams, Michelle Browner, Dewayne Williams, Samuel Norflet, Talica M. Green, James T. Jones, Jiare Clark, Joseph Clutter, Omni Cunningham, Demar E. Day, Kiah Ivory, Lamar Nunley, Marcellina Poole, Malaika Reid, Khalyl T. Wadley, Roger E. Wiley, Kimberly Mankins, Darrin Roulette

Date of Offense On or about June 30, 2014 to October 4, 2017

The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF OHIO, do find and present, that the above named Defendant(s), on or about the date of the offense set forth above, in the Counties of Cuyahoga, Lake, and Summit, unlawfully

while employed by, or associated with, any enterprise did conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt activity or the collection of an unlawful debt and at least one of the incidents of corrupt activity was a felony of the first, second, or third degree, aggravated murder, or murder, or at least one of the incidents was a felony under the law of this state that was committed prior to July 1, 1996, and constituted a felony of the first, second, or third degree, aggravated murder, or murder or was committed on or after July 1, 1996, or one of the incidents of corrupt activity was a felony under the law of the United States or of another state that, if committed in this state on or after July 1, 1996, would have constituted a felony of the

Foreperson of the Grand Jury

Page 1 of 38

Prosecuting Attorney

Cuyahoga County Court of Common Pleas

A True Bill Indictment

first, second, or third degree, aggravated murder, or murder under the law of this state. To wit:

The Enterprise On or between June 2014 through November 2017, in the County of Cuyahoga, State of Ohio, or by some manner enumerated in Section 2901.12 of the Revised Code whereby proper venue is placed in Cuyahoga County, DEFENDANTS, were associated with an Enterprise, as defined in section 2923.13(c) of the Revised Code.

This Enterprise existed separate and apart from the pattern of corrupt activity in which it engaged. In the alternative, this Enterprise is an "illicit enterprise" under O.R.C. 2923.22, whether or not this Enterprise existed separate and apart from the pattern of corrupt activity described in this Indictment. This Enterprise functioned as a continuing unit by engaging in the diverse forms of illegal activities, as stated in this Indictment. In so doing, the DEFENDANTS NAMED BELOW are persons associated with the Enterprise who participate in and/or managed the affairs of the Enterprise, as explained in this Indictment. As such, these purposes ? the pattern of corrupt activity, to wit: an organized counterfeit check ring whose purpose was to steal money from local attorneys IOLTA accounts, insurance companies, local businesses, and other entities.

This Enterprise and the Persons associated with the Enterprise were joined in purpose over a period of time, although their various roles were different in order to accomplish the main purposes of the Enterprise. These activities occurred with the knowledge and/or support and/or aided and abetted by each of the persons associated with the Enterprise.

The Enterprise in this matter consisted of Montrea Donaldson, Joseph Clutter, Roger Wiley, Khalyl Wadley, Latrent Redrick, Monica Norton, Antonio Douglas, Atwain Jones, Samuel Smith, Clemons Porter, Montrea Donaldson, Terrence Wilson, Frank Thompson, Darlene Vernon, Crystal Gardenshire, Janet Noble, Kendrick Blakney, Dontez Elam, Brianna Dixon, Darrin Roulette, Kimberly Mankins, Michael Mankins, Michelle Browner, Dewayne Williams, Demar Day, Samuel A. Norflet, Avionna Winfree, Demar Dey, Maliaka Reid, Marcellina K. Poole, Kiah Ivory, Omni Cunningham, Jiare Clark, Lamar Nunley, James Jones, Talica Green, Joshua Trundle, Angella Kelley, Arryiona Lumpkin, Daniel Sheron, Pasquinel Averyheart, and other yet unknown, each of whom did conduct and/or participate in, directly or indirectly in the affairs of said Enterprise, to wit: a group associated in fact for the purpose of engaging in counterfeit check ring, uttering, theft, telecommunications fraud, money laundering, and burglary through a pattern of corrupt activity as defined in Section 2923.31(I)(2) or 2923.31(I)( 2)(C) of the Ohio Revised Code.

The Enterprise consists of all of the above named and unnamed individuals who are involved in a highly sophisticated organized counterfeit check ring managed and directed by Montrea Donaldson (hereinafter Donaldson). The ring's sole purpose was to create counterfeit checks in numerous named individuals, also known as "walkers" who would then cash the checks at local banks. The accounts that were listed on the counterfeit checks were from various businesses and entities, attorney accounts, and local banks, all for the purpose to steal money from the victims by deception. The Enterprise was managed, organized, and directed by Donaldson. Donaldson who has extensive schooling on use of computers and knowledge of how to create counterfeit checks was the driving force behind this massive fraud which was perpetrated.

Foreperson of the Grand Jury

Page 2 of 38

Prosecuting Attorney

Cuyahoga County Court of Common Pleas

A True Bill Indictment

To be able to accomplish the goals of the enterprise, Donaldson needed to organize resources to accomplish his thievery. Donaldson first needed to acquire the physical hardware needed to create the checks. Donaldson then acquired a laptop, computer, a printer and the software programs needed to physically create the checks. Donaldson then needed to have the computer skills needed to create the checks on the computers. As a result of the investigation it was found that Donaldson had completed over 1,400 hours of computer instruction including 720 hours of computer office technology, and 720 hours to become a Microsoft Office certified specialist. This fact was demonstrated when it took over 3 weeks for the federal computer analyst to gain access to Donaldson's encrypted data.

Donaldson then engaged numerous individuals in the following ways to accomplish his corrupt activity:

1) Recruiters: Donaldson needed different names (walkers) to be placed on the numerous counterfeit checks to be created. Donaldson then engaged Latrent Redrick, Monica Norton, Joseph Clutter, Roger Wiley, Khalyl Wadley, Ralph Williams, and Andre Smiler to act as recruiters. Their job was to find as many individuals as possible who had a valid state ID or a driver's license in order to cash (bust) the checks. At times some of the recruiters also acted as walkers.

2) Walkers: these are the individuals who would actually go into the banks with their ID's or driver's licenses and negotiate the fraudulent checks. These individuals would be approached by the recruiters who would offer them a quick way to make money. The investigation revealed upwards of thirty-five individuals whose role was simply to cash the checks. At times some of the walkers never met Donaldson since they were contacted and handled through the recruiters.

3) Account Numbers: Donaldson needed valid bank account numbers in order for the counterfeit checks to be negotiated at the banks. To accomplish this part of the enterprise, Donaldson or his associated would simply ask various individuals for account numbers of businesses they had contact with, have associates do trash pulls to find account numbers, or would take photos of checks that would show routing and account numbers that he would later utilize to create counterfeit checks in furtherance of goals the enterprise.

Once the resources were in place, Donaldson would instruct the walkers, or a recruiter handling the walkers, on how to cash the counterfeit checks when going to the bank. Donaldson would pick which bank depending on where the account came from, which branch to go to, what time of day to go, and what to say and do during the transaction. The walkers were also instructed on what to look for if there was trouble, i.e. the teller would need to go in the back and verify the check or the teller would call the entity on the check. In either instance, the walker was instructed to immediately leave the bank and take the check. The investigation revealed and caught on surveillance cameras the walkers doing exactly as instructed; however, the walkers on occasion were not able to retrieve the check as they left the bank.

Foreperson of the Grand Jury

Page 3 of 38

Prosecuting Attorney

Cuyahoga County Court of Common Pleas

A True Bill Indictment

The investigation also revealed that Donaldson, in order to avoid the bank verifying the counterfeit check, on one occasion sent two of his co-conspirators (Clemons Porter and Terrance Wilson) into the law office of John Spellacy to forward the office phone to another phone number controlled by Donaldson. Inside the office Clemons Porter, after distracting the office personnel did forward the incoming calls to coordinate the walkers (Antwain Jones) attempting to cash fraudulent checks from the victim's IOLTA account at that specific time. Furthermore, Donaldson utilized gloves while creating checks which illustrates demonstrates the sophistication of the enterprise that was completely directed by Donaldson.

The enterprise also engaged individuals to be the "drivers" whose function was to drive the walkers to various banks to cash the checks. A known driver is Samuel Smith; however there are a number of drivers unknown at this time. At least on one occasion Donaldson permitted his car to be utilized by the walkers.

The recruiters known at this time who also acted as walkers are: Joseph Clutter, Roger Wiley, Khalyl Wadley, Latrent Redrick, and Monica Norton.

The walkers known at this time are: Antonio Douglas, Atwain Jones, Samuel Smith, Clemons Porter, Montrea Donaldson, Terrence Wilson, Frank Thompson, Darlene Vernon, Crystal Gardenshire, Janet Noble, Kendrick Blakney, Dontez Elam, Brianna Dixon, Darrin Roulette, Kimberly Mankins, Michael Mankins, Michelle Browner, Dewayne Williams, Demar Day, Samuel A. Norflet, Avionna Winfree, Demar Dey, Maliaka Reid, Marcellina K. Poole, Kiah Ivory, Omni Cunningham, Jiare Clark, Lamar Nunley, James Jones, Talica Green, Joshua Trundle, Angella Kelley, Arryiona Lumpkin, Daniel Sheron, Pasquinel Averyheart

The enterprise, who was led by Donaldson, disseminated 75 checks throughout Cuyahoga, Lake, and Summit Counties with a face value of $165,851.22 of which 59 checks were successfully cashed/deposited for an actual loss of approximately $83,224.03.

In order to further promote the goals of the enterprise and to facilitate the pattern of corrupt activity, Montrea Donaldson, Kimberly Mankins, Michael Mankins, Ralph Williams, Kiah Ivory, Roger Wiley, Khalyl Wadley, Joseph Clutter, Joshua Trundle, Danielle Sheron, and Pasquinel Averyheart deposited counterfeit checks into banks accounts and then subsequently engaged in multiple bank transactions in order to obtain the illegal proceeds.

Furthermore, all of the proceeds of the unlawful passing of the counterfeit checks were distributed among the players of which distribution was dependent on that particular context; however, Donaldson always got the largest cut of the stolen money.

Affairs of the Enterprise 1. Did knowingly by deception obtain or exert control over property to deprive the owner of said property.

2. Did by stealth and/or deception trespass in an occupied or in a separately secured or separately occupied portion of an occupied structure when another person other than an

Foreperson of the Grand Jury

Page 4 of 38

Prosecuting Attorney

Cuyahoga County Court of Common Pleas

A True Bill Indictment

accomplice of the offender is present with purpose to commit any criminal offense.

3. Did knowingly, have a scheme to defraud, disseminate, transmit, or cause to be disseminated or transmitted by means of a wire, radio, satellite, telecommunication, telecommunication device or service any writing, data, sign, signed, picture, send an image with the purpose to execute or otherwise further the scheme to defraud.

4. Did knowingly with purpose to defraud, utter, or passes with the purpose to utter, any writing that person knowns to have been forged.

5. Did conduct or attempt to conduct a transaction with the purpose to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of corrupt activity.

Pattern of Corrupt Activity 1. Theft 2913.02(A)(3): No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in by deception.

2. Burglary 2911.12(A)(3): No person, by force, stealth, or deception shall trespass in an occupied structure or in separately occupied portion of the structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense.

3. Telecommunications Fraud 2913.05(A): No person, having devised a scheme to defraud, shall knowingly disseminate, transmit, or cause to be disseminated, or transmitted by means of a wire, radio, satellite, telecommunication, telecommunications devise, or telecommunications service any writing, data, signal, picture, sound, or image with purpose to execute or otherwise further the scheme to defraud.

4. Uttering 2913.31(A)(3): No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall utter, or possess with purpose to utter, a writing that the person knows to have been forged.

5. Money Laundering 1315.55(A)(3): No person shall conduct or attempt to conduct a transaction with the purpose to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of corrupt activity.

Incidents of Corrupt Activity The Enterprise in this matter consisted of: Montrea Donaldson, Joseph Clutter, Roger Wiley,

Khalyl Wadley, Latrent Redrick, Monica Norton, Antonio Douglas, Atwain Jones, Samuel Smith, Clemons Porter, Montrea Donaldson, Terrence Wilson, Frank Thompson, Darlene Vernon, Crystal Gardenshire, Janet Noble, Kendrick Blakney, Dontez Elam, Brianna Dixon, Darrin Roulette, Kimberly Mankins, Michael Mankins, Michelle Browner, Dewayne Williams, Demar Day, Samuel A. Norflet, Avionna Winfree, Demar Dey, Maliaka Reid, Marcellina K. Poole, Kiah Ivory, Omni Cunningham, Jiare Clark, Lamar Nunley, James Jones, Talica Green, Joshua Trundle, Angella Kelley, Arryiona Lumpkin, Daniel Sheron, Pasquinel Averyheart, and others yet to be identified, each of whom did conduct or participate in, directly or indirectly, the affairs of said enterprise, to-

Foreperson of the Grand Jury

Page 5 of 38

Prosecuting Attorney

Cuyahoga County Court of Common Pleas

A True Bill Indictment

wit: a group of persons "associated in fact" for the purposes of engaging in THEFT, BURGLARY, TELECOMMUNICATIONS FRAUD, FORGERY, and MONEY LAUNDERING through a pattern of corrupt activity as defined in Section 2923.31(I)(2)(a) or (I)(2)(c) of the Revised Code.

The required predicate acts constituting the pattern of corrupt activity as defined in Section 2923.31(E) include listed criminal violations of Ohio Revised Code TITLE 29, THEFT, BURGLARY, TELECOMMUNICATIONS FRAUD, FORGERY, and MONEY LAUNDERING, as alleged in the following: COUNTS ONE through NINETY-SIX of the indictment, all alleged as Predicate Acts, which are incorporated herein as if fully restated.

Furthermore, pursuant to Section 2923.32(B)(1), at least one of the incidents of corrupt activity, as defined in Section 2923.31(I)(2)(a) or (I)(2)(c) is a felony of the third degree or higher ? COUNTS TWO, THREE, TWENTY, TWENTY-ONE, SEVENTY-FOUR, EIGHTY-THREE through EIGHTY-FIVE, EIGHTY-NINE, NINETY, NINETY-FOUR through NINETY-SIX , in violation of Section 2923.32(A)(1) of the Ohio Revised Code, and thereby, this COUNT ONE, Engaging in a Pattern of Corrupt Activity, constitutes a Felony of the First degree, in violation of the Ohio Revised Code, Title 29, in 2923.32(A)(1) and against the peace and dignity of the State of Ohio.

The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Count 2

Aggravated Theft - F3 ?2913.02(A)(1)

Defendants

Montrea Donaldson, Danielle Sheron, Joshua U. Trundle, Antonio Douglas, Pasquinel R. Averyheart, Clemons Porter III, Terrence Craig Wilson, Antwain D. Jones, Samuel Smith, Angella Kelley, Frank Thompson, Darlene Vernon, Crystal N. Gardenshire, Monica Norton, Janet Noble, Andre Smiler, Michael K. Mankins, Ralph Williams, Michelle Browner, Dewayne Williams, Samuel Norflet, Talica M. Green, James T. Jones, Jiare Clark, Joseph Clutter, Omni Cunningham, Demar E. Day, Kiah Ivory, Lamar Nunley, Marcellina Poole, Malaika Reid, Khalyl T. Wadley, Roger E. Wiley, Kimberly Mankins, Darrin Roulette

Date of Offense On or about June 30, 2014 to October 4, 2017

The grand jurors, on their oaths, further find that the Defendant(s) unlawfully

did with purpose to deprive the owner, John Spellacy & Associates, Robert Vechhio Law Firm, Utica First Insurance Company, Muldoon's Saloon, Cuyahoga County Land Reutilization Corp, Triad Staffing, PS Cleveland, G-Lancer on 21, Singleton Construction Company, Lawrence Kahn, Kent State University, Thomas Lane Inc., Dave's Supermarket, Chagrin Wine and Beverage, Mookie's Beverage, John's Deli, Walmart, Check `n Go, CheckSmart, Ace Cash Express, LeeHarvard Convenience Store, Key Bank, PSE Credit Union, PNC Bank, US Bank, Fifth Third Bank,

Foreperson of the Grand Jury

Page 6 of 38

Prosecuting Attorney

Cuyahoga County Court of Common Pleas

A True Bill Indictment

Huntington National Bank, Cleveland Fire Fighter's Credit Union, of money or services, knowingly obtain or exert control over either the property or services without the consent of the owner or person authorized to give consent and the property or services stolen is valued at $150,000 or more and less than $750,000.

The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Count 3

Burglary - F2 ?2911.12(A)(1)

Defendants

Montrea Donaldson, Clemons Porter III, Terrence Craig Wilson, Antwain D. Jones, Samuel Smith

Date of Offense On or about July 19, 2017

The grand jurors, on their oaths, further find that the Defendant(s) unlawfully

did, by force, stealth, or deception, trespass, as defined in section 2911.21(A)(1) of the Revised Code, in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person, not the accomplice of the offender, was present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, to wit: Telecommunications Fraud, 2913.05(A), and/or Theft, 2913.02.

The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Count 4

Telecommunications Fraud - F5 ?2913.05(A)

Defendants

Montrea Donaldson, Clemons Porter III, Terrence Craig Wilson, Antwain D. Jones, Samuel Smith

Date of Offense On or about July 19, 2017

The grand jurors, on their oaths, further find that the Defendant(s) unlawfully

having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud.

The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Foreperson of the Grand Jury

Page 7 of 38

Prosecuting Attorney

Cuyahoga County Court of Common Pleas

A True Bill Indictment

Count 5

Forgery - F4 ?2913.31(A)(3)

Defendants

Montrea Donaldson, Antwain D. Jones, Samuel Smith

Date of Offense On or about July 19, 2017

The grand jurors, on their oaths, further find that the Defendant(s) unlawfully

with purpose to defraud, or knowing that he is facilitating a fraud on John J. Spellacy & Associates and/or Fifth Third Bank, did utter, or possess with purpose to utter, any writing, to wit: check unknown, dated unknown, in the amount of $7,500, payable to Antwain Jones, that Montrea Donaldson, Antwain Jones, and Samuel Smith knows to have been forged and the value of the property or services or the loss to the victim is $7,500 or more and is less than $150,000.

The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Count 6

Forgery - F4 ?2913.31(A)(3)

Defendants

Montrea Donaldson, Antwain D. Jones, Samuel Smith

Date of Offense On or about July 19, 2017

The grand jurors, on their oaths, further find that the Defendant(s) unlawfully

with purpose to defraud, or knowing that he is facilitating a fraud on John J. Spellacy & Associates and/or Fifth Third Bank, did utter, or possess with purpose to utter, any writing, to wit: check unknown, dated unknown, in the amount of $7,500, payable to Antwain Jones, that Montrea Donaldson, Antwain Jones, and Samuel Smith knows to have been forged and the value of the property or services or the loss to the victim is $7,500 or more and is less than $150,000.

The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Count 7

Forgery - F5 ?2913.31(A)(3)

Defendants

Montrea Donaldson, Antwain D. Jones, Samuel Smith

Date of Offense On or about July 20, 2017

The grand jurors, on their oaths, further find that the Defendant(s) unlawfully

with purpose to defraud, or knowing that he is facilitating a fraud on John J. Spellacy & Associates and/or Fifth Third Bank, did utter, or possess with purpose to utter, any writing, to wit: check 3963, dated 07/20/2017, in the amount of $497.00, payable to Antwain Jones, that Montrea Donaldson, Antain D. Jones, and Samuel Smith knows to have been forged.

The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Foreperson of the Grand Jury

Page 8 of 38

Prosecuting Attorney

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