Indictment by USA as to Aleta Necole Thomas (1) count(s) 1-5 — USA v. Thomas (Dkt. 2, N.D. Okla.)

Summary

A five-count indictment of May 19, 2021 in the Northern District of Oklahoma (4:21-cr-00239-GKF) charges Aleta Necole Thomas with false statements to financial institutions, 18 U.S.C. § 1014, on Paycheck Protection Program applications. It alleges five applications between May 4, 2020 and April 1, 2021: about $75,000 from Tulsa Federal Credit Union for Lead Us Kids Home Daycare, $55,100 and $120,717.00 from Arvest Bank for Lead Us Kids II, $87,500 from Cross River Bank (Bluevine Capital Inc.) for Coming Correct Community Ministries, and $241,169.50 from First Electronic Bank (Fundbox) for Coming Correct Community Ministries II. Each count alleges false payroll and employee figures and false supporting documents. The forfeiture allegation seeks a money judgment of at least $641,885.50 plus $170,744.05, $20,100.52 and $19,146.54 seized from Tulsa Federal Credit Union accounts.

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wi Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 1 of 12

FILED

IN THE UNITED STATES DISTRICT COURT MAY 19 2021

FOR THE NORTHERN DISTRICT OF OKLAHOMA Mark C. McCant, Clerk
U.S. DISTRICT COURT

UNITED STATES OF AMERICA, | Case No. 21CR239 GKF

Plaintiff, INDICTMENT
[COUNTS ONE through FIVE: 18
Vv. U.S.C. § 1014 — False Statement to
a Financial Institution;
ALETA NECOLE THOMAS, Forfeiture Allegation: 18 U.S.C. §
982(a)(2) — Bank Fraud Forfeiture]
Defendant.
THE GRAND JURY CHARGES:
COUNT ONE
[18 U.S.C. § 1014]

On or about May 4, 2020, in the Northern District of Oklahoma, the defendant,
ALETA NECOLE THOMAS, made false statements and reports for the purpose of
influencing in any way the action of a financial institution, Tulsa Federal Credit
Union, upon an application and loan, in the following manner:

1. For the purpose of securing a loan in the approximate amount of
$75,000 for a company, Lead Us Kids Home Daycare (“Lead Us Kids”), that
THOMAS claimed to own and operate, pursuant to the Paycheck Protection
Program (“PPP”) administered by the United States Small Business Administration
(“SBA”), THOMAS knowingly and intentionally:

a. falsely represented in a PPP “Borrower Application Form” she
submitted to Tulsa Federal Credit Union, that Lead Us Kids:

i. had an average monthly payroll of $32,000;
Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 2 of 12

ii. had 15 employees;
iii. had an Employer Identification Number of 16-5462396;
iv. 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;
and
v. or any owner of the Applicant did not have a common
management or ownership with any other business and failed
to list all such businesses and describe the relationship on a
separate sheet identified as addendum A;
b. falsely certified in the PPP “Borrower Application Form” she submitted
to Tulsa Federal Credit Union that the information provided in the application
and supporting documents was true and accurate in all material respects.
2. The accounts of Tulsa Federal Credit Union were then insured by the

National Credit Union Administration.

All in violation of Title 18, United States Code, Section 1014.
Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 3 of 12

COUNT TWO
[18 U.S.C. § 1014]

On or about May 16, 2020, in the Northern District of Oklahoma, the defendant,

ALETA NECOLE THOMAS, made false statements and reports for the purpose of

influencing in any way the action of a financial institution, Arvest Bank, upon an

application and loan, in the following manner:

3.

For the purpose of securing a loan in the approximate amount of

$55,100 for a company, Lead Us Kids II, that THOMAS claimed to own and

operate, pursuant to the PPP administered by the SBA, THOMAS knowingly and

intentionally:

a.

falsely represented in a PPP “Borrower Application Form” she

submitted to Arvest Bank that Lead Us Kids II:

i.

iv.

had an average monthly payroll of $22,075;
had 25 employees;
had an Employer Identification Number of 78-0081492;

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; and

or any owner of the Applicant did not have a common
management or ownership with any other business and failed
to list all such businesses and describe the relationship on a
separate sheet identified as addendum A;
Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 4 of 12

b. falsely certified in the PPP “Borrower Application Form” she submitted
to Arvest Bank that the information provided in the application and
supporting documents was true and accurate in all material respects; and
Cc. submitted to Arvest Bank, as a supporting document for the PPP
“Borrower Application Form,” a false Lead Us Kids II 2019 Annual Federal
Tax return dated January 29, 2020, that stated Lead Us Kids II had wages,
tips, and other compensation of $264,897.00.

4. The accounts of Arvest Bank were then insured by the Federal Deposit

Insurance Corporation.

All in violation of Title 18, United States Code, Section 1014.
_ Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 5 of 12

COUNT THREE
[18 U.S.C. § 1014]

On or about May 27, 2020, in the Northern District of Oklahoma, the defendant,
ALETA NECOLE THOMAS, made false statements and reports for the purpose of
influencing in any way the action of a financial institution, Cross River Bank
(Bluevine Capital Inc.), upon an application and loan, in the following manner:

5. For the purpose of securing a loan in the approximate amount of
$87,500 for a company, Coming Correct Community Ministries, that THOMAS
claimed to own and operate, pursuant to the PPP administered by the SBA,
THOMAS knowingly and intentionally:

a. falsely represented in a PPP “Borrower Application Form” she
submitted to Cross River Bank that Coming Correct Community Ministries:
i. had an average monthly payroll of $35,000;

ii. had 26 employees;

iii. had an Employer Identification Number of 10-9690847;

iv. 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; and

v. or any owner of the Applicant did not have a common
management or ownership with any other business and failed

to list all such businesses and describe the relationship on a
separate sheet identified as addendum A;
Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 6 of 12

b. falsely certified in the PPP “Borrower Application Form” she submitted
to Cross River Bank that the information provided in the application and
supporting documents was true and accurate in all material respects;
c. submitted to Cross River Bank as a supporting document for the PPP
“Borrower Application Form,” forged Tulsa Federal Credit Union bank
statements for a period of December 2019 to February 2020 for an account
number xxxx6599 bearing the name “Aleta Thomas DBA Coming Correct
Community Min”; and
d. submitted to Cross River Bank, as a supporting document for the PPP
“Borrower Application Form,” a false Tax Year 2019 Internal Revenue
Service Form Schedule C (Form 1040), Profit or Loss From Business, for Coming
Correct Community Ministries that stated Coming Correct Community
Ministries had gross receipts or sales of $552,689.00.
6. The accounts of Cross River Bank were then insured by the Federal
Deposit Insurance Corporation.

All in violation of Title 18, United States Code, Section 1014.
_ Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 ~=Page 7 of 12

COUNT FOUR
[18 U.S.C. § 1014]

On or about June 16, 2020, in the Northern District of Oklahoma, the defendant,
ALETA NECOLE THOMAS, made false statements and reports for the purpose of
influencing in any way the action of First Electronic Bank (Fundbox), a financial
institution, upon an application and loan, in the following manner:

7. For the purpose of securing a loan in the approximate amount of
$241,169.50 for a company, Coming Correct Community Ministries II, that
THOMAS claimed to own and operate, pursuant to the PPP administered by the
SBA, THOMAS knowingly and intentionally:

a. falsely represented in a PPP “Borrower Application Form” she
submitted to First Electronic Bank that Coming Correct Community
Ministries II:

i. had an average monthly payroll of $45,500;

ii. had 25 employees;

iii. | 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; and

vi. or any owner of the Applicant did not have a common
management or ownership with any other business and failed

to list all such businesses and describe the relationship on a
separate sheet identified as addendum A;
Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 8 of 12

b. falsely certified in the PPP “Borrower Application Form” she submitted

to First Electronic Bank that the information provided in the application and

supporting documents was true and accurate in all material respects;

Cc. submitted to First Electronic Bank, as a supporting document for the

PPP “Borrower Application Form,” a false “Report generated by Gusto

Payroll Aleta Thomas DBA Coming Correct Community Ministries;” and

d. submitted to First Electronic Bank, as a supporting document for the

PPP “Borrower Application Form,” a false Tax Year 2019 Internal Revenue

Service Form Schedule C (Form 1040), Profit or Loss From Business, for Coming

Correct Community Ministries II that stated Coming Correct Community

Ministries had gross receipts or sales of $652,689.00.

8. The accounts of First Electronic Bank were then insured by the Federal

Deposit Insurance Corporation.

All in violation of Title 18, United States Code, Section 1014.
Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 9 of 12

COUNT FIVE
[18 U.S.C. § 1014]

On or about April 1, 2021, in the Northern District of Oklahoma, the defendant,

ALETA NECOLE THOMAS, made false statements and reports for the purpose of

influencing in any way the action of a financial institution, Arvest Bank, upon an

application and loan, in the following manner:

9.

For the purpose of securing a loan in the approximate amount of

$120,717.00 for a company, Lead Us Kids II, that THOMAS claimed to own and

operate, pursuant to the PPP administered by the SBA, THOMAS knowingly and

intentionally:

a.

falsely represented in a PPP “Borrower Application Form” she

submitted to Arvest Bank that Lead Us Kids II:

i.

iv.

had an average monthly payroll of $48,287.00;
had 25 employees;
had an Employer Identification Number of 78-0081492;

was in operation on February 15, 2020, had not permanently closed,
and was either an eligible self-employed individual, independent
contractor, or sole proprietorship with no employees, or had
employees for whom it paid salaries and payroll taxes or paid
independent contractors, as reported on Form(s) 1099-MISC; and

or any owner of the Applicant did not have a common
management or ownership with any other business and failed
to list all such businesses and describe the relationship on a
separate sheet identified as addendum A;
_ Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 10 of 12

b. falsely certified in the PPP “Borrower Application Form” she submitted
to Arvest Bank that the information provided in the application and
supporting documents was true and accurate in all material respects; and
c. submitted to Arvest Bank, as a supporting document for the PPP
“Borrower Application Form,” a false Lead Us Kids II 2019 Annual Federal
Tax Return dated January 29, 2020, that stated Lead Us Kids II had wages,
tips, and other compensation of $264,897.00.

10. The accounts of Arvest Bank were then insured by the Federal Deposit

Insurance Corporation.

All in violation of Title 18, United States Code, Section 1014.

10
_ Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 11 of 12

FORFEITURE ALLEGATION
[18 U.S.C. § 982(a)(2)]

The allegations contained in this Indictment are hereby realleged and
incorporated by reference for the purpose of alleging forfeitures pursuant to Title 18,
United States Code, Section 982(a){2).

Upon conviction of the offenses alleged in this Indictment, as a part of her
sentence, the defendant, ALETA NECOLE THOMAS, shall forfeit to the United
States, any property constituting, or derived from, or traceable to, the proceeds
obtained, directly or indirectly, as a result of such violations, and any property, real
or personal, that was used or intended to be used to commit or to facilitate the
violation of federal law. The property to be forfeited includes, but is not limited to:

MONEY JUDGMENT

1. A money judgment in an amount of at least $641,885.50, representing
proceeds obtained by the Defendant as a result of the offenses.

ACCOUNTS

2. $170,744.05 in funds, seized from Tulsa Federal Credit Union account
number 265999;

3. $20,100.52 in funds, seized from Tulsa Federal Credit Union account number
266774; and

4. $19,146.54 in funds, seized from Tulsa Federal Credit Union account number
267049.

Pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title
18, United States Code, Sections 982(b)(1) and 1028(g), and Title 28, United States

Code, Section 2461(c), the defendant shall forfeit substitute property, up to the value

1]
_ Case 4:21-cr-00239-GKF Document 2 Filed in USDC ND/OK on 05/19/21 Page 12 of 12

of the property described above if, by any act or omission of the defendant, the
property described above, or any portion thereof, cannot be located upon the exercise
of due diligence; has been transferred or sold to, or deposited with, a third party; has
been placed beyond the jurisdiction of the court; has been substantially diminished in
value; or has been commingled with other property which cannot be divided without
difficulty.

All pursuant to Title 18, United States Code, Section 982(a)(2).

CLINTON J. JOHNSON A TRUE BILL
Acting United States Attorney

Duatde' FF: bbb. /s/ Grand Jury Foreperson
‘KRISTIN F. HARRINGTON Grand Jury Foreperson
Assistant United States Attorney


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