Court filing
Exhibit 4 — USA v. Lorquet (Dkt. 29.4)
Filed January 2, 2023 in USA v. Lorquet; one of 145 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-01-02 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 29-4 · 2023-01-02 · Docket on CourtListener
Full text
CasePM1:22-cr-20326-KMM
6/3/22, 3:04 Document 29-4 Entered on FLSD Docket 01/02/2023 Page 1 of 34
Plato
Y (/yoda/clientid/954053) S
(https://skywalker.bluevine.com/client/954053) User: AJI Clark Bathtub
Refinishing (ajiclarkbathtub@gmail.com)
Approve Client Suspend Client Deactivate Client Client Defaulted Full Notification: false Flags: User Requests:
Tasks: SalesForce ALL TL ELIGIBLE
ID Status Approved Credit Invoice Service First login Life Time Value
c954053 APPROVED $0 6/25/2020 19:33 $0
Factoring Credit
(/rey/clients/954053)
In Buyout Process Advanced Credit Line Last login Last Refresh
Business Name false $0 $0 12/29/2021 09:34
Invoices Imported
AJI Clark Bathtub Status By
DDA Product Flex Credit Line Instant Draws Manual Invoices
Refinishing system@bluevine.com
Status $0 Status
Authorised Person Lead Source
Client Tier DISABLED
Full Name User Account Type Onboarding Stage Unknown
standard
Gabriel Clark PPP CRB First ppp_manual
Active Products:
Account Manager Status Updated
PPP
6/27/2020 18:44
Underwriter Account Activated
PPP - Latest
Application Status YES
NEW_SBA_PPP_SECOND_DRAW_APPLICATION
- DECLINED
Full Details () Summary () SBA () PPP () PPP Calculator () Terms Configuration () Client Pricing () Email Settings ()
Bank Accounts () Analyst Editable Attributes () Back Office Editable Attributes () User Files () Experian () Credit Report () Mitek Verification ()
User Events () User Deals () User Invoices () User Debtors () Verification () Reported Debtors () User Repayments ()
Revisions of client invoice service provider details () Imported details vs. collected details () Information Validation () Socure - Information Validation ()
Socure Watchlist Information () Giact Account Verification () Email Age () Social Networks () Change Requests () Business Requests ()
Vendor Portals () Whois Domain () Whois IP () Bizapedia () Bank Data () Liens () TLO () TLO Ver2 () Yodlee () Abbyy ()
AbbyyCloud () MedValue () Ocrolus () Beneficial Owners () Exceptions () DDA Eligibility () Payees () Payments () Credit Cards ()
Bill Pay Config () BankTransfers () Checks () Deposit Accounts () MFA () Plaid () Abbyy Tax 941 () LN Instant Id Business ()
Threat Metrix Search () Sentilink () Ekata ()
Business Personal
Name AJI Clark Bathtub Refinishing First Name Gabriel
Legal Name empty Last Name Clark
Industry - self empty Address State Florida
reported Address City Homestead
Industry - Risk empty Address Zip 33032
Industry - DDA utilities Address
Self Reported
Business NAICS 221118 Address Extra empty
code DOB -
21-February-1991
Annual Revenue $955152
https://analyst.bluevine.com:9000/users/954053 1/4
CasePM1:22-cr-20326-KMM
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Plato
LexisNexis Result empty Business Email empty
Trade Name (DBA) empty Driver's License empty
Description empty Number
Address State Florida Driver's License empty
State
Address City Homestead
Personal Social
Address Zip 33032
Security Number
Address 12831 Southwest 248th Terrace,
Mobile Phone empty
Homestead, FL, 33032
Incorporated State Florida Authorised empty
Person Mobile
Business Phone 7867029733
Phone
Web Site empty
Has Additional No
EIN/Tax ID Owners?
User Entered Additional Owners
EIN/Tax ID Count
Your Typical Both Businesses and Consumers Additional email empty
Customers for notifications
Business Type Limited Liability Company (LLC)
Primary Phone empty
Authorised 7867029733
Person Work
Phone
Invoice payment
terms
Existing financing none
MFA Phone
number
Ownership 100.00000
Percentage
Email(s) for
Payments
Have you applied false
for a PPP loan
with a different
lender?
If you applied with false
a different lender,
was it within the
past seven days?
Partner Referral Tracking Banking
Partner ID 0000536 Bank Name empty
Qbf campaign id Lien false
from url Lien Description
Partner Sub ID Reviewed Bank empty
Partner Name BlueVine Name
No direct offer for false Reviewed Last 4 empty
ISO client? digits
Partner Submit false
Application
Is ISO Lead? false
Intuit Loan App ID
(funding code)
Is TL Buy Sell false
Rate Enabled
Lead Sales Rep
Name
Lead Sales Rep
Email
https://analyst.bluevine.com:9000/users/954053 2/4
CasePM1:22-cr-20326-KMM
6/3/22, 3:04 Document 29-4 Entered on FLSD Docket 01/02/2023 Page 3 of 34
Plato
Partner Portal System
Enable Portal Not Enabled ID c954053
Access Slug ac68ec5ef3db4464bc3fbb184fd51ff1
User Login Email ajiclarkbathtub@gmail.com
Authorised Gabriel Clark
Person Full Name
Authorised ajiclarkbathtub@gmail.com
Person Email
Authorised empty
Person Title
Acquisition DIRECT
Channel
Referral Partner
Desired Credit 1
Line (chosen at
signup)
Registration sba_ppp_crb
Financing Type
Flex 12 Enabled false
Payment Due Date 5
Flex 12 Approved
Minimum Draw $500
(Flex Credit)
Life Time Value $0
Minimum weeks 1
left for invoice due
date
Maximum weeks 13
left for invoice due
date
Minimum Invoice $500
Amount
Due Date 0
Extension Value
BVDD Factoring false
Cap
Completed Wizard true
Is Test User? false
Settings Updated 6/27/2020 13:45
Invoice Provider
Status APPROVED
Last Login 12/29/2021 09:34
Created 6/25/2020 19:33
Is Authorized true
Person?
Authorised true
Person Email
Verified?
Setting Tags ["new_user"]
Title Owner
Is Client? true
Login Enabled
Tags ["individual_guarantee","bank_details","obtain_credit_re
Parameter File GLOBAL_01012014
Lockbox Los Angeles
Terms STANDARD_06012014
https://analyst.bluevine.com:9000/users/954053 3/4
CasePM1:22-cr-20326-KMM
6/3/22, 3:04 Document 29-4 Entered on FLSD Docket 01/02/2023 Page 4 of 34
Plato
QuickBooks
Service Access
Token
Xero Service
Access Token
FreshBooks
Service Access
Token
Sign up Url https://www.bluevine.com/
Inactive reason
Is Yodlee
Enabled?
Yodlee accounts []
import status
Yodlee accounts
import date
Client Tier standard
Registration funds
use
Referral code: empty
Created by phone no
onboarding:
Created by:
sales prequalified:
sales prequalified
reason:
Plaid Enabled? true
Is Coastal Debug false
Enabled
Is Multiple false
Account Enabled
© Bluevine Capital Inc.
https://analyst.bluevine.com:9000/users/954053 4/4
CasePM1:22-cr-20326-KMM
6/3/22, 3:04 Document 29-4 Entered on FLSD Docket 01/02/2023 Page 5 of 34
Plato
Y(/yoda/clientid/954053) S (https://skywalker.bluevine.com/client/954053)
User: AJI Clark Bathtub Refinishing (ajiclarkbathtub@gmail.com)
Approve Client Suspend Client Deactivate Client Client Defaulted Full Notification: false Flags: User Requests: Tasks:
SalesForce ALL TL ELIGIBLE
ID Status Approved Credit Invoice Service First login Life Time Value
c954053 APPROVED $0 6/25/2020 19:33 $0
Factoring Credit Line
(/rey/clients/954053)
In Buyout Process Advanced Credit $0 Last login Last Refresh
Business Name false $0 12/29/2021 09:34
Flex Credit Line Invoices Imported
AJI Clark Bathtub Status By
DDA Product Status $0 Instant Draws Status Manual Invoices
Refinishing system@bluevine.com
DISABLED
Authorised Person User Account Type Onboarding Stage Lead Source
Client Tier
Full Name PPP CRB First ppp_manual Unknown
standard
Gabriel Clark Status Updated
Active Products: PPP
Account Manager 6/27/2020 18:44
Account Activated
Underwriter PPP - Latest
Application Status YES
NEW_SBA_PPP_SECOND_DRAW_APPLICATION
- DECLINED
Full Details () Summary () SBA () PPP () PPP Calculator () Terms Configuration () Client Pricing () Email Settings () Bank Accounts ()
Analyst Editable Attributes () Back Office Editable Attributes () User Files () Experian () Credit Report () Mitek Verification () User Events () User Deals ()
User Invoices () User Debtors () Verification () Reported Debtors () User Repayments () Revisions of client invoice service provider details ()
Imported details vs. collected details () Information Validation () Socure - Information Validation () Socure Watchlist Information () Giact Account Verification ()
Email Age () Social Networks () Change Requests () Business Requests () Vendor Portals () Whois Domain () Whois IP () Bizapedia () Bank Data ()
Liens () TLO () TLO Ver2 () Yodlee () Abbyy () AbbyyCloud () MedValue () Ocrolus () Beneficial Owners () Exceptions () DDA Eligibility ()
Payees () Payments () Credit Cards () Bill Pay Config () BankTransfers () Checks () Deposit Accounts () MFA () Plaid () Abbyy Tax 941 ()
LN Instant Id Business () Threat Metrix Search () Sentilink () Ekata ()
Search... 100 Prev 1 Next
Deleted (any) Active (any)
3
Routing Routing Status way
Is Is Bank Beneficiary Number Number Account Intermediary Account 3 way call
id Source Primary Funding Repayment Active Name Name (ACH) (wire) Number Bank Type call notes
789653 Client Primary Yes Wells (empty) 063107513 121000248 2 (empty) Unknown
Fargo
add Bank Name _________ _________ _________________
© Bluevine Capital Inc.
https://analyst.bluevine.com:9000/users/954053 1/1
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 6 of 34
Form 940 for 2019: Employer's Annual Federal Unemployment (FUTA) Tax Return
Department of the Treasury — Internal Revenue Service
850113
OMB No. 1545-0028
Employer identification number
(EIN)
8 1 — 6 7 5 4 3 Type of Return
(Check all that apply.)
Name (not your trade name) AJI Clark Bathtub Refinishing LLC a. Amended
Trade name (if any) b. Successor employer
c. No payments to employees in
2019
Address 12831 SW 248th Ter
d. Final: Business closed or
Number Street Suite or room number
stopped paying wages
Go to www.irs.gov/Form940 for
Homstead FL 33032 instructions and the latest information.
City State ZIP code
Foreign country name Foreign province/county Foreign postal code
Read the separate instructions before you complete this form. Please type or print within the boxes.
Part 1: Tell us about your return. If any line does NOT apply, leave it blank. See instructions before completing Part 1.
1a If you had to pay state unemployment tax in one state only, enter the state abbreviation . 1a F L
1b If you had to pay state unemployment tax in more than one state, you are a multi-state Check here.
employer . . . . . . . . . . . . . . . . . . . . . . . . . . . 1b Complete Schedule A (Form 940).
2 If you paid wages in a state that is subject to CREDIT REDUCTION . . . . . . . . 2 Check here.
Complete Schedule A (Form 940).
Part 2: Determine your FUTA tax before adjustments. If any line does NOT apply, leave it blank.
3 Total payments to all employees . . . . . . . . . . . . . . . . . . . 3 955152 . 00
4 Payments exempt from FUTA tax . . . . . . . 4 00 . 00
Check all that apply: 4a Fringe benefits 4c Retirement/Pension 4e Other
4b Group-term life insurance 4d Dependent care
5 Total of payments made to each employee in excess of
$7,000 . . . . . . . . . . . . . . . . 5 941152 . 00
6 Subtotal (line 4 + line 5 = line 6) . . . . . . . . . . . . . . . . . . . . 6 941152 . 00
7 Total taxable FUTA wages (line 3 – line 6 = line 7). See instructions . . . . . . . . . 7 14000 . 00
8 FUTA tax before adjustments (line 7 x 0.006 = line 8) . . . . . . . . . . . . . 8 84 . 00
Part 3: Determine your adjustments. If any line does NOT apply, leave it blank.
9 If ALL of the taxable FUTA wages you paid were excluded from state unemployment tax,
multiply line 7 by 0.054 (line 7 × 0.054 = line 9). Go to line 12 . . . . . . . . . . 9 00 . 00
10 If SOME of the taxable FUTA wages you paid were excluded from state unemployment tax,
OR you paid ANY state unemployment tax late (after the due date for filing Form 940),
complete the worksheet in the instructions. Enter the amount from line 7 of the worksheet . . 10 00 . 00
11 If credit reduction applies, enter the total from Schedule A (Form 940) . . . . . . . 11 00 . 00
Part 4: Determine your FUTA tax and balance due or overpayment. If any line does NOT apply, leave it blank.
12 Total FUTA tax after adjustments (lines 8 + 9 + 10 + 11 = line 12) . . . . . . . . . 12 84 . 00
13 FUTA tax deposited for the year, including any overpayment applied from a prior year . 13 00 . 00
14 Balance due. If line 12 is more than line 13, enter the excess on line 14.
• If line 14 is more than $500, you must deposit your tax.
• If line 14 is $500 or less, you may pay with this return. See instructions . . . . . . . 14 00 . 00
15 Overpayment. If line 13 is more than line 12, enter the excess on line 15 and check a box below 15 00 . 00
a You MUST complete both pages of this form and SIGN it. Check one: Apply to next return. Send a refund.
Next Na
For Privacy Act and Paperwork Reduction Act Notice, see the back of the Payment Voucher. Cat. No. 11234O Form 940 (2019)
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 7 of 34
850212
Name (not your trade name) Employer identification number (EIN)
AJI Clark Bathtub Refinishing LLC 81-1667543
Part 5: Report your FUTA tax liability by quarter only if line 12 is more than $500. If not, go to Part 6.
16 Report the amount of your FUTA tax liability for each quarter; do NOT enter the amount you deposited. If you had no liability for
a quarter, leave the line blank.
16a 1st quarter (January 1 – March 31) . . . . . . . . . 16a 00 . 00
16b 2nd quarter (April 1 – June 30) . . . . . . . . . . 16b 00 . 00
16c 3rd quarter (July 1 – September 30) . . . . . . . . 16c 00 . 00
16d 4th quarter (October 1 – December 31) . . . . . . . 16d 00 . 00
17 Total tax liability for the year (lines 16a + 16b + 16c + 16d = line 17) 17 00 . 00 Total must equal line 12.
Part 6: May we speak with your third-party designee?
Do you want to allow an employee, a paid tax preparer, or another person to discuss this return with the IRS? See the instructions
for details.
Yes. Designee's name and phone number
Select a 5-digit Personal Identification Number (PIN) to use when talking to IRS
No.
Part 7: Sign here. You MUST complete both pages of this form and SIGN it.
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the
best of my knowledge and belief, it is true, correct, and complete, and that no part of any payment made to a state unemployment
fund claimed as a credit was, or is to be, deducted from the payments made to employees. Declaration of preparer (other than
taxpayer) is based on all information of which preparer has any knowledge.
1
G Clark
Print your
Sign your
name here
name here
Print your
title here
Gabriel Clark
Owner
786-702-9733
Date 062/ 27 4/ 2020 3 Best daytime phone
Paid Preparer Use Only Check if you are self-employed
Preparer's name PTIN
Preparer's
signature Date / /
Firm's name (or yours
if self-employed) EIN
Address Phone
City State ZIP code
Page 2 Form 940 (2019)
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 8 of 34
Summary of Comments on 2019 Form 940
Page: 2
Number: 1 Author: iPhone Date: 6/27/2020 3:47:46 PM -04'00'
G Clark
Number: 2 Author: iPhone Date: 6/27/2020 3:48:37 PM -04'00'
06
Number: 3 Author: iPhone Date: 6/27/2020 3:49:05 PM -04'00'
2020
Number: 4 Author: iPhone Date: 6/27/2020 3:49:46 PM -04'00'
27
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 9 of 34
Form 940-V,
Payment Voucher
Purpose of Form Specific Instructions
Complete Form 940-V if you’re making a payment with Box 1—Employer Identification Number (EIN). If you
Form 940. We will use the completed voucher to credit don’t have an EIN, you may apply for one online by
your payment more promptly and accurately, and to visiting the IRS website at www.irs.gov/EIN. You may also
improve our service to you. apply for an EIN by faxing or mailing Form SS-4 to the
IRS. If you haven’t received your EIN by the due date of
Making Payments With Form 940 Form 940, write “Applied For” and the date you applied in
To avoid a penalty, make your payment with your 2019 this entry space.
Form 940 only if your FUTA tax for the fourth quarter Box 2—Amount paid. Enter the amount paid with
(plus any undeposited amounts from earlier quarters) is Form 940.
$500 or less. If your total FUTA tax after adjustments
(Form 940, line 12) is more than $500, you must make Box 3—Name and address. Enter your name and
deposits by electronic funds transfer. See When Must address as shown on Form 940.
You Deposit Your FUTA Tax? in the Instructions for Form • Enclose your check or money order made payable to
940. Also see sections 11 and 14 of Pub. 15 for more “United States Treasury.” Be sure to enter your EIN,
information about deposits. “Form 940,” and “2019” on your check or money order.
Don’t send cash. Don’t staple Form 940-V or your
Use Form 940-V when making any payment with
F
!
CAUTION
Form 940. However, if you pay an amount with
Form 940 that should’ve been deposited, you
payment to Form 940 (or to each other).
• Detach Form 940-V and send it with your payment and
Form 940 to the address provided in the Instructions for
may be subject to a penalty. See Deposit
Penalties in section 11 of Pub. 15. Form 940.
Note: You must also complete the entity information
above Part 1 on Form 940.
d Detach Here and Mail With Your Payment and Form 940. d
Form 940-V Payment Voucher OMB No. 1545-0028
Department of the Treasury
Internal Revenue Service
a Don't staple or attach this voucher to your payment. 2019
1 Enter your employer identification number (EIN). 2 Dollars Cents
Enter the amount of your payment. a
Make your check or money order payable to “United States Treasury”
3 Enter your business name (individual name if sole proprietor).
Enter your address.
Enter your city, state, and ZIP code or your city, foreign country name, foreign province/county, and foreign postal code.
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 10 of 34
Form 940 (2019)
Privacy Act and Paperwork Reduction Act Notice. your tax information to the Department of Justice for civil
We ask for the information on this form to carry out the and criminal litigation, and to cities, states, the District of
Internal Revenue laws of the United States. We need it Columbia, and U.S. commonwealths and possessions to
to figure and collect the right amount of tax. Chapter administer their tax laws. We may also disclose this
23, Federal Unemployment Tax Act, of Subtitle C, information to other countries under a tax treaty, to
Employment Taxes, of the Internal Revenue Code federal and state agencies to enforce federal nontax
imposes a tax on employers with respect to employees. criminal laws, or to federal law enforcement and
This form is used to determine the amount of the tax that intelligence agencies to combat terrorism.
you owe. Section 6011 requires you to provide the The time needed to complete and file this form will vary
requested information if you are liable for FUTA tax under depending on individual circumstances. The estimated
section 3301. Section 6109 requires you to provide your average time is:
identification number. If you fail to provide this
information in a timely manner or provide a false or Recordkeeping . . . . . . . . . . 9 hr., 19 min.
fraudulent form, you may be subject to penalties. Learning about the law or the form . . 1 hr., 23 min.
You’re not required to provide the information Preparing, copying, assembling, and
requested on a form that is subject to the Paperwork sending the form to the IRS . . . . . 1 hr., 36 min.
Reduction Act unless the form displays a valid OMB
If you have comments concerning the accuracy of
control number. Books and records relating to a form or
these time estimates or suggestions for making
instructions must be retained as long as their contents
Form 940 simpler, we would be happy to hear from
may become material in the administration of any Internal
you. You can send us comments from
Revenue law.
www.irs.gov/FormComments. Or you can send your
Generally, tax returns and return information are comments to Internal Revenue Service, Tax Forms and
confidential, as required by section 6103. However, Publications Division, 1111 Constitution Ave. NW,
section 6103 allows or requires the IRS to disclose or IR-6526, Washington, DC 20224. Don’t send Form 940 to
give the information shown on your tax return to others this address. Instead, see Where Do You File? in the
as described in the Code. For example, we may disclose Instructions for Form 940.
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 11 of 34
Wells Fargo Business Choice Checking
February 29, 2020 ■ Page 1 of 4
Questions?
AJI CLARK BATHTUB REFINISHING LLC Available by phone 24 hours a day, 7 days a week:
Telecommunications Relay Services calls accepted
12831 SW 248TH TER
HOMESTEAD FL 33032-9084 1-800-CALL-WELLS (1-800-225-5935)
TTY: 1-800-877-4833
En español: 1-877-337-7454
Online: wellsfargo.com/biz
Write: Wells Fargo Bank, N.A. (287)
P.O. Box 6995
Portland, OR 97228-6995
Your Business and Wells Fargo Account options
Visit wellsfargoworks.com to explore videos, articles, infographics, interactive A check mark in the box indicates you have these convenient
services with your account(s). Go to wellsfargo.com/biz or
tools, and other resources on the topics of business growth, credit, cash flow
call the number above if you have questions or if you would
management, business planning, technology, marketing, and more.
like to add new services.
Business Online Banking ✓
Online Statements ✓
Business Bill Pay ✓
Business Spending Report ✓
Overdraft Protection
Activity summary Account number:
Beginning balance on 2/1 $4,257.11 AJI CLARK BATHTUB REFINISHING LLC
Deposits/Credits 635.00 Florida account terms and conditions apply
Withdrawals/Debits - 4,681.07 For Direct Deposit use
Routing Number (RTN): 063107513
Ending balance on 2/29 $211.04
For Wire Transfers use
Average ledger balance this period $1,022.01 Routing Number (RTN): 121000248
Overdraft Protection
This account is not currently covered by Overdraft Protection. If you would like more information regarding Overdraft Protection and eligibility requirements
please call the number listed on your statement or visit your Wells Fargo store.
(287)
Sheet Seq = 0238324
Sheet 00001 of 00002
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 12 of 34
February 29, 2020 ■ Page 2 of 4
Transaction history
Check Deposits/ Withdrawals/ Ending daily
Date Number Description Credits Debits balance
2/3 Purchase authorized on 01/31 Pp*Princetonian By 888-7226669 45.95
NC S380032119219621 Card 4800
2/3 Purchase authorized on 01/31 Pp*Princetonian By 888-7226669 45.95
NC S580032120863566 Card 4800
2/3 Purchase authorized on 01/31 Exeter Auto Rec 20 800-321-9637 132.38
TX S460032121566223 Card 4800
2/3 Purchase authorized on 02/01 Raceway 6717 3256 Jacksonville 11.75
FL S460032553959157 Card 4800
2/3 Newrez-Shellpoin ACH Pmt 200131 0578505591 Perez Clark 1,659.02 2,362.06
Gabriel
2/4 Purchase authorized on 02/02 Uber Trip Help.Uber.Com CA 14.15
S580034002888641 Card 4800
2/4 Purchase authorized on 02/03 Cash App*Yohima Aj 8774174551 40.00
CA S380034656140275 Card 4800
2/4 Fpl Direct Debit Elec Pymt 02/20 2320894211 Ppda Yohima Aji 117.28 2,190.63
2/5 Purchase authorized on 02/03 Cash App*Leyane Ro 8774174551 230.00 1,960.63
CA S580035150460145 Card 4800
2/7 Purchase authorized on 02/06 Midwest Chemicals Orlando FL 124.13
S460037687069714 Card 4800
2/7 Purchase authorized on 02/07 Chevron/Princeton Chevr 17.01
Homestead FL P00580038600584923 Card 4800
2/7 Discover E-Payment 200207 7093 Perez Gabriel 829.59 989.90
2/10 Transfer From Perez Gustavo on 02/08 Ref # Pp07M229F6 300.00
2/10 Transfer From Perez Gustavo on 02/08 Ref # Pp07M3K3Jl 125.00
2/10 Purchase authorized on 02/07 Immitranslate Httpsimmitran MD 65.00
S580038747465374 Card 4800
2/10 Zelle to Sena Silquiel on 02/10 Ref #Rp07Mbsgpj 70.00
2/10 Banco Do Brasil VISA Pay 020720 691051021000939 Aji,Yohima 11.13 1,268.77
2/11 Purchase authorized on 02/10 Cash App*Erick Fon 8774174551 130.00
CA S460041548422064 Card 4800
2/11 Purchase authorized on 02/10 Cash App*Yohima Aj 8774174551 140.00 998.77
CA S460041548655680 Card 4800
2/12 Purchase authorized on 02/11 Ccu-State of MD We 888-248-0345 126.58 872.19
MD S460042580781112 Card 4800
2/18 Recurring Payment authorized on 02/14 Cubamessenger Llam 7.99
Richmodn Hill Can S300046025486076 Card 4800
2/18 Purchase authorized on 02/15 Amzn Mktp US*Gr016 57.99
Amzn.Com/Bill WA S460047074837603 Card 4800
2/18 Purchase authorized on 02/15 Wu *1068035987 877-989-3268 72.79
CA S460047096299299 Card 4800
2/18 Purchase authorized on 02/18 Dollartre 26610 S Dixi Naranja FL 36.40
P00000000432007973 Card 4800
2/18 Purchase authorized on 02/18 Wal-Mart #3935 Naranja FL 92.58 604.44
P00000000881824855 Card 4800
2/19 Purchase authorized on 02/15 Zara.Com/USA 855-6359272 NY 96.09
S380047065830768 Card 4800
2/19 Spr&Ass PA Trust Purchase 200219 62150400 Gabriel Perez Clark 75.00 433.35
2/20 Recurring Payment authorized on 02/17 Vehicle Tag Renew 50.35
866-835-4966 FL S580049187322060 Card 4800
2/20 Purchase authorized on 02/18 Infinity Insurance 800-7821020 AL 260.54 122.46
S580049576380197 Card 4800
2/21 Recurring Payment authorized on 02/20 Netflix.Com Netflix.Com 17.28 105.18
CA S580051480281413 Card 4800
2/24 Purchase authorized on 02/21 Uber Trip Help.Uber.Com CA 3.73
S580052686128998 Card 4800
2/24 Purchase authorized on 02/22 Cubamessenger Llam Richmodn 7.99
Hill Can S300053690480544 Card 4800
2/24 Non-WF ATM Withdrawal authorized on 02/22 178 Cll Dos 21.99
Hermano San Juan Pri 00300054059476909 ATM ID Sb100037
Card 4800
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 13 of 34
February 29, 2020 ■ Page 3 of 4
Transaction history (continued)
Check Deposits/ Withdrawals/ Ending daily
Date Number Description Credits Debits balance
2/24 Non-Wells Fargo ATM Transaction Fee 2.50 68.97
2/25 Purchase authorized on 02/24 Comcast Dade Cs 1x 800-266-2278 67.93 1.04
FL S300055773153728 Card 4800
2/27 Mobile Deposit : Ref Number :013270854288 210.00 211.04
Ending balance on 2/29 211.04
Totals $635.00 $4,681.07
The Ending Daily Balance does not reflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your
transactions posted. If you had insufficient available funds when a transaction posted, fees may have been assessed.
Monthly service fee summary
For a complete list of fees and detailed account information, see the Wells Fargo Account Fee and Information Schedule and Account Agreement applicable to
your account (EasyPay Card Terms and Conditions for prepaid cards) or talk to a banker. Go to wellsfargo.com/feefaq for a link to these documents, and answers
to common monthly service fee questions.
Fee period 02/01/2020 - 02/29/2020 Standard monthly service fee $14.00 You paid $0.00
How to avoid the monthly service fee Minimum required This fee period
Have any ONE of the following account requirements
· Average ledger balance $7,500.00 $1,022.00
· A qualifying transaction from a linked Wells Fargo Merchant Services account 1 0
· Total number of posted debit card purchases or posted debit card payments of 10 25 ✔
bills in any combination
- Enrollment in a linked Direct Pay service through Wells Fargo Business Online 1 0
· Combined balances in linked accounts, which may include $10,000.00
- Average ledger balances in business checking, savings, and time accounts
- Most recent statement balance in eligible Wells Fargo business credit cards and
lines of credit, and combined average daily balances from the previous month
in eligible Wells Fargo business and commercial loans and lines of credit
- For complete details on how you can avoid the monthly service fee based on
your combined balances please refer to page 10 of the Business Account Fee
and Information Schedule at www.wellsfargo.com/biz/fee-information
The Monthly service fee summary fee period ending date shown above includes a Saturday, Sunday, or holiday which are non-business days.
Transactions occurring after the last business day of the month will be included in your next fee period.
WX/WX
Account transaction fees summary
Units Excess Service charge per Total service
Service charge description Units used included units excess units ($) charge ($)
Cash Deposited ($) 0 7,500 0 0.0030 0.00
Transactions 6 200 0 0.50 0.00
Total service charges $0.00
Sheet Seq = 0238325
Sheet 00002 of 00002
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 14 of 34
February 29, 2020 ■ Page 4 of 4
General statement policies for Wells Fargo Bank
■ Notice: Wells Fargo Bank, N.A. may furnish information about accounts You must describe the specific information that is inaccurate or in dispute
belonging to individuals, including sole proprietorships, to consumer and the basis for any dispute with supporting documentation. In the case of
reporting agencies. If this applies to you, you have the right to dispute the information that relates to an identity theft, you will need to provide us with
accuracy of information that we have reported by writing to us at: Overdraft an identity theft report.
Collections and Recovery, P.O. Box 5058, Portland, OR 97208-5058.
Account Balance Calculation Worksheet Number Items Outstanding Amount
1. Use the following worksheet to calculate your overall account balance.
2. Go through your register and mark each check, withdrawal, ATM
transaction, payment, deposit or other credit listed on your statement.
Be sure that your register shows any interest paid into your account and
any service charges, automatic payments or ATM transactions withdrawn
from your account during this statement period.
3. Use the chart to the right to list any deposits, transfers to your account,
outstanding checks, ATM withdrawals, ATM payments or any other
withdrawals (including any from previous months) which are listed in
your register but not shown on your statement.
ENTER
A. The ending balance
shown on your statement . . . . . . . . . . . . . . . . . . . . . .$.
ADD
B. Any deposits listed in your $
register or transfers into $
your account which are not $
shown on your statement. + $
....................................... ...$
TOTAL
CALCULATE THE SUBTOTAL
(Add Parts A and B)
....................................... ...$
TOTAL
SUBTRACT
C. The total outstanding checks and
withdrawals from the chart above . . . . . . . . . . . . . - $
CALCULATE THE ENDING BALANCE
(Part A + Part B - Part C)
This amount should be the same
as the current balance shown in
your check register . . . . . . . . . . . . . . . . . . . . . . . . . . .$. .
Total amount $
©2010 Wells Fargo Bank, N.A. All rights reserved. Member FDIC. NMLSR ID 399801
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Paycheck Protection Program OMB Control No.: 3245-0407
Borrower Application Form Revised June 2020 Expiration Date: 10/31/2020
(
Check One: Sole proprietor Partnership C-Corp S-Corp XLLC DBA or Tradename if Applicable
Independent contractor Eligible self-employed individual
501(c)(3) nonprofit 501(c)(19) veterans organization
Tribal business (sec. 31(b)(2)(C) of Small Business Act) Other
Business Legal Name
AJI Clark Bathtub Refinishing
Business Address Business TIN (EIN, SSN) Business Phone
12831 Southwest 248th Terrace ( ) -
7867029733
Primary Contact Email Address
Homestead FL 33032
Gabriel Clark ajiclarkbathtub@gmail.com
Average Monthly Payroll: $ 79596.00 x 2.5 + EIDL, Net of $ 198990.00 Number of Employees: 10
Advance (if Applicable)
Equals Loan Request:
Purpose of the loan
X Payroll ☐
☐ X Utilities ☐Other (explain): __________________
X Lease / Mortgage Interest ☐
(select more than one):
Applicant Ownership
List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary.
Owner Name Title Ownership % TIN (EIN, SSN) Address
Gabriel Clark Owner 100.00 898462574
If questions (1) or (2) below are answered “Yes,” the loan will not be approved.
Question Yes No
1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible,
voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any ☐ ☐
X
bankruptcy?
2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or ☐ ☐
X
guaranteed loan from SBA or any other Federal agency that is currently delinquent or has defaulted in the last 7 years and
caused a loss to the government?
3. Is the Applicant or any owner of the Applicant an owner of any other business, or have common management with any other ☐ ☐
X
business? If yes, list all such businesses and describe the relationship on a separate sheet identified as addendum A.
4. Has the Applicant received an SBA Economic Injury Disaster Loan between January 31, 2020 and April 3, 2020? If yes, ☐ X
☐
provide details on a separate sheet identified as addendum B.
If questions (5) or (6) are answered “Yes,” the loan will not be approved.
Question Yes No
5. Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant
subject to an indictment, criminal information, arraignment, or other means by which formal criminal charges ☐ ☐
X
are brought in any jurisdiction, or presently incarcerated, or on probation or parole?
Initial here to confirm your response to question 5 →
6. Within the last 5 years, for any felony, has the Applicant (if an individual) or any owner of the Applicant 1)
been convicted; 2) pleaded guilty; 3) pleaded nolo contendere; or 4) been placed on any form of parole or ☐ ☐
X
probation (including probation before judgment)?
Initial here to confirm your response to question 6 →
7. Is the United States the principal place of residence for all employees of the Applicant included in the
Applicant’s payroll calculation above?
☐
X ☐
8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? ☐ ☐
X
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Paycheck Protection Program
Borrower Application Form Revised June 2020
By Signing Below, You Make the Following Representations, Authorizations, and Certifications
CERTIFICATIONS AND AUTHORIZATIONS
I certify that:
• I have read the statements included in this form, including the Statements Required by Law and Executive Orders, and I understand them.
• The Applicant is eligible to receive a loan under the rules in effect at the time this application is submitted that have been issued by the
Small Business Administration (SBA) implementing the Paycheck Protection Program under Division A, Title I of the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act) (the Paycheck Protection Program Rule).
• The Applicant (1) is an independent contractor, eligible self-employed individual, or sole proprietor or (2) employs no more than the
greater of 500 or employees or, if applicable, the size standard in number of employees established by the SBA in 13 C.F.R. 121.201 for
the Applicant’s industry.
• I will comply, whenever applicable, with the civil rights and other limitations in this form.
• All SBA loan proceeds will be used only for business-related purposes as specified in the loan application and consistent with the Paycheck
Protection Program Rule.
• To the extent feasible, I will purchase only American-made equipment and products.
• The Applicant is not engaged in any activity that is illegal under federal, state or local law.
• Any loan received by the Applicant under Section 7(b)(2) of the Small Business Act between January 31, 2020 and April 3, 2020 was for
a purpose other than paying payroll costs and other allowable uses loans under the Paycheck Protection Program Rule.
For Applicants who are individuals: I authorize the SBA to request criminal record information about me from criminal justice agencies for the
purpose of determining my eligibility for programs authorized by the Small Business Act, as amended.
CERTIFICATIONS
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:
The Applicant 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.
Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.
The funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments,
as specified under the Paycheck Protection Program Rule; I understand that if the funds are knowingly used for unauthorized purposes,
the federal government may hold me legally liable, such as for charges of fraud.
The Applicant will provide to the Lender documentation verifying the number of full-time equivalent employees on the Applicant’s payroll
as well as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities for the
24-week period following this loan.
I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered
rent payments, and covered utilities, and not more than 40% of the forgiven amount may be for non-payroll costs.
During the period beginning on February 15, 2020 and ending on December 31, 2020, the Applicant has not and will not receive another
loan under the Paycheck Protection Program.
I further certify that the information provided in this application and the information provided in all supporting documents and forms is
true and accurate in all material respects. I understand that knowingly making a false statement to obtain a guaranteed loan from SBA is
punishable under the law, including under 18 USC 1001 and 3571 by imprisonment of not more than five years and/or a fine of up to
$250,000; under 15 USC 645 by imprisonment of not more than two years and/or a fine of not more than $5,000; and, if submitted to a
federally insured institution, under 18 USC 1014 by imprisonment of not more than thirty years and/or a fine of not more than $1,000,000.
I acknowledge that the lender will confirm the eligible loan amount using required documents submitted. I understand, acknowledge and
agree that the Lender can share any tax information that I have provided with SBA’s authorized representatives, including authorized
representatives of the SBA Office of Inspector General, for the purpose of compliance with SBA Loan Program Requirements and all SBA
reviews.
6/27/2020
_________________________________________________________ ________________________
Signature of Authorized Representative of Applicant Date
Gabriel Clark Owner
Print Name Title
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Paycheck Protection Program
Borrower Application Form Revised June 2020
Purpose of this form:
This form is to be completed by the authorized representative of the Applicant and submitted to your SBA Participating Lender. Submission of the
requested information is required to make a determination regarding eligibility for financial assistance. Failure to submit the information would affect
that determination.
Instructions for completing this form:
With respect to “purpose of the loan,” payroll costs consist of compensation to employees (whose principal place of residence is the United States) in
the form of salary, wages, commissions, or similar compensation; cash tips or the equivalent (based on employer records of past tips or, in the absence
of such records, a reasonable, good-faith employer estimate of such tips); payment for vacation, parental, family, medical, or sick leave; allowance for
separation or dismissal; payment for the provision of employee benefits consisting of group health care coverage, including insurance premiums, and
retirement; payment of state and local taxes assessed on compensation of employees; and for an independent contractor or sole proprietor, wage,
commissions, income, or net earnings from self-employment or similar compensation.
For purposes of calculating “Average Monthly Payroll,” most Applicants will use the average monthly payroll for 2019, excluding costs over $100,000
on an annualized basis for each employee. For seasonal businesses, the Applicant may elect to instead use average monthly payroll for the time period
between February 15, 2019 and June 30, 2019 or any 12-week period between May 1, 2019 and September 15, 2019, excluding costs over $100,000
on an annualized basis for each employee. For new businesses, average monthly payroll may be calculated using the time period from January 1, 2020
to February 29, 2020, excluding costs over $100,000 on an annualized basis for each employee.
If Applicant is refinancing an Economic Injury Disaster Loan (EIDL): Add the outstanding amount of an EIDL made between January 31, 2020 and
April 3, 2020, less the amount of any “advance” under an EIDL COVID-19 loan, to Loan Request as indicated on the form.
All parties listed below are considered owners of the Applicant as defined in 13 CFR § 120.10, as well as “principals”:
• For a sole proprietorship, the sole proprietor;
• For a partnership, all general partners, and all limited partners owning 20% or more of the equity of the firm;
• For a corporation, all owners of 20% or more of the corporation;
• For limited liability companies, all members owning 20% or more of the company; and
• Any Trustor (if the Applicant is owned by a trust).
Paperwork Reduction Act – You are not required to respond to this collection of information unless it displays a currently valid OMB Control
Number. The estimated time for completing this application, including gathering data needed, is 8 minutes. Comments about this time or the information
requested should be sent to: Small Business Administration, Director, Records Management Division, 409 3rd St., SW, Washington DC 20416, and/or
SBA Desk Officer, Office of Management and Budget, New Executive Office Building, Washington DC 20503. PLEASE DO NOT SEND FORMS
TO THESE ADDRESSES.
Privacy Act (5 U.S.C. 552a) – Under the provisions of the Privacy Act, you are not required to provide your social security number. Failure to provide
your social security number may not affect any right, benefit or privilege to which you are entitled. (But see Debt Collection Notice regarding taxpayer
identification number below.) Disclosures of name and other personal identifiers are required to provide SBA with sufficient information to make a
character determination. When evaluating character, SBA considers the person’s integrity, candor, and disposition toward criminal actions.
Additionally, SBA is specifically authorized to verify your criminal history, or lack thereof, pursuant to section 7(a)(1)(B), 15 USC Section 636(a)(1)(B)
of the Small Business Act (the Act).
Disclosure of Information – Requests for information about another party may be denied unless SBA has the written permission of the individual to
release the information to the requestor or unless the information is subject to disclosure under the Freedom of Information Act. The Privacy Act
authorizes SBA to make certain “routine uses” of information protected by that Act. One such routine use is the disclosure of information maintained
in SBA’s system of records when this information indicates a violation or potential violation of law, whether civil, criminal, or administrative in nature.
Specifically, SBA may refer the information to the appropriate agency, whether Federal, State, local or foreign, charged with responsibility for, or
otherwise involved in investigation, prosecution, enforcement or prevention of such violations. Another routine use is disclosure to other Federal
agencies conducting background checks but only to the extent the information is relevant to the requesting agencies' function. See, 74 F.R. 14890
(2009), and as amended from time to time for additional background and other routine uses. In addition, the CARES Act, requires SBA to register
every loan made under the Paycheck Protection Act using the Taxpayer Identification Number (TIN) assigned to the borrower.
Debt Collection Act of 1982, Deficit Reduction Act of 1984 (31 U.S.C. 3701 et seq. and other titles) – SBA must obtain your taxpayer identification
number when you apply for a loan. If you receive a loan, and do not make payments as they come due, SBA may: (1) report the status of your loan(s)
to credit bureaus, (2) hire a collection agency to collect your loan, (3) offset your income tax refund or other amounts due to you from the Federal
Government, (4) suspend or debar you or your company from doing business with the Federal Government, (5) refer your loan to the Department of
Justice, or (6) foreclose on collateral or take other action permitted in the loan instruments.
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Paycheck Protection Program
Borrower Application Form Revised June 2020
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401) – The Right to Financial Privacy Act of 1978, grants SBA access rights to financial records
held by financial institutions that are or have been doing business with you or your business including any financial institutions participating in a loan
or loan guaranty. SBA is only required provide a certificate of its compliance with the Act to a financial institution in connection with its first request
for access to your financial records. SBA's access rights continue for the term of any approved loan guaranty agreement. SBA is also authorized to
transfer to another Government authority any financial records concerning an approved loan or loan guarantee, as necessary to process, service or
foreclose on a loan guaranty or collect on a defaulted loan guaranty.
Freedom of Information Act (5 U.S.C. 552) – Subject to certain exceptions, SBA must supply information reflected in agency files and records to a
person requesting it. Information about approved loans that will be automatically released includes, among other things, statistics on our loan programs
(individual borrowers are not identified in the statistics) and other information such as the names of the borrowers (and their officers, directors,
stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms and the maturity. Proprietary
data on a borrower would not routinely be made available to third parties. All requests under this Act are to be addressed to the nearest SBA office and
be identified as a Freedom of Information request.
Occupational Safety and Health Act (15 U.S.C. 651 et seq.) – The Occupational Safety and Health Administration (OSHA) can require businesses
to modify facilities and procedures to protect employees. Businesses that do not comply may be fined, forced to cease operations, or prevented from
starting operations. Signing this form is certification that the applicant, to the best of its knowledge, is in compliance with the applicable OSHA
requirements, and will remain in compliance during the life of the loan.
Civil Rights (13 C.F.R. 112, 113, 117) – All businesses receiving SBA financial assistance must agree not to discriminate in any business practice,
including employment practices and services to the public on the basis of categories cited in 13 C.F.R., Parts 112, 113, and 117 of SBA Regulations.
All borrowers must display the "Equal Employment Opportunity Poster" prescribed by SBA.
Equal Credit Opportunity Act (15 U.S.C. 1691) – Creditors are prohibited from discriminating against credit applicants on the basis of race, color,
religion, national origin, sex, marital status or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the
applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer
Credit Protection Act.
Debarment and Suspension Executive Order 12549; (2 CFR Part 180 and Part 2700) – By submitting this loan application, you certify that neither
the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or voluntarily excluded
from participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final determination still pending; (c) indicted,
convicted, or had a civil judgment rendered against you for any of the offenses listed in the regulations or (d) delinquent on any amounts owed to the
U.S. Government or its instrumentalities as of the date of execution of this certification.
4
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NOTE
5311208002
SBA Loan #
SBA Loan Name AJI Clark Bathtub Refinishing
6/27/2020
Date
198990.00
Loan Amount
Interest Rate 1% per annum
Borrower
AJI Clark Bathtub Refinishing
Operating N/A
Company
Lender
Cross River Bank
1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
one hundred and ninety-eight thousand nine hundred and ninety dollars
Dollars, interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
“Collateral” means any property taken as security for payment of this Note or any guarantee of this
Note.
“Covered Period” means the period beginning on the date of the origination of the Loan and ending the
earlier of (i) the date that is 24 weeks after such date of origination of the Loan; or (ii) December 31, 2020.
“Deferral Period” means one of the following, as the case may be:
a. If Borrower applies for Loan forgiveness within 10 months after the last day of the Covered Period,
then the Deferral Period is the period from the date of the origination of the Loan until the date on
which the amount, if any, of Loan forgiveness determined under Section 1106 of the CARES Act is
remitted to Lender (for the avoidance of doubt, if the SBA determines that no Loan forgiveness is
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allowed under Section 1106 of the CARES Act, the date that the SBA notifies the Lender that no Loan
forgiveness is allowed shall be the end date of the Deferral Period); or
b. If Borrower does not apply for Loan forgiveness within 10 months after the last day of the Covered
Period, then the Deferral Period is the period from the date of the origination of the Loan until the
date that is 10 months after the last day of such Covered Period.
“Guarantor” means each person or entity that signs a guarantee of payment of this Note.
“Loan” means the loan evidenced by this Note.
“Loan documents” means the documents related to this loan signed by Borrower, any Guarantor, or
anyone who pledges collateral.
“SBA” means the Small Business Administration, an Agency of the United States of America.
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3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
Borrower will pay this loan in accordance with the following payment schedule, which calculates interest on
the unpaid principal balances in the "Interest Calculation Method" paragraph using the interest rates described
in this paragraph:
Commencing on or after the last day of the Deferral Period, during which time interest will continue to accrue,
and after taking into account the amount, if any, of Loan forgiveness determined under Section 1106 of the
CARES Act as approved by SBA, any remaining principal and accrued interest will be payable by Borrower in
accordance with a payment and amortization schedule that provides for equal monthly payments of principal
and interest over what remains of the five (5) year maturity period which commenced on the date of initial
Loan disbursement. Unless otherwise agreed or required by applicable law, payments will be applied first to
any accrued unpaid interest; then to principal; and then to any late charges.
The interest rate on this Note is fixed at the rate of 1.00% per annum.
The interest rate on this Note is computed on a 365/365 basis, that is, by applying the ratio of the interest rate
over the number of days in a year (365 for all years, including leap years), multiplied by the outstanding
principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest
payable under this Note is computed using this method.
Receipt of payments must be made in U.S. dollars and must be received by Lender at:
Cross River Bank
400 Kelby Street, 14th Floor
Fort Lee, NJ 07024
Attention: Loan Servicing Department
Lender may modify these payment instructions, including changing the address for the payments, by providing
updated payment instructions to the Borrower in writing. If a payment is made consistent with Lender's
payment instructions but received after 3:00 PM EST on a business day, Lender will credit the Borrower's
payment on the next business day.
No Prepayment Penalties are to apply.
SBA Provision: When SBA is the holder, this Note will be interpreted and enforced under federal law, including
SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents,
giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal
immunity from state or local control, penalty, tax or liability. As to this Note, Borrower may not claim or assert
against SBA any local or state law to deny any obligation, defeat any clam of SBA, or preempt federal law.
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this
Note, or if Borrower or Operating Company:
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A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender’s satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender
or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to
Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may
materially affect Borrower’s ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
I. Has a receiver or liquidator appointed f for any part of their business or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender
believes may materially affect Borrower’s ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without
Lender’s prior written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect
Borrower’s ability to pay this Note.
5. LENDER’S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without
advertisement.
6. LENDER’S GENERAL POWERS:
Without notice and without Borrower’s consent, Lender may:
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A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it
chooses;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or
any other Loan Document, and preserve or dispose of the Collateral. Among other things,
the expenses may include payments for property taxes, prior liens, insurance, appraisals,
environmental remediation costs, and reasonable attorney’s fees and costs. I If Lender incurs
such expenses, it may demand immediate repayment from Borrower or add the expenses to the
principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including
SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents,
giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive
any federal immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may
not claim o r assert against SBA any local or state law to deny any obligation, defeat any claim
of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender
includes its successors and assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents
and to enable Lender to acquire, perfect, or maintain Lender’s liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any
order it chooses. Lender may delay or forgo enforcing any of its rights without giving
up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written
terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with
this Note, including presentment, demand, protest, and notice of dishonor. Borrower also waives any
defenses based upon any claim that Lender did not obtain any guarantee; did not obtain,
DocuSign Envelope ID: 02425E8F-B985-476B-BFB0-4E68E0AF5E64
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 24 of 34
perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market
value of Collateral at a sale.
DocuSign Envelope ID: 02425E8F-B985-476B-BFB0-4E68E0AF5E64
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 25 of 34
10. STATE-SPECIFIC PROVISIONS:
N/A
BORROWER’S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
AJI Clark Bathtub Refinishing
________________________, Borrower
By: _________________
Name: Gabriel Clark
Title: Owner
DocuSign Envelope ID: 02425E8F-B985-476B-BFB0-4E68E0AF5E64
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 26 of 34
RESOLUTION TO BORROW
Principal Loan Date Maturity Date Loan No Call / Coll Account Officer Initials
$
198990.00 6/27/2020 5311208002 Ido Lustig
References in the boxes above are for Lender’s use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing “***” has been omitted due to text length limitations.
AJI Clark Bathtub Refinishing
Borrower: _______________
12831 Southwest 248th Terrace Lender: Cross River Bank
_______________ 400 Kelby Street,
_______________
Homestead FL 33032 14 th Floor
Fort Lee, NJ 07024
I,THE UNDERSIGNED, DO HEREBY CERTIFY THAT:
THE BORROWER 'S EXISTENCE. The complete and correct name of the borrower is ________________ AJI Clark Bathtub Refinishing
(“Borrower"). The Borrower is a duly
formed entity which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the State
of its organization. The Borrower is duly authorized to transact business in all other states in which the Borrower is doing business, having obtained
all necessary filings, governmental licenses and approvals for each state in which the Borrower is doing business. Specifically, the Borrower is,
and at all times shall be, duly qualified as a foreign entity in all states in which the failure to so qualify would have a material adverse effect on
its business or financial condition. The Borrower has the full power and authority to own its properties and to transact the business in which it is
presently engaged or presently proposes to engage. The Borrower maintains an office at the address set forth above. Unless the Borrower has
designated otherwise in writing, the principal office is the office at which the Borrower keeps its books and records. The Borrower will notify Lender
prior to any change in the location of the Borrower 's state of organization or any change in the Borrower's name. The Borrower shall do all things
necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances,
statutes , orders and decrees of any governmental or quasi-governmental authority or court applicable to the Borrower and the Borrower's business
activities.
RESOLUTIONS ADOPTED. At a meeting of the d irectors or members of the Borrower, or if the Borrower is a close corporation having no
Board of Directors then at a meeting of the Borrower 's shareholders , duly called and held on , at which a quorum was
present and voting, or by other duly authorized action in lieu of a meeting, the resolutions set forth in this Resolution were adopted.
OFFICER. The following named person is an officer of Borrower:
NAMES TITLES AUTHORIZED ACTUAL SIGNATURES
Gabriel Clark
___________ Owner
__________ y
ACTIONS AUTHORIZED. The authorized person listed above may enter into any agreements of any nature with Lender, and those agreements
will bind the Borrower. Specifically, but without limitation, the authorized person is authorized, empowered, and directed to do the following for
and on behalf of the Borrower:
Borrow Money. To borrow, as a cosigner or otherwise, from time to time from Lender, on such terms as may be agreed upon between the
Borrower and Lender, such sum or sums of money as in his or her judgment should be borrowed, without limitation.
Execute Notes. To execute and deliver to Lender the promissory note or notes, or other evidence of the Borrower's credit accommodations,
on Lender's forms, at such rates of interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any of
the Borrower's indebtedness to Lender, and also to execute and deliver to Lender one or more renewals, extensions, modifications, refinancings,
consolidations, or substitutions for one or more of the notes, any portion of the notes, or any other evidence of credit accommodations .
Negotiate Items. To draw, endorse, and discount with Lender all drafts, trade acceptances, promissory notes, or other evidences of
indebtedness payable to or belonging to the Borrower or in which the Borrower may have an interest, and either to receive cash for the same
or to cause such proceeds to be credited to the Borrower's account with Lender, or to cause such other disposition of the proceeds
derived therefrom as he or she may deem advisable.
ASSUMED BUSINESS NAMES. The Borrower has filed or recorded all documents or filings required by law relating to all assumed business
names used by the Borrower. Excluding the name of the Borrower, the following is a complete list of all assumed business names under which
the Borrower does business: ______________.
NOTICES TO LENDER. The Borrower will promptly notify Lender in writing at Lender's address shown above (or such other addresses as
Lender may designate from time to time) prior to any (A) change in the Borrower 's name; (B) change in the Borrower’s assumed business
name(s); (C) change in the management of the Borrower; (D) change in the authorized signer(s); (E) change in the Borrower's principal office
address; (F) change in the Borrower's state of organization ; (G) conversion of the Borrower to a new or different type of business entity; or (H)
change in any other aspect of the Borrower that directly or indirectly relates to any agreements between the Borrower and Lender. No
change in the Borrower's name or state of organization will take effect until after Lender has received notice.
DocuSign Envelope ID: 02425E8F-B985-476B-BFB0-4E68E0AF5E64
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 27 of 34
RESOLUTION TO BORROW
(Continued) Page 2
CERTIFICATION CONCERNING OFFICERS AND RESOLUTIONS. The officer named above is duly elected. appointed. or employed by or for the
Borrower, as the case may be, and occupies the position set opposite his or her respective name. This Resolution now stands of record on the
books of the Borrower, is in full force and effect, and has not been modified or revoked in any manner whatsoever.
NO CORPORATE SEAL. The Borrower n has no corporate seal, and therefore, no seal is affixed to this Resolution.
CONTINUING VALIDITY. Any and all acts authorized pursuant to this Resolution and performed prior to the passage of this Resolution are
hereby ratified and approved. This Resolution shall be continuing, shall remain in full force and effect and Lender may rely on it until written
notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may
designate from time to time). Any such notice shall not affect any of the Borrower's agreements or commitments in effect at the time notice is
given.
IN TESTIMONY WHEREOF, I have hereunto set my hand and attest that the signature set opposite the name listed above Is his or her
genuine signature.
I have read all the provisions of this Resolution, and personally and on behalf of the Borrower certify that all statements and
representations made in this Resolution are true and correct. This Resolution to Borrow is dated as of the date set forth above.
CERTIFIED TO AND ATTESTED BY:
Gabriel Clark
__________________________, as president, manager or managing member
.
Case 1:22-cr-20326-KMM Document 29-4 Entered on FLSD Docket 01/02/2023 Page 28 of 34
CIP data reviewed on 2020-06-28by BlueVine
Applicant personal details confirmation: were confirmed via Experian PreciseID and found at least 3/4
to match
Beneficial Owner 0.0 personal details confirmation : No other owners with more than 20% ownership
were reported.
KYC - OFAC: The applicant does not have any OFAC warnings.
In business by 2/15/2020 : based on our data,business was active and in business on 2/15/2020.
Bank account is activeThe business deposit account standing has been verified with GIACT and the
response code was: AV;
Bank account Ownership: The deposit bank account ownership was verified via GIACT and the
response code was CA11
KYB KYB: business name was found to match Tax-Id using Trans-Union’s TLO and no OFAC warnings
were found..
Forms 941 for the relevant quarters were uploaded and found belonging to the business.
page 1 of 1
Case
6/3/22, 1:22-cr-20326-KMM
3:05 PM Document 29-4 Entered onPlato
FLSD Docket 01/02/2023 Page 29 of 34
Y (/yoda/clientid/954053) S
(https://skywalker.bluevine.com/client/954053) User:
AJI Clark Bathtub Refinishing (ajiclarkbathtub@gmail.com)
Approve Client Suspend Client Deactivate Client Client Defaulted Full Notification: false
Flags: User Requests: Tasks: SalesForce ALL TL ELIGIBLE
ID Status Approved Invoice First login Life Time
c954053 APPROVED Credit Service 6/25/2020 19:33 Value
(/rey/clients/954053) $0 $0
In Buyout Factoring Last login
Business Process Advanced Credit Line Last Refresh
12/29/2021 09:34
Name false Credit $0
Instant Invoices
AJI Clark $0
DDA Product Flex Credit Draws Imported
Bathtub Status By
Status Line Status Manual
Refinishing system@bluevine.com
$0 DISABLED Invoices
Authorised User
Client Tier
Person Full Account Onboarding Lead Source
Type standard Stage
Name Unknown
Gabriel Clark PPP CRB Active ppp_manual
First Products:
Account
Status PPP
Manager
Updated Account
Underwriter 6/27/2020 18:44 Activated
PPP - Latest YES
Application
Status
NEW_SBA_PPP_SECOND_DRAW_APPLICATION
- DECLINED
Full Details () Summary () SBA () PPP () PPP Calculator () Terms Configuration ()
Client Pricing () Email Settings () Bank Accounts () Analyst Editable Attributes ()
Back Office Editable Attributes () User Files () Experian () Credit Report () Mitek Verification ()
User Events () User Deals () User Invoices () User Debtors () Verification () Reported Debtors ()
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Case
6/3/22, 1:22-cr-20326-KMM
3:05 PM Document 29-4 Entered onPlato
FLSD Docket 01/02/2023 Page 30 of 34
User Repayments () Revisions of client invoice service provider details () Imported details vs. collected details ()
Information Validation () Socure - Information Validation () Socure Watchlist Information ()
Giact Account Verification () Email Age () Social Networks () Change Requests () Business Requests ()
Vendor Portals () Whois Domain () Whois IP () Bizapedia () Bank Data () Liens () TLO ()
TLO Ver2 () Yodlee () Abbyy () AbbyyCloud () MedValue () Ocrolus () Beneficial Owners ()
Exceptions () DDA Eligibility () Payees () Payments () Credit Cards () Bill Pay Config ()
BankTransfers () Checks () Deposit Accounts () MFA () Plaid () Abbyy Tax 941 ()
LN Instant Id Business () Threat Metrix Search () Sentilink () Ekata ()
Last Week History
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3:05 PM Document 29-4 Entered onPlato
FLSD Docket 01/02/2023 Page 31 of 34
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3:05 PM Document 29-4 Entered onPlato
FLSD Docket 01/02/2023 Page 32 of 34
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3:05 PM Document 29-4 Entered onPlato
FLSD Docket 01/02/2023 Page 33 of 34
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3:05 PM Document 29-4 Entered onPlato
FLSD Docket 01/02/2023 Page 34 of 34
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© Bluevine Capital Inc.
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