Factual Proffer Statement — United States v. Denton, No. 0:21-cr-60171 (S.D. Fla.), Dkt. 34

Summary

A Factual Proffer, Document 34 entered July 22, 2021, in United States of America v. Cindi Ellis Denton, Case No. 21-cr-60171-SMITH/VALLE, U.S. District Court, Southern District of Florida. The United States and Defendant Cindi Ellis Denton agree that, had the case proceeded to trial, the United States would have proven beyond a reasonable doubt facts pertaining to violations of Title 18, United States Code, Sections 371 and 1343. The proffer states that from in around June 2020, through in or around at least September 2020, the Defendant conspired and agreed with Individual 1, Individual 2, and others to submit a fraudulent Paycheck Protection Program ("PPP") loan application. It then describes PPP loans as forgivable business loans created as part of the CARES Act.

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Case 0:21-cr-60171-RS Document 34 Entered on FLSD Docket 07/22/2021

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 21-cr-60171-SMITH/VALLE

UNITED STATES OF AMERICA
vs.
CINDI ELLIS DENTON,

Defendant.
/

FACTUAL PROFFER

The United States and Defendant Cindi Ellis Denton (“Defendant”) agree that had this
case proceeded to trial, the United States of America would have proven, beyond a reasonable
doubt, the following facts, among others, pertaining to violations of Title 18, United States Code,
Sections 371 and 1343, which occurred in the Southern District of Florida and elsewhere.

From in around June 2020, through in or around at least September 2020, Defendant
knowingly and willfully conspired and agreed with Individual 1, Individual 2, and others to
submit and cause the submission of a fraudulent Paycheck Protection Program (“PPP”) loan
application. PPP loans are forgivable business loans for small businesses, created as part of the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the general purpose of which
was to help businesses pay their expenses during the COVID-19 Pandemic and to encourage
them to retain their employees. Generally, a business could seek a PPP loan in the amount of 2.5
times its average monthly payroll.

A PPP loan application was processed by a participating lender. If a PPP loan application
was approved, the participating lender funded the PPP Joan using its own monies. While it was

the participating lender that issued the PPP loan, the loan was 100% guaranteed by the Small

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