Court filing

Plea Agreement — United States v. Cross (Dkt. 199, D. Neb.)

Summary

A plea agreement in United States v. Tamika R. Cross, 8:21CR253, in the U.S. District Court for the District of Nebraska, filed June 15, 2023 as Doc # 199. Cross agrees to plead guilty to Count I of the Superseding Indictment, a violation of Title 18, United States Code, Section 1349. The factual basis describes Paycheck Protection Program and EIDL rules and states that Cross helped prepare false documents for loan applications, including a Schedule C claiming gross receipts of $360,000. The parties agree that she should be held responsible for a total intended loss of more than $1,500,000 but less than $3,500,000, and the agreement runs 10 pages.

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

Filed June 15, 2023 in Tamikar. Cross; one of 3 filings from this case.

Record facts

Court	U.S. District Court for the District of Nebraska
Filed	2023-06-15

Cite this document

“Plea Agreement — United States v. Cross (Dkt. 199, D. Neb.).” U.S. District Court for the District of Nebraska, No. 8:21-cr-00253, Doc. 199, filed 2023-06-15. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-ronnie-e-cross-ned-93146/2023-06-15-gov-uscourts-ned-93146-199-0-doc-199/, SHA-256 90ea05571a1a2407ed24930e6659691a99de38aa5a71ab6e70d0fcd97bb3a125.

Full text

8:21-cr-00253-RFR-SMB Doc # 199 Filed: 06/15/23 Page 1 of 10 - Page ID # 615

FILED
U.S. DISTF\CT COURT
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1

IN THE UNITED STATES DISTRJCT COURT 2023 JUN 15 PM 2: 04
FOR THE DISTRJCT OF NEBRASKA

UNITED STATES OF AMERJCA,

Plaintiff,
8:21CR253
vs.
PLEA AGREEMENT
TAMIKAR. CROSS,

Defendant.

IT IS HEREBY AGREED between the plaintiff, United States of America, through its
counsel, Steven A. Russell, United States Attorney, and John E. Higgins, Assistant United States
Attorney, and defendant, Tamika R. Cross, and Michael J. Hansen, counsel for defendant, as
follows:
I
THE PLEA
A. CHARGE(S) & FORFEITURE ALLEGATION(S).
Defendant agrees to plead guilty to Count I of the Superseding Indictment. Count I
charges a violation of Title 18, United States Code, Section 1349. Defendant further admits
forfeiture allegation(s) 2(a), 2(b) and 2(d) as set forth in the Superseding Indictment. The parties
agree the identified property to be forfeited is $887.64 seized from account number xxxx1981 at
Access Bank and $170.24 seized from account number xxxxl 114 at Access Bank. Defendant
further agrees to entry of a judgment against her in the dollar amount of Paycheck Protection
Loans and Economic Injury Disaster Loans and grants obtained during 2020 and 2021 on behalf
of Defendant and/or on behalf of businesses purportedly owned by her.
B. In exchange for the defendant's plea of guilty as indicated above, the United States
agrees as follows:
1. The United States will, at the time of sentencing, move to dismiss the original
Indictment, Counts II, V, X, XI, and XIII and XVI of the Superseding Indictment and the
remaining Forfeiture Allegation(s) of the Superseding Indictment.
2. The United States agrees that the defendant will not be federally prosecuted in the
District of Nebraska for offenses related to government program fraud or money laundering as

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disclosed by the discovery material delivered to the defendant's attorney as of the date this
agreement is signed by all parties, other than as set forth in paragraph A, above. This agreement
not to prosecute the defendant for specific crimes does not prevent any prosecuting authority
from prosecuting the defendant for any tax offense or any other crime, or for any crime involving
physical injury or death.
II
NATURE OF THE OFFENSE
A. ELEMENTS EXPLAINED.
Defendant understands that the offense to which defendant is pleading guilty has the
following elements:
Count I
1. Two or more people reached an agreement to commit the crime of wire fraud;
2. the defendant voluntarily and intentionally joined in the agreement, either at the
time it was first reached or at some later time while it was still in effect; and
3. at the time the defendant joined in the agreement, the defendant knew the purpose
of the agreement.
B. ELEMENTS UNDERSTOOD AND ADMITTED - FACTUAL BASIS.
Defendant has fully discussed the facts of this case with defense counsel. Defendant has
committed each of the elements of the crime, and admits that there is a factual basis for this
guilty plea. The following facts are true and undisputed.
Starting in 2020, the Small Business Administration (SBA) guaranteed Paycheck
Protection Program (PPP) loans to small businesses. To obtain a loan, the representative of the
applicant business had to certify that the business was in operation as of February 15, 2020, that
it had a certain number of employees as of the date of the application, that it had a specified
average monthly payroll, and that it would use the funds for payroll and other specified business
purposes. The amount of the PPP loan depended on the business's average monthly payroll. A
business was eligible for a loan equal to 2 ½ times its monthly payroll. The greater the
business's average monthly payroll, therefore, the larger the loan the business could obtain,
subject to a cap. Financial institutions and other private lenders received and processed
applications, forwarded information to the SBA so the funds could be earmarked, and funded the
PPP loans with their own money.

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Individuals could also apply for loans under the Economic Injury Disaster Loan ("EIDL")
program. EIDL proceeds could be used only for working capital to pay expenditures necessary
to alleviate the specific economic injury the small business suffered due to COVID-19. EIDL
funds were issued directly from the United States Treasury, and an applicant applied through the
SBA via an online portal. Applicants for EIDL loans certified information concerning the
business and the business owner, including the business's gross revenue and cost of goods sold
for the 12-month period preceding the disaster, which, for COVID-19, was defined as January
31, 2020. In 2020, a business was eligible for a loan equal to ½ of gross profit. Starting in April
2021, a business was eligible for a loan equal to twice gross profit. Overstating a business's
purported gross revenue or understating its cost of goods sold, therefore, increased the dollar
amount of a loan the business could obtain, subject to a cap
Starting in 2020, Tamika Cross provided direction and guidance to others concerning
successfully applying for PPP and EIDL loans, creating the appearance of an ongoing business,
creating phony supporting documents, and obtaining a bigger loan by inflating the amount the
businesses paid in past compensation or had received in revenue.
During 2020 and 2021, Defendant submitted or caused to be submitted applications for
PPP and EIDL loans on behalf of herself as a sole proprietor and on behalf of her purported
businesses, Cross Montessori Angels, LLC (CMA); A Church Without Walls, LLC (CW A); and
Nebraska Montessori Project. She obtained funding for several PPP loans and an EIDL grant. In
the loan applications, Defendant misrepresented and caused to be misrepresented the average
monthly payroll that her purported businesses paid, the net revenue from her purported
businesses, and/or the gross income Defendant received as a sole proprietor. For example, in an
April 2020 application for a $20,832 PPP loan that was funded by a lender, Defendant certified
that CMA had ten employees and that its average monthly payroll was $8,333. Defendant in fact
did not have employees and had no payroll. In a February 2021 application for a $43,125 PPP
loan that was funded by a lender, Defendant certified that CWW had two employees and that its
average monthly payroll was $17,250. CWW in fact did not have employees and had no payroll.
Defendant submitted and caused to be submitted fraudulent documents in support of PPP
loan applications, including:
• a false bank statement in the name of Defendant for the month of February 2020,
which did not match the activity reported on the genuine bank statement;

8:21-cr-00253-RFR-SMB Doc # 199 Filed: 06/15/23 Page 4 of 10 - Page ID # 618

• false Form 941 tax forms, claiming that CWW paid $45,000 in wages during
each quarter of2019; and
• a false and fraudulent purported IRS Form Schedule C (Profit or Loss From
Business) for the year 2019 claiming that CMA had gross receipts of $360,000.
Defendant also assisted with preparing PPP and EIDL applications on behalf of more
than ten other persons. The applications substantially inflated the compensation paid by the
businesses and the gross revenues earned by the businesses. Defendant also prepared fraudulent
documents for submission in support of loan applications, such as false tax documents.
In 2020 and 2021, Defendant submitted, and assisted others in submitting, applications
for PPP and EIDL loans and advances. The applications contained material misrepresentations
and were supported by false documents. Defendant and her confederates obtained approximately
$903,238 in loans and advances. In order to avoid double counting for multiple PPP and EIDL
applications submitted to the same lender, on behalf of the same named entity, during the same
eligibility year, Defendant should be held responsible for a total intended loss of more than
$1,500,000 but less than $3,500,000.
On or about September 29, 2021, agents seized $887.64 from account number xxxx1981
at Access Bank, and $170.24 from account number xxxxl 114 at Access Bank. Those were the
remaining funds in both accounts from proceeds obtained fraudulently in the manner described
above.
III
PENALTIES
A. Defendant understands that the crime to which Defendant is pleading guilty carries the
following penalties:
COUNT!
1. A maximum twenty years in prison;
2. A maximum $250,000 fine;
3. A mandatory special assessment of $100 per count; and
4. A term of supervised release of not more than 3 years. Defendant understands
that failure to comply with any of the conditions of supervised release may result
in revocation of supervised release, requiring defendant to serve in prison all or
part of the term of supervised release.

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5. Possible ineligibility for certain Federal benefits.
IV
AGREEMENT LIMITED TO U.S. ATTORNEY'S OFFICE
DISTRICT OF NEBRASKA

This plea agreement is limited to the United States Attorney's Office for the District of
Nebraska, and cannot bind any other federal, state or local prosecuting, administrative, or
regulatory authorities.
V
SENTENCING ISSUES
A. SENTENCING AGREEMENTS.
Although the parties understand that the Guidelines are advisory and only one of the
factors the court will consider under 18 U.S.C. § 3553(a) in imposing a sentence, the parties will
jointly recommend the following Base Offense Level, Specific Offense Characteristics,
Adjustments and Departures (if applicable). Unless otherwise stated, all agreements as to
sentencing issues are made pursuant to Federal Rule of Criminal Procedure 1 l(c)(l)(B).
1. The parties agree that Defendant's Base Offense Level as to Count I is seven, pursuant to
USSG § 2Bl.l(a)(l).
2. The parties agree that Defendant should receive a sixteen-offense level increase as to
Count I for the reason the offense involved an intended loss of more than more than
$1,500,000 but less than $3,500,000, pursuant to USSG § 2B 1.1 (b )(1 )(G).
3. The parties have no agreement concerning whether Defendant's offense level as to Count
I should be increased or decreased based on her role, pursuant to U.S.S.G. §§ 3Bl.1 and
3Bl.2.
4. If the defendant is found to be entitled to an offense level reduction under U.S.S.G.
3El. l(a) for acceptance ofresponsibility, the United States hereby moves that the court
reduce the defendant's offense level by one additional level, pursuant to U.S.S.G. §
3E 1.1 (b ), if that paragraph otherwise applies.
5. The Defendant acknowledges restitution will be ordered as a part of the sentence in this
case, and the Defendant agrees the Court may order restitution to all persons or
organizations for loss or harm directly and proximately caused by the Defendant's

8:21-cr-00253-RFR-SMB Doc # 199 Filed: 06/15/23 Page 6 of 10 - Page ID # 620

relevant conduct regardless of whether that person or organization is a victim of the
offense of conviction.
6. The Defendant understands that a schedule of payments is merely a minimum schedule of
payments and not the only method, nor a limitation on methods, available to the United
States to enforce the judgment. If incarcerated, the Defendant agrees to participate in the
Bureau of Prisons Inmate Financial Responsibility Program, regardless whether the Court
specifically directs participation or imposes a payment schedule. Pursuant to 18 U.S.C. §
3613, whatever monetary penalties are imposed by the Court will be due immediately and
subject to immediate enforcement by the United States as provided for in Section 3613.
The Defendant agrees to provide all of Defendant's financial information to the United
States and the Probation Officer, and agrees, if requested, to participate in a pre-
sentencing debtor exam.
B. ACCEPTANCE OF RESPONSIBILITY.
Notwithstanding paragraph A above, the United States will not recommend any
adjustment for Acceptance of Responsibility if defendant:
1. Fails to admit a complete factual basis for the guilty plea at the time it is
entered, or
2. Denies involvement in the offense, gives conflicting statements about
that involvement, or is untruthful with the court or probation officer, or
3. Fails to appear in court, or
4. Engages in additional criminal conduct, or
5. Attempts to withdraw the guilty plea, or
6. Refuses to abide by any lawful court order, or
7. Contests or assists any third party in contesting the forfeiture of
property(ies)seized or forfeited in connection with this case.

The parties further agree the defendant will make no "blanket" objections to the criminal
history calculation (specific objections based on stated grounds are permitted). Objections to
criminal history on the basis that the defendant was not the person who was convicted of the
offense(s) described in the presentence investigation report or on the basis that the defendant was
not represented by counsel in connection with such conviction(s), if determined to be unfounded,
are evidence the defendant has not accepted responsibility and the parties agree no credit for
acceptance of responsibility should be given.

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C. ADJUSTMENTS, DEPARTURES & REDUCTIONS UNDER 18 U.S.C. § 3553.
The parties agree that defendant may request or recommend additional downward
adjustments, departures, including criminal history departures under U.S.S.G. § 4Al.3, and
sentence reductions under 18 U.S.C. § 3553(a), and that the United States will oppose any such
downward adjustments, departures, and sentence reductions not set forth in Section V, paragraph
A above.
D. CRIMINAL HISTORY.
The parties have no agreement concerning the defendant's Criminal History Category,
except that if defendant is determined to be a Career Offender, the parties agree that the
defendant is automatically a Criminal History Category VI pursuant to U.S.S.G. § 4B 1.1 (b ).
E. "FACTUAL BASIS" AND "RELEVANT CONDUCT" INFORMATION.
The parties agree that the facts in the "factual basis" paragraph of this agreement, if any,
are true, and may be considered as "relevant conduct" under U.S.S.G. § lB 1.3 and as the nature
and circumstances of the offense under 18 U.S.C. § 3553(a)(l).
The parties agree that all information known by the office of United States Pretrial
Service may be used by the Probation Office in submitting its presentence report, and may be
disclosed to the court for purposes of sentencing.
VI
DEFENDANT WAIVES APPEAL AND COLLATERAL ATTACK
The defendant hereby knowingly and expressly waives any and all rights to appeal the
defendant's conviction and sentence, including any restitution order in this case, and including a
waiver of all motions, defenses, and objections which the defendant could assert to the charges
or to the Court's entry of Judgment against the defendant, and including review pursuant to 18
U.S.C. § 3742 of any sentence imposed, except:
(a) As provided in Section I above, (if this is a conditional guilty plea); and
(b) A claim of ineffective assistance of counsel.
The defendant further knowingly and expressly waives any and all rights to contest the
defendant's conviction and sentence in any post-conviction proceedings, including any
proceedings under 28 U.S.C. § 2255, except:

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(a) The right to timely challenge the defendant's conviction and the sentence of the Court
should the Eighth Circuit Court of Appeals or the United States Supreme Court later find that the
charge to which the defendant is agreeing to plead guilty fails to state a crime.
(b) The right to seek post-conviction relief based on ineffective assistance of counsel.
If defendant breaches this plea agreement, at any time, in any way, including, but not
limited to, appealing or collaterally attacking the conviction or sentence, the United States may
prosecute defendant for any counts, including those with mandatory minimum sentences,
dismissed or not charged pursuant to this plea agreement. Additionally, the United States may
use any factual admissions made by defendant pursuant to this plea agreement in any such
prosecution.
VII
BREACH OF AGREEMENT
Should it be concluded by the United States that the defendant has committed a crime
subsequent to signing the plea agreement, or otherwise violated this plea agreement, the
defendant shall then be subject to prosecution for any federal, state, or local crime(s) which this
agreement otherwise anticipated would be dismissed or not prosecuted. Any such prosecution(s)
may be premised upon any information, statement, or testimony provided by the defendant.
In the event the defendant commits a crime or otherwise violates any term or condition of
this plea agreement, the defendant shall not, because of such violation of this agreement, be
allowed to withdraw the defendant's plea of guilty, and the United States will be relieved of any
obligation it otherwise has under this agreement, and may withdraw any motions for dismissal of
charges or for sentence relief it had already filed.
VIII
SCOPE OF AGREEMENT
A. This plea agreement embodies the entire agreement between the parties and
supersedes any other agreement, written or oral.
B. By signing this agreement, the defendant agrees that the time between the date the
defendant signs this agreement and the date of the guilty plea will be excluded under the Speedy
Trial Act. The defendant stipulates that such period of delay is necessary in order for the
defendant to have opportunity to enter the anticipated plea of guilty, and that the ends of justice

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served by such period of delay outweigh the best interest of the defendant and the public in a
speedy trial.
C. The United States may use against the defendant any disclosure(s) the defendant has
made pursuant to this agreement in any civil proceeding. Nothing contained in this agreement
shall in any manner limit the defendant's civil liability which may otherwise be found to exist, or
in any manner limit or prevent the United States from pursuing any applicable civil remedy,
including but not limited to remedies regarding asset forfeiture and/or taxation.
D. Pursuant to 18 U.S.C. § 3013, the defendant will pay to the Clerk of the District Court
the mandatory special assessment of $100 for each felony count to which the defendant pleads
guilty. The defendant will make this payment at or before the time of sentencing.
E. By signing this agreement, the defendant waives the right to withdraw the defendant's
plea of guilty pursuant to Federal Rule of Criminal Procedure 11 (d). The defendant may only
withdraw the guilty plea in the event the court rejects the plea agreement pursuant to Federal
Rule of Criminal Procedure 1 l(c)(5). Furthermore, defendant understands that if the court
rejects the plea agreement, whether or not defendant withdraws the guilty plea, the United States
is relieved of any obligation it had under the agreement and defendant shall be subject to
prosecution for any federal, state, or local crime(s) which this agreement otherwise anticipated
would be dismissed or not prosecuted.
F. This agreement may be withdrawn by the United States at any time prior to its being
signed by all parties.
IX
MODIFICATION OF AGREEMENT MUST BE IN WRJTING
No promises, agreements or conditions have been entered into other than those set forth
in this agreement, and none will be entered into unless in writing and signed by all parties.

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X
DEFENDANT AND COUNSEL FULLY UNDERSTAND AGREEMENT
By signing this agreement, defendant certifies that defendant read it (or that it has been
read to defendant in defendant's native language). Defendant has discussed the terms of this
agreement with defense counsel and fully understands its meaning and effect.

UNITED STATES OF AMERICA
STEVEN A. RUSSELL
United States Attorney

~~
ASSISTANT U.S. ATTORNEY

Date
04/19/2023 ~0~
Tamika R. Cross
DEFENDANT

04/19/2023
Date Michael J. Hansen
COUNSEL FOR DEFENDANT

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