Factual Resume - US v. Arriaga

Record facts

U.S. District Court, Northern District of Texas (Fort Worth Division) · No. 4:24-cr-00006-Y · Doc. 23 · 2024-02-07 · Docket on CourtListener

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Case 4:24-cr-00006-Y )Document 23 Filed 02/07/24 Page.1. at 2- pie Pagelb 53-7 nny
NORTHERN bis TRIC y OF TE NAS

_ BY i 1, le 7 —

IN THE UNITED STATES DISTRICT COURT CPR) QnA |
FOR THE NORTHERN DISTRICT OF TEXAS | pe

FORT WORTH DIVISION rr oe
CLER, US. Gs PRICE COURT
UNITED STATES OF AMERICA BY ooccnersne rip
v. No. &4: 26 - @- O0lo-+f
VIVIAN ARRIAGA
FACTUAL RESUME

I, Plea: The defendant is pleading guilty to Count One of the Information, which
charges Conspiracy to Commit Wire Fraud, in violation of 18 U.S.C. § 371 (18
U.S.C. § 1343).

IL. Penalties: The maximum penalties the Court can impose for Count One include:

a. imprisonment for a period not to exceed 5 years;

b. a fine not to exceed $250,000, or twice any pecuniary gain to the defendant
or loss to the victim(s);

c. a term of supervised release not to exceed 3 years, which may be
mandatory under the law and will follow any term of imprisonment. If the
defendant violates any condition of supervised release, the Court may
revoke such release term and require that the defendant serve any or all of
such term as an additional period of confinement;

d. a mandatory special assessment of $100;

e. restitution to victims or to the community, which may be mandatory under
the law, and which the defendant agrees may include restitution arising
from all relevant conduct;

f. forfeiture; and

g. costs of incarceration and supervision.

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Case 4:24-cr-00006-Y } Document 23 Filed 02/07/24 Page2of3 PagelD 54

Il. Elements of the Offense: The government must prove the following elements as to
Count One of the Information:

First: That the defendant and at least one other person made an agreement
to commit the crime of wire fraud, in violation of 18 U.S.C. § 1343,
as charged in the Information;

Second: That the defendant knew the unlawful purpose of the agreement and
joined in it willfully, that is, with the intent to further the unlawful
purpose; and

Third: That one of the coconspirators during the existence of the conspiracy

knowingly committed at least one of the overt acts described in the
Information, in order to accomplish some object or purpose of the
conspiracy.

The elements of wire fraud—the object of the offense—are as follows:

First: That a scheme to defraud existed;

Second: That the scheme to defraud employed false material representations
or pretenses;

‘Third: That the defendant transmitted or caused to be transmitted by way of

wire communications, in interstate or foreign commerce, any
writing, signal, or sound for the purpose of executing such scheme;

Fourth: That the defendant acted with a specific intent to defraud.

IV. Stipulated Facts:

From in or about April 2020 until in or around May 2021, in the Fort Worth
Division of the Northern District of Texas and elsewhere, Vivian Arriaga agreed
and conspired with others known and unknown to commit wire fraud. It was part
of the conspiracy and scheme that Arriaga, Coconspirator-1, Coconspirator-2, and
Coconspirator-3 would knowingly submit applications for Paycheck Protection
Program (“PPP”) loans containing false representations related to facts material to
eligibility for the loans and the amount of the loans. Arriaga and her
coconspirators submitted these loan applications via interstate wire from in or
around Scottsdale, Arizona to financial institutions headquartered in Redwood
City, California; San Francisco, California; Fort Lee, New Jersey; and Bedford,
Texas, in the Northern District of Texas. At least one of those lenders funded at

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Case 4:24-cr-00006-Y Document 23 Filed 02/07/24. Page3of3 PagelD55

least one of the PPP loans using reserves sent from the Federal Reserve to Bank in
Cleveland, Ohio to a bank located in Happy, Texas, in the Northern District of
Texas.

It was also part of the conspiracy and scheme that Arriaga, Coconspirator-
1, Coconspirator-2, and Coconspirator-3 falsely represented on PPP loan
applications submitted in or around August 2020 and in or around February 2021
that they earned income and qualified for the maximum PPP loans available to
sole proprietors in order to obtain PPP loans in the amount of about $20,833 each.
It was also part of the conspiracy that, as Arriaga knew, coconspirators known
and unknown created false documents to use in loan applications, including a false
bank statement that a coconspirator submitted in PPP loan applications seeking
approximately $20,006. In total, Arriaga and her coconspirators obtained at least
$63,798 in fraudulent PPP loans and sought additional loan funds in the amount of
at least $20,006.

In furtherance of the conspiracy, on or around August 10, 2020, in Arizona,
Arriaga digitally signed the promissory note through which she obtained a PPP
loan in the amount of about $20,833 and sent the note via electronic wire to a
lender located in or around Fort Lee, New Jersey. On or around February 5, 2021,
in Arizona, Arriaga digitally signed the application for a PPP loan in the amount
of about $20,833, causing a lender in or around Bedford, Texas, in the Northern
District of Texas, to disburse the loan proceeds to a bank account located outside
the state of Texas.

AGREED AND STIPULATED on this__« _day of __esemper 2023.
VIVIAK® ARRIAGA ANDREW PACHECO
Defendant Counsel for Defendant

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