Information — United States v. Ernest Bernard Gonder, Jr.

Record facts

U.S. District Court, Southern District of Florida · No. 0:24-cr-60003-KMW · Doc. 1 · 2024-01-05 · Docket on CourtListener

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UNITED STATES DISTRICT COUR 
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18 U.S.C. j 1343
18 U.S.C. j 981(a)(1)(C)
UNITED STATES OF AM ERICA
VS.
ERNEST BERNARD GONDER 1R.,
Defendant.
/
INFO RM ATION
The United States Attorney charges that:
GENERAL ALLEGATIONS
At al1 times relevant to this Information:
The Small Business Adm inistration
The United States Small Business Administration (ç1SBA'') 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 econom y by
enabling the establishm ent and viability of sm all businesses and by assisting in the econom ic
recovery of com munities after disasters.
As part of this effort, the SBA enabled and provided loans through bmzks, credit
unions, and other lenders. These loans had government-backed guarantees.
1
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The Paycheck Protection Program
The Coronavinzs Aid, Relief, and Economic Security (CCCAltES'') Act was a federal
1aw enacted in or around M arch 2020, designed to provide emergency financial assistance to the
millions of Am ericans who were suffering from the econom ic effects caused by the COV1D-19
pandem ic. One source of relief that the CARES Act provided was the Paycheck Protection
Program (CTPP''), which authorized forgivable loans to small businesses for job retention and
certain other expenses.
4.
The SBA promulgated regulations concerning eligibility for a PPP loan. To obtain
a PPP loan, a qualifying business was required to subm it a PPP loan application, which was signed
by an authorized representative of the business.
(through its authorized representative) to
The PPP loan application required the business
acknowledge the program nzles and m ake certain
affirmative certifications to be eligible to obtain the PPP loan, including that the business was in
operation on February 15, 2020, and either had employees for whom it paid salries and payroll
taxes or paid independent contractors. Payments to independent contractors are typically reported
to the Internal Revenue Service CûlRS'') on a tûF'olnn 1099-M 1SC.'' ln the PPP loan application
(SBA Form 2483), the small business (tluough its authorized representative) was required to state,
among other things, its: (a) average monthly payroll expenses; (b) gross income; and (c) number
of em ployees. These figlzres were used to calculate the am ount of m oney the small business was
eligible to receive under the PPP.
5. 
ln addition, a business applying for a PPP loan was required to provide
docum entation showing its payroll expenses. This payroll information was material to the
application because, pursuant to statutory requirements and implementing regulations, the am otmt
of the loan that typically could be approved was a function of the applicant's historical payroll
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costs, consisting of com pensation to its employees whose principal place of residence was the
United States, subject to certain exclusions.
PPP loan applications were processed by participating lenders and third-party loan
processors. If a PPP loan application was approved, the participating lender funded the PPP loan
using its own monies by electronic transfer through the Automated Clearing House (ACH) system.
W hile it was the participating lender that issued the PPP loan, the loan was 100% guaranteed by
the SBA . Data from the application, including information about the borrower, the total nm ount
of the loan, and the listed ntlmber of em ployees, was transm itted by the lender to the SBA in the
course of processing the loan.
7. 
The proceeds of a PPP loan could be used only for certain specified items, such as
payroll costs, costs related to the continuation of group health care benefits, or mortgage interest
payments for the business. The proceeds of a PPP loan were not permitted to be used by the
borrowers to purchase consumer goods, automobiles, personal residences, clothing, or jewelry, to
pay the borrower's personal federal incom e taxes, or to fund the borrower's ordinary day-to-day
living expenses unrelated to the specified authorized expenses.
8. 
The PPP allowed the interest and principal on the PPP loan to be entirely forgiven
if the bonower utilized 60% of the loan in the 24 weeks post-disbursem ent toward payroll costs
and utilized the remaining 40% on qualified expense items (e.g., mortgage, rent, and utilities).
Applying for PPP loan forgiveness was a separate process that required additional
affinnations that the applicant satisfied the eligibility for PPP loan forgiveness. W hatever portion
of the PPP loan that was not forgiven was serviced as a loan.
The Defendant & Relevant Lender
ERNEST BERNARD GONDER JR. was a resident of Palm Beach County,
Florida, and worked in Broward County, Florida.
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Lender l was a participating lender in the PPP, and was based in Fort Lee, New
Jersey.
COUNTS 1-2
W ire Fraud
(18 U.S.C. j 1343)
12. 
The General Allegations section of this lndictment is re-alleged and incorporated
by reference as though fully set forth herein.
From in or around April 1, 2021, through in or around July 22, 2021, in Broward
County, Florida, in the Southern District of Florida, and elsewhere, the defendant,
ERNEST BERNARD G ONDER AR.,
did knowingly, and with the intent to defraud, devise, and intend to devise, a schem e and artitice
to defraud, and to obtain money and property by means of m aterially false and fraudulent
pretenses, representations, and promises, knowing that the pretenses, representations, and
prom ises were false and fraudulent when m ade, and, for the purpose of executing the schem e and
artifice, did knowingly transm it and cause to be transm itted, by means of wire communication in
interstate commerce, certain writings, signs, signals, pictures, and sounds, in violation of Title 18,
United States Code, Section 1343.
PURPOSE OF TH E SCHEM E AND ARTIFICE
It was the purpose of the schem e and artifice for the defendant to unlawfully erlrich
himself by, nmong other things: (a) submitting and causing the submission of a false and fraudulent
applications for a PPP loan m ade available through the SBA to provide relief for the economic
effects caused by the COVlD-19 pandemic; (b) causing the disbursement of PPP loans to himself',
and (c) submitting and causing the submission of false and fraudulent applications for forgiveness
of PPP loans m ade to him  which he was not entitled to receive.
4
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THE SCHEM E AND ARTIFICE
The m nnner and m eans by which the defendant sought to accomplish the purpose of the
scheme and artifice included, am ong others, the following:
15. 
ERNEST BERNARD G ONDER JR. subm itted and caused the subm ission of a
m aterially false and fraudulent application for a PPP loan from the SBA through Lender 1 on
behalf of himself as a Limited Liability Corporation (LLC) which PPP application included
m aterially false and fraudulent infonnation as to the borrower's average m onthly payroll and
ntlm ber of employees, am ong other things.
ERNEST BERNARD G ONDER JR. subm itted and caused the subm ission of
m aterially false and fraudulent inform ation and documentation in support of the application for a
PPP loan, including a falsitied 2020 Internal Revenue Service tûEmployer's Quarterly Federal Tax
Rettmf' Form 941, nm ong other things.
As a result of a false and fraudulent PPP loan application submitted as part of this
schem e, ERNEST BERNARD GONDER JR. caused Lender 1 to approve PPP loan number
4533458705 for ERNEST BERNARD GONDER JR. and to disburse approximately
$106,540.00 to ERNEST BERNARD GONDER JR. at his JP M organ Chase Bank account
ntzm ber ending in 3725 in the nam e of EBG PROPERTIES, LLC.
18. 
ln furtherance of the schem e and artifice, ERNEST BERNARD G ONDER JR.
subm itted and caused the submission of materially false and fraudulent application infonnation to
Lender 1 to cause and attem pt to cause the forgiveness of PPP loan 4533458705 to ERNEST
BERNARD GONDER JR. to which he was not entitled.
19. 
As a result of a false and fraudulent PPP loan application submitted as part of this
scheme, ERNEST BERNARD G ONDER JR. caused Lender 1 to approve PPP loan number
7423158701 for ERNEST BERNARD GONDER JR., and to disburse approximately $61,210.00
5
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to ERNEST BERNARD GONDER JR. at his JP M organ Chase Bank account num ber ending in
0759 in the name of TH E IM PACT CENTER OF BROW ARD COUNTY INC.
20. 
In furtherance of the schem e and artifice, ERNEST BERNARD G ONDER JR.
subm itted and caused the submission of m aterially false and fraudulent application information to
Lender 1 to cause and attempt to cause the forgiveness of PPP loan 7423158701 to ERNEST
BERNARD GO NDER JR. to which he was not entitled.
ERNEST BERNARD G ONDER JR. used the proceeds of the schem e and artitice
to ergich hinnself.
USE OF W IRES
On or about the dates specified as to each count below, ERNEST BERNARD
G ONDER JR., for the purpose of executing the aforesaid schem e and artitice to defraud, and to
obtain money and property by m eans of m aterially false and fraudulent pretenses, representations,
and prom ises, knowing that the pretenses, representations, and prom ises were false and fraudulent
when m ade, did knowingly transm it and cause to be transmitted in interstate comm erce, by m eans
of wire com munication, certain writings, signs, signals, pictures, and sounds, as m ore particularly
described below:
COUNT 
APPROM M ATE 
DESCRIPTION OF W IRE
DATE
Disbursem ent of SBA loan num ber 4533458705 from
April 2, 2021 
Lender l in the approximate amount of $106,540.00 by
Automated Clearing House transfer to a JP M organ Chase
Bank account number ending in 3725.
Disbursem ent of SBA loan number 7423158701 from
April 12, 2021 
Lender 1 in the approximate amotmt of $61,210.00 by
Automated Clearing House transfer to a JP M organ Chase
Bank accotmt num ber ending in 0759.
In violation of Title 18, United States Code, Section 1343.
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Case 0:24-cr-60003-KMW   Document 1   Entered on FLSD Docket 01/05/2024   Page 6 of 9

FORFEITURE ALLEGATIONS
1.
The allegations of this lndictm ent are hereby re-alleged and by this reference fully
incorporated herein for the purpose of alleging forfeiture to the United States of Am erica of certain
property in which the defendant, ERNEST BERNARD GONDER JR., has an interest.
Upon conviction of a violation of Title 18, United States Code, Section 1343, as
alleged in this lnformation, the defendant shall forfeit to the United States any property, real or
personal, which constitutes or is derived from proceeds traceable to such offense, pursuant to Title
18, United States Code, Section 981(a)(1)(C).
Al1 pursuant to Title 18, United States Code, Section 98 1(a)(1)(C) and the procedures set
forth in Title 21, United States Code, Section 853, as incorporated by Title 28, United States Code,
Section 2461(c).
j -
X  
-
kARKEN LAPOINTE
UN ITED STATES ATTORNEY
M ARC S. AN TON
A SSISTAN T UNITED STATES ATTORNEY
Case 0:24-cr-60003-KMW   Document 1   Entered on FLSD Docket 01/05/2024   Page 7 of 9

IJNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AM ERICA
V.
ERNEST BERNARD GONDER JR.
/
Defendant.
Court Division (select one)
L Miami 
n Key w est D FTP
E FTL 
n w PB
1 do hereby certif.y that:
1 . 
I have carefully considered the allegations of the indictment, the num ber of defendants, the number of probable
witnesses and the legal com plexities of the Indictm ent/lnform ation attached hereto.
I am aware that the information supplied on this statem ent will be relied upon by the Judges of this Court ill setting
their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. j3161 .
Interpreter: (Yes or No) No
List Ianguage and/or dialect:
0 days for the parties to try
.
n is case will take
5. 
Please check appropriate categoly and type of offense listed below:
(Check only one) 
(Check only one)
I E 0 to 5 days 
r Petty
11 r 6 to 10 days 
L Minor
Ill D l l to 20 days 
L Misdemeanor
IV n 21 to 60 days 
E Felony
v n 61 days and over
CASE NO.:
CERTIFICATE OF TRIAL ATTORNEY
Superseding Case Inform auon:
New Defendantts) (Yes or No)
Ntlmber of New Defendants
Total number of counts
6. Has this case been previously filed in this District Court? (Yes or No) NO
If yes, Judge 
Case No.
7. Has a complaint been filed in this matter? (Yes or No) No
If yes, M agistrate Case No.
8. Does this case relate to a previously filed matter in this District Court? (Yes or No) No
lf yes, Judge 
Case No.
9. Defendantts) in federal custody as of
l0. Defendantts) in state custody as of
l l . Rule 20 from the 
District of
l2.
l 3.
l 4.
Is this a potential death penalty case? (Yes
Does this case originate from a matter pending in the Northern Region of the U .S. Attorney's Office
or No) No
prior to August 8, 2014 (Mag.
Does this case originate from a
prior to October 3, 2019 (Mag.
Did this m atter involve
Judge Shaniek Maynard? (Yes or No) No
matter pending in the Central Region of the U.S. Attorney's Om ce
Judge Jared Strauss? (Yes or No) No
the pm icipation of or consultation with now M agistrate Judge Eduardo 1. Sanchez
during his tenure at the U.S. Attorney's Office, which concluded on Jan ary 22, 2023? N0
By:
M arc S. Anton
Assistant United States Attorney
FL Bar N o. 
0148369
Case 0:24-cr-60003-KMW   Document 1   Entered on FLSD Docket 01/05/2024   Page 8 of 9

UNITED STATES DISTRICT CO URT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Nam e: Ernest Bernard Gonder. Jr.
Case No:
Counts #: l -2
W ire Fraud, Title 18. United States Codes Section 1343
* M ax. Term of lm prisonm ent: 20 years
* M andatory M in. Term of Imprisonment (if applicable): n/a
* M ax. Supervised Release: 3 years
* M ax. Fine: $250,000
Count #:
* M ax. Term of Im prisonm ent:
* M andatory M in. Term of Imprisonment (if applicable):
* M ax. Supervised Release:
* M ax. Fine:
Count #:
* M ax. Term of lm prisonm ent:
* M andatory M in. Term of lmprisonment (if applicable):
* M ax. Supervised Release:
* M ax. Fine:
*Refers only to possible term of incarceration, supervised release and fines. lt does not include
restitution, special assessm ents, parole term s, or forfeitures that m ay be applicable.
Case 0:24-cr-60003-KMW   Document 1   Entered on FLSD Docket 01/05/2024   Page 9 of 9

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