Court filing
PPP Borrower Application, The A Team Holdings LLC (Doc. 137-1) — United States v. Shibley (W.D. Wash.)
Summary
Exhibit 137-1 in United States v. Eric Shibley, Case 2:20-cr-00174-JCC in the U.S. District Court for the Western District of Washington, filed November 26, 2021. The 78-page exhibit opens with a Paycheck Protection Program borrower application form for The A Team Holdings LLC, doing business as Shibley Medical, listing Eric Shibley as manager and 100 percent owner and stating average monthly payroll of $384000 and a loan request of $960000. It closes with a letter from TCF Bank stating that it is unable to extend the requested PPP loan.
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
Record facts
| Court | U.S. District Court for the Western District of Washington |
|---|---|
| Filed | 2021-11-26 |
Cite this document
“Exhibit - United States v. Eric Shibley.”
U.S. District Court for the Western District of Washington, No. 2:20-cr-00174-JCC, Doc. 137-1, filed 2021-11-26. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-shibley-wawd-290910/2021-11-26-exhibit-doc-137-1/
, SHA-256 be9a3e4b109f486b4a1dbcc2bb13676b3ca954a2476ea0a39dfeea2e22b933ba.Full text
Text recognized from a scanned document; may contain errors. Pages 9–16, 18, 20, 22, 25, 26, 36, 54, and 55 of 78 are not shown because the text could not be recognized reliably.
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page1of 78
Paycheck Protection Program OMB Control No.: 3245-0407
Borrower Application Form Expiration Date: 09/30/2020
[_ Sole proprietor [_]Partnership [_]C-Corp [_]S-Corp [YJLLC [_]501(¢)(3) nonprofit [_]Independent Contractor [_]Other
[_]Eligible self-employed individual [_]501(c)(19) veterans organization [_]Tribal business (sec. 31(b)(2)(C) of Small Business Act)
DBA or Tradename if applicable
Shibley Medical
Business Legal Name
The A Team Holdings LLC
Business Primary Address
4700 36th Avenue Southwest
Seattle, WA 98126
Business TIN (EIN, SSN) Business Phone
| 7088 (206) 938-4291
Primary Contact Email Address
Eric Shibley shibleymedical@outlook.com
Average Monthly $384000 x 2.5 + EIDL, Net of Advance (if Applicable) $960000 umber @?Eaaiesesse BE
Payroll: Equals Loan Request:
[Y]Payroll [/]Lease / Mortgage Interest [/]Utilities [/]Other (explain): Employee
Purpose of the loan (select more than one):
benefirts
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) Address
Eric Shibley Manager 100 a 526+ 4700 36th Ave SW, Seattle, WA 98126
If questions (1) or (2) below 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, CO
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 C
guaranteed loan from SBA or any other Federal agency that is currently delinquent or 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 with, any other CO
business? If yes, list all such businesses and describe the relationship on a separate sheet identified as addendum A.
4. Has the Applicant received an SBA Economic Injury Disaster Loan between January 31,2020 and April 3, 2020? If yes, CO
provide details on a separate sheet identified as addendum B.
If questions (5) or (6) are answered "Yes", the loan will not be approved.
5. Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant subject to an CO
indictment, criminal information, arraignment, or other means by which formal criminal charges are brought in any
jurisdiction, or presently incarcerated, or on probation or parole?
Initial here to confirm your response to question 5 -> LS
6. Within the last 5 years, for any felony, has the Applicant (if an individual) or any owner of the Applicant 1) been convicted; Oo
2) pleaded guilty; 3) pleaded nolo contendere; 4) been placed on pretrial diversion; or 5) been placed on any form of parole or
probation (including probation before judgment)?
Initial here to confirm your response to question 6 -> LS
7. Is the United States the principal place of residence for all employees of the Applicant included in the Applicant’s payroll C
calculation above?
8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? C
. 1
U.S. v. Shibley
SBA Form 2483 (04/20) CR20-174 JCC
Government Exhibit No. 1 DOJ-01-0000001374
Admitted
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 2 of 78
Paycheck Protection Program
Borrower Application Form
By Signing Below, You Make the Following Representations, Authorizations, and Certifications
CERTIFICATIONS AND AUTHORIZATIONS
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) implementing the Paycheck Protection Program under Division A, Title I of the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act) (the Paycheck Protection Program Rule).
The Applicant (1) is an independent contractor, eligible self-employed individual, or sole proprietor or (2) employs no more than the
greater of 500 or employees or, if applicable, the size standard in number of employees established by the SBA in 13 C.F.R. 121.201 for
the Applicant’s industry.
¢ I will comply, whenever applicable, with the civil rights and other limitations in this form.
All SBA loan proceeds will be used only for business-related purposes as specified in the loan application and consistent with the
Paycheck Protection Program Rule.
To the extent feasible, I will purchase only American-made equipment and products.
e The Applicant is not engaged in any activity that is illegal under federal, state or local law.
e Any loan received by the Applicant under 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 loans under the Paycheck Protection Program Rule.
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.
CERTIFICATIONS
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:
LS.
LS.
LS
LS.
LS.
LS
LS.
LS
The Applicant was in operation on February 15, 2020 and 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 mortgage interest payments, lease payments, and utility
payments, as specified under the Paycheck Protection Program Rule; 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.
The Applicant will provide to the Lender documentation verifying the number of full-time equivalent employees on the Applicant’s
payroll as well as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered
utilities for the eight-week period following this loan.
I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments,
covered rent payments, and covered utilities, and not more than 25% of the forgiven amount may be for non-payroll costs.
During the period beginning on February 15, 2020 and ending on December 31, 2020, the Applicant has not and will not receive
another loan under the Paycheck Protection Program.
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 USC 1001 and 3571 by imprisonment of not more than five years and/or a fine
of up to $250,000; under 15 USC 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 USC 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.
Line Stilley 4/12/2020
Signature of Authorized Representative of Applicant Date
73.109.30.232 / 2020-04-12 19:25:50
Eric Shibley Manager
Print Name Title
SBA Form 2483 (04/20)
DOJ-01-0000001375
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 3of 78
Paycheck Protection Program
Borrower Application Form
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.
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;
allowance for separation or dismissal; payment for the provision of employee benefits consisting of group health care coverage, including insurance
premiums, and retirement; 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, excluding costs over
$100,000 on an annualized basis for each employee. For seasonal businesses, the Applicant may elect to instead use average monthly payroll for the
time period between February 15, 2019 and June 30, 2019, excluding costs over $100,000 on an annualized basis 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 for each employee.
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, less the amount of any "advance" under an EIDL COVID-19 loan, to Loan Request as indicated on the form.
All parties listed below are considered owners of the Applicant as defined in 13 CFR § 120.10, as well as "principals":
e Fora sole proprietorship, the sole proprietor;
e Fora partnership, all general partners, and all limited partners owning 20% or more of the equity of the firm;
e Fora corporation, all owners of 20% or more of the corporation;
e For limited liability companies, all members owning 20% or more of the company; and
e Any Trustor (if the Applicant is owned by a trust).
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.
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 USC
Section 636(a)(1)(B) of the Small Business Act (the 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 Act 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) foreclose on collateral or 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.
SBA Form 2483 (04/20)
DOJ-01-0000001376
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page4of 78
Paycheck Protection Program
Borrower Application Form
Freedom of Information Act (5 U.S.C. 552) — Subject to certain exceptions, SBA must supply information reflected in agency files and records to
a person requesting it. Information about approved loans that will be automatically 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 (and their officers,
directors, stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms and the maturity.
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, forced to cease operations, or prevented from
starting operations. 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.
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.
Debar ment and Suspension Executive Order 12549; (2 CFR Part 180 and Part 2700) — By submitting this loan application, you certify that
neither the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or voluntarily
excluded from participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final determination still pending;
(c) indicted, convicted, or had a civil judgment rendered against you for any of the offenses listed in the regulations or (d) delinquent on any amounts
owed to the U.S. Government or its instrumentalities as of the date of execution of this certification.
SBA Form 2483 (04/20)
DOJ-01-0000001377
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 5 of 78
fey Paycheck Protection Program OMB Control No - 3245-0407
ae Borrower Application Form Expiration Date: 09/30/2020
Check One: O Sole proprietor O Partnership UO C-Corp OS-Comp LLC DBA or Tradename if Applicable
O Independent contractor O Eligible self-employed individual
0 501(c)(3) nonprofit O 501(c)(19) veterans organization
O Tribal business (sec. 31(b)(2)(C) of Small Business Act) O Other
Business Legal Name
The A Team Holdings LLC
Business Address Business TIN (EIN, SSN) Business Phone
4700 36th Ave SW M7088 2069384291
Primary Contact Email Address
Eric SHibley shibleymedical@outlook.com
Average Monthly Payroll: $ x 2.5 + EIDL, Net of $ Number of Employees:| 48
384000 Advance (if Applicable) 960 000
Equals Loan Request:
Purpose of the loan
(select more than one): [El Payroll ElLease / Mortgage Interest [Utilities [Other (explain): employee benefits
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) = Address
Eric R Shibley Manager 100 -52}4700 36th Ave SW Seattle V\
Jf questions (1) or (2) below 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 volved im 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 Oo |
guaranteed loan from SBA or any other Federal agency that is currently delinquent or 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 with, any other iO) O
business? If yes, list all such businesses and describe the relationship on a separate sheet identified as addendum A.
4. Has the Applicant received an SBA Economic Injury Disaster Loan between January 31, 2020 and April 3, 2020? If yes. O =)
provide details on a separate sheet identified as addendum B.
If questions (5) or (6) are answered “Yes,” the loan will not be approved.
| Question | Yes | No |
a Ts the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant subject ol
to an indictment, criminal information, arraignment. or other means by which formal criminal charges are CO
brought in any jurisdiction, or presently incarcerated, or on probation or parole?
Initial here to confirm your response to questionS—+ ©S
6. Within the last 5 years, for any felony, has the Applicant (if an individual) or any owner of the Applicant 1)
been convicted: 2) pleaded guilty; 3) pleaded nolo contendere; 4) been placed on pretrial diversion; or 5) been oO |
placed on any form of parole or probation (including probation before judgment)?
Initial here to confirm your response to question6—= _€FS
7. Ts the United States the principal place of residence for all employees of the Applicant included in the EE |
Applicant's payroll calculation above?
8. Is the Applicant a franchise that is listed im the SBA’s Franchise Directory? oO Oo]
SBA Form 2483 (04/20)
DOJ-01-0000001486
i) Paycheck Protection Program
ore Borrower Application Form
By Signing Below, You Make the Following Representations, Authorizations, and Certifications
CERTIFICATIONS AND AUTHORIZATIONS
I certify that:
e [have read the statements included in this form, including the Statements Required by Law and Executive Orders, and I understand them.
e 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) implementing the Paycheck Protection Program under Division A, Title I of the Coronavirus
Aid, Relief, and Economic Security Act (CARES Act) (the Paycheck Protection Program Rule).
e The Applicant (1) is an independent contractor, eligible self-employed individual, or sole proprietor or (2) employs no more
than the greater of 500 or employees or, if applicable, the size standard in number of employees established by the SBA in 13
C.F.R. 121.201 for the Applicant’s industry.
e | will comply, whenever applicable, with the civil rights and other limitations in this form.
e All SBA loan proceeds will be used only for business-related purposes as specified in the loan application and consistent with the
Paycheck Protection Program Rule.
e = To the extent feasible, I will purchase only American-made equipment and products.
e The Applicant is not engaged in any activity that is illegal under federal, state or local law.
e Any loan received by the Applicant under 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 loans under the Paycheck Protection Program Rule.
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.
CERTIFICATIONS
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:
ers
The Applicant was in operation on February 15, 2020 and had employees for whom it paid salaries and payroll taxes or paid independent
contractors, as reported on Form(s) 1099-MISC.
ers
ers
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 mortgage interest payments, lease payments, and utility payments,
as specified under the Paycheck Protection Program Rule; 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.
ers The Applicant will provide to the Lender documentation verifying the number of full-time equivalent employees on the Applicant’s
payroll as well as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities
for the eight-week period following this loan.
ers I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments,
covered rent payments, and covered utilities, and not more than 25% of the forgiven amount may be for non-payroll costs.
ers During the period beginning on February 15, 2020 and ending on December 31, 2020, the Applicant has not and will not receive another
loan under the Paycheck Protection Program.
ers 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 USC 1001 and 3571 by imprisonment of not more than five years and/or a
fine of up to $250,000; under 15 USC 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 USC 1014 by imprisonment of not more than thirty years and/or a fine of not
more than $1,000,000.
ers 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.
Eric Ryan Shibley pate'zoz0.0a18 19 0846-0700" 04/15/2020
Signature of Authorized Representative of Applicant Date
Eric R Shibley 04/15/2020
Print Name Title
2
SBA Form 2483 (04/20)
DOJ-01-0000001487
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page/7 of 78
# : i Paycheck Protection Program
ore Borrower Application Form
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 thatdetermination.
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; allowance for separation or dismissal; payment for the provision of employee benefits consisting of group health care coverage,
including insurance premiums, and retirement; 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, excluding costs over
$100,000 on an annualized basis for each employee. For seasonal businesses, the Applicant may elect to instead use average monthly payroll
for the time period between February 15, 2019 and June 30, 2019, excluding costs over $100,000 on an annualized basis 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 for each employee.
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, less the amount of any “advance” under an EIDL COVID-19 loan, to Loan Request as indicated on the form.
All parties listed below are considered owners of the Applicant as defined in 13 CFR § 120.10, as well as “principals”:
e Fora sole proprietorship, the sole proprietor;
e 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
e Any Trustor (if the Applicant is owned by a trust).
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.
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 USC Section 636(a)(1)(B) of the Small Business Act (the 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 Act 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) foreclose on collateral or 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
SBA Form 2483 (04/20)
DOJ-01-0000001488
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 8of 78
pant oe Paycheck Protection Program
ore Borrower Application Form
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) — Subject to certain exceptions, SBA must supply information reflected in agency files and
records to a person requesting it. Information about approved loans that will be automatically 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 (and
their officers, directors, stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms
and the maturity. 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, forced to cease operations,
or prevented from starting operations. 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.
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 CFR Part 180 and Part 2700) — By submitting this loan application, you certify
that neither the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or
voluntarily excluded from participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final
determination still pending; (c) indicted, convicted, or had a civil judgment rendered against you for any of the offenses listed in the
regulations or (d) delinquent on any amounts owed to the U.S. Government or its instrumentalities as of the date of execution of this
certification.
SBA Form 2483 (04/20)
DOJ-01-0000001489
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DOJ-01-0000001531
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 19 of 78
Secretary of State
i, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this
CERTIFICATE OF FORMATION
to
THE A TEAM HOLDINGS LLC
A WA LIMITED LIABILITY COMPANY, effective an the date indicated below.
Effective Date: 12/10/2018
UBI Number: 604 330 288
Given under my hand and the Seal of the State
of Washington at Olympia, the State Capital
Kim Wyman, Secretary of State
Date Issued: 12/10/2018
DOJ-01-0000001361
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 21 of 78
REGISTERED AGENT:
Is the Registered Agent a Commercial Registered Agent? O 4 @ No
If Yes, provide the name of the Commercial Registered Agent:
A Commercial Registered Agent is an entity or individual that is 7 with the Office of the Secretary of State to
receive legal documents on behalf of a corporation. A Commercial Registered Agent has the entities/individual’s address
on record with the office.
A Registered Agent consent is still required for 2 Commercial Registered Agent located below.
If No, please continue below
Please complete ONE type of Registered Agent below, be fure to include the name below the checked box.
Then continue to provide the required street address. Mailing address if needed.
© Individual @ Entity QO Office or Position
United Sates Corporation Agents, Inc.
First and last name of 2 Non-commercial
List the Office or Position serves as agent. (Only
if using the specific office or position as the
as a Commercial Registered Agent.) registered agemt, no matter who holds the
position like: Secretary. Member or Treasurer.)
Phone: S2 Emait: t@legalzoom.com
Registered Agent Street Address (required) Registered Agent Mailing Address (optional)
(Must be a physical address No PO Box or PMB) 2 Check if mailing address is the same as street address
Country: United States State: Washington Country: United States State: Washington
Address : 14205 SE 36th Street, Suite 100 Ader: 14205 SE 36th Street, Suite 100 - 288
Zip: 98006 City: Bellevue til 98006 City: Bellevue
CONSENT TO SERVE AS REGISTERED AGENT - REQUIRED FOR ALL TYPES
I hereby consent to serve as Registered Agent in the State of Washington for the named entity. | understand it will be my
responsibility to accept seryjce of process, notices, and demands on behalf of the entity; to forward mail to the entity;
and to immediately nop Offjee Af the Secretary of State if i resign or change the Registered Office Address.
4 Cheyenne Moseley, Nisei Secretary 12/05/2018
Signature of Registered Agent Printed Name/Title Date
Certificate of Formation - Limited Liability Company Work Order #: 2018120700583230 ~ 1
Pe2| Revised 7.2018 Received Date: 12/07/2018
Page: 2 af 5 Amount Received: $230.00
DOJ-01-0000001363
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 23 of 78
Attachment to Articles of Organization
For
The A Team Holdings LLC
The personal liability of the members of the ap Liabiliry Company for monetary
damages for breach of fiduciary duty shall be eliminated ko the fullest extent permissible under
Washington law. The Limited Liability Company is authorized to indemnify its members and
managers to the fullest extent permissible under Westin
ion law.
Work Order #: 2018120700583230 - |
Received Dase: 12/07/2018
Page: 4 of 5 Amount Received: $230.00
DOJ-01-0000001365
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 24 of 78
Attachment to Articles of Organization
For
The A Team Holdiigs LLC
The personal liability of the members of the Limited Liability Company for monetary
damages for breach of fiduciary dury shall be eliminated {o the fullest extent permissible under
Washington law. The Limited Liability Company is authorized to indemnify its members and
managers to the fullest extent permissible under Washington law.
Work Order #: 2018120700583230 - 3
Received Date: 12/07/2018
Page: S of S Amount Received: $230.00
DOJ-01-0000001366
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 27 of 78
ers: OF THE TREASURY
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
Date of this notice: 02-07-2019
— Identification Number:
oss
Form: SS-4
Number of this notice: CP 575A
A TEAM HOLDINGS LLC
ERIC SHIBLEY SOLE MBR
4700 36TH AVE SW For assistance you may call us at:
SEATTLE, WA 98126 1-800-829-4933
IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Ic sntification Number (EIN). We assigned you
EIN Mose. this EIN will identify you, ypur business accounts, tax returns, and
documents, even if you have no employees. Please keep this notice in your permanent
When filing tax documents, payments, and
that you use your EIN and complete name and
may cause a delay in processing, result in
cause you to be assigned more than one EIN. f
above, please make the correction using the at
lated correspondence, it is very important
ss exactly as shown above. Any variation
ct information in your account, or even
the information is not correct as shown
ached tear off stub and return it to us.
Based on the information received from or your representative, you must file
the following form(s) by the date(s) shown.
Form 720 02/07/2019
After our review of your information,, we have determined that you have not filed
tax returns for the above-mentioned tax periog(s) dating as far back as 2019. Please
file your return(s) by 02/22/2019. If there is a balance due on the return(s),
penalties and interest will continue to a milate from the due date of the return(s)
until it is filed and paid. If you were not jn business or did not hire any employees
for the tax period(s) in question, please file the return(s) showing you have no
liabilities.
If you have questions about the form(s) qr the due date(s) shown, you can call us at
the phone number or write to us at the addres shown at the top of this notice. If you
need help in determining your annual account period (tax year), see Publication 538,
Accounting Periods and Methods.
We assigned you a tax classification baséd on information obtained from you or your
representative. It is not a legal determination of your tax classification, and is not
binding on the IRS. If you want a legal dete nation of your tax classification, you may
request a private letter ruling from the IRS under the guidelines in Revenue
2004-1, 2004-1 I.R.B. 1 (or superseding Revenhe Procedure for the year at issue). Note:
Certain tax classification elections can be requested by filing Form 8832, Entity
Classification Election. See Form 8832 and ifs instructions for additional information.
DOJ-01-0000001369
Case 2:20-cr-00174-JCC Document 137-1
{IRS USE ONLY) 575A
If you are required to deposit for empl
CT-1, or 1042), excise taxes (Form 720), or in
Welcome Package shortly, which includes instru
electronically through the Electronic Federal
Identification Number (PIN) for EFTPS will al
Please activate the PIN once you receive it,
tax professional or representative. For more
Publication 966, Electronic Choices to Pay All
make a deposit immediately, you will need to
Institution to complete a wire transfer.
The IRS is committed to helping all taxpa’
obligations. If you need help completing your
Authorized e-file Providers, such as Reporting
available to assist you. Visit the IRS Web si
that offer IRS e-file for business products
telephone numbers, and links to their Web site
To obtain tax forms and publications, inc
visit our Web site at www.irs. If
02-07-201
7
do mot have access to the Internet, call
Filed 11/26/21 Page 28 of 78
9 ATEA B 9999999999 5SS-4
t taxes (Forms 941, 943, 940, 944, 945,
ome taxes (Form 1120), you will receive a
tions for making your deposits
ax Payment System (EFTPS). A Personal
be sent to you under separate cover.
if you have requested the services of a
nformation about EFTPS, refer to
Your Federal Taxes. If you need to
arrangements with your Financial
rs comply with their tax filing
returms or meeting your tax obligations,
Agents (payroll service providers) are
e at www.irs.gov for a list of companies
services. The list provides addresses,
luding those referenced in this notice,
1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.
one time and the IRS will not be able
may give a copy of this document to an}
Use this EIN and your name exactly as
your federal tax forms.
*
Refer to this EIN on your tax-related |
If you have questions about your EIN, you
us at the address shown at the top of this noth
at the bottom of this notice and send it along
write us, do not complete and return the stub.
Keep a copy of this notice in your permanent records. This notice is issued only
sc generate a duplicate copy for you. You
vone asking for proof of your EIN.
fhey appear at the top of this notice on all
torrespondence and documents.
can call us at the phone number or write to
ce. If you write, please tear off the stub
with your letter. If you do not need to
Your name control associated with this EIN is ATEA. You will need to provide this
information, along with your EIN, if you file
Thank you for your cooperation.
your returns electronically.
DOJ-01-0000001370
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 29 of 78
(IRS USE ONLY) 575A 02-07-2039 ATEA B 9999999999 SS-4
Keep this part for ai i records. CP 575 A (Rev. 7-2007)
Return this part with any correspondence
50 we may identify your account. Please
CP S7S A
correct any errors in your name or address.
9999999999
Your Telephone Number Best Time to Call OF THIS NOTICE: 02-07-2019
( ) - YER IDENTIFICATION NUMBER: [R088
: SS-4 NOBOD
INTERNAL REVENUE SERVICE A TEAM HOLDINGS LLC
CINCINNATI OH 45999-0023 ERIC SHIBLEY SOLE MBR
SEATTLE, WA 98126
DOJ-01-0000001371
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 30 of 78
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 31 of 78
DocuSign Envelope ID: 39C647B4-E3BD-4920-A156-65DE1367B86B
Account #:
& 1 U.S. Small Business Administration
S A NOTE
U.S, Small Business
Paycheck Protection Program
SBA Loan # 6351617108
SBA Loan Name | The A Team Holdings LLC
Date 4/23/2020
Loan Amount $ 960000.00
Interest Rate 1.0 Percent Per Year
Borrower The A Team Holdings LLC
Lender ReadyCap Lending, LLC
PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of $960000.00 00, interest
on the unpaid principal balance. and all other amounts required by this Note.
DEFINITIONS:
“Loan” means the loan evidenced by this Note.
“PPP” means the Paycheck Protection Program authorized under the SBA 7(a) Loan Program and the CARES Act.
“SBA” means the Small Business Administration, an Agency of the United States of America.
PAYMENT TERMS:
Borrower must make all payments at the place Lender or SBA designates. The payment terms for this Note are:
NOTE TERMS:
Maturity: This Note will mature 2 years from date of Note.
Repayment Terms:
The interest rate is 1.0% per year. The interest rate may only be changed in accordance with SOP 50 10, the
CARES Act, or guidance established by the SBA or U.S. Treasury.
Payments of the Loan shall be deferred for the first six (6) months following disbursement of the Loan.
Borrower must pay principal and interest payments of $ 54027.03 every month, beginning seven (7)
months following the date of disbursement of the Loan; payments must be made on the first (1) calendar
day in the months they are due. Interest shall continue to accrue during the six (6) month deferment.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the
payment, then to bring principal current and will apply any remaining balance to reduce principal.
This Loan is made under the provisions of the PPP, 7(a) Loan Program and the CARES Act. The principal
under this Note may be reduced or forgiven in accordance with the loan forgiveness provisions of the CARES
Act and regulations or requirements established by SBA and the U.S. Treasury. The principal of this Note
is not be deemed forgiven or reduced until documented in a writing, signed by Lender or the SBA. Interest
under this loan will not be forgiven but payments for interest may be made by SBA.
Loan Prepayment:
DOJ-01-0000001521
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 32 of 78
DocuSign Envelope ID: 39C647B4-E3BD-4920-A156-65DE1367B86B
No prepayment fee will be due under the terms of this Note.
All remaining principal and accrued interest is due and payable 2 years from date of Note.
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower:
A. Fails to do anything required by this Note;
B. Defaults on any other loan with Lender;
Cc. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or
SBA;
D. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to
Lender or SBA;
E. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially
affect Borrower’s ability to pay this Note;
F, Fails to pay any taxes when due;
G. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
H. Has a receiver or liquidator appointed for any part of their business or property;
L Makes an assignment for the benefit of creditors;
J. Has any adverse change in financial condition or business operation that Lender believes may
materially affect Borrower’s ability to pay this Note;
K. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without
Lender’s prior written consent; or
L. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower’s
ability to pay this Note.
5. LENDER’S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from Borrower;
C. File suit and obtain judgment;
6. LENDER’S GENERAL POWERS:
Without notice and without Borrower’s consent, Lender may:
A. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document. If Lender incurs such expenses, it may demand immediate repayment from Borrower or
add the expenses to the principal balance;
B. Release anyone obligated to pay this Note;
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, and other
purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty,
tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any
obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower includes the successors of Borrower, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C Lender may exercise any of its rights separately or together, as many times and in any order it chooses.
Lender may delay or forgo enforcing any of its rights without giving up any of them.
D Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this
Note.
Page 2 of 4
DOJ-01-0000001522
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 33 of 78
DocuSign Envelope ID: 39C647B4-E3BD-4920-A156-65DE1367B86B
E. If any part of this Note is unenforceable, all other parts remain in effect.
F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note,
including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses
based upon any claim that Lender did not obtain any guarantee.
10. DISCLOSURES
A. This Loan is made under the terms and conditions of the PPP and SBA 7(a) Loan Program and shall be
subject to current and future regulations, guidance, statutory provisions or rules governing the PPP or
SBA 7(a) Loan Programs.
B. Forgiveness of principal under this Loan may only granted in accordance with the PPP and the CARES
Act, Lender has made no promise, guarantee, or representation to Borrower regarding forgiveness of the
principal or accrued interest under this Loan and Borrower may not rely on any statement or
representation from Lender with respect to loan forgiveness. Borrower understands that forgiveness is
only available for principal that is used of the limited purposes that qualify for forgiveness under SBA
requirements.
C. The Paycheck Protection Program Borrower Application Form (SBA Form 2483) contains certain
statements, including the Statements Required by Law and Executive Orders and the Debarment and
Suspension Executive Order and by executing below the Borrower is confirming to have read and
understood the statements included in the Application Form.
D. Borrower understands and acknowledges that not more than 25% of the amount forgiven can be
attributable to non-payroll costs.
E. Borrower understands and agrees that forgiveness is not automatic and Borrower must request it.
11. CERTIFICATIONS
By signing below, Borrower certifies, represents, warrants, and agrees:
A. All certifications, authorizations, and representations made by Borrower and/or the authorized
representative of Borrower in the Paycheck Protection Program Borrower Application Form (SBA Form
2483) submitted to Lender remain true and accurate as of the date of this Note.
B. The proceeds of such Loan are intended to be used for payroll costs; costs related to the continuation of
group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums;
employee salaries, commissions, or similar compensations; payments of interest on mortgage obligations
(which shall not include any prepayment of or payment of principal on a mortgage obligation); rent
(including rent under a lease agreement); utilities; interest on any other debt obligations that were incurred
before February 15, 2020, and as otherwise permitted under the CARES Act, as amended and/or modified.
C. No parts of the proceeds of such Loan will be used for personal, family or household purposes.
D. The undersigned is exercising and will continue to exercise actual control over the managerial decisions
of the Borrower concerning the use of funds and/or credit to be derived from the Loan.
E. The undersigned hereby agrees to promptly correct any defect, error or omission, or provide any
documentation requested or required, upon request of Lender or SBA, which may be discovered in the
contents of any loan documentation, the application or in the execution or acknowledgment thereof, and
will execute, or re-execute, acknowledge and deliver such further instruments and do such further acts as
may be necessary or reasonably requested by Lender to satisfy the terms and conditions of this Loan,
and/or the requirements of PPP, SBA, or Treasury, as applicable.
F, The execution of this Note and any related loan documents prior to completion of all of Lender’s
conditions may be permitted as an accommodation to Borrower. Lender shall not be obligated to fund
the Loan until Lender receives and satisfies all of its loan conditions and requirements under applicable
rule or law and receives all documents it deems necessary, including but not limited to the satisfactory
evidence and documentation of payroll costs supporting the requested Loan and any forms to be
completed by Lender, including SBA Form 2484.
G. If the Borrower is an entity, the undersigned is authorized and empowered to execute and deliver this
Note to Lender, any required corporate or company action necessary to authorize the Loan has been duly
completed or performed, and the actions taken herein are hereby ratified and confirmed.
12. STATE-SPECIFIC PROVISIONS:
Page 3 of 4
DOJ-01-0000001523
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 34 of 78
DocuSign Envelope ID: 39C647B4-E3BD-4920-A156-65DE1367B86B
13. BORROWER’S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
BORROWER:
The A Team Holdings LLC
DocuSigned by:
Page 4 of 4
DOJ-01-0000001524
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 35 of 78
DocuSign Envelope ID: 39C647B4-E3BD-4920-A156-65DE1367B86B
Authorization Agreement for Automated Clearing House Payments
Customer Name: = the A Team Holdings LLC
Loan Number: 6351617108
In this Authorization, “You” and “Your” refer to the Borrower. “We”, “Us” and “Our” refers to
ReadyCap Lending, LLC or any of its affiliates, subsidiaries or assignees.
You authorize us to automatically withdraw from the checking account set forth below (the
“Account”), on day 1 of each month (the “Due Date”) , an amount equal to the recurring scheduled
monthly payment (the “Monthly Payment”) due on the loan referenced above (the “Loan”). If the
Due Date falls on a Saturday, Sunday or Federal Banking Holiday, the Monthly Payment will be
withdrawn on the next business day. The Monthly Payment may change from time-to-time in
accordance with the terms of the Promissory Note. We will give you notice of the amount of the
Monthly Payment by sending a statement to you at least ten calendar days before the Due Date each
month.
You acknowledge that you will be responsible for all bank charges we incur if the Account has
insufficient funds to pay the Monthly Payment on the Due Date.
Additionally, you authorize us to deposit your SBA PPP funds into this same account.
Please include a sample check from the account to be charged with your
completed form.
Financial Institution : ~~ Wells Fargo Bank NA
Routing Number : 125008547
We shall have the right to make such Monthly Payment withdrawals from the Account until ten (10)
days after either you or we have delivered to the other party written notice of the termination of this
authorization letter. You may give us notice terminating this authorization letter by sending a fax to:
973-577-4750 Attn: Customer Service.
DocuSigned by:
ene Shibley 4/23/2020
Eric Shibley Manager 4/23/2020
Print Name and Title Date
Attach your business voided
check or bank letter below
G
200 Connell Drive, Suite 4000, Berkeley Heights, New Jersey 07922
Email: pagcustservice@rclending.com
Fax: 973-577-4750
DOJ-01-0000001525
Case 2:20-cr-00174-JCC Document 137-1
Certificate Of Completion
Envelope Id: 39C647B4E3BD4920A15665DE1367B86B
Subject: Documents for your DocuSign Signature
Source Envelope:
Document Pages: 6
Certificate Pages: 4
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 2
Initials: 0
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status; Original
4/23/2020 9:35:18 AM
Signer Events
Eric Shibley
shibleymedical@outlook.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/23/2020 11:22:51 AM
ID: 2d3d3c0c-9b3a-4c3a-94df-d2a2ee80154b
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Holder: Jill Bochte
uw-1-10@ppp.readycapital.com
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 73.109.30,232
Signature
Status
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
Filed 11/26/21
Page 37 of 78
Status: Completed
Envelope Originator:
Jill Bochte
200 Connell Drive, Suite 4000
Berkeley Heights, NJ 07922
uw-1-10@ppp.readycapital.com
IP Address: 13.110.14.8
Location: DocuSign
Timestamp
Sent: 4/23/2020 9:36:21 AM
Viewed: 4/23/2020 11:22:51 AM
Signed: 4/23/2020 11:24:56 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamps
4/23/2020 9:36:21 AM
4/23/2020 11:22:52 AM
4/23/2020 11:24:56 AM
4/23/2020 11:24:56 AM
Timestamps
DOJ-01-0000001400
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 38 of 78
Electronic Record and Signature Disclosure created on: 3/24/2016 8:53:09 AM
Parties agreed to: Eric Shibley
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, ReadyCap Lending, LLC (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the
DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below
carefully and thoroughly, and if you can access this information electronically to your
satisfaction and agree to these terms and conditions, please confirm your agreement by clicking
the ‘I agree’ button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign “Withdraw Consent’ form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
DOJ-01-0000001401
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 39 of 78
electronically from us.
How to contact ReadyCap Lending, LLC:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: raymond.cantwell @rclending.com
To advise ReadyCap Lending, LLC of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at
raymond.cantwell @rclending.com and in the body of such request you must state: your previous
e-mail address, your new e-mail address. We do not require any other information from you to
change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from ReadyCap Lending, LLC
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to raymond.cantwell @rclending.com and
in the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with ReadyCap Lending, LLC
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
1. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to raymond.cantwell @rclending.com and in the body of such request
you must state your e-mail, full name, US Postal Address, and telephone number. We do
not need any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer time
to process..
Required hardware and software
Operating Systems: Windows® 2000, Windows® XP, Windows
Vista®; Mac OS® X
Browsers: Final release versions of Internet Explorer® 6.0
or above (Windows only); Mozilla Firefox 2.0
or above (Windows and Mac); Safari™ 3.0 or
above (Mac only)
PDF Reader: Acrobat® or similar software may be required
to view and print PDF files
Screen Resolution: 800 x 600 minimum
Enabled Security Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
DOJ-01-0000001402
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 40 of 78
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the ‘I agree’ button below.
By checking the ‘I agree’ box, I confirm that:
¢ Ican access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
¢ Ican print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
¢ Until or unless I notify ReadyCap Lending, LLC as described above, I consent to receive
from exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by ReadyCap Lending, LLC during the course of my relationship with
you.
DOJ-01-0000001403
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 41 of 78
DocuSign Envelope ID: 8D5E3F82-1DC3-42FB-A056-B79D937C09FO
Account #:
K i U.S. Small Business Administration
SBA NOTE
U.S. Small Business
Paycheck Protection Program
SBA Loan # 6351617108
SBA Loan Name | The A Team Holdings LLC
Date 4/30/2020
Loan Amount $ 960000
Interest Rate 1.0 Percent Per Year
Borrower The A Team Holdings LLC
Lender Customers Bank
. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of $960000 00. interest
on the unpaid principal balance, and all other amounts required by this Note.
. DEFINITIONS:
“Loan” means the loan evidenced by this Note.
“PPP” means the Paycheck Protection Program authorized under the SBA 7(a) Loan Program and the CARES Act.
“SBA” means the Small Business Administration, an Agency of the United States of America.
. PAYMENT TERMS:
Borrower must make all payments at the place Lender or SBA designates. The payment terms for this Note are:
NOTE TERMS:
Maturity: This Note will mature 2 years from date of Note.
Repayment Terms:
The interest rate is 1.0% per year. The interest rate may only be changed in accordance with SOP 50 10, the
CARES Act. or guidance established by the SBA or U.S. Treasury.
Payments of the Loan shall be deferred for the first six (6) months following disbursement of the Loan.
Borrower must pay principal and interest payments of $54027.03 every month, beginning seven (7)
months following the date of disbursement of the Loan; payments must be made on the first (1) calendar
day in the months they are due. Interest shall continue to accrue during the six (6) month deferment.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the
payment, then to bring principal current and will apply any remaining balance to reduce principal.
This Loan is made under the provisions of the PPP, 7(a) Loan Program and the CARES Act. The principal
under this Note may be reduced or forgiven in accordance with the loan forgiveness provisions of the CARES
Act and regulations or requirements established by SBA and the U.S. Treasury. The principal of this Note
is not be deemed forgiven or reduced until documented in a writing, signed by Lender or the SBA. Interest
under this loan will not be forgiven but payments for interest may be made by SBA.
Lender shall notify Borrower of its determination of debt forgiveness and of any remaining balance which
DOJ-01-0000001518
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 42 of 78
DocuSign Envelope ID: 8D5E3F82-1DC3-42FB-A056-B79D937C09FO
shall continue to be due and owing under the Note (the “Remaining Obligations”). Borrower must pay
principal and interest payments on the Remaining Obligations, in an amount calculated by the Lender, which
will amortize the Remaining Obligations, plus interest, amortized over the remaining eighteen (18) months
of this Note. Principal and interest payments on the Remaining Obligations shall begin on the date which
is seven (7) months from the date of this Note and shall continue on the same date of each of the seventeen
(17) consecutive months thereafter. BORROWER AGREES THAT THE MONTHLY PRINCIPAL
AND INTEREST PAYMENTS PROVIDED BY LENDER TO BORROWER TO SATISFY THE
REMAINING OBLIGATIONS SHALL BE BINDING UPON THE BORROWER AND GIVEN THE
SAME LEGAL EFFECT AS IF THE SPECIFIC AMOUNT OF THE PRINCIPAL AND INTEREST
PAYMENTS WERE SET FORTH IN THIS NOTE.
Loan Prepayment:
No prepayment fee will be due under the terms of this Note.
All remaining principal and accrued interest is due and payable 2 years from date of Note.
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower:
Fails to do anything required by this Note;
Defaults on any other loan with Lender;
Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or
SBA;
Makes, or anyone acting on their behalf makes, a materially false or misleading representation to
Lender or SBA;
Defaults on any loan or agreement with another creditor, if Lender believes the default may materially
affect Borrower’s ability to pay this Note;
Fails to pay any taxes when due;
Becomes the subject of a proceeding under any bankruptcy or insolvency law;
Has a receiver or liquidator appointed for any part of their business or property;
Makes an assignment for the benefit of creditors;
Has any adverse change in financial condition or business operation that Lender believes may
materially affect Borrower’s ability to pay this Note;
Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without
Lender’s prior written consent; or
Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower’s
ability to pay this Note.
5. LENDER’S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A.
B.
C.
Require immediate payment of all amounts owing under this Note;
Collect all amounts owing from Borrower;
File suit and obtain judgment;
6. LENDER’S GENERAL POWERS:
Without notice and without Borrower’s consent, Lender may:
A.
B.
Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document. If Lender incurs such expenses, it may demand immediate repayment from Borrower or
add the expenses to the principal balance;
Release anyone obligated to pay this Note;
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, and other
purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty,
tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any
obligation, defeat any claim of SBA, or preempt federal law.
Page 2 of 4
DOJ-01-0000001519
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 43 of 78
DocuSign Envelope ID: 8D5E3F82-1DC3-42FB-A056-B79D937C09FO
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower includes the successors of Borrower, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C Lender may exercise any of its rights separately or together, as many times and in any order it chooses.
Lender may delay or forgo enforcing any of its rights without giving up any of them.
D Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this
Note.
If any part of this Note is unenforceable, all other parts remain in effect.
To the extent allowed by law, Borrower waives all demands and notices in connection with this Note,
including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses
based upon any claim that Lender did not obtain any guarantee.
10. DISCLOSURES
A. This Loan is made under the terms and conditions of the PPP and SBA 7(a) Loan Program and shall be
subject to current and future regulations, guidance, statutory provisions or rules governing the PPP or
SBA 7(a) Loan Programs.
B. Forgiveness of principal under this Loan may only granted in accordance with the PPP and the CARES
Act, Lender has made no promise, guarantee, or representation to Borrower regarding forgiveness of the
principal or accrued interest under this Loan and Borrower may not rely on any statement or
representation from Lender with respect to loan forgiveness. Borrower understands that forgiveness is
only available for principal that is used of the limited purposes that qualify for forgiveness under SBA
requirements.
C. The Paycheck Protection Program Borrower Application Form (SBA Form 2483) contains certain
statements, including the Statements Required by Law and Executive Orders and the Debarment and
Suspension Executive Order and by executing below the Borrower is confirming to have read and
understood the statements included in the Application Form.
D. Borrower understands and acknowledges that not more than 25% of the amount forgiven can be
attributable to non-payroll costs.
E. Borrower understands and agrees that forgiveness is not automatic and Borrower must request it.
11. CERTIFICATIONS
By signing below, Borrower certifies, represents, warrants, and agrees:
A. All certifications, authorizations, and representations made by Borrower and/or the authorized
representative of Borrower in the Paycheck Protection Program Borrower Application Form (SBA Form
2483) submitted to Lender remain true and accurate as of the date of this Note.
B. The proceeds of such Loan are intended to be used for payroll costs; costs related to the continuation of
group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums;
employee salaries, commissions, or similar compensations; payments of interest on mortgage obligations
(which shall not include any prepayment of or payment of principal on a mortgage obligation); rent
(including rent under a lease agreement); utilities; interest on any other debt obligations that were incurred
before February 15, 2020, and as otherwise permitted under the CARES Act, as amended and/or modified.
C. No parts of the proceeds of such Loan will be used for personal, family or household purposes.
D. The undersigned is exercising and will continue to exercise actual control over the managerial decisions
of the Borrower concerning the use of funds and/or credit to be derived from the Loan.
E. The undersigned hereby agrees to promptly correct any defect, error or omission, or provide any
documentation requested or required, upon request of Lender or SBA, which may be discovered in the
contents of any loan documentation, the application or in the execution or acknowledgment thereof, and
will execute, or re-execute, acknowledge and deliver such further instruments and do such further acts as
may be necessary or reasonably requested by Lender to satisfy the terms and conditions of this Loan,
and/or the requirements of PPP, SBA, or Treasury, as applicable.
F, The execution of this Note and any related loan documents prior to completion of all of Lender’s
conditions may be permitted as an accommodation to Borrower. Lender shall not be obligated to fund
the Loan until Lender receives and satisfies all of its loan conditions and requirements under applicable
rule or law and receives all documents it deems necessary, including but not limited to the satisfactory
evidence and documentation of payroll costs supporting the requested Loan and any forms to be
completed by Lender, including SBA Form 2484.
Page 3 of 4
DOJ-01-0000001520
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 44 of 78
DocuSign Envelope ID: 8D5E3F82-1DC3-42FB-A056-B79D937C09FO
G. If the Borrower is an entity, the undersigned is authorized and empowered to execute and deliver this
Note to Lender, any required corporate or company action necessary to authorize the Loan has been duly
completed or performed, and the actions taken herein are hereby ratified and confirmed.
12. STATE-SPECIFIC PROVISIONS:
13. BORROWER’S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
BORROWER:
The A Team Holdings LLC
‘DocuSigned by:
Page 4 of 4
DOJ-01-0000001521
Case 2:20-cr-00174-JCC Document 137-1
Certificate Of Completion
Envelope Id: 805E3F821DC342FBA056B79D937C09FO
Subject: Updated Note, Please Sign to Receive PPP Funds
Source Envelope:
Document Pages: 4
Certificate Pages: 4
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 1
Initials; 0
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
4/30/2020 6:20:25 PM
Signer Events
Eric Shibley
shibleymedical@outlook.com
Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/30/2020 6:21:30 PM
Company Name: ReadyCap Lending, LLC
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Holder: Underwriting
underwriting@ibusinessfunding.com
Signature
DocuSigned by:
Signature Adoption: Drawn on Device
Using IP Address: 172.58.46.243
Signed using mobile
Signature
Status
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
Filed 11/26/21
Page 45 of 78
Status: Completed
Envelope Originator:
Underwriting
200 Connell Drive, Suite 4000
Berkeley Heights, NJ 07922
underwriting@ibusinessfunding.com
IP Address: 170.55,65,210
Location: DocuSign
Timestamp
Sent: 4/30/2020 6:20:35 PM
Viewed: 4/30/2020 6:21:30 PM
Signed: 4/30/2020 6:22:30 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamps
4/30/2020 6:20:36 PM
4/30/2020 6:21:30 PM
4/30/2020 6:22:30 PM
4/30/2020 6:22:30 PM
Timestamps
DOJ-01-0000001392
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 46 of 78
Electronic Record and Signature Disclosure created on: 4/30/2020 2:20:19 PM
Parties agreed to: Eric Shibley
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, ReadyCap Lending, LLC (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the
DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below
carefully and thoroughly, and if you can access this information electronically to your
satisfaction and agree to these terms and conditions, please confirm your agreement by clicking
the ‘I agree’ button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
DOJ-01-0000001393
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 47 of 78
How to contact ReadyCap Lending, LLC:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: raymond.cantwell@rclending.com
To advise ReadyCap Lending, LLC of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at
raymond.cantwell@rclending.com and in the body of such request you must state: your previous
e-mail address, your new e-mail address. We do not require any other information from you to
change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from ReadyCap Lending, LLC
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to raymond.cantwell@rclending.com and
in the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with ReadyCap Lending, LLC
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to raymond.cantwell@rclending.com and in the body of such request
you must state your e-mail, full name, US Postal Address, and telephone number. We do
not need any other information from you to withdraw consent.. The consequences of
your withdrawing consent for online documents will be that transactions may take a
longer time to process..
Required hardware and software
Operating Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Systems:
Final release versions of Internet Explorer® 6.0 or above (Windows only);
Browsers: Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above
(Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
DOJ-01-0000001394
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 48 of 78
Screen 800 x 600 minimum
Resolution:
Enabled Security Allow per session cookies
Settings:
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the ‘I agree’ button below.
By checking the ‘I agree’ box, I confirm that:
e Ican access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
e [can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
e Until or unless I notify ReadyCap Lending, LLC as described above, I consent to receive
from exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by ReadyCap Lending, LLC during the course of my relationship with
you.
DOJ-01-0000001395
Case 2:20-cr-00174-JCC Document 137-1
Filed 11/26/21
Paycheck Protection Program
Borrower Application Form
Page 49 of 78
Check One
Sole Proprietor
Independent Contractor
501(c)(3) nonprofit
Partnership C-Corp S-Corp v LLC
Eligible Self-Employed Individual
501(c)(19) veterans organizations
DBA or Tradename if Applicable
Equals Loan Request:
Tribal business (sec. 31(b)(2)(C) of Small Business Act) Other
Business Legal Name
Seattle's Finest Cannabis LLC
Business Address Business TIN (EIN, SSN) Business Phone
HE 580 (206) 938-4291
4700 36th Ave SW, Seattle, WA 98126 Primary Contact Email Address
Eric Shibley shibley98271@gmail.com
Average Monthly x 2.5 + EIDL, Net of Number of Employees:
Payroll: $40,000.00 Advance (if Applicable) | $100,000.00 6
Purpose of the loan
(select more than one):
v Payroll v Lease / Mortgage Interest v Utilities v Other (explain): employee benefits
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)
Address
Eric Shibley
Manager 100.00% a 50.64
4700 36th Ave SW, Seattle, WA, 98126
If questions (1) or (2) below are answered “Yes,” the loan will not be approved.
2020? If yes, provide details on a separate sheet identified as addendum B.
Question Yes No
Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared
1. ineligible, voluntarily excluded from participation in this transaction by any Federal department or agency, or v
presently involved in any bankruptcy?
Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever
2. obtained a direct or guaranteed loan from SBA or any other Federal agency that is currently delinquent or has v
defaulted in the last 7 years and caused a loss to the government?
Is the Applicant or any owner of the Applicant an owner of any other business, or have common management
3. with, any other business? If yes, list all such businesses and describe the relationship on a separate sheet ¥
identified as addendum A.
4 Has the Applicant received an SBA Economic Injury Disaster Loan between January 31, 2020 and April 3, WA
If questions (5) or (6) are answered “Yes,” the loan will not be approved
SBA Form 2484 (Revised 4/20) 1
U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 2
Admitted
DOJ-01-0000004423
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 50 of 78
Paycheck Protection Program
Borrower Application Form
Question Yes No
Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant subject
5. to an indictment, criminal information, arraignment, or other means by which formal criminal charges are v
brought in any jurisdiction, or presently incarcerated, or on probation or parole?
Initial here to confirm your response to question 5 - ers
Within the last 5 years, for any felony, has the Applicant (if an individual) or any owner of the Applicant 1)
6. been convicted; 2) pleaded guilty; 3) pleaded nolo contendere; 4) been placed on pretrial diversion; or 5) been v
placed on any form of parole or probation (including probation before judgment)?
Initial here to confirm your response to question 6 - ers
7 Is the United States the principal place of residence for all employees of the Applicant included in the WA
* Applicant’s payroll calculation above?
8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? v
By Signing Below, You Make the Following Representations, Authorizations, and Certifications
CERTIFICATIONS AND AUTHORIZATIONS
I certify that:
« Thave 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) implementing the Paycheck Protection Program under Division A, Title I of the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act) (the Paycheck Protection Program Rule).
The Applicant (1) is an independent contractor, eligible self-employed individual, or sole proprietor or (2) employs no more than the greater of
« 500 or employees or, if applicable, the size standard in number of employees established by the SBA in 13 C.F.R. 121.201 for the Applicant’s
industry.
* — I will comply, whenever applicable, with the civil rights and other limitations in this form.
All SBA loan proceeds will be used only for business-related purposes as specified in the loan application and consistent with the Paycheck
Protection Program Rule.
* To the extent feasible, I will purchase only American-made equipment and products.
* The Applicant is not engaged in any activity that is illegal under federal, state or local law.
Any loan received by the Applicant under 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 loans under the Paycheck Protection Program Rule.
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.
CERTIFICATIONS
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:
SBA Form 2484 (Revised 4/20) 2
DOJ-01-0000004424
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 51 of 78
Paycheck Protection Program
Borrower Application Form
The Applicant was in operation on February 15, 2020 and had employees for whom it paid salaries and payroll taxes or paid independent
contractors, as reported on Form(s) 1099-MISC.
ers 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 mortgage interest payments, lease payments, and utility payments, as
ers specified under the Paycheck Protection Program Rule; 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.
The Applicant will provide to the Lender documentation verifying the number of full-time equivalent employees on the Applicant’s payroll as
ers well as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities for the
eight-week period following this loan.
I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered rent
payments, and covered utilities, and not more than 25% of the forgiven amount may be for non-payroll costs.
During the period beginning on February 15, 2020 and ending on December 31, 2020, the Applicant has not and will not receive another loan
under the Paycheck Protection Program.
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
ers under the law, including under 18 USC 1001 and 3571 by imprisonment of not more than five years and/or a fine of up to $250,000; under 15
USC 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 USC 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
ers 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.
Eric R Shibley 04/25/2020
Signature of Authorized Representative of Applicant Date
Eric Shibley
Print Name Title
SBA Form 2484 (Revised 4/20) 3
DOJ-01-0000004425
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 52 of 78
Paycheck Protection Program
Borrower Application Form
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
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; allowance for
separation or dismissal; payment for the provision of employee benefits consisting of group health care coverage, including insurance premiums, and
retirement; 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, excluding costs over $100,000
on an annualized basis for each employee. For seasonal businesses, the Applicant may elect to instead use average monthly payroll for the time period
between February 15, 2019 and June 30, 2019, excluding costs over $100,000 on an annualized basis for each employee. For new businesses, average
monthly payroll may be calculated us
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, less the amount of any “advance” under an EIDL COVID-19 loan, to Loan Request as indicated on the form.
All parties listed below are considered owners of the Applicant as defined in 13 CFR § 120.10, as well as “principals”:
® 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).
Paperwork Reduction Act 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.
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 USC Section
636(a)(1)(B) of the Small Business Act (the 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 Act 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) foreclose on collateral or 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.
SBA Form 2484 (Revised 4/20) 4
DOJ-01-0000004426
Case 2:20-cr-00174-JCC Document137-1 Filed 11/26/21 Page 53 of 78
Paycheck Protection Program
Borrower Application Form
Freedom of Information Act (5 U.S.C. 552) - Subject to certain exceptions, SBA must supply information reflected in agency files and records to a
person requesting it. Information about approved loans that will be automatically 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 (and their officers, directors,
stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms and the maturity. 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, forced to cease operations, or prevented from
starting operations. 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.
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 CFR Part 180 and Part 2700) - By submitting this loan application, you certify that neither
the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or voluntarily excluded
from participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final determination still pending; (c) indicted,
convicted, or had a civil judgment rendered against you for any of the offenses listed in the regulations or (d) delinquent on any amounts owed to the
U.S. Government or its instrumentalities as of the date of execution of this certification.
SBA Form 2484 (Revised 4/20) 5
DOJ-01-0000004427
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 56 of 78
. ¥ai TRS DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
Date of this notice: 11-13-2017
— Identification Number:
580
Form: SS-4
Number of this notice: CP 575 A
SEATTLE S FINEST CANNABIS LLC
ERIC R SHIBLEY SOLE MBR
4700 36TH AVE SW For assistance you may call us at:
SEATTLE, WA 98126 1-800-829-4933
IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN). We assigned you
EIN MMMMMMs580. This EIN will identify you, your business accounts, tax returns, and
documents, even if you have no employees. Please keep this notice in your permanent
records.
When filing tax documents, payments, and related correspondence, it is very important
that you use your EIN and complete name and address exactly as shown above. Any variation
May cause a delay in processing, result in incorrect information in your account, or even
Cause you to be assigned more than one EIN. If the information is not correct as shown
above, please make the correction using the attached tear off stub and return it to us.
Based on the information received from you or your representative, you must file
the following form(s) by the date(s) shown.
Form 941 01/31/2018
Form 940 01/31/2018
If you have questions about the form(s) or the due date(s) shown, you can call us at
the phone number or write to us at the address shown at the top of this notice. If you
need help in determining your annual accounting period (tax year), see Publication 538,
Accounting Periods and Methods.
We assigned you a tax classification based on information obtained from you or your
representative. It is not a legal determination of your tax classification, and is not
binding on the IRS. If you want a legal determination of your tax classification, you may
request a private letter ruling from the IRS under the Quidelines in Revenue Procedure
2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note:
Certain tax classification elections can be requested by filing Form 8832, Entity
Classification Election. See Form 8832 and its instructions for additional information.
If you are required to deposit for employment taxes (Forms 941, 943, $40, 944, 945,
CT-i, or 1042), excise taxes (Form 720), or income taxes (Form 1120), you will receive a
Welcome Package shortly, which includes instructions for making your deposits
electronically through the Electronic Federal Tax Payment System (EFTPS). A Personal
Identification Number (PIN) for EFTPS will also be sent to you under separate cover.
Please activate the PIN once you receive it, even if you have requested the services of a
tax professional or representative. For more information about EFTPS, refer to
Publication 966, Electronic Choices to Pay All Your Federal Taxes. If you need to
make a deposit immediately, you will need to make arrangements with your Financial
Institution to complete a wire transfer.
DOJ-01-0000004428
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 57 of 78
(IRS USE ONLY) 575A 11-13-2017 SBAT B 9999999999 ss-4
obligations. If you need help completing your returns or meeting your tax obligations,
Authorized e-file Providers, such as Reporting Agents (payroll service providers) are
available to assist you. Visit the IRS Web site at www.irs.gov for a list of companies
that offer IRS e-file for business products and services. The list provides addresses,
telephone numbers, and links to their Web sites.
To obtain tax forms and publications, including those referenced in this notice,
visit our Web site at www.irs.gov. If you do not have access to the Internet, call
1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.
IMPORTANT REMINDERS :
* Keep a copy of this notice in your permanent records. This notice is issued only
one time and the IRS will not be able to generate a duplicate copy for you. You
may give a copy of this document to anyone asking for proof of your EIN.
* Use this EIN and your name exactly as they appear at the top of this notice on all
your federal tax forms.
* Refer to this EIN on your tax-related correspondence and documents.
If you have questions about your EIN, you can call us at the phone number or write to
us at the address shown at the top of this notice. If you write, Please tear off the stub
at the bottom of this notice and send it along with your letter. If you do not need to
write us, do not complete and return the stub.
Your name control associated with this EIN is SEAT. You will need to provide this
information, along with your EIN, if you file your returns electronically.
Thank you for your cooperation.
Keep this part for your records. CP 575 A (Rev. 7-2007)
Return this part with any correspondence
SO we may identify your account. Please CP S75 A
correct any errors in your name or address.
9999999999
Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 11-13-2017
( ) - EMPLOYER IDENTIFICATION NUMBER: [§bSso
FORM: SS-4 NOBOD
INTERNAL REVENUE SERVICE SEATTLE S FINEST CANNABIS LLC
CINCINNATI OH 45999-0023 ERIC R SHIBLEY SOLE MBR
DOJ-01-0000004429
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 58 of 78
Operating Agreement
Seattle's Finest Cannabis, LLC,
a Washington Limited Liability Company
THIS OPERATING AGREEMENT of Seattle's Finest Cannabis, LLC (the
“Company”) is entered into as of the date set forth on the signature page of this
Agreement by each of the Members listed on Exhibit A of this Agreement.
A. _ The Members have formed the Company as a Washington limited liability
company under the Washington Limited Liability Company Act. The purpose of the
Company is to conduct any lawful business for which limited liability companies may
be organized under the laws of the state of Washington. The Members hereby adopt
and approve the certificate of formation of the Company filed with the Washington
Secretary of State.
B. The Members enter into this Agreement to provide for the governance of
the Company and the conduct of its business, and to specify their relative rights and
obligations.
ARTICLE 1: DEFINITIONS
Capitalized terms used in this Agreement have the meanings specified in this
Article 1 or elsewhere in this Agreement and if not so specified, have the meanings set
forth in the Washington Limited Liability Company Act.
“Agreement” means this Operating Agreement of the Company, as may be
amended from time to time.
“Capital Account” means, with respect to any Member, an account consisting of
such Member's Capital Contribution, (1) increased by such Member's allocated share of
income and gain, (2) decreased by such Member's share of losses and deductions,
(3) decreased by any distributions made by the Company to such Member, and
(4) otherwise adjusted as required in accordance with applicable tax laws.
DOJ-01-0000004430
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 59 of 78
“Capital Contribution” means, with respect to any Member, the total value of
(1) cash and the fair market value of property other than cash and (2) services that are
contributed and/or agreed to be contributed to the Company by such Member, as listed
on Exhibit A, as may be updated from time to time according to the terms of this
Agreement.
“Exhibit” means a document attached to this Agreement labeled as “Exhibit A,”
“Exhibit B,” and so forth, as such document may be amended, updated, or replaced
from time to time according to the terms of this Agreement.
“Member” means each Person who acquires Membership Interest pursuant to
this Agreement. The Members are listed on Exhibit A, as may be updated from time to
time according to the terms of this Agreement. Each Member has the rights and
obligations specified in this Agreement.
“Membership Interest” means the entire ownership interest of a Member in the
Company at any particular time, including the right to any and all benefits to which a
Member may be entitled as provided in this Agreement and under the Washington
Limited Liability Company Act, together with the obligations of the Member to comply
with all of the terms and provisions of this Agreement.
“Ownership Interest” means the Percentage Interest or Units, as applicable,
based on the manner in which relative ownership of the Company is divided.
“Percentage Interest” means the percentage of ownership in the Company that,
with respect to each Member, entitles the Member to a Membership Interest and is
expressed as either:
A. If ownership in the Company is expressed in terms of percentage, the
percentage set forth opposite the name of each Member on Exhibit A, as may be
adjusted from time to time pursuant to this Agreement; or
B. If ownership in the Company is expressed in Units, the ratio, expressed as
a percentage, of:
(1) the number of Units owned by the Member (expressed as “MU” in
the equation below) divided by
DOJ-01-0000004431
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 60 of 78
(2) _ the total number of Units owned by all of the Members of the
Company (expressed as “TU” in the equation below).
Percentage Interest = ered
TU
“Person” means an individual (natural person), partnership, limited partnership,
trust, estate, association, corporation, limited liability company, or other entity, whether
domestic or foreign.
“Units” mean, if ownership in the Company is expressed in Units, units of
ownership in the Company, that, with respect to each Member, entitles the Member to a
Membership Interest which, if applicable, is expressed as the number of Units set forth
opposite the name of each Member on Exhibit A, as may be adjusted from time to time
pursuant to this Agreement.
ARTICLE 2: CAPITAL CONTRIBUTIONS, ADDITIONAL MEMBERS,
CAPITAL ACCOUNTS AND LIMITED LIABILITY
2.1 Initial Capital Contributions. The names of all Members and each of their
respective addresses, initial Capital Contributions, and Ownership Interests must be set
forth on Exhibit A. Each Member has made or agrees to make the initial Capital
Contribution set forth next to such Member's name on Exhibit A to become a Member
of the Company.
2.2 Subsequent Capital Contributions. Members are not obligated to make
additional Capital Contributions unless unanimously agreed by all the Members. If
subsequent Capital Contributions are unanimously agreed by all the Members in a
consent in writing, the Members may make such additional Capital Contributions on a
pro rata basis in accordance with each Member's respective Percentage Interest or as
otherwise unanimously agreed by the Members.
2.3 Additional Members.
A. With the exception of a transfer of interest (1) governed by Article 7 of this
Agreement or (2) otherwise expressly authorized by this Agreement, additional Persons
may become Members of the Company and be issued additional Ownership Interests
only if approved by and on terms determined by a unanimous written agreement
signed by all of the existing Members.
DOJ-01-0000004432
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 61 of 78
B. Before a Person may be admitted as a Member of the Company, that
Person must sign and deliver to the Company the documents and instruments, in the
form and containing the information required by the Company, that the Members deem
necessary or desirable. Membership Interests of new Members will be allocated
according to the terms of this Agreement.
2.4 Capital Accounts. Individual Capital Accounts must be maintained for each
Member, unless (a) there is only one Member of the Company and (b) the Company is
exempt according to applicable tax laws, Capital Accounts must be maintained in
accordance with all applicable tax laws.
2.5 Interest. No interest will be paid by the Company or otherwise on Capital
Contributions or on the balance of a Member's Capital Account.
2.6 Limited Liability; No Authority. A Member will not be bound by, or be
personally liable for, the expenses, liabilities, debts, contracts, or obligations of the
Company, except as otherwise provided in this Agreement or as required by the
Washington Limited Liability Company Act. Unless expressly provided in this
Agreement, no Member, acting alone, has any authority to undertake or assume any
obligation, debt, or responsibility, or otherwise act on behalf of, the Company or any
other Member.
ARTICLE 3: ALLOCATIONS AND DISTRIBUTIONS
3.1 Allocations. Unless otherwise agreed to by the unanimous consent of the
Members any income, gain, loss, deduction, or credit of the Company will be allocated
for accounting and tax purposes on a pro rata basis in proportion to the respective
Percentage Interest held by each Member and in compliance with applicable tax laws.
3.2 Distributions. The Company will have the right to make distributions of
cash and property to the Members on a pro rata basis in proportion to the respective
Percentage Interest held by each Member. The timing and amount of distributions will
be determined by the Members in accordance with the Washington Limited Liability
Company Act.
3.3. Limitations on Distributions. The Company must not make a distribution
to a Member if, after giving effect to the distribution:
A, The Company would be unable to pay its debts as they become due in the
usual course of business; or
-4-
DOJ-01-0000004433
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 62 of 78
B. The fair value of the Company’s total assets would be less than the sum of
its total liabilities plus the amount that would be needed, if the Company were to be
dissolved at the time of the distribution, to satisfy the preferential rights upon
dissolution of Members, if any, whose preferential rights are superior to those of the
Members receiving the distribution.
ARTICLE 4: MANAGEMENT
4.1 Management.
A. _ Generally. Subject to the terms of this Agreement and the Washington
Limited Liability Company Act, the business and affairs of the Company will be
managed by the Members.
B. Approval and Action. Unless greater or other authorization is required
pursuant to this Agreement or under the Washington Limited Liability Company Act
for the Company to engage in an activity or transaction, all activities or transactions
must be approved by the Members, to constitute the act of the Company or serve to
bind the Company. With such approval, the signature of any Members authorized to
sign on behalf of the Company is sufficient to bind the Company with respect to the
matter or matters so approved. Without such approval, no Members acting alone may
bind the Company to any agreement with or obligation to any third party or represent
or claim to have the ability to so bind the Company.
C. Certain Decisions Requiring Greater Authorization. Notwithstanding
clause B above, the following matters require unanimous approval of the Members ina
consent in writing to constitute an act of the Company:
(i) A material change in the purposes or the nature of the Company’s
business;
(ii) | With the exception of a transfer of interest governed by Article 7 of
this Agreement, the admission of a new Member or a change in any
Member’s Membership Interest, Ownership Interest, Percentage
Interest, or Voting Interest in any manner other than in accordance
with this Agreement;
(iii) The merger of the Company with any other entity or the sale of all
or substantially all of the Company’s assets; and
Sa
DOJ-01-0000004434
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 63 of 78
(iv) The amendment of this Agreement.
4.2 Officers. The Members are authorized to appoint one or more officers from
time to time. The officers will have the titles, the authority, exercise the powers, and
perform the duties that the Members determine from time to time. Each officer will
continue to perform and hold office until such time as (a) the officer’s successor is
chosen and appointed by the Members; or (b) the officer is dismissed or terminated by
the Members, which termination will be subject to applicable law and, if an effective
employment agreement exists between the officer and the Company, the employment
agreement. Subject to applicable law and the employment agreement (if any), each
officer will serve at the direction of Members, and may be terminated, at any time and
for any reason, by the Members.
ARTICLE 5: ACCOUNTS AND ACCOUNTING
5.1 Accounts. The Company must maintain complete accounting records of the
Company’s business, including a full and accurate record of each Company transaction.
The records must be kept at the Company’s principal executive office and must be open
to inspection and copying by Members during normal business hours upon reasonable
notice by the Members wishing to inspect or copy the records or their authorized
representatives, for purposes reasonably related to the Membership Interest of such
Members. The costs of inspection and copying will be borne by the respective Member.
5.2 Records. The Members will keep or cause the Company to keep the
following business records.
(i) An up to date list of the Members, each of their respective full legal
names, last known business or residence address, Capital
Contributions, the amount and terms of any agreed upon future
Capital Contributions, and Ownership Interests, and Voting
Interests;
(ii) | A copy of the Company’s federal, state, and local tax information
and income tax returns and reports, if any, for the six most recent
taxable years;
(iii) A copy of the certificate of formation of the Company, as may be
amended from time to time (“Certificate of Formation”); and
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(iv) An original signed copy, which may include counterpart
signatures, of this Agreement, and any amendments to this
Agreement, signed by all then-current Members.
5.3 Income Tax Returns. Within 45 days after the end of each taxable year, the
Company will use its best efforts to send each of the Members all information necessary
for the Members to complete their federal and state tax information, returns, and
reports and a copy of the Company’s federal, state, and local tax information or income
tax returns and reports for such year.
5.4 Subchapter S Election. The Company may, upon unanimous consent of the
Members, elect to be treated for income tax purposes as an S Corporation. This
designation may be changed as permitted under the Internal Revenue Code
Section 1362(d) and applicable Regulations.
5.5 Tax Matters Member. Anytime the Company is required to designate or
select a tax matters partner pursuant to Section 6231(a)(7) of the Internal Revenue Code
and any regulations issued by the Internal Revenue Service, the Members must
designate one of the Members as the tax matters partner of the Company and keep such
designation in effect at all times.
5.6 Banking. All funds of the Company must be deposited in one or more bank
accounts in the name of the Company with one or more recognized financial
institutions. The Members are authorized to establish such accounts and complete, sign,
and deliver any banking resolutions reasonably required by the respective financial
institutions in order to establish an account.
ARTICLE 6: MEMBERSHIP - VOTING AND MEETINGS
6.1 Members and Voting Rights. The Members have the right and power to
vote on all matters with respect to which the Certificate of Formation, this Agreement,
or the Washington Limited Liability Company Act requires or permits. Unless
otherwise stated in this Agreement (for example, in Section 4.1(c)) or required under the
Washington Limited Liability Company Act, the vote of the Members holding at least a
majority of the Voting Interest of the Company is required to approve or carry out an
action.
6.2 Meetings of Members. Annual, regular, or special meetings of the Members
are not required but may be held at such time and place as the Members deem
necessary or desirable for the reasonable management of the Company. A written notice
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setting forth the date, time, and location of a meeting must be sent within a reasonable
period of time before the date of the meeting to each Member entitled to vote at the
meeting. A Member may waive notice of a meeting by sending a signed waiver to the
Company’s principal executive office or as otherwise provided in the Washington
Limited Liability Company Act. In any instance in which the approval of the Members
is required under this Agreement, such approval may be obtained in any manner
permitted by the Washington Limited Liability Company Act, including by conference
call or similar communications equipment. Any action that could be taken at a meeting
may be approved by a consent in writing that describes the action to be taken and is
signed by Members holding the minimum Voting Interest required to approve the
action. If any action is taken without a meeting and without unanimous written consent
of the Members, notice of such action must be sent to each Member that did not consent
to the action.
ARTICLE 7: WITHDRAWAL AND TRANSFERS OF MEMBERSHIP INTERESTS
7.1 Withdrawal. Members may withdraw from the Company prior to the
dissolution and winding up of the Company (a) by transferring or assigning all of their
respective Membership Interests pursuant to Section 7.2 below, or (b) if all of the
Members unanimously agree in a written consent. Subject to the provisions of Article 3,
a Member that withdraws pursuant to this Section 7.1 will be entitled to a distribution
from the Company in an amount equal to such Member's Capital Account.
7.2 Restrictions on Transfer; Admission of Transferee. A Member may transfer
Membership Interests to any other Person without the consent of any other Member. A
person may acquire Membership Interests directly from the Company upon the written
consent of all Members. A Person that acquires Membership Interests in accordance
with this Section 7.2 will be admitted as a Member of the Company only after the
requirements of Section 2.3(b) are complied with in full.
ARTICLE 8: DISSOLUTION
8.1 Dissolution. The Company will be dissolved upon the first to occur of the
following events:
(i) | The unanimous agreement of all Members in a consent in writing
to dissolve the Company;
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(ii) Entry of a decree of judicial dissolution under Washington Limited
Liability Company Act;
(iii) At any time that there are no Members, unless and provided that
the Company is not otherwise required to be dissolved and wound
up, within 90 days after the occurrence of the event that terminated
the continued membership of the last remaining Member, the legal
representative of the last remaining Member agrees in writing to
continue the Company and (i) to become a Member; or (ii) to the
extent that the last remaining Member assigned its interest in the
Company, to cause the Member's assignee to become a Member of
the Company, effective as of the occurrence of the event that
terminated the continued membership of the last remaining
Member;
(iv) The sale or transfer of all or substantially all of the Company’s
assets;
(v) A merger or consolidation of the Company with one or more
entities in which the Company is not the surviving entity.
8.2 No Automatic Dissolution Upon Certain Events. Unless otherwise set forth
in this Agreement or required by applicable law, the death, incapacity, disassociation,
bankruptcy, or withdrawal of a Member will not automatically cause a dissolution of
the Company.
ARTICLE 9: INDEMNIFICATION
9.1 Indemnification. The Company has the power to defend, indemnify, and
hold harmless any Person who was or is a party, or who is threatened to be made a
party, to any Proceeding (as that term is defined below) by reason of the fact that such
Person was or is a Member, officer, employee, representative, or other agent of the
Company, or was or is serving at the request of the Company as a director, Governor,
officer, employee, representative or other agent of another limited liability company,
corporation, partnership, joint venture, trust, or other enterprise (each such Person is
referred to as a “Company Agent”), against Expenses (as that term is defined below),
judgments, fines, settlements, and other amounts (collectively, “Damages”) to the
maximum extent now or hereafter permitted under Washington law. “Proceeding,” as
used in this Article 9, means any threatened, pending, or completed action, proceeding,
individual claim or matter within a proceeding, whether civil, criminal, administrative,
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or investigative. “Expenses,” as used in this Article 9, includes, without limitation, court
costs, reasonable attorney and expert fees, and any expenses incurred relating to
establishing a right to indemnification, if any, under this Article 9.
9.2 Mandatory. The Company must defend, indemnify and hold harmless a
Company Agent in connection with a Proceeding in which such Company Agent is
involved if, and to the extent, Washington law requires that a limited liability company
indemnify a Company Agent in connection with a Proceeding.
9.3. Expenses Paid by the Company Prior to Final Disposition. Expenses of
each Company Agent indemnified or held harmless under this Agreement that are
actually and reasonably incurred in connection with the defense or settlement of a
Proceeding may be paid by the Company in advance of the final disposition of a
Proceeding if authorized by a vote of the Members that are not seeking indemnification
holding a majority of the Voting Interests (excluding the Voting Interest of the
Company Agent seeking indemnification). Before the Company makes any such
payment of Expenses, the Company Agent seeking indemnification must deliver a
written undertaking to the Company stating that such Company Agent will repay the
applicable Expenses to the Company unless it is ultimately determined that the
Company Agent is entitled or required to be indemnified and held harmless by the
Company (as set forth in Sections 9.1 or 9.2 above or as otherwise required by
applicable law).
ARTICLE 10: GENERAL PROVISIONS
10.1 Notice. (a) Any notices (including requests, demands, or other
communications) to be sent by one party to another party in connection with this
Agreement must be in writing and delivered personally, by reputable overnight courier,
or by certified mail (or equivalent service offered by the postal service from time to
time) to the following addresses or as otherwise notified in accordance with this
Section: (i) if to the Company, notices must be sent to the Company’s principal
executive office; and (ii) if to a Member, notices must be sent to the Member's last
known address for notice on record. (b) Any party to this Agreement may change its
notice address by sending written notice of such change to the Company in the manner
specified above. Notice will be deemed to have been duly given as follows: (i) upon
delivery, if delivered personally or by reputable overnight carrier or (ii) five days after
the date of posting if sent by certified mail.
10.2 Entire Agreement; Amendment. This Agreement along with the Certificate
of Formation (together, the “Organizational Documents”), constitute the entire
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agreement among the Members and replace and supersede all prior written and oral
understandings and agreements with respect to the subject matter of this Agreement,
except as otherwise required by the Washington Limited Liability Company Act. There
are no representations, agreements, arrangements, or undertakings, oral or written,
between or among the Members relating to the subject matter of this Agreement that
are not fully expressed in the Organizational Documents. This Agreement may not be
modified or amended in any respect, except in a writing signed by all of the Members,
except as otherwise required or permitted by the Washington Limited Liability
Company Act.
10.3 Governing Law; Severability. This Agreement will be construed and
enforced in accordance with the laws of the state of Washington. If any provision of this
Agreement is held to be unenforceable by a court of competent jurisdiction for any
reason whatsoever, (i) the validity, legality, and enforceability of the remaining
provisions of this Agreement (including without limitation, all portions of any
provisions containing any such unenforceable provision that are not themselves
unenforceable) will not in any way be affected or impaired thereby, and (ii) to the
fullest extent possible, the unenforceable provision will be deemed modified and
replaced by a provision that approximates the intent and economic effect of the
unenforceable provision and the Agreement will be deemed amended accordingly.
10.4 Further Action. Each Member agrees to perform all further acts and
execute, acknowledge, and deliver any documents which may be reasonably necessary,
appropriate, or desirable to carry out the provisions of this Agreement.
10.5 No Third Party Beneficiary. This Agreement is made solely for the benefit
of the parties to this Agreement and their respective permitted successors and assigns,
and no other Person or entity will have or acquire any right by virtue of this Agreement.
This Agreement will be binding on and inure to the benefit of the parties and their
heirs, personal representatives, and permitted successors and assigns.
10.6 Incorporation by Reference. The recitals and each appendix, exhibit,
schedule, and other document attached to or referred to in this Agreement are hereby
incorporated into this Agreement by reference.
10.7 Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if all of the Members signed the same copy. All
counterparts will be construed together and will constitute one agreement.
[Remainder Intentionally Left Blank.]
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Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 69 of 78
IN WITNESS WHEREOF, the parties have executed or caused to be executed
this Operating Agreement and do each hereby represent and warrant that their
respective signatory, whose signature appears below, has been and is, on the date of
this Agreement, duly authorized to execute this Agreement.
Dated:
Signature of Eric R. Shibley
42;
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Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 70 of 78
EXHIBIT A
MEMBERS
The Members of the Company and their respective addresses, Capital
Contributions, and Ownership Interests are set forth below. The Members agree to keep
this Exhibit A current and updated in accordance with the terms of this Agreement,
including, but not limited to, Sections 2.1, 2.3, 2.4, 7.1, 7.2, and 10.1.
Members Capital Percentage
Contribution Interest
Eric R. Shibley 100%
Address:
4700 36th Ave. SW
Seattle, Washington 98126
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Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 71 of 78
Washington |
Secretary of State
I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its
seal, hereby issue this |
|
CERTIFICATE OF FORMATION
to
SEATTLE'S FINEST CANNABIS, LLC
a/an WA Limited Liability Company. Charter documents are effective on the date
indicated below.
Date: 11/3/2017
UBI Number: 604-183-433
Given under my hand and the Seal of the State
of Washington at Olympia, the State Capital
Kim Wyman, Secretary of State
Date Issued: 11/7/2017
DOJ-01-0000004443
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 72 of 78
DocuSign Envelope ID: 30088838-4443-4F A9-8D1S-0F 7E2BA4B0C8
$230.00R
tid:
Corporations & Charities Division
Limited Liability Company wasvuacaee 9: 9
See attached detailed instructions SECRETARY OF STATE
STATE OF WASHINGTON
Page 1 of 2 =
| § 11/03/17 3590099.
& 002
Office of the Secretary of State 5
C) Filing Fee $180.00
af Filing Fee with Expedited Service $230.00 UBI Number 604 183 433
CERTIFICATE OF FORMATION
Chapter 25.15 RCW
ARTICLE 4
NAME OF LIMITED LIABILITY COMPANY:
SEATTLE'S FINEST CANNABIS, LLC
(Must contain one of the following designations: Limited Liability Company, Limited Liability Co or one of these
abbreviations: L.L.C. or LLC. If the designation is omitted, it will default to LLC when processed)
ARTICLE 2
ADDRESS OF THE PRINCIPAL PLACE OF BUSINESS:
PO Box City State Zip.
ARTICLE 3
EFFECTIVE DATE OF FORMATION: (Please check one of the following)
8 Upon filing by the Secretary of State
Oo Specific Date: (Specified effective date must be within 90 days AFTER the Certificate
of Formation has been filed by the Office of the Secretary of State)
ARTICLE 4
TENURE: (Please check one of the following and indicate the date if applicable)
b= Perpetual existence
0 Specific term of existence (Number of years or date of termination)
Washington LLC - Formation Washington Secretary of State Revised 11/11
DOJ-01-0000004444
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 73 of 78
DocuSign Envelope 1p: 300888384443-4F AS-BD 19-0F 7E2BA4B0C8
Page 2 of 2
ARTICLE 5
THE LIMITED LIABILITY COMPANY IS MANAGED BY: & Members or C1) Managers
(see instructions)
ARTICLE 6
NAME AND ADDRESS OF THE WASHINGTON STATE REGISTERED AGENT:
Name: Eric R Shibley
Physical Location Address (required):
4700 36th Ave. SW
City Seattle State_ WA Zip Code 98126
Mailing or Postal Address (optional):
City State Zip Code
CONSENT TO SERVE AS REGISTERED AGENT:
| consent to serve as Registered Agent in the State of Washington for the above named Limited Liability
Company. | understand it will be my responsibility to accept Service of Process on behalf of the Limited
Liability Company; to forward mail to the Limited Liability Company; and to immediately notify the Office of the
Secretary of State if | resign or change the Registered Office Address.
x | Ere Shibiey Eric R Shibley 10/31/2017
“™'SiGWature of Registered Agent Printed Name Date
ARTICLE 7
NAME, ADDRESS AND SIGNATURE OF EACH EXECUTOR:
(if necessary, attach additional names, addresses and signatures)
Name; LegalZoom.com, Inc.
Address: 101 N/ Brand Blvd., llth Floor city Glendale StateCA Zip Code 91203
This docum — hasang ye of perjury, and Is, to the best of my knowl: , true and correct.
yenne Moseley ‘
x istant Secretary, LegalZoom.com, Inc. / 0 4 [ | "323-962-8600, ext. 7625
Signature Printed Name Date} [Phone
Name:
Address: City State Zip Code
This document is hereby executed under penalties of perjury, and is, to the best of my knowledge, true and correct
Xx
Signature of Executor Printed Name Date Phone
Washington LLC - Formation Washington Secretary of State Revised 11/1)
DOJ-01-0000004445
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 74 of 78
DocuSign Envelope ID: 30088838-4443-4FAS-5D19-0F 7E2BA4B0C8
Attachment to Articles of Organization
For
SEATTLE'S FINEST CANNABIS, LLC
The personal liability of the members of the Limited Liability Company for monetary
damages for breach of fiduciary duty shall be eliminated to the fullest extent permissible under
Washington law. The Limited Liability Company is authorized to indemnify its members and
managers to the fullest extent permissible under Washington law.
DOJ-01-0000004446
Page 75 of 78
Filed 11/26/21
20-cr-00174-JCC Document 137-1
Case 2
MS SAV H.L9E 00LP
DOJ-01-0000004447
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 76 of 78
SAS
Office of the Secretary of State
Corporations & Charities Division
INITIAL REPORT
FEE: $10.00
RETURN COMPLETED FORM AND PAYMENT TO: Entity Name: SEATTLE'S FINEST CANNABIS, LLC
(Checks made payable fo “Secretary of State’) Payment Due By: 3/3/2018
801 Capitol Way South Unified Business Identifier: 604-183-433
PO Box 40234
Olympia, WA 98504-0234 State of Incorporation: WA
Inc./Qual. Date: 11/3/2017
TYPE OR PRINT ALL INFORMATION IN DARK INK
Current Registered Agent/Office
ERIC R SHIBLEY
| 4700 36TH AVE SW i j
SEATTLE, WA 98126 If you wish to change your registered agent, please use the
attached Designation of Agent form. You can obtain additional
forms at www.sos.wa.govicorps.
REPORT SECTION MUST BE FILLED IN COMPLETELY — DO NOT LEAVE SPACES BLANK
Principal office
Address City State Zip
Principal office mailing address
(Optional) Address City State Zip
Nature of business
() CORPORATIONS: Print or type the name AND address of governors as defined in RCW 23.95 (attach additional list necessary).
([) LLC: Print or type ONLY the names of governors as defined in RCW 23.95 (attach additional list if necessary)
Name Address City State Zip
Name Address City State Zip
Name Address City State Zip
Name Address City State Zip
Name Address City State Zip
x
Authorized Signature Printed Name/Title Date Phone
lf you need assistance: Email: corps@sos.wa.gov Call: 360-725-0377 Website: www.sos wa.gov/corps
Revised 11/16
DOJ-01-0000004448
Document 137-1 Filed 11/26/21 Page /77 of 78
Case 2:20-cr-00174-JCC
Page 1 of 1 >
=
ISAS
Office of the Secretory of State &
Corporations & Charities Division |g
Designation of Registered Agent
See attached instructions
UBI Number:
NAME OF ENTITY:
(As currently recorded with the Office of the Secretary of State)
SELECT ONLY ONE AGENT TYPE (RCW 23.95)
LJ Office or Position
L) Commercial Agent
|
|
(1) Noncommercial Agent
_(most common)
NAME ONLY of Commercial Registered
Agent as recorded with the Secretary of
State. (Address of Registered Commercial |
Agent is already on file)
|
Name of Noncommercial Registered
Agent. (Any person or business not
registered as a Commercial Registered
Agent, must also include the physical
address below)
List the Office or Position serving as
agent. (Only if using the specific office or
position as the registered agent, no matter
who holds the position like: Secretary,
Member, Treasurer, must also include the
physical address below)
Washington State Physical Address (Required Only for Noncommercial, Office, or Position):
Address
City WA Zip Code
Washington State Alternate Mailing or Postal Address (optional):
Address
‘City WA. Zip Code
REQUIRED ALL - CONSENT TO SERVE AS REGISTERED AGENT:
| hereby consent to serve as Registered Agent in the State of Washington for the above named entity. |
understand it will be my responsibility to accept service of process, notices, and demands on behalf of the
entity; to forward mail to the entity; and to immediately notify the Office of the Secretary of State if | resign or
change the Registered Office Address.
xX
Signature of Registered Agent Printed Name/Title Date
DOJ-01-0000004449
Case 2:20-cr-00174-JCC Document 137-1 Filed 11/26/21 Page 78 of 78
Date: May 4th, 2020
Seattle's Finest Cannabis LLC
4700 36th Ave SW
Seattle, WA, 98126
Re: Loan Application Under the Paycheck Protection Program
Dear Eric Shibley,
This letter is in response to your recent application for a loan under the Paycheck Protection
Program (the “PPP”) created by the federal CARES Act. After a thorough review of your
application and any supporting documentation you provided, we regret to inform you that we are
unable to extend to you the requested PPP loan.
If you have any questions about the details of your loan application, please refer to the email
correspondence you received from us when you initially submitted your application.
Sincerely,
TCF Bank
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