Devonte Hammonds Indictment

Case 2:20-cr-00238-ACA-GMB Document 1 Filed 07/28/20 Page 1 of 8 FILED
2020 Jul-31 AM 09:46

U.S. DISTRICT COURT
N.D. OF ALABAMA
PFE / JBW: August 2020

Grand Jury # 27
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA )

)
v. )
)
DEVONTE LEMOND HAMMONDS )
INDICTMENT
The Grand Jury charges:
COUNT ONE
Access Device Fraud
Title 18, United States Code, Section 1029(a)(2)
1. The United States Postal Service (USPS) maintains a website,
www.usps.com. Customers who move to a new residential address may use a form
on that website to submit a permanent change-of-address request so that their USPS
mail is properly rerouted to their new address.
2. During 2019, defendant DEVONTE LEMOND HAMMONDS
caused requests to be submitted on usps.com to change a number of customer
mailing addresses to the address of an apartment located at 1124 15th Street North
in Birmingham, Alabama, within the Northern District of Alabama. The requests
were made without the knowledge or consent of the individual customers who
resided at those addresses.

Case 2:20-cr-00238-ACA-GMB Document 1 Filed 07/28/20 Page 2 of 8
3. In or about 2019, defendant DEVONTE LEMOND HAMMONDS
caused requests to be submitted on usps.com to change a number of other customer
mailing addresses to the address of an apartment located at 1200 33rd Street South
in Birmingham, Alabama, within the Northern District of Alabama. The requests
were made without the knowledge or consent of the individual customers who
resided at those addresses.
4. Defendant DEVONTE LEMOND HAMMONDS caused the
identities of the individuals described in paragraphs 2 and 3 to be used to make
purchases, make payments, and open or attempt to open accounts with certain
financial institutions.
5. In or about 2019, in Jefferson County within the Northern District of
Alabama, and elsewhere, defendant
DEVONTE LEMOND HAMMONDS,
knowingly and with intent to defraud, used one or more unauthorized access devices
within a one-year period, and by such conduct obtained money and goods with a
total value of more than $1,000 during that period, such transactions affecting
interstate commerce.
All in violation of Title 18, United States Code, Section 1029(a)(2).

COUNTS TWO THROUGH FOUR

Wire Fraud Affecting a Financial Institution
Title 18, United States Code, Section 1343
6. In or about December 2019, Huntsville Police Department officer Billy
Clardy III was killed in the line of duty.
7. The Billy Clardy Memorial Fund was established to provide aid to
Clardy’s family.
8. A bank account for the Billy Clardy Memorial Fund was established at
Redstone Federal Credit Union (Billy Clardy Memorial Fund Account), with a bank
account number ending in the digits 0852.
9. In or about December 2019, defendant DEVONTE LEMOND
HAMMONDS caused the means of identification of a real person, C.M., to be used
to make electronic withdrawals from the Billy Clardy Memorial Fund Account.
Defendant DEVONTE LEMOND HAMMONDS caused these withdrawals to be
made without C.M.’s knowledge or consent, and without authorization.
10. In or about December 2019, the exact dates being unknown, in Madison
County within the Northern District of Alabama, and elsewhere, defendant
DEVONTE LEMOND HAMMONDS
knowingly devised and intended to devise a scheme and artifice to defraud Redstone
Federal Credit Union, a financial institution, and to obtain money and property
belonging to and under the custody and control of Redstone Federal Credit Union
and the Billy Clardy Memorial Fund by means of materially false and fraudulent
pretenses, representations, and promises.
Purpose of the Scheme and Artifice
11. The factual allegations of paragraphs 6 through 10 of this indictment
are re-alleged as though fully set forth herein, as the description of the purpose of
the scheme and artifice.
The Wire Communications: Counts Two, Three, and Four
12. On or about the dates listed for each count below, in Madison County
within the Northern District of Alabama, and elsewhere, defendant
for the purpose of executing the above-described scheme and artifice affecting a
financial institution and attempting to do so, caused to be transmitted in interstate
commerce, by means of a wire communication, certain signs and signals, that is,
defendant
DEVONTE LEMOND HAMMONDS
caused an interstate communication between Alabama and another state to be made
on each occasion below, by causing to be withdrawn the amounts below on or about
the dates below from the Billy Clardy Memorial Fund Account to a Comenity Bank
account in the name of C.M., within the Northern District of Alabama.
13. The allegations of paragraphs 6 through 12 of this indictment are re-

alleged for each of the counts below as though fully set forth therein.
Count Date Amount
Two 12/17/2019 $1,282.63
Three 12/23/2019 $450.00
Four 12/27/2019 $28.00
NOTICE OF FORFEITURE
Title 18, United States Code, Sections 982(a)(2)(B) and 1029(c)(1)(C)
14. The allegations contained in count one of this indictment are hereby re-
alleged and incorporated by reference for the purpose of alleging forfeitures pursuant
to Title 18, United States Code, Sections 982(a)(2)(B) and 1029(c)(1)(C).
15. Upon conviction of the offenses in violation of Title 18, United States
Code, Section 1029, set forth in count one of this indictment, the defendant,
shall forfeit to the United States of America – (A) pursuant to Title 18, United States
Code, Section 982(a)(2)(B), any property constituting, or derived from, proceeds
obtained, directly or indirectly, as a result of such violations; and (B) pursuant to
Title 18, United States Code, Section 1029(c)(1)(C), any personal property used or
intended to be used to commit the offenses.
16. 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
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
18, United States Code, Sections 982(b)(1) and 1029(c)(2) and Title 28, United
States Code, Section 2461(c).
All pursuant to Title 18, United States Code, Sections 982(a)(2)(B) and
1029(c)(1)(C), and Title 28, United States Code, Section 2461(c).
NOTICE OF FORFEITURE
Title 18, United States Code, Section 982(a)(2)(A)
17. The allegations contained in counts two, three, and four of this
indictment are hereby re-alleged and incorporated by reference for the purpose of
alleging forfeiture pursuant to Title 18, United States Code, Section 982(a)(2)(A).
18. Pursuant to Title 18, United States Code, Section 982(a)(2)(A), upon
conviction of wire fraud, in violation of Title 18, United States Code, Section 1343,
the defendant,

shall forfeit to the United States of America any property constituting, or derived
from, proceeds he obtained directly or indirectly as the result of such violation.
19. 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
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
18, United States Code, Section 982(b)(1), and Title 28, United States Code, Section
2461(c).
A TRUE BILL
/s/ Electronic Signature
FOREPERSON OF THE GRAND JURY

PRIM F. ESCALONA
United States Attorney
/s/ Electronic Signature
JOHN B. WARD
Assistant United States Attorney

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Case 2:20-cr-00238-ACA-GMB Document 1 Filed 07/28/20 Page 1 of 8 FILED

2020 Jul-31 AM 09:46

PFE / JBW: August 2020

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA )

The Grand Jury charges:

1. The United States Postal Service (USPS) maintains a website,

on that website to submit a permanent change-of-address request so that their USPS

mail is properly rerouted to their new address.

2. During 2019, defendant DEVONTE LEMOND HAMMONDS

caused requests to be submitted on usps.com to change a number of customer

in Birmingham, Alabama, within the Northern District of Alabama. The requests

resided at those addresses.

3. In or about 2019, defendant DEVONTE LEMOND HAMMONDS

caused requests to be submitted on usps.com to change a number of other customer

in Birmingham, Alabama, within the Northern District of Alabama. The requests

resided at those addresses.

4. Defendant DEVONTE LEMOND HAMMONDS caused the

identities of the individuals described in paragraphs 2 and 3 to be used to make

5. In or about 2019, in Jefferson County within the Northern District of

Alabama, and elsewhere, defendant

DEVONTE LEMOND HAMMONDS,

All in violation of Title 18, United States Code, Section 1029(a)(2).

COUNTS TWO THROUGH FOUR

6. In or about December 2019, Huntsville Police Department officer Billy

Clardy III was killed in the line of duty.

7. The Billy Clardy Memorial Fund was established to provide aid to

account number ending in the digits 0852.

9. In or about December 2019, defendant DEVONTE LEMOND

HAMMONDS caused the means of identification of a real person, C.M., to be used

Defendant DEVONTE LEMOND HAMMONDS caused these withdrawals to be

made without C.M.’s knowledge or consent, and without authorization.

County within the Northern District of Alabama, and elsewhere, defendant

DEVONTE LEMOND HAMMONDS

pretenses, representations, and promises.

Purpose of the Scheme and Artifice

11. The factual allegations of paragraphs 6 through 10 of this indictment

the scheme and artifice.

The Wire Communications: Counts Two, Three, and Four

within the Northern District of Alabama, and elsewhere, defendant

DEVONTE LEMOND HAMMONDS,

financial institution and attempting to do so, caused to be transmitted in interstate

DEVONTE LEMOND HAMMONDS

caused an interstate communication between Alabama and another state to be made

on each occasion below, by causing to be withdrawn the amounts below on or about

account in the name of C.M., within the Northern District of Alabama.

13. The allegations of paragraphs 6 through 12 of this indictment are re-

Count Date Amount

Two 12/17/2019 $1,282.63

Three 12/23/2019 $450.00

Four 12/27/2019 $28.00

to Title 18, United States Code, Sections 982(a)(2)(B) and 1029(c)(1)(C).

DEVONTE LEMOND HAMMONDS,

Code, Section 982(a)(2)(B), any property constituting, or derived from, proceeds

obtained, directly or indirectly, as a result of such violations; and (B) pursuant to

intended to be used to commit the offenses.

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