Court filing
Appendix Volume 2 — Marshall v. Prestamos CDFI, LLC (Dkt. 157-4, E.D. Pa. No. 5:21-cv-04337)
Filed May 7, 2025 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 | 2025-05-07 |
U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 157-4 · 2025-05-07 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALICIA MARSHALL, et al.,
Plaintiffs,
v.
PRESTAMOS CDFI, LLC,
Defendant.
Civil Action No. 5:21-cv-04337-JMG
DEFENDANT PRESTAMOS CDFI, LLC’S
APPENDIX IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT VOLUME 2 OF 2
Exhibit Document
Bates Numbers
10
SBA Email Regarding Recovery on Fraudulent PPP
Loan
Def_Appx_0177
11
SBA Investigation Email
Def_Appx_0178-0180
12
Deficient Loan Documents Chart and Compilation
Def_Appx_0181-0326
13
Bank Return Reasons Chart and Compilation
Def_Appx_0327-0370
14
Dismissed Class Representative Chart and
Compilation
Def_Appx_0371-0385
15
Plaintiff Eligibility Chart and Document Certification
Compilation
Def_Appx_0386-0397
16
Blueacorn Enhanced Due Diligence Guidelines
Def_Appx_0398-0429
17
J. Martinez Deposition Transcript Excerpts
Def_Appx_0430-0434
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 1 of 267
Exhibit 10
SBA Email Regarding Recovery on
Fraudulent PPP Loan
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 2 of 267
Def_Appx_0177
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 3 of 267
Exhibit 11
SBA Investigation Email
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 4 of 267
Def_Appx_0178
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 5 of 267
Def_Appx_0179
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Def_Appx_0180
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 7 of 267
Exhibit 12
Deficient Loan Documents Chart and
Compilation
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 8 of 267
Def_Appx_0181
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Def_Appx_0182
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Def_Appx_0183
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Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 12 of 267
29 Id. at Def_Appx_0311 (Ahmadou Dep. Ex. 7); id. at Def_Appx_0312 (Ahmadou Dep. Ex. 8).
30 Id. at Def_Appx_0320 (Ahmadou Dep. Ex. 15 Excerpt).
31 Id. at Def_Appx_03321-24 (Ahmadou Dep. Ex. 5).
32 Id. at Def_Appx_0325 (Ahmadou Dep. Ex. 13).
33 Id. at Def_Appx_0323-24 (Ahmadou Dep. Ex. 5).
Def_Appx_0185
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Def_Appx_0186
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Def_Appx_0187
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Def_Appx_0188
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Def_Appx_0189
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Def_Appx_0190
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Def_Appx_0191
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Def_Appx_0192
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Def_Appx_0193
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Def_Appx_0194
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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
Def_Appx_0195
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 23 of 267
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)
Def_Appx_0196
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Def_Appx_0197
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Def_Appx_0198
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Def_Appx_0199
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Def_Appx_0200
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Def_Appx_0201
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Def_Appx_0202
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Def_Appx_0203
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Def_Appx_0204
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Def_Appx_0205
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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
Def_Appx_0206
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 34 of 267
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
Def_Appx_0207
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 35 of 267
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
)
)
)
)
)
)
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
Def_Appx_0208
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 36 of 267
Def_Appx_0209
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 37 of 267
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).
Def_Appx_0210
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 38 of 267
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.
Def_Appx_0211
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 39 of 267
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.
Def_Appx_0212
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 40 of 267
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.
Def_Appx_0213
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 41 of 267
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.
Def_Appx_0214
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 42 of 267
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.
Def_Appx_0215
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 43 of 267
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.
Def_Appx_0216
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Def_Appx_0217
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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.
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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
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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
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)
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Exhibit 13
Bank Return Reasons Chart and
Compilation
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BANK RETURN OF FUNDS CHART
Plaintiff
ACH Return
Code1
ACH Return Code
Official Title2
Return of Funds Detail
Bradley Smith,
Sharon
R03
No Account/Unable
to Locate Account
Borrower’s financial institution (Shell Federal Credit Union) did not
identify specific reasons PPP loan disbursement was returned.3
Henderson,
Kristina
R03
No Account/Unable
to Locate Account
Borrower’s financial institution refused to accept any PPP loan
disbursements into personal accounts.4
Horne, Jahbrael
R03
No Account/Unable
to Locate Account
Borrower’s financial institution (Bank of America) did not identify
specific reasons PPP loan disbursement was returned.5
Johnson, Alyshia
R16
Account Frozen
Borrower’s financial institution (Republic Bank & Trust) was “not
designed for business use.”6
Jones, Jamie
R23
Credit Entry Refused
by Receiver
Borrower’s financial institution (BMO Harris Bank NA) did not
identify specific reasons PPP loan disbursement was returned.
Lloyd, Gregory
N/A
N/A
7
Marshall, Alicia
R23
Credit Entry Refused
by Receiver
Borrower’s financial institution (Dave) is only “for personal, family,
or household purposes and . . . may not be . . . use for business
purposes.”8
Martin, John
R17
File Record Edit
Criteria
Borrower’s financial institution (America First Credit Union) did not
accept PPP loans because Borrower did not have a business account.9
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Marvel, Lametria
R23
Credit Entry Refused
by Receiver
Borrower’s financial institution (Dave) is only “for personal, family,
or household purposes and . . . may not be . . . use for business
purposes.”10
Townsend, Paris
R23
Credit Entry Refused
by Receiver
14
Ahmadou,
Kolawole15
R23
Credit Entry Refused
by Receiver
16
17
18
19
1 Documentation identifying the ACH return code associated with each class representative is found at Def_Appx_0041.
2 Additional information concerning ACH return codes, including the official title of each, can be found at Def_Appx_0330-44 of the
accompanying compilation of source documentation (the “Accompanying Compilation.”) (EVOLVE-00000073).
3 Accompanying Compilation at Def_Appx_0347 (S. Smith Bradley Dep.) at 84:14-25 (“Q: And what did the bank tell you? A: They
didn’t receive a wire into my account for $12,500.”).
4 Id. at Def_Appx_0349 (K. Henderson Dep.) 86:10-13 (“Q: So you had a phone call with your bank and they told you that they rejected
all PPP loan funds on any personal account; is that accurate? A: That is accurate.”); id. at Def_Appx_0350 (PSCU-00000125).
5 Id. at Def_Appx_0352-53 (J. Horne Dep.) at 140:15-141:3.
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6 Id. at Def_Appx_0355 (A. Johnson Dep. Ex. 8 Excerpts) at 5 (“The Card and Virtual Account are not designed for business use, and
we may close your Card Account if we determine that it is being used for business purposes. We may refuse to process any
transaction that we believe may violate the terms of this Agreement or applicable law.”).
7 Id. at Def_Appx_0357-59 (G. Lloyd Dep. Ex. 2 Excerpts); id. at Def_Appx_0361 (G. Lloyd Dep.) at 36:9-37:22.
8 Id. at Def_Appx_0362 (Dave Spending Account Deposit Agreement and Disclosures) § I.B.
9 Id. at Def_Appx_0364 (J. Martin Dep.) at 56:2-14 (“[T]he letter from the bank was basically saying that . . . we can’t receive
business loans on a personal account, so we have to return the funds.").
10 Id. at Def_Appx_0362 (Dave Spending Account Deposit Agreement and Disclosures) § I.B.
11 Id. at Def_Appx_0365 (P. Townsend Dep. Ex. 14).
12 Id. at Def_Appx_0366 (P. Townsend Dep. Ex. 15).
13 Id. at Def_Appx_0367 (P. Townsend Dep. Ex. 17).
14 Id. at Def_Appx_0368 (P. Townsend Dep. Ex. 16).
15 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 circumstances under which putative class members’ banks returned Prestamos’s
disbursements of PPP funds.
16 Id. at Def_Appx_0369 (K. Ahmadou Dep. Ex. 11).
17 Id.
18 Id. at Def_Appx_0370 (K. Ahmadou Dep. Ex. 12).
19 Id. at Def_Appx_0369 (K. Ahmadou Dep. Ex. 11).
Def_Appx_0329
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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
Def_Appx_0346
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 175 of 267
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)
Def_Appx_0347
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 176 of 267
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
Def_Appx_0348
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 177 of 267
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)
Def_Appx_0349
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 178 of 267
Def_Appx_0350
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 179 of 267
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
Def_Appx_0351
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 180 of 267
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)
Def_Appx_0352
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 181 of 267
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
1
Page 143
1
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)
Def_Appx_0353
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 182 of 267
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Log in to the Online Account Center at
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Per withdrawal. A fee may also be assessed
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1
Exhibit 8
Johnson 8/12/2024 A.R.
Def_Appx_0354
7-JMG Document 157-4 Filed 05/07/25
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we will ask for your name, address, date of birth, and your government ID number
(e.g., social security number). We may also ask to see your driver’s license or other
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
Def_Appx_0355
7-JMG Document 157-4 Filed 05/07/25
Exhibit
2
Lloyd 7/24/2024 T.L.
1
Attorney-Client Privilege
LLOYD000087
Def_Appx_0356
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 185 of 267
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
Def_Appx_0357
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 186 of 267
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
Def_Appx_0358
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 187 of 267
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 solutjons.prestamosloans.com
From: Gregg Lloyd <diablotek79@gmail.com>
Date: Monday, July 25, 2022 at 8:49 AM
To: Elexis Garcia <elexis.garcia@cplc.org>
Subject: Re: gregory lloyd/SBA-453824901 O
Elexis.
I have just got off the phone with Presamtos, and they have advised me to send you another email,
hopefully I will get a response this time.
I notice that my funds were sent back to Pretamos on July 12th from my Capital One account, can
you now please give me a status update on this. This has now been going on for 13 months!
I also provided my new address, which is
any and ALL mail
now needs to be send to that address.
Thank you for your time.
Gregg
10
LLOYD000096
Def_Appx_0359
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 188 of 267
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
Def_Appx_0360
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 189 of 267
Page 35
1 you about the status of your loan; is that fair to
2 say?
3 A Well, they can't comment on the status of
4 my loan because they didn't provide my loan.
5 They're just the bank that held my funds.
6 Q Okay. So Capital One held your funds;
7 correct?
8 A Correct.
9 Q Just so I'm clear on the chain of events.
10 So Prestamos deposited your PPP funds into
11 your Capital One account; right?
12 A Correct.
13 Q And then Capital One held onto those funds?
14 A Correct. As soon as I woke up in the
15 morning, my account was frozen, unable to use those
16 funds. The same day it was deposited. Because
17 deposits go in -- you know, we all know they go in
18 around two, three, four o'clock in the morning. You
19 got to bed and there's nothing in there; you wake up
20 and your money is there. So as soon as I woke up,
21 my account was frozen. Couldn't even use it.
22 Q Okay. So let's talk a little bit about
23 that day.
24 Explain to me how you discovered that your
Page 36
1 funds were frozen.
2 A I woke up in the morning to pay a bill.
3 Q And was your entire Capital One account
4 frozen?
5 A Yes. Both my savings and my checking. My
6 entire account was closed -- frozen. Even my own
7 money that was in there on top of the PPP loan was
8 frozen.
9 Q And what did you do when you discovered
10 that your entire account, including your PPP funds,
11 were frozen?
12 A Called Capital One.
13 Q And what did you say to them?
14 A Why is my account frozen. I mean,
15 obviously you can't expect me to remember word for
16 word what I did three years ago, but it would have
17 been along the lines of why is my account frozen,
18 what is going on, and then they would tell me why
19 and then thank you very much, I will get in contact
20 with Blue Acorn.
21 Q Just for my edification, what did Capital
22 One say to you? And I understand it's not going to
23 be verbatim, your recollection, but to the extent
24 you recall.
Page 37
1
10 Q Okay. But it was Capital One that put a
11 hold on your funds, not Prestamos; right?
12 A It was Capital One that put a hold on it,
13 obviously. Yes.
14 Q Okay. Do you have any reason to believe
15 that Prestamos was responsible for putting a hold on
16 those funds?
17 A Putting a hold on it? No. I think
18 Prestamos is at fault for not assisting getting it
19 back.
20 Q Okay. But Prestamos disbursed the funds to
21 your account; right?
22 A Correct.
23 Q Mr. Lloyd, do you recall answering written
24 questions in this case prior to this deposition?
Page 38
1 A No.
2 MR. LEDERER: Objection to form. Yeah,
3 objection to form.
4 MR. GALLAGHER: I'll clarify.
5 BY MR. GALLAGHER:
6 Q Do you recall responding to what are called
7 interrogatories?
8 A Yes.
9 Q Okay. Do you also recall signing a
10 verification to those interrogatory responses?
11 A Yes.
12 MR. GALLAGHER: Can you put up tab 8.
13 Mr. Lloyd, I'm going to mark this document as
14 Exhibit 3.
15 (Exhibit 3 marked for identification.)
16 BY MR. GALLAGHER:
17 Q Mr. Lloyd, do you recall reviewing this
18 document?
19 A Yes.
20 Q And do you recall signing it as well?
21 A Yes.
22 Q In this verification you state that "I,
23 Gregory Lloyd, state that I am one of the plaintiffs
24 in this matter. I have read the foregoing
Deposition of Gregory Lloyd
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 14 (35 - 38)
Def_Appx_0361
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 190 of 267
Dave
Deposit Account Agreement
Electronic Communication Consent
Evolve Privacy Policy
Dave Spending Account Deposit Agreement
and Disclosures
Last Updated 06/16/2021
Please read this Dave Deposit Account Agreement (the 'Agreement') carefully and retain it for your future reference. This Agreement
contains the general terms, conditions and disclosures related to the non-Interest bearing demand deposit account ('Dave Spending
Account-) and Dave Debit Mastercard® ('Dave Card') made available to eligible consumers by Evolve Bank & Trust rEvoNel, member
of the Federal Deposit Insurance Corporation l'FDIC-1. In partnership with Dave Inc. I'Dave"). the program partner responsible for
managing the Dave Spending Account and Dave Card program
When you see the words 'wer'us: or 'our' in this Agreement, it refers to Evolve as well as any of its affiliates, successors, assignees,
agents or service providers. When you see the words 'you' or -your.' It refers to you the owner of the Dave Spending Account. as well
as your personal representatives, executors. administrators. and successors.
If there is a conflict between this Agreement and any other document or statement made to you concerning the Dave Spending
Account or Dave Card. this Agreement will govern If there is a conflict between this Agreement and any other document or statement
made to you concerning any services or products other than the Spending Account or Dave Card. the separate terms and conditions
applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only
and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or
document we may provide to you from rime to time in connection with the Dave Spending Account
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND YOUR
RIGHT TO A JURY THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION VII(KI OF THIS AGREEMENT
I. Dave Spending Account Basics
A. What Is a Dave Spending Account?
loe Dave bpeoU rg ,count
den,nd deo,. ocL,uol
,uld your deposits and make payments and
transfers between accounts you may have at other banks and to third parties online, through Dave's mobile application (the "Mobile
Apo) and through the use of the Dave Card Separate terms and conditions apply to the Mobile App Please refer to the Terms of Use
available at https://dave.cornitarms for additional information_
B. Dave Spending Account Eligibility
The Dave Spending Account is available to United States citizens or lawful permanent residents of the fifty (501 United States FU.S'f.
the District of Columbia, American Samoa. Guam. Marshall Islands. Northern Mariana Islands. Palau and US Virgin Islands who are at
least 18 years of age. have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or
Tax Identification Number. The Dave Spending Account is only available to indwiduals for personal. family or househOld purposes and
may not be opened by a business in any form or used for business purposes.
You must also agree to go paperless This means that you must (11 provide us with a valid email address and 12) agree to accept
electronic delivery of all communications that we need or decide to send you In connection with your Dave Spending Account. Please
refer to the Dave Electronic Signatures in Global and National Commerce Act IESign) Policy httpal/wwwdavecornielectronie.
communications-consent for additional details We may decline to open a Dave Spending Account or issue a Dave Card to you for any
reason, or for no reason, this includes if you have had or currently have any other relationships or accounts with either us or Dave that
you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from refusal of a Dave Spending
Account relationship
C. Titling and Ownership of Dave Spending Accounts
The Dave Spending Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds.
The Dave Spending Account cannot be owned or titled as a pint account. trust account, a Uniform Transfers to Minors (UTMAI
account or a Payable On Death (POD) account.
D. How To Open a Dave Spending Account
Spend ry ,,,,t
by ,bmilling a request through the Mobile App and providing all requested information.
Important Information about procedures for opening a new Dave Spending Account To help the government fight the funding of
terrorism and money laundering activities. federal law requires all financial institutions to obtain. verify and record information
identifying each person who opens a Dave Spending Account. This means that when you open a Dave Spending Account we will ask
for your name. street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us
to identify you. We may also ask to see identifying documents such as a driver's license.
E. No Minimum Deposit or Balance
There is no minimum deposit required to open a Dave Spending Account and no minimum balance you need to maintain in your Dave
Spending Account
F. Power of Attorney and Attorneys-in-Fact
Vie TA,
Al
t,
pe:
as an 'attorney-in-fact-) power of attorney to act on your behalf for your Dave
Spending Account. You must obtain written approval from us before we will honor any power of attorney. Email us at legalpdave.com
for approval if you plan to create a power of attorney Please be aware that it may take up to two weeks for us to review your request If
approved, we will honor orders and instructions from your attorney-In-fact until It) we receive a written revocation from you. I2) we are
Highly Confidential
DAVE-00000354
Def_Appx_0362
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 191 of 267
Deposition of John C. Martin
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 : CASE NO.
al., individually and : 5:21-ev-04337-JMG
4
on behalf of all :
others similarly :
5
situated, :
Plaintiffs :
6
:
vs. :
7
:
PRESTAMOS CDFI, LLC, :
8
Defendant :
9
* * *
10
TUESDAY, JULY 16, 2024
11
* * *
12
13
Oral deposition of JOHN C. MARTIN
14
taken remotely, commencing at 10:02 a.m.
15
before Debbie Leonard, Registered Diplomate
16
Reporter, Certified Realtime Reporter.
17
18
19
20
21
22
23
24
25
Def_Appx_0363
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 192 of 267
Page 54
1 day-to-day expenses, like, all my expenses,
2 all my purchases for personal use goes
3 through the bank, since I --
4 Q. Can you tell me when you opened
5 the account?
6 A. Oh, a long time ago. Years
7 ago. Probably --
8 Q. I'm sorry?
9 A. Probably over 15, 20 years ago.
10 Q. Sometime between 2000 and 2010?
11 A. It was already opened, yeah.
12 Q. Already opened by 2000?
13 A. Yeah. It was -- it was open a
14 long time ago. There was one instance -- and
15 I can't remember roughly the year. Maybe
16 five, six years ago my account number had to
17 change because there was -- someone -- I
18 don't know. I think T-Mobile somehow
19 compromised my information and somehow people
20 were stealing money from my account, and so
21 we ended up changing my account number, there
22 was some fraud going on.
23 And so we had it corrected,
24 and -- but, really, if we don't look at that,
25 I go -- my account with America First goes
Page 55
1 back probably 20 years, easy.
2 MR. ROGERS: Debbie, can you
3 read the question and answer before
4 the last question and answer, please.
5 THE REPORTER: Sure, no
6 problem.
7 * * *
8 (The court reporter read from
9 the record as follows:)
10 * * *
11 "QUESTION: Okay. And why did
12 you open an account at America First
13 Credit Union?
14 "ANSWER: Well, that account
15 was opened so that I can receive my --
16 my business deposits and also to
17 handle my personal day-to-day
18 expenses."
19 * * *
20 MR. ROGERS: That's good
21 enough.
22 BY MR. ROGERS:
23 Q. Were you aware when you opened
24 the account that you couldn't use it for
25 business purposes?
Page 56
1 A. No, I was not aware.
2 Q. Do you know one way or another
3 whether you got a document from America First
4 setting up rules for the account?
5 A. They sent a letter a few days
6 after the funds were returned. Because I
7 didn't even realize it hit the bank and left
8 the bank. I didn't even realize it until I
9 got the letter from the bank.
10 And the letter from the bank
11 was basically saying that, you know, we can't
12 receive business loans on a personal account,
13 so we have to return the funds. And that was
14 the scope of the letter.
15 Q. Was the letter -- that was a
16 letter written by the credit union?
17 A. Yes.
18 Q. And was there anything
19 suspicious about that in your mind?
20 A. No. I think that was standard
21 operating procedure from the bank.
22 Q. Right. So when you said
23 earlier that you found it suspicious when
24 Blueacorn told you about not being able to
25 verify your identity, you're not suspicious
Page 57
1 that America First didn't ultimately keep the
2 deposit based on its business account
3 prohibition? That you don't find suspicious?
4 A. No, I did not find anything
5 suspicious on what my credit union did.
6 Q. Okay. Did you contact America
7 First -- first of all, how did you find
8 out -- you said you got a letter from them?
9 A. Yes. It was a physical letter,
10 just a paper letter.
11 Q. That you received in the mail?
12 A. Uh-huh. Yes.
13 Q. And I'm going to ask you the
14 question I asked you about 15 minutes ago.
15 Was that a document that you gave to your
16 lawyers?
17 A. The letter from the bank, I
18 don't think I submitted to my attorneys.
19 Q. Do you still have it?
20 A. No, I don't -- I didn't retain
21 it, but it's on the record -- I mean, I'm
22 sorry, it's on the records of the bank.
23 Somewhere along the lines, they retain
24 records of letters that they send out to me.
25 So you may actually have it, quite possibly.
Deposition of John C. Martin
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 18 (54 - 57)
Def_Appx_0364
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 193 of 267
Exhibit 14
8/13/2024 M.S.
2:sa u;i @ n ct ® m •
ta SG,,1II13% 1
Yahoo Mail - You rec ...
You received a Direct Deposit
From seMCing@app.bluebirdcom
To
Oat~
Tutsday, Jun@ IS, 2021, 04:31 AM POT
Good News!
Hi, Paris Townsend,
Paris Townsend
You received a Direct Deposit from PRESTAMOSCOFI, and the money is now
available in your Bluebird'D Bank Account. Please keep this email for your records.
Transaction Details:
F,om
Amount
Date available
Transaction ID
Yahoo Mall - You 19Cei¥9d • Ould Oepmlt
PRESTAMOSCDFI
$20,012.00
6/1512021
Questions or want to learn more about Bluebird? Visit us at Blueblrd.comlfaqs.
Thanks,
The Bluebird Team
PloaNNN Thl• ..... -_,t..,_anodcalmn-a,lr..,.._INll...-..t_,.SICDmllll_,..
~Bank.-...1 ■■-clapmrlacDIIUl'll-•albyMal.a..•, NA,-FDIC
Cllf¥1llhl020211nComm . N.RlghbRaawd.M.........,■-lt>epn:,partrdit-~--
• • •
•
TOWNSEND000l 7
Def_Appx_0365
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 194 of 267
Exhibit 15
8/13/2024 M.S.
To
Jun 15 at 11 :22 AM
bluebird.com
,,> '
Bluebird
Hi, Paris Townsend,
I
.......
.
•
h'611t010
4COO ll
VISA
, .
.,,., ..
·s liownsend
Pan
During our recent review of your Bluebird® Bank
Account, we identified Account activity that we
believe violates the terms of the Bluebird Deposit
Account Agreement.
As a result of such activity, and pursuant to
Section 11 (b) of the Bluebird Deposit Account
Agreement, your Account and your Account
privileges have been permanently suspended.
If you have any questions or would like to inquire
further, you may write to us at the following
address:
Bluebird Customer Care
P.O. Box 826
Fortson. GA 31808
-m
h
•
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Move to
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0
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TOWN~ ND000 18
Def_Appx_0366
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 195 of 267
Exhibit 17
8/13/2024 M.S.
Escalation - lncomm Bluebird - Paris
*
Townshend
Josh Nowell
To
Jun 29 at 12:34 PM
~ 1 attachment
Hi Paris,
This is lncomm contacting you regarding your
Bluebird account that was locked on 6-15-21.
On 6-15-21, we received a direct deposit in the
amount of $20,012.00. Based on multiple
factors, we declined the load. The $20,012.00
was returned to Blue Acorn, the PPP loan
originator, and you will need to reach out to
the originator to obtain the funds through
different means. The deposit was returned on
6-15, and on the same day, a refund check
was issued for the remaining
on the
account. You will receive the refund check
soon, but the account cannot be reinstated.
If you have any further questions, our
Customer Service Teams are ready to assist
at 833-926-3922.
-m
h
•
•••
Delete
Move to
Forward
Reply
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Ill
T@WNSEND00027
Def_Appx_0367
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 196 of 267
16
8/13/2024 M.S.
Def_Appx_0368
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 197 of 267
Highly Confidential
HUNTING-00000013
EXHIBIT
11
Ahmadou 8/22/2024 D.H.
Def_Appx_0369
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 198 of 267
~tcfbank
'•~, (1 I ot
l hr,, Hont.nqton Ntit,onol 8o'lk
June 23, 2021
Kolawole Ayindamola Jr-Ahmadou
RE: Account
Dear customer
On 06/23/2021, TCF placed a hold on your account in the amount of$ 20,832.00. This ac~ion was
necessary because a transaction(s) made on 06/22/2021 was reported to us for the following reason:
The sender of a wire transfer or electronic funds transfer (ACH) credited to your account
reported the transaction as fraudulent
__ Remotely created checks have b~
deposited -to your account(s) in violation of TC F's
Terms and Conditions--for-ehecking and Savings Accounts
- -
------ __ One or more checks deposited to your account have been reported to us as fraudulent
__ The funds in your account are subject to a potential legal dispute
__ We anticipate receiving a government demand to return or seize the funds
__K_ Other: We anticipate receiving a request to return the funds to the originator
TCF may not honor items presented for payment from your account unless you have available funds in
your account.
Please notify TCF within 1 O days from the date of this notice if you have additional information we should
con~ider r~lat~d to this ~old. _Please be aware that we may contact you for additional information during
our 1nvestIgat1on. We will notify you when we are able to remove the hold or if we release the funds to
another party.
TCF reserves all of its rights, remedies, claims and defenses against you and all other parties.
TCF Bank
Fraud Protection Services
763-337-7777, option #1, option #4
EXHIBIT
12
Ahmadou 8/22/2024 D.H.
Def_Appx_0370
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 199 of 267
Exhibit 14
Dismissed Class Representative Chart
and Compilation
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 200 of 267
FORMER CLASS REPRESENTATIVES VOLUNTARILY DISMISSED
Name
Entry to Case1
Explanation of Voluntary Dismissal
Etuknwa, Enobong Marshall Third Am.
Compl.
Borrower had no records or firsthand knowledge that he executed Loan
Documents with Prestamos.2
Loyd, Katherine
Drevnak Compl.3
SBA sent Prestamos a letter on December 4, 2022 regarding Katherine Loyd
stating: “SBA has determined that the borrower was ineligible for the PPP loan.
. . . After a review of the documentation provided it has been determined that
the borrower has received more than one PPP loan. . . . SBA notes that the
borrower received multiple first draw PPP loans from different lenders. . . .
Based on the above stated reason(s), SBA has determined that forgiveness in the
amount of $0.00 is appropriate.”4
Drevnak, Georgina Drevnak Compl.
Bank records confirmed that Drevnak received and spent the PPP loan funds
disbursed by Prestamos.5
Ahmadou,
Kolawole
Marshall Am. Compl.
Bank records show that Ahmadou received his PPP loan funds, withdrew some
of them, had his account frozen by his bank, returned the withdrawn funds to his
bank, and then had his bank return the PPP funds to Prestamos.6
Grichar, Guy
Marshall Third Am.
Compl.
Bank records confirmed that Grichar received and spent the PPP loan funds
disbursed by Prestamos.7
Owsley, Leona
Marshall Am. Compl.
Plaintiff did not agree to a date for deposition.
Beattie, Ezra
Drevnak Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Dervin, Kiana
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Def_Appx_0371
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 201 of 267
Holland, Nancilee
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Innis, Dustin
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Pronsky, Daniel
Marshall Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Stalnaker, Kelly
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
1 Marshall Compl. (filed 10/21/2021); Marshall Am. Compl. (filed 01/14/2022); Drevnak Compl. (filed 07/20/2023); Marshall Third
Am. Compl. (filed 05/02/2024).
2 Accompanying Compilation at Def_Appx_0374-75 (E. Etuknwa Dep.) 61:9-63:6, 65:17-24.
3 Drevnak, et al. v. Prestamos CDFI, LLC, et al., 2:23-cv-02777-JMG (E.D. Pa.).
4 Accompanying Compilation at Def_Appx_0376 (Letter from SBA to Prestamos dated Dec. 4, 2022 re: SBA Loan Review Decision
for Katherine Loyd).
5 Id. at Def_Appx_0380 (G. Drevnak Dep. Ex. 8).
6 Id. at Def_Appx_0382 (Ahmadou Dep. Ex. 11).
7 Id. at Def_Appx_0385 (G. Grichar June 24, 2021 Bank Statement).
Def_Appx_0372
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 202 of 267
Deposition of Enobong Etuknwa
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 : CASE NO.
al., individually and : 5:21-ev-04337-JMG
4
on behalf of all :
others similarly :
5
situated, :
Plaintiffs :
6
:
vs. :
7
:
PRESTAMOS CDFI, LLC, :
8
Defendant :
9
* * *
10
FRIDAY, AUGUST 2, 2024
11
* * *
12
13
Oral deposition of ENOBONG ETUKNWA
14
taken remotely, commencing at 12:20 p.m.
15
before Debbie Leonard, Registered Diplomate
16
Reporter, Certified Realtime Reporter.
17
18
19
20
21
22
23
24
25
Def_Appx_0373
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 203 of 267
Page 61
1 the exhibits attached to the Third Amended
2 Complaint are the PPP -- it's a sample of a
3 PPP loan document from somebody else in this
4 case --
5 A. Okay.
6 Q. -- and I'm wondering -- can you
7 see that okay? I'm going to --
8 A. Yeah, I could see it.
9 Q. So this is a note from the
10 Small Business Administration for the PPP
11 loan. Did you ever see a note from the SBA?
12 A. I don't recall.
13 Q. Did you ever see anything like
14 this document?
15 A. I don't recall. No, I don't
16 recall.
17 Q. And what do you mean by you
18 don't recall?
19 MR. COHEN: Objection.
20 THE WITNESS: Meaning any
21 documents, if any -- I don't recall
22 seeing any documents.
23 BY MS. AGUIRRE:
24 Q. Okay. So you -- do these
25 payment terms look familiar?
Page 62
1 A. I don't -- I don't remember
2 seeing anything about payment terms.
3 Q. Okay. This would be the
4 signature page at the end of the PPP loan
5 application. Do you remember signing a PPP
6 loan application?
7 A. That's what I'm telling you. I
8 assume that my -- whatever that stuff was --
9 when Steve called me, he said, "Hey, we're
10 wrapping this up," whatever. "You need to
11 answer" -- that would be -- it would be your
12 authorization, is what I was told.
13 I can't remember exactly what
14 type of authorization. So I assumed that my
15 authorization -- my -- either my text input
16 or my verbal input, whatever, was my
17 authorization to sign. That's what I'm going
18 to assume.
19 Q. So you don't have firsthand
20 knowledge that Steve signed a PPP loan
21 application?
22 A. No, I don't have knowledge if
23 he signed. I'm assuming that he signed it.
24 Otherwise, I mean, this wouldn't all be
25 happening if he did not. So I'm going to
Page 63
1 assume that he signed on my behalf.
2 Q. But he never shared the
3 application with you?
4 A. No, never, never. Never.
5 Never ever, ever shared the documents with
6 me, no. I didn't know how any of this goes.
7 Q. Okay.
8 A. So let's start off with that.
9 I don't know how -- I didn't know how any of
10 that goes. I've never done a PPP loan
11 before, so I don't know how that goes.
12 That's the reason I hired him.
13 Q. When he told you that you were
14 denied, did he tell you it was Blueacorn that
15 denied you?
16 A. Yeah, he said that Blueacorn --
17 yeah, he said that Blue -- yeah, he said
18 that -- I don't know if he said Blueacorn
19 denied -- he said that when he spoke to
20 somebody at Blueacorn or -- like I said, it
21 was e-mail or a text. I just remember him
22 saying that that organization said I was
23 denied.
24 Q. Do you remember whether he said
25 Prestamos denied you as well?
Page 64
1 A. I don't remember him verbally
2 telling me Prestamos, in all honesty. I
3 remember him saying the words "Blueacorn,"
4 and then the other word was "they." That's
5 what I was told. The other word was "they."
6 I do remember the "they." They denied.
7 Q. I believe the last question
8 was, do you remember the denial coming from
9 Prestamos?
10 A. I don't recall -- I don't
11 remember. I just remember "they." Blueacorn
12 was the name tossed in there. "They" was
13 another term. He used, "They denied you."
14 Because, like I said, I was
15 bugging them. I just wanted to know why.
16 What was going on. Why. Why did they deny
17 you? I don't know. They just denied you.
18 Q. But do you have any firsthand
19 knowledge about Steve signing a note for the
20 loan?
21 A. No, no, because I didn't know
22 how that goes, you know. I did, like I told
23 you in the beginning -- I don't -- I can't
24 lie to you and tell you -- I'm not going to
25 lie to you and tell you how the conversation
Deposition of Enobong Etuknwa
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 19 (61 - 64)
Def_Appx_0374
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 204 of 267
Page 65
1 went. I do recall something about us
2 agreeing for him to sign the documents, any
3 documents that I need, he'll take care of it,
4 he'll handle it. And I thought that was
5 appropriate. What I believed was
6 appropriate.
7 So I mean, was it? Was it not?
8 I thought that that was appropriate, you
9 know. I mean, like I said, I have no
10 knowledge about how the PPP loan process is
11 supposed to go, so I just went with word of
12 mouth from my godmother that this guy would
13 help because he takes care of other
14 people's -- he's taken care of other people's
15 PPP loans and he's taken care of people's
16 taxes.
17 Q. So to this day, do you have a
18 copy of the forms that Steve supposedly
19 submitted on your behalf?
20 A. I don't have any of that.
21 Q. And you never saw any of those
22 documents?
23 A. Never saw any of those
24 documents.
25 Q. Okay. Give me one second here.
Page 66
1 We're going to go back to the Third Amended
2 Complaint, Exhibit 2. Can you see that okay?
3 So I'll zoom in on -- or
4 highlight, rather, paragraph 352 of the Third
5 Amended Complaint. Do you see where I've
6 highlighted?
7 A. Uh-huh. 352.
8 Q. Yes. Here -- I'll zoom in.
9 A. Yes, ma'am.
10 Q. Here it says, "In May 2021, the
11 SBA approved Etuknwa's PPP loan application
12 and assigned it an SBA loan
13 number
"
14 Do you have any firsthand
15 knowledge about SBA approving your loan
16 application?
17 A. You want me to get into how I
18 found out about it and then -- or do you -- I
19 don't understand the question. Are you
20 asking me did I have any knowledge at the
21 time when Steve was telling me I got denied
22 that I was approved?
23 Q. I'll -- I'll rephrase the --
24 A. Because I didn't have any
25 knowledge -- so let's be clear. I didn't
Page 67
1 have any knowledge at the time that I was
2 denied, that I was told I was denied, that I
3 was approved by the SBA. I had no knowledge
4 of that. No, ma'am.
5 Q. Okay. And what about after?
6 How did you find out -- how do you know the
7 SBA approved your loan application?
8 A. Great question. During my --
9 me and my wife's separation, right before the
10 divorce, I was dating another woman. We
11 broke up. She became almost stalker-ish.
12 And she called me one day. She told me,
13 "Hey, you know, congratulations. I'm just --
14 I don't want no trouble. I'm just telling
15 you congratulations." Yada, yada, yada. "I
16 saw you got a PPP loan."
17 So I'm, like -- excuse my
18 language. I'm just telling you what I said.
19 "Fuck are you talking about?"
20 And so I kind of ignored it
21 because I didn't know where that was coming
22 from. And so it was definitely on my radar
23 because I was, like, where the hell did she
24 get that from? I thought she was just making
25 something up to just have conversation with
Page 68
1 me.
2 So going forward, I went to
3 court -- during the divorce proceedings with
4 my ex-wife, we go to court and her lawyer
5 says -- she pulls up the documents showing
6 that I've been approved for a PPP loan, and
7 she says the amount, around 20,000.
8 And me and my lawyer -- I'm
9 telling him the business is not making money
10 like that right now. We're telling the
11 judge -- me and my lawyer, we're telling the
12 judge this.
13 The lady is adamant that I
14 received a PPP loan. And then says, "You're
15 hiding the money. Judge, Your Honor, he's
16 hiding the money." The judge thinks I'm
17 lying. I don't know where he's getting this
18 from.
19 I mean, feel free, it's
20 probably in the record. I'm pretty sure you
21 guys can go look up what happened.
22 I don't know where they're
23 getting this from. I'm, like, what the hell
24 are they talking about? "He's got approved
25 for a PPP loan. He has a PPP loan. It shows
Deposition of Enobong Etuknwa
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 20 (65 - 68)
Def_Appx_0375
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 205 of 267
Def_Appx_0376
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 206 of 267
Def_Appx_0377
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 207 of 267
HIGHLY CONFIDENTIAL
DREVNAK000004
Def_Appx_0378
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 208 of 267
HIGHLY CONFIDENTIAL
DREVNAK000005
Def_Appx_0379
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 209 of 267
HIGHLY CONFIDENTIAL
DREVNAK00000G
Def_Appx_0380
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 210 of 267
DREVNAK000007
HIGHLY CONFIDENTIAL
Def_Appx_0381
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 211 of 267
Highly Confidential
HUNTING-00000013
EXHIBIT
11
Ahmadou 8/22/2024 D.H.
Def_Appx_0382
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 212 of 267
Thank you for banking with TCF National Bank
Highly Confidential
HUNTING-00000014
Def_Appx_0383
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 213 of 267
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 withdrawals, 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
1. 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 all of your outstanding checks and deposits.
4. Make sure you have recorded all electronic transfers, automatic deposits or withdrawals, 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 ATM and everyday debit card transactions. This choice does not apply to recurring debit card transactions or transactions you make
using debit cards not issued by TCF. You can select or change this option by calling TCF Customer Service at 1-866-823-4472, or for hearing impaired (TTY) 1-800-343-
6145. TCF charges a $37 fee for paying your overdrafts. TCF does not charge a fee for declining ATM and everyday debit card transactions. We can change these fees
at any time. For more information, call us at the number above, or see your account disclosures and the notice called What You Need to Know about Overdrafts and
Overdraft Fees. You can get this at tcfbank.com or at any TCF branch.
In 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 can. 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 account number; 2)
the dollar amount of the 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 will investigate 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 have 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 electronic 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 the previous paragraph for us to investigate the suspected error. We will correct any
error promptly. If TCF does not hear from you within the 30 day period, we are released from all liability for the transactions unless otherwise stated in your Account
Contract.
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 calling 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. Call 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 choose the delivery method for your checking account statements. If you enroll for online statements, you will not
receive paper statements. If you do not enroll for on line statements, you will 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, Minneapolis, MN 55440-0190
©2001-2020 TCF National Bank. Member FDIC. tcfbank.com. XO66. (REV 03/27/20)
Highly Confidential
HUNTING-00000015
Def_Appx_0384
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 214 of 267
Def_Appx_0385
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 215 of 267
Exhibit 15
Plaintiff Eligibility Chart and Document
Certification Compilation
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 216 of 267
PLAINTIFF ELIGIBILITY DOCUMENTS CHART
Plaintiff
Federal Tax Return
Bank Statements
Certification
Bradley Smith, Sharon
Signed June 26, 20241
Henderson, Kristina
None
Signed July 1, 20242
Horne, Jahbrael
None
None
Signed June 13, 20243
Johnson, Alyshia
Signed June 10, 20244
Jones, Jamie
None
Signed June 26, 20245
Lloyd, Gregory
None
Signed June 26, 20246
Marshall, Alicia
Signed July 1, 20247
Def_Appx_0386
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 217 of 267
Martin, John
Signed June 27, 20248
Marvel, Lametria
None
Signed June 10, 20249
Townsend, Paris
None
None
Signed June 26, 202410
1 Accompanying Compilation at Def_Appx_0388.
2 Id. at Def_Appx_0389.
3 Id. at Def_Appx_0390.
4 Id. at Def_Appx_0391.
5 Id. at Def_Appx_0392.
6 Id. at Def_Appx_0393.
7 Id. at Def_Appx_0394.
8 Id. at Def_Appx_0395.
9 Id. at Def_Appx_0396.
10 Id. at Def_Appx_0397.
Def_Appx_0387
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 218 of 267
Def_Appx_0388
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 219 of 267
Def_Appx_0389
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 220 of 267
Highly Confidential Pursuant to The Court’s
Jan. 18, 2022 Order Approving the Parties’
Stipulated Protective Order
CERTIFICATION
I certify that following a diligent search, I possess no responsive federal tax returns for
the years 2019, 2020 and 2021 that are within my care, custody or control.
I also certify that following a diligent search, I have obtained and produced to my
attorneys certain bank account statements within my present possession, custody or control and
that they show that Prestamos never funded my PPP loan. In addition, I also understand that
Prestamos has already issued a subpoena to the bank also seeking my bank statements and I have
not objected to or otherwise opposed Prestamos’s subpoena for those records.
Dated: June 13, 2024
__________________________________.
Jahbrael Horne
S)
17
//
Def_Appx_0390
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 221 of 267
Def_Appx_0391
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 222 of 267
Def_Appx_0392
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 223 of 267
Def_Appx_0393
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 224 of 267
Highly Confidential Pursuant to The Court’s
Jan. 18, 2022 Order Approving the Parties’
Stipulated Protective Order
CERTIFICATION
I certify that following a diligent search, I have obtained and produced to my attorneys
certain bank account statements within my present possession, custody or control and that they
show that Prestamos never funded my PPP loan. In addition, I also understand that Prestamos has
already issued a subpoena to the bank also seeking my bank statements and I have not objected
to or otherwise opposed Prestamos’s subpoena for those records.
Dated: July 1, 2024
__________________________________.
Alicia Marshall
Def_Appx_0394
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 225 of 267
Highly Confidential Pursuant to The Court’s
Jan. 18, 2022 Order Approving the Parties’
Stipulated Protective Order
CERTIFICATION
I certify that following a diligent search, I possess no responsive federal tax returns for
the year 2021 that are within my care, custody or control.
I also certify that following a diligent search, I have obtained and produced to my
attorneys certain bank account statements within my present possession, custody or control and
that they show that Prestamos never funded my PPP loan. In addition, I also understand that
Prestamos has already issued a subpoena to the bank also seeking my bank statements and I have
not objected to or otherwise opposed Prestamos’s subpoena for those records.
Dated: June 27, 2024
__________________________________.
John Martin
Def_Appx_0395
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 226 of 267
Highly Confidential Pursuant to The Court’s
Jan. 18, 2022 Order Approving the Parties’
Stipulated Protective Order
CERTIFICATION
I certify that following a diligent search, I possess no responsive federal tax returns for
the years 2019, 2020 and 2021 that are within my care, custody or control.
I also certify that following a diligent search, I have been unable to date to obtain my
bank account statements for the years 2019-2021 although with additional time I may be able to
retrieve them. I also understand that Prestamos has already issued a subpoena to the bank also
seeking my bank statements and I have not objected to or otherwise opposed Prestamos’s
subpoena for those records.
Dated: June 10, 2024
Lametria Marvel
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 227 of 267
Def_Appx_0397
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 228 of 267
Exhibit 16
Blueacorn Enhanced Due Diligence
Guidelines
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 229 of 267
Def_Appx_0398
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 230 of 267
Def_Appx_0399
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 231 of 267
Def_Appx_0400
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 232 of 267
Def_Appx_0401
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 233 of 267
Def_Appx_0402
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 234 of 267
Def_Appx_0403
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 235 of 267
Def_Appx_0404
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 236 of 267
Def_Appx_0405
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 237 of 267
Def_Appx_0406
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 238 of 267
Def_Appx_0407
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 239 of 267
Def_Appx_0408
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 240 of 267
Def_Appx_0409
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 241 of 267
Def_Appx_0410
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Def_Appx_0411
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Def_Appx_0412
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 244 of 267
Def_Appx_0413
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 245 of 267
Def_Appx_0414
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 246 of 267
Def_Appx_0415
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 247 of 267
Def_Appx_0416
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 248 of 267
Def_Appx_0417
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 249 of 267
Def_Appx_0418
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 250 of 267
Def_Appx_0419
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 251 of 267
Def_Appx_0420
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 252 of 267
Def_Appx_0421
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 253 of 267
Def_Appx_0422
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 254 of 267
Def_Appx_0423
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 255 of 267
Def_Appx_0424
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 256 of 267
Def_Appx_0425
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 257 of 267
Def_Appx_0426
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 258 of 267
Def_Appx_0427
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 259 of 267
Def_Appx_0428
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 260 of 267
Def_Appx_0429
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 261 of 267
Exhibit 17
J. Martinez Deposition Transcript Excerpts
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 262 of 267
1
IN THE UNITED STATED DISTRICT COURT
2
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
3
- - -
4
ALICIA MARSHALL, et al.,
:
Plaintiffs,
:
5
-vs.-
:
PRESTAMOS CDFI, LLC,
: Civil Action No:
6
Defendant.
: 5:21-cv-04337-JMG
7
- - -
8
Wednesday, April 9, 2025
9
- - -
10
Remote videoconference Zoom oral
11
deposition of JOSE MARTINEZ, taken pursuant to notice,
12
was held at the location of the witness, Herrera
13
Arellano, LLP, 1001 North Central Avenue, Suite 404,
14
Phoenix, Arizona, at 12:00 p.m., eastern time, on the
15
above date, before Lisa DePascale, a Court Reporter
16
and Notary Public of the Commonwealth of Pennsylvania.
17
18
19
20
21
22
23
24
Job No. MDLG7298102
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Def_Appx_0430
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 263 of 267
1
APPEARANCES:
2
BAILEY & GLASSER, LLP
BY: MICHAEL L. MURPHY, ESQUIRE
3
(Via Zoom Videoconference)
1055 Thomas Jefferson St. NW
4
Suite 540
Washington, DC 20007
5
212.463.2101
mmurphy@baileyglasser.com
6
Representing Plaintiffs and the Proposed Class
7
BAILEY & GLASSER, LLP
8
BY: LAWRENCE J. LEDERER, ESQUIRE
(Via Zoom Videoconference)
9
1622 Locust Street
Philadelphia, Pennsylvania 19103
10
215.274.9420
llederer@baileyglasser.com
11
Representing Plaintiffs and the Proposed Class
12
HERRERA ARELLANO, LLP
13
BY: DANIEL ARELLANO, ESQUIRE
BEATRIZ AGUIRRE, ESQUIRE
14
(Via Zoom Videoconference)
1001 North Central Avenue
15
Suite 404
Phoenix, Arizona 85004
16
602.567.4820
daniel@ha-firm.com
17
beatriz@ha-firm.com
Representing Defendant
18
19
20
21
22
23
24
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Def_Appx_0431
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 264 of 267
1
BALLARD SPAHR, LLP
BY: EDWARD D. ROGERS, ESQUIRE
2
MARCEL S. PRATT, ESQUIRE
THOMAS J. GALLAGHER, IV, ESQUIRE
3
(Via Zoom Videoconference)
1735 Market Street
4
51st Floor
Philadelphia, Pennsylvania 19103-7599
5
215.665.8500
rogerse@ballardspahr.com
6
prattm@ballardspahr.com
gallaghert@ballardspahr.com
7
Representing Defendant
8
9
ALSO PRESENT: MARCOS A. TAPIA,ESQUIRE
In-house counsel,
10
CHICANOS POR LA CAUSA, INC.
11
GABRIEL DO SANTOS, Exhibit Tech
BAILEY & GLASSER, LLP
12
13
14
15
16
17
18
19
20
21
22
23
24
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Def_Appx_0432
Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 265 of 267
1
the 1502 here, right, just pluck a line.
2
Hypothetically, the ACH instructions
3
were sent. You guys sent it to the bank, your bank.
4
They initiated an ACH and it bounced back, came back.
5
You guys then tried to get a prepaid debit card to
6
that person and that failed. In such an instance what
7
would happen?
8
A. Well, that's not accurate. Those instances
9
didn't happen. What did happen is that we would
10
issue -- we would send ACH instructions to deposit
11
funds to a borrower's account. If that was then
12
rejected, we would reconcile those records. We would
13
look to see why we were getting these rejections. By
14
and large, banks were rejecting for any number of
15
reasons, and it wasn't clear. A significant reason
16
was that the bank, whether they put in the code or
17
not, but they had some reason to believe that this
18
individual was not eligible.
19
It was our understanding that is the
20
banks have more information about their clients than
21
we did. We did not immediately move to prepaid cards,
22
we went to an enhanced diligence process, whereby now
23
based on new information that the banks have provided
24
us, that they were rejecting the deposits, we were
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Case 5:21-cv-04337-JMG Document 157-4 Filed 05/07/25 Page 266 of 267
1
concerned, and concerned with compliance of the
2
program, concerned with eligibility, we then moved
3
forward with an enhanced diligence process.
4
Q. Okay. Were there ever instances where you
5
overrode the banks determination about eligibility?
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MR. ARELLANO: Object to form.
7
THE WITNESS: I'm not aware of banks
8
determining eligibility.
9
BY MR. MURPHY:
10
Q. Okay.
11
A. That was never done.
12
Q. Well, okay. Fair enough.
13
Let me ask you this, your job, was
14
Blueacorn involved in that process of determining
15
eligibility?
16
A. They were part of the process, yes.
17
Q. Okay. What was their part in the process?
18
A. Are we speaking to the --
19
Q. Determining eligibility process.
20
A. At what point in the process are you asking
21
about?
22
Q. Well, our hypothetical is it got bounced back,
23
right. You said it was flagged for some reason. And
24
then you went through, you said you went through a due
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