Criminal Information — United States v. Jordan (N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia, Atlanta Division · No. 1:24-cr-00304-SDG · Doc. 1 · 2024-10-10 · Docket on CourtListener

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FILED IN OPEN COURT 
u.s.o.c. -Atlanta 
OCT 1 0 2024 
KEVIN P. WEIMER, Clerk 
By :%f-Deputy Clerk 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED ST A TES OF AMERICA 
v. 
BOEROEPAE JORDAN 
Criminal Information 
No. l:24-CR-304 
THE UNITED ST ATES ATTORNEY CHARGES THAT: 
Background 
At all times relevant to this Information: 
The Defendant 
1. BOEROEPAE JORDAN ("JORDAN") was an individual residing in the Northern 
District of Georgia. 
2. Defendant JORDAN was released from Federal Bureau of Prisons custody on 
or about September 9, 2019, and began serving a six-year term of supervised 
release imposed as part of his sentence in Criminal Action No. l:13-CR-238, 
which followed a 72-month term of imprisonment for firearm offenses. 
The Small Business Administration 
3. The United States Small Business Administration ("SBA") was an executive 
branch agency of the United States government that provided support to 
entrepreneurs and small businesses. The mission of the SBA was to maintain and 
strengthen the nation's economy by enabling the establishment and viability of 
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small businesses and by assisting in the economic recovery of communities after 
disasters. 
4. As part of this effort, the SBA enabled and provided for loans through 
banks, credit unions, and other lenders. These loans had government-backed 
guarantees. 
The EIDL Advance Program 
5. The Coronavirus Aid, Relief, and Economic Security ("CARES") Act was a 
federal law enacted in or about March 2020 that was designed to provide 
emergency financial assistance to the millions of Americans who were suffering 
the economic effects caused by the COVID-19 pandemic. 
6. One source of relief that the CARES Act provided was the authorization of 
the SBA to offer Economic Injury Disaster Loan (EIDL) funding to business 
owners affected by the pandemic. Using the SBA online portal, EIDL applicants 
submitted personal and business information as part of each EIDL application. 
7. The EIDL application process involved filling out assorted data fields 
relating to the size of the affected business entity, the ownership of the business, 
the number of employees, and gross business revenues realized in the 12 months 
prior to the date of the disaster (January 31, 2020). This information was used by 
SBA application evaluation systems to calculate the principal amount of EIDL 
funding the small business was eligible to receive. 
8. As part of an EIDL application, an applicant may request and receive up to 
$10,000 as an EIDL Cash Advance Grant based on the number of employees 
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claimed. For each employee, the business was eligible for a $1,000 grant. The 
EIDL Cash Advance Grant need not be repaid to the SBA if the loan application 
was ultimately denied by the SBA or if the applicant later declines the EIDL that 
may be offered by the SBA. 
The Paycheck Protection Program 
9. Another source of relief that the CARES Act provided was the 
authorization of up to $349 billion in forgivable loans to small businesses for 
payroll, mortgage interest, rent/lease, and utilities through a program referred to 
as the Paycheck Protection Program ("PPP"). Congress has since authorized 
additional PPP funding. 
10. The PPP allowed qualifying small businesses and other organizations to 
receive PPP loans. Businesses must use PPP loan proceeds for payroll costs, 
interest on mortgages, rent, and utilities. The PPP allowed the interest and 
principal on the PPP loan to be entirely forgiven if the business spent the loan 
proceeds on these expense items within a designated period of time and used a 
certain percentage of the PPP loan proceeds for payroll expenses. 
11. The amount of a PPP loan that a small business may have been entitled to 
receive was determined by the number of employees employed by the business 
and the business's average monthly payroll costs. 
12. In order to obtain a PPP loan, a qualifying business was required to 
submit a PPP loan application, which was signed by an authorized 
representative of the business. The PPP loan application required the business 
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(through its authorized representative) to acknowledge the program rules and 
make certain affirmative certifications in order to be eligible to obtain the PPP 
loan. In the PPP loan application, the small business (through its authorized 
representative) had to state, among other things, its (a) average monthly payroll 
expenses and (b) number of employees. These figures were used to calculate the 
amount of money the small business was eligible to receive under the PPP. In 
addition, businesses applying for a PPP loan had to provide documentation 
showing their payroll expenses. 
13. The SBA oversaw the PPP. However, individual PPP loans were issued by 
private, approved lenders who received and processed PPP applications and 
supporting documentation, and then made loans using the lenders' own funds, 
which were 100% guaranteed by the SBA. Data from the application, including 
information about the borrower, the total amount of the loan, and the listed 
number of employees, was transmitted by the lender to the SBA in the course of 
processing the loan. 
Relevant Financial Institution 
14. Celtic Bank Corporation ("Celtic Bank") was a bank financial institution 
with headquarters in Salt Lake City, Utah. Celtic Bank participated in the SBA' s 
PPP as a lender, and, as such, was authorized to lend funds to eligible borrowers 
under the terms of the PPP. 
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Execution of the Scheme - Checking Account 
15. On or about March 13, 2020, Defendant JORDAN caused his mother, DJ, to 
open a business checking account at Wells Fargo with an account number ending 
in 3397 ("WF 3397") for the business A/E Multi-Diamond Entertainment 
Incorporated. The application to open the account stated that DJ was the "sole 
owner" and "owner with control of the entity," and that the business had two 
locations, ten employees, and annual gross sales of $20,000. Defendant JORDAN' s 
name was not listed on the account opening documents. 
Execution of the Scheme - EIDL Advance 
16. On or about April 5, 2020, Defendant JORDAN electronically submitted, 
and assisted in the submission of, an online request to the SBA via the internet 
for an EIDL Advance of $5,000. That request was submitted in the name of the 
business A/E Multi-Diamond Entertainment Incorporation, and stated that the 
business had five employees, was opened on December 28, 1977, and was 51 % 
owned by Defendant JORDAN and 49% owned by DJ. The submission requested 
that the EIDL Advance be deposited into WF 3397. 
17. On or about May 1, 2020, as a result of the online request, the SBA 
transferred $5,000 into WF 3397. 
Execution of the Scheme- PPP Loan 
18. On or about May 19, 2020, Defendant JORDAN electronically signed and 
submitted, and assisted in the submission of, a PPP Borrower Application Form 
for a business named AE Multi-Diamond Entertainment Inc. via the internet to 
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Celtic Bank. The application requested a loan in the amount of $291,250. The 
application stated that the purpose of the loan was payroll, lease/mortgage 
interest, and utilities; that AE Multi-Diamond Entertainment Inc. had 18 
employees and an average monthly payroll of $116,500; and that Defendant 
JORDAN owned 100% of the business. 
19. In addition, the PPP loan application contained the electronically signed 
initials of Defendant JORDAN to certify each of the following representations: 
a. The Applicant business was in operation on February 15, 2020, and 
had employees for whom it paid salaries and payroll taxes or paid 
independent contractors, as reported on Form(s) 1099-MISC; 
b. Current economic uncertainty makes this loan request necessary to 
support the ongoing operations of the Applicant; 
c. The funds will be used to retain workers and maintain payroll or 
make mortgage interest payments, lease payments, and utility 
payments; and 
d. The information provided in the application and in all supporting 
documents and forms is true and accurate in all material respects, 
and knowingly making a false statement is punishable under the 
law. 
20. In support of the application, Defendant JORDAN submitted, and assisted 
in the submission of, a falsified IRS Form 941 for January, February, and March 
2020 for A/E Multi-Diamond Entertainment Inc. The form stated that, for those 
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months in 2020, A/E Multi-diamond Entertainment Inc. paid $349,500.09 of 
wages and other compensation to 18 employees. Defendant JORDAN also 
submitted, and assisted in the submission of, a falsified account statement for WF 
3397 dated February 28, 2020. The checking statement listed an account balance 
of $424,504.41. 
21. However, A/E Multi-Diamond Entertainment Inc. was not a functioning 
business and did not have any employees. Defendant JORDAN had not filed the 
Form 941 with the IRS, and the WF 3397 business checking account did not exist 
until approximately March 13, 2020. 
22. On or about May 19, 2020, Defendant JORDAN electronically signed and 
submitted, and assisted in the submission of, via the internet, a U.S. Small 
Business Administration Promissory Note for SBA Loan Number ******7408 in 
the amount of $291,250. 
23. On or about May 20, 2020, as a result of the PPP loan application and note 
signed by Defendant JORDAN, Celtic Bank transferred $291,250 into his checking 
account. 
Count One 
Wire Fraud -18 U.S.C. § 1343 and§ 2 
24. The factual allegations contained in paragraphs 1 through 23 of this 
Information are re-alleged and incorporated by reference as if fully set forth 
herein. 
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25. On or about April 5, 2020, in the Northern District of Georgia, the 
Defendant, BOEROEPAEJORDAN, aided and abetted by others known and 
unknown, for the purpose of executing and attempting to execute the 
aforementioned scheme and artifice to defraud, and to obtain money and 
property by means of materially false and fraudulent pretenses, representations, 
and promises, and by omission of material facts, did, with intent to defraud, 
cause to be transmitted by means of a wire communication in interstate and 
foreign commerce certain writings, signs, signals, and sounds, namely, an EIDL 
Advance request containing false information related to the ownership, starting 
date, and number of employees of the business" A/E Multi-Diamond 
Entertainment Incorporation." 
All in violation of Title 18, United States Code, Section 1343 and Section 2. 
Count Two 
Wire Fraud -18 U.S.C. § 1343 and§ 2 
26. The factual allegations contained in paragraphs 1 through 23 of this 
Information are re-alleged and incorporated by reference as if fully set forth 
herein. 
27. On or about May 19, 2020, in the Northern District of Georgia, the 
Defendant, BOEROEPAEJORDAN, aided and abetted by others known and 
unknown, for the purpose of executing and attempting to execute the 
aforementioned scheme and artifice to defraud, and to obtain money and 
property by means of materially false and fraudulent pretenses, representations, 
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and promises, and by omission of material facts, said scheme affecting a financial 
institution, did, with intent to defraud, cause to be transmitted by means of a 
wire communication in interstate and foreign commerce certain writings, signs, 
signals, and sounds, namely, a PPP Borrower Application Form containing false 
information related to the existence and payroll expenses of the business AE 
Multi-Diamond Entertainment Inc. and the purpose of the applied-for PPP loan, 
accompanied by falsified tax and bank documentation. 
All in violation of Title 18, United States Code, Section 1343 and Section 2. 
Forfeiture 
Upon conviction of one or more of the offenses alleged in Counts One and 
Two of this Information, the defendant, B0ER0EPAE JORDAN, shall forfeit to the 
United States of America, pursuant to Title 18, United States Code, Section 
982(a)(2)(A), any property constituting, or derived from, proceeds obtained 
directly or indirectly, as a result of said violations, including, but not limited to, 
the following: 
MONEY JUDGMENT: A sum of money in United States 
currency, representing the amount of proceeds obtained as a 
result of the offenses alleged in Counts One through Two of 
this Information. 
If, as a result of any act or omission of the defendant, any property subject to 
forfeiture: 
a. cannot be located upon the exercise of due diligence; 
b. has been transferred or sold to, or deposited with, a third party; 
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c. has been placed beyond the jurisdiction of the Court; 
d. has been substantially diminished in value; or 
e. has been commingled with other property which cannot be divided 
without difficulty; 
the United States of America intends, pursuant to Title 21, United States Code, 
Section 853(p), as incorporated by Title 18, United States Code, Section 982(b)(l), 
to seek forfeiture of any other property of said defendant up to the value of the 
forfeitable property. 
RY AN K. BUCHANAN 
United States Attorney 
GARRETT L. BRADFORD 
Assistant United States Attorney 
Georgia Bar No. 07 43 7 4 
ERIN N. SPRITZER 
Assistant United States Attorney 
Georgia Bar No. 152374 
600 U.S. Courthouse 
75 Ted Turner Drive SW 
Atlanta, GA 30303 
404-581-6000; Fax: 404-581-6181 
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