Court filing
Statement of Facts by USA — USA v. Stanley et al. (Dkt. 23, N.D. Fla.)
Filed July 29, 2022 in Felicia Stanley; one of 29 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Florida |
|---|---|
| Filed | 2022-07-29 |
U.S. District Court for the Northern District of Florida · No. 4:22-cr-00032-MW-MAF · Doc. 23 · 2022-07-29 · Docket on CourtListener
Full text
Case 4:22-cr-00032-MW-MAF Document 23 Filed 07/29/22 Page 1 of 40
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
UNITED STATES OF AMERICA
v. CASE NO.: 4:22-cer-32-MW/MAF
FELICIA JACKSON STANLEY
and
WILBERT JEAN STANLEY Ul
/
STATEMENT OF FACTS
The parties agree with the truthfulness of the following factual basis for the
Defendant’s guilty plea. The undersigned parties further agree that not all of the
facts known from this investigation are contained in this brief summary. Defendant
admits that, if this case were to proceed to trial, the Government could prove the
following facts beyond a reasonable doubt:
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, Pub.
L. 116-136, 134 Stat. 281, was a federal law enacted on or about March 27, 2020,
which was designed to provide emergency financial assistance to Americans who
were suffering economic harms caused by the COVID-19 pandemic. Two sources
of relief provided by the CARES Act were an expansion of the Economic Injury
Disaster Loan (“EIDL”) program, and the establishment of the Paycheck Protection
Program (“PPP”).
FILED IN OPEN CO)
CuERrx, Untrep States District Coprt
NORTHERN DISTRICT OF FLORIDA
Case 4:22-cr-00032-MW-MAF Document 23 Filed 07/29/22 Page 2 of 40
Overview of the EIDL Program
The EIDL program was a U.S. Small Business Administration (“SBA”)
program that provides low-interest loans to small businesses, renters, and
homeowners in regions affected by declared disasters. The CARES Act authorized
the SBA to provide EIDLs of up to $2 million to eligible small businesses
experiencing substantial financial disruption due to the COVID-19 pandemic. In
order to obtain an EJDL, a qualifying business must submit an application to the
SBA and provide information about its operations, including its number of
employees, gross revenues for the 12-month period preceding the disaster, and cost
of goods sold in that same period. In the case of EIDLs for COVID-19 relief, that
period was specified as the 12-month preceding January 31, 2020. In order to qualify
for an EIDL for COVID-19 relief, a business must have been operating during the
12-months preceding January 31, 2020. Businesses created on or after February 1,
2020, were not eligible for an EIDL.
To determine whether an applicant was eligible for an EIDL, and to determine
the amount of an EIDL to award an eligible applicant, the SBA relied primarily on
the self-reported information provided by the applicant concerning the operations of
the small business, including the number of people employed by the business, gross
revenues for the 12-month period preceding the disaster, and the cost of goods sold
for that same period. The EIDL applicant must have certified that all of the
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Case 4:22-cr-00032-MW-MAF Document 23 Filed 07/29/22 Page 3 of 40
information provided in the application was true and correct to the best of the
applicant’s knowledge. EIDL proceeds must have been used by the applicant to
meet ordinary and necessary financial obligations that cannot be met as a direct result
of the disaster, such as payroll costs, salaries, sick leave, production costs, rent, and
mortgage payments. The CARES Act also authorized the SBA to issue advances of
up to $10,000 to small businesses within three days of applying for an EIDL. The
amount of each advance was determined by the number of people employed by the
business, as certified by the applicant. These advances of up to $10,000 did not have
to be repaid.
Overview of the PPP
The PPP, established by the CARES Act, was an SBA program that provides
low-interest, forgivable loans to applicants to help fund qualifying businesses’
payroll costs amidst the COVID-19 pandemic. In order to obtain a PPP loan, a
qualifying business was required to submit a PPP loan application, which must have
been signed by an authorized representative of the business. The PPP loan
application required the business, through its authorized representative, to
acknowledge the program rules and make certain affirmative certifications in order
to be eligible to obtain the PPP loan. One such certification was that the business
was in operation on February 15, 2020. Businesses created after February 15, 2020,
were not eligible for a PPP loan.
Case 4:22-cr-00032-MW-MAF Document 23 Filed 07/29/22 Page 4 of 40
In the PPP loan application, the business, through its authorized
representative, must have stated, among other things, its: (a) average monthly payroll
expenses; and (b) number of employees. These figures were used to calculate the
amount of money the small business is eligible to receive under the PPP. PPP loan
applications were processed by a participating lender. If a PPP loan application was
approved, the participating lender funded the PPP loan using its own monies, which
were 100% guaranteed by the SBA. Data from the PPP 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. PPP loan proceeds were required to be used by the applicant business on
certain permissible expenses, including payroll costs, interest on mortgages, rent,
and utilities. The PPP allowed the interest and principal on the PPP loan to be
entirely forgiven if the business spends the loan proceeds on these expense items
within a designated period of time after receiving the proceeds, and used a certain
amount of the PPP loan proceeds on payroll expenses.
In order to apply for an EIDL or PPP loan, an applicant must have provided a
taxpayer identification number for the business, specifically, either an employer
identification number (“EIN”) (for businesses with employees), or a social security
number (“SSN”) (for sole proprietorships or independent contractors).
* * *
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Investigating agents identified a scheme to defraud involving Wilbert Stanley
Il (hereinafter “WILBERT”) and Felicia Jackson-Stanley (hereinafter “FELICIA”),
collectively the “Stanleys” and “Defendants”), in which EIDL applications were
filed on behalf of other named individuals regarding multiple businesses using an
Internet Protocol (“IP”) Addresses! assigned by the Internet Service Provider to the
Stanleys. These EIDL applications contained materially false information, such as
the number of employees and gross revenue for the twelve months preceding the
COVID-19 pandemic.
Fraudulent EIDL Scheme Involving FELICIA AND WILBERT
On February 15, 2021, TIGTA reviewed IRS tax records and SBA records
related to an individual with the initials of R.P. Records revealed that on July 22,
2020, RP. accessed an IRS database using IPv6 address
2601:4c1:8203:3e60:b10b:6185:6285:bbe7 (determined to be owned by Comcast
Cable Communications, Inc., hereinafter “COMCAST”) to apply for an Employee
Identification Number (EIN) for the company “[R.P.’s first and last name] Cleaning,
1 An IP Address (“Internet Protocol” address) or “IP” is a unique numeric address used
by computers on the Internet. An IPv4 address looks like a series of four numbers, each in the
range 0-255, separated by periods (e.g., 121.56.97.178). An IPv6 address, the most recent
version of the IP, uses a 128-bit address, and is represented as eight groups, separated by colons,
of four hexadecimal digits. Every computer attached to the Internet must be assigned an IP
address so that Internet traffic sent from and directed to that computer may be directed properly
from its source to its destination. Most Internet service providers control a range of IP addresses.
Some computers have static—that is, long-term—IP addresses, while other computers have
dynamic—that is, frequently changed—IP addresses.
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LLC.” The company was assigned EIN ending in 6139. Our investigation also
revealed that R.P. incorporated a company called “[R.P.’s first and last name], LLC”
in Florida on July 21, 2020. Records also revealed that on June 21, 2020, R.P.
accessed an SBA database to apply for an EIDL using COMCAST IP address
2601 :4c1:8203:3e60:959a:6402:1cd1:8af7 for the business “[R.P.’s first and last
name] Cleaning.” This EIDL application was assigned application number
3305707788. The EIDL application falsely certified that “[R.P.’s first and last
name] Cleaning” was in business prior to February 1, 2020.
IRS records indicated several SBA EIDLs were issued to various applicants,
using similar COMCAST IPv6 addresses as the IPv6 address used for the EIDL
application submitted by R.P. Specifically, all of the IPv6 addresses of interest
started with the same first four groupings of numbers in the IPv6 address (that is,
2601:4c1:8203:3e60, hereinafter “IP 2601”), which was determined to have been
assigned to the Stanleys at their residence. A search of IRS records revealed that
R.P. has never submitted any tax filings for the business “[R.P.’s first and last name]
Cleaning, LLC” with EIN ending in 6139. Oath Holdings, Inc., (which owns
Yahoo!), indicated that, on June 21, 2020, email account [R.P.’s first name][R.P.’s
lastname]@yahoo.com was created using IP 2601, using R.P.’s true date of birth.
IRS records also indicated several EINs were applied for within an IRS. database
from IP 2601 and that those EINs were subsequently used on an SBA EIDL
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application after the eligibility date of February 1, 2020. Therefore, R.P.’s SBA
EIDL application, and all other SBA EIDL applications submitted after February 1,
2020, using IP 2601, were false and fraudulent.
On June 1, 2021, search warrants were obtained from Northern District of
Florida Magistrate Judge Martin A. Fitzpatrick (case numbers 4:21mj121-MAF,
4:21mjl22-MAF, and 4:21mj123-MAF) authorizing a search of email accounts
hosted by Oath Holdings, Inc. (which owns Yahoo!), Oath, Inc. (which owns AOL),
and Google, Inc. During a search of these records, agents were able to ascertain that
several email accounts were created and used shortly thereafter in furtherance of the
fraudulent EIDL applications.
Fraudulent EIDL Applications
SBA EIDL applications required an email address to be included in the
application because the SBA utilized the applicant’s email address for purposes of
establishing electronic communications with the applicant. R.P. listed email address
[R.P.’s first name][R.P.’s last name]@yahoo.com on her their fraudulent EIDL
application. SBA officials and R.P. exchanged several emails between July 6, 2020,
to May 9, 2021, in which they discussed the details of R.P.’s EIDL application.
On May 4, 2020, WILBERT applied for an EIN with the IRS for SCREAM
LOUD INC using IP 2601, and was assigned EIN ending in 8473 by the IRS.
Google, Inc. records indicated that, on the same date, WILBERT established email
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account screamloudinc@gmail.com using IP 2601, and using his true date of birth
and phone number, (850) 519-8858. On the same date, WILBERT completed
application number 3000026522 for an EIDL application, using IP 2601, for
SCREAM LOUD INC., in which he falsely certified that this business was
established on December 1, 2019, had 12-month gross revenues (prior to the date of
the January 31, 2020 Disaster) of $40,000, and had twenty-five (25) employees. The
application was accepted, but funding was declined due revenue requirements. An
advance of $10,000 was also requested, but also was declined due to WILBERT
having filed a duplicate application for the same named business.
Google, Inc. records indicated that on May 9, 2020, WILBERT established
email account screamloudtally@gmail.com using IP 2601. On the same date,
WILBERT completed application number 3000137307 for another EIDL
application, using IP 2601, for SCREAM LOUD INC. In this application,
WILBERT falsely represented that the business:
a. had an email address of screamloudtally@gmail.com,
b. was established on January 7, 2018,
c. had 12-month gross revenues (prior to the date of the January 31,
2020 Disaster) of $414,000, and
d. had a total of fourteen (14) employees.
However, IRS records revealed that WILBERT filed a tax return for tax year
2019 using an IRS Form 1040 Schedule C, in which he claimed that his business
SCREAM LOUD INC (EIN ending in 8473) had a gross income of $277,582.
8
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However, the false EIDL application was accepted and funded for $145,000. An
advance of $10,000 was also requested and disbursed to WILBERT. IRS records
revealed that WILBERT accessed the Internet from IP 2601 and used email
screamloudinc@gmail.com as recently as May 2, 2021.
In September 2017, FELICIA falsely applied for an EIN for YEP SHE KAN
NETWORK INC and was assigned EIN ending in 3142 by the IRS. On March 31,
2020, FELICIA completed and submitted SBA application number 3300897691 for
an EIDL, using IP 2601 and phone number (850) 322-4725, for YEP SHE KAN
NETWORK. In her application, she falsely claimed that her business was
established on April 4, 2016, had 12-month gross revenues (prior to the date of the
January 31, 2020 Disaster) of $20,000, and had six (6) employees in total. However,
the application was accepted and funded for $1,000. In the same false EIDL
application, FELICIA requested an advance of $10,000, but was approved for
$6,000. On June 17, 2020, FELICIA completed SBA application number
3304957699 using IP 2601 for another EIDL for the same business, YEP SHE KAN
NETWORK. This application included different false details about her business,
such as the 12-month gross revenues (prior to the date of the January 31, 2020
Disaster) being $360,000, and the business having ten (10) employees. An advance
of $10,000 was also requested on the application, but was declined due to multiple
advance requests being made relating to duplicate EIDL applications for the same
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Case 4:22-cr-00032-MW-MAF Document23_ Filed 07/29/22 Page 10 of 40
business. FELICIA never submitted any tax filings to the IRS for YEP SHE KAN
NETWORK INC (EIN ending in 3142) to report such income.
In March 2018, FELICIA applied for an EIN for BEYOND THE BODY
LOUNGE LLC and was assigned EIN ending in 6202 by the IRS. Google, Inc.
records indicated that on January 17, 2018, FELICIA established email account
beyondthebodylounge@gmail.com using her true date of birth and phone number,
(850) 322-4725. According to Google, Inc. records obtained via search warrant (as
noted above), Beyondthebodylounge@gmail.com was accessed from the Internet
several times using JP 2601 between June 2020 and January 2021. On March 31,
2020, FELICIA completed SBA application number 3300907566 for an EIDL, using
IP 2601 and phone number (850) 322-4725, for BEYOND THE BODY LOUNGE
LLC. In that application, FELICIA falsely claimed that the business was established
on January 16, 2018, had 12-month gross revenues (prior to the date of the January
31, 2020 Disaster) of $40,000, and had one (1) employee. The application was
accepted, but funding was declined due to FELICIA having an unsatisfactory credit
history. An advance of $10,000 was also requested, but was declined because the
SBA could not verify FELICIA’s bank account based on the information that she
provided in her application.
10
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On May 6, 2020, FELICIA completed SBA application number 3000102649
for another EIDL, using IP 2601, for the same business, BEYOND THE BODY
LOUNGE LLC. In this application, FELICIA falsely reported different information
than in the March 31, 2020 application, including that the business’ 12-month gross
revenues (prior to the date of the January 31, 2020 Disaster) was $65,000, and that
the business had twelve (12) employees. The application and request for a $10,000
advance were accepted, but funding was declined due to FELICIA having filed a
duplicate application for the same named business. FELICIA never submitted any
tax filings for BEYOND THE BODY LOUNGE LLC (EIN ending in 6202)
reporting such income or employee totals.
In March 2018, FELICIA applied for an EIN for A CALL AWAY
TRANSPORTATION and was assigned EIN ending in 0930 by the IRS. On March
31, 2020, FELICIA completed SBA application number 3300858211 for an EIDL
using IP 2601 phone number (850) 322-4725, for A CALL AWAY
TRANSPORTATION. In this application, FELICIA falsely claimed that the
business was established on April 4, 2016, had 12-month gross revenues (prior to
the date of the January 31, 2020 Disaster) of $105,000, and had four (4) employees
in total. The application was accepted, but funding was declined due to FELICIA
having an unsatisfactory credit history. An advance of $10,000 was also requested,
but was approved for $4,000.
11
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On June 17, 2020, FELICIA completed SBA application number 3304957063
using IP 2601 for another EIDL for the same business, A CALL AWAY
TRANSPORTATION. In this application, FELICIA falsely reported different
information than in her March 31, 2020 application, such as the business having 12-
month gross revenues (prior to the date of the January 31, 2020 Disaster) of
$550,000, and a total of twelve (12) employees. The application and request for a
$10,000 advance were accepted, but funding was declined due to FELICIA having
filed a duplicate application for the same named business. FELICIA never submitted
any tax filings for A CALL AWAY TRANSPORTATION (EIN ending in 0930) to
the IRS to report such income.
Between March 2020 and September 2020, approximately 166 SBA EIDL
applications were submitted using IP 2601. The following chart summarizes the
EIDL applications and grants which were funded by the SBA based on false and
fraudulent applications submitted by FELICIA and WILBERT:
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Legal'Name
Jackson- A Call Away
1 | Felicia Stanley Transportation | 2020-03-31 | 3300858211 $0.00 $4,000.00
Yep We Kan
2 | WILBERT Stanley promotions inc | 2020-03-31 | 3300891943 | $150,000.00 $6,000.00
Play Sports Bar
3__| WILBERT Stanley LLC 2020-03-31 | 3300896960 | $150,000.00 | $10,000.00
Jackson- Yep She Kan
4 | Felicia Stanley Network 2020-03-31 | 3300897691 $1,000.00 $6,000.00
Island Daiquiris
5 | WILBERT Stanley Bar & Grill LLC | 2020-03-31 | 3300901128 | $40,000.00} $10,000.00
USA United law
6 | WILBERT Stanley firm LLC 2020-03-31 | 3300904833 | $16,000.00 $1,000.00
Unique
7__| Kallilah Butler Xpressions 2020-04-01 | 3301334073 | $18,900.00 $1,000.00
SCREAM
8 | WILBERT Stanley LOUD INC 2020-05-09 | 3000137307 | $145,000.00 | $10,000.00
JACKSON
FAMILY
9 | GERONE JACKSON PRODUCE 2020-05-11 | 3000152667 | $150,000.00 | $10,000.00
CREDIT
REPAIR &
Wilbert TRADELINES
10 | Stanley Stanley LLC 2020-06-14 | 3304476681 | $42,500.00 | $10,000.00
13
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ALDRENA
JACKSON
11 | Aldrena Jackson HEALTH 2020-06-14 | 3304478805 | $130,000.00 $0.00
12 | Crystal Jackson Crystal Jackson | 2020-06-16 | 3304743480 | $150,000.00 $0.00
13 | Darian Williams Darian Williams | 2020-06-18 | 3305318267 $0.00 | $10,000.00
JEFFERY
14 | JEFFERY PAREMORE _ | PAREMORE 2020-06-18 | 3305346228 $0.00 | $10,000.00
ROSA
15 |ROSA WILLIAMS WILLIAMS 2020-06-18 | 3305348458 $0.00 | $10,000.00
FREIGHT
16 | TRAVIS WALKER TRAIN 2020-06-18 | 3305350372 | $150,000.00 | $10,000.00
CEDRIC
LAWN
17 | CEDRIC WILLIAMS SERVICE 2020-06-18 | 3305352926 | $129,000.00 | $10,000.00
QUANDA
18 | QUANDA GARY GARY 2020-06-19 | 3305482320 | $150,000.00 | $10,000.00
DESMOND
19 | DESMOND WILLIAMS WILLIAMS 2020-06-19 | 3305485242 | $150,000.00} $10,000.00
ARMANDO
20 | ARMANDO _| VERNON VERNON 2020-06-19 | 3305503210 $0.00 | $10,000.00
21 | Jemarius House Jemarius House | 2020-06-19 | 3305529377 $0.00 | $10,000.00
TREYAUN
22 | TREYAUN KELLY KELLY 2020-06-20 | 3305543640 $0.00 | $10,000.00
KENDRICK
23 | KENDRICK | KELLY KELLY 2020-06-20 | 3305544964 | $150,000.00 | $10,000.00
DENNIS
24 | DENNIS COLSON COLSON 2020-06-21 | 3305704803 | $150,000.00 | $10,000.00
14
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ROMELLE
POTTS
25 | ROMELLE POTTS CLEANING 2020-06-21 | 3305707788 | $150,000.00 | $10,000.00
ORIN
26 | ORIN HOLLAND HOLLAND 2020-06-21 | 3305712822 $0.00 | $10,000.00
27 | Tamora Baker Tamora Baker 2020-06-21 | 3305741200 $0.00 | $10,000.00
FAMILY FIRST
ASSISTED
28 | KACEY ROSS LIVING LLC 2020-06-21 | 3305741442 | $150,000.00 $0.00
29 | MELVIN PATTERSON | ZELIFIC L.L.C. | 2020-06-21 | 3305742687 | $150,000.00 | $10,000.00
30 | Tracy Williams Tracy Williams | 2020-06-22 | 3305783917 $0.00 | $10,000.00
31 | Leslie Williams Leslie Williams | 2020-06-22 | 3305867937 $0.00 | $10,000.00
RICHANTI
JEFFERSON
32 | RICHANTI JEFFERSON — | CARE 2020-06-23 | 3305926102 | $135,000.00 $0.00
TANISHA
HAMPTON
33 | TANISHA HAMPTON CARE 2020-06-23 | 3305946407 | $95,000.00 | $10,000.00
Lakeidra
34 | Lakeidra Hamilton Hamilton 2020-06-23 | 3305971497 $0.00 | $10,000.00
35 | Eddie Carter Eddie Carter 2020-06-23 | 3305996512 | $44,500.00 | $10,000.00
36 | Diana Jones Diana Jones 2020-06-23 | 3306040001 $0.00 | $10,000.00
37 | Mario Thomas Mario Thomas __}| 2020-06-23 | 3306078125 | $42,200.00} $10,000.00
Engram- Sylvia Engram-
38 | Sylvia Robinson Robinson 2020-06-24 | 3306183887 $0.00 | $10,000.00
39 | Darren Hinson Darren Hinson | 2020-06-25 | 3306498225 $70,600.00 | $10,000.00
40 | Dwight Aldridge Dwight Aldridge | 2020-06-27 | 3306985085 $41,300.00 $0.00
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41 | Jamie DeMent Jamie DeMent 2020-07-02 | 3308389562 $60,300.00 | $10,000.00
KIERRA
42 | KIERRA ROBINSON ROBINSON 2020-07-03 | 3308590626 $0.00 | $10,000.00
MONDRELL
43 | MONDRELL | GARY GARY 2020-07-03 | 3308592786 | $85,000.00 | $10,000.00
QUINTON
44 | QUINTON FREDERICK | FREDERICK 2020-07-03 | 3308595061 $0.00 | $10,000.00
GREGORY
45 | GREGORY PHILLIP PHILLIP 2020-07-04 | 3308604726 $0.00 | $10,000.00
. SHANE
46 | SHANE GORDON GORDAN 2020-07-04 | 3308607832 $0.00 | $10,000.00
LAKEVES
47 | LAKEVES PRATHER PRATHER 2020-07-04 | 3308609208 $0.00 | $10,000.00
MICHAEL
48 | MICHAEL WILLIAMS WILLIAMS 2020-07-04 | 3308610170 $0.00 | $10,000.00
PORTER
CLEANING
49 | Kenneth Porter SERVICE 2020-07-28 | 3312064871 | $139,500.00 $0.00
50 | Damisi Scott Damisi Scott 2020-07-28 | 3312066592 | $150,000.00 $0.00
$3,185,800 $398,000
TOTAL FUNDED LOAN AND NET ADVANCE $3,583,800
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For most of the applications submitted (which were not in the names of the Stanleys),
the Stanleys had an arrangement with the named applicants to receive a kickback
from the named applicants, which constituted a portion of the PPP/EIDL loan and/or
grant proceeds.
Fraudulent PPP Loan Scheme Involving FELICIA AND WILBERT
As noted above, on March 31, 2020, WILBERT completed application
number 3300891943 for an EIDL from the SBA, using IP 2601, for YEP WE KAN
PROMOTIONS INC, in which he falsely certified that this business was established
on March 24, 2009, had 12-month gross revenues (prior to the date of the January
31, 2020 Disaster) of $1,202,100, and had six (6) employees. The application was
accepted and funded for $150,000. In the same EIDL application, he requested an
advance of $10,000, but was approved for $6,000.
However, on May 22, 2020, WILBERT completed a PPP loan application
with Kabbage, Inc. for YEP WE KAN PROMOTIONS INC, in which he falsely
certified that his business had an average monthly payroll of $8,334, and had one (1)
employee. The application was accepted and funded for $20,833 (SBA Loan
Number 1691627801) based on the false representations of WILBERT. Within the
application, WILBERT submitted a false IRS Form 1040 - Schedule C and an IRS
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Form 1120-S, claiming that the Gross Income for the business for 2019 was
$679,108.
WILBERT filed his personal 2019 Federal tax return on April 13,
2021. Within that 2019 Federal tax return, WILBERT claimed YEP WE KAN
PROMOTIONS INC had Gross Profit and Gross Income of $1,415,963. WILBERT
did not submit an IRS Form 1120-S to the IRS for YEP WE KAN PROMOTIONS
INC for tax year 2019, despite WILBERT having included an IRS Form 1120-S for
YEP WE KAN PROMOTIONS INC as a supporting document to Kabbage, Inc. for
his PPP loan application. The IRS Form 1040 - Schedule C that WILBERT
eventually filed for his 2019 Federal tax return was filed in 2021 with the IRS;
however, WILBERT attached the IRS Form 1040 - Schedule C to his PPP loan
application in May of 2020. Simply put, WILBERT willfully misrepresented his
income in his PPP loan application by using tax forms that had not been submitted
to the IRS at the time of the PPP loan application.
On June 18, 2020, FELICIA completed a PPP loan application with Kabbage,
Inc. for A CALL AWAY TRANSPORTATION LLC, having an EIN ending in
0930, in which she falsely certified that:
a. A CALL AWAY TRANSPORTATION had an average monthly
payroll of approximately $8,320;
b. ACALL AWAY TRANSPORTATION had 1 employee;
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c. all SBA loan proceeds will be used only for business-related
purposes as specified in the loan application and consistent with the Paycheck
Protection Program Rule;
d. A CALL AWAY TRANSPORTATION was in operation on
February 15, 2020, and had employees for whom it paid salaries and payroll
taxes or paid independent contractors, as reported on Form(s) 1099-MISC;
e. Current economic uncertainty made the SBA PPP loan necessary
to support ongoing operations of A CALL AWAY TRANSPORTATION;
f. the SBA PPP loan funds will be used to retain workers and
maintain payroll or make mortgage interest payments, lease payments, and
utility payments, as specified under the PPP Rule; and
g. the information provided in the SBA PPP loan application and
the information provided in all supporting documents and forms was true and
accurate in all material respects.
In her application, FELICIA falsely represented that A CALL AWAY
TRANSPORTATION had an average monthly payroll of $8,320, and had one (1)
employee. The application was accepted and funded for $20,800 (SBA Loan
Number 3686117904) based on these false representations of FELICIA. As part of
the fraudulently PPP application, FELICIA submitted a false IRS Form 1040 -
Schedule C, claiming that the Gross Income of A CALL AWAY
TRANSPORTATION for 2019 was $148,656. IRS records indicated that FELICIA
filed her personal 2019 Federal tax return on February 25, 2020 in which FELICIA
claimed that she had Gross Profit and Gross Income of $17,520 for an unnamed
transportation business. IRS records also indicated that FELICIA did not submit a
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separate tax return for A CALL AWAY TRANSPORTATION LLC. The IRS Form
1040 - Schedule C that FELICIA filed on her tax return to the IRS in 2020 was not
submitted as a supporting document for her June 2020 PPP loan application. Rather,
a different version of the IRS Form 1040 - Schedule C was submitted to Kabbage,
Inc as a supporting document. Simply put, FELICIA filed her taxes in February
2020, then in June 2020, she submitted an entirely different version of the IRS Form
1040 - Schedule C, in which she willfully misrepresented her income to Kabbage,
Inc. on the PPP loan application.
The following chart summarizes the PPP applications, which were funded by
various PPP-participating financial institutions (and which were federally-
guaranteed by the SBA), and lender fees (which were paid by the SBA), based on
false and fraudulent applications submitted by FELICIA and WILBERT:
Original
Primary Borrower Funded Loan Approved Lender
Name Lender Name Date Number Amount Fee
YEP WE KAN
PROMOTIONS
INC Kabbage, Inc. 5/21/2020 | 1691627801 | $20,833.00 | $1,041.65
A Call Away
Transportation LLC | Kabbage, Inc. 6/13/2020 | 3686117904 | $20,800.00 | $1,040.00
Play Sports Bar Wells Fargo Bank,
LLC NA 5/8/2020 | 4039557404 | $20,833.00 | $1,041.65
YOU HURT INC First Home Bank 6/29/2020 | 6199768010 $8,000.00 $0.00
YEP WE KAN
PROMOTIONS
INC Cross River Bank 6/8/2020 | 9589427800 | $19,998.00 $0.00
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Readycap Lending,
6 | Gregory Phillip LLC 5/18/2021 | 2977759002 | $23,900.00 | $2,500.00
ALBERT BSD Capital, LLC
7 | GASKINS dba Lendistry 6/21/2020 | 1299548008 | $20,833.00 | $2,500.00
ARMANDO
8 | VERNON Itria Ventures LLC | 2/19/2021 | 1645068500 | $20,833.33 $0.00
9 | Jaquaez Bess Kabbage, Inc. 6/22/2020 | 1715068006 | $20,833.00} $1,041.65
JACARION
10 | STANLEY Kabbage, Inc. 6/23/2020 | 1735088009 | $20,833.00 $0.00
JASON
11 | JEFFERSON Kabbage, Inc. 6/23/2020 | 1756098000 | $20,833.00} $1,041.65
12 | QUANDA GARY _ | Itria Ventures LLC | 2/19/2021 | 2006018505 | $20,833.33 $0.00
DESMOND
13 | WILLIAMS Kabbage, Inc. 6/29/2020 | 5568188004 | $20,833.00 | $1,041.65
Capital Plus
14 | Albert Gaskins Financial, LLC 5/22/2021 | 5789389005 | $20,833.00 | $2,500.00
JACARION
15 | STANLEY Kabbage, Inc. 7/20/2020 | 6076068110 | $20,833.00 $0.00
DESMOND
16 | WILLIAMS Kabbage, Inc. 2/3/2021 | 2058128407 | $20,833.00 | $2,500.00
EMPERIAL
17 | DESIGNS LLC Kabbage, Inc. 6/29/2020 | 6118648008 | $20,833.00 | $1,041.65
Fountainhead SBF
18 | Richanti Jefferson | LLC 5/2/2021 | 6501238910 | $19,609.00 | $2,500.00
Harvest Small
Business Finance,
19 | Jaiven Stanley LLC 4/20/2021 | 6868678800 | $20,833.00 | $2,500.00
Capital Plus
20 | Adrian Colson Financial, LLC 4/7/2021 | 8585938707 | $20,832.00 | $2,500.00
$404,801.66 | $24,789.90
TOTAL FUNDED PPP LOANS AND LENDER FEES: $429,591.56
Fraudulent SVOG Scheme Involving WILBERT
The Shuttered Venue Operators Grant (“SVOG”) program was established by
the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and
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amended by the American Rescue Plan Act. The program included over $16 billion
in grants to shuttered venues, to be administered by SBA’s Office of Disaster
Assistance. The SVOG program’s mission is to support the ongoing operations of
eligible live venues and operators, live venue promoters, theatrical producers, talent
representatives, live performing arts organization operators, museums, and motion
picture theaters during the uncertain economic conditions caused by the COVID-19
pandemic. Eligible applicants could qualify for grants equivalent to 45% of their
gross earned revenue, with the maximum amount available for a single grant award
of $10 million. SVOG provided emergency assistance for eligible performing arts
businesses affected by COVID-19. SVOG applications were received in and
processed using computer servers located outside of the state of Florida.
WILBERT specifically attempted to cause and successfully caused the SBA
to issue SVOGs and disburse SVOG proceeds to him based upon grant applications,
supporting documents, and emails that he falsely represented revenues for Yep We
Kan Promotions, Inc., PlaySports Bar, LLC, and Scream Loud, Inc. Specifically, in
May 2021, WILBERT falsely stated in his SBA SVOG application that he submitted
to the SBA to obtain an SBA SVOG for Play Sports Bar, LLC, that:
a. Play Sports Bar, LLC, having an EIN ending in 4134, had gross revenue
of $6,001,000.00 in year 2019,
b. Play Sports Bar, LLC, having an EIN ending in 4134, had gross revenue
of $1,000,000.00 in year 2020,
c. Play Sports Bar, LLC, having an EIN ending in 4134, had 44 employees,
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d. all SVOG grant proceeds will not be used for real estate purchases or to
invest, and
e. the information provided in the SBA SVOG application and the
information provided in all supporting documents and forms was true and
accurate in all material respects.
These representations were contrary to information contained in tax returns filed
with the IRS for Play Sports Bar, LLC. Based on this false application, the SBA
paid WILBERT approximately $200,000 in the form of an SVOG for Play Sports
Bar, LLC.
The following chart summarizes the fraudulently-obtained (or attempted)
SVOG proceeds based on fraudulent SVOG applications submitted to the SBA by
WILBERT:
Total
Grant Application Requested | Disbursed
Number Date Business Name Amount (Funded)
YEP WE KAN
1 | SBAHQ21SV012263 | 5/14/2021 | PROMOTIONS INC $204,300.00 | $204,300.00
2 | SBAHQ218V015934 | 8/5/2021 | SCREAM LOUD INC $1,065,000.00 $0.00
3 | SBAHQ21SV016946 | 8/20/2021 | PLAY SPORTS BAR LLC | $2,090,250.00 | $785,569.95
TOTAL | $3,359,550.00 | $989,869.95
Identification of the STANLEY’s Home and Vehicles
COMCAST provided subscriber information for IP 2601, which indicated that
internet services, using IP 2601, were provided at 5001 Lake Front Dr., Apt M6,
Tallahassee, FL 32303-7174, between on or about August 26, 2020, and November
2, 2020, to FELICIA as the subscriber/customer. The Leon County (Florida)
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Property Appraiser’s website indicates that FELICIA purchased the residence
located at 3770 Laurel Trace Way, Tallahassee, FL 32303 on October 28, 2020.
Records from COMCAST also indicated that internet services, using IP 2601, were
provided at the 3770 Laurel Trace Way, Tallahassee, FL 32303 between on or about
November 8, 2020, and February 18, 2021, and between on or about March 20, 2021,
and September 8, 2021, to FELICIA as the subscriber/customer.
Interviews of PPP/EIDL Applicants
The following are some of the applicants who received SBA proceeds
(described in the charts above) and whose applications were linked to Felicia and
Wilbert (by IP address and otherwise):
Desmond Williams (“Williams”) was interviewed by agents. He advised that
he started his business, Des Will Co., during the pandemic. Des Will Co. started out
as a consulting business but later evolved into a car rental business. Williams stated
the types of cars people want to rent typically are not offered by a traditional car
rental service. Williams received an SBA loan and a PPP loan. Williams received
funds from the SBA on two occasions: the first sum, $10,000, was an advance, and
the second sum, approximately $150,000, was a grant from the SBA. Williams said
he got in touch with an individual named Will (a/k/a WILBERT) through Williams’
friend J effery Paremore (hereinafter “Paremore”), who told Williams that Paremore
could put Williams in touch with someone, WILBERT, who could get Williams a
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grant to start a business. Williams spoke with “Will” on the phone at which time
Will stated he could help Williams get a grant. Will stated Williams had to pay Will
either a percentage or a flat fee, which was dependent on how much money Williams
received. Through text messages, Williams provided Will with his name, date of
birth, social security number, address, a copy of his driver’s license, and a copy of
his social security card. Williams provided the information through 10 text
messages to Will. Williams no longer has these text messages exchanged with Will
but confirmed that Will’s telephone number was 850-519-8858 (which, as noted
above, is the phone number for WILBERT).
After providing his information to Will, Williams then received a call from
Will at which time, Will stated that Williams would receive a direct deposit to his
account in a couple days. Will stated he applied for a grant for Williams. Then Will
informed Williams that he could apply for an SBA loan on behalf of Williams that
could be used to start a business. Williams said that would be perfect. After
receiving approximately $150,000 (EIDL) from the SBA, Will then informed
Williams he could receive a PPP loan. Williams told Will he heard people were
being locked up for receiving PPP loans and asked if this was anything like he had
‘saw on the news. Will stated it was not because the people who were arrested were
saying they had many employees and that for the PPP loan Williams was his only
employee. In addition to his personal information, Williams provided Will with his
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business information for Des Will Co. Williams was instructed to pay Paremore for
the deposits he received from SBA. For each of the payments Williams believes he
paid Paremore with cash, CashApp or Zelle. Williams does not know if Paremore
received a portion of the funds. Williams understood that the payments to Will were
for applying for the funding on Williams behalf. Williams does not recall how much
money he paid as a fee for the initial $10,000 deposit from the SBA. Williams paid
Paremore approximately twenty percent or $30,000 for the second deposit from the
SBA for approximately $150,000 in total. Williams paid Paremore approximately
$5,000 or $10,000 for the PPP loan funds Williams received. Williams never told
Will that he had a business with thirteen employees, gross revenues of $1.2 million
or cost of goods sold of $800,000. Williams was unaware that information was listed
on an application in Williams’ name. Williams never saw any paperwork regarding
his SBA funds or PPP loan. Williams’ business telephone number for Des Will Co
is 800-506-5717; however, the phone number listed on the three SBA loan
applications, 800-506-5771, is not correct. Williams’ personal cell phone number is
404-934-7034. Williams does not use the email address
desmondwilliamsusa@gmail.com. Williams did not provide the email address
desomondwilliamsusa@gmail.com to Will and was not aware the email address was
listed on the applications.
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Travis Walker (“Walker’) was interviewed by agents and advised that he
had a logistics business called Freight Train, which was in business approximately
six months prior to February 2020. Walker obtained the SBA EIDL loan in order to
obtain a box truck for his business. Walker also bought $80,000 in bitcoin with the
SBA EIDL loan he received. Walker also used the EIDL proceeds to have his former
girlfriend’s floors in her house remodeled for approximately $10,000. Walker
advised that he obtained the SBA EIDL loan through his friend Wilbert Stanley
(“WILBERT”). Walker has known WILBERT since approximately the ninth grade.
WILBERT told Walker that he could get a loan to help with Walker’s business.
Walker provided WILBERT with his address, social security number, date of birth,
driver’s license and bank statement. Walker believes he provided the information to
WILBERT over the phone but may have texted his bank statement and driver’s
license to WILBERT. Walker did not provide his income or expenses or tax returns
to WILBERT. Walker did not tell WILBERT how many employees he had;
however, Walker had approximately three employees to include himself. Walker
never paid the employees because he never made a profit. Walker never purchased
a box truck either. Walker was trying to set up the trucking company in order to
work for Amazon. WILBERT told Walker the loan could be used to obtain trucks
and the loans were for individuals to make more money so they could pay more
taxes.
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Walker received an advance from the SBA, an SBA EIDL loan, and a PPP
loan. WILBERT used the information Walker provided, which he previously
described, to obtain the loans. Walker paid WILBERT approximately $10,000 via
Zelle for WILBERT’s assistance in obtaining the money. Walker does not recall if
he sent the money to WILBERT directly or to Yep We Kan Promotions. WILBERT
never explained the difference between the PPP loan, SBA advance, and SBA EIDL
loan. Walker ultimately received a $10,000 EIDL advance, a $149,900 EIDL loan
and a $20,833 PPP loan. Walker is also friends with Williams’ friend Jeffery
Paremore (“Paremore”). Walker went to Godby High School in Tallahassee, FL and
Paremore went to Leon High School in Tallahassee, FL. Paremore may have told
WILBERT or Walker to talk to each other about the loans. Walker recalls receiving
a call from WILBERT at which time WILBERT spoke about the loans and how he
could help Walker. Walker was asked about the $37,000 he provided to Paremore.
Special Agent Evans (hereinafter “SA Evans”), while interviewing Walker,
explained to Walker that he should not lie to agents just to tell the same story he may
have told a bank. SA Evans stated it was a crime to lie to a federal agent. SA Evans
stated the agents were aware that after Walker sent $37,000 to Paremore, that within
a short time frame, Paremore sent $34,000 to WILBERT, and if not for the initial
$37,000, Paremore would not have had the funds to send to WILBERT. Walker
stated the money he provided to Paremore was for a truck; however, after the
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interview, Walker admitted to SA Evans that he had lied and that the $37,000 Walker
paid to Paremore was in fact intended for WILBERT as part of Walker’s fee for
WILBERT obtaining the loan for Walker. Walker later advised that he was instructed
to send the money to Paremore and was told at the time it was for WILBERT helping
Walker. During the interview, Walker stated that he never saw the SBA applications
and did not complete the applications himself. Walker’s business did not have gross
receipts of $1.3 million and sixteen employees in 2019. Walker also advised that he
never used the email address BoxerTravis Walker@gmail.com (which was on the
application).
Damisi Scott (“Scott”) was also interviewed by agents. Scott said that he did
apply for an SBA EIDL loan through someone in Tallahassee, FL (he did not recall
the person’s name, but based on bank deposits noted above, it was Wilbert Stanley).
The individual was a male who also owned a restaurant in Tallahassee, FL, and also
owned Yep We Kan. Scott believed that the SBA EIDL loan he received was for his
trucking company. Scott started his business in 2021. Scott did not own or operate
a business in 2019 or 2020. Scott provided his full name, social security number,
mailing address and bank account information to the individual who applied for the
loan on Scott’s behalf. Scott believes he also provided his bank account information
at First Commerce Bank. Scott did not provide anyone with his gross receipts, cost
of goods sold or the number of employees the business had. Scott does not have any
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employees. Scott was asked if either of his businesses had gross receipts of $654,000
in the previous year (as reported on the SBA EIDL application); Scott stated his gross
receipts were nowhere near that. Scott was asked if he had eight employees or told
anyone he had eight employees; Scott stated no. Scott is not aware of nor has he ever
used the email address DamisiScott850@gmail.com (as reflected on the SBA EIDL
application). Scott stated the individual who applied for the loan must have created
it because he was unaware of it. Scott did not receive any emails from the SBA.
Scott believes he was charged $40,000 for the SBA EIDL loan. Scott paid
$15,000 to Kelvin Musgrove (“Musgrove”), who is Scott’s friend and who told Scott
about the individual who did loans for people. Scott believes that he paid Yep We
Kan in addition to the money paid to Musgrove. Scott believes he provided
Musgrove $10,000 in cash in order to pay the individual who helped Scott with the
loan. When Scott was asked about two $5,000 transfers from Scott’s bank account
to Yep We Kan, Scott clarified his earlier statement regarding cash withdrawals (for
$10,000) and stated that he wire transferred the money because he was out of town.
The total amount Scott paid for the loan was approximately $40,000, which
consisted of the $15,000 check paid to Musgrove, a $15,000 check to Yep We Kan,
and the two $5,000 wire transfers to Yep We Kan.
‘Romelle Potts (“Potts”) was interviewed by agents. Potts advised that she,
Antonio Long (“Long”) and WILBERT met at Longhorns to discuss the loan prior
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to receiving the SBA EIDL loan. WILBERT assured Potts that “white people do this
all the time” and that Potts just needed to have a business to qualify. WILBERT did
not instruct Potts to register a business with the state but stated it would be better if
Potts had one. Potts did not register a business with the state at WILBERT’s
direction. WILBERT told Potts the funds could be used to start a business and the
money from the SBA was just a business loan. Potts asked if it was a PPP loan at
the meeting because she had saw negative news concerning PPP loans. Potts recalls
seeing a rapper get in trouble about a PPP loan and asked Long to make sure the loan
Potts received was not a PPP loan. Potts never provided a copy of her social security
card to WILBERT. Potts does not recall if she took a picture of her driver’s license,
but said she may have texted her personal information such as date of birth, social
security number and bank account information to WILBERT. After receiving the
loan, WILBERT said Potts should invest in WILBERT’s business. Potts ultimately
invested in WILBERT’s business, which she was led to believe, meant she had
ownership in the Island Restaurant in Tallahassee, FL. Potts has eaten at the
restaurant, did not have to pay, and assumed it was because she was an investor.
After Potts received the SBA loan, WILBERT came to Potts’ house and the two of
them met alone outside while Long remained inside the house. Potts brought her
checkbook outside for the meeting. WILBERT instructed Potts to write the two
checks for the listed amounts and to make the checks payable to Yep We Kan
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Promotions (Check #101, $25,000) and Play Sports Bar (Check #102, $25,000).
While one of the checks was for investing in WILBERT’s restaurant business; the
other check was for an investment in the racing business associated with Long.
Potts has never received a payment for her purported investment in
WILBERT’s business. WILBERT claimed that he had an employee steal from the
business and that Covid has negatively affected the business, thus he cannot pay
Potts a return on her investment. Potts met WILBERT’s wife “Lecia” (known to the
federal agents as FELICIA). Potts said that she sent $5,000 to FELICIA on June 26,
2020, and $10,000 on June 23, 2020, via Cash App. Potts believes Long instructed
Potts to send the money to FELICIA for racing events and it could have been for a
racing event on July 4, 2020. In addition to the investments with WILBERT, Potts
decided to use the funds to invest in Long’s racing events. Potts also attends the
events and works at the events. Due to Covid and some events being rained out the
events have not been profitable. Potts is upset at not receiving any payment from the
racing events.
Potts advised that she registered the business Romelle Potts LLC with the
State of Florida because she was told not everything from Pennsylvania would
transfer to Florida. Potts never received any paperwork, such as requests for hazard
insurance from the SBA. Potts did receive something for Romelle Potts Cleaning
LLC. Potts thought it was a scam and gave it to Long to ask WILBERT if it was a
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scam. When Long called WILBERT, WILBERT informed Long the letter was a
scam. Potts never had a cleaning business. Potts’ businesses have always involved
makeup. Romelle Potts LLC was set up for Potts investments in the racing business.
Potts applied for an EIN number in 2020. Potts has never operated a pet cleaning
business. Potts was provided with a copy of an invoice submitted to the SBA (for the
EIDL application) for pet cleaning services provided to a customer Antonio Long.
Potts did not create the receipt and never saw the receipt until the agents showed her
a copy at the interview with the federal agents. Potts’ business does not employ
seventeen (17) people and never has.
Federal agents met with and interviewed Lakeidra Hamilton (“Hamilton”).
In addition to her work at the juvenile detention center, Hamilton started a hair
business in February 2021. Hamilton’s email address is
adoreekeicollection@gmail.com, and she does not use the email
lakeidrahamilton97@yahoo.com (on the SBA EIDL application in her name) and
was not aware of the email address prior the agents’ questioning. Hamilton only uses
. a Gmail address and has never used Yahoo. Hamilton has never had the phone
number 491-5056 (on the SBA EIDL application). Hamilton advised that she
received a loan from the SBA. Hamilton texted her information to a woman; she
believed it was FELICIA, but could not recall. Hamilton sent the woman her full
name, social security number, birthday, copy of her driver’s license and perhaps a
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copy of her bank statement. Hamilton had to provide the woman with half the loan
amount Hamilton received as payment. The woman told Hamilton she would receive
a loan amount up to $20,000. Hamilton was referred to the woman by Raven Faulk
(Faulk). The woman told Hamilton she could get Hamilton a loan and Hamilton
could use the money to start a business. The woman called Hamilton to tell Hamilton
she received the loan and at that time told Hamilton that she had to pay the woman
half of the loan amount as payment. Hamilton was told the money should have been
deposited and the woman asked when Hamilton was going to pay her. The woman
never told Hamilton she had to pay a fee prior to being notified she was approved
for the loan. The woman said Hamilton would receive two payments so Hamilton
had to make two payments to her; Hamilton withdrew the money in cash on several
occasions and physically delivered the funds to the woman. Hamilton does not recall
where the payments were made, what car the woman drove or if anyone was with
her. Hamilton made several payments because First Commerce would not let
Hamilton withdraw more than $500 at a time. The woman never told Hamilton she
had to pay the money back. Hamilton does not have and has never had eleven
employees. Hamilton did not have gross receipts of $124,997 or cost of goods sold
of $13,555. Hamilton did not even have a business in 2019. Hamilton did not
provide the aforementioned information to the woman who obtained the loan for
Hamilton. Hamilton never received any paperwork for the loan.
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Cedric Williams (“Cedric”) was interviewed by agents. Cedric, a TSA
employee, stated he was contacted by WILBERT, who told him about a free grant if
Cedric had good credit. Cedric provided his social security number, other personal
identification, and bank account information to WILBERT. Cedric stated that he
never saw or received any paperwork, but received what he thought to be a $10,000
grant. Cedric gave WILBERT $5,000 as a fee. After Cedric received the $10,000,
WILBERT contacted him again to tell Cedric that he was eligible for a loan.
WILBERT completed the SBA EIDL application for “Cedric Lawn Service” (which
did not exist and did not have revenue or cost of goods sold, and did not have any
employees). The email address on the SBA _ EIDL application
(williamscedric742@gmail.com) was created by WILBERT and Cedric advised that
he did not have access to that account. After receiving the SBA EIDL funds
($129,000), Cedric gave WILBERT $40,000 (roughly 1/3) in cash as a fee. Cedric
also reported that WILBERT offered to obtain a grant and loan for Cedric’s wife, but
they declined.
Dennis Colson (“Colson”) was interviewed by agents and advised that he has
known WILBERT since middle school. Colson was the manager of a car wash and
owns a car detailing business, but did not have any employees associated with his
business. WILBERT asked Colson if he would receive money in his (Colson’s) bank
account because WILBERT claimed he did not trust his business partners who were
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forcing him out of the business. Colson agreed and provided WILBERT with his
name, phone number, and bank account information. WILBERT allowed Colson to
keep half of the money. Colson recalled receiving $150,000 in his bank account and
that WILBERT had called him to alert him to the deposit. WILBERT met with
Colson where Colson gave WILBERT two cashier’s checks — one for $30,000 and
one for $20,000. Colson advised that he later checked his credit report and saw a
loan in his name. Colson advised that he was not aware of the loan nor did he give
permission to WILBERT to apply for a loan in his name. The email address used on
the SBA EIDL application in Colson’s name (denniscolsonusa@yahoo.com) was not
one that Colson recognized or used.
Darren Hinson (“Hinson’’) was interviewed by agents. He advised that he
knew FELICIA as Hinson was the business owner of Island Seafood, a restaurant
in Tallahassee, FL, and that FELICIA had helped him obtain a government loan.
Hinson advised that he gave Felicia his personal identification information, and
FELICIA told Hinson that the money would be coming soon. Hinson was never
told the details of the loan application, and he never told Felicia any details about
his business income or number of employees. After the loan was processed
($72,000), Felicia contacted Hinson to obtain payment for assisting Hinson with
obtaining the loan; Felicia wanted $15,000. Hinson said that if he knew he had to
pay Felicia $15,000, he would have never got the loan. Hinson said he did not
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Case 4:22-cr-00032-MW-MAF Document 23 Filed 07/29/22 Page 37 of 40
recognize the email address on the SBA EIDL loan application
(darrenhinson68@yahoo.com) and that he used Gmail.
* * *
In total, the following chart summarizes the actual and intended loss
amounts attributable to both FELICIA and WILBERT for the three SBA benefit
programs (PPP, EIDL, and SVOG):
Actual Intended
EIDL | $3,583,800.00 $3,583,800.00
PPP} $293,471.00 $404,801.66
SVOG| $989,869.95 $3,359,550.00
Total | $4,867,140.95 $7,348,151.66
PPP Lender Fees $24,789.90
TOTAL LOSS | $4,891,930.85 348,151.66
* * *
Money Laundering Transactions
The following chart summarizes the monetary transactions involving at least
$10,000 of fraudulently-obtained loan proceeds obtained through the fraud scheme
described above, each of which would constitute a separate charge pursuant to 18
U.S.C. § 1957:
AS ¢
a AY . og!
a reer ot
—
“Check | 6/11/2020| PLAY SPORTS BAR LLC ~ $40,010.00 _
Debit | 6/16/2020 | ROBINHOOD $11,876.00
Deposit | 6/18/2020 | GERONE JACKSON - FCCU $139,900.00
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Case 4:22-cr-00032-MW-MAF
Document 23 Filed 07/29/22
Page 38 of 40
Wire | 6/23/2020 | JEFFERY L PAREMORE - PNC $11,300.00
Wire 7/7/2020 | JEFFERY L PAREMORE - PNC $34,000.00
Transfer | 7/9/2020 | TD AMERITRADE $20,000.00
Transfer | 7/10/2020 a JACKSON STANLEY - $20,000.00
Deposit | 7/15/2020 | DENNIS COLSON JR - FCCU $30,000.00
Deposit | 7/15/2020 | DENNIS COLSON JR - FCCU $20,000.00
Deposit | 7/24/2020 | ROMELLE J POTTS — PSECU $25,000.00
Deposit | 7/24/2020 | ROMELLE J POTTS — PSECU $25,000.00
Check | 7/27/2020 | RAYBOUN MULLIGAN PLLC $217,335.41
Debit 8/3/2020 | COINBASE $15,000.00
Check | 8/10/2020 | YEP WE KAN PROMOTION - WF _| _ $20,000.00
Deposit | 8/24/2020 | DAMISI M SCOTT — FCCU $15,000.00
TRANSFER REQUESTED BY
Transfer 9/29/2020 FELICIA $19,829.59
SMITH THOMPSON SHAW
Check | 10/28/2020 | Orr ee DOWER Pa $15,767.87
With | 10/19/2021 | CASH WITHDRAWAL $15,000.00
Transfer |_ 10/20/2021 | YEP WE KAN PROMOTION - WF _| __ $50,000.00
Debit | 10/20/2021 | COINBASE $12,900.00
With | 10/21/2021 | CASH WITHDRAWAL $50,000.00
With | 10/22/2021 | CASH WITHDRAWAL $100,000.00
Debit | 10/26/2021 | ROBINHOOD $50,000.00
With | 10/27/2021 | CASH WITHDRAWAL $50,000.00
With | 11/8/2021 | CASH WITHDRAWAL $20,000.00
$1,027,918.87
ELEMENTS OF THE OFFENSE
I. Conspiracy to Commit Wire Fraud - 18 U.S.C. § 1349 (Count 1)
Conspiracy elements to be proven beyond a reasonable doubt:
(1)two or more persons, in some way or manner, agreed to try to accomplish a
common and unlawful plan to commit wire fraud, as charged in the
indictment; and .
(2)the Defendant knew the unlawful purpose of the plan and willfully joined in
1t5
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Case 4:22-cr-00032-MW-MAF Document 23 Filed 07/29/22 Page 39 of 40
Adapted from 1\th Circuit Pattern Jury Instructions § O54.
Wire Fraud elements:
(1) the Defendant knowingly devised or participated in a scheme to defraud, or
to obtain money or property by using false pretenses, representations, or
promises;
(2) the false pretenses, representations, or promises were about a material fact;
(3)the Defendant acted with the intent to defraud; and
(4) the Defendant transmitted or caused to be transmitted by wire some
communication in interstate commerce to help carry out the scheme to
defraud.
11th Circuit Pattern Jury Instructions § O51.
IJ. Money Laundering Conspiracy - 18 U.S.C. § 1956(h), 1957 (Count 2)
Conspiracy elements to be proven beyond a reasonable doubt:
(1)two or more people agreed to try to accomplish a common and unlawful plan
to violate 18 U.S.C. Section 1957; and
(2)the Defendant knew about the plan’s unlawful purpose and voluntarily
joined in it.
11th Circuit Pattern Jury Instructions § 074.5.
Money Laundering (1957) elements to be proven beyond a reasonable doubt:
(1) the Defendant knowingly engaged or attempted to engage in a monetary
transaction;
(2) the Defendant knew the transaction involved property or funds that were the
proceeds of some criminal activity;
(3)the property had a value of more than $10,000;
(4) the property was in fact proceeds of wire fraud; and
(5)the transaction took place in the United States.
11th Circuit Pattern Jury Instructions § 074.6.
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Case 4:22-cr-00032-MW-MAF Document 23 Filed 07/29/22 Page 40 of 40
Ill. False Statements - 18 U.S.C. § 1001 (Counts 3-4)
Elements to be proven beyond a reasonable doubt:
(1) The Defendant [made the statement] [made or used the document], as
charged;
(2) The [statement] [document] was false;
(3) The falsity concerned a material matter;
(4) The Defendant acted willfully, knowing that the [statement] [document]
was false; and
(5) The [false statement] [false document] was made or used for a matter
within the jurisdiction of a department or agency of the United States.
11th Circuit Pattern Jury Instructions § 036.
JASON R7 COOD
‘ | A hom United’States Atto
Robert Alex Morris Justin M. Keen / { .
Attorney for Defendants Florida Bar No. 021034
Assistant United States Attorney
alza\ee Northern District of Florida
111 North Adams Street, 4" Floor
bie Tallahassee, FL 32301
850-942-8430
elicia Jacks 4 Stanley Justin.Keen@usdoj.gov
Defendant
EL 7) meer
Date / Date ~
ar
Wilbert Jean Stanley III
Defendant
O) - 4- Do
Date
40
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