United States v. Sean Patrick Boyd, Jr. — S.D. W. Va., No. 2:23-cr-00123

Case summary

Sean Patrick Boyd Jr. was charged in the U.S. District Court for the Southern District of West Virginia with receiving stolen money. The indictment, filed August 1, 2023, alleged that he received Paycheck Protection Program loan proceeds he knew had been obtained through a fraudulent scheme. In the stipulation of facts attached to his plea agreement, Boyd agreed that on or about April 18, 2021 he sent his personal and banking information to a third party. That person submitted a PPP application on his behalf that falsely claimed $99,996.00 in 2019 gross income for “Sean Boyd,” a fictitious business. A Nebraska lender sent $20,832.00 to his bank account on or about May 24, 2021. He withdrew $10,000 that day; three days earlier the account had held $12.47. He pleaded guilty, and on February 21, 2024 the court sentenced him to five years of probation and $23,817.79 in restitution to the Small Business Administration.

Case at a glance

Forfeited money covered $6,590 of the restitution

An order of January 23, 2024 granted joint motions to apply about $6,590.00 from an administrative forfeiture to restitution and to hold it in the court registry. The judgment applies that sum and leaves $17,227.79 due, payable at not less than $100 a month.

Restitution is $2,985.79 more than the loan

Boyd agreed in the plea agreement to owe $23,817.79. His sentencing memorandum says that amount includes a processing fee and interest.

Both sides pointed to a range of zero to six months

The defense memorandum cites an advisory guideline range of zero to six months and asks for probation. The government asked for a sentence within the guidelines range, which it put at 0 to 6 months of imprisonment.