Court filing
INDICTMENT with FORFEITURE PROVISION as to Darrell Thomas (1) count(s) 1-26, 29-30, Andre Lee… — Carla Jackson (Dkt. 1)
No. 1:20-cr-00296-JPB-CMS · Doc. 1 · Docket on CourtListener
Summary
A Criminal Indictment with forfeiture provision against Darrell Thomas, Andre Lee Gaines, Kahlil Gibran Green Sr., Bern Benoit and Carla Jackson, No. 1:20-cr-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia, filed August 4, 2020 as Document 1. The grand jury charges that Thomas, Gaines, Green and Benoit submitted PPP loan applications with falsified IRS Form 941s and bank statements. It alleges that lenders funded the loans in May 2020, including approximately $799,955.35 to Bellator Phront Group Inc. and $830,417 to Transportation Management Services Inc. Count One charges Thomas and Gaines with conspiracy to commit bank fraud and wire fraud under 18 U.S.C. § 1349. The forfeiture provision lists seized bank funds and vehicles, and the 39-page indictment ends with the signature blocks of the prosecutors.
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Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 1 of 39
FILED IN OPEN COURT
~ ~ V.8110 -Atlanta
AU6942020 ‘~
Cle*
IN THE UNITED STATES DISTRICT COURT ~ ~
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v. Criminal Indictment
DARRELL THOMAS, No. Z 20 CR 29R
ANDRE LEE GAINES,
KAHLIL GIBRAN GREEN SR.
A/K/A KHALIL GREEN,
BERN BENOIT A/K/A BURN
BENOIT, AND
CARLA JACKSON
THE GRAND JURY CHARGES THAT:
Background
At times relevant to this Indictment:
The Defendants
1. DARRELL THOMAS (“THOMAS”) was an individual residing in the
state of Georgia who claimed ownership, and is the Chief Financial Officer, of
Bellator Phront Group Inc., a Georgia corporation. As of May 21, 2020, THOMAS
claimed to be the Chief Executive Officer, Secretary, and registered agent of Elite
Executive Services Inc., a Georgia corporation.
2. ANDRE LEE GAINES (“GAINES”) was an individual residing in the
State of Georgia who claimed sole ownership of Gaines Reservation and Travel
LLC, a Georgia corporation.
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 2 of 39
3, KAHLIL GIBRAN GREEN SR. A/K/A KHALIL GREEN (“GREEN”)
was an individual residing in the state of Ohio who claimed sole ownership of
Impact Creations LLC, an Ohio corporation.
4. BERN BENOIT A/K/A BURN BENOIT (“BENOIT”) was an individual
residing in the state of California who claimed sole ownership of Transportation
Management Services Inc., a Minnesota corporation.
5. CARLA JACKSON (“JAcKSoN”) was an individual residing in the state
of Georgia who claimed sole ownership of Management Resource Services Inc., a
Georgia Corporation.
The Small Business Administration
6. The United States Small Business Administration (“SBA”) was an
executive branch agency of the United States government that provided support
to entrepreneurs and small businesses. The mission of the SBA was to maintain
and strengthen the nation’s economy by enabling the establishment and viability
of small businesses and by assisting in the economic recovery of communities
after disasters.
7. As part of this effort, the SBA enabled and provided for loans
through banks, credit unions, and other lenders. These loans had government-
backed guarantees.
The Paycheck Protection Program
8. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act
was a federal law enacted in or about March 2020 and was designed to provide
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Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 3 of 39
emergency financial assistance to the millions of Americans who are suffering
the economic effects caused by the COVID-19 pandemic.
9. One source of relief that the CARES Act provided for was the
authorization of up to $349 billion in forgivable loans to small businesses for
payroll, mortgage interest, rent/lease, and utilities, through a program referred
to as the Paycheck Protection Program (“PPP”). In April 2020, Congress
authorized up to $310 billion in additional PPP funding.
10. The PPP allowed qualifying small businesses and other
organizations to receive PPP loans. Businesses must use PPP loan proceeds for
payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the
interest and principal on the PPP loan to be entirely forgiven if the business spent
the loan proceeds on these expense items within a designated period of time and
used a certain percentage of the PPP loan proceeds for payroll expenses.
11. The amount of a PPP loan that a small business may have been
entitled to receive was determined by the number of employees employed by the
business and the business’s average monthly payroll costs.
12. In order to obtain a PPP loan, a qualifying business was required to
submit a PPP loan application, which was signed by an authorized
representative of the business. The PPP loan application required the business
(through its authorized representative) to acknowledge the program rules and
make certain affirmative certifications in order to be eligible to obtain the PPP
loan. In the PPP loan application, the small business (through its authorized
representative) had to state, among other things, its (a) average monthly payroll
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expenses and (b) number of employees. These figures were used to calculate the
amount of money the small business was eligible to receive under the PPP. In
addition, businesses applying for a PPP loan had to provide documentation
showing their payroll expenses.
13. The SBA oversaw the PPP. However, individual PPP loans were
issued by private, approved lenders who received and processed PPP
applications and supporting documentation, and then made loans using the
lenders’ own funds, which were 100% guaranteed by the SBA. Data from the
application, including information about the borrower, the total amount of the
loan, and the listed number of employees, was transmitted by the lender to the
SBA in the course of processing the loan.
Relevant Financial Institutions and Affiliates
14. Financial Institution 1 was a Federal Deposit Insurance Corporation
(“FDIC”) insured financial institution headquartered in Fort Lee, New Jersey.
Financial Institution 1 participated in the SBA’s FPP as a lender, and as such, was
authorized to lend funds to eligible borrowers under the terms of the PPP.
15. Financial Institution 2 was a FDIC.-insured financial institution
headquartered in Salt Lake City, Utah. Financial Institution 2 participated in the
SBA’s P1W as a lender, and as such, was authorized to lend funds to eligible
borrowers under the terms of the PPP.
16. Financial Institution 3 was a non-bank financial institution
headquartered in Laguna Hills, California. Financial Institution 3 participated in
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the SBA’s PPP as a lender, and as such, was authorized to lend funds to eligible
borrowers under the terms of the PPP.
17. Company 1 was a publicly traded company that specialized in
small-business lending. Company 1 was based in Redwood City, California.
company 1 participated in the SBA’s PPP by, among other things, acting as a
service provider between small businesses and certain banks, including Financial
Institution 1 and Financial Institution 2. Small businesses seeking PPP loans
could apply through Company 1 for PPP loans. Company 1 would review the
loan applications. If a loan application received by Company 1 was approved for
funding, a partner bank, such as Financial Institution 1 or Financial Institution 2,
disbursed the loan funds to the applicant.
18. Bank 1 was a FDIC-insured financial institution based in New York,
New York with branches throughout the United States.
19. Bank 2 was a FDIC-insured financial institution based in Cincinnati,
Ohio with branches throughout the United States.
20. Bank 3 was a FDIC-insured financial institution based in Pittsburgh,
Pennsylvania with branches throughout the United States.
21. Bank 4 was a FDIC-insured financial institution based in Charlotte,
North Carolina with branches throughout the United States.
22. Bank 5 was a FDIC-insured financial institution based in San
Francisco, California with branches throughout the United States.
5
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The Fraudulent PPP Loan Applications and Supporting Documentation
23. On or about the dates listed below, THOMAS, GAINES, GREEN, and
BENOIT each submitted, or assisted in the submission of, a PPP loan application
for their respective business, and THOMAS submitted a PPP loan application for
Lee Operations LLC, to a lender approved by the SBA to issue PPP loans.
Defendant/ Date Average Number Purpose of the PPP Lender
Business Signed Monthly of Loan
(on or Payroll Employees
about)
TH0MA5/ April 21, $319,982.14 66 Payroll Financial
Bellator Phront 2020 Lease/Mortgage Institution
Group Inc. Interest 3
GA1NES/ May 18, $322,684 69 Payroll Financial
Gaines Reservation 2020 Lease/Mortgage Institution
and Travel LLC Interest 1
GREEN/ May 17, $332,000 67 Payroll Financial
Impact Creations 2020 Lease/Mortgage Institution
LLC Interest 1
Utilities
THOMAS/ May 20, $322,325.20 63 Payroll Financial
Lee Operations 2020 Lease/Mortgage Institution
LLC Interest 2
Utilities
BENorr/ May 20, $332,167 66 Payroll Financial
Transportation 2020 Lease/Mortgage Institution
Management Interest I
Services Inc. Utifities
24. THOMAS, GAINES, GREEN, and BENOIT each electronically signed,
or authorized another individual to electronically sign, their respective PPP
Borrower Application Form on or about the dates listed above.
25. THOMAS completed the Borrower Application Form for Lee
Operations LLC using the personal and business information of an individual
named E.L. and Lee Operations LLC, respectively. THOMAS used E.L.’s
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electronic signature on or about the date listed above when submitting the PPP
loan application for Lee Operations LLC.
26. In addition, the loan applications contained the respective initials of
each Defendant, and THOMAS added E.L.’s initials, to certify each of the
following representations:
a. The Applicant business was in operation on February 15, 2020
and had employees for whom it paid salaries and payroll
taxes or paid independent contractors, as reported on Form(s)
1099-MISC;
b. The funds will be used to retain workers and maintain payroll
or make mortgage interest payments, lease payments, and
utility payments; and
c. The information provided in the application and the
information provided in all supporting documents and forms
is true and accurate in all material respects.
27. THOMAS, GAINES, GREEN, and BENOIT each submitted, or assisted
in the submission of, falsified IRS Form 941s for each quarter of 2019 included
with their respective businesses’ and with Lee Operations LLC’s PPP loan
applications. Specifically, with the exception of Bellator Phront Group Inc.’s
submission for the third quarter of 2019, the Form 941s submitted on behalf of
the Defendants’ companies and on behalf of Lee Operations LLC listed the exact
same number of employees and the exact same compensation paid for every
quarter of 2019:
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Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 8 of 39
Business Qi 2019 Q2 2019 Q3 2019 Q4 2019
• Jan Mar
- Apr Jun - Jul Sep
- Oct Dec
-
Bellator 57 employees 59 employees 61 employees 63 employees
Phront Group $815,954.00 $865,954.00 $895,923.00 $905,132.00
Inc.
Gaines 57 employees 59 employees 63 employees 63 employees
Reservation $815,954.00 $865,954.00 $905,132.00 $905,132.00
and Travel
LLC
Impact 57 employees 59 employees 63 employees 63 employees
Creations LLC $815,954.00 $865,954.00 $905,132.00 $905,132.00
Lee 57 employees 59 employees 63 employees 63 employees
Operations $815,954.00 $865,954.00 $905,132.00 $905,132.00
LLC
Transportation 57 employees 59 employees 63 employees 63 employees
Management $815,954.00 $865,954.00 $905,132.00 $905,132.00
Services Inc.
28. Each PPP Borrower Application Form, with the exception of the
application for Bellator Phront Group Inc., also contained a falsified bank
statement. Specifically:
a. The applications for GAINES’s, GREEN’S, and BENOIT’s
businesses included substantially identical falsified bank
statements purporting to show Impact Creations LLC’s,
Gaines Reservation and Travel LLC’s, and Transportation
Management Services, Inc.’s respective balances at Bank 1 for
February 2020. In fact, the Bank 1 accounts for Impact
Creations LLC and Transportation Management Services, Inc.
were not opened until April 2020, and the Bank 1 account
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statement for Gaines Reservation and Travel LLC for February
2020 was materially different from the falsified statement
submitted with the loan application for Gaines Reservation
and Travel LLC.
b. THOMAS submitted a falsified bank statement purporting to
show Lee Operations LLC’s balance at Bank 2 for February
2020. In fact, the Bank 2 account statement for Lee Operations
LLC for February 2020 was materially different from the
falsified statement that THOMAS submitted.
PPP Loan Funding and Transfers of Money
29. Based on the fraudulent and false representations and submissions
made by THOMAS, GAINES, GREEN, and BENOIT, the PPP lenders that received
the applications — Financial Institution 1, Financial Institution 2, and Financial
Institution 3—funded the PPP loans as follows:
a. On or about May 19, 2020, approximately $799,955.35 in PPP
loan funds was distributed by Financial Institution 3 to
Bellator Phront Group Inc.
b. On or about May 19, 2020, approximately $830,000 in FPP loan
funds was distributed by Financial Institution 1, through
Company 1, to Impact Creations LLC.
c. On or about May 18, 2020, approximately $806,710 lit PPP loan
funds was distributed by Financial Institution 1, through
Company 1, to Gaines Reservation and Travel LLC.
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d. On or about May 21, 2020, approximately $830,417 in PPP loan
funds was distributed by Financial Institution 1, through
Company 1, to Transportation Management Services Inc.
e. On or about May 21, 2020, approximately $805,813 in PPP loan
funds was distributed by Financial Institution 2, through
Company 1, to Lee Operations LLC.
30. After the PPP loans were deposited in theft businesses’ accounts
and in Lee Operations LLC’s account, THOMAS, GAINES, GREEN, and BENOIT
transferred or directed the transfer of some of the PPP proceeds to other
individuals and entities known and unknown to the Grand Jury, including Elite
Executive Services, Inc., Bellator Phront Group Inc., and Management Resource
Services, Inc., in an effort to conceal and disguise the ownership and control of
the fraudulent loan proceeds.
Count One
Conspiracy to Commit Bank Fraud and Wire Fraud 18 U.S.C. § 1349
-
(Defendants THOMAS and GAINES)
31. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 of this Indictment as if fully set
forth herein.
32. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
DARRELL THOMAS and
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ANDRE LEE GAINES,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other and with others known and unknown to the
Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, and to obtain money,
funds, and credits owned by and under the custody and control of
the aforementioned financial institution by means of materially false
and fraudulent pretenses, representations, and promises and by the
omission of material facts, in violation of Title 18, United States
Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
11
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Manner and Means
33. THOMAS and GAINES, together with others known and unknown to
the Grand Jury, conspired to submit false materials, such as a false PPP loan
application, false IRS Form 941s, and a false bank account statement, to a
financial institution to obtain PPP loan funding.
34. Throughout the conspiracy, THOMAS and GAINES submitted false
documents to a lender when applying for a PPP loan, including a fabricated bank
statement listing inflated account balances and non-existent transactions,
fabricated IRS Form 941s listing falsified payroll information, and false loan
application documentation that listed false payroll information, false
employment information, and false purposes for the loan funding.
35. As a result of and based on THOMAS’s and GAINES’S false
representations and certifications and falsified supporting documents, a federally
insured lender issued an $806,710 PPP loan to Gaines Reservation and Travel
LLC.
All in violation of Title 18, United States Code, Section 1349.
Count Two
Bank Fraud 18 U.S.C. § 1344 and § 2
—
(Defendants THOMAS and GAINES)
36. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 and 33 through 35 of this
Indictment as if fully set forth herein. /
12
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37. On or about May 18, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
DARRELL THOMAS and
ANDRE LEE GAINES,
aided and abetted by each other and by others known and unknown to the
Grand Jury, did knowingly execute and attempt to execute a scheme and artifice
to defraud Financial Institution 1, the deposits of which were each then insured
by the FDIC, and to obtain, by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts,
certain moneys, funds, credits, assets, securities, and other property owned by
and under the custody and control of Financial Institution 1.
Execution of the Bank Fraud Scheme
38. On or about May 18, 2020, in the Northern District of Georgia and
elsewhere, Defendants THOMAS and GAINES, aided and abetted by each other and
by others known and unknown to the Grand Jury, did knowingly execute and
attempt to execute the above-described scheme to defraud by causing false IRS
Form 941s and a false bank statement for Gaines Reservation and Travel LLC to
be transmitted to Financial Institution 1 and making false representations and
certifications to Financial Institution 1 regarding Gaines Reservation and Travel
LLC’s payroll costs and the purpose of the applied-for PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
13
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Count Three
Wire Fraud 18 U.S.C. § 1343 and § 2
—
(Defendants THOMAS and GAINES)
39. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30,33 through 35, and 38 of this
Indictment as if fully set forth herein.
40. On or about May 18, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
DARRELL THOMAS and
ANDRE LEE GAINES,
aided and abetted by each other and by others known and unknown to the
Grand Jury, for the purpose of executing and attempting to execute the
aforementioned scheme and artifice to defraud, and to obtain money and
property by means of materially false and fraudulent pretenses and
representations, did, with intent to defraud, cause to be transmitted by means of
a wire communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Gaines Reservation and Travel LLC’s payroll obligations
and the purpose of the applied-for PPP loan, and attaching falsified tax
documentation for each quarter of 2019 and a falsified bank statement.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
14
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Count Four
Conspiracy to Commit Bank Fraud and Wire Fraud 18 U.S.C. § 1349
—
(Defendants THOMAS and GREEN)
41. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 of this Indictment as if fully set
forth herein.
42. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia arid elsewhere, the
Defendants,
DARRELL THOMAS and
KAHLIL GIBRAN GREEN SR.,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other and with others known and unknown to the
Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, and to obtain money,
funds, and credits owned by and under the custody and control of
the aforementioned financial institution by means of materially false
and fraudulent pretenses, representations, and promises and by the
omission of material facts, in violation of Title 18, United States
Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and by the
15
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 16 of 39
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
43. THOMAS and GREEN, together with others known and unknown to
the Grand Jury, conspired to submit false materials, such as a false PPP loan
application, false IRS Form 941s, and a false bank account statement, to a
financial institution to obtain PPP loan funding.
44. Throughout the conspiracy, THOMAS and GREEN submitted false
documents to a lender when applying for a PPP loan, including a fabricated bank
statement listing inflated account balances and non-existent transactions,
fabricated IRS Form 941s listing falsified payroll information, and false loan
application documentation that listed false payroll information, false
employment information, false purposes for the loan funding, and false criminal
history information for GREEN.
45. As a result of and based on THOMAS’s and GREEN’s false
representations and certifications and falsified supporting documents, a federally
insured lender issued an $830,000 PPP loan to Impact Creations LLC.
All in violation of Title 18, United States Code, Section 1349.
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Count Five
Bank Fraud 18 U.S.C. § 1344 and § 2
—
(Defendants THOMAS and GREEN)
46. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 and 43 through 45 of this
Indictment as if fully set forth herein.
47. On or about May 17, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
DARRELL THOMAS and
KAHLIL GIBRAN GREEN SR.,
aided and abetted by each other and by others known and unknown to the
Grand Jury, did knowingly execute and attempt to execute a scheme and artifice
to defraud Financial Institution 1, the deposits of which were each then insured
by the FDIC, and to obtain, by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts,
certain moneys, funds, credits, assets, securities, and other property owned by
and under the custody and control of Financial Institution 1.
Execution of the Bank Fraud Scheme
48, On or about May 17, 2020, in the Northern District of Georgia and
elsewhere, Defendants THOMAS and GREEN, aided and abetted by each other and
by others known and unknown to the Grand Jury, did knowingly execute and
attempt to execute the above-described scheme to defraud by causing false IRS
Form 941s and a false bank statement for Impact Creations LLC to be transmitted
to Financial Institution 1 and making false representations and certifications to
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Financial Institution 1 regarding Impact Creations LLC’s payroll costs, the
purpose of the applied-for PPP loan, and GREEN’s criminal history.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Count Six
Wire Fraud—18 U.S.C. §1343and~2
(Defendants THOMAS and GREEN)
49. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30,43 through 45, and 48 of this
Indictment as if fully set forth herein.
50. On or about May 17, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
DARRELL THOMAS and
KAHLIL GIBRAN GREEN SR.,
aided and abetted by each other and by others known and unknown to the
Grand Jury, for the purpose of executing and attempting to execute the
aforementioned scheme and artifice to defraud, and to obtain money and
property by means of materially false and fraudulent pretenses and
representations, did, with intent to defraud, cause to be transmitted by means of
a wire communication in interstate and foreign conunerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Impact Creations LLC’s payroll obligations, the purpose of
the applied-for PPP loan, and GREEN’S criminal history, and attaching falsified
tax documentation for each quarter of 2019 and a falsified bank statement.
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All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Seven
Conspiracy to Commit Bank Fraud and Wire Fraud 18 U.S.C. § 1349
—
(Defendants THOMAS and BENOIT)
51, The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 of this Indictment as if fully set
forth herein.
52. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
DARRELL THOMAS and
BERN BENOIT,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other and with others known and unknown to the
Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, and to obtain money,
funds, and credits owned by and under the custody and control of
the aforementioned financial institution by means of materially false
and fraudulent pretenses, representations, and promises and by the
omission of material facts, in violation of Title 18, United States
Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
19
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fraudulent pretenses, representations, and promises, and by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
53. THOMAS and BENOIT, together with others known and unknown to
the Grand Jury, conspired to submit false materials, such as a false PPP loan
application, false IRS Form 941s, and a false bank account statement, to a
financial institution to obtain PPP loan funding.
54. Throughout the conspiracy, THOMAS and BENOIT submitted false
documents to a lender when applying for a PPP loan, including a fabricated bank
statement listing inflated account balances and non-existent transactions,
fabricated IRS Form 941s listing falsified payroll information, and false loan
application documentation that listed false payroll information, false
employment information, and false purposes for the loan funding.
55. As a result of and based on THOMAS’S and BENOIT’s false
representations and certifications and falsified supporting documents, a federally
insured lender issued an $830,417 PPP loan to Transportation Management
Services Inc.
20
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All in violation of Title 18, United States Code, Section 1349.
Count Eight
Bank Fraud 18 U.S.C. § 1344 and § 2
—
(Defendants THOMAS and BENOIT)
56. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 and 53 through 55 of this
Indictment as if fully set forth herein.
57. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
DARRELL THOMAS and
BERN BENOIT,
aided and abetted by each other and by others known and unknown to the
Grand Jury, did knowingly execute and attempt to execute a scheme and artifice
to defraud Financial Institution 1, the deposits of which were each then insured
by the FDIC, and to obtain, by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts,
certain moneys, funds, credits, assets, securities, and other property owned by
and under the custody and control of Financial Institution 1.
Execution of the Bank Fraud Scheme
58. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, Defendants THOMAS and BENO1’r, aided and abetted by each other and
by others known and unknown to the Grand Jury, did knowingly execute and
attempt to execute the above-described scheme to defraud by causing false IRS
21
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 22 of 39
Form 941s and a false bank statement for Transportation Management Services
Inc. to be transmitted to Financial Institution 1 and making false representations
and certifications to Financial Institution 1 regarding Transportation
Management Services Inc.’s payroll costs and the purpose of the applied-for PPP
loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Count Nine
Wire Fraud 18 U.S.C. § 1343 and § 2
-
(Defendants THOMAS and BENOIT)
59. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30,53 through 55, and 58 of this
Indictment as if fully set forth herein.
60. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
DARRELL THOMAS and
BERN BENOIT,
aided and abetted by each other and by others known and unknown to the
Grand Jury, for the purpose of executing and attempting to execute the
aforementioned scheme and artifice to defraud, and to obtain money and
property by means of materially false and fraudulent pretenses and
representations, did, with intent to defraud, cause to be transmitted by means of
a wire communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Transportation Management Services Inc.’s payroll
22
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 23 of 39
obligations and the purpose of the applied-for PPP loan, and attaching falsified
tax documentation for each quarter of 2019 and a falsified bank statement.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Ten
Bank Fraud 18 U.S.C. § 1344 and § 2
-
(Defendant THOMAS)
61. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 of this Indictment as if fully set
forth herein.
62. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
DARRELL THOMAS,
aided and abetted by others known and unknown to the Grand Jury, did
knowingly execute and attempt to execute a scheme and artifice to defraud
Financial Institution 2, the deposits of which were each then insured by the
FDIC, and to obtain, by means of materially false and fraudulent pretenses,
representations, and promises, and by omission of material facts, certain moneys,
funds, credits, assets, securities, and other property owned by and under the
custody and control of Financial Institution 2.
Execution of the Bank Fraud Scheme
63. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, Defendant THOMAS, aided and abetted by others known and
unknown to the Grand Jury, did knowingly execute and attempt to execute the
23
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 24 of 39
above-described scheme to defraud by causing false IRS Form 941s and a false
bank statement for Lee Operations LLC to be transmitted to Financial Institution
2 and making false representations and certifications to Financial Institution 2
regarding Lee Operations LLC’s payroll costs and the purpose of the applied-for
PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Count Eleven
Wire Fraud 18 U.S.C. § 1343 and § 2
—
(Defendant THOMAS)
64. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 and 63 of this Indictment as if
fully set forth herein.
65. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
DARRELL THOMAS,
aided and abetted by others known and unknown to the Grand Jury, knowingly
devised and intended to devise a scheme and artifice to defraud, and to obtain
money by means of materially false and fraudulent pretenses, representations,
promises, and by omission of material facts, well knowing and having reason to
know that said pretenses, representations, and promises were false and
fraudulent when made and caused to be made and that said omissions were and
would be material.
24
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 25 of 39
66. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, Defendant THOMAS, aided and abetted by others known and
unknown to the Grand Jury, for the purpose of executing and attempting to
execute the aforementioned scheme and artifice to defraud, and to obtain money
and property by means of materially false and fraudulent pretenses and
representations did, with intent to defraud, cause to be transmitted by means of a
wire communication in interstate and foreign commerce certain writings. signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Lee Operations LLC’s payroll obligations and the purpose
of the applied-for PPP loan, and attaching falsified tax documentation for each
quarter of 2019 and a falsified bank statement.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Twelve
Wire Fraud 18 U.S.C. § 1343 and § 2
-
(Defendant THOMAS)
67. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30 of this Indictment as if fully set
forth herein.
68. On or about April 21, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
DARRELL THOMAS,
aided and abetted by others known and unknown to the Grand Jury, knowingly
devised and intended to devise a scheme and artifice to defraud, and to obtain
25
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 26 of 39
money by means of materially false and fraudulent pretenses, representations,
promises, and by omission of material facts, well knowing and having reason to
know that said pretenses, representations, and promises were false and
fraudulent when made and caused to be made and that said omissions were and
would be material.
69. On or about April 21, 2020, in the Northern District of Georgia and
elsewhere, Defendant THOMAS, aided and abetted by others known and
unknown to the Grand Jury, for the purpose of executing and attempting to
execute the aforementioned scheme and artifice to defraud, and to obtain money
and property by means of materially false and fraudulent pretenses and
representations did, with intent to defraud, cause to be transmitted by means of a
wire communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Bellator Phront Group Inc.’s payroll obligations and the
purpose of the applied-for PPP loan, and attaching falsified tax documentation
for each quarter of 2019.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Counts Thirteen Through Sixteen
False Statement to a Federally Insured Bank 18 U.S.C. § 1014 and § 2
—
(Defendants THOMAS, GAINES, GREEN, and BENOrr)
70. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30,33 through 35, 38,43 through
45, 48, 53 through 55, 58, 63, and 66 of this Indictment as if fully set forth herein.
26
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 27 of 39
71. From in or about April 2020 through in or about June 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants identified below, aided and abetted by each other and by others
known and unknown to the Grand Jury, knowingly made a false statement for
the purpose of influencing the actions of Financial Institution 1 and Financial
Institution 2, financial institutions the accounts of which were insured by the
FDIC, in connection with PPP loan applications by Impact Creations LLC, Gaines
Reservation and Travel LLC, Lee Operations LLC, and Transportation
Management, Inc., in that the Defendants did the following:
Count Defendant(s) Date False Statements
(on or about)
13 THoMAS May 20, 2020 THOMAS signed and initialed a PPP Borrower
Application Form using the name E.L. and certifying
that (a) Lee Operations LLC was in operation on
February 15, 2020 and had employees for whom it paid
salaries and payroll taxes or paid independent
contractors; (b) the funds will be used to retain workers
and maintain payroll or make mortgage interest
payments, lease payments, and utility payments; and
(c) the information provided in the application and the
information provided in all supporting documents and
forms is true and accurate in all material respects, when
in truth and in fact, as the Defendant well knew, (a) Lee
Operations LLC did not have employees for whom it
paid salaries and taxes or paid independent contractors
as of February 15, 2020; (b) the funds would not be used
to retain workers and maintain payroll or to make
mortgage interest payments, lease payments, and
utility payments; and (c) the information provided in
the application and the information provided in all
supporting documents and forms was not true and
accurate in all material respects, because it included
false representations about Lee Operations LLC’s
number of employees and average monthly payroll,
27
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 28 of 39
falsified tax documentation, and a falsified bank
statement.
14 GAINES May 18, 2020 GAINES and THOMAS, aided and abetted by each
THOMAS other, signed and initialed a PPP Borrower Application
Form certifying that (a) Gaines Reservation and Travel
LLC was in operation on February 15, 2020 and had
employees for whom it paid salaries and payroll taxes
or paid independent contractors; (b) the funds will be
used to retain workers and maintain payroll or make
mortgage interest payments, lease payments, and
utifity payments; and (c) the information provided in
the application and the information provided in all
supporting documents and forms is true and accurate
in all material respects, when in truth and in fact, as the
Defendant well knew, (a) Gaines Reservation and
Travel LLC did not have employees for whom it paid
salaries and taxes or paid independent contractors as of
February 15, 2020; (b) the funds would not be used to
retain workers and maintain payroll or to make
mortgage interest payments, lease payments, and
utility payments; and (c) the information provided in
the application and the information provided in all
supporting documents and forms was not true and
accurate in all material respects, because it included
fa]se representations about Gaines Reservation and
Travel LLC’s number of employees and average
monthly payroll, falsified tax documentation, and a
_______ _______________ ______________ falsified bank statement.
15 GREEN May 17,2020 GREEN and THOMAS, aided and abetted by each
THOMAS other, signed and initialed a PPP Borrower Application
Form certifying that (a) Impact Creations LLC was in
operation on February 15, 2020 and had employees for
whom it paid salaries and payroll taxes or paid
independent contractors; (b) the funds wifi be used to
retain workers and maintain payroll or make mortgage
interest payments, lease payments, and utility
payments; and (c) the information provided in the
application and the infomiation provided in all
supporting documents and forms is true and accurate
in all material respects, when in truth and in fact, as the
Defendant well knew, (a) Impact Creations LLC did not
have employees for whom it paid salaries and taxes or
paid independent contractors as of February 15, 2020;
_______ _____________ ____________ (b) the funds would not be used to retain workers and
28
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 29 of 39
maintain payroll or to make mortgage interest
payments, lease payments, and utility payments; and
(c) the information provided in the application and the
information provided in all supporting documents and
forms was not true and accurate in all material respects,
because it included false representations about Impact
Creations LLC’s number of employees and average
monthly payroll, falsified tax documentation, and a
falsified bank statement.
16 BENOIT May 20,2020 BENOIT and THOMAS, aided and abetted by each
THOMAS other, signed and initialed a PPP Borrower Application
Form certifying that (a) Transportation Management
Services Inc. was in operation on February 15, 2020 and
had employees for whom it paid salaries arid payroll
taxes or paid independent contractors; (b) the funds
wifi be used to retain workers and maintain payroll or
make mortgage interest payments, lease payments, and
utility payments; and (c) the information provided in
the application and the information provided in all
supporting documents and forms is true and accurate
in all material respects, when in truth and in fact, as the
Defendant well knew, (a) Transportation Management
Services Inc. did not have employees for whom it paid
salaries and taxes or paid independent contractors as of
February 15, 2020; (b) the funds would not be used to
retain workers and maintain payroll or to make
mortgage interest payments, lease payments, and
utility payments;.and (c) the information provided in
the application and the information provided in all
supporting documents and forms was not true and
accurate in all material respects, because it included
false representations about Transportation
Management Services Inc.’s number of employees and
average monthly payroll, falsified tax documentation,
_______ ______________ _____________ and a falsified bank statement.
All in violation of Title 18, United States Code, Section 1014 and Section
2.
29
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 30 of 39
Counts Seventeen through Twenty-Eight
Money Laundering 18 U.S.C. § 1956 and § 2
—
(Defendants THOMAS, GAINES, GREEN, BENOIT, and JACKSON)
72. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30, 33 through 35,38,43 through
45, 48, 53 through 55, 58, 63, 66, and 69 of this Indictment as if fully set forth
herein
73. From in or about May 2020 through in or about June 2020, in the
Northern District of Georgia and elsewhere, the Defendants identified below,
aided and abetted by each other and by others known and unknown to the
Grand Jury, knowingly conducted and attempted to conduct a financial
transaction affecting interstate commerce, which involved the proceeds of a
specified unlawful activity, that is bank fraud, in violation of Title 18, United
States Code, Section 1344, and wire fraud, in violation of Title 18, United States
Code, Section 1343, knowing that the transaction was designed in whole and in
part to conceal and disguise the nature, location, source, ownership, and control
of the proceeds of specified unlawful activity, and while conducting and
attempting to conduct such financial transactions knowing that the property
involved in the financial transaction represented the proceeds of some form of
unlawful activity:
Count Defendant(s) Date Description of Transaction
_____________ ( on or about)
17 THoMAS June 8, 2020 Approximately $100,000 wire from Bank 1 account
ending in 4823, held in the name of Elite Executive
Services Inc., to Bank 4 account ending in 8102, held in
the name of Bellator P1-trout Group Inc.
30
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 31 of 39
18 GAINES May 29, 2020 Approximately $93,785 check withdrawn from Bank 1
THOMAS account ending in 6500, held in the name of Gaines
Reservation and Travel LLC, and deposited into Bank 4
account ending in 3940, held in the name of Bellator
Phront Group Inc.
19 GAINES June 16, 2020 Approximately $169,998.72 check withdrawn from
THOMAS Bank 1 account ending in 6500, held in the name of
Gaines Reservation and Travel LLC, and deposited into
Bank 4 account ending in 4823, held in the name of Elite
Executive Services Inc.
20 GREEN May 21, 2020 Approximately 163,415.37 check withdrawn from Bank
THOMAS 1 account ending in 2292, held in the name of Impact
Creations LLC, and deposited into Bank 4 account
ending in 3940, held in the name of Bellator Phront
Group Inc.
21 GREEN June 5, 2020 Approximately $212,078.10 check withdrawn from
THOMAS Bank 1 account ending in 2292, held in the name of
Impact Creations LLC, and deposited into Bank 4
account ending in 4823, held in the name of Elite
Executive Services Inc.
22 GREEN June 15, 2020 Approximately $169,998.72 wire from Bank T account
THOMAS ending in 2292, held in the name of Impact Creations
LLC, to Bank 4 account ending in 4823, held in the
name of Elite Executive Services Inc.
23 THOMAS May 21, 2020 Approximately $803,775.89 wire from Bank 2 account
ending in 5085, held in the name of Lee Operations
LLC, to Bank 4 account ending in 4823, held in the
name of Elite Executive Services Inc.
24 BENOIT May 29, 2020 Approximately $185,000 check withdrawn from Bank I
THOMAS account ending in 6415, held in the name of
Transportation Management Services Inc., and
deposited into Bank 4 account ending in 3940, held in
the name of Bellator Phront Group Inc.
25 BENOIT June 15, 2020 Approximately $100,000 check withdrawn from Bank 1
THOMAS account ending in 6415, held in the name of
Transportation Management Services Inc., and
deposited into Bank 4 account ending in 3940, held in
the name of Bellator Phront Group Inc.
26 BENOIT June 15, 2020 Approximately $169,998.72 wire from Bank 1 account
THOMAS ending in 6415, held in the name of Transportation
Management Services Inc., to Bank 4 account ending in
4823, held in the name of Elite Executive Services Inc.
27 GAINES June 8, 2020 Approximately $155,252.50 wire from Bank 1 account
JACKSON ending in 6500, held in the name of Gaines Reservation
31
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 32 of 39
and Travel LLC, to Bank 5 account ending in 1207, held
in the name of Management Resource Services Inc.
28 GAINEs June 22, 2020 Approximately $179,985.72 wire from Bank 3 account
JACKSON ending in 5124, held in the name of Gaines Reservation
and Travel LLC, to Bank 5 account ending in 1207, held
in the name of Management Resource Services Inc.
All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) and
Section 2.
Counts Twenty-Nine through Thirty
Money Laundering 18 U.S.C. § 1957
—
(Defendant THOMAS)
74. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 30, 33 through 35,38,43 through
45, 48, 53 through 55, 58, 63, 66, and 69 of this Indictment as if fully set forth
herein
75. On or about the dates set forth below, in the Northern District of
Georgia and elsewhere, the Defendant,
DARRELL THOMAS,
knowingly engaged in, attempted to engage in, and caused others to engage in a
monetary transaction by, through, and to a financial institution, affecting
interstate and foreign commerce, knowing that such transaction involved
criminally derived property of a value greater than $10,000, such property
having been derived from a specified unlawful activity, that is, bank fraud, in
violation of Title 18, United States Code, Section 1344, and wire fraud, in
32
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 33 of 39
violation of Title 18, United States Code, Section 1343:
Count Date Description of Transaction
(on_or_about)
29 June 9, 2020 Defendant THOMAS caused $137,953.00 in PPP loan proceeds to be
wire transferred from Bank 4 account ending in 3940, held in the
name of Bellator Phront Group Inc., to a bank account held in the
name of Jal≤es Motorcars, to purchase a 2018 Mercedes-Benz S-Class
vehicle.
30 June 15, 2020 Defendant THOMAS caused $126,441.00 in PPP loan proceeds to be
wire transferred from Bank 4 account ending in 3940, held in the
name of Bellator Phront Group Inc., to a bank account held in the
name of CMD, LLC DBA McLaren Charlotte, for the purchase of a
2018 Land Rover Range Rover vehicle.
All in violation of Title 18, United States Code, Section 1957
Forfeiture
Upon conviction of one or more of the offenses alleged in Counts One
through Sixteen of this Indictment, the Defendants,
DARRELL THOMAS,
ANDRE LEE GAINES,
KAHLIL GIBRAN GREEN SR., and
BERN BENOIT,
shall forfeit to the United States, pursuant to Title 18, United States Code, Section
982(a) (2), any property constituting, or derived from, proceeds the person
obtained directly or indirectly as the result of such violation, including but not
limited to the following:
(a) MONEY JUDGMENT: A sum of money in United States currency
equal to the amount of proceeds the Defendant obtained as a result
of the offense for which the Defendant is convicted.
33
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 34 of 39
(b) FUNDS:
1. $1,113,113.97 in funds seized from Bank 4 account
number XXXXXXXX4823 held in the name of Elite
Executive Services, Inc.
2. $536,875.00 in funds seized from Bank 4 account
number XXXXXXXX81O2 held in the name of Bellator
Phront Group, Inc.
3. $341,151.47 in funds seized from Bank 4 account
number XXXXXXXX394O held in the name of Bellator
Phront Group, LLC.
4. $295,717.61 in funds seized from Bank 5 account
number XXXXXX12O7 held in the name of Management
Resource Services.
5. $157,035.71 in funds seized from Bank 1 account
number XXXXX2292 held in the name of Impact
Creations LLC.
6. $177,828.46 in funds seized from Bank 1 account
number XXXXX6500 held in the name of Gaines
Reservation and Travel LLC.
7. $9,314.28 in funds seized from Bank 3 account number
XXXXXX5124 held in the name of Gaines Reservation
and Travel LLC.
34
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 35 of 39
8. $431,408.28 in funds seized from Bank 1 account
number XXXXX6415 held in the name of Transportation
Management Services Inc.
9. $256.67 in funds seized from Bank 2 account number
XXXXXX5O85 held in the name of Lee Operations LLC.
10. $30,025.08 in funds seized from Bank 1 account number
XXXXXX9428 held in the name of Bern Benoit.
11. One 2018 Mercedes-Benz S-Class S65AMG, VIN
WDDUG7KB5JA4O8O46.
12. One 2018 Land Rover Range Rover, VIN
SALGW25E2JA503793.
Upon conviction of one or more of the offenses alleged in Counts
Seventeen through Thirty of this Indictment, the Defendants,
DARRELL THOMAS,
ANDRE LEE GAINES,
KAHLIL GIBRAN GREEN SR.,
BERN BENOIT, and
CARLA JACKSON
shall forfeit to the United States, pursuant to Title 18, United States
Code, Section 982(a)(1), any property, real or personal, involved in the
offense and any property traceable to such property, including but not
limited to the following:
35
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 36 of 39
(a) MONEY JUDGMENT: A sum of money in United States currency
representing the total amount of money involved in each offense for
which the Defendant is convicted.
(b) FUNDS:
1. $1,113,113.97 in funds seized from Bank 4 account
number XXXXXXXX4823 held in the name of Elite
Executive Services, Inc.
2. $536,875.00 in funds.seized from Bank 4 account
number XXXXXXXX81O2 held in the name of Bellator
Phront Group, Inc.
3. $341,151.47 in funds seized from Bank 4 account
number XXXXXXXX394O held in the name of Bellator
Fhront Group, LLC.
4. $295,717.61 in funds seized from Bank 5 account
number XXXXXX12O7 held in the name of Management
Resource Services.
5. $157,035.71 in fund seized from Bank 1 account number
XXXXX2292 held in the name of Impact Creations LLC.
6. $177,828.46 in funds seized from Bank 1 account
number XXXXX6500 held in the name of Gaines
Reservation and Travel LLC.
36
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 37 of 39
7. $9,314.28 in funds seized from Bank 3 account number
XXXXXX5124 held in the name of Gaines Reservation
and Travel LLC.
8. $431,408.28 in funds seized from Bank 1 account
number XXXXX6415 held in the name of Transportation
Management Services Inc.
9. $256.67 in funds seized from Bank 2 account number
XXXXXX5O85 held in the name of Lee Operations LLC.
10. $30,025.08 in funds seized from Bank 1 account number
XXXXXX9428 held in the name of Bern Benoit.
11. One 2018 Mercedes-Benz S-Class S65AMG, VIN
WDDUG7KB5JA4O8O46.
12. One 2018 Land Rover Range Rover, VIN
SALGW2SE2JA5O3793.
If, as a result of any act or omission of the Defendants, any property subject to
forfeiture:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third person;
(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
subdivided without difficulty;
37
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 38 of 39
the United States intends, pursuant to Title 21, United States Code, Section
853(p), as incorporated by Title 18, United States Code, Section 982(b), to seek
forfeiture of any other property of the Defendants up to the value of the
forfeitable property or seek a money judgment against said Defendants for•
any amount that would constitute the proceeds of such violation.
A BILL
~JM~ )~
FO1~PERSON LI
BYUNG I. FAK
United States Attorney
m
TAL C. CHAIKEN
Assistant United States
Attorney Georgia Bar No. 273949
,/‘az5Tt’czn~ ,<4~Aza
NATHAN P. KITCHENS
Assistant United States Attorney
Georgia Bar No. 263930
600 U.S. Courthouse
75 Ted Turner Drive SW Atlanta,
GA 30303
404-581-6000; Fax: 404-581-6181
38
Case 1:20-cr-00296-JPB-CMS Document 1 Filed 08/04/20 Page 39 of 39
ROBERT ZINK
Chief, Fraud Section
U.S. Department of Justice
D.C. Bar No. 502694
SIJJ MOORE
Trial Attorney, Fraud Section
U.S. Department of Justice
D.C. Bar No. 1002557
1400 New York Aye, NW
Bond Building, 11th Floor
Washington, DC 20005
202-514-2000; Fax: 202-514-3708
39
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