Court filing
Exhibit 98 — USA v. McCabe (Dkt. 91.82)
Filed March 10, 2025 in USA v. McCabe; one of 219 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2025-03-10 |
U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 91-82 · 2025-03-10 · Docket on CourtListener
Full text
_____________________________________________________ ____________________________ _____________________________________________________ ____________________________ Paycheck Protection Program PPP Loan Forgiveness Application Form 3508S Revised January 19, 2021 OMB Control No.: 3245-0407 Expiration Date: 7/31/2021 A BORROWER MAY USE THIS FORM ONLY IF THE BORROWER RECEIVED A PPP LOAN OF $150,000 OR LESS Business Legal Name (“Borrower”) DBA or Tradename, if applicable Business Address NAICS Code Business TIN (EIN, SSN) Business Phone ( ) - Primary Contact E-mail Address ☐First Draw PPP Loan ☐ Second Draw PPP Loan (check one) SBA PPP Loan Number: ________________________ Lender PPP Loan Number: __________________________ PPP Loan Amount: _____________________________ PPP Loan Disbursement Date: ________________________ Employees at Time of Loan Application: ___________ Employees at Time of Forgiveness Application: __________ Covered Period: ________________________ to ________________________ If Borrower (Together with Affiliates, if Applicable) Received First Draw PPP Loans of $2 Million or More or Second Draw PPP Loans of $2 Million or More, Check Here: ☐ Amount of Loan Spent on Payroll Costs: _______________ Requested Loan Forgiveness Amount: _________________ By Signing Below, You Make the Following Representations and Certifications on Behalf of the Borrower: The Authorized Representative of the Borrower certifies to all of the below by initialing next to each one. _____ The Borrower has complied with all requirements in the Paycheck Protection Program Rules (Sections 7(a)(36), (7)(a)(37), and 7A of the Small Business Act, the PPP interim final rules, and guidance issued by SBA through the date of this application), including the rules related to: • eligible uses of PPP loan proceeds; • the amount of PPP loan proceeds that must be used for payroll costs; • the calculation and documentation of the Borrower’s revenue reduction (if applicable); and • the calculation of the Borrower’s Requested Loan Forgiveness Amount. Information regarding these requirements may be found in the Form 3508S Instructions and the Paycheck Protection Program Rules. _____ The information provided in this application is true and correct in all material respects. I understand that knowingly making a false statement to obtain forgiveness of an SBA-guaranteed loan is punishable under the law, including 18 U.S.C. 1001 and 3571 by imprisonment of not more than five years and/or a fine of up to $250,000; under 15 U.S.C. 645 by imprisonment of not more than two years and/or a fine of not more than $5,000; and, if submitted to a Federally insured institution, under 18 U.S.C. 1014 by imprisonment of not more than thirty years and/or a fine of not more than $1,000,000. Following submission of this forgiveness application, the Borrower must retain all records necessary to prove compliance with Paycheck Protection Program Rules for four years for employment records and for three years for all other records. SBA may request additional information for the purposes of evaluating the Borrower’s eligibility for the PPP loan and for loan forgiveness, and the Borrower’s failure to provide information requested by SBA may result in a determination that the Borrower was ineligible for the PPP loan or in a denial of the Borrower’s loan forgiveness application. The Borrower’s eligibility for loan forgiveness will be evaluated in accordance with the Paycheck Protection Program Rules. SBA may direct a lender to disapprove the Borrower’s loan forgiveness application if SBA determines that the Borrower was ineligible for the PPP loan. Signature of Authorized Representative of Borrower Date Print Name Title SBA Form 3508S (01/21) Dustin Mccabe DSM president 713990 Jupiter, FL 33458 803 Promenade Way,104 DSM dmccabe1075@gmail.com Dustin Sean McCabe 20385.00 45ec815b-563e-44d7-8f4d-acc700f6a283 2021-02-08 5 20385.00 2021-07-25 4387648301 5 20385.00 2021-08-09 2021-02-08 472429247 561 676 1230 Florida Scuba Charters Inc Dustin Sean McCa be Case 9:24-cr-80103-AMC Document 91-82 Entered on FLSD Docket 03/10/2025 Page 1 of 2 24-CR-80103-AMC GX98 Paycheck Protection Program PPP Loan Forgiveness Application Form 3508S Revised January 19, 2021 PPP Borrower Demographic Information Form (Optional) Instructions 1. Purpose. Veteran/gender/race/ethnicity data is collected for program reporting purposes only. 2. Description. This form requests information about each of the Borrower’s Principals. Add additional sheets if necessary. 3. Definition of Principal. The term “Principal” means: • For a self-employed individual, independent contractor, or a sole proprietor, the self-employed individual, independent contractor, or sole proprietor. • For a partnership, all general partners and all limited partners owning 20% or more of the equity of the Borrower, or any partner that is involved in the management of the Borrower’s business. • For a corporation, all owners of 20% or more of the Borrower, and each officer and director. • For a limited liability company, all members owning 20% or more of the Borrower, and each officer and director. • Any individual hired by the Borrower to manage the day-to-day operations of the Borrower (“key employee”). • Any trustor (if the Borrower is owned by a trust). • For a nonprofit organization, the officers and directors of the Borrower. 4. Principal Name. Insert the full name of the Principal. 5. Position. Identify the Principal’s position; for example, self-employed individual; independent contractor; sole proprietor; general partner; owner; officer; director; member; or key employee. Principal Name Position Veteran 1=Non-Veteran; 2=Veteran; 3=Service-Disabled Veteran; 4=Spouse of Veteran; X=Not Disclosed Gender M=Male; F=Female; X=Not Disclosed Race (more than 1 may be selected) 1=American Indian or Alaska Native; 2=Asian; 3=Black or African-American; 4=Native Hawaiian or Pacific Islander; 5=White; X=Not Disclosed Ethnicity H=Hispanic or Latino; N=Not Hispanic or Latino; X=Not Disclosed Disclosure is voluntary and will have no bearing on the loan forgiveness decision 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 time for completing this application, including gathering data needed, is 15 minutes. Comments about this time or the information requested should be sent to 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, Washington DC 20503. PLEASE DO NOT SEND FORMS TO THESE ADDRESSES. SBA Form 3508S (01/21) 1 President 5 N M Dustin McCabe Case 9:24-cr-80103-AMC Document 91-82 Entered on FLSD Docket 03/10/2025 Page 2 of 2
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