United States of America v. Marcus Bernard Clark

Orlando, Florida, criminal defense lawyer represented the Defendant charged with fraud and related access devices fraudulently used with fifteen or more unauthorized devices and aggravated identity theft.

Marcus Bernard Clark, age 31, of Fort Walton Beach, Florida, worked at a Wendy’s fast food restaurant in Destin, Florida. During a judicially authorized extraction of the defendant’s cell phone related to another criminal case, law enforcement discovered over 200 photographs and some short videos of different individuals’ credit and debit cards. Investigators determined the photographs were taken at Wendy’s while the defendant was working. None of the victims gave permission to the defendant to photograph their bank cards containing their names and card numbers.

As to the fraudulent use of access devices count, Clark faces a maximum penalty of ten years’ imprisonment. For the aggravated identity theft count, he also faces an additional two years of imprisonment, which must run consecutively to any sentence imposed on the first count.

The case involved an investigation by the Okaloosa County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Jessica S. Etherton.

ACCEPTANCE OF PLEA OF GUILTY re 32 Report and Recommendation. Plea of Guilty as to MARCUS BERNARD CLARK (1) to Counts One and Two of the indictment is hereby ACCEPTED. Signed by JUDGE T KENT WETHERELL II