STIPULATED FACTUAL BASIS/FACTUAL PROFFER STATEMENT as to Willie Curry. (cg1) — United States v. Curry (Dkt. 16)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:21-cr-20415-JLK · Doc. 16 · 2021-08-30 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 21-20415-Cr-KlNG/BECERRA
UNITED STATES OF AMERICA
V.
W ILLIE CURRY,
Defendant
/
STIPULATED FAGTUAL BASIS
The United States and W ILLIE CURRY Cthe defendanf') hereby stipulate and
agree thal had this matter proceeded to trial, the United States would have offered
evidence and testimony to establish the following factual basis beyond a reasonable
doubt:
The defendant, who resided in Miami-Dade County, in the Southern District of
Florida, was at aIl relevant times employed by Mlami-Dade County on a full-time basis as
a Network Manager. During the calendar years 2019 and 2020, the defendant remained
a full-time employee of Miami-Dade County and he suffered no Ioss in salary due to the
COVlm 19 pandemic. At aII relevanttimes, the defendant had accounts at Dade Federal
Credit Union ('DFCUD and Bank of America (uBOA'').
The United States Small Business Administration CSBAD) was an agency of the
executive branch of the Government of the United States. The Coronavirus Aid, Relief,
and Economic Securik ('CARES'') Act was a federal Iaw enaded in or around March
2020 that was designed to provide emergency financial assistance to the mlllions of
Case 1:21-cr-20415-JLK   Document 16   Entered on FLSD Docket 08/30/2021   Page 1 of 4

l
;
Americans who were suffering the economic effects caused by the COVlD-19 pandem ic. 
. 
'
The CARES Act authorized and provlded funting to the SBA to provide Economlc lnjury 
' 
,
@
Disaster Loans ('ElDLs'') to eligible small businesses, including sote proprietorshlps and 
;
l
independent contractors, experiencing substantial financlal disruptions due to the COVID- 
' 
:
k
19 pandemic to allow them to meet financial obligations and operating expenses that 
' 
.
could have been met had the disaster not occurred.
1
d to submit 
:
To obtain a COVID-19 EIDL, a qualifying for-prost business was require
!
an EIDL application to the SBA and provide information about its operations, suoh as the 
!
l
numberof employees
, grcss revenues, and the cost of goods sold forthe lz-month period 
t 
,
! 
:
I
. 
preceding Janua!y 31, 2020- The applicant also was required to certify under penalty of 
j
1 
,
 
perjury that alI the information in the application was tfue and correct. EiDL applications 
::
i
were submitted directly to and processed by the SBA. The amount of the loan approved 
i 
l
was determined based, in part, on the information provided in the appllcation concerning 
ï
the numberof employees, gross revenues, and cost of goods sold, and the Ioan proceeds 
?
- 
y 
1
were issued directly by the United States government to the financial institution account 
: 
.
 
'
provided by the applicant. 
t
l 
!
On or about June 24, 2020, 1he defendant, via interstate wire communications, 
1 
:
. 
: 
t
:
 
submitted to the SBA an on-line EIDL application siating that he was the 100% owner of 
)
) 
1
 
. 
a sole proprietorship operating under the name MW iII Curry Computers.'' The electronic 
'
7
; 
$
tfansmission of that application caused a wire transm ission from the Southern Distrid of 
q 
y
 
t 
!
Florida to outside the State of Florida. In that application, the defendant falselv and 
' 
t
 
'* 
't
 
fraudulently certiqed that W ill Curry Computers was established on January 1, 2015. He 
, 
i
' 
q
. 
2 
'
l 
'
)
Case 1:21-cr-20415-JLK   Document 16   Entered on FLSD Docket 08/30/2021   Page 2 of 4

also falsely ceriifed that for the twelve (12) month period prior to Janual 31, 2020, Will
Curry Compders had gross revenues of approximatelg $755,416, a cost of goods sold of
approximately $170,664, and 10 employees. ln reality, and as the Jefendant knew, the
defendant established W ill Curry Computers in 2020, it had only minimal gross revenues
and cost of goods sold during the twelve-month period prior to January 31, 2020, and it
had no other em ployees.
Based on the defendant's materially false and fraudulent EIDL application,
including his false statements about the gross revenues, cost of goods sold, and num ber
of employees of W ill Curry Computers, the SBA, on or about June 29, 2020, disbursed a
$10,000 advance via Electronic Funds Transfer to DFCU for deposit to the defendant's
account fhere, and on or about July 16, 2020, disbursed $150,000 in EIDL proceeds via
Electronic Funds Transferto DCFU intended for deposit in the defendant's accountthere.
These Electronic Funds Transfers caused wire comm unications from outside the State of
Florida to the Southern District of Florida. Although the SBA disbursed these funds
Intented for the defendant's benefit based on his EIDL application, DFCU instead
returned these disbursements to the SBA.
After being notified by DFCU that they would not be accepting the EIDL proceeds,
the defendant, on or aboutluly 20, 2020, contacted the SBA via telephone and requested
that the SBA instead send the loan proceeds to the account he maintained at BOA. R e
!ik
'
-.
defendant subsequently made additional telephone calls to SBA regarding his request to 
il
I 
t
have the EIDL funds disbursed to h1s BOA account
, butdespite the defendant s continued
efforts, !he SBA ultimately did not disburse the funds to BOA.
Case 1:21-cr-20415-JLK   Document 16   Entered on FLSD Docket 08/30/2021   Page 3 of 4

The United States and the defendant agreethat this Stlpulated Factual Basis, while
not containing alI faots known to the United States, is su/cient to satisfy aII the elements 
)
blishing the guilt of the defendant to the crime charged in the Information. 
t
esta
1
!
JUAN ANTONIO GONM LEZ
ACTING UNITED STATES AU ORNEY
8/19/2021
Date:
sf q. îzh
Date: 
,
c''- 
z/ .5'
By:
Edward N, Stamm
Assistant United State 
e
By- .
. 
Reinaldo J. o ; .
orney for Defendant
r)
By: 
- dz
W illie Curry
Defendant
î-)7- z/
Date: 
-
Case 1:21-cr-20415-JLK   Document 16   Entered on FLSD Docket 08/30/2021   Page 4 of 4

File and source

File

gov.uscourts.flsd.597611.16.0.pdf

Size

173,909 bytes

SHA-256

2a39563dd3b1bbd9698ee12ad57c710641245ec3624eb09f670c2c998d7d2adc

Our copy

gov.uscourts.flsd.597611.16.0.pdf

Original

PACER (login required)