Plea Agreement — United States v. Doss (Dkt. 9, N.D. Ala.)

Summary

A plea agreement in United States v. Quincy Terrell Doss, Case 7:22-cr-00131-LSC-GMB, in the U.S. District Court for the Northern District of Alabama, filed June 23, 2022 as Document 9. The defendant agrees to plead guilty to Count ONE (1) of the Indictment, wire fraud under Title 18, United States Code, Section 1343, to pay restitution as recommended by the government and to waive certain appeal and collateral attack rights, and the government agrees to dismiss Count TWO (2) at sentencing and recommend the specified disposition. The maximum punishment listed is imprisonment for no more than 20 years and a fine of $250,000. The factual basis begins with an overview of the Paycheck Protection Program, and the agreement is signed by Assistant U.S. Attorney Jonathan Harrington for U.S. Attorney Prim F. Escalona.

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Case 7:22-cr-00131-LSC-GMB Document 9 Filed 06/23/22 Page 1 of 17         FILED
                                                                         2022 Jun-23 AM 09:35
                                                                         U.S. DISTRICT COURT
                                                                           N.D. OF ALABAMA

               IN THE UNITED STATES DISTRICT COURT

             FOR THE NORTHERN DISTRICT OF ALABAMA
                           WESTERN DIVISION

 UNITED STATES OF AMERICA                )

                                         )
            V.                          ) Case: 7:22-cr-00131-LSC-GMB

                                        )
 QUINCY TERRELL DOSS                    )

                           PLEA AGREEMENT

      The government and the Defendant, QUINCY TERRELL DOSS, hereby

 acknowledge the following plea agreement in this case:

                                  PLEA

      The Defendant agrees to (i) plead guilty to Count ONE (1) of the Indictment

filed in the above. numbered and captioned matter, (ii) pay restitution as

recommended by the Government, and (iii) waive certain of his rights to direct

appeal and collateral attack as outlined in Section IV of this agreement. In exchange, :

the United States Attomey, acting on behalf of the Government and through the

undersigned Assistant United States Attorney, agrees to (1) dismiss Count TWO (2)

of the Indictment at the time of sentencing and (ii) recommend the disposition

specified below, subject to the conditions in Sections VII and VILL

                                                     Defendant’s Initials/
                               Page | of 17

Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 2 of 17

TERMS OF THE AGREEMENT

L MAXIMUM PUNISHMENT

The Defendant understands the maximum statutory punishment that may be
imposed for the crime of wire fraud, in violation of Title 18, United States Code,
Section 1343, as charged in Count One, is:

- a, Imprisonment for no more than 20 years;

b. A fine of $250,000;
c. Both (a and b);

d. Supervised release; and

e. Special Assessment Fee of $100.

II. FACTUAL BASIS FOR PLEA

The government is prepared to prove, at a minimum, the following facts at the
trial of this case:

A. Overview of the Paycheck Protection Program (PPP)

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was
enacted in March 2020 and designed to provide emergency financial assistance to
Americans suffering from the economic effects of the COVID-19 pandemic. Among
other initiatives, the CARES Act, through the PPP, authorized up to $349 billion in
potentially forgivable loans to small business for payroll, job retention, mortgage
interest, and certain other applicable expenses. Each loan draw had a wall

Defendant’s Initials;

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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 3 of 17

application process and requirements. -

The Small Business Administration (SBA) oversaw the PPP and fully
guaranteed every legitimate PPP loan. The SBA would forgive PPP loans if all
employee retention criteria were met, and the funds were used for eligible expenses

within a designated period as set forth in the PPP. The individual PPP loans,

- . however, were issued by private, SBA-approved lenders who received and processed

the PPP applications. Thus, the loans were made from the lenders’ own funds.

To apply for a PPP loan, a qualifying business was required to submit a PPP
loan application to an SBA-approved lender. In the PPP loan application (SBA Form
2483), the small business (through its authorized representative) had to verify its
average monthly payroll and the. total number of employees. These figures were
used to calculate the amount of money the business was eligible toreceive under the
PPP. The maximum PPP loan amount a business could receive was 2.5 times the
business’s average monthly payroll costs, up to $10 million.

The borrower was required to make several affirmative certifications as part
of the PPP application process, including: (1) the business was in operation on
February 15, 2020 and has employees for whom it paid salaries and payroll taxes or
paid independent contractors, (2) the funds would be used to retain workers and

otherwise comply with the fund eligibility restrictions, and (3) the information

Defendant’s nil

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Case 7:22-cr-00131-LSC-GMB Document 9 Filed 06/23/22 Page 4 of 17

provided in the application and supporting documentation was true and accurate in
all material aspects. The borrower was also required to certify that he or she had not
within five years of signing the application pleaded guilty to a felony involving,

among other things, bribery.

B. Overview of the Wire Fraud Scheme

Between April and July 2021, Defendant Doss received two PPP loans
totaling more than $220,000. Defendant Doss knowingly and with the intent to
defraud used materially false or fraudulent pretenses, representations, or promises to
obtain the loans, each constituting an individual act of wire fraud. Specifically,
Defendant Doss submitted PPP loan application forms replete with material
falsehoods and supported by fraudulent documentation purporting to own and
operate a small business that, in matter of fact, did not exist.

C. Defendant Doss’ Acts in Furtherance of the Scheme

I. First Draw PPP Loan

On or about April 8, 2021, Defendant Doss completed an application for a
first draw PPP loan through MBE Capital Partners, a financial services firm based
in New Jersey. On his SBA Form 2483, Doss claimed to own a business with the

legal name “QUINCY DOSS” and listed a residential address in Tuscaloosa as the

Defendant’s il)
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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 5 of 17

business address. Doss claimed to have 15 employees and a monthly payroll of
$44,166. He certified the loan was for payroll costs. These representations on the
Form 2483 were materially false.

As part ofhis application, Defendant Doss provided a 2019 Schedule C (Profit
or Loss from Business) indicating that his “landscaping and lawn care” business had
$635,000 in gross receipts, paid $530,000 in wages, and yielded a net profit of
$101,400. The 2019 Schedule C Doss submitted in support of his PPP application
was fraudulent. Defendant Doss never filed a 2019 Schedule C with the Intemal
Revenue Service (IRS).

On July 28, 2016, Doss pleaded guilty to conspiracy to bribe public officials
in vielation of 18 U. S.C. §371. He began his current term of supervised release i in
June 2018. On his PPP application form, Doss answered “no” to whether “within
the last 5 years, for any felony involving fraud, bribery, embezzlement, or a false
statement in a loan application ... has the Applicant... 1) been convicted; 2) pleaded
guilty; 3) pleaded nolo contendere; or 4) commenced any form of parole or
probation?” The application explicitly states that the loan will not be approved if
the applicant answers “yes” to that question.

Based on the false and fraudulent misrepresentations, certifications, and

documentation outline above, among other false and fraudulent representations,

Defendant’s init)

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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 6 of 17

MBA Capital wired $110,416 to Doss’s Alabama ONE Credit Union checking
account. This transaction constituted an inter-state wire. Doss’ checking account
ending #6176, which was credited $110,416 on April 13 with the following
description: “Deposit MBE CAPITAL —4. 12 PPP2.” Doss transferred $1 10,387.51
to his Alabama ONE account ending #6918, a business account he opened
immediately prior to applying for the PPP loan. Doss then began writing checks
every week made out to “Cash” in amounts below the $10,000 reporting threshold
until he had substantially depleted the PPP loan funds.

2. Second Draw PPP Loan

On or about June 23, 202 1, Doss completed an application for a second draw
PPP loan through a combination of MBE Capital Partners and Enterprise Center
Capital Corporation (“Enterprise Capital”), the latter of which held the promissory
note. Enterprise Capital is headquartered in Philadelphia, PA. On his SBA Form
2483-SD (“Second Draw”), Doss claimed his business had an average monthly
payroll of $44,167 and six employees. | He included the same residential address,
telephone number, business TIN, NAICS Code, and email account as his first draw
PPP application. He included his first draw PPP loan number and noted 2020 gross
receipts of $375,000 and 2009 gross receipts of $635,000. These representations on

the Form 2483 were materially false.

Defendant’s Initia] S:

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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 7 of 17

Once again, as part of his second draw application, Defendant Doss provided
a 2019 Schedule C indicating that his “landscaping and lawn care” business had
$635,000 in gross receipts, paid $530,000 in wages, and yielded a net profit of
$101,400. The 2019 Schedule C Doss submitted in support of his PPP application
was fraudulent. Defendant Doss never filed a 2019 Schedule C with the Internal
Revenue Service (IRS).

Once again, Defendant Doss answered “no” to whether “within the last 5
years, for any felony involving fraud, bribery, embezzlement, or a false statement in
a loan application ... has the Applicant ... 1) been convicted; 2) pleaded guilty; 3)
pleaded nolo contendere; or 4) commenced any form of parole or probation?” Like
the first draw application, Defendant Doss’ second draw application explicitly states
that the loan will not be approved if the applicant answers “yes” to that question.

Based on the false and fraudulent misrepresentations, certifications, and
documentation outline above, among other false and fraudulent representations,
Enterprise Capital wired $110,417 to Doss’s Alabama ONE Credit Union checking
account. This transaction constituted an inter-state wire. Doss’ checking account
ending #6176 was credited $110,417 onJ uly 6, 2021, with the following description:
“Deposit THE ENTERPRISE C — Payment.” Doss once again immediately

transferred $110,141 to his Alabama ONE account ending #6918. Doss then began

Defendant’s Initialg: /
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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 8 of 17

writing checks every week made out to “Cash” in amounts below the $10,000
reporting threshold until he had substantially depleted the PPP loan funds.
kK

The parties stipulate that venue is appropriate in the Northern District of
Alabama and that the total loss attributable to Defendant Doss for the purposes of
_ Sentencing was more than $150,000 and less than $250,000.”

The Defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
Defendant’s sentence. The Defendant further acknowledges that these facts do
not. constitute all the evidence of each act that the Defendant may have
committed.

ay,

{fi}

[JIN

QUINCY TERRELL DOSS

fil. RECOMMENDED SENTENCE

Subject to the limitations in paragraph VIII regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B), Fed. R. Crim. P., the government will recommend the

following disposition:

ie
Defendant’s Initials: iy

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Case 7:22-cr-00131-LSC-GMB Document 9 Filed 06/23/22 Page 9 of 17

a. That the Defendant be awarded an appropriate reduction in offense
level for acceptance of responsibility. The government may oppose any
adjustment for acceptance of responsibility if the Defendant (i) fails to
admit each and every item in the factual stipulation for which he has
knowledge; (ii) denies involvement in the offense; (iii) gives
conflicting statements about the Defendant’s involvement in the
offense; (iv) is untruthful with the Court, the government, or the United
States Probation Officer; (v) obstructs or attempts to obstruct justice
prior to sentencing; (vi) engages in any criminal conduct between the
date of this agreement and the date of sentencing; or (vii) attempts to
withdraw the plea of guilty for any reason other than those expressly
enumerated in the Waiver of Right to Appeal and Post-Conviction
Relief section of this plea agreement;

b. That the Defendant be remanded to the custody of the Bureau of Prisons
and incarcerated for a term consistent with the advisory United States
Sentencing Guideline range as that is determined by the court on the
date that the sentence is pronounced;

 C. That following the term of imprisonment imposed by the Court, the
Defendant be placed on supervised release for a period to be determined
by the court, subject to the standard conditions of supervised release as
set forth in U.S.S.G. § 5D1.3;

d. That the Defendant be required to pay a fine in accordance with the
sentencing guidelines, said amount due and owing as of the date
sentence is pronounced, with any outstanding balance to be paid in full
by the expiration of the term of supervised release;

e. That the Defendant be required to pay restitution, if applicable, as
ordered by the court on the date sentence is pronounced; and

f. That the Defendant pay a special assessment fee of $100, said amount
due and owing as of the date sentence is pronounced.

IV. WAIVER OF RIGHT TO APPEAL & POST-CONVICTION RELIEF

In consideration of the recommended disposition of this case, 1, QUINCY

Defendant’s iia!)

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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 10 of 17

TERRELL DOSS, hereby waive and give up my right to appeal my conviction
and/or sentence in this case, as well as any fines, restitution, and forfeiture
orders, the court might impose. Further, I waive and give up the right to
challenge my conviction and/or sentence, any fines, restitution, forfeiture
orders imposed or the manner in which my conviction and/or sentence, any
fines, restitution, and forfeiture orders were determined in-any post-conviction
proceeding, including, but not limited to, a motion brought under 28 U.S.C.
§ 2255, and any argument that (1) the statute to which I am pleading guilty is
unconstitutional or (2) the admitted conduct does not fall within the scope of
the statute. |

The Defendant reserves the right to contest in an appeal or post-
conviction proceeding the following: |

(a) Any sentence imposed in excess of the applicable statutory
maximum sentence;

(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
imposed; and

(c) Ineffective assistance of counsel.

The Defendant acknowledges that before giving up these rights, the
Defendant discussed the Federal Sentencing Guidelines and their application to
the Defendant’s case with the Defendant’s attorney, who explained them to the

Defendant’s Initials: W)

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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 11 of 17

Defendant’s satisfaction. The Defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute. ;

I, QUINCY TERRELL DOSS, hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs, and

that Iam knowingly and voluntarily entering into this waiver.

if, —

(74 / ie
ouyey TERRELL DOSS

Vv. UNITED STATES SENTENCING GUIDELINES

_ Defendant’s counsel has explained to the Defendant, that considering the

United States Supreme Court’s decision in United States v. Booker, the federal

sentencing guidelines are advisory in nature. Sentencing is in the court’s discretion
and is no longer required to be within the guideline range. The Defendant agrees
that, pursuant to this agreement, the court may use facts it finds by a preponderance
of the evidence to reach an advisory guideline range, and Defendant explicitly
waives any right to have those facts found by a jury beyond a reasonable doubt.

VI. AGREEMENT NOT BINDING ON COURT

The Defendant fully and completely understands and agrees that it is the

Court’s duty to impose sentence upon the Defendant and that any sentence

Defendant’s nats)

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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 12 of 17

recommended by the government is NOT BINDING UPON THE COURT, and
that the Court is not required to accept the government’s recommendation. Further,
the Defendant understands that if the Court does not accept the government’s

recommendation, the Defendant does not have the right to withdraw the guilty plea.

Vil. VOIDING OF AGREEMENT

The Defendant understands that should the Defendant move the Court to»
accept the Defendant’s plea of guilty in accordance with, or pursuant to, the

provisions of North Carolina v. Alford, 400 U.S. 25 (1970), or tender a plea of nolo

contendere to the charges, this agreement will become NULL and VOID. In that
event, the Government will not be bound by any of the terms, conditions, or

recommendations, express or implied, which are contained herein.

VIIL SUBSEQUENT CONDUCT

The Defendant understands that should the Defendant violate any
condition of pretrial release or violate any federal, state, or local law, or should
the Defendant say or do something that is inconsistent with acceptance of
responsibility, the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph LII of the Agreement, but
instead, may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion.

Defendant’s rnitiass( J

Page 12 of 17


Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 13 of 17

IX. OTHER DISTRICTS AND JURISDICTIONS

The Defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district, or any other state or

local authority.

X. COLLECTION OF FINANCIAL OBLIGATION

To facilitate.the collection of financial obligations: to be imposed in
connection with this prosecution, the Defendant agrees to fully disclose all assets in
which he has any interest or over which the Defendantexercises control, directly or
indirectly, including those held by a spouse, nominee or other third party. The
Defendant also will promptly submit a completed financial statement to the United
States Attomey’s Office, in a form that it provides and as it directs. The Defendant
also agrees that the Defendant’s financial statement and disclosures will be
complete, accurate, and truthful. Finally, the Defendant expressly authorizes the
United States Attomey’s Office to obtain a credit report on the Defendant to evaluate
the Defendant’s ability to satisfy any financial obligation imposed by the Court.

XI. RELEVANT CONDUCT AND RESTITUTION

As part of the Defendant’s plea agreement, the Defendant admits to the above
facts associated with the charges and relevant conduct for any other acts. The

Defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the Defendant’s range of iad)

Defendant’s Initial /
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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 14 of 17

under the advisory sentencing guidelines. The Defendant admits that all the crimes
listed in the factual basis are part of the same acts, scheme, and course of conduct.
This agreement is not meant, however, to prohibit the United States Probation Office
or the Court from considering any other acts and factors which may constitute or
relate to relevant conduct. Additionally, if this agreement contains any provisions
_ providing for the dismissal of any counts, the Defendant agrees to pay any
appropriate restitution to each of the separate and proximate victims related to those
counts should there be any.

XII. TAX, FORFEITURE & OTHER CIVIL/ADMINISTRATIVE
PROCEEDINGS

Unless otherwise specified herein, the Defendant understands and
acknowledges that this agreement does not apply to or in any way limit any pending
or prospective proceedings related to Defendant’s tax liabilities, if any, or to any
pending or prospective forfeiture or other civil or administrative proceedings.

The Defendant recognizes that pleading guilty may have con sequences with
respect to his immigration status ifhe is not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses, including the offense
to which Defendant is pleading guilty. Removal and other immigration
consequences are the subject of a separate proceeding, however, and Defendant

understands that no one, including his attomey or the district court, can predict toa

Defendant’s Initials: () j

Page 14 of 17


Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 15 of 17

certainty the effect of his conviction on his immigration status. The Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail, even if the consequence is his automatic

removal from the United States.

XII. DEFENDANT’S UNDERSTANDING

_T have-read and understand the provisions of this agreement consisting of
seventeen (17) pages. I have discussed the case and my constitutional and other
rights with my lawyer. Iam satisfied with my lawyer’s representation in this case.
I understand that by pleading guilty, I will be waiving and giving up my right to
continue to plead not guilty, to a trial by jury, to the assistance of counsel at that trial,
to confront, cross-examine, or compel the attendance of witnesses, to present
evidence on my behalf, to maintain my privilege against self-incrimination, and to
the presumption of innocence. I agree to enter my plea as indicated above on the

terms and conditions set forth herein.

NO OTHER PROMISES OR REPRESENTATIONS HAVE
BEEN MADE TO ME BY THE PROSECUTOR, OR BY
ANYONE ELSE, NOR HAVE ANY THREATS BEEN MADE OR
FORCE USED TO INDUCE ME TO PLEAD GUILTY.

I further state that I have not had any drugs, medication, or alcohol within the

past 48 hours except as stated here (Write “N/A” if none):

Defendant’s Initials |

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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 16 of 17

I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto.

I have personally and voluntarily placed my initials on every page of this
Agreement and have signed the signature line below to indicate that I have read,

understand, and approve all the provisions of this Agreement, both individually

and as a total binding agreement. - ~e
DATE QUINCY TERRELL DOSS
Defendant

_ XIV. COUNSEL’S ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client
of all my client’s rights and all possible defenses. My client has conveyed tome that
he understands this Agreement and consents to all its terms. I believe the plea and
disposition set forth herein are appropriate under the facts of this case and are in
accord with my best judgment. I concurin the entry of the plea on the terms and

conditions set forth herein.

C16 -22

—> s — J : f
DATE Rodetick Walls
Deferidant’s Counsel

Defendant’s initials
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Case 7:22-cr-00131-LSC-GMB Document9 Filed 06/23/22 Page 17 of 17

XV. GOVERNMENT’S ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests of justice.

PRIM F, ESCALONA
United States Attorney

DATE Jonathan “Jack” Harrington
Assistant United States Attorney

Defendant’s viva

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