STATE OF INDIANA



STATE OF INDIANA IN THE MARION SUPERIOR COURT

MARION COUNTY, ss: CRIMINAL DIVISION

|THE STATE OF INDIANA |) |INFORMATION |

|vs. |) | |

| |) |COUNT I |

|DeJuan Lamont Bouvean 03/01/1972 |) |WELFARE FRAUD, CLASS C FELONY |

|a/k/a |) |I.C. 35-43-5-7 |

|DuJuan Lamont Poston; Juan L. Bovean; |) | |

|DeJuan Bovean; Juan Boufan; DeJuan Bouvean; Juan Borean; DeJaun |) |COUNT II |

|Bouvean |) |THEFT, CLASS D FELONY |

| |) |I.C. 35-43-4-2 |

|CAUSE NO. |) | |

|(AS TO COUNT(S) I, II |) | |

| |) | |

On this date, M. Toy came before the Prosecuting Attorney of the Nineteenth Judicial Circuit and, being duly sworn (or having affirmed), stated that in Marion County, Indiana:

COUNT I

DeJuan Lamont Bouvean, on or about or between March 04, 2008 and October 31, 2009, did knowingly obtain the benefit of public relief or assistance that is: HUD Section 8 subsidized Housing Assistance Payments of $400 per month, and, HUD Section 8 subsidized Utility Assistance Payments, in an amount more than two thousand five hundred dollars ($2,500), by concealing information from the U.S. Department of Housing & Urban Development and the Indianapolis Housing Agency, that is, false statements, criminal activity, household occupancy and/or household income and assets, for the purpose of receiving public relief or assistance to which he was not entitled;

COUNT II

DeJuan Lamont Bouvean, on or about between March 04, 2008 and October 31, 2009, did knowingly exert unauthorized control over the property, that is: HUD Section 8 Housing Assistance Payments, and, HUD Section 8 Utility Assistance Payments, of the U.S. Department of Housing & Urban Development and the Indianapolis Housing Agency, with intent to deprive the U.S. Department of Housing & Urban Development and the Indianapolis Housing Agency of any part of the value or use of said property;

All of which is contrary to statute and against the peace and dignity of the State of Indiana.

I swear or affirm under penalty of perjury as specified by IC.35-44-2-1 that the foregoing representations are true.

______________________________ ___________________

Affiant Date

CARL BRIZZI

Marion County Prosecutor

19th Judicial Circuit

____________________

Deputy Prosecuting Attorney

State’s Witnesses:

M. Toy T7849 IHPD

S. Golden G7336 IHPD

C. Williams W9109 HUD OIG

J. Barney B5397 IHPD

M. Mays M7600 IHPD

D. Wisneski X5917 IMPD

A. Leineberger L0544 IMPD

R. Flores 30440 IMPD

K. Olson 21175 IMPD

N. Pilkington 30713 IMPD

S. Bunton 30726 IMPD

G. Barbieri B5029 IMPD

C. Rhodes 20970 IMPD

A. Rizzi R8908 IMPD

Judy Poston

Kelly Poston

Taffy Poston

James Poston

Antonio Offutt

Linda Jenkins

Estella Poston

Lorita Arnold – IHA Section 8 Finance

Arnold Patton – IHA Section 8 Program Manager

2009PCCHARGBOUVEAN/PSHAWK/G7336

AFFIDAVIT

For Probable Cause

STATE OF INDIANA, COUNTY OF MARION, ss:

I, MARYTZA L. TOY ID T7849 swear and affirm that: I am a police officer with the Indianapolis Housing Police Department, “IHPD”, assigned to the Office of Special Investigations “OSI” since July 1999. I was also previously assigned to the United States Drug Enforcement Administration “DEA” Task Force, Indianapolis District Office from October 2004 through October 2008.

Assisting with this investigation is CARI WILLIAMS ID W9109, a Special Agent with the U.S. Department of Housing & Urban Development Office of the Inspector General “OIG” assigned to the Indianapolis duty station.

In our capacity we have been conducting a continuing investigation into the theft, forgery and misappropriation of federal funds received by the Indianapolis Housing Agency “IHA” a/k/a Indianapolis Public Housing Authority “IPHA”, from the United States Department of Housing & Urban Development “HUD”. To date more than 350 persons have been charged in the Marion Superior Court and/or the United States District Court with violations of Title 18 and Title 24 of the Federal Code.

This is a Targeting Violent Crime Initiative “TVCI” case, under Operation Clean Sweep, funded by the United States Department of Justice targeting violent crime and criminals linked to federally assisted housing programs in the City of Indianapolis Indiana, project identification number 2007-DD-BX-0641.

That this investigation is brought in compliance with 24CFR792.101, Title 24 Code of Federal Regulations, Housing & Urban Development, which requires public housing authorities to investigate and pursue instances of tenant and owner fraud and abuse in the operation of the Public Housing program. This investigation is also in compliance with HUD Notice PIH-2003-24 (HA), the Rental Housing Integrity Improvement Project Initiative “RHIIP”.

That the Indianapolis Housing Agency is the recipient of federal funds in the forms of vouchers, operating subsidies, capitol funds and administrative fees from HUD for the operation of Public Housing. That said funds are electronically transmitted by HUD through its LOCCS system into various financial accounts maintained by the IHA.

Public Housing is designed to help low income families rent apartment. Requirements for the program are issued through HUD headquarters, as regulations, Congressional Federal Register notices “CFR” or other binding program directives, administered by the Office of Public and Indian Housing “PIH”.

THAT THE AFFIANT REQUESTS THAT PROBABLE CAUSE BE FOUND FOR THE ISSUANCE OF AN ARREST WARRANT FOR:

|DeJuan L. Bouvean |

|DOB 03/01/1972 |

|3029 Forest Manor Avenue, Indianapolis IN 46218 |

OVERVIEW SUMMARY OF FEDERALLY ASSISTED HOUSING

1. That all official business records, contracts and other official documents, authorizations and program management originate from IHA headquarters at 1919 North Meridian Street, and prior to May 2000 originated from 5 Indiana Square. Records are routinely transmitted via secure transmission over the Internet, via the United States Postal Service “USPS”, Federal Express and VOIP communications.

2. The Section 8 program is designed to help low income families rent apartments or homes in the private market in both Marion County Indiana and in a certain radius of the contiguous counties to Marion County Indiana. Under this program, HUD provides funds to IHA for rent subsidy on behalf of eligible families, pursuant to Section 8 of the United States Housing Act of 1937 (42 United States Code 1437f).

3. HUD requirements for the Public Housing program are issued through HUD headquarters, as regulations, Congressional Federal Register notices “CFR” or other binding program directives, administered by the Office of Public and Indian Housing in Washington D.C.

4. The Section 8 program is a federally assisted housing program where

HUD/IHA pays private market landlords to house eligible recipients. Recipients are required to follow rules, regulations and requirements to receive that assistance.

At a minimum once a year recipients are required to personally report to

IHA to re-certify for assistance where they sign and certify applications, declarations, statements and affirmations as to their knowledge of the program and their responsibilities to report income, assets, employment, public assistance, and household composition. This is a repetitive process year after year.

In particular, beginning in FY 2003, the process was further enhanced where recipients are required to sign specific certification and verification forms that they personally attended a recertification briefing and that they understand all their responsibilities, obligations and requirements.

The increasing number of fraudulent applications facilitated the change due to declarations being made by recipients who conceal information, or after criminal prosecution claimed they did not know or did not understand the process.

Recipients receive written notice via the U.S. Mail when to report for their annual recertification, and they are provided in advance of their appointment various HUD or IHA forms reminding them of their responsibilities and obligations.

Any changes in a recipients status must be reported in writing to the

IHA within 10 days of the change occurring. This includes changes in income, household composition, and receipt of public assistance such as food stamps, TANF or AFDC, or receipt of cash lump sum payments, such as lottery winnings, insurance payments, real estate or proceeds from a lawsuit. All bank accounts must be disclosed.

No one is permitted to live in a federally assisted household unless they

Are reported in advance, in writing, and they must be approved in advance by the IHA.

Recipients acknowledge and must and comply with the One Strike Policy of the U.S. Department of Housing & Urban Development that prohibits criminal conduct or activity by any recipient of federally assisted housing.

The One Strike Policy was upheld by the United States Supreme Court in 2002 in the case of Rucker vs. Oakland Housing Authority. In addition to a criminal arrest, a person can be denied assistance for a pattern of criminal activity, and the regulation does not require an arrest or even a conviction of a crime to be denied.

The regulation specifically identifies prohibited acts including drug related activity, gang related activity, rape, murder, and any criminal activity on or off the premises of the federally assisted home. In particular, sex offenders and methamphetamine users are subject to a lifetime denial of any federal assistance.

Before a person can be approved as part of the household composition, the IHA performs a criminal history background check. Recipients are well aware of this requirement. Most if not all who have unreported persons living in their household, known more commonly as “live-ins”, will knowingly and intentionally conceal the unreported person due to their personal knowledge of the individuals criminal history or criminal conduct. Both investigators have found this to be a common practice.

In addition to criminals living in federally assisted homes, this creates the

Largest single fraudulent practice, that being unreported persons with employment or public assistance income that is intentionally concealed. In addition to lawful employment, many of these criminals are living a lifestyle supplemented from the proceeds of their illegal enterprises.

This results in improper payments being made to landlords and makes less federal funds being available to provide safe, sanitary and affordable housing. Federal regulations also prohibit a recipient from having any interest in the home that taxpayers are paying for, under the “Relative Rule”. No one can live in a Section 8 unit unless they are reported in advance, and approved in advance by the IHA.

Recipients cannot have a duplicate residence, and must reside in the federally assisted home that HUD is paying for.

5. The IHA accepts no changes or actions from recipients or landlords unless it is in writing, submitted with an IHA Verification form, and signed and dated. The IHA does not accept or recognize any change in status either verbally in person or over the telephone. Recipients/landlords are well advised and aware of this policy.

6. As a result of the recipient signing and acknowledging all program rules and regulations, HUD/IHA will enter into written contracts known as Housing Assistance Payments “HAP” contracts with prospective landlords. Under the terms of those contracts, which are lengthy and specific, HUD/IHA will on a monthly basis pay the landlord for the rent of the recipient. The amount that IHA pays is based on the recipient’s declarations, certifications and affirmations as to income, assets, employment.

The HAP contract clearly defines the approved household composition, and clearly defines the responsibilities of both the recipient and the landlord to receive federally assisted housing payments. Landlords are responsible to screen applicants for suitability and for their continuing conduct while receiving federal assistance.

Many recipients, based on their declarations of zero income, are eligible for and receive monthly cash assistance from the IHA for their utilities, receiving monthly Utility Assistance Payments “UAP”. Due to the counterfeiting of IHA checks, the IHA discontinued issuing checks in 2005 and transitioned to the issuance of EBT cards.

7. That the IHA is mandated by HUD regulations to administer federally assisted housing programs so they are compliant with the directives of Congress. Further, the IHA has additional and supplemental rules and regulations that are locally initiated under the IHA Annual Operating Plan adopted by the Board of Commissioners.

Regulations for the Public Housing & Section 8 programs are somewhat similar.

8. Title 18, Section 1001 US Code states that a person who falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes any materially false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; to any department or agency of the United States Government shall be fined under this title or imprisoned not more than 5 years, or both.

9. I.C. 35-43-5-7 Indiana Code states that a person who knowingly obtains public relief or assistance, that is {Section 8 rent assistance} in an amount more than two thousand five hundred dollars, by means of false or misleading oral or written statements, has committed Welfare Fraud, a class C Felony.

10. Establishing residency of unreported persons is obtained through various sources, including eyewitness accounts, police reports, 911 CAD calls, court records, jail records, income tax returns, HUD Enterprise Information Verification system, Indiana Department of Workforce Development records, employment records, other Federal law enforcement agencies involved in Homeland Security, other Federal and State agencies. It has also been the practice of the Indiana Bureau of Motor Vehicles since 2002, in an effort to combat identity fraud, that persons obtaining either a drivers license or identification card must provide proof of residency and occupancy, those documents are found in BMV microfilm records.

.

Probable Cause Attachment A

11. The attachment details the entire history of federally assisted housing provided to recipient Kathryn Poston who resided at 3029 Forest Manor Avenue, Indianapolis IN. HUD Housing Assistance Payments were delivered from 1995 through October 2009 to Ms. Darnell Jenkins a/k/a Linda Jenkins of Hammond Indiana (Lake County) that benefitted recipient Kathryn Poston and defendant DeJuan Bouvean in the total amount of $68,615.

12. Investigation found that Kathryn Poston continuously submitted fraudulent declarations, statements and affirmations to the Indianapolis Housing Agency from 1995 through 2008. This includes concealing numerous unreported persons including violent felons living in the home and the fact that the landlord receiving the HUD HAP payments was her sister, a violation of the Relative Rule.

13. Beginning 03/04/2008, DeJuan Bouvean had personal first hand knowledge that his grandmother, Kathryn Poston, was in fact a recipient of HUD Section 8 assistance. The culminated in a series of false and/or misleading fraudulent statements, affirmations and declarations to HUD/IHA on behalf of Kathryn Poston through 06/09/2009. Bouvean represented he had Power of Attorney “POA” over Kathryn Poston since at least 03/03/2009, that he disclosed to the IHA on 04/07/2009.

14. Kathryn Poston had in fact been absent from the federally assisted home due to illness and was residing at a nursing home when she died 10/22/2009. Her obituary was published in the Indianapolis Star on 10/25/2009 under the name Fannie K. Poston, a name never previously reported to the IHA. Further, her death was never reported to the IHA but was discovered through investigation.

Probable Cause Attachment B

15. The attachment extensively details an entire criminal enterprise operating for more than 10 years from the federally assisted home at 3029 Forest Manor Avenue facilitated by DEJUAN BOUVEAN, attorney-at-law.

The Defendant

Operated His Legal Practice From &

Resided Unreported In the Federally

Assisted Home 3029 Forest Manor Avenue

Indianapolis Indiana 46218

16. The defendant was born 03/01/1972; the child of Robin Poston, the Birth Certificate issued by the Indiana State Board of Health reflects his name as DUJUAN LAMONT POSTON. (Attachment B, B-1)

17. The defendant using the name of JUAN L. BOVEAN has possessed a driver’s license issued by the State of Indiana, reporting his domicile as 3029 Forest Manor Avenue in transactions recorded 02/29/2000, 09/19/2002, 02/19/2005 and 03/09/2009. (Attachment B, B-2)

a. The defendant using the name DEJUAN BOVEAN titled a certain 1999 Ford Taurus with the Indiana BMV on 02/15/2005 reflecting a home address of 3029 Forest Manor Avenue. (Attachment B, B-2)

b. The defendant using the name JUAN BOVEAN plated the same certain 1999 Ford Taurus with the Indiana BMV. The last transaction (03/06/2009) reflects a home address of 3029 Forest Manor, superseding specialty plate JA1931 issued in both FY2008 and FY2007. (Attachment B, B-2)

18. The defendant has a felony criminal record on file with the Indianapolis Police Department in the name of JUAN L. BOVEAN under Gallery 541470. (Attachment B, B-3)

a. The defendant was arrested 06/23/1999 at 3029 Forest Manor Avenue. Bail Commissioner Records and the Indianapolis Police Department case report of the incident reflect a home address of 3029 Forest Manor Avenue. (Attachment B, B-3)

19. Indianapolis Police Department case reports dated 10/16/1998, 06/23/1999, 01/15/2002, 09/04/2005, 04/20/2006, 04/28/2007, 06/28/2008, 07/29/2008, 10/16/2008, and 06/02/2009 concern incidents that occurred at 3029 Forest Manor and the reports reflect the defendant’s home address as 3029 Forest Manor Avenue. The reports further reflect the defendant’s names as DEJUAN BOUVEAN, DEJUAN BOVEAN, JUAN BOVEAN, JUAN BOUFAN, DUJUAN BOVAN, and JUAN BOREAN. (Attachment B, B-4, B-70)

20. 911 Calls placed to the Indianapolis Metropolitan Emergency Communications Agency “MECA” from 3029 Forest Manor Avenue on 10/28/2008, 04/20/2009, 06/02/2009 and 06/15/2009 reflect the reporting party as DEJUAN BOUVEAN, 541-8267. (Attachment B, B-5, B-71, B-74)

21. Indiana FSSA records reflect the defendant reported moving into 3029 Forest Manor Avenue on 04/04/2007, living with Kathryn Poston. Records further reflect that on 12/18/2008 the defendant was awarded HIP (Healthy Indiana Plan) Medicaid insurance, reporting he had no income and that he lived with this grandmother Kathryn Poston and Judy Poston. (Attachment B, B-6)

22. Indiana Supreme Court records reflect that DEJUAN BOUVEAN is a licensed attorney, number 21921-49, admitted 01/07/2000, status is active and in good standing as of 07/11/2001, address listed as 3029 Forest Manor Avenue, Indianapolis IN 46218. (Attachment B, B-7)

23. Records of the Justice Information System of Indianapolis-Marion County reflect that DEJAUN BOUVEAN is a defense attorney with a start date of 08/06/2001, ID number 21921. (Attachment B, B-8)

The Defendant Operated His Legal Practice From

The Federally Assisted Home 3029 Forest Manor Avenue 2001- 2009

Deeds & Affidavits

24. 10/17/2008: Warranty Deed, instrument prepared by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue, conveyed 1235 West 25th Street from Linda C. Bailey to DeJuan Bouvean, 3029 Forest Manor Avenue. (Attachment B, B-9)

25. 06/21/2007: Quit Claim Deed, instrument prepared by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue, conveyed 2881 N LaSalle Street from Linda Bailey to Estella Poston. This transaction was subsequently declared by Estella Poston to have been done without her knowledge or authority. (Attachment B, B-10)

26. 09/05/2002: Warranty Deed, instrument prepared by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue, conveyed 920/922 West 33rd Street from Ella Elliott to Linda Jenkins (the same being the landlord receiving HUD HAP payments for 3029 Forest Manor Avenue). (Attachment B, B-11)

27. 11/05/2001: Heirship Affidavit, instrument prepared by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue, in the matter of Ann Lucas. (Attachment B, B-13)

28. 06/11/2003: Heirship Affidavit, instrument prepared by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue, in the matter of Ann Lucas. (Attachment B, B-14)

29. 06/11/2003: General Durable Power of Attorney in the matter of Ann Lucas. Witnesses on the instrument are DeJuan Bouvean and Kathryn Poston, both of 3029 Forest Manor Avenue. (Attachment B, B-15)

30. 03/22/2004: General Durable Power of Attorney in the matter of Ann Lucas. Witnesses on the instrument are DeJuan Bouvean and Kathryn Poston, both of 3029 Forest Manor Avenue. (Attachment B, B-16)

Federal Court – Southern District/Northern Districts of Indiana

31. The following civil actions are reflected in Court records as being filed by and/or represented by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue:

a. 12/19/2001: Geans v Fort Wayne Foundry (Attachment B, B-17)

b. 03/19/2003: Denny v Loyal Order of Moose (Attachment B, B-18)

c. 12/17/2002: Hall v James Drew Corporation (Attachment B, B-19)

d. 02/20/2003: Taffy Poston v Midwest (Attachment B, B-20)

Marion Superior Court – Criminal Division

32. The following criminal defendants are reflected in Court records as represented by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue:

a. 01/27/2007: State v. Taffy Poston (Attachment B, B-21), the aunt of

DeJuan Bouvean who also resided unreported and unauthorized at 3029 Forest Manor.

b. 02/16/2009: State v. James Poston (Attachment B, B-22), the uncle of DeJuan Bouvean who also resided unreported and unauthorized at 3029 Forest Manor

c. 12/21/2008: State v. Judy Poston (Attachment B, B-23), the aunt of DeJuan Bouvean who also resided unreported and unauthorized at 3029 Forest Manor.

d. 07/06/2009: State v. Jerry Gates (Attachment B, B-26)

e. 09/18/2008: State v. Martin (Attachment B, B-28-1)

f. 04/06/2009: State v. Rutledge (Attachment B, B-28-2)

g.10/08/2008: State v. Willis (Attachment B, B-28-3)

h.07/14/2008: State v. Hughes (Attachment B, B-28-4)

i. 05/13/2009: State v. Elkins (Attachment B, B-28-5)

j. 02/28/2009: State v. Morales (Attachment B, B-28-6)

Marion Superior Court – Civil Division

33. The following parties are reflected in Court records as represented by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue:

a. 02/02/2005: Dexter v. Dexter (Attachment B, B-24)

b. 04/01/2007: Guardianship of Poston (Attachment B, B-28)

c. 10/17/2008: Guardianship of Poston (Attachment B, B-28)

Center Township Small Claims Court – Marion County

34. The following parties are reflected in Court records as represented by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue:

a. 03/13/2009: Gates v. McGriff (Attachment B, B-28-7)

b. 08/14/2009: Looper v. Caldwell (Attachment B, B-28-8)

Hamilton County Superior Court

35. The following criminal defendants are reflected in Court records as represented by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue:

a. 06/05/2009: State v. Duncan Winston (Attachment B, B-25)

Hancock County Superior Court

36. The following respondent is reflected in Court records as represented by DeJuan Bouvean, attorney-at-law, 3029 Forest Manor Avenue:

a. 08/06/2009: Gates v. Gates (Attachment B, B-26)

Origin of This Investigation

37. This investigation originated from a LENS notice review conducted by the OSI Criminal Analyst on 05/17/2009 concerning violent felon Anthony Griffie. The specific facts and circumstances of that investigation are extensively detailed in Probable Cause Attachment A, Paragraph A56.

The name of DeJuan Bouvean also arose in a parallel criminal investigation conducted by the OSI and the OIG in the matter of the Westside Community Development Corporation. In particular, Bouvean was found to have prepared a fraudulent warranty deed described in Paragraph 25 of this Probable Cause and further detailed in Probable Cause Attachment B, Paragraph B10.

DeJuan Bouvean Submitted False Statements

For HUD Assistance

The household under the control of KATHRYN POSTON concealed

income, assets and criminal arrest and/or criminal activity in order to receive assistance to which Kathryn Poston and landlord Linda Jenkins were not entitled. For purposes of this criminal prosecution, the concealment was not discovered by the State of Indiana until 05/17/2009. As noted previously, Kathryn Poston is dead. Police reports alone place Bouvean living in the home as early as 1998.

DEJUAN BOUVEAN, as Power of Attorney for Kathryn Poston did knowingly and intentionally submit false and fraudulent declarations, certifications, affirmations and statements to the Indianapolis Housing Agency on 06/09/2009. This includes household occupancy, income, and assets which are detailed in Probable Cause Attachment A, Paragraph A50. Most glaring are Mr. Bouvean’s responses to the following three questions:

(1):“List all persons who moved in and out of the home in the past 12 months”, Bouvean responded “N/A”;

(2):”Have you or any member of your household been arrested in the

Last 12 months, Bouvean responded “NO”;

(3):”List each person in the unit who is working”, Bouvean responded

“N/A”.

DEJUAN BOUVEAN concealed:

(1) That he was in fact living in the home at 3029 Forest Manor;

(2) He certainly would have knowledge of any member of the household

Having been arrested as he was representing in criminal court his aunts and uncle who had been arrested and were also living unreported in the federally assisted home;

(3) Bouvean is a practicing attorney who is working and has employment

Income.

DEJUAN BOUVEAN under oath to the Marion Superior Court Probate Division declared on 04/02/2007 that he had resided at 3029 Forest Manor Avenue “for the past five years” (Probable Cause Attachment B, Paragraph B84).

3029 Forest Manor - Epicenter Of Crime

Probable Cause Attachment A & B detail more than ten years of non-stop violent crime associated with the home at 3029 Forest Manor Avenue, a 24-hour drug operation. From FY 2000 forward the home’s occupants were linked to 394 criminal arrests, 431 police reports and 10 criminal homicides.

38. That as a result of the declarations, statements, certifications and affirmations of the defendant(s) in this case, Form 50058 was electronically transmitted to HUD headquarters via secure Internet connection by the IHA, certifying assistance provided to the federally assisted households identified.

39. 24 CFR792.101: The Office of Special Investigations has incurred certain investigation costs and expenditures in this case. The OSI requests the Court to take notice of these costs that include $560 in copying charges; regular time and investigator overtime expended from DOJ grant 2007-DD-BX-0641, totaling $10,681, for a grand total of investigation costs of $11,241.

40. The OSI is also asking the Court to order restitution to the Indianapolis Housing Agency for improperly received Housing Assistance Payments “HAP” & Utility Assistance Payments “UAP” obtained by DeJuan Bouvean, that include:

a. The benefit of $8,000 in HUD HAP payments improperly disbursed to

Landlord Linda Jenkins in the period of March 2008 through October 2009 ($400 per month x 20 months).

b. The benefit of $1,496 in HUD UAP payments improperly disbursed to Kathryn Poston in the period of March 2008 through October 2009 ($146 per month March 2008 to June 2008; $62 per month July 2008 to June 2009; $42 per month July 2009 to October 2009)

A total of $9,946 in federal payments during the period that DeJuan Bouvean had first hand knowledge the home he was residing in unlawfully was receiving the benefit of HUD assistance.

41. In total, the State of Indiana is seeking $21,187 in restitution from defendant DeJuan Bouvean for costs of investigation and improper payments.

42. This is an on-going investigation.

43. WHEREFORE, the Affiant requests the Court to find probable cause for the issuance of an arrest warrant for the defendant, DEJUAN BOUVEAN, for the offenses of WELFARE FRAUD (FC) I.C. 35-43-5-7, and THEFT (FD) I.C. 35-43-4-2, all of which is contrary to statute and against the peace and dignity of the State of Indiana.

All of the above occurred in the Consolidated City of Indianapolis, County

Of Marion, State of Indiana.

I (We) swear (affirm) under penalty of perjury as specified by I.C. 35-44-

2-1, that the foregoing representations are true.

DATED_________________________ _________________________

AFFIANT

Marytza L. Toy ID #T7849

For The State of Indiana

_______________________________ _________________________

DEPUTY PROSECUTING ATTORNEY JUDGE

19th JUDICIAL CIRCUIT MARION SUPERIOR COURT

CRIMINAL DIVISION ___

2009PCCHARGBOUVEAN/PSHAWK/G7336/12092009

-----------------------

[pic]

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download