Second Superseding Indictment by USA as to Aleta Necole Thomas — USA v. Thomas (Dkt. 48, N.D. Okla.)

Summary

A Second Superseding Indictment, Document 48 in Case 4:21-cr-00239-GKF, filed October 13, 2021, in the U.S. District Court for the Northern District of Oklahoma. The grand jury charges Aleta Necole Thomas, Pepper Jones, and Katrina West, also known as Katrina Knights, with offenses including false statements to a financial institution under 18 U.S.C. 1014, false statements under 18 U.S.C. 1001(a)(2), and aggravated identity theft under 18 U.S.C. 1028A(a)(1), with a forfeiture allegation. Count One alleges that Thomas made false statements to Tulsa Federal Credit Union to secure a PPP loan of approximately $75,000 for Lead Us Kids Home Daycare, including a stated average monthly payroll of $32,000. Later counts allege false PPP applications to other lenders. These are allegations in a charging document.

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Case 4:21-cr-00239-GKF

Document 48 Filed in USDC ND/OK on 10/13/21

Page 1 of 19

FILED
OCT 13 2021

Mark C. McCarit, Clerk

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OKLAHOMA\) § pisTRict GOURT

UNITED STATES OF AMERICA,
Plaintiff,

Vv.

ALETA NECOLE THOMAS,

PEPPER JONES, and

KATRINA WEST,

a/k/a “Katrina Knights,”

Defendants.

THE GRAND JURY CHARGES:

Case No. 21-CR-239-GKF

SECOND SUPERSEDING
INDICTMENT

[COUNTS ONE through FIVE: 18
U.S.C. § 1014 — False Statement to
a Financial Institution;

COUNTS SIX through FIFTEEN:
18 U.S.C. § 1001(a)(2) — False
Statement;

COUNTS SIXTEEN and
SEVENTEEN: 18 U.S.C.

§ 1028A(a)(1) — Aggravated Identity
Theft;

Forfeiture Allegation: 18 U.S.C.

§ 982(a) and 18 U.S.C. § 1028(b) —
False Statements and Aggravated
Identity Theft Forfeiture]

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:

Le 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
Case 4:21-cr-00239-GKF Document 48 Filed in USDC ND/OK on 10/13/21 Page 2 of 19

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;
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 48 Filed in USDC ND/OK on 10/13/21 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. had an average monthly payroll of $22,075;

li. had 25 employees;

iti. had an Employer Identification Number of 78-0081492;

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 48 Filed in USDC ND/OK on 10/13/21 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
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.
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 48 Filed in USDC ND/OK on 10/13/21 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;

li. 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 48 Filed in USDC ND/OK on 10/13/21 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;
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 48 Filed in USDC ND/OK on 10/13/21 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 fora 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 IT:

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 48 Filed in USDC ND/OK on 10/13/21 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 48 Filed in USDC ND/OK on 10/13/21 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:

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

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 48 Filed in USDC ND/OK on 10/13/21 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 48 Filed in USDC ND/OK on 10/13/21 Page 11 of 19

COUNTS SIX through THIRTEEN
[18 U.S.C. § 1001(a)(2)]

11. On or 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, did willfully and
knowingly make materially false, fictitious, and fraudulent statements and
representations on PPP loan application forms and supporting documentation that
were matters within the jurisdiction of the Small Business Administration, an agency
of the executive branch of the Government of the United States, by submitting PPP
“Borrower Application Forms” and supporting documentation to the SBA-
designated direct lenders listed below for loans in the approximate amount of
$20,833 each for small businesses the defendants claimed to own and operate as self-
employed individuals by:

a. falsely representing in a PPP “Borrower Application Form” the
defendant(s) submitted to the SBA-designated direct lenders that the small
business:
i. had an annual gross income of $100,000 for 2019; and
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;

11
. Case 4:21-cr-00239-GKF

b. falsely certifying in the PPP “Borrower Application Form” submitted to

Document 48 Filed in USDC ND/OK on 10/13/21

Page 12 of 19

the SBA-designated direct lenders that the information provided in the

application and supporting documents was true and accurate in all material

respects; and

©. submitting to the SBA-designated direct lenders, 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 SBA- Defendant(s) Small

Designated Business
Direct Lender
Fountainhead ALETA NECOLE “Aleta

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

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

THOMAS

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

THOMAS

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

11. | 4/09/2021 | Harvest Small ALETA NECOLE “Pepper
Business THOMAS and PEPPER Jones”
Finance, LLC JONES
_Case 4:21-cr-00239-GKF Document 48 Filed in USDC ND/OK on 10/13/21 Page 13 of 19

Count| Date | SBA- Defendant(s) Small
Designated — Business _
Direct Lender . :
12 | 3/17/2021 | Harvest Small ALETA NECOLE “Person A”
Business THOMAS and “Person A,”
Finance, LLC a person known to the grand
jury,
13. | 4/09/2021 | Harvest Small ALETA NECOLE “Person A”
Business THOMAS and “Person A,”
Finance, LLC a person known to the grand
jury,
12. Fountainhead Commercial Capital is an SBA-designated direct lender
for the PPP loan program.
13. Harvest Small Business Finance, LLC, is an SBA-designated direct

lender for the PPP loan program.

All in violation of Title 18, United States Code, Section 1001(a)(2).

13
_ Case 4:21-cr-00239-GKF Document 48 Filed in USDC ND/OK on 10/13/21 Page 14 of 19

COUNTS FOURTEEN and FIFTEEEN
[18 U.S.C. § 1001(a)(2)]

14. On or about the dates alleged below, in the Northern District of
Oklahoma, the defendant, ALETA NECOLE THOMAS and “Person B,” a person
known to the Grand Jury did willfully and knowingly make materially false,
fictitious, and fraudulent statements and representations on PPP loan application
forms and supporting documentation that were matters within the jurisdiction of the
Small Business Administration, an agency of the executive branch of the
Government of the United States, by submitting PPP “Borrower Application Forms”
and supporting documentation to the SBA-designated direct lenders listed below for
loans in the approximate amount of $20,833 each for small businesses the defendant
claimed to own and operate as self-employed individuals by:

a. falsely representing in a PPP “Borrower Application Form” the
defendant submitted to the SBA-designated direct lenders that the small
business:
i. had an annual gross income of $100,000 for 2019; and
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;
b. falsely certifying in the PPP “Borrower Application Form” submitted to the

SBA-designated direct lenders that the information provided in the application

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

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

Document 48 Filed in USDC ND/OK on 10/13/21

Page 15 of 19

Count| Date SBA- Defendant(s) Small
Designated Business
Direct Lender
14 | 4/02/2021 | Harvest Small ALETA NECOLE “Destined
Business THOMAS and “Person B,” | II Shine”
Finance, LLC a person known to the grand
jury,
15 | 4/09/2021 | Harvest Small ALETA NECOLE “Destined
Business THOMAS and “Person B,” | I Shine”
Finance, LLC a person known to the grand
jury,
15. Harvest Small Business Finance, LLC, is an SBA-designated direct

lender for the PPP loan program.

All in violation of Title 18, United States Code, Section 1001(a)(2).

15
_ Case 4:21-cr-00239-GKF Document 48 Filed in USDC ND/OK on 10/13/21 Page 16 of 19

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

16. The allegations in Count Fourteen of this Second 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 1001(a)(2),
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 48 Filed in USDC ND/OK on 10/13/21 Page 17 of 19

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

18. The allegations in Count Fifteen of this Second 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 1001(a)(2),
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 48 Filed in USDC ND/OK on 10/13/21 Page 18 of 19

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

The allegations contained in this Second 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) and Title 18, United States
Code, Section 1028(b).

Upon conviction of the offenses alleged in this Second 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;

18
Case 4:21-cr-00239-GKF Document 48 Filed in USDC ND/OK on 10/13/21 Page 19 of 19

ACCOUNTS

4. $170,744.05 in funds, seized from Tulsa Federal Credit Union account
number xxx5999;

5. $20,100.52 in funds, seized from Tulsa Federal Credit Union account number
xxx6774; and

6. $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) and Title 18, United
States Code, Section 1028(b).

CLINTON J. JOHNSON A TRUE BILL
Acting United States Attorney

—

/s/ Grand Jury Foreperson
ISTIN F. RRINGTON Grand Jury Foreperson
Assistant United States Attorney

19


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