Factual Proffer Statement as to George Arestuche (ogn1) — United States v. Arestuche (Dkt. 17, S.D. Fla. No. 1:25-cr-20001)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:25-cr-20001-PCH · Doc. 17 · 2025-02-24 · Docket on CourtListener

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UNITED STATES DISTRICT CO URT
SOUTHERN DISTRICT O F FLORIDA
Casè No. 25-20001-Cr-HUCK/LO UIS
UNITED STATES OF AM ERICA
V.
G EO RG E A RESTUCHE,
Defendant.
/
STIPULATED FACTUA L BASIS
The United States and GEORGE ARESTUCHE (dlthe defendant'') hereby stipulate
and agree that had this m atter proceeded to trial, the United States w ould have osered
evidence and testim ony sufficient to establish a factual basis beyond a reasohable doubt
for the crim e charged, including the follow ing:
The defendant, w ho resided in M iam i-Dade County, in the Southern District of
Florida, was at aII relevant times em ployed by the M iam i-Dade Aviation Departm ent as
an Airport Refrigeration/Ac M echanic. The defendant maintained an account at the
Dade County Federal Credit Union (ICDCFCU'J). DCFCU was identified in the Information
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as lthe Credit Union.'' DCFCU did business, including m aintaining branches, in the
Southern District of Florida.
The United States Small Business Administration (1'SBA') was an agency of the
executive branch of the Governinent of the United States. The Coronavirus Aid, Relief;
and Economic Security (.CARES'') Act was a federal law enacted in or around March
2020 that was designed to provide emergency financial assistance to the millions of
Case 1:25-cr-20001-PCH   Document 17   Entered on FLSD Docket 02/24/2025   Page 1 of 4

Am ericans who were suffering the econom ic efects caused by the COVID-19 pandem ic.
One source of relïef provided by the CA RES Act w as the authorization and provision of
funding to the SBA to provide Economic lnjury Disaster Loans (1EIDLs'') to eligible small
businesses experiencing substantial financial disruptions due to the COVID-19 pandem ic
to allow them to m eet financial obligations and operating expenses that otherwise could
have been m et had the disaster not occurred.
In order to obtain a COVID-19 EIDL, a qualifying for-profit business was required
to subm it an EIDL application to the SBA and provide inform ation about its operations,
including its gross revenues for the lz-m onth period preceding January 31, 2020. The
applicant also was required to certify under penalty of perjury that alI the information in
the application was true and correct. EIDL applications were subm itted directly to, and
processed by, the SBA . The amount of the Ioan approved and any advance provided
was determ ined based, in part, on the information provided in the application concerning
the cost of goods sold. EIDL funds were issued directly by the United States government
to the applicant's bank account via Electronic Funds Transfer.
From in or around July 2020 through in or around August 2020, the defendant and
an unindicted co-conspirator referred tq herein, and in the Information, as Individual 1,
conspjred and agreed to devise a schem e to defraud the SBA by obtaining for the
defendant both an EIDL and an EIDL advance to which the defendant was not entitled.
As pad of this conspiracy, the defendant agreed to pay Individual 1 a Iarge fee for filing
the necessary EIDL application on the defendant's behalf that w ould be owed if the
defendant received the Ioan from the SBA.
Case 1:25-cr-20001-PCH   Document 17   Entered on FLSD Docket 02/24/2025   Page 2 of 4

ln fudherance of this conspiracy, Individual 1, with the know ledge and on behalf of
the defendant, subm itted to the SBA, via interstate w ire com m unications, a false and
fraudulent EIDL application claim ing that the defendant was an independent contractor
and the 100% owner of an 'A utom otive Repair'' business operating under the Iegal and
DBA nam e 'lgeorge.'' That EIDL application falsely certified that for the lz-m onth period
prior to January 31 , 2020, 'lgeorge' had gross revenues of $600,000, a cost of goods sold
of $184,000, and 10 employees. In reality,
contractor and did not ow n any type of business.
the defendant w as not an independent
In suppod of this EIDL application, Individual 1, w ith the knowledge and on behalf
of the defendant, also subm itted and caused to be subm itted to the SBA a false and
fraudulent Internal Revenue Service (.'IRS') Form 1040 in the defendant's name for
calendar year 2019. This Form 1040 falsely claim ed that the defendant earned
approximately $706,151 in total income from a business he allegedly operated. This
Form 1040 included a 2019 Schedule C entitled ''Profit or Loss From Business (Sole
Proprietorshipl'' that falsely claimed that the defendant had a llmechanic'' business that
had gross receipts of $725,000 and earned a net profit of $706,151.
As a result of this false and fraudulent EIDL application, the defendant fraudulently
obtained from the SBA $149,900 in EIDL proceeds and a $10,000 EIDL advance, both of
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which wefe sent by the SBA via Electronic Funds Transfer to the defendant's account at
DCFCU. These Electronic Funds Transfers of EIDL proceeds involved the use of
interstate wire communications. After receiving these iIDL proceeds from the SBA, the
defendant paid Individual 1 his fee by providing him with two checks totaling
Case 1:25-cr-20001-PCH   Document 17   Entered on FLSD Docket 02/24/2025   Page 3 of 4

approximately $17,275.
The United States and the defendant agree that this Stipulated Factual Basis, while
not containing aII facts known to the United States, is sulicient to satisfy aII the elem ents
establishing the guilt of the defendant for the crim e charged in the Inform ation.
HAYDEN P. O'BYRNE
UNITED STATES ATTO RNEY
Date: lYJ2X
By: Edward N. Stam m
Assistant United States Attorney
By :
By:
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oya g.,o
Marco Fa ah, Esq.
Attorney or Defendant George Arestuche
G o e Arestuche
ndant
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Date:
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Date:
Case 1:25-cr-20001-PCH   Document 17   Entered on FLSD Docket 02/24/2025   Page 4 of 4

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