Government's Response in Opposition to Defendant's Motion for Downward Variance — United States v. Ernest Bernard Gonder, Jr. (S.D. Fla.)

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U.S. District Court, Southern District of Florida · No. 0:24-cr-60003-KMW · Doc. 25 · 2024-05-28 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 24-CR-60003-WILLIAMS 
                    
 
UNITED STATES OF AMERICA, 
 
v. 
 
ERNEST BERNARD GONDER JR., 
 
 
 
    
 
Defendant. 
                                                                    / 
 
GOVERNMENT’S RESPONSE IN OPPOSITION TO  
DEFENDANT’S MOTION FOR DOWNWARD VARIANCE 
 
    
COMES NOW, the United States of America, by and through its undersigned Assistant 
United States Attorney, and hereby files its Response in Opposition to Defendant’s Motion for 
Downward Variance, and in support states as follows: 
On March 6, 2024, the Defendant plead guilty to a two count Information which charged 
him with Wire Fraud, in violation of Title 18, United States Code, Section 1343, stemming from 
the Defendant’s fraudulent receipt of two separate Paycheck Protection Program (PPP) loans to 
which he was not entitled.  As outlined in the PSI and factual proffer, the defendant submitted and 
caused the submission of materially false and fraudulent information and documentation in 
support of his applications for the PPP loans, including a falsified 2020 Internal Revenue Service 
“Employer’s Quarterly Federal Tax Return” Form 941, among other things.  As a result of false 
and fraudulent PPP loan applications submitted as part of this scheme, the defendant caused Cross 
River Bank to approve PPP loan number 4533458705 for Ernest Bernard Gonder Jr. and to 
disburse approximately $106,540.00 to the defendant at his JP Morgan Chase Bank account 
number ending in 3725 in the name of EBG PROPERTIES, LLC. Thereafter, in furtherance of 
Case 0:24-cr-60003-KMW   Document 25   Entered on FLSD Docket 05/28/2024   Page 1 of 4

 
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the scheme and artifice, the defendant submitted and caused the submission of materially false 
and fraudulent application information to Cross River Bank to cause and attempt to cause the 
forgiveness of PPP loan 4533458705 for which he was not entitled. 
 
Moreover, as a result of the additional false and fraudulent PPP loan application submitted 
as part of this scheme, the defendant caused Cross River Bank to approve PPP loan number 
7423158701 and disbursed approximately $61,210.00 to the defendant at his JP Morgan Chase 
Bank account number ending in 0759 in the name of THE IMPACT CENTER OF BROWARD 
COUNTY, INC. As before, the defendant submitted and caused the submission of materially false 
and fraudulent application information to Cross River Bank to cause and attempt to cause the 
forgiveness of PPP loan 7423158701 to which he was not entitled.  Thereafter, the defendant used 
the proceeds of the scheme and artifice to enrich himself.  In total, the government suffered an 
actual loss of $168,248.41. 
 
A Pre-Sentence Investigation Report (PSI) was subsequently prepared by the U.S. 
Probation Office (DE 20) which concluded that based upon a total offense level of 12 and a 
criminal history category of I, the advisory guidelines imprisonment range was 10 to 16 months in 
Zone C.  Thereafter, the Defendant filed a Motion for Downward Variance (DE 22) seeking a 
sentence of two years probation and a $5,000 fine.  Based on the facts and circumstances of the 
instant offense, and the nature and characteristics of the defendant, the United States vehemently 
opposes this request, and respectfully requests that the Court deny the Defendant’s motion. 
 
In support of the Defendant’s Motion, the defendant points out that he “has no criminal 
history and is the glue that holds his extended family together.” (DE 22 at 1).  Nevertheless, a 
split sentence of 5 months incarceration followed by 5 months of home confinement is the 
appropriate sentence in the instant case.  Here, the defendant, a sworn law enforcement officer, 
Case 0:24-cr-60003-KMW   Document 25   Entered on FLSD Docket 05/28/2024   Page 2 of 4

 
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Lieutenant, Executive Officer of Operations for the Department of Detention within the Broward 
Sheriff’s Office, possessor of both a Bachelor’s degree in Criminal Justice and a Master’s degree 
in Public Administration, and a Pastor, sought and received not one, but two fraudulent PPP 
loans, totaling $168,248.41.  This, despite earing an annual income of $260,000 with BSO, 
owning seven different companies, possessing a license to operate as a realtor, and owning three 
properties, including two properties that resulted in approximately $10,000 in additional monthly 
income, (a fourth property was transferred to the Defendant’s mother in law in September of 
2023, just prior to the filing of the Information in the instant case), the defendant nonetheless 
made the conscious and knowing decision to betray his badge and sworn legal duty by 
fraudulently applying for and receiving two PPP loans to which he was not entitled utilizing 
falsified documents and information.  This decision, from a defendant with a PSI calculated net 
worth of $3.04 million dollars, can best be described as nothing but a greedy, selfish, and 
opportunistic money grab at the expense of hundreds of thousands of truly deserving business 
owner victims of the COVID-19 pandemic for which the PPP loan program was meant to support. 
 
Despite this, the Defendant requests a significant downward variance and a sentence of 
straight probation because he has no prior criminal history and is “the glue that holds his family 
together.”  First and foremost, the advisory guidelines calculations already have taken into 
account his status as a zero-point offender with no prior criminal history, in that he was afforded a 
two point reduction under Guidelines Section 4C1.1 and assigned a criminal history category of I.  
Moreover, such a lenient sentence would not promote respect for the law and provide adequate 
deterrence for others contemplating a similar crime.  Additionally, such a lenient sentence would 
result in unwarranted sentencing disparities since other BSO deputies, all of which were far 
subordinate in rank to the Defendant, were sentenced to between two and five years of probation 
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for having stolen approximately no more than $40,000 in PPP funds.  This defendant, the highest 
ranking BSO officer prosecuted and convicted to date, received approximately four times the 
illegal proceeds of that of his convicted and sentenced colleagues, and a sentence of probation 
would simply be unjust. 
 
WHEREFORE, for the foregoing reasons, the Government respectfully requests that this 
Honorable Court deny the Defendant’s request for a downward variance and sentence the 
defendant to five months imprisonment followed by five months of home confinement.  
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
MARKENZY LAPOINTE 
 
 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
By: /s/ Marc S. Anton________                            
 
 
 
 
 
 
MARC S. ANTON 
 
 
 
 
 
 
Assistant U.S. Attorney 
 
 
 
 
 
 
Florida Bar No. 0148369 
 
 
 
 
 
 
500 East Broward Blvd., Suite 700 
 
 
 
 
 
 
Ft. Lauderdale, Florida 33394 
 
 
 
 
 
 
Tel: (954) 660-5096 
 
 
 
 
 
 
Fax: (954) 356-7230 
 
 
 
 
 
 
Marc.anton@usdoj.gov 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on May 28, 2024, I electronically filed the foregoing document 
with the Clerk of the Court using CM/ECF.  
 
/s/ Marc S. Anton______________                                                    
 
 
 
 
 
 
Assistant U.S. Attorney 
 
 
 
 
 
 
Case 0:24-cr-60003-KMW   Document 25   Entered on FLSD Docket 05/28/2024   Page 4 of 4

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