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Home Court filings Rosenide Venant case — U.S. District Court, M.D. Fla. Criminal Complaint — United States v. Venant (Dkt. 1, M.D. Fla.)

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Criminal Complaint — United States v. Venant (Dkt. 1, M.D. Fla.)

Summary

A criminal complaint and supporting affidavit in United States v. Rosenide Venant, a/k/a Rose Lugo, Case No. 8:21MJ1295AAS, in the U.S. District Court for the Middle District of Florida, filed March 26, 2021 as Document 1. The affidavit states that approximately 70 fraudulent loan applications seeking at least approximately $5.8 million in SBA coronavirus relief funds from the PPP and EIDL program were traced to internet addresses linked to Lugo and Venant, and that they used relief funds to pay off a note on a luxury vehicle. A table of applications in the name of Sisters Compassionate Care Venant LLC and others totals an attempted amount of $2,597,838 and a funded amount of $1,609,735. It runs 32 pages.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed March 26, 2021 in Rosenide Venant; one of 1 filings from this case.

Record facts

CourtU.S. District Court for the Middle District of Florida
Filed2021-03-26

Cite this document

“Criminal Complaint — United States v. Venant (Dkt. 1, M.D. Fla.).” U.S. District Court for the Middle District of Florida, No. 8:21-mj-01295, Doc. 1, filed 2021-03-26. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-rosenide-venant/2021-03-26-criminal-complaint-dkt-1/, SHA-256 716f0cbdb98f19fb205c2ccfa321fefae74001b62806d66e8d4559438f11a8d0.

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Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 1 of 32 PageID 1


i\091 (Rev. 1111 1) CrimmalComplamt


                                    UNITED STATES DISTRICT COURT
                                                                 for the
                                                      M iddle District o f Florida

                  United States of A merica
                              V.
                                                                           Case No.
                     Rosenide Venant,
                     a/k/a "Rose Lugo"

                                                                                  8:21MJ1295AAS
                         Defendt111t(s)


                                                  CRIMINAL COMPLAINT
          I, the complainant in this case, state that the following is true to the best o f my knowledge and belief.
On or about the date(s) of            March 2020 to August 202_0_ _ in the county o f _                     Polk              in the
        Middle        District of         _ __
                                             F_lo_ri_da_ ___ , the defendant(s) vio lated:

            Code Section                                                      Offense Description
18 U.S.C. s. 371;                               Conspiracy; False Statements to a Financial Institution
18 U.S.C. s. 1014




          This crim inal complaint is based on these facts:

See Affidavit.




          0 Continued on the attached sheet.


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                                                                                                              _t_111_·e_ __ -_ _ _ __


                                                                                     SA John E. Herman, FBI
                                                                           - - - -- --                      -- - --
                                                                                       Printed name and title

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Date:                                                                        _L           n ,.,-L..    Jl II J@ . . ,__
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City and state:                                                                AMANDA A. SANSONE, U.S. Magistrate Judge
                                                                                                Printed name and title

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 2 of 32 PageID 2




                     AFFIDAVIT IN SUPPORT OF WARRANT

       I, John E. Herman, being duly sworn, hereby depose and state as follows:

       1.    I am a Special Agent with the Federal Bureau of Investigation ("FBI"),

and have been since 2007. Prior to joining the FBI, I was Captain in the United States

Army. My duties include investigating federal crimes, including conspiracy, bank

fraud, and wire fraud.

      2.     As an FBI agent, I am charged with enforcing the laws of the United

States of America, and possess the authority to request, to obtain, and to execute

orders of the United States Courts, including search warrants issued under federal

authority. I have extensive training in investigations, particularly for fraud.

       3.    This Affidavit supports an application for a criminal complaint and

arrest warrant for JULIO ENRIQUE LUGO, a/k/a "Rick Williams," and

ROSENIDE VENANT, a/k/a "Rose Lugo." As detailed below, LUGO and

VENANT conspired to defraud the Small Business Administration ("SBA") and to

commit other offenses by submitting false and fraudulent information to steal and

attempt to steal coronavirus relief funds from the SBA's Paycheck Protection Program

("PPP") and Economic Injury Disaster Loan ("EIDL") program. In total,

approximately 70 fraudulent loan applications seeking at least approximately $5.8

million in SBA coronavirus relief funds were traced back to Internet Protocol

addresses ("IP-Addresses") assigned to LUGO and VENANT's home in the Middle

District of Florida. LU GO, himself, was listed as the applicant on at least four of the

fraudulent EIDL/PPP loans, which sought a total of approximately $321,485. As for

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 3 of 32 PageID 3




VENANT, she was listed as the applicant on at least 13 fraudulent EIDL/PPP loans,

which sought a total of approximately $1.2 million. Additionally, as detailed later,

LUGO and VENANT had access to and misused EIDL/PPP funds, including to pay

off a note on a luxury vehicle in violation of 18 U.S.C. § 1957.

      4.     Based on these acts, as set forth more fully below, probable cause exists

to believe. that LUGO and VENANT violated 18 U.S.C. §§ 371 (conspiracy to

defraud the SBA) and 1014 (false statements to a lending institution). Further,

probable cause exists to believe that LUGO violated 18 U.S.C. § 1957 (illegal

monetary transactions). This Affidavit is intended to show merely that there is

sufficient probable cause for the requested warrant and does not set forth all ofmy

knowledge about this matter.

                                 PROBABLE CAUSE

                                        Overview

      5.     In 2015, JULIO ENRIQUE LUGO, a/k/a "Rick Williams," was

convicted of conspiracy to defraud the federal government (18 U.S.C. § 286) and

aggravated identity theft (18 U.S.C. § 1028A). United States v. Julio Lugo, Case No.

0:14-cr-60105 (S.D. Fla.), Doc. 59. Then, LUGO had filed 48 fraudulent federal

income tax returns using tax-preparation businesses-including, pertinently, The

Number One Tax Specialist, LLC ("NOTS")-to steal at least $279,000 from the

United States Treasury using the stolen identities of unknowing victims. See id. at

Docs. 33-34. For that conviction, LUGO remains on supervised release. See id. at


                                            2

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 4 of 32 PageID 4




Doc. 59. Now, LUGO is working with new conspirators to steal federal funds-this

time, coronavirus relief funds offered by the SBA-using small businesses and shell

companies like NOTS, which LUGO had used in his previous crimes.

      6.      The ongoing investigation has revealed that LUGO and VENANT are

conspiring to defraud the SBA with several other close family members. Other

associates and relatives also appear to be involved. The conspirators publicly hold

Florida-registered corporations (the "Lugo Family Companies") that have

fraudulently secured coronavirus relief funds. As detailed herein, fraudulent loan and

grant applications for the Lugo Family Companies were electronically filed from IP-

Addresses1 associated with the home where LUGO and VENANT live. The Lugo

Family Companies' fraudulent loan applications sought approximately $2.5 million in

EIDL/PPP funds, resulting in at least $1.6 million of theft as set forth on the below

table. In addition, the same IP-Addresses were the origin for at least 48 other

suspicious EIDL applications for third-party companies. Altogether, the fraudulent

EIDL applications electronically submitted from LUGO and VENANT's house

sought at least approximately $5.8 million from the SBA.




       1
         Specifically, the IP-Addresses 47.200.4.123 and 47.200.25.251 were assigned to the home
on Preston Avenue in Davenport, Florida, where LUGO and VENANT live. The associated
account for internet service was in VENANT's name.
                                                3

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 5 of 32 PageID 5




  Lugo Family SBA E/Dl/PPP loan Applications
                                                                               Relative #1                        Relative #2
                   Julio
                                                  Rosenide                   Total Applications
                  Enrique                                               Applied for 3 SBA EIDL loans            Total Applications
                                                   Venant                   using 2 Florida LLCs           Applied for 2 SBA EIOL loans
                   Lugo                                                                                        using 2 Florida LLCs
      Total A 1;r nlications            Total A1;rnlications                  Claimed LLCs
                                                                     Diamond Taxes and Multi Services;            Claimed LLCs
    Applied for 4 SBA loans         Applied for 13 SBA loans                                              The Number One Tax Specialist;
                                                                        Consumer Dispute Services
     (3 EIDL, 1 PPP) u sing           (8 EIDL, 5 PPP) u sing                                                Rose Compassionate Core
         2 Florida LLCs                   5 Florida LLCs               EIOL/PPP funding attempted
                                                                                $400,700                   EIOL/PPP funding attempted
      Luge's Claimed LLCs             Venant's Claimed LLCs                                                       and secured:
     Universal Property Vision;                                          EIDL/PPP funding secured                   $294,700
                                      Rosenide Tax Consulting;
      Facerick Entertainment        Rose Garden Recovery Living;
                                                                                $273,200
                                    Sisters Compassionate Core;
                                         Lysol-Central, Inc.;
                                  Diamond Taxes and Multi Services             Relative #3                        Relative #4
                                                                        Applicant for SBA EIDL loan         Applicant for SBA EIOL loan
  EIDL/PPP funding attempted                                                                                   for H & C Community
                                  EIDL/PPP fun ding attempted              for H & C Mortgage
             $321,485                                                                                     Development, Inc. and Western
                                            $1,209,553                   Investments Realty Inc.
                                                                                                         Shores Mortgage Investment, Inc.
   EIDL/PPP funding secured         EIDL/PPP funding secured                EIDL funds secured:
             $256,485                        $413,742                                                          EIDL funds secured:
                                                                                 $121,500.
                                                                                                                    $249,900


See also, infra, Appendix 1 (Table of Lugo Family PPP /EIDL Loans).

        7.          Once the EIDL or PPP funds were disbursed, the conspirators

exchanged checks with one another that were falsely labeled as "payroll" and other

qualified expenses. These transactions were designed, at least in part, to conceal the

nature, ownership, and control of the fraud proceeds. The "payroll" checks were

merely pretextual because the conspirators ultimately misused the stolen EIDL and

PPP funds, including approximately $47,000 to pay off a note on a 201 7 BMW 7-

Series sedan, over $49,000 in charges at casinos, at least $13,500 spent at weight loss

centers, questionable Zelle transfers exceeding $200,000, and ATM and counter

withdrawals exceeding $320,000. LUGO even publicized his misuse of the SBA funds

in a nearly eight-minute-long video that he posted to his Facebook account2 on July 1,


         2
       The stills on the following page were from a video posted to the Facebook profile named
"Rick Williams." The profile includes numerous depictions of LUGO, VENANT, and his
                                                4

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 6 of 32 PageID 6




2020. The video featured LUGO and VENANT at a hotel room littered with $100

bills and several items from Louis Vuitton, including, as LUGO stated in the video, a

$5,000 watch. Sample stills from the video are depicted below:




       8.      This conduct establishes probable cause that LUGO and VENANT

conspired to defraud the SBA in violation of 18 U.S.C. § 371 and violated multiple

federal criminal statutes, including 18 U .S.C. §§ 1014 and 1957.

                                  Background Regarding the PPP

       9.      In March 2020, the Coronavirus Aid, Relief, and Economic Security

Act, or the "CARES Act," was enacted to provide immediate assistance to

individuals, families, and organizations affected by the COVID-19 emergency.




conspirators/ relatives. "Rick Willia ms" is believed to be an alias that pairs his middle name
"Enrique" (for "Rick") with a family surname "Williams."

                                                   5

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 7 of 32 PageID 7




Among its various provisions, the CARES Act authorized the SBA to guarantee PPP

loans, the full principal amount of which could qualify for forgiveness.

       10.    Borrowers were required to use PPP loan proceeds for enumerated

purposes, including payroll costs, 3 rent and utilities, and mortgage interest payments.

Knowing misuse of PPP funds subjected the borrower to additional liability, such as

charges for fraud.

       11.    Under the PPP, the maximum loan amount is the lesser of $10 million

or an amount calculated using a payroll-based formula specified in the CARES Act.

The payroll-based formula principally considers the borrower's aggregate payroll costs

from the preceding twelve months for all domestic employees. 4 Once an average

monthly payroll cost is established, the borrower multiplies that amount by 2. 5 to

arrive at the total maximum PPP loan amount.

       12.    To apply for a PPP loan, potential borrowers could electronically submit

the SBA Form 2483 with supporting payroll documentation to a financial institution

that administers the loan and serves as custodian of the funds. On the SBA Form



       3
          Payroll costs consist of compensation to employees (whose principal place of residence is
the United States) in the form of salary, wages, commissions, or similar compensation; cash tips or
the equivalent (based on employer records of past tips or, in the absence of such records, a
reasonable, good-faith employer estimate of such tips); payment for vacation, parental, family,
medical, or sick leave; allowance for separation or dismissal; payment for the provision of employee
benefits consisting of group health care coverage, including insurance premiums, and retirement;
payment of state and local taxes assessed on compensation of employees; and for an independent
contractor or sole proprietor, wages, commissions, income, or net earnings from self-employment, or
similar compensation.
       4
         The payroll-based formula expressly excluded (i) any compensation of an employee whose
principal place of residence is outside of the United States; and (ii) the compensation ofan
individual employee in excess of an annual salary of$100,000, prorated as necessary.
                                                 6

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 8 of 32 PageID 8




2483, an authorized representative must make several certifications about his business

operations and related information. Those certifications include that: (i) the applicant

was in operation on February 15, 2020 and had employees for whom it paid salaries

and payroll taxes or paid independent contractors, as reported on a Form 1099-MISC;

(ii) current economic uncertainty made the loan request necessary to support the

applicant's ongoing operations; and (iii) the PPP funds would be used to retain

workers and to maintain payroll or pay other qualifying expenses. Upon submitting

the SBA Form 2483, the authorized representative certifies that, should he knowingly

use the PPP funds for unauthorized purposes, the United States could hold him

legally liable, including for charges of fraud.

       13.    Additionally, the applicant must respond to questions regarding his

personal history, including whether he was convicted of a felony and/ or placed on

probation within the previous five years. The PPP loan application expressly states

that, should the applicant respond "yes," the PPP loan would "not be approved." The

applicant must also certify the truth and accuracy of any information provided on the

SBA Form 2483 and in all supporting documents. 5 Such supporting documents could

include tax filings with the Internal Revenue Service ("IRS"), such as the IRS Form

W-3 (Transmittal of Wage and Tax Statements), IRS Form 940 (Employer's Annual




        5 Borrowers must submit supporting documents to establish loan eligibility for PPP. Such

support could include payroll tax filings (e.g., IRS Forms 940 and 941), payroll processor records,
bank records, or other records sufficient to demonstrate the qualifying payroll amount.

                                                  7

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 9 of 32 PageID 9




Federal Unemployment Tax Return), or the IRS Form 941 (Employer's Quarterly

Federal Tax Return).

        14.    Finally, the applicant must certify the following warning regarding false

statements and other criminal penalties:

        I understand that knowingly making a false statement to obtain a
        guaranteed loan from SBA is punishable under the law, including under
        18 U.S.C. §§ 1001 and 3571 by imprisonment of not more than five
        years and/or a fine of up to $250,000; under 15 U.S.C. § 645 by
        imprisonment of not more than two years and/ or a fine of not more
        than $5,000; and, if submitted to a federally insured institution, under
        18 U.S.C. § 1014 by imprisonment of not more than thirty years and/or
        a fine of not more than $1,000,000.

                       The Conspirators' Fraudulent PPP Loans

        15.    The ongoing investigation has established that, since March 2020, the

conspirators have fraudulently applied for at least approximately 25 EIDL and PPP

loans using the Lugo Family Companies. These fraudulent loan applications sought

at least $2.5 million in coronavirus relief funds, resulting in over $1.6 million of

disbursed program funds. Of this, at least approximately $378,000 derived from

fraudulent PPP loan applications from LUGO or VENANT as set forth below:

                                         · ·Onor
                                                      , Approx.
                                            -A,t,out    ·Amount           Associat_ed
   #      Applicant     Company Name
                                     . \ Application . Requested        Email Account(s)
                                          .· Date
                       Universal Property
    1     Julio Lugo      Vision LLC        4/20/2020   $59,485    julioenriquelugo@gmail.com
                           ("UPV")
                         Rose Garden                    $60,000
          Rosenide
   2                    Recovery Living     4/8/2020     (loan      roselugo3180@gmail.com
           Venant
                         Inc. ("RGR")                   denied)
                         Rose Garden
          Rosenide
   3                    Recovery Living     4/24/2020   $40,000     roselugo3180@gmail.com
           Venant
                         Inc. ("RGR")

                                                8

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 10 of 32 PageID 10




                              Sisters
            Rosenide
    4                    Compassionate       51612020     $101,242     roselugo3180@gmail.com
             Venant
                        Care LLC ("SCC")
                         Diamond Taxes
            Rosenide
    5                   and Multi Services   4/20/2020    $40,208     roselugo3180@gmail.com
             Venant
                         Inc. ("DTMS")
                         Diamond Taxes                    $77,303
            Rosenide
   6                    and Multi Services   4/28/2020     (loan      roselugo3180@gmail.com
             Venant
                         Inc. ("DTMS")                    denied)


                       UPV's False and Fraudulent PPP Loan Application

        16.     On or about April 20, 2020, LUGO electronically submitted a fraudulent

SBA Form 2483 to Bank-I, a federally insured financial institution, for a construction

company named UPV. In tum, Bank-I awarded LUGO approximately $59,485 in

PPP funding. On the PPP loan application, LUGO was identified as UPV's

"authorized representative" and sole owner. He cited "Payroll," "Lease/Mortgage

Interest," and "Utilities" as the purposes for the PPP loan.

        17. . According to the PPP loan application and Florida corporate records,

UPV was purportedly located at a commercial address on Ambersweet Way in

Davenport, Florida, which is within the Middle District of Florida. That address,

however, is merely a drop-box site at a United Parcel Service ("UPS") store. 6 While

the UPS store served as UPV's purported business address, LUGO claimed to reside

at a home on Pinecrest Loop in Davenport, Florida (the "Pinecrest Loop Address").

The Pinecrest Loop Address, it bears noting, would later also serve as the purported


        6
         In prior years, UPV was registered at a residential property on Calabria A venue, in
Davenport, Florida, which is a residential property. According to open source research, LUGO
resided at the address in the past, but the property is now occupied by another individual.

                                                 9

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 11 of 32 PageID 11




business address on at least six other fraudulent PPP /EIDL applications submitted by

his family members-including Relative #2's EIDL application for NOTS, the tax

preparation company central to LUGO's 2015 fraud conviction.

      18.    On the fraudulent PPP loan application, LUGO claimed that UPV had

16 employees with an Average Monthly Payroll demand of$47,588-or, annualized,

$571,056. As the investigation has revealed, that was false. UPV had reported no

wages for any employees to the State of Florida in 2019. In Florida, employers must

report quarterly wage and hour returns to state agencies. Records from the Florida

Department of Economic Opportunity ("FDOE") showed a complete lack of

reporting for UPV in 2019.

      19.    Further, a preliminary review of available financial records for UPV

showed no payroll activity prior to the coronavirus pandemic. UPV held accounts at

two different banks: Bank-2 (-6251) and Bank-I (-0385). According to the available

bank records, prior to March 2020, UPV made no payments to the IRS for payroll

taxes or otherwise to payroll processors. Nor did UPV consistently pay wages directly

to steady employees. UPV only began issuing checks to purported "employees" after

LU GO secured PPP funds from Bank- I. After securing the PPP funds, UPV issued

checks labeled as "payroll" to his immediate family members, including conspirator

VENANT, and others. And, in tum, their respective companies-which likewise had

no payroll activity prior to the pandemic-issued similarly labeled "payroll" checks to

conspirators LUGO, VENANT, and many of the same family members.


                                          10

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 12 of 32 PageID 12




      20.     On the SBA Form 2483, LUGO also lied about his status as a convicted

felon on supervised release, which would have automatically disqualified him as a

PPP borrower. As noted previously, the SBA Form 2483 asked borrowers, "Within

the last 5 years, [have you] been placed on any form of parole or probation?" The

application expressly warned that, by answering "YES," the PPP loan would be

denied. LU GO checked "NO," even though he was actively serving a term of

supervised release from his 2015 tax conviction. He remains on supervision today.

LU GO affirmed his false answer by entering his electronic initials "J .E .L."

      21.     The SBA Form 2483 also reflected LUGO's initials ("J.E.L.") beside all

required certifications for the PPP loan, including those set forth verbatim below:

            a. "The funds will be used to retain workers and maintain payroll or make
               mortgage interest payments, lease payments, and utility payments, as
               specified under the Paycheck Protection Program Rule; I understand that
               if the funds are knowingly used for unauthorized purposes, the federal
               government may hold me legally liable, such as for charges of fraud."

            b. "I further certify that the information provided in this application and the
               information provided in all supporting documents and forms is true and
               accurate in all material respects. I understand that knowingly making a
               false statement to obtain a guaranteed loan from SBA is punishable under
               the law, including under 18 USC 1001 and 3571 by imprisonment of not
               more than five years and/or a fine ofup to $250,000; under 15 USC 645
               by imprisonment of not more than two years and/ or a fine of not more
               than $5,000; and, if submitted to a federally insured institution, under 18
               USC 1014 by imprisonment of not more than thirty years and/or a fine
               of not more than $1,000,000."

      22.     Along with the SBA Form 2483, LUGO executed an electronic PPP

Loan Promissory Note ("Note") with Bank-I on or about May 7, 2020. The email

address "julioenriquelugo@gmail.com" was also identified on the note. In the section

                                             11

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 13 of 32 PageID 13




titled "Use of Proceeds," the Note advised that the "Borrower"-meaning LUGO-

"shall use the proceeds of this loan only for eligible expenses under the terms of the

PPP." It further warned that "[t]he Borrower shall use the funds received under this

Note for business purposes only and not for personal, family or household purposes."

(Emphasis added.) LUGO, however, ignored these warnings.

      23.    Additionally, in the Note, LU GO certified the truth and accuracy of the

information he had provided. Section 12, sub-section 17 of the certification stated:

      I further certify that the information provided in this application and the information
      provided in all supporting documents and forms is true and accurate in all material
      respects. I understand that knowingly making a false statement to obtain a guaranteed
      loan from SBA is punishable under the law, including under 18 USC 1001 and 3571
      by imprisonment of not more than five years and/or a fine ofup to $250,000; under
      15 USC 645 by imprisonment of not more than two years and/ or a fine of not more
      than $5,000; and, if submitted to a federally insured institution, under 18 USC 1014
      by imprisonment of not more than thirty years and/ or a fine of not more than
      $1,000,000.

      24.    This conduct establishes probable cause that LU GO violated multiple

federal criminal statutes, including 18 U.S.C. § 1014.

                      VENANT's Fraudulent PPP Loan Applications

      25.    The ongoing investigation has also revealed that LUGO's wife,

ROSENIDE VENANT, lied on applications seeking SBA-guaranteed funds. Using

one of her known email addresses (i.e., "roselugo3180@gmail.com"), VENANT

electronically submitted at least five fraudulent PPP loan applications for companies

held in her name to federally insured financial institutions as detailed in the following

table. VENANT's loan applications are discussed next.



                                             12

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 14 of 32 PageID 14




                                             On or About    Approx.
      Financial                                                             Associated·
 #                     Comi,any Name :       Application    Amount
     Institution                                                          Email Account(s)
                                                Date'      Disbursed
                    Sisters Compassionate
 1     Bank-2                                 5/6/2020     $101,242    roselugo3 I 80@gmail.com
                       Care LLC (SCC)
                    Rose Garden Recovery                    $60,000
 2     Bank-3                                 4/8/2020                 roselugo3 I 80@gmail.com
                      Living Inc. (RGR)                     (denied)
                    Rose Garden Recovery
 3     Bank-3                                4/24/2020      $40,000    rose1ugo3 I 80@gmail.com
                      Living Inc. (RGR)
                   Diamond Taxes and Multi
 4     Bank-I                                4/20/2020      $40,208    roselugo3180@gmail.com
                     Services Inc. (DTMS)
                   Diamond Taxes and Multi                  $77,303
 5     Bank-I                                4/28/2020                 roselugo3 I 80@gmail.com
                     Services Inc. (DTMS)                   (denied)


                                  Sisters Compassionate Care LLC

       26.      On or about May 6, 2020, VENANT electronically submitted a

fraudulent PPP loan application for Sisters Compassionate Care LLC ("SCC") to

Bank-2, a federally insured financial institution. According to open source research,

SCC is a home health care service with only one Google review. The review, posted

by the user "JULIO LUGO," stated: "the place is a home for any elderly that needs

love an (sic) care." SCC also maintained a website describing residential facilities for

the elderly and disabled.

       27.      VENANT listed the Pinecrest Loop Address as SCC's business address

on documents supporting the application. This address, as noted previously, appeared

on several of the conspirators' fraudulent EIDL/PPP loan applications.

       28.      VENANT served as SCC's "authorized representative" on the PPP loan

application. As such, she certified that SCC "had employees for whom it paid salaries

and payroll taxes." VENANT further advised that, for 2019, SCC's Average Monthly


                                                13

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 15 of 32 PageID 15




Payroll was approximately $40,497.13-or, annualized, $485,965.56. By entering this

substantial figure into the payroll calculator, SCC requested approximately $101,242

in SBA-guaranteed PPP funds. Bank-2 funded the loan on or about May 8, 2020.

         29.       SCC's purported payroll amount, however, required supporting

documentation. Accordingly, VENANT sent Bank-2 a bogus IRS Form 940 for 2019.

The IRS confirmed, however, that SCC had made no filings at all for Tax Year 2019.

Further, SCC had reported no wages to the State of Florida for the same period.

Additionally, the IRS Form 940 that VENANT uploaded had plain badges of fraud,

including a backdated signature. See Excerpt Below.


  Under penalties of perjury. I declare that I have examined this return, Including accompanying schedules and statements, and to the
  best of my knowledge and belief. it is true. correc:t, and complete, and that no part of any payment made to a state unemployment
  fund claimed as a credit was, or is to be, deducted from the payments made to empfoyees. Declaration of preparer (other than
  taxpayer) is based on all information of which preparer has any knowledge.


  Sign your
                                                  ~ v.nn.cs i,y POFf&Sltr
                               1) ~ . VJlf ❖Sl◊4/:?~!~                      ..
                                                                                 Print your I
                                                                                 name here .,_R_O_SE_N_lD_E_V_ENAN_T_ _ _ _ ____,
  name here
                .I________________,I ri::~~~T ....--------------.
                               /L,.J~f vrvJ'
                                                                                            l'--2'_1AN.;,;_AG_ER
                                                                                                              _ _ _ _ _ _ _ __


         Date   I 12, 271 201 ♦                                                  Best daytime phone           Redacted _          ___.


         30.       As reflected above, VENANT manually dated the form "12/27/2019"

while the automated date stamp beside her electronic signature read "05/04/2020,"

only two days before she submitted the PPP loan application to Bank-2.

         31.       VENANT also supplied a purported IRS Form 941 and related payroll

processing records for the first quarter of 2020. A preliminary review of available bank

records for SCC, however, showed no corresponding payroll activity prior to the

coronavirus pandemic. And, again, once the PPP funds were disbursed, SCC issued a

flurry of checks labeled as "payroll" to other conspirators, including LUGO.
                                            14

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 16 of 32 PageID 16




      32.    Finally, VENANT certified that the PPP funds awarded to sec would

"be used to retain workers and maintain payroll or make mortgage payments, lease

payments, and utility payments." VENANT also acknowledged her understanding

that she could be charged with fraud for the knowing use of PPP funds for

unauthorized purposes. The conspirators, however, disregarded these mandates,

including with extensive spending at casinos, large cash withdrawals, and the use of

the EIDL/PPP funds at weight loss centers.

      33.    This conduct establishes probable cause that VENANT violated multiple

federal criminal statutes, including 18 U.S.C. § 1014.

                            Rose Garden Recovery Living Inc.

      34.    VENANT also applied for two PPP loans for Rose Garden Recovery

Living Inc. ("RGR") from Bank-3, a federally insured financial institution. She again

used one of her known email addresses (i.e., "roselugo3180@gmail.com"). According

to its website, RGR offers sober-living housing to recovering addicts. On RGR's PPP

loan applications, VENANT listed the Pinecrest Loop Address as its purported

business location, which, as noted before, appeared on many of the subject fraudulent

PPP and EIDL applications.

      35.    VENANT attempted to secure PPP loan funds for RGR twice. The first

PPP loan application for RGR was submitted on or about April 8, 2020. Notably, that

day, the Lugo Family Companies had collectively applied for at least seven different




                                           15

    Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 17 of 32 PageID 17




    SBA loans using their family members as applicants to request over $600,000 in funds

    using IP-Addresses associated with LUGO and VENANT's house:

                                                                             Onor                 .




       Applicant -                                Associated. Email .        About       EIDL/. Amount
#                     Company Name               ..

                                                                                          ppp·
                                        .,
                                                     Ac~ount(s)            Application          aequested
                                                                             Date
                      Diamond Taxes
                        and Multi
1     Relative #1                             d********2797@gmail.com       4/8/2020     EIDL         $127,500
                       Services Inc.
                         (DTMS)

                                             julioenriquelugo@gmail.com;
2     Julio Lugo           UPV                                              4/8/2020     EIDL          $65,000
                                               rickrose8376@gmail.com

                       Lysal-Central,
       Rosenide                          rosetaxconsultingllc@gmail.com;
3                           Inc.                                            4/8/2020     EIDL          $92,500
        Venant                               roselugo3180@gmail.com
                          (Lysal)

       Rosenide
4                          RGR                rose1ugo3180@gmail.com        4/8/2020     EIDL         $110,000
        Venant


       Rosenide
s       Venant
                           RGR                rose1ugo3180@gmail.com        4/8/2020      PPP          $60,000


                       Rosenide Tax
       Rosenide
6                     Consulting LLC          roselugo3180@gmail.com        4/8/2020     EIDL          $76,800
        Venant
                          {RTC)

       Rosenide
7
        Venant
                           sec                roselugo3180@gmail.com        4/8/2020     EIDL          $79,000


                                                                                         Total:       $610,800

           36.       When Bank-3 denied VENANT's first request for RGR, she tried again

    on April 24, 2020. The second loan attempt was successful. On or about May 1, 2020,

    Bank-3 disbursed $40,000 in PPP funds to RGR's bank account (-0956). Again,

    VENANT had agreed this money would only be used for qualified PPP expenses. A

    review ofRGR's account (-0956) at Bank-3, however, revealed that the funds were

    instead used for other purposes, including large transfers to other Lugo Family

                                                        16

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 18 of 32 PageID 18




Companies. For example, on or about May 4, 2020, UPV received approximately

$12,500 from the RGR Account (-0956). Similarly, on or about June 3, 2020, RGR

wired approximately $17,000 to SCC's account (-3292) at Bank-2.

        37.   Later, the RGR account (-0956) reflected other suspicious activity, such

as large wire transfers from some third-party companies that had submitted EIDL

applications from LUGO's confirmed IP-addresses. For example, on or about July 9,

2020, the RGR account (-0956) received an incoming wire of $48,500 from Company-

I in Indiana. That same week, Company-I had received approximately $150,000

from the SBA based on an EIDL application electronically filed from LUGO and

VENANT's home. Similarly, in July 2020, the RGR account (-0956) received two

incoming wires totaling $43,500 from Company-2. Again, that same month,

Company-2 had received approximately $150,000 from the SBA based on an EIDL

application also sent from LUGO and VENANT's home. Neither EIDL application

disclosed a "preparer" as required by the SBA.

        38.   Finally, in under one month, RGR sought EIDL/PPP funding at least

four times-and each application reported different information for RG R: According

to the fraudulent applications, RGR had anywhere from 5 to 10 employees and at

least 2 different business addresses as set forth on the table below. Notwithstanding,

while the RGR applications asserted upwards of 10 different employees with as much

as $20,000 in payroll per month, it had reported no wages to the State of Florida for

2019.


                                           17

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 19 of 32 PageID 19




   On or About                                                         Reported
                    RGR's Purported      EIDL/       Requested
   Application                           ·PPP·                      Number of RGR
                    Business Address                LoanAm.ount
      Date                                                            Employees

                    Ambersweet Way,
    3/30/2020                             EIDL           $150,000          10
                     Davenport, FL

                    Ambersweet Way,
     4/8/2020                             EIDL           $110,000          5
                     Davenport, FL

                      Pinecrest Loop
     4/8/2020                              PPP           $60,000            7
                      Davenport, FL

                      Pinecrest Loop
    4/24/2020                              PPP           $40,000           6
                      Davenport, FL


      39.    This conduct establishes probable cause that VENANT violated multiple

federal criminal statutes, including 18 U.S.C. § 1014.

                         Diamond Taxes and Multi Services Inc.

      40.    Finally, VENANT also sought PPP funding from Bank-I, •a federally

insured financial institution, for Diamond Taxes and Multi Services Inc. ("DTMS").

In April 2020, she submitted two PPP loan applications for DTMS to Bank-I using

the email account "roselugo3 l 80@gmail.com." Metadata provided by Bank- I

revealed that the fraudulent PPP loan applications were electronically filed from an

IP-Address associated with LUGO and VENANT's home. Ultimately, Bank-I

approved one of the PPP loans, disbursing approximately $40,208 in funds to DTMS

for authorized PPP expenses.

      41.    Like the other Lugo.Family companies that sought PPP funds, DTMS

also appeared to be ineligible. For 2019, DTMS had reported no wages for any

                                           18

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 20 of 32 PageID 20




employees to the State of Florida. Nor had DTMS filed any business or payroll tax

returns for 2019, which were required filings. Given that DTMS is a purported tax-

preparation company, it should be on notice of its IRS filing requirements.

      42.    Further, the dearth of federal and state wage reporting undermines the

legitimacy of supporting documentation that DTMS sent Bank-I as part of its PPP

loan applications. Specifically, VENANT sent a copy of a purported IRS Form W-3

(Transmittal of Wage and Tax Statements) for DTMS with each application. The

IRS, however, has no record of having received a Form W-3 from DTMS. Worse yet,

the Forms W-3 for the DTMS applications did not match. The Forms W-3 reflected

VENANT's electronic signature dated "12/27/2019" with the unique EIN (i.e.,

employer identification number) assigned to DTMS. Notwithstanding, the forms

reflected different purported business addresses as well as different numbers in Box C

(Total Number of Forms W-2) and Box 16 (State wages, tips, etc.). Critically, because

DTMS did not report wages to the IRS or the State of Florida, the figures reported on

either version of the Form W-3 appear to be specious.

      43.    This conduct establishes probable cause that VENANT violated multiple

federal criminal statutes, including 18 U.S.C. § 1014.

                              Background regarding EIDL

      44.    The CARES Act also allowed the SBA to offer EIDL funding to

businesses affected by the coronavirus pandemic. The businesses, importantly, must

have been in operation as of February 1, 2020.


                                           19

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 21 of 32 PageID 21




      45.    EIDL funds came directly from the United States Treasury. The money

was only for certain expenses, such as fixed debts, payroll, accounts payable, and

other bills that could have been paid had the pandemic not occurred. EIDL funds

were not for business expansion or to replace lost sales or profits.

      46.    To have sought EIDL funding, applicants were required to send the SBA

information about their bu·sinesses through an online portal. The required information

included, pertinently, (a) the number of employees as of January 31, 2020 (i.e., the

declared date for the COVID-19 disaster); (b) the gross revenues and the cost of goods

for the business for the twelve months prior to January 31, 2020; (c) the names and

other id~ntifying information regarding all owners (including email address); and (d)

contact information, banking information, and other identifying details for the

business. Applicants were also required to disclose whether, in the last five years, they

had been convicted of a crime (other than a minor vehicle violation) or placed on any

form of probation.

      4 7.   Once the SBA received the EIDL application, an automated evaluation

system would perform various checks, including for duplicate loan requests. Also,

using the operational data provided, the system calculated the amount of EIDL

funding available to the borrower. Should the application not clear the SBA's

automated evaluation, the application's progress would be halted and the applicant

would be notified. The applicant could then work with the SBA for reconsideration.




                                            20

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 22 of 32 PageID 22




       48.    Finally, applicants had to certify that the information provided to the

SBA was true and correct under penalty of perjury. They also had to acknowledge the

below warning regarding civil liability and criminal offenses:

       WARNING: Whoever wrongfully misapplies the proceeds of an SBA disaster
       loan shall be civilly liable to the Administrator in an amount equal to one-and-
       one halftimes the original principal amount of the loan under 15 U.S.C. §636(b),
       In addition, any false statement or misrepresentation to SBA may result in
       criminal, civil or administrative sanctions including, but not limited to: 1) fines
       and imprisonment, or both, under 15 U.S.C 645, 18 U.S.C. 1001, 18 U.S.C.
       1014, 18 U.S.C 1040, 18 U.S.C. 3571, and any other applicable laws; 2) treble
       damages and civil penalties under the False Claims Act, 31 U.S.C. 3729; 3)
       double damages and civil penalties under the Program Fraud Civil Remedies
       Act, 31 U.S.C. 3802; and 4) suspension and/or debarment from all Federal
       procurement and non-procurement transactions. Statutory fines may increase if
       amended by the Federal Civil Penalties Inflation Adjustment Act Improvements
       Act of 2015.

                           The Conspirators' Fraudulent EIDL Loans

      49.     From March 2020 through August 2020, the SBA traced approximately

70 fraudulent EIDL applications back to LUGO and VENANT's confirmed IP-

addresses. The EIDL applications sought at least $5.8 million from the SBA.

       50.    The Lugo Family's Companies accounted for at least 19 of these EIDL

applications, as identified below. The conspirators' EIDL applications-which had

been filed from IP-Addresses assigned to LUGO and VENANT's home-sought over

$2.2 million from the SBA, resulting in at least $1. 3 million of theft. As detailed in the

following sections, the Lugo Family Companies and their EIDL applications reflected

numerous badges of fraud, including that none had reported wages to the State of

Florida for 2019. Based on these acts, as described below, probable cause exists to

believe that LUGO, VENANT, and their conspirators committed additional overt

                                               21

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 23 of 32 PageID 23




acts, in violation of 18 U.S.C. § 371 (conspiracy to defraud the SBA), with regard to

the respective EIDL applications below:

                                                         On or Ab9ut Date of            Amount,
   #     Applicant            Co1:11-pany J~ame-
                                                          EiDL Appli~a1:fon . ·.. Bold   if Approved.
                                                                                     ,·· .  ,  ..   ·,

                      Diamond Taxes and Multi Services
    1   Relative #1                                           3/29/2020                $127,500
                               Inc. (DTMS)

                       Universal Property Vision LLC
    2      Lugo                                               3/29/2020                $92,000
                                   (UPV)

                             Lysal-Central, Inc.
    3     Venant                                              3/29/2020                $150,000
                                  (Lysal)

    4     Venant        Rosenide Tax C~sulting LLC
                                                              3/29/2020                $150,000
                                   (RT

                       Sisters Compassionate Care LLC
    5     Venant                                              3/29/2020                $82,500
                                   (SCC)

                        Rose Garden Recovery Living
   6      Venant                                              3/30/2020                $150,000
                               LLC(RGR)

                      Diamond Taxes and Multi Services
    7   Relative #1                                            4/8/2020                $127,500
                               Inc. (DTMS)

                       Universal Property Vision LLC
    8      Lugo                                                4/8/2020                 $65,000
                                   (UPV)

                             Lysal-Central, Inc.
    9     Venant                                               4/8/2020                 $92,500
                                   (Lysal)

                        Rose Garden Recovery Living
   10     Venant                                               4/8/2020                $110,000
                               LLC(RGR)

                        Rosenide Tax Consulting LLC
   11     Venant                                               4/8/2020                 $76,800
                                   (RTC)

                       Sisters Compassionate Care LLC
   12     Venant                                               4/8/2020                 $79,000
                                   (SCC)

                        H & C Mortgage Investments
   13   Relative #3                                           6/16/2020                $121,500
                            Realty Inc. (HCM)

                        Facerick Entertainment LLC
   14      Lugo                                               6/16/2020                $105,000
                                 (Facerick)

                      H & C Community Development,
   15   Relative #4                                           6/22/2020                $120,300
                               Inc. (HCC)

                                                   22

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 24 of 32 PageID 24




                             Western Shores Mortgage
   16       Relative #4                                         6/22/2020             $129,600
                                 Investment, Inc.

                          The Number One Tax Specialist
   17       Relative #2                                         7/13/2020             $144,700
                                 LLC(NOTS)

                          Consumer Dispute Services LLC
   18       Relative #1                                         7/24/2020             $145,700
                                    (CDS) 7

                           Rose Compassionate Care LLC
   19       Relative #2                                         7/27/2020             $150,000
                                     (RCC)


                          Operational Status ofthe Lugo Family Companies

        51.      To qualify for EIDL funds, as detailed earlier, the business must have

been in operation as of February 1, 2020. Further, applicants were required to

disclose, among other information, the number of employees it had as of January 31,

2020, along with the gross revenues and costs of goods for the twelve months prior to

that date. Here, as to number of employees per company, the conspirators claimed

that the Lugo Family Companies had anywhere between 5 and 28 employees, with a

median of 10 employees. These assertions appear specious, however, as the

companies had reported no payroll to the State of Florida for 2019.

        52.      Additionally, the IRS has provided research regarding the 2019 tax

filings for a subset of the Lugo Family Companies, namely, SCC, Rosenide Tax

Consulting ("RTC"), and Diamond Taxes and Multi Services Inc. ("DTMS"). The



        7
         Only one EIDL application on the above table traced back to an alternate IP Address.
Specifically, the EIDL appH~ation for Consumer Dispute Services LLC ("CDS") was filed from the
IP Address 98.21.160.188, which resolved back to a hotel in Indiana where LUGO held a confirmed
reservation on or about the date of application, i.e., July 24, 2020. As detailed herein, CDS was only
established as a registered Florida corporation in Relative #1 's name on or about July 12, 2020-
meaning approximately 12 days before seeking EIDL funds.

                                                 23

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 25 of 32 PageID 25




research revealed that, for 2019, these companies had not filed payroll tax returns-or

any tax returns for that matter. The failure to file was particularly egregious here as

VENANT has training in tax preparation. And, further, DTMS and RTC were

purported to be companies specialized in tax preparation.

       53.      In addition to the dearth of state and federal payroll reporting, the

conspirators' EIDL applications were even facially fraudulent as to their purported

personnel. As the above table reflects, the conspirators submitted multiple EIDL

applications for nearly half of the Lugo Family Companies, including UPV, SCC,

RGR, DTMS, and Lysal-Central, Inc. ("Lysal"). Each respective company's EIDL

applications reflected inconsistent responses to Question 33, which asks for the

"Number of Employees (As of January 31 , 2020)." The applications also reported

varying figures for gross revenues (Question 14) and the cost of goods (Question 15).

Each company's responses should have been uniform as the EIDL application seeks

information relative to a fixed d~te (i.e., January 31, 2020). N ot once were the

responses consistent across multiple EIDL applications, as reflected below:

                                  On or About             #of        Gross
        Company Name                                                           Costs of Goods
                                Application Date        Employees   Revenues
   Diamond Taxes and Multi         3/29/2020               10       $350,000       $75,000
     Services Inc. (DTMS)          4/ 8/ 2020              15       $285,000      $114,000
       Lysal-Centra l, Inc.        3/29/2020               26       $750,000      $125,000
            (Lysal)                4/ 8/2020               28       $350,000      $145,000
  Rose Garden Recovery Living      3/30/2020               10       $695,000      $205,200
          LLC(RGR)                 4/ 8/2020                5       $350,000      $120,000
  Rosenide Tax Consulting LLC      3/29/ 2020               6       $450,000      $150,000
             (RTC)                 4/ 8/2020               10       $275,000      $102,000
   Sisters Compassionate Care      3/29/ 2020               6       $265,000      $100,000
            LLC (SCC)              4/8/2020                 8       $279,000      $105,000
                                   3/29/ 2020               8       $275,000       $75,000
                                                   24

 Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 26 of 32 PageID 26




    . Universal Property Vision     4/8/2020             5       $250,000         $110,000

        54.      Furthermore, as detailed earlier, EIDL eligibility required that the

 business was in operation as of February 1, 2020. The bank account and corporate

 registration histories for some of the Lugo Family Companies support that the

 companies were not operating then:

                  Onor ·                                                                      ..
               ···About                              Corporate llegistration and/ or
CompanyN~e . ·
               Application                             · ·Bank·Account.mstory
                   Date
                                   CDS registered on or about 7/12/2020, i.e., 12 days before its
Consumer Dispute                   EIDL application. On 7/24/2020, i.e., the date of application,
  Services LLC         7/24/2020   Relative #1 opened CDS Account-4812 at Bank-I, where she
     (CDS)                         received EIDL funds.

   Facerick                        Facerick registered in 2010; remained in "inactive" status since
 Entertainment         6/16/2020   2012. Facerick's EIDL application listed LUGO's UPV Account
 LLC (Facerick)                    -6251 at Bank-2 for receipt of SBA funds.

     H&C                           Relative #4 amended HCC's corporate registration on or about
  Community                        6122/2020 (i.e., the application date) to remove other officers.
                       6/22/2020   That same day, Relative #4 opened an HCC Account-0447 at
Development, Inc.
     (HCC)                         Bank-I, where he received EIDL funds.

      Rose                         VENANT voluntarily dissolved RCC in 2018. RCC's corporate
 Compassionate         7/27/2020   registration reinstated in Relative #2's name on or about
Care LLC (RCC)                     7/13/2020, i.e., two weeks before EIDL application.
                                   NOTS registration went inactive in 2015. On or about
The Number One                     7I 1212020 (i.e., the day before the application), NOTS was
 Tax Specialist        7/13/2020   reinstated in Relative #2's name. The next day, Bank-1 account
 LLC{NOTS)                         (-5287) was opened for NOTS using Relative #2 as signor.
                                   WSM's corporate registration went inactive in 2013. On or about
 Western Shores
                                   6/22/2020 (i.e., the application date), Relative #4 reinstated
    Mortgage
                       6/22/2020   WSM. He also opened WSM's bank account (-6110) at Bank-I,
 Investment, Inc.
     (WSM)                         where he received EIDL funds.




                                                25

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 27 of 32 PageID 27




      55.    For example, as described above, the corporate registration for NOTS

expired in 2015. Back then, LUGO had used NOTS, a purported tax-preparation

business, to commit tax fraud related to his 2015 federal conviction. Despite having

used the entity to pursue criminal activity, the conspirators reinstated NOTS as a

Florida corporation on July 12, 2020-meaning one day before they submitted its

EIDL application. The Sunbiz registration for NOTS identified only one individual as

an owner or manager (i.e., Relative #2). The next day (i.e., the EIDL application

date), Relative #2 opened a bank account for NOTS (-5287) at Bank-I. The timing of

certain corporate registrations and account openings in relation to the EIDL

applications supports that the conspirators used and established these entities to

defraud the SBA's EIDL program. This pattern establishes probable cause for, among

other violations, 18 U.S.C. § 371.

      56.    Finally, as noted previously, applicants were required to disclose

whether, in the last five years, they had been convicted of a crime or placed on any

form of probation. As he did on the PPP loan applications, LUGO again concealed

his supervised release status when he sought EIDL funds from the SBA for Facerick

and UPV.

      57.    The acts described above establishes probable cause to believe that

LUGO and VENANT violated 18 U.S.C. §§ 371 (conspiracy to defraud the SBA).




                                           26

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 28 of 32 PageID 28




                     Use ofFraudulent EIDL Funds to Purchase BMW

      58.    According to purchase documents, on or about May 19, 2020,

VENANT and Relative #1, purchased a 2017 BMW from a dealership in Hollywood,

Florida. The purchase price for the vehicle was $51,055. At the time of the purchase,

VENANT and Relative # 1 financed a total of approximately $54,595 with a lender.

As will be detailed below, a majority of this loan was later paid off with fraudulently

obtained EIDL funds.

      59.     According to records obtained from the lender, VENANT and Relative

#1 were co-applicants on loan account number 62062722847831001 (Loan 1001),

which was used to purchase the BMW in May 2020. While there were a few smaller

payments made towards Loan 1001, the largest payment was a $47,000 wire on June

26, 2020, from LUGO's UPV bank account (-6251) at Bank-2. This wire was funded

just days before with fraudulently obtained EIDL proceeds.

      60.    As detailed above, on or about June 16, 2020, LUGO had submitted an

EIDL application on behalf of Facerick Entertainment, LLC, seeking approximately

$105,000 (the "Facerick SBA EIDL"). Facerick was formed and registered in 2010;

however, according to corporate filings, it has remained in "inactive" status since

2012. Facerick's SBA EIDL application listed UPV Account-6251 for receipt of the

SBA funds.




                                           27

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 29 of 32 PageID 29




       61.    According to account records, UPV Account -6251 was opened on or

about December 21, 2018, by LUGO, and is held in the name of UPV. LUGO is the

sole signatory on the account.

       62.    On June 22, 2020, UPV Account-6251 had a balance of approximately

$1,324.44. On or about June 23, 2020, $104,900 from the Facerick SBA EIDL was

deposited into UPV Account-6251, leaving a balance of$106,224.44.

      63.     Immediately following the Facerick SBA EIDL deposit, on June 23,

2020, there were two outgoing Zelle transfers totaling $6,000. On June 24, 2020, there

was an unexplained counter credit of $15,000 to the account, leaving a balance of

$115,224.44. On June 26, 2020, $47,0008 was transferred from UPV Account -6251 to

Loan 1001 to pay down the balance owed. According to the loan documents, Loan

1001 was ultimately paid off in or around August 2020.

      64.     Because the June 24, 2020 wire that substantially satisfied Loan 1001

involved more than $10,000 in criminally derived funds, LUGO made this

transaction in violation of 18 U.S.C. § 1957.




       8 Even assuming,     arguendo, that the unexplained June 23, 2020 counter credit of$15,000 to
UPV Account 6251 came from untainted sources, those funds would not have been sufficient, on
their own, to fund the $47,000 wire to Loan 1001 on June 24, 2020. Therefore, at least $32,000 of
this wire is traceable to the proceeds of the fraudulently obtained Facerick SBA EIDL.
                                                 28

Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 30 of 32 PageID 30



                                   CONCLUSION

      Based on the foregoing facts, probable cause exists to believe that, from at

least in or around March 2020, through and including August 2020, JULIO

ENRIQUE LUGO (a/k/a "Rick Williams") and ROSENIDE VENANT (a/k/a

"Rose Lugo") violated 18 U.S.C. §§ 371 (conspiracy to defraud the SBA) and 1014

(false statements to a lending institution). Further, probable cause exists to believe

that, on or about June 24, 2020, LUGO violated 18 U.S.C. § 1957 (illegal monetary

transactions).

      FURTHER AFFIANT SAYETH NAUGHT.




Sworn to by the applicant in accordance with         )
the requirements of Fed. R. Crim. P. 4.1 and t..lltAi
~ via telephone this ~          day of
March 2021.



~~ -~
 ~ DAA.SASONE
United States Magistrate Judge




                                           29

     Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 31 of 32 PageID 31




                     Appendix 1: Lugo Family Companies' SBA Loans


"#     Applicant ·       Company Name
                                                   On or About      EIDL/   Amount,
                                                                                        Approved?
                                                 Application Date    PPP    Requested

                         H & C Mortgage
1      Relative #3    Investments Realty Inc.       6/16/2020       EIDL    $121,500      Yes
                             (HCM)

                     Consumer Dispute Services
2      Relative #1                                  7/24/2020       EIDL    $145,700      Yes
                           LLC(CDS)


                     Diamond Taxes and Multi
3      Relative #1                                  3/29/2020       EIDL    $127,500      Yes
                       Services Inc. {DTMS)


                     Diamond Taxes and Multi
4      Relative #1                                  4/8/2020        EIDL    $127,500       No
                       Services Inc. {DTMS)


                       H & C Community
5      Relative #4                                  6/22/2020       EIDL    $120,300      Yes
                     Development, Inc. (HCC)


                     Western Shores Mortgage
6      Relative #4                                  6/22/2020       EIDL    $129,600      Yes
                         Investment, Inc.


                     Rose Compassionate Care
7      Relative #2                                  7/27/2020       EIDL    $150,000      Yes
                           LLC(RCC)


                      The Number One Tax
8      Relative #2                                  7/13/2020       EIDL    $144,700       Yes
                      Specialist LLC (NOTS)

                      Facerick Entertainment
9      Julio Lugo              LLC                  6/16/2020       EIDL    $105,000       Yes
                            (Facerick)

                     Universal Property Vision
10     Julio Lugo                                   3/29/2020       EIDL     $92,000       Yes
                           LLC(UPV)


                     Universal Property Vision
11     Julio Lugo                                   4/8/2020        EIDL     $65,000       No
                           LLC(UPV)


                     Universal Property Vision
12     Julio Lugo                                   4/20/2020        PPP     $59,485       Yes
                           LLC(UPV)




                                                   30

     Case 8:21-mj-01295-AAS Document 1 Filed 03/26/21 Page 32 of 32 PageID 32




        Rosenide   Diamond Taxes and Multi
13                                              4/20/2020         PPP        $40,208     Yes
         Venant      Services Inc. (DTMS)


        Rosenide   Diamond Taxes and Multi
14                                              4/28/2020         PPP        $77,303     No
         Venant      Services Inc. (DTMS)


        Rosenide       Lysal-Central, Inc.
15                                              3/29/2020        EIDL       $150,000     No
         Venant              (Lysal)


        Rosenide       Lysal-Central, Inc.
16                                              4/8/2020         EIDL        $92,500     No
         Venant             (Lysal)


        Rosenide     Rose Garden Recovery
17                                              3/30/2020        EIDL       $150,000     No
         Venant       Living LLC (RGR)


        Rosenide     Rose Garden Recovery
18                                              4/8/2020         EIDL       $110,000     No
         Venant       Living LLC (RGR)


        Rosenide     Rose Garden Recovery
19
         Venant       Living LLC (RGR)
                                                4/8/2020          PPP        $60,000     No


        Rosenide     Rose Garden Recovery
20       Venant       Living LLC (RGR)
                                                4/24/2020         PPP        $40,000     Yes


        Rosenide    Rosenide Tax Consulting
21                                              3/29/2020        EIDL       $150,000     Yes
         Venant           LLC (RTC)


        Rosenide    Rosenide Tax Consulting
22                                              4/8/2020         EIDL        $76,800     No
         Venant           LLC(RTC)


        Rosenide   Sisters Compassionate Care
23                                              3/29/2020        EIDL        $82,500     Yes
         Venant             LLC(SCC)


        Rosenide   Sisters Compassionate Care
24                                              4/8/2020         EIDL        $79,000     No
         Venant             LLC(SCC)


        Rosenide   Sisters Compassionate Care
25
         Venant             LLC(SCC)
                                                 5/6/2020         PPP       $101,242     Yes


                                                 Total Attempted Amount:    $2,597,838
                                                     Total Funded Amount:   $1,609,735


                                                31

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