Plea Agreement — United States v. Lydia Spencer (S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00053 · Doc. 10 · 2024-04-05 · 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 = y 04-347-51)4
Senha WV 25301 FILED” ’
March 25, 2024 APR - 5 afte

RORY L. PERRY I, CLERK
U.S. District Court
Southern District of West Virginia

Rachel Zimarowski

Federal Public Defender

300 Virginia Street East Rm 3400
Charleston, West Virginia 25301

Re: United States v. Lydia Spencer
Criminal No. 2:23-cr-0118 (USDC SDWV)
Criminal No. Q*AY-cR-0053 (USDC SDWV)

Dear Ms. Zimarowski:

This will confirm our conversations with regard to your
client, Lydia Spencer (hereinafter “Ms. Spencer”). As a result
of these conversations, it is agreed by and between the United
States and Ms. Spencer as follows:

13 PENDING CHARGES. Ms. Spencer is charged in a single-
count indictment with a violation of 18 U.S.C. § 922(g) (1) and 18
U.S.C. § 924(a) (8) (felon in possession of a firearm).

2. CHARGING AGREEMENT. Ms. Spencer 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.”

Bis RESOLUTION OF CHARGES. Ms. Spencer will plead guilty
to a violation of 18 U.S.C. § 1349 (conspiracy to commit bank
fraud) as charged in said information. Following final

disposition, the United States will move to dismiss the single-
count indictment in 2:23-cr-0118 as to Ms. Spencer.

Defendant's
Initials

Rachel Zimarowski
March 25, 2024 Re: Lydia Spencer
Page 2

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

(a) Imprisonment for a period of 30 years;

(ob) A fine of $1,000,000, or twice the gross pecuniary gain
or loss, whichever is greater.

(c) A term of supervised release of 5 years;

(d) A mandatory special assessment of $100 pursuant to
18 U.S.C. § 3013; and

(e) An order of restitution pursuant to 18 U.S.C. §§ 3663
and 3664.

5. SPECIAL ASSESSMENT. Ms. Spencer has submitted certified
financial statements to the United States reflecting that she is
without sufficient funds to pay the special assessment due upon
conviction in this case. Ms. Spencer agrees that, if incarcerated,
she will join the Inmate Financial Responsibility Program,
earnings from which will be applied toward payment of the special
assessment.

6. RESTITUTION. Notwithstanding the offense of conviction,
Ms. Spencer agrees that she owes restitution in the amount of at
least $31,250 and agrees to pay such restitution, with interest as
allowed by law, to the fullest extent financially feasible. In
aid of restitution, Ms. Spencer further agrees as follows:

(a) Ms. Spencer 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. Spencer will fully complete and execute, under oath,

ie

Defendant’s
Initials

Rachel Zimarowski
March 25, 2024 Re: Lydia Spencer
Page 3

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. Spencer 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.

7. PAYMENT OF MONETARY PENALTIES. Ms. Spencer 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. Spencer 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. Spencer 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. Spencer 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. Spencer
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.

endant’s
Initials

Rachel Zimarowski
March 25, 2024 Re: Lydia Spencer
Page 4

Ms. Spencer 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.

8. COOPERATION. Ms. Spencer will be forthright and
truthful with this office and other law enforcement agencies with
regard to 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. Spencer may have counsel present except when
appearing before a grand jury. Further, Ms. Spencer agrees to be
named as an unindicted co-conspirator and unindicted aider and

abettor, as appropriate, in subsequent indictments or
informations.
9. USE IMMUNITY. Unless this agreement becomes void due

to a violation of any of its terms by Ms. Spencer, and except as
expressly provided for in paragraph eleven below, 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. Spencer for any violations of federal or state
laws. The United States reserves the right to prosecute
Ms. Spencer for perjury or false statement if such a situation
should occur pursuant to this agreement.

béfendant’s
Initials

Rachel Zimarowski
March 25, 2024 Re: Lydia Spencer
Page 5

11. STIPULATION OF FACTS AND WAIVER OF FED. R. EVID. 410.
The United States and Ms. Spencer 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. Spencer 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. Spencer or of any of her witnesses, or in rebuttal of any
testimony introduced by her or on her behalf. Ms. Spencer 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. Spencer 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.

12. WAIVER OF APPEAL AND COLLATERAL ATTACK. Ms. Spencer
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. Spencer also knowingly
and voluntarily waives any right to seek appellate review of any

ieee

De¥endant’s
Initials

Rachel Zimarowski
March 25, 2024 Re: Lydia Spencer
Page 6

claim or argument that (1) the statutes of conviction 18 U.S.C. §
1349 is unconstitutional, and (2) Ms. Spencer conduct set forth in
the Stipulation of Facts (Plea Agreement Exhibit B) does not fall
within the scope of 18 U.S.C. § 1349.

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. Spencer 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.

13. WAIVER OF FOIA AND PRIVACY RIGHT. Ms. Spencer 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.

14. 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

mM.

Defendant's
Initials

Rachel Zimarowski

March 25,

Page 7

(g)

15.

2024 Re: Lydia Spencer

facts and conduct;

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

Respond to questions raised by the Court;

Correct inaccuracies or inadequacies in the presentence
report;

Respond to statements made to the Court by or on behalf
of Ms. Spencer;

Advise the Court concerning the nature and extent of Ms.
Spencer’s cooperation; and

Address the Court regarding the issue of Ms. Spencer’s
acceptance of responsibility.

VOIDING OF AGREEMENT. If either the United States or

Ms. Spencer 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.

i

Wefendant’s
Initials

Rachel Zimarowski

March 25, 2024 Re: Lydia Spencer
Page 8

16. ENTIRETY OF AGREEMENT. This written agreement
constitutes the entire agreement between the United States and Ms.
Spencer in this matter. There are no agreements, understandings

or recommendations as to any other pending or future charges
against Ms. Spencer in any Court other than the United States
District Court for the Southern District of West Virginia.

Acknowledged and agreed to on behalf of the United States:

WILLIAM S. THOMPSON
Unite tates Attorney

ilson
Assistant United States Attorney

“Defendant’s
Initials
Rachel Zimarowski
March 25, 2024 Re: Lydia Spencer
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 nine-
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 have 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.
yo sheoley

Lydj pen Date Signed
Defendant

(d-. (Ate AY
Raetfel Zimatowski Date Signed

Counsel for Defendant

its

Defendant’s
Initials

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON

UNITED STATES OF AMERICA

Vv. CRIMINAL NO.

18 U.S.C § 1349

LYDIA SPENCER

TNEFORMATION
The United States Attorney Charges:

At all times material to this Information:

The Paycheck Protection Program

1. The Coronavirus Aid, Relief, and Economic Security
(“CARES”) Act was a federal law enacted in or around March 2020
and designed to provide emergency financial assistance to the
millions of Americans who were suffering the economic effects
caused by the COVID-19 pandemic. One source of relief provided by
the CARES Act was the authorization of forgivable loans to small
businesses for job retention and certain other expenses, through
a program referred to as the Paycheck Protection Program (“PPP”),

2. In order to obtain a PPP loan, a qualifying business
submitted a PPP loan application, which was signed by an authorized

representative of the business. The PPP loan application required

PLEA AGREEMENT EXHIBIT A

the business (through its authorized representative) to
acknowledge the program rules and make certain affirmative
certifications in order to be eligible to obtain the PPP loan. In
the PPP loan application (Small Business Administration (“SBA”)
Form 2483), the small business (through its authorized
representative) was required to provide, among other things, its:
(a) average monthly payroll expenses and (b) number of employees.
These figures were used to calculate the amount of money the small
business was eligible to receive under the PPP. In addition,
businesses applying for a PPP loan were required to provide
documentation confirming their payroll expenses.

3. A PPP loan application was processed by a participating
lender. If a PPP loan application was approved, the participating
lender funded the PPP loan using its own monies. While 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 amount of the loan, and
the listed number of employees, was transmitted by the lender to
the SBA in the course of processing the loan.

4, PPP loan proceeds were required to be used by the
business on certain permissible expenses-payroll costs, interest
on mortgages, rent, and utilities. The PPP allowed the interest

and principal on the PPP loan to be entirely forgiven if the

PLEA AGREEMENT EXHIBIT A

business spent the loan proceeds on these expense items within a
designated period of time and used a defined portion of the PPP
loan proceeds on payroll expenses.

Relevant Entities and the Defendant

5. Stride Bank, N.A. was a financial institution as defined
in 18 U.S.C. § 20 headquartered in Enid, Oklahoma.

6. Lenders 1 and 2 were financial institutions as defined
by 18 U.S.C. § 20 that participated as lenders in the PPP.

7. Les Prints was a sole proprietorship with a registered
principal office address in Charleston, Kanawha County, West
Virginia. Its business purpose was the creation of custom t-shirts
and other pieces of clothing.

8. Defendant LYDIA SPENCER was a resident of Charleston,
Kanawha County, West Virginia, who was the sole proprietor of and
was the registered agent for Les Prints.

9. Defendant LYDIA SPENCER maintained a personal bank

account held by Stride Bank, N.A.

CONSPIRACY TO COMMIT BANK FRAUD

10. From in or about no later than April 2021 through in or
about June 21, 2021, at or near Charleston, Kanawha County, West
Virginia, in the Southern District of West Virginia, and elsewhere,
defendant LYDIA SPENCER did knowingly and intentionally conspire

and agree with others, both known and unknown to the United States

PLEA AGREEMENT EXHIBIT A

Attorney, to devise a scheme and artifice to defraud financial
institutions, namely Lenders 1 and 2, and to obtain moneys, funds,
credits, assets, securities, or other property owned by, or under,
the custody or control of, financial institutions, namely Lenders
1 and 2, by means of false or fraudulent pretenses,
representations, or promises, in violation of 18 U.S.C. § 1344.

Purpose of the Conspiracy

lil. It was the purpose of the conspiracy for defendant LYDIA
SPENCER and her co-conspirators to unlawfully enrich themselves
by, among other things: (a) submitting and causing the submission
of materially false and fraudulent applications for PPP loans to
financial institutions; (b) paying and receiving kickbacks in
return for submitting false and fraudulent loan applications; and
(c) diverting fraud proceeds for the personal use of defendant
LYDIA SPENCER and her co-conspirators.

Manner and Means of the Conspiracy

It was in furtherance of the conspiracy that:

12. From no later than April 8, 2021, defendant LYDIA
SPENCER, from a location within the Southern District of West
Virginia, provided personal and bank account information to a co-
conspirator for the purpose of obtaining fraudulent PPP loans on

behalf of Les Prints.

PLEA AGREEMENT EXHIBIT A

13. On or about April 8, 2021, defendant LYDIA SPENCER and
her co-conspirators submitted and caused to be submitted one
fraudulent PPP loan application on Les Prints’ behalf to Lender 1.

14. Additionally, on or about April 8, 2021, defendant LYDIA
SPENCER and her co-conspirators submitted and caused to be
submitted one fraudulent PPP loan application on Les Prints’ behalf
to Lender 2.

15. The PPP loan applications submitted and caused to be
submitted by defendant LYDIA SPENCER and her
co-conspirators contained materially false and fraudulent
information, including Les Prints’ expenses and gross annual
income. These figures did not accurately represent Les Prints’
true operations and were inflated, which caused Les Prints to
obtain a loan Les Prints would not have been qualified to receive,
or to receive a loan in an amount higher than it would qualify for
had the applications been accurate.

16. Further, as part of the loan applications, defendant
LYDIA SPENCER and her co-conspirators submitted and caused to be
submitted materially false and fraudulent Internal Revenue Service
(“IRS”) Forms, including Forms 1040 (Profit or Loss from Business),
that were created solely for purposes of applying for the PPP loans

and were never submitted to the IRS.

PLEA AGREEMENT EXHIBIT A

17. Based on the applications submitted by defendant LYDIA
SPENCER and her co-conspirators, Lender 1 and Lender 2 approved
the fraudulent loan applications.

18. As a result, on or about April 30, 2021, Lender 1
disbursed $15,625 to defendant LYDIA SPENCER’s’ bank account
maintained by Stride Bank, N.A.

19. Additionally, on or about June 17, 2021, Lender 2
disbursed $15,625 to defendant LYDIA SPENCER’s bank account
maintained by Stride Bank, N.A.

20. Between on or about May 3, 2021, and on or about June
21, 2021, defendant LYDIA SPENCER paid a co-conspirator monies
from the loans proceeds for facilitating and obtaining the two
fraudulent PPP loans on behalf of Les Prints. Defendant LYDIA
SPENCER spent the remainder of the PPP loan proceeds on a variety
of personal expenses unrelated to Les Prints.

In violation of Title 18, United States Code, Section 1349.
UNITED STATES OF AMERICA

WILLIAM S. THOMPSON
United States Attorney

By:

Assistant United States Attorney

PLEA AGREEMENT EXHIBIT A
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON

UNITED STATES OF AMERICA

Vv. CRIMINAL NO.

LYDIA SPENCER

STIPULATION OF FACTS

The United States and LYDIA SPENCER (hereinafter “I,” “me,”
and “my”) stipulate and agree that the facts comprising the offense
of conviction include the following:

Coronavirus Relief Background

I agree that the Coronavirus Aid, Relief, and Economic
Security (“CARES”) Act was a federal law enacted in or around March
2020 and designed to provide emergency financial assistance to the
millions of Americans who were suffering the economic effects
caused by the COVID-19 pandemic. The CARES Act authorized the Small
Business Administration (“SBA”) to provide forgivable loans to
small businesses for job retention and certain other expenses,
through a program referred to as the Paycheck Protection Program
(“PPP”).

I agree that the PPP allowed qualifying small businesses and
other organizations to receive PPP loans. Businesses were required
to use PPP loan proceeds to cover payroll costs, interest on
mortgages, rent and utilities. The PPP allowed interest and
principal on the PPP loans to be entirely forgiven if the
businesses spent the loan proceeds to cover these expenses within
a designated time and used a certain specified percentage of the
PPP loan proceeds on payroll expenses.

I agree that to obtain a PPP loan, a qualifying business was
required to submit a PPP loan application. The PPP loan application
required the small business (through its authorized
representative) to acknowledge the program rules and make
affirmative certifications that the small business was eligible to

PLEA AGREEMENT EXHIBIT B

obtain the PPP loan. In addition, businesses applying for a PPP
loan were required to provide documentation showing their prior
gross income from either 2019 or 2020. Applicants also had to
certify that the small business was in operation on February 15,
2020.

I agree that a PPP loan application was processed by a
participating lender. If a PPP loan application was approved, the
participating lender funded the PPP loan using its own monies,
which were 100% guaranteed by the SBA.

Factual Basis for Plea

At all relevant times, I resided in Charleston, Kanawha
County, West Virginia, within the Southern District of West
Virginia. Additionally, at all relevant times, I was the sole
proprietor of a custom clothing business, Les Prints, that had its
principal office in Charleston, Kanawha County, West Virginia,
within the Southern District of West Virginia.

Throughout 2021, I maintained a personal bank account with
Stride Bank, N.A. (“Stride”). I agree that Stride was a financial
institution within the meaning of 18 U.S.C. § 20 that was
headquartered in Oklahoma. Further, I agree that Lenders 1 and 2
were financial institutions within the meaning of 18 U.S.C. § 20
that participated in the PPP by funding loans.

In or around April 2021, in the Southern District of West
Virginia, I knowingly conspired with S.W., K.S., an individual I
know as K.M., and others to obtain fraudulent PPP loans.

In the spring of 2021, S.W. recruited me to participate ina
scheme to obtain fraudulent PPP loans. She explained to me that I
would provide my personal and bank account information to her, and
K.S. and/or K.M. would apply for a fraudulent PPP loan in my
business’s name. Once I received the loan proceeds, I was to remit
a portion to K.S. I agreed to participate.

In or around April 2021, I gave my personal and banking
information to S.W. for the purpose of carrying out the scheme. I
knew at that time that my personal and bank account information
would be used by K.S. to submit fraudulent PPP loan applications
on behalf of Les Prints.

On April 8, 2021, K.S. submitted PPP loan applications on Les
Prints’ behalf to Lenders 1 and 2. The applications contained
materially false information in at least two respects. First, the

PLEA AGREEMENT EXHIBIT B
2

applications falsely represented that Les Prints received $75,000
in gross income during 2020. Second, the applications attached
fraudulent Schedule C forms, Profit or Loss from Business
Forms (“IRS Form 1040s”), for the year 2020. The IRS Form 1040s
falsely stated that Les Prints had earned $75,000 in gross income
during 2020. Les Prints never earned $75,000 in gross income in
one year. The IRS Form 1040s were also never submitted by me to
the IRS; they were created for the sole purpose of obtaining
fraudulent PPP loans. This information qualified Les Prints for a
loan amount it otherwise would not have been qualified to receive.

Lenders 1 and 2 approved the fraudulent applications.

On April 30, 2021, I received a $15,625 ACH transfer disbursed
by Lender 1, and the funds were electronically deposited in my
Stride bank account.

On June 17, 2021, I received a $15,625 ACH transfer disbursed
by Lender 2, and the funds were electronically deposited in my
Stride bank account.

250

In total, I fraudulently obtained $31;650~-from Lenders 1 and

ai WAP Lat

Between May 3, 2021, and June 21, 2021, I used CashApp to
transfer $4,000 to K.S. from the fraudulent PPP loan proceeds, as
compensation for facilitating the loans, in accordance with the
original agreement. I initiated these transfers while in the
Southern District of West Virginia. The transfers were as follows:

Date Total Subject Sender Recipient
2021-06-21 | USD marketing Lydia Spencer |K.S.
15913225 1,000.00

UTC

2021-05-17 | USD marketing Lydia Spencer |K.S.
15:56:29 1,000.00

UTC

2021-05-10 | USD marketing Lydia Spencer |K.S.
14:10:36 1,000.00

UTC

2021-05-03 | USD marketing Lydia Spencer |K.S.
16:06:01 1,000.00

UTC

I labeled these transfers with the subject “marketing” in an
attempt to obscure the nature of the funds. K.S. never did any

PLEA AGREEMENT EXHIBIT B
3
work for me or Les Prints. I spent the remainder of the loan
proceeds on personal expenses.

I had conversations with other individuals who also
participated in the scheme. I knew that K.S. applied for fraudulent
PPP loans in those individuals’ names and that those individuals
received fraudulent PPP loans as a result.

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

Stipulated and agreed to:

pe. 3-2x ey

LY SPEN Date
Defendant

Pow fr: $-adq:ay
RACHEL ZIMABOWSKI Date

Counsel for Defendant

bln LU fboon 4-24
HOLLY (MIPSON ” Date
Assistant United States Attorney

PLEA AGREEMENT EXHIBIT B
4

File and source

File

gov.uscourts.wvsd.238890.10.0.pdf

Size

2,305,298 bytes

SHA-256

d537610875955b57d77ed26eca786085b24d020522a8cb6c87ece480a1050562

Our copy

gov.uscourts.wvsd.238890.10.0.pdf

Original

PACER (login required)