United States v. Emmanuel Bully, Jr. — S.D. Fla., No. 9:23-cr-80141-DMM

Case summary

Emmanuel Bully, Jr. was prosecuted in the U.S. District Court for the Southern District of Florida, No. 9:23-cr-80141-DMM, before District Judge Donald M. Middlebrooks. A criminal complaint sworn on August 16, 2023 charged him with wire fraud in violation of 18 U.S.C. § 1343 over an Economic Injury Disaster Loan application, and the government's proposed preliminary order of forfeiture states that a grand jury returned an indictment charging wire fraud on or around August 17, 2023 and that he pleaded guilty to that offense. A PROB 12B form records the original sentence, imposed December 7, 2023: twenty-four months in the custody of the Bureau of Prisons, two years of supervised release, a $100 special assessment and restitution of $503,235.00. He was released and began supervision on January 15, 2025.

Case at a glance

What was he charged with?

Wire fraud under 18 U.S.C. § 1343. The criminal complaint of August 16, 2023, sworn by an FBI special agent, states probable cause to believe that on or about September 27, 2021 in Palm Beach County he committed wire fraud. The PROB 12B form records the original offense as Count One, wire fraud, 18 U.S.C. § 1343, a Class C felony.

What does the complaint say about the loan?

The affidavit in support of the criminal complaint states that an EIDL application for MB Tax Services LLC falsely represented the corporation's gross revenues as $114,900 when it was not an active, functioning corporation and had no gross revenues; that the SBA approved an EIDL of $189,800 as a result; and that on or about October 4, 2021 the SBA deposited $189,800 into the bank account listed in the application, of which the defendant was the sole signatory. It states that bank records show the proceeds were spent for personal use and not on payroll costs, interest on a mortgage, rent or utilities.

What forfeiture and restitution figures appear?

The government's proposed preliminary order of forfeiture states that the plea agreement provided for a forfeiture money judgment of $503,335 in U.S. currency, that the presentence investigation report puts the correct amount at $503,235, that the defendant received $503,235 in CARES Act funds, and asks for a money judgment of $503,235 under 18 U.S.C. § 982(a)(2)(A) and Rule 32.2. Restitution was ordered in the amount of $503,235.00, and a PROB 12B request of April 29, 2025 asked the court to modify the conditions of supervision to set restitution payments at $150.00 per month.

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