Plea Agreement — United States v. Rogers

Record facts

U.S. District Court, Middle District of Florida (Jacksonville Division) · No. 3:24-cr-00190-WWB-SJH · Doc. 42 · 2025-06-02 · Docket on CourtListener

Full text

FILED IN OPEN COURT

UNITED STATES DISTRICT COURT clewil
MIDDLE DISTRICT OF FLORIDA — CLERK. U. S. DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION JACKSONVILLE, FLORIDA

UNITED STATES OF AMERICA
V. CASE NO. 3:24-cr-190-WWB-SJH
CARNISHA MAURICA ROGERS
PLEA AGREEMENT

Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by
Gregory W. Kehoe, United States Attorney for the Middle District of
Florida, and the defendant, Carnisha Maurica Rogers, and the attorney for
the defendant, Robert Calvin Rivers, Esq., mutually agree as follows:

A. Particularized Terms

1. Counts Pleading To

The defendant shall enter a plea of guilty to Counts One, Six,
and Eight of the Indictment. Count One charges the defendant with
conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349. Count
Six charges the defendant with false representation of a Social Security
number, in violation of 42 U.S.C. § 408(a)(7)(B). Count Eight charges the

defendant with wire fraud, in violation of 18 U.S.C. § 1343.

Defendant's Initials CY AF Approval_ JHM
2. Maximum Penalties

Count One carries a maximum sentence of up to 20 years of
imprisonment, a fine of up to $250,000, or twice the gross gain caused by
the offense, or twice the gross loss caused by the offense, whichever is
greater, or both, a term of supervised release of up to 3 years, and a
special assessment of $100. A violation of the terms and conditions of
supervised release carries a maximum sentence of up to 2 years of
imprisonment, as well as the possibility of an additional term of supervised
release. With respect to certain offenses, the Court shall order the
defendant to make restitution to any victim of the offenses or to the
community.

Count Six carries a maximum sentence of up to 5 years of
imprisonment, a fine of up to $250,000, or twice the gross gain caused by
the offense, or twice the gross loss caused by the offense, whichever is
greater, or both, a term of supervised release of up to 3 years, anda
special assessment of $100. A violation of the terms and conditions of
supervised release carries a maximum sentence of up to 2 years of
imprisonment, as well as the possibility of an additional term of supervised

release. With respect to certain offenses, the Court shall order the

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defendant to make restitution to any victim of the offenses or to the
community.

Count Eight carries a maximum sentence of up to 20 years
imprisonment, a fine of up to $250,000, or twice the gross gain caused by
the offense, or twice the gross loss caused by the offense, whichever is
greater, or both, a term of supervised release of up to 3 years, and a
special assessment of $100. A violation of the terms and conditions of
supervised release carries a maximum sentence of up to 2 years of
imprisonment, as well as the possibility of an additional term of supervised
release. With respect to certain offenses, the Court shall order the
defendant to make restitution to any victim of the offenses or to the
community.

The cumulative maximum penalties for Counts One, Six, and
Eight are up to 45 years of imprisonment, fines of up to $750,000, or twice
the gross gain caused by the offenses, or twice the gross loss caused by
the offenses, whichever is greater, or both, a term of supervised release of
up to 3 years, and $300 in special assessments. A violation of the terms
and conditions of supervised release carries a maximum sentence of up to
6 years of imprisonment, as well as the possibility of an additional term of

supervised release. With respect to certain offenses, the Court shall order

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the defendant to make restitution to any victim of the offenses or to the

community.

a Elements of the Offenses

The defendant acknowledges understanding the nature and

elements of the offenses with which defendant has been charged and to

which defendant is pleading guilty.

Count One

(oon

Firs

Second:

Count Six

two or more persons, in some way or manner,

agreed to try to accomplish a common and unlawful
plan to commit wire fraud, as charged in the Indictment;
and

the defendant knew the unlawful purpose of the plan
and willfully joined in it.

the defendant knowingly represented to someone that
the Social Security number described in the Indictment
had been assigned to the defendant by the
Commissioner of Social Security:

at the time, the Social Security number had not been
assigned to the defendant; and

the defendant made such representation willfully and
with the intent to deceive, for the purpose as charged in
the Indictment.

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Count Eight

First: the defendant knowingly devised or participated in a
scheme to defraud to obtain money or property by using
false or fraudulent pretenses, representations, or
promises;

second: the false pretenses, representations, or promises were
about a material fact;

Third: the defendant acted with the intent to defraud; and

Fourth: the defendant transmitted or caused to be transmitted
by wire some communication in interstate commerce to
help carry out the scheme to defraud.

4. Counts Dismissed

At the time of sentencing, the remaining counts against the
defendant, Count Two through Five and Seven, will be dismissed pursuant
to Fed. R. Crim. P. 11(c)(1)(A). However, the defendant understands that
the conduct giving rise to the charges set forth in Counts Two through Five
and Seven may be considered relevant conduct by the Probation Office
and the Court in determining the defendant’s sentence under the
Sentencing Guidelines and under 18 U.S.C. § 3553.

5. Mandatory Restitution

Pursuant to 18 U.S.C. § 3663A(a) and (b), the defendant agrees to

make full restitution to any victims.

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6. Acceptance of Responsibility - Three Levels

At the time of sentencing, and in the event that no adverse
information is received suggesting such a reconimendation to be
unwarranted, the United States will recommend to the Court that the
defendant receive a two-level downward adjustment for acceptance of
responsibility, pursuant to USSG § 3E1.1(a). The defendant understands
that this recommendation or request is not binding on the Court, and if not
accepted by the Court, the defendant will not be allowed to withdraw from
the plea.

Further, at the time of sentencing, if the defendant's offense
level prior to operation of subsection (a) is level 16 or greater, and if the
defendant complies with the provisions of USSG § 3E1.1(b) and all terms
of this Plea Agreement, including but not limited to, the timely submission
of the financial affidavit referenced in Paragraph B.5., the United States
agrees to file a motion pursuant to USSG § 3E1.1(b) for a downward
adjustment of one additional level. The defendant understands that the
determination as to whether the defendant has qualified for a downward
adjustment of a third level for acceptance of responsibility rests solely with
the United States Attorney for the Middle District of Florida, and the

defendant agrees that the defendant cannot and will not challenge that

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determination, whether by appeal, collateral attack, or otherwise. The
defendant understands that this recommendation or request is not binding
on the Court, and if not accepted by the Court, the defendant will not be
allowed to withdraw from the plea.

7. Forfeiture of Assets

The defendant agrees to forfeit to the United States
immediately and voluntarily any and all assets and property, or portions
thereof, subject to forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c), whether in the possession or control of the United
States, the defendant or defendant's nominees.

The assets to be forfeited specifically include, but are not
limited to, the $20,832 in proceeds the defendant admits she obtained, as
the result of the commission of the wire fraud offense charged in Count
Eight, to which the defendant is pleading guilty. The defendant
acknowledges and agrees that: (1) the defendant obtained this amount as
a result of the commission of the offense charged in Count Eight, and (2)
as a result of the acts and omissions of the defendant, the proceeds have
been transferred to third parties and cannot be located by the United
States upon the exercise of due diligence. Therefore, the defendant

agrees that, pursuant to 21 U.S.C. § 853(p), the United States is entitled to

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forfeit any other property of the defendant (substitute assets), up to the
amount of proceeds the defendant obtained, as the result of the offense(s)
of conviction. The defendant further consents to, and agrees not to
oppose, any motion for substitute assets filed by the United States up to
the amount of proceeds obtained from commission of the offense(s) and
consents to the entry of the forfeiture order into the Treasury Offset
Program. The defendant agrees that forfeiture of substitute assets as
authorized herein shall not be deemed an alteration of the defendant's
sentence.

The defendant additionally agrees that since the criminal
proceeds have been transferred to third parties and cannot be located by
the United States upon the exercise of due diligence, the preliminary and
final orders of forfeiture should authorize the United States Attorney’s
Office to conduct discovery (including depositions, interrogatories,
requests for production of documents, and the issuance of subpoenas),
pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, to
help identify, locate, and forfeit substitute assets.

The defendant also agrees to waive all constitutional,
Statutory, and procedural challenges (including direct appeal, habeas

corpus, or any other means) to any forfeiture carried out in accordance

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with this Plea Agreement on any grounds, including that the forfeiture
described herein constitutes an excessive fine, was not properly noticed in
the charging instrument, addressed by the Court at the time of the guilty
plea, announced at sentencing, or incorporated into the judgment.

The defendant admits and agrees that the conduct described
in the Factual Basis below provides a sufficient factual and statutory basis
for the forfeiture of the property sought by the government. Pursuant to
Rule 32.2(b)(4), the defendant agrees that the preliminary order of
forfeiture will satisfy the notice requirement and will be final as to the
defendant at the time it is entered. In the event the forfeiture is omitted
from the judgment, the defendant agrees that the forfeiture order may be
incorporated into the written judgment at any time pursuant to Rule 36.

The defendant agrees to take all steps necessary to identify
and locate all substitute assets and to transfer custody of such assets to
the United States before the defendant’s sentencing. To that end, the
defendant agrees to make a full and complete disclosure of all assets over
which defendant exercises control, including all assets held by nominees,
to execute any documents requested by the United States to obtain from
any other parties by lawful means any records of assets owned by the

defendant, and to consent to the release of the defendant’s tax returns for

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the previous five years. The defendant agrees to be interviewed by the
government, prior to and after sentencing, regarding such assets. The
defendant further agrees to be polygraphed on the issue of assets, if it is
deemed necessary by the United States. The defendant agrees that
Federal Rule of Criminal Procedure 11 and USSG § 1B1.8 will not protect
from forfeiture assets disclosed by the defendant as part of the defendant’s
cooperation.

The defendant agrees to take all steps necessary to assist the
government in obtaining clear title to any substitute assets before the
defendant’s sentencing. In addition to providing full and complete
information about substitute assets, these steps include, but are not limited
to, the surrender of title, the signing of a consent decree of forfeiture, and
signing of any other documents necessary to effectuate such transfers.

Forfeiture of the defendant's assets shall not be treated as
satisfaction of any fine, restitution, cost of imprisonment, or any other
penalty the Court may impose upon the defendant in addition to forfeiture.

The defendant agrees that, in the event the Court determines
that the defendant has breached this section of the Plea Agreement, the

defendant may be found ineligible for a reduction in the Guidelines

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calculation for acceptance of responsibility and substantial assistance, and
may be eligible for an obstruction of justice enhancement.

The defendant agrees that the forfeiture provisions of this plea
agreement are intended to, and will, survive the defendant,
notwithstanding the abatement of any underlying criminal conviction after
the execution of this agreement. The forfeitability of any particular property
pursuant to this agreement shall be determined as if the defendant had
survived, and that determination shall be binding upon defendant's heirs,
successors and assigns until the agreed forfeiture, including the forfeiture
of any substitute assets, is final.

B. Standard Terms and Conditions

1. Restitution, Special Assessment and Fine

The defendant understands and agrees that the Court, in
addition to or in lieu of any other penalty, shall order the defendant to make
restitution to any victim of the offense(s), pursuant to 18 U.S.C. § 3663A,
for all offenses described in 18 U.S.C. § 3663A(c)(1); and the Court may
order the defendant to make restitution to any victim of the offense(s),
pursuant to 18 U.S.C. § 3663, including restitution as to all counts charged,
whether or not the defendant enters a plea of guilty to such counts, and

whether or not such counts are dismissed pursuant to this agreement. The

a
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defendant further understands that compliance with any restitution
payment plan imposed by the Court in no way precludes the United States
from simultaneously pursuing other statutory remedies for collecting
restitution (28 U.S.C. § 3003(b)(2)), including, but not limited to,
garnishment and execution, pursuant to the Mandatory Victims Restitution
Act, in order to ensure that the defendant's restitution obligation is
satisfied.

On each count to which a plea of guilty is entered, the Court
shall impose a special assessment pursuant to 18 U.S.C. § 3013.

2. Supervised Release

The defendant understands that the offense(s) to which the
defendant is pleading provide(s) for imposition of a term of supervised
release upon release from imprisonment, and that, if the defendant should
violate the conditions of release, the defendant would be subject to a
further term of imprisonment.

i Immigration Consequences of Pleading Guilty

The defendant has been advised and understands that, upon
conviction, a defendant who is not a United States citizen may be removed
from the United States, denied citizenship, and denied admission to the

United States in the future.

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4. Sentencing Information

The United States reserves its right and obligation to report to
the Court and the United States Probation Office all information concerning
the background, character, and conduct of the defendant, to provide -
relevant factual information, including the totality of the defendant's
criminal activities, if any, not limited to the count(s) to which defendant
pleads, to respond to comments made by the defendant or defendant's
counsel, and to correct any misstatements or inaccuracies. The United
States further reserves its right to make any recommendations it deems
appropriate regarding the disposition of this case, subject to any limitations
set forth herein, if any.

5. Financial Disclosures

Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P.
32(d)(2)(A)(ii), the defendant agrees to complete and submit to the United
States Attorney's Office within 30 days of execution of this agreement an
affidavit reflecting the defendant's financial condition. The defendant
promises that her financial statement and disclosures will be complete,
accurate and truthful and will include all assets in which she has any
interest or over which the defendant exercises control, directly or indirectly,

including those held by a spouse, dependent, nominee or other third party.

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The defendant further agrees to execute any documents requested by the
United States needed to obtain from any third parties any records of assets
owned by the defendant, directly or through a nominee, and, by the
execution of this Plea Agreement, consents to the release of the
defendant's tax returns for the previous five years. The defendant similarly
agrees and authorizes the United States Attorney's Office to provide to,
and obtain from, the United States Probation Office, the financial affidavit,
any of the defendant's federal, state, and local tax returns, bank records
and any other financial information concerning the defendant, for the
purpose of making any recommendations to the Court and for collecting
any assessments, fines, restitution, or forfeiture ordered by the Court. The
defendant expressly authorizes the United States Attorney's Office to
obtain current credit reports in order to evaluate the defendant's ability to
satisfy any financial obligation imposed by the Court.

6. Sentencing Recommendations

It is understood by the parties that the Court is neither a party
to nor bound by this agreement. The Court may accept or reject the
agreement, or defer a decision until it has had an opportunity to consider
the presentence report prepared by the United States Probation Office.

The defendant understands and acknowledges that, although the parties

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are permitted to make recommendations and present arguments to the
Court, the sentence will be determined solely by the Court, with the
assistance of the United States Probation Office. Defendant further
understands and acknowledges that any discussions between defendant
or defendant's ome and the attorney or other agents for the
government regarding any recommendations by the government are not
binding on the Court and that, should any recommendations be rejected,
defendant will not be permitted to withdraw defendant's plea pursuant to
this plea agreement. The government expressly reserves the right to
support and defend any decision that the Court may make with regard to
the defendant's sentence, whether or not such decision is consistent with
the government's recommendations contained herein.

7. Defendant's Waiver of Right to Appeal the Sentence

The defendant agrees that this Court has jurisdiction and
authority to impose any sentence up to the statutory maximum and
expressly waives the right to appeal defendant's sentence on any ground,
including the ground that the Court erred in determining the applicable
guidelines range pursuant to the United States Sentencing Guidelines,
except (a) the ground that the sentence exceeds the defendant's

applicable guidelines range as determined by the Court pursuant to the

Defendant’s Initials CL 15
United States Sentencing Guidelines; (b) the ground that the sentence
exceeds the statutory maximum penalty; or (c) the ground that the
sentence violates the Eighth Amendment to the Constitution; provided,
however, that if the government exercises its right to appeal the sentence
imposed, as authorized by 18 U.S.C. § 3742(b), then the defendant is
released from his waiver and may appeal the sentence as authorized by
18 U.S.C. § 3742(a).

8. Middle District of Florida Agreement

lt is further understood that this agreement is limited to the
Office of the United States Attorney for the Middle District of Florida and
cannot bind other federal, state, or local prosecuting authorities, although
this office will bring defendant's cooperation, if any, to the attention of other
prosecuting officers or others, if requested.

9. Filing of Agreement

This agreement shall be presented to the Court, in open court
or in camera, in whole or in part, upon a showing of good cause, and filed
in this cause, at the time of defendant's entry of a plea of guilty pursuant

hereto.

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10. Voluntariness

The defendant acknowledges that defendant is entering into
this agreement and is pleading guilty freely and voluntarily without reliance
upon any discussions between the attorney for the government and the
defendant and defendant's attorney and without promise of benefit of any
kind (other than the concessions contained herein), and without threats,
force, intimidation, or coercion of any kind. The defendant further
acknowledges defendant's understanding of the nature of the offense or
offenses to which defendant is pleading guilty and the elements thereof,
including the penalties provided by law, and defendant's complete
satisfaction with the representation and advice received from defendant's
undersigned counsel (if any). The defendant also understands that
defendant has the right to plead not guilty or to persist in that plea if it has
already been made, and that defendant has the right to be tried by a jury
with the assistance of counsel, the right to confront and cross-examine the
witnesses against defendant, the right against compulsory self-
incrimination, and the right to compulsory process for the attendance of
witnesses to testify in defendant's defense; but, by pleading guilty,
defendant waives or gives up those rights and there will be no trial. The

defendant further understands that if defendant pleads guilty, the Court

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may ask defendant questions about the offense or offenses to which
defendant pleaded, and if defendant answers those questions under oath,
on the record, and in the presence of counsel (if any), defendant's answers
may later be used against defendant in a prosecution for perjury or false
statement. The defendant also understands that defendant will be
adjudicated guilty of the offenses to which defendant has pleaded and, if
any of such offenses are felonies, may thereby be deprived of certain
rights, such as the right to vote, to hold public office, to serve on a jury, or
to have possession of firearms.

11. Factual Basis

Defendant is pleading guilty because defendant is in fact
guilty. The defendant certifies that defendant does hereby admit that the
facts set forth in the attached “Factual Basis,” which is incorporated herein
by reference, are true, and were this case to go to trial, the United States
would be able to prove those specific facts and others beyond a
reasonable doubt.

12. Entire Agreement

This plea agreement constitutes the entire agreement
between the government and the defendant with respect to the

aforementioned guilty plea and no other promises, agreements, or

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representations exist or have been made to the defendant or defendant's
attorney with regard to such guilty plea.
13. Certification
The defendant and defendant's counsel certify that this plea
agreement has been read in its entirety by (or has been read to) the
defendant and that defendant fully understands its terms.

4) 7}

DATED this _7 A day of Aprit/2025.

GREGORY W. KEHOE
United States Attorney

CARNISHA MAURICA ROGERS KEVIN C. FREIN
Defendant 7 Assistant United States Attorney

ROBERT C. RIVERS, ESQ.
Attorney for Defendant

Deputy Chief, Jacksonville Division

f
/

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA
V. CASE NO. 3:24-cr-190-WWB-SJH
CARNISHA MAURICA ROGERS

PERSONALIZATION OF ELEMENTS

Count One

1. Do you admit that from a date unknown, but from at least in or
about November 2017, and continuing through and including in or about
September 2019, in the Middle District of Florida, and elsewhere, that you,
along with your co-conspirators, agreed to try to accomplish a common
and unlawful plan, that is, to commit wire fraud as charged in Count One of
the Indictment?

2 Do you admit that you knew the unlawful purpose of the plan

and willfully joined in it?

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Count Six

1. On or about September 9, 2019, in the Middle District of
Florida, did you knowingly falsely represent to M.B. of Orange Park, that
the Social Security number ending in 7130 had been assigned to you by
the Commissioner of Social Security?

z. Do you admit that at that time the Social Security number
ending in 7130 had not been assigned to you?

3. Do you admit that you made such representation willfully and
with the intent to deceive, for the purpose of obtaining something of value
and for other purposes, that is, the attempted purchase of a vehicle from
M.B. of Orange Park?

Count Eight

1. Do you admit that from beginning on an unknown date, but
from at least in or about April 2021, and continuing through at least in or
about November 2021, in the Middle District of Florida, you knowingly
devised and participated in a scheme to defraud to obtain money or
property by using false pretenses, representations, and promises?

2. Do you admit that the false pretenses, representations, and
promises were about a material fact?

3. Do you admit that you acted with an intent to defraud?

Defendant’s Initials ( wa 21
4. Do you admit that you caused to be transmitted by wire some
communication in interstate commerce to help carry out the scheme to
defraud, that is, an Automated Clearing House (ACH) / wire transfer
through the ACH network of proceeds from a fraudulent Paycheck
Protection Program loan in the amount of $20,832.00 from Prestamos to

your Fifth Third Bank account in Jacksonville, Florida?

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
UNITED STATES OF AMERICA
V. CASE NO. 3:24-cr-190-WWB-SJH
CARNISHA MAURICA ROGERS

FACTUAL BASIS

Beginning on an unknown date, but not later than in or about
November 2017, and continuing through and including at least September
2019, as part of a conspiracy to commit wire fraud, Carnisha Maurica
Rogers (Rogers) and her co-conspirators fraudulently obtained the Social
Security numbers (SSN) of genuine individuals. Rogers and others would
recruit individuals to obtain lines of credit at various businesses, using the
SSNs. Rogers and others would provide the recruited individuals with the
names of businesses to contact online and/or over the phone to apply for a
line of credit, using the SSNs. Rogers instructed conspirators to at times
use their own personal identification information, combined with the stolen
SSN when applying for a line of credit from a business. If an individual was
successful in obtaining a line of credit from a business, Rogers and others

instructed the individual to contact the business and among other things,

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increase the line of credit, change the address on the account, and/or add
authorized users to the account.

After obtaining a line of credit, Rogers and others would use the line
of credit to purchase merchandise and instruct conspirators to purchase
merchandise. This conspiracy included Rogers assisting two conspirators
with fraudulently obtaining a vehicle, using SSNs that did not belong to the
two conspirators. Rogers also used fraudulently obtained SSNs in order to
apply for lines of credit from businesses. Rogers and her conspirators
would sometimes resell on Facebook the merchandise fraudulently
purchased from businesses, using a conspirator’s Facebook account
under the name of Crystal Wistle. Among other businesses defrauded or
attempted to be defrauded during the timeframe of the conspiracy were
multiple furniture stores, Lowes, Sam’s Club, Wal-Mart, Signet Jewelers
and its companies to include Kay Jewelers and Jared who offered
customers a line of credit underwritten by Synchrony Bank.

On or about September 9, 2019, Rogers and a conspirator entered
the business of M.B. of Orange Park in the Middle District of Florida. Using
her genuine personal identification information and a compromised SSN,
Rogers applied as a co-applicant with a conspirator to purchase a vehicle.

On the application for the purchase of the vehicle Rogers falsely

Defendant’s Initials Co
represented to M.B. of Orange Park that the SSN ending in 7130 was her
SSN. At the time of this false representation, Rogers knew that the SSN
ending in 7130 was not her SSN. As part of the transaction, Rogers also
falsely represented her employer and salary. M.B. of Orange Park declined
the application to purchase a vehicle.

In 2023, U.S. Secret Service Special Agent (SA) Lomonaco began
investigating a Small Business Administration (SBA) Paycheck Protection
Program (PPP) loan for a purported business associated with Rogers.
Rogers applied over the internet for the PPP loan. He determined that on
or about May 25, 2021, Blue Acorn, a third party processor for PPP loan
applications, received Rogers’ signed PPP loan application, that is, an
SBA Form 2483-C PPP Borrower Application Form (PPP loan application).
Accompanying the PPP loan application was an image of Rogers’ Florida
driver license containing a photo of her and her personal identification
information, as required by Blue Acorn. In the PPP loan application,
Rogers falsely claimed that her purported business generated gross
income of $109,575. She falsely certified among other things that her
business was in operation on February 15, 2020, and that the funds would
be used for authorized expenditures under the rules of the PPP. Rogers

further falsely certified that her application and all supporting

Defendant's Initials CY

documentation she submitted were true and accurate. Accompanying the
PPP loan application among other items was an IRS Form 1040, Schedule
C, “Profit or Loss From Business’ (Form 1040) filed by Rogers. On the
Form 1040, Rogers falsely represented that she materially participated in
2020 in the business. She further falsely represented that her business
generated gross income of $109,575, incurred advertising expenses of
$2,992, office expenses of $959, travel expenses of $1,667, and other
business expenses of $6,195, resulting in a net profit of $97,762.

After processing it, Blue Acorn forwarded Rogers’ PPP loan
application and accompanying Form 1040 to Prestamos Community
Development Financial Institution (Prestamos). Prestamos was an SBA
Participating Lender located in Arizona and authorized by the SBA to lend
funds for approved PPP loan applications. As part of the PPP loan
application process, Rogers signed and submitted on June 3, 2021, over
the internet to Prestamos a “Business Purpose Statement SBA Paycheck
Protection Program” document. In this document Rogers falsely
represented that the proceeds of the PPP loan for $20,832 would only be
used for business related purposes, as authorized by the U.S. SBA PPP.
The documents signed by Rogers on June 3, 2021, and submitted to

Prestamos in Arizona in support of her fraudulent PPP loan application

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were sent from Florida to one of Prestamos computers servers outside the
state of Florida.

In reliance on the materially false statements and representations
contained in the PPP loan application and accompanying Form 1040,
Rogers’ PPP loan application was approved. Borrowing off a line of credit
from the Federal Reserve, Prestamos funded the PPP loan. On or about
June 3, 2021, Prestamos through an Automated Clearing House (ACH) /
wire transfer that traveled in interstate commerce through the ACH network
deposited into Rogers’ personal bank account at Fifth Third Bank $20,832,
in PPP loan proceeds. Rogers subsequently used the fraudulently
obtained loan proceeds for her own personal enrichment.

In October 2021, Rogers submitted a signed PPP loan forgiveness
application, that is, an SBA Form 3508S - PPP Loan Forgiveness
Application (PPP loan forgiveness application), that included multiple
materially false and fraudulent representations. In the PPP loan
forgiveness application Rogers certified among other things that the
amount of the loan spent on payroll costs was $18,000 and that the PPP
loan proceeds were only used for purposes eligible under the terms of the

PPP. In reliance on the materially false statements contained in the PPP

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loan forgiveness application in November 2021, the SBA forgave the entire

amount of the principal, plus interest on Rogers’ PPP loan.

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