Court filing
Exhibit 1 — USA v. Sheppard (Dkt. 214-1, S.D. Fla.)
Filed February 23, 2024 in USA v. Sheppard; one of 253 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-02-23 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 214-1 · 2024-02-23 · Docket on CourtListener
Full text
EXHIBIT 1 Case 1:22-cr-20290-BB Document 214-1 Entered on FLSD Docket 02/23/2024 Page 1 of 7 Partnership Summary (VERIFIER): Business Type (e.g. restaurant, retail, hospitality, etc): Enter Business Type ‐ Restaurant, Retail, Hospitality, etc. Is this a First Draw (SBA Form 2483) or Second Draw (SBA Form 2483‐SD) application?: Second Draw If this is a Second Draw application, does the Borrower's NAICS Code start with '72'?: No Number of employees: 19 Loan amount requested: $148,397 Application (VERIFIER): Are the application fields completed and initialed? Select Yes or No in the cell dropdown Are Questions #1 and #2 answered "No"? Select Yes or No in the cell dropdown Second Draw: Are Questions #4 and #5 answered "No" | First Draw: Are Questions #5 and #6 answered "No"? NOTE: these are the questions related to felonies, and loan/government assistance fraud Is the US the place of residence for all employees included in calculation? NOTE: Question #6 on Second Draw, Question #7 on First Draw Select Yes or No in the cell dropdown Select Yes or No in the cell dropdown Select Yes or No in the cell dropdown Is the Application OK?: No Revenue Decline (VERIFIER): What form of support did the Borrower provide for the revenue decline?: What is the earlier (HIGHER REVENUE) quarter or year: What is the later (LOWER REVENUE) quarter or year: 25% Revenue Decline OK?: Incomplete Calculator (UNDERWRITER): Borrower's Requested Loan Amount: $148,397 SUM 941s Number of Employees: 19 Amount Exceeds MAX Amount per Employee?: NO Q1 Q2 Q3 Q4 TOTAL Enter Amount from 2019 or 2020 Schedule K‐1 (IRS FORM 1065) box 14a capped at $108,284 per partner: $0 Eligible K‐1 Amount (NOTE 1): $0 NOTE 1: The calculation allows for the $100,000 amount to be grossed up based Enter gross wages and tips paid to employees (NOTE 2): on the self employment tax which is done automatically in the template (to $108,284). Enter amounts paid above $100,000 for employees making more than $100,000 (as a positive number): Note: if there is an amount in Box 12 of the K‐1, subtract that amount from the box 14a amount prior to applying the $108,284 cap Enter amounts paid to employees residing outside of the United States (as a positive number): NOTE 2: From either four (4) IRS FORM 941s, line 5c Column 1, or IRS FORM 940 line 3 Enter contributions for employee health insurance (NOTE 3): NOTE 3: Portion of IRS Form 1065 line 19 attributable to health insurance Enter contributions to employee retirement plans (NOTE 4): NOTE 4: IRS Form 1065 line 18 Select Yes or No in the cell dropdown Verifier Action Required: Complete Application Review Verifier Action Required: Complete the Revenue Decline Calculation Select Yes or No in the cell dropdown Verifier Action Required: Complete Review Steps PPP Loan Approval HM‐UP DEVELOPMENT ALAFAYA TRAILS LLC YOU ARE IN THE WRONG TAB Does every owner listed as a 20% owner or greater on the application have a Name, Address, Date of Birth and Social Security Number listed? Refer to the Additional Owner/Guarantor section on the Application tab to confirm DOB. Does the name of the business on the payroll support forms match the Application and, If we do have tax forms, does the Tax ID on the tax forms match the Application? Does name of Entity or d.b.a. per Application match cancelled check; AND is the Driver's License or Passport active (not expired)? The Business/Borrower address is NOT at P.O. Box? Does the routing number and account number on the check match the routing number listed in the portal? If leading zeros are omitted from the account number only, answer "Yes". Routing numbers must be an exact match. If we do not have a check, follow the bank statement review process in the Verifier User Guide. Case 1:22-cr-20290-BB Document 214-1 Entered on FLSD Docket 02/23/2024 Page 2 of 7 Enter employer state and local taxes assessed on employee compensation (NOTE 5): NOTE 5: From state quarterly wage reporting forms Eligible Annual payroll: $0 (commonly referred to as State Unemployment Tax Act, or SUTA) Monthly Average payroll: $0 Preliminary Eligible Loan Amount: $0 Calculated variance from Borrower's Request: ‐100% $0 Is the Loan Amount OK?: NO Why Not?: Variance Application (UNDERWRITER): Select Yes or No in the cell dropdown Select Yes or No in the cell dropdown NOTE: these are the questions related to felonies, and loan/government assistance fraud NOTE: Question #6 on Second Draw, Question #7 on First Draw Select Yes, No, or N/A in the cell dropdown NOTE: Question #6 on Second Draw, Question #7 on First Draw Is the Application OK?: No Risk Assessment ‐ Individual (UNDERWRITER): Is 'Date of Death' in the 'Subject' section of the Individual CLEAR report blank? ONLY APPLICABLE FOR PARTNERSHIPS REGISTERED AS LLC Risk Assessment ‐ Business (UNDERWRITER): IF NOT REQUIRED SELECT N/A NOTE: If ‘Corporate Filings ’ section of Business CLEAR Report includes filings with multiple states, utilize the information related IF NOT REQUIRED SELECT N/A to the ‘Filing State’ that corresponds with state associated with the state listed as the business address per application. IF NOT REQUIRED SELECT N/A ONLY APPLICABLE FOR LOANS >=$150,000 and/or PARTNERSHIPS NOT REGISTERED AS LLC Risk Assessment ‐ Business (UNDERWRITER): IF NOT REQUIRED SELECT N/A If an internet search was used to pass this stage, paste the link: Undewriter Action Required: Complete Review Steps Does the individual applicant’s Address per the application agree to at least one of the following: • A recent address (within the past three years) listed in the ‘Possible Addresses Associated with Subject’ section of Individual applicant’s CLEAR Report? • An address listed in the ‘Business Profile Records’ section or ‘Corporate Filings’ section of the Business CLEAR Report? Does the Business Name per application agree to Business Name per ‘Corporate Filings’ section of Business CLEAR Report? Is (i) the Business listed as ‘ACTIVE ’ under the title labeled ‘Status: ’ per the ‘Corporate Filings ’ section of Business CLEAR Report?, OR (ii) If the Business is NOT listed as ‘ACTIVE’ per the 'Corporate Filings' section of the Business CLEAR Report, is the most‐recent Effective Date under Officers and Registered Agents after February 15, 2020? Underwriter Action Required: Complete Application Review Is the Business ‘Filing Date: ’ per the ‘Corporate Filings ’ section of Business CLEAR Report prior to February 15, 2020? THIS IS THE LOAN AMOUNT THAT SHOULD BE IN THE PORTAL: Does the Approved Loan Amount in the portal match the amount in CELL G42 and the signed Application?: If a NAICS Code '72' loan, do the Application and Tax Documents (if provided) match?: Is application complete, initialed & signed and do the signature and initials match the Applicant? Are Questions #1 and #2 answered "No"? Second Draw: Are Questions #4 and #5 answered "No" | First Draw: Are Questions #5 and #6 answered "No"? Is the US the place of residence for all employees included in calculation? Confirm business is legitimate through one of the following: a. Company website b. Google/yelp reviews c. LinkedIn or Facebook page Name, SSN, & DOB of Applicant match application, driver's license/passport, & 'Subject' section of Individual CLEAR report? Case 1:22-cr-20290-BB Document 214-1 Entered on FLSD Docket 02/23/2024 Page 3 of 7 ONLY APPLICABLE FOR LOANS >=$150,000 Risk Assessment ‐ Business (UNDERWRITER): IF NOT REQUIRED SELECT N/A If an internet search was used to pass this stage, paste the link: RISK REVIEW Individual: Business: UNDERWRITING RESULT Loan Review: FAIL Risk Review: FALSE ACTION: WRONG TAB RETURN TO VERIFIER If you answered No to any of the above questions, you must provide an explanation as a Case Note in the file and assign to the risk group as outlined in the User Guide. * Upon completion, this worksheet must be uploaded to the lender portal, regardless of approval status Tie Individual Applicant to Business through one of the following: a. Listed as Officer or Registered Agent under 'Corporate Filings Section' if an LLC b. Listed as Officer on Company Website c. Listed as Officer on LinkedIn d. Listed as Officer through other online search (i.e. news articles, google/yelp reviews, etc.) Underwriter: please complete all the Risk sections, selecting N/A for any that are not applicable for this application. Underwriter: please complete all the Risk sections, selecting N/A for any that are not applicable for this application. Underwriter: please complete all the Risk sections, selecting N/A for any that are not applicable for this application. Case 1:22-cr-20290-BB Document 214-1 Entered on FLSD Docket 02/23/2024 Page 4 of 7 Corporations & Non‐Profits Summary (VERIFIER): Business Type (e.g. restaurant, retail, hospitality, etc): Enter Business Type ‐ Restaurant, Retail, Hospitality, etc. Is this a First Draw (SBA Form 2483) or Second Draw (SBA Form 2483‐SD) application?: Second Draw If this is a Second Draw application, does the Borrower's NAICS Code start with '72'?: No Number of employees: 19 Loan amount requested: $148,397 Application (VERIFIER): Are the application fields completed and initialed? Yes Are Questions #1 and #2 answered "No"? Yes Second Draw: Are Questions #4 and #5 answered "No" | First Draw: Are Questions #5 and #6 answered "No"? Yes NOTE: these are the questions related to felonies, and loan/government assistance fraud Is the US the place of residence for all employees included in calculation? Yes NOTE: Question #6 on Second Draw, Question #7 on First Draw Yes Yes Yes Yes Yes Is the Application OK?: Yes Revenue Decline (VERIFIER): What form of support did the Borrower provide for the revenue decline?: N/A (<=$150k) What is the earlier (HIGHER REVENUE) quarter or year: 2019 ‐ Full Year $1,414,576 What is the later (LOWER REVENUE) quarter or year: 2020 ‐ Full Year $1,047,653 25% Revenue Decline OK?: YES Calculator (UNDERWRITER): Q1 Q2 Q3 Q4 TOTAL Borrower's Requested Loan Amount: $148,397 $0 Number of Employees: 19 Amount Exceeds MAX Amount per Employee?: NO Enter gross wages and tips paid to employees (NOTE 1): $815,358 Enter amounts paid above $100,000 for employees making more than $100,000 (as a positive number): Enter amounts paid to employees residing outside of the United States (as a positive number): Enter contributions for employee health insurance (NOTE 2): Enter contributions to employee retirement plans (NOTE 3): Enter employer state and local taxes assessed on employee compensation (NOTE 4): Eligible Annual payroll: $815,358 Monthly Average payroll: $67,947 Preliminary Eligible Loan Amount: $169,866 Calculated variance from Borrower's Request: 14% $148,397 PPP Loan Approval Does the name of the business on the payroll support forms match the Application and, If we do have tax forms, does the Tax ID on the tax forms match the Application? Does every owner listed as a 20% owner or greater on the application have a Name, Address, Date of Birth and Social Security Number listed? Refer to the Additional Owner/Guarantor section on the Application tab to confirm DOB. Does name of Entity or d.b.a. per Application match cancelled check; AND is the Driver's License or Passport active (not expired)? The Business/Borrower address is NOT at P.O. Box? Does the routing number and account number on the check match the routing number listed in the portal? If leading zeros are omitted from the account number only, answer "Yes". Routing numbers must be an exact match. If we do not have a check, follow the bank statement review process in the Verifier User Guide. THIS IS THE LOAN AMOUNT THAT SHOULD BE IN THE PORTAL: Proceed to Next Verification Step Proceed to Next Verification Step HM‐UP DEVELOPMENT ALAFAYA TRAILS LLC YOU ARE IN THE CORRECT TAB Case 1:22-cr-20290-BB Document 214-1 Entered on FLSD Docket 02/23/2024 Page 5 of 7 Is the Loan Amount OK?: YES Why Not?: Loan Amount OK Application (UNDERWRITER): Yes Yes Yes NOTE: these are the questions related to felonies, and loan/government assistance fraud Yes NOTE: Question #6 on Second Draw, Question #7 on First Draw N/A Yes NOTE: Question #6 on Second Draw, Question #7 on First Draw Is the Application OK?: Yes Risk Assessment ‐ Individual (UNDERWRITER): Yes Yes Is 'Date of Death' in the 'Subject' section of the Individual CLEAR report blank? Yes ONLY APPLICABLE FOR CORPORATIONS and NON‐PROFITS THAT ARE REGISTERED AS A CORPORATION Risk Assessment ‐ Business (UNDERWRITER): Yes NOTE: If ‘Corporate Filings ’ section of Business CLEAR Report includes filings with multiple states, utilize the information related Yes to the ‘Filing State’ that corresponds with state associated with the state listed as the business address per application. Yes ONLY APPLICABLE FOR LOANS >=$150,0000 and/or NON‐PROFITS THAT ARE NOT REGISTERED AS A CORPORATION Risk Assessment ‐ Business (UNDERWRITER): N/A If an internet search was used to pass this stage, paste the link: ONLY APPLICABLE FOR LOANS >=$150,000 Risk Assessment ‐ Business (UNDERWRITER): N/A If an internet search was used to pass this stage, paste the link: RISK REVIEW Individual: Pass Business: Pass If a NAICS Code '72' loan, do the Application and Tax Documents (if provided) match?: Is application complete, initialed & signed and do the signature and initials match the Applicant? Are Questions #1 and #2 answered "No"? Second Draw: Are Questions #4 and #5 answered "No" | First Draw: Are Questions #5 and #6 answered "No"? Is the US the place of residence for all employees included in calculation? Name, SSN, & DOB of Applicant match application, driver's license/passport, & 'Subject' section of Individual CLEAR report? Proceed with Borrower's Calculation Does the Approved Loan Amount in the portal match the amount in CELL G42 and the signed Application?: Tie Individual Applicant to Business through one of the following: a. Listed as Officer or Registered Agent under 'Corporate Filings Section' if an LLC b. Listed as Officer on Company Website c. Listed as Officer on LinkedIn d. Listed as Officer through other online search (i.e. news articles, google/yelp reviews, etc.) Does the Business Name per application agree to Business Name per ‘Corporate Filings’ section of Business CLEAR Confirm business is legitimate through one of the following: a. Company website b. Google/yelp reviews c. LinkedIn or Facebook page Is (i) the Business listed as ‘ACTIVE ’ under the title labeled ‘Status: ’ per the ‘Corporate Filings ’ section of Business CLEAR Report?, OR (ii) If the Business is NOT listed as ‘ACTIVE’ per the 'Corporate Filings' section of the Business CLEAR Report, is the most‐ recent Effective Date under Officers and Registered Agents after February 15, 2020? Is the Business ‘Filing Date: ’ per the ‘Corporate Filings ’ section of Business CLEAR Report prior to February 15, 2020? Does the individual applicant’s Address per the application agree to at least one of the following: • A recent address (within the past three years) listed in the ‘Possible Addresses Associated with Subject’ section of Individual applicant’s CLEAR Report? • An address listed in the ‘Business Profile Records’ section or ‘Corporate Filings’ section of the Business CLEAR Report? Case 1:22-cr-20290-BB Document 214-1 Entered on FLSD Docket 02/23/2024 Page 6 of 7 UNDERWRITING RESULT Loan Review: PASS Risk Review: PASS ACTION: APPROVE If you answered No to any of the above questions, you must provide an explanation as a Case Note in the file and assign to the risk group as outlined in the User Guide. * Upon completion, this worksheet must be uploaded to the lender portal, regardless of approval status Case 1:22-cr-20290-BB Document 214-1 Entered on FLSD Docket 02/23/2024 Page 7 of 7
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