Superseding Indictment by USA as to Aleta Necole Thomas (1) count(s) 1s-7s, 10s-15s — USA v. Thomas (Dkt. 17, N.D. Okla.)

Summary

A superseding indictment in United States v. Aleta Necole Thomas, Pepper Jones and Katrina West, Case No. 21-CR-239-GKF, filed in the Northern District of Oklahoma on 07/20/21. Counts One through Fifteen charge false statements to a financial institution under 18 U.S.C. § 1014 on Paycheck Protection Program applications; Counts Sixteen and Seventeen charge aggravated identity theft under 18 U.S.C. § 1028A(a)(1). Count One alleges that on or about May 4, 2020 Thomas sought a loan in the approximate amount of $75,000 from Tulsa Federal Credit Union for Lead Us Kids Home Daycare, claiming an average monthly payroll of $32,000 and 15 employees. Later counts allege that Jones and West applied for $20,833 each as self-employed individuals.

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. Case 4:21-cr-00239-GKF

IN THE UNITED STATES DISTRICT COURT

Document 17 Filed in USDC ND/OK on 07/20/21

Page 1 of 19

FOR THE NORTHERN DISTRICT OF OKLAHOMA" Mark C. Mc

UNITED STATES OF AMERICA,
Plaintiff,
Vv.

ALETA NECOLE THOMAS,
PEPPER JONES, and
KATRINA WEST,

a/k/a “Katrina Knights,”

Cartt,
DISTRICT gue

Case No. 21-CR-239-GKF

SUPERSEDING INDICTMENT
[COUNTS ONE through
FIFTEEN: 18 U.S.C. § 1014 — False
Statement to a Financial Institution;
COUNTS SIXTEEN and
SEVENTEEN: 18 U.S.C. §
1028A(a)(1) — Aggravated Identity
Theft;

Forfeiture Allegation: 18 U.S.C. §

Defendants. 982(a)(2) and 18 U.S.C. § 1028(b)(5)
— Bank Fraud and Identity Theft
Forfeiture]
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:

iL. 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:
: Case 4:21-cr-00239-GKF Document 17 Filed in USDC ND/OK 0n 07/20/21 Page 2 of 19

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;
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. 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 17 Filed in USDC ND/OK on 07/20/21 Page 3 of 19

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

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 17 Filed in USDC ND/OK 0n 07/20/21 Page 4 of 19

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 17 Filed in USDC ND/OK on 07/20/21 Page 5 of 19

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. 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 17 Filed in USDC ND/OK on 07/20/21 Page 6 of 19

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;
Cc. 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 17 Filed in USDC ND/OK 0n 07/20/21 Page 7 of 19

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. 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 17 Filed in USDC ND/OK on 07/20/21 Page 8 of 19

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;

c. 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 17 Filed in USDC ND/OK 0n 07/20/21 Page 9 of 19

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:

1.

iv.

had an average monthly payroll of $48,287.00;
had 25 employees;
had an Employer Identification Number of 78-00381492;

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

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 17 Filed in USDC ND/OK on 07/20/21 Page 10 of 19

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 17 Filed in USDC ND/OK on 07/20/21 Page 11 of 19

COUNTS SIX THROUGH THIRTEEN
[18 U.S.C. § 1014]

11. Onor about the dates alleged below, in the Northern District of
Oklahoma, the defendants, ALETA NECOLE THOMAS, PEPPER JONES, and
KATRINA WEST, a/k/a “Katrina Knights,” identified below made false
statements and reports for the purpose of influencing in any way financial
institutions identified below upon applications and loans pursuant to the PPP
administered by the SBA in the approximate amount of $20,833 each for small
businesses the defendants claimed to own and operate as self-employed individuals
by knowingly and intentionally:

a. falsely representing in a PPP “Borrower Application Form” the

defendant(s) submitted to a financial institution that the small business:

i. had an annual gross income of $100,000 for 2019;

ii. 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

iii, 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 certifying in the PPP “Borrower Application Form” submitted to

the financial institution that the information provided in the application and

supporting documents was true and accurate in all material respects; and

11
‘Case 4:21-cr-00239-GKF

Document 17 Filed in USDC ND/OK on 07/20/21

Page 12 of 19

submitting to the financial institution, as a supporting document for the

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

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

small business that stated the small business had gross receipts or sales of

$100,000.
Count Date Financial Defendant(s) Small

Institution Business
Fountainhead | ALETA NECOLE THOMAS | “Aleta

6 3/10/2021 | Commercial Thomas”
Capital
Fountainhead | ALETA NECOLE THOMAS | “Aleta

7 3/31/2021 | Commercial Thomas”
Capital
Fountainhead | KATRINA WEST, a/k/a “Katrina

8 3/25/2021 | Commercial | “Katrina Knights” West”
Capital

9 4/12/2021 | Fountainhead | KATRINA WEST, a/k/a “Katrina
Commercial | “Katrina Knights” West”
Capital

10 | 3/16/2021 | Harvest Small | ALETA NECOLE THOMAS | “Pepper
Business and PEPPER JONES Jones”
Finance, LLC

11 4/9/2021 | Harvest Small | ALETA NECOLE THOMAS | “Pepper
Business and PEPPER JONES Jones”
Finance, LLC

12 | 3/17/2021 | Harvest Small | ALETA NECOLE THOMAS | “Person A”
Business and “Person A,” a person
Finance, LLC | known to the grand jury,

13 4/9/2021 | Harvest Small | ALETA NECOLE THOMAS | “Person A”
Business and “Person A,” a person
Finance, LLC | known to the grand jury,

12. The accounts of Fountainhead Commercial Capital were then insured

by the Federal Deposit Insurance Corporation.

12
‘Case 4:21-cr-00239-GKF Document 17 Filed in USDC ND/OK on 07/20/21 Page 13 of 19

13. The accounts of Harvest Small Business Finance, LLC, were then
insured by the Federal Deposit Insurance Corporation.

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

13
‘Case 4:21-cr-00239-GKF Document 17 Filed in USDC ND/OK on 07/20/21 Page 14 of 19

COUNTS FOURTEEN AND FIFTEEN
[18 U.S.C. § 1014]

14. On or about the dates alleged below, in the Northern District of
Okiahoma, the defendant identified below made false statements and reports for the
purpose of influencing in any way financial institutions identified below upon
applications and loans pursuant to the PPP administered by the SBA in the
approximate amount of $20,833 each for small businesses the defendant claimed to
own and operate as self-employed individuals by knowingly and intentionally:

a. falsely representing in a PPP “Borrower Application Form” the
defendant submitted to a financial institution that the small business:
i. had an annual gross income of $100,000 for 2019;

' il. 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

iii, 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 certifying in the PPP “Borrower Application Form” submitted to

the financial institution that the information provided in the application and

supporting documents was true and accurate in all material respects; and

14
-Case 4:21-cr-00239-GKF

Document 17 Filed in USDC ND/OK on 07/20/21 Page 15 of 19

Count Date Financial Defendant Small Business
Harvest Small ALETA NECOLE “Person B”
Business THOMAS and “Person
Ia B21 L021 Finance, LLC B,” a person known to
the grand jury,
Harvest Small ALETA NECOLE “Person B
Business THOMAS and “Person
al leet Finance, LLC B,” a person known to
the grand jury,
15. The accounts of Harvest Small Business Finance, LLC, were then

insured by the Federal Deposit Insurance Corporation.

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

15
‘Case 4:21-cr-00239-GKF Document 17 Filed in USDC ND/OK on 07/20/21 Page 16 of 19

COUNT SIXTEEN
[18 U.S.C. § 1028A(a)(1)]

16. The allegations of Counts Fourteen and Fifteen of this Superseding
Indictment are fully incorporated into this Count.

17. On or about April 2, 2021, in the Northern District of Oklahoma,
Defendant ALETA NECOLE THOMAS did knowingly transfer, use, and possess,
without lawful authority, a means of identification of another person known to the
Grand Jury and designated herein as “Person B,” a person known to the grand jury,
during and in relation to a felony violation enumerated in Title 18, United States
Code, Section § 1028A(c), that is, Title 18, United States Code, Section 1014,
knowing that the means of identification belonged to another actual person.

All in violation of Title 18, United States Code, Section 1028A(a)(1).

16
«Case 4:21-cr-00239-GKF Document 17 Filed in USDC ND/OK on 07/20/21 Page 17 of 19

COUNT SEVENTEEN
[18 U.S.C. § 1028A(a)(1)]

18. The allegations of Counts Fourteen and Fifteen of this Superseding
Indictment are fully incorporated into this Count.

19. On or about April 9, 2021, in the Northern District of Oklahoma,
Defendant ALETA NECOLE THOMAS did knowingly transfer, use, and possess,
without lawful authority, a means of identification of another person known to the
Grand Jury and designated herein as “Person B,” a person known to the grand jury,
during and in relation to a felony violation enumerated in Title 18, United States
Code, Section § 1028A(c), that is, Title 18, United States Code, Section 1014,
knowing that the means of identification belonged to another actual person.

All in violation of Title 18, United States Code, Section 1028A(a)(1).

17
«Case 4:21-cr-00239-GKF Document 17 Filed in USDC ND/OK on 07/20/21 Page 18 of 19

FORFEITURE ALLEGATION
[18 U.S.C. § 982(a)(2) and 18 U.S.C. § 1028(b)(5)]

The allegations contained in this Superseding 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) and Title 18, United States Code, Section

Upon conviction of the offenses alleged in this Superseding Indictment, as a part
of their sentences, the defendants, ALETA NECOLE THOMAS, PEPPER JONES,
and KATRINA WEST, a/k/a “Katrina Knights”, 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 $795,158,50, representing

proceeds obtained by ALETA NECOLE THOMAS as a result of the

offenses;

2. A money judgment in an amount of at least $41,666, representing proceeds
obtained by PEPPER JONES as a result of the offenses;

3. A money judgment in an amount of at least $41,666, representing proceeds
obtained by KATRINA WEST as a result of the offenses;

ACCOUNTS

2. $170,744.05 in funds, seized from Tulsa Federal Credit Union account
number xxx5999;

18
‘Case 4:21-cr-00239-GKF Document 17 Filed in USDC ND/OK 0n 07/20/21 Page 19 of 19

3. $20,100.52 in funds, seized from Tulsa Federal Credit Union account number
xxx6774; and

4. $19,146.54 in funds, seized from Tulsa Federal Credit Union account number
xx7049.

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 defendants shall forfeit substitute property, up to the value
of the property described above if, by any act or omission of the defendants, 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) and Title 18,

United States Code, Section 1028(b)(5).

CLINTON J. JOHNSON A TRUE BILL
Acting United States Attorney

~

ws /s/ Grand Jury Foreperson
STIN F. HARRINGTON Grand Jury Foreperson
Assistant United States Attorney

19


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