Criminal Information — United States v. Edward Moise

Record facts

U.S. District Court for the Southern District of Florida · No. 0:21-cr-60293-WPD · Doc. 1 · 2021-10-26 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
SOUTH ERN DISTRICT O F FLORIDA
Case No.
18 U.S.C. j 371
18 U.S.C. j 982
UNITED STATES 0# AM ERICA
VS.
EDW ARD M OISE,
D efendant.
/
INFORM ATION
The United States Attorney charges that:
GENERAL ALLEGATIONS
At a1l times m aterial to this lnformation:
The Pavcheck Protection Prozram
1. The Coronavirus Aid, Relief, and Economic Security IGCCARES''I Act was a federal
1aw enacted in or around M arch 2020 and designed to provide em ergency tinancial assistance to
the m illions of Americans who are suffering the econom ic effects caused by the COV1D-19
pandemic. One source of relief provided by the CARES Act was the authorization of forgivable
loans to small businesseq for job retention and certain othkr expenses, thzough a progrnm referred
to as the Paycheck Protection Progrnm (çTPP'').
2. 
In order to obtain a PPP loan, a qualifying business submitted a PPP loan application,
wllich was signed by an authorized representative of the business. The PPP loan application
required the business (through its authorized representative) to acknowledge the progrnm rules and
make certain aftsrmative certitk ations in order to be eligible to obtain the PPP loan. ln the PPP
21-60293-CR-DIMITROULEAS/SNOW
Oct 26, 2021
KS
Case 0:21-cr-60293-WPD   Document 1   Entered on FLSD Docket 10/26/2021   Page 1 of 12

loan application (Small Business Administration (G1SBA'') Form 2483), the small business (through
its authorized representative) was required to provide, among other things, its: (a) average monthly
payroll expenses; and. (b) nllmber of employees. These fgures were used to calculate the amount
of m oney the sm all business was eligible to receive under the PPP.
3. 
A PPP loan application wa! processed by a participating lender. If a PPP loan
application was approved, the participating lender funded the PPP loân using its om z m onies.
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 infonnation about the borrower, the total nm ount
of the loan, and the listed nllmber of em ployees, was transm itted 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 certainh permissible
expenses- payroll costs, interest on m ortgages, rent, and utilities. The PPP allowed the interest
and principal on the PPP loan to be entirely forgiven if the business spent the loan proceeds on
these expense item s within a designated period of time and used a detined portion of the PPP loan
Proceeds On Pa#rOll expenses.
The Financial Institutions
5. 
Bnnk 1 was a financial institution based in Salt Lake City, Utah, that was instlred by
the Federal Deposit lnsmance Corporation (çGFD1C''). Bank 1 was an approved SBA lender of PPP
loans.
6.
the FDIC. Bnnk 2 was an approved SBA lender of PPP loans.
Bank 2 was a snmwial. institution based in Fot4 Lee, New Jersey, thàt was insured by
Bnnk 3 was @, financial institution based in San Francisco, California, that was insured
by the FDIC.
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8. 
Bank 4 was a financial institution based in Charlotte, North Carolina, that was
insured by the FDIC.
9. 
Bnnk Processor 1 was a third-party company processor, based in Redwood City,
Califom ia, that processed PPP loan applications through a server located in Northern Virginia for
Bank 1 and Bnnk 2. Sm all businesses seeldng PPP loans could apply eleetronically through Bnnk
Processor 1 for PPP loans. Bnnk Processor 1 would review the loan application and, if approved,
a partner bnnk disbursed the loan ftmds to the applicant.
The Defendant, Related Entities, and Individuals
10. Moise Logistics Group, LLC (G1MLG'') was a Florida limited liability company with
'its listed pdncipal address in Lauderhill, Florida.
1 1. EDW ARD M OISE, a resident of Broward County, Flodda, was a m anager of M LG.
Commercial Multi Services, Inc. (1GCMS'') was a Florida corporation with its listed
principal address in Fol4 Lauderdale, Florida.
W ally Dorlus, a resident of Broward Cotmty, Florida, was a registered tax m eparer,
and, at a11 relevant times, was an officer or director of CM S.
14. Brothers Spirits Corp. (ç% SC'') was a Florida corporation with its listed principal
address in'M inm i Beach, Flozida.
15. Roberto Geronim o, a resident of M iami G
. ardens, Florida, was the president and
100% owner of BSC.
16. M arcgenson M arc was a resident of Broward County, Florida.
CONSPIRACY (BANK FM UD)
(18 U.S.C. j 371)
From in or arotmd M ay 2020, through in or around August 2020, in M iam i-Dade and
Broward Cotmties, in the Southern District of Florida, and elsewhere, the defendant,
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EDW ARD M OISE,
did willfully, that is, with the intent to further the object of the conspiracy, and knowingly combine,
conspire, confederate, and agree with W ally Dorlus, Roberto Geronim o, M arcgenson M arc, and
with others known and unknown to the United States Attorney, to com mit àrl offense against the
United States, that is, to knowingly, and with the intent to defraud, execute, and cause the execution
of, a scheme and artifice to defraud one or m ore fnancial institutions, which schem e and artifice
w ould employ a m aterial falsehood, and to knowingly, and with intent to defraud, execute, and
cause the execution of, a schem e and artifice to obtain m oneys and funds owned by, and tmder the
custody and control of, one or more financial instittztions, by m eans of m aterially false and
gaudulent pretenses, representations, and prom ises relating to a m aterial fact, in violation of Title
18, United States Code, Sections 1344(1) and (2).
PURPO SE OF THE CONSPIM CY
It was the purpose of the conspiracy for the defendant and his co-conspirators to
tmlawfully emich themselves by, nmong other things: (a) submitting and causing the submission
of false and gaudulent applications for loans and grants m ade available through the SBA to provide
relief for the economic effects caused by the COVID-19 pandemic, including PPP lpans; (b)
offering, paying, and receiving ldckbacks in return for refening other individuals for the
submission of ' false and gaudulent loan applications; and (c) diverting fraud proceeds for the
defendants' and co-conspirators' personal use, the use and benefit of others, and to further the
fraud.
M ANNER AND M EANS OF THE CO NSPIM CY
The m azmer and m eans by which the defendant and his co-conspirators sought to
accomplish the object and purpose of the conspiracy included, nmong others, the following:
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18. EDW ARD M OISE, W ally Dorlus, Roberto Geronim o, M arègenson M arc, and other
co-conspirators subm itted and caused the subm ission of fraudulent PPP loan applications to Bank
1 and Bank 2 for M LG, BSC, and other entities, via interstate wire com munications, through Bnnk
Processor 1's online portpl.
19. The PPP loan applications subm itted and caused to be subm itted by EDW ARD
M OISE, W Ally Dorlus, Roberto Gerorlim o, M arcgenson M arc, and other co-conspirators included
falsified payroll-tax forms, and falsely and fraudulently represented the bonowing entities'
ntzmber of employees and am ount of monthly payroll, al1 intended to make it appear that the
applicants qualified for the PPP loan program and were supposedly entitled to loans in excess of
what they othem ise may have been entitled tmder the PPP progrnm .
20. EDW ARD M OISE, Roberto Geronim o, M arcgenson M arc, and other co-
conspirators recnzited co-conspirators to subm it additional fraudulent PPP loan applications, often
in exchange for kickbacks from the proceeds received through the fraudulently obtained PPP loans.
As a result of the false and fraudulent PPP loan applications submitted to Bank
Processor 1 as pat't of this schem e, Bank 1 and Bank 2 disbm sed millions of dollm's in PPP loan
proceeds to depository accounts held by M LG, BSC, and othqr accomplices and co-conspirators.
22. EDW ARD M OISE, Roberto Geronimo, and other co-conspirators paid W ally
Dorlus and M arcgenson M arc kickbacks in exchange for facilitating and obtaining fraudulent PPP
loans.
OVERT ACTS
In furthermlce of the conspiracy, and to accomplish its object and purpose, at least one of
the co-conspirators comm itted and caused to be comm ittee, in the Southern District of Florida and
elsewhere, at least one of the following overt acts, am ong others:
5
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1. 
On or about June 3, 2020, M arcgenson M arc sent EDW ARD M OISE a text m essage
that said: tr k perfect & I got som ething for you regarding PPP.. call me.''
On or about Jtme 3, 2020, M arcgenson M arc sent EDW ARD M OISE a W hatsApp
m essage that said:
Here's what 1 need from you.
DRW ER LICENSE FRONT Ar
 BACK
FEBRUM W  BANK STATEM ENT
BU SIN ESS E1N#
BUSINESS NAM E
IN CORPORATED DATE
SS#
CONTACT#
AND AN EM M L
and how much do you want m e to try and get for you.
On or about June 9, 2020, EDW ARD M OISE sent a W hatsApp m essage to
M arcgenson M arc with the requested irlformation about M LG to apply for a PPP loan:
M oise logistics Group, LLC
ElN# D DACTED)
Opened 11/05/12
SS# (REDACTEDJ
Ph: (REDACTEDj
Email: (REDACTED)
6 employees
Looldng for 75011 for new tnzcks and payoff the o1d trucks.
4. 
On or about June 14, 2020, Roberto Geronim o sent EDW ARD M OISE a W hatsApp
m essage that attached a Febnzary 2020 bnnk statem ent for BSC.
5. 
On or about Jtme 14, 2020, EDW ARD M OISE sent M arcgenson M arc a W hatsApp
m essage that attached the Febnlary 2020 bnnk statement for BSC.
On or about Jtme 14, 2020, EDW ARD M OISE sent M arcgenson M arc a W hatsApp
message with the requested inform ation about BSC to apply for a PPP 10> :
BUSINESS EIN#IREDACTEDI
BUSFNESS NAM E: Brothers spirits corp.
6
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INCORPORATED DATE: 10/19/2017
SS#IREDACTEDI
CONTACT#IREDACTEDj
EMAIL: LREDACTEDj
400k 12 employees
On or about June 18, 2020, W ally Dorlus electronically subm itted or caused to be'
subm itted false and fraudulent docllments on behalf of M LG to Bnnk 1 through Bank Processor
1's online portal, including fafse and fraudulent payroll-tax forms, falsely stating that M LG had a
quarterly payroll in the approximate nmount of $365,100, for 31 employees, to request a PPP loan
in the approximate amount of $175,022 for MLG.
8. 
On or about June 18, 2020, W ally Dorlus electronically submitted or caused to be
submitted false and âaudulent doctlm ents on behalf of BSC to Barlk 2 through Bank Processor 1's
online portal, including false and fraudulent payroll-tax fonns, falsely stating that BSC had a
quarterly payroll in the approximate nmount of $375,400, for 12 employees, to request a PPP loan
in the approximate amount of $249,990 for BSC.
On or about Jtm e 19, 2020, an account at Bnnk 3 ending in -1515 in the nnm e of
M LG received fraudulent PPP loan proceeds in the approximate amotmt of $175,022 from Bank
1.
10. On or about June 19, 2020, an account at Bnnk 3 ending in -1 104 in the nam e of BSC
received fraudulent PPP loan proceeds in the approximate mnount of $249,990 from Bank 2.
On or about Jtme 19, 2020, Roberto Gerorlim o caused a cashier's check in the
approximate nmount of $63,497, drawn on an account at Bank 3 accotmt ending in -1 104 in the
name of BSC, to be issued to EDW ARD M OISE.
12. On or about Jtme 19, 2020, EDW ARD M OISE caused the cashier's check in the
approximate amotmt of $63,497, drawn on an accotmt at Bank 3 account ending in -1 104 in the
7
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nmne of BSC, to be deposited into an account at Bank 3 ending in -1515 in the nam e of M LG.
13. On or about June 19, 2020, EDW ARD M OISE caused a cashier's check in the
approximate nmount of $42,501, drawn on an accotmt at Bank 3 ending in -1515 in the nnme of
M LG, to be issued to CM S.
A1l in violation of Title 18, United States Code, Section 371.
FORFEITURE R LEGATIONS
1 . 
The allegations contained in this Information are hereby re-alleged and by this
reference fully incorporated herein for the pum ose of alleging forfeiture to the United States of
certain property in which the defendant, EDW ARD M OISE, has an interest.
2. 
Upon conviction of a violation pf Title 18, United States Code, Section 371, as
alleged in this Inform ation, the defendant shall forfeit to the United States any property
constituting, or dedved from , any proceeds the defendant obtained, directly or indirectly, as the
result of such violation pursuant to Title 18, United States Code, Section 982(é)(2)(A).
lf any of the property subject to forfeittlre, as a result of any act or omission of the
defendant'.
a. camzot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
has been placed beyond the judsdiction of the court;
d. has been substantially dim inished in value; or
e. hms been com mingled with other property which cannot be divided without
difficulty.
the United States shall be entitled to the forfeittlre of substitute property under the provisions of
Title 21, United Stajes Code, Section 8534.19,
8
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4.
set forth in Title 21, United States Code, Section 853, as incorporated by Title 18, United Slates
Code, Section 982(b)(1).
A11 pursuant to Title 18, United States Code, Section 982(a)(7), and the procedures
7
4, 'J
- 
. 
. 
.%
JUAN TONIO G Y/ ALEZ
UNITED STATES 
ORNEY
T P ANIE I'JA SER
ASSISTANT UNITED STATES ATTORN EY
9
Case 0:21-cr-60293-WPD   Document 1   Entered on FLSD Docket 10/26/2021   Page 9 of 12

UNITED STATESDISTW G  COIA T
SOUTHERNDISTRICT OFFLORIDA
W
TEDSTATESOFW
W CA
V.
EDW ARD M OISE,
Defendant. 
/
Courtoivisionrtselect One) 
New defendantts) I--I Yes I'S No
gN Miami I--I Key West F-I
? FTL 
Numberof new defendants
F-IWPB FIFTP 
Totalnumberofcounts
1. I have carefully considered the allegations Of the indictment, the number of defendants, the number of probable
witnesses and the legal complexities of the Indictment/lnformation attached heretô.
2. l am aware that the information supplied on this statèment wîll be relied upon by the Judges of this Court in
setting their calendars and scheduling crim inal trials under the mandate of the Speedy Trial Act,
Title 28 U .S.C. Section 3 161.
3. lnterpreter: (Yes or No) No
List language and/or dialect
4. This case w ill take 0 days for the parties to try.
5. Please check appropriate category and type of offense listed below:
(Check only cne) 
(Check only one)
1 () t o 5 d ay s 
rql
z 
P e tty 
r-1
11 6 to 10 days 
' (71 
Minor 
r-I
I11 1 1 to 20 days 
E1 
Misdemeanor 
n
IV 21 to 60 days 
F-1 
Felony 
nz
V 6 1 days and over 
r-I
6. Has this case previously been filed in this District Court? (Yes or No) No
If yes: Judge 
' 
Case N o.
(Attach copy of dispositive order)
Has a complaint been filed in this matter? (Yes or No) No
lf yes: M agistrate Case N o.
Related m iscellaneous num bers:
Defendantts) in federal custody as of
Defepdantts) in statè custody as of
Rule 20 from the District of
ls this a potential death penalty case? (Yes or No) No
7. Does this case originate from a m atter pending in the Central Region of the U.S. Attorney's Office priorto
August 9, 2013 (Mag. Judge Alicia 0. Valle)? (Yes or No) No
8. Does this case originate from a m atter pending in theNorthern Region of the U.S. Attorney's Office priorto
August 8, 2014 (Mag. Judge Shaniek Maynard? (Yes or No) No
9. Does this case originate from a m atter pending in the Central Region of the U.S. Attorney's Office prior to
October 3, 2019 (Mag. Judge Jared Strauss)? (Yes or No) No
CASE NO.
CER TW ICATE OF TRIAL ATTORN EY *
Superseding Case lnform ation:
*penalty Sheetts) attached
T 
IE HAUS R
Assistant United States Attorney
FLA Bar N o. 
92765
REV 3/19/21
Case 0:21-cr-60293-WPD   Document 1   Entered on FLSD Docket 10/26/2021   Page 10 of 12

UNITED STATES DISTRICT COURT
SO UTHERN DISTRICT OF FLO RIDA
PENALTY SHEET
Defendant's Nam e: EDW ARD M OISE 
'
Case No:
Count #: 1
Conspiracy (Bnnk Fraud)
Title 18. United States Code. Section 371
* M ax. Penalty: 
Five years' imprisonm ent
WRefers only to possible term of incarceration, does not include possible flnes, restitution,
special assessm ents, parole term s, or forfeitures that m ay be applicable
Case 0:21-cr-60293-WPD   Document 1   Entered on FLSD Docket 10/26/2021   Page 11 of 12

h() 455 ( llev. () 1/09) B'aiver (,1-1111 Illdicllnellt
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UNITED STATES D ISTRICT C OURT
for the
UTHERN D'ISTRICT OF FLORIDA
SO
United States of America
V.
EDW ARD MOISE
1-3 qA??r/rJ!?/
Case No.
W AIVER O F AN INDICTM ENT
1 understand that l have been accused of one or more offenses punishable by ilnprisonment tbr more than one
year. l was advised in open court of n'ly riglts and the nattlre of the proposed cllarges against n'le. 
'
A fler receiving this advice, l vvaive my right to prosectltion by indictlnent and consent to prosecution by
intbrlnation.
Date: 
08/26/2021
' 
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Case 0:21-cr-60293-WPD   Document 1   Entered on FLSD Docket 10/26/2021   Page 12 of 12

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