Plea Agreement - United States v. April Elick

Record facts

U.S. District Court, Southern District of West Virginia · No. 1:25-cr-00056 · Doc. 15 · 2025-06-02 · Docket on CourtListener

Full text

United States Department of Justice

United States Attorney
Southern District of West Virginia

Robert C. Byrd United States Courthouse 1-800-659-8726
300 Virginia Street, East 304-345-2200
Suite 4000 FAX: 304-347-5104
Charleston, WV 25301

April 2, 2025

David R. Bungard, FAFPD
Federal Public Defender’s Office
300 Virginia Street, East. Room 3400 aE
Charleston, WV 25301 | US. District Cogn

bem D Sct of West Virginia - ;

Re: — United States v. April Elick
Criminal No. \'.2.S - c-0005(USDC SDWV)

Dear Mr. Bungard:

This will confirm our conversations concerning your client, April Elick (hereinafter “Ms.
Elick”). As a result of those conversations, it is agreed by and between the United States and Ms.
Elick as follows:

L CHARGING AGREEMENT. Ms. Elick agrees to waive her right pursuant to
Rule 7 of the Federal Rules of Criminal Procedure to be charged by indictment and will consent
to the filing of a single-count information to be filed in the United States District Court for the
Southern District of West Virginia, a copy of which is attached hereto as “Plea Agreement Exhibit
A.”

2. RESOLUTION OF CHARGES. Ms. Elick will plead guilty to a violation of 18
U.S.C. § 641 (Theft of Government Money) as charged in said information.

oi MAXIMUM POTENTIAL PENALTY. The maximum penalty to which Ms.
Elick will be exposed by virtue of this guilty plea is as follows:

(a) Imprisonment for a period of 10 years;

(b) A fine of $250,000.00, or twice the gross pecuniary gain or twice the gross
pecuniary loss resulting from defendant’s conduct, whichever is greater;

Defendant’s
Initials
David R. Bungard
April 2, 2025 Re: April Elick
Page 2

(c) A term of supervised release of 3 years;
(d) A mandatory special assessment of $100.00 pursuant to 18 U.S.C. § 3013; and

(e) An order of restitution pursuant to 18 U.S.C. §§ 3663 and 3664, or as otherwise set
forth in this plea agreement.

4, SPECIAL ASSESSMENT. Prior to the entry of a plea pursuant to this plea
agreement, Ms. Elick will tender a check or money order to the Clerk of the United States District
Court for $100.00, which check or money order shall indicate on its face the name of defendant
and the case number. The sum received by the Clerk will be applied toward the special assessment
imposed by the Court at sentencing. Ms. Elick will obtain a receipt of payment from the Clerk
and will tender a copy of such receipt to the United States, to be filed with the Court as an
attachment to this plea agreement. If Ms. Elick fails to provide proof of payment of the special
assessment prior to or at the plea proceeding, the United States will have the right to void this plea
agreement. In the event this plea agreement becomes void after payment of the special assessment,
such sum shall be promptly returned to Ms. Elick.

A RESTITUTION. — Notwithstanding the offense of conviction, Ms. Elick agrees
that she owes restitution to the Small Business Administration in the amount of: $82,721.29, and
restitution to Harvest Small Business Finance, LLC in the amount of $15,081.30 and agrees to pay
such restitution totaling $97,802.59 (see Addendum | to this plea agreement), with additional
interest that may accrue after March 5, 2024, as allowed by law, to the fullest extent financially
feasible. In aid of restitution, Ms. Elick further agrees as follows:

(a) Ms. Elick agrees to fully assist the United States in identifying and locating any
assets to be applied toward restitution and to give signed, sworn statements and
testimony concerning assets upon request of the United States.

(b) Ms. Elick will fully complete and execute, under oath, a Financial Statement and a
Release of Financial Information on forms supplied by the United States and will
return these completed forms to counsel for the United States within seven calendar
days from the date of the signing of this plea agreement.

(c) Ms. Elick agrees not to dispose of, transfer or otherwise encumber any real or
personal property which she currently owns or in which she holds an interest.

CGE.

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David R. Bungard
April 2, 2025 Re: April Elick
Page 3

(d) Ms. Elick agrees to fully cooperate with the United States in the liquidation of assets
to be applied towards restitution, to execute any and all documents necessary to
transfer title of any assets available to satisfy restitution, to release any and all right,
title and interest she may have in and to such property, and waives her right to
exemptions under the Federal Debt Collection Procedures Act upon levy against
and the sale of any such property.

(e) Ms. Elick agrees not to appeal any order of the District Court imposing restitution
unless the amount of restitution imposed exceeds the amount set forth in this plea
agreement. However, nothing in this provision is intended to preclude the Court
from ordering Ms. Elick to pay a greater or lesser sum of restitution in accordance
with law.

6. PAYMENT OF MONETARY PENALTIES. Ms. Elick authorizes the Financial
Litigation Program in the United States Attorney’s Office to obtain a credit report from any major
credit reporting agency prior to sentencing in order to assess her financial condition for sentencing
purposes. Ms. Elick agrees not to object to the District Court ordering all monetary penalties
(including the special assessment, fine, court costs, and any restitution that does not exceed the
amount set forth in this plea agreement) to be due and payable in full immediately and subject to
immediate enforcement by the United States. So long as the monetary penalties are ordered to be
due and payable in full immediately, Ms. Elick further agrees not to object to the District Court
imposing any schedule of payments as merely a minimum schedule of payments and not the only
method, nor a limitation on the methods, available to the United States to enforce the judgment.

Ms. Elick authorizes the United States, through the Financial Litigation Program, to submit
any unpaid criminal monetary penalty to the United States Treasury for offset in accordance with
the Treasury Offset Program, regardless of the defendant’s payment status or history at that time.

In addition to any payment ordered by the Court, Ms. Elick shall pay all monies received
from any source other than earned income, including but not limited to, lottery winnings, gambling
proceeds, judgments, inheritances, and tax refunds, toward the court ordered restitution or fine.

Ms. Elick agrees that if she retains counsel or has appointed counsel in response to the
United States’ efforts to collect any monetary penalty, she shall immediately notify the United
States Attorney’s Office, Attention: Financial Litigation Program, 300 Virginia Street E., Suite
4000, Charleston, West Virginia 25301, in writing and shall instruct her attorney to notify FLP
immediately of her representation.

Cee

Defendant’ S
Initials

David R. Bungard

April 2, 2025

Page 4

7.

Re: April Elick

COOPERATION. Ms. Elick will be forthright and truthful with this office and

other law enforcement agencies regarding all inquiries made pursuant to this agreement, and will
give signed, sworn statements and grand jury and trial testimony upon request of the United States.
In complying with this provision, Ms. Elick may have counsel present except when appearing
before a grand jury. Further, Ms. Elick agrees to be named as an unindicted co-conspirator and
unindicted aider and abettor, as appropriate, in subsequent indictments or informations.

8.

(a)

(b)

(c)

(d)

(e)

FORFEITURE. Ms. Elick hereby agrees as follows:

To forfeit to the United States any and all property in Ms. Elick’s possession or
under her control which constitutes proceeds of or was derived from proceeds of
the offense, or property intended to be used, in any manner or part, to commit or
facilitate the commission of the offense, which includes:

i. A money judgment in the amount of $97,802.59

To assist the United States and its agents in identifying all such property, regardless
of its location and the manner in which it is titled. Any such identified property
deemed forfeitable by the United States will then be forfeited, pursuant to 18 U.S.C.
§§ 981, 982 or 28 U.S.C. § 2461, in either an administrative or judicial forfeiture
action;

To fully complete and execute, under oath, a Financial Affidavit in a form supplied
by the United States and to return to counsel for the United States the completed
Affidavit within seven calendar days from the date of signing this plea agreement;

To provide sworn testimony and to execute any documents deemed necessary by
the United States to effectuate the forfeiture and to transfer title to the said property
to the United States; and

To waive any defenses to this criminal action, or to any related administrative or
judicial forfeiture action, based in whole or in part on the Excessive Fines Clause
of the Eighth Amendment to the Constitution, or the holding or principles set forth
in United States v. Alexander, 509 U.S. 544 (1993); United States v. Bajakajian,
524 U.S. 321 (1998); United States v. Austin, 509 U.S. 602 (1993); and their

progeny.

Defendant’s
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David R. Bungard
April 2, 2025 Re: April Elick
Page 5

9. USE IMMUNITY. Unless this agreement becomes void due to a violation of any
of its terms by Ms. Elick, and except as expressly provided for in paragraph 11, nothing contained
in any statement or testimony provided by her pursuant to this agreement, or any evidence
developed therefrom, will be used against her, directly or indirectly, in any further criminal
prosecutions or in determining the applicable guideline range under the Federal Sentencing
Guidelines.

10. LIMITATIONS ON IMMUNITY. Nothing contained in this agreement restricts
the use of information obtained by the United States from an independent, legitimate source,
separate and apart from any information and testimony provided pursuant to this agreement, in
determining the applicable guideline range or in prosecuting Ms. Elick for any violations of federal
or state laws. The United States reserves the right to prosecute Ms. Elick for perjury or false
statement if such a situation should occur pursuant to this agreement.

11. STIPULATION OF FACTS AND WAIVER OF FED. R. EVID. 410. The
United States and Ms. Elick stipulate and agree that the facts comprising the offense of conviction
include the facts outlined in the “Stipulation of Facts,” a copy of which is attached hereto as “Plea
Agreement Exhibit B.”

Ms. Elick agrees that if she withdraws from this agreement, or this agreement is voided as
a result of a breach of its terms by her, and she is subsequently tried for her conduct alleged in the
information, as more specifically described in the Stipulation of Facts, the United States may use
and introduce the Stipulation of Facts in the United States case-in-chief, in cross-examination of
Ms. Elick or of any of her witnesses, or in rebuttal of any testimony introduced by her or on her
behalf. Ms. Elick knowingly and voluntarily waives, see United States v. Mezzanatto, 513 U.S.
196 (1995), any right she has pursuant to Fed. R. Evid. 410 that would prohibit such use of the
Stipulation of Facts. If the Court does not accept the plea agreement through no fault of the
defendant, or the Court declares the agreement void due to a breach of its terms by the United
States, the Stipulation of Facts cannot be used by the United States.

The United States and Ms. Elick understand and acknowledge that the Court is not bound
by the Stipulation of Facts and that if some or all of the Stipulation of Facts is not accepted by the
Court, the parties will not have the right to withdraw from the plea agreement.

Clete

Defendant’s
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David R. Bungard
April 2, 2025 Re: April Elick
Page 6

12. AGREEMENT ON SENTENCING GUIDELINES. Based on the foregoing
Stipulation of Facts, the United States and Ms. Elick agree that the following provisions of the
United States Sentencing Guidelines apply to this case.

; __ Description Zs Guideline Section Offense Level
IBase Offense Level §2B1.1(a)(1) 6

oss Greater Than $40,000 —{§2B1.1(b)(1)(C) eee)
[Adjusted Offense Level 12

The United States and Ms. Elick acknowledge and understand that the Court and the
Probation Office are not bound by the parties’ calculation of the United States Sentencing
Guidelines set forth above and that the parties shall not have the right to withdraw from the plea
agreement due to a disagreement with the Court's calculation of the appropriate guideline range.

13. WAIVER OF APPEAL AND COLLATERAL ATTACK. Ms. Elick knowingly
and voluntarily waives her right to seek appellate review of her conviction and of any sentence of
imprisonment, fine, or term of supervised release imposed by the District Court, or the manner in
which the sentence was determined, on any ground whatsoever including any ground set forth in
18 U.S.C. § 3742(a), except that the defendant may appeal any sentence that exceeds the maximum
penalty prescribed by statute. Ms. Elick also knowingly and voluntarily waives any right to seek
appellate review of any claim or argument that (1) the statute of conviction (18 U.S.C. § 2345) is
unconstitutional, and (2) Ms. Elick’s conduct set forth in the Stipulation of Facts (Plea Agreament

Exhibit B) does not fall within the scope of 18 U.S.C. § 2845.@4] of fi 6 Y[{ oe?

D

The United States also agrees to waive its right to appeal any sentence of imprisonment,
fine, or term of supervised release imposed by the District Court, or the manner in which the
sentence was determined, on any ground whatsoever, including any ground set forth in 18 U.S.C.
§ 3742(b), except that the United States may appeal any sentence that is below the minimum
penalty, if any, prescribed by statute.

Ms. Elick also knowingly and voluntarily waives the right to challenge her guilty plea and
conviction resulting from this plea agreement, and any sentence imposed for the conviction, in any
collateral attack, including but not limited to a motion brought under 28 U.S.C. § 2255.

The waivers noted above shall not apply to a post-conviction collateral attack or direct
appeal based on a claim of ineffective assistance of counsel.

Defendant’s
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i
David R. Bungard
April 2, 2025 Re: April Elick
Page 7

14. WAIVER OF FOIA AND PRIVACY RIGHT. Ms. Elick knowingly and
voluntarily waives all rights, whether asserted directly or by a representative, to request or receive
from any department or agency of the United States any records pertaining to the investigation or
prosecution of this case, including without any limitation any records that may be sought under
the Freedom of Information Act (FOIA), 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. §
552a, following final disposition.

15. | FINAL DISPOSITION. The matter of sentencing is within the sole discretion of
the Court. The United States has made no representations or promises as to a specific sentence.
The United States reserves the right to:

(a) Inform the Probation Office and the Court of all relevant facts and conduct;

(b) Present evidence and argument relevant to the factors enumerated in 18 U.S.C. §
3553(a);

(c) Respond to questions raised by the Court;

(d) Correct inaccuracies or inadequacies in the presentence report;

(e) Respond to statements made to the Court by or on behalf of Ms. Elick;

(f) Advise the Court concerning the nature and extent of Ms. Elick’s cooperation; and
(g) Address the Court regarding the issue of Ms. Elick’s acceptance of responsibility.

16. VOIDING OF AGREEMENT. If either the United States or Ms. Elick violates
the terms of this agreement, the other party will have the right to void this agreement. If the Court
refuses to accept this agreement, it shall be void.

17. ENTIRETY OF AGREEMENT. This written agreement constitutes the entire
agreement between the United States and Ms. Elick in this matter. There are no agreements,
understandings or recommendations as to any other pending or future charges against Ms. Elick in
any Court other than the United States District Court for the Southern District of West Virginia.

Coe

Defendant’s
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David R. Bungard
April 2, 2025 Re: April Elick
Page 8

Acknowledged and agreed to on behalf of the United States:

LISA GJJ STON
Acting /Wnited States Attdrney

By:
J.PA R BAZZLE, II
Assistant United States Attorney

CGE

Defendant’s
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David R. Bungard
April 2, 2025 Re: April Elick
Page 9

I hereby acknowledge by my initials at the bottom of each of the foregoing pages and by my
signature on the last page of this 9-page agreement that I have read and carefully discussed every
part of it with my attorney, that I understand the terms of this agreement, and that I voluntarily
agree to those terms and conditions set forth in the agreement. I further acknowledge that my
attorney has advised me of my rights, possible defenses, the Sentencing Guideline provisions, and
the consequences of entering into this agreement, that no promises or inducements have been made
to me other than those in this agreement, and that no one has threatened me or forced me in any
way to enter into this agreement. Finally, I am satisfied with the representation of my attorney in
this matter.

W-A-BD

Apri} Elick Date Signed
David R. Bungard 7% Date Signed

Counsel for Defendant

CGE

Defendant’s
Initials

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON
UNITED STATES OF AMERICA

" CRIMINAL NO. [; 2S-ct- 00096

APRIL ELICK
TIPULATION OF FACTS
The United States and APRIL ELICK (hereinafter “defendant”, “I, “my”, and “me”
stipulate and agree that the facts comprising the offense of conviction in the Information, include the

following: !

Paycheck Protection Program Background

IL. The Paycheck Protection Program (“PPP”) was a COVID-19 pandemic relief program
administered by the Small Business Administration (“SBA”) that provided forgivable loans to small
businesses for job retention and certain other expenses.

2. The PPP permitted participating third-party lenders to approve and disburse SBA-
backed PPP loans to cover payroll, fixed debts, utilities, rent/mortgage, accounts payable and other
bills incurred by qualifying businesses during, and resulting from, the COVID-19 pandemic. PPP
loans were fully guaranteed by the SBA.

3. To obtain a PPP loan, a qualifying business had to submit a PPP loan application, which
was signed by an authorized representative of the business. The PPP loan application required the
business (through its authorized representative) to acknowledge the program rules and make certain
affirmative certifications to be eligible to obtain the PPP loan, including that the business was in
operation and either had employees for whom it paid salaries and payroll taxes or paid independent
contractors. A business applying for a PPP loan was required to provide documentation showing its
payroll expenses, such as filed federal income tax documents.

Economic Injury Disaster Loan Program Background

4. The United States Small Business Association (“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 small businesses and by assisting in the economic recovery of
communities after disasters.

| This Stipulation of Facts does not contain every fact known to the defendant and to the United States concerning her
involvement in the charges set forth in the Information and relevant conduct.

PLEA AGREEMENT EXHIBIT “B”
1
5. The Economic Injury Disaster Loan Program (“EIDL”) was an SBA program that
provided low-interest financing to small businesses, renters, and homeowners in regions affected by
declared disasters.

Gis The Coronavirus Aid, Relief, and Economic Security Act “(CARES Act”) authorized the
SBA to provide EIDL loans of up to two million dollars ($2,000,000.00) to eligible small businesses
experiencing substantial financial disruption due to the COVID-19 pandemic.

7. To obtain an EIDL loan, a qualifying business applied to the SBA and provided
information about the business’s 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. EIDL loans were restricted to working capital for businesses to alleviate economic injury
caused by the disaster and were not to be used for other purposes. The applicant was also required to
certify that all the information in the application was true and correct to the best of the applicant’s
knowledge.

8. EIDL loan applications were submitted directly to the SBA and processed by the agency
with support from a government contractor. Ifthe application was approved, the amount of the loan
was based, in part, on the information provided by the applicant about employment, revenue, and cost
of goods sold. Any funds issued under an EIDL loan were issued directly by the SBA.

Defendant’s Factual Basis for Plea

9, From on or about March 23, 2021, through on or about January 27, 2022, I knowingly
defrauded and obtained money from the Payroll Protection Program and Economic Disaster Relief
program.

10. Lapplied for and received two PPP loans in 2021, each in the amount of $7,260.00. The
first loan (PPP loan #7141428603) was funded Harvest Small Business Finance, LLC, to my Truist
Bank account ending in #1278 on April 2, 2021, and the second loan (PPP loan #6297778801) was
funded by Harvest Small Business Finance, LLC, to my Truist Bank account ending in #1278 on April
26, 2021. I claimed that the loans were for my home healthcare business to help pay payroll and other
expenses allowed by the PPP.

11. Lapplied for (SBA Application #33 15020797) and received an EIDL loan (SBA Loan #
3132439101) in the amount of $61,000.00 from the SBA on or about January 24, 2022, and applied for
and received a modification increase of that loan from the SBA of $8,700.00 on or about April 28,
2022.

12. I received a total of $84,220.00 in PPP and EIDL loan proceeds that were paid directly
by the SBA or were guaranteed by the SBA.

13. Lunderstood at the times I applied for and received the PPP and EIDL loans that the loan
proceeds could only be used for purposes specifically allowed by those programs.

PLEA AGREEMENT EXHIBIT “B”
2
14. I did not use some of the loan proceeds I received from my first PPP loan for purposes
allowed by that program, instead I used some of the proceeds to fund my personal expenses, including,
but not limited to: $864.18 at Family Auto in Virginia, on April 5. 2021; $373.05 at Gabriel Brothers
in Bluefield, WV, on April 5, 2021; $242.17 at Walmart in Bluefield, WV, on April 5, 2021; $226.00
at Quality Hotel in Bluefield, WV, on April 6, 2021; $226.00 at Quality Motel in Bluefield, WV, on
April 19, 2021; and additional purchases for other goods and services for personal use that are detailed
in my Truist bank statements for my Truist bank account that ends in #1278 during April and May,
2021.

15. I did not use some of the loan proceeds I received from my second PPP loan for purposes
allowed by that program, instead I used some the proceeds to fund my personal expenses, including,
but not limited to: $124.06 at Rent-A-Center in Bluefield, WV, on April 26, 2021; $251.23 at Gabriel
Brothers in Bluefield, WV, on April 26, 2021; $88.31 at Walmart in Bluefield, VA, on April 26, 2021;
$127.00 at Style Nails in Bluefield, WV, on April 28, 2021; $213.04 at Bath and Body Works in
Bluefield, VA, on April 30, 2021; $216.94 at Sprint Wireless in Kansas, on April 30, 2021; $347.69 at
Walmart in Bluefield, VA, on April 30, 2021; $744.83 at Walmart in Bluefield, VA on May 3, 2021;
$397.36 at Gabriel Brothers in Bluefield, WV, on May 7, 2021; $227.16 at Gabriel Brothers in
Bluefield, WV, on May 10, 2021; and additional purchases for other goods and services for personal
use that are detailed in my Truist bank statements for my Truist bank account that ends in #1278 during
April, May and June, 2021.

16. I did not use some of the loan proceeds I received from the EIDL program for purposes
allowed by that program, instead I used some of the proceeds to fund my personal expenses including
approximately $30,560.00, that I withdrew in cash via approximately 62 separate ATM withdraws from
on or between January 28, 2022, and May 27, 2022.

17. Additionally, I did not use some of the loan proceeds I received from the EIDL program
for purposes allowed by that program, instead I made personal purchases using my Huntington Bank
account that ends in # 0072, from retail stores with the proceeds of my EIDL loan, in and around Mercer
County, West Virginia, other areas of West Virginia, and in and around Charlotte, North Carolina, that
included but were not limited to: $492.51. at Sprint Retail in Bluefield, WV, on February 14, 2022;
$313.21 at Hibbert Sports in Mount Hope, WV, on February 14, 2022; $264.95 at Victoria Secret in
Mount Hope, WV, on February 14, 2022; $298.06 at Walmart in Bluefield, WV, on February 14, 2022;
$1,111.66 at Enterprise Rent-A-Car in Princeton, WV on April 4, 2022; $443.05 at Ross Stores in
Charlotte, NC, on April 4, 2022; and $697.65 at Dillard’s in Charlotte, NC, on May 31, 2022.

18. Additionally, I did not use some of the loan proceeds I received from the EIDL program
for purposes allowed by that program, instead | made Cash App transfers to myself, others, or for retail
purchases on or between April 5, 2022, and June 29, 2022, in 13 separate transactions from my
Huntington Bank account that ends in # 0072 that totaled approximately $16,350.00.

19. Additionally, I did not use some of the loan proceeds from the EIDL program for
purposes allowed by that program, instead I used some of the funds I obtained from the program for
personal utility expenses, cell phone expenses, restaurant expenses, personal travel expenses, grocery
store expenses and other miscellaneous personal expenses that are detailed in my January, February,

PLEA AGREEMENT EXHIBIT “B”
3
March, April, and May, 2022, Huntington Bank account statements for my account that ends in # 0072.

Stipulated and agreed to:
APRIL ELICK Date ;
Defendant

W220 2:25

DAVID R. BUNGARD - Date
Counsel fe efendan
i is Ya 4-49-2S

J. PARKER BAZZLE, II? // |/ Date
Assistant United States Attorney

PLEA AGREEMENT EXHIBIT “B”
4

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