Superseding Indictment as to Heath Gauthier (1) counts 1s-6s, 7s-9s — USA v. Gauthier (Dkt. 24)

Record facts

D.N.H. · No. 1:23-cr-00015-JL-TSM · Doc. 24 · 2023-08-02 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW HAMPSHIRE 
UNITED STATES OF AMERICA 
               v. 
HEATH GAUTHIER, 
Defendant 
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Criminal Case No. 1:23-cr-15-JL-TSM-01 
Count 1-6:  Wire Fraud and Attempted Wire 
Fraud 
         (18 U.S.C. §§ 1343, 1349) 
Counts 7-9:  Aggravated Identity Theft 
         (18 U.S.C. § 1028A) 
Count 10:  Possession of Child Pornography  
         (18 U.S.C. § 2252A(a)(5)(B) & (b)(2)) 
SUPERSEDING INDICTMENT 
The Grand Jury charges: 
At all times material to this indictment: 
COUNTS ONE THROUGH SIX 
Wire Fraud and Attempted Wire Fraud 
[18 U.S.C. §§ 1343, 1349] 
1.
The defendant, HEATH GAUTHIER, was a resident of New Hampshire with a
residence in Rochester. 
2.
Itria Ventures LLC was a non-bank lender located in New York.
3.
Harvest Small Business Finance LLC was a non-bank lender located in
California. 
4.
Fountainhead Small Business Finance LLC was a non-bank lender located in
Florida.  
5.
ReadyCap Lending LLC was a non-bank lender located in New Jersey.
6.
WebBank was an FDIC insured bank headquartered in Utah.
7.
Cross River Bank was an FDIC insured bank headquartered in New Jersey.
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8. 
Northeast Bank was an FDIC insured bank with corporate offices in Maine, 
Massachusetts, and New York. 
9. 
Customers Bank was an FDIC insured bank headquartered in Pennsylvania.  
CARES Act Payroll Protection Program 
10. 
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. 
11. 
In or around March 2020, the Coronavirus Aid, Relief, and Economic Security 
(“CARES”) Act was enacted to provide emergency financial assistance to the millions of 
Americans suffering adverse economic effects caused by the COVID-19 pandemic. The CARES 
Act established several new temporary programs and expanded existing programs, including 
programs created or administered by the SBA. 
12. 
One source of relief provided by the CARES Act was the authorization of 
forgivable loans to small businesses for job retention and certain other expenses, through a 
program referred to as the Paycheck Protection Program (“PPP”). 
13. 
To obtain a PPP loan, the authorized representative of a business was required to 
state the business’s average monthly payroll expenses and number of employees. These figures 
were used to calculate the amount of money the small business was eligible to receive under the 
PPP. 
14. 
A participating lender would then process the PPP loan application. If the PPP 
loan application was approved, the participating lender funded the PPP loan using its own 
monies, which were fully guaranteed by the SBA. 
15. 
Itria Ventures LLC, Harvest Small Business Finance LLC, Fountainhead Small 
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Business Finance LLC, ReadyCap Lending LLC, WebBank, Cross River Bank,Northeast Bank, 
and Customers Bank (the “Lenders”) participated in the PPP as  lenders to small businesses. 
16. 
PPP loan applications were received by Lenders through server locations located 
outside of New Hampshire. 
CARES Act Economic Injury Disaster Loan Program 
and Economic Injury Disaster Grants 
 
17. 
The Economic Injury Disaster Loan (“EIDL”) program was another source of 
financial assistance provided by the CARES Act.  It provided low-interest financing to small 
businesses, renters, and homeowners in regions affected by declared disasters.  The EIDL 
program was administered by the SBA. 
18. 
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 (EIDGs).  The amount of the advance 
was determined by the number of employees the applicant certified having.  The advances did 
not need to be repaid. 
19. 
To obtain an EIDL and/or EIDG, a qualifying business was required to apply to 
the SBA and provide information about its operations, such as the number of employees, the 
entity’s gross business revenues, and cost of goods sold in the 12 months prior to January 31, 
2020.  The amount of the loan, if approved, was determined based, in part, on the information 
provided concerning the number of employees, gross revenue, and cost of goods. 
20. 
Any funds issued under an EIDL or EIDG were issued directly by the SBA.  
EIDL funds could be used for payroll expenses, sick leave, production costs, and business 
obligations, such as debts, rent, and mortgage payments. 
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21. 
EIDL and EIDG applications were received by a cloud-based platform through a 
server located in Des Moines, Iowa. 
The Scheme and Artifice to Defraud 
22. 
Between in or around February 2020, and continuing through in or around March 
2021, in the District of New Hampshire and elsewhere, the defendant, 
HEATH GAUTHIER, 
knowingly and willfully executed and attempted to execute a scheme and artifice to defraud the 
Lenders and the SBA and to obtain money by means of false and fraudulent pretenses, 
representations, and promises.   
23. 
GAUTHIER applied for approximately 10 PPP loans from the Lenders.  The total 
requested loan amount of these PPP loans was approximately $990,000. 
24. 
GAUTHIER applied for four EIDLs from the SBA.  The total requested loan 
amount of these EIDLs was approximately $130,000. 
25. 
GAUTHIER physically or electronically signed each PPP and EIDL application 
form and submitted them over the internet. 
26. 
For some applications, GAUTHIER applied as a sole proprietor in his own name.  
For others, he applied for loans for one of three fictitious businesses:  Sellingham Farm, Lilac 
City Home Care, and New England Power and Light (the “Companies”). 
27. 
Though they purport to be New Hampshire companies, none of the Companies 
are registered with the New Hampshire Secretary of State, and the Internal Revenue Service 
(“IRS”) does not have records related to the Companies.  
28. 
GAUTHIER used the identities of deceased persons to support many of his 
applications.  For example, GAUTHIER submitted three PPP loan applications and two EIDL 
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applications in the names of two deceased persons, DP-1 and DP-2.  In these applications 
GAUTHIER used the real name and social security number of DP-1 and DP-2 and included PDF 
images of counterfeit driver’s licenses purporting to be DP-1 and DP-2 but with pictures of other 
people.  
29. 
GAUTHIER also used the identities of DP-1, DP-2 and other deceased persons in 
supporting documentation for several of his PPP loan applications—approximately eight of 
whom died in or before 2011.  For example, in several PPP applications GAUTHIER listed these 
deceased persons in false tax and payroll documents for the Companies.   
30. 
As part of the PPP loan applications, the defendant was required to provide 
supporting documents substantiating his request for funds.  For most PPP applications, the 
defendant presented tax documents that were purportedly filed with the IRS.  The supporting tax 
documents were fraudulent because they were never filed with the IRS.  
31. 
GAUTHIER also submitted altered municipal and bank records in support of 
several of his PPP applications.  
32. 
As part of the EIDL applications, the defendant was required to provide certain 
information about the Companies.  For each EIDL application, the defendant provided false 
financial and payroll information.  Sometimes, the defendant also provided tax documents that 
were purportedly filed with the IRS.  The supporting tax documents were fraudulent because 
they were never filed with the IRS. 
33. 
The fraudulent documents provided in the loan applications were capable of 
influencing the Lenders and the SBA in making their determinations about whether to approve 
the loans. 
The Wire Fraud Offenses 
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34. 
On or about the dates listed below, in the District of New Hampshire and 
elsewhere, for the purpose of executing the scheme to defraud, the defendant transmitted and 
caused the transmission of writings, signs, and signals in interstate commerce by sending the 
wire transmissions listed below to the Lenders listed below and the SBA to and through locations 
outside of New Hampshire.  
 
Count 
Date 
PPP/
EIDL 
Listed 
Applicant 
Listed 
Business 
Lender 
Wire 
Amount 
Awarded 
1 
5/19/2020 PPP 
Gauthier 
Heath R 
Gauthier 
Itria Ventures
 
 
Application 
to lender 
$70,000 
2 
2/9/2021 
PPP 
Gauthier 
Sellingham 
Farm 
Harvest Small 
Business 
Finance 
Application 
to lender 
$116,007 
3 
4/15/2020 EIDL 
Gauthier 
New England 
Power and 
Light 
SBA 
Application 
to SBA 
$6,500 
 
All in violation of Title 18, United States Code, Sections 1343. 
 
 
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The Attempted Wire Fraud Offenses 
35. 
On or about the dates listed below, in the District of New Hampshire and 
elsewhere, for the purpose of attempting to execute the scheme to defraud, the defendant 
transmitted and caused the transmission of writings, signs, and signals in interstate commerce by 
sending the wire transmissions listed below to the Lenders listed below and the SBA to and 
through locations outside of New Hampshire.  
Count 
Date 
PPP/
EIDL 
Listed 
Applicant 
Listed 
Business 
Lender 
Wire 
Approx. 
Amount 
Sought 
4 
8/4/2020 
PPP 
DP-1 
Sellingham 
Farm 
Itria Ventures 
Application 
to lender 
$99,000 
5 
8/11/2020 PPP 
DP-2 
Sellingham 
Farm 
Fountainhead 
Small 
Business 
Finance 
Application 
to lender 
$99,000 
6 
6/18/2020 EIDL 
DP-1 
Heath 
Gauthier 
SBA 
Application 
to SBA 
$43,500 
 
All in violation of Title 18, United States Code, Sections 1343, 1349. 
 
 
 
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COUNTS SEVEN THROUGH NINE 
Aggravated Identity Theft  
18 U.S.C. § 1028A 
36. 
The Grand Jury realleges paragraphs 1 through 33.   
37. 
On or about the dates charted below, in the District of New Hampshire and 
elsewhere, the defendant, 
HEATH GAUTHIER, 
during and in relation to a felony violation of wire fraud and attempted wire fraud in violation 
of Title 18, United States Code, Sections 1343 and1349, knowingly possessed and used, 
without lawful authority, means of identification of another person—including the name and 
social security number—on applications for CARES Act loans. 
Count 
Date of 
Application 
Type of 
Application 
Means of 
Identification Used 
7 
8/4/2020 
PPP 
DP-1 
8 
8/11/2020 
PPP 
DP-2 
9 
6/18/2020 
EIDL 
DP-1 
 
All in violation of Title 18, United States Code, Section 1028A. 
 
 
 
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COUNT TEN 
Possession of Child Pornography  
18 U.S.C. § 2252A(a)(5)(B) & (b)(2) 
On or about February 16, 2023, in the District of New Hampshire, the defendant, 
HEATH GAUTHIER, 
knowingly possessed one or more computer disks and other material that contained one or more 
images of child pornography, as defined in Title 18, United States Code, Section 2256(8)(A), 
which involved a prepubescent minor, and which had been transported in and affecting interstate 
commerce by any means, including by computer and was produced using materials that have 
been transported in and affecting interstate or foreign commerce by any means, including by 
computer. 
All in violation of Title 18, United States Code, Sections 2252A(a)(5)(B) and (b)(2). 
 
 
 
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NOTICE OF FORFEITURE 
 
Upon conviction of one or more of the offenses set forth in Counts One through Nine of 
this Superseding Indictment, the defendant shall forfeit to the United States pursuant to 18 
U.S.C. §§ 981(a)(1)(C), 982(a)(2) and 28 U.S.C. § 2461(c), any property, real or personal, which 
constitutes or is derived from proceeds traceable to the offense, including a sum of money equal 
to the proceeds of the charged offenses. 
 
Upon conviction of the offense alleged in Count Ten of this Superseding Indictment, the 
defendant shall forfeit to the United States, pursuant to 18 U.S.C.§ 2253: (A) any matter which 
contains a visual depiction of minors engaged in sexually explicit conduct; (B) any property, real 
or personal, constituting or traceable to gross profits or other proceeds obtained from the offense; 
and (C) any property, real or personal, used or intended to be used to commit or to promote the 
commission of the offense, including but not limited to:  (A) One Western Digital 1 GB My 
Book 1110 external drive; SN: WCAV5J746167; (B) One Toshiba Laptop Computer Satellite 
P75-A7200, SN: 8D040167C; (C) One Motorola Edge Plus 2022 cell phone IMEI-
356439690571575, and (D) One SD Card. 
Pursuant to 21 U.S.C. § 853(p), the United States of America shall be entitled to 
forfeiture of substitute property if any of the property described above, as a result of any act or 
omission of the defendants: (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 divided without difficulty.  
 
 
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11 
 
 
 
 
 
 
 
A TRUE BILL 
 
 
Dated:  August 2, 2023 
 
 
 
/s/ Foreperson  
 
 
 
 
 
 
 
 
 
 
FOREPERSON 
 
 
JANE E. YOUNG 
UNITED STATES ATTORNEY 
 
 
By: 
/s/Matthew T. Hunter  
 
   
Matthew T. Hunter 
 
Assistant U.S. Attorney 
 
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