"WINCiARD") unlawfully and knowingly combined, conspired, and agreed with other persons,

Transcription

1 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 1 of 11 PageID# 3 FiL IN OPB\' IN THE UNITED STATES DISTRICT COUR'I FOR Till-: EASTERN DISTRICT OF VIRGINIA Norfolk Division CLERK, U mictcoi NORFOLK. VA UNITED STATES OF AMERICA UNDER SEAL v. Criminal No. 2:15cr I <->* CHRIS ARTHUR PERRY JR. (Counts 1.2.3,6.7) GREGORY PAUL WINGARD JR. (Counts 1.4,5.6) Defendants. 18U.S.C. 371 Conspiracy (Count 1) 18U.S.C. 659and2 Theft of Interstate Shipments by Carrier (Counts ) 49 U.S.C (a) and (b)(2) Entering an Aircraft or Airport Area with Intent to Commit a Felony (Counts ) 18 U.S.C. 981 (a)(1)(c) by 28 U.S.C Criminal Forfeiture INDICTMENT September 2015 Term -- At Norfolk. Virginia COUNT ONE During the period from in or around December 2013 up until on or about June 4, the exact dates being unknown, in the Eastern District of Virginia and elsewhere, CHRIS ARTHUR PERRY JR. (hereinafter "PERRY") and GREGORY PAUL WINGARD JR. (hereinafter "WINCiARD") unlawfully and knowingly combined, conspired, and agreed with other persons, both known and unknown to the Grand Jury, to commit the following against the United States: 1

2 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 2 of 11 PageID# 4 A. Theft ofinterstate Shipments by Carrier, in violation of18 U.S.C. 659 and; B. Entering an Aircraft or Airport Area with Intent to Commit a Felony, in violation of 49 U.S.C (a) and (b)(2). Object ofthe Conspiracy The object ofthe conspiracy was for the defendants and their co-conspiratorsto steal items from checked baggage on US Airways flights leaving or arriving at the Norfolk International Airport and then selling those stolen items for a profit primarily using pawn shops in the Tidewater area. Ways. Manner, and Means ofthe Conspiracy and the Scheme and Artifice to Defraud 1. It was part ofthe conspiracy for PERRY and WINGARD to use their positions as baggage handlers working for Envoy Services to break into checked baggage in the secure area of the Norfolk International Airport to find United StatesCurrency or other valuable items, usually in the internal luggage spaces of airplanes, and remove those items from the airport. 2. It was part ofthe conspiracy for PERRY, WINGARD and unindicted co-conspirator S.N. to sell said items to members of thecommunity or to pawn shops in the Tidewater area. 3. It was part of the conspiracy for PERRY and WINGARD to target firearms containers to specifically steal the guns inside. 4. It was part ofthe conspiracy for PERRY and WINGARD to then switch the baggage tags for the purloined firearm containers with another baggage tag from an unrelated bag which resulted in the firearm containers being transported to a remote airport from the originally intended destination to prevent detection from law enforcement.

3 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 3 of 11 PageID# 5 Overt Acts 1. On or about April 3,2014, in the secure area ofthe Norfolk International Airport, in the Eastern District ofvirginia, a co-conspirator stole a firearm, that is a Taurus Millineum Pro handgun from a piece ofchecked baggage on US Airways Flight 3842 departing from Norfolk, Virginia and arriving in Philadelphia, Pennsylvania. 2. On or about April 3,2014, in the secure area ofthe Norfolk International Airport, a co-conspirator switched the baggage tag from the now empty firearm container with another bag located in the secure area ofthe airport, which resulted in the empty firearm container being sent to Nashville, Tennessee instead of its intended location of Miami, Florida via Philadelphia, Pennsylvania. 3. On or about April 16,2014, in the secure area ofthe Norfolk International Airport, PERRY stolejewelry including two crucifixes from a piece of checked baggage on US Airways Flight 1977 departing from Norfolk, Virginia and arriving at Douglass Field, Charlotte, North Carolina with a final destination of Cleveland Hopkins Field, Ohio on US Airways Flight On or about April 16, 2014, in the City ofchesapeake, Virginia, unindicted co-conspirator S.N. pawned the two crucifixes which were stolen from a piece of checked baggage located in the secure area of the Norfolk International Airport. 5. On orabout May 24,2014, in the secure area of the Norfolk International Airport, a co-conspirator stole a firearm, that is a Smith and Wesson nine millimeter handgun, from a piece of checked baggage on US Airways Flight 3799 departing from Norfolk, Virginia and arriving at Douglas Field, Charlotte, North Carolina and connecting to US Airways Flight 1791 arriving in Tampa, Florida.

4 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 4 of 11 PageID# 6 6. On or about May 24,2014, in the secure area ofthe Norfolk International Airport, a co-conspirator switched the baggage tag from the now empty firearm container with another bag located in checked baggage, which resulted in the empty firearm container being sent to Charles DeGaulle Airport, Paris, France instead ofits intended location oftampa, Florida. 7. On or about June 12,2014, in the secure area ofthe Norfolk International Airport, a co-conspirator stole a firearm, that is a Smith and Wesson.357 caliber firearm, from a piece of checked baggage on US Airways Flight 1977 departing from Norfolk, Virginia and arriving at Douglas Field, Charlotte, North Carolina and connecting to US Airways Flight 1866 arriving in West Palm Beach, Florida. 8. On or aboutjune 12,2014, in the secure area of the Norfolk International Airport, a co-conspirator placed the now empty firearm container in another bag originally intended to travel to Minneapolis, Minnesota and then switched thatbaggage tag from the bag thatnow contained the empty firearm container with another bag located in checked baggage, which resulted inthe empty firearm container being sent to Los Angeles, California instead of its intended location of West Palm Beach, Florida. 9. On orabout January 7,2015, in the secure area ofthe Norfolk International Airport, a co-conspirator stole a firearm, that isa.45 caliber ALP Springfield handgun, from checked baggage on US Airways Flight 1906 departing from Norfolk, Virginia and arriving in Douglas Field, Charlotte, North Carolina and connecting to US Airways flight 2047 arriving in New Orleans, Louisiana. 10. On or about January 7,2015, in the secure area ofthe Norfolk International Airport, aco-conspirator switched the baggage tag from the now empty firearm container with another bag

5 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 5 of 11 PageID# 7 located in checked baggage, which resulted in the empty firearm container being sent to Birmingham, Alabama instead ofthe intended destination ofnew Orleans, Louisiana. 11. On or about February 14, 2015, in the secure area ofthe Norfolk International Airport, WINGARD stole a firearm, that is a.357 caliber Smith and Wesson handgun from checked baggage on US Airways Flight 3842 departing from Norfolk, Virginia and arriving in Philadelphia, Pennsylvania and connection to US Airways Flight 3965 arriving in Bangor, Maine. 12. On or about February 14, 2015, in the secure area ofthe Norfolk International Airport, WINGARD switched the baggage tag from the now empty firearm containerwith another bag located in checked baggage, which resulted in the empty firearm container being sent to Boston, Massachusetts instead ofits intended location of Bangor, Maine. 13. On or about April 5, 2015, in the secure area of the Norfolk International Airport, PERRY removed a backpack issued by the United States Navy that contained a Xbox gaming system, a rechargeable battery back for the system and games including but not limited to: Madden 15, NBA2K15, and Destiny from checked baggage, located in the arrivals secure area on US Airways Flight 3963 arriving from Reagan National Airport, Washington, DC. The checked backpack originated from West Palm Beach Airport on US Airways Flight 4458 to Reagan National Airport before continuing to its final destination at Norfolk International Airport. 14. Onor about April 5, 2015, in the secure area of the Norfolk International Airport, PERRY discarded the baggage tag from the checked backpack in a waste bin and then took the backpack, containing the gaming system and games to his car located in the employee parking lot. 15. On or about April 6, 2015, in Norfolk, Virginia, WINGARD pawned two Xbox games entitled Madden 15 and Destiny.

6 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 6 of 11 PageID# On or about April 6, 2015, in Chesapeake, Virginia, PERRY pawned two Xbox wireless controllers, one Xbox battery pack and one AC adapter. 17. On or about April 11, 2015, in Norfolk, Virginia, PERRY pawned one copy ofan Xbox game entitled NBA2K15. (All in violation oftitle 18, United States Code, Section 371). COUNT TWO On or about April 16, 2014, in Norfolk, Virginia, in the Eastern District ofvirginia, defendant CHRIS ARTHUR PERRY JR., aided and abetted by unindicted co-conspirator S.N., unlawfully, willfully and knowingly, and with intent to convert to their own use, did steal, take and carry away from a US Airways Passenger Plane Flight 1977, in the Norfolk International Airport, goods and chattels ofa value in excess of$1,000, that are jewelry including but not limited to two crucifixes, which were moving as, were a part of, and constituted an interstate shipment of freight and express from the US Airways Corporation at the Norfolk International Airport in the State of Virginia, to the US Airways Corporation at Cleveland Hopkins Field in the State ofohio. (In violation oftitle 18, United States Code, Sections 659 and 2).

7 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 7 of 11 PageID# 9 COUNT THREE On or about April 16, 2014, in Norfolk, Virginia, in the Eastern District ofvirginia, defendant CHRIS ARTHUR PERRY JR. knowingly and willfully entered, in violation ofsections 44901,44903(b), 44903(c) and oftitle 49, an aircraft or an airport area that serves an air carrier or foreign air carrier, with intent to evade security procedures and restrictions and with intent to commit, in the aircraft or airport area, a felony under the law ofthe United States, to wit: theft of interstate shipment by carrier, as charged in Count Two ofthis indictment. (In violation oftitle 49, United States Code, Sections 46314(a) and (b)(2)). COUNT FOUR On or about February 14,2015, in Norfolk, Virginia, in the Eastern District of Virginia, defendant GREGORY PAUL WINGARD JR. unlawfully, willfully and knowingly, and with intent to convert to hisown use, didsteal, take and carry away from a US Airways Passenger Plane Flight 3842, in the Norfolk International Airport, goods and, that is a.357 caliber Smith and Wesson handgun, which was moving as, was a part of, and constituted an interstate shipment of freight and express from the US Airways Corporation at the Norfolk International Airport in the State of Virginia, to the US Airways Corporation at Bangor in the state of Maine. (In violation of Title 18, United States Code, Sections 659 and 2).

8 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 8 of 11 PageID# 10 COUNT FIVE On or about February 14, 2015, in Norfolk, Virginia, in the Eastern District ofvirginia, defendant GREGORY PAUL WINGARD JR. knowingly and willfully entered, in violation of sections 44901,44903(b), 44903(c) and oftitle 49, an aircraft or an airport area that serves an air carrier or foreign air carrier, with intent to evade security procedures and restrictions and with intent to commit, in the aircraft or airport area, a felony under the law ofthe United States, to wit: theft ofinterstate shipment by carrier, as charged in Count four ofthis indictment. (In violation oftitle 49, United States Code, Sections 46314(a) and (b)(2)). COUNT SIX On or about April 5, 2015, in Norfolk, Virginia, in the Eastern District of Virginia, defendant CHRIS ARTHUR PERRY JR. aided and abetted by GREGORY PAUL WINGARD JR. unlawfully, willfully and knowingly, and with intent to convert to his own use, did steal, take and carry away from a US Airways Passenger Plane Flight 3963, in the Norfolk International airport, goods and chattels, including an Xbox gaming system and games including but not limited to: Madden 15, NBA2K15 and Destiny, which were moving as, were a partof, and constituted an interstate shipment of freight and express from the US Airways Corporation at the West Palm Beach in the State of Florida, to the US Airways Corporation at the Norfolk International Airport in the State ofvirginia. (In violation of Title 18, United States Code, Sections 659 and 2).

9 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 9 of 11 PageID# 11 COUNT SEVEN On or about April 5, 2015, in Norfolk, Virginia, in the Eastern District ofvirginia, defendant CHRIS ARTHUR PERRY JR. knowingly and willfully entered, in violation ofsections 44901,44903(b), 44903(c) and oftitle 49, an aircraft or an airport area that serves an air carrier or foreign air carrier, with intent to evade security procedures and restrictions and with intent to commit, in the aircraft or airport area, a felony under the law ofthe United States, to wit: theft ofinterstate shipment by carrier, as charged in Count Six ofthis indictment. (In violation oftitle 49 United States Code, Sections 46314(a) and (b)(2)). FORFEITURE ALLEGATION THE GRAND JURY FURTHER ALLEGES THAT: 1. The defendants, if convicted of any of the violations alleged in Counts 1,2,4 and 6 of this Indictment, shall forfeit to the United States, as part of the sentencing pursuant to Federal Rule ofcriminal Procedure 32.2, any property, real or personal, which constitutes or is derived from proceeds traceable to the violation. 2. If any property that is subject to forfeiture above, as a result of any act or omission of the defendant, (a) cannot be located upon the exercise of due diligence, (b) has been transferred to, sold to, or deposited with a third party, (c) has been placed beyond the jurisdiction of the Court, (d) has been substantially diminished in value, or (e) has been commingled with other property that cannot bedivided without difficulty, it isthe intention of the United States to seek forfeiture of any other property of the defendant, as subject to forfeiture under Title 21, United States Code, Section 853(p). 9

10 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 10 of 11 PageID# The property subject to forfeiture includes, but is not limited to: A. A monetary judgment in the amount ofat least $12,000, representing the proceeds ofcount 1. (In accordance with 18 U.S.C. 981(a)(1)(C) by 28 U.S.C ) 10

11 Case 2:15-cr RGD-DEM Document 2 Filed 10/07/15 Page 11 of 11 PageID# 13 United States v. Chris Arthur Perry Jr., et al. Criminal No. 2:15cr \2>) A TRUE BILL: FOREPERSON Dana J. Boente United States Attorney By:. Joseph DcPadilla Assistant United Stales Attorney 8000 World Trade Center 101 West Main Street Norfolk, Virginia (757)

12 Case 2:15-cr RGD-DEM Document 2-1 Filed 10/07/15 Page 1 of 2 PageID# 14 REDACTED JS 45 (11/2002) Criminal Case Cover Sheet Place of Offense: City: l-.pva County/Parish: Defendant Information: Under Seal: Yes Superseding Indictment: Same Defendant: Magistrate Judge Case Number: Search Warrant Case Number: R20/R40 from District of No Judge Assigned: Criminal Number: 2:1Scr 3 New Defendant: Chris Arthur Perry Jr. Arraignment Date: U.S. District Court Juvenile: Yes D No IEI FBI#: Defendant Name: Chris Arthur Perry Jr. Address:. Chesapeake, VA Employment: Alias Name(s): Birth Date: l989 SS#: ^ 7502 Sex: M Race: Black Nationality: Place of Birth: United States Height: 5'5" Weight: I60lbs Hair: Black Eyes: Brown Scars/Tattoos: Interpreter: Yes No IE! List Language and/or dialect: Location Status: Arrest Date: Already in Federal Custody asof: Already in State Custody G<] Arrest Warrant Requested Arrest Warrant Pending Defense Counsel Information: Name: Address: Telephone: in: On Pretrial Release Fugitive Detention Sought Court Appointed D Retained Public Defender Not in Custody Summons Requested Bond U.S. Attorney Information: AUSA: Joseph E. DePadilla Telephone No Complainant Agency. Address & Phone.Number or Person & Title: Federal Bureau of Investigation. 509 Resource Row. Chesapeake. VA Bar«: U.S.C. Citations: Code/Section Description of Offense Charged Count(s) Capital/Felony/Misd/Petty Set I Set 2 Set 3 Set 4 18 U.S.C U.S.C. 659, 2 49 U.S.C (a). (b)(2) Felony 18 U.S.C. 981(a)(1)(C) by 28 U.S.C Conspiracy Theft of Interstate Shipments by Carrier Entering an Aircraft or Airport Area with Intent to Commit a Criminal Forfeiture (May be continued on reverse) I 2,6 3.7 Felony Felony Felony

13 Case 2:15-cr RGD-DEM Document 2-1 Filed 10/07/15 Page 2 of 2 PageID# 15 REDACTED COpy JS 45 (11/2002) Criminal Case Cover Sheet U.S. District Court Place of Offense: Under Seal: Yes E3 No D City: EDVA Superseding Indictment: County/Parish: Defendant Information: Same Defendant: Magistrate Judge Case Number: Search Warrant Case Number: R 20/R 40 from District of Judge Assigned: Criminal Number: 2:15cr 3/ New Defendant: Gregory Paul Wingard Jr. Arraignment Date: Juvenile: Yes No M FBI#: Defendant Name: Gregory Paul Wingard Jr. Address: Employment: Birth Date: l988 SS-v: H 4942 Sex: M Race: Black Nationality: Place orbirth: United States Height: 5'10" Weight: 200 lbs Hair: Black Eyes: Brown Sears/Tattoos: Interpreter: Yes No E! List Language and/or dialect: Location Status: INorfolk. VA Alias Name(s): Arrest Date: Already in Federal Custody as of: Already in State Custody IS1 Arrest Warrant Requested Arrest Warrant Pending Defense Counsel Information: Name: Address: Telephone: in: On Pretrial Release Fugitive Detention Sought Court Appointed Retained Public Defender Not in Custody Summons Requested Bond U.S. Attorney Information: AUSA: Joseph E. DePadilla Telephone No Complainant Agency. Address & Phone Number or Person & Title: Federal Bureau of Investigation. 509 Resource Row, Chesapeake, VA 23320, Bar ft: U.S.C. Citations: Code/Section Description of Offense Charged Count(s) Capital/Felony/Misd/Petty Set I Set 2 Set 3 Set 4 18 U.S.C U.S.C U.S.C (a), (b)(2) Felony 18 U.S.C. 981(a)(1)(C) by 28 U.S.C Conspiracy I'heft of Interstate Shipments by Carrier Entering an Aircraft or Airport Area with Intent to Commit a Criminal Forfeiture (Ma\ be continued on reverse) I 4,6 5 Felony Felony Felony