Declaration of Jason D. Evans with Exhibits — Koziara v. Wells Fargo (M.D.N.C.)

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The Declaration of Jason D. Evans in Support of Wells Fargo & Co. and Wells Fargo Bank, N.A.'s Motion to Dismiss Plaintiffs' Complaint in T.C. Koziara, PLLC, et al. v. Wells Fargo & Co., et al., Case No. 1:20-cv-00588, in the U.S. District Court for the Middle District of North Carolina, filed 09/15/20 as Document 16. Evans, a partner at Troutman Pepper Hamilton Sanders LLP representing the Wells Fargo defendants, identifies the attached exhibits. They include excerpts of SBA SOP 50 10 5(K), SBA Form 159, the Treasury PPP Information Sheet for lenders, SBA Form 2483, and the SBA PPP Report as of August 8, 2020. Other exhibits are a July 9, 2020 Wells Fargo news release on a $400 million small business recovery effort and a June 30, 2020 House Financial Services Committee hearing transcript. The declaration is signed /s/ Jason D. Evans.

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF NORTH CAROLINA 
T.C. KOZIARA, PLLC, FAHMIA, INC., 
individually and on behalf of all others 
similarly situated, 
Plaintiffs, 
v. 
WELLS FARGO & CO., WELLS FARGO 
BANK, N.A., and DOES 1 through 100, 
inclusive, 
Defendants. 
Case No. 1:20-cv-00588 
DECLARATION OF JASON D. EVANS 
IN SUPPORT OF WELLS FARGO & CO. AND WELLS FARGO 
BANK, N.A.’S MOTION TO DISMISS PLAINTIFFS’ COMPLAINT 
I, Jason D. Evans, declare as follows: 
1.
I am an attorney duly licensed by the State of North Carolina and admitted 
to practice before this Court.  I am a partner at Troutman Pepper Hamilton Sanders LLP, 
and I represent Defendants Wells Fargo & Co. and Wells Fargo Bank, N.A. in the above-
titled action.  I submit this declaration in support of Wells Fargo & Co. and Wells Fargo 
Bank, N.A.’s Motion to Dismiss Plaintiffs’ Complaint.  I am aware of the facts stated 
below based on my own personal knowledge. 
2.
Attached hereto as Exhibit 1 are true and correct excerpts from the Small 
Business Administration’s (SBA) Standard Operating Procedure (SOP) 50 10 5(K), 
available 
at 
SBA’s 
website 
at 
https://www.sba.gov/sites/default/files/2019-
Case 1:20-cv-00588-UA-LPA     Document 16     Filed 09/15/20     Page 1 of 4

-2- 
02/SOP%2050%2010%205%28K%29%20FINAL%202.15.19%20SECURED
%20copy%20paste.pdf. 
3.
Attached hereto as Exhibit 2 is a true and correct copy of SBA’s Fee 
Disclosure and Compensation Agreement (SBA Form 159), available at SBA’s website at 
https://www.sba.gov/sites/default/files/2018-09/Form%20159%20-%20%28FINAL%29
%209.10.18.pdf.  
4.
Attached hereto as Exhibit 3 is a true and correct copy of the Paycheck 
Protection Program (PPP) Information Sheet – Lenders issued by the Department of the 
Treasury, 
and 
available 
at 
its 
website 
at 
https://home.treasury.gov/system/files/136/PPP%20Lender%20Information%20Fact%
20Sheet.pdf?. 
5.
Attached hereto as Exhibit 4 is a true and correct copy of the Paycheck 
Protection Program Borrower Application Form (SBA Form 2483), available at the SBA’s 
website at https://www.sba.gov/sites/default/files/2020-04/PPP-Borrower-Application-
Form-Fillable.pdf. 
6.
Attached hereto as Exhibit 5 is a true and correct copy of the SBA’s Paycheck 
Protection Program (PPP) Report as of August 8, 2020, available at the SBA’s website at 
https://www.sba.gov/sites/default/files/2020-08/PPP_Report%20-%202020-08-10-
508.pdf. 
7.
Attached hereto as Exhibit 6 is a true and correct copy of a news release 
issued by Wells Fargo entitled “Wells Fargo Launches $400 Million Small Business 
Recovery Effort,” dated July 9, 2020 and available at https://newsroom.wf.com/press-
release/community-banking-and-small-business/wells-fargo-launches-400-million-
small-business.  
8.
Attached hereto as Exhibit 7 is a true and correct copy of a Special Report 
issued by the American Institute of Certified Public Accountants’ Center for Plain English 
Case 1:20-cv-00588-UA-LPA     Document 16     Filed 09/15/20     Page 2 of 4

-3- 
Accounting, entitled “Small Business Loans under the Payroll Protection Program – Issues 
Related to CPA Involvement” and dated April 22, 2020. 
9.
Attached hereto as Exhibit 8 is a true and correct copy of a transcript from 
the House Financial Services Committee’s Hearing on Oversight of the Treasury 
Department’s and Federal Reserve’s Pandemic Response, held on June 30, 2020.  A video 
recording of the hearing is available at https://www.congress.gov/event/116th-
congress/house-event/110839, and the cited testimony is at 1:32:02 to 1:33:48. 
10.
Attached hereto as Exhibit 9 is a true and correct copy of the SBA 7(a) 
Borrower Information Form (SBA Form 1919), available at the SBA’s website at 
https://www.sba.gov/sites/default/files/2018-03/SBA-1919.pdf. 
11.
Attached hereto as Exhibit 10 is a true and correct copy of the Paycheck 
Protection Program Lender Application Form – Paycheck Protection Program Loan 
Guaranty (SBA Form 2484), available at the SBA’s website at https://www.sba.gov/
sites/default/files/2020-04/PPP%20Lender%20Application%20Form_0.pdf. 
12.
Attached hereto as Exhibit 11 is a true and correct copy of the SBA’s Office 
of Inspector General’s Report No. 19-01 entitled “Report on the Most Serious 
Management and Performance Challenges Facing the Small Business Administration in 
Fiscal Year 2019” and dated October 11, 2018, available at the SBA’s website at 
https://www.sba.gov/sites/default/files/oig/SBA-OIG-Report-19-01.pdf.  
Dated: 
September 15, 2020 
/s/ Jason D. Evans
Jason D. Evans
Case 1:20-cv-00588-UA-LPA     Document 16     Filed 09/15/20     Page 3 of 4

-4- 
CERTIFICATE OF SERVICE 
I certify that on September 15, 2020, all counsel of record are being served with a 
copy of this document via the Court’s CM/ECF system. 
By:  /s/ Jason D. Evans                                
 Jason D. Evans 
Case 1:20-cv-00588-UA-LPA     Document 16     Filed 09/15/20     Page 4 of 4

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