Information as to Dejane Reaniece Lattany (1) count(s) 1 — USA v. Lattany (Dkt. 1, D. Colo.)

Record facts

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 1 · 2023-03-17 · Docket on CourtListener

Full text

1 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
Criminal Case No. 23-cr-00074-NYW  
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
1.
DEJANE REANIECE LATTANY,
Defendant.
INFORMATION 
The UNITED STATES ATTORNEY charges that: 
COUNT ONE     
18 U.S.C. § 1343 
General Allegations 
1.
The United States Small Business Administration (“SBA”) is an executive-
branch agency of the United States government that provides support to entrepreneurs 
and small businesses.   
2.
On March 27, 2020, the President of the United States signed into law the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which provided 
emergency assistance to small business owners suffering adverse economic effects 
caused by the Coronavirus (“COVID-19”) pandemic.  The CARES Act established 
several new temporary programs and expanded existing programs, including programs 
created or administered by the SBA.  Two sources of funding for small businesses were 
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 1
of 8

2 
 
the Paycheck Protection Program (“PPP”) and the Economic Injury Disaster Loans 
(“EIDL”) program.  The CARES Act mandated that only businesses in operation on 
February 15, 2020, for PPP, or before February 1, 2020, for EIDL, were eligible under 
the programs.   
3. 
The EIDL program was an SBA program that provided low-interest 
financing to small businesses in regions affected by declared disasters.  The CARES 
Act authorized the SBA to provide EIDLs to eligible small businesses experiencing 
substantial financial disruptions due to the COVID-19 pandemic.  In addition, the 
CARES Act authorized the SBA to issue advances of up to $10,000 to small 
businesses, known as Economic Injury Disaster Grants (“EIDG”). The amount of the 
EIDG was determined by the number of employees the applicant certified having.  The 
EIDGs did not need to be repaid. 
4. 
Until April 2021, under the EIDL program, a small business could receive 
a loan from the SBA in an amount of up to six months of working capital with a 
maximum of $150,000.  Thereafter, in April 2021, the SBA increased the EIDL limit to 
allow small businesses to receive loans in the amount of up to 24 months of working 
capital with a maximum of $500,000.  In order to obtain an EIDL and/or EIDG, a 
qualifying business was required to submit an application to the SBA and provide 
information about its operations, such as the number of employees and the entity’s 
gross business revenues and cost of goods sold in the twelve months prior to January 
31, 2020.  The amount of the loan, if approved, was determined in part based on the 
information provided concerning the gross revenue and cost of goods sold.  EIDL funds 
were issued directly by the SBA and were permitted to be used for payroll expenses, 
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 2
of 8

3 
 
sick leave, production costs, and business obligations, such as debts, rents, and 
mortgage payments.   
5. 
The CARES Act further authorized the PPP program, which provided 
forgivable loans to small businesses.  To obtain a PPP loan, a qualifying small business 
was required to submit a PPP loan application, signed by an authorized representative 
of the business, in which the applicant acknowledged the program rules and made 
certain affirmative certifications.  The applicant was also required to state the 
business’s: (a) average monthly payroll expenses; and (b) number of employees.  
These figures were used to calculate the loan amount that the business was eligible to 
receive under the PPP.  Businesses were also required to provide documentation 
showing their payroll expenses, such as filed federal income tax documents.   
6. 
PPP loan applications were received and processed, in the first instance, 
by a participating lender.  If a PPP loan application was approved, the participating 
lender funded the loan using its own monies, but the loans were guaranteed by the 
SBA.  Data from the application, including information about the borrower, 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.  The SBA paid participating lenders a 
processing fee for each funded PPP loan. 
7. 
The proceeds of a PPP loan could be used for certain specified items, 
such as payroll costs, mortgage interest payments, and utilities.  The proceeds of a PPP 
loan were not permitted to be used by the borrowers to purchase consumer goods, 
automobiles, real estate, to pay the borrower’s personal federal income taxes, or to fund 
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 3
of 8

4 
 
the borrower’s ordinary day-to-day living expenses unrelated to the specified authorized 
expenses. 
8. 
Small businesses could request forgiveness of up to the full amount of the 
PPP loan by filing a forgiveness application with the same lender.  The forgiveness 
application required the business to certify, among other things, that the loan was used 
for eligible payroll and other business costs, and that the business had verified the 
eligible payroll and nonpayroll costs for which the business requested forgiveness.  The 
business also was required to submit documentation to the lender verifying payroll 
costs. 
Individuals and Entities  
9. 
At all times relevant to the Information, DEJANE REANIECE LATTANY 
(“LATTANY”) was a resident of the State and District of Colorado. 
10. 
LATTANY was a purported sole proprietor and purported owner of the 
following businesses: Aggie’s Angel Care Providers, A&L Care Systems, Mind Set 
Consulting, IGU Management, Open Arms Secure Watch LLC, NB Marketing, and Rocky 
Ridge Consulting.   
The Scheme to Defraud 
11. 
Beginning in or around June 2020 and continuing through in or around 
January 2022, in the State and District of Colorado and elsewhere, LATTANY devised 
and intended to devise a scheme to defraud and to obtain money and property from the 
United States and participating lenders by means of materially false and fraudulent 
pretenses, representations and promises (hereinafter referred to as the “Scheme”).  It 
was part of the Scheme that:  
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 4
of 8

5 
 
12. 
From in or around June 2020 through in or around January 2022, 
LATTANY prepared and submitted fraudulent EIDL applications to the SBA on behalf of 
business entities that she purportedly owned.   
13. 
In these fraudulent EIDL applications, LATTANY made material false 
statements regarding the entities’ number of employees, gross revenues, and cost of 
goods sold; she further falsely certified that the information provided in the EIDL 
applications was true and accurate and that the funds would be used to pay payroll and 
other permissible expenses when, in fact, she used the bulk of the proceeds for her 
personal benefit.   
14. 
The SBA approved and funded five EIDL applications and three EIDGs for 
a total of $430,000 in EIDLs and $20,000 in EIDGs.   
15. 
From in or around June 2020 through December 2021, LATTANY 
submitted fraudulent PPP applications to participating lenders on behalf of business 
entities that she purportedly controlled and obtained $2,887,976.94 in PPP loans as a 
result of the Scheme.   
16. 
These PPP applications contained a number of materially false and 
fraudulent certifications and representations regarding, inter alia, LATTANY’S 
ownership of other businesses, as well as the businesses’ average monthly payroll and 
number of employees.  LATTANY further falsely represented that all PPP funds would 
be used to pay eligible business expenses, when, in fact, the bulk of the proceeds were 
used for LATTANY’S personal benefit.  LATTANY also submitted false and fraudulent 
documentation in support of the PPP applications to the participating lenders.   
17. 
LATTANY also sought loan forgiveness for PPP loans by submitting loan 
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 5
of 8

6 
 
forgiveness applications in which she made materially false representations and 
certifications regarding her businesses and her compliance with the PPP program rules, 
including rules related to the eligible uses of PPP loan proceeds.  
18. 
In total, $3,337,976.94 of PPP, EIDL, and EIDG proceeds were paid out 
as a result of the Scheme.   
19. 
In addition to the PPPs, EIDLs, and EIDGs that were funded by third-party 
lenders and the SBA, LATTANY submitted additional fraudulent PPP, EIDL and EDIG 
applications that were declined or rejected prior to funding.  The SBA had quoted loan 
amounts totaling $3,071,200 during the initial loan application process for ten additional 
fraudulent EIDL applications and two additional fraudulent EIDL modifications that were 
ultimately declined, and the SBA declined LATTANY’s request for an additional $34,000 
of EIDGs.  Third-party lenders likewise quoted loan amounts totaling $895,832 during 
the initial loan application process for two fraudulent PPP loans that were ultimately 
declined. 
Execution of the Scheme 
20. 
For the purpose of executing the Scheme described in paragraphs 11–19 
above, defendant LATTANY caused to be transmitted the following interstate wire 
communication pertaining to an EIDL that LATTANY applied for on behalf of Aggies 
Angel Care Provider: on or about June 19, 2020, the SBA in Denver, Colorado created 
and certified the payment file for a loan to Aggies Angel Care Provider and transmitted it 
via interstate wire communication from Colorado to the U.S. Treasury processing site 
located in the Kansas City Regional Operations Center in Kansas City, Missouri.   
All in violation of Title 18, United States Code, Section 1343. 
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 6
of 8

7 
 
Forfeiture Allegation 
21. 
The allegations contained in Count One of this Information are hereby re-
alleged and incorporated by reference for the purpose of alleging forfeiture pursuant to 
the provisions of 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c).     
22. 
Upon conviction of the violation alleged in Count One of this Information 
involving the commission of violation of Title 18, United States Code, Section 1343, the 
defendant shall forfeit to the United States, pursuant to Title 18, United States Code, 
Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c) any and all of 
the defendant‘s right, title and interest in all property constituting and derived from any 
proceeds the defendant obtained directly and indirectly as a result of such offense, 
including, but not limited to: 
a) 
11125 Quintero Court, Commerce City, Colorado, 80022;  
b) 
$17,344.39 seized from Sunflower Bank Checking Account 
#1100035300;  
c) 
2009 Hummer Sut Luxury, VIN: 5GRGN02279H100429;  
d) 
2008 Hummer Utility Passenger Vehicle, VIN: 
5GRGN23828H101341;  
e) 
$945,572.89 seized from Canvas Credit Union Checking Account # 
626207; and  
f) 
a money judgment in the amount of proceeds obtained by the 
scheme and by the defendant. 
 
23. 
If any of the property described above, as a result of any act or omission 
of the defendant: 
a) 
cannot be located upon the exercise of due diligence; 
b) 
has been transferred or sold to, or deposited with, a third 
party; 
c) 
has been placed beyond the jurisdiction of the Court; 
d) 
has been substantially diminished in value; or 
e) 
has been commingled with other property which 
cannot be subdivided without difficulty; 
 
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 7
of 8

8 
 
it is the intent of the United States, pursuant to Title 21, United States Code, Section 
853(p), as incorporated by Title 28, United States Code, Section 2461(c), to seek 
forfeiture of any other property of said defendant up to the value of the forfeitable 
property. 
COLE FINEGAN 
UNITED STATES ATTORNEY 
 
By:  
s/ Nicole C. Cassidy  
Nicole C. Cassidy 
s/ Rebecca S. Weber 
Rebecca S. Weber 
Assistant United States Attorney 
1801 California Street, Suite 1600 
Denver, CO 80202 
Phone: (303) 454-0100 
Fax: (303) 454-0402 
nicole.cassidy@usdoj.gov 
rebecca.weber@usdoj.gov 
 
 
Case No. 1:23-cr-00074-NYW     Document 1     filed 03/17/23     USDC Colorado     pg 8
of 8

File and source

File

gov.uscourts.cod.223008.1.0.pdf

Size

171,008 bytes

SHA-256

a4fbfe94124cfe2ea180cf7211ef4e8e62b594646493606b3931e8f56f3f431b

Our copy

gov.uscourts.cod.223008.1.0.pdf

Original

PACER (login required)