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Home Court filings Marshall v. Prestamos CDFI, LLC (PAED 589575) Exhibit 4b Bank Return of Funds Compilation Part 2 — Marshall v. Prestamos CDFI, LLC (Dkt. 142-7, E.D. Pa. No. 5:21-cv-04337)

Court filing

Exhibit 4b Bank Return of Funds Compilation Part 2 — Marshall v. Prestamos CDFI, LLC (Dkt. 142-7, E.D. Pa. No. 5:21-cv-04337)

Filed July 19, 2024 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.

Record facts

CourtU.S. District Court for the Eastern District of Pennsylvania
Filed2024-07-19

U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 142-7 · 2024-07-19 · Docket on CourtListener

Full text

Deposition of Sharon Bradley Smith
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 1 (1)
 1
           IN THE UNITED STATES DISTRICT COURT
         FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 2
 3
ALICIA MARSHALL, et. al.       )
 4
individually and on behalf of  )
all others similarly situated, )
 5
                               )
        Plaintiffs,            )
 6
vs.                            ) Case No.
                               ) 5:21-cv-04337-JMG
 7
PRESTAMOS CDFI, LLC.,          )
                               )
 8
        Defendant.             )
 9
10
11
12
13
      REMOTE DEPOSITION OF SHARON BRADLEY SMITH
14
                 Friday, July 19, 2024
15
                     Houston, Texas
16
                       11:03 a.m.
17
18
19
20
21
22
Reported By:  TRICIA J. LATHOURIS, CSR, RPR
23
24
17
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 1 of 13

Page 83
 1         This is where you indicated your bank
 2 account; correct?
 3     A   Yes.
 4     Q   And is that because you would have needed
 5 to identify your bank account to Blue Acorn so that
 6 they could direct where the money would be
 7 deposited; is that right?
 8     A   Correct.
 9     Q   How did you decide what bank account to
10 identify here?
11     A   Repeat your question.
12     Q   Sure.
13         Did you list the Shell Federal Credit Union
14 because that was the only account you had?
15     A   That is the account that I worked off of my
16 businesses and my personal.
17     Q   Okay.  And I believe you said you had no
18 other account at that time; right?
19     A   Correct.
20     Q   Did you make any efforts to verify whether
21 this account could receive business loans?
22     A   No.
23     Q   I know we scrolled through the document a
24 bit.
Page 84
 1         But you signed all the loan documents that
 2 Blue Acorn required you to sign; correct?
 3     A   Yes.
 4     Q   And I think you said that Blue Acorn told
 5 you that you were going to be funded?
 6     A   Yes.
 7     Q   Did they tell you when those funds would be
 8 deposited or how soon?
 9     A   Within -- within three to five business
10 days.
11     Q   And did you receive the PPP loan funds that
12 you believe you were owed?
13     A   No.
14     Q   Did any of the loan funds you applied for
15 ever reach your bank account?
16     A   No.
17     Q   And when did you first discover this?
18     A   After day five.
19     Q   And did you reach out to your bank about it
20 at all?
21     A   Yes.
22     Q   And what did the bank tell you?
23     A   They didn't receive a wire into my account
24 for $12,500.
Page 85
 1     Q   And that was the amount you expected to be
 2 funded; correct?
 3     A   Correct.
 4     Q   Did Blue Acorn tell you why you hadn't
 5 received the funds?
 6     A   No.
 7     Q   Did you contact Prestamos?
 8     A   Yes.
 9     Q   How?
10     A   Phone.  Sometimes email.
11     Q   Okay.  And were you able to get a hold of
12 anybody?
13     A   I did.
14     Q   At Prestamos?
15     A   Yes.
16     Q   Okay.  Do you remember who you talked to?
17     A   No.
18     Q   Was it on the phone, or was it by email?
19     A   It was over the phone.
20     Q   Okay.  Tell me about that conversation.
21     A   I asked where was my --
22     Q   What you recall.
23     A   -- what I can recall -- where was the loan,
24 and at that time she just told me to wait.
Page 86
 1 Sometimes there have been a few.  So I gave it a few
 2 more days, three extra days and I called back, and a
 3 black card was presented to me because she says
 4 maybe my bank didn't want to receive the loan, so
 5 she told me that she will send me some type of black
 6 card and my funds will be on that card.
 7     Q   Okay.
 8     A   And I never received it.
 9     Q   Okay.
10     MR. ARELLANO:  I'm going to turn to another
11 document I'm going to show you.  This is marked as
12 our Exhibit 18.
13         (Exhibit 18 marked for identification.)
14     MR. ARELLANO:  It's an Excel spreadsheet, so
15 bear with me just a second here until I get to your
16 line.
17 BY MR. ARELLANO:
18     Q   I'll represent to you this is a document we
19 received from Evolve Bank that showed the various
20 reasons that certain funds might not have reached
21 the account.  And if we go to line 951, as you can
22 see, I highlighted where it has your name, "Sharon
23 Smith" here in the middle.
24         Do you see that?
Deposition of Sharon Bradley Smith
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 26 (83 - 86)
18
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 2 of 13

Deposition of Kristina Henderson
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 1 (1)
 1
           IN THE UNITED STATES DISTRICT COURT
         FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 2
 3
ALICIA MARSHALL, et. al.,      )
 4
individually and on behalf of  )
all others similarly situated, )
 5
                               )
        Plaintiffs,            )
 6
vs.                            )Case No.
                               )5:21-cv-04337-JMG
 7
PRESTAMOS CDFI, LLC.,          )
                               )
 8
        Defendant.             )
 9
10
11
         REMOTE DEPOSITION OF KRISTINA HENDERSON
12
                Friday, August 23, 2024
13
                   Detroit, Michigan
14
15
16
17
18
19
20
21
Reported By:  TRICIA J. LATHOURIS, CSR, RPR
22
JOB NO. 31665
23
24
19
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 3 of 13

Page 86
 1 on your loan application; is that correct?
 2     A   That is correct.
 3     Q   At that time, did you also have an account
 4 under Godsgirl?
 5     A   Yes.  Lili.
 6     Q   But you chose to have the funds deposited
 7 into your personal account rather than the funds for
 8 Godsgirl?
 9     A   Yep.
10     Q   So you had a phone call with your bank and
11 they told you that they rejected all PPP loan funds
12 on any personal account; is that accurate?
13     A   That is accurate.
14     Q   And that was a phone call?
15     A   That was a phone call.
16     Q   Did you ever exchange any emails with
17 anybody at that time?
18     A   No.
19     Q   Any online chats with anybody at that time?
20     A   No.  It was a phone call.
21     Q   After your phone call with the bank, there
22 were, then, communications with Blue Acorn; is that
23 correct?
24     A   Correct.
Page 87
 1     Q   And did you initiate that communication?
 2     A   Yes.  I immediately -- like when I saw that
 3 the funds were sent back, I immediately opened up
 4 the -- because there is no way to call anyone, so I
 5 immediately sent a -- they only had chat, so I
 6 immediately opened up a ticket to let them know,
 7 like, hey, my funds got sent back.  Is there a way
 8 to switch it over?
 9         So they did -- like, when they finally --
10 it took a few -- I would say it took a few weeks, to
11 be honest, because I don't believe it being like
12 right away, but I know that it took a few weeks for
13 them to state that, okay, once they did receive the
14 funds, then they'll be able to -- then they'll allow
15 you to update your bank account information.
16         But that took a long -- that took a while.
17 I believe that was a few weeks.
18     Q   Those communications --
19         (Simultaneous cross-talk - inaudible.)
20     Q   Sorry.
21     A   Go ahead.
22     Q   Those communications with Blue Acorn were
23 via ticket chats; is that correct?
24     A   Yes.  Yes.
Page 88
 1     Q   Was there ever any emails exchanged between
 2 yourself and Blue Acorn?
 3     A   No.  It was always on their website through
 4 ticket chats.  There was like a chat.
 5     Q   Do you still have any records of those
 6 chats?
 7     A   Yep.  I sent them all in because I took
 8 screenshots of everything.
 9     Q   And you said at one point Blue Acorn
10 requested that you submit additional documentation;
11 is that correct?
12     A   Yep.  Like after I -- after they allowed me
13 to update my bank account information, so -- because
14 that was the only stuff that they needed me to do
15 was to update my bank account information.
16         After I updated my bank account
17 information, then I was waiting on the funds to be
18 redeposited into the business account, and then
19 nothing happened after that.
20         So, like, they asked for additional
21 information, and then so I sent that information in,
22 and I didn't understand -- I'm, like, you guys have
23 all of everything that you requested, so it didn't
24 really make sense to me why they were asking for
Page 89
 1 additional information, and then out of nowhere it
 2 just says that my loan was denied.
 3     Q   Do you remember what additional information
 4 you submitted?
 5     A   Yes.  It asked -- I just submitted my -- I
 6 just submitted the -- I just submitted my Articles.
 7 I believe I submitted that.  Whatever information
 8 that they asked for, I submitted.
 9     Q   So you believe you submitted your Articles
10 of Incorporation; is that correct?
11     A   Uh-huh.  I believe I did submit that.
12     Q   Do you remember submitting additional tax
13 forms?
14     A   I don't remember submitting additional tax
15 forms.  To be honest, I don't remember.
16     Q   And it was after you submitted those
17 documents that Blue Acorn informed you that the loan
18 would be denied; is that correct?
19     A   So I didn't hear anything for a long time,
20 like weeks, and then -- and I knew that it was close
21 to where the -- I knew that there was like a cutoff
22 time for the PPP, so I knew that there was a cutoff
23 time, so getting close to that date.
24         And then out of nowhere, it just got
Deposition of Kristina Henderson
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 26 (86 - 89)
20
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 4 of 13

21
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 5 of 13

Deposition of Jahbrael Horne
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 1 (1)
 1
        IN THE UNITED STATES DISTRICT COURT
 2
     FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 3
 4
ALICIA MARSHALL, et     :
 5
al., individually and   :
on behalf of all        :
 6
others similarly        :
situated,               :
 7
           Plaintiff    :
                        :
 8
                        :  Case No.
  VS                    :  5:21-cv-04337-JMG
 9
                        :
                        :
10
PRESTAMOS CDFI, LLC,    :
           Defendant    :
11
12
13
14
      DEPOSITION OF:    JAHBRAEL HORNE
15
      BEFORE:           ALISON N. SALLEY, RPR
16
                        NOTARY PUBLIC
17
      DATE:             AUGUST 8, 2024, 9:58 A.M.
18
      PLACE:            REMOTE
19
20
21
22
23
24
25
22
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 6 of 13

Page 137
 1     A.   That they -- that they tried to send it?  No, I
 2 don't think that I have the letter.
 3     Q.   Okay.  But you got a letter saying we tried to
 4 send you the money but your bank wouldn't accept it,
 5 something like that?
 6     A.   From what I can remember.  I'm not a hundred
 7 percent sure that's what the letter said exactly, but --
 8 or the letter just said they was going to pay me.  It
 9 could have been -- said that they was going -- I don't
10 remember what the letter said, but they said that they
11 was -- they were going to pay me --
12     Q.   What you said to me a minute ago is --
13     A.   -- at a later date.
14     Q.   I said how did you find out you were not
15 getting the loan, and you said --
16     A.   That I was not getting the loan?
17     Q.   Yes.
18     A.   That I was not getting the loan at all?
19     Q.   Yes, correct.
20     A.   I never found out that I was not getting the
21 loan at all.
22     Q.   You never found that out?
23     A.   No.  They told me they was going to pay me the
24 whole time.
25     Q.   Okay.  Did anybody ask you -- did Blueacorn ask
Page 138
 1 you for any additional documents at any time?
 2     A.   Any additional documents?  I mean, they could
 3 have.
 4     Q.   They could have?
 5     A.   I'm not -- I'm not a hundred percent sure, but,
 6 I mean, they could have.
 7     Q.   Okay.  Now, let's mark --
 8     A.   Like, when are you pertaining to?  I mean, I
 9 don't know.
10     Q.   Well, actually, that's a good question.  You
11 applied for the loan on May 28th of 2021.
12     A.   Yes.
13     Q.   Okay.  And how long was it before you heard
14 back from Blueacorn?
15     A.   I'm not sure.
16     Q.   Was it more or less than a week?
17     A.   I'm not sure.
18             MR. ROGERS:  I'm going to show you a
19 document that is a -- it's a portion of a
20 spreadsheet and the papers -- we're going to blow
21 this up -- and -- and this is going to be Tab 18.
22             (Whereupon, Tab 18 was marked
23 for identification.)
24 BY MR. ROGERS:
25     Q.   And you'll see -- on the left-hand side, you'll
Page 139
 1 see it says 6/7/2021.
 2          Do you see that?
 3     A.   Yes.
 4     Q.   And you see, next to it, 14,165.
 5          You see that?
 6     A.   Yes.
 7     Q.   That's the amount you applied for, correct?
 8     A.   Yes.
 9     Q.   And then you see your name there, right?
10     A.   Yes.
11     Q.   And then on the right, it says -- the second to
12 last column, it says "return code."
13          Do you see that?
14     A.   Yes.
15     Q.   Does that refresh your memory that Blueacorn
16 tried to fund your loan but the money was returned?
17     A.   I -- they never told me that they tried to fund
18 my loan.  I didn't --
19     Q.   Okay.
20     A.   -- I didn't know it was being funded at all.
21 They told me --
22     Q.   And then it says -- under "return description,"
23 it says "No account.  Unable to locate account."
24          Do you see that?
25     A.   Yeah.
Page 140
 1     Q.   Is this the first time you are hearing that
 2 they could not locate the account?
 3     A.   Yeah.
 4     Q.   When you didn't get the money, what did you do?
 5 Did you follow up in any way with anyone?
 6     A.   Yeah, I called them.  I contacted them.
 7     Q.   Who did you call?
 8     A.   Whatever customer service number I seen was
 9 available.
10     Q.   Do you remember what business you called?
11          I understand you don't remember the phone
12 number.  Customer service for what business?  Do you
13 remember?
14     A.   Prestamos.
15     Q.   Okay.  Did you ever contact your bank?  And by
16 "your bank," I mean Bank of America, the bank that you
17 told Prestamos to put the money in?
18     A.   I believe that I contacted them before.
19     Q.   You believe that you contacted Bank of America
20 when you didn't get the money?
21     A.   Yeah, I believe so.  Because I remember
22 changing --
23     Q.   Okay.
24     A.   -- I believe I was checking all my banks at
25 that point in time to see if --
Deposition of Jahbrael Horne
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 38 (137 - 140)
23
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 7 of 13

Page 141
 1     Q.   Okay.  Do you remember anything about that
 2 conversation with Bank of America?
 3     A.   No.
 4     Q.   Okay.
 5             MR. ROGERS:  Let's mark what I have as
 6 21 -- this is going to be Tab 19.
 7             (Whereupon, Tab 19 was marked
 8 for identification.)
 9 BY MR. ROGERS:
10     Q.   This is -- we're going to blow this up.  We
11 don't have to look at very much of it.
12          This is a document from Blueacorn.  And I just
13 want to orient you.  If we're going to scroll down a
14 little bit, we will see a loan number -- SBA loan number.
15 And the SBA loan number is 
.
16          Do you see that?
17     A.   Yes.
18     Q.   And I'll represent to you that that was your
19 loan number.  I mean, it's in the documents.  I'm not
20 asking you to say yes or no.  And then it lists a loan
21 amount.
22          Do you see that?
23     A.   Yes.
24     Q.   And that's the amount of your loan, correct?
25     A.   Yes.
Page 142
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Page 143
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Page 144
 1
 2     A.   I mean, it just depends on the record you're
 3 asking for.  Some people is paid in cash.  They'll tell
 4 you.
 5     Q.   I'm asking you if you have any records.
 6     A.   Me?  I don't -- I don't think so.
 7     Q.   You don't think you have any records?
 8     A.   I don't think I have any record of most of the
 9 cash payments.
10     Q.   Okay.  Let's go to underwriting notes.
11          So I'm focusing now on the underwriting notes.
12 It says "6/23 must include minimum of nine pages of tax
13 return and include schedule C for approved additional
14 documents."  And then it says "additional documentation
15 not accepted 6/17.  Need a full tax file."
16          Does this refresh your memory, Mr. Horne, that
17 you were asked by Blueacorn to send them additional
18 documents after the application?
19     A.   And they wasn't asking me to send anything.  I
20 would contact them.
21     Q.   They --
22     A.   And they would tell me it's coming.
23     Q.   Okay.  You never -- other than the initial
24 application, you know, with the Docusign and the note and
25 the documents we've looked at, you sent all those at one
Deposition of Jahbrael Horne
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 39 (141 - 144)
24
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 8 of 13

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337-JMG     Document 142-7     Filed 10/04/2

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identifying information. Card activation and identity verification are required before you 
can use the Card Account. If your identity is partially verified, full use of the Card Account 
will be restricted, but you may be able to use the Card for in-store purchase transactions. 
Restrictions include no ATM withdrawals, international transactions, account-to-account 
transfers, and additional loads. Use of the Card Account is also subject to fraud prevention 
restrictions at any time, with or without notice. Residents of the State of Vermont are 
ineligible to open a Card Account.
5
26
37-JMG     Document 142-7     Filed 10/04/2

Exhibit
2
Lloyd 7/24/2024 T.L.
1 
Attorney-Client Privilege 
LLOYD000087 
27
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 11 of 13

Our legal team is handling the Capital One accounts as of now and from my understanding the 
escrow account is a part of the review. They have not provided a time frame but we will be in contact 
with each account once they hear any updates to the release of the funds. 
I will submit your account over to them for review. 
Thank you, 
Elexis Garcia 
Forgiveness Coordinator 
P ESTAMOS CDFI 
__ ,, 
--!C US 
Chicanos Por La Causa, Inc. I Prestamos Loans CDFI 
1024 E. Buckeye Rd. Suite 270 I Phoenix, AZ 85034 
elexis.garcia@cplc.org 
Prestamos CDFI: Financial Solutions By Investing In CommunitiesPrestamos CDFI provides 
businesses in emerging communities access & opportunities to achieve success in the market by 
offering various financial solutions. prestamosloans.com 
From: Gregg Lloyd <diablotek79@gmail.com> 
Date: Monday, July 25, 2022 at 9:47 AM 
To: Elexis Garcia <elexis.garcia@cplc.org> 
Subject: Re: gregory lloyd/SBA-
 
8 
LLOYD000094 
28
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 12 of 13

Hi Elexis. 
I was not able to withdraw any funds, the entre amount was sent back. 
Why are they in a escrow account? Can you please explain to me what exactly is the problem/hold 
up. 
On Mon, Jul 25, 2022 at 11 :07 AM Elexis Garcia <elexis.garcia@cplc.org> wrote: 
Hello Gregory, 
Thank you for your follow up. We have a legal team handling this situation since there is a great 
number of loans with the same situation. All the loans currently held by Capital One are handled as 
a group at this time. We have reached some agreements with Capital One and they now moved the 
funds from each individual account into an escrow account and have advised our legal team that 
the funds will be released soon. We will update you as soon as we have received them. Also, please 
let me know how much you were able to withdraw from your account before Capital One froze the 
funds. We would need to work on a payment plan or a partial forgiveness application if you were 
able to withdraw any of the funds sent to you. I look forward to your prompt response to this email 
and thank for your patience through this process. 
Kind regards, 
Elexis Garcia 
Forgiveness Coordinator 
Chicanos Por La Causa, Inc. I Prestamos Loans CDFI 
9 
LLOYD000095 
29
Case 5:21-cv-04337-JMG     Document 142-7     Filed 10/04/24     Page 13 of 13

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