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Home Court filings No. 2:23-cr-00144 (U.S. District Court for the Middle District of Florida) Plea Agreement — No. 2:23-cr-00144 (Dkt. 5, M.D. Fla.)

Court filing

Plea Agreement — No. 2:23-cr-00144 (Dkt. 5, M.D. Fla.)

Summary

A plea agreement filed December 5, 2023 in United States v. Evan Graves, No. 2:23-cr-00144, in the U.S. District Court for the Middle District of Florida. Graves agrees to plead guilty to Count One of the Information, wire fraud in violation of 18 U.S.C. § 1343, which carries a maximum of twenty years imprisonment and a fine of up to $250,000.00. The elements set out a scheme to defraud the United States Small Business Administration (SBA). Graves agrees to forfeit assets including $1,355,600.00, described as the proceeds the defendant personally obtained from the fraud, and real property in Fort Myers, FL. The factual basis states that EIDL funds were used to fund personal investment accounts, pay off personal credit card debt, satisfy mortgages and purchase real estate.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed December 5, 2023 in No. 2:23-cr-00144; one of 1 filings from this case.

Record facts

CourtU.S. District Court for the Middle District of Florida
Filed2023-12-05

Cite this document

“Plea Agreement — No. 2:23-cr-00144 (Dkt. 5, M.D. Fla.).” U.S. District Court for the Middle District of Florida, No. 2:23-cr-00144, Doc. 5, filed 2023-12-05. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/flmd-2-23-cr-00144/2023-12-05-plea-agreement-dkt-5/, SHA-256 18a1a045d316cdf518790e13ea498d7532aec02a73dfe8b3b8c4a833a555701c.

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Full text

Case 2:23-cr-00144-SPC-KCD        Document 5    Filed 12/05/23    Page 1 of 19 PageID 12

AF ApprovaltLXforS%{                                           Chief A

                           LINITED STATES DISTRICT COURT
                            MIDDLE DISTRICT OF FLORIDA
                                FORT \{YERS DTWSION

LTNITED STATES OF AMERICA

       v.                                             CASE NO. 2:23-cr- I rlt   '|rc - Fco
EVAN GRAVES

                                 PLEA AGREEMENT

       Pursuant to Fed. R. Crim. P. 11(c), the United States of America,by Roger B.

Handberg, United States Attorney for the Middle District of Florida, and the

defendant, Evan Graves, and the attorney for the defendant, Douglas Molloy, Esq.,

murually agree as follows:

A.    Particularized Telms

       1.    Count(s) Pleading To

             The defendant shall enter a plea of guilty to Count One of the

Information. Counts One charges the defendant with Wire Fraud, in violation of 18

u.s.c. $ 1343.

      2.     Maximum Penalties

             Counts One carries a maximum sentence of twenty years imprisonment,

a fine of up to $250,000.00, or twice the gross gain caused by the offense, or twice the

gross loss caused by the offense, whichever is greater, a term of supervised release of

not more than three years, and a special assessment of $100 per count. With respect to

certain offenses, the Court shall order the defendant to make restitution to any victim



Defendant's Initials   A

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of the offense(s), and with respect to other offenses, the Court may order the defendant

to make restitution to any victim of the offense(s), or to the community, as set forth

below.

         3.   Elements of the Offense(s)

              The defendant acknowledges understanding the nature and elements of

the offense(s) with which defendant has been charged and to which defendant is

pleading guilty.

              The elements of Count One are as follows:

              First:       the defendant knowingly devised or participated in a
                           scheme to defraud the United States Small Business
                           Administration (SBA) by using false or fraudulent
                           pretenses, representations, or promises;


              Second: the false pretenses, representations, or promises were about
                           a material fact;

              Third:       the defendant acted with the intent to defraud;

              Fourth: the defendant transmitted or caused to be transmiffed by
                           wire some communication in interstate commerce to help
                           carry out the scheme to defraud.

         4.   Indictment Waiver

              Defendant will waive the right to be charged by way of indictment before

afederal grandjury.

         5.   No Further Charges

              If the Court accepts this plea agreement, the United States Attorney's
Office for the Middle District of Florida agrees not to charge defendant with


Defendant'slnrtials*Z-                        2

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committing any other federal criminal offenses known to the United States Attorney's

Office at the time of the execution of this agreement, related to the conduct giving rise

to this plea agreement.

       6.      Mandatory Restitution to Victim of Offense of Conviction

               Pursuant to 18 U.S.C. $ 3663A(a) and (b), defendant agrees to make fuIl

restitution to the United States Small Business Administration.

       7.      Guidelines SenJence

               Pursuant to Fed. R. Crim. P. 11(c)(1)(B), the United states will

recommend to the Court that the defendant be sentenced within the defendant's

applicable guidelines runge as determined by the Court pursuant to the United States

Sentencing Guidelines, as adjusted by any departure the United States has agreed to

recommend in this plea agreement. The parties understand that such a

recoflrmendation is not binding on the Court and that, if it is not accepted by this

Court, neither the United States nor the defendant will be allowed to withdraw from

the plea agreement, ffid the defendant will not be allowed to withdraw from the plea

of guilty.

       8.      Acceptance of Responsibility - Three LevEls

               At the time of sentencing, and in the event that no adverse information

is received suggesting such a recommendation to be unwarranted, the United States

will recommend to the Coun that the defendant receive a two-level downward
adjustment for acceptance of responsibility, pursuant to USSG $ 3E1.1(a). The

defendant understands that this recommendation or request is not binding on the


D efendant',   IrritiukB-

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Court, and if not accepted by the Court, the defendant will not be allowed to withdraw

from the plea.

       Further, at the time of sentencing, if the defendant's offense level prior to

operation of subsection (a) is level 16 or greater, and if the defendant complies with

the provisions of USSG $ 3E1.1(b) and all terms of this Plea Agreement, including

but not limited to, the timely submission of the financial affidavit referenced in

Paragraph B.5., the United States agrees to file a motion pursuant to USSG $

3E1.1(b) for a downward adjustment of one additional level. The defendant

understands that the determination as to whether the defendant has qualified for a

downward adjustment of a third level for acceptance of responsibility rests solely

with the United States Afforney for the Middle District of Florida, and the defendant

agrees that the defendant cannot and will not challenge that determination, whether

by appeal, collateral attack, or otherwise.

      9.     LowEnd

             At the time of sentencing, and in the event that no adverse information

is received suggesting such a recommendation to be unwarranted, the United States

will recommend to the Court that the defendant receive a sentence at the low end of

the applicable guideline range, as calculatedby the Court. The defendant understands

that this recommendation or request is not binding on the Court, and if not accepted

by the Court, the defendant will not be allowed to withdraw from the plea.




Defendant' s Inttials4Q

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   10.        Forfeiture of Assets

              The defendant asrees to forfeit to the United States immediately and

voluntarily alny anLd all assets and properflr, or portions thereof, subject to forfeiture,

pursuant to 18 U.S.C. $ 981(a)(1XC) and 28 U.S.C. g 2a6l@), whether in the

possession or control of the United States, the defendant, or defendant's nominees.

The assets to be forfeited specifically include, but are not limited to, the following:

              a. an order of forfeiture in the amount of approximately
                    $1,355,600.00, which represents the proceeds the defendant
                    personally obtained from the fraud;

             b.     the real property located at 2973 Palm Beach Boulevard, Fort
                    Myers, FL 33916;

             c.     the real property located at l75t Winkler Avenue, Fort Myers, FL
                    33901;

             d.     the real property located at2646 Cenmal Avenue, Fort Myers, FL
                     fi94\
             e.     the real property located at 46M Amherst Court, Fort Myers, FL
                    33907;

             f.     the real properly located at 2328-2330 Victoria Avenue, Fort
                    Myers, FL 33901; and

             g.     the real property located atz33lVictoria Avenue, Fort Myers, FL
                    33901

which assets were purchased or funded with proceeds of the offenses to which the

defendant is to plead guilty.

             The net proceeds from the forfeiture and sale of any specific asset(s) will

be credited to and reduce the amount the United States shall be entitled to forfeit as

substitute assets pursuant to 2l U.S.C. $ 853(p).


Defendant's Jnitiak+.

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              The defendant acknowledges andagrees that (1) the defendant personally

obtained approximately $1,355,600.00 in proceeds as a result of the commission of the

offenses and(2) as a result of the acts and omissions of the defendant, the proceeds not

recovered by the United States through the forfeiture of the directly traceable assets

listed herein have been ffansferred to third parties and cannot be located by the United

States upon the exercise of due diligence. Therefore, the defendant agrees that,

pursuant to 2l U.S.C. $ 853Cr), the United States is entitled to forfeit any other

properfy of the defendant (substitute assets), up to the amount of proceeds the

defendant obtained, as the result of the offenses of conviction and, funher, the

defendant consents to, and agrees not to oppose, any motion for zubstitute assets filed

by the United States up to the amount of proceeds obtained from commission of the

offenses and consents to the entry of the forfeiture order into the Treasury Offset

Program.

              The defendant additionally agrees that since the criminal proceeds have

been ffansferred to third parties and cannot be located by the United States upon the

exercise of due diligence, the preliminary and final orders of forfeiture should

authorize the United States Attorney's Ofiice to conduct discovery (including

depositions, interrogatories, requests for production of documents, and the issuance of

subpoenas), pursuant to Rule 32.2b)Q) of the Federal Rules of Criminal Procedure,

to help identifr, locate, and forfeit substitute assets.

              The defendaflt agrees that forfeiture of substitute assets as authorized

herein shall not be deemed an alteration of the defendant's sentence and the United


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States shall not be limited to the forfeiture of the substitute assets, if any, specifically

listed in this plea agreement.

              The defendant agrees and consents to the forfeiture of these assets

pursuant to any federal criminal, civil, judicial or administrative forfeiture action. The

defendant also agrees to waive all constitutional, statutory and procedural challenges

(including direct appeal, habeas co{pus, or any other means) to any forfeiture carried

out in accordance with this Plea Agreement on any grounds, including that the

forfeiture described herein constitutes an excessive fine, was not properly noticed in

the charging instrument, addressed by the Court at the time of the guilty plea,

alrnounced at sentencing, or incorporatedinto the judgment.

              The defendant admits and agrees that ttie conduct deseribed in the

Factual Basis below provides a sufficient factual and statutory basis for the forfeiture

of the properfy sought by the government. Pursuant to Rule 32.2b)@\ the defendant

agrees that the preliminary order of forfeiture will satisff the notice requirement and

will be final as to the defendant at the time it is entered. In the event the forfeiture is

omitted from the judgment, the defendant agrees that the forfeiture order may be

incorporated into the wriuen judgment at any time pursuant to Rule 36.

             The defendant agrees to take all steps necessary to identifr and locate all

properly subject to forfeiture (including substitute assets) and to ffansfer custody of

such properfy to the United States before the defendant's sentencing. To that end, the

defendant agrees to make a full and complete disclosure of all assets over which

defendant exercises control, including all assets held by nominees, to execute any


Defendant'sln*ial&

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documents requested by the United States to obtain from any other parties by lawful

means any records of assets owned by the defendant, and to consent to the release of

the defendant's tax retums for the previous five years. The defendant agrees to be

interviewed by the government, prior to and after sentencing, regarding such assets

and their connection to criminal conduct. The defendant further agrees to be

polygraphed on the issue of assets, if it is deemed necessary by the United States. The

defendant agrees that Federal Rule of Criminal Procedure l1 and USSG $ 181.8 will

not protect from forfeiture assets disclosed by the defendant as part of the defendant's

cooperation.

               The defendant agrees to take all steps necessary to assist the government

in obtaining clear title to the forfeitable assets before the defendant's sentencing. In

addition to providing full and complete information about forfeitable assets, these steps

include, but are not limited to, the surrender of title, the signing of a consent decree of

forfeiture, ffid slgning of any other documents necessary to effectuate such transfers.

               The defendant agrees that, in the event the Court determines that the

defendant has breached this section of the Plea Agreement, the defendant may be

found ineligible for a reduction in the Guidelines calculation for acceptance of

responsibility and substantial assistance, ffid may be eligible for an obstruction of

justice enhancement.

               Forfeiture of the defendant's assets shall not be treated as satisfaction of

any fine, restitution, cost of imprisonment, or any other penalty the Court may impose

upon the defendant in addition to forfeiture.


Defendant   'slnrtiAk                        8

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        The defendant agrees that the forfeiture provisions of this plea agreement are

intended to, and will, survive the defendant, notwithstanding the abatement of any

underlying criminal conviction after the execution of this agreement. The forfeitability

of any particular property pursuant to this agreement shall be determined as if the

defendant had survived, and that determination shall be binding upon defendant's

heirs, successors and assigns until the agreed forfeiture, including the forfeiture of any

substitute assets, is final.

B.      Standard Terms and Conditions

        l.     Restitution, Special Assessment and Fine

               The defendant understands and agrees that the Court, in addition to or

in lieu of any other penalty, shall order the defendant to make restitution to any victim

of the offense(s), pursuant to 18 U.S.C. S 36634, for all offenses described in 18 U.S.C.

$ 3663A(c)(1); and the Court may order the defendant to make restitution to any victim

of the offense(s), pursuant to 18 U.S.C. S 3663, including restitution as to all counts

charged, whether or not the defendant enters a plea of guilty to such counts, and

whether or not such counts are dismissed pursuant to this agreement. The defendant

further understands that compliance with any restitution payment plan imposed by the

Coun in no way precludes the United States from simultaneously pursuing other

statutory remedies for collecting restitution (28 U.S.C. S 3003(b)(2)), including, but

not limited to, gamishment and execution, prrsuant to the Mandatory Victims

Restitution Act, in order to ensure that the defendant's restitution obligation is

satisfied.


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              On each count to which apleaofguilty is entered, the Court shall impose

 a special assessment pursuant to 18 U.S.C. S 3013. To ensure ttrat this obligation is

satisfied, the Defendarrt agrees to deliver a cashier's check, certified check or money

order to the Clerk of the Court in the amount of $100.00, payable to "Clerk, U.S.

District Court" within ten days of the change of plea hearing.

             The defendant understands that this agreement imposes no limitation as

to fine.

       2.     Supervised ReJease

             The defendant understands that the offense(s) to which the defendant is

pleading provide(s) for imposition of a term of supenrised release upon release from

imprisonment, and that, if the defendant should violate the conditions of release, the

defendant would be subject to a further term of imprisonment.

       3.    Immigration Consequences of Pleading Guilty

             The defendant has been advised and understands that, upon conviction,

a defendant who is not a United States citaenmay be removed from the United States,

denied citizenship , anddenied admission to the United States in the future.

       4.    Sentencing Information

             The United States reserves its right and obligation to report to the Court

and the United States Probation Office all information concerning the background,

character, and conduct of the defendant, to provide relevant factual information,

including the totality of the defendant's criminal activities, lf any, not limited to the

count(s) to which defendant pleads, to respond to comments made by the defendant


Defendant'slnitialA                        10

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 or defendant's counsel, and to correct any misstatements or inaccuracies. The United

 States further reserves its right to make any recommendations it deems appropriate

regarding the disposition of this case, subject to any limitations set forth herein, if any.

       5.     Financial Disclosures

              Pursuant to 18 U.S.C. S 3664(d)(3) and Fed. R. Crim. P. 3Z(d)(ZXAXii),

the defendant agrees to complete and submit to the United States Attorney's Office

within 30 days of execution of this agreement an affidavit reflecting the defendant's

financial condition. The defendant promises that his financial statement and

disclosures will be complete, accurate arrrd truthful and will include all assets in which

he has any interest or over which the defendant exercises control, directly or indirectly,

including those held by a spouse, dependent, nominee or other third pary. The

defendant further agrees to execute any documents requested by the United States

needed to obtain from any thfud parties any records of assets owned by the defendant,

directly or through a nominee, and, by the execution of this Plea Agreement, consents

to the release of the defendant's tax returns for the previous five years. The defendant

similarly agrees and authorizes the United States Attorney's Office to provide to, and

obtain from, the United States Probation Office, the financial affidavit, any of the

defendant's federal, state, and local tax returns, bank records and any other financial

information concerning the defendant, for the pu{pose of making any

recommendations to the Court arrd for collecting any assessments, fines, restitution,

or forfeiture ordered by the Court. The defendant expressly authorizes the United



Defendant's   Initial#                      1l

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 States Attorney's Office to obtain current credit reports in order to evaluate the

 defendant's ability to satisfr any financial obligation imposed by the Court.

          6.   SentencingRecommendations

               It is understood by the parries that the Court is neither a party to nor
bound by this agreement. The Court may accept or reject the agreement, or defer a

decision until it has had an opporrunity to consider the presentence report prepared by

the United States Probation Office. The defendant understands and acknowledges

that, although the parties are permitted to make recoflrmendations and present

arguments to the Court, the sentence will be determined solely by the Court, with the

assistance of the United States Probation Office. Defendant further understands and

acknowledges that any discussions between defendant or defendant's attorney and the

attorney or other agents for the government regarding any recoflrmendations by the

government are not binding on the Court and that, should any recommendations be

rejected, defendant will not be permitted to withdraw defendant's plea lrursuant to this

 plea agteement. The government expressly reseryes the right to support and defend

any decision that the Coun may make with regard to the defendant's sentence, whether

or not such decision is consistent with the goveurment's recommendations contained

herein.

          7.   Defendant's Waiver of Right to Appeal the Sentence

               The defendant agrees that this Court has jurisdiction and authority to

impose any sentence up to the statutory maximum and expressly waives the right to

 appeal, defendant's sentence on any ground, including the ground that the Court erred


Defendant's Initials   +                   12

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in determining the applicable guidelines rafige pursuant to the United States
Sentencing Guidelines, except (a) the ground that the sentence exceeds the defendant's

applicable guidelines range as determined by the Court pursuant to the United States

Sentencing Guidelines; (b) the ground that the sentence exceeds the statutory

maximum penalty; or (c) the ground that the sentence violates the Eighth Amendment

to the Constitution; provided, however, that if the goveflrment exercises its right to

 appealthe sentence imposed, as authoraedby 18 U.S.C. 53742@), then the defendant

is released from his waiver and may appeal the sentence as authorizedby 13 U.S.C. S

37a2@).

       8.       Middle District of Florida Agreement

                It is further understood that this agreement is limited to the Office of the

United States Attorney for the Middle District of Florida and cannot bind other

federal, state, or local prosecuting authorities, although this office will bring

defendant's cooperation, if any, to the attention of other prosecuting officers or others,

if requested.

       9.       Filing of Agreement

                This agreement shall be presented to the Court, in open court or in

 camera, in whole or in part, upon a showing of good cause, and filed in this cause, at

the time of defendant's entry of a plea of guilty pursuant hereto.

        10. Voluntariness
                The defendant acknowledges that defendant is entering into this

agreement and is pleading guilty freely and voluntarily without reliance upon any


Defendant's Initials 4                        13

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discussions between the attorney for the govemment and the defendant and

defendant's attorney and without promise of benefit of any kind (other than the

concessions contained herein), and without threats, force, intimidation, or coercion of

any kind. The defendant further acknowledges defendant's understanding of the

nature of the offense or offenses to which defendant is pleading guilty and the elements

thereof, including the penalties provided by law, and defendant's complete satisfaction

with the representation and advice received from defendant's undersigned counsel (if

any). The defendant also understands that defendant has the right to plead not guilty

or to persist in that plea if it has dready been made, and that defendant has the right

to be tried by a jury with ttre assistance of counsel, the right to confront and cross-

examine the witnesses against defendant, the right against compulsory self-

incrimination, and the right to compulsory process for the attendance of witnesses to

testifu in defendant's defense; but, by pleading guilty, defendant waives or gives up

those rights and there will be no trial. The defendant further understands that if

defendant pleads guilty, the Court may ask defendant questions about the offense or

offenses to which defendant pleaded, andlf defendant answers those questions under

oath, on the record, and in the presence of counsel (if any), defendant's answers may

later be used against defendant in a prosecution for perjury or false statement. The

defendant also understands that defendant will be adjudicated guiky of the offenses to

which defendant has pleaded and, if any of such offenses are felonies, may thereby be

deprived of certain rights, such as the right to vote, to hold public office, to serve on a

jury, or to have possession of firearms.


Defendant's Initials   6                    L4

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       11. Facrual Basis
              Defendant is pleading guilty because defendant is in fact guilty. The

 defendant certifies that defendant does hereby admit that the facts set forth below are

true, and were this case to go to ffial, the United States would be able to prove those

specific facts and others beyond a reasonable doubt.

                                        FACTS

              On or about March 13,2A20, the President of the United States declared

the ongoing Coronavirus Disease 2}lg ("COvlD,-19")pandemic of sufficient severify

and magnitude to warrant an emergenry declaration for all states, tribes, territories,

and the District of Columbia pursuant to Section 501(b) of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act, 42 U.S.C. $ 5121     * 5207.
              On or about March 27, 2A20, the President signed into law the
Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provided

emergency assistance to small business owners affected by the COVID-l9 pandemic.

One source of relief provided by The CARES Act was the authoiuationof forgivable

loans to small businesses for job retention and certain other expenses, through a

program referred to as the Paycheck Protection Program (PPP). Another source of

relief was the Economic Injury Disasterloan (EIDL) prograffi,which was an existing

Small Business Administration (SBA) program that provided low-interest financing to

small businesses affected by federally declared disasters. The CARES Act authorized

the SBA to provide EIDLs of up to $2 million to eligible businesses experiencing

substantial financial disruption due to the COYID-L9 pandemic and waived certain


Defendant's Initials   A                   15

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rules and requirements for businesses seeking COVID-l9 EIDLs. The CARES Act

also authonzedthe SBA to issue advances (also known as Economic Injury Disaster

Grants or EIDG) of up to $10,000 to small businesses applying for an EIDL. The

EIDG was determined by the number of employees the applicant certified having and

did not have to be repaid.

             To obtain an EIDL and advance, a quahfuing business was required to

submit an application directly to the SBA and provide information about its

operations, such as the number of employees, gross revenues for the l2-month period

preceding the disaster, and rental properties' lost rents due to the disaster. The

applicant was required to cenif,, that the information in the application was true and

correct to the best of the applicant's knowledge. These figures were used by the SBA

to calculate the EIDL and advance amount.

             In 2020, the defendant, Evan Graves, was a resident of Lee County,
Florida who owned and operated various limited liability companies for which he

fraudulently sought EIDL funds. Those companies, each of which was organizedtn

the State of Florida, were (i) Downtown Capital Assets LLC, (ii) Lovejoy Portfolio

LLC, (iii) Suncoast Portfolio Holdings LLC, (iv) Central Fort Myers Portfolio LLC,

(v) Sunshine Park Investments LLC, (vi) National Capital Properties LLC, (vii)

Greenwood Park LLC, (viii) EGMM Investments LLC, (ix) Tic Toc Investments

LLC, and (x) Onestar Capital Properties LLC.

             Between on or about June 20, 2020, and July 23, 2020, the defendant

electronically submimed 10 EIDL applications on behalf of the above-mentioned


Defendant's Initials ?                   t6

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companies that were approved by the SBA. Each EIDL application was electronically

submitted by the defendant to the SBA from the Middte District of Florida through

selryers located outside the State of Florida. In each EIDL application, the defendant

falsely represented his companies' number of employees, gross revenues, and lost rents

due to the COVID-I9 disaster, in order to qualiff forlmgeloan amounts and advance

funding. In total, the defendant's false and fraudulent representations caused the SBA

to approve a total of $1,336,600 in EIDL funds and $20,000 in EIDG funds (totaling

$1,356,600), of which $1,355,600 was deposited into bank accounts controlled by the

defendant as designated in each EIDL application. (A $100 processing fee per EIDL

application was deducted from each loan amount total prior to disbursement). Below

is a chart summarizing each fraudulent EIDL application submitted by the defendant

that was approved and funded by the SBA:

                   Number of     Lost      Gross                                     Loau
 Business Name     Employee*    Rents
                                                      Application      Loa*
                                          R.evenues                                 Deposit
                                                        Date         Amount
                    Clatmcd    Claimed    Claimed                                    Date
   Downtown
  CapitalAssets       13       $65,000    $240,000    6/20/2020       $55,000   7   /31/2020
      LLC
    Lovejoy
  Portfolio LLC
                      15       $150,000   $200,000    6/24/2A20      $140,000   7   /9/2A20
    Suncoast
    Portfolio         20       $130,000   $200,000    6/24/202A      $120,000   7   /9/2020
  Holdings LLC
  Central Fort
 Myers Portfolio      20       $180,000   $250,000    6/24/2420      $150,000   7   /2t/2020
      LLC
  Sunshine Park                                                      $147,100
                                                                        +
   Investments        26       s157,0t2   $256,890    6/24/2020                 7/9t2020
      LLC                                                            $10,000
                                                                      EIDG




Defendan   t'slnkialS                     t7

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     National
     Capital            25      $153,021   $260,201   6/24/2024       $143,100   7   /21/2020
  Properties LLC

   Greenwood                                                          $144,100
                                                                         +
      Park              25      $154,021   $256,091   6/24/202A                  7   /24/2020
       LLC                                                            $10,000
                                                                       EIDG
     EGMM
   Investments          25      $155,901   $334,072   6/24/2020       $146,000   7/t4/2020
       LLC
     Tic Toc
   Investments          25      $151,230   $235,901   6/24/2020       $141,300   7   /n /2A20
       LLC

  Onestar Capital
  Properties LLC
                        25      $174,201   $304,542   7   /23/2020    $150,000   8/10/2020

                Following disbursement into bank accounts controlled by the defendant,

fraudulently obtained EIDL funds were misused and misapplied by the defendant to,

among other things, fund personal investment accounts, pay off personal credit card

debt, satisfr mortgages, and purchase real estate. For instance, on or about August

 11, 2020, fraudulently obtained EIDL proceeds were used by the defendant to

purchase commercial real properry located at 2973 Palm Beach Boulevard, Fort

Myers, FL 33916. Additionally, fraudulently obtained EIDL proceeds were also used

by the defendant to satisfii mortgages on real properry located at: (i) 1751 Winkler

Avenue, FortMyers, FL 33901; (D2646 CentralAvenue, FortMyers, FL 33901;(iii)

 4646 Amherst Court, Fort Myers, FL 33907; (iv) 2328-2330 Victoria Avenue, Fort

Myers, FL 33901; (v) 2251South Sffeet, Fort Myers, FL 33901, and (vi) 2235 Victoria

Avenue, Fort Myers, FL 33901.




Defendant's Initials €                     18

Case 2:23-cr-00144-SPC-KCD      Document 5      Filed 12/05/23   Page 19 of 19 PageID 30



        12. Entire Agreement
              This plea agreement constitutes the entire agreement between the
 government and the defendant with respect to the aforementioned guilty plea and no

 other promises, agreements, or representations exist or have been made to the

 defendant or defendant's attorney with regardto such guilty plea.

       13. Certification
              The defendant and defendant's counsel certit/ that this plea agreement

has been read in its entirety by (or has been read to) the defendant and that defendant

fully understands its terms.

       DArEDthis       /taryfiffi.
                                               ROGER B. }IANDBERG
                                               United States Attomey




                                                 S r;rr,*R Eit-
Evan Graves                                    Simon R. Eth
Defendant                                      Assistant United States Attorney




Douglas M
                                               Assistant United States Attorney
                                               Chief, Fort Myers Division




Defendant's Initials   4                  t9

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