Factual Basis — United States v. Mosley (Dkt. 3, W.D.N.C.)

Summary

A factual basis filed by the United States in support of a plea agreement in United States v. Kelly Bree Mosley, Docket No. 3:24-CR-72-KDB, in the U.S. District Court for the Western District of North Carolina, on March 26, 2024 as Document 3. Filed under Local Criminal Rule 11.2, it states that the parties agree the facts are sufficient to establish the elements of the crime. It states that Mosley submitted false and fraudulent loan applications using false information about small businesses, including fake revenues, and obtained $125,317 in relief funds intended for businesses harmed by the COVID-19 pandemic. It describes conduct from on or about May 2020 through on or about April, 2021 involving false Economic Injury Disaster Loan and Paycheck Protection Program loan documents, in violation of Title 18 United States Code Section 1343.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

IN THE UNITED STATES DISTRICT COURT
                   FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                                CHARLOTTE DIVISION

UNITED STATES OF AMERICA                       )
                                               )          DOCKET NO. 3:24-CR­72-KDB
            v.                                 )
                                               )          FACTUAL BASIS
KELLY BREE MOSLEY                              )


       NOW COMES the United States of America, by and through DenaJ. King, United States
Attorney for the Western District of North Carolina, and hereby files this Factual Basis in suppmt
of the plea agreement filed simultaneously in this matter.

        This Factual Basis is filed pursuant to Local Criminal Rule 11.2 and does not attempt to
set forth all of the facts known to the United States at this time. By their signatures below, the
parties expressly agree that there is a factual basis for the guilty plea(s) that the defendant will
tender pursuant to the plea agreement, and that the facts set forth in this Factual Basis are sufficient
to establish all of the elements of the crime(s). The parties agree not to object to or otherwise
contradict the facts set forth in this Factual Basis.

        Upon acceptance of the plea, the United States will submit to the Probation Office a
"Statement of Relevant Conduct" pursuant to Local Criminal Rule 32.4. The defendant may
submit (but is not required to submit) a response to the Government's "Statement of Relevant
Conduct" within seven days of its submission. The parties understand and agree that this Factual
Basis does not necessarily represent all conduct relevant to sentencing. The parties agree that they
have the right to object to facts set forth in the presentencereport that are not contained in this
Factual Basis. Either party may presentto the Court additional relevant facts that do not contradict
facts set forth in this Factual Basis.

       1.      Defendant KELLY BREE MOSLEY submitted and caused to be submitted false
and fraudulent loan applicationsusing false information regarding small businesses, includingfake
revenues. As a result of the fraudulent applications, MOSLEY obtained $125,317 in relief funds
that were intended to be provided to existing businesses harmed by the COVID-19 pandemic.

        2.     From on or about May 2020, through on or about April, 2021, MOSLEY, with
intent to defraud, did knowingly and intentionally devise a scheme and artifice to defraud by: (I)
preparing and causing to be prepared false and fraudulent Economic Injury Disaster Loan
("EIDL") and Paycheck Protection Program ("PPP") loan documents, including applications and
other forms and (2) submitting and causing to be submitted the false and fraudulent loan
applications in order to obtain funds through the EIDL and PPP programs, in violation of Title 18
United States Code Section 1343.




       Case 3:24-cr-00072-KDB-SCR Document 3 Filed 03/26/24 Page 1 of 3

Case 3:24-cr-00072-KDB-SCR Document 3 Filed 03/26/24 Page 2 of 3

Case 3:24-cr-00072-KDB-SCR Document 3 Filed 03/26/24 Page 3 of 3

File and source

File

gov.uscourts.ncwd.115607.3.0.pdf

Size

168,263 bytes

SHA-256

b7bec1f67fa8e0500a4fcb7f8b2846a30910c99c6540195b45647bd00b749f7b

Our copy

gov.uscourts.ncwd.115607.3.0.pdf

Original

archive.org