Indictment — United States v. Anishchenko (Dkt. 1, E.D. Wash.)

Summary

An indictment in United States of America v. Yuriy P. Anishchenko, No. 2:22-CR-57-TOR, in the U.S. District Court for the Eastern District of Washington, filed May 3, 2022 (ECF No. 1). The grand jury charges Anishchenko, described as a resident of Spokane, Washington, with wire fraud under 18 U.S.C. § 1343 (Counts 1-3), and includes forfeiture allegations under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). The general allegations describe the Small Business Administration's Economic Injury Disaster Loan program and the CARES Act signed on March 27, 2020. The indictment closes with the forfeiture terms, including substitute property under 21 U.S.C. § 853(p), and is signed by Assistant United States Attorney Dominique Juliet Park.

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

Full text

Text recognized from a scanned document; may contain errors.

Case 2:22-cr-00057-TOR ECFNo.1_ filed 05/03/22 PagelD.1 Page 1of7

     Vanessa R. Waldref
     United States Attorney                                  “ASTER § OISTBM Te
     Eastern District of Washington                             May TCT OR tlk No;
     Dominique Juliet Park                                    _     ~F 2099
 FF WY PO eK 0 AN Dn   Assistant United States Attorney      Foon, McAvoy oy.
     Post Office Box 1494                                        NEW     Rk
                                                                    VA SHin Coe Pury
     Spokane, WA 99210-1494
     Telephone: (509) 353-2767

                         UNITED STATES DISTRICT COURT
                  FOR THE EASTERN DISTRICT OF WASHINGTON

     UNITED STATES OF AMERICA,                 2:22-CR-57-TOR

                           Plaintiff,          INDICTMENT

                  V.                           Vio: 18 U.S.C. § 1343
                                                     Wire Fraud
     YURIY P. ANISHCHENKO,                           (Counts 1-3)

                           Defendant.                18 U.S.C. § 981(a)(1)(C) and
                                                     28 U.S.C. § 2461(c)
                                                     Forfeiture Allegations

           The Grand Jury charges:

 Oo nN HD nA BPW CO UO WBN HDB Wn FBP WY NY KF OS NK
                                  General Allegations
NO NY NY NY NY NY NN NN YF FF KF KF Fe PrFel h h N FF E
           l.    At all times relevant to this Indictment, the Defendant, YURIY P.

     ANISHCHENKO, was a resident of Spokane, Washington.

           2.    The Economic Injury Disaster Loan (“EIDL”) program is a Small

     Business Administration (“SBA”) program that provides low-interest funding to

     small businesses, renters, and homeowners affected by declared disasters.

           a.    On March 27, 2020, the President signed into law the Coronavirus Aid,

     Relief, and Economic Security (“CARES”) Act. This Act, along with the

     Coronavirus Preparedness and Response Supplemental Appropriations Act,

     authorized the SBA to provide EIDLs of up to $2 million to eligible small businesses

     INDICTMENT - 1

Oo Don nN DB A FP W NH

NO NY NY WH HN NY NV NN NO RR Re Rm Re Re Re Re RR
oOo nN DN On BP WH NY KK OD UO WAN HD TH HRW VY FY O&O

Case 2:22-cr-00057-TOR ECFNo.1 filed 05/03/22 PagelD.2 Page 2 of 7

experiencing substantial financial disruption due to the COVID-19 pandemic. In
addition, the CARES Act authorized the SBA to advance up to $10,000 to a small
business within three days of its application for an EIDL. The amount of the advance
was determined by the number of employees claimed and certified by the small
business. Those advances did not have to be repaid.

4. In order to obtain an EIJDL and advance, a qualifying small business
must submit an application to the SBA and provide information about its operations,
such as the number of employees, gross revenues for the 12-month period preceding
the disaster, and cost of goods sold in the 12-month period preceding the disaster.
In the case of EIDLs for COVID-19 relief, the 12-month period was the year
preceding January 31, 2020. The applicant must also certify that all the information
in the application is true and correct to the best of the applicant’s knowledge.

5. The amount of an EIDL, if the application is approved, is determined
based, in part, on the information provided in the application about employment,
revenue, and cost of goods, as set forth above. Any funds issued under an EIDL or
advance are issued directly by the SBA. EIJDL funds can be used for payroll
expenses, sick leave, production costs, and business obligations, such as debts, rent,
and mortgage payments. If the applicant also obtains a loan under the Paycheck
Protection Program, the EIDL funds cannot be used for the same purpose as the
Paycheck Protection Program funds.

6.  EIDL applications are received in cloud-based platforms. The location
of the server through which the EIDL application is submitted is based on the date
the application was processed by SBA and the application number. During the time
period relevant to this Indictment, all EIDL applications were received in a
Microsoft cloud-based platform using a Rapid Finance application, through SBA

servers located in Des Moines, Iowa.

INDICTMENT — 2

oOo oy DH A FR WH NO =

wo NO do iw) We) iw) bo tg ro — — — — — — — — — —
DN NHN A BP WH NY KH OF UO WD aT HDB A BP WW WHO FY OCS

Case 2:22-cr-00057-TOR ECFNo.1 filed 05/03/22 PagelD.3 Page 3 of 7

COUNTS 1-3

7. The allegations in paragraphs 1 through 6 of this Indictment are
incorporated as though realleged herein.

The Scheme

8. Beginning in or around June 2020, and continuing through at least on
or about July 14, 2020, in the Eastern District of Washington and elsewhere, the
Defendant, YURIY P. ANISHCHENKO, devised and intended to devise a scheme
to defraud the SBA, and to obtain money and property by means of materially false
and fraudulent pretenses, representations, and promises.

9. Specifically, the Defendant, YURIY P. ANISHCHENKO, applied for,
or caused the application for, two EIDLs using false information about his purported
company, Sage Hollow Management, and his wife’s purported company, Grace
Summers Enterprise, with the intent to defraud, steal, and convert the proceeds of
the EIDLs to the Defendant, YURIY P. ANISHCHENKO, for his personal use and
without any intent to use the proceeds thereof for any authorized purpose, or any
intent to repay the EJDLs.

Manner and Means

It was part of this scheme that:
Sage Hollow Management

10. On or about June 25, 2020, the Defendant, YURIY P.
ANISHCHENKO, applied for an EIDL by submitting application number
3306636455 to the SBA under the name of his purported business, Sage Hollow
Management. The Defendant, YURIY P. ANISHCHENKO, identified Sage Hollow
Management as a business’ located in Spokane, Washington.

ll. The Defendant, YURIY P. ANISHCHENKO, falsely stated, in the
application, that Sage Hollow Management had 23 employees as of January 31,

2020, and that its gross revenues for the 12-month period prior to January 31, 2020
were $595,321.

INDICTMENT -— 3


o ON DN On BP WH HO +

ho NO NYO WN WH NH NY NN NO KH FR RR RR ee eee
on NSN MN BP WH NY KF DOD Oo WON HD WH KR WD NY KF O&O

Case 2:22-cr-00057-TOR ECFNo.1 filed 05/03/22 PagelD.4 Page 4 of 7

12. The Defendant, YURIY P. ANISHCHENKO, certified that the
information in the application was true and correct to the best of his knowledge,
under penalty of perjury and other criminal penalties for false information.

13. These representations and certifications were materially false. In fact,
Sage Hollow Management was not a functioning business as of January 31, 2020.
Sage Hollow Management did not have 23 employees nor the gross revenues
claimed in the EIDL application. Accordingly, Sage Hollow Management and the
Defendant, YURIY P. ANISHCHENKO, were not eligible for any EIDL funding.

14. In EIDL application number 3306636455, the Defendant, YURIY P.
ANISHCHENKO, provided for disbursement a personal bank account in his name
held at Wells Fargo, account number X-7011. Wells Fargo is a federally insured
financial institution, the deposits of which are insured by the Federal Deposit
Insurance Corporation.

15. As a result of the fraud and relying on the materially false and
fraudulent representations and certifications made by the Defendant, YURIY P.
ANISHCHENKO, SBA approved the requested EIJDL for Sage Hollow
Management, and, on or about July 13, 2020, disbursed $149,900 into the Wells
Fargo personal account ending in X-7011. At the time of disbursement of the EIDL,
this Wells Fargo personal account held approximately $58.

Grace Summers Enterprise

16. On or about June 25, 2020, the Defendant, YURIY P.
ANISHCHENKO, applied for an EIDL by submitting application number
3306638649 to the SBA, under the name of his wife’s purported business, Grace
Summers Enterprise. The Defendant, YURIY P. ANISHCHENKO, identified
Grace Summers Enterprise as a business located in Spokane, Washington at the same
address as Sage Hollow Management.

17. The Defendant, YURIY P. ANISHCHENKO, falsely stated, in the

application, that Grace Summers Enterprise had 24 employees as of January 31,

INDICTMENT -— 4


oOo wo aI DB A BP WH HO

ww NY YH KH NY KN NY NY NY YK HK HR Se Fe FF Re RS
on NHN AN BW YN FF OD Oo AN DN Fb WD NY KF OC

‘Case 2:22-cr-00057-TOR ECFNo.1 filed 05/03/22 PagelD.5 Page 5of7

2020, and that its gross revenues for the 12-month period prior to January 31, 2020
were $595,899.

18. The- Defendant, YURIY P. ANISHCHENKO, certified that the
information in the application was true and correct to the best of his knowledge,
under penalty of perjury and of other criminal penalties for false information.

19. These representations and certifications were materially false. In fact,
Grace Summers Enterprise was not a functioning business as of January 31, 2020.
Grace Summers Enterprise did not have 24 employees nor the gross revenues
claimed in the EIDL application. Accordingly, Grace Summers Enterprise and the
Defendant, YURIY P. ANISHCHENKO, were not eligible for any EIDL funding.

20. In EIDL application number 3306638649, the Defendant, YURIY P.
ANISHCHENKO, provided for disbursement a business bank account associated
with Grace Summers Enterprise held at Wells Fargo, account number X-9537.
Wells Fargo is a federally insured financial institution, the deposits of which are
insured by the Federal Deposit Insurance Corporation.

21. As a result of the fraud and relying on the materially false and
fraudulent representations and certifications made by the Defendant, YURIY P.
ANISHCHENKO, SBA approved the requested EIDL for Grace Summers
Enterprise, and, on or about July 6, 2020, disbursed $149,900 into the Wells Fargo
business account ending in X-9537. At the time of disbursement of the EIDL, the
Wells Fargo business account held approximately $202.46.

22. As a result of the fraud and relying on the materially false and
fraudulent representations and certifications made by the Defendant, YURIY P.
ANISHCHENKO, SBA approved the requested EIDL advance for Grace Summers .
Enterprise, and, on or about July 14, 2020, disbursed $10,000 into the Wells Fargo
business account ending in X-9537.

23. Onor about each of the dates set forth below, in the Eastern District of
Washington and elsewhere, the Defendant, YURIY P. ANISHCHENKO, for the

INDICTMENT — 5

0 ONY DA WNW FR WHE

No NO NO NH NY YD NN NY NO Kee eRe ee Re RE Re
on HO UN BR WH NY KF OO OO Wns HDB A HP WO WHO KF |

Case 2:22-cr-00057-TOR ECFNo.1 filed 05/03/22 PagelD.6 Page 6 of 7

purpose of executing the scheme described above, caused to be transmitted by means

of wire communication in interstate commerce the signals and sounds described

below for each count, each transmission constituting a separate count:

Count | Approx. Date

Description

1

July 6, 2020

Electronic funds disbursement of $149,900 in EIDL
funds were initiated on or about July 1, 2020, by the
SBA Denver Finance Center located in Denver,
Colorado, which transmitted the payment information
through the FMS system to the Treasury and, on or about
July 6, 2020, electronically deposited $149,900 into
Wells Fargo business account X-9537 associated with
Grace Summers Enterprise in the Eastern District of
Washington.

July 13, 2020

Electronic funds disbursement of $149,900 in EIDL
funds were initiated on or about July 9, 2020, by the
SBA Denver Finance Center located in Denver,
Colorado, which transmitted the payment information
through the FMS system to the Treasury and, on or about
July 13, 2020, electronically deposited $149,900 into the
personal Wells Fargo Account X-7011 and associated
with Anishchenko in the Eastern District of Washington.

July 14, 2020

Electronic funds disbursement of $10,000 in EIDL funds
were initiated on or about July 13, 2020, by the SBA
Denver Finance Center located in Denver, Colorado,
which transmitted the payment information through the
FMS system to the Treasury and, on or about July 14,
2020, electronically deposited $10,000 into Wells Fargo
business account X-9537 and associated with Grace
Summers Enterprise in the Eastern District of
Washington.

All in violation of 18 U.S.C. § 1343.
NOTICE OF FORFEITURE ALLEGATIONS

The allegations contained in this Indictment are hereby realleged and

incorporated herein by this reference for the purpose of alleging forfeitures.
Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), upon

conviction of an offense in violation of 18 U.S.C. § 1343, as set forth in Counts 1-3

INDICTMENT - 6


So AN DN BP W HPO HS

NO NWO HM ND NW NH WN NH HNO & KF FF F- KF | | S| h hu S| hh
on ON Be WO NY KS CO OO WBN DB Wn F&F W NYO KF CO

Case 2:22-cr-00057-TOR ECFNo.1_ filed 05/03/22 PagelD.7 Page 7 of 7

of this Indictment, the Defendant, YURIY P. ANISHCHENKO, shall forfeit to the

United States any property, real or personal, which constitutes or is derived from

proceeds traceable to the offense. The property to be forfeited includes, but is not

limited to, the following:

MONEY JUDGMENT

A sum of money equal to $309,800 in United States currency,
representing the amount of proceeds obtained by the Defendant,
YURIY P. ANISHCHENKO, from the wire fraud violations.

If any of the property described above, as the result of any act or omission of

the Defendant, YURIY P. ANISHCHENKO:

(a)
(b)
(c)
(d)
(e)

cannot be located upon the exercise of due diligence;

has been transferred or sold to, or deposited with, a third party;
has been placed beyond the jurisdiction of the court;

has been substantially diminished in value; or

has been commingled with other property which cannot be divided
without difficulty,

the United States shall be entitled to forfeiture of substitute property pursuant to 21
U.S.C. § 853(p), as incorporated by 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C.

§ 2461(c).

DATED this “3 day of May 2022.

A TRUE RIL.

YUL)

Vanessa R. Waldref )
United States Attorney

L—_——

ofttinique Juliet Park

—

Assistant United States Attorney

INDICTMENT — 7

File and source

File

gov.uscourts.waed.99170.1.0.pdf

Size

1,286,797 bytes

SHA-256

41750cde80f200c1b49cc884da03bd3ac288618e311f108b1162c6aa58c27b7f

Our copy

gov.uscourts.waed.99170.1.0.pdf

Original

archive.org