Criminal complaint — U.S. v. Shibley

Record facts

U.S. District Court, Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 1 · 2020-06-29 · Docket on CourtListener

Full text

COMPLAINT/United States v. Eric Shibley - 1 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Magistrate Judge Michelle L. Peterson 
UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
UNITED STATES OF AMERICA, 
Plaintiff 
v. 
ERIC SHIBLEY, 
       Defendant. 
CASE NO.  
COMPLAINT for VIOLATIONS OF 
Title 18, United States Code, Sections 2, 
1343, & 1344(2)  
BEFORE, Michelle L. Peterson, United States Magistrate Judge, U. S. Courthouse, 
Seattle, Washington. 
The undersigned complainant being duly sworn states: 
COUNT ONE 
(Wire Fraud) 
From in or around April 2020 through in or around June 2020, at Seattle, in the 
Western District of Washington and elsewhere, ERIC SHIBLEY, the defendant, 
knowingly devised and intended to devise a scheme and artifice to defraud the United 
States, and to obtain money and property by means of false and fraudulent pretenses, 
representations and promises, and attempted to do so. 
A. Manner and Means
1.
It was part of the scheme to defraud that SHIBLEY submitted false and
MJ20-385
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 1 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 2 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
misleading loan applications to various financial institutions in order to obtain millions of 
dollars in funds related to the Paycheck Protection Program and Economic Injury Disaster 
Loan program. 
2. 
It was further part of the scheme to defraud that SHIBLEY submitted a loan 
application to Financial Institution 1 seeking more than $560,000 in funds under the 
Paycheck Protection Program on behalf of Dituri Construction LLC. 
3. 
SHIBLEY included in the loan application multiple material false 
statements, including, but not limited to: 
a. 
That, as of February 15, 2020, Dituri Construction LLC was in 
operation and had employees for which it paid unemployment taxes or independent 
contractors for which it provided MISC-1099s; 
b. 
That Dituri Construction LLC had monthly payroll expenses of 
$225,400; and 
c. That SHIBLEY was not currently on probation. 
B. Execution 
On or about April 30, 2020, at Seattle, in the Western District of Washington and 
elsewhere, SHIBLEY, for the purpose of executing the scheme described above transmitted 
and caused to be transmitted by means of wire, radio, and television communication in 
interstate and foreign commerce, writings, signs, signals, pictures, and sounds for the 
purpose of executing such scheme and artifice, to wit, the transmission of a Paycheck 
Protection Program loan application on behalf of Dituri Construction LLC from the 
Western District of Washington to Financial Institution 1’s servers in Utah. 
All in violation of Title 18, United States Code, Sections 1343 and 2. 
COUNT TWO 
(Bank Fraud) 
From in or around April 2020 through in or around June 2020, at Seattle, in the 
Western District of Washington and elsewhere, SHIBLEY, the defendant, knowingly 
executed, and attempted to execute, a scheme to obtain monies owned and under the care, 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 2 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 3 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
custody, and control of Financial Institution 1, a federally insured financial institution as 
defined by Title 18, United States Code, Section 20, by means of false and fraudulent 
pretenses, representations, and promises. 
A. Manner and Means 
1. 
It was part of the scheme to defraud that SHIBLEY submitted a loan 
application to Financial Institution 1 seeking more than $560,000 in funds under the 
Paycheck Protection Program on behalf of Dituri Construction LLC. 
2. 
SHIBLEY included in the loan application multiple material false 
statements, including, but not limited to: 
a. 
That, as of February 15, 2020, Dituri Construction LLC was in 
operation and had employees for which it paid unemployment taxes or independent 
contractors for which it provided MISC-1099s; 
b. 
That Dituri Construction LLC had monthly payroll expenses of 
$225,400; and 
c. That SHIBLEY was not currently on probation. 
B. Execution 
On or about April 30, 2020, at Seattle, in the Western District of Washington and 
elsewhere, SHIBLEY submitted a loan application in the name of Dituri Construction LLC 
to Financial Institution 1, and that loan application contained materially false statements. 
All in violation of Title 18, United States Code, Sections 1344 and 2. 
And the complainant states that this Complaint is based on the following 
information: 
I, KATHLEEN MORAN, being first duly sworn on oath, depose and say: 
1. 
I am a Special Agent of the Federal Bureau of Investigation 
(“FBI”) currently assigned to the white-collar crime squad in the Seattle Field Division.  I 
have been employed as a Special Agent of the FBI since May 2005.   I have received basic 
federal law enforcement training, including the training at the FBI Academy, as well as 
other specialized federal law enforcement training.  I have investigated violations of federal 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 3 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 4 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
statutes governing various types of white-collar crime, including wire fraud, mail fraud, 
bank fraud, securities fraud, money laundering, and theft of government and public money.  
I have been a sworn law enforcement officer during all times herein. 
2. 
The information contained in this Complaint is the result of my own 
investigation as well as information provided to me by others, including other investigators 
and law enforcement officers.  In each instance when I recite information from such others, 
I have gained that information either by talking directly to such investigators and law 
enforcement officers or reviewing written reports of their investigation, or both.  This 
Complaint accurately summarizes some of the evidence I discovered during my 
investigation; it does not, however, contain every detail known to me about the 
investigation. 
FACTS ESTABLISHING PROBABLE CAUSE 
The Paycheck Protection Program 
3. 
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a 
federal law enacted in or around March 2020 and designed to provide emergency financial 
assistance to the millions of Americans who are suffering the economic effects caused by 
the COVID-19 pandemic.  One source of relief provided by the CARES Act was the 
authorization of up to $349 billion in forgivable loans to small businesses for job retention 
and certain other expenses, through a program referred to as the Paycheck Protection 
Program (“PPP”).  In or around April 2020, Congress authorized over $300 billion in 
additional PPP funding. 
4. 
In order to obtain a PPP loan, a qualifying business must submit a PPP loan 
application, which is signed by an authorized representative of the business.  The PPP loan 
application requires the business (through its authorized representative) to acknowledge 
the program rules and make certain affirmative certifications in order to be eligible to 
obtain the PPP loan.  In the PPP loan application, the small business (through its authorized 
representative) must state, among other things, its: (a) average monthly payroll expenses; 
and (b) number of employees.  These figures are used to calculate the amount of money 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 4 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 5 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
the small business is eligible to receive under the PPP.  In addition, businesses applying 
for a PPP loan must provide documentation showing their payroll expenses.   
5. 
A PPP loan application must be processed by a participating financial 
institution (the lender).  If a PPP loan application is approved, the participating financial 
institution funds the PPP loan using its own monies, which are 100% guaranteed by Small 
Business Administration (SBA).  Data from the application, including information about 
the borrower, the total amount of the loan, and the listed number of employees, is 
transmitted by the lender to the SBA in the course of processing the loan.    
6. 
PPP loan proceeds must be used by the business on certain permissible 
expenses—payroll costs, interest on mortgages, rent, and utilities.  The PPP allows the 
interest and principal on the PPP loan to be entirely forgiven if the business spends the loan 
proceeds on these expense items within a designated period of time and uses a certain 
percentage of the PPP loan proceeds on payroll expenses. 
The Economic Injury Disaster Relief Program 
7. 
The Economic Injury Disaster Loan (“EIDL”) program is a U.S. Small 
Business Administration (“SBA”) program that provides low-interest financing to small 
businesses, renters, and homeowners in regions affected by declared disasters. 
8. 
The CARES Act also authorizes the SBA to provide EIDLs of up to $2 
million to eligible small businesses experiencing substantial financial disruption due to the 
COVID-19 pandemic.  In addition, the CARES Act authorized the SBA to issue advances 
of up to $10,000 to small businesses within three days of applying for an EIDL.  The 
amount of the advance is determined by the number of employees the applicant certifies 
having.  The advances do not have to be repaid. 
9. 
In order to obtain an EIDL and advance, a qualifying business must submit 
an application to the SBA and provide information about its operations, such as the number 
of employees, gross revenues for the 12-month period preceding the disaster, and cost of 
goods sold in the 12-month period preceding the disaster.  In the case of EIDLs for COVID-
19 relief, the 12-month period was that preceding January 31, 2020.  The applicant must 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 5 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 6 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
also certify that all of the information in the application is true and correct to the best of 
the applicant’s knowledge. 
10. 
EIDL applications are submitted directly to the SBA and processed by the 
agency with support from a government contractor, Rapid Finance.  The amount of the 
loan, if the application is approved, is determined based, in part, on the information 
provided by the application about employment, revenue, and cost of goods, as described 
above.  Any funds issued under an EIDL or advance are issued directly by the SBA.  EIDL 
funds can be used for payroll expenses, sick leave, production costs, and business 
obligations, such as debts, rent, and mortgage payments.  If the applicant also obtains a 
loan under the PPP, the EIDL funds cannot be used for the same purpose as the PPP funds. 
SHIBLEY and Individual 1 
11. 
SHIBLEY is a citizen of the United States.  According to public records, 
SHIBLEY is a medical doctor.  According to records available on the Washington State 
Department of Health website, the status of SHIBLEY’s license to practice medicine is 
identified as “summary restriction” due to allegations of unprofessional conduct. 
According to information obtained in the investigation, SHIBLEY’s office address is 
located in Seattle, Washington (“the SHIBLEY Address”).  The investigation has revealed 
that SHIBLEY appears to reside, at least some of the time, at this address as well.   
a. 
According to records from the Anacortes Municipal Court, located in 
Anacortes, Washington, SHIBLEY pled guilty to a Violation of a No Contact Order, a 
criminal misdemeanor under Washington State law, on December 13, 2018 and was 
sentenced to a jail term of 364 days, with 334 days suspended, a $5,000 fine, and two years’ 
probation.1   The case number is AC17582.  SHIBLEY is currently on probation until 
December 13, 2020.  An agent spoke with SHIBLEY’s Probation Officer on or about May 
26, 2020, and she confirmed SHIBLEY remains on probation through December 13, 2020. 
                                              
1 According to SHIBLEY’s Probation Officer, SHIBLEY was allowed to serve the 30 days 
that was not suspended on Electronic Home Monitoring. 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 6 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 7 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
b. 
According to information obtained from SHIBLEY’s Probation Officer, 
SHIBLEY last met with her on or about January 23, 2020.  Further, he was supposed to 
report to her on or about March 9, 2020 but did not do so.  On or about May 13, 2019, 
SHIBLEY signed a document which noted his probation did not terminate until December 
2020. 
c. 
According to information received from the Washington State Employment 
Security Department (“WA ESD”), SHIBLEY applied for unemployment benefits on or 
about April 21, 2020, under a provision of the CARES Act that provides for unemployment 
benefits for independent contractors or self-employed individuals whose work has been 
affected by the COVID-19 public health emergency, who may not be eligible otherwise for 
state unemployment.  SHIBLEY received unemployment benefits in the form of weekly 
payments covering the weeks from on or about March 7, 2020 through at least on or about 
May 16, 2020. 
12. 
Individual 1 is a resident of Seattle, Washington.  According to Washington 
state records, on or about October 22, 2019, Individual 1 was charged in Washington State 
on state felony drug charges.  Individual 1 was arrested on or about April 21, 2020, for 
failing to appear in the pending case that resulted from the October 2019 charges. 
Internet and Phone Records 
13. 
Records obtained from Comcast show that a subscriber by the name of 
Shibley Medical was assigned an IPv4 address and an IPv6 address (“the SHIBLEY IP 
Address”).2  Records from Comcast show that the subscription address was the SHIBLEY 
Address. 
14. 
Phone Number 1 is listed as the contact number on the Shibley Medical 
                                              
2 There are two (2) types of IP addresses commonly used by ISPs: IP version 4  (“IPv4”) 
and IP version 6 (“IPv6”).  It is common to have an Internet Service Provider (“ISP”) assign 
both IPv4 and IPv6 to the same subscriber, and as a result, ISPs may provide a single 
subscriber an IPv4 address and an IPv6 address.  For ease of reference, I refer to these 
collectively as the SHIBLEY IP Address   
 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 7 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 8 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
website (www.shibley-medical.com), which is the website for SHIBLEY’S medical 
practice.  The website lists the office address as the SHIBLEY Address, the same address 
used on SHIBLEY’s driver’s license.  The government has obtained records related to 
Phone Number 1.  Subscriber records show that the number is a Comcast provided number.  
The Subscriber is Shibley Medical and the address for the account is the SHIBLEY 
Address.  
Dituri Construction LLC and Related Entities 
15. 
On or about January 9, 2020, an EIN ending in 8508 was obtained from the 
Internal Revenue Service (“IRS”), for Dituri Construction LLC.  The business address 
provided at the time of application for the EIN assignment was an address in Seattle, 
Washington later identified as the residence of Individual 1.  The EIN was requested by an 
individual using the Social Security Number of Individual 1.   
16. 
According to records from the WA SOS, on or about April 30, 2020—nine 
days after Individual 1’s arrest for failure to appear—documents were filed with the WA 
SOS purporting to transfer ownership of Dituri Construction LLC to SHIBLEY.  A new 
Operating Agreement was filed with the WA SOS, purportedly dated January 7, 2020, and 
signed by Individual 1 and SHIBLEY.  The Operating Agreement stated that SHIBLEY 
owned 90 percent of the company, while Individual 1 owned 10 percent.  Separately, the 
government has obtained a copy of what purports to be the “Purchase Agreement” between 
SHIBLEY and Individual 1 for the sale of Dituri Construction, LLC, in which SHIBLEY 
purported to buy an ownership interest in exchange for a sale price of $10.00.  The Purchase 
Agreement’s listed execution date is on or about May 9, 2020. 
17. 
Records from two U.S. financial institutions show that after SHIBLEY 
purported to acquire Dituri Construction LLC, he opened several bank accounts in the 
name of the entity.  On or about April 30, 2020, SHIBLEY opened two accounts in the 
name of Dituri Construction LLC at Financial Institution 2.  On or about June 3, 2020, 
SHIBLEY opened three accounts in the name of Dituri Construction LLC at Financial 
Institution 3. 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 8 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 9 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
18. 
IRS records show that on or about May 28, 2020, an EIN ending in 8667 
was obtained from the IRS on behalf of a purported entity called Dituri Construction 
(without an “LLC” or any other corporate identifier at the end of the name).  The business 
address provided at the time of application was the SHIBLEY Address.  Similarly, records 
from the IRS and the internet provider Comcast show that the IP address used to apply for 
the EIN was the SHIBLEY IP Address. 
19. 
IRS records show that on or about May 29, 2020, an EIN ending in 1739 
was obtained from the IRS on behalf of a purported entity called “Thomas Dituri 
Construction.”  According to records provided by the IRS and Comcast, the EIN was 
requested from the SHIBLEY IP Address.   
Fraudulent PPP Loan Application Submitted to Financial Institution 1  
for Dituri Construction LLC 
20. 
Financial Institution 1 is a federally insured bank headquartered in Salt 
Lake City, Utah.  Financial Institution 1 is an SBA Approved Lender and has participated 
as a PPP lender to small businesses.  Financial Institution 1’s servers are located in Utah.  
21. 
According to records provided by Financial Institution 1, on or about April 
30, 2020, SHIBLEY digitally signed and submitted an application package in support of a 
$563,500 PPP loan for Dituri Construction LLC.  (The date of submission was the same 
date as the purported transfer of a 90 percent ownership interest in Dituri Construction LLC 
from Individual 1 to SHIBLEY).  According to records provided by Financial Institution 
1, the final loan application package was submitted from the SHIBLEY IP Address. 
22. 
Financial Institution 1 provided the government the SBA Form 2483 
submitted with Dituri Construction LLC’s PPP loan application and bearing a signature in 
SHIBLEY’s name.  The application identified SHIBLEY as a 90 percent owner of the 
business, the SHIBLEY Address as the business address, and Phone Number 1 as the 
business phone number.  The application did not identify who owned the remaining 10 
percent of the entity. 
23. 
The Form 2483 submitted to Financial Institution 1 represented that Dituri 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 9 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 10 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Construction LLC had an average monthly payroll of $225,400 and 49 employees.  With 
the application, SHIBLEY submitted what purported to be an IRS Form 941, Employer’s 
Quarterly Federal Tax Return, for Dituri Construction LLC for the first quarter of 2020.  
According to the form, between January and March 2020, Dituri Construction LLC paid 
$392,000 in wages to 49 employees and withheld no federal income taxes from those 
wages.  The form purported to report that Dituri Construction LLC owed $59,976 in federal 
employment related taxes for the first quarter of 2020.  The form purports to be signed by 
SHIBLEY and is dated April 28, 2020, two days before SHIBLEY submitted a PPP loan 
application for Dituri Construction LLC. 
24. 
SHIBLEY made several false certifications in support of the loan application 
for Dituri Construction LLC: 
a. 
For example, SHIBLEY answered “no,” and initialed by the response, to 
Question 5 on the application: “Is the Applicant (if an individual) or any individual owning 
20 percent or more of the equity of the Applicant subject to an indictment, criminal 
information, arraignment, or other means by which formal criminal charges are brought in 
any jurisdiction, or presently incarcerated, or on probation or parole.”  (The application 
notes that “If questions (5) or (6) are answered ‘Yes,’ the loan will not be approved.”)  In 
fact, as described above, SHIBLEY was on probation at the time he submitted the 
application on behalf of Dituri Construction LLC. 
b. 
SHIBLEY also certified that Dituri Construction LLC “was in operation on 
February 15, 2020 and has employees for whom it paid salaries and payroll taxes or paid 
independent contractors, as reported on Form(s) 1099-MISC.”  This was false.  As 
described further below, evidence gathered in the investigation demonstrates that Dituri 
Construction LLC has no apparent employees for which it pays federal payroll taxes and 
the Form 941 SHIBLEY provided in support of the PPP loan application is fake.  In 
addition, according to information from the WA ESD, “From January 1, 2017 through 
March 31, 2020, our records fail to disclose any employer quarterly reports being submitted 
by [Dituri Construction LLC; ending in the last four digits 8508].”  Therefore, there is no 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 10 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 11 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
evidence that, as of February 15, 2020, Dituri Construction LLC had employees for whom 
it paid state payroll taxes.   
25. 
On or about May 4, 2020, Financial Institution 1 approved the full loan 
amount of $563,500.  On or about May 6, 2020, Financial Institution 1 disbursed the loan 
funds to one of the accounts in the name of Dituri Construction LLC at Financial Institution 
2 that SHIBLEY had opened on or about April 30, 2020, the same day the Dituri 
Construction LLC loan application was submitted to Financial Institution 1. 
Recorded Call and Subsequent Emails with SHIBLEY about the PPP Application  
26. 
On or about May 27, 2020, an agent posing as a representative of Financial 
Institution 1 called Phone Number 1.  After no one answered, the agent left a voicemail 
message.  An individual called the agent back from a different phone number identifying 
himself as SHIBLEY and providing the last four digits of SHIBLEY’s Social Security 
Number to confirm his identification.  The call was recorded (hereinafter the “May 27 
Recorded Call”).  During the call, SHIBLEY was asked whether he was on any type of 
parole or probation in relation to the violation of no-contact order charge described above.  
The agent also explained that, if SHIBLEY was currently on probation, that was 
disqualifying.  SHIBLEY provided various responses, including that he was not on 
probation, that the charge for violating the no-contact order had been dismissed, and that 
the case had wrapped up a long time ago.  Based on information obtained from SHIBLEY’s 
Probation Officer, described above, these statements were false. 
27. 
During the May 27 recorded call, SHIBLEY was also asked about the IRS 
Form 941 he submitted with the Dituri Construction LLC application.  In response, 
SHIBLEY stated that the IRS Form 941 he submitted with the application had not actually 
been filed with the IRS, because he was behind on his taxes by a couple of years.  
Accordingly, as of February 15, 2020, Dituri Construction LLC did not have employees 
for whom it paid federal payroll taxes.  
28. 
During the May 27 recorded call, SHIBLEY agreed to submit several names 
of employees to Financial Institution 1 to verify the employment representations in the 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 11 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 12 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
application for Dituri Construction LLC.    
29. 
On or about May 28, 2020, an individual identifying himself as SHIBLEY 
and using the email address shibley98126@gmail.com, emailed Financial Institution 1 a 
list of seven names of purported employees with what he claimed to be the last four digits 
of each individual’s Social Security Number and phone number.  In the email, SHIBLEY 
told Financial Institution 1 that the employees “know me by name and ‘A Team.’”  Based 
on the investigation, “A Team” is believed to be a reference to The A Team Holdings LLC, 
one of the Shibley entities under which SHIBLEY applied for and obtained a PPP loan in 
the amount of $960,000.  Based on my training and experience, SHIBLEY’s email suggests 
that he is not operating an active business under the name of Dituri Construction LLC and 
may have used the same business to apply for multiple PPP loans. 
Interviews of Purported Dituri Construction LLC Employees 
Indicate They Did Not Work for the Company 
30. 
Further investigation has also revealed that none of the individuals that 
SHIBLEY claimed to work for Dituri Construction LLC actually work for the entity.  
Based on my training and experience, this suggests that Dituri Construction LLC does not 
have employees as SHIBLEY represented. 
31. 
An initial search of law enforcement databases has revealed that the name 
and last four digits of the Social Security Number given for one of the purported employees, 
S.M., is associated with an individual that has been deceased since 1987.   
32. 
The name and last four digits of the Social Security Number provided for 
another purported employee are associated with an individual, L.V., whom I interviewed 
on or about June 18, 2020.  The individual told me that she has never heard of or been 
employed by SHIBLEY, Dituri Construction LLC, or any of his other entities.  She also 
relayed that she has been employed by her current employer, which is unrelated to 
SHIBLEY, since September 2017. 
33. 
In separate recorded calls on or about June 5, 2020, with an agent posing as 
a representative of Lender 2, purported employees E.P. and R.R. both claimed to work for 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 12 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 13 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
“A Team.”  In another recorded call on or about June 5, 2020, purported employee C.C.L 
stated she was a house cleaner and personal assistant for SHIBLEY.  She stated she worked 
for either “A Team” or “SS1.”   
34. 
Another purported employee, M.T., was interviewed on or about June 10, 
2020.  M.T. told agents that he worked for “ELS LLC” doing plumbing work and other 
renovation projects since in or around October 2019.  According to M.T., ELS LLC is the 
only company he knows of that SHIBLEY owns and the only company of SHIBLEY’s for 
which he has worked.    
35. 
Another purported employee, D.S., was interviewed on June 10, 2020, and 
told agents, including myself, that he has worked for SHIBLEY since in or around October 
2019 doing home renovations.  He reported that he is paid in cash and does not know the 
name of the company he works for, though he thinks that information would be on the 
packet of information he received when he began work.  He also reported that he is paid 
by the job, not by the hour. 
36. 
Based on my training and experience, the statements of E.P., R.R., C.C.L., 
M.T., and D.S. suggest that SHIBLEY is not operating an active business under the name 
of Dituri Construction LLC and may have used the same business to apply for multiple 
PPP loans under different entity names. 
Additional PPP Loan Applications by SHIBLEY in the Name of 
Dituri Construction LLC 
37. 
Separate from the funded PPP loan application to Financial Institution 1, 
the investigation has revealed that SHIBLEY submitted PPP loan applications in the name 
of Dituri Construction LLC to other SBA lenders, including a non-bank lender (Lender 1).  
However, a comparison of these PPP applications show that SHIBLEY provided 
inconsistent information about the company to different lenders.   
38. 
As part of the supporting documentation submitted on behalf of Dituri 
Construction LLC, SHIBLEY provided both Financial Institution 1 and Lender 1 purported 
IRS Forms 941 for the first quarter of 2020.  However, a comparison of the two IRS Form 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 13 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 14 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
941’s show SHIBLEY reported different total wages to the two different lenders. 
According to the Form 941 submitted to Lender 1, which was purportedly signed by 
SHIBLEY on April 22, 2020, Dituri Construction LLC paid wages and compensation 
totaling $784,000 in the first quarter of 2020.  However, according to the Form 941 
provided to Financial Institution 1, which was purportedly signed by SHIBLEY on April 
28, 2020, Dituri Construction LLC paid approximately $392,000 in wages and 
compensation during that period.  Based on my training and experience, these 
discrepancies suggest that the Form 941s are fake and were created specifically to support 
the specific loan amounts sought in each application. 
SHIBLEY’s Efforts to Withdraw Large Sums of PPP Loan Proceeds in Cash 
39. 
On or about May 22 and 25, 2020, agents spoke with employees from 
Financial Institution 2.  The employees confirmed that an account at Financial Institution 
2 in the name of Dituri Construction LLC had received approximately $563,500 in PPP 
loan funding.  They further relayed that on or about May 13, 2020, SHIBLEY asked to 
withdraw the Dituri Construction LLC PPP loan funds totaling $563,500 in cash.   
40. 
According to the Financial Institution 2 investigators, SHIBLEY further 
stated that he would later be requesting a cash withdrawal of $820,000 in PPP funds that 
had been issued to another company controlled by SHIBLEY (SS1 LLC).  When a 
Financial Institution 2 Investigator asked SHIBLEY the reason for the bulk cash 
withdrawals, SHIBLEY responded that it was because many of his employees did not have 
Social Security Numbers, so he pays them in cash.   (SHIBLEY’s assertion that many of 
the Dituri Construction LLC and SS1 LLC employees do not have Social Security Numbers 
is also inconsistent with his provision to Financial Institution 1 of Social Security Numbers 
for purported Dituri Construction LLC employees on or about May 28, 2020.) 
41. 
On or about May 26, 2020, after learning of the government’s investigation, 
Financial Institution 1 recalled the $563,500 in PPP funds from Financial Institution 2.  On 
or about June 1, 2020, Financial Institution 1 cancelled the loan for Dituri Construction, 
LLC.   
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 14 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 15 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
42. 
I have reviewed surveillance videos and photos received from Financial 
Institution 2.  On or about May 13, 2020, video from Financial Institution 2 shows a man 
matching SHIBLEY’s description meeting with Financial Institution 2 representatives.   
Other PPP and EIDL Loan Applications Submitted for the Shibley Entities 
43. 
The investigation has revealed that SHIBLEY claims ownership in or has 
obtained federal Employer Identification Numbers (EIN) for at least ten different 
businesses (collectively, “the Shibley Entities”), listed below: 
Business Name 
Last Four Digits of Employer 
Identification Number (“EIN”) 
Dituri Construction LLC 
8508 
Dituri Construction 
8667 
Thomas Dituri Construction 
1739 
Eric R Shibley MD PLLC d/b/a 
Shibley Medical 
9052 
The A Team Holdings LLC 
7088 
SS1 
7509 
SS1 LLC 
2134 
ES1 LLC 
5849 
Seattle’s Finest Cannabis LLC a/k/a 
SFC LLC 
3580 
Eric R Shibley MD PLLC 
8805 
Shibley Foundation 
1253 
44. 
WA ESD has no record of any employment tax filings for the following 
entities listed above: Dituri Construction LLC, The A Team Holdings LLC, SS1, SS1 LLC, 
Seattle’s Finest Cannabis LLC, ES1 LLC, or Eric R Shibley MD PLLC (EIN ending 8805).  
According to WA ESD, employment tax information has only been filed for Eric R Shibley 
MD PLLC d/b/a Shibley Medical (EIN ending 9052) for Quarter 1, Quarter 2, and Quarter 
3 of 2017.  The government has not yet obtained information from WA ESD related to 
Shibley Foundation, Dituri Construction (EIN ending 8667), and Thomas Dituri 
Construction (EIN ending 1739). 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 15 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 16 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
45. 
In total, the investigation has revealed that at least 12 PPP loan applications 
and at least 13 EIDL loan applications have been submitted for several of the Shibley 
Entities.  In total, SHIBLEY sought over $3.3 million in PPP and EIDL loan proceeds 
through these applications. 
46. 
The following PPP loan applications were submitted to the following 
lenders: 
Entity Name / Submitted 
EIN (Last Four Digits) 
Lender 
Loan 
Amount 
Approx. Date of 
Application 
Dituri Construction, LLC / 
8508 
Financial Institution 1 
$563,500 
4/30/2020 
ES1, LLC / 5849 
Financial Institution 2 
$95,750 
4/15/2020 
Eric r Shibley, MD, PLLC 
d/b/a Shibley Medical / 9052 Financial Institution 4 
$93,900 
5/7/2020 
ES1, LLC 
Financial Institution 5 
$97,000 
Unknown3 
ES1, LLC / 5849 
Financial Institution 6 
$100,000 
4/15/2020 
Seattle’s Finest Cannabis, 
LLC / 3580 
Financial Institution 6 
$100,000 
4/25/2020 
Eric R Shibley MD PLLC / 
9052 
Financial Institution 6 
$100,000 
4/15/2020 
SFC, LLC / 83584 
Financial Institution 7 
$94,000 
5/21/2020 
The A Team Holdings LLC 
/ 7088 
Financial Institution 8 
/ Lender 1   
$960,000 
4/12/2020 
SFC, LLC / 3580 
Financial Institution 8 
/ Lender 3 
$62,600 
6/2/2020 
SFC, LLC / 3580 
Financial Institution 8 
/ Lender 3  
$62,600 
6/19/2020 
SS1 / 7509 
Lender 2  
$820,000 
4/20/2020 
                                              
3 The government is still waiting for certain PPP Loan files from the certain lender, and the 
information that is unknown at this time is noted in this table. 
 
4 Based on the investigation, I believe that this application was submitted with a 
typographical error on the EIN.  Based on the EIN assigned to Seattle’s Finest Cannabis 
LLC, which was renamed SFC LLC, I believe the EIN submitted was missing a digit and 
should have ended with 3580. 
 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 16 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 17 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
47. 
The following EIDL loan applications were submitted: 
Entity Name / Submitted 
EIN (Last Four Digits) 
SBA Application 
Number 
Loan 
Amount5 
Approx. Date of 
Application 
Dituri Construction, LLC / 
8508 
3304338608 
$115,000 
6/7/2020 
Dituri Construction LLC 
3304925314 
N/A – Loan 
Canceled 
6/16/20 
SS1 LLC / 7509 
3304338551 
$115,000 
6/7/2020 
SS1 LLC 
3304924428 
Canceled 
6/16/20 
Eric r Shibley, MD, PLLC 
d/b/a Shibley Medical / 9052 
3600262629 
$31,000 
3/31/2020 
ES1 LLC / 5849 
3600261356 
N/A – Loan 
Declined 
3/31/2020 
ES1 LLC 
3304338652 
N/A – Loan 
Canceled 
6/7/20 
Seattle’s Finest Cannabis, 
LLC / 3580 
3601282989 
$15,000 
4/15/2020 
SFC LLC 
3304338580 
N/A – Loan 
Canceled 
6/7/20 
SFC LLC 
3304338625 
N/A – Loan 
Canceled 
6/7/20 
Eric Shibley (using his Social 
Security Number) 
3601212749 
$25,000 
4/13/2020 
Eric DBA Shibley (using his 
Social Security Number) 
3601212786 
N/A - Agency 
Hold 
4/13/2020 
The A Team Holdings LLC / 
7088 
3600260002 
N/A – Loan 
Declined 
3/31/2020 
48. 
Through the investigation, the government has received records, including 
the PPP loan and EIDL applications, from many of the above financial institutions and 
lenders.  All the applications for which the government has received records were 
submitted in SHIBLEY’s name as the relevant entity’s authorized representative and 
owner.  Each application also identified SHIBLEY by his Social Security Number and 
                                              
5 The amount for an EIDL is not determined until the SBA accepts the loan application.  
As such, there are not loan amounts for some of the EIDLs. 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 17 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 18 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
identified the business address as the SHIBLEY Address.  A copy of a Washington State 
driver’s license in SHIBLEY’s name and with his identifying information, including the 
SHIBLEY Address described above, also was submitted with some of the applications. 
49. 
All the PPP loan applications listed above contained at least one materially 
false statement.  SHIBLEY did not disclose on any of the applications that he was on active 
probation at the time of the applications and answered “No” to Question 5 of the 
application, as described above.  These certifications were all false, as SHIBLEY remains 
on probation until December 2020.   
50. 
Some loan applications carry other indicia of fraud as well.  For example, 
Lender 2 has provided records relating to a PPP loan application submitted to Lender 2 for 
SS1 LLC seeking $820,000 on or about April 20, 2020.  According to Washington SOS 
records, however, on or about March 3, 2020, SS1 LLC was administratively dissolved 
after the entity failed to file its 2019 annual report.  (It was reinstated on or about April 6, 
2020, after a fee was paid.)  Furthermore, as described above, on or about May 29, 2020, 
an individual claiming to be SHIBLEY emailed Lender 2 a list with ten purported 
employees of SS1 LLC with what he claimed to be the last four digits of each individual’s 
Social Security Number and phone number.  The list included the same seven names (with 
the same Social Security Numbers and phone numbers) that were provided on the previous 
day, May 28, 2020, to Financial Institution 1, as employees of Dituri Construction LLC.  
As described above, six of the seven employees either had no association with SHIBLEY 
or his businesses or claimed to be employed by a business other than Dituri Construction 
LLC or SS1.  In addition, the government has interviewed the three new individuals 
SHIBLEY provided for SS1 LLC.  They too claim to be employed by entities other than 
Dituri Construction LLC or SS1 LLC. 
CONCLUSION 
51. 
 Based on the above facts, I respectfully submit that there is probable cause 
to believe that ERIC SHIBLEY did willfully and knowingly, having devised and intending 
to devise a scheme and artifice to defraud, and for obtaining money and property by means 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 18 of 19

 
 
 
COMPLAINT/United States v. Eric Shibley - 19 
Case No.  
UNITED STATES ATTORNEY 
700 STEWART STREET, STE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
of false and fraudulent pretenses, representations and promises, and attempting to do so, 
transmitted and caused to be transmitted by means of wire, radio, and television 
communication in interstate and foreign commerce, writings, signs, signals, pictures, and 
sounds for the purpose of executing such scheme and artifice, in violation of Title 18, 
United States Code, Sections 1343 and 2. 
52. 
Based on the above facts, I further respectfully submit that there is probable 
cause to believe that SHIBLEY knowingly executed, and attempted to execute, a scheme 
to defraud Financial Institution 1, a federally insured financial institution, and obtain 
monies owned and under the care, custody, and control of that financial institution by 
means of false and fraudulent pretenses, representations, and promises, in violation of Title 
18, United States Code, Sections 1344 and 2. 
 
  
 
 
KATHLEEN MORAN, Complainant 
Special Agent, FBI 
 
The above-named agent provided a sworn statement attesting to the truth of the 
contents of the foregoing affidavit, and based on the Complaint and Affidavit, the Court 
hereby finds that there is probable cause to believe the Defendant committed the offenses 
set forth in the Complaint. 
Dated this  
 
 day of June, 2020. 
 
 
 
 
 
 
 
 
MICHELLE L. PETERSON 
United States Magistrate Judge 
Case 2:20-cr-00174-JCC   Document 1   Filed 06/29/20   Page 19 of 19

File and source

File

United_States_v._Shibley__wawd_2-20-cr-00174__doc1__gov.uscourts.wawd.290910.1.0.pdf

Size

240,743 bytes

SHA-256

cac4cdd1e413f452fdafc681ed3c51d4b02d544faf00547467231c6fbd351798

Our copy

United_States_v._Shibley__wawd_2-20-cr-00174__doc1__gov.uscourts.wawd.290910.1.0.pdf

Original

PACER (login required)