Court filing
Declaration of Rufus Jenkins (PX 1) — FTC v. Ponte Investments
Filed April 17, 2020 in FTC v. Ponte; one of 12 filings from this case.
Record facts
| Court | U.S. District Court, District of Rhode Island |
|---|---|
| Filed | 2020-04-17 |
U.S. District Court, District of Rhode Island · No. 1:20-cv-00177-JJM-PAS · Doc. 5-2 · 2020-04-17 · Docket on CourtListener
Full text
PX 1
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DECLARATION OF RUFUS JENKINS
PURSUANT TO 28 U.S.C. §1746
I, Rufus Jenkins, have personal knowledge of the facts and matters discussed
in this declaration and, if called as a witness, could and would testify as follows:
1.
I am employed by the Federal Trade Commission (“FTC” or “Commission”) as
an investigator in the Bureau of Consumer Protection. I have worked with the FTC since April
2019. Previously, I worked for eight years in a forensics practice at one of the Big Four public
accounting firms. I earned my Master of Accountancy and Master of Business Administration
from Mercer University. I am a licensed Certified Public Accountant and a Certified Fraud
Examiner.
2.
I have been working on the Commission’s investigation concerning Ponte
Investments, LLC, also doing business as SBA Loan Program and SBA Loan Program.com;
Ponte Investments of Florida, LLC; and John C. Ponte. Collectively, Ponte Investments, LLC
and John C. Ponte are the Defendants in this matter.
3.
As the custodian of documents and information collected in the course of this
investigation, I maintain all such evidence in my custody and control on a secure FTC server.
Below, I describe those documents and information.
I.
CORPORATE FILINGS AND STATUS
4.
The Defendants created legal entities by filing company records with state
governmental agencies in Rhode Island and Florida. Both Rhode Island and Florida allow the
public to access, search for, and download company records from state-run websites.1 I obtained
1 Rhode Island’s corporate database is available at http://business.sos.ri.gov/CorpWeb/CorpSearch/CorpSearch.aspx,
and Florida’s is available at https://dos myflorida.com/sunbiz/search/.
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company records filed by the Defendants through this process. True and correct copies of
company filings I obtained regarding Ponte Investments, LLC are appended hereto as
Attachment A.
A.
Ponte Investments, LLC d/b/a SBA Loan Program.com
Rhode Island
5.
On May 20, 2011, the Articles of Organization were filed with the State of Rhode
Island and Providence Plantations Office of the Secretary of State to create Ponte Investments,
LLC. The Articles indicate that the company will be managed by its Member(s).
6.
The Articles are signed by Alfred T. Marciano, CPA, who is also listed as the
resident agent. The street address for the resident agent and the principal office of the company
is 18 Imperial Place, Suite 1G, Providence, RI 02903.
7.
On October 10, 2012, an Annual Report was filed with Rhode Island. The Report
is signed by Alfred T. Marciano, CPA. The Report includes “[m]ortgage [b]rokerage” as a brief
description of the character of the business that is actually conducted in Rhode Island.
8.
On October 23, 2012, an amended Annual Report was filed with Rhode Island.
The Report is signed by Alfred T. Marciano, CPA. The Report changed the brief description of
the character of the business that is actually conducted in Rhode Island to “[r]eal [e]state.”
9.
On October 31, 2013, an Annual Report was filed with Rhode Island. The Report
is signed by Alfred T. Marciano, CPA.
10.
On February 2, 2015, an Annual Report was filed with Rhode Island. The Report
changed the brief description of the character of the business that is actually conducted in Rhode
Island to “SBA [l]oans for business and home mortgages thru a FDIC insured institution[,]
[b]usiness consulting[,] and [r]eal [e]state development.” The Report listed a different contact
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person for the company – John Ponte, Managing Member. The Report is signed by John C.
Ponte.
11.
On May 4, 2015, a Fictitious Business Name Statement was filed in Rhode Island
that authorizes Ponte Investments, LLC to use the fictitious business name SBA Loan
Program.com. The Statement provides that the business is engaged in “[o]riginat[ing] and
package[ing] SBA and commercial loans, real estate development[,] and business consulting.”
The Statement is signed by a Member of Ponte Investments, LLC.2
12.
On August 13, 2015, an amendment to the Articles of Organization was filed with
Rhode Island. The Articles changed the principal office address to 42 Ladd Street, Unit 315,
East Greenwich, RI 02818. The Articles are signed by an authorized person of Ponte
Investments, LLC.3
13.
On February 17, 2016, an Annual Report was filed with Rhode Island. The
Report is signed by John C. Ponte. The Report describes the business conducted by the company
as “SBA and other business loans arranged through third party providers, real estate acquisition
[and] developement (sic), and business consulting services.”
14.
The Report lists the mailing address of the company as 18 Imperial Place, Suite
16, Providence RI 02903, and the principal office address as 5700 Post Road, East Greenwich,
RI 02818. The Report lists the contact person for the company as John Ponte, Managing
Member.
2 There is no printed or typed name accompanying this signature. However, it is similar to the signature of John C.
Ponte affixed to the Annual Report filed by Ponte Investments, LLC with Rhode Island on February 17, 2016.
3 Similar to the signature appended to the Fictitious Business Name Statement filed by Ponte Investments, LLC with
Rhode Island on May 4, 2015, there is no printed or typed name accompanying this signature. Again, it is similar to
the signature of John C. Ponte affixed to the Annual Report filed by Ponte Investments, LLC with Rhode Island on
February 17, 2016.
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15.
On September 9, 2016, an Annual Report was filed with Rhode Island. The
Report is signed by John Ponte.
16.
On September 9, 2016, a Statement of Change of Office was filed with Rhode
Island. The Statement lists the address of the resident office as 18 Imperial Place, Suite 1D,
Providence, Rhode Island 02903. The Statement is signed by Alfred T. Marciano, CPA.
17.
On October 26, 2017, an Annual Report was filed with Rhode Island. The Report
is signed by Alfred T. Marciano, CPA.
18.
On August 22, 2018, an Annual Report was filed with Rhode Island. The Report
is signed by Alfred T. Marciano, CPA.
19.
On December 17, 2018, an amended Annual Report was filed with Rhode Island.
The Report lists the principal office address as 1300 Division Road, Suite 305, West Warwick,
RI 02893. The Report is signed by Alfred T. Marciano, CPA.
20.
On August 26, 2019, an Annual Report was filed with Rhode Island. The Report
is signed by Alfred T. Marciano, CPA.
21.
On January 9, 2020, an amended Annual Report was filed with Rhode Island.
The Report describes the business conducted by the company as “SBA and other business loans
arranged through third party providers and business consulting services.” The Report is signed
by Alfred T. Marciano, CPA.
Florida
22.
On August 29, 2017, an Application by Foreign Limited Liability Company for
Authorization to Transact Business in Florida and cover letter were filed with the Florida
Secretary of State wherein the company adopted the name Ponte Investments of Florida, LLC.
The Application lists the mailing address as 18 Imperial Place, Suite 1D, Providence, RI 02903
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and the address of the principal office as 1779 So. Pinellis Avenue, Suite 400, Tarpon Springs,
FL 34689. The Application was authorized, executed, and signed by John C. Ponte, Member.
23.
The Application lists the Florida registered agent as CT Corporation System at
1200 South Pine Island Road, Plantation, FL 33324. The Application is signed on behalf of the
registered agent by Kimberly Steinmetz, Vice President and Assistant Secretary.
24.
The Application’s cover letter asks correspondence concerning the application be
sent to Angel Dominguez of Charland, Marciano & Company, CPAs, LLP at 18 Imperial Place,
Unit 1D, Providence, RI 02903. The cover letter lists Kimberly Steinmetz as the contact person
for further information and provides a telephone number of (888) 201-6278.
25.
On April 24, 2018, a Foreign Limited Liability Company Annual Report was filed
with Florida. The Report lists John C. Ponte, Member, as the company’s authorized person, and
it is signed by John C. Ponte, President.
26.
On September 27, 2019, Ponte Investments of Florida, LLC was revoked for
failing to file an annual report.
B.
Ponte Investments of Florida, LLC
Florida
27.
On October 16, 2014, the Articles of Organization were filed with the Florida
Secretary of State creating Ponte Investments of Florida, LLC. The Articles lists the street
address and mailing address as 1415 Bear Island Drive, West Palm Beach, FL 33409. The
Articles lists the registered agent as the Law Offices of Paul A. Herman at 902 Clint Moore
Road, 142, Boca Raton, FL 33487. True and correct copies of company filings I obtained
regarding Ponte Investments of Florida, LLC are appended hereto as Attachment B.
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28.
The Articles include the following as individuals authorized to manage the entity:
Charles E. Land, Manager; Annette F. Picerne, Manager; and John C. Ponte, CEO. The Articles
are signed by Paul A. Herman.
29.
The principal address given in the Florida corporate database for this entity is
1640 Presidential Way, Unit A 105, West Palm Beach, FL 33401. On September 25, 2015,
Ponte Investments of Florida, LLC was administratively dissolved for failing to file an annual
report.
II.
INDIVIDUAL RESIDENCE
30.
Using the public records database called LexisNexis Accurint, I searched for the
residential address of John C. Ponte. Accurint is a subscription-based database of individual and
corporate public records.
A.
John C. Ponte
31.
On April 17, 2020, I searched for Mr. Ponte’s address using his social security
number (xxx-xx-
). The most recent address for Mr. Ponte is
, Newport, RI 02840. A true and correct copy of this record is available upon request.
III.
DOMAIN REGISTRATION
32.
The Defendants use a website registered by GoDaddy.com, LLC (“GoDaddy”) to
market the Defendants’ services to consumers. GoDaddy provides a WHOIS Domain Lookup
tool that allows the public to search for who owns a website.4 I obtained the registrant details of
the Defendants’ website through this process.
4 The search field is located at https://www.godaddy.com/whois.
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A.
SBALoanProgram.com
33.
On April 16, 2020, I searched WHOIS records using the domain name
sbaloanprogram.com. The domain name sbaloanprogram.com was created on January 6, 2015.
The domain’s registrant, administrative, and technical contact listed is Richard Ponte at
, Warwick, RI 02889 with an email address of rponte
and a
telephone number of (401)
A true and correct copy of the domain registration record I
obtained regarding SBALoanProgram.com is appended hereto as Attachment C.
IV.
TELECOMMUNICATION SERVICE
34.
I used LexisNexis Accurint to research the telephone number, (401)
provided in the Defendants’ domain ownership record. Accurint is a subscription-based database
of individual and corporate public records, including access to both cellular and land line carrier
records and self-reported phone data.
A.
(401)
35.
On April 16, 2020, I searched for telephone number (401)
, resulting in a
phone detail record naming John Ponte. A true and correct copy of this record is available upon
request.
V.
WEBSITE
36.
As I mentioned above, the Defendants’ use a website to market their services to
consumers. Using a desktop browser, I visited the Defendants’ website and used the Snipping
Tool and web capture application of Adobe Acrobat to preserve the website, in part and in
whole. The Snipping Tool is a Microsoft Windows screenshot utility available to users of certain
operating systems produced by Microsoft Corporation for use on personal computers, and
Acrobat is a licensed software available for purchase.
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A.
www.SBALoanProgram.com
37.
On April 10, 2020, I visited the website of Ponte Investments, LLC at
www.SBALoanProgram.com and used the Snipping Tool to preserve the pop-up window that
first appears when accessing the website. A true and correct copy of the “home page” of the
website www.SBALoanProgram.com is appended hereto as Attachment D. I used the web
capture application of Adobe Acrobat software to preserve the remainder of the website. A true
and correct copy of the remainder of the website www.SBALoanProgram.com is available upon
request, as the web capture is over three hundred pages.
38.
On April 15, 2020, I visited the website of Ponte Investments, LLC at
www.SBALoanProgram.com. I used a feature in the desktop browser that allowed me to view a
mobile version, specifically for an iPhone X, of the website. In addition to the home page, I
viewed the Paycheck Protection Program web page where consumers can submit loan
applications. The company’s logo on this web page reads “SBA Loan Program.” True and
correct copies of the mobile version of these pages of the website www.SBALoanProgram.com
are appended hereto as Attachment E.
39.
FTC staff also conducted searches of Defendants’ website, including a
webcapture using Adobe Acrobat software on March 30, 2020. A true and correct copy of that
capture of the website www.SBALoanProgram.com is appended hereto as Attachment F.
VI.
UNDERCOVER CALL
40.
As part of my investigation, I conducted an undercover call to the telephone
number Ponte Investments advertises on its website – www.SBALoanProgram.com – 1 (888)
982-8380. Identifying myself as the manager of a fictitious business, I talked to a representative
of the Corporate Defendant, Ponte Investments, LLC.
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A.
Call with SBA Loan Program
41.
On April 16, 2020, I spoke with a female representative of Ponte Investments,
LLC at (888) 982-8380.
42.
Upon picking up the call, she announced that I had reached the “SBA Loan
Program” and asked how she could help me. As I began to ask questions, the representative
remarked that she had other calls coming in that she needed to answer. I then asked her whether
SBA Loan Program is a U.S. Small Business Administration lender that can approve a Paycheck
Protection Program loan, to which she replied, “Yes, we are.”
43.
I asked the representative whether SBA Loan Program would review my firm’s
credit or if SBA Loan Program would send it through another lender. She responded, “Right
now, we’ll send it through another lender, but next week we’ll be doing our own funding. We’re
just waiting for the guidelines to be clarified by the government and the SBA.”
44.
The representative asked me a question about going through my firm’s bank, but
as I began to answer, she cut in to say that she had other calls coming through the switchboard
that she needed to answer. She then transferred me to the extension of another representative,
Natalya Pontz, who did not answer. I reached Ms. Pontz’s voicemail, but I did not leave a
message.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 17th day of April, 2020.
/s/ Rufus L. M. Jenkins
RUFUS L. M. JENKINS, MBA, CPA, CFE
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ATTACHMENT A
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RI SOS Filing Number: 201561385410 Date: 05/04/2015 8:44 AM
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RI SOS Filing Number: 201573215730 Date: 08/13/2015 9:37 AM
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RI SOS Filing Number: 201692539920 Date: 02/17/2016 4:00 PM
132574-1-1089398
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RI SOS Filing Number: 201608606740 Date: 09/09/2016 11:18 AM
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1779 SO. PINELLAS AVE SUITE 400
TARPON SPRINGS, FL 34689
Current Principal Place of Business:
Current Mailing Address:
18 IMPERIAL PLACE SUITE 1D
PROVIDENCE, RI 02903 US
Entity Name: PONTE INVESTMENTS OF FLORIDA LLC
DOCUMENT# M17000007536
FEI Number: 45-2346345
Certificate of Status Desired:
Name and Address of Current Registered Agent:
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Date
Authorized Person(s) Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Authorized Person(s) Detail
Date
FILED
Apr 24, 2018
Secretary of State
CC5258057188
JOHN C PONTE
PRESIDENT
04/24/2018
2018 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT
Yes
Title
MBR
Name
PONTE, JOHN C
Address
18 IMPERIAL PLACE SUITE 1D
City-State-Zip:
PROVIDENCE RI 02903
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4/9/2020
Detail by Entity Name
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Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Detail by Entity Name
Foreign Limited Liability Company
PONTE INVESTMENTS OF FLORIDA LLC
Cross Reference Name
PONTE INVESTMENTS, LLC
Filing Information
M17000007536
45-2346345
08/29/2017
RI
INACTIVE
REVOKED FOR ANNUAL
REPORT
09/27/2019
NONE
Principal Address
1779 SO. PINELLAS AVE SUITE 400
TARPON SPRINGS, FL 34689
Mailing Address
18 IMPERIAL PLACE SUITE 1D
PROVIDENCE, RI 02903
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Authorized Person(s) Detail
Name & Address
Title MBR
PONTE, JOHN C
18 IMPERIAL PLACE SUITE 1D
PROVIDENCE, RI 02903
Annual Reports
Report Year
Filed Date
2018
04/24/2018
Document Images
04/24/2018 -- ANNUAL REPORT
View image in PDF format
08/29/2017 -- Foreign Limited
View image in PDF format
Florida Department of State, Division of Corporations
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ATTACHMENT B
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Detail by Entity Name
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2/2
PONTE, JOHN C
1415 BEAR ISLAND DR
WEST PALM BEACH, FL 33409
Title MGR
PICERNE, ANNETTE F
1415 BEAR ISLAND DR
WEST PALM BEACH, FL 33409
Annual Reports
No Annual Reports Filed
Document Images
10/16/2014 -- Florida Limited Liability
View image in PDF format
Florida Department of State, Division of Corporations
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ATTACHMENT C
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ATTACHMENT D
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ATTACHMENT E
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ATTACHMENT F
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3/31/2020
Paycheck Protection Program - SBA Loan Program
https://sbaloanprogram.com/paycheck-protection-program/
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Paycheck Protection Program
Low Interest Stimulus Relief Funding…
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Paycheck Protection Program - SBA Loan Program
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