Factual Basis — No. 3:24-cr-00044 (Dkt. 32, W.D.N.C.)

Summary

A factual basis filed June 26, 2024 by the U.S. Attorney for the Western District of North Carolina in support of Antoine Johnson's guilty plea in Docket No. 3:24-cr-44-FDW, under Local Criminal Rule 11.2. It states that Johnson and Maddox conspired to commit wire fraud through materially false representations, and that Maddox signed a bank note for a loan of $306,414.48 that Pinnacle funded. It also states that in PPP Loan Application x7907 to Cross River Bank, Johnson falsely represented that the business had a physical office space and a lease agreement, in violation of Title 18, United States Code, Section 1014 and 2. Defense counsel Rob Heroy and Michael Greene certify that the defendant does not dispute the factual basis.

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.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

UNITED STATES OF AMERICA )
) DOCKET NO.: 3:24-cr-44-FDW
Vv. )
) FACTUAL BASIS
(1) ANTOINE JOHNSON )
)

NOW COMES the United States of America, by and through Dena J. King, United States
Attorney for the Western District of North Carolina, and hereby files this Factual Basis in support
of the defendant’s guilty plea filed in this matter.

This Factual Basis is filed pursuant to Local Criminal Rule 11.2 and does not attempt to
set forth all of the facts known to the United States at this time. By their signatures below, the
parties expressly agree that there is a factual basis for the guilty plea(s) that the defendant will
tender, and that the facts set forth in this Factual Basis are sufficient to establish all of the elements
of the crime(s). The parties agree not to object to or otherwise contradict the facts set forth in this
Factual Basis.

Upon acceptance of the plea, the United States will submit to the Probation Office a
“Statement of Relevant Conduct” pursuant to Local Criminal Rule 32.4. The defendant may
submit (but is not required to submit) a response to the Government’s “Statement of Relevant
Conduct” within seven days of its submission. The parties understand and agree that this Factual
Basis does not necessarily represent all conduct relevant to sentencing. The parties agree that they
have the right to object to facts set forth in the presentence report that are not contained in this
Factual Basis. Either party may present to the Court additional relevant facts that do not contradict
facts set forth in this Factual Basis.

1. Defendants ANTOINE JOHNSON (“JOHNSON”) and KIMBERLY MADDOX
(“MADDOX”) were married and residents of Huntersville, North Carolina, within the Western
District of North Carolina.

2. Between 2018 through 2023, JOHNSON and MADDOX knowingly devised and
executed a scheme to fraudulently obtain lines of credit, bank loans, and COVID-19 pandemic
relief funds on behalf of their business, Pick Up and Go Moving, International, Inc. (‘“PUGMI’),
by submitting false information, including false tax documents, false financial information, and
fake employment data, in support of more than 30 loans, totaling more than $2 million.

3. PUGMI was registered in North Carolina, with a business address in Huntersville,

North Carolina. JOHNSON was the president and MADDOX was the vice-president; both were
co-owners of PUGMI.

Case 3:24-cr-00044-FDW-SCR Document 32 Filed 06/26/24 Page 1 of 3

4. JOHNSON and MADDOX maintained a business bank account at Charlotte Metro
Credit Union ending in x8290 on behalf of PUGMI (the “CMCU Account”).

5. Cross River Bank and Pinnacle were financial institutions, the accounts and
deposits of which were insured by the Federal Deposit Insurance Corporation (“FDIC”).

Count One

6. From in or around 2018 through in or around 2023, in Mecklenburg County, within
the Western District of North Carolina, and elsewhere, JOHNSON and MADDOX did knowingly
combine, conspire, confederate, and agree with one another to commit offenses against the United
States, those being bank fraud, in violation of Title 18, United States Code, Section 1344; and wire
fraud in violation of Title 18, United States Code, Section 1343, all in violation of Title 18, United
States Code, Section 1349.

a. Bank Fraud: It was a part and an object of the conspiracy that JOHNSON and
MADDOX, would and did execute and attempt to execute a scheme and artifice
to obtain monies owned by, or in the custody or control of, one or more financial
institutions, by means of materially false and fraudulent pretenses,

representations, and promises, in violation of Title 18, United States Code,
Section 1344(2).

i. For example, on or about June 9, 2020, a loan application was submitted
to Pinnacle with a falsified 2017 PUGMI tax record, which falsely
represented that PUGMI had an annual sales revenue of $5.4 million.
On or about August 27, 2020, JOHNSON and MADDOX signed a bank
note for a PUGMI loan in the amount of $306,414.48, which was
subsequently funded by Pinnacle.

b. Wire Fraud: It was a part and an object of the conspiracy that JOHNSON and
MADDOX, with the intent to defraud, did knowingly and intentionally devise
a scheme and artifice to defraud and to obtain money and property by means of
materially false and fraudulent pretenses, representations, and promises, and by
concealment of material facts, and for the purpose of executing such scheme
and artifice to defraud, did transmit and cause to be transmitted by means of
wire communication in interstate commerce any writing, signal, picture, and
sound, to wit, electronic loan applications, wire transfers, and other electronic
financial transactions in interstate commerce, in violation of Title 18, United
States Code, Section 1343.

c. The schemes to defraud involved 10 or more victim financial institutions.

d. JOHNSON intentionally engaged in or caused the conduct constituting
sophisticated means.

Case 3:24-cr-00044-FDW-SCR Document 32 Filed 06/26/24 Page 2 of 3

Count Two

7. On or about February 25, 2021, in Mecklenburg County, within the Western
District of North Carolina and elsewhere, JOHNSON did knowingly make and cause to be made
a false statement with the intent to influence the actions of Cross River Bank, to wit, in PPP Loan
Application x7907, JOHNSON, among other things, falsely represented that the business had a
physical office space and a lease agreement, in violation of Title 18, United States Code, Section
1014 and 2.

DENA J. KING
UNITED STATES ATTORNEY

} .
Caryn Finley
ASSISTANT UNITED STATES ATTORNEY

Defendant’s Counsel’s Signature and Acknowledgment

I have read this Factual Basis and the Bill of Indictment, and have discussed them with the
defendant. Based on those discussions, I am satisfied that the defendant understands the Factual
Basis and the Bill of Indictment. I hereby certify that the defendant does not dispute this Factual

Basis. ;
be a DATED: Y@/ 44 4,

Rob Heroy, Attorney for Defendant

Waa: patep: ce /a¢/ 24
Michael Greene, A ey for Defendant

Case 3:24-cr-00044-FDW-SCR Document 32 Filed 06/26/24 Page 3 of 3

File and source

File

32.pdf

Size

560,391 bytes

SHA-256

9eaa1ecb6c1639f854a11d89ab357611bff0d3b2457f81b32a89cb9d9b564245

Our copy

32.pdf