Court filing
Factual Proffer Statement as to Joshua Bellamy — United States v. Bellamy (Dkt. 31, S.D. Fla. No. 0:21-cr-60064)
Filed June 9, 2021 in Bellamy; one of 6 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2021-06-09 |
U.S. District Court for the Southern District of Florida · No. 0:21-cr-60064-RKA · Doc. 31 · 2021-06-09 · Docket on CourtListener
Full text
Case 0:21-cr-60064-RKA Document 31 Entered on FLSD Docket 06/09/2021 Page 1 of 4 ~ ' UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 21-60064-CR-RKA UNITED STATES OF AMERICA vs. JOSHUA BELLAMY, Defendant. / FACTUAL PROFFER The United States and Defendant Joshua Bellamy (“Defendant”) agree that had this case proceeded fo trial, the United States of America would have proven, beyond a reasonable doubt, the following facts, among others, pertaining to violations of Title 18, United States Code, Sections 371 and 1343, which occurred in the Southern District of Florida and elsewhere. From in around May 2020, through in or around at least August 2020, Defendant knowingly and willfully conspired and agreed with Individual 1, Wyleia Williams, and others to submit and cause the submission of millions of dollars’ worth of fraudulent. Paycheck Protection Program (“PPP”) loan applications. PPP loans are forgivable business loans for small businesses, created as part of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the general purpose of which was to help businesses pay their expenses during the COVID-19 Pandemic and to encourage them to retain their employees. Generally, a business could seek a PPP loan in the amount of 2.5 times its average monthly payroll. A PPP loan application was processed by a participating lender. If a PPP Joan application was approved, the participating lender funded the PPP loan using its own monies. While it was the participating lender that issued the PPP loan, the loan was 100% guaranteed by the Small Man IM. ADONADARARLIDAAADANAAN Land hal dA INNO Case 0:21-cr-60064-RKA Document 31 Entered on FLSD Docket 06/09/2021 Page 2 of 4 Business Administration (“SBA”). Data from the application, including information about the borzower, the total amount of the loan, and the listed number of employees, was transmitted 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 permissible expenses—payroll costs, interest on mortgages, 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 items within a designated period of time and used a defined portion of the PPP Joan proceeds on payroll expenses. | In furtherance of the conspiracy, and. to accomplish its object and piirpose, Defendant caused the submission of a PPP loan application on behalf of his company, Drip Entertainment, LLC (“Drip Entertainment”), that Defendant knew contained materially false and fraudulent representations. Specifically, between the approximate dates of May 14 and May 27, 2020, Individual 1 and Wyleia Williams, in coordination with Defendant and at Defendant’s request, electronically submitted to Bank 1, through Bank Processor 1, a PPP loan application package on behalf of Drip Entertainment seeking a loan in the amount of $1,246,565 (the “Drip Entertainment Loan”). The loan application documents falsely claimed that Drip Entertainment had 47 employees and an average monthly payroll of $498,626. And the supporting documents submitted by Defendant’s co-conspirators, which included a purported company bank statement and IRS Forms 941 for 2019 (Employer’s Quarterly Federal Tax Return) signed with the name “Joshua Bellamy,” were forgeries. Florida Department of Revenue records reflected that Drip Entertainment did not report any wages to employees for 2019. IRS records showed that Drip Entertainment did not file any Forms 941 in 2019. As a result of the knowing and willful false and fraudulent representations made by TAA ITN: ASOD ADARARDNDAARDA BAAN EA AHAARININLONEE Case 0:21-cr-60064-RKA Document 31 Entered on FLSD Docket 06/09/2021 Page 3 of 4 ~ Defendant and his co-conspirators in the loan documents, Bank Processor 1 approved the Drip Entertainment Loan, which Bank 1 funded by making an electronic wire transfer in the amount of $1,246,565 to Defendant’s personal bank account. Defendant then proceeded to spend those funds, which were supposed to go to payroll, on personal items, including luxury items such as jewelry, and charges at the Seminole Hard Rock Hotel and Casino. Defendant also wired approximately $311,641.67 to Individual 1 as a kickback for his assistance in preparing and submitting the fraudulent Drip Entertainment loan. | In addition to obtaining a fraudulent PPP loan for his own company, Defendant referred friends and associates to Individual 1 for the purpose of submitting additional fraudulent PPP loan applications. Based on text message communications between Defendant and Individual 1, as well as records obtained from Bank Processor 1, investigators identified two fraudulent loan applications seeking approximately $1,648,413 that came from Defendant’s referrals. Those loan applications, however, were ultimately rejected by Bank Processor 1. The parties agree that the fraud scheme in this case involved the use of interstate wires, including those required to submit the fraudulent Drip Entertainment PPP loan application. [THIS SPACE IN TENTIONALLY LEFT BLANK] PNA IR. Hannan’. 42 Ann. 2 nan nk nanantaner Case 0:21-cr-60064-RKA Document 31 Entered on FLSD Docket 06/09/2021 Page 4 of 4 The information contained in this proffer is not a complete recitation of the facts and circumstances of this case, but the parties agree it is sufficient to prove the Information beyond a reasonable doubt. Date: ey 8/21 Date: b /8/.) - Date: 6/8/C' Date?® /08/2021 By: JUAN ANTONIO GONZALEZ ACTING IPED STATES ATTORNEY ZIAVID 8. TURKEN © ASSISTANT UNITED STATES ATTORNEY DANIEL KAHN ACTING CHIEE EBpUD SECTION om <7 PHILIP B. TROUT “TRIAL ATTORNEY ——- : DIEGO WEINER | ATTORNEY FOR THE DEFENDANT ib. JOSHUA BELLAMY DEFENDANT
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