Court filing
Exhibit 11 Deficient Loan Compilation — Marshall v. Prestamos CDFI, LLC (Dkt. 142-16, E.D. Pa. No. 5:21-cv-04337)
Filed October 4, 2024 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Pennsylvania |
|---|---|
| Filed | 2024-10-04 |
U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 142-16 · 2024-10-04 · Docket on CourtListener
Full text
Ex. 11 – Chart and Compilation of Documents re:
Class Representatives’ Loan Documentation
Deficiencies
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 1 of 73
CLASS REPRESENTATIVE LOAN DOCUMENTATION DEFICIENCIES
Plaintiff
Type of Deficiency
Description of Deficiency
Bradley Smith,
Sharon
1
2
Henderson,
Kristina
Inaccurate Submission Borrower applied as sole proprietor but intended to apply on behalf of non-profit
corporation. Borrower submitted articles of incorporation for non-profit corporation
with PPP loan application3 and used non-profit corporation’s financial information on
PPP loan application.4
.
Horne, Jahbrael
6
8
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 2 of 73
9
10
Johnson,
Alyshia
11
12
Jones, Jamie
Incomplete
Submission
.13
Lloyd, Gregory
.14
16
17
Marshall, Alicia Incomplete
Submission
18
Martin, John
Incomplete
Submission
19
20
Marvel,
Lametria
21
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 3 of 73
22
Townsend,
Paris
23
24
25
26
.27
Kolawole,
Ahmadou28
.29
.
30
.31
32
33
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 4 of 73
1 Compare Accompanying Compilation at 1 (S. Smith Dep. Ex. 14) with id. at 2-4 (S. Smith Dep. Ex. 15 Excerpt) at ‘25.
2 Compare id. at 1 (S. Smith Dep. Ex. 14) with id. at 5 (S. Smith Dep. Ex. 20 Excerpt) at ‘12.
3 Id. at 6-9 (K. Henderson Dep. Ex. 5).
4 Id. at 10-11 (K. Henderson Dep.) at 75:22:1-77:21.
5 Id. at 12-13 (K. Henderson Dep. Ex. 8 Excerpt) at ‘89; Id. at 14-15 (K. Henderson Dep. Ex. 9 Excerpt) at ‘69.
6 Compare id. at 16-17 (J. Horne Dep. Ex. 16) with id. at 18-19 (J. Horne Dep. Ex. 15).
7 Id. at 20-31 (J. Horne Dep. Ex. 12) (subpoenaing, inter alia, all “Documents reflecting or relating to any account held solely or
jointly by [Jahbrael Horne] with TD Bank”); Id. at 32-33 (J. Horne Dep. Ex. 13)
).
8 Id. at 34-43 (J. Horne Dep. Ex. 11) at ’01;
9 Id. at ’07.
10 Id. at ’10.
11 Id. at 44-45 (A. Johnson Dep. Ex. 6).
12 Id. at 46-51 (
Excerpt) at 5.
13 Id. at 52-53 (J. Jones Dep. Ex. 12 Excerpt) at ‘83; Id. at 54-55 (J. Jones Dep. Ex. 13 Excerpt) at ‘15.
14 Id. at 56-58 (G. Lloyd Dep. Ex. 7 Excerpt) at ’34; Id. at 59-67 (G. Lloyd Dep. Ex. 8 Excerpt) at ‘31.
15 Id. at 68-69 (G. Lloyd Dep.) at 19:5-7.
16 Id. at 70-75 (G. Lloyd Dep. Ex. 13) at ’98.
17 Id. at 76-85 (G. Lloyd Dep. Ex. 9) at ’66.
18 Id. at 86-89 (A. Marshall Dep. Ex. 9).
19 Id. at 90-105 (J. Martin Dep. Ex. 11 Excerpt) at ’30-41.
20 Id. at ’16-19.
21 Id. at 106 (L. Marvel Dep. Ex. 17).
22 Id. at 107-111 (L. Marvel Dep. Ex. 12) at ’63.
23 Id. at 112-113 (P. Townsend Dep. Ex. 10) at ’97.
24 Id. at 114-123 (P. Townsend Dep. Ex. 11) at ’38.
25 Compare id. at 124 (Townsend Dep. Ex. 8) (identifying “Year to Date Period” as beginning on December 5) with id. at 125
(Townsend Dep. Ex. 9) (identifying “Year to Date Period” as beginning on January 1).
26 Id. at 125 (Townsend Dep. Ex. 9).
27 Id.
28 Although Plaintiffs voluntarily dismissed Ahmadou as a class representative, he was dismissed after his deposition was taken and
his situation is emblematic of the diverse array of loan documentation deficiencies permeating the putative class.
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 5 of 73
29 Id. at 126 (Ahmadou Dep. Ex. 7); Id. at 127 (Ahmadou Dep. Ex. 8).
30 Id. at 128-135 (Ahmadou Dep. Ex. 15 Excerpt) at ’24.
31 Id. at 136-139 (Ahmadou Dep. Ex. 5).
32 Id. at 140 (Ahmadou Dep. Ex. 13).
33 Id. at 136-139 (Ahmadou Dep. Ex. 5) at ’23-24.
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Highly Confidential Document Filed Under Seal
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Exhibit
5
Henderson 8/23/2024 T.L.
6
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7
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8
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9
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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
10
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 14 of 73
Page 74
1 how much do you pay for payroll -- I believe that
2 was one of the things. So if -- if I'm remembering
3 correctly.
4 Q Did it ask for a total amount of income?
5 A It asks for a total -- I don't remember --
6 I don't remember.
7 Q So you said it asked for how much your
8 payroll was; is that correct?
9 A Right. Yep.
10 Q And what was -- what did you enter on the
11 application?
12 A I don't remember what I put on the
13 application. I don't have that in front of me. I
14 don't have the application. If I had it, I could
15 tell you.
16 MR. WATSON: Can you pull up tab 25, please.
17 I'd like to mark this as Exhibit 10.
18 (Exhibit 10 marked for identification.)
19 BY MR. WATSON:
20 Q This document is entitled Account Summary
21 Report for Kristina Henderson.
22 Do you see that, Ms. Henderson?
23 A Yes.
24 Q Okay.
Page 75
1 A What is this?
2 Q I'll represent to you that this document
3 was received from Blue Acorn --
4 A Okay.
5 Q -- within your application information. I
6 just want to see if this will help refresh your
7 memory as to some of the information you may have
8 provided.
9 A Okay.
10 MR. WATSON: Can we scroll down to Origination
11 Application Information.
12 BY MR. WATSON:
13 Q You see where it says "First Name -
14 Kristina; Last Name - Henderson" --
15 A Uh-huh.
16 Q -- your Social Security number --
17 A Yep.
18 Q -- email address and a phone number, and
19 your address.
20 Does all that information look accurate?
21 A Yes.
22 MR. WATSON: And could you go down to Business
23 Information.
24 BY MR. WATSON:
Page 76
1 Q It says "DBA - 1 Godsgirl, Inc."
2 Do you see that?
3 A Yes.
4 Q And it says "Business Type - Sole
5 Proprietor."
6 Do you see that?
7 A I do.
8 Q Do you recall entering any of that
9 information?
10 A Yes.
11 Q Okay.
12 MR. WATSON: Next page.
13 BY MR. WATSON:
14 Q It says
17 Do you recall entering that information in
18 your application?
19 A Yes.
20 MR. WATSON: Let's go down to Financials.
21 BY MR. WATSON:
22 Q Do you see where it says
24 A Right.
Page 77
1 Q Do you recall entering that information
2 into your application?
3 A Yes.
4 Q And where did you get that figure from?
5 A
18 Q Okay. We'll walk through it, then.
19 A It does.
20 Q It does? Do you agree?
21 A It does.
22 Q I'm not trying to be --
23 A I do agree that it does. I had to go in
24 and do to myself.
Deposition of Kristina Henderson
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 23 (74 - 77)
11
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALICIA MARSHALL, et al.,
Plaintiffs,
v.
PRESTAMOS CDFI, LLC,
Defendant.
Case No. 5:21-cv-04337-JMG
PRESTAMOS CDFI, LLC’S NOTICE OF SUBPOENA
DUCES TECUM TO TD BANK
Pursuant to Rule 45(a)(4) of the Federal Rules of Civil Procedure, Defendant Prestamos
CDFI, LLC hereby provides notice that it will serve the attached subpoena on TD Bank
requesting that TD Bank produce the specified documents and things for inspection and
copying as set forth in Schedule A at the time and location noticed in the subpoena.
Dated: June 25, 2024
/s/ Beatriz Aguirre
Roy Herrera (admitted pro hac vice)
Daniel A. Arellano (admitted pro hac vice)
Jillian Andrews (admitted pro hac vice)
Austin T. Marshall (admitted pro hac vice)
Beatriz Aguirre (admitted pro hac vice)
HERRERA ARELLANO LLP
1001 North Central Avenue, Suite 404
Phoenix, Arizona 85004
Telephone: (602) 567-4820
roy@ha-firm.com
daniel@ha-firm.com
jillian@ha-firm.com
austin@ha-firm.com
beatriz@ha-firm.com
Exhibit
Tab 12
Horne 8/8/2024 A.S.
20
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 20 of 73
2
Marcel S. Pratt (Pa. ID 307483 )
Thomas J. Gallagher IV (Pa. ID 316269)
J. Chesley Burruss (Pa. ID 331521)
Henry W. Longley (Pa. ID 328847)
BALLARD SPAHR LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103-7599
Telephone: (215) 665-8500
Facsimile: (215) 864-8999
PrattM@ballardspahr.com
GallagherT@ballardspahr.com
BurrussC@ballardspahr.com
LongleyH@ballardspahr.com
Attorneys for Defendant
Prestamos CDFI, LLC
21
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 21 of 73
CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of June 2024, I caused a true and correct copy of
the foregoing to be served on counsel of record for all Plaintiffs via email.
/s/ Beatriz Aguirre
Beatriz Aguirre
22
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 22 of 73
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
Plaintiff
v.
Civil Action No.
Defendant
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To:
(Name of person to whom this subpoena is directed)
’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material:
Place:
Date and Time:
’ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Place:
Date and Time:
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk
Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing (name of party)
, who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the
inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
Beatriz Aguirre, 660 Pennsylvania Avenue, Suite 300, Washington, DC 20003. Beatriz@ha-firm.com. (602) 567-4820.
Prestamos CDFI, LLC
/s/ Beatriz Aguirre
06/25/2024
07/08/2024 5:00 pm
Herrera Arellano LLP
1001 North Central Avenue, Suite 404
Phoenix, Arizona 85004
Prestamos CDFI LLC, et al.
TD Bank,
TD Bank Court Orders & Levies Department PO Box 1880 Cherry Hill, NJ 08034
Prestamos CDFI LLC, et al.
5:21-cv-04337-JMG
Alicia Marshall, et al.
Eastern District of Pennsylvania
23
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 23 of 73
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any)
on (date)
.
’ I served the subpoena by delivering a copy to the named person as follows:
on (date)
; or
’ I returned the subpoena unexecuted because:
.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$
.
My fees are $
for travel and $
for services, for a total of $
.
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:
Reset
Add Attachment
Save As...
Print
0.00
5:21-cv-04337-JMG
24
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 24 of 73
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance.
(1) For a Trial, Hearing, or Deposition. A subpoena may command a
person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or
regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly
transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial
expense.
(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or
tangible things at a place within 100 miles of where the person resides, is
employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
responsible for issuing and serving a subpoena must take reasonable steps
to avoid imposing undue burden or expense on a person subject to the
subpoena. The court for the district where compliance is required must
enforce this duty and impose an appropriate sanction—which may include
lost earnings and reasonable attorney’s fees—on a party or attorney who
fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or to
permit the inspection of premises, need not appear in person at the place of
production or inspection unless also commanded to appear for a deposition,
hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible
things or to permit inspection may serve on the party or attorney designated
in the subpoena a written objection to inspecting, copying, testing, or
sampling any or all of the materials or to inspecting the premises—or to
producing electronically stored information in the form or forms requested.
The objection must be served before the earlier of the time specified for
compliance or 14 days after the subpoena is served. If an objection is made,
the following rules apply:
(i) At any time, on notice to the commanded person, the serving party
may move the court for the district where compliance is required for an
order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the
order must protect a person who is neither a party nor a party’s officer from
significant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where
compliance is required must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits
specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no
exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a
subpoena, the court for the district where compliance is required may, on
motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information; or
(ii) disclosing an unretained expert’s opinion or information that does
not describe specific occurrences in dispute and results from the expert’s
study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(d)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under specified
conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be
otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(e) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information. These
procedures apply to producing documents or electronically stored
information:
(A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course of business or
must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified.
If a subpoena does not specify a form for producing electronically stored
information, the person responding must produce it in a form or forms in
which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The
person responding need not produce the same electronically stored
information in more than one form.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored information
from sources that the person identifies as not reasonably accessible because
of undue burden or cost. On motion to compel discovery or for a protective
order, the person responding must show that the information is not
reasonably accessible because of undue burden or cost. If that showing is
made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the limitations of Rule
26(b)(2)(C). The court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information
under a claim that it is privileged or subject to protection as trial-preparation
material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or
tangible things in a manner that, without revealing information itself
privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party
that received the information of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the information
until the claim is resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being notified; and may promptly
present the information under seal to the court for the district where
compliance is required for a determination of the claim. The person who
produced the information must preserve the information until the claim is
resolved.
(g) Contempt.
The court for the district where compliance is required—and also, after a
motion is transferred, the issuing court—may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena or an order related to it.
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
25
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 25 of 73
DMFIRM #410879384 v3
SCHEDULE A
DEFINITIONS
1.
“Action” means that litigation captioned Marshall, et al. v. Prestamos CDFI, LLC,
and Chicanos Por La Causa, Inc., No. 5:21-cv-04337-JMG (E.D. Pa.).
2.
“Person” is defined as any natural person or legal entity.
3.
“Named Plaintiff” means Jahbrael Horne as well as any business entity that
Jahbrael Horne purports to own and/or operate.
4.
All/Any/Each. The terms “all,” “any,” and “each” shall each be construed as
encompassing all and any.
5.
And/Or. The connectives “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that
might otherwise be construed to be outside of its scope.
6.
“You,” “Your,” and “Yours” refers to TD Bank and all of their parents, subsidiaries,
divisions, affiliates, predecessors or successors, all entities with which they have merged, and all
present and former officers, directors, employees, representatives, agents, and all other persons
acting for and on their behalf (including, without limitation, attorneys).
7.
“Relating to” means concerning, arising out of, relating to, regarding, defining,
containing, constituting, embodying, stating, dealing with, mentioning, explaining, providing any
information on, detailing, discussing, or in any way dealing with, whether the relationship of the
document or thing to the subject matter to which it relates is direct, indirect, suggestive or negative.
26
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DMFIRM #410879384 v3
3
8.
“Document” includes any ESI and is otherwise synonymous to the term
“document” in Federal Rule of Civil Procedure 34. A draft or non-identical copy is a separate
document within the meaning of this term.
9.
“Communication” means any exchange of information by any means, including
correspondence, face-to-face conversations, electronic transmissions, meetings, visits, conference,
internal and external discussions or any other kind of oral or written exchange between two or
more Persons that has been recorded or transcribed in any way including letters, facsimiles, emails,
transcriptions, sound recordings and/or video recordings.
10.
“Financial Account,” or “Account” means any account maintained by TD Bank in
which financial transactions between TD Bank and the Named Plaintiff are recorded.
11.
“Electronically stored information” or “ESI” means any portion of data available
on a computer or other device capable of storing electronic data (including, without limitation, any
data on magnetic or optical storage media stored as an active file or backup file, in its native
format). “Electronically stored information” or “ESI” includes e-mails, text messages,
spreadsheets, databases, word processing Documents, images, presentations, application files,
executable files, log files, and all other files present on any type of device capable of storing
electronic data. Devices capable of storing electronically stored information include: servers,
desktop computers, portable computers, handheld computers, flash memory devices, wireless
communication devices, pagers, workstations, minicomputers, mainframes, cell phones, personal
data assistants, and any other forms of cloud, online or offline storage, whether on or off Your
premises.
12.
“PPP” means the Paycheck Protection Program.
13.
“Prestamos” means Prestamos CDFI, LLC.
27
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DMFIRM #410879384 v3
INSTRUCTIONS
1.
Except where otherwise indicated, these Requests seek all Documents created in,
or in any way covering, in effect, or relating to the period from January 1, 2019 to the present.
2.
These Requests seek all Documents and information within TD Bank’s possession,
custody, or control, as well as the possession, custody, or control of any of TD Bank’s employees,
agents, contractors, investigators, or representatives.
3.
If any portion of any Document is responsive to any Request, then the entire
Document must be produced in its entirety and without deletion, abbreviation, redaction,
expurgation, or excisions, regardless of whether you consider the entire Document to be relevant
or responsive to these Requests, including all cover letters and cover emails. Copies that differ in
any respect from an original (because, by way of example only, handwritten or printed notations
have been added) should be produced separately. If you have redacted any portion of a Document,
stamp the word “REDACTED” on each page of the Document that you have redacted. Privileged
redactions must be included in a privilege log.
4.
You should produce all electronically-stored Documents in electronic, machine-
readable, text-searchable form, with the integrity of the underlying electronically-stored
information preserved, including but not limited to the original formatting, the metadata, and,
where applicable, the revision history.
5.
You should produce Documents as they are kept in the usual course of business.
Documents attached to each other should not be separated. Documents that are segregated or
separated from other Documents, whether by inclusion in binders, file folders, or other containers,
or by the use of dividers, tabs, or any other method, shall be produced in that form.
28
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 28 of 73
DMFIRM #410879384 v3
5
6.
If you are unable to respond fully to any Request, respond to the extent possible
and specify the reasons for Your inability to respond in full.
7.
If you object to any part of a Request, set forth the basis for your objection,
including whether any responsive Documents are being withheld pursuant to that objection, and
respond to all parts of the Request to which you do not object. If you object to providing any
document requested on the ground that such information is privileged, you should identify the
privilege claimed and state the basis for that claim, identifying the pertinent circumstances with
sufficient specificity to permit Prestamos to assess the applicability of the privilege. See Fed. R.
Civ. P. 26(b)(5). If the claim is that the information requested relates to a privileged
communication, identify the nature of the communication, the author(s), the participants, the
identities of all other persons who were present or who otherwise received or had access to the
communication, the date and place of the communication, the subject matter of the
communication, and the basis for your claim of privilege.
8.
If a Document responsive to any Request is no longer in your possession, custody,
or control, identify the Document by author, addressee, date, number of pages, and subject matter,
and state what happened to the Document, as well as the date of its disposition.
9.
If a Document responsive to any Request is no longer in your possession, but a
copy has been maintained by any of your agents or advisors (including any of your accountants,
auditors, attorneys, financial advisors, experts, or lobbyists), include the copy in your production.
10.
If any Document responsive to any Request has been destroyed, lost, or is otherwise
unavailable, identify each such Document by author, addressee, date, number of pages, and subject
matter, and set forth its content, the present location of any copies, the date of destruction, and the
name of the person who destroyed the Document or ordered or authorized its destruction.
29
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 29 of 73
DMFIRM #410879384 v3
6
11.
All singular terms include the plural, and all plural terms include the singular.
12.
These Requests are continuing, and any document discovered or obtained after the
service of these Requests is to be produced promptly after it is discovered or obtained.
30
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 30 of 73
DMFIRM #410879384 v3
DOCUMENT REQUESTS
1.
All Documents reflecting or relating to any account held solely or jointly by Named
Plaintiff with TD Bank, including, but limited to bank statements, credit card statements,
investment account statements, loan applications, and business documentation (including any
business name registration certificates, business licenses, articles of organization, and/or
partnership agreements).
2.
All Documents reflecting credits, debits, disbursements, rejected or returned funds
(including associated ACH Return Codes), and/or other transactions related to PPP loan funds in
accounts held solely or jointly by Named Plaintiff with TD Bank.
3.
All Documents reflecting or relating to Communications between TD Bank and
Named Plaintiff related to PPP, including but not limited to service complaints, the status of
Named Plaintiff’s loans, non-receipt of PPP funds, bank rejection of PPP fund disbursements, and
efforts to re-verify PPP loan eligibility.
31
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 31 of 73
Confidential
July 17, 2024
Herrera Arellano LLP
Beatriz Aguirre
Re 5:21-cv-04337-JMG Ref 250048
SUBPOENA
Dear Requestor:
Objections:
TD Bank, N.A. (“TD Bank”) respectfully objects and responds to the subpoena in the above
captioned matter (“Subpoena”). See Appendix 1.
No Responsive Records Located:
Subject to the enclosed objections at Appendix 1, TD Bank has conducted a reasonable search for
records responsive to the Subpoena but has been unable to locate any responsive records. TD
Bank will not appear for a deposition unless other arrangements are agreed to in writing.
Reservation of Rights:
TD Bank expressly reserves its right to supplement its response to this request in the event that
additional responsive documents are identified.
If you have questions regarding the enclosed records or would like to discuss this matter further,
please contact TD Bank's Subpoena Team at GSI.Subpoenas@td.com or by calling 1-800-494-
9466, choose option 5. Please note that this email address cannot be used for service of any
subpoena to TD Bank, N.A.
Very truly yours,
Summer Vigue
Research Clerk II
831TD Bank, N.A.
6 Atlantis Way
Lewiston, ME. 04240
Exhibit
Tab 13
Horne 8/8/2024 A.S.
m:1
32
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 32 of 73
DM1\8432036.1
2
Confidential
APPENDIX 1 - TD BANK, N.A.’S OBJECTIONS
1. Unreasonable Burden
TD Bank objects to the Subpoena
to the extent that it places burdens
or requirements on TD Bank that
are inconsistent with the Federal
Rules of Civil Procedure or any
state rules of civil procedure, or
seeks to impose an unreasonable
burden or would otherwise create
burden, hardship, or oppression
beyond that authorized under the
Federal Rules of Civil Procedure or
any state rules of civil procedure,
or seeks discovery beyond that
authorized
under
the
Federal
Rules of Civil Procedure or any
state rules of civil procedure.
2. Not Proportional
TD Bank objects to the Subpoena
to the extent that the requests for
documents
and
scope
of
the
requests are overbroad, unduly
burdensome and not reasonably
calculated to lead to the discovery
of admissible evidence, or not
proportional to the needs of the
party seeking records in this case
considering: (i) the nature and
scope of the litigation, including
the importance and complexity of
the issues and the amounts at
stake;
(ii)
the
relevance
of
electronically stored information
and its importance to the court’s
adjudication in the given case; (iii)
the cost, burden, and delay that
may be imposed on the parties to
deal with electronically stored
information;
(iv)
the
ease
of
producing
electronically
stored
information
and
whether
substantially similar information
is available with less burden; and
(v) any other factors relevant
under the circumstances.
3. Attorney-Client And Other
Privileges
TD Bank objects to the Subpoena
to the extent that it requires
production or identification of
data, documents and information:
(1) subject to (1) the attorney/client
privilege, (2) the attorney work
product privilege or (3) any other
statutory or common law privilege;
4. SAR Privilege.
TD Bank objects to the Subpoena
to the extent that it requires
production or identification of
data, documents and information
relating to a Suspicious Activity
Report (“SAR”) or any information
that would disclose a SAR or reveal
the existence of a SAR because
such disclosure or revelation is
expressly prohibited by federal law
and regulation, see 31 U.S.C.
5318(g)(2)(A)(i) and 12 C.F.R.
21.11(k)(1) and any attempts to
request
such
disclosure
or
revelation
will
result
in
notification,
pursuant
to
the
foregoing
federal
law
and
regulation,
to
(A)
Director,
Litigation Division, Office of the
Comptroller of the Currency; and
(B)
The
Financial
Crimes
Enforcement Network (FinCEN);
or (3) constituting or relating to
OCC
materials
because
such
disclosure is expressly prohibited
by federal law and regulation
pursuant to 12 C.F.R. 18.9.
5. Confidential/Trade Secret/
Proprietary Information
TD Bank objects to the Subpoena
to
the
extent
it
requests
documents, data and information
that are confidential, privileged,
sensitive, commercial or trade
secrets, or proprietary to TD Bank,
or confidential customer data that
violates Federal or State Privacy
Regulations
6. Scope
TD Bank objects to the scope of the
Subpoena to the extent it requests
anything
other
than
account
records,
including
video
surveillance, policies and e-mail
communications.
7. Vague and Ambiguous
TD Bank objects to the Subpoena
to the extent that the requests for
documents
are
vague
and
ambiguous, or contain undefined
terms.
8. Protected From Disclosure
TD Bank objects to the Subpoena
to
the
extent
that
it
seeks
documents that are protected from
disclosure by Federal or state law
and regulation.
9.
Cumulative
and/or
Duplicative
TD Bank objects to the Subpoena
to the extent that the requests for
documents are cumulative and/or
duplicative.
10. Protected by Federal and
State
Privacy
Laws
or
Regulations
TD Bank objects to the Subpoena
to
the
extent
it
seeks
the
production of documents, data and
information that are confidential,
privileged,
sensitive,
or
proprietary
to
TD
Bank,
or
confidential customer data that
that is prohibited or protected from
disclosure under any Federal and
State Privacy Law or Regulations,
including the Right to Privacy Act
of 1978, 12 U.S.C. 3401 et seq. and
the Graham-Leach-Bliley Act, 15
U.S.C. 6801, et seq,
11. Available Through Third
Parties
TD Bank objects to the Subpoena
to
the
extent
that
it
seeks
documents
in
the
custody,
possession or control of third
parties,
and
from
whom
documents
can
be
directly
obtained.
12. Not in TD Bank’s
Possession, Custody or
Control
TD Bank objects to the Subpoena
to the extent it seeks information
or the production of any document
that
is
not
in
TD
Bank’s
possession, custody, or control,
including, but not limited to,
documents within the possession
of TD Bank’s subsidiaries or
affiliate(s).
13. Lack of Sufficient Notice
TD Bank objects to the Subpoena
to the extent that it fails to provide
a reasonable time period within
which to respond under governing
law.
14. Improper Service
TD Bank objects to the Subpoena
to the extent that service was
improper.
15. Incorrect Entity
TD Bank objects to the Subpoena
to the extent that the incorrect
entity was named or served.
16. Reservation of Rights
TD Bank reserves its rights to
amend, supplement, or revise its
objections to the Subpoena as
necessary.
33
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 33 of 73
Exhibit
Tab 11
Horne 8/8/2024 A.S.
Highly Confidential
PREST AMOS-00422801
34
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 34 of 73
Highly Confidential
PREST AMOS-00422802
35
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 35 of 73
Highly Confidential
PREST AMOS-00422803
36
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 36 of 73
Highly Confidential
PREST AMOS-00422804
37
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 37 of 73
Highly Confidential
PREST AMOS-00422805
38
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 38 of 73
Highly Confidential
PREST AMOS-00422806
39
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 39 of 73
Highly Confidential
PREST AMOS-00422807
40
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 40 of 73
ial
PREST AMOS-00422808
41
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 41 of 73
Highly Confidential
PREST AMOS-00422809
42
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 42 of 73
Highly Confidential
PREST AMOS-00422810
43
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 43 of 73
Highly Confidential Document Filed Under Seal
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 44 of 73
Highly Confidential Document Filed Under Seal
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 45 of 73
Highly Confidential Document Filed Under Seal
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 46 of 73
Highly Confidential Document Filed Under Seal
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 47 of 73
Highly Confidential Document Filed Under Seal
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 48 of 73
Highly Confidential Document Filed Under Seal
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 49 of 73
Deposition of Gregory Lloyd
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 GREGORY LLOYD
14
Wednesday, July 24, 2024
15
Houston, Texas
16
9:59 a.m. CDT
17
18
19
20
21
22
Reported By: TRICIA J. LATHOURIS, CSR, RPR
23
24
68
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 50 of 73
Page 19
1 A Or start the business, should I say.
2 Q And that was just when you were in Texas;
3 is that correct?
4 A Correct.
5 Q And did you apply for a PPP loan on behalf
6 of
?
7 A I don't believe I did, no.
8 Q And talking a little bit about more about
9 your job as an independent contractor. You
10 mentioned that was in Texas.
11 Was there a specific location in Texas
12 where you performed these services?
13 A Houston.
14 Q And did you register --
15 MR. LEDERER: Pardon me. Belated objection to
16 form. It's not clear, you say when he was an
17 independent contractor in Texas. I think he also
18 testified already that he tried to do some work in
19 California, too.
20 MR. GALLAGHER: I think the record will speak
21 for itself.
22 BY MR. GALLAGHER:
23 Q Talking about when you were in Texas now.
24 Me questions right now are confined to when you were
Page 20
1 in Texas.
2 Did you have a business registration in
3 Texas?
4 A No.
5 Q Did you have any business licenses?
6 A Independent contractors in Texas, in my
7 understanding from the Secretary of State, you don't
8 need a business license.
9 Q And was anybody else involved in your
10 business as an independent contractor?
11 A Did I have employees, do you mean, or did I
12 1099 anyone?
13 Q We'll unpack that.
14 So did you have any business partners?
15 A I mean, my wife is obviously, you know, my
16 wife. So whatever I do, she does. She's not really
17 listed as an independent contractor.
18 Q Was she formally involved in your business?
19 A Not really, no.
20 Q Did you have any employees?
21 A No.
22 Q And did you apply for a PPP loan of your
23 business as an independent contractor?
24 A I applied for a PPP loan under my name as
Page 21
1 an independent contractor.
2 Q Did you make money as an independent
3 contractor?
4 A Yes.
5 Q About how much?
6 MR. LEDERER: Objection to form. You can still
7 answer.
8 A I couldn't answer because I don't know off
9 the top of my head.
10 BY MR. GALLAGHER:
11 Q So let's start, first, in 2020, and right
12 now I'm talking just when you're an independent
13 contractor in Texas.
14 Do you know roughly how much money you made
15 in the year 2020?
16 A I do not.
17 Q
19
Page 22
1 as an independent contractor?
2 A
.
Deposition of Gregory Lloyd
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 10 (19 - 22)
69
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 51 of 73
Exhibit
13
Lloyd 7/24/2024 T.L.
Paycheck Protection Program
Borrower Application Form for Schedule C Filers Using Gross Income
Revised March 18, 2021
0MB Control No.: 3245-0407
Expiration Date: 9i30/2021
AN APPLICANT MAY USE THIS FORM ONLY IF THE APPLICANT FILES AN IRS FORM 1040, SCHEDULE C, AND
USES GROSS INCOME TO CALCULATE PPP LOAN AMOUNT
Check One:
El Sole proprietor
D Independent contractor
D Self-employed individual
D Single member LLC (self-employed
individual)
D Qualified joint venture (self-employed
individual
If you have employees (other than owners), complete this table:
1•11••11tidl••10•1;9 !!:liialiJ!•••tiS••J
$
$
0 Payroll Costs (including
proprietor expenses, equal to
business expenses plus owner
com ensation
gregory lloyd
1
El Renl /
Mortgage
Interest
(j Co\ered
Supplier Co,ts
0 Utilities
□ Covered v\"orker
Protec;ion Expendi111res
Applicant Ownership
List J 11 owners of 2fl% or more of the cqnity of the A pplic::mt. Atti1ch ::i ,cpmarc ,hcct if ncccs,nry.
SBA Form 2.+83-C i 3121)
CONFIDENTIAL
HIGHLY CONFIDENTIAL
$
(j Covered Operations
Expenditures
El Ulher ( explain):
NOT P~O\/IDED
1-1
BLU EACORN-02854098
70
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 52 of 73
Paycheck Protection Program
Borrower Application Form for Schedule C Filers Using Gross Income
Revised March 18, 2021
PPP Applicant Demographic Information (Optional)
Veteran/gender/race/ethnicity data is collected for program reporting purposes only. Disclosure is voluntary and will have no bearing on the
loan application decision.
](questions (I). (2). (5). or (6) are answered "Yes." the loan will not be approved.
1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible,
voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any
bankrn tc ?
2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or
guaranteed loan from SBA or any other Federal agency (other than a Federal student loan made or guaranteed through a program
administered by the Department of Education) that is ( a) currently delinquent, or (b) has defaulted in the last 7 years and caused a loss
to the ovemment?
3. Is the Applicant or any owner of the Applicant an owner of any other business, or have common management (including a
management agreement) with any other business? If yes, list all such businesses (including their TINs if available) and describe the
relationship on a separate sheet identified as addendum A.
4. Did the Applicant receive an SBA Economic Injury Disaster Loan between January 31, 2020 and April 3, 2020? If yes, provide
details on a se arate sheet identified as addendum B.
5. Is the Applicant (if an individual) or any owner of the Applicant presently incarcerated or, for any felony, presently subject to an
means by which formal criminal charges are brought in any jurisdiction?
gl
6. Within the last 5 years, for any felony involving fraud, bribery, embezzlement, or a false statement in a loan application or an
amp11c;at1onfor federal financial assistance, has the Applicant (if an individual) or any owner of the Applicant 1) been convicted; 2)
nolo
or
commenced any form of parole or probation (including probation before judgment)?
gl
7. Is the United States the principal place ofresidence for the owner(s) of the Applicant and all employees included in the Applicant's
payroll calculation above?
8. Is the Applicant a franchise?
9. Is the franchise listed in SBA's Franchise Directory? If yes, enter SBA Franchise Identifier Code here:
SBA Form 2.+83-C i 3121)
CONFIDENTIAL
HIGHLY CONFIDENTIAL
BLU EACORN-02854099
71
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 53 of 73
Paycheck Protection Program
Borrower Application Form for Schedule C Filers Using Gross Income
Revised March 18, 2021
Bv Signing Below, You Make the Following Representations, Authorizations, and Certifications
I certify that:
•
I have read the statements included in this form, including the Statements Required by Law and Executive Orders, and I understand them.
•
The Applicant is eligible to receive a loan under the rules in effect at the time this application is submitted that have been issued by the Small
Business Administration (SBA) and the Department of the Treasury (Treasury) implementing the Paycheck Protection Program under Division A,
Tille I of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and
Venues Act), and Title V of the American Rescue Plan Act of 2021 (the Paycheck Protection Program Rules).
•
The Applicant, together with its affiliates (if applicable), (1) is an independent contractor, self-employed individual, or sole prop1ietor with no
employees; (2) employs no more than the greater of 500 employees or, if applicable, the size standard in number of employees established by SBA
in 13 C.F.R. 121.201 for the Applicant's industry; (3) ifNAICS 72, employs no more than 500 employees per physical location; (4) if an Internet-
only news or periodical publisher assigned NAICS code 519130 and engaged in the collection and distribution of local or regional and national
news and information, employs no more than 500 employees ( or the size standard in number of employees established by SBA in 13 C.F .R. 121.201
for the Applicant's industry) per physical location; or (5) is a small business under the applicable revenue-based size standard established by SBA
in 13 C.F.R. 121.201 for the Applicant's industry or under the SBA alternative size standard.
•
I will comply, whenever applicable, with the civil rights and other limitations in this form.
•
All loan proceeds will be used only for business-related purposes (including payroll and other proprietor expenses, which is business expenses plus
owner compensation, as defined in the interim final rule posted on March 3, 2021) as specified in the loan application and consistent with the
Paycheck Protection Program Rules including the prohibition on using loan proceeds for lobbying activities and expenditures. If the Applicant is
an Internet-only news or periodical publisher that became eligible for a loan under Section 5001 of the American Rescue Plan Act of 2021, the
proceeds of lhe loan will be used to support expenses al the component of the business or organization that supports local or regional news.
•
I understand that SBA encourages the purchase, to the extent feasible, of American-made equipment and products.
•
The Applicant is not engaged in any activity that is illegal under federal, state or local law.
•
Any EIDL loan received by the Applicant (Section 7(b)(2) of the Small Business Act) between January 31, 2020 and April 3, 2020 was for a
purpose other than paying payroll costs and other allowable uses for loans under the Paycheck Protection Program Rules.
For Applicants who are individuals: I authorize the SBA to request criminal record information about me from criminal justice agencies for the purpose of
determining my eligibility for programs authorized by the Small Business Act, as amended.
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one (the tem1s "payroll" and
"payroll costs" as used in the below certifications include proprietor expenses (business expenses plus owner compensation)):
_g_l_
The Applicant was in operation on February 15, 2020, has not permanently closed, and was either an eligible self-employed individual,
independent contractor, or sole proprietorship with no employees, or had employees for whom it paid salaries and payroll taxes or paid independent
contractors, as reported on Form(s) 1099-MISC.
_g_l_
gl
_g_l
_g_l
gl
_g_l_
gl
_g_l_
Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.
The funds will be used to retain workers and maintain payroll; or make payments for m01igage interest, rent, utilities, covered operations
expenditures, covered property damage costs, covered supplier costs, and covered worker protection expenditures as specified under the Paycheck
Protection Program Rules; I understand that if the funds are knowingly used for unauthorized purposes, the federal government may hold me
legally liable, such as for charges of fraud.
I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered rent
payments, covered utilities, covered operations expenditures, covered property damage costs, covered supplier costs, and covered worker
protection expenditures, and not more than 40% of the forgiven amount may be for non-payroll costs. If required, the Applicant will provide to
the Lender and/or SBA documentation verifying the number of full-time equivalent employees on the Applicant's payroll as well as the dollar
amounts of eligible expenses for the covered pe1iod following this loan.
The Applicant has nol and will not receive another loan under the Paycheck Protection Program, section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) (this does not include Paycheck Protection Program second draw loans, section 7(a)(37) of the Small Business Act (15 U.S.C.
636(a)(37)).
The Applicant has not been approved for a Shuttered Venue Operator (SVO) grant from SBA as of the date of this application, and the Applicant
acknowledges that if the Applicant is approved for an SVO grant before SBA issues a loan number for this loan, the Applicant is ineligible for
the loan and acceptance of any loan proceeds will be considered an unauthorized use.
The President, the Vice President, the head of an Executive department, or a Member of Congress, or the spouse of such person as determined
under applicable common law, does not directly or indirectly hold a controlling interest in the Applicant, with such tenns having the meanings
provided in Section 322 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act.
The Applicant is not an issuer, the securities of which are listed on an exchange registered as a national securities exchange under section 6 of the
Securities Exchange Act of 1934 (15 U.S.C. 78f).
I further certify that the information provided in this application and the information provided in all supporting documents and forms is true and
accurate in all material respects. I understand that knowingly making a false statement to obtain a guaranteed loan from SBA is punishable under
the law, including under 18 U.S.C. 1001 and 3571 by imprisonment of not more than five years and/or a fine ofup to $250,000; under 15 U.S.C.
645 by imprisonment of not more than two years and/or a fine of not more than $5,000; and, if submitted to a federally insured institution, under
18 U.S.C. 1014 by imprisonment of not more than lhi1iy years and/or a fine of nol more than $1,000,000.
SBA Form 2483-C (3/21)
CONFIDENTIAL
3
HIGHLY CONFIDENTIAL
BLUEACORN-02854100
72
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 54 of 73
Paycheck Protection Program
Borrower Application Form for Schedule C Filers Using Gross Income
Revised March 18, 2021
_g_l_
I acknowledge that the Lender will confirm the eligible loan amount using required documents submitted. I understand, acknowledge, and agree
that the Lender can share any tax information that I have provided with SBA' s authorized representatives, including authorized representatives of
the SBA Office ofinspector General, for the purpose of compliance with SBA Loan Program Requirements and all SBA reviews.
Print Name
SBA Form 2483-C i 3121)
4
CONFIDENTIAL
HIGHLY CONFIDENTIAL
Date
Owner
Title
5/18/2021
BLUEACORN-02854101
73
Case 5:21-cv-04337-JMG Document 142-16 Filed 10/04/24 Page 55 of 73
Purpose of this form:
Paycheck Protection Program
Borrower Application Form for Schedule C Filers Using Gross Income
Revised March 18, 2021
This form is to be completed by the authorized representative of the Applicant and submitted to your SBA Participating Lender. Submission of the requested
inforniation is required to make a determination regarding eligibility for financial assistance. Failure to submit the infonnation would affect that
determination.
An Applicant that files an IRS Form 1040, Schedule C, and elects to calculate the PPP loan amount using gross income must use this form. An Applicant
that files an IRS Form 1040, Schedule C, and elects to calculate the PPP loan amount using net profit must use SBA Form 2483. An Applicant that files an
IRS Form 1040, Schedule F, and calculates the PPP loan amount using gross income must use SBA Form 2483.
Instructions for completing this form:
For purposes of reporting Year of Establishment, applicants may enter "NA".
For purposes of reporting NAICS Code, applicants must match lhe business activity code provided on their IRS income tax filings, if applicable.
For purposes of reporting Number of Employees, sole proprietors, self-employed individuals, and independent contractors should include themselves as
employees (i.e., the minimum number in the box Number of Employees is one). Applicants may use their average employment over the time period used to
calculate their aggregate payroll costs to determine their number of employees. Alternatively, Applicants may elect to use the average number of employees
per pay period in the 12 completed calendar months prior to lhe date of lhe loan application.
For purposes of calculating Average Monthly Payroll for Employees (box C), Applicants must use the average monthly payroll for 2019 or 2020 for
employees (not including lhe owner), excluding costs over $100,000 on an annualized basis, as prorated for the period during which the payments are made
or the obligation to make the payments is incurred, for each employee. The payroll year used must be the same as the tax year used for the gross income
calculation (box A in either table). For seasonal businesses, the Applicant may elect to instead use average total monthly payroll for any twelve-week period
selected by the Applicant between February 15, 2019 and February 15, 2020, excluding costs over $100,000 on an annualized basis, as prorated for the
period during which the payments are made or the obligation to make the payments is incurred, for each employee. For new businesses, average monthly
payroll may be calculated using lhe time period from January 1, 2020 to February 29, 2020, excluding costs over $100,000 on an annualized basis, as
prorated for the period during which the payments are made or the obligation to make the payments is incurred, for each employee.
If Applicant is refinancing an Economic Injury Disaster Loan (EIDL): Add lhe outstanding amount of an EIDL made between Januaiy 31, 2020 and Ap1il
3, 2020 to Loan Request as indicated on the forrn. Do not add the amount of any EIDL Advance.
With respect lo Purpose of lhe Loan, payroll costs consist of compensation to employees (whose principal place of residence is the United States) in lhe
form of salary, wages, commissions, or similar compensation; cash tips or the equivalent (based on employer records of past tips or, in the absence of such
records, a reasonable, good-faith employer estimate of such lips); payment for vacation, parental, family, medical, or sick leave (except those paid leave
amounts for which a credit is allowed under FFCRA Sections 7001 and 7003 ); allowance for separation or dismissal; payment for the provision of employee
benefits (including insurance premiums) consisting of group health care coverage, group life, disability, vision, or dental insurance, and retirement benefits;
payment of state and local laxes assessed on compensation of employees; and wages, commissions, income, or net earnings from self-employment or similar
compensation. This includes proprietor expenses, which means businesses expenses plus owner compensation.
If the Applicant is a qualified joint venture for federal income lax purposes ((1) lhe only members of the joint venture are a married couple who file a joint
return and each file Schedule C, (2) both spouses materially participate in the trade or business, and (3) both spouses elect not to be treated as a partnership),
only one spouse may submit this form on behalf of the qualified joint venture. For purposes of reporting Number of Employees, each spouse should be
counted. For purposes of determining which table lo use to calculate Loan Request Amount, if the Applicant has no employees other than the married couple,
complete the table labeled ·'If you do not have any employees other than yourself, complete this table." For purposes of calculating gross income, enter the
sum of gross income (Schedule C, line 7) from bolh spouses. For purposes of calculating the Loan Request Amount, the amount entered in box Bin either
table is capped at $8,333.33.
For a sole proprietorship, the sole proprietor is considered the owner of the Applicant. For a limited liability company that has only one member and thal is
treated as a disregarded entity for federal income tax purposes and files Schedule C, the member is considered a sole proprietor and the owner of the
Applicant. If the Applicant is treated as a qualified joint venture for federal income tax purposes (the only members of the joint venture are a married couple
who file a joint return and each file a Schedule C), both spouses ai·e considered sole proprietors and owners of the Applicant.
For purposes of reporting ( optional) demographic information:
1.
Purpose. Veteran/gender/race/ethnicity data is collected for program reporting purposes only.
2.
Description. This form requests infonnation about each of the Applicant's Principals. Add additional sheets if necessary.
3.
Definition of Principal. The term "Principal" means:
•
The self-employed individual, independent contractor, or sole proprietor.
•
Any individual hired by lhe Applicant to manage the day-lo-day operations of lhe Applicant ("key employee").
4.
Principal Name. Insert the full name of the Principal.
5.
Principal Position. Identify the Principal's position: self-employed individual, independent contractor, sole proprietor, or key employee.
Paperwork Reduction Act - You are not required to respond to this collection of information unless it displays a currently valid 0MB Control Number. The
estimated time for completing this application, including gathering data needed, is 8 minutes. Comments about this time or the information requested should
be sent to: Small Business Administration, Director, Records Management Division, 409 3rd St., SW, Washington DC 20416, and/or SBA Desk Officer,
Office of Management and Budget, New Executive Office Building, Washington DC 20503. PLEASE DO NOT SEND FORMS TO THESE
ADDRESSES.
SBA Form 2483-C (3/21)
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Paycheck Protection Program
Borrower Application Form for Schedule C Filers Using Gross Income
Revised March 18, 2021
Privacy Act (5 U.S.C. 552a)- Under the provisions of the Privacy Act, you are not required to provide your social security number. Failure to provide your
social security number may not affect any right, benefit or privilege to which you are entitled. (But see Debt Collection Notice regarding taxpayer
identification number below.) Disclosures of name and other personal identifiers are required lo provide SBA with sufficient information to make a character
determination. When evaluating character, SBA considers the person's integrity, candor, and disposition toward criminal actions. Additionally, SBA is
specifically authorized to verify your criminal history, or lack thereof, pursuant to section 7(a)(l)(B), 15 U.S.C. Section 636(a)(l)(B) of the Small Business
Act.
Disclosure of Information - Requests for information about another party may be denied unless SBA has the written permission of the individual to release
the information to the requestor or unless the information is subject to disclosure under the Freedom of Information Act. The Privacy Act authorizes SBA
to make certain "routine uses" of information protected by that Act. One such routine use is the disclosure of information maintained in SBA's system of
records when lhis infonnation indicates a violation or potential violation of law, whether civil, criminal, or administrative in nature. Specifically, SBA may
refer the information to the appropriate agency, whether Federal, State, local or foreign, charged with responsibility for, or otherwise involved in
investigation, prosecution, enforcement or prevention of such violations. Another routine use is disclosure to other Federal agencies conducting background
checks but only to the extent the information is relevant to the requesting agencies' function. See, 74 F.R. 14890 (2009), and as amended from time to time
for additional background and other routine uses. In addition, the CARES Act, requires SBA to register every loan made under the Paycheck Protection
Program using the Taxpayer Identification Number (TIN) assigned to the borrower.
Debt Collection Act of 1982, Deficit Reduction Act of 1984 (31 U.S.C. 3701 et seq. and other titles) - SBA must obtain your taxpayer identification
number when you apply for a loan. If you receive a loan, and do not make payments as they come due, SBA may: (1) report the status of your loan(s) to
credit bureaus, (2) hire a collection agency to collect your loan, (3) offset your income tax refund or other amounts due to you from the Federal Government,
(4) suspend or debar you or your company from doing business with the Federal Government, (5) refer your loan to the Department of Justice, or (6) take
other action permitted in the loan instruments.
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401)-The Right to Financial Privacy Act of 1978, grants SBA access rights to financial records held
by financial institutions that are or have been doing business with you or your business including any financial institutions participating in a loan or loan
guaranty. SBA is only required provide a certificate of its compliance with the Act to a financial institution in connection with its first request for access to
your financial records. SBA's access rights continue for the term of any approved loan guaranty agreement. SBA is also authorized to transfer lo another
Government authority any financial records concerning an approved loan or loan guarantee, as necessary to process, service or foreclose on a loan guaranty
or collect on a defaulted loan guaranty.
Freedom of Information Act (5 U.S.C. 552) - This law provides, with some exceptions, that SBA must supply information reflected in agency files and
records lo a person requesting it. Information about approved loans that is generally released includes, among other things, statistics on our loan programs
(individual borrowers are not identified in the statistics) and other infonnation such as the names of the borrowers, the amount of the loan, and the type of
the loan. Proprietary data on a borrower would not routinely be made available to third parties. All requests under this Act are to be addressed to the nearest
SBA office and be identified as a Freedom of Information request.
Occupational Safety and Health Act (15 U.S.C. 651 et seq.) - The Occupational Safety and Health Administration (OSHA) can require businesses to
modify facilities and procedures to protect employees. Businesses that do not comply may be fined and required to abate the hazards in their workplaces.
They may also be ordered to cease operations posing an imminent danger of death or serious injury until employees can be protected. Signing this form is
certification that lhe applicant, lo the best of its knowledge, is in compliance wilh the applicable OSHA requirements, and will remain in compliance during
the life of the loan.
Civil Rights (13 C.F.R. 112, 113, 117)-All businesses receiving SBA financial assistance must agree not to discriminate in any business practice, including
employment practices and services to the public on the basis of categories cited in 13 C.F .R., Parts 112, 113, and 117 of SBA Regulations. All borrowers
must display the "Equal Employment Opportunity Poster" presc1ibed by SBA.
Equal Credit Opportunity Act (15 U.S.C.1691)-Creditors are prohibited from discriminating against credit applicants on the basis of race, color, religion,
national origin, sex, marital status or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's
income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection
Act.
Debarment and Suspension Executive Order 12549 (2 C.F.R. Part 180 and Part 2700) - By submitting this loan application, you certify that neither
the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or voluntarily excluded from
participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final determination still pending; ( c) indicted, convicted,
or had a civil judgment rendered against you for any of the offenses listed in the regulations or ( d) delinquent on any amounts owed to the U.S. Government
or its instrumentalities as of the date of execution of this certification.
SBA Form 2483-C (3/21)
CONFIDENTIAL
HIGHLY CONFIDENTIAL
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Exhibit 8
8/13/2024 M.S.
1/2
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Exhibit 9
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Thank you for banking with TCF National Bank
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How to Balance Your Account
1. Check off in your check register each transaction shown on the front of this statement
2. ENTER your ending balance from the front of your statement on this line:
$ ____ _
3. ADD any deposits or additions not shown on the statement, including ATM deposits:
$ __
_
$
$ ___
_
$ __
_
$ ___ _
Total Additions(+)
$ ___
_
Subtotal
$ ___
_
4, SUBTRACT any checks written or withdrawals made that are not shown on this statement,
such as bill payment withdrawals, automatic withdrawals, ATM withdrawais, check printing
charges, service fees, check card, and other transactions:
$ __
_
$ __
_
$
$
$ __
_
$ __
_
$ __
_
$ ____ _
$ __
_
$ ____ Total Subtractions(-)
$ __
This adjusted statement balance should agree with your check register balance
$ ____ _
If Your Account Balance and Adjusted Statement Balance Do Not Agree
Verify that all differences were corrected from your last month's statement
2. Check additions and subtractions in your checkbook,
3. Make sure that you listed ail of your outstanding checks and deposits.
4. Make sure you have recorded ail electronic transfers, automate deposits or 'Nithdrawals, fees, interest deposits,
and all automatic bill payment and ATM activities and other transactions.
5 Compare the amount of each check and deposit with the amount recorded on this statement and In your checkbook.
6. Call us if you have a problem balancing your account
Information Concerning Your Consumer Checking or Savings Account Statement
You Choose How TCF Handles Your TCF Debit Card Overdrafts, You can tell TCF if you do not want us to authorize and pay overdrafts on your consumer checking
or money market account for your ATl'v1 and everyday debit card transactions. This choice does not apply lo recurring debit card transactions or lransactions you make
ushg debit cards not issued by TCF You can select or change U1is option by ca!ling TCF Customer Service at 1-866-82:5-4472, or for hearing Impaired (TTY) 1-800-343-
6145. TCF charges a $37 fee for paying your overdrafts. TCF does not chatge a fee for declining ATM and everyday debit card transactions, We can change these fees
at any time. For more information, caH us at the number above, or see your account disciosures and the notice called What rou Need to Know about Overdrafts and
Overdraft Fees. You can get this at lcfbank.com or at any TCF branch.
!11 Case of Errors or Questions About Your Electronic Transfers, If you think your statement or receipt is wrong or if you need more information about a transfer on
your statement or receipt, telephone us or write us at the phone number or address shown below as soon as you Gar.. We must hear from you no later than 60 days
after we sent you the FIRST statement on which the suspected error or problem appeared, Give us the following information: 1) your name and acGOunt number; 2)
the dollar amount of ihe suspected error; and 3) a description of the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is
an error or why you need more information. If you need more information, describe the item you are not sure about. 'We wiil investigcJte your complaint and will correct
any error promptly, If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will t1ave the use of the
money during the time it takes us to complete our investigation. This time period is extended to 20 business days if the error involves an electronic funds transfer to or
from your account within 30 days after the first deposit to the account
In Case of Errors or Questions Not involving Electronic Transfers. You must promptly examine your statement and notify us of any errors at the phone number
or address shown below. For any errors that do not involve elee,tronic transfers, we must hear from you no later than 30 days after we sent you the FIRST statement
on which the suspected error appeared. Give us the information desired in ihe previous paragraph for us to investigate the suspected error. We will correct any
error promptly. If TCF does not hear from you within tr1e :JO day period, we are released from all iiability for the transactions unless otherwise stated in your Account
ContraGt.
Checking Your Preauthorized Credit Deposits, If you have arranged direct deposits to your checking or savings account at least once every 60 days from the same
person or company, you can check to see if the deposits were made by caning the phone number on the front of this statement
Your Right to Stop Payment on Preauthorized Payments. If you have told us in advance to make regular payments out of your checking or savings account, you
can stop any of these payments. Cali us at the telephone number or write us at the address shown below in time for us to receive your request 3 Business Days or
more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We
will charge you a fee for each stop payment order you give.
Checking Account Statement Delivery, You can Ghoose the delivery method for your checking acmunt statements. If you enroll for on line statements, you will not
receive paper statements. If you do not enroll for oniine statements, you wili receive a paper statement Depending on your account type, we may charge you a fee
for paper statements. Additional fees may apply if you ask for check image copies with your paper statements. Paper statement fees do not apply to accounts TCF
classifies as commercial relationship accounts. You can change your delivery method at any time.
Contacting TCF Customer Service
By Phone: 1-800-823-2265 or TTY (hearing impaired) 1-800-343-6145
By Mail: TCF National Bank, PO Box 190, rv1inneapolis, MN 55440-0190
(c)2001-2020 TCF Natic:na: Bank. Membe:1· FDIC. td!rnnk.;~on-i. X066. (f~EV 03i27/20}
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Date
Account
Number
Account Agreement
Type of Account
Beginning
Interest Rate
_________ _
Beginning Annual
Percentage Yield
Cards
Requested
Taxpayer tdentification Number
Kolawole Ayindamola_Jr-Ahmadou __________ _
Address
_
_ ____________________ City,State,Zip
DEFINITIONS
"Account'' means the checking, savings, or money market account listed above.
"Account Contract' means: (1) this Account Agreement; (2) TCF's Terms and Conditions for Checking and Savings Accounts; (3) TCF's Schedule of Fees; (4)
TC F's Privacy Policy; (5) TC F's Account Disclosure; and (6) TC F's What You Need to Know About Overdrafts and Overdraft Fees (as applicable). If you are
opening an Individual Retirement Account or a Coverdell Education Savings Account, your Account Contract includes your Application and Account Disclosure
Statement. If you are opening a Health Savings Account, your Account Contract includes your Application, Account Disclosure Statement, Authorized Signer
Designation, and Beneficiary Designation. TCF may change your Account Contract from time to time by giving you notice of the change.
"Affiliates" means any company directly or indirectly owned by us or TCF Financial Corporation.
"TCF," "TCF Bank," "we," "us," and "our" mean TCF National Bank.
"You" and "your" mean each person or entity named above as Account owner. If there is more than one Account owner, "you" and "your" mean each owner
individually and all owners together.
Under penalties of perjury, I certify that:
CERTIFICATION OF FEDERAL TAXPAYER IDENTIFICATION NUMBER
(In this certification below, "I," "me," and "my" mean the Account owner)
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding; or (b) I have not been notified by the Internal Revenue Service
(IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends; or (c) the IRS has notified me that I am no longer
subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below) (including a U.S. resident alien).
Note: Certification Instructions. You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.
If you are not a "U.S. Person," plea~te Form W-8 BEN instead of signing this certification.
.
v
-
(
Signature of U.S. Person: /\
:===
Date: .....:::::..........::...-1--__:::.....-l-'c;..y
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: (1) An individual who is a U .. citizen or U.S. resident alien;
(2) A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; (3) An estate (other than
a foreign estate); or (4) A domestic trust (as defined in Internal Revenue Service Regulations section 301.7701-7).
ARBITRATION AGREEMENT ACKNOWLEDGMENT
Your Account Contract includes an arbitration agreement. If there is a dispute between you and TCF and the dispute is covered by the arbitration agreement,
then either you or TCF may require the dispute to be resolved by arbitration in front of an arbitrator. This means that you and TCF will not have the right to: (1)
a jury or court trial to resolve the dispute; or (2) pursue a claim as a class action. You have the right to reject the arbitration agreement by giving written
notice to TCF within 30 days after the date of this Agreement following the procedures described in your Account Contract. See the section called
"Arbitration of Disputes" in TC F's Terms and Conditions for Checking and Savings Accounts for more information.
2. Initial: _______ 3. Initial: _______ 4. Initial : ______ _
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Account Number (the "Account") _
_______________________ _
APPLICATION FOR ACCOUNT
By signing below, you agree to all the terms of your Account Contract. By continuing your Account or using any account-related services, you confirm your
agreement to all the terms of your Account Contract as it may be amended from time to time. You also acknowledge that you have received a copy of this
Agreement and all the other documents that are part of your Account Contract, and agree that we may provide these documents to you electronically when
permitted by law. You also acknowledge that you have received the notice called What You Need to Know About Overdrafts and Overdraft Fees, and agree that
we may provide the notice and confirmation of your overdraft election to you electronically.
By signing below, you acknowledge that you requested the TCF ATM or debit card(s), if any, indicated above. You also agree that we may share information
about you and your Account transactions with our Affiliates. The information may include your consumer report. Our Affiliates may use the information to
determine whether to offer you other products and services, and for other legitimate business purposes. You agree that we may share the information with third
parties that are not our Affiliates. You may direct us to NOT share certain information, as explained in the TCF Privacy Policy.
Any of the persons signing below is authorized to conduct transactions on this Account. You state and agree that the signature appearing below for each
"authorized signer" is the true and correct signature of the signer.
If you owe us a debt from a previous deposit or loan account, you agree that we may deduct that amount from your new Account shown above,
regardless of the source of the funds in your new Account, and apply the money towards the debt Our right to make this deduction (called "setoff")
does not apply in certain circumstances as described in your Account Contract For example, we will not deduct funds from your new Account to pay
a previous debt if: (a) your new Account is an IRA or other tax-deferred or tax-free retirement account or held in a representative capacity, or (b) the
funds are exempt f~om
or the setoff is otherwise prohibited by law.
~
/
rJ
(/
Signed:)!
--
04 //S /2!
Customer Signature Kolawole Ayindamola Jr-Ahmadou
Date
J
/
Customer Signature
Customer Signature
Customer Signature
TO OPEN AN ACCOUNT, THIS AGREEMENT MUST BE SIGNED OR INITIALED BY THE APPROPRIATE
PERSON IN ALL PLACES WHERE INDICATED.
2241
J321657
©2000-2020 TCF National Bonk. Member FDIC. tcibonk.com. CFSAVOS39 CBB. (REV 04/09/20)
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