Former Wendy’s Employee Pleads Guilty to Fraud and Aggravated Identity Theft Charges

Pensacola, Florida - Marcus Bernard Clark, 31, of Fort Walton Beach, Florida, pleaded guilty in federal court to fraudulent use of fifteen or more access devices and aggravated identity theft. The plea was announced by John P. Heekin, United States Attorney for the Northern District of Florida.

U.S. Attorney Heekin said: "This fraudster exploited his access to customers' credit and debit card information to try to enrich himself at their expense. Thanks to the excellent investigative work by our state law enforcement partners and this successful prosecution by my office, federal prison awaits him."

Court documents reflect that in September and October 2022, the defendant 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.

Clark's sentencing is scheduled for July 16, 2026, at 9:00 am, at the United States Courthouse in Pensacola before United States District Judge T. Kent Wetherell, II.

The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation's principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of FloridaLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link. website. For more information about the United States Attorney's Office, Northern District of Florida, visit https://www.justice.gov/usao-ndfl.