Case 1:20-cv-00306-RP Document 1 Filed 03/21/20 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`Case No. A-20-CV-306
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`UNITED STATES OF AMERICA,
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`JOHN DOE, a/k/a
`“coronavirusmedicalkit.com,”
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`Plaintiff,
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`v.
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`Defendant.
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`COMPLAINT FOR TEMPORARY RESTRAINING ORDER,
`PRELIMINARY INJUCTION, AND PERMANENT INJUNCTION
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`For its Complaint against Defendant John Doe (“Defendant”), the United States of
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`America (“United States”) alleges as follows:
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`INTRODUCTION
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`1.
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`Defendant is engaging in and facilitating a predatory wire fraud scheme
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`exploiting the current COVID-19 pandemic.
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`2.
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`On March 3, 2020, NameCheap, Inc. registered on behalf of Doe the website
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`“coronavirusmedicalkit.com,” which promotes and purports to allow consumers to order free
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`World Health Organization “vaccine kits” if they pay $4.95 for shipping.
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`3.
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`The claims made on the “coronavirusmedicalkit.com” website are false. The
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`World Health Organization is not offering free vaccine kits for COVID-19.
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`4.
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`The purpose of the website is to induce victims to pay Doe and those working in
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`concert with him or her $4.95 for such non-existent kits, and/or to obtain credit card and other
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`personal information from victims for purposes of engaging in fraudulent purchases and identity
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`theft.
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
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`
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`Case No. A-20-CV-306
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`
`
`
`
`UNITED STATES OF AMERICA,
`
`
`
`
`
`JOHN DOE, a/k/a
`“coronavirusmedicalkit.com,”
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`Defendant.
`
`
`
`
`
`COMPLAINT FOR TEMPORARY RESTRAINING ORDER,
`PRELIMINARY INJUCTION, AND PERMANENT INJUNCTION
`
`For its Complaint against Defendant John Doe (“Defendant”), the United States of
`
`America (“United States”) alleges as follows:
`
`INTRODUCTION
`
`1.
`
`Defendant is engaging in and facilitating a predatory wire fraud scheme
`
`exploiting the current COVID-19 pandemic.
`
`2.
`
`On March 3, 2020, NameCheap, Inc. registered on behalf of Doe the website
`
`“coronavirusmedicalkit.com,” which promotes and purports to allow consumers to order free
`
`World Health Organization “vaccine kits” if they pay $4.95 for shipping.
`
`3.
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`The claims made on the “coronavirusmedicalkit.com” website are false. The
`
`World Health Organization is not offering free vaccine kits for COVID-19.
`
`4.
`
`The purpose of the website is to induce victims to pay Doe and those working in
`
`concert with him or her $4.95 for such non-existent kits, and/or to obtain credit card and other
`
`personal information from victims for purposes of engaging in fraudulent purchases and identity
`
`theft.
`
`
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`Case 1:20-cv-00306-RP Document 1 Filed 03/21/20 Page 2 of 5
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`5.
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`The United States seeks to prevent continuing and substantial injury to victims of
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`this fraudulent scheme by bringing this civil action under 18 U.S.C. § 1345 to enjoin Defendant’s
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`ongoing wire fraud in violation of 18 U.S.C. § 1343.
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`JURISDICTION AND VENUE
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`6.
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`The Court has subject matter jurisdiction over this action under 18 U.S.C. § 1345
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`and 28 U.S.C. §§ 1331 and 1345.
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`7.
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`Venue is proper in this district under 28 U.S.C. § 1391(b)(2) because a substantial
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`part of the events or omissions giving rise to the claim occurred in this district.
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`THE PARTIES
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`Plaintiff is the United States of America.
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`Defendant John Doe, acting alone or in concert with others, is the unknown
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`8.
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`9.
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`registrant of “coronavirusmedicalkit.com” who has formulated, directed, controlled, had the
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`authority to control, or participated in the acts and practices set forth in this Complaint.
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`FRAUDULENT SCHEME
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`10.
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`On March 19, 2020, FBI Supervisory Special Agent Jordan L. Loyd, from a
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`computer located in Austin, Texas, visited the website coronavirusmedicalkit.com and observed
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`the following statement: “Due to the recent outbreak for the Coronavirus (COVID-19) the World
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`Health Organization is giving away vaccine kits. Just pay $4.95 for shipping.”
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`11.
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`The website contains a link directing consumers to “Order Now.” Clicking on the
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`link takes consumers to a page bearing the FedEx logo that asks of the visitor to input credit card
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`and billing information.
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`12.
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`The claims made on the “coronavirusmedicalkit.com” website are false and
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`fraudulent, as the participants in the scheme know that the World Health Organization is not
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`2
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`Case 1:20-cv-00306-RP Document 1 Filed 03/21/20 Page 3 of 5
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`giving away free vaccine kits and that individuals who visit the website cannot order such a kit
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`by paying $4.95 for shipping.
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`13.
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`The website uses a photograph of Dr. Anthony Fauci, the head of the National
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`Institute of Allergy and Infectious Diseases at the National Institutes of Health, in order to add
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`the imprimatur of the United States government to its claims.
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`14.
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`NameCheap, Inc. plays a critical role in the scheme by serving as the domain
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`registrar of the website, which allows potential victims to access the website.
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`15.
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`On March 19, 2020, the Department of Justice informed NameCheap, Inc. of the
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`fraudulent statements made on the “coronavirusmedicalkit.com” website. As of 5:50 PM CST
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`on March 21, 2020, the website is still accessible to the public.
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`16.
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`Victims suffer identity theft and financial losses from the wire fraud scheme
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`engaged in and facilitated by Defendant.
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`17.
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`Absent injunctive relief by this Court, Defendant’s conduct will continue to cause
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`injury to victims.
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`COUNT ONE
`18 U.S.C. § 1345
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`The United States re-alleges and incorporates each of the preceding paragraphs as
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`18.
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`though fully set forth herein.
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`19.
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`By reason of the conduct described herein, Defendant has violated, is violating,
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`and is about to violate 18 U.S.C. § 1343 by engaging in and facilitating a scheme and artifice to
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`defraud and obtain money or property by means of false or fraudulent representations with the
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`intent to defraud, and, in so doing, use interstate or foreign wire communications.
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`20.
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`Upon a showing that Defendant is committing or about to commit a violation of
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`18 U.S.C. § 1343, the United States is entitled, under 18 U.S.C. § 1345, to seek a temporary
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`3
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`Case 1:20-cv-00306-RP Document 1 Filed 03/21/20 Page 4 of 5
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`restraining order, a preliminary injunction, and a permanent injunction restraining all future
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`fraudulent conduct. The Court may also grant such other relief it deems just and proper to
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`prevent a continuing and substantial injury to victims of the fraud scheme.
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`21.
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`As a result of the foregoing, the Court should enjoin Defendant’s conduct under
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`18 U.S.C. § 1345.
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`PRAYER FOR RELIEF
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`WHEREFORE, the United States requests judgment in its favor and against the
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`Defendant, including the following relief:
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`A.
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`That the Court issue an order, pursuant to 18 U.S.C. § 1345, pending a hearing
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`and determination of the United States’ application for a preliminary injunction, that Defendant,
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`its agents, officers, and employees, and all other persons or entities in active concert or
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`participation with them, are temporarily restrained from committing wire fraud, as defined by 18
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`U.S.C. § 1343, and from maintaining and doing business through the use of the domain
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`“coronavirusmedicalkit.com;”
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`B.
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`That the Court issue a preliminary injunction, pursuant to 18 U.S.C. § 1345, on
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`the same basis and to the same effect;
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`C.
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`That the Court issue a permanent injunction, pursuant to 18 U.S.C. § 1345, on the
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`same basis and to the same effect;
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`D.
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`All such further relief as may be just and proper.
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`4
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`Case 1:20-cv-00306-RP Document 1 Filed 03/21/20 Page 5 of 5
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`Dated: March 21, 2020
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`JOSEPH H. HUNT
`Assistant Attorney General
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`GUSTAV W. EYLER
`Director
`Consumer Protection Branch
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`ROSS S. GOLDSTEIN
`Senior Litigation Counsel
`D.C. Bar No. 480280
`U.S. Department of Justice
`Consumer Protection Branch
`P.O. Box 386
`Washington, DC 20044
`(202) 353-4218
`ross.goldstein@usdoj.gov
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`Respectfully submitted,
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`JOHN F. BASH
`United States Attorney
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`/s/ Thomas A. Parnham, Jr.
`THOMAS A. PARNHAM, JR.
`New York Bar No. 4775706
`MICHAEL C. GALDO
`Virginia Bar No. 75696
`Assistant United States Attorneys
`903 San Jacinto Blvd, Suite 334
`Austin, Texas 78701
`Tel: (512) 916-5858 | Fax: (512) 916-5854
`Email: thomas.parnham@usdoj.gov
`Email: michael.galdo@usdoj.gov
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`Counsel for the United States
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`5
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