Court filing
Exhibit — PPP Borrower Application Form, United States v. Shibley (Dkt. 137-3)
Record facts
| Court | U.S. District Court for the Western District of Washington |
|---|---|
| Filed | 2021-11-26 |
U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 137-3 · 2021-11-26 · Docket on CourtListener
Summary
Government Exhibit No. 5 in U.S. v. Shibley, CR20-174 JCC, filed November 26, 2021 as Document 137-3 in the U.S. District Court for the Western District of Washington. The exhibit opens with a completed SBA Form 2483 Paycheck Protection Program Borrower Application Form for an applicant entered as SS1 LLC, with Eric R Shibley as Manager at 100% ownership and 41 employees. The form carries the eight numbered eligibility questions on debarment or bankruptcy, delinquent federal loans, affiliated businesses, a prior Economic Injury Disaster Loan, pending criminal charges, felony matters within the last 5 years, employee residence, and franchise listing. Its certifications page recites the borrower representations and the penalties for a false statement, including under 18 USC 1001 and 3571, and is signed and dated 04/20/2020. The exhibit is 84 pages.
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Full text
Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 1 of 84 Paycheck Protection Program OMB Control No.: 3245-0407 Expiration Date: 09/30/2020 Borrower Application Form Check One: ■ LLC Sole proprietor Partnership C-Corp S-Corp ( Independent contractor Eligible self-employed individual 501(c)(3) nonprofit 501(c)(19) veterans organization Tribal business (sec. 31(b)(2)(C) of Small Business Act) Other DBA or Tradename if Applicable Business Legal Name SS1 LLC Business Address Business TIN (EIN, SSN) 7509 Primary Contact Email Address Eric Shibley ers98126@gmail.com 4700 36th Ave SW Average Monthly Payroll: $ x 2.5 + EIDL, Net of 328000 Advance (if Applicable) Equals Loan Request: $ Business Phone ( ) 2069384291 820000 Number of Employees: 41 Purpose of the loan (select more than one): employee benefits ■ Payroll տLease / Mortgage Interest տ ■ Utilities տOther ܆ (explain):__________________ ■ ■ Applicant Ownership List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary. Owner Name Eric R Shibley Title Ownership % 100 Manager TIN (EIN, SSN) Address -526 4700 36th Ave SW Seattle W If questions (1) or (2) below are answered “Yes,” the loan will not be approved. Question Yes 1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible, voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any bankruptcy? 2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or guaranteed loan from SBA or any other Federal agency 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 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, provide details on a separate sheet identified as addendum B. No ■ ܆܆ ■ ܆܆ ■ ܆܆ ■ ܆܆ If questions (5) or (6) are answered “Yes,” the loan will not be approved. Question 5. Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant subject to an 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 ĺ ers 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 placed on any form of parole or probation (including probation before judgment)? Initial here to confirm your response to question 6 ĺ ers 7. Is the United States the principal place of residence for all employees of the Applicant included in the Applicant’s payroll calculation above? 8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? CR20-174 JCC U.S. v. Shibley 1 SBA Form 2483 (04/20) Yes No ܆ ܆ ■ ܆ ܆ ■ ܆ ܆ ܆ ܆ Government Exhibit No. 5 Admitted ________________ ■ Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 2 of 84 Paycheck Protection Program Borrower Application Form By Signing Below, You Make the Following Representations, Authorizations, and Certifications CERTIFICATIONS AND AUTHORIZATIONS I certify that: x I have read the statements included in this form, including the Statements Required by Law and Executive Orders, and I understand them. x 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). x 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. x I will comply, whenever applicable, with the civil rights and other limitations in this form. x 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. x To the extent feasible, I will purchase only American-made equipment and products. x The Applicant is not engaged in any activity that is illegal under federal, state or local law. x 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 _____ ers _____ ers _____ ers _____ ers _____ ers _____ ers _____ 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. 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. Eric Ryan Shibley Digitally signed by Eric Ryan Shibley 04/20/2020 Date: 2020.04.15 19:08:46 -07'00' _________________________________________________________ Signature of Authorized Representative of Applicant ________________________ Date Eric R Shibley 04/20/2020 Print Name Title 2 SBA Form 2483 (04/20) Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 3 of 84 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”: x For a sole proprietorship, the sole proprietor; x For a partnership, all general partners, and all limited partners owning 20% or more of the equity of the firm; x For a corporation, all owners of 20% or more of the corporation; x For limited liability companies, all members owning 20% or more of the company; and x 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 3 SBA Form 2483 (04/20) Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 4 of 84 Paycheck Protection Program 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. 4 SBA Form 2483 (04/20) Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 5 of 84 DOJ-01-0000001632 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 6 of 84 DOJ-01-0000001633 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 7 of 84 DOJ-01-0000001634 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 8 of 84 DOJ-01-0000001666 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 9 of 84 DOJ-01-0000001651 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 10 of 84 DOJ-01-0000001652 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 11 of 84 DOJ-01-0000001653 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 12 of 84 DOJ-01-0000001654 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 13 of 84 DOJ-01-0000001655 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 14 of 84 DOJ-01-0000001656 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 15 of 84 DOJ-01-0000001657 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 16 of 84 DOJ-01-0000001658 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 17 of 84 DOJ-01-0000001659 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 18 of 84 DOJ-01-0000001660 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 19 of 84 DOJ-01-0000001661 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 20 of 84 DOJ-01-0000001662 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 21 of 84 DOJ-01-0000001663 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 22 of 84 DOJ-01-0000001664 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 23 of 84 DOJ-01-0000001665 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 24 of 84 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 25 of 84 DOJ-01-0000001640 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 26 of 84 DOJ-01-0000001641 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 27 of 84 DOJ-01-0000001642 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 28 of 84 DOJ-01-0000001643 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 29 of 84 DOJ-01-0000001644 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 30 of 84 DOJ-01-0000001645 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 31 of 84 DOJ-01-0000001646 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 32 of 84 DOJ-01-0000001647 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 33 of 84 DOJ-01-0000001648 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 34 of 84 DOJ-01-0000001649 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 35 of 84 DOJ-01-0000001650 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 36 of 84 Paycheck Protection Program OMB Control No.: 3245-0407 Expiration Date: 09/30/2020 Borrower Application Form Check One: Sole proprietor Partnership C-Corp S-Corp LLC ( Independent contractor Eligible self-employed individual 501(c)(3) nonprofit 501(c)(19) veterans organization Tribal business (sec. 31(b)(2)(C) of Small Business Act) Other DBA or Tradename if Applicable Business Legal Name Business Address Business TIN (EIN, SSN) Business Phone ( Primary Contact Average Monthly Payroll: $ x 2.5 + EIDL, Net of Advance (if Applicable) Equals Loan Request: $ ) Email Address Number of Employees: Purpose of the loan (select more than one): Payroll Lease / Mortgage Interest Utilities Other (explain):__________________ Applicant Ownership List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary. Owner Name Title Ownership % TIN (EIN, SSN) Address If questions (1) or (2) below are answered “Yes,” the loan will not be approved. Question Yes 1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible, voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any bankruptcy? 2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or guaranteed loan from SBA or any other Federal agency 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 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, provide details on a separate sheet identified as addendum B. No If questions (5) or (6) are answered “Yes,” the loan will not be approved. Yes Question 5. No Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant subject to an 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 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 placed on any form of parole or probation (including probation before judgment)? Initial here to confirm your response to question 6 7. Is the United States the principal place of residence for all employees of the Applicant included in the Applicant’s payroll calculation above? 8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? SBA Form 2483 (04/20) 1 U.S. v. Shibley CR20-174 JCC Government Exhibit No. 6 Admitted ________________ DOJ-01-0000000075 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 37 of 84 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. 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: _____ 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. _________________________________________________________ Signature of Authorized Representative of Applicant ________________________ Date Print Name Title 2 SBA Form 2483 (04/20) DOJ-01-0000000076 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 38 of 84 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”: 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 – 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 3 SBA Form 2483 (04/20) DOJ-01-0000000077 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 39 of 84 Paycheck Protection Program 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. 4 SBA Form 2483 (04/20) DOJ-01-0000000078 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Explanation of the answer to question 3 in PPP application: Ownership in other businesses for Eric R Shibley : The A Team Holdings LLC /100% Eric R Shibley MD PLLC /100% ES1 LLC/100% Seattle’s Finest Cannabis LLC/100% All of them are Washington LLC. Page 40 of 84 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 41 of 84 DOJ-01-0000000053 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 42 of 84 DOJ-01-0000000054 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 43 of 84 $WWHQWLRQ <RXPD\ILOH)RUPV:DQG:HOHFWURQLFDOO\RQWKH66$¶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¶WEHVFDQQHG6HHWKHSHQDOWLHVVHFWLRQLQWKHFXUUHQW*HQHUDO,QVWUXFWLRQVIRU)RUPV :DQG:DYDLODEOHDWZZZLUVJRYZIRUPRUHLQIRUPDWLRQ 3OHDVHQRWHWKDW&RS\%DQGRWKHUFRSLHVRIWKLVIRUPZKLFKDSSHDULQEODFNPD\EH GRZQORDGHGILOOHGLQDQGSULQWHGDQGXVHGWRVDWLVI\WKHUHTXLUHPHQWWRSURYLGHWKH LQIRUPDWLRQWRWKHUHFLSLHQW 7RRUGHURIILFLDO,56LQIRUPDWLRQUHWXUQVVXFKDV)RUPV:DQG:ZKLFKLQFOXGHD VFDQQDEOH&RS\$IRUILOLQJJRWR,56¶2QOLQH2UGHULQJIRU,QIRUPDWLRQ5HWXUQVDQG (PSOR\HU5HWXUQVSDJHRUYLVLWZZZLUVJRYRUGHUIRUPVDQGFOLFNRQ(PSOR\HUDQG ,QIRUPDWLRQUHWXUQV:H¶OOPDLO\RXWKHVFDQQDEOHIRUPVDQGDQ\RWKHUSURGXFWV\RXRUGHU 6HH,563XEOLFDWLRQVDQGIRUPRUHLQIRUPDWLRQDERXWSULQWLQJWKHVHWD[ IRUPV DOJ-01-0000000116 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 44 of 84 DO NOT STAPLE a Control number 33333 (Check one) 941 Military Hshld. emp. CT-1 943 944 Kind of Employer Medicare govt. emp. (Check one) d Establishment number c Total number of Forms W-2 F Kind of Payer OMB No. 1545-0008 F b For Official Use Only a None apply 501c non-govt. State/local non-501c State/local 501c 1 Wages, tips, other compensation 6 Third-party sick pay Federal govt. (Check if applicable) 2 Federal income tax withheld 451152 e Employer identification number (EIN) 3 Social security wages 0 4 Social security tax withheld 9052 451152 f Employer’s name 5 Medicare wages and tips 55942.8 6 Medicare tax withheld Eric R Shibley MD PLLC 451152 10 Dependent care benefits 9 4700 36th Ave SW Seattle WA 98126-2716 13083.4 8 Allocated tips 7 Social security tips 11 Nonqualified plans 12a Deferred compensation 13 For third-party sick pay use only 12b g Employer’s address and ZIP code h Other EIN used this year 15 State Employer’s state ID number WA 14 Income tax withheld by payer of third-party sick pay 603260109 16 State wages, tips, etc. 18 Local wages, tips, etc. 17 State income tax 19 Local income tax 0 0 Employer's telephone number Employer's contact person Eric R Shibley 0 For Official Use Only 206-938-4291 Employer's email address Employer's fax number 206-260-1412 shibleenyc@yahoo.com Under penalties of perjury, I declare that I have examined this return and accompanying documents, and, to the best of my knowledge and belief, they are true, correct, and complete. Eric R Shibley Signature a Form Date a Title a Manager W-3 Transmittal of Wage and Tax Statements 2019 04/24/202020 Department of the Treasury Internal Revenue Service Send this entire page with the entire Copy A page of Form(s) W-2 to the Social Security Administration (SSA). Photocopies are not acceptable. Do not send Form W-3 if you filed electronically with the SSA. Do not send any payment (cash, checks, money orders, etc.) with Forms W-2 and W-3. Reminder Separate instructions. See the 2019 General Instructions for Forms W-2 and W-3 for information on completing this form. Do not file Form W-3 for Form(s) W-2 that were submitted electronically to the SSA. Purpose of Form Complete a Form W-3 Transmittal only when filing paper Copy A of Form(s) W-2, Wage and Tax Statement. Don't file Form W-3 alone. All paper forms must comply with IRS standards and be machine readable. Photocopies are not acceptable. Use a Form W-3 even if only one paper Form W-2 is being filed. Make sure both the Form W-3 and Form(s) W-2 show the correct tax year and Employer Identification Number (EIN). Make a copy of this form and keep it with Copy D (For Employer) of Form(s) W-2 for your records. The IRS recommends retaining copies of these forms for four years. When To File Paper Forms E-Filing Mail Form W-3 with Copy A of Form(s) W-2 by January 31, 2020. The SSA strongly suggests employers report Form W-3 and Forms W-2 Copy A electronically instead of on paper. The SSA provides two free e-filing options on its Business Services Online (BSO) website. • W-2 Online. Use fill-in forms to create, save, print, and submit up to 50 Forms W-2 at a time to the SSA. • File Upload. Upload wage files to the SSA you have created using payroll or tax software that formats the files according to the SSA’s Specifications for Filing Forms W-2 Electronically (EFW2). W-2 Online fill-in forms or file uploads will be on time if submitted by January 31, 2020. For more information, go to www.SSA.gov/bso. First time filers, select “Register”; returning filers select “Log In.” Where To File Paper Forms Send this entire page with the entire Copy A page of Form(s) W-2 to: Social Security Administration Direct Operations Center Wilkes-Barre, PA 18769-0001 Note: If you use “Certified Mail” to file, change the ZIP code to “18769-0002.” If you use an IRS-approved private delivery service, add “ATTN: W-2 Process, 1150 E. Mountain Dr.” to the address and change the ZIP code to “18702-7997.” See Pub. 15 (Circular E), Employer’s Tax Guide, for a list of IRS-approved private delivery services. For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. Cat. No. 10159Y DOJ-01-0000000117 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 45 of 84 DOJ-01-0000000115 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 46 of 84 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 47 of 84 Paycheck Protection Program OMB Control No.: 3245-0407 Expiration Date: 09/30/2020 Borrower Application Form Check One: Sole proprietor Partnership C-Corp S-Corp LLC ( Independent contractor Eligible self-employed individual 501(c)(3) nonprofit 501(c)(19) veterans organization Tribal business (sec. 31(b)(2)(C) of Small Business Act) Other DBA or Tradename if Applicable Business Legal Name Business Address Business TIN (EIN, SSN) Business Phone ( Primary Contact Average Monthly Payroll: $ x 2.5 + EIDL, Net of Advance (if Applicable) Equals Loan Request: $ ) Email Address Number of Employees: Purpose of the loan (select more than one): Payroll Lease / Mortgage Interest Utilities Other (explain):__________________ Applicant Ownership List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary. Owner Name Title Ownership % TIN (EIN, SSN) Address If questions (1) or (2) below are answered “Yes,” the loan will not be approved. Question Yes 1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible, voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any bankruptcy? 2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or guaranteed loan from SBA or any other Federal agency 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 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, provide details on a separate sheet identified as addendum B. No If questions (5) or (6) are answered “Yes,” the loan will not be approved. Yes Question 5. No Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant subject to an 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 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 placed on any form of parole or probation (including probation before judgment)? Initial here to confirm your response to question 6 7. Is the United States the principal place of residence for all employees of the Applicant included in the Applicant’s payroll calculation above? 8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? SBA Form 2483 (04/20) 1 U.S. v. Shibley CR20-174 JCC Government Exhibit No. 7 Admitted ________________ DOJ-01-0000000118 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 48 of 84 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. 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: _____ 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. _________________________________________________________ Signature of Authorized Representative of Applicant ________________________ Date Print Name Title 2 SBA Form 2483 (04/20) DOJ-01-0000000119 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 49 of 84 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”: 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 – 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 3 SBA Form 2483 (04/20) DOJ-01-0000000120 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 50 of 84 Paycheck Protection Program 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. 4 SBA Form 2483 (04/20) DOJ-01-0000000121 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Explanation of the answer to question 3 in PPP application: Ownership in other businesses for Eric R Shibley : The A Team Holdings LLC /100% Eric R Shibley MD PLLC /100% ES1 LLC/100% Seattle’s Finest Cannabis LLC/100% All of them are Washington LLC. Page 51 of 84 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 52 of 84 DOJ-01-0000000133 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 53 of 84 DOJ-01-0000000134 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 54 of 84 DOJ-01-0000000229 Case 2:20-cr-00174-JCC Document 137-3 U.S. v. Shibley CR20-174 JCC Government Exhibit No. 8 Admitted ________________ Filed 11/26/21 Page 55 of 84 DOJ-04-0000012633 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 56 of 84 DOJ-04-0000012634 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 57 of 84 DOJ-04-0000012635 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 58 of 84 DOJ-04-0000012636 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 59 of 84 DOJ-04-0000012613 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 60 of 84 DOJ-04-0000012614 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 61 of 84 DOJ-04-0000012643 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 62 of 84 DOJ-04-0000012618 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 63 of 84 1HZPHVVDJHIURP)XQGER[ $XJXVW (ULF56KLEOH\0'3//& +L(ULF 7KDQN\RXIRUVXEPLWWLQJ\RXUDSSOLFDWLRQ8QIRUWXQDWHO\\RXDUHQRWHOLJLEOHIRUIXQGLQJ WKURXJKWKH6%$3D\FKHFN3URWHFWLRQ3URJUDP 333 :WLJPÄJ YLHZVUZ )RUVSHFL¿FUHDVRQVDERXWZK\\RXUDSSOLFDWLRQZDVQRWDSSURYHG\RXFDQZULWHWRXV ZLWKLQGD\VDWWKHDGGUHVVEHORZ:H¶OOJHWEDFNWR\RXZLWKLQGD\VRIUHFHLYLQJ\RXU UHTXHVW )XQGER[ %XVK6WUHHW 6DQ)UDQFLVFR&$ ,X\HS *YLKP[ 6WWVY[\UP[`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¿OH8VHUVVX]DQQHZHLQDQG'RZQORDGVBBVEDBORDQBUHMHFWHGB()&9):+KWPO DOJ-04-0000012632 Case 2:20-cr-00174-JCC U.S. v. Shibley CR20-174 JCC Government Exhibit No. 9 Admitted ________________ Document 137-3 Filed 11/26/21 Page 64 of 84 DOJ-04-0000012667 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 65 of 84 DOJ-04-0000012668 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 66 of 84 DOJ-04-0000012646 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 67 of 84 DOJ-04-0000012644 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 68 of 84 DOJ-04-0000012645 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 69 of 84 DOJ-04-0000012650 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 70 of 84 1HZPHVVDJHIURP)XQGER[ -XO\ 'LWXUL&RQVWUXFWLRQ//& +L 7KDQN\RXIRUVXEPLWWLQJ\RXUDSSOLFDWLRQ8QIRUWXQDWHO\\RXDUHQRWHOLJLEOHIRUIXQGLQJ WKURXJKWKH6%$3D\FKHFN3URWHFWLRQ3URJUDP 333 :WLJPÄJ YLHZVUZ )RUVSHFL¿FUHDVRQVDERXWZK\\RXUDSSOLFDWLRQZDVQRWDSSURYHG\RXFDQZULWHWRXV ZLWKLQGD\VDWWKHDGGUHVVEHORZ:H¶OOJHWEDFNWR\RXZLWKLQGD\VRIUHFHLYLQJ\RXU UHTXHVW )XQGER[ %XVK6WUHHW 6DQ)UDQFLVFR&$ ,X\HS *YLKP[ 6WWVY[\UP[`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¿OH8VHUVVX]DQQHZHLQDQG'RZQORDGVBBVEDBORDQBUHMHFWHGB5-,*%1'KWPO DOJ-04-0000012670 Case 2:20-cr-00174-JCC Document 137-3 U.S. v. Shibley CR20-174 JCC Government Exhibit No. 10 Admitted ________________ Filed 11/26/21 Page 71 of 84 DOJ-04-0000012695 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 72 of 84 DOJ-04-0000012696 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 73 of 84 DOJ-04-0000012697 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 74 of 84 DOJ-04-0000012698 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 75 of 84 DOJ-04-0000012676 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 76 of 84 DOJ-04-0000012671 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 77 of 84 DOJ-04-0000012672 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 78 of 84 DOJ-04-0000012674 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 79 of 84 DOJ-04-0000012675 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 80 of 84 DOJ-04-0000012700 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 81 of 84 DOJ-04-0000012701 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 82 of 84 DOJ-04-0000012699 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 83 of 84 DOJ-04-0000012679 Case 2:20-cr-00174-JCC Document 137-3 Filed 11/26/21 Page 84 of 84 1HZPHVVDJHIURP)XQGER[ -XO\ 66//& +L 7KDQN\RXIRUVXEPLWWLQJ\RXUDSSOLFDWLRQ8QIRUWXQDWHO\\RXDUHQRWHOLJLEOHIRUIXQGLQJ WKURXJKWKH6%$3D\FKHFN3URWHFWLRQ3URJUDP 333 :WLJPÄJ YLHZVUZ )RUVSHFL¿FUHDVRQVDERXWZK\\RXUDSSOLFDWLRQZDVQRWDSSURYHG\RXFDQZULWHWRXV ZLWKLQGD\VDWWKHDGGUHVVEHORZ:H¶OOJHWEDFNWR\RXZLWKLQGD\VRIUHFHLYLQJ\RXU UHTXHVW )XQGER[ %XVK6WUHHW 6DQ)UDQFLVFR&$ ,X\HS *YLKP[ 6WWVY[\UP[`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¿OH8VHUVVX]DQQHZHLQDQG'RZQORDGVBBVEDBORDQBUHMHFWHGB=5:$:'53KWPO DOJ-04-0000012673
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