Criminal Complaint and Affidavit — U.S. v. Bully (S.D. Fla.)

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U.S. District Court, Southern District of Florida · No. 9:23-mj-08415-WM · Doc. 1 · 2023-08-16 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
         
         CASE NO. 23-mj-8415-WM 
 
UNITED STATES OF AMERICA 
 
v. 
 
EMMANUEL BULLY, JR., 
 
 
 
Defendant. 
___________________________________/ 
  
CRIMINAL COVER SHEET 
 
1. Did this matter originate from a matter pending in the Northern Region of the United States 
Attorney=s Office prior to August 8, 2014 (Mag. Judge Shaniek M. Maynard)?  No. 
 
2. Did this matter originate from a matter pending in the Central Region of the United States 
Attorney=s Office prior to October 3, 2019 (Mag. Judge Jared M. Strauss)?   No. 
 
3. Did this matter involve the participation of or consultation with now Magistrate Judge 
Eduardo I. Sanchez during his tenure at the U.S. Attorney’s Office, which concluded on 
January 22, 2023?  No.  
 
 
Respectfully submitted, 
MARKENZY LAPOINTE 
UNITED STATES ATTORNEY 
 
 
By: 
_______________________________                
Shannon Shaw 
Assistant United States Attorney 
FL Bar No. 92806 
500 South Australian Avenue 
West Palm Beach, FL 33401 
Phone: 561-209-1036 
E-mail: Shannon.Shaw@usdoj.gov 
Case 9:23-mj-08415-WM   Document 1   Entered on FLSD Docket 08/16/2023   Page 1 of 7

AO 91 (Rev. 11/11)   Criminal Complaint
UNITED STATES DISTRICT COURT
for the
__________ District of __________
United States of America
)
)
)
)
)
)
)
v.
Case No.
Defendant(s)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of
in the county of 
in the
District of
, the defendant(s) violated:
Code Section
Offense Description
This criminal complaint is based on these facts: 
u Continued on the attached sheet.
Complainant’s signature
Printed name and title
SXEVFULEHGDQGVworn to before me LQDFFRUGDQFHZLWKWKHUHTXLUHPHQWVRI)HG5&ULP3E\WHOHSKRQH)DFHWLPH.
Date:
Judge’s signature
City and state:
Printed name and title
         Southern District of Florida
EMMANUEL BULLY, JR.
23-mj-8415-WM
September 27, 2021
Palm Beach
Southern
Florida
18 U.S.C. § 1343
Wire Fraud
Please see attached affidavit.
✔
Amanda Leach, Special Agent, FBI
West Palm Beach, FL
Hon. William Matthewman, U.S. Magistrate Judge
August 16, 2023
Case 9:23-mj-08415-WM   Document 1   Entered on FLSD Docket 08/16/2023   Page 2 of 7
SW
Aug 16, 2023
WPB

1 
 
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT 
 
Your affiant, Amanda Leach, first being duly sworn, does hereby depose and state as 
follows: 
1.  
I am a Special Agent with the Federal Bureau of Investigation (FBI) and have been 
so employed by the FBI since January 2021.  I am currently assigned to the complex financial 
crimes squad in the West Palm Beach office.  I have successfully completed special agent training 
at the FBI training center in Quantico, Virginia.  Among my responsibilities as an FBI Special 
Agent, I am trained and empowered to investigate crimes against the United States, including those 
arising under Title 18 of the United States Code, such as wire fraud. 
2.  
The facts set forth in this affidavit are based on my own personal knowledge, 
information obtained in this investigation from others, including other law enforcement officers, 
my review of documents related to this investigation, and information gained through training and 
experience.  Because this affidavit is being submitted for the limited purpose of establishing 
probable cause to support a Criminal Complaint, I have not included every fact known to me and 
law enforcement concerning this investigation, but have set forth only those facts necessary to 
establish probable cause to believe that on or about September 27, 2021, in Palm Beach County, 
in the Southern District of Florida, Emmanuel Bully, Jr. (“Bully”) committed the crime of wire 
fraud, in violation of Title 18, United States Code, Section 1343.  
PROBABLE CAUSE 
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 
Case 9:23-mj-08415-WM   Document 1   Entered on FLSD Docket 08/16/2023   Page 3 of 7

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enabling the establishment and viability of small businesses by assisting in the economy recovery 
of communities after disasters. 
4. 
The Economic Injury Disaster Loan (“EIDL”) program was an SBA program that 
existed before the COVID-19 pandemic to provide low-interest financing to small businesses, 
renters, and homeowners in regions affected by declared disasters. 
5. 
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal 
law enacted in or around March 2020 and designed to provide emergency financial assistance to 
the millions of Americans who are suffering the economic effects caused by the COVID-19 
pandemic.   One source of relief provided by the CARES Act was the authorization for the SBA 
to provide EIDLs of up to $2 million to eligible small businesses experiencing substantial financial 
disruption due to the COVID-19 pandemic.   
6. 
In order to obtain an EIDL, a qualifying business was required to submit an 
application to the SBA and provide information about its operations, such as the number of 
employees, gross revenues for the 12-month period preceding the disaster, and cost of goods sold 
in the 12-month period preceding the disaster.  In the case of EIDLs for COVID-19 relief, the 12-
month period preceding January 31, 2020.  The applicant was further required to “review and 
check all of the following” statements, which included a statement that the “Applicant is not 
engaged in any illegal activity (as defined by Federal guidelines).”  If the applicant was “unable to 
check all of the” certifications, the “Applicant [was] not an Eligible Entity.”  The applicant was 
further required to certify that all of the information in the application was true and correct to the 
best of the applicant’s knowledge.  
7. 
EIDL applications were submitted directly to the SBA and processed by the SBA 
with support from a government contractor.  The amount of the loan was determined based, in 
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part, on the information provided in the application concerning the number of employees, gross 
revenues, and cost of goods sold.  Any EIDL funds were issued directly by the SBA. 
8. 
On or about September 27, 2021, Bully submitted to the SBA, via wire 
communications, a false and fraudulent EIDL application for MB Tax Services LLC, using the 
Employer Identification Number for another company controlled by Bully with a location in Palm 
Beach County in the Southern District of Florida.  The corporate address and other personal 
information on the application were connected to Bully. 
9. 
IP address records establish that the application was submitted by an IP address 
connected to Bully in the Southern District of Florida.  Furthermore, the SBA servers are located 
outside of the state of Florida.  Thus, the wire transmission of the EIDL application was a 
communication in interstate commerce.  
10. 
In the EIDL application, Bully falsely represented the corporation’s gross revenues 
were $114,900.  In reality, the corporation was not an active, functioning corporation and did not 
have any gross revenues.  It was not impacted by the COVID-19 pandemic. 
11. 
As a result of the false and fraudulent application, the SBA approved the EIDL for 
the amount of $189,800. 
12. 
In reliance on the false representations made in the EIDL application for MB Tax 
Services LLC, on or about October 4, 2021, the SBA deposited an EIDL loan for $189,800 into 
the bank account listed in the EIDL application for MB Tax Services LLC.   
13. 
Bank records establish that Bully was the sole signatory on that bank account and 
exercised full control over it. 
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14. 
Furthermore, a review of the bank records shows that Bully spent the loan proceeds 
for his own personal use and benefit and not on payroll costs, interest on a mortgage, rent or 
utilities. 
15. 
On August 9, 2023, investigators interviewed Bully at his residence in the Southern 
District of Florida.  Bully admitted that he submitted the false and fraudulent EIDL application for 
MB Tax Services LLC.  He stated that he “made up” the numbers used in the application to be 
able to obtain EIDL funds.  He further admitted that he used the loan proceeds for his own personal 
expenses and not for the SBA-approved purposes. 
CONCLUSION 
16.  
Based on the foregoing facts, I submit that probable cause exists that Emmanuel 
Bully, Jr., committed the crime of wire fraud, in violation of Title 18, United States Code, Section 
1343. 
FURTHER YOUR AFFIANT SAYETH NAUGHT. 
 
 
  
 
 
 
 
 
    _______________________________________ 
AMANDA LEACH 
SPECIAL AGENT 
FEDERAL BUREAU OF INVESTIGATION 
 
Sworn and Attested to me by Applicant  
via Telephone (Facetime) pursuant to  
Fed. R. Crim. P. 4(d) and 4.1  
this __ day of August, 2023. 
 
 
_____________________________________ 
HON. WILLIAM M. MATTHEWMAN 
UNITED STATES MAGISTRATE JUDGE 
16
Case 9:23-mj-08415-WM   Document 1   Entered on FLSD Docket 08/16/2023   Page 6 of 7

 
*Refers only to possible term of incarceration, supervised release and fines.  It does not include 
restitution, special assessments, parole terms, or forfeitures that may be applicable. 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
 
PENALTY SHEET 
Defendant’s Name:    EMMANUEL BULLY, JR.                                                           
 
Case No:  23-mj-8415-WM                                                                                    
 
Count # 1:  
 
Wire Fraud 
 
 
                                                              
 
18 U.S.C. § 1343 
 
 
 
 
 
                                                     
* Max. Term of Imprisonment: 20 years 
* Mandatory Min. Term of Imprisonment (if applicable): N/A 
* Max. Supervised Release: 3 years 
* Max. Fine: $250,000 fine or twice the value of the gross gain or loss, whichever is greater 
 
 
 
 
Case 9:23-mj-08415-WM   Document 1   Entered on FLSD Docket 08/16/2023   Page 7 of 7

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