Sealed Indictment as to Apocalypse Bella (1) count(s) 1, 2, 3, 4, Sealed — USA v. Bella (Dkt. 3, S.D.N.Y.)

Record facts

U.S. District Court for the Southern District of New York · No. 1:21-cr-00247-PAE · Doc. 3 · 2021-04-14 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHE RN DISTRICT OF NEW YORK 
UNITED STATES OF AMERICA 
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v . -
APOCALYPSE BELLA, 
a/k/a " Dias Yumba ," 
MACKENZY TOUSSAINT , 
a/k/a "Mack," and 
AMOS MUNDENDI , 
a/k/a "Mos ," 
a/k/a "El Ashile Mundi ," 
Defendants. 
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X 
COUNT ONE 
SEALED INDICTMENT 
21 Cr . 
(Conspiracy to Commit Major Fraud Against and 
Defraud the United States) 
The Grand Jury charges : 
OVERVIEW OF FRAUDULENT SCHEME 
1. 
From at least in or about March 2020 to the present , 
APOCALYPSE BELLA, a/k/a " Dias Yumba ," MACKENZY TOUSSAINT, a/k/a 
"Mack," and AMOS MUNDENDI, a/k/a "Mos," a/k/a "El Ashile Mundi ," 
the defendants , were involved in an extensive scheme to prepare 
and submit fraudulent applications to the Small Business 
Administration (" SBA" ) and to at least one company which 
processes PPP loan applications ("PPP Loan Company- 1" ) , in order 
to obtain at least approximately $14 million in government-
guaranteed loans for various companies through the SBA' s 
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Paycheck Protection Program (" PPP" ) , designed to provide 
financial relief to qualifying companies during the novel 
coronavi rus/COVID- 19 pandemic. 
This scheme resulted in the 
approval of fraudulently procured loans for two companies 
(" Company- 1" and " Company- 2" ) , both located in the Southern 
District of New York , totaling approximately $4 million , and the 
distribution of the proceeds of these fraudulently obtained 
funds to a series of bank accounts located in the United States 
and elsewhere , including bank accounts controlled by TOUSSAINT 
and BELLA . 
2. 
APOCALYPSE BELLA, a/k/a "Dias Yumba ," MACKENZY 
TOUSSAI NT , a/k/a " Mack," and AMOS MUNDENDI , a/k/a "Mos ," a/k/a 
"El Ashile Mundi ," the defendants , devised and executed this 
fraudulent scheme by conspiring wi th indivi dua l s (the " Straw 
Applicants " ) , who own , operate or otherwise are affi liated with 
businesses (the " Straw Companies " ) , such as Company- 1 and 
Company- 2 . 
BELLA, TOUSSAINT , MUNDENDI , and other co-
conspirators supervised and coordinated the submission of 
fraudulent PPP l oan applications for the Straw Compani es , and in 
some cases , completed and/or submitted the fraudulent 
applications themselves . 
3. 
The PPP loan applications for Company- 1 and Company- 2 
(" Company-1 PPP Loan Application" and " Company-2 PPP Loan 
Application" ) were false , designed to maximize proceeds to the 
2 
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fraud scheme . 
Specifically, applications for both Company-1 and 
Company- 2 contained material differences from loan applications 
submitted f or both companies for the Economic Injury Disaster 
Loan ("EIDL" ) program just months earlier. 
For instance, the 
Company-1 PPP Loan Application represented that Company-1 had 
over 100 employees. 
However , an earlier EIDL loan application 
for Company-1 dated on or about March 30 , 2020 , represented that 
Company-1 had only four employees. 
And the Company-2 PPP Loan 
Application was strikingly similar to that of Company- 1, in 
terms of the number of employees and the size of its payroll , 
although a previously submitted EIDL loan application for 
Company- 2 also claimed that Company- 2 had many fewer employees. 
Moreover , the Company-1 and Company- 2 PPP Loan Applications both 
contained false information about the number of employees, size 
of payroll , and other financial information relating to Company-
1 and Company-2. 
These false representations appear to be 
designed to result in the procurement of PPP loans just shy of 
$2 million for each company , the largest PPP loan that was 
allowed by PPP Loan Company- 1 at the time that the Company- 1 and 
Company-2 PPP Loan Applications were submitted . 
4 . 
In early July 2020, the PPP loan applications for both 
Company- 1 and Company- 2 were approved, resulting in the 
disbursement of nearly $4 million total in fraudulently procured 
loans to the defendants. 
3 
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5 . 
Between July and August 2020 , there were significant 
disbursements from the Company- 1 Bank Account that did not 
appear to meet the requirements for the use of PPP funds , 
including large transfers of funds abroad, the movement of funds 
to an investment management company , and the payment of 
approximately $729 , 550 in funds to a bank account which is 
controlled by APOCALYPSE BELLA, a/k/a " Dias Yumba ," the 
defendant , and approximately $138 , 000 to a bank account which is 
controlled by MACKENZY TOUSSAINT , a/k/a "Mack," the defendant. 
6 . 
Starting in or about February 2021 , AMOS MUNDENDI , 
a/k/a "Mos ," a/k/a " El Ashile Mundi , " the defendant , began to 
facilitate the process of fraudulently applying for a second 
round of PPP loans , including for Company- 1 and Company- 2 . 
This 
resulted in a second fraudulent PPP Loan Application being 
prepared and submitted in the name of Company- 1 requesting an 
additional $2 million in PPP funds. 
Those funds have not yet 
been disbursed . 
Statutory Allegations 
7 . 
From at l east in or about March 2020 to the present , 
in the Southern District of New York and elsewhere , APOCALYPSE 
BELLA, a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a "Mack," and 
AMOS MUNDENDI , a/k/a "Mos , " a/k/a "El Ashile Mundi ," the 
defendants , together with others known and unknown , willfully 
and knowingly combined , conspired , confederated , and agreed 
4 
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together and with each other to commit an offense against the 
United States and to defraud the United States and an agency 
thereof , to wit , the SBA, in violation of Title 18 , United 
States Code , Sect i ons 1031 and 2 . 
8 . 
It was a part and an object of the conspiracy that 
APOCALYPSE BELLA, a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a 
"Mack," and AMOS MUNDENDI , a/k/a "Mos ," a/k/a " El Ashile Mundi," 
the defendants , together with others known and unknown , 
willful l y and knowingly would and did execute and attempt to 
execute , a scheme and artifice with t he intent to defraud the 
United States, and to obtain money and property by means of 
false and fraudulent pretenses , representations , and promises , 
in a grant , contract , subcontract , subsidy, loan, guarantee , 
insurance , and other form of Federal assistance , including 
through an economic stimulus, recovery and rescue plan provided 
by the Government , the value of which was $1,000 , 000 and more , 
to wit, BELLA, TOUSSAINT , and MUNDENDI engaged in a scheme to 
obtain at least approximately $14 million in Government -
guaranteed loans for various companies , including Company-1 and 
Company-2, by means of false and fraudulent pretenses , 
representations , and documents , through the PPP of the SBA, 
designed to provide relief to small businesses during the novel 
coronavirus/COVID-1 9 pandemic . 
5 
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9 . 
It was a further part and an object of the conspiracy 
that APOCALYPSE BELLA, a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , 
a/k/a " Mack," and AMOS MUNDENDI , a/k/a "Mos ," a/k/a "El Ashi le 
Mundi ," the defendants , together with others known and unknown , 
willfully and knowingly would and did defraud the United States , 
and an agency thereof , to wit , BELLA, TOUSSAINT , and MUNDENDI 
engaged in a scheme to obtain at least approximately $14 million 
in Government - guaranteed loans for various companies , including 
Company- 1 and Company- 2 , by means of false and fraudulent 
pretenses , representations , and documents , through the SBA' s 
Payment Protection Program . 
Overt Acts 
10 . 
In furtherance of the conspiracy and to effect the 
illegal objects thereof , APOCALYPSE BELLA, a/k/a " Dias Yumba," 
MACKENZY TOUSSAINT , a/k/a "Mack," and AMOS MUNDENDI , a/k/a 
"Mos ," a/k/a " El Ashile Mundi ," the defendants , and others known 
and unknown , committed the following overt acts , among others , 
in the Southern District of New York and elsewhere : 
a . 
In or about July 2020 , a co- conspirator not named 
herein (" CC- 1" ) , who was located in the Southern District of New 
York and acts as an agent of both Company-1 and Company- 2 , 
caused a total of approximately $729 , 550 in proceeds from 
fraudulently procured PPP loans to be transferred to a bank 
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account controlled by BELLA from a bank account located in the 
Southern District of New York . 
b . 
In or about August 2020 , CC-1 , who was located in 
the Southern District of New York , caused a total of 
approximately $138 , 000 in proceeds from fraudulently procured 
PPP loans to be transferred to an account controlled by 
TOUSSAINT from a bank account located in the Southern District 
of New York . 
c. 
In or about February 2021 and March 2021 , 
MUNDENDI communicated with CC-1 , who was located in the Southern 
District of New York , and caused to be prepared a fraudulent PPP 
application for Company- 2 , which was transmitted to CC- 1 . 
(Title 18 , United States Code , Section 371) . 
COUNT TWO 
(Major Fraud Against the United States) 
The Grand Jury further charges: 
11 . 
The allegations set forth in paragraphs 1 to 6 are 
repeated and realleged , and incorporated by reference as if 
fully set forth herein . 
12 . 
From at least in or about March 2020 to the present , 
in the Southern District of New York and elsewhere , APOCALYPSE 
BELLA, a/k/a "Dias Yumba ," MACKENZY TOUSSAINT , a/k/a "Mack, " and 
AMOS MUNDENDI, a/k/a "Mos , " a/k/a "El Ashile Mundi ," the 
defendants , willfully and knowingly executed , and attempted to 
execute , a scheme and artifice with the intent to defraud the 
7 
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United States , and to obtain money and property by means of 
false and fraudulent pretenses , representations , and promises , 
in a grant , contract , subcontract , subsidy , loan , guarantee , 
insurance , and other form of Federal assistance , including 
through an economic stimulus , recovery and rescue plan provi ded 
by the Government , the value of which was $1 , 000 , 000 and more , 
to wit , BELLA, TOUSSAINT , AND MUNDENDI engaged in a scheme to 
obtain at least approximately $14 million in Government-
guaranteed loans by means of false and fraudulent pretenses , 
representations , and documents , including for Company- 1 and 
Company- 2 , through the PPP . 
(Title 18 , United States Code , Sect i ons 1031 and 2 . ) 
COUNT THREE 
(Wire Fraud Conspiracy) 
The Grand Jury further charges : 
13 . 
The allegations set forth in paragraphs 1 to 6 are 
repeated and realleged , and incorporated by reference as if 
fully set forth herein. 
14 . 
From at least in or about March 2020 through at least 
in or about May 2020 , in the Southern District of New York and 
elsewhere , APOCALYPSE BELLA, a/k/a "Dias Yumba ," MACKENZY 
TOUSSAINT , a/k/a " Mack," and AMOS MUNDENDI, a/k/a "Mos ," a/k/a 
"El Ashile Mundi ," the defendants , and others known and unknown , 
willfully and knowingly did combine , conspire , confederate , and 
8 
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agree toget her and with each other to commit wire fraud , in 
violation of Title 18 , United States Code , Section 1343 . 
15 . 
I t was a part a nd an object of the conspiracy that 
APOCALYPSE BELLA, a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a 
"Mack," and AMOS MUNDENDI , a/k/a "Mos ," a/k/a " El Ashile Mundi ," 
the defendants , and others known and unknown , willfully and 
knowingly , having devised and intending to devise a scheme and 
artifice to defraud, and for obtai ning money and property by 
means of false and fraudulent pretenses , representations , and 
promises , transmi tted and caused to be transmitted by means of 
wire , radio ,· and television communication in interstate and 
foreign commerce , writings , signs , signals , pictures , and 
sounds , for the purpose of executing such scheme and artifice , 
to wit , BELLA , TOUSSAINT , AND MUNDENDI engaged in a scheme to 
obtain at least approximately $14 million in Government-
guaranteed loans by means of false and fraudulent pretenses , 
representations , and documents , including Company- 1 and Company-
2 , through the PPP , including the online submission of PPP loan 
applications transmitted from the Southern District of New York . 
(Title 18 , United States Code , Sections 1349 and 2 . ) 
9 
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COUNT FOUR 
(Wire Fraud) 
The Grand Jury further charges : 
16 . 
The allegations set forth in paragraphs 1 to 6 are 
repeated and realleged , and incorporated by reference as if 
fully set forth herein . 
17 . 
From at least in or about March 2020 to the present , 
in the Southern District of New York and elsewhere , APOCALYPSE 
BELLA, a/k/a "Dias Yumba ," MACKENZY TOUSSAINT , a/k/a "Mack," and 
AMOS MUNDENDI , a/k/a "Mos ," a/k/a "El Ashile Mundi ," the 
defendants , willfully and knowingly , having devised and 
intending to devise a scheme and artifice to defraud , and for 
obtaining money and property by means of false and fraudulent 
pretenses , representations , and promises , transmitted and caused 
to be transmitted by means of wire , radio , and television 
communication in interstate and -foreign commerce , writings , 
signs , signals , pictures , and sounds, for the purpose of 
executing such scheme and artifice , to wit, BELLA, TOUSSAINT , 
AND MUNDENDI engaged in a scheme to obtain at least 
approximately $14 million in Government - guaranteed loans by 
means of false and fraudulent pretenses , representations , and 
documents , including for Company- 1 and Company-2 , through the 
PPP , for which fraudulent PPP loan applications were accessed 
online from the Southern District of New York . 
10 
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(Title 18 , United States Code , Sections 1343 and 2.) 
FORFEITURE ALLEGATIONS 
18 . 
As the result of committing the offenses charged in 
Counts Three and Four of this Indictment , APOCALYPSE BELLA, 
a/k/a "Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack," and AMOS 
MUNDENDI , a/k/a "Mos ," a/k/a " El Ashile Mundi ," the defendants, 
shall forfeit to the United States , pursuant to Title 18 , United 
States Code , Section 981 (a) (1) (C) and Title 28 United States 
Code , Section 2461(c) , any and all property , real and personal , 
that constitutes , or is derived from , proceeds traceable to the 
commiss i on of said offenses , including but not limited to a sum 
of money in United States currency representing the amount of 
proceeds traceable to the commission of said offenses . 
Substitute Assets Provision 
19 . If any of the above - described forfeitable property , as 
a result of any act or omission of the defendants : 
a . 
cannot be located upon the exercise of due 
diligence ; 
b. 
has been transferred or sold to , or deposited 
with , a third person ; 
c. 
has been placed beyond the jurisdiction of the 
Court ; 
d. 
has been substantially diminished in value ; or 
e . 
has been commingled with other property which 
cannot be subdivided without difficulty ; 
11 
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it is the intent of the United States , pursuant to Title 21 , 
United States Code , Section 853(p) , and Title 28 , United States 
Code , Section 2461(c) , to seek forfeiture of any other property 
of the defendants up to the value of the forfeitable property 
described above . 
(Title 18 , United States Code , Section 981 ; 
Title 21 , United States Code , Section 853 ; and 
Title 28 , United States Code , Section 2461 . ) 
12 
RAUSS 
ffe 
l 
tates Attorney 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
UNITED STATES OF AMERICA 
v. 
APOCALYPSE BELLA, a/k/a "Dias Yumba," 
MACKENZY TOUSSAINT , a/k/a "Mack," and 
AMOS MUNDENDI, a/k/a "Mos , " a/k/a "El Ashile 
Mundi," 
Defendants . 
SEALED INDICTMENT 
21 Cr . 
( 18 U. S . C. §§ 3 71 , 10 31 , 13 4 3, 13 4 9 and 2 . ) 
AUDREY STRAUSS 
United States Attorney 
A TRUE BILL 
LA)o r (of\+ s 
)-w~cr"' Gflv i//1y/,z/ 
rJ(_ 
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