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Date: 09-21-2021
Case Style:
Case Number: 2:21-cr-00115-MHH-GMB
Judge: 2:21-cr-00115-MHH-GMB-1
Court: United States District Court for the Northern District of Alabama (Jefferson County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Birmingham, AL: Criminal defense lawyer represented defendant charged with conspiracy to defraud his former employer Chick-fil-A.
Larry James Black, Jr., 37, of Center Point, the former Director of Hospitality at Chick-fil-A Five Points, charged with conspiracy to commit wire fraud and bank fraud. Black’s co-defendant, Joshua Daniel Powell, 40, of Moody, a former manager at the same location, pleaded guilty to conspiracy to commit wire fraud in June.
Between April 2018 and January 2018, Black and Powell devised and implemented a scheme to divert $492,000 in customer payments to bank accounts under their control. Black and Powell used these accounts to receive customer credit card payments intended for Chick-fil-A Five Points. Many of these payments were for catering orders from large customers. To effectuate the scheme, Black and Powell used fraudulent email and digital payment accounts that imitated the look of official Chick-fil-A accounts. In addition to these fraudulent “Chick-fil-A” accounts, Black and Powell also utilized a personal email account belonging to Powell to intercept virtual credit card payments that were made on behalf of an additional customer. Black used the fraud proceeds to support his lifestyle, including the purchase of high-end luxury vehicles and vacations.
In addition to conspiring to defraud Chick-Fil-A Five Points, Black acknowledged in the plea agreement that he provided a false social security number to various financial institutions and executed a scheme to defraud his mortgage lender. In January 2020, Black applied for a mortgage loan. In connection with his loan application, Black forged payroll records and made misrepresentations regarding his income from the Chick-fil-A franchise. As a result of these material misrepresentations, Black was able to secure a mortgage in the amount of $159,948.00 to finance the purchase of a home in Center Point, Alabama.
Black and Powell face a maximum sentence of 20 years in prison for conspiracy to commit wire fraud. Black also faces a maximum of 30 years in prison for bank fraud.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorney Edward J. Canter prosecuted the case.
18:1343 & 1349 FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:1343 & 2 FRAUD BY WIRE, RADIO, OR TELEVISION
(2-10)
18:1344 BANK FRAUD
(11)
42:408(a)(7)(B) MISUSE OF SOCIAL SECURITY NUMBER
(12-16)
Outcome: 09/21/2021 Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Change of Plea Hearing as to Larry James Black, Jr held on 9/21/2021, via Zoom videoconference. Guilty plea entered as to Counts 1 and 11; USA will move to dismiss Counts 2-10 and 12-16 at sentencing. Court accepted plea and adjudged dft guilty as charged in Counts 1 and 11 of the Indictment. Dft released on same bond conditions pending sentencing. (Court Reporter Leah Turner.) (YMB) (Entered: 09/21/2021)
09/21/2021 33 TEXT ORDER as to Larry James Black, Jr: Sentencing set for Thursday, 1/20/2022 at 11:00 AM, CR 7B, Hugo L Black US Courthouse, Birmingham, AL. Signed by Judge Madeline Hughes Haikala on 9/21/2021. (YMB) (Entered: 09/21/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: