Third Superseding Indictment — United States v. Tollinchi (Dkt. 217, S.D. Fla.)

Summary

A third superseding indictment in United States v. Mariel Tollinchi, Maurice Shazier and Robenson Lauvince, No. 9:22-cr-80144-RS, in the U.S. District Court for the Southern District of Florida, entered on the docket March 2, 2023 as Document 217. Its general allegations describe the Paycheck Protection Program created under the CARES Act and the SBA-approved lenders that issued PPP loans. Count 1 charges a conspiracy to commit wire fraud under 18 U.S.C. § 1349, alleging that the defendants and co-conspirators sought to enrich themselves through false loan applications. The caption also cites 18 U.S.C. § 1956(h), 18 U.S.C. § 1343, 18 U.S.C. § 1028A(a)(1), 18 U.S.C. § 1957 and the forfeiture statute 18 U.S.C. § 982(a), and the indictment closes with a penalty sheet listing maximum terms for each statute.

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Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 1 of 26

                        UNITED STATES DISTRICT COURT
                        SOUTHERN DISTRICT OF FLORIDA

          CASE NO.           22-CR-80144-SMITH/MA YNARD(s)(s)(5)
                                 18 U.S.C. § 1349
                                18 U.S.C. § 1956(h)
                                18 U.S.C. § 1343
                                18 U.S.C. § 1028A(a)(1)
                                18 U.S.C. § 1956(a)(1)(B)(i)
                                18 U.S.C. § 1956(a)(2)(B)(i)
                                18 U.S.C. § 1957
                                18 U.S.C. § 982(a)

UNITED STATES OF AMERICA                             a                        |

vs.

MARIEL TOLLINCHI,                                            cnet                 |

MAURICE SHAZIER, and                                  | SUF A ER
ROBENSON LAUVINCE,

          Defendants.
                                       /

                       THIRD SUPERSEDING INDICTMENT

      The Grand Jury charges that:

                            GENERAL ALLEGATIONS

      At all times material to this Third Superseding Indictment:

                          The Paycheck Protection Program

       l.   The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal

law enacted in or around March 2020 and designed to provide emergency financial assistance to

the millions of Americans who were suffering the economic effects caused by the COVID-19

pandemic. One source of relief provided by the CARES Act was the authorization of forgivable

' '

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 2 of 26

loans to small businesses for job retention and certain other expenses, through a program referred
to as the Paycheck Protection Program (“PPP”).

2. The types of businesses eligible for a loan included sole proprietorships. In order to
obtain a PPP loan, a qualifying business (through its authorized representative or the sole
proprietor) signed and submitted a PPP loan application (Small Business Administration (“SBA”)
Form 2483) online through the lender’s application platform. In order to be eligible to obtain the
PPP loan, the PPP loan application required the business (through its authorized representative or
the sole proprietor) to acknowledge the program rules and make certain affirmative certifications.
The certifications included an attestation that the business was in operation on February 15, 2020,
and had employees for whom it paid salaries and payroll taxes, or paid independent contractors,
or was a sole proprietorship with no employees. In the PPP loan application, the small business
(through its authorized representative or the sole proprietor) was required to provide, among other
things, its average monthly payroll expenses and number of employees. In addition, businesses
applying for the PPP loan were required to provide documentation confirming their payroll
expenses. Typically, businesses supplied documents showing the amount of payroll taxes reported
to the Internal Revenue Service (“IRS”). The sole proprietorship had to report and document the
business’ income and expenses, as typically reported to the IRS on Form 1040, Schedule C. These
figures and documentation were used to calculate the amount of money the small business was
eligible to receive under the PPP. Sole proprietorships were eligible to receive a maximum PPP
loan of up to $20,833 to cover lost income.

3. A PPP loan application was processed by a participating lender. The SBA delegated
authority to third-party lenders to underwrite and approve the loans. Ifa PPP loan application was

approved, the participating lender funded the PPP loan using its own monies, which were 100%

2

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 3 of 26

guaranteed by the SBA. Data from the application, including information about the borrower, the
total amount of the loan, and the listed number of employees, was transmitted electronically by
the lender to the SBA in the course of processing the loan.

4. PPP loan proceeds were required to be used by the business on certain permissible
expenses — 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 spent the loan proceeds on
these expense items within a designated period of time and used a defined portion of the PPP loan
proceeds on payroll expenses.

The Economic Injury Disaster Loan Program

5. Before the COVID-19 pandemic, SBA’s Economic Injury Disaster Loan (“EIDL’’)
program provided low-interest financing to small businesses, renters, and homeowners in regions
affected by declared disasters.

6. The CARES Act also authorized the SBA to provide EIDL assistance to eligible
small businesses experiencing “substantial economic injury” (substantial financial disruptions)
due to the COVID-19 pandemic. In order to obtain a COVID-19 EIDL, a qualifying business was
required to submit electronically an EIDL application to the SBA and provide information about
its operations, such as the number of employees, gross revenues, and the cost of goods sold for the
12-month period preceding January 31, 2020. The applicant was also required to certify under
penalty of perjury that all of the information in the EIDL application was true and correct to the
best of the applicant’s knowledge. Before receiving a loan, a borrower was required to sign a Loan
Authorization and Agreement. Pursuant to that agreement, it was a condition of the loan that the
borrower would use the loan solely as working capital to alleviate economic injury caused by a

disaster occurring in January 2020 and continuing thereafter.

3

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 4 of 26

7. EIDL applications were submitted directly to, and processed by, the SBA, with
support from a government contractor. EIDL funds were issued directly from the United States
Treasury.

8. In addition, the CARES Act 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 the advance was
determined by the number of employees the applicant certified having at the small business. The
advances did not have to be repaid.

9. | SBA’s email and loan application servers were located outside the State of Florida,
so Wire communications between banks and the SBA and between EIDL applicants located within
Florida and the SBA necessarily traveled in interstate commerce.

The Defendants, Businesses, and Lenders

10. Co-conspirator Joff Stenn Wroy Philossaint was a resident of Broward and Miami-
Dade Counties, in the Southern District of Florida.

Il. Defendant MARIEL TOLLINCHI was a resident of Broward County, in the
Southern District of Florida.

12. Defendant REGINE MARIE RENE was a resident of Palm Beach County, in the
Southern District of Florida.

13. Defendant MAURICE SHAZIER wasa resident of St. Lucie County, in the Southern
District of Florida.

14. Defendant ROBENSON LAUVINCE was a resident of Broward County, in the
Southern District of Florida.

15. Co-conspirator Joff Stenn Wroy Philossaint was the principal and registered agent of
Royal Elite Trans, LLC (“ROYAL ELITE”), Elite International Financial Group, a/k/a Elite

4

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 5 of 26

International Venture Capital (*EIVC”), One Solution Group LLC (“ONE SOLUTION”), and Dad
Money Investment Group, LLC (“DAD MONEY”), purported businesses located in Broward
County, in the Southern District of Florida.

16. Defendant MARIEL TOLLINCHI and her family members were the principals of
the Cinda Foundation Inc., a/k/a “Cinda Fondation Inc”, (“CINDA”), a purported businesses
located in Broward County, in the Southern District of Florida. TOLLINCHI was a principal of
The Technical Advantage, Inc. (“TECHNICAL ADVANTAGE”), a purported businesses located
in Broward County, in the Southern District of Florida. TOLLINCHI’s family members were the
principals and registered agents of Ferro’s Entertainment and Production LLC (“FERRO’S”) and
D.F. d/b/a “Perfect Landscaping” (“PERFECT LANDSCAPING”), purported businesses located
in Broward County, in the Southern District of Florida. TOLLINCHI was also the principal of
Tollinchi Law P.A. (“TOLLINCHI LAW”), a law firm located in Broward County, in the Southern
District of Florida.

17. Defendant REGINE MARIE RENE was the principal and registered agent of Unfold
Perception, LLC (“UNFOLD”), a purported business located in Palm Beach County, in the
Southern District of Florida.

18. Defendant MAURICE SHAZIER was the principal and registered agent of Sunrise
City Construction Development LLC (“SUNRISE CITY”) and JREAM Vision T.V. LLC
(“JREAM”), purported businesses located in St. Lucie County, in the Southern District of Florida.

19. Defendant ROBENSON LAUVINCE was the principal and the registered agent of
Clear Shot Entertainment LLC (“CLEAR SHOT”), a purported business located in Broward

County, in the Southern District of Florida.

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 6 of 26

20. Lender #1 was headquartered in New Jersey and was an approved SBA lender for
PPP loans.

21. Lender #2 was headquartered in Delaware and was an approved SBA lender for PPP
loans.

22. Lender #3 was headquartered in Utah and was an approved SBA lender for PPP
loans.

COUNT 1
(Conspiracy to Commit Wire Fraud: 18 U.S.C, § 1349)

Paragraphs | through 22 of the General Allegations Section of this Third Superseding
Indictment are re-alleged and incorporated by reference as though fully set forth herein.

From in or around April 2020, continuing through on or about August 7, 2022, the exact
dates being unknown to the Grand Jury, in Palm Beach, St. Lucie, Broward, and Miami-Dade
Counties, in the Southern District of Florida, and elsewhere, the defendants,

MARIEL TOLLINCHI,
REGINE MARIE RENE,
MAURICE SHAZIER,
ROBENSON LAUVINCE,
and Joff Stenn Wroy Philossaint did willfully, that is, with the intent to further the object of the
conspiracy, and knowingly combine, conspire, confederate, and agree with each other and with
persons known and unknown to the Grand Jury, to knowingly, and with the intent to defraud,
devise, and intend to devise, a scheme and artifice to defraud, and to obtain money and property
by means of materially false and fraudulent pretenses, representations, and promises, knowing that

the pretenses, representations, and promises were false and fraudulent when made, and, for the

purpose of executing such scheme and artifice, did transmit and cause to be transmitted, by means

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 7 of 26

of wire communications in interstate and foreign commerce, certain writings, signs, signals,
pictures, and sounds, in violation of Title 18, United States Code, Section 1343.

OBJECT OF THE CONSPIRACY AND THE SCHEME AND ARTIFICE

It was the object of the conspiracy and of the scheme and artifice for the Defendants and
their co-conspirators to unlawfully enrich themselves by, among other things: (1) creating false
and fraudulent documents, including payroll records and tax documents that had not been filed
with the IRS; (2) submitting and causing the submission of false and fraudulent applications for
loans and loan agreements made available through the SBA to provide relief for the economic
effects caused by the COV1D-19 pandemic, including EIDL and PPP loans; (3) offering. paying,
and receiving kickbacks in return for causing the submission of false and fraudulent loan
applications; (4) diverting fraud proceeds for the Defendants’ and co-conspirators’ personal use
and benefit, the use and benefit of others, and to further the conspiracy and the scheme and artifice;
and (5) submitting and causing the submission of false and fraudulent applications for forgiveness
of the received loans.

MANNER AND MEANS

The manner and means by which the defendants and their co-conspirators sought to
accomplish the object of the conspiracy and the scheme and artifice included, among others, the
following:

(a) Joff Stenn Wroy Philossaint created and caused the creation of false and
fraudulent tax documents that had not been filed with the IRS for business entities owned and
controlled by himself, MARIEL TOLLINCHI, REGINE MARIE RENE, MAURICE SHAZIER,
ROBENSON LAUVINCE, and others known and unknown to the Grand Jury, for the purpose of

applying for PPP loans and EIDLs.

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 8 of 26

(b) Joff Stenn Wroy Philossaint, MARIEL TOLLINCHI, REGINE MARIE
RENE, MAURICE SHAZIER, ROBENSON LAUVINCE., and others known and unknown to the
Grand Jury submitted and caused the submission of false and fraudulent PPP loan and EIDL
applications and agreements.

(c) The PPP loan and EIDL applications and agreements submitted, or caused
to be submitted, by Joff Stenn Wroy Philossaint, MARIEL TOLLINCHI, REGINE MARIE
RENE, MAURICE SHAZIER, ROBENSON LAUVINCE, and others known and unknown to the
Grand Jury included false and fraudulent tax documents that had not been filed with the IRS and
made false and fraudulent representations about the borrowing entities’ number of employees,
amount of monthly payroll, gross income, cost of goods sold, and the purposes for which the loans
would be used.

(d) Joff Stenn Wroy Philossaint created and caused the creation of false and
fraudulent payroll accounts with a payroll processing service for business entities owned and
controlled by himself, MARIEL TOLLINCHI, REGINE MARIE RENE, MAURICE SHAZIER,
ROBENSON LAUVINCE, and others known and unknown to the Grand Jury, for the purpose of
applying for PPP loans and PPP loan forgiveness.

(e) Having obtained PPP loans for those entities, Joff Stenn Wroy Philossaint,
MARIEL TOLLINCHI, REGINE MARIE RENE, MAURICE SHAZIER, ROBENSON
LAUVINCE, and others known and unknown to the Grand Jury caused the electronic wire transfer
of a portion of the loan proceeds to a payroll processing service to make it appear that the proceeds
were being used for legitimate payroll expenses.

(f) Having obtained PPP loans and EIDLs for their business entities, Joff Stenn
Wroy Philossaint caused MARIEL TOLLINCHI, REGINE MARIE RENE, MAURICE

8

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 9 of 26

SHAZIER, ROBENSON LAUVINCE, and others known and unknown to the Grand Jury to pay
kickbacks of approximately 10% of the loans’ values to Joff Stenn Wroy Philossaint via checks
and wire transfers that were often disguised to appear to be legitimate business expenses.

(g)  Joff Stenn Wroy Philossaint, MARIEL TOLLINCHI, REGINE MARIE
RENE, MAURICE SHAZIER, ROBENSON LAUVINCE, and others known and unknown to the
Grand Jury submitted and caused the submission of false and fraudulent applications for PPP loan
forgiveness for these business entities.

(h) As a result of the false and fraudulent representations that Joff Stenn Wroy
Philossaint, MARIEL TOLLINCHI, BRIANNA MONIQUE GAYLE, MAURICE SHAZIER,
ROBENSON LAUVINCE, and others known and unknown to the Grand Jury made in the PPP
loan and EIDL applications submitted as part of this scheme, financial institutions and the SBA
disbursed loan proceeds to the Defendants and their co-conspirators in the amount of at least
approximately $8.1 million.

All in violation of Title 18, United States Code, Section 1349.

COUNT 2
(Conspiracy to Commit Money Laundering: 18 U.S.C. § 1956(h))

From in or around April 2020, continuing through on or about August 7, 2022, the exact
dates being unknown to the Grand Jury, in Palm Beach, St. Lucie, Broward, and Miami-Dade
Counties, in the Southern District of Florida, and elsewhere, the defendants,

MARIEL TOLLINCHI,
REGINE MARIE RENE,
MAURICE SHAZIER,
ROBENSON LAUVINCE,
and Joff Stenn Wroy Philossaint did knowingly and voluntarily combine, conspire, confederate,

and agree with each other, and with persons known and unknown to the Grand Jury, to knowingly

9

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 10 of 26

conduct, and attempt to conduct, a financial transaction affecting interstate and foreign commerce
involving the proceeds of specified unlawful activity, knowing that the property involved in the
transaction represented the proceeds of some form of unlawful activity, and knowing that the
transaction was designed, in whole and in part, to conceal and disguise the nature, location, source,
ownership, and control of the proceeds of said specified unlawful activity, in violation of 18 U.S.C.
§ 1956(a)(1)(B)(i).

It is further alleged that the specified unlawful activity is wire fraud, in violation of 18
U.S.C. § 1343.

All in violation of Title 18, United States Code, Section 1956(h).

COUNT 3
(Conspiracy to Commit Money Laundering: 18 U.S.C. § 1956(h))

From in or around April 2020, continuing through on or about August 7, 2022, the exact
dates being unknown to the Grand Jury, in Palm Beach, St. Lucie, Broward, and Miami-Dade
Counties, in the Southern District of Florida, and elsewhere, the defendant,

MARIEL TOLLINCHI,
and Joff Stenn Wroy Philossaint did knowingly and voluntarily combine, conspire, confederate,
and agree with each other and with persons known and unknown to the Grand Jury, to:

(a) knowingly transmit and transfer monetary instruments and funds, from a
place inside the United States to and through a place outside the United States, knowing that the
monetary instruments and funds involved in such transmission and transfer represented the
proceeds of some form of unlawful activity, and knowing that such transmission and transfer was

designed in whole and in part to conceal and disguise the nature, location, source, ownership, and

10

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 111 of 26

control of the proceeds of specified unlawful activity, in violation of 18 U.S.C. § 1956(a)(2)(B)(i);
and
(b) knowingly engage in a monetary transaction by, through, and to a financial

institution, affecting interstate and foreign commerce, in criminally derived property of a value
greater than $10,000 that is derived from specified unlawful activity, in violation of 18 U.S.C.
§ 1957.

It is further alleged that the specified unlawful activity is wire fraud, in violation of 18
U.S.C. § 1343.

All in violation of Title 18, United States Code, Section 1956(h).

COUNTS 4-25
(Wire Fraud: 18 U.S.C. § 1343)

The Genera! Allegations Section of this Third Superseding Indictment is re-alleged and
incorporated by reference as though fully set forth herein.

From in or around Apri! 2020, continuing through on or about August 7, 2022, the exact
dates being unknown to the Grand Jury, in Palm Beach, St. Lucie, Broward, and Miami-Dade
Counties, in the Southern District of Florida, and elsewhere, the defendants,

MARIEL TOLLINCHI,
REGINE MARIE RENE,
MAURICE SHAZIER, and
ROBENSON LAUVINCE,
did knowingly, and with the intent to defraud, devise, and intend to devise, a scheme and artifice
to defraud, and to obtain money and property by means of materially false and fraudulent
pretenses, representations, and promises, knowing that the pretenses, representations, and

promises were false and fraudulent when made, and, for the purpose of executing such scheme and

artifice, did transmit and cause to be transmitted, by means of wire communications in interstate

11

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 12 of 26

and foreign commerce, certain writings, signs, signals, pictures, and sounds, in violation of Title
18, United States Code, Section 1343.

OBJECT OF THE SCHEME AND ARTIFICE

The section of Count | of this Third Superseding Indictment entitled “Object of the
Conspiracy and the Scheme and Artifice” is realleged and incorporated by reference as though
fully set forth herein to describe the object of the scheme and artifice.

THE SCHEME AND ARTIFICE

The section of Count | of this Third Superseding Indictment entitled “Manner and Means”
is realleged and incorporated by reference as though fully set forth herein to describe the manner
and means of the scheme and artifice.

USE OF WIRES

On or about the dates specified as to each count below, in Palm Beach, St. Lucie, Broward,
and Miami-Dade Counties, in the Southern District of Florida, and elsewhere, the specified
defendants, for the purpose of executing and in furtherance of the aforesaid scheme and artifice to
defraud, and to obtain money and property by means of materially false and fraudulent pretenses,
representations, and promises, knowing that the pretenses, representations, and promises were
false and fraudulent when made, did knowingly transmit and cause to be transmitted, by means of
wire communications in interstate and foreign commerce, certain writings, signs, signals, pictures,

and sounds, as described below:

Count Date Defendants Interstate Wire
4 6/15/2020 ROBENSON Electronic submission of PPP loan application
LAUVINCE to Lender #3 on behalf of CLEAR SHOT
5 6/18/2020 REGINE MARIE | Electronic submission of PPP loan application
RENE to Lender #3 on behalfof UNFOLD

12

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 13 of 26

Count Date Defendants Interstate Wire
6 7/8/2020 ROBENSON Electronic transmission of loan agreement,
LAUVINCE note, and related documents to SBA on behalf
of CLEAR SHOT
7 7/13/2020 MARIEL Electronic submission of EIDL application to
TOLLINCHI SBA on behalf of PERFECT
LANDSCAPING
8 7/21/2020 MARIEL Electronic submission of EIDL application to
TOLLINCHI SBA on behalf of FERRO’S
9 7/31/2020 MAURICE Electronic submission of EIDL application to
SHAZIER SBA on behalf of JREAM
10 8/2/2020 REGINE MARIE. | Electronic submission of EIDL application to
RENE SBA on behalf of UNFOLD
I] 11/18/2020 MARIEL Electronic submission of EIDL application to
TOLLINCHI SBA on behalf of CINDA
12 11/25/2020 MARIEL Electronic submission of EIDL application to
TOLLINCHI SBA on behalf of TECHNICAL
ADVANTAGE
13 11/27/2020 MARIEL Electronic submission of purported Form
TOLLINCHI 1120-S to SBA on behalf of TECHNICAL
ADVANTAGE
14 2/12/2021 MAURICE Electronic submission of PPP loan application
SHAZIER to Lender #1] on behalf of SUNRISE CITY
15 2/12/2021 MAURICE Electronic submission of PPP loan application
SHAZIER to Lender #1 on behalf of JREAM
16 2/14/2021 ROBENSON Electronic transmission of loan agreement,
LAUVINCE note, and related documents to Lender #2 on
behalf of CLEAR SHOT
17 2/15/2021 MARIEL Electronic submission of PPP loan application
TOLLINCHI to Lender #2 on behalf of CINDA
18 2/18/2021 REGINE MARIE | Electronic submission of purported Forms 941
RENE to Lender #3 on behalf of UNFOLD
19 2/22/2021 REGINE MARIE | Electronic submission of PPP loan application
RENE to Lender #3 on behalf of UNFOLD
20 ~ 4/19/2021 MARIEL Electronic transmission of documents toa
TOLLINCHI payroll processing service to open a payroll
account on behalf of CINDA
21 5/5/2021 MAURICE Electronic submission of PPP loan application
SHAZIER to Lender #1 on behalf of SUNRISE CITY

13

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 14 of 26

Count Date Defendants Interstate Wire
22 5/5/2021 MAURICE Electronic submission of PPP loan application
SHAZIER to Lender #1 on behalf of JREAM
23 5/6/2021 REGINE MARIE. | Electronic transmission of documents to a
RENE payroll processing service to open a payroll
account on behalf of UNFOLD.
24 6/11/2021 MARIEL Electronic transmission of Form 4506-T

TOLLINCHI (Disaster Request for Transcript of Tax

Return) to SBA on behalf of PERFECT

LANDSCAPING

25 6/11/2021 MARIEL Electronic transmission of Form 4506-T

TOLLINCHI (Disaster Request for Transcript of Tax
Return) to SBA on behalf of FERRO’S

COUNT 26
(Aggravated Identity Theft: 18 U.S.C. § 1028A(a)(1))

On or about April 19, 2021, in Broward County, in the Southern District of Florida, and

elsewhere, the defendant,
MARIEL TOLLINCHI,

during and in relation to felony violations of Title 18. United States Code, Section 1349, that is,
conspiracy to commit wire fraud, as charged in Count | of this Third Superseding Indictment, and
of Title 18, United States Code, Section 1343, that is, wire fraud, as charged in Count 20 of this
Third Superseding Indictment, did knowingly transfer, possess, and use, without lawful authority,
the means of identification of another person, that is, the name, date of birth, and Social Security
number of N.T., in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.

COUNTS 27-32
(Money Laundering: 18 U.S.C. § 1956(a)(1)(B)(i))

The General Allegations Section of this Third Superseding Indictment is re-alleged and

incorporated by reference as though fully set forth herein.

14

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On or about the dates set forth in each Count below, in Broward and Miami-Dade Counties,
in the Southern District of Florida, and elsewhere, the defendants,
MARIEL TOLLINCHI,
REGINE MARIE RENE,

MAURICE SHAZIER, and
ROBENSON LAUVINCE

did knowingly conduct and attempt to conduct a financial transaction affecting interstate and
foreign commerce involving the proceeds of specified unlawful activity, knowing that the property
involved in the transaction represented the proceeds of some form of unlawful activity, and
knowing that the transaction was designed, in whole and in part, to conceal and disguise the nature,
location, source, ownership, and control of the proceeds of said specified unlawful activity, as

more specifically described below:

Count Date Defendant Financial Transaction

27 6/18/2020 ROBENSON Deposit of check number 1097 in the amount of
LAUVINCE approximately $18,270, drawn on CLEAR
SHOT’s account ending in 5325 at Wells Fargo
Bank, with a notation of “account setup”, into
ROYAL ELITE’s account ending in 0080 at
Bank of America.
28 3/12/21 REGINE MARIE _ | Deposit of check number 1019 in the amount of
RENE approximately $5,597, drawn on UNFOLD’s
account ending in 8839 at Wells Fargo Bank,
with a notation of “accounting,” into EIVC’s
account ending in 424] at Synovus Bank.
29 4/15/2021 MARIEL Deposit of check number 1062 in the amount of
TOLLINCHI approximately $7,500, drawn on CINDA’s
account ending in 6917 at Popular Bank, with a
notation of “Legal Services,” into TOLLINCHI
LAW’s account ending in 6299 at Chase Bank.
30 4/28/2021 MARIEL Deposit of check number 1067 in the amount of
TOLLINCHI approximately $3,500, drawn on CINDA’s
account ending in 6917 at Popular Bank, with a
notation of “Legal Services,” into TOLLINCHI
LAW’s account ending in 6299 at Chase Bank.


Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 16 of 26

Count Date Defendant _ Financial Transaction
31 /17/202) MAURICE Deposit of check number 1017 in the amount of
SHAZIER approximately $10,000, drawn on SUNRISE

CITY’s account ending in 7117 at Bank of
America, with a notation of “advertisement,”
into E[VC’s account ending in 4241 at Synovus

Bank.
32 5/18/2021 MAURICE Electronic wire transfer of approximately
SHAZIER $7.300 from JREAM’s account ending in 0316

at Wells Fargo Bank, with a notation of
“advertisement commission,” into EIVC’s
account ending in 636] at Synovus Bank.

It is further alleged that the specified unlawful activity was wire fraud, in violation of Title
18, United States Code, Section 1343.
In violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i) and 2.

COUNTS 33-34
(International Money Laundering: 18 U.S.C. § 1956(a)(2)(B)(i))

The General Allegations Section of this Third Superseding Indictment is re-alleged and
incorporated by reference as though fully set forth herein.

On or about the dates set forth in each Count below, in Broward County, in the Southern
District of Florida, and elsewhere, the defendant,

MARIEL TOLLINCHI,

did knowingly transmit and transfer and attempt to transmit and transfer monetary instruments and
funds from a place inside the United States to and through a place outside the United States,
knowing that the monetary instruments and funds involved in such transmission and transfer
represented the proceeds of some form of unlawful activity, and knowing that such transmission
and transfer was designed in whole and in part to conceal and disguise the nature, location, source,
ownership, and control of the proceeds of specified unlawful activity, as more specifically

described below:

16

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 17 of 26

Count Date Description of Financial Transaction

33 1/6/2022 | Electronic wire transfer of approximately $26,371 from TOLLINCHI
LAW’s account ending in 1969 at Chase Bank to an account in the
Dominican Republic.
34 1/25/2022 | Electronic wire transfer of approximately $200,000 from TOLLINCHI
LAW’s account ending in 1969 at Chase Bank to an account in the
Dominican Republic.

It is further alleged that the specified unlawful activity was wire fraud, in violation of Title
18, United States Code, Section 1343.
In violation of Title 18, United States Code, Sections 1956(a)(2)(B)(i) and 2.

COUNTS 35-36
(Engaging in a Transaction in Criminally Derived Property: 18 U.S.C. § 1957)

On or about the dates set forth in each Count below, in Broward County, in the Southern
District of Florida, and elsewhere, the defendants,

MARIEL TOLLINCHI and
ROBENSON LAUVINCE,

did knowingly engage in and attempt to engage in a monetary transaction affecting interstate
commerce, by, through, and to a financial institution, in criminally derived property of a value
greater than $10,000, as more specifically described below, such property having been derived
from a specified unlawful activity, and knowing that the property involved in the financial
transaction represented the proceeds of some form of unlawful activity.

It is further alleged that the specified unlawful activity was wire fraud, in violation of Title

18, United States Code, Section 1343.

Count Date Defendant Financial Transaction

35 6/18/2020 ROBENSON Deposit of check number 1097 in the amount of
LAUVINCE approximately $18,270, drawn on CLEAR
SHOT’s account ending in 5325 at Wells Fargo
Bank, with a notation of “account setup”, into
ROYAL ELITE’s account ending in 0080 at
Bank of America.

17

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 18 of 26

36 7/27/2020 MARIEL Electronic wire transfer of approximately
TOLLINCIII $70,800 from D.P.’s account ending in 3145 at
Popular Bank to TOLLINCHI LAW’s account
ending in 6299 at Chase Bank

In violation of Title 18, United States Code, Sections 1957 and 2.
FORFEITURE ALLEGATIONS

l. The allegations of this Superseding Indictment are hereby re-alleged and by this
reference fully incorporated herein for the purpose of alleging forfeiture to the United States of
America of certain property in which the defendants, MARIEL TOLLINCHI, REGINE MARIE
RENE, MAURICE SHAZIER, and ROBENSON LAUVINCE have an interest.

2. Upon conviction of a violation of Title 18, United States Code, Section 1349 or
1343, as alleged in this Third Superseding Indictment, the defendant shall forfeit to the United
States any property constituting, or derived from, proceeds obtained, directly or indirectly, as the
result of such offense, pursuant to Title 18, United States Code, Section 982(a)(2)(A).

3. Upon conviction of a violation of Title 18, United States Code, Section 1956(h),
1956(a)(1)(B)(i), 1956(a)(2)(B){i), or 1957, as alleged in this Third Superseding Indictment, the
defendant shall forfeit to the United States any property, real or personal, involved in such offense,

and any property traceable to such property, pursuant to Title 18, United States Code, Section

982(a)(1).

18

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 19 of 26

All pursuant to Title 18, United States Code, Sections 982(a)(1) and 982(a)(2)(A), and the
procedures set forth at Title 21, United States Code, Section 853, as incorporated by Title 18,
United States Code, Sections 982(b)(1).

A TRUE BILL.

FOREPERSON

MARC OSBORNE
ASSISTANT UNITED STATES ATTORNEY

19

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 20 of 26

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA CASE NO.:22-CR-80144-SMITH/MAYNARD(s)(s){s)
Vv.
MARIEL TOLLINCHI, REGINE M. RENE, CERTIFICATE OF TRIAL ATTORNEY*
MAURICE SHAZIER, and ROBENSON LAUVINCE,
/ Superseding Case Information:
Defendants.

Court Division (select one) New Defendant(s) (Yes or No) No

[) Miami El) Key West [FTP Number of New Defendants

EF) FTL WPB Total number of New Counts 4

I do hereby certify that:

I.

10.
ll.
12.
13.

14.

| have carefully considered the allegations of the indictment, the number of defendants, the number of probable
witnesses and the legal complexities of the Indictment/Information attached hereto.

| am aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting
their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. §3161.

Interpreter: (Yes or No) No
List language and/or dialect:

This case will take 15 days for the parties to try.

Please check appropriate category and type of offense listed below:

(Check only one) (Check only one)
I £1 Oto 5 days LC] Petty

If [4 6to 10 days [1 Minor

Ill 11 to 20 days [7] Misdemeanor
IV (121 to 60 days Felony

V_ [161 days and over

Has this case been previously filed in this District Court? (Yes or No)

If yes, Judge Smith Case No.

Has a complaint been filed in this matter? (Yes or No) Yes

If yes, Magistrate Case No. 22-8336-BER, 22-8337, 22-8357

Does this case relate to a previously filed matter in this District Court? (Yes or No) No

If yes, Judge Case No.

Defendant(s) in federal custody as of

Defendant(s) in state custody as of

Rule 20 from the District of

Is this a potential death penalty case? (Yes or No) No

Does this case originate from a matter pending in the Northern Region of the U.S. Attorney’s Office
prior to August 8, 2014 (Mag. Judge Shaniek Maynard? (Yes or No) No

Does this case originate from a matter pending in the Central Region of the U.S. Attorney’s Office
prior to October 3, 2019 (Mag. Judge Jared Strauss? (Yes or No)No

MARC OSBORNE
Assistant United States Attorney

Court ID No. A550796

By:


Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 21 of 26

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: MARIEL TOLLINCHI

Case No: _22-CR-80144-SMITH/MA YNARD(s\(s)(s)

Count #1:

Conspiracy to Commit Wire Fraud .

Title 18, United States Code, Section 1349
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Count #2:

Conspiracy to Commit Money Laundering

Title 18, United States Code, Section 1956(h)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Count #3:

Conspiracy to Commit Money Laundering

Title 18, United States Code, Section 1956(h)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Counts #7, 8, 11, 12, 13, 17, 20, 24, 25:

Wire Fraud

Title 18, United States Code, Section 1343
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gain

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 22 of 26

Count #26:

Aggravated identity theft

Title 18, United States Code, Section 1028A
* Min. & Max. Term of Imprisonment: 2 years consecutive to any other term of
imprisonment imposed on the person under any other provision of law

* Max. Supervised Release: 3 years
* Max. Fine: $250,000

Counts #29-30:

Money Laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Counts #33-34:

International Money Laundering

Title 18, United States Code, Section 1956(a)(2)(B)(i)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Count #36:

Engaging in a Transaction in Criminally Derived Property

Title 18, United States Code, Section 1957
* Max. Term of Imprisonment: 10 years
* Max. Supervised Release: 3 years
* Max. Fine: $259,000 or twice value of derived property

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 23 of 26

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET
Defendant's Name: REGINE MARIE RENE

Case No: _22-CR-80144-SMITH/MA YNARD(s\(s)(s)

Count #1:

Conspiracy to Commit Wire Fraud

Title 18, United States Code, Section 1349
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Count #2:

Conspiracy to Commit Money Laundering

Title 18, United States Code, Section 1956(h)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Counts #5, 10, 18, 19, 23:

Wire Fraud

Title 18, United States Code, Section 1343
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gain

Count #28:

Money Laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 24 of 26

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: MAURICE SHAZIER

Case No: 22-CR-80144-SMITH/MAYNARD(s\(s)(s)

Count #1:

___Conspiracy to Commit Wire Fraud

_Title 18, United States Code, Section 1349
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Count #2:

Conspiracy to Commit Money Laundering
Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Counts #9, 14, 15, 21, 22:

Wire Fraud

Title 18, United States Code, Section 1343
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Counts #31-32:

Money Laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 25 of 26

?

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: ROBENSON LAUVINCE

Case No: 22-CR-80144-SMITH/MA YNARD(s)(s\(s)

Count #1:

Conspiracy to Commit Wire Fraud

Title 18, United States Code, Section 1349
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Count #2:

Conspiracy to Commit Money Laundering _

Title 18, United States Code, Section 1956(h)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Counts #4, 6, 16:

Wire Fraud

Title 18, United States Code, Section 1343
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gain

Count #27:

Money Laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.

Case 9:22-cr-80144-RS Document 217 Entered on FLSD Docket 03/02/2023 Page 26 of 26

Count #35:

Engaging in a Transaction in Criminally Derived Property

Title 18, United States Code, Section 1957
* Max. Term of Imprisonment: 10 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice amount of criminally derived property

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.

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