Court filing
Exhibit 7 — USA v. Crowther (Dkt. 136.5)
Summary
SBA Form 2484, the Lender Application Form for Paycheck Protection Program Loan Guaranty, filed March 31, 2021 as Doc. 136-5, Exhibit 7 in USA v. Crowther, No. 2:20-cr-00114, in the U.S. District Court for the Middle District of Florida. It names Sanibel Captiva Community Bank as lender and Target Roofing and Sheet Metal Inc. as applicant. The loan structure section lists a Guarantee of 100%, Payment: Deferred 6 mos., and an Interest Rate of 1%. Further sections cover eligibility, character determination, prior loss to government, fees and a lender certification, with an Authorized Lender Official line naming Kyle DeCicco, Vice President, dated 4/13/20.
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Filed March 31, 2021 in USA v. Crowther; one of 365 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2021-03-31 |
Cite this document
“Exhibit 7 — USA v. Crowther (Dkt. 136.5).”
U.S. District Court for the Middle District of Florida, No. 2:20-cr-00114, Doc. 136-5, filed 2021-03-31. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-casey-david-crowther-flmd-381779/2021-03-31-gov-uscourts-flmd-381779-136-5-doc-136-5/
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P. 1973 OMB Control Kio.:'3245-0407 aycheck Protection Program ination Date, 091302020 Lender Application Form - Paycheck Protection Program Loan Guaranty The purpose of this form is to collect identifying information about the Lender, the Applicant, the loan guaranty request, sources and uses of funds, the proposed structure (which includes pricing and the loan term), and compliance with SBA Loan Program Requirements. This form reflects the data ftelds that will be collected electronically from lenders; no paper version of this form is required or permitted to be submitted. As used in this application, “Paycheck Protection Program Rule” refers to the rules in effect at the time you submit this application 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). Instructions for Lenders All Paycheck Protection Program (PPP) loans are processed by all Lenders under delegated authority from SBA. This application must be submitted and signed electronically in accordance with program requirements, and the information requested is to be retained in the Lender’s Ioan file. A. Lender Information Lender Name: Sanibel Captiva Community Bank Lender Location ID: 317474 Address: 2475 Library Way City: Sanibel St! FL Zip: 33957 Lender Contact: Kirk Williams Ph: 2393472-6100 Cell or Ext: (239-210-2216 Contact Email: kwilliams@sancapbank.com Title: Senior Credit Analyst Check One: Q Sole Proprietor O Partnership O C-Corp C¥S-Corp QO LLC OD Independent contractor O Eligible self-employed individual O 501(c)(3) nonprofit O1 501(c)(19) veterans organization O Tribal business (sec. 31(b)(2)(C) of Small Business Act) QO Other i Applicant Legal Name: Target Roofing and Sheet Metal Inc. B DBA: Business Tax ID: 47-4767409 Applicant Address: 1841 Ortiz Avenue City, State, Zip: Fort Myers, FL 33905 Applicant Primary Contact: Bf#d North Phone: (239-332-5707 C. Loan Structure Information ; Amount of Loan Request: $2,098,760 | Guarantee %; | 100% | Loan Term in # of Months: | 24 Payment: Deferred 6 mos. Applicant must provide documentation to Lender supporting how the loan amount was calculated in accordance with the Paycheck Protection Pro Rule and the CARES Act, and Lender must retain all such supporting documentation in Lender’s file. Interest Rate: 1% D. Loan Amount Information. Average Monthly Payroll multiplied by 2.5 $ 2,098,700 Refinance of Eligible Economic Injury Disaster Loan, net of Advance (if Applicable; see Paycheck $ Protection Program Rule) Total § 2,098,700 E. General Eligibility (Jf the answer is no to either, the loan cannot be approved) © The Applicant has certified to the Lender that (1) it was in operation on February 15, 2020 and had employees for whom the Applicant paid salaries and payroll taxes or paid independent contractors, as reported on Form(s) 1099- MISC, (2) current economic uncertainty makes this loan request necessary to support the ongoing operations of the Elyes [No Applicant, (3) the funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments, and (4) the Applicant has not received another Paycheck Protection Program loan. @ The Applicant has certified to the Lender that it (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, meets the size C1 Yes [B]No standard in number of employees established by the SBA in 13 C.F.R. 121.201 for the Applicant’s industry. F. Applicant Certification of Eligibility (if not true, the loan cannot be approved) © ___The Applicant has certified to the Lender that the Applicant is eligible under the Paycheck Protection Program Rule. @ True G. Franchise/License/Jobber/Membership or Similar Agreement ([fapplicable and no, the loan cannot be approved) — e@ The Applicant has represented to the Lender that it is a franchise that is listed in the SBA’s Franchise Directory. OYes No SBA Form 2484 (Revised 04/20) 1 EX_7_001 Case 2:20-cr-00114-JES-M_M Document 136-5 Filed 03/31/21 Page 2 of 2 PagelD : 1574 H. Character Determination (7/no, the loan cannot be approved) © The Applicant has represented to the Lender that neither the Applicant (if an individual) nor any individual owning 20% or more of the equity of the Applicant is subject to an indictment, criminal information, arraignment, or other MYes ONo means by which formal criminal charges are brought in any jurisdiction, or is presently incarcerated, or on probation or parole. @ The Applicant has represented to the Lender that neither the Applicant (if an individual) nor any individual owning 20% or more of the equity of the Applicant has within the last 5 years, for any felony: 1) been convicted; 2) pleaded Yes ONo guilty; 3) pleaded nolo contendere; 4) been placed on pretrial diversion; or 5) been placed on any form of parole or probation (including probation before judgment), I. Prior Loss to Government/Delinquent Federal Debt (If no, the loan cannot be approved) @ The Applicant has certified to the Lender that neither the Applicant nor any owner (as defined in the Applicant’ s SBA Form 2483) is presently suspended, debarred, proposed for debarment, declared ineligible, voluntarily @ Yes O No excluded from participation in this transaction by any Federal department or agency, or presently involved in any bankruptcy. ©@ The Applicant has certified to the Lender that neither the Applicant nor any of its owners, nor any business owned or controlled by any of them, ever obtained a direct or guaranteed loan from SBA or any other Federal @ Yes QO No agency that is currently delinquent or has defaulted in the last 7 years and caused a loss to the government. J. U.S. Employees (If no, the loan cannot be approved) © The Applicant has certified that the principal place of residence for all employees included in the Applicant’ s @ Yes O No payroll calculation is the United States. K. Fees (Ifyes, Lender may not pass any agent fee through to the Applicant or offset or pay the fee with the proceeds of this loan) e Is the Lender using a third party to assist in the preparation of the loan application or application materials, or to OyYes No perform other services in connection with this loan? SBA Certification to Financial Institution under Right to Financial Privacy Act (12 U.S.C. 3401) By signing SBA Form 2483, Borrower Information Form in connection with this application for an SBA-guaranteed loan, the Applicant certifies that it has read the Statements Required by Law and Executive Orders, which is attached to Form 2483. As such, SBA certifies that it has complied with the applicable provisions of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401) and, pursuant to that Act, no further certification is required for subsequent access by SBA to financial records of the Applicant/Borrower during the term of the loan guaranty. Lender Certification On behalf of the Lender, I certify that: e The Lender has complied with the applicable lender obligations set forth in paragraphs 3.b(i)-(iii) of the Paycheck Protection Program Rule. ¢ The Lender has obtained and reviewed the required application (including documents demonstrating qualifying payroll amounts) of the Applicant and will retain copies of such documents in the Applicant’s loan file. I certify that: e Neither the undersigned Authorized Lender Official, nor such individual’s spouse or children, has a financial interest in the Applicant. Authorized Lender Official: AS SL Date: 4/13/20 / Signature Kyle DeCicco Tite. oF. Vice President Type or Print Name: NOTE: According to the 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 burden for completing this form, including time for reviewing instructions, gathering data needed, and completing and reviewing the form is 25 minutes per response. Comments or questions on the burden estimates should be sent to U.S. 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, Rm. 10202, Washington DC 20503. PLEASE DO NOT SEND FORMS TO THESE ADDRESSES. SBA Form 2484 (Revised 04/20) 2 EX_7_002
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