INDICTMENT and FORFEITURE as to Carlos Vazquez (1) count(s) 1-2. (mdc) (mdc). (Main Document… — USA v. Vazquez (Dkt. 19)

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U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 19 · 2021-04-15 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.
18 U.S.C. j 1343
18 U.S.C. j 982(a)(2)
UNITED STATES OF AM ERICA
VS.
CARLOS VAZQUEA
Defendant.
/
INDICTM ENT
The Grand Jury charges that:
GENERAL ALLEGATIONS
At all tim es m aterial to this lndictm ent:
The Pavcheck Protection Proaram
The Coronavinzs Aid, Relief, and Economic Seclzrity IûICAItES''I Act was a federal
law enacted in or around M arch 2020 and designed to provide em ergency financial assistance to
the m illions of Americans who are suffering the econom ic effects caused by the COVID-19
pandem ic. One source of relief provided by the CARES Act was the authorization of forgivable
loans to small businesses for job retention and certain other expenses, through a program referred
to as the Paycheck Protection Progrnm (tdPPP'').
The types of businesses eligible for a PPP loan included lim ited liability companies
(LLC). To obtain a PPP loan, a qualifying LLC submitted a PPP loan application (Smal1 Business
Administration (ûûSBA'')Form 2483), signed by alz authorized representative. The PPP loan
application required the authorized representative to acknowledge the program rules and m ake
21-20231-CR-MIDDLEBROOKS/MCALILEY
Apr 15, 2021
KS
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 1 of 8

certain aftinnative certifications to be eligible to obtain the PPP loan.ln addition, the authorized
representative had to report and docum ent the LLC'S wages and tax statements for its em ployees,
as typically reported to the lnternal Revenue Service (tClRS'') on Fonn W 3. The lending institution
used this report and docum entation to calculate the amount of m oney the applicant was entitled to
receive under the PPP.
3. 
A PPP loan application had to be processed by a participating lender.
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 fully guaranteed by the
If a PPè loan
SBA. Data from the application, including infonnation about the bonower, the total amount of the
loan, and the listed num ber of employees, w as transmitted by the lender to the SBA in the course
of processing the loan.
4. 
PPP loan proceeds were required to be used by the business on certain pennissible
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 time and used a defined portion of the PPP loan
W oceeds On Payroll expenses.
The Defendant and Relevant Entities
5. 
Big League L.L.C was a corporation organized under the laws of the State of Florida
and was originally incorporated on or about M ay 23, 2016. The corporation was administratively
dissolved because it failed to file annual reports for the years 2018, 2019, and 2020.
2
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 2 of 8

On or about June 24, 2020, Big League L.L.C was reinstated with the Florida
Departm ent of State, Division of Corporations, and filed atmual reports for the years 2018, 2019,
and 2020.
CARI,OS VAZQUEZ, a resident of M iami-Dade County, Florida, was listed as the
CEO and registered agent of Big League L.L.C.
8. 
Lender 1 was a financial teclm ology company based in Atlanta, Georgia. Lender 1
was an approved SBA lender for PPP loans.
COUNTS 1-2
W ire Fraud
(18 U.S.C. j 1343)
Paragraphs 1 through 8 of the General Allegations section of this Indictment are re-
alleged and incorporated by reference as though fully set forth herein.
2. 
From on or about June l 8, 2020, and continuing through on or about January 29,
2021, in M iami-Dade County, in the Southern District of Florida, and elsewhere, the defendant,
CARLOS VAZQUEZ
did knowingly, and with the intent to defraud, devise, and intend to devise, a schem e and artitice
to defraud, and to obtain m oney and property by
pretenses, representations, and
means of m aterially false and fraudulent
prom ises, knowing that the pretenses, representations, and
prom ises were false and fraudulent when made, and, for the purpose of executing the scheme and
artifice, did knowingly transm it and cause to be transm itted, by means of wire comm unication in
interstate and foreign com merce, certain writings, signs, signals, pictures, and sounds, in violation
of Title 18, United States Code, Section 1343.
3
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 3 of 8

PURPO SE OF THE SCHEM E AND ARTIFICE
The purpose of the scheme and artifice was for CARLOS VAZQUEZ to
unlawfully enrich himself by subm itting a false and fraudulent PPP application to obtain loan
proceeds for his own use and gain.
TH E SCHEM E AND ARTIFACE
The marmer and means by which CARLOS VAZQUEZ sought to accomplish the purpose
of the scheme and artifice included, among others, the following:
On or about June 24, 2020, CARLOS VAZQUEZ reinstated Big League L.L.C
with the Florida Departm ent of State.
On or about June 29, 2020, CARLOS VAZQUEZ opened a business bank account
for Big League L.L.C at Chase Bank.
6. 
On or about June 30, 2020, CARLOS VAZQUEZ submitted to Lender 1 and the
SBA, via interstate wire com munications, a false and fraudulent PPP loan application for Big
League L.L.C.
The PPP loan application falsely represented, am ong other things, Big League
L.L.C's operational status, m onthly payroll and number of em ployees.
8. 
A s a result of the false and fraudulent PPP loan application, Lender 1 and the SBA
deposited loan proceeds in the amount of $921,875 into a bank account controlled by CARLOS
VAZQUEZ.
USE OF W IRES
On or about the dates specified below,in the Southern District of Florida, and
elsewhere, CARLOS VAZQUEZ, for the purpose of executing and in furtherance of the aforesaid
4
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 4 of 8

scheme and artifice to defraud, and to obtain m oney and property by means of materially false and
fraudulent pretenses, representations, and prom ises, knowing that the pretenses, representations,
and promises were false and fraudulent when made, did knowingly transm it and cause to be
transm itted in interstate and foreign comm erce, by m eans of wire communication, certain writings,
signs, signals, pictures, and sounds, as described below :
COUNT 
APPROM M ATE 
DESCRIPTION O F W IRE
DATE
1 
Jtme 30, 2020 
Electronic transm ission of a PPP loan application,
causing a wire transm ission from the Southern
District of Florida to outside of Florida
2 
July 6, 2020 
Deposit in the amount of $921,875 from Lender 1 to
a JP M organ Chase account ending in 5925
controlled by CARLOS VAZQUEZ, causing a wire
transm ission from outside of Florida to the Southern
District of Florida
FORFEITURE ALLEGATIONS
The allegations of this lndictment are hereby re-alleged and by this reference fully
incorporated herein for the purpose of alleging forfeiture to the United States of Am erica of certain
property in which the defendant, CARIUOS VAZQUEZ, has an interest.
Upon conviction of a violation of Title 18, United States Code, Section l 343, as
alleged in this Indictment, the defendant, CARLOS VAZQUEZ, shall forfeit to the United States
any property constituting, or derived from , proceeds obtained, directly or indirectly, as a result of
such violation, pursuant to Title 18, United States Code, Section 982(a)(2)(A).
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 5 of 8

All pursuant to Title 1 8, United States Code, Section 982(a)(2)(A), and the procedures set
forth in Title 21, United States Code, Section 853, as incorporated by Title 28, United States Code,
Section 2461.
A TRUE BILL
FOREPERSON
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*- :
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JuAx AxToxlo GoxzâLEz
ACTW  UNITED STATES ATTORNEY
AY EN P. O'BYRNE
/j' SSISTANT UNITED STATES ATTORNEY
1
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 6 of 8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AM ERICA
V.
Carlos Vazquez,
Defendant
I
Court Divisiop: (select one)
z 
M iaml 
Key W est
FTL 
W PB 
FTP
CASE NO.
CERTIFICATE OF TRIAL ATTORNEYA
Superseding Case lnform ation:
New defendantts) 
Yes
Number of new defendants
Total number of counts
1 have carefully considered the allegations of the indictment, the number of defendants, the number of
probable witnesses and the legal complexities of the lndictment/lnformation attached hereto.
l am aware that the information 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 3 161.
lnterpreter: 
(Yes or No) 
No
List language and/or dialect
'l-his case will take 5 days for the parties to try.
Please check appropriate category and type of offense listed below:
(Check only one) 
(Check only one)
I 
0 to 5 days 
/ 
Petty
11 
6 to 10 days 
M inor
III 
1 1 to 20 days 
M isdem.
IV 
21 to 60 days 
Felony 
z
V 
61 days and over
6. 
Has this case previously been tiled in this District Court? 
(Yes or No) 
No
lf yes: Judge 
Case No.
(Attach copy of dispositive order)
Has a complaint been tiled in this matter? 
(Yes or No) 
YeS
If yes: M agistrate Case N o. 
21-m i-02512-CM M
Related m iscellaneous numbers:
Defendantts) in federal custody as of
Defendantts) in state custody as of
Rule 20 from the District of
ls this a potential death penalty case? (Yes or No) 
No
Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Oftice
prior to August 9, 20 1 3 (Mag. Judge Alicia 0. Valle)? 
Yes 
No z
Does this case originate from a matter pending in the Northern Region of the U.S. Attorney's Office
prior to August 8, 20 14 (Mag. Judge Shaniek Maynard)? 
Yes 
No z
Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Office
prior to October 3, 20 l 9 (Mag. Judge Jared Strauss)? 
Yes 
No z
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ASSISTANT UNITED STATES ATTORNEY
Florida Bar No.: 60024
*penalty Sheetts) attached 
Rsv 6/5/2020
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 7 of 8

UNITED STATES DISTRICT COURT
SO UTH ERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Name: CARLOS VAZOUEZ
Case No:
Counts #: 1-2
W ire Fraud
18 U .S.C. $ 1343
* M ax. Penalty: 30 years' imprisonm ent
*Refers only to possible term of incarceration, does not include possible fines, restitution,
special assessm ents, parole terms, or forfeitures that m ay be applicable.
Case 1:21-cr-20231-DMM   Document 19   Entered on FLSD Docket 04/16/2021   Page 8 of 8

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