Christopher Leo Daragjati fraud case — M.D. Fla., Jacksonville Division

Case summary

Christopher Leo Daragjati was prosecuted in the U.S. District Court for the Middle District of Florida, Jacksonville Division, No. 3:23-cr-00048-TJC-LLL. The arrest warrant describes the offenses as wire fraud, aggravated identity theft, false representation of a Social Security number and theft of government property, in violation of 18 U.S.C. § 1343, 18 U.S.C. § 1028A, 42 U.S.C. § 408(a)(7)(B) and 18 U.S.C. § 641. On July 20, 2023 he pleaded guilty to counts one, four, eleven, twelve and thirteen of the indictment under a plea agreement providing that the remaining counts would be dismissed at sentencing, and the court accepted the plea and adjudicated him guilty on July 24, 2023. His sentencing memorandum asked for 39 months of imprisonment followed by 36 months of supervised release.

Case at a glance

What did Daragjati plead guilty to?

Counts one, four, eleven, twelve and thirteen of the indictment, at a hearing before a magistrate judge on July 20, 2023 to which he consented under Rule 11. The plea agreement provided that counts two and three, five through ten, and fourteen through twenty would be dismissed at sentencing. The district court adopted the report and recommendation and entered an acceptance of plea, adjudication of guilt and notice of sentencing on July 24, 2023.

What was the sentencing dispute about?

Whether the two-level enhancement at USSG § 2B1.1(b)(12), which applies when an offense involved conduct described in 18 U.S.C. § 1040, reaches PPP loan fraud. The defense memorandum states that the Probation Office applied it and argues it should not, on the ground that PPP loans were created by the CARES Act rather than by the presidential emergency or disaster declarations referred to in § 1040 and the Stafford Act. The memorandum also objects to including intended but unsustained losses in the loss calculation under § 2B1.1(b)(1).

Who is listed for restitution?

The schedule filed March 20, 2024 lists Sunbelt Rental, Inc. at $188,495, the Small Business Administration at $150,572.50, Badcock Home Furniture & More at $7,949.31, Lendmark Financial Services at $6,756.48, the IRS at $3,631, H&R Block at $1,500, and smaller amounts for several pawn and tax-preparation businesses.

Summary written from the documents on this page; every sentence is sourced.