Pandemic Darlings The pandemic economy, in original documents
Home Court filings Shibley United States v. Eric Shibley — W.D. Wash., No. CR20-0174-JCC Motion — United States v. Shibley (Dkt. 108-2, W.D. Wash. No. 2:20-cr-00174)

Court filing

Motion — United States v. Shibley (Dkt. 108-2, W.D. Wash. No. 2:20-cr-00174)

Filed November 12, 2021 in Shibley; one of 140 filings from this case.

Record facts

CourtU.S. District Court for the Western District of Washington
Filed2021-11-12

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 108-2 · 2021-11-12 · Docket on CourtListener

Full text

1 
SBA Form 2483 (3/21) 
 
(

Paycheck Protection Program 
Borrower Application Form Revised March 18, 2021 
 
OMB Control No.: 3245-0407  
Expiration Date: 9/30/2021 
Check One: 
 Sole proprietor  Partnership  C-Corp  S-Corp  LLC 
 Independent contractor  Self-employed individual  
 501(c)(3) nonprofit 501(c)(6) organization  
 501(c)(19) veterans organization  
 Other 501(c) organization  Housing cooperative  
Tribal business  Other ___________________________ 
DBA or Tradename (if 
applicable) 
Year of Establishment (if 
applicable) 
 
 
Business Legal Name 
NAICS Code 
Applicant (including affiliates, 
if applicable) Meets Size 
Standard (check one): 
 No more than 500 employees 
(or 300 employees, if applicable) 
unless “per location” exception 
applies 
 SBA industry size standards  
 SBA alternative size standard 
Business Address (Street, City, State, Zip Code - No P.O. Box addresses 
allowed) 
Business TIN (EIN, SSN, 
ITIN) 
Business Phone 
 
 
 
Primary Contact 
Email Address 
 
Average Monthly 
Payroll: 
$ 
x 2.5 + EIDL (Do Not Include 
Any EIDL Advance) equals 
Loan Request Amount: 
$ 
Number of 
Employees: 
Purpose of the 
loan (select all 
that apply): 
☐ Payroll Costs 
☐ Rent / Mortgage Interest 
☐ Utilities 
☐ Covered Operations  
Expenditures 
☐ Covered Property  
Damage 
☐ Covered Supplier Costs 
☐ Covered Worker     
Protection Expenditures 
☐ Other (explain): 
______________________ 
Applicant Ownership 
List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary. 
Owner Name 
Title 
Ownership % TIN (EIN, SSN, 
ITIN) 
Address 
 
 
 
 
 
 
 
 
 
 
PPP Applicant Demographic Information (Optional) 
 
Veteran/gender/race/ethnicity data is collected for program reporting purposes only. Disclosure is voluntary and will have no bearing on the 
loan application decision.  
 
Principal Name 
Principal Position 
 
 
 
 
 
 
Select Response Below: 
Veteran 
☐ Non-Veteran; ☐ Veteran; ☐ Service-Disabled Veteran; ☐ Spouse of Veteran; ☐ Not Disclosed 
Gender 
☐ Male; ☐ Female; ☐ Not Disclosed 
Race (more than 1 
may be selected) 
☐ American Indian or Alaska Native; ☐ Asian; ☐ Black or African-American; ☐ Native Hawaiian or Pacific Islander;  
☐ White; ☐ Not Disclosed 
Ethnicity 
☐ Hispanic or Latino; ☐ Not Hispanic or Latino; ☐ Not Disclosed 
Case 2:20-cr-00174-JCC     Document 108-2     Filed 11/12/21     Page 1 of 7

2 
SBA Form 2483 (3/21) 
If questions (1), (2), (5), or (6) are answered “Yes,” the loan will not be approved. 
Question 
Yes 
No 
1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible,
voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any
bankruptcy?
2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or
guaranteed loan from SBA or any other Federal agency (other than a Federal student loan made or guaranteed through a program
administered by the Department of Education) that is (a) currently delinquent, or (b) has defaulted in the last 7 years and caused a loss 
to the government?
3. Is the Applicant or any owner of the Applicant an owner of any other business, or have common management (including a
management agreement) with any other business? If yes, list all such businesses (including their TINs if available) and describe the
relationship on a separate sheet identified as addendum A.
4. Did the Applicant receive an SBA Economic Injury Disaster Loan between January 31, 2020 and April 3, 2020? If yes, provide
details on a separate sheet identified as addendum B.
5. Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant presently incarcerated or, for
any felony, presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal charges
are brought in any jurisdiction?
Initial here to confirm your response to question 5 →                        _____________________
6. Within the last 5 years, for any felony involving fraud, bribery, embezzlement, or a false statement in a loan application or an
application for federal financial assistance, has the Applicant (if an individual) or any owner of the Applicant 1) been convicted; 2)
pleaded guilty; 3) pleaded nolo contendere; or 4) commenced any form of parole or probation (including probation before judgment)?
Initial here to confirm your response to question 6 →                        _____________________
7. Is the United States the principal place of residence for all employees included in the Applicant’s payroll calculation above?
8. Is the Applicant a franchise?
9. Is the franchise listed in SBA’s Franchise Directory? If yes, enter SBA Franchise Identifier Code here:  _______________
Paycheck Protection Program 
Borrower Application Form Revised March 18, 2021 
Case 2:20-cr-00174-JCC     Document 108-2     Filed 11/12/21     Page 2 of 7

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
  
 
 
 
   
  
 
 
 
 
 
                
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Paycheck Protection Program 
Borrower Application Form Revised March 18, 2021 
By Signing Below, You Make the Following Representations, Authorizations, and Certifications 
I certify that: 
• 
I have read the statements included in this form, including the Statements Required by Law and Executive Orders, and I understand them. 
• 
The Applicant is eligible to receive a loan under the rules in effect at the time this application is submitted that have been issued by the Small 
Business Administration (SBA) and the Department of the Treasury (Treasury) implementing the Paycheck Protection Program under Division A, 
Title I of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and 
Venues Act, and Title V of the American Rescue Plan Act of 2021 (the Paycheck Protection Program Rules). 
• 
The Applicant, together with its affiliates (if applicable), (1) is an independent contractor, self-employed individual, or sole proprietor with no 
employees; (2) if not a housing cooperative, eligible 501(c)(6) organization, other eligible 501(c) organization, or eligible destination marketing 
organization, employs no more than the greater of 500 employees or, if applicable, the size standard in number of employees established by SBA 
in 13 C.F.R. 121.201 for the Applicant’s industry; (3) if a housing cooperative, employs no more than 300 employees; (4) if an eligible 501(c)(6) 
organization, other eligible 501(c) organization, or eligible destination marketing organization, employs no more than 300 employees per physical 
location; (5) if NAICS 72 or a 501(c)(3) organization, employs no more than 500 employees per physical location; (6) if a news organization that 
is majority owned or controlled by a NAICS code 511110 or 5151 business, a nonprofit public broadcasting entity with a trade or business under 
NAICS code 511110 or 5151, or an Internet-only news or periodical publisher assigned NAICS code 519130 and engaged in the collection and 
distribution of local or regional and national news and information, employs no more than 500 employees (or, if applicable, the size standard in 
number of employees established by SBA in 13 C.F.R. 121.201 for the Applicant’s industry) per location; or (7) is a small business under the 
applicable revenue-based size standard established by SBA in 13 C.F.R. 121.201 for the Applicant’s industry or under the SBA alternative size 
standard. 
• 
I will comply, whenever applicable, with the civil rights and other limitations in this form. 
• 
All loan proceeds will be used only for business-related purposes as specified in the loan application and consistent with the Paycheck Protection 
Program Rules including the prohibition on using loan proceeds for lobbying activities and expenditures. If Applicant is a news organization that 
became eligible for a loan under Section 317 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, proceeds of the loan 
will be used to support expenses at the component of the business concern that produces or distributes locally focused or emergency information. 
If the Applicant is an Internet-only news or periodical publisher that became eligible for a loan under Section 5001 of the American Rescue Plan 
Act of 2021, the proceeds of the loan will be used to support expenses at the component of the business or organization that supports local or 
regional news. 
• 
I understand that SBA encourages the purchase, to the extent feasible, of American-made equipment and products. 
• 
The Applicant is not engaged in any activity that is illegal under federal, state or local law. 
• 
Any EIDL loan received by the Applicant (Section 7(b)(2) of the Small Business Act) between January 31, 2020 and April 3, 2020 was for a 
purpose other than paying payroll costs and other allowable uses for loans under the Paycheck Protection Program Rules. 
For Applicants who are individuals: I authorize the SBA to request criminal record information about me from criminal justice agencies for the purpose of 
determining my eligibility for programs authorized by the Small Business Act, as amended. 
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one: 
The Applicant was in operation on February 15, 2020, has not permanently closed, and was either an eligible self-employed individual, 
independent contractor, or sole proprietorship with no employees, or had employees for whom it paid salaries and payroll taxes or paid independent 
contractors, as reported on Form(s) 1099-MISC. 
Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant. 
The funds will be used to retain workers and maintain payroll; or make payments for mortgage interest, rent, utilities, covered operations 
expenditures, covered property damage costs, covered supplier costs, and covered worker protection expenditures as specified under the Paycheck 
Protection Program Rules; I understand that if the funds are knowingly used for unauthorized purposes, the federal government may hold me 
legally liable, such as for charges of fraud. 
I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered rent 
payments, covered utilities, covered operations expenditures, covered property damage costs, covered supplier costs, and covered worker 
protection expenditures, and not more than 40% of the forgiven amount may be for non-payroll costs. If required, the Applicant will provide to 
the Lender and/or SBA documentation verifying the number of full-time equivalent employees on the Applicant’s payroll as well as the dollar 
amounts of eligible expenses for the covered period following this loan. 
The Applicant has not and will not receive another loan under the Paycheck Protection Program, section 7(a)(36) of the Small Business Act (15 
U.S.C. 636(a)(36)) (this does not include Paycheck Protection Program second draw loans, section 7(a)(37) of the Small Business Act (15 U.S.C. 
636(a)(37)). 
The Applicant has not been approved for a Shuttered Venue Operator (SVO) grant from SBA as of the date of this loan application, and the 
Applicant acknowledges that if the Applicant is approved for an SVO grant before SBA issues a loan number for this loan, the Applicant is 
ineligible for the loan and acceptance of any loan proceeds will be considered an unauthorized use. 
_____ 
The President, the Vice President, the head of an Executive department, or a Member of Congress, or the spouse of such person as determined 
under applicable common law, does not directly or indirectly hold a controlling interest in the Applicant, with such terms having the meanings 
provided in Section 322 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. 
_____ 
The Applicant is not an issuer, the securities of which are listed on an exchange registered as a national securities exchange under section 6 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78f). 
3
SBA Form 2483 (3/21) 
Case 2:20-cr-00174-JCC     Document 108-2     Filed 11/12/21     Page 3 of 7

          
 
 
 
 
 
 
 
 
 
 
      
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
             
 
 
 
 
 
 
_________________________________________________________ 
________________________ 
___________________________________________ 
________________________ 
Paycheck Protection Program 
Borrower Application Form Revised March 18, 2021 
I further certify that the information provided in this application and the information provided in all supporting documents and forms is true and 
accurate in all material respects. I understand that knowingly making a false statement to obtain a guaranteed loan from SBA is punishable under 
the law, including under 18 U.S.C. 1001 and 3571 by imprisonment of not more than five years and/or a fine of up to $250,000; under 15 U.S.C. 
645 by imprisonment of not more than two years and/or a fine of not more than $5,000; and, if submitted to a federally insured institution, under 
18 U.S.C. 1014 by imprisonment of not more than thirty years and/or a fine of not more than $1,000,000.
  I acknowledge that the Lender will confirm the eligible loan amount using required documents submitted. I understand, acknowledge, and agree 
that the Lender can share any tax information that I have provided with SBA’s authorized representatives, including authorized representatives of 
the SBA Office of Inspector General, for the purpose of compliance with SBA Loan Program Requirements and all SBA reviews. 
Signature of Authorized Representative of Applicant 
Date 
Print Name 
Title 
4
SBA Form 2483 (3/21) 
Case 2:20-cr-00174-JCC     Document 108-2     Filed 11/12/21     Page 4 of 7

5 
SBA Form 2483 (3/21) 
Paycheck Protection Program 
Borrower Application Form Revised March 18, 2021 
 
 
Purpose of this form:  
This form is to be completed by the authorized representative of the Applicant and submitted to your SBA Participating Lender. Submission of the requested 
information is required to make a determination regarding eligibility for financial assistance. Failure to submit the information would affect that 
determination.  
An Applicant that files an IRS Form 1040, Schedule C, and elects to calculate the PPP loan amount using net profit must use this form.  An Applicant that 
files an IRS Form 1040, Schedule C, and elects to calculate the PPP loan amount using gross income cannot use this form, and instead must use SBA Form 
2483-C.  An Applicant that files an IRS Form 1040, Schedule F, and calculates the PPP loan amount using gross income must also use this form.   
Instructions for completing this form:  
With respect to Purpose of the Loan, payroll costs consist of compensation to employees (whose principal place of residence is the United States) in the 
form of salary, wages, commissions, or similar compensation; cash tips or the equivalent (based on employer records of past tips or, in the absence of such 
records, a reasonable, good-faith employer estimate of such tips); payment for vacation, parental, family, medical, or sick leave (except those paid leave 
amounts for which a credit is allowed under FFCRA Sections 7001 and 7003); allowance for separation or dismissal; payment for the provision of employee 
benefits (including insurance premiums) consisting of group health care coverage, group life, disability, vision, or dental insurance, and retirement benefits; 
payment of state and local taxes assessed on compensation of employees; and, for an independent contractor or sole proprietor, wage, commissions, income, 
or net earnings from self-employment or similar compensation. 
For purposes of calculating Average Monthly Payroll, most Applicants will use the average monthly payroll for 2019 or 2020, excluding costs over $100,000 
on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments is incurred, for each employee. 
For seasonal businesses, the Applicant may elect to instead use average total monthly payroll for any twelve-week period selected by the Applicant between 
February 15, 2019 and February 15, 2020, excluding costs over $100,000 on an annualized basis, as prorated for the period during which the payments are 
made or the obligation to make the payments is incurred, for each employee.  For new businesses, average monthly payroll may be calculated using the time 
period from January 1, 2020 to February 29, 2020, excluding costs over $100,000 on an annualized basis, as prorated for the period during which the 
payments are made or the obligation to make the payments is incurred, for each employee. For farmers and ranchers that operate as a sole proprietorship or 
as an independent contractor, or who are eligible self-employed individuals (including single member LLCs and qualified joint ventures) and report farm 
income or expenses on a Schedule F (or any equivalent successor IRS form), payroll costs are computed using eligible payroll costs for employees, if any, 
plus the lesser of $100,000 and the difference between gross income and any eligible payroll costs for employees, as reported on a Schedule F.  For Applicants 
that file IRS Form 1040, Schedule C, and elect to calculate the PPP loan amount using net profit, payroll costs are computed using line 31 net profit amount, 
limited to $100,000, plus any eligible payroll costs for employees (to calculate loan amount using gross income, see SBA Form 2483-C).  For Applicants 
that are partnerships, payroll costs are computed using net earnings from self-employment of individual general partners, as reported on IRS Form 1065 K-
1, reduced by section 179 expense deduction claimed, unreimbursed partnership expenses claimed, and depletion claimed on oil and gas properties, 
multiplied by 0.9235, that is not more than $100,000, plus any eligible payroll costs for employees. 
For Schedule F filers, if the Applicant is a qualified joint venture for federal income tax purposes ((1) the only members of the joint venture are a married 
couple who file a joint return and each file Schedule F, (2) both spouses materially participate in the trade or business, and (3) both spouses elect not to be 
treated as a partnership), only one spouse may submit this form on behalf of the qualified joint venture.   
For purposes of calculating the loan amount using gross income (Schedule F filers only), use the sum of gross income (Schedule F, line 9) from both spouses.  
For purposes of reporting Number of Employees, sole proprietors, self-employed individuals, and independent contractors should include themselves as 
employees (i.e., the minimum number in the box Number of Employees is one).  Applicants may use their average employment over the time period used 
to calculate their aggregate payroll costs to determine their number of employees. Alternatively, Applicants may elect to use the average number of 
employees per pay period in the 12 completed calendar months prior to the date of the loan application. 
For purposes of reporting Year of Establishment, self-employed individuals and independent contractors may enter “NA”. 
For purposes of reporting NAICS Code, applicants must match the business activity code provided on their IRS income tax filings, if applicable. 
If Applicant is refinancing an Economic Injury Disaster Loan (EIDL): Add the outstanding amount of an EIDL made between January 31, 2020 and April 
3, 2020 to Loan Request as indicated on the form. Do not add the amount of any EIDL Advance. 
All parties listed below are considered owners of the Applicant:  
• For a sole proprietorship, the sole proprietor; 
• For a partnership, all general partners, and all limited partners owning 20% or more of the equity of the firm; 
• For a corporation, all owners of 20% or more of the corporation;  
• For limited liability companies, all members owning 20% or more of the company; and  
• Any Trustor (if the Applicant is owned by a trust). 
 
 
Case 2:20-cr-00174-JCC     Document 108-2     Filed 11/12/21     Page 5 of 7

 
 
 
 
 
 
 
 
 
 
 
 
 
      
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
 
Paycheck Protection Program 
Borrower Application Form Revised March 18, 2021 
For purposes of reporting (optional) demographic information: 
1. 
Purpose. Veteran/gender/race/ethnicity data is collected for program reporting purposes only. 
2. 
Description. This form requests information about each of the Applicant’s Principals. Add additional sheets if necessary. 
3. 
Definition of Principal. The term “Principal” means: 
• 
For a self-employed individual, independent contractor, or a sole proprietor, the self-employed individual, independent contractor, or sole 
proprietor. 
• 
For a partnership, all general partners and all limited partners owning 20% or more of the equity of the Applicant, or any partner that is 
involved in the management of the Applicant’s business. 
• 
For a corporation, all owners of 20% or more of the Applicant, and each officer and director. 
• 
For a limited liability company, all members owning 20% or more of the Applicant, and each officer and director. 
• 
Any individual hired by the Applicant to manage the day-to-day operations of the Applicant (“key employee”). 
• 
Any trustor (if the Applicant is owned by a trust). 
• 
For a nonprofit organization, the officers and directors of the Applicant. 
4. 
Principal Name. Insert the full name of the Principal. 
5. 
Principal Position. Identify the Principal’s position; for example, self-employed individual; independent contractor; sole proprietor; general 
partner; owner; officer; director; member; or key employee. 
Paperwork Reduction Act – You are not required to respond to this collection of information unless it displays a currently valid OMB Control Number. 
The estimated time for completing this application, including gathering data needed, is 8 minutes. Comments about this time or the information requested 
should be sent to: Small Business Administration, Director, Records Management Division, 409 3rd St., SW, Washington DC 20416, and/or SBA Desk 
Officer, Office of Management and Budget, New Executive Office Building, Washington DC 20503. PLEASE DO NOT SEND FORMS TO THESE 
ADDRESSES. 
Privacy Act (5 U.S.C. 552a) – Under the provisions of the Privacy Act, you are not required to provide your social security number. Failure to provide your 
social security number may not affect any right, benefit or privilege to which you are entitled. (But see Debt Collection Notice regarding taxpayer 
identification number below.) Disclosures of name and other personal identifiers are required to provide SBA with sufficient information to make a character 
determination. When evaluating character, SBA considers the person’s integrity, candor, and disposition toward criminal actions. Additionally, SBA is 
specifically authorized to verify your criminal history, or lack thereof, pursuant to section 7(a)(1)(B), 15 U.S.C. Section 636(a)(1)(B) of the Small Business 
Act. 
Disclosure of Information – Requests for information about another party may be denied unless SBA has the written permission of the individual to release 
the information to the requestor or unless the information is subject to disclosure under the Freedom of Information Act. The Privacy Act authorizes SBA 
to make certain “routine uses” of information protected by that Act. One such routine use is the disclosure of information maintained in SBA’s system of 
records when this information indicates a violation or potential violation of law, whether civil, criminal, or administrative in nature. Specifically, SBA may 
refer the information to the appropriate agency, whether Federal, State, local or foreign, charged with responsibility for, or otherwise involved in 
investigation, prosecution, enforcement or prevention of such violations. Another routine use is disclosure to other Federal agencies conducting background 
checks but only to the extent the information is relevant to the requesting agencies’ function. See, 74 F.R. 14890 (2009), and as amended from time to time 
for additional background and other routine uses. In addition, the CARES Act, requires SBA to register every loan made under the Paycheck Protection 
Program using the Taxpayer Identification Number (TIN) assigned to the borrower. 
Debt Collection Act of 1982, Deficit Reduction Act of 1984 (31 U.S.C. 3701 et seq. and other titles) – SBA must obtain your taxpayer identification 
number when you apply for a loan. If you receive a loan, and do not make payments as they come due, SBA may: (1) report the status of your loan(s) to 
credit bureaus, (2) hire a collection agency to collect your loan, (3) offset your income tax refund or other amounts due to you from the Federal Government, 
(4) suspend or debar you or your company from doing business with the Federal Government, (5) refer your loan to the Department of Justice, or (6) take 
other action permitted in the loan instruments. 
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401) – The Right to Financial Privacy Act of 1978, grants SBA access rights to financial records held 
by financial institutions that are or have been doing business with you or your business including any financial institutions participating in a loan or loan 
guaranty. SBA is only required provide a certificate of its compliance with the Act to a financial institution in connection with its first request for access to 
your financial records. SBA’s access rights continue for the term of any approved loan guaranty agreement. SBA is also authorized to transfer to another 
Government authority any financial records concerning an approved loan or loan guarantee, as necessary to process, service or foreclose on a loan guaranty 
or collect on a defaulted loan guaranty. 
Freedom of Information Act (5 U.S.C. 552) – This law provides, with some exceptions, that SBA must supply information reflected in agency files and 
records to a person requesting it. Information about approved loans that is generally released includes, among other things, statistics on our loan programs 
(individual borrowers are not identified in the statistics) and other information such as the names of the borrowers, the amount of the loan, and the type of 
the loan. Proprietary data on a borrower would not routinely be made available to third parties. All requests under this Act are to be addressed to the nearest 
SBA office and be identified as a Freedom of Information request. 
Occupational Safety and Health Act (15 U.S.C. 651 et seq.) – The Occupational Safety and Health Administration (OSHA) can require businesses to 
modify facilities and procedures to protect employees. Businesses that do not comply may be fined and required to abate the hazards in their workplaces. 
They may also be ordered to cease operations posing an imminent danger of death or serious injury until employees can be protected. Signing this form is 
certification that the applicant, to the best of its knowledge, is in compliance with the applicable OSHA requirements, and will remain in compliance during 
the life of the loan. 
6
SBA Form 2483 (3/21) 
Case 2:20-cr-00174-JCC     Document 108-2     Filed 11/12/21     Page 6 of 7

 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Paycheck Protection Program 
Borrower Application Form Revised March 18, 2021 
Civil Rights (13 C.F.R. 112, 113, 117) – All businesses receiving SBA financial assistance must agree not to discriminate in any business practice, including 
employment practices and services to the public on the basis of categories cited in 13 C.F.R., Parts 112, 113, and 117 of SBA Regulations. All borrowers 
must display the "Equal Employment Opportunity Poster" prescribed by SBA. 
Equal Credit Opportunity Act (15 U.S.C. 1691) – Creditors are prohibited from discriminating against credit applicants on the basis of race, color, religion, 
national origin, sex, marital status or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s 
income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection 
Act. 
Debarment and Suspension Executive Order 12549 (2 C.F.R. Part 180 and Part 2700) – By submitting this loan application, you certify that neither 
the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or voluntarily excluded from 
participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final determination still pending; (c) indicted, convicted, 
or had a civil judgment rendered against you for any of the offenses listed in the regulations or (d) delinquent on any amounts owed to the U.S. Government 
or its instrumentalities as of the date of execution of this certification. 
7
SBA Form 2483 (3/21) 
Case 2:20-cr-00174-JCC     Document 108-2     Filed 11/12/21     Page 7 of 7

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