U.S. v. Diamond Blue Smith

Case summary

U.S. v. Diamond Blue Smith, Case No. 21-CR-20001-COOKE (S.D. Fla.), is a Paycheck Protection Program prosecution. The record opens with a criminal complaint entered October 1, 2020 in Case No. 20-MJ-03723-EGT, charging wire fraud, bank fraud, and conspiracy or attempt to commit wire fraud and bank fraud for May 13 to August 24, 2020; the affidavit of IRS-CI Special Agent Warren E. Rogers, Jr. states that Smith obtained two fraudulent PPP loans for Throwbackjerseys.com, LLC and Blue Star Records, LLC through a cooperating person who submitted the applications in exchange for a kickback, and that conspirators planned or prepared at least 90 fraudulent applications, at least approximately 42 of them funded for approximately $17.4 million. An information filed January 5, 2021 charged conspiracy to commit wire fraud under 18 U.S.C. § 371; in the plea agreement entered August 13, 2021 Smith agrees to plead guilty to it, with a jointly recommended loss of more than $550,000 and less than $1,500,000, cooperation and a forfeiture money judgment of $1,134,782. The preliminary order of forfeiture entered October 25, 2021 recites that the Court accepted the guilty plea on August 4, 2021, names James Stote and Phillip J. Augustin as co-conspirators, notes that the Ferrari named in the information was administratively forfeited and enters the $1,134,782.00 money judgment. No judgment of sentence is hosted. The hosted docket ends with the forfeiture order.