Second Superseding Indictment as to Kisha Sutton — United States v. Sutton et al. (Dkt. 245, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 245 · 2025-06-10 · Docket on CourtListener

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Case 2:24-cr-00192 Document 245 Filed 06/10/25 Page 1 of 7 PagelD #: 1252

FILED

UNITED STATES DISTRICT COURT FOR THE JUN | 0 2025
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON GRAND JURY 2024 LTO

JUNE 10, 2025 SESSION Socios tlamtnal Vion Veet

UNITED STATES OF AMERICA

Vv. CRIMINAL NO. 2:24-cr-00192

18 U.S.C. § 1344

18 U.S.C. § 1956(a) (1) (B) (i)
KISHA SUTTON 18 U.S.C. § 2
SHAMIESE WRIGHT

The Grand Jury Charges:
Background
At all times relevant to this Second Superseding Indictment:

Lis Financial Institution 1 was a non-bank financial
institution, as defined by 18 U.S.C. § 20, headquartered in Coral
Gables, Florida. Financial Institution 1 participated in the
United States Small Business Administration’s (“SBA”) Paycheck
Protection Program (“PPP”) as a lender, and as such, was authorized
to lend funds to eligible borrowers under the terms of the PPP.

2. Defendant KISHA SUTTON was a resident of Jersey City,
Hudson County, New Jersey.

3. Defendant SHAMIESE WRIGHT was a resident of Charleston,

Kanawha County, West Virginia.
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The Scheme to Defraud

4. From no later than on or about April 19, 2021, and
continuing until at least on or about May 21, 2021, at or near
Charleston, Kanawha County, West Virginia, within the Southern
District of West Virginia and elsewhere, defendants KISHA SUTTON
and SHAMIESE WRIGHT, aided and abetting by each other, did
knowingly execute and attempt to execute a scheme to defraud
Financial Institution 1 and obtain money owned by and under the
custody and control of Financial Institution 1 by means of
materially false and fraudulent pretenses, representations, and
promises.

Manner and Means for Carrying Out the Scheme

5. Defendant KISHA SUTTON caused the creation and
submission of a PPP loan application on behalf of defendant
SHAMIESE WRIGHT and with defendant SHAMIESE WRIGHT’s authorization
in exchange for payment from the fraudulent PPP loan proceeds.

6. In the application, defendant KISHA SUTTON falsely
stated the existence of a sole proprietorship that generated
$75,000 in gross income.

7. Defendant KISHA SUTTON also caused the creation of a
fictitious IRS Form 1040 Schedule C to support the fraudulent PPP
loan application that would be submitted to Financial Institution

1. The Schedule C falsely stated that defendant SHAMIESE WRIGHT

Case 2:24-cr-00192 Document 245 Filed 06/10/25 Page 3 of 7 PagelD #: 1254

had operated a sole proprietorship in 2020 that had $75,000 in
gross receipts or sales.

8. Financial Institution 1 received the application and
Schedule C, and Financial Institution 1 funded the PPP loan.

9. Once the PPP loan was funded, defendant SHAMIESE WRIGHT
paid defendant KISHA SUTTON a portion of the loan proceeds as
compensation for her assistance. Defendant SHAMIESE WRIGHT kept
the remainder of the funds and spent the money on ineligible
expenses.

Execution of the Scheme

10. On or about April 19, 2021, defendant KISHA SUTTON caused
the submission of a PPP loan application and a Schedule C to
Financial Institution 1 on behalf of defendant SHAMIESE WRIGHT and
with defendant SHAMIESE WRIGHT’s authorization.

11. The application and the Schedule C stated that defendant
SHAMIESE WRIGHT was a sole proprietor of a business that was
established on January 1, 2017. The application stated that in
2020, the business had a gross income of $75,000. As part of the
application, a 2020 Schedule C was submitted listing gross receipts
of $75,000 and a net profit of $48,750.

12. In fact, defendant SHAMIESE WRIGHT did not have a
business in 2020 with those gross receipts and profit. Defendant
SHAMIESE WRIGHT’s 2020 tax return listed $21,716 in wages and no

business income or expenses. Defendant SHAMIESE WRIGHT applied for
Case 2:24-cr-00192 Document 245 Filed 06/10/25 Page 4 of 7 PagelD #: 1255

unemployment compensation throughout 2020 and stated, several
times, that she was not self-employed.

13. On or about May 7, 2021, Financial Institution 1 funded
defendant SHAMIESE WRIGHT’s PPP loan for $15,625.

14. Between on or about May 7, 2021, and on or about May 21,
2021, defendant SHAMIESE WRIGHT, within the Southern District of
West Virginia, remitted $3,000 of the fraudulent PPP loan proceeds
to defendant KISHA SUTTON. Defendant SHAMIESE WRIGHT spent the
remainder of the PPP loan proceeds on personal, ineligible
expenses.

All in violation of Title 18, United States Code, Sections

1344 and 2.

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é

COUNT TWO

On or about May 14, 2021, at or near Charleston, Kanawha
county, West Virginia, within the Southern District of West
Virginia and elsewhere, defendants SHAMIESE WRIGHT and KISHA
SUTTON, aided and abetted by each other, did knowingly conduct and
attempt to conduct a financial transaction affecting interstate
and foreign commerce, to wit, defendant SHAMIESE WRIGHT
transferred $1,000 in United States currency from her CashApp
account to defendant KISHA SUTTON’s CashApp account, which
involved the proceeds of a specified unlawful activity, that is
bank fraud, in violation of 18 U.S.C. § 1344, knowing that the
transaction was designed in whole or in part to conceal and
disguise the nature, location, source, ownership, and control of
the proceeds of said specified unlawful activity and that while
conducting and attempting to conduct such financial transaction,
defendants SHAMIESE WRIGHT and KISHA SUTTON knew that the property
involved in the financial transaction represented the proceeds of
some form of unlawful activity.

In violation of Title 18, United States Code, Sections 1956(a)

(1) (B) (i) and 2.
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a

NOTICE OF FORFEITURE

The allegations contained in this Second Superseding
Indictment are hereby realleged and incorporated by reference for
the purpose of alleging forfeiture pursuant to 18 U.S.C. §§
982(a) (1) and 982(a) (2), 28 U.S.C. 2461(c) and Rule 32.2 of the
Federal Rules of Criminal Procedure.

Upon conviction of the offense in violation of 18 U.S.C. §
1344 and 2, the defendants SHAMISE WRIGHT and KISHA SUTTON shall
forfeit to the United States of America, pursuant to 18 U.S.C. §
982(a) (2), 28 U.S.C. § 2461(c) and Rule 32.2 of the Federal Rules
of Criminal Procedure, any property, real or personal, which
constitutes or is derived from proceeds traceable to the
offense(s).

Pursuant to 18 U.S.C. § 982(a)(1), 28 U.S.C. § 2461(c) and
Rule 32.2 of the Rules of Criminal Procedure, upon conviction of
an offense in violation of 18 U.S.C. § 1956, the defendants
SHAMIESE WRIGHT and KISHA SUTTON shall forfeit to the United States
of America any property, real or personal, involved in such
offense, and any property traceable to such property.

The property to be forfeited includes, but is not limited to:

a. a money judgment in the amount of at least

$3,000.00,
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4

such amount constituting the proceeds of the
violations set forth in this second superseding
indictment regarding KISHA SUTTON;
ion a money judgment in the amount of at least
$12,625.00, such amount constituting the proceeds
of the violations set forth in this second
superseding indictment regarding SHAMISE WRIGHT;
If any of the property described above, as a result of any
act or omission of the defendant[s]:

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.

The United States of America shall be entitled to forfeiture
of substitute property pursuant to 21 U.S.C. § 853(p), as
incorporated by 28 U.S.C. § 2461(c).

All pursuant to 18 U.S.C. §§ 982(a) (1) and 982(a) (2),

and 28 U.S.C. § 2461(c).

LISA G. JOHNSTON
Les Attorney

By:

ASsistant United Stat¢es Attorney

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