Prison Phone Justice

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DTVISION

UNrrsp Srerss or AurRtce
Criminal Indictment

a

N

Mrvrs MonRIs

E

JouruerueN Sllvrns

e/ x/ A "TURTLE"

UNDER SEAL

CHenoNpe EoweRps
e/ x/4 'rloHN"

Anavt Strntrrt

e/ r/ A "ScRAP"

t/ r/

A "ScRAPPY"

Tm'r'eNry

Arlpru

MoNIeus KtNNsv
e/ r/ x MoNrqur Rssp
THE GRAND ]URY CHARGES THAT:

At all times relevant to this Indictment:
Back8round
1,. The Georgia Department of Corrections (GDOC) is an agency of the State
of Georgia and responsible for overseeing the operations of state prisons.

Approximately 60,000 inmates are incarcerated in state prison facilities.

2. Increasingly, GDOC inmates

obtain and use cellular telephones to further

their criminal activities while incarcerated. Cellular telephones pose a significant

risk to institutionai safety and security

as we.ll as

public safety. Inmates regularly

buy and sell cellular telephones inside of prison. Many of the cellular telephones
are the latest models and equipped with touch screens and Internet access.

Cellular telephones are used by inmates to traffic drugs, commit fraud and
organize criminal activity both inside and outside of prison. Phillips State Prison
is located in Buford, Georgia and houses adult male inmates. MIMS MORRIS,

IOHNATHAN SILVERS, and ADAM SMITH were inmates at Phillips State
Prison and were members of the Ghostface Gang.

3. lMhile they were inmates at Phillips

State Prison, both MORRIS and

SILVERS obtained cellular telephones and used them to traffic drugs. MORRIS
also used cellular telephones to commit fraud.

4.

MORRIS and SILVERS were even able to obtain cellular telephones while

they were in administrative segregation (commonly referred to as the "hole"),
charging them using the light fixtures in the cells. hr telephone calls over a courtauthorized wiretap, SILVERS bragged that his cellmate was watchi^g a movie on
his cellular telephone while they were in the "hole" together. In these calls,
MORRIS talked about posting on Facebook and buying shoes on the Internet.
MORRIS explained the guards all knew he had a cellular telephone in
segregation.

5. TIFFANY ALLEN and MONIQUE KINNEY assisted MORRIS by using
stolen identities to commit fraud. ALLEN and KINNEY, who were not inmates,
2

communicated with MORRIS by cellular telephone while he was an inmate at

Phillips State Prison.
The Phillips State Prison Smueslins Scheme

6.

Inmates depended on prison employees to bring cellular telephones and

other contraband into Phillips State Prison. Once inmates obtained cellular
telephones and contraband, they traded and sold these items, creating a prison
economy that generated thousands of dollars of profit for them.

7. CHARONDA

EDWARDS was employed under a contract with the GDOC

and worked in the kitchen at the piison. EDWARDS obtained drugs, tobacco
and other items requested by SILVERS in exchange for payment. EDWARDS

smuggled the items into prison, fypically hiding them inside the Phillips State
Prison kitchen for inmates who would later retrieve the contraband.

B. EDWARDS also provided valuable correctional information to SILVERS,
such as when the prison would be "locked down."

9.

MORRIS, SILVERS, and EDWARDS relied on prison orderlies and other

inmates inside Phillips State Prison to move drugs, cellular telephones and other
items throughout the prison. MORRIS, SILVERS, and ADAM SMITH sold the

smuggled drugs and contraband to other inmates.
10.In one recorded call, SILVERS said that, even though they were in the

"hole," he had f.ood, cigarettes and marijuana in his cell and even expected to get
methamphetamine in the future.
11. SILVERS

paid EDWARDS using reloadable prepaid credit cards.

J

Count 1
12.The Grand Jury re-alleges and incorporates by reference Paragraphs

through
13.

11., as

if fully

set

1

forth herein.

Beginning in or about June,

20'1,4,

the exact date being unknown to the

Grand Jur\, and continuing until on or about September 4,2014, in the Northern

District of Georgia, attd elsewhere, defendants MIMS MORRIS, JOHNATHAN
SILVERS,

a/k/ a "TURTLE," CHARONDA EDWARDS, a/k/a "JOHN,"

ADAM SMITH, a/k/

a "SCRAP," af

arrd

kf a "SCRAPPY," did knowingly combine,

conspire, confederate, and agree with each other and with persons known and

unknown to the Grand Jwf , to violate Title 21, United States Code, Section
841(a)(1), that is, to knowingly possess with the intent to distribute controlled
substances, that is, methamphetamine and marijuana, all in violation of Title 21,

United States Code, Sections 846 and 841(b)(1XC) and (D).
Count 2
14. The Grand Jury re-alleges and incorporates by reference Paragraphs 1

through

11., as

if fully set forth herein.

15. Begirueiog

i. or about August, 201,4, the exact date being unknown to the

Grand Jurf r and continuing until on or about September 4,2014, in the Northern

District of Georgia, and elsewhere, defendant CHARONDA EDWARDS, a/k/

a

'JOHN,' did knowingly and unlawfully affect and attempt to affec! in any way
and degree, commerce and the movement of any article and commodity in
commerce by extortion, as those terms are defined in Title 18, United States

4

Code, Section 1951,(b), in violation of Title L8, United States Code, Section
1951(a).

The Credit Card Scheme
16. MORRIS used his

cellular telephone while in Phillips State Prison to

perpetuate various fraud schemes.

17.Onor about August 26,20L4, MORRIS called victim K.A., pretending to be
from Discover Card Services. MORRIS asked for K.A.'s Discover card number in
order to supposedly verify that he was speaki.g to the card holder. K.A. refused
to give over the number and ended the call.

18.In another call on the same day, MORRIS called victim B.T., pretending to
be a Discover Card representative, working in the "Fraudulent Specialist

Department." He informed B.T. there were fraudulent charges on her credit card
and he needed her credit card number to verify her identity. At his urging, B.T.

provided her credit card number to MORRIS. B.T. was unaware that MORRIS
was an inmate in a GDOC prison.
19.

\Alhile pretending to be 8.T., MORRIS called a Discover Card

representative and accessed B.T.'s Discover card account. During the call,
MORRIS used B.T.'s social security number and credit card number to authorize
a$2,200 transfer to another credit card MORRIS controlled.

20.In a second call to Discover Card later that day, MORRIS pretended that he
was B.T. and asked the representative to change the telephone number on the
account because he was going to be out of town for several weeks. Atthough

MORRIS was unable to answer basic security questions, the Discover
5

representative changed the telephone number on the account from B.T.'s
telephone number to MORRIS' cellular telephone number.
2L. Over the next couple of days, MORRIS contacted Discover Card

representatives repeatedly to ask about the $2,200 transfer. During the calls,
MORRIS provided B.T.'s personal informatiory such as her social security

number and credit card number, to attempt to access B.T.'s Discover card
account information. Using this inJormatiory MORRIS ordered a new Discover

credit card so that a relative could steal it out of B.T.'s mailbox and use it.
22.On or about September 3,201.4, MORRIS used B.T.'s information to apply

for additional credit cards. With the help of MONIQUE KINNEY, MORRIS was
approved over the Internet for a Capital One Platinum Card relying on B.T.'s
personal inJormation.

Count

3

23. The Grand Jury re-alleges and incorporates

by reference Paragraphs 1,

through 5 and Paragraphs 16 through 22, as if fully set forth herein.
24.BegSruriog

i, or about August 201,4, the exact date being unknown to the

Grand Jury, and continuing until on or about September 4,2014, in the Northern

District of Georgia and elsewhere, defendants MIMS MORRIS, TIFFANY
ALLEN, and MONIQUE KINNEY, a/k/a MONIQUE REED, conspired, agreed,
and had a tacit understandi.g with each other and others known and unknown
to the Grand Jury, to knowingly devise and intend to devise, and to

willfully

participate in, a scheme and artifice to defraud, to obtain money by means of
false and fraudulent pretenses, representations, and promises, and by omissions
6

of material facts, and in the execution of the scheme and artifice to defraud, did

knowingly cause the transmission in interstate commerce, by means of a wire
communicatiory certain signs, signals, and sounds, in violation of Title 18, United
States Code, Section 1343 and1349.

Count 4
25. The Grand

]ury re-alleges and incorporates by reference Paragraphs 1

through 5 and Paragraphs 16 through 22, as if fully set forth herein.
26.On or about August 26,20L4, in the Northern District of Georgia and
elsewhere, defendant MIMS MORRIS, for the purpose of executing the scheme
described above, did knowingly transmit and cause the transmission in interstate

commerce,by means of a wire communication, certain signs, signals, and
sounds, that is, personal information relating to victim J.C., in violation of Title
18, United States Code, Section 1343.

Count

5

27.The Grand Jury re-alleges and incorporates by reference Paragraphs

1

through 5 and Paragraphs l-6 through 22, as if fully set forth herein.
28.

On or about August 27,2014, in the Northern District of Georgia and

elsewhere, defendant MIMS MORRIS, for the purpose of executing the scheme
described above, did knowingly transmit and cause the fransmission in interstate

commerce,by means of a wire communication, certain signs, signals, and
sounds, that is, personal information relating to victim 8.T., in violation of Title
18, United States Code, Section 1343.
7

Count

6

2g.Between on or about August 27,201,4, and on or about September 4,201,4,

in the Northern District of Georgia, defendants MIMS MORRIS and MONIQUE
KINNEY, a/k/

a

MONIQUE REED, did knowi.gly possess and use, without

lawful authority, means of identification of another person, that person being
B.T., during and in relation to the commission of a felony offense enumerated

in

Title 18, United States Code, Section 1028A(c)(5), that is, a wire fraud conspiracy
as alleged

in Count 3, in violation of Title 18, United States Code, Section

1028A(a)(l).

Count 7
30.

On or August24,201,4, in the Northern District of Georgia, defendants

MIMS MORRIS and TIFFANY ALLEN did knowi.gly possess and use, without

lawful authority, means of identification of another person, that person being
A.D., during and in relation to the commission of a felony offense enumerated in
Title 18, United States Code, Section 1028A(a)(5), that is, a wire fraud conspiracy
as alleged

in Count 3, in violation of Title 18, United States Code, Section

1028,{(a)(1).

The Fake Emp loyment Scheme
31. On

or about August

31., 201.4,

MIMS MORRIS texted TIFFANIY ALLEN,

telling her that he intended to act as though he was hiring people. MORRIS
explained that he would fraudulently obtain personal information from people
seeking work and then would order debit cards in their names, using their

B

personal information. MORRIS explained to ALLEN that it was "easy as pie" to
get someone's personal information.
32. MORRIS directed

ALLEN to post a fraudulent advertisement on Craigslist

for job applicants for non-existent construction and roofing jobs.
33. MORRIS

provided a fake company name and an address in Sacramento,

California. MORRIS provided his cellular telephone in prison

as the telephone

number for the fake company so that the victims would call him directly in

prison and provide their personal inJormation. ALLEN attempted to post this
inJormation on Craigslist for MORRIS, knowing the details of the scheme.
Count 8
34. The Grand Jury re-alleges and incorporates

by reference Paragraphs

1

through 5 and Paragraphs 31 through 33, as if fully set forth herein.
35.

Beginni.g

i.

or about August

201,4,

the exact date being unknown to the

Grand h;ly ,and continuing until on or about September 4, 2014, in the Northern

District of Georgia and elsewhere, defendants MIMS MORRIS and TIFFANY

ALLEN conspired,

agreed, and had a tacit understandi.g

with each other and

others known and unknown to the Grand Jury, to knowingly devise and intend

to devise, and to willfully participate in, a scheme and artifice to defraud, to
obtain money by means of false and fraudulent pretenses and representations,
and by omissions of material facts, and in the execution of the scheme and

artifice to defraud, did knowingly cause the transmission in interstate commerce,

by means of a wire communication, certain signs, signals, and sounds, in
violation of Title 18, United States Code, Sections 1243 andlg4g.
9

Count 9
36. The Grand Jury re-alleges and

incolporates by reference Paragraphs

1

through 5 and Paragraphs 31 thlough 33, as if fully set forth herein.
37.On or about August 31.,201.4, in the Northern District of Georgia and
elsewhere, defendants MIMS MORRIS and TIFFANY ALLEN, for the purpose of

executing the scheme described above, did knowi.gly transmit and cause the
transmission and did attempt to transmit and cause the transmission in interstate
commerce,by means of a wire communication, certain signs, signals, and
sounds, namely by way of cellular telephones and the Internet, in violation of

Title 18, United States Code, Sections 1343 and1349.
Forfeiture
38. The allegations contained

in Paragraphs

'1,-28 andS'1,-37

of this Indictment

are hereby re-alleged and incorporated by reference for the purpose of alleging

forfeitures pursuant to Title 21, United-States Code, Section 853, Tifle 18, United
States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 246L.
39.

Pursuant to Tltle

2'1,,

United States Code, Section 853, upon conviction of

an offense in violation of Title 21, United States Code, Section

defendants MIMS MORRIS, IOHNATHAN SILVERS,

841.

or 846,

a/k/a "TURTLE,'

CHARONDA EDWARDS, a/k/a "JOHN" and ADAM SMITH, a/k/

a

"SCRAR" af kf a "SCRAPPY," shall forfeit to the United States of America any
property constituting, or derived from, any proceeds obtained, directly or
indirectly, as the result of such offenses and any properly used, or intended to be
used, in any manner or part, to commit, or to facilitate the commission
10

ol the

offenses. The property to be forfeited includes, but is not limited to, a sum of
money representing the amount of proceeds obtained as a result of the drug
offenses.

40.In addition, upon conviction of an offense in violation of Title
States Code, Section 1951.(a), defendant CHARONDA EDWARDS,

"IOHN," shall forfeit to the United

1,8,

United

a/k/a

States any property constituting, or derived

from, any proceeds obtained, clirectly or indirectly, as the result of such offense
pursuant to Title 18, United States Code, Section 98t(a)(t)(C) and Title 28, United
States Code, Section 246'1., including, but not

limited to, a sum of money

representing the amount of proceeds obtained as a result of the offense.

41.In addition, upon conviction of an offense in violation of Title 18, United
States Code, Section 1343, defendants MIMS MORRIS, TIFFANY ALLEN, and

MONIQUE KINNEY, a/k/ a MONIQUE REED, shall forfeit to the United States
any property constituting, or derived from, any proceeds obtained, directly or

indirectly, as the result of such offense pursuant to Title 18, United States Code,
Section 981(a)(1)(C) and Title28, United States Code, Section 246L,

including,but

not limited to, a sum of money representing the amount of proceeds obtained as
a result of the

wire fraud offense.

42.If any of the property described above, as a resuit of any act or omission
of the defendant[s]:
a. cannot be located upon the exercise of due diligence;
b

has been transferred or sold to, or deposited

party;

11

with, a third

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
divided without difficulty,

the United States of America shall be entitled to forfeiture of substitute property

pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title
l.B, United States Code, Section 982(b)

A

//u{
FOREPERSON

JouN A

ORN
tes Attorney

Ku

R. EnsrrNE
t Assistant United States Attorney
eor giaBar No.249953

2

EnrN E.

Z
SeNpsns

Special Assistant United States Attorney
Georgia Bar No. 552091,
600 U.S. Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303
404-581-6000; Fax : 404-581-

61,81

12

BILL