On December 13, 2011 it was announced that a federal grand jury returned a 102-count indictment against ten Ohio men (ages ranging from 21 to 33) with crimes of conspiracy to commit wire fraud, mail fraud, bank fraud and aggravated identity theft.
Clifford J. Smith (“CJ”), Musa Nassar, Jon Foster, Donte Stewart, Billy St. Clair, Adam Bailey, Tyme Hammond, Kevin Moses, Kelvan Elkins, and Jason Martin engaged in a conspiracy to commit wire fraud by fraudulently obtaining cell phones which were then sold to innocent buyers on the internet through the E-bay auction website, with payments processed by PayPal and payable to the defendants from June of 2007 until June of 2011.
All of the defendants are charged with several counts of wire fraud, in addition to the charge of conspiracy. Clifford J. Smith, Musa Nassar, Donte Stewart, Jon Foster, Kelvan Elkins, and Jason Martin, are also charged with Mail Fraud. Clifford J. Smith, and Donte Stewart, are also charged with aggravated identity theft. The indictment also includes charges of Bank Fraud against Clifford J. Smith, and Jon Foster.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and in most cases it will be less than the maximum – Source.
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