Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 17-cr-00354-RBJ

UNITED STATES OF AMERICA,

Plaintiff,
v.

1. JUSTIN ALEXANDER MANNING,

Defendant.

INDICTMENT
18 U.S.C. § 1343
18 U.S.C. § 1957
26 U.S.C. § 7206(1)

The Grand Jury charges that:

COUNTS 1-13
18 U.S.C. § 1343

The Scheme

1. Beginning in or about October 2013, and continuing to in or about January

2015, in the State and District of Colorado, defendant JUSTIN ALEXANDER MANNING

("MANNING") knowingly and intentionally devised a scheme to defraud Walmart of

money (hereinafter referred to as "the Scheme"). It was part of the Scheme that:

a. From February 2012 through May 2, 2014, defendant MANNING

was employed as an asset protection manager at Walmart Store #1492 located in

Aurora, Colorado (the “Store”). From May 3, 2014 through February 2015, defendant

1
Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 2 of 8

MANNING was employed as an assistant store manager at the Store. As an asset

protection manager and then as assistant store manager, MANNING had access to

blank Money Network Checks used in Walmart’s Money Network System.

b. From approximately October 2013 through January 2015,

defendant MANNING improperly obtained blank Money Network Checks and

intentionally and fraudulently filled them out, and caused others to fill them out, in the

names of other people in order to deceive other Walmart employees into believing that

they were legitimate Money Network Checks.

c. From approximately October 2013 through January 2015,

defendant MANNING used his positions as an asset protection manager and then as an

assistant store manager to access the Store’s register bags. Defendant MANNING took

cash from the Store’s register bags and replaced it with fraudulent Money Network

Checks totaling the same amount as the cash taken so that the register bags

maintained the correct total balance and other Walmart employees would not realize

cash had been taken from the bags.

d. Images of these fraudulent Money Network Checks were sent via

interstate wire through Walmart’s standard processing for Money Network Checks until

they were determined to be invalid checks. After these checks were determined to be

invalid, they were sent through Walmart’s standard processing for invalid checks, which

also included interstate wires.

2
Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 3 of 8

Execution of the Scheme

2. For the purpose of executing the scheme described in paragraphs 1a.

through 1d. above, on or about the dates listed below, defendant MANNING caused to

be transmitted the following by means of wire communications in interstate commerce:

COUNT DATE DESCRIPTION OF WIRE

1 10/7/13 An Image Cash Letter that included an image of Money Network

Check No. 8283973 payable to B.R. in the amount of $2,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
2 2/19/14 An Image Cash Letter that included an image of Money Network
Check No. 8284010 payable to S.B. in the amount of $5,000 was
electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
3 3/21/14 An Image Cash Letter that included an image of Money Network
Check No. 131430313 payable to B.R. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
4 4/22/14 An Image Cash Letter that included an image of Money Network
Check No. 131430328 payable to S.B. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
5 7/14/14 An Image Cash Letter that included an image of Money Network
Check No. 131430381 payable to S.B. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
6 7/21/14 An Image Cash Letter that included an image of Money Network
Check No. 131430369 payable to T.O. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
7 8/19/14 An Image Cash Letter that included an image of Money Network
Check No. 131430389 payable to J.R. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
8 9/24/14 An Image Cash Letter that included an image of Money Network
Check No. 131485582 payable to J.R. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
9 10/6/14 An Image Cash Letter that included an image of Money Network
Check No. 131485576 payable to D.H. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.

3
Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 4 of 8

10 10/24/14 An Image Cash Letter that included an image of Money Network

Check No. 131485574 payable to J.R. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
11 12/29/14 An Image Cash Letter that included an image of Money Network
Check No. 131430425 payable to J.R. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
12 1/7/15 An Image Cash Letter that included an image of Money Network
Check No. 131430444 payable to B.R. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.
13 1/14/15 An Image Cash Letter that included an image of Money Network
Check No. 131485564 payable to J.R. in the amount of $5,000
was electronically transmitted by Loomis in Colorado to the JP
Morgan Chase Virtual Payment Center in Ohio.

In violation of Title 18, United States Code, Section 1343.

COUNTS 14-16
18 U.S.C. § 1957

3. On or about the dates set forth below, in the State and District of

Colorado, defendant JUSTIN ALEXANDER MANNING knowingly engaged in, and

caused others to engage in, the following monetary transactions, which were by,

through, and to a financial institution and affected interstate commerce, in criminally

derived property of a value greater than $10,000, such property having been derived

from a specified unlawful activity, namely, wire fraud in violation of 18 U.S.C. § 1343.

Count Date Amount Transaction

14 3/14/14 $16,252.67 Transfer and exchange of cash from defendant

MANNING to Shane Company for the purchase of a
diamond wedding ring set.
15 7/16/14 $25,000.00 Transfer of funds from Wells Fargo account No.
xxxxxx9600 held by defendant MANNING to Wells

4
Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 5 of 8

Fargo account No. xxxxxx9450 also held by

defendant MANNING.
16 7/21/14 $52,266.20 Transfer and exchange of cash from defendant
MANNING to AutoNation Toyota for the purchase of
a Toyota 4Runner.

In violation of Title 18, United States Code, Section 1957.

COUNT 17
26 U.S.C. § 7206(1)

4. On or about March 12, 2014, in the State and District of Colorado,

defendant JUSTIN ALEXANDER MANNING, then a resident of Aurora, Colorado, did

willfully make and subscribe to a United States Individual Income Tax Return, Form

1040, for the tax year 2013, which was verified by a written declaration that it was made

under the penalties of perjury and which he did not believe to be true and correct as to

every material matter. That United States Individual Income Tax Return, which was

prepared and electronically signed in the State and District of Colorado and was filed

with the Internal Revenue Service, falsely stated on line 22 that defendant MANNING

had total income of $50,507, whereas, as he then and there knew, defendant

MANNING actually had total income in an amount substantially higher than $50,507.

In violation of Title 26, United States Code, Section 7206(1).

5
Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 6 of 8

COUNT 18
26 U.S.C. § 7206(1)

5. On or about March 15, 2015, in the State and District of Colorado,

defendant JUSTIN ALEXANDER MANNING, then a resident of Aurora, Colorado, did

willfully make and subscribe to a United States Individual Income Tax Return, Form

1040EZ, for the tax year 2014, which was verified by a written declaration that it was

made under the penalties of perjury and which he did not believe to be true and correct

as to every material matter. That United States Individual Income Tax Return, which

was prepared and electronically signed in the State and District of Colorado and was

filed with the Internal Revenue Service, falsely stated “I declare that I have examined

this return and, to the best of my knowledge and belief, it is true, correct, and accurately

lists all amounts and sources of income I received during the tax year,” whereas, as he

then and there knew, defendant MANNING had substantial additional income that was

not reported on the tax return.

In violation of Title 26, United States Code, Section 7206(1).

Forfeiture Allegation

6. The allegations contained in Counts 1-16 of this Indictment are hereby re-

alleged and incorporated by reference for the purpose of alleging forfeiture pursuant to

the provisions of 18 U.S.C. § 981(a)(1)(C), 18 U.S.C. § 982(a)(1) and 28 U.S.C. §

2461(c).

7. Upon conviction of the violation alleged in Counts 1-13 of this Indictment

involving a scheme to commit a violation of 18 U.S.C. § 1343, defendant JUSTIN

ALEXANDER MANNING shall forfeit to the United States, pursuant to Title 18, United

States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c)

6
Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 7 of 8

any and all of the defendant’s right, title and interest in all property constituting and

derived from any proceeds the defendant obtained directly and indirectly as a result of

such offense, including, but not limited to the entry of a money judgment in the amount

of proceeds obtained by the scheme and by the defendant.

8. Upon conviction of the violation alleged in Counts 14-16 of this Indictment

involving a violation of 18 U.S.C. § 1957, defendant JUSTIN ALEXANDER MANNING

shall forfeit to the United States, pursuant to Title 18, United States Code, Section

982(a)(1) any and all of the defendant’s right, title and interest in all property, real or

personal, involved in such offense, or all property traceable to such property, including,

but not limited to the entry of a money judgment in the amount of proceeds obtained by

the scheme and by the defendant.

9. If any of the property described 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 or 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 which
cannot be subdivided without difficulty;

\\\

\\\

7
Case 1:17-cr-00354-WYD Document 1 Filed 09/26/17 USDC Colorado Page 8 of 8

it is the intent of the United States, pursuant to Title 21, United States Code, Section

853(p), as incorporated by Title 28, United States Code, Section 2461(c), to seek

forfeiture of any other property of said defendant up to the value of the forfeitable

property.

A TRUE BILL:

Ink signature on file in Clerk’s Office

FOREPERSON

ROBERT C. TROYER
ACTING UNITED STATES ATTORNEY

s/ Pegeen D. Rhyne
PEGEEN D. RHYNE
Assistant United States Attorney
1801 California Street, Suite 1600
Denver, CO 80202
Phone: (303) 454-0100
Fax: (303) 454-0402
pegeen.rhyne@usdoj.gov

8
Case 1:17-cr-00354-WYD Document 1-1 Filed 09/26/17 USDC Colorado Page 1 of 1

DEFENDANT: Justin Alexander Manning

YOB: 1977

COMPLAINT Yes X No
FILED?
If Yes, MAGISTRATE CASE NUMBER:

HAS DEFENDANT BEEN ARRESTED ON COMPLAINT? Yes X No

OFFENSE(S): COUNTS 1-13: 18 U.S.C. § 1343: Wire fraud

COUNTS 14-16: 18 U.S.C. § 1957: Monetary Transaction in property derived from
mail fraud
COUNTS 17-18: 26 U.S.C. § 7206(1): Subscribing to a false tax return

Notice of Forfeiture

LOCATION Arapahoe County (in Aurora), Colorado

OF OFFENSE:

PENALTY: COUNTS 1-13: NMT 20 years imprisonment, NMT 5 years supervised release, a
$250,000 fine, and a $100 special assessment.

COUNTS 14-16: NMT 10 years imprisonment, NMT 3 years supervised release, a

$250,000 fine, and a $100 special assessment.

COUNTS 17-18: NMT 3 years imprisonment, NMT 1 year supervised release, a

$250,000 fine, and a $100 special assessment

AGENT: Jared Erwin

Special Agent, IRS

AUTHORIZED Pegeen D. Rhyne

BY: Assistant U.S. Attorney

ESTIMATED TIME OF TRIAL:

five days or less X over five days ____ other

THE GOVERNMENT

will seek detention in this case based on 18 U.S.C. § 3142(f)(2)

X will not seek detention

The statutory presumption of detention is not applicable to this defendant.

OCDETF CASE: Yes X No