Information as to Joshua Bellamy (1) count 1 and Forfeiture Count. (cg1) — United States v. Bellamy (Dkt. 20, S.D. Fla. No. 0:21-cr-60064)

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U.S. District Court for the Southern District of Florida · No. 0:21-cr-60064-RKA · Doc. 20 · 2021-02-25 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.
18 U.S.C. j 371
18 U.S.C. j 982
UNITED STATES OF AM ERICA
VS.
JO SHUA BELLAM Y,
Defendant.
INFO RM ATION
The United States Attonzey charges that:
GENERAL ALLEG ATIO NS
At all tim es material to this lnformation:
The Paycheck Protection Prouram
The Coronavirus Aid, Relief, and Economic Security ILûCARESD'I Act was a federal
law enacted in or around M arch 2020 and designed to provide emergency financial assistance to
the m illions of Americans who are suffering the econom ic effects caused by the COVlD-19
pandem ic. One source of relief provided by the CARES Act was the authorization of forgivable
loans to small businesses forjob retention and certain other expenses, through a program referred
to as the Paycheck Protection Program (tûPPP'').
ln order to obtain a PPP loan, a qualifying business subm itted a PPP loan application,
which was signed by an authorized representative of the business. The PPP loan application
required the business (through its authorized representative) to acknowledge the program rules and
m ake certain affinnative certifications in order to be eligible to obtain the PPP loan. ln the PPP
21-60064-CR-ALTMAN/HUNT
Feb 25, 2021
YH
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 1 of 11

loan application (Small Business Administration (ûûSBA'D) Form 2483), the small business (through
its authorized representative) was required to provide, among other things, its: (a) average monthly
payroll expenses', and (b) number of employees. These figures were used to calculate the amount
of m oney the small business was eligible to receive under the PPP. ln additionn businesses
applying for a PPP loan were required to provide documentation confinning their payroll expenses.
A PPP loan application was processed by a participating lender. lf a PPP loan
application was approved, the participating lender funded the PPP loan using its own monies.
W hile it was the participating lender that issued the PPP loan, the loan was 100% guaranteed by
the SBA. Data from the application, including infonnation about the borrower, the total amount
of the loan, and the listed number of employees, was transm itted by the lender to the SBA in the
course of processing the loan.
PPP loan proceeds were required to be used by the business on certain perm issible
expenses payroll costs, interest on m ortgages, rent, and utilities.The PPP allowed the interest
and principal on the PPP loan to be entirely forgiven if the business spent the loan proceeds on
these expense item s within a designated period of tim e and used a defined portion of the PPP loan
Proceeds On Payroll expenses.
The Defendant. Related Entities and lndividuals
Drip Entertainment, LLC (ûûlDrip Entertainmenf') was a Florida corporation with its
listed principal address in M iam i, Florida.
Defendant JO SH UA BELLAM Y, a resident of Pinellas County, Florida, was the
sole manager of Drip Entertainm ent.
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Bank 1 was a financial institution based in Fol't Lee, New Jersey, that was insured
by the Federal Deposit Insurance Corporation (''FD1C''). Bank 1 was an approved SBA lender of
PPP loans.
8 .
Califom ia, that processed PPP loan applications for Bank l .
Bank Processor l was a third-party company processor, based in Redwood City,
Individual 1 was a resident of Broward County, Florida.
W yleia W illiam s was a resident ofBroward County, Florida.
Conspiracy to Com m it W ire Fraud
(18 U.S.C. j 371)
From in or around M ay 2020, through on or about August 3, 2020, in Broward County, in
the Southel'n District of Florida, and elsewhere, the defendant,
JO SH UA BELLAM Y,
did willfully, that is, with the intent to further the object of the conspiracy, and knowingly combine,
conspire, confederate, and agree with lndividual l , W yleia W illiam s, and with others known and
unltnown to the United States Attorney, to knowingly, and with the intent to defraud, devise, and
intend to devise, a schem e and artifice to defraud, and to obtain m oney and property by m eans of
materially false and fraudulent pretenses, representations, and prom ises, knowing that the
pretenses, representations, and prom ises were false and fraudulent when made, and, for the purpose
of executing the schem e and artifice, did know ingly transm it and cause to be transmitted, by means
of wire comm unication in interstate commerce, certain writings, signs,signals, pictures and
PURPO SE OF TH E CONSPIR ACY
lt was the purpose of the conspiracy for the defendant and his co-conspirators to
unlawfully enrich themselves by, among other things: (a) submitting and causing the submission
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 3 of 11

of false and fraudulent applications for loans and grants made available through the SBA to provide
relief for the economic effects caused by the COVID-19 pandemic, including PPP loans; (b)
offering, paying, and receiving kickbacks in return for refening other individuals for the
submission of false and fraudulent loan applications; and (c) diverting fraud proceeds for the
defendant's and co-conspirators' personal use, the use and benefit of others, and to further the
conspiracy.
M ANNER AND M EANS OF THE CO NSPIM
CY
The manner and means by which the defendant and his co-conspirators sought to
accomplish the object and pumose of the conspiracy included, among others, the following:
JOSHUA BELLAM Y, lndividual 1, W yleia W illiam s, and other co-conspirators
subm itted and caused the subm ission of fraudulent PPP loan applications for Drip Entertaimnent
and other entities, via interstate wire comm unications.
13. 
The PPP loan applications subm itted by JOSH UA BELLAM Y, lndividual 1,
W yleia W illiams, and other co-conspirators for Drip Entertainm ent and other entities, included
falsitied bank statem ents and payroll tax fonus, am ong other things, and falsely and fraudulently
represented the borrowing entities' number of employees and amount of m onthly payroll.
JO SH UA BELLAM Y, Individual 1, W yleia W illiam s, and other co-conspirators
recruited co-conspirators to subm it additional fraudulent PPP loan applications, often in exchange
for kickbacks from the proceeds received through the fraudulently obtained PPP loans.
15. 
As a result of the false and fraudulent PPP loan applications subm itted as pal't of
this schem e, Bank 1 and other participating banks disbursed millions of dollars in PPP loan
proceeds, which were transfen'ed to JO SHUA BELLAM Y, lndividual 1, and other co-
conspirators via interstate wire transm issions.
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 4 of 11

OVERT ACTS
In furtherance of the conspiracy, and to accomplish its object and purpose, at least one of
the co-conspirators com mitted and caused to be com mitted, in the Southern District of Florida and
elsewhere, at least one of the following overt acts, am ong others:
On or about M ay 14, 2020, Individual 1 created an online loan account for
JOSHUA BELLAM Y with Bank Processor 1 and uploaded to that account fraudulent 1RS Forms
941 (Employer's Quarterly Federal Tax Retulm) for Drip Entertainment.
On or about M ay 18, 2020, W yleia W illiam s sent JOSHUA BELLAM Y a text
message that stated'. kkl-li Josh. Please give me a call regarding your loan.''
On or about M ay l8, 2020, W yleia W illiams sent JOSHUA BELLAM Y a text
m essage that included the phone number for Bank Processor 1 and stated: ûtYou calling in regards
to your paycheck protection loan and want to check the status.';
On or about M ay 19, 2020, JO SH UA BELLAM Y called Bank Processor 1 and
inquired regarding the status ofhis PPP loan application.
On or about M ay 27, 2020, W yleia W illiam s electronically subm itted a PPP loan
application fonn on behalf of Drip Entertainm ent to Bank 1 through Bank Processor 1.
application form , which was electronically signed with the nam e ûk-loshua Bellam y,'' requested a
loan for Drip Entertainment in the amount of $ l ,246,565 based on the claim that the company had
47 employees and an average monthly payroll of $498,626.
On or about M ay 28, 2020, Individual 1 texted JO SH UA BELLAM Y wiring
On or about M ay 28, 2020, JOSHUA BELLAM Y wired $31 1,641 .67 to lndividual
1 as a kickback for preparing the fraudulent PPP loan application.
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 5 of 11

8. 
On or about M ay 30 2020, JOSHUA BELLAM Y sent a text m essage to lndividual
1 with inform ation regarding the referral of an individual into the schem e. This text m essage
included, among other things'. (l) the individual's name, address, date of birth, social security
number, and e-mail address', (2) the individual's business name, business address, and Federal Tax
ID; and (3) bank account and routing numbers.
On or about M ay 3 1 , 2020, the individual that JO SHUA BELLAM Y referred to
lndividual 1, referenced in paragraph 8, above, sent a text m essage to lndividual l that stated: tûif
you can get m e 1 m illion get thanks.''
On or about June 2, 2020,JOSHUA BELLAMY wired $57,000 to a jewelry
vendor using funds he had received from the Drip Entertainment PPP loan.
On or about June 3, 2020, JOSH UA BELLAM Y made a card purchase of
approximately $5,397.50 at the Seminole Hard Rock Casino using funds he had received from the
Drip Entertainm ent PPP loan.
On or about June 5, 2020, JOSH UA BELLAM Y texted lndividual 1: tûW hat's up
glndividual 11 how is everything going?'-
On the same day, lndividual l texted JO SH UA BELLAM Y: tivery slow a lot of
declines we think gBank Processor 11 is out of cash but were still waiting.''
On or about August 3, 2020, JO SH UA BELLAM Y stated to an undercover agent
posing as an associate of lndividual 1, who had asked how m any employees Drip Entertainment
had: ûkl got as many employees as l want.''
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 6 of 11

FORFEITURE ALLEGATIO NS
The allegations contained in this lnformation are hereby re-alleged and by this
reference fully incop orated herein for the purpose of alleging forfeiture to the United States of
certain property in which the defendant, JO SH UA BELLAM Y, has an interest.
Upon conviction of a violation of Title l 8, United States Code, Section 371, as
alleged in this lnfonuation, the defendant shall forfeit to the United States any property
constituting, or derived from , any proceeds the defendant obtained, directly or indirectly, as the
result of such violation pursuant to Title 18, United States Code, Section 982(a)(2)(A).
If any of the propel'ty subject to forfeiture, as a result of any act or omission of the
defendant:
cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third pal-ty;
has been placed beyond the jurisdiction of the court;
has been substantially dim inished in value; or
has been com mingled with other property which cannot be divided without difficulty,
the United States shall be entitled to the forfeiture of substitute property under the provisions of
Title 21, United States Code, Section 853(p).
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 7 of 11

All pursuant to Title 1 8, United States Code, Section 982(a)(2)(A), and the procedures set
Section 982(b)(1).
'# . 
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ARiANA FAJARDO ORSHAN
UNITED STATES ATTORNEY
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DAVID S. TURKEN
ASSISTANT UNITED STATES A7'TORN EY
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W IAU ATTORNEY FRAUD SECTION
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Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 8 of 11

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AM ERICA
C ERTIFICATE O F TRIA L ATTO RNEY*
Superseding Case lnform ation:
New defendantts) 
Yes
Number of new defendants
Total number of counts
JOSHUA BELLAM Y,
Defendant. 
/
Court Division'. (select one)
M iami 
Key W est
FTL 
W PB 
l-' TP
I have carefully considered the allegations of the indictment, the num ber of defendants, the number of
probable witnesses and the legal complexities of the lndictlnent/lnform ation attached hereto.
l am aware that the inform ation supplied on this statement will be relied upon by the Judges of this
Court in Setting their calendars and scheduling criminal trials under the mandate of the Speedy Trial
Act, Title 28 U.S.C. Section 3 1 61 .
lnterpreter: 
(Yes or No)
List language and/or dialect
This case will take 0 days for the parties to try.
Please check appropriate category and type of offense Iisted below:
(Check only one)
I 
0 to 5 days 
/ 
Petly
11 
6 to 10 days 
M inor
III 
l l to 20 days 
Misdem.
IV 
21 to 60 days 
Felony 
.'
V 
6 1 days and over
6. 
Has this case previously been filed in this District Court? 
(Yes or No) 
No
If yes: Judge 
Case N o.
(Attach copy of dispositive order)
Has a complaint been tiled in this m atter?
lf yes: M agistrate Case No.
Related miscellaneous num bers:
Defendantts) in federal custody as of
Defendantts) in state custody as of
Rule 20 from the District of
Does this case originate from a m atter pending in the Central Region of the U.S. Attorney's Office
prior to August 9, 20 1 3 (M ag. Judge Alicia 0. Valle)? 
Yes 
No /
Does this case originate from a m atter pending in the Nol-thern Region of the U.S. Attorney's Office
prior to August 8, 20 l 4 (Mag. Judge Shaniek M aynard)? 
Yes 
No z
Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Oftice
prior to October 3, 20 I 9 (M ag. Judge Jared Strauss)? 
Yes 
No ?'
DAVID S. TURKEN
A SSISTANT UNITED SA'ATES ATTORNEY
FLORIDA BAR NO. 28573
#penalty Sheetts) attached
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 9 of 11

UNITED STATES DISTR ICT C O URT
SO UTH ERN DISTRICT O F FLO RIDA
PENA LTY SH EET
D efendant's Nam e: JO SH UA BELLA M Y
Count #: l
Conspiracy to Comm it W ire Fraud
*Max. Penalty: 
Five (5) Years' lmprisonment
*R efers only to possible term of incarceration, does not include possible fines, restitution,
special assessm ents, parole term s, or forfeitures that m ay be applicable.
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 10 of 11

AO 455 (Rev . 0 1 /09) Wai ver of an lndictlnent
U NITED STATES D ISTRICT COURT
for the
Southern District of Florida
United States of America
V.
JOSHUA BELLAMY,
Case No.
W AIVER O F AN INDICTM ENT
l understand that I have been accused of one or m ore offenses punishable by imprisonment for more than one
year. I was advised in open court of my rights and the nature of the proposed charges against lne.
After receiving this advice, l waive my right to prosecution by indictment and consent to prosecution by
information.
Date :
Case 0:21-cr-60064-RKA   Document 20   Entered on FLSD Docket 02/25/2021   Page 11 of 11

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