Admitted Trial Exhibits (GX 27–70): EIDL Applications — U.S. v. Shibley (W.D. Wash.)

Record facts

U.S. District Court for the Western District of Washington (Seattle) · No. 2:20-cr-00174-JCC · Doc. 137-8 · 2021-11-26 · Docket on CourtListener

Full text

Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 U.S.
Page v.
1 ofShibley
246
Rapid Intake Form Data Lookup
Application #

Name
Business Name
IP Address
OIG Agent

3304338608
Eric Shibley
Dituri Construction LLC
2603:3023:31a:1000:f8de:1b71:b927:b446
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

Radio

Yes

CR20-174 JCC
Government Exhibit No. 27
Admitted ________________

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.
1

Eligible Entity Verification

6/7/20 5:55 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

6/7/20 5:55 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

6/7/20 5:55 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through the
sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

6/7/20 5:55 PM

5

Applicant does not derive more than one-third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

6/7/20 5:55 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

6/7/20 5:55 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

6/7/20 5:55 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

Dituri Construction LLC

6/7/20 5:55 PM

9

Trade Name *

Text

Yes

Dituri Construction LLC

6/7/20 5:55 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

6/7/20 5:55 PM

12

Is the Applicant a Non-Profit Organization? *

Radio

Yes

No

6/7/20 5:55 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

6/7/20 5:55 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$850,000

6/7/20 5:55 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$600,000

6/7/20 5:55 PM

16

Rental Properties (Residential and Commercial) Only - Lost Rents Due to the Disaster

Text

No

NULL

6/7/20 5:55 PM

17

Non-Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

6/7/20 5:55 PM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

6/7/20 5:55 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

6/7/20 5:55 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th ave SW

6/7/20 5:55 PM

21

City *

Text

Yes

Seattle

6/7/20 5:55 PM

22

State *

Picklist

Yes

WA

6/7/20 5:55 PM

23

County

Text

No

King

6/7/20 5:55 PM

24

Zip *

Text

Yes

98126

6/7/20 5:55 PM

25

Business Phone *

Text

Yes

(206)-938-4291

6/7/20 5:55 PM

26

Alternative Business Phone

Text

Yes

0

6/7/20 5:55 PM

27

Business Fax

Text

No

(206)-938-4483

6/7/20 5:55 PM

28

Business Email *

Text

Yes

mrandall0106@gmail.com

6/7/20 5:55 PM

29

Date Business Established *

Date

Yes

1/2/2020

6/7/20 5:55 PM

30

Current Ownership Since *

Date

Yes

1/7/2020

6/7/20 5:55 PM

31

Business Activity *

Picklist

Yes

ConstructionContractors

6/7/20 5:55 PM

32

Detailed Business Activity*

Picklist

Yes

ConstructionContractors

6/7/20 5:55 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

49

6/7/20 5:55 PM

Radio

Yes

No

6/7/20 5:55 PM

8508

6/7/20 5:55 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

Header: Business Applicant Parent Entity

DOJ-01-0000003753


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 2 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

35

Legal Name *

Text

Yes

NULL

6/7/20 5:55 PM

36

Street Address *

Text

Yes

NULL

6/7/20 5:55 PM

37

City *

Text

Yes

NULL

6/7/20 5:55 PM

38

State *

Picklist

Yes

NULL

6/7/20 5:55 PM

39

EIN *

Text

Yes

NULL

6/7/20 5:55 PM

40

ZIP *

Text

Yes

NULL

6/7/20 5:55 PM

41

Business Phone *

Text

Yes

NULL

6/7/20 5:55 PM

42

Business Email *

Text

Yes

NULL

6/7/20 5:55 PM

43

Business Type *

Picklist

Yes

NULL

6/7/20 5:55 PM

44

Ownership Percent *

Text

Yes

NULL

6/7/20 5:55 PM

Header: Individual Owner(s)
Header: Owner 1
45-a

First Name *

Text

Yes

Eric

6/7/20 5:55 PM

46-a

Last Name *

Text

Yes

Shibley

6/7/20 5:55 PM

47-a

Mobile Phone *

Text

Yes

(206)-771-7868

6/7/20 5:55 PM

48-a

Title / Office *

Picklist

Yes

Manager

6/7/20 5:55 PM

49-a

Ownership Percent *

Text

Yes

100

6/7/20 5:55 PM

50-a

Email *

Text

Yes

shibleenyc@yahoo.com

6/7/20 5:55 PM

51-a

SSN *

Text

Yes

5264

6/7/20 5:55 PM

52-a

Birth Date *

Date

Yes

1978

6/7/20 5:55 PM

53-a

Place Of Birth

Text

No

0

6/7/20 5:55 PM

54-a

U.S. Citizen *

Radio

Yes

Yes

6/7/20 5:55 PM

55-a

Residential Street Address *

Text

Yes

4700 36th Ave SW

6/7/20 5:55 PM

56-a

City *

Text

Yes

Seattle

6/7/20 5:55 PM

57-a

State *

Picklist

Yes

WA

6/7/20 5:55 PM

58-a

Zip *

Text

Yes

98126

6/7/20 5:55 PM

Header: Owner 2
45-b

First Name *

Text

Yes

NULL

6/7/20 5:55 PM

46-b

Last Name *

Text

Yes

NULL

6/7/20 5:55 PM

47-b

Mobile Phone *

Text

Yes

NULL

6/7/20 5:55 PM

48-b

Title / Office *

Picklist

Yes

NULL

6/7/20 5:55 PM

49-b

Ownership Percent *

Text

Yes

NULL

6/7/20 5:55 PM

50-b

Email *

Text

Yes

NULL

6/7/20 5:55 PM

51-b

SSN *

Text

Yes

NULL

6/7/20 5:55 PM

52-b

Birth Date *

Date

Yes

NULL

6/7/20 5:55 PM

53-b

Place Of Birth

Text

No

NULL

6/7/20 5:55 PM

54-b

U.S. Citizen *

Radio

Yes

NULL

6/7/20 5:55 PM

55-b

Residential Street Address *

Text

Yes

NULL

6/7/20 5:55 PM

56-b

City *

Text

Yes

NULL

6/7/20 5:55 PM

57-b

State *

Picklist

Yes

NULL

6/7/20 5:55 PM

58-b

Zip *

Text

Yes

NULL

6/7/20 5:55 PM

Radio

Yes

No

6/7/20 5:55 PM

PAGE 4
Header: Additional Information

59

In the past year, has the business or a listed owner been convicted of a felony committed during and in connection with a riot
or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or service
that has been determined to be obscene by a court of competent jurisdiction?

DOJ-01-0000003754


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 3 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

6/7/20 5:55 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Within the last 5 years, for any felony, have you ever been convicted, plead guilty, plead nolo contendere, been placed on
pretrial diversion, or been placed on any form of parole or probation (including probation before judgment)?

Radio

Yes

No

6/7/20 5:55 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

6/7/20 5:55 PM

63

Name of Company

Text

No

NULL

6/7/20 5:55 PM

64

Phone Number

Text

No

0

6/7/20 5:55 PM

65

Street Address, City, State, Zip

Text

No

NULL

6/7/20 5:55 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

6/7/20 5:55 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

6/7/20 5:55 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

6/7/20 5:55 PM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Verity Credit union

6/7/20 5:55 PM

70

Account Number *

Text

Yes

7435400

6/7/20 5:55 PM

71

Routing Number *

Text

Yes

325081885

6/7/20 5:55 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

6/7/20 5:55 PM

Checkbox*

Yes

1

6/7/20 5:55 PM

Button

Yes

1

6/7/20 5:55 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:
On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003755


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 4 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 5 of 246
6/23/2020

Dituri Construction LLC - 6065193 - Bank Accounts - U.S. Small Business Administration CALC Application
Hello, Kathleen Littwin (/Account/Manage) (SBA Support)! |

Admin panel (/Administration)

Existing Deals (/)

()

Request help () | Log o

(/Account/LogO )

Tasks (https://rapidsba2.sba.gov)

Home (/) / Application (/Lead?leadId=6065193) / Rapid Decision (/Calculator?leadId=6065193) / Bank Account

Bank Account

Account Type

Account Number Routing Number

Checking

7435400

325081885

Name Of Bank

Name On Account

Account
Status

Account
Ownership
Status

Verity Credit union

Dituri Construction LLC

Cannot Verify

Cannot
Authenticate

SBA O ce of Disaster Assistance | 1-800-659-2955 | 409 3rd St, SW. Washington, DC 20416

https://rapidsba1.sba.gov/VoidedChecks?leadId=6065193

1/1

DOJ-01-0000003700


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 6 of 246
DocuSign Envelope ID: BD1C2426-2ED2-4142-98C3-97EC327AB7A6

SBA Loan #7947867903

Doc # L-01-6065193-01
Application #3304338608

LOAN AUTHORIZATION AND AGREEMENT (LA&A)
A PROPERLY SIGNED DOCUMENT IS
REQUIRED PRIOR TO ANY
DISBURSEMENT
CAREFULLY READ THE LA&A:
This document describes the terms and conditions of your loan. It is your responsibility to comply with
ALL the terms and conditions of your loan.

SIGNING THE LA&A:
All borrowers must sign the LA&A.
· Sign your name exactly as it appears on the LA&A. If typed incorrectly, you should sign
with the correct spelling.
· If your middle initial appears on the signature line, sign with your middle initial.
· If a suffix appears on the signature line, such as Sr. or Jr., sign with your suffix.
· Corporate Signatories: Authorized representatives should sign the signature page.
Your signature represents your agreement to comply
with the terms and conditions of the loan.

Ref 50 30

DOJ-01-0000003708


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 7 of 246
DocuSign Envelope ID: BD1C2426-2ED2-4142-98C3-97EC327AB7A6

Doc # L-01-6065193-01

SBA Loan #7947867903

Application #3304338608

U.S. Small Business Administration
Economic Injury Disaster Loan

LOAN AUTHORIZATION AND AGREEMENT
Date: 06.17.2020 (Effective Date)
On the above date, this Administration (SBA) authorized (under Section 7(b) of the Small Business Act, as amended) a Loan
(SBA Loan #7947867903) to Dituri Construction LLC (Borrower) of 4700 36th ave SW Seattle Washington 98126 in the
amount of one hundred and fifteen thousand and 00/100 Dollars ($115,000.00), upon the following conditions:
PAYMENT
·

Installment payments, including principal and interest, of $561.00 Monthly, will begin Twelve (12) months
from the date of the promissory Note. The balance of principal and interest will be payable Thirty (30) years
from the date of the promissory Note.

INTEREST
·

Interest will accrue at the rate of 3.75% per annum and will accrue only on funds actually advanced from the
date(s) of each advance.

PAYMENT TERMS
·

Each payment will be applied first to interest accrued to the date of receipt of each payment, and the balance, if
any, will be applied to principal.

·

Each payment will be made when due even if at that time the full amount of the Loan has not yet been advanced
or the authorized amount of the Loan has been reduced.

COLLATERAL
·

For loan amounts of greater than $25,000, Borrower hereby grants to SBA, the secured party hereunder, a
continuing security interest in and to any and all “Collateral” as described herein to secure payment and
performance of all debts, liabilities and obligations of Borrower to SBA hereunder without limitation, including
but not limited to all interest, other fees and expenses (all hereinafter called “Obligations”). The Collateral
includes the following property that Borrower now owns or shall acquire or create immediately upon the
acquisition or creation thereof: all tangible and intangible personal property, including, but not limited to: (a)
inventory, (b) equipment, (c) instruments, including promissory notes (d) chattel paper, including tangible
chattel paper and electronic chattel paper, (e) documents, (f) letter of credit rights, (g) accounts, including
health-care insurance receivables and credit card receivables, (h) deposit accounts, (i) commercial tort claims, (j)
general intangibles, including payment intangibles and software and (k) as-extracted collateral as such terms
may from time to time be defined in the Uniform Commercial Code. The security interest Borrower grants
includes all accessions, attachments, accessories, parts, supplies and replacements for the Collateral, all
products, proceeds and collections thereof and all records and data relating thereto.

·

For loan amounts of $25,000 or less, SBA is not taking a security interest in any collateral.

Page 2 of 11
SBA Form 1391 (5-00)

Ref 50 30

DOJ-01-0000003709


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 8 of 246
DocuSign Envelope ID: BD1C2426-2ED2-4142-98C3-97EC327AB7A6

Doc # L-01-6065193-01

SBA Loan #7947867903

Application #3304338608

REQUIREMENTS RELATIVE TO COLLATERAL
·

Borrower will not sell or transfer any collateral (except normal inventory turnover in the ordinary course of
business) described in the "Collateral" paragraph hereof without the prior written consent of SBA.

·

Borrower will neither seek nor accept future advances under any superior liens on the collateral securing this
Loan without the prior written consent of SBA.

USE OF LOAN PROCEEDS
·

Borrower will use all the proceeds of this Loan solely as working capital to alleviate economic injury caused by
disaster occurring in the month of January 31, 2020 and continuing thereafter and to pay Uniform Commercial
Code (UCC) lien filing fees and a third-party UCC handling charge of $100 which will be deducted from the
Loan amount stated above.

REQUIREMENTS FOR USE OF LOAN PROCEEDS AND RECEIPTS
·

Borrower will obtain and itemize receipts (paid receipts, paid invoices or cancelled checks) and contracts for all
Loan funds spent and retain these receipts for 3 years from the date of the final disbursement. Prior to each
subsequent disbursement (if any) and whenever requested by SBA, Borrower will submit to SBA such
itemization together with copies of the receipts.

·

Borrower will not use, directly or indirectly, any portion of the proceeds of this Loan to relocate without the
prior written permission of SBA. The law prohibits the use of any portion of the proceeds of this Loan for
voluntary relocation from the business area in which the disaster occurred. To request SBA's prior written
permission to relocate, Borrower will present to SBA the reasons therefore and a description or address of the
relocation site. Determinations of (1) whether a relocation is voluntary or otherwise, and (2) whether any site
other than the disaster-affected location is within the business area in which the disaster occurred, will be made
solely by SBA.

·

Borrower will, to the extent feasible, purchase only American-made equipment and products with the proceeds
of this Loan.

·

Borrower will make any request for a loan increase for additional disaster-related damages as soon as possible
after the need for a loan increase is discovered. The SBA will not consider a request for a loan increase received
more than two (2) years from the date of loan approval unless, in the sole discretion of the SBA, there are
extraordinary and unforeseeable circumstances beyond the control of the borrower.

DEADLINE FOR RETURN OF LOAN CLOSING DOCUMENTS
·

Borrower will sign and return the loan closing documents to SBA within 2 months of the date of this Loan
Authorization and Agreement. By notifying the Borrower in writing, SBA may cancel this Loan if the
Borrower fails to meet this requirement. The Borrower may submit and the SBA may, in its sole discretion,
accept documents after 2 months of the date of this Loan Authorization and Agreement.

COMPENSATION FROM OTHER SOURCES
·

Eligibility for this disaster Loan is limited to disaster losses that are not compensated by other sources.
Other sources include but are not limited to: (1) proceeds of policies of insurance or other indemnifications,
(2) grants or other reimbursement (including loans) from government agencies or private organizations, (3)

Page 3 of 11
SBA Form 1391 (5-00)

Ref 50 30

DOJ-01-0000003710


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 9 of 246
DocuSign Envelope ID: BD1C2426-2ED2-4142-98C3-97EC327AB7A6

Doc # L-01-6065193-01

SBA Loan #7947867903

Application #3304338608

claims for civil liability against other individuals, organizations or governmental entities, and (4) salvage
(including any sale or re-use) of items of damaged property.
·

Borrower will promptly notify SBA of the existence and status of any claim or application for such other
compensation, and of the receipt of any such compensation, and Borrower will promptly submit the proceeds
of same (not exceeding the outstanding balance of this Loan) to SBA.

·

Borrower hereby assigns to SBA the proceeds of any such compensation from other sources and authorizes the
payor of same to deliver said proceeds to SBA at such time and place as SBA shall designate.

·

SBA will in its sole discretion determine whether any such compensation from other sources is a duplication
of benefits. SBA will use the proceeds of any such duplication to reduce the outstanding balance of this Loan,
and Borrower agrees that such proceeds will not be applied in lieu of scheduled payments.

DUTY TO MAINTAIN HAZARD INSURANCE
·

Within 12 months from the date of this Loan Authorization and Agreement the Borrower will provide proof of
an active and in effect hazard insurance policy including fire, lightning, and extended coverage on all items used
to secure this loan to at least 80% of the insurable value. Borrower will not cancel such coverage and will
maintain such coverage throughout the entire term of this Loan. BORROWER MAY NOT BE ELIGIBLE
FOR EITHER ANY FUTURE DISASTER ASSISTANCE OR SBA FINANCIAL ASSISTANCE IF THIS
INSURANCE IS NOT MAINTAINED AS STIPULATED HEREIN THROUGHOUT THE ENTIRE
TERM OF THIS LOAN. Please submit proof of insurance to: U.S. Small Business Administration, Office of
Disaster Assistance, 14925 Kingsport Rd, Fort Worth, TX. 76155.

BOOKS AND RECORDS
·

Borrower will maintain current and proper books of account in a manner satisfactory to SBA for the most recent
5 years until 3 years after the date of maturity, including extensions, or the date this Loan is paid in full,
whichever occurs first. Such books will include Borrower's financial and operating statements, insurance
policies, tax returns and related filings, records of earnings distributed and dividends paid and records of
compensation to officers, directors, holders of 10% or more of Borrower's capital stock, members, partners and
proprietors.

·

Borrower authorizes SBA to make or cause to be made, at Borrower's expense and in such a manner and at such
times as SBA may require: (1) inspections and audits of any books, records and paper in the custody or control
of Borrower or others relating to Borrower's financial or business conditions, including the making of copies
thereof and extracts therefrom, and (2) inspections and appraisals of any of Borrower's assets.

·

Borrower will furnish to SBA, not later than 3 months following the expiration of Borrower's fiscal year and in
such form as SBA may require, Borrower's financial statements.

·

Upon written request of SBA, Borrower will accompany such statements with an 'Accountant's Review Report'
prepared by an independent public accountant at Borrower's expense.

·

Borrower authorizes all Federal, State and municipal authorities to furnish reports of examination, records and
other information relating to the conditions and affairs of Borrower and any desired information from such
reports, returns, files, and records of such authorities upon request of SBA.

Page 4 of 11
SBA Form 1391 (5-00)

Ref 50 30

DOJ-01-0000003711


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 10 of 246
DocuSign Envelope ID: BD1C2426-2ED2-4142-98C3-97EC327AB7A6

Doc # L-01-6065193-01

SBA Loan #7947867903

Application #3304338608

LIMITS ON DISTRIBUTION OF ASSETS
·

Borrower will not, without the prior written consent of SBA, make any distribution of Borrower’s assets, or give
any preferential treatment, make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise, to
any owner or partner or any of its employees, or to any company directly or indirectly controlling or affiliated
with or controlled by Borrower, or any other company.

EQUAL OPPORTUNITY REQUIREMENT
·

If Borrower has or intends to have employees, Borrower will post SBA Form 722, Equal Opportunity Poster
(copy attached), in Borrower's place of business where it will be clearly visible to employees, applicants for
employment, and the general public.

DISCLOSURE OF LOBBYING ACTIVITIES
·

Borrower agrees to the attached Certification Regarding Lobbying Activities

BORROWER’S CERTIFICATIONS
Borrower certifies that:
·

There has been no substantial adverse change in Borrower's financial condition (and organization, in case of a
business borrower) since the date of the application for this Loan. (Adverse changes include, but are not limited
to: judgment liens, tax liens, mechanic's liens, bankruptcy, financial reverses, arrest or conviction of felony, etc.)

·

No fees have been paid, directly or indirectly, to any representative (attorney, accountant, etc.) for services
provided or to be provided in connection with applying for or closing this Loan, other than those reported on
SBA Form 5 Business Disaster Loan Application'; SBA Form 3501 COVID-19 Economic Injury Disaster Loan
Application; or SBA Form 159, 'Compensation Agreement'. All fees not approved by SBA are prohibited.

·

All representations in the Borrower's Loan application (including all supplementary submissions) are true,
correct and complete and are offered to induce SBA to make this Loan.

·

No claim or application for any other compensation for disaster losses has been submitted to or requested of
any source, and no such other compensation has been received, other than that which Borrower has fully
disclosed to SBA.

·

Neither the Borrower nor, if the Borrower is a business, any principal who owns at least 50% of the Borrower,
is delinquent more than 60 days under the terms of any: (a) administrative order; (b) court order; or (c)
repayment agreement that requires payment of child support.

·

Borrower certifies that no fees have been paid, directly or indirectly, to any representative (attorney,
accountant, etc.) for services provided or to be provided in connection with applying for or closing this
Loan, other than those reported on the Loan Application. All fees not approved by SBA are prohibited.
If an Applicant chooses to employ an Agent, the compensation an Agent charges to and that is paid by
the Applicant must bear a necessary and reasonable relationship to the services actually performed and must
be comparable to those charged by other Agents in the geographical area. Compensation cannot be
contingent on loan approval. In addition, compensation must not include any expenses which are deemed
by SBA to be unreasonable for services actually performed or expenses actually incurred. Compensation
must not include

Page 5 of 11
SBA Form 1391 (5-00)

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SBA Loan #7947867903

Application #3304338608

charges prohibited in 13 CFR 103 or SOP 50-30, Appendix 1. If the compensation exceeds $500 for a
disaster home loan or $2,500 for a disaster business loan, Borrower must fill out the Compensation
Agreement Form 159D which will be provided for Borrower upon request or can be found on the
SBA website.
·

Borrower certifies, to the best of its, his or her knowledge and belief, that the certifications and representations
in the attached Certification Regarding Lobbying are true, correct and complete and are offered to induce SBA
to make this Loan.

CIVIL AND CRIMINAL PENALTIES
·

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 half times 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, 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.

RESULT OF VIOLATION OF THIS LOAN AUTHORIZATION AND AGREEMENT
·

If Borrower violates any of the terms or conditions of this Loan Authorization and Agreement, the Loan will be
in default and SBA may declare all or any part of the indebtedness immediately due and payable. SBA's failure
to exercise its rights under this paragraph will not constitute a waiver.

·

A default (or any violation of any of the terms and conditions) of any SBA Loan(s) to Borrower and/or its
affiliates will be considered a default of all such Loan(s).

DISBURSEMENT OF THE LOAN
·

Disbursements will be made by and at the discretion of SBA Counsel, in accordance with this Loan
Authorization and Agreement and the general requirements of SBA.

·

Disbursements may be made in increments as needed.

·

Other conditions may be imposed by SBA pursuant to general requirements of SBA.

·

Disbursement may be withheld if, in SBA's sole discretion, there has been an adverse change in Borrower's
financial condition or in any other material fact represented in the Loan application, or if Borrower fails to
meet any of the terms or conditions of this Loan Authorization and Agreement.

·

NO DISBURSEMENT WILL BE MADE LATER THAN 6 MONTHS FROM THE DATE OF THIS
LOAN AUTHORIZATION AND AGREEMENT UNLESS SBA, IN ITS SOLE DISCRETION,
EXTENDS THIS DISBURSEMENT PERIOD.

Page 6 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003713


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SBA Loan #7947867903

Application #3304338608

PARTIES AFFECTED
·

This Loan Authorization and Agreement will be binding upon Borrower and Borrower's successors and
assigns and will inure to the benefit of SBA and its successors and assigns.

RESOLUTION OF BOARD OF DIRECTORS
·

Borrower shall, within 180 days of receiving any disbursement of this Loan, submit the appropriate SBA
Certificate and/or Resolution to the U.S. Small Business Administration, Office of Disaster Assistance, 14925
Kingsport Rd, Fort Worth, TX. 76155.

ENFORCEABILITY
·

This Loan Authorization and Agreement is legally binding, enforceable and approved upon Borrower’s
signature, the SBA’s approval and the Loan Proceeds being issued to Borrower by a government issued check or
by electronic debit of the Loan Proceeds to Borrower’ banking account provided by Borrower in application for
this Loan.

James E. Rivera
Associate Administrator
U.S. Small Business Administration
The undersigned agree(s) to be bound by the terms and conditions herein during the term of this Loan, and further agree(s)
that no provision stated herein will be waived without prior written consent of SBA. Under penalty of perjury of the
United States of America, I hereby certify that I am authorized to apply for and obtain a disaster loan on behalf of
Borrower, in connection with the effects of the COVID-19 emergency.
Dituri Construction LLC
{{0_SH}}
Date:

06.17.2020

Eric Shibley, Owner/Officer
Note: Corporate Borrowers must execute Loan Authorization and Agreement in corporate name, by a duly authorized
officer. Partnership Borrowers must execute in firm name, together with signature of a general partner. Limited Liability
entities must execute in the entity name by the signature of the authorized managing person.

Page 7 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003714


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SBA Loan #7947867903

Application #3304338608

CERTIFICATION REGARDING LOBBYING
For loans over $150,000, Congress requires recipients to agree to
the following:
1. Appropriated funds may NOT be used for lobbying.
2. Payment of non-federal funds for lobbying must be reported on Form
SF-LLL.
3. Language of this certification must be incorporated into all
contracts and subcontracts exceeding $100,000.
4. All contractors and subcontractors with contracts exceeding
$100,000 are required to certify and disclose accordingly.

Page 8 of 11
SBA Form 1391 (5-00)

DOJ-01-0000003715


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SBA Loan #7947867903

Application #3304338608

CERTIFICATION REGARDING
LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
Borrower and all Guarantors (if any) certify, to the best of its, his or her knowledge and belief, that:

(1)

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, or modification of
any Federal contract, grant, loan, or cooperative agreement.

(2)

If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
loan, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants,
loans, and co-operative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00
for each such failure.

Page 9 of 11
SBA Form 1391 (5-00)

DOJ-01-0000003716


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SBA Loan #7947867903

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This Statement of Policy is Posted
In Accordance with Regulations of the

Small Business Administration
This Organization Practices

Equal Employment Opportunity
We do not discriminate on the ground of race, color, religion, sex, age, disability
or national origin in the hiring, retention, or promotion of employees; nor in
determining their rank, or the compensation or fringe benefits paid them.

This Organization Practices

Equal Treatment of Clients
We do not discriminate on the basis of race, color, religion, sex, marital status,
disability, age or national origin in services or accommodations offered or
provided to our employees, clients or guests.
These policies and this notice comply with regulations of the
United States Government.
Please report violations of this policy to:
Administrator
Small Business Administration
Washington, D.C. 20416
In order for the public and your employees to know their rights under 13 C.F.R Parts 112, 113, and 117, Small
Business Administration Regulations, and to conform with the directions of the Administrator of SBA, this poster
must be displayed where it is clearly visible to employees, applicants for employment, and the public.
Failure to display the poster as required in accordance with SBA Regulations may be considered evidence of
noncompliance and subject you to the penalties contained in those Regulations.

Page 10 of 11
SBA FORM 722 (10-02) REF: SOP 9030

PREVIOUS EDITIONS ARE OBSOLETE

U.S. GOVERNMENT PRINTING OFFICE: 1994 0- 153-346

This form was electronically produced by Elite Federal Inc.

DOJ-01-0000003717


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SBA Loan #7947867903

Application #3304338608

Esta Declaración De Principios Se Publica
De Acuerdo Con Los Reglamentos De La

Agencia Federal Para el Desarrollo de la Pequeña Empresa
Esta Organización Practica

Igual Oportunidad De Empleo
No discriminamos por razón de raza, color, religión, sexo, edad, discapacidad o
nacionalidad en el empleo, retención o ascenso de personal ni en la determinación
de sus posiciones, salarios o beneficios marginales.
Esta Organización Practica

Igualdad En El Trato A Su Clientela
No discriminamos por razón de raza, color, religión, sexo, estado civil,
edad, discapacidad o nacionalidad en los servicios o facilidades provistos para
nuestros empleados, clientes o visitantes.
Estos principios y este aviso cumplen con los reglamentos del Gobierno
de los Estados Unidos de América.
Favor de informar violaciones a lo aquí indicado a:
Administrador
Agencia Federal Para el Desarrollo de la
Pequeña Empresa
Washington, D.C. 20416
A fin de que el público y sus empleados conozcan sus derechos según lo expresado en las Secciones 112,
113 y 117 del Código de Regulaciaones Federales No. 13, de los Reglamentos de la Agencja Federal Para
el Desarrollo de la Pequeña Empresa y de acuerdo con las instrucciones del Administrador de dicha
agencia,
esta notificación debe fijarse en un lugar claramente visible para los empleados, solicitantes de empleo y
público en general. No fijar esta notificación según lo requerido por los reglamentos de la Agencia Federal
Para el Desarrollo de la Pequeña Empresa, puede ser interpretado como evidencia de falta de cumplimiento
de los mismos y conllevará la ejecución de los castigos impuestos en estos reglamentos.

Page 11 of 11
SBA FORM 722 (10-02) REF: SOP 9030

PREVIOUS EDITIONS ARE OBSOLETE

U.S. GOVERNMENT PRINTING OFFICE: 1994 0- 153-346

This form was electronically produced by Elite Federal Inc.

DOJ-01-0000003718


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Doc # L-01-6065193-0

SBA Loan #7947867903

Application #3304338608

NOTE
A PROPERLY SIGNED NOTE IS
REQUIRED PRIOR TO ANY
DISBURSEMENT

CAREFULLY READ THE NOTE: It is your promise to repay the loan.
·
·
·

The Note is pre-dated. DO NOT CHANGE THE DATE OF THE NOTE.
LOAN PAYMENTS will be due as stated in the Note.
ANY CORRECTIONS OR UNAUTHORIZED MARKS MAY VOID THIS
DOCUMENT.

SIGNING THE NOTE: All borrowers must sign the Note.
·
·
·
·

Sign your name exactly as it appears on the Note. If typed incorrectly, you should sign
with the correct spelling.
If your middle initial appears on the signature line, sign with your middle initial.
If a suffix appears on the signature line, such as Sr. or Jr., sign with your suffix.
Corporate Signatories: Authorized representatives should sign the signature page.

DOJ-01-0000003719


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SBA Loan #7947867903

Application #3304338608

U.S. Small Business Administration

Date: 06.17.2020

NOTE

Loan Amount: $115,000.00

(SECURED DISASTER LOANS)

Annual Interest Rate: 3.75%

SBA Loan # 7947867903

Application #3304338608

1.

PROMISE TO PAY: In return for a loan, Borrower promises to pay to the order of SBA the amount of one
hundred and fifteen thousand and 00/100 Dollars ($115,000.00), interest on the unpaid principal balance, and all
other amounts required by this Note.

2.

DEFINITIONS: A) “Collateral” means any property taken as security for payment of this Note or any guarantee of
this Note. B) “Guarantor” means each person or entity that signs a guarantee of payment of this Note. C) “Loan
Documents” means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges
collateral.

3.

PAYMENT TERMS: Borrower must make all payments at the place SBA designates. Borrower may prepay this
Note in part or in full at any time, without notice or penalty. Borrower must pay principal and interest payments of
$561.00 every month beginning Twelve (12) months from the date of the Note. SBA will apply each installment
payment first to pay interest accrued to the day SBA receives the payment and will then apply any remaining balance
to reduce principal. All remaining principal and accrued interest is due and payable Thirty (30) years from the date
of the Note.

4.

DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note,
or if Borrower: A) Fails to comply with any provision of this Note, the Loan Authorization and Agreement, or other
Loan Documents; B) Defaults on any other SBA loan; C) Sells or otherwise transfers, or does not preserve or
account to SBA’s satisfaction for, any of the Collateral or its proceeds; D) Does not disclose, or anyone acting on
their behalf does not disclose, any material fact to SBA; E) Makes, or anyone acting on their behalf makes, a
materially false or misleading representation to SBA; F) Defaults on any loan or agreement with another creditor, if
SBA believes the default may materially affect Borrower’s ability to pay this Note; G) Fails to pay any taxes when
due; H) Becomes the subject of a proceeding under any bankruptcy or insolvency law; I) Has a receiver or liquidator
appointed for any part of their business or property; J) Makes an assignment for the benefit of creditors; K) Has any
adverse change in financial condition or business operation that SBA believes may materially affect Borrower’s
ability to pay this Note; L) Dies; M) Reorganizes, merges, consolidates, or otherwise changes ownership or business
structure without SBA’s prior written consent; or, N) Becomes the subject of a civil or criminal action that SBA
believes may materially affect Borrower’s ability to pay this Note.

5.

SBA’S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights,
SBA may: A) Require immediate payment of all amounts owing under this Note; B) Have recourse to collect all
amounts owing from any Borrower or Guarantor (if any); C) File suit and obtain judgment; D) Take possession of
any Collateral; or E) Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without
advertisement.

6. SBA’S GENERAL POWERS: Without notice and without Borrower’s consent, SBA may: A) Bid on or buy the
Collateral at its sale or the sale of another lienholder, at any price it chooses; B) Collect amounts due under this Note,
enforce the terms of this Note or any other Loan Document, and preserve or dispose of the Collateral. Among other
things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental
remediation costs, and reasonable attorney’s fees and costs. If SBA incurs such expenses, it may demand immediate
reimbursement from Borrower or add the expenses to the principal balance; C) Release anyone obligated to pay this
Note; D) Compromise, release, renew, extend or substitute any of the Collateral; and E) Take any action necessary to
protect the Collateral or collect amounts owing on this Note.

Page 2 of 3
SBA FORM 147 B (5-00)

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SBA Loan #7947867903

Application #3304338608

7.

FEDERAL LAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law,
including SBA regulations. SBA may use state or local procedures for filing papers, recording documents, giving
notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity
from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA
any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law.

8.

GENERAL PROVISIONS: A) All individuals and entities signing this Note are jointly and severally liable. B)
Borrower waives all suretyship defenses. C) Borrower must sign all documents required at any time to comply with
the Loan Documents and to enable SBA to acquire, perfect, or maintain SBA’s liens on Collateral. D) SBA may
exercise any of its rights separately or together, as many times and in any order it chooses. SBA may delay or forgo
enforcing any of its rights without giving up any of them. E) Borrower may not use an oral statement of SBA to
contradict or alter the written terms of this Note. F) If any part of this Note is unenforceable, all other parts remain in
effect. G) To the extent allowed by law, Borrower waives all demands and notices in connection with this Note,
including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any
claim that SBA did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale. H) SBA may sell or otherwise transfer this
Note.

9. MISUSE OF LOAN FUNDS: Anyone who wrongfully misapplies any proceeds of the loan will be civilly liable to
SBA for one and one- half times the proceeds disbursed, in addition to other remedies allowed by law.
10. BORROWER’S NAME(S) AND SIGNATURE(S): By signing below, each individual or entity acknowledges and
accepts personal obligation and full liability under the Note as Borrower.

Dituri Construction LLC
{{0_SH}}
Eric Shibley, Owner/Officer

Page 3 of 3
SBA FORM 147 B (5-00)

DOJ-01-0000003721


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SBA Loan #7947867903

Application #3304338608

SECURITY AGREEMENT

Read this document carefully. It grants the SBA a security interest (lien) in all
the property described in paragraph 4.
This document is predated. DO NOT CHANGE THE DATE ON THIS
DOCUMENT.

DOJ-01-0000003722


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SBA Loan #7947867903

Application #3304338608

U.S. Small Business Administration

SECURITY AGREEMENT

SBA Loan #:

7947867903

Borrower:

Dituri Construction LLC

Secured Party:

The Small Business Administration, an Agency of the U.S. Government

Date:

06.17.2020

Note Amount:

$115,000.00

1.

DEFINITIONS.
Unless otherwise specified, all terms used in this Agreement will have the meanings ascribed to them under the
Official Text of the Uniform Commercial Code, as it may be amended from time to time, (“UCC”). “SBA”
means the Small Business Administration, an Agency of the U.S. Government.

2.

GRANT OF SECURITY INTEREST.
For value received, the Borrower grants to the Secured Party a security interest in the property described below
in paragraph 4 (the “Collateral”).

3.

OBLIGATIONS SECURED.
This Agreement secures the payment and performance of: (a) all obligations under a Note dated 06.17.2020,
made by Dituri Construction LLC , made payable to Secured Lender, in the amount of $115,000.00 (“Note”),
including all costs and expenses (including reasonable attorney’s fees), incurred by Secured Party in the
disbursement, administration and collection of the loan evidenced by the Note; (b) all costs and expenses
(including reasonable attorney’s fees), incurred by Secured Party in the protection, maintenance and
enforcement of the security interest hereby granted; (c) all obligations of the Borrower in any other agreement
relating to the Note; and (d) any modifications, renewals, refinancings, or extensions of the foregoing
obligations.

4.

COLLATERAL DESCRIPTION.
The Collateral in which this security interest is granted includes the following property that Borrower now owns
or shall acquire or create immediately upon the acquisition or creation thereof: all tangible

Page 2 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

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and intangible personal property, including, but not limited to: (a) inventory, (b) equipment, (c) instruments,
including promissory notes (d) chattel paper, including tangible chattel paper and electronic chattel paper, (e)
documents, (f) letter of credit rights, (g) accounts, including health-care insurance receivables and credit card
receivables, (h) deposit accounts, (i) commercial tort claims, (j) general intangibles, including payment intangibles
and software and (k) as-extracted collateral as such terms may from time to time be defined in the Uniform
Commercial Code. The security interest Borrower grants includes all accessions, attachments, accessories,
parts, supplies and replacements for the Collateral, all products, proceeds and collections thereof and all records
and data relating thereto.
5.

RESTRICTIONS ON COLLATERAL TRANSFER.
Borrower will not sell, lease, license or otherwise transfer (including by granting security interests, liens, or
other encumbrances in) all or any part of the Collateral or Borrower’s interest in the Collateral without Secured
Party’s written or electronically communicated approval, except that Borrower may sell inventory in the
ordinary course of business on customary terms. Borrower may collect and use amounts due on accounts and
other rights to payment arising or created in the ordinary course of business, until notified otherwise by Secured
Party in writing or by electronic communication.

6.

MAINTENANCE AND LOCATION OF COLLATERAL; INSPECTION; INSURANCE.
Borrower must promptly notify Secured Party by written or electronic communication of any change in location
of the Collateral, specifying the new location. Borrower hereby grants to Secured Party the right to inspect the
Collateral at all reasonable times and upon reasonable notice. Borrower must: (a) maintain the Collateral in
good condition; (b) pay promptly all taxes, judgments, or charges of any kind levied or assessed thereon; (c)
keep current all rent or mortgage payments due, if any, on premises where the Collateral is located; and (d)
maintain hazard insurance on the Collateral, with an insurance company and in an amount approved by Secured
Party (but in no event less than the replacement cost of that Collateral), and including such terms as Secured
Party may require including a Lender’s Loss Payable Clause in favor of Secured Party. Borrower hereby assigns
to Secured Party any proceeds of such policies and all unearned premiums thereon and authorizes and empowers
Secured Party to collect such sums and to execute and endorse in Borrower’s name all proofs of loss, drafts,
checks and any other documents necessary for Secured Party to obtain such payments.

7.

CHANGES TO BORROWER’S LEGAL STRUCTURE, PLACE OF BUSINESS, JURISDICTION
OF ORGANIZATION, OR NAME.
Borrower must notify Secured Party by written or electronic communication not less than 30 days before taking
any of the following actions: (a) changing or reorganizing the type of organization or form under which it does
business; (b) moving, changing its place of business or adding a place of business; (c) changing its jurisdiction
of organization; or (d) changing its name. Borrower will pay for the preparation and filing of all documents
Secured Party deems necessary to maintain, perfect and continue the perfection of Secured Party’s security
interest in the event of any such change.

8.

PERFECTION OF SECURITY INTEREST.
Borrower consents, without further notice, to Secured Party’s filing or recording of any documents necessary to
perfect, continue, amend or terminate its security interest. Upon request of Secured Party, Borrower must sign or
otherwise authenticate all documents that Secured Party deems necessary at any time to allow Secured Party to
acquire, perfect, continue or amend its security interest in the Collateral. Borrower will pay the filing and recording
costs of any documents relating to Secured Party’s security interest. Borrower ratifies all previous filings and
recordings, including financing statements and

Page 3 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003724


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 23 of 246
DocuSign Envelope ID: BD1C2426-2ED2-4142-98C3-97EC327AB7A6

Doc # L-01-6065193-01

SBA Loan #7947867903

Application #3304338608

notations on certificates of title. Borrower will cooperate with Secured Party in obtaining a Control Agreement
satisfactory to Secured Party with respect to any Deposit Accounts or Investment Property, or in otherwise obtaining
control or possession of that or any other Collateral.
9.

DEFAULT.
Borrower is in default under this Agreement if: (a) Borrower fails to pay, perform or otherwise comply with any
provision of this Agreement; (b) Borrower makes any materially false representation, warranty or certification
in, or in connection with, this Agreement, the Note, or any other agreement related to the Note or this
Agreement; (c) another secured party or judgment creditor exercises its rights against the Collateral; or (d) an
event defined as a “default” under the Obligations occurs. In the event of default and if Secured Party requests,
Borrower must assemble and make available all Collateral at a place and time designated by Secured Party.
Upon default and at any time thereafter, Secured Party may declare all Obligations secured hereby immediately
due and payable, and, in its sole discretion, may proceed to enforce payment of same and exercise any of the
rights and remedies available to a secured party by law including those available to it under Article 9 of the
UCC that is in effect in the jurisdiction where Borrower or the Collateral is located. Unless otherwise required
under applicable law, Secured Party has no obligation to clean or otherwise prepare the Collateral for sale or
other disposition and Borrower waives any right it may have to require Secured Party to enforce the security
interest or payment or performance of the Obligations against any other person.

10.

FEDERAL RIGHTS.
When SBA is the holder of the Note, this Agreement will be construed and enforced under federal law,
including SBA regulations. Secured Party or SBA may use state or local procedures for filing papers, recording
documents, giving notice, enforcing security interests or liens, and for any other purposes. By using such
procedures, SBA does not waive any federal immunity from state or local control, penalty, tax or liability. As to
this Agreement, Borrower may not claim or assert any local or state law against SBA to deny any obligation,
defeat any claim of SBA, or preempt federal law.

11.

GOVERNING LAW.
Unless SBA is the holder of the Note, in which case federal law will govern, Borrower and Secured Party agree
that this Agreement will be governed by the laws of the jurisdiction where the Borrower is located, including the
UCC as in effect in such jurisdiction and without reference to its conflicts of laws principles.

12.

SECURED PARTY RIGHTS.
All rights conferred in this Agreement on Secured Party are in addition to those granted to it by law, and all
rights are cumulative and may be exercised simultaneously. Failure of Secured Party to enforce any rights or
remedies will not constitute an estoppel or waiver of Secured Party’s ability to exercise such rights or remedies.
Unless otherwise required under applicable law, Secured Party is not liable for any loss or damage to Collateral
in its possession or under its control, nor will such loss or damage reduce or discharge the Obligations that are
due, even if Secured Party’s actions or inactions caused or in any way contributed to such loss or damage.

13.

SEVERABILITY.
If any provision of this Agreement is unenforceable, all other provisions remain in effect.

Page 4 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003725


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 24 of 246
DocuSign Envelope ID: BD1C2426-2ED2-4142-98C3-97EC327AB7A6

Doc # L-01-6065193-01

SBA Loan #7947867903

14.

Application #3304338608

BORROWER CERTIFICATIONS.
Borrower certifies that: (a) its Name (or Names) as stated above is correct; (b) all Collateral is owned or titled in
the Borrower’s name and not in the name of any other organization or individual; (c) Borrower has the legal
authority to grant the security interest in the Collateral; (d) Borrower’s ownership in or title to the Collateral is
free of all adverse claims, liens, or security interests (unless expressly permitted by Secured Party); (e) none of
the Obligations are or will be primarily for personal, family or household purposes; (f) none of the Collateral is
or will be used, or has been or will be bought primarily for personal, family or household purposes; (g)
Borrower has read and understands the meaning and effect of all terms of this Agreement.

15.

BORROWER NAME(S) AND SIGNATURE(S).
By signing or otherwise authenticating below, each individual and each organization becomes jointly and
severally obligated as a Borrower under this Agreement.

Dituri Construction LLC

{{0_SH}}

Date:

06.17.2020

Eric Shibley, Owner/Officer

Page 5 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003726


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 25 of 246

DOJ-04-0000012757


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 26 of 246

ACH Payment Path Report: Shibley 11-18-2020
Payment path specific to Dituri Construction LL for Small Business Administration ACH payment dated
06/19/2020 issued under Payee identification number 7947867903:
Small Business Administration (ALC 73000001) located in Denver, Colorado, created and certified the
payment file and transmitted the file to the U.S. Treasury data processing site located in KROC in Kansas
City, Missouri.
A computer operator at the U.S. Treasury disbursing office located in Kansas City, Missouri, retrieved the
payment file from the data center and performed payment operations to complete processing of the
file.
The Automated Clearing House (ACH) payment file was transmitted to the Federal Reserve Bank (FRB)
ACH processing site located in East Rutherford, New Jersey.
The FRB ACH system processed the payment file and sorted specific payment transactions based upon
the routing and transit number (RTN 3250-8180-5) of the receiving financial institution, Verity Credit
Union, located in Seattle, Washington.

1|Page
Source: PACER (Payments, Claims, and Enhanced Reconciliation) On-Line/Digital Check Imaging (POL)
functions as an on-line shared database that supports the Bureau of the Fiscal Service Regional Financial
Centers’ (RFC) accounting and claim processes.

DOJ-04-0000012377


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 27 of 246

ACH Payment Path Report: Shibley 11-18-2020

2|Page
Source: PACER (Payments, Claims, and Enhanced Reconciliation) On-Line/Digital Check Imaging (POL)
functions as an on-line shared database that supports the Bureau of the Fiscal Service Regional Financial
Centers’ (RFC) accounting and claim processes.

DOJ-04-0000012378


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page
246
U.S. 28
v. of
Shibley
Rapid Intake Form Data Lookup
Application #

Name
Business Name
IP Address
OIG Agent

3304338551
Eric Shibley
SS1 LLC
2603:3023:31a:1000:f8de:1b71:b927:b446
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

Radio

Yes

CR20-174 JCC
Government Exhibit No. 28
Admitted ________________

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.
1

Eligible Entity Verification

6/7/20 5:46 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

6/7/20 5:46 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

6/7/20 5:46 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through the
sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

6/7/20 5:46 PM

5

Applicant does not derive more than one-third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

6/7/20 5:46 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

6/7/20 5:46 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

6/7/20 5:46 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

SS1 LLC

6/7/20 5:46 PM

9

Trade Name *

Text

Yes

SS1 LLC

6/7/20 5:46 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

6/7/20 5:46 PM

12

Is the Applicant a Non-Profit Organization? *

Radio

Yes

No

6/7/20 5:46 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

6/7/20 5:46 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$850,000

6/7/20 5:46 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$600,000

6/7/20 5:46 PM

16

Rental Properties (Residential and Commercial) Only - Lost Rents Due to the Disaster

Text

No

NULL

6/7/20 5:46 PM

17

Non-Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

6/7/20 5:46 PM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

6/7/20 5:46 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

6/7/20 5:46 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th ave SW

6/7/20 5:46 PM

21

City *

Text

Yes

Seattle

6/7/20 5:46 PM

22

State *

Picklist

Yes

WA

6/7/20 5:46 PM

23

County

Text

No

King

6/7/20 5:46 PM

24

Zip *

Text

Yes

98126

6/7/20 5:46 PM

25

Business Phone *

Text

Yes

(206)-838-4291

6/7/20 5:46 PM

26

Alternative Business Phone

Text

Yes

0

6/7/20 5:46 PM

27

Business Fax

Text

No

(206)-260-1412

6/7/20 5:46 PM

28

Business Email *

Text

Yes

shibley98126@gmail.com

6/7/20 5:46 PM

29

Date Business Established *

Date

Yes

10/3/2017

6/7/20 5:46 PM

30

Current Ownership Since *

Date

Yes

10/3/2017

6/7/20 5:46 PM

31

Business Activity *

Picklist

Yes

ConstructionContractors

6/7/20 5:46 PM

32

Detailed Business Activity*

Picklist

Yes

ConstructionContractors

6/7/20 5:46 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

41

6/7/20 5:46 PM

Radio

Yes

No

6/7/20 5:46 PM

7509

6/7/20 5:46 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

Header: Business Applicant Parent Entity

DOJ-01-0000003842


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 29 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

35

Legal Name *

Text

Yes

NULL

6/7/20 5:46 PM

36

Street Address *

Text

Yes

NULL

6/7/20 5:46 PM

37

City *

Text

Yes

NULL

6/7/20 5:46 PM

38

State *

Picklist

Yes

NULL

6/7/20 5:46 PM

39

EIN *

Text

Yes

NULL

6/7/20 5:46 PM

40

ZIP *

Text

Yes

NULL

6/7/20 5:46 PM

41

Business Phone *

Text

Yes

NULL

6/7/20 5:46 PM

42

Business Email *

Text

Yes

NULL

6/7/20 5:46 PM

43

Business Type *

Picklist

Yes

NULL

6/7/20 5:46 PM

44

Ownership Percent *

Text

Yes

NULL

6/7/20 5:46 PM

Header: Individual Owner(s)
Header: Owner 1
45-a

First Name *

Text

Yes

Eric

6/7/20 5:46 PM

46-a

Last Name *

Text

Yes

Shibley

6/7/20 5:46 PM

47-a

Mobile Phone *

Text

Yes

(206)-771-7868

6/7/20 5:46 PM

48-a

Title / Office *

Picklist

Yes

Manager

6/7/20 5:46 PM

49-a

Ownership Percent *

Text

Yes

100

6/7/20 5:46 PM

50-a

Email *

Text

Yes

shibleenyc@yahoo.com

6/7/20 5:46 PM

51-a

SSN *

Text

Yes

-5264

6/7/20 5:46 PM

52-a

Birth Date *

Date

Yes

1978

6/7/20 5:46 PM

53-a

Place Of Birth

Text

No

0

6/7/20 5:46 PM

54-a

U.S. Citizen *

Radio

Yes

Yes

6/7/20 5:46 PM

55-a

Residential Street Address *

Text

Yes

4700 36th ave SW

6/7/20 5:46 PM

56-a

City *

Text

Yes

Seattle

6/7/20 5:46 PM

57-a

State *

Picklist

Yes

WA

6/7/20 5:46 PM

58-a

Zip *

Text

Yes

98126

6/7/20 5:46 PM

Header: Owner 2
45-b

First Name *

Text

Yes

NULL

6/7/20 5:46 PM

46-b

Last Name *

Text

Yes

NULL

6/7/20 5:46 PM

47-b

Mobile Phone *

Text

Yes

NULL

6/7/20 5:46 PM

48-b

Title / Office *

Picklist

Yes

NULL

6/7/20 5:46 PM

49-b

Ownership Percent *

Text

Yes

NULL

6/7/20 5:46 PM

50-b

Email *

Text

Yes

NULL

6/7/20 5:46 PM

51-b

SSN *

Text

Yes

NULL

6/7/20 5:46 PM

52-b

Birth Date *

Date

Yes

NULL

6/7/20 5:46 PM

53-b

Place Of Birth

Text

No

NULL

6/7/20 5:46 PM

54-b

U.S. Citizen *

Radio

Yes

NULL

6/7/20 5:46 PM

55-b

Residential Street Address *

Text

Yes

NULL

6/7/20 5:46 PM

56-b

City *

Text

Yes

NULL

6/7/20 5:46 PM

57-b

State *

Picklist

Yes

NULL

6/7/20 5:46 PM

58-b

Zip *

Text

Yes

NULL

6/7/20 5:46 PM

Radio

Yes

No

6/7/20 5:46 PM

PAGE 4
Header: Additional Information

59

In the past year, has the business or a listed owner been convicted of a felony committed during and in connection with a riot
or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or service
that has been determined to be obscene by a court of competent jurisdiction?

DOJ-01-0000003843


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 30 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

6/7/20 5:46 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Within the last 5 years, for any felony, have you ever been convicted, plead guilty, plead nolo contendere, been placed on
pretrial diversion, or been placed on any form of parole or probation (including probation before judgment)?

Radio

Yes

No

6/7/20 5:46 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

6/7/20 5:46 PM

63

Name of Company

Text

No

NULL

6/7/20 5:46 PM

64

Phone Number

Text

No

0

6/7/20 5:46 PM

65

Street Address, City, State, Zip

Text

No

NULL

6/7/20 5:46 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

6/7/20 5:46 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

6/7/20 5:46 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

6/7/20 5:46 PM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Verity Credit union

6/7/20 5:46 PM

70

Account Number *

Text

Yes

7435330

6/7/20 5:46 PM

71

Routing Number *

Text

Yes

325081885

6/7/20 5:46 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

6/7/20 5:46 PM

Checkbox*

Yes

1

6/7/20 5:46 PM

Button

Yes

1

6/7/20 5:46 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:
On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003844


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 31 of 246

DOJ-01-0000003836


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 32 of 246
6/23/2020

SS1 LLC - 6065163 - Bank Accounts - U.S. Small Business Administration CALC Application
Hello, Kathleen Littwin (/Account/Manage) (SBA Support)! |

Admin panel (/Administration)

Existing Deals (/)

()

Request help () | Log o

(/Account/LogO )

Tasks (https://rapidsba2.sba.gov)

Home (/) / Application (/Lead?leadId=6065163) / Rapid Decision (/Calculator?leadId=6065163) / Bank Account

Bank Account

Account Type

Account Number Routing Number

Checking

7435330

325081885

Name Of Bank

Name On Account

Account
Status

Account
Ownership
Status

Verity Credit union

SS1 LLC

Cannot Verify

Cannot
Authenticate

SBA O ce of Disaster Assistance | 1-800-659-2955 | 409 3rd St, SW. Washington, DC 20416

https://rapidsba1.sba.gov/VoidedChecks?leadId=6065163

1/1

DOJ-01-0000003789


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 33 of 246
DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

SBA Loan #7958187906

Doc # L-01-6065163-01
Application #3304338551

LOAN AUTHORIZATION AND AGREEMENT (LA&A)
A PROPERLY SIGNED DOCUMENT IS
REQUIRED PRIOR TO ANY
DISBURSEMENT
CAREFULLY READ THE LA&A:
This document describes the terms and conditions of your loan. It is your responsibility to comply with
ALL the terms and conditions of your loan.

SIGNING THE LA&A:
All borrowers must sign the LA&A.
· Sign your name exactly as it appears on the LA&A. If typed incorrectly, you should sign
with the correct spelling.
· If your middle initial appears on the signature line, sign with your middle initial.
· If a suffix appears on the signature line, such as Sr. or Jr., sign with your suffix.
· Corporate Signatories: Authorized representatives should sign the signature page.
Your signature represents your agreement to comply
with the terms and conditions of the loan.

Ref 50 30

DOJ-01-0000003817


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 34 of 246
DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

U.S. Small Business Administration
Economic Injury Disaster Loan

LOAN AUTHORIZATION AND AGREEMENT
Date: 06.17.2020 (Effective Date)
On the above date, this Administration (SBA) authorized (under Section 7(b) of the Small Business Act, as amended) a Loan
(SBA Loan #7958187906) to SS1 LLC (Borrower) of 4700 36th ave SW Seattle Washington 98126 in the amount of one
hundred and fifteen thousand and 00/100 Dollars ($115,000.00), upon the following conditions:
PAYMENT
·

Installment payments, including principal and interest, of $561.00 Monthly, will begin Twelve (12) months
from the date of the promissory Note. The balance of principal and interest will be payable Thirty (30) years
from the date of the promissory Note.

INTEREST
·

Interest will accrue at the rate of 3.75% per annum and will accrue only on funds actually advanced from the
date(s) of each advance.

PAYMENT TERMS
·

Each payment will be applied first to interest accrued to the date of receipt of each payment, and the balance, if
any, will be applied to principal.

·

Each payment will be made when due even if at that time the full amount of the Loan has not yet been advanced
or the authorized amount of the Loan has been reduced.

COLLATERAL
·

For loan amounts of greater than $25,000, Borrower hereby grants to SBA, the secured party hereunder, a
continuing security interest in and to any and all “Collateral” as described herein to secure payment and
performance of all debts, liabilities and obligations of Borrower to SBA hereunder without limitation, including
but not limited to all interest, other fees and expenses (all hereinafter called “Obligations”). The Collateral
includes the following property that Borrower now owns or shall acquire or create immediately upon the
acquisition or creation thereof: all tangible and intangible personal property, including, but not limited to: (a)
inventory, (b) equipment, (c) instruments, including promissory notes (d) chattel paper, including tangible
chattel paper and electronic chattel paper, (e) documents, (f) letter of credit rights, (g) accounts, including
health-care insurance receivables and credit card receivables, (h) deposit accounts, (i) commercial tort claims, (j)
general intangibles, including payment intangibles and software and (k) as-extracted collateral as such terms
may from time to time be defined in the Uniform Commercial Code. The security interest Borrower grants
includes all accessions, attachments, accessories, parts, supplies and replacements for the Collateral, all
products, proceeds and collections thereof and all records and data relating thereto.

·

For loan amounts of $25,000 or less, SBA is not taking a security interest in any collateral.

Page 2 of 11
SBA Form 1391 (5-00)

Ref 50 30

DOJ-01-0000003818


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 35 of 246
DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

REQUIREMENTS RELATIVE TO COLLATERAL
·

Borrower will not sell or transfer any collateral (except normal inventory turnover in the ordinary course of
business) described in the "Collateral" paragraph hereof without the prior written consent of SBA.

·

Borrower will neither seek nor accept future advances under any superior liens on the collateral securing this
Loan without the prior written consent of SBA.

USE OF LOAN PROCEEDS
·

Borrower will use all the proceeds of this Loan solely as working capital to alleviate economic injury caused by
disaster occurring in the month of January 31, 2020 and continuing thereafter and to pay Uniform Commercial
Code (UCC) lien filing fees and a third-party UCC handling charge of $100 which will be deducted from the
Loan amount stated above.

REQUIREMENTS FOR USE OF LOAN PROCEEDS AND RECEIPTS
·

Borrower will obtain and itemize receipts (paid receipts, paid invoices or cancelled checks) and contracts for all
Loan funds spent and retain these receipts for 3 years from the date of the final disbursement. Prior to each
subsequent disbursement (if any) and whenever requested by SBA, Borrower will submit to SBA such
itemization together with copies of the receipts.

·

Borrower will not use, directly or indirectly, any portion of the proceeds of this Loan to relocate without the
prior written permission of SBA. The law prohibits the use of any portion of the proceeds of this Loan for
voluntary relocation from the business area in which the disaster occurred. To request SBA's prior written
permission to relocate, Borrower will present to SBA the reasons therefore and a description or address of the
relocation site. Determinations of (1) whether a relocation is voluntary or otherwise, and (2) whether any site
other than the disaster-affected location is within the business area in which the disaster occurred, will be made
solely by SBA.

·

Borrower will, to the extent feasible, purchase only American-made equipment and products with the proceeds
of this Loan.

·

Borrower will make any request for a loan increase for additional disaster-related damages as soon as possible
after the need for a loan increase is discovered. The SBA will not consider a request for a loan increase received
more than two (2) years from the date of loan approval unless, in the sole discretion of the SBA, there are
extraordinary and unforeseeable circumstances beyond the control of the borrower.

DEADLINE FOR RETURN OF LOAN CLOSING DOCUMENTS
·

Borrower will sign and return the loan closing documents to SBA within 2 months of the date of this Loan
Authorization and Agreement. By notifying the Borrower in writing, SBA may cancel this Loan if the
Borrower fails to meet this requirement. The Borrower may submit and the SBA may, in its sole discretion,
accept documents after 2 months of the date of this Loan Authorization and Agreement.

COMPENSATION FROM OTHER SOURCES
·

Eligibility for this disaster Loan is limited to disaster losses that are not compensated by other sources.
Other sources include but are not limited to: (1) proceeds of policies of insurance or other indemnifications,
(2) grants or other reimbursement (including loans) from government agencies or private organizations, (3)

Page 3 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003819


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Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

claims for civil liability against other individuals, organizations or governmental entities, and (4) salvage
(including any sale or re-use) of items of damaged property.
·

Borrower will promptly notify SBA of the existence and status of any claim or application for such other
compensation, and of the receipt of any such compensation, and Borrower will promptly submit the proceeds
of same (not exceeding the outstanding balance of this Loan) to SBA.

·

Borrower hereby assigns to SBA the proceeds of any such compensation from other sources and authorizes the
payor of same to deliver said proceeds to SBA at such time and place as SBA shall designate.

·

SBA will in its sole discretion determine whether any such compensation from other sources is a duplication
of benefits. SBA will use the proceeds of any such duplication to reduce the outstanding balance of this Loan,
and Borrower agrees that such proceeds will not be applied in lieu of scheduled payments.

DUTY TO MAINTAIN HAZARD INSURANCE
·

Within 12 months from the date of this Loan Authorization and Agreement the Borrower will provide proof of
an active and in effect hazard insurance policy including fire, lightning, and extended coverage on all items used
to secure this loan to at least 80% of the insurable value. Borrower will not cancel such coverage and will
maintain such coverage throughout the entire term of this Loan. BORROWER MAY NOT BE ELIGIBLE
FOR EITHER ANY FUTURE DISASTER ASSISTANCE OR SBA FINANCIAL ASSISTANCE IF THIS
INSURANCE IS NOT MAINTAINED AS STIPULATED HEREIN THROUGHOUT THE ENTIRE
TERM OF THIS LOAN. Please submit proof of insurance to: U.S. Small Business Administration, Office of
Disaster Assistance, 14925 Kingsport Rd, Fort Worth, TX. 76155.

BOOKS AND RECORDS
·

Borrower will maintain current and proper books of account in a manner satisfactory to SBA for the most recent
5 years until 3 years after the date of maturity, including extensions, or the date this Loan is paid in full,
whichever occurs first. Such books will include Borrower's financial and operating statements, insurance
policies, tax returns and related filings, records of earnings distributed and dividends paid and records of
compensation to officers, directors, holders of 10% or more of Borrower's capital stock, members, partners and
proprietors.

·

Borrower authorizes SBA to make or cause to be made, at Borrower's expense and in such a manner and at such
times as SBA may require: (1) inspections and audits of any books, records and paper in the custody or control
of Borrower or others relating to Borrower's financial or business conditions, including the making of copies
thereof and extracts therefrom, and (2) inspections and appraisals of any of Borrower's assets.

·

Borrower will furnish to SBA, not later than 3 months following the expiration of Borrower's fiscal year and in
such form as SBA may require, Borrower's financial statements.

·

Upon written request of SBA, Borrower will accompany such statements with an 'Accountant's Review Report'
prepared by an independent public accountant at Borrower's expense.

·

Borrower authorizes all Federal, State and municipal authorities to furnish reports of examination, records and
other information relating to the conditions and affairs of Borrower and any desired information from such
reports, returns, files, and records of such authorities upon request of SBA.

Page 4 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003820


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

LIMITS ON DISTRIBUTION OF ASSETS
·

Borrower will not, without the prior written consent of SBA, make any distribution of Borrower’s assets, or give
any preferential treatment, make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise, to
any owner or partner or any of its employees, or to any company directly or indirectly controlling or affiliated
with or controlled by Borrower, or any other company.

EQUAL OPPORTUNITY REQUIREMENT
·

If Borrower has or intends to have employees, Borrower will post SBA Form 722, Equal Opportunity Poster
(copy attached), in Borrower's place of business where it will be clearly visible to employees, applicants for
employment, and the general public.

DISCLOSURE OF LOBBYING ACTIVITIES
·

Borrower agrees to the attached Certification Regarding Lobbying Activities

BORROWER’S CERTIFICATIONS
Borrower certifies that:
·

There has been no substantial adverse change in Borrower's financial condition (and organization, in case of a
business borrower) since the date of the application for this Loan. (Adverse changes include, but are not limited
to: judgment liens, tax liens, mechanic's liens, bankruptcy, financial reverses, arrest or conviction of felony, etc.)

·

No fees have been paid, directly or indirectly, to any representative (attorney, accountant, etc.) for services
provided or to be provided in connection with applying for or closing this Loan, other than those reported on
SBA Form 5 Business Disaster Loan Application'; SBA Form 3501 COVID-19 Economic Injury Disaster Loan
Application; or SBA Form 159, 'Compensation Agreement'. All fees not approved by SBA are prohibited.

·

All representations in the Borrower's Loan application (including all supplementary submissions) are true,
correct and complete and are offered to induce SBA to make this Loan.

·

No claim or application for any other compensation for disaster losses has been submitted to or requested of
any source, and no such other compensation has been received, other than that which Borrower has fully
disclosed to SBA.

·

Neither the Borrower nor, if the Borrower is a business, any principal who owns at least 50% of the Borrower,
is delinquent more than 60 days under the terms of any: (a) administrative order; (b) court order; or (c)
repayment agreement that requires payment of child support.

·

Borrower certifies that no fees have been paid, directly or indirectly, to any representative (attorney,
accountant, etc.) for services provided or to be provided in connection with applying for or closing this
Loan, other than those reported on the Loan Application. All fees not approved by SBA are prohibited.
If an Applicant chooses to employ an Agent, the compensation an Agent charges to and that is paid by
the Applicant must bear a necessary and reasonable relationship to the services actually performed and must
be comparable to those charged by other Agents in the geographical area. Compensation cannot be
contingent on loan approval. In addition, compensation must not include any expenses which are deemed
by SBA to be unreasonable for services actually performed or expenses actually incurred. Compensation
must not include

Page 5 of 11
SBA Form 1391 (5-00)

Ref 50 30

DOJ-01-0000003821


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

charges prohibited in 13 CFR 103 or SOP 50-30, Appendix 1. If the compensation exceeds $500 for a
disaster home loan or $2,500 for a disaster business loan, Borrower must fill out the Compensation
Agreement Form 159D which will be provided for Borrower upon request or can be found on the
SBA website.
·

Borrower certifies, to the best of its, his or her knowledge and belief, that the certifications and representations
in the attached Certification Regarding Lobbying are true, correct and complete and are offered to induce SBA
to make this Loan.

CIVIL AND CRIMINAL PENALTIES
·

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 half times 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, 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.

RESULT OF VIOLATION OF THIS LOAN AUTHORIZATION AND AGREEMENT
·

If Borrower violates any of the terms or conditions of this Loan Authorization and Agreement, the Loan will be
in default and SBA may declare all or any part of the indebtedness immediately due and payable. SBA's failure
to exercise its rights under this paragraph will not constitute a waiver.

·

A default (or any violation of any of the terms and conditions) of any SBA Loan(s) to Borrower and/or its
affiliates will be considered a default of all such Loan(s).

DISBURSEMENT OF THE LOAN
·

Disbursements will be made by and at the discretion of SBA Counsel, in accordance with this Loan
Authorization and Agreement and the general requirements of SBA.

·

Disbursements may be made in increments as needed.

·

Other conditions may be imposed by SBA pursuant to general requirements of SBA.

·

Disbursement may be withheld if, in SBA's sole discretion, there has been an adverse change in Borrower's
financial condition or in any other material fact represented in the Loan application, or if Borrower fails to
meet any of the terms or conditions of this Loan Authorization and Agreement.

·

NO DISBURSEMENT WILL BE MADE LATER THAN 6 MONTHS FROM THE DATE OF THIS
LOAN AUTHORIZATION AND AGREEMENT UNLESS SBA, IN ITS SOLE DISCRETION,
EXTENDS THIS DISBURSEMENT PERIOD.

Page 6 of 11
SBA Form 1391 (5-00)

Ref 50 30

DOJ-01-0000003822


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

PARTIES AFFECTED
·

This Loan Authorization and Agreement will be binding upon Borrower and Borrower's successors and
assigns and will inure to the benefit of SBA and its successors and assigns.

RESOLUTION OF BOARD OF DIRECTORS
·

Borrower shall, within 180 days of receiving any disbursement of this Loan, submit the appropriate SBA
Certificate and/or Resolution to the U.S. Small Business Administration, Office of Disaster Assistance, 14925
Kingsport Rd, Fort Worth, TX. 76155.

ENFORCEABILITY
·

This Loan Authorization and Agreement is legally binding, enforceable and approved upon Borrower’s
signature, the SBA’s approval and the Loan Proceeds being issued to Borrower by a government issued check or
by electronic debit of the Loan Proceeds to Borrower’ banking account provided by Borrower in application for
this Loan.

James E. Rivera
Associate Administrator
U.S. Small Business Administration
The undersigned agree(s) to be bound by the terms and conditions herein during the term of this Loan, and further agree(s)
that no provision stated herein will be waived without prior written consent of SBA. Under penalty of perjury of the
United States of America, I hereby certify that I am authorized to apply for and obtain a disaster loan on behalf of
Borrower, in connection with the effects of the COVID-19 emergency.
SS1 LLC
{{0_SH}}
Date:

06.17.2020

Eric Shibley, Owner/Officer
Note: Corporate Borrowers must execute Loan Authorization and Agreement in corporate name, by a duly authorized
officer. Partnership Borrowers must execute in firm name, together with signature of a general partner. Limited Liability
entities must execute in the entity name by the signature of the authorized managing person.

Page 7 of 11
SBA Form 1391 (5-00)

Ref 50 30

DOJ-01-0000003823


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

CERTIFICATION REGARDING LOBBYING
For loans over $150,000, Congress requires recipients to agree to
the following:
1. Appropriated funds may NOT be used for lobbying.
2. Payment of non-federal funds for lobbying must be reported on Form
SF-LLL.
3. Language of this certification must be incorporated into all
contracts and subcontracts exceeding $100,000.
4. All contractors and subcontractors with contracts exceeding
$100,000 are required to certify and disclose accordingly.

Page 8 of 11
SBA Form 1391 (5-00)

DOJ-01-0000003824


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

CERTIFICATION REGARDING
LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
Borrower and all Guarantors (if any) certify, to the best of its, his or her knowledge and belief, that:

(1)

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, or modification of
any Federal contract, grant, loan, or cooperative agreement.

(2)

If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
loan, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants,
loans, and co-operative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00
for each such failure.

Page 9 of 11
SBA Form 1391 (5-00)

DOJ-01-0000003825


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

This Statement of Policy is Posted
In Accordance with Regulations of the

Small Business Administration
This Organization Practices

Equal Employment Opportunity
We do not discriminate on the ground of race, color, religion, sex, age, disability
or national origin in the hiring, retention, or promotion of employees; nor in
determining their rank, or the compensation or fringe benefits paid them.

This Organization Practices

Equal Treatment of Clients
We do not discriminate on the basis of race, color, religion, sex, marital status,
disability, age or national origin in services or accommodations offered or
provided to our employees, clients or guests.
These policies and this notice comply with regulations of the
United States Government.
Please report violations of this policy to:
Administrator
Small Business Administration
Washington, D.C. 20416
In order for the public and your employees to know their rights under 13 C.F.R Parts 112, 113, and 117, Small
Business Administration Regulations, and to conform with the directions of the Administrator of SBA, this poster
must be displayed where it is clearly visible to employees, applicants for employment, and the public.
Failure to display the poster as required in accordance with SBA Regulations may be considered evidence of
noncompliance and subject you to the penalties contained in those Regulations.

Page 10 of 11
SBA FORM 722 (10-02) REF: SOP 9030

PREVIOUS EDITIONS ARE OBSOLETE

U.S. GOVERNMENT PRINTING OFFICE: 1994 0- 153-346

This form was electronically produced by Elite Federal Inc.

DOJ-01-0000003826


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

Esta Declaración De Principios Se Publica
De Acuerdo Con Los Reglamentos De La

Agencia Federal Para el Desarrollo de la Pequeña Empresa
Esta Organización Practica

Igual Oportunidad De Empleo
No discriminamos por razón de raza, color, religión, sexo, edad, discapacidad o
nacionalidad en el empleo, retención o ascenso de personal ni en la determinación
de sus posiciones, salarios o beneficios marginales.
Esta Organización Practica

Igualdad En El Trato A Su Clientela
No discriminamos por razón de raza, color, religión, sexo, estado civil,
edad, discapacidad o nacionalidad en los servicios o facilidades provistos para
nuestros empleados, clientes o visitantes.
Estos principios y este aviso cumplen con los reglamentos del Gobierno
de los Estados Unidos de América.
Favor de informar violaciones a lo aquí indicado a:
Administrador
Agencia Federal Para el Desarrollo de la
Pequeña Empresa
Washington, D.C. 20416
A fin de que el público y sus empleados conozcan sus derechos según lo expresado en las Secciones 112,
113 y 117 del Código de Regulaciaones Federales No. 13, de los Reglamentos de la Agencja Federal Para
el Desarrollo de la Pequeña Empresa y de acuerdo con las instrucciones del Administrador de dicha
agencia,
esta notificación debe fijarse en un lugar claramente visible para los empleados, solicitantes de empleo y
público en general. No fijar esta notificación según lo requerido por los reglamentos de la Agencia Federal
Para el Desarrollo de la Pequeña Empresa, puede ser interpretado como evidencia de falta de cumplimiento
de los mismos y conllevará la ejecución de los castigos impuestos en estos reglamentos.

Page 11 of 11
SBA FORM 722 (10-02) REF: SOP 9030

PREVIOUS EDITIONS ARE OBSOLETE

U.S. GOVERNMENT PRINTING OFFICE: 1994 0- 153-346

This form was electronically produced by Elite Federal Inc.

DOJ-01-0000003827


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 44 of 246

DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-0

SBA Loan #7958187906

Application #3304338551

NOTE
A PROPERLY SIGNED NOTE IS
REQUIRED PRIOR TO ANY
DISBURSEMENT

CAREFULLY READ THE NOTE: It is your promise to repay the loan.
·
·
·

The Note is pre-dated. DO NOT CHANGE THE DATE OF THE NOTE.
LOAN PAYMENTS will be due as stated in the Note.
ANY CORRECTIONS OR UNAUTHORIZED MARKS MAY VOID THIS
DOCUMENT.

SIGNING THE NOTE: All borrowers must sign the Note.
·
·
·
·

Sign your name exactly as it appears on the Note. If typed incorrectly, you should sign
with the correct spelling.
If your middle initial appears on the signature line, sign with your middle initial.
If a suffix appears on the signature line, such as Sr. or Jr., sign with your suffix.
Corporate Signatories: Authorized representatives should sign the signature page.

DOJ-01-0000003828


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

U.S. Small Business Administration

Date: 06.17.2020

NOTE

Loan Amount: $115,000.00

(SECURED DISASTER LOANS)

Annual Interest Rate: 3.75%

SBA Loan # 7958187906

Application #3304338551

1.

PROMISE TO PAY: In return for a loan, Borrower promises to pay to the order of SBA the amount of one
hundred and fifteen thousand and 00/100 Dollars ($115,000.00), interest on the unpaid principal balance, and all
other amounts required by this Note.

2.

DEFINITIONS: A) “Collateral” means any property taken as security for payment of this Note or any guarantee of
this Note. B) “Guarantor” means each person or entity that signs a guarantee of payment of this Note. C) “Loan
Documents” means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges
collateral.

3.

PAYMENT TERMS: Borrower must make all payments at the place SBA designates. Borrower may prepay this
Note in part or in full at any time, without notice or penalty. Borrower must pay principal and interest payments of
$561.00 every month beginning Twelve (12) months from the date of the Note. SBA will apply each installment
payment first to pay interest accrued to the day SBA receives the payment and will then apply any remaining balance
to reduce principal. All remaining principal and accrued interest is due and payable Thirty (30) years from the date
of the Note.

4.

DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note,
or if Borrower: A) Fails to comply with any provision of this Note, the Loan Authorization and Agreement, or other
Loan Documents; B) Defaults on any other SBA loan; C) Sells or otherwise transfers, or does not preserve or
account to SBA’s satisfaction for, any of the Collateral or its proceeds; D) Does not disclose, or anyone acting on
their behalf does not disclose, any material fact to SBA; E) Makes, or anyone acting on their behalf makes, a
materially false or misleading representation to SBA; F) Defaults on any loan or agreement with another creditor, if
SBA believes the default may materially affect Borrower’s ability to pay this Note; G) Fails to pay any taxes when
due; H) Becomes the subject of a proceeding under any bankruptcy or insolvency law; I) Has a receiver or liquidator
appointed for any part of their business or property; J) Makes an assignment for the benefit of creditors; K) Has any
adverse change in financial condition or business operation that SBA believes may materially affect Borrower’s
ability to pay this Note; L) Dies; M) Reorganizes, merges, consolidates, or otherwise changes ownership or business
structure without SBA’s prior written consent; or, N) Becomes the subject of a civil or criminal action that SBA
believes may materially affect Borrower’s ability to pay this Note.

5.

SBA’S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights,
SBA may: A) Require immediate payment of all amounts owing under this Note; B) Have recourse to collect all
amounts owing from any Borrower or Guarantor (if any); C) File suit and obtain judgment; D) Take possession of
any Collateral; or E) Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without
advertisement.

6. SBA’S GENERAL POWERS: Without notice and without Borrower’s consent, SBA may: A) Bid on or buy the
Collateral at its sale or the sale of another lienholder, at any price it chooses; B) Collect amounts due under this Note,
enforce the terms of this Note or any other Loan Document, and preserve or dispose of the Collateral. Among other
things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental
remediation costs, and reasonable attorney’s fees and costs. If SBA incurs such expenses, it may demand immediate
reimbursement from Borrower or add the expenses to the principal balance; C) Release anyone obligated to pay this
Note; D) Compromise, release, renew, extend or substitute any of the Collateral; and E) Take any action necessary to
protect the Collateral or collect amounts owing on this Note.

Page 2 of 3
SBA FORM 147 B (5-00)

DOJ-01-0000003829


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DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

7.

FEDERAL LAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law,
including SBA regulations. SBA may use state or local procedures for filing papers, recording documents, giving
notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity
from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA
any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law.

8.

GENERAL PROVISIONS: A) All individuals and entities signing this Note are jointly and severally liable. B)
Borrower waives all suretyship defenses. C) Borrower must sign all documents required at any time to comply with
the Loan Documents and to enable SBA to acquire, perfect, or maintain SBA’s liens on Collateral. D) SBA may
exercise any of its rights separately or together, as many times and in any order it chooses. SBA may delay or forgo
enforcing any of its rights without giving up any of them. E) Borrower may not use an oral statement of SBA to
contradict or alter the written terms of this Note. F) If any part of this Note is unenforceable, all other parts remain in
effect. G) To the extent allowed by law, Borrower waives all demands and notices in connection with this Note,
including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any
claim that SBA did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale. H) SBA may sell or otherwise transfer this
Note.

9. MISUSE OF LOAN FUNDS: Anyone who wrongfully misapplies any proceeds of the loan will be civilly liable to
SBA for one and one- half times the proceeds disbursed, in addition to other remedies allowed by law.
10. BORROWER’S NAME(S) AND SIGNATURE(S): By signing below, each individual or entity acknowledges and
accepts personal obligation and full liability under the Note as Borrower.

SS1 LLC
{{0_SH}}
Eric Shibley, Owner/Officer

Page 3 of 3
SBA FORM 147 B (5-00)

DOJ-01-0000003830


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 47 of 246

DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-0

SBA Loan #7958187906

Application #3304338551

SECURITY AGREEMENT

Read this document carefully. It grants the SBA a security interest (lien) in all
the property described in paragraph 4.
This document is predated. DO NOT CHANGE THE DATE ON THIS
DOCUMENT.

DOJ-01-0000003831


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 48 of 246
DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

U.S. Small Business Administration

SECURITY AGREEMENT

SBA Loan #:

7958187906

Borrower:

SS1 LLC

Secured Party:

The Small Business Administration, an Agency of the U.S. Government

Date:

06.17.2020

Note Amount:

$115,000.00

1.

DEFINITIONS.
Unless otherwise specified, all terms used in this Agreement will have the meanings ascribed to them under the
Official Text of the Uniform Commercial Code, as it may be amended from time to time, (“UCC”). “SBA”
means the Small Business Administration, an Agency of the U.S. Government.

2.

GRANT OF SECURITY INTEREST.
For value received, the Borrower grants to the Secured Party a security interest in the property described below
in paragraph 4 (the “Collateral”).

3.

OBLIGATIONS SECURED.
This Agreement secures the payment and performance of: (a) all obligations under a Note dated 06.17.2020,
made by SS1 LLC , made payable to Secured Lender, in the amount of $115,000.00 (“Note”), including all costs
and expenses (including reasonable attorney’s fees), incurred by Secured Party in the disbursement,
administration and collection of the loan evidenced by the Note; (b) all costs and expenses (including reasonable
attorney’s fees), incurred by Secured Party in the protection, maintenance and enforcement of the security
interest hereby granted; (c) all obligations of the Borrower in any other agreement relating to the Note; and (d)
any modifications, renewals, refinancings, or extensions of the foregoing obligations.

4.

COLLATERAL DESCRIPTION.
The Collateral in which this security interest is granted includes the following property that Borrower now owns
or shall acquire or create immediately upon the acquisition or creation thereof: all tangible

Page 2 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003832


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 49 of 246
DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

and intangible personal property, including, but not limited to: (a) inventory, (b) equipment, (c) instruments,
including promissory notes (d) chattel paper, including tangible chattel paper and electronic chattel paper, (e)
documents, (f) letter of credit rights, (g) accounts, including health-care insurance receivables and credit card
receivables, (h) deposit accounts, (i) commercial tort claims, (j) general intangibles, including payment intangibles
and software and (k) as-extracted collateral as such terms may from time to time be defined in the Uniform
Commercial Code. The security interest Borrower grants includes all accessions, attachments, accessories,
parts, supplies and replacements for the Collateral, all products, proceeds and collections thereof and all records
and data relating thereto.
5.

RESTRICTIONS ON COLLATERAL TRANSFER.
Borrower will not sell, lease, license or otherwise transfer (including by granting security interests, liens, or
other encumbrances in) all or any part of the Collateral or Borrower’s interest in the Collateral without Secured
Party’s written or electronically communicated approval, except that Borrower may sell inventory in the
ordinary course of business on customary terms. Borrower may collect and use amounts due on accounts and
other rights to payment arising or created in the ordinary course of business, until notified otherwise by Secured
Party in writing or by electronic communication.

6.

MAINTENANCE AND LOCATION OF COLLATERAL; INSPECTION; INSURANCE.
Borrower must promptly notify Secured Party by written or electronic communication of any change in location
of the Collateral, specifying the new location. Borrower hereby grants to Secured Party the right to inspect the
Collateral at all reasonable times and upon reasonable notice. Borrower must: (a) maintain the Collateral in
good condition; (b) pay promptly all taxes, judgments, or charges of any kind levied or assessed thereon; (c)
keep current all rent or mortgage payments due, if any, on premises where the Collateral is located; and (d)
maintain hazard insurance on the Collateral, with an insurance company and in an amount approved by Secured
Party (but in no event less than the replacement cost of that Collateral), and including such terms as Secured
Party may require including a Lender’s Loss Payable Clause in favor of Secured Party. Borrower hereby assigns
to Secured Party any proceeds of such policies and all unearned premiums thereon and authorizes and empowers
Secured Party to collect such sums and to execute and endorse in Borrower’s name all proofs of loss, drafts,
checks and any other documents necessary for Secured Party to obtain such payments.

7.

CHANGES TO BORROWER’S LEGAL STRUCTURE, PLACE OF BUSINESS, JURISDICTION
OF ORGANIZATION, OR NAME.
Borrower must notify Secured Party by written or electronic communication not less than 30 days before taking
any of the following actions: (a) changing or reorganizing the type of organization or form under which it does
business; (b) moving, changing its place of business or adding a place of business; (c) changing its jurisdiction
of organization; or (d) changing its name. Borrower will pay for the preparation and filing of all documents
Secured Party deems necessary to maintain, perfect and continue the perfection of Secured Party’s security
interest in the event of any such change.

8.

PERFECTION OF SECURITY INTEREST.
Borrower consents, without further notice, to Secured Party’s filing or recording of any documents necessary to
perfect, continue, amend or terminate its security interest. Upon request of Secured Party, Borrower must sign or
otherwise authenticate all documents that Secured Party deems necessary at any time to allow Secured Party to
acquire, perfect, continue or amend its security interest in the Collateral. Borrower will pay the filing and recording
costs of any documents relating to Secured Party’s security interest. Borrower ratifies all previous filings and
recordings, including financing statements and

Page 3 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003833


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 50 of 246
DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

Application #3304338551

notations on certificates of title. Borrower will cooperate with Secured Party in obtaining a Control Agreement
satisfactory to Secured Party with respect to any Deposit Accounts or Investment Property, or in otherwise obtaining
control or possession of that or any other Collateral.
9.

DEFAULT.
Borrower is in default under this Agreement if: (a) Borrower fails to pay, perform or otherwise comply with any
provision of this Agreement; (b) Borrower makes any materially false representation, warranty or certification
in, or in connection with, this Agreement, the Note, or any other agreement related to the Note or this
Agreement; (c) another secured party or judgment creditor exercises its rights against the Collateral; or (d) an
event defined as a “default” under the Obligations occurs. In the event of default and if Secured Party requests,
Borrower must assemble and make available all Collateral at a place and time designated by Secured Party.
Upon default and at any time thereafter, Secured Party may declare all Obligations secured hereby immediately
due and payable, and, in its sole discretion, may proceed to enforce payment of same and exercise any of the
rights and remedies available to a secured party by law including those available to it under Article 9 of the
UCC that is in effect in the jurisdiction where Borrower or the Collateral is located. Unless otherwise required
under applicable law, Secured Party has no obligation to clean or otherwise prepare the Collateral for sale or
other disposition and Borrower waives any right it may have to require Secured Party to enforce the security
interest or payment or performance of the Obligations against any other person.

10.

FEDERAL RIGHTS.
When SBA is the holder of the Note, this Agreement will be construed and enforced under federal law,
including SBA regulations. Secured Party or SBA may use state or local procedures for filing papers, recording
documents, giving notice, enforcing security interests or liens, and for any other purposes. By using such
procedures, SBA does not waive any federal immunity from state or local control, penalty, tax or liability. As to
this Agreement, Borrower may not claim or assert any local or state law against SBA to deny any obligation,
defeat any claim of SBA, or preempt federal law.

11.

GOVERNING LAW.
Unless SBA is the holder of the Note, in which case federal law will govern, Borrower and Secured Party agree
that this Agreement will be governed by the laws of the jurisdiction where the Borrower is located, including the
UCC as in effect in such jurisdiction and without reference to its conflicts of laws principles.

12.

SECURED PARTY RIGHTS.
All rights conferred in this Agreement on Secured Party are in addition to those granted to it by law, and all
rights are cumulative and may be exercised simultaneously. Failure of Secured Party to enforce any rights or
remedies will not constitute an estoppel or waiver of Secured Party’s ability to exercise such rights or remedies.
Unless otherwise required under applicable law, Secured Party is not liable for any loss or damage to Collateral
in its possession or under its control, nor will such loss or damage reduce or discharge the Obligations that are
due, even if Secured Party’s actions or inactions caused or in any way contributed to such loss or damage.

13.

SEVERABILITY.
If any provision of this Agreement is unenforceable, all other provisions remain in effect.

Page 4 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003834


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 51 of 246
DocuSign Envelope ID: 4429976B-3054-460F-A985-23E1A053A0AA

Doc # L-01-6065163-01

SBA Loan #7958187906

14.

Application #3304338551

BORROWER CERTIFICATIONS.
Borrower certifies that: (a) its Name (or Names) as stated above is correct; (b) all Collateral is owned or titled in
the Borrower’s name and not in the name of any other organization or individual; (c) Borrower has the legal
authority to grant the security interest in the Collateral; (d) Borrower’s ownership in or title to the Collateral is
free of all adverse claims, liens, or security interests (unless expressly permitted by Secured Party); (e) none of
the Obligations are or will be primarily for personal, family or household purposes; (f) none of the Collateral is
or will be used, or has been or will be bought primarily for personal, family or household purposes; (g)
Borrower has read and understands the meaning and effect of all terms of this Agreement.

15.

BORROWER NAME(S) AND SIGNATURE(S).
By signing or otherwise authenticating below, each individual and each organization becomes jointly and
severally obligated as a Borrower under this Agreement.

SS1 LLC

{{0_SH}}

Date:

06.17.2020

Eric Shibley, Owner/Officer

Page 5 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003835


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 52 of 246

DOJ-04-0000012758


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 53 of 246

ACH Payment Path Report: Shibley 11-18-2020

Payment path specific to SS1 LLC for Small Business Administration ACH payment dated 06/19/2020
issued under Payee identification number 7958187906:
Small Business Administration (ALC 73000001) located in Denver, Colorado, created and certified the
payment file and transmitted the file to the U.S. Treasury data processing site located in KROC in Kansas
City, Missouri.
A computer operator at the U.S. Treasury disbursing office located in Kansas City, Missouri, retrieved the
payment file from the data center and performed payment operations to complete processing of the
file.
The Automated Clearing House (ACH) payment file was transmitted to the Federal Reserve Bank (FRB)
ACH processing site located in East Rutherford, New Jersey.
The FRB ACH system processed the payment file and sorted specific payment transactions based upon
the routing and transit number (RTN 3250-8180-5) of the receiving financial institution, Verity Credit
Union, located in Seattle, Washington.

3|Page
Source: PACER (Payments, Claims, and Enhanced Reconciliation) On-Line/Digital Check Imaging (POL)
functions as an on-line shared database that supports the Bureau of the Fiscal Service Regional Financial
Centers’ (RFC) accounting and claim processes.

DOJ-04-0000012379


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 54 of 246

ACH Payment Path Report: Shibley 11-18-2020

4|Page
Source: PACER (Payments, Claims, and Enhanced Reconciliation) On-Line/Digital Check Imaging (POL)
functions as an on-line shared database that supports the Bureau of the Fiscal Service Regional Financial
Centers’ (RFC) accounting and claim processes.

DOJ-04-0000012380


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 55 of 246
Rapid Intake Form Data Lookup
Application #

Name
Business Name
IP Address
OIG Agent

3304338580
Eric Shibley
SFC LLC
2603:3023:31a:1000:f8de:1b71:b927:b446
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 29
Admitted ________________

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.

1

Eligible Entity Verification

Radio

Yes

6/7/20 5:51 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

6/7/20 5:51 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

6/7/20 5:51 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through
the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

6/7/20 5:51 PM

5

Applicant does not derive more than one-third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

6/7/20 5:51 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

6/7/20 5:51 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

6/7/20 5:51 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

SFC LLC

6/7/20 5:51 PM

9

Trade Name *

Text

Yes

SFC LLC

6/7/20 5:51 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

6/7/20 5:51 PM

12

Is the Applicant a Non-Profit Organization? *

Radio

Yes

No

6/7/20 5:51 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

6/7/20 5:51 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$350,000

6/7/20 5:51 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$200,000

6/7/20 5:51 PM

16

Rental Properties (Residential and Commercial) Only - Lost Rents Due to the Disaster

Text

No

NULL

6/7/20 5:51 PM

17

Non-Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

6/7/20 5:51 PM

3598

DOJ-01-0000004322

6/7/20 5:51 PM


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 56 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

6/7/20 5:51 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

6/7/20 5:51 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th ave SW

6/7/20 5:51 PM

21

City *

Text

Yes

Seattle

6/7/20 5:51 PM

22

State *

Picklist

Yes

WA

6/7/20 5:51 PM

23

County

Text

No

King

6/7/20 5:51 PM

24

Zip *

Text

Yes

98126

6/7/20 5:51 PM

25

Business Phone *

Text

Yes

(206)-938-4291

6/7/20 5:51 PM

26

Alternative Business Phone

Text

Yes

0

6/7/20 5:51 PM

27

Business Fax

Text

No

(206)-938-4483

6/7/20 5:51 PM

28

Business Email *

Text

Yes

shibley98271@gmail.com

6/7/20 5:51 PM

29

Date Business Established *

Date

Yes

11/13/2019

6/7/20 5:51 PM

30

Current Ownership Since *

Date

Yes

11/19/2019

6/7/20 5:51 PM

31

Business Activity *

Picklist

Yes

ConstructionContractors

6/7/20 5:51 PM

32

Detailed Business Activity*

Picklist

Yes

ConstructionContractors

6/7/20 5:51 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

12

6/7/20 5:51 PM

Radio

Yes

No

6/7/20 5:51 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

6/7/20 5:51 PM

36

Street Address *

Text

Yes

NULL

6/7/20 5:51 PM

37

City *

Text

Yes

NULL

6/7/20 5:51 PM

38

State *

Picklist

Yes

NULL

6/7/20 5:51 PM

39

EIN *

Text

Yes

NULL

6/7/20 5:51 PM

40

ZIP *

Text

Yes

NULL

6/7/20 5:51 PM

DOJ-01-0000004323


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 57 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

41

Business Phone *

Text

Yes

NULL

6/7/20 5:51 PM

42

Business Email *

Text

Yes

NULL

6/7/20 5:51 PM

43

Business Type *

Picklist

Yes

NULL

6/7/20 5:51 PM

44

Ownership Percent *

Text

Yes

NULL

6/7/20 5:51 PM

Header: Individual Owner(s)
Header: Owner 1
45-a

First Name *

Text

Yes

Eric

6/7/20 5:51 PM

46-a

Last Name *

Text

Yes

Shibley

6/7/20 5:51 PM

47-a

Mobile Phone *

Text

Yes

(206)-771-7868

6/7/20 5:51 PM

48-a

Title / Office *

Picklist

Yes

Manager

6/7/20 5:51 PM

49-a

Ownership Percent *

Text

Yes

100

6/7/20 5:51 PM

50-a

Email *

Text

Yes

shibleenyc@yahoo.com

6/7/20 5:51 PM

51-a

SSN *

Text

Yes

-5264

6/7/20 5:51 PM

52-a

Birth Date *

Date

Yes

/1978

6/7/20 5:51 PM

53-a

Place Of Birth

Text

No

0

6/7/20 5:51 PM

54-a

U.S. Citizen *

Radio

Yes

Yes

6/7/20 5:51 PM

55-a

Residential Street Address *

Text

Yes

4700 36th Ave SW

6/7/20 5:51 PM

56-a

City *

Text

Yes

Seattle

6/7/20 5:51 PM

57-a

State *

Picklist

Yes

WA

6/7/20 5:51 PM

58-a

Zip *

Text

Yes

98126

6/7/20 5:51 PM

Header: Owner 2
45-b

First Name *

Text

Yes

NULL

6/7/20 5:51 PM

46-b

Last Name *

Text

Yes

NULL

6/7/20 5:51 PM

47-b

Mobile Phone *

Text

Yes

NULL

6/7/20 5:51 PM

48-b

Title / Office *

Picklist

Yes

NULL

6/7/20 5:51 PM

49-b

Ownership Percent *

Text

Yes

NULL

6/7/20 5:51 PM

DOJ-01-0000004324


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 58 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

50-b

Email *

Text

Yes

NULL

6/7/20 5:51 PM

51-b

SSN *

Text

Yes

NULL

6/7/20 5:51 PM

52-b

Birth Date *

Date

Yes

NULL

6/7/20 5:51 PM

53-b

Place Of Birth

Text

No

NULL

6/7/20 5:51 PM

54-b

U.S. Citizen *

Radio

Yes

NULL

6/7/20 5:51 PM

55-b

Residential Street Address *

Text

Yes

NULL

6/7/20 5:51 PM

56-b

City *

Text

Yes

NULL

6/7/20 5:51 PM

57-b

State *

Picklist

Yes

NULL

6/7/20 5:51 PM

58-b

Zip *

Text

Yes

NULL

6/7/20 5:51 PM

PAGE 4
Header: Additional Information

59

In the past year, has the business or a listed owner been convicted of a felony committed during and in connection with a riot
or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or service
that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

6/7/20 5:51 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

6/7/20 5:51 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Within the last 5 years, for any felony, have you ever been convicted, plead guilty, plead nolo contendere, been placed on
pretrial diversion, or been placed on any form of parole or probation (including probation before judgment)?

Radio

Yes

No

6/7/20 5:51 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

6/7/20 5:51 PM

63

Name of Company

Text

No

NULL

6/7/20 5:51 PM

64

Phone Number

Text

No

0

6/7/20 5:51 PM

65

Street Address, City, State, Zip

Text

No

NULL

6/7/20 5:51 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

6/7/20 5:51 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

6/7/20 5:51 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

0

6/7/20 5:51 PM

DOJ-01-0000004325


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 59 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Washington Federal

6/7/20 5:51 PM

70

Account Number *

Text

Yes

62763621349

6/7/20 5:51 PM

71

Routing Number *

Text

Yes

325070980

6/7/20 5:51 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

6/7/20 5:51 PM

Checkbox*

Yes

1

6/7/20 5:51 PM

Button

Yes

1

6/7/20 5:51 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:

On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000004326


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 60 of 246
Rapid Intake Form Data Lookup
Application #

Name
Business Name
IP Address
OIG Agent

3304338625
Eric Shibley
SFC LLC
2603:3023:31a:1000:f8de:1b71:b927:b446
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 30
Admitted ________________

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.

1

Eligible Entity Verification

Radio

Yes

6/7/20 5:59 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

6/7/20 5:59 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

6/7/20 5:59 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through
the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

6/7/20 5:59 PM

5

Applicant does not derive more than one-third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

6/7/20 5:59 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

6/7/20 5:59 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

6/7/20 5:59 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

SFC LLC

6/7/20 5:59 PM

9

Trade Name *

Text

Yes

SFC LLC

6/7/20 5:59 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

6/7/20 5:59 PM

12

Is the Applicant a Non-Profit Organization? *

Radio

Yes

No

6/7/20 5:59 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

6/7/20 5:59 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$350,000

6/7/20 5:59 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$200,000

6/7/20 5:59 PM

16

Rental Properties (Residential and Commercial) Only - Lost Rents Due to the Disaster

Text

No

NULL

6/7/20 5:59 PM

17

Non-Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

6/7/20 5:59 PM

3580

DOJ-01-0000004337

6/7/20 5:59 PM


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 61 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

6/7/20 5:59 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

6/7/20 5:59 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th ave SW

6/7/20 5:59 PM

21

City *

Text

Yes

Seattle

6/7/20 5:59 PM

22

State *

Picklist

Yes

WA

6/7/20 5:59 PM

23

County

Text

No

King

6/7/20 5:59 PM

24

Zip *

Text

Yes

98126

6/7/20 5:59 PM

25

Business Phone *

Text

Yes

(206)-938-4291

6/7/20 5:59 PM

26

Alternative Business Phone

Text

Yes

0

6/7/20 5:59 PM

27

Business Fax

Text

No

(206)-938-4483

6/7/20 5:59 PM

28

Business Email *

Text

Yes

shibley98271@gmail.com

6/7/20 5:59 PM

29

Date Business Established *

Date

Yes

11/13/2017

6/7/20 5:59 PM

30

Current Ownership Since *

Date

Yes

11/13/2017

6/7/20 5:59 PM

31

Business Activity *

Picklist

Yes

ConstructionContractors

6/7/20 5:59 PM

32

Detailed Business Activity*

Picklist

Yes

ConstructionContractors

6/7/20 5:59 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

12

6/7/20 5:59 PM

Radio

Yes

No

6/7/20 5:59 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

6/7/20 5:59 PM

36

Street Address *

Text

Yes

NULL

6/7/20 5:59 PM

37

City *

Text

Yes

NULL

6/7/20 5:59 PM

38

State *

Picklist

Yes

NULL

6/7/20 5:59 PM

39

EIN *

Text

Yes

NULL

6/7/20 5:59 PM

40

ZIP *

Text

Yes

NULL

6/7/20 5:59 PM

DOJ-01-0000004338


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 62 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

41

Business Phone *

Text

Yes

NULL

6/7/20 5:59 PM

42

Business Email *

Text

Yes

NULL

6/7/20 5:59 PM

43

Business Type *

Picklist

Yes

NULL

6/7/20 5:59 PM

44

Ownership Percent *

Text

Yes

NULL

6/7/20 5:59 PM

Header: Individual Owner(s)
Header: Owner 1
45-a

First Name *

Text

Yes

Eric

6/7/20 5:59 PM

46-a

Last Name *

Text

Yes

Shibley

6/7/20 5:59 PM

47-a

Mobile Phone *

Text

Yes

(206)-771-7868

6/7/20 5:59 PM

48-a

Title / Office *

Picklist

Yes

Manager

6/7/20 5:59 PM

49-a

Ownership Percent *

Text

Yes

100

6/7/20 5:59 PM

50-a

Email *

Text

Yes

shibleenyc@yahoo.com

6/7/20 5:59 PM

51-a

SSN *

Text

Yes

5264

6/7/20 5:59 PM

52-a

Birth Date *

Date

Yes

1978

6/7/20 5:59 PM

53-a

Place Of Birth

Text

No

0

6/7/20 5:59 PM

54-a

U.S. Citizen *

Radio

Yes

Yes

6/7/20 5:59 PM

55-a

Residential Street Address *

Text

Yes

4700 36th ave SW

6/7/20 5:59 PM

56-a

City *

Text

Yes

Seattle

6/7/20 5:59 PM

57-a

State *

Picklist

Yes

WA

6/7/20 5:59 PM

58-a

Zip *

Text

Yes

98126

6/7/20 5:59 PM

Header: Owner 2
45-b

First Name *

Text

Yes

NULL

6/7/20 5:59 PM

46-b

Last Name *

Text

Yes

NULL

6/7/20 5:59 PM

47-b

Mobile Phone *

Text

Yes

NULL

6/7/20 5:59 PM

48-b

Title / Office *

Picklist

Yes

NULL

6/7/20 5:59 PM

49-b

Ownership Percent *

Text

Yes

NULL

6/7/20 5:59 PM

DOJ-01-0000004339


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 63 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

50-b

Email *

Text

Yes

NULL

6/7/20 5:59 PM

51-b

SSN *

Text

Yes

NULL

6/7/20 5:59 PM

52-b

Birth Date *

Date

Yes

NULL

6/7/20 5:59 PM

53-b

Place Of Birth

Text

No

NULL

6/7/20 5:59 PM

54-b

U.S. Citizen *

Radio

Yes

NULL

6/7/20 5:59 PM

55-b

Residential Street Address *

Text

Yes

NULL

6/7/20 5:59 PM

56-b

City *

Text

Yes

NULL

6/7/20 5:59 PM

57-b

State *

Picklist

Yes

NULL

6/7/20 5:59 PM

58-b

Zip *

Text

Yes

NULL

6/7/20 5:59 PM

PAGE 4
Header: Additional Information

59

In the past year, has the business or a listed owner been convicted of a felony committed during and in connection with a riot
or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or service
that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

6/7/20 5:59 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

6/7/20 5:59 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Within the last 5 years, for any felony, have you ever been convicted, plead guilty, plead nolo contendere, been placed on
pretrial diversion, or been placed on any form of parole or probation (including probation before judgment)?

Radio

Yes

No

6/7/20 5:59 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

6/7/20 5:59 PM

63

Name of Company

Text

No

NULL

6/7/20 5:59 PM

64

Phone Number

Text

No

0

6/7/20 5:59 PM

65

Street Address, City, State, Zip

Text

No

NULL

6/7/20 5:59 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

6/7/20 5:59 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

6/7/20 5:59 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

6/7/20 5:59 PM

DOJ-01-0000004340


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 64 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Washington Federal

6/7/20 5:59 PM

70

Account Number *

Text

Yes

62763621349

6/7/20 5:59 PM

71

Routing Number *

Text

Yes

325070980

6/7/20 5:59 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

6/7/20 5:59 PM

Checkbox*

Yes

1

6/7/20 5:59 PM

Button

Yes

1

6/7/20 5:59 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:

On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000004341


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page
246
U.S. 65
v. of
Shibley
CR20-174 JCC
Government Exhibit No. 31
Admitted ________________

Rapid Intake Form Data Lookup
Application #
Name
Business Name
IP Address
OIG Agent

3601282989
Eric Shibley
Seattle's Finest Cannabis
2603 3023 31a 1000 b4fa 256c 9ebc dc93, 2603 3023 31a 1000 b4fa 256c 9ebc dc93
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.
1

Eligible Entity Verification

Radio

Yes

4/15/20 2 45 AM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

4/15/20 2 45 AM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

4/15/20 2 45 AM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue
through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

4/15/20 2 45 AM

5

Applicant does not derive more than one‐third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

4/15/20 2 45 AM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

4/15/20 2 45 AM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

4/15/20 2 45 AM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

Seattle's Finest Cannabis

4/15/20 2 45 AM

9

Trade Name *

Text

Yes

Seattle's Finest Cannabis

4/15/20 2 45 AM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

4/15/20 2 45 AM

12

Is the Applicant a Non‐Profit Organization? *

Radio

Yes

No

4/15/20 2 45 AM

13

Is the Applicant a Franchise? *

Radio

Yes

No

4/15/20 2 45 AM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$120,000

4/15/20 2 45 AM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

90000

4/15/20 2 45 AM

16

Rental Properties (Residential and Commercial) Only ‐ Lost Rents Due to the Disaster

Text

No

NULL

4/15/20 2 45 AM

17

Non‐Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

4/15/20 2 45 AM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

4/15/20 2 45 AM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

4/15/20 2 45 AM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

4/15/20 2 45 AM

21

City *

Text

Yes

Seattle

4/15/20 2 45 AM

22

State *

Picklist

Yes

WA

4/15/20 2 45 AM

23

County

Text

No

King

4/15/20 2 45 AM

24

Zip *

Text

Yes

98126

4/15/20 2 45 AM

25

Business Phone *

Text

Yes

(206)‐938‐4291

4/15/20 2 45 AM

26

Alternative Business Phone

Text

Yes

NULL

4/15/20 2 45 AM

27

Business Fax

Text

No

(206)‐260‐1412

4/15/20 2 45 AM

28

Business Email *

Text

Yes

ers98126@gmail.com

4/15/20 2 45 AM

29

Date Business Established *

Date

Yes

43052

4/15/20 2 45 AM

30

Current Ownership Since *

Date

Yes

43052

4/15/20 2 45 AM

31

Business Activity *

Picklist

Yes

Manufacturing

4/15/20 2 45 AM

32

Detailed Business Activity*

Picklist

Yes

NULL

4/15/20 2 45 AM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

10

4/15/20 2 45 AM

Radio

Yes

No

4/15/20 2 45 AM

3580

4/15/20 2 45 AM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

DOJ-01-0000003697


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 66 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

4/15/20 2 45 AM

36

Street Address *

Text

Yes

NULL

4/15/20 2 45 AM

37

City *

Text

Yes

NULL

4/15/20 2 45 AM

38

State *

Picklist

Yes

NULL

4/15/20 2 45 AM

39

EIN *

Text

Yes

NULL

4/15/20 2 45 AM

40

ZIP *

Text

Yes

NULL

4/15/20 2 45 AM

41

Business Phone *

Text

Yes

NULL

4/15/20 2 45 AM

42

Business Email *

Text

Yes

NULL

4/15/20 2 45 AM

43

Business Type *

Picklist

Yes

NULL

4/15/20 2 45 AM

44

Ownership Percent *

Text

Yes

NULL

4/15/20 2 45 AM

Header: Individual Owner(s)
Header: Owner 1
45‐a

First Name *

Text

Yes

Eric

4/15/20 2 45 AM

46‐a

Last Name *

Text

Yes

Shibley

4/15/20 2 45 AM

47‐a

Mobile Phone *

Text

Yes

(206)‐771‐7868

4/15/20 2 45 AM

48‐a

Title / Office *

Picklist

Yes

Manager

4/15/20 2 45 AM

49‐a

Ownership Percent *

Text

Yes

100

4/15/20 2 45 AM

50‐a

Email *

Text

Yes

shibleenyc@yahoo.com

4/15/20 2 45 AM

51‐a

SSN *

Text

Yes

‐5264

4/15/20 2 45 AM

52‐a

Birth Date *

Date

Yes

/1978

4/15/20 2 45 AM

53‐a

Place Of Birth

Text

No

Bangladesh

4/15/20 2 45 AM

54‐a

U.S. Citizen *

Radio

Yes

Yes

4/15/20 2 45 AM

55‐a

Residential Street Address *

Text

Yes

4700 36th Ave SW

4/15/20 2 45 AM

56‐a

City *

Text

Yes

Seattle

4/15/20 2 45 AM

57‐a

State *

Picklist

Yes

WA

4/15/20 2 45 AM

58‐a

Zip *

Text

Yes

98126

4/15/20 2 45 AM

Header: Owner 2
45‐b

First Name *

Text

Yes

NULL

4/15/20 2 45 AM

46‐b

Last Name *

Text

Yes

NULL

4/15/20 2 45 AM

47‐b

Mobile Phone *

Text

Yes

NULL

4/15/20 2 45 AM

48‐b

Title / Office *

Picklist

Yes

NULL

4/15/20 2 45 AM

49‐b

Ownership Percent *

Text

Yes

NULL

4/15/20 2 45 AM

50‐b

Email *

Text

Yes

NULL

4/15/20 2 45 AM

51‐b

SSN *

Text

Yes

NULL

4/15/20 2 45 AM

52‐b

Birth Date *

Date

Yes

NULL

4/15/20 2 45 AM

53‐b

Place Of Birth

Text

No

NULL

4/15/20 2 45 AM

54‐b

U.S. Citizen *

Radio

Yes

NULL

4/15/20 2 45 AM

55‐b

Residential Street Address *

Text

Yes

NULL

4/15/20 2 45 AM

56‐b

City *

Text

Yes

NULL

4/15/20 2 45 AM

57‐b

State *

Picklist

Yes

NULL

4/15/20 2 45 AM

58‐b

Zip *

Text

Yes

NULL

4/15/20 2 45 AM

PAGE 4
Header: Additional Information

DOJ-01-0000003698


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 67 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

59

In the past year, has the business or a listed owner been convicted of a criminal offense committed during and in connection
with a riot or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or
service that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

4/15/20 2 45 AM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

4/15/20 2 45 AM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Have you been arrested in the past six months for any criminal offense?
c. For any criminal offense ‐ other than a minor vehicle violation ‐ have you ever been convicted, plead guilty, plead nolo
contendere, been placed on pretrial diversion, or been placed on any form of parole or probation (including probation before
judgment)?

Radio

Yes

No

4/15/20 2 45 AM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

4/15/20 2 45 AM

63

Name of Company

Text

No

NULL

4/15/20 2 45 AM

64

Phone Number

Text

No

NULL

4/15/20 2 45 AM

65

Street Address, City, State, Zip

Text

No

NULL

4/15/20 2 45 AM

66

Fee Charged or Agreed Upon

Text

No

NULL

4/15/20 2 45 AM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

4/15/20 2 45 AM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

0

4/15/20 2 45 AM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

NFCU

4/15/20 2 45 AM

70

Account Number *

Text

Yes

3614078158

4/15/20 2 45 AM

71

Routing Number *

Text

Yes

325081403

4/15/20 2 45 AM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

4/15/20 2 45 AM

Checkbox*

Yes

1

4/15/20 2 45 AM

Button

Yes

1

4/15/20 2 45 AM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox 0 unchecked, 1 checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement
On behalf of the individual owners identified in this application and for the business applying for the loan
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003699


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 68 of 246

DOJ-10-0000025236


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 69 of 246

DOJ-10-0000025237


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 70 of 246

DOJ-10-0000025238


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 71 of 246

DOJ-10-0000025239


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 72 of 246

June 06, 2020
Eric Shibley
Seattle's Finest Cannabis
4700 36th Ave SW
Seattle, WA 98126
RE: SBA Disaster Loan Application Number: 3601282989
Dear Eric Shibley,
In these unprecedented times, we understand the challenges you are facing. The SBA is making every effort
to support small businesses, which are the backbone of the American economy. Unfortunately, although we
have made every effort to approve your loan request, we are unable to offer you a Economic Injury Disaster
Loan (EIDL) for the reason(s) described below.
Unverifiable Information
During the loan underwriting process there were one or more items that were reviewed that caused the SBA
to question the validity of certain information you submitted as part of your application.
If you disagree with our decision, you may request reconsideration, subject to the availability of funds. You
can submit your request to any of the following:
a. Mail your request to the address at the top of this letter.
b. Fax your request to: 202-481-5931.
c. E-mail your request to: pdcrecons@sba.gov.
Your request must:
1. Be in writing and be received by this office as soon as possible(but no later than 6 months from
the date of this letter.)
2. Contain all significant information that will overcome the decline/withdrawal reason(s).
We understand that this is a challenging time for your business and for the nation. The SBA has local
offices in your community which can refer you to resources that may be able to help you address the
underlying reason for your loan denial. For more information on these services, please go to
www.sba.gov/local-assistance to locate the email address and phone number for the nearest SBA district
office and/or SBA's resource partners. Please call or email for a virtual appointment.
If you have any questions regarding this matter, please contact us at 800-659-2955 (TTY: 1-800-877-8339).
Sincerely,
Application Processing Department

1

SBA Form 2157B

DOJ-10-0000025243


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 73 of 246
The Federal Equal Credit Opportunity Act, 15 U.S.C. §1691, prohibits creditors from discrimination against credit applicants on the basis of race, color, religion,
national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income
derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Protection Act. The Federal
agency that administers compliance with this law concerning this creditor is the Consumer Response Center, Federal Trade Commission, Washington, D.C.
20580.

2

SBA Form 2157B

DOJ-10-0000025244


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 74 of 246
Rapid Intake Form Data Lookup
Application #

Name
Business Name
IP Address
OIG Agent

3304338652
Eric Shibley
ES1 LLC
2603:3023:31a:1000:f8de:1b71:b927:b446
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 32
Admitted ________________

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.

1

Eligible Entity Verification

Radio

Yes

6/7/20 6:05 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

6/7/20 6:05 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

6/7/20 6:05 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through
the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

6/7/20 6:05 PM

5

Applicant does not derive more than one-third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

6/7/20 6:05 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

6/7/20 6:05 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

6/7/20 6:05 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

ES1 LLC

6/7/20 6:05 PM

9

Trade Name *

Text

Yes

ES1 LLC

6/7/20 6:05 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

6/7/20 6:05 PM

12

Is the Applicant a Non-Profit Organization? *

Radio

Yes

No

6/7/20 6:05 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

6/7/20 6:05 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$550,000

6/7/20 6:05 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$350,000

6/7/20 6:05 PM

16

Rental Properties (Residential and Commercial) Only - Lost Rents Due to the Disaster

Text

No

NULL

6/7/20 6:05 PM

17

Non-Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

6/7/20 6:05 PM

5849

DOJ-01-0000004352

6/7/20 6:05 PM


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 75 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

6/7/20 6:05 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

6/7/20 6:05 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

6/7/20 6:05 PM

21

City *

Text

Yes

Seattle

6/7/20 6:05 PM

22

State *

Picklist

Yes

WA

6/7/20 6:05 PM

23

County

Text

No

King

6/7/20 6:05 PM

24

Zip *

Text

Yes

98126

6/7/20 6:05 PM

25

Business Phone *

Text

Yes

(206)-938-4291

6/7/20 6:05 PM

26

Alternative Business Phone

Text

Yes

0

6/7/20 6:05 PM

27

Business Fax

Text

No

0

6/7/20 6:05 PM

28

Business Email *

Text

Yes

ers98126@gmail.com

6/7/20 6:05 PM

29

Date Business Established *

Date

Yes

12/10/2012

6/7/20 6:05 PM

30

Current Ownership Since *

Date

Yes

12/10/2012

6/7/20 6:05 PM

31

Business Activity *

Picklist

Yes

ConstructionContractors

6/7/20 6:05 PM

32

Detailed Business Activity*

Picklist

Yes

ConstructionContractors

6/7/20 6:05 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

15

6/7/20 6:05 PM

Radio

Yes

No

6/7/20 6:05 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

6/7/20 6:05 PM

36

Street Address *

Text

Yes

NULL

6/7/20 6:05 PM

37

City *

Text

Yes

NULL

6/7/20 6:05 PM

38

State *

Picklist

Yes

NULL

6/7/20 6:05 PM

39

EIN *

Text

Yes

NULL

6/7/20 6:05 PM

40

ZIP *

Text

Yes

NULL

6/7/20 6:05 PM

DOJ-01-0000004353


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 76 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

41

Business Phone *

Text

Yes

NULL

6/7/20 6:05 PM

42

Business Email *

Text

Yes

NULL

6/7/20 6:05 PM

43

Business Type *

Picklist

Yes

NULL

6/7/20 6:05 PM

44

Ownership Percent *

Text

Yes

NULL

6/7/20 6:05 PM

Header: Individual Owner(s)
Header: Owner 1
45-a

First Name *

Text

Yes

Eric

6/7/20 6:05 PM

46-a

Last Name *

Text

Yes

Shibley

6/7/20 6:05 PM

47-a

Mobile Phone *

Text

Yes

(206)-771-7868

6/7/20 6:05 PM

48-a

Title / Office *

Picklist

Yes

Manager

6/7/20 6:05 PM

49-a

Ownership Percent *

Text

Yes

100

6/7/20 6:05 PM

50-a

Email *

Text

Yes

ers98126@gmail.com

6/7/20 6:05 PM

51-a

SSN *

Text

Yes

-5264

6/7/20 6:05 PM

52-a

Birth Date *

Date

Yes

/1978

6/7/20 6:05 PM

53-a

Place Of Birth

Text

No

0

6/7/20 6:05 PM

54-a

U.S. Citizen *

Radio

Yes

Yes

6/7/20 6:05 PM

55-a

Residential Street Address *

Text

Yes

4700 36th ave SW

6/7/20 6:05 PM

56-a

City *

Text

Yes

Seattle

6/7/20 6:05 PM

57-a

State *

Picklist

Yes

WA

6/7/20 6:05 PM

58-a

Zip *

Text

Yes

98126

6/7/20 6:05 PM

Header: Owner 2
45-b

First Name *

Text

Yes

NULL

6/7/20 6:05 PM

46-b

Last Name *

Text

Yes

NULL

6/7/20 6:05 PM

47-b

Mobile Phone *

Text

Yes

NULL

6/7/20 6:05 PM

48-b

Title / Office *

Picklist

Yes

NULL

6/7/20 6:05 PM

49-b

Ownership Percent *

Text

Yes

NULL

6/7/20 6:05 PM

DOJ-01-0000004354


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 77 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

50-b

Email *

Text

Yes

NULL

6/7/20 6:05 PM

51-b

SSN *

Text

Yes

NULL

6/7/20 6:05 PM

52-b

Birth Date *

Date

Yes

NULL

6/7/20 6:05 PM

53-b

Place Of Birth

Text

No

NULL

6/7/20 6:05 PM

54-b

U.S. Citizen *

Radio

Yes

NULL

6/7/20 6:05 PM

55-b

Residential Street Address *

Text

Yes

NULL

6/7/20 6:05 PM

56-b

City *

Text

Yes

NULL

6/7/20 6:05 PM

57-b

State *

Picklist

Yes

NULL

6/7/20 6:05 PM

58-b

Zip *

Text

Yes

NULL

6/7/20 6:05 PM

PAGE 4
Header: Additional Information

59

In the past year, has the business or a listed owner been convicted of a felony committed during and in connection with a riot
or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or service
that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

6/7/20 6:05 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

6/7/20 6:05 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Within the last 5 years, for any felony, have you ever been convicted, plead guilty, plead nolo contendere, been placed on
pretrial diversion, or been placed on any form of parole or probation (including probation before judgment)?

Radio

Yes

No

6/7/20 6:05 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

6/7/20 6:05 PM

63

Name of Company

Text

No

NULL

6/7/20 6:05 PM

64

Phone Number

Text

No

0

6/7/20 6:05 PM

65

Street Address, City, State, Zip

Text

No

NULL

6/7/20 6:05 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

6/7/20 6:05 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

6/7/20 6:05 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

6/7/20 6:05 PM

DOJ-01-0000004355


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 78 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Navy Fedral Credit Union

6/7/20 6:05 PM

70

Account Number *

Text

Yes

7096277053

6/7/20 6:05 PM

71

Routing Number *

Text

Yes

256074974

6/7/20 6:05 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

6/7/20 6:05 PM

Checkbox*

Yes

1

6/7/20 6:05 PM

Button

Yes

1

6/7/20 6:05 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:

On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000004356


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page
246
U.S. 79
v. of
Shibley
CR20-174 JCC
Government Exhibit No. 33
Admitted ________________

Rapid Intake Form Data Lookup
Application #
Name
Business Name
IP Address
OIG Agent

3600261356
Eric Shibley
ES1 LLC
2603:3023:31a:1000:c4d6:36a6:8729:6dcc, 2603:3023:31a:1000:c4d6:36a6:8729:6dcc
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.
1

Eligible Entity Verification

Radio

Yes

3/31/20 4:27 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

3/31/20 4:27 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

3/31/20 4:27 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue
through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

3/31/20 4:27 PM

5

Applicant does not derive more than one‐third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

3/31/20 4:27 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

3/31/20 4:27 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

3/31/20 4:27 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

ES1 LLC

3/31/20 4:27 PM

9

Trade Name *

Text

Yes

ES1 LLC

3/31/20 4:27 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

3/31/20 4:27 PM

12

Is the Applicant a Non‐Profit Organization? *

Radio

Yes

No

3/31/20 4:27 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

3/31/20 4:27 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$210,000

3/31/20 4:27 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

150000

3/31/20 4:27 PM

16

Rental Properties (Residential and Commercial) Only ‐ Lost Rents Due to the Disaster

Text

No

30000

3/31/20 4:27 PM

17

Non‐Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

3/31/20 4:27 PM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

3/31/20 4:27 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

3/31/20 4:27 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

3/31/20 4:27 PM

21

City *

Text

Yes

Seattle

3/31/20 4:27 PM

22

State *

Picklist

Yes

WA

3/31/20 4:27 PM

23

County

Text

No

King

3/31/20 4:27 PM

24

Zip *

Text

Yes

98126

3/31/20 4:27 PM

25

Business Phone *

Text

Yes

(206)‐938‐4291

3/31/20 4:27 PM

26

Alternative Business Phone

Text

Yes

NULL

3/31/20 4:27 PM

27

Business Fax

Text

No

(206)‐938‐4483

3/31/20 4:27 PM

28

Business Email *

Text

Yes

ers98126@gmail.com

3/31/20 4:27 PM

29

Date Business Established *

Date

Yes

41254

3/31/20 4:27 PM

30

Current Ownership Since *

Date

Yes

41254

3/31/20 4:27 PM

31

Business Activity *

Picklist

Yes

RealEstate

3/31/20 4:27 PM

32

Detailed Business Activity*

Picklist

Yes

RealEstatesDevelopers

3/31/20 4:27 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

4

3/31/20 4:27 PM

Radio

Yes

No

3/31/20 4:27 PM

5849

3/31/20 4:27 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

DOJ-01-0000003621


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 80 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

3/31/20 4:27 PM

36

Street Address *

Text

Yes

NULL

3/31/20 4:27 PM

37

City *

Text

Yes

NULL

3/31/20 4:27 PM

38

State *

Picklist

Yes

NULL

3/31/20 4:27 PM

39

EIN *

Text

Yes

NULL

3/31/20 4:27 PM

40

ZIP *

Text

Yes

NULL

3/31/20 4:27 PM

41

Business Phone *

Text

Yes

NULL

3/31/20 4:27 PM

42

Business Email *

Text

Yes

NULL

3/31/20 4:27 PM

43

Business Type *

Picklist

Yes

NULL

3/31/20 4:27 PM

44

Ownership Percent *

Text

Yes

NULL

3/31/20 4:27 PM

Header: Individual Owner(s)
Header: Owner 1
45‐a

First Name *

Text

Yes

Eric

3/31/20 4:27 PM

46‐a

Last Name *

Text

Yes

Shibley

3/31/20 4:27 PM

47‐a

Mobile Phone *

Text

Yes

(206)‐771‐7868

3/31/20 4:27 PM

48‐a

Title / Office *

Picklist

Yes

Manager

3/31/20 4:27 PM

49‐a

Ownership Percent *

Text

Yes

100

3/31/20 4:27 PM

50‐a

Email *

Text

Yes

ers98126@gmail.com

3/31/20 4:27 PM

51‐a

SSN *

Text

Yes

5264

3/31/20 4:27 PM

52‐a

Birth Date *

Date

Yes

1978

3/31/20 4:27 PM

53‐a

Place Of Birth

Text

No

Bangladesh

3/31/20 4:27 PM

54‐a

U.S. Citizen *

Radio

Yes

Yes

3/31/20 4:27 PM

55‐a

Residential Street Address *

Text

Yes

4700 36th Ave SW

3/31/20 4:27 PM

56‐a

City *

Text

Yes

Seattle

3/31/20 4:27 PM

57‐a

State *

Picklist

Yes

WA

3/31/20 4:27 PM

58‐a

Zip *

Text

Yes

98126

3/31/20 4:27 PM

Header: Owner 2
45‐b

First Name *

Text

Yes

NULL

3/31/20 4:27 PM

46‐b

Last Name *

Text

Yes

NULL

3/31/20 4:27 PM

47‐b

Mobile Phone *

Text

Yes

NULL

3/31/20 4:27 PM

48‐b

Title / Office *

Picklist

Yes

NULL

3/31/20 4:27 PM

49‐b

Ownership Percent *

Text

Yes

NULL

3/31/20 4:27 PM

50‐b

Email *

Text

Yes

NULL

3/31/20 4:27 PM

51‐b

SSN *

Text

Yes

NULL

3/31/20 4:27 PM

52‐b

Birth Date *

Date

Yes

NULL

3/31/20 4:27 PM

53‐b

Place Of Birth

Text

No

NULL

3/31/20 4:27 PM

54‐b

U.S. Citizen *

Radio

Yes

NULL

3/31/20 4:27 PM

55‐b

Residential Street Address *

Text

Yes

NULL

3/31/20 4:27 PM

56‐b

City *

Text

Yes

NULL

3/31/20 4:27 PM

57‐b

State *

Picklist

Yes

NULL

3/31/20 4:27 PM

58‐b

Zip *

Text

Yes

NULL

3/31/20 4:27 PM

PAGE 4
Header: Additional Information

DOJ-01-0000003622


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 81 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

59

In the past year, has the business or a listed owner been convicted of a criminal offense committed during and in connection
with a riot or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or
service that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

3/31/20 4:27 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

3/31/20 4:27 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Have you been arrested in the past six months for any criminal offense?
c. For any criminal offense ‐ other than a minor vehicle violation ‐ have you ever been convicted, plead guilty, plead nolo
contendere, been placed on pretrial diversion, or been placed on any form of parole or probation (including probation before
judgment)?

Radio

Yes

No

3/31/20 4:27 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

3/31/20 4:27 PM

63

Name of Company

Text

No

NULL

3/31/20 4:27 PM

64

Phone Number

Text

No

NULL

3/31/20 4:27 PM

65

Street Address, City, State, Zip

Text

No

NULL

3/31/20 4:27 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

3/31/20 4:27 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

3/31/20 4:27 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

3/31/20 4:27 PM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Wells Fargo

3/31/20 4:27 PM

70

Account Number *

Text

Yes

7621559124

3/31/20 4:27 PM

71

Routing Number *

Text

Yes

125008547

3/31/20 4:27 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

3/31/20 4:27 PM

Checkbox*

Yes

1

3/31/20 4:27 PM

Button

Yes

1

3/31/20 4:27 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:
On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003623


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 82 of 246

Payment Path Report: Shibley 06-04-2020
Payment path specific to ES1 LLC for Small Business Administration ACH payment dated 04/21/2020
issued under Payee identification number EIDG:3600261356\:
Small Business Administration (ALC 73000001) located in Denver, Colorado, created and certified the
payment file and transmitted the file to the U.S. Treasury data processing site located in KROC in Kansas
City, Missouri.
A computer operator at the U.S. Treasury disbursing office located in Kansas City, Missouri, retrieved the
payment file from the data center and performed payment operations to complete processing of the
file.
The Automated Clearing House (ACH) payment file was transmitted to the Federal Reserve Bank (FRB)
ACH processing site located in East Rutherford, New Jersey.
The FRB ACH system processed the payment file and sorted specific payment transactions based upon
the routing and transit number (RTN 1250-0854-7) of the receiving financial institution, Wells Fargo
Bank NA, located in Phoenix, Arizona.

3|Page

DOJ-01-0000003880


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 83 of 246

Payment Path Report: Shibley 06-04-2020

4|Page

DOJ-01-0000003881


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 84 of 246

April 20, 2020
Eric Shibley
ES1 LLC
4700 36th Ave SW
Seattle, WA 98126
RE: SBA Disaster Loan Application Number: 3600261356
Dear Eric Shibley,
In these unprecedented times, we understand the challenges you are facing. The SBA is making every effort
to support small businesses, which are the backbone of the American economy. Unfortunately, although we
have made every effort to approve your loan request, we are unable to offer you a Economic Injury Disaster
Loan (EIDL) for the reason(s) described below. We are pleased that we were able to give you an EIDL
Advance under this program even though we are unable to make you a loan. We hope the Advance funds
will provide some relief in these difficult circumstances.
Business activity is not eligible. EIDL assistance is available only to a small business engaged in an
eligible business activity. Business activity means the nature of the business conducted by the
applicant.
The information you submitted with your application does not meet SBA regulations for an eligible
business activity.
If you disagree with our decision, you may request reconsideration, subject to the availability of funds. You
can submit your request to any of the following:
a. Mail your request to the address at the top of this letter.
b. Fax your request to: 202-481-5931.
c. E-mail your request to: pdcrecons@sba.gov.
Your request must:
1. Be in writing and be received by this office as soon as possible(but no later than 6 months from
the date of this letter.)
2. Contain all significant information that will overcome the decline/withdrawal reason(s).
We understand that this is a challenging time for your business and for the nation. The SBA has local
offices in your community which can refer you to resources that may be able to help you address the
underlying reason for your loan denial. For more information on these services, please go to
www.sba.gov/local-assistance to locate the email address and phone number for the nearest SBA district
office and/or SBA's resource partners. Please call or email for a virtual appointment.
If you have any questions regarding this matter, please contact us at 800-659-2955 (TTY: 1-800-877-8339).

SBA Form 2157B

1

DOJ-01-0000003616


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 85 of 246
Sincerely,
Application Processing Department
The Federal Equal Credit Opportunity Act, 15 U.S.C. §1691, prohibits creditors from discrimination against credit applicants on the basis of race, color, religion,
national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income
derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Protection Act. The Federal
agency that administers compliance with this law concerning this creditor is the Consumer Response Center, Federal Trade Commission, Washington, D.C.
20580.

SBA Form 2157B

2

DOJ-01-0000003617


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page
246
U.S. 86
v. of
Shibley
CR20-174 JCC
Government Exhibit No. 34
Admitted ________________

Rapid Intake Form Data Lookup
Application #
Name
Business Name
IP Address
OIG Agent

3600262629
Eric Shibley
Eric R Shibley MD PLLC
2603:3023:31a:1000:c4d6:36a6:8729:6dcc, 2603:3023:31a:1000:c4d6:36a6:8729:6dcc
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.
1

Eligible Entity Verification

Radio

Yes

3/31/20 4:32 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

3/31/20 4:32 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

3/31/20 4:32 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue
through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

3/31/20 4:32 PM

5

Applicant does not derive more than one‐third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

3/31/20 4:32 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

3/31/20 4:32 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

3/31/20 4:32 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

Eric R Shibley MD PLLC

3/31/20 4:32 PM

9

Trade Name *

Text

Yes

Shibley Medical

3/31/20 4:32 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

3/31/20 4:32 PM

12

Is the Applicant a Non‐Profit Organization? *

Radio

Yes

No

3/31/20 4:32 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

3/31/20 4:32 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$220,000

3/31/20 4:32 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

150000

3/31/20 4:32 PM

16

Rental Properties (Residential and Commercial) Only ‐ Lost Rents Due to the Disaster

Text

No

NULL

3/31/20 4:32 PM

17

Non‐Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

3/31/20 4:32 PM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

3/31/20 4:32 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

3/31/20 4:32 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

3/31/20 4:32 PM

21

City *

Text

Yes

Seattle

3/31/20 4:32 PM

22

State *

Picklist

Yes

WA

3/31/20 4:32 PM

23

County

Text

No

King

3/31/20 4:32 PM

24

Zip *

Text

Yes

98126

3/31/20 4:32 PM

25

Business Phone *

Text

Yes

(206)‐938‐4291

3/31/20 4:32 PM

26

Alternative Business Phone

Text

Yes

NULL

3/31/20 4:32 PM

27

Business Fax

Text

No

(206)‐260‐1412

3/31/20 4:32 PM

28

Business Email *

Text

Yes

shibleymedical@outlook.com

3/31/20 4:32 PM

29

Date Business Established *

Date

Yes

41254

3/31/20 4:32 PM

30

Current Ownership Since *

Date

Yes

41254

3/31/20 4:32 PM

31

Business Activity *

Picklist

Yes

HealthServices

3/31/20 4:32 PM

32

Detailed Business Activity*

Picklist

Yes

MedicalServices

3/31/20 4:32 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

4

3/31/20 4:32 PM

Radio

Yes

No

3/31/20 4:32 PM

9052

3/31/20 4:32 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

DOJ-01-0000003673


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 87 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

3/31/20 4:32 PM

36

Street Address *

Text

Yes

NULL

3/31/20 4:32 PM

37

City *

Text

Yes

NULL

3/31/20 4:32 PM

38

State *

Picklist

Yes

NULL

3/31/20 4:32 PM

39

EIN *

Text

Yes

NULL

3/31/20 4:32 PM

40

ZIP *

Text

Yes

NULL

3/31/20 4:32 PM

41

Business Phone *

Text

Yes

NULL

3/31/20 4:32 PM

42

Business Email *

Text

Yes

NULL

3/31/20 4:32 PM

43

Business Type *

Picklist

Yes

NULL

3/31/20 4:32 PM

44

Ownership Percent *

Text

Yes

NULL

3/31/20 4:32 PM

Header: Individual Owner(s)
Header: Owner 1
45‐a

First Name *

Text

Yes

Eric

3/31/20 4:32 PM

46‐a

Last Name *

Text

Yes

Shibley

3/31/20 4:32 PM

47‐a

Mobile Phone *

Text

Yes

(206)‐771‐7868

3/31/20 4:32 PM

48‐a

Title / Office *

Picklist

Yes

Manager

3/31/20 4:32 PM

49‐a

Ownership Percent *

Text

Yes

100

3/31/20 4:32 PM

50‐a

Email *

Text

Yes

shibleenyc@yahoo.com

3/31/20 4:32 PM

51‐a

SSN *

Text

Yes

5264

3/31/20 4:32 PM

52‐a

Birth Date *

Date

Yes

1978

3/31/20 4:32 PM

53‐a

Place Of Birth

Text

No

Bangladesh

3/31/20 4:32 PM

54‐a

U.S. Citizen *

Radio

Yes

Yes

3/31/20 4:32 PM

55‐a

Residential Street Address *

Text

Yes

4700 36th Ave SW

3/31/20 4:32 PM

56‐a

City *

Text

Yes

Seattle

3/31/20 4:32 PM

57‐a

State *

Picklist

Yes

WA

3/31/20 4:32 PM

58‐a

Zip *

Text

Yes

98126

3/31/20 4:32 PM

Header: Owner 2
45‐b

First Name *

Text

Yes

NULL

3/31/20 4:32 PM

46‐b

Last Name *

Text

Yes

NULL

3/31/20 4:32 PM

47‐b

Mobile Phone *

Text

Yes

NULL

3/31/20 4:32 PM

48‐b

Title / Office *

Picklist

Yes

NULL

3/31/20 4:32 PM

49‐b

Ownership Percent *

Text

Yes

NULL

3/31/20 4:32 PM

50‐b

Email *

Text

Yes

NULL

3/31/20 4:32 PM

51‐b

SSN *

Text

Yes

NULL

3/31/20 4:32 PM

52‐b

Birth Date *

Date

Yes

NULL

3/31/20 4:32 PM

53‐b

Place Of Birth

Text

No

NULL

3/31/20 4:32 PM

54‐b

U.S. Citizen *

Radio

Yes

NULL

3/31/20 4:32 PM

55‐b

Residential Street Address *

Text

Yes

NULL

3/31/20 4:32 PM

56‐b

City *

Text

Yes

NULL

3/31/20 4:32 PM

57‐b

State *

Picklist

Yes

NULL

3/31/20 4:32 PM

58‐b

Zip *

Text

Yes

NULL

3/31/20 4:32 PM

PAGE 4
Header: Additional Information

DOJ-01-0000003674


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 88 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

59

In the past year, has the business or a listed owner been convicted of a criminal offense committed during and in connection
with a riot or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or
service that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

3/31/20 4:32 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

3/31/20 4:32 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Have you been arrested in the past six months for any criminal offense?
c. For any criminal offense ‐ other than a minor vehicle violation ‐ have you ever been convicted, plead guilty, plead nolo
contendere, been placed on pretrial diversion, or been placed on any form of parole or probation (including probation before
judgment)?

Radio

Yes

No

3/31/20 4:32 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

3/31/20 4:32 PM

63

Name of Company

Text

No

NULL

3/31/20 4:32 PM

64

Phone Number

Text

No

NULL

3/31/20 4:32 PM

65

Street Address, City, State, Zip

Text

No

NULL

3/31/20 4:32 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

3/31/20 4:32 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

3/31/20 4:32 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

3/31/20 4:32 PM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Wells Fargo

3/31/20 4:32 PM

70

Account Number *

Text

Yes

6621617262

3/31/20 4:32 PM

71

Routing Number *

Text

Yes

125008547

3/31/20 4:32 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

3/31/20 4:32 PM

Checkbox*

Yes

1

3/31/20 4:32 PM

Button

Yes

1

3/31/20 4:32 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:
On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003675


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Payment Path Report: Shibley 06-04-2020

Payment path specific to Eric R Shibley MD PLLC for Small Business Administration ACH payment dated
04/21/2020 issued under Payee identification number EIDG:3600262629\:
Small Business Administration (ALC 73000001) located in Denver, Colorado, created and certified the
payment file and transmitted the file to the U.S. Treasury data processing site located in KROC in Kansas
City, Missouri.
A computer operator at the U.S. Treasury disbursing office located in Kansas City, Missouri, retrieved the
payment file from the data center and performed payment operations to complete processing of the
file.
The Automated Clearing House (ACH) payment file was transmitted to the Federal Reserve Bank (FRB)
ACH processing site located in East Rutherford, New Jersey.
The FRB ACH system processed the payment file and sorted specific payment transactions based upon
the routing and transit number (RTN 1250-0854-7) of the receiving financial institution, Wells Fargo
Bank NA, located in Phoenix, Arizona.

1|Page

DOJ-01-0000003878


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Payment Path Report: Shibley 06-04-2020

2|Page

DOJ-01-0000003879


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DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

SBA Loan #2590437809

Doc # L-01-1163708-01
Application #3600262629

LOAN AUTHORIZATION AND AGREEMENT (LA&A)
A PROPERLY SIGNED DOCUMENT IS
REQUIRED PRIOR TO ANY
DISBURSEMENT
CAREFULLY READ THE LA&A:
This document describes the terms and conditions of your loan. It is your responsibility to comply with
ALL the terms and conditions of your loan.

SIGNING THE LA&A:
All borrowers must sign the LA&A.
· Sign your name exactly as it appears on the LA&A. If typed incorrectly, you should sign
with the correct spelling.
· If your middle initial appears on the signature line, sign with your middle initial.
· If a suffix appears on the signature line, such as Sr. or Jr., sign with your suffix.
· Corporate Signatories: Authorized representatives should sign the signature page.
Your signature represents your agreement to comply
with the terms and conditions of the loan.

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Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

U.S. Small Business Administration
Economic Injury Disaster Loan

LOAN AUTHORIZATION AND AGREEMENT
Date: 05.24.2020 (Effective Date)
On the above date, this Administration (SBA) authorized (under Section 7(b) of the Small Business Act, as amended) a Loan
(SBA Loan #2590437809) to Eric R Shibley MD PLLC (Borrower) of 4700 36th Ave SW Seattle Washington 98126 in the
amount of thirty-one thousand and 00/100 Dollars ($31,000.00), upon the following conditions:
PAYMENT
·

Installment payments, including principal and interest, of $152.00 Monthly, will begin Twelve (12) months
from the date of the promissory Note. The balance of principal and interest will be payable Thirty (30) years
from the date of the promissory Note.

INTEREST
·

Interest will accrue at the rate of 3.75% per annum and will accrue only on funds actually advanced from the
date(s) of each advance.

PAYMENT TERMS
·

Each payment will be applied first to interest accrued to the date of receipt of each payment, and the balance, if
any, will be applied to principal.

·

Each payment will be made when due even if at that time the full amount of the Loan has not yet been advanced
or the authorized amount of the Loan has been reduced.

COLLATERAL
·

For loan amounts of greater than $25,000, Borrower hereby grants to SBA, the secured party hereunder, a
continuing security interest in and to any and all “Collateral” as described herein to secure payment and
performance of all debts, liabilities and obligations of Borrower to SBA hereunder without limitation, including
but not limited to all interest, other fees and expenses (all hereinafter called “Obligations”). The Collateral
includes the following property that Borrower now owns or shall acquire or create immediately upon the
acquisition or creation thereof: all tangible and intangible personal property, including, but not limited to: (a)
inventory, (b) equipment, (c) instruments, including promissory notes (d) chattel paper, including tangible
chattel paper and electronic chattel paper, (e) documents, (f) letter of credit rights, (g) accounts, including
health-care insurance receivables and credit card receivables, (h) deposit accounts, (i) commercial tort claims, (j)
general intangibles, including payment intangibles and software and (k) as-extracted collateral as such terms
may from time to time be defined in the Uniform Commercial Code. The security interest Borrower grants
includes all accessions, attachments, accessories, parts, supplies and replacements for the Collateral, all
products, proceeds and collections thereof and all records and data relating thereto.

·

For loan amounts of $25,000 or less, SBA is not taking a security interest in any collateral.

Page 2 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003633


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Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

REQUIREMENTS RELATIVE TO COLLATERAL
·

Borrower will not sell or transfer any collateral (except normal inventory turnover in the ordinary course of
business) described in the "Collateral" paragraph hereof without the prior written consent of SBA.

·

Borrower will neither seek nor accept future advances under any superior liens on the collateral securing this
Loan without the prior written consent of SBA.

USE OF LOAN PROCEEDS
·

Borrower will use all the proceeds of this Loan solely as working capital to alleviate economic injury caused by
disaster occurring in the month of January 31, 2020 and continuing thereafter and to pay Uniform Commercial
Code (UCC) lien filing fees and a third-party UCC handling charge of $100 which will be deducted from the
Loan amount stated above.

REQUIREMENTS FOR USE OF LOAN PROCEEDS AND RECEIPTS
·

Borrower will obtain and itemize receipts (paid receipts, paid invoices or cancelled checks) and contracts for all
Loan funds spent and retain these receipts for 3 years from the date of the final disbursement. Prior to each
subsequent disbursement (if any) and whenever requested by SBA, Borrower will submit to SBA such
itemization together with copies of the receipts.

·

Borrower will not use, directly or indirectly, any portion of the proceeds of this Loan to relocate without the
prior written permission of SBA. The law prohibits the use of any portion of the proceeds of this Loan for
voluntary relocation from the business area in which the disaster occurred. To request SBA's prior written
permission to relocate, Borrower will present to SBA the reasons therefore and a description or address of the
relocation site. Determinations of (1) whether a relocation is voluntary or otherwise, and (2) whether any site
other than the disaster-affected location is within the business area in which the disaster occurred, will be made
solely by SBA.

·

Borrower will, to the extent feasible, purchase only American-made equipment and products with the proceeds
of this Loan.

·

Borrower will make any request for a loan increase for additional disaster-related damages as soon as possible
after the need for a loan increase is discovered. The SBA will not consider a request for a loan increase received
more than two (2) years from the date of loan approval unless, in the sole discretion of the SBA, there are
extraordinary and unforeseeable circumstances beyond the control of the borrower.

DEADLINE FOR RETURN OF LOAN CLOSING DOCUMENTS
·

Borrower will sign and return the loan closing documents to SBA within 2 months of the date of this Loan
Authorization and Agreement. By notifying the Borrower in writing, SBA may cancel this Loan if the
Borrower fails to meet this requirement. The Borrower may submit and the SBA may, in its sole discretion,
accept documents after 2 months of the date of this Loan Authorization and Agreement.

COMPENSATION FROM OTHER SOURCES
·

Eligibility for this disaster Loan is limited to disaster losses that are not compensated by other sources.
Other sources include but are not limited to: (1) proceeds of policies of insurance or other indemnifications,
(2) grants or other reimbursement (including loans) from government agencies or private organizations, (3)

Page 3 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003634


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SBA Loan #2590437809

Application #3600262629

claims for civil liability against other individuals, organizations or governmental entities, and (4) salvage
(including any sale or re-use) of items of damaged property.
·

Borrower will promptly notify SBA of the existence and status of any claim or application for such other
compensation, and of the receipt of any such compensation, and Borrower will promptly submit the proceeds
of same (not exceeding the outstanding balance of this Loan) to SBA.

·

Borrower hereby assigns to SBA the proceeds of any such compensation from other sources and authorizes the
payor of same to deliver said proceeds to SBA at such time and place as SBA shall designate.

·

SBA will in its sole discretion determine whether any such compensation from other sources is a duplication
of benefits. SBA will use the proceeds of any such duplication to reduce the outstanding balance of this Loan,
and Borrower agrees that such proceeds will not be applied in lieu of scheduled payments.

DUTY TO MAINTAIN HAZARD INSURANCE
·

Within 12 months from the date of this Loan Authorization and Agreement the Borrower will provide proof of
an active and in effect hazard insurance policy including fire, lightning, and extended coverage on all items used
to secure this loan to at least 80% of the insurable value. Borrower will not cancel such coverage and will
maintain such coverage throughout the entire term of this Loan. BORROWER MAY NOT BE ELIGIBLE
FOR EITHER ANY FUTURE DISASTER ASSISTANCE OR SBA FINANCIAL ASSISTANCE IF THIS
INSURANCE IS NOT MAINTAINED AS STIPULATED HEREIN THROUGHOUT THE ENTIRE
TERM OF THIS LOAN. Please submit proof of insurance to: U.S. Small Business Administration, Office of
Disaster Assistance, 14925 Kingsport Rd, Fort Worth, TX. 76155.

BOOKS AND RECORDS
·

Borrower will maintain current and proper books of account in a manner satisfactory to SBA for the most recent
5 years until 3 years after the date of maturity, including extensions, or the date this Loan is paid in full,
whichever occurs first. Such books will include Borrower's financial and operating statements, insurance
policies, tax returns and related filings, records of earnings distributed and dividends paid and records of
compensation to officers, directors, holders of 10% or more of Borrower's capital stock, members, partners and
proprietors.

·

Borrower authorizes SBA to make or cause to be made, at Borrower's expense and in such a manner and at such
times as SBA may require: (1) inspections and audits of any books, records and paper in the custody or control
of Borrower or others relating to Borrower's financial or business conditions, including the making of copies
thereof and extracts therefrom, and (2) inspections and appraisals of any of Borrower's assets.

·

Borrower will furnish to SBA, not later than 3 months following the expiration of Borrower's fiscal year and in
such form as SBA may require, Borrower's financial statements.

·

Upon written request of SBA, Borrower will accompany such statements with an 'Accountant's Review Report'
prepared by an independent public accountant at Borrower's expense.

·

Borrower authorizes all Federal, State and municipal authorities to furnish reports of examination, records and
other information relating to the conditions and affairs of Borrower and any desired information from such
reports, returns, files, and records of such authorities upon request of SBA.

Page 4 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003635


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Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

LIMITS ON DISTRIBUTION OF ASSETS
·

Borrower will not, without the prior written consent of SBA, make any distribution of Borrower’s assets, or give
any preferential treatment, make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise, to
any owner or partner or any of its employees, or to any company directly or indirectly controlling or affiliated
with or controlled by Borrower, or any other company.

EQUAL OPPORTUNITY REQUIREMENT
·

If Borrower has or intends to have employees, Borrower will post SBA Form 722, Equal Opportunity Poster
(copy attached), in Borrower's place of business where it will be clearly visible to employees, applicants for
employment, and the general public.

DISCLOSURE OF LOBBYING ACTIVITIES
·

Borrower agrees to the attached Certification Regarding Lobbying Activities

BORROWER’S CERTIFICATIONS
Borrower certifies that:
·

There has been no substantial adverse change in Borrower's financial condition (and organization, in case of a
business borrower) since the date of the application for this Loan. (Adverse changes include, but are not limited
to: judgment liens, tax liens, mechanic's liens, bankruptcy, financial reverses, arrest or conviction of felony, etc.)

·

No fees have been paid, directly or indirectly, to any representative (attorney, accountant, etc.) for services
provided or to be provided in connection with applying for or closing this Loan, other than those reported on
SBA Form 5 Business Disaster Loan Application'; SBA Form 3501 COVID-19 Economic Injury Disaster Loan
Application; or SBA Form 159, 'Compensation Agreement'. All fees not approved by SBA are prohibited.

·

All representations in the Borrower's Loan application (including all supplementary submissions) are true,
correct and complete and are offered to induce SBA to make this Loan.

·

No claim or application for any other compensation for disaster losses has been submitted to or requested of
any source, and no such other compensation has been received, other than that which Borrower has fully
disclosed to SBA.

·

Neither the Borrower nor, if the Borrower is a business, any principal who owns at least 50% of the Borrower,
is delinquent more than 60 days under the terms of any: (a) administrative order; (b) court order; or (c)
repayment agreement that requires payment of child support.

·

Borrower certifies that no fees have been paid, directly or indirectly, to any representative (attorney,
accountant, etc.) for services provided or to be provided in connection with applying for or closing this
Loan, other than those reported on the Loan Application. All fees not approved by SBA are prohibited.
If an Applicant chooses to employ an Agent, the compensation an Agent charges to and that is paid by
the Applicant must bear a necessary and reasonable relationship to the services actually performed and must
be comparable to those charged by other Agents in the geographical area. Compensation cannot be
contingent on loan approval. In addition, compensation must not include any expenses which are deemed
by SBA to be unreasonable for services actually performed or expenses actually incurred. Compensation
must not include

Page 5 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003636


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SBA Loan #2590437809

Application #3600262629

charges prohibited in 13 CFR 103 or SOP 50-30, Appendix 1. If the compensation exceeds $500 for a
disaster home loan or $2,500 for a disaster business loan, Borrower must fill out the Compensation
Agreement Form 159D which will be provided for Borrower upon request or can be found on the
SBA website.
·

Borrower certifies, to the best of its, his or her knowledge and belief, that the certifications and representations
in the attached Certification Regarding Lobbying are true, correct and complete and are offered to induce SBA
to make this Loan.

CIVIL AND CRIMINAL PENALTIES
·

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 half times 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, 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.

RESULT OF VIOLATION OF THIS LOAN AUTHORIZATION AND AGREEMENT
·

If Borrower violates any of the terms or conditions of this Loan Authorization and Agreement, the Loan will be
in default and SBA may declare all or any part of the indebtedness immediately due and payable. SBA's failure
to exercise its rights under this paragraph will not constitute a waiver.

·

A default (or any violation of any of the terms and conditions) of any SBA Loan(s) to Borrower and/or its
affiliates will be considered a default of all such Loan(s).

DISBURSEMENT OF THE LOAN
·

Disbursements will be made by and at the discretion of SBA Counsel, in accordance with this Loan
Authorization and Agreement and the general requirements of SBA.

·

Disbursements may be made in increments as needed.

·

Other conditions may be imposed by SBA pursuant to general requirements of SBA.

·

Disbursement may be withheld if, in SBA's sole discretion, there has been an adverse change in Borrower's
financial condition or in any other material fact represented in the Loan application, or if Borrower fails to
meet any of the terms or conditions of this Loan Authorization and Agreement.

·

NO DISBURSEMENT WILL BE MADE LATER THAN 6 MONTHS FROM THE DATE OF THIS
LOAN AUTHORIZATION AND AGREEMENT UNLESS SBA, IN ITS SOLE DISCRETION,
EXTENDS THIS DISBURSEMENT PERIOD.

Page 6 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003637


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SBA Loan #2590437809

Application #3600262629

PARTIES AFFECTED
·

This Loan Authorization and Agreement will be binding upon Borrower and Borrower's successors and
assigns and will inure to the benefit of SBA and its successors and assigns.

RESOLUTION OF BOARD OF DIRECTORS
·

Borrower shall, within 180 days of receiving any disbursement of this Loan, submit the appropriate SBA
Certificate and/or Resolution to the U.S. Small Business Administration, Office of Disaster Assistance, 14925
Kingsport Rd, Fort Worth, TX. 76155.

ENFORCEABILITY
·

This Loan Authorization and Agreement is legally binding, enforceable and approved upon Borrower’s
signature, the SBA’s approval and the Loan Proceeds being issued to Borrower by a government issued check or
by electronic debit of the Loan Proceeds to Borrower’ banking account provided by Borrower in application for
this Loan.

James E. Rivera
Associate Administrator
U.S. Small Business Administration
The undersigned agree(s) to be bound by the terms and conditions herein during the term of this Loan, and further agree(s)
that no provision stated herein will be waived without prior written consent of SBA. Under penalty of perjury of the
United States of America, I hereby certify that I am authorized to apply for and obtain a disaster loan on behalf of
Borrower, in connection with the effects of the COVID-19 emergency.
Eric R Shibley MD PLLC
{{0_SH}}
Date:

05.24.2020

Eric Shibley, Owner/Officer
Note: Corporate Borrowers must execute Loan Authorization and Agreement in corporate name, by a duly authorized
officer. Partnership Borrowers must execute in firm name, together with signature of a general partner. Limited Liability
entities must execute in the entity name by the signature of the authorized managing person.

Page 7 of 11
SBA Form 1391 (5-00)

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DOJ-01-0000003638


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SBA Loan #2590437809

Application #3600262629

CERTIFICATION REGARDING LOBBYING
For loans over $150,000, Congress requires recipients to agree to
the following:
1. Appropriated funds may NOT be used for lobbying.
2. Payment of non-federal funds for lobbying must be reported on Form
SF-LLL.
3. Language of this certification must be incorporated into all
contracts and subcontracts exceeding $100,000.
4. All contractors and subcontractors with contracts exceeding
$100,000 are required to certify and disclose accordingly.

Page 8 of 11
SBA Form 1391 (5-00)

DOJ-01-0000003639


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SBA Loan #2590437809

Application #3600262629

CERTIFICATION REGARDING
LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
Borrower and all Guarantors (if any) certify, to the best of its, his or her knowledge and belief, that:

(1)

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, or modification of
any Federal contract, grant, loan, or cooperative agreement.

(2)

If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
loan, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants,
loans, and co-operative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00
for each such failure.

Page 9 of 11
SBA Form 1391 (5-00)

DOJ-01-0000003640


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SBA Loan #2590437809

Application #3600262629

This Statement of Policy is Posted
In Accordance with Regulations of the

Small Business Administration
This Organization Practices

Equal Employment Opportunity
We do not discriminate on the ground of race, color, religion, sex, age, disability
or national origin in the hiring, retention, or promotion of employees; nor in
determining their rank, or the compensation or fringe benefits paid them.

This Organization Practices

Equal Treatment of Clients
We do not discriminate on the basis of race, color, religion, sex, marital status,
disability, age or national origin in services or accommodations offered or
provided to our employees, clients or guests.
These policies and this notice comply with regulations of the
United States Government.
Please report violations of this policy to:
Administrator
Small Business Administration
Washington, D.C. 20416
In order for the public and your employees to know their rights under 13 C.F.R Parts 112, 113, and 117, Small
Business Administration Regulations, and to conform with the directions of the Administrator of SBA, this poster
must be displayed where it is clearly visible to employees, applicants for employment, and the public.
Failure to display the poster as required in accordance with SBA Regulations may be considered evidence of
noncompliance and subject you to the penalties contained in those Regulations.

Page 10 of 11
SBA FORM 722 (10-02) REF: SOP 9030

PREVIOUS EDITIONS ARE OBSOLETE

U.S. GOVERNMENT PRINTING OFFICE: 1994 0- 153-346

This form was electronically produced by Elite Federal Inc.

DOJ-01-0000003641


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SBA Loan #2590437809

Application #3600262629

Esta Declaración De Principios Se Publica
De Acuerdo Con Los Reglamentos De La

Agencia Federal Para el Desarrollo de la Pequeña Empresa
Esta Organización Practica

Igual Oportunidad De Empleo
No discriminamos por razón de raza, color, religión, sexo, edad, discapacidad o
nacionalidad en el empleo, retención o ascenso de personal ni en la determinación
de sus posiciones, salarios o beneficios marginales.
Esta Organización Practica

Igualdad En El Trato A Su Clientela
No discriminamos por razón de raza, color, religión, sexo, estado civil,
edad, discapacidad o nacionalidad en los servicios o facilidades provistos para
nuestros empleados, clientes o visitantes.
Estos principios y este aviso cumplen con los reglamentos del Gobierno
de los Estados Unidos de América.
Favor de informar violaciones a lo aquí indicado a:
Administrador
Agencia Federal Para el Desarrollo de la
Pequeña Empresa
Washington, D.C. 20416
A fin de que el público y sus empleados conozcan sus derechos según lo expresado en las Secciones 112,
113 y 117 del Código de Regulaciaones Federales No. 13, de los Reglamentos de la Agencja Federal Para
el Desarrollo de la Pequeña Empresa y de acuerdo con las instrucciones del Administrador de dicha
agencia,
esta notificación debe fijarse en un lugar claramente visible para los empleados, solicitantes de empleo y
público en general. No fijar esta notificación según lo requerido por los reglamentos de la Agencia Federal
Para el Desarrollo de la Pequeña Empresa, puede ser interpretado como evidencia de falta de cumplimiento
de los mismos y conllevará la ejecución de los castigos impuestos en estos reglamentos.

Page 11 of 11
SBA FORM 722 (10-02) REF: SOP 9030

PREVIOUS EDITIONS ARE OBSOLETE

U.S. GOVERNMENT PRINTING OFFICE: 1994 0- 153-346

This form was electronically produced by Elite Federal Inc.

DOJ-01-0000003642


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DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-0

SBA Loan #2590437809

Application #3600262629

NOTE
A PROPERLY SIGNED NOTE IS
REQUIRED PRIOR TO ANY
DISBURSEMENT

CAREFULLY READ THE NOTE: It is your promise to repay the loan.
·
·
·

The Note is pre-dated. DO NOT CHANGE THE DATE OF THE NOTE.
LOAN PAYMENTS will be due as stated in the Note.
ANY CORRECTIONS OR UNAUTHORIZED MARKS MAY VOID THIS
DOCUMENT.

SIGNING THE NOTE: All borrowers must sign the Note.
·
·
·
·

Sign your name exactly as it appears on the Note. If typed incorrectly, you should sign
with the correct spelling.
If your middle initial appears on the signature line, sign with your middle initial.
If a suffix appears on the signature line, such as Sr. or Jr., sign with your suffix.
Corporate Signatories: Authorized representatives should sign the signature page.

DOJ-01-0000003643


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 103 of 246
DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

U.S. Small Business Administration

Date: 05.24.2020

NOTE

Loan Amount: $31,000.00

(SECURED DISASTER LOANS)

Annual Interest Rate: 3.75%

SBA Loan # 2590437809

Application #3600262629

1.

PROMISE TO PAY: In return for a loan, Borrower promises to pay to the order of SBA the amount of thirty-one
thousand and 00/100 Dollars ($31,000.00), interest on the unpaid principal balance, and all other amounts required
by this Note.

2.

DEFINITIONS: A) “Collateral” means any property taken as security for payment of this Note or any guarantee of
this Note. B) “Guarantor” means each person or entity that signs a guarantee of payment of this Note. C) “Loan
Documents” means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges
collateral.

3.

PAYMENT TERMS: Borrower must make all payments at the place SBA designates. Borrower may prepay this
Note in part or in full at any time, without notice or penalty. Borrower must pay principal and interest payments of
$152.00 every month beginning Twelve (12) months from the date of the Note. SBA will apply each installment
payment first to pay interest accrued to the day SBA receives the payment and will then apply any remaining balance
to reduce principal. All remaining principal and accrued interest is due and payable Thirty (30) years from the date
of the Note.

4.

DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note,
or if Borrower: A) Fails to comply with any provision of this Note, the Loan Authorization and Agreement, or other
Loan Documents; B) Defaults on any other SBA loan; C) Sells or otherwise transfers, or does not preserve or
account to SBA’s satisfaction for, any of the Collateral or its proceeds; D) Does not disclose, or anyone acting on
their behalf does not disclose, any material fact to SBA; E) Makes, or anyone acting on their behalf makes, a
materially false or misleading representation to SBA; F) Defaults on any loan or agreement with another creditor, if
SBA believes the default may materially affect Borrower’s ability to pay this Note; G) Fails to pay any taxes when
due; H) Becomes the subject of a proceeding under any bankruptcy or insolvency law; I) Has a receiver or liquidator
appointed for any part of their business or property; J) Makes an assignment for the benefit of creditors; K) Has any
adverse change in financial condition or business operation that SBA believes may materially affect Borrower’s
ability to pay this Note; L) Dies; M) Reorganizes, merges, consolidates, or otherwise changes ownership or business
structure without SBA’s prior written consent; or, N) Becomes the subject of a civil or criminal action that SBA
believes may materially affect Borrower’s ability to pay this Note.

5.

SBA’S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights,
SBA may: A) Require immediate payment of all amounts owing under this Note; B) Have recourse to collect all
amounts owing from any Borrower or Guarantor (if any); C) File suit and obtain judgment; D) Take possession of
any Collateral; or E) Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without
advertisement.

6. SBA’S GENERAL POWERS: Without notice and without Borrower’s consent, SBA may: A) Bid on or buy the
Collateral at its sale or the sale of another lienholder, at any price it chooses; B) Collect amounts due under this Note,
enforce the terms of this Note or any other Loan Document, and preserve or dispose of the Collateral. Among other
things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental
remediation costs, and reasonable attorney’s fees and costs. If SBA incurs such expenses, it may demand immediate
reimbursement from Borrower or add the expenses to the principal balance; C) Release anyone obligated to pay this
Note; D) Compromise, release, renew, extend or substitute any of the Collateral; and E) Take any action necessary to
protect the Collateral or collect amounts owing on this Note.

Page 2 of 3
SBA FORM 147 B (5-00)

DOJ-01-0000003644


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 104 of 246
DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

7.

FEDERAL LAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law,
including SBA regulations. SBA may use state or local procedures for filing papers, recording documents, giving
notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity
from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA
any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law.

8.

GENERAL PROVISIONS: A) All individuals and entities signing this Note are jointly and severally liable. B)
Borrower waives all suretyship defenses. C) Borrower must sign all documents required at any time to comply with
the Loan Documents and to enable SBA to acquire, perfect, or maintain SBA’s liens on Collateral. D) SBA may
exercise any of its rights separately or together, as many times and in any order it chooses. SBA may delay or forgo
enforcing any of its rights without giving up any of them. E) Borrower may not use an oral statement of SBA to
contradict or alter the written terms of this Note. F) If any part of this Note is unenforceable, all other parts remain in
effect. G) To the extent allowed by law, Borrower waives all demands and notices in connection with this Note,
including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any
claim that SBA did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale. H) SBA may sell or otherwise transfer this
Note.

9. MISUSE OF LOAN FUNDS: Anyone who wrongfully misapplies any proceeds of the loan will be civilly liable to
SBA for one and one- half times the proceeds disbursed, in addition to other remedies allowed by law.
10. BORROWER’S NAME(S) AND SIGNATURE(S): By signing below, each individual or entity acknowledges and
accepts personal obligation and full liability under the Note as Borrower.

Eric R Shibley MD PLLC
{{0_SH}}
Eric Shibley, Owner/Officer

Page 3 of 3
SBA FORM 147 B (5-00)

DOJ-01-0000003645


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 105 of 246

DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-0

SBA Loan #2590437809

Application #3600262629

SECURITY AGREEMENT

Read this document carefully. It grants the SBA a security interest (lien) in all
the property described in paragraph 4.
This document is predated. DO NOT CHANGE THE DATE ON THIS
DOCUMENT.

DOJ-01-0000003646


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 106 of 246
DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

U.S. Small Business Administration

SECURITY AGREEMENT

SBA Loan #:

2590437809

Borrower:

Eric R Shibley MD PLLC

Secured Party:

The Small Business Administration, an Agency of the U.S. Government

Date:

05.24.2020

Note Amount:

$31,000.00

1.

DEFINITIONS.
Unless otherwise specified, all terms used in this Agreement will have the meanings ascribed to them under the
Official Text of the Uniform Commercial Code, as it may be amended from time to time, (“UCC”). “SBA”
means the Small Business Administration, an Agency of the U.S. Government.

2.

GRANT OF SECURITY INTEREST.
For value received, the Borrower grants to the Secured Party a security interest in the property described below
in paragraph 4 (the “Collateral”).

3.

OBLIGATIONS SECURED.
This Agreement secures the payment and performance of: (a) all obligations under a Note dated 05.24.2020,
made by Eric R Shibley MD PLLC , made payable to Secured Lender, in the amount of $31,000.00 (“Note”),
including all costs and expenses (including reasonable attorney’s fees), incurred by Secured Party in the
disbursement, administration and collection of the loan evidenced by the Note; (b) all costs and expenses
(including reasonable attorney’s fees), incurred by Secured Party in the protection, maintenance and
enforcement of the security interest hereby granted; (c) all obligations of the Borrower in any other agreement
relating to the Note; and (d) any modifications, renewals, refinancings, or extensions of the foregoing
obligations.

4.

COLLATERAL DESCRIPTION.
The Collateral in which this security interest is granted includes the following property that Borrower now owns
or shall acquire or create immediately upon the acquisition or creation thereof: all tangible

Page 2 of 5
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DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

and intangible personal property, including, but not limited to: (a) inventory, (b) equipment, (c) instruments,
including promissory notes (d) chattel paper, including tangible chattel paper and electronic chattel paper, (e)
documents, (f) letter of credit rights, (g) accounts, including health-care insurance receivables and credit card
receivables, (h) deposit accounts, (i) commercial tort claims, (j) general intangibles, including payment intangibles
and software and (k) as-extracted collateral as such terms may from time to time be defined in the Uniform
Commercial Code. The security interest Borrower grants includes all accessions, attachments, accessories,
parts, supplies and replacements for the Collateral, all products, proceeds and collections thereof and all records
and data relating thereto.
5.

RESTRICTIONS ON COLLATERAL TRANSFER.
Borrower will not sell, lease, license or otherwise transfer (including by granting security interests, liens, or
other encumbrances in) all or any part of the Collateral or Borrower’s interest in the Collateral without Secured
Party’s written or electronically communicated approval, except that Borrower may sell inventory in the
ordinary course of business on customary terms. Borrower may collect and use amounts due on accounts and
other rights to payment arising or created in the ordinary course of business, until notified otherwise by Secured
Party in writing or by electronic communication.

6.

MAINTENANCE AND LOCATION OF COLLATERAL; INSPECTION; INSURANCE.
Borrower must promptly notify Secured Party by written or electronic communication of any change in location
of the Collateral, specifying the new location. Borrower hereby grants to Secured Party the right to inspect the
Collateral at all reasonable times and upon reasonable notice. Borrower must: (a) maintain the Collateral in
good condition; (b) pay promptly all taxes, judgments, or charges of any kind levied or assessed thereon; (c)
keep current all rent or mortgage payments due, if any, on premises where the Collateral is located; and (d)
maintain hazard insurance on the Collateral, with an insurance company and in an amount approved by Secured
Party (but in no event less than the replacement cost of that Collateral), and including such terms as Secured
Party may require including a Lender’s Loss Payable Clause in favor of Secured Party. Borrower hereby assigns
to Secured Party any proceeds of such policies and all unearned premiums thereon and authorizes and empowers
Secured Party to collect such sums and to execute and endorse in Borrower’s name all proofs of loss, drafts,
checks and any other documents necessary for Secured Party to obtain such payments.

7.

CHANGES TO BORROWER’S LEGAL STRUCTURE, PLACE OF BUSINESS, JURISDICTION
OF ORGANIZATION, OR NAME.
Borrower must notify Secured Party by written or electronic communication not less than 30 days before taking
any of the following actions: (a) changing or reorganizing the type of organization or form under which it does
business; (b) moving, changing its place of business or adding a place of business; (c) changing its jurisdiction
of organization; or (d) changing its name. Borrower will pay for the preparation and filing of all documents
Secured Party deems necessary to maintain, perfect and continue the perfection of Secured Party’s security
interest in the event of any such change.

8.

PERFECTION OF SECURITY INTEREST.
Borrower consents, without further notice, to Secured Party’s filing or recording of any documents necessary to
perfect, continue, amend or terminate its security interest. Upon request of Secured Party, Borrower must sign or
otherwise authenticate all documents that Secured Party deems necessary at any time to allow Secured Party to
acquire, perfect, continue or amend its security interest in the Collateral. Borrower will pay the filing and recording
costs of any documents relating to Secured Party’s security interest. Borrower ratifies all previous filings and
recordings, including financing statements and

Page 3 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003648


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DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-01

SBA Loan #2590437809

Application #3600262629

notations on certificates of title. Borrower will cooperate with Secured Party in obtaining a Control Agreement
satisfactory to Secured Party with respect to any Deposit Accounts or Investment Property, or in otherwise obtaining
control or possession of that or any other Collateral.
9.

DEFAULT.
Borrower is in default under this Agreement if: (a) Borrower fails to pay, perform or otherwise comply with any
provision of this Agreement; (b) Borrower makes any materially false representation, warranty or certification
in, or in connection with, this Agreement, the Note, or any other agreement related to the Note or this
Agreement; (c) another secured party or judgment creditor exercises its rights against the Collateral; or (d) an
event defined as a “default” under the Obligations occurs. In the event of default and if Secured Party requests,
Borrower must assemble and make available all Collateral at a place and time designated by Secured Party.
Upon default and at any time thereafter, Secured Party may declare all Obligations secured hereby immediately
due and payable, and, in its sole discretion, may proceed to enforce payment of same and exercise any of the
rights and remedies available to a secured party by law including those available to it under Article 9 of the
UCC that is in effect in the jurisdiction where Borrower or the Collateral is located. Unless otherwise required
under applicable law, Secured Party has no obligation to clean or otherwise prepare the Collateral for sale or
other disposition and Borrower waives any right it may have to require Secured Party to enforce the security
interest or payment or performance of the Obligations against any other person.

10.

FEDERAL RIGHTS.
When SBA is the holder of the Note, this Agreement will be construed and enforced under federal law,
including SBA regulations. Secured Party or SBA may use state or local procedures for filing papers, recording
documents, giving notice, enforcing security interests or liens, and for any other purposes. By using such
procedures, SBA does not waive any federal immunity from state or local control, penalty, tax or liability. As to
this Agreement, Borrower may not claim or assert any local or state law against SBA to deny any obligation,
defeat any claim of SBA, or preempt federal law.

11.

GOVERNING LAW.
Unless SBA is the holder of the Note, in which case federal law will govern, Borrower and Secured Party agree
that this Agreement will be governed by the laws of the jurisdiction where the Borrower is located, including the
UCC as in effect in such jurisdiction and without reference to its conflicts of laws principles.

12.

SECURED PARTY RIGHTS.
All rights conferred in this Agreement on Secured Party are in addition to those granted to it by law, and all
rights are cumulative and may be exercised simultaneously. Failure of Secured Party to enforce any rights or
remedies will not constitute an estoppel or waiver of Secured Party’s ability to exercise such rights or remedies.
Unless otherwise required under applicable law, Secured Party is not liable for any loss or damage to Collateral
in its possession or under its control, nor will such loss or damage reduce or discharge the Obligations that are
due, even if Secured Party’s actions or inactions caused or in any way contributed to such loss or damage.

13.

SEVERABILITY.
If any provision of this Agreement is unenforceable, all other provisions remain in effect.

Page 4 of 5
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DOJ-01-0000003649


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 109 of 246
DocuSign Envelope ID: E3CCA07E-4CA5-496A-8D12-4394D5248205

Doc # L-01-1163708-01

SBA Loan #2590437809

14.

Application #3600262629

BORROWER CERTIFICATIONS.
Borrower certifies that: (a) its Name (or Names) as stated above is correct; (b) all Collateral is owned or titled in
the Borrower’s name and not in the name of any other organization or individual; (c) Borrower has the legal
authority to grant the security interest in the Collateral; (d) Borrower’s ownership in or title to the Collateral is
free of all adverse claims, liens, or security interests (unless expressly permitted by Secured Party); (e) none of
the Obligations are or will be primarily for personal, family or household purposes; (f) none of the Collateral is
or will be used, or has been or will be bought primarily for personal, family or household purposes; (g)
Borrower has read and understands the meaning and effect of all terms of this Agreement.

15.

BORROWER NAME(S) AND SIGNATURE(S).
By signing or otherwise authenticating below, each individual and each organization becomes jointly and
severally obligated as a Borrower under this Agreement.

Eric R Shibley MD PLLC

{{0_SH}}

Date:

05.24.2020

Eric Shibley, Owner/Officer

Page 5 of 5
SBA Form 1059 (09-19) Previous Editions are obsolete.

DOJ-01-0000003650


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 110 of 246

DOJ-10-0000025228


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 111 of 246

DOJ-10-0000025229


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 112 of 246

DOJ-10-0000025230


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 113 of 246

DOJ-10-0000025231


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 114 of 246

Payment Path Report: Shibley 06-04-2020
Payment path specific to Eric R Shibley MD PLLC for Small Business Administration ACH payment dated
05/28/2020 issued under Payee identification number 2590437809:
Small Business Administration (ALC 73000001) located in Denver, Colorado, created and certified the
payment file and transmitted the file to the U.S. Treasury data processing site located in KROC in Kansas
City, Missouri.
A computer operator at the U.S. Treasury disbursing office located in Kansas City, Missouri, retrieved the
payment file from the data center and performed payment operations to complete processing of the
file.
The Automated Clearing House (ACH) payment file was transmitted to the Federal Reserve Bank (FRB)
ACH processing site located in East Rutherford, New Jersey.
The FRB ACH system processed the payment file and sorted specific payment transactions based upon
the routing and transit number (RTN 1250-0854-7) of the receiving financial institution, Wells Fargo
Bank NA, located in Phoenix, Arizona.
The payment was returned through the ACH network by the receiving financial institution. The
originating financial institution received the return on 06/01/2020 with a return reason code of R16,
Account Frozen.

9|Page

DOJ-01-0000003886


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 115 of 246

Payment Path Report: Shibley 06-04-2020

10 | P a g e

DOJ-01-0000003887


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page
of 246
U.S. 116
v. Shibley
CR20-174 JCC
Government Exhibit No. 35
Admitted ________________

Rapid Intake Form Data Lookup
Application #
Name
Business Name
IP Address
OIG Agent

3601212749
Eric Shibley
Eric Shibley
2603:3023:31a:1000:7c9d:3a36:2961:762c, 2603:3023:31a:1000:7c9d:3a36:2961:762c
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

PAGE 1
Applicant is an individual who operates under a sole proprietorship, with or without employees,
or as an independent contractor.
1

Eligible Entity Verification

Radio

Yes

4/13/20 3:44 AM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

4/13/20 3:44 AM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

4/13/20 3:44 AM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue
through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

4/13/20 3:44 AM

5

Applicant does not derive more than one‐third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

4/13/20 3:44 AM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

4/13/20 3:44 AM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

4/13/20 3:44 AM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

Eric Shibley

4/13/20 3:44 AM

9

Trade Name *

Text

Yes

Eric Shibley

4/13/20 3:44 AM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

5264

4/13/20 3:44 AM

11

Organization Type*

Picklist

Yes

Proprietorship

4/13/20 3:44 AM

12

Is the Applicant a Non‐Profit Organization? *

Radio

Yes

No

4/13/20 3:44 AM

13

Is the Applicant a Franchise? *

Radio

Yes

No

4/13/20 3:44 AM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$180,000

4/13/20 3:44 AM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

120000

4/13/20 3:44 AM

16

Rental Properties (Residential and Commercial) Only ‐ Lost Rents Due to the Disaster

Text

No

35000

4/13/20 3:44 AM

17

Non‐Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

4/13/20 3:44 AM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

4/13/20 3:44 AM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

4/13/20 3:44 AM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

4/13/20 3:44 AM

21

City *

Text

Yes

Seattle

4/13/20 3:44 AM

22

State *

Picklist

Yes

WA

4/13/20 3:44 AM

23

County

Text

No

King

4/13/20 3:44 AM

24

Zip *

Text

Yes

98126

4/13/20 3:44 AM

25

Business Phone *

Text

Yes

(206)‐938‐4291

4/13/20 3:44 AM

26

Alternative Business Phone

Text

Yes

NULL

4/13/20 3:44 AM

27

Business Fax

Text

No

(206)‐938‐4483

4/13/20 3:44 AM

28

Business Email *

Text

Yes

shibleenyc@yahoo.com

4/13/20 3:44 AM

29

Date Business Established *

Date

Yes

41253

4/13/20 3:44 AM

30

Current Ownership Since *

Date

Yes

41253

4/13/20 3:44 AM

31

Business Activity *

Picklist

Yes

PersonalServices

4/13/20 3:44 AM

32

Detailed Business Activity*

Picklist

Yes

NULL

4/13/20 3:44 AM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

5

4/13/20 3:44 AM

Radio

Yes

No

4/13/20 3:44 AM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

DOJ-01-0000003681


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 117 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

4/13/20 3:44 AM

36

Street Address *

Text

Yes

NULL

4/13/20 3:44 AM

37

City *

Text

Yes

NULL

4/13/20 3:44 AM

38

State *

Picklist

Yes

NULL

4/13/20 3:44 AM

39

EIN *

Text

Yes

NULL

4/13/20 3:44 AM

40

ZIP *

Text

Yes

NULL

4/13/20 3:44 AM

41

Business Phone *

Text

Yes

NULL

4/13/20 3:44 AM

42

Business Email *

Text

Yes

NULL

4/13/20 3:44 AM

43

Business Type *

Picklist

Yes

NULL

4/13/20 3:44 AM

44

Ownership Percent *

Text

Yes

NULL

4/13/20 3:44 AM

Header: Individual Owner(s)
Header: Owner 1
45‐a

First Name *

Text

Yes

Eric

4/13/20 3:44 AM

46‐a

Last Name *

Text

Yes

Shibley

4/13/20 3:44 AM

47‐a

Mobile Phone *

Text

Yes

(206)‐771‐7868

4/13/20 3:44 AM

48‐a

Title / Office *

Picklist

Yes

Manager

4/13/20 3:44 AM

49‐a

Ownership Percent *

Text

Yes

100

4/13/20 3:44 AM

50‐a

Email *

Text

Yes

shibleenyc@yahoo.com

4/13/20 3:44 AM

51‐a

SSN *

Text

Yes

5264

4/13/20 3:44 AM

52‐a

Birth Date *

Date

Yes

1978

4/13/20 3:44 AM

53‐a

Place Of Birth

Text

No

Bangladesh

4/13/20 3:44 AM

54‐a

U.S. Citizen *

Radio

Yes

Yes

4/13/20 3:44 AM

55‐a

Residential Street Address *

Text

Yes

4700 36th Ave SW

4/13/20 3:44 AM

56‐a

City *

Text

Yes

Seattle

4/13/20 3:44 AM

57‐a

State *

Picklist

Yes

WA

4/13/20 3:44 AM

58‐a

Zip *

Text

Yes

98126

4/13/20 3:44 AM

Header: Owner 2
45‐b

First Name *

Text

Yes

NULL

4/13/20 3:44 AM

46‐b

Last Name *

Text

Yes

NULL

4/13/20 3:44 AM

47‐b

Mobile Phone *

Text

Yes

NULL

4/13/20 3:44 AM

48‐b

Title / Office *

Picklist

Yes

NULL

4/13/20 3:44 AM

49‐b

Ownership Percent *

Text

Yes

NULL

4/13/20 3:44 AM

50‐b

Email *

Text

Yes

NULL

4/13/20 3:44 AM

51‐b

SSN *

Text

Yes

NULL

4/13/20 3:44 AM

52‐b

Birth Date *

Date

Yes

NULL

4/13/20 3:44 AM

53‐b

Place Of Birth

Text

No

NULL

4/13/20 3:44 AM

54‐b

U.S. Citizen *

Radio

Yes

NULL

4/13/20 3:44 AM

55‐b

Residential Street Address *

Text

Yes

NULL

4/13/20 3:44 AM

56‐b

City *

Text

Yes

NULL

4/13/20 3:44 AM

57‐b

State *

Picklist

Yes

NULL

4/13/20 3:44 AM

58‐b

Zip *

Text

Yes

NULL

4/13/20 3:44 AM

PAGE 4
Header: Additional Information

DOJ-01-0000003682


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 118 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

59

In the past year, has the business or a listed owner been convicted of a criminal offense committed during and in connection
with a riot or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or
service that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

4/13/20 3:44 AM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

4/13/20 3:44 AM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Have you been arrested in the past six months for any criminal offense?
c. For any criminal offense ‐ other than a minor vehicle violation ‐ have you ever been convicted, plead guilty, plead nolo
contendere, been placed on pretrial diversion, or been placed on any form of parole or probation (including probation before
judgment)?

Radio

Yes

No

4/13/20 3:44 AM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

4/13/20 3:44 AM

63

Name of Company

Text

No

NULL

4/13/20 3:44 AM

64

Phone Number

Text

No

NULL

4/13/20 3:44 AM

65

Street Address, City, State, Zip

Text

No

NULL

4/13/20 3:44 AM

66

Fee Charged or Agreed Upon

Text

No

NULL

4/13/20 3:44 AM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

4/13/20 3:44 AM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

4/13/20 3:44 AM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

NFCU

4/13/20 3:44 AM

70

Account Number *

Text

Yes

7094405052

4/13/20 3:44 AM

71

Routing Number *

Text

Yes

256074974

4/13/20 3:44 AM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

4/13/20 3:44 AM

Checkbox*

Yes

1

4/13/20 3:44 AM

Button

Yes

1

4/13/20 3:44 AM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:
On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003683


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 119 of 246

Payment Path Report: Shibley 06-04-2020
Payment path specific to Eric Shibley for Small Business Administration ACH payment dated
05/05/2020 issued under Payee identification number EIDG:3601212749\:
Small Business Administration (ALC 73000001) located in Denver, Colorado, created and certified the
payment file and transmitted the file to the U.S. Treasury data processing site located in KROC in Kansas
City, Missouri.
A computer operator at the U.S. Treasury disbursing office located in Kansas City, Missouri, retrieved the
payment file from the data center and performed payment operations to complete processing of the
file.
The Automated Clearing House (ACH) payment file was transmitted to the Federal Reserve Bank (FRB)
ACH processing site located in East Rutherford, New Jersey.
The FRB ACH system processed the payment file and sorted specific payment transactions based upon
the routing and transit number (RTN 2560-7497-4) of the receiving financial institution, Navy Federal
Credit Union, located in Merrifield, Virginia.

7|Page

DOJ-01-0000003884


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 120 of 246

Payment Path Report: Shibley 06-04-2020

8|Page

DOJ-01-0000003885


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page
of 246
U.S. 121
v. Shibley
CR20-174 JCC
Government Exhibit No. 36
Admitted ________________

Rapid Intake Form Data Lookup
Application #
Name
Business Name
IP Address
OIG Agent

3601212786
Eric Shibley
Eric
2603:3023:31a:1000:7c9d:3a36:2961:762c, 2603:3023:31a:1000:7c9d:3a36:2961:762c
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

PAGE 1
Applicant is an individual who operates under a sole proprietorship, with or without employees,
or as an independent contractor.
1

Eligible Entity Verification

Radio

Yes

4/13/20 3:53 AM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

4/13/20 3:53 AM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

4/13/20 3:53 AM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue
through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

4/13/20 3:53 AM

5

Applicant does not derive more than one‐third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

4/13/20 3:53 AM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

4/13/20 3:53 AM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

4/13/20 3:53 AM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

Eric

4/13/20 3:53 AM

9

Trade Name *

Text

Yes

Shibley

4/13/20 3:53 AM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

5264

4/13/20 3:53 AM

11

Organization Type*

Picklist

Yes

Proprietorship

4/13/20 3:53 AM

12

Is the Applicant a Non‐Profit Organization? *

Radio

Yes

No

4/13/20 3:53 AM

13

Is the Applicant a Franchise? *

Radio

Yes

No

4/13/20 3:53 AM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$180,000

4/13/20 3:53 AM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

120000

4/13/20 3:53 AM

16

Rental Properties (Residential and Commercial) Only ‐ Lost Rents Due to the Disaster

Text

No

35000

4/13/20 3:53 AM

17

Non‐Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

4/13/20 3:53 AM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

4/13/20 3:53 AM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

4/13/20 3:53 AM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

4/13/20 3:53 AM

21

City *

Text

Yes

Seattle

4/13/20 3:53 AM

22

State *

Picklist

Yes

WA

4/13/20 3:53 AM

23

County

Text

No

King

4/13/20 3:53 AM

24

Zip *

Text

Yes

98126

4/13/20 3:53 AM

25

Business Phone *

Text

Yes

(206)‐938‐4291

4/13/20 3:53 AM

26

Alternative Business Phone

Text

Yes

NULL

4/13/20 3:53 AM

27

Business Fax

Text

No

(206)‐938‐4483

4/13/20 3:53 AM

28

Business Email *

Text

Yes

shibleenyc@yahoo.com

4/13/20 3:53 AM

29

Date Business Established *

Date

Yes

41253

4/13/20 3:53 AM

30

Current Ownership Since *

Date

Yes

41253

4/13/20 3:53 AM

31

Business Activity *

Picklist

Yes

HealthServices

4/13/20 3:53 AM

32

Detailed Business Activity*

Picklist

Yes

MedicalServices

4/13/20 3:53 AM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

5

4/13/20 3:53 AM

Radio

Yes

No

4/13/20 3:53 AM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

DOJ-01-0000003689


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 122 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

4/13/20 3:53 AM

36

Street Address *

Text

Yes

NULL

4/13/20 3:53 AM

37

City *

Text

Yes

NULL

4/13/20 3:53 AM

38

State *

Picklist

Yes

NULL

4/13/20 3:53 AM

39

EIN *

Text

Yes

NULL

4/13/20 3:53 AM

40

ZIP *

Text

Yes

NULL

4/13/20 3:53 AM

41

Business Phone *

Text

Yes

NULL

4/13/20 3:53 AM

42

Business Email *

Text

Yes

NULL

4/13/20 3:53 AM

43

Business Type *

Picklist

Yes

NULL

4/13/20 3:53 AM

44

Ownership Percent *

Text

Yes

NULL

4/13/20 3:53 AM

Header: Individual Owner(s)
Header: Owner 1
45‐a

First Name *

Text

Yes

Eric

4/13/20 3:53 AM

46‐a

Last Name *

Text

Yes

Shibley

4/13/20 3:53 AM

47‐a

Mobile Phone *

Text

Yes

(206)‐771‐7868

4/13/20 3:53 AM

48‐a

Title / Office *

Picklist

Yes

Manager

4/13/20 3:53 AM

49‐a

Ownership Percent *

Text

Yes

100

4/13/20 3:53 AM

50‐a

Email *

Text

Yes

shiblseenyc@Yahoo.com

4/13/20 3:53 AM

51‐a

SSN *

Text

Yes

‐5264

4/13/20 3:53 AM

52‐a

Birth Date *

Date

Yes

/1978

4/13/20 3:53 AM

53‐a

Place Of Birth

Text

No

Bangladesh

4/13/20 3:53 AM

54‐a

U.S. Citizen *

Radio

Yes

Yes

4/13/20 3:53 AM

55‐a

Residential Street Address *

Text

Yes

4700 36th Ave SW

4/13/20 3:53 AM

56‐a

City *

Text

Yes

Seattle

4/13/20 3:53 AM

57‐a

State *

Picklist

Yes

WA

4/13/20 3:53 AM

58‐a

Zip *

Text

Yes

98126

4/13/20 3:53 AM

Header: Owner 2
45‐b

First Name *

Text

Yes

NULL

4/13/20 3:53 AM

46‐b

Last Name *

Text

Yes

NULL

4/13/20 3:53 AM

47‐b

Mobile Phone *

Text

Yes

NULL

4/13/20 3:53 AM

48‐b

Title / Office *

Picklist

Yes

NULL

4/13/20 3:53 AM

49‐b

Ownership Percent *

Text

Yes

NULL

4/13/20 3:53 AM

50‐b

Email *

Text

Yes

NULL

4/13/20 3:53 AM

51‐b

SSN *

Text

Yes

NULL

4/13/20 3:53 AM

52‐b

Birth Date *

Date

Yes

NULL

4/13/20 3:53 AM

53‐b

Place Of Birth

Text

No

NULL

4/13/20 3:53 AM

54‐b

U.S. Citizen *

Radio

Yes

NULL

4/13/20 3:53 AM

55‐b

Residential Street Address *

Text

Yes

NULL

4/13/20 3:53 AM

56‐b

City *

Text

Yes

NULL

4/13/20 3:53 AM

57‐b

State *

Picklist

Yes

NULL

4/13/20 3:53 AM

58‐b

Zip *

Text

Yes

NULL

4/13/20 3:53 AM

PAGE 4
Header: Additional Information

DOJ-01-0000003690


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 123 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

59

In the past year, has the business or a listed owner been convicted of a criminal offense committed during and in connection
with a riot or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or
service that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

4/13/20 3:53 AM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

4/13/20 3:53 AM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Have you been arrested in the past six months for any criminal offense?
c. For any criminal offense ‐ other than a minor vehicle violation ‐ have you ever been convicted, plead guilty, plead nolo
contendere, been placed on pretrial diversion, or been placed on any form of parole or probation (including probation before
judgment)?

Radio

Yes

No

4/13/20 3:53 AM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

4/13/20 3:53 AM

63

Name of Company

Text

No

NULL

4/13/20 3:53 AM

64

Phone Number

Text

No

NULL

4/13/20 3:53 AM

65

Street Address, City, State, Zip

Text

No

NULL

4/13/20 3:53 AM

66

Fee Charged or Agreed Upon

Text

No

NULL

4/13/20 3:53 AM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

4/13/20 3:53 AM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

4/13/20 3:53 AM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

US bank

4/13/20 3:53 AM

70

Account Number *

Text

Yes

253558854522

4/13/20 3:53 AM

71

Routing Number *

Text

Yes

125000105

4/13/20 3:53 AM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

4/13/20 3:53 AM

Checkbox*

Yes

1

4/13/20 3:53 AM

Button

Yes

1

4/13/20 3:53 AM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:
On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003691


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 124 of 246
Rapid Intake Form Data Lookup
Application #

Name
Business Name
IP Address
OIG Agent

3304924428
Eric Shibley
SS1 LLC
2603:3023:31a:1000:39f8:7177:d4e0:c828
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 37
Admitted ________________

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.

1

Eligible Entity Verification

Radio

Yes

6/16/20 11:16 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

6/16/20 11:16 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

6/16/20 11:16 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through
the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

6/16/20 11:16 PM

5

Applicant does not derive more than one-third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

6/16/20 11:16 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

6/16/20 11:16 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

6/16/20 11:16 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

SS1 LLC

6/16/20 11:16 PM

9

Trade Name *

Text

Yes

SS1 LLC

6/16/20 11:16 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

6/16/20 11:16 PM

12

Is the Applicant a Non-Profit Organization? *

Radio

Yes

No

6/16/20 11:16 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

6/16/20 11:16 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$650,000

6/16/20 11:16 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$500,000

6/16/20 11:16 PM

16

Rental Properties (Residential and Commercial) Only - Lost Rents Due to the Disaster

Text

No

NULL

6/16/20 11:16 PM

17

Non-Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

6/16/20 11:16 PM

7509

DOJ-01-0000004366

6/16/20 11:16 PM


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 125 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

6/16/20 11:16 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

6/16/20 11:16 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

6/16/20 11:16 PM

21

City *

Text

Yes

Seattle

6/16/20 11:16 PM

22

State *

Picklist

Yes

WA

6/16/20 11:16 PM

23

County

Text

No

King

6/16/20 11:16 PM

24

Zip *

Text

Yes

98126

6/16/20 11:16 PM

25

Business Phone *

Text

Yes

(206)-938-4291

6/16/20 11:16 PM

26

Alternative Business Phone

Text

Yes

0

6/16/20 11:16 PM

27

Business Fax

Text

No

0

6/16/20 11:16 PM

28

Business Email *

Text

Yes

shibley98126@gmail.com

6/16/20 11:16 PM

29

Date Business Established *

Date

Yes

10/3/2017

6/16/20 11:16 PM

30

Current Ownership Since *

Date

Yes

10/3/2017

6/16/20 11:16 PM

31

Business Activity *

Picklist

Yes

ConstructionContractors

6/16/20 11:16 PM

32

Detailed Business Activity*

Picklist

Yes

ConstructionContractors

6/16/20 11:16 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

41

6/16/20 11:16 PM

Radio

Yes

No

6/16/20 11:16 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

6/16/20 11:16 PM

36

Street Address *

Text

Yes

NULL

6/16/20 11:16 PM

37

City *

Text

Yes

NULL

6/16/20 11:16 PM

38

State *

Picklist

Yes

NULL

6/16/20 11:16 PM

39

EIN *

Text

Yes

NULL

6/16/20 11:16 PM

40

ZIP *

Text

Yes

NULL

6/16/20 11:16 PM

DOJ-01-0000004367


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 126 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

41

Business Phone *

Text

Yes

NULL

6/16/20 11:16 PM

42

Business Email *

Text

Yes

NULL

6/16/20 11:16 PM

43

Business Type *

Picklist

Yes

NULL

6/16/20 11:16 PM

44

Ownership Percent *

Text

Yes

NULL

6/16/20 11:16 PM

Header: Individual Owner(s)
Header: Owner 1
45-a

First Name *

Text

Yes

Eric

6/16/20 11:16 PM

46-a

Last Name *

Text

Yes

Shibley

6/16/20 11:16 PM

47-a

Mobile Phone *

Text

Yes

(206)-771-7968

6/16/20 11:16 PM

48-a

Title / Office *

Picklist

Yes

Manager

6/16/20 11:16 PM

49-a

Ownership Percent *

Text

Yes

100

6/16/20 11:16 PM

50-a

Email *

Text

Yes

shibleenyc@yahoo.com

6/16/20 11:16 PM

51-a

SSN *

Text

Yes

-5264

6/16/20 11:16 PM

52-a

Birth Date *

Date

Yes

1978

6/16/20 11:16 PM

53-a

Place Of Birth

Text

No

0

6/16/20 11:16 PM

54-a

U.S. Citizen *

Radio

Yes

Yes

6/16/20 11:16 PM

55-a

Residential Street Address *

Text

Yes

4700 36th Ave SW

6/16/20 11:16 PM

56-a

City *

Text

Yes

Seattle

6/16/20 11:16 PM

57-a

State *

Picklist

Yes

WA

6/16/20 11:16 PM

58-a

Zip *

Text

Yes

98126

6/16/20 11:16 PM

Header: Owner 2
45-b

First Name *

Text

Yes

NULL

6/16/20 11:16 PM

46-b

Last Name *

Text

Yes

NULL

6/16/20 11:16 PM

47-b

Mobile Phone *

Text

Yes

NULL

6/16/20 11:16 PM

48-b

Title / Office *

Picklist

Yes

NULL

6/16/20 11:16 PM

49-b

Ownership Percent *

Text

Yes

NULL

6/16/20 11:16 PM

DOJ-01-0000004368


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 127 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

50-b

Email *

Text

Yes

NULL

6/16/20 11:16 PM

51-b

SSN *

Text

Yes

NULL

6/16/20 11:16 PM

52-b

Birth Date *

Date

Yes

NULL

6/16/20 11:16 PM

53-b

Place Of Birth

Text

No

NULL

6/16/20 11:16 PM

54-b

U.S. Citizen *

Radio

Yes

NULL

6/16/20 11:16 PM

55-b

Residential Street Address *

Text

Yes

NULL

6/16/20 11:16 PM

56-b

City *

Text

Yes

NULL

6/16/20 11:16 PM

57-b

State *

Picklist

Yes

NULL

6/16/20 11:16 PM

58-b

Zip *

Text

Yes

NULL

6/16/20 11:16 PM

PAGE 4
Header: Additional Information

59

In the past year, has the business or a listed owner been convicted of a felony committed during and in connection with a riot
or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or service
that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

6/16/20 11:16 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

6/16/20 11:16 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Within the last 5 years, for any felony, have you ever been convicted, plead guilty, plead nolo contendere, been placed on
pretrial diversion, or been placed on any form of parole or probation (including probation before judgment)?

Radio

Yes

No

6/16/20 11:16 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

6/16/20 11:16 PM

63

Name of Company

Text

No

NULL

6/16/20 11:16 PM

64

Phone Number

Text

No

0

6/16/20 11:16 PM

65

Street Address, City, State, Zip

Text

No

NULL

6/16/20 11:16 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

6/16/20 11:16 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

Yes

6/16/20 11:16 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

6/16/20 11:16 PM

DOJ-01-0000004369


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 128 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Verity Credit Union

6/16/20 11:16 PM

70

Account Number *

Text

Yes

7435330

6/16/20 11:16 PM

71

Routing Number *

Text

Yes

325081885

6/16/20 11:16 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

6/16/20 11:16 PM

Checkbox*

Yes

1

6/16/20 11:16 PM

Button

Yes

1

6/16/20 11:16 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:

On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000004370


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 129 of 246
Rapid Intake Form Data Lookup
Application #

Name
Business Name
IP Address
OIG Agent

3304925314
Eric Shibley
Dituri Construction LLC
2603:3023:31a:1000:39f8:7177:d4e0:c828
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 38
Admitted ________________

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.

1

Eligible Entity Verification

Radio

Yes

6/16/20 11:21 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

6/16/20 11:21 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

6/16/20 11:21 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through
the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

6/16/20 11:21 PM

5

Applicant does not derive more than one-third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

6/16/20 11:21 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

6/16/20 11:21 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

6/16/20 11:21 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

Dituri Construction LLC

6/16/20 11:21 PM

9

Trade Name *

Text

Yes

Dituri Construction LLC

6/16/20 11:21 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

6/16/20 11:21 PM

12

Is the Applicant a Non-Profit Organization? *

Radio

Yes

No

6/16/20 11:21 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

6/16/20 11:21 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$0

6/16/20 11:21 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$0

6/16/20 11:21 PM

16

Rental Properties (Residential and Commercial) Only - Lost Rents Due to the Disaster

Text

No

NULL

6/16/20 11:21 PM

17

Non-Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

6/16/20 11:21 PM

8508

DOJ-01-0000004382

6/16/20 11:21 PM


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 130 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

NULL

6/16/20 11:21 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

6/16/20 11:21 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

6/16/20 11:21 PM

21

City *

Text

Yes

Seattle

6/16/20 11:21 PM

22

State *

Picklist

Yes

WA

6/16/20 11:21 PM

23

County

Text

No

King

6/16/20 11:21 PM

24

Zip *

Text

Yes

98126

6/16/20 11:21 PM

25

Business Phone *

Text

Yes

(206)-938-4291

6/16/20 11:21 PM

26

Alternative Business Phone

Text

Yes

0

6/16/20 11:21 PM

27

Business Fax

Text

No

0

6/16/20 11:21 PM

28

Business Email *

Text

Yes

shibley98271@gmail.com

6/16/20 11:21 PM

29

Date Business Established *

Date

Yes

1/2/2020

6/16/20 11:21 PM

30

Current Ownership Since *

Date

Yes

1/7/2020

6/16/20 11:21 PM

31

Business Activity *

Picklist

Yes

ConstructionContractors

6/16/20 11:21 PM

32

Detailed Business Activity*

Picklist

Yes

ConstructionContractors

6/16/20 11:21 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

49

6/16/20 11:21 PM

Radio

Yes

No

6/16/20 11:21 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

6/16/20 11:21 PM

36

Street Address *

Text

Yes

NULL

6/16/20 11:21 PM

37

City *

Text

Yes

NULL

6/16/20 11:21 PM

38

State *

Picklist

Yes

NULL

6/16/20 11:21 PM

39

EIN *

Text

Yes

NULL

6/16/20 11:21 PM

40

ZIP *

Text

Yes

NULL

6/16/20 11:21 PM

DOJ-01-0000004383


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 131 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

41

Business Phone *

Text

Yes

NULL

6/16/20 11:21 PM

42

Business Email *

Text

Yes

NULL

6/16/20 11:21 PM

43

Business Type *

Picklist

Yes

NULL

6/16/20 11:21 PM

44

Ownership Percent *

Text

Yes

NULL

6/16/20 11:21 PM

Header: Individual Owner(s)
Header: Owner 1
45-a

First Name *

Text

Yes

Eric

6/16/20 11:21 PM

46-a

Last Name *

Text

Yes

Shibley

6/16/20 11:21 PM

47-a

Mobile Phone *

Text

Yes

(206)-771-7868

6/16/20 11:21 PM

48-a

Title / Office *

Picklist

Yes

Manager

6/16/20 11:21 PM

49-a

Ownership Percent *

Text

Yes

100

6/16/20 11:21 PM

50-a

Email *

Text

Yes

shibleenyc@yahoo.com

6/16/20 11:21 PM

51-a

SSN *

Text

Yes

5264

6/16/20 11:21 PM

52-a

Birth Date *

Date

Yes

1978

6/16/20 11:21 PM

53-a

Place Of Birth

Text

No

0

6/16/20 11:21 PM

54-a

U.S. Citizen *

Radio

Yes

Yes

6/16/20 11:21 PM

55-a

Residential Street Address *

Text

Yes

4700 36th Ave SW

6/16/20 11:21 PM

56-a

City *

Text

Yes

Seattle

6/16/20 11:21 PM

57-a

State *

Picklist

Yes

WA

6/16/20 11:21 PM

58-a

Zip *

Text

Yes

98126

6/16/20 11:21 PM

Header: Owner 2
45-b

First Name *

Text

Yes

NULL

6/16/20 11:21 PM

46-b

Last Name *

Text

Yes

NULL

6/16/20 11:21 PM

47-b

Mobile Phone *

Text

Yes

NULL

6/16/20 11:21 PM

48-b

Title / Office *

Picklist

Yes

NULL

6/16/20 11:21 PM

49-b

Ownership Percent *

Text

Yes

NULL

6/16/20 11:21 PM

DOJ-01-0000004384


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 132 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

50-b

Email *

Text

Yes

NULL

6/16/20 11:21 PM

51-b

SSN *

Text

Yes

NULL

6/16/20 11:21 PM

52-b

Birth Date *

Date

Yes

NULL

6/16/20 11:21 PM

53-b

Place Of Birth

Text

No

NULL

6/16/20 11:21 PM

54-b

U.S. Citizen *

Radio

Yes

NULL

6/16/20 11:21 PM

55-b

Residential Street Address *

Text

Yes

NULL

6/16/20 11:21 PM

56-b

City *

Text

Yes

NULL

6/16/20 11:21 PM

57-b

State *

Picklist

Yes

NULL

6/16/20 11:21 PM

58-b

Zip *

Text

Yes

NULL

6/16/20 11:21 PM

PAGE 4
Header: Additional Information

59

In the past year, has the business or a listed owner been convicted of a felony committed during and in connection with a riot
or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or service
that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

6/16/20 11:21 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

6/16/20 11:21 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Within the last 5 years, for any felony, have you ever been convicted, plead guilty, plead nolo contendere, been placed on
pretrial diversion, or been placed on any form of parole or probation (including probation before judgment)?

Radio

Yes

No

6/16/20 11:21 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

6/16/20 11:21 PM

63

Name of Company

Text

No

NULL

6/16/20 11:21 PM

64

Phone Number

Text

No

0

6/16/20 11:21 PM

65

Street Address, City, State, Zip

Text

No

NULL

6/16/20 11:21 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

6/16/20 11:21 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

6/16/20 11:21 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

6/16/20 11:21 PM

DOJ-01-0000004385


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 133 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Verity Credit Union

6/16/20 11:21 PM

70

Account Number *

Text

Yes

7435400

6/16/20 11:21 PM

71

Routing Number *

Text

Yes

325081885

6/16/20 11:21 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

6/16/20 11:21 PM

Checkbox*

Yes

1

6/16/20 11:21 PM

Button

Yes

1

6/16/20 11:21 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:

On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000004386


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page
of 246
U.S. 134
v. Shibley
CR20-174 JCC
Government Exhibit No. 39
Admitted ________________

Rapid Intake Form Data Lookup
Application #
Name
Business Name
IP Address
OIG Agent

3600260002
Eric Shibley
The A Team Holdings LLC
2603:3023:31a:1000:c4d6:36a6:8729:6dcc, 2603:3023:31a:1000:c4d6:36a6:8729:6dcc
Eric Hunter

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

PAGE 1
Applicant is a business with not more than 500 employees.
1

Eligible Entity Verification

Radio

Yes

3/31/20 4:21 PM

Header: Review and Check All of the Following: Applicant must review and check all the following (If Applicant is unable to check all of the following, Applicant is not an Eligible Entity):
2

Applicant is not engaged in any illegal activity (as defined by Federal guidelines).

Checkbox*

Yes

1

3/31/20 4:21 PM

3

No principal of the Applicant with a 50 percent or greater ownership interest is more than sixty (60) days delinquent on child support obligations.

Checkbox*

Yes

1

3/31/20 4:21 PM

4

Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue
through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

Checkbox*

Yes

1

3/31/20 4:21 PM

5

Applicant does not derive more than one‐third of gross annual revenue from legal gambling activities.

Checkbox*

Yes

1

3/31/20 4:21 PM

6

Applicant is not in the business of lobbying.

Checkbox*

Yes

1

3/31/20 4:21 PM

7

Applicant cannot be a state, local, or municipal government entity and cannot be a member of Congress.

Checkbox*

Yes

1

3/31/20 4:21 PM

PAGE 2
Header: Business Information
8

Business Legal Name *

Text

Yes

The A Team Holdings LLC

3/31/20 4:21 PM

9

Trade Name *

Text

Yes

The A Team Holdings LLC

3/31/20 4:21 PM

10

EIN/SSN for Sole Proprietorship *

Text

Yes

11

Organization Type*

Picklist

Yes

LLC

3/31/20 4:21 PM

12

Is the Applicant a Non‐Profit Organization? *

Radio

Yes

No

3/31/20 4:21 PM

13

Is the Applicant a Franchise? *

Radio

Yes

No

3/31/20 4:21 PM

14

Gross Revenues for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

$180,000

3/31/20 4:21 PM

15

Cost of Goods Sold for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020) *

Text

Yes

120000

3/31/20 4:21 PM

16

Rental Properties (Residential and Commercial) Only ‐ Lost Rents Due to the Disaster

Text

No

30000

3/31/20 4:21 PM

17

Non‐Profit or Agricultural Enterprise Cost of Operation for the Twelve(12) Month Prior to the Date of the Disaster (January 31, 2020)

Text

No

NULL

3/31/20 4:21 PM

18

Compensation From Other Sources Received as a Result of the Disaster

Text

No

0

3/31/20 4:21 PM

19

Provide Brief Description of Other Compensation Sources

Text

No

NULL

3/31/20 4:21 PM

20

Primary Business Address (Cannot be P.O. Box) *

Text

Yes

4700 36th Ave SW

3/31/20 4:21 PM

21

City *

Text

Yes

Seattle

3/31/20 4:21 PM

22

State *

Picklist

Yes

WA

3/31/20 4:21 PM

23

County

Text

No

King

3/31/20 4:21 PM

24

Zip *

Text

Yes

98126

3/31/20 4:21 PM

25

Business Phone *

Text

Yes

(206)‐938‐4291

3/31/20 4:21 PM

26

Alternative Business Phone

Text

Yes

NULL

3/31/20 4:21 PM

27

Business Fax

Text

No

(206)‐938‐4483

3/31/20 4:21 PM

28

Business Email *

Text

Yes

ers98126@gmail.com

3/31/20 4:21 PM

29

Date Business Established *

Date

Yes

43472

3/31/20 4:21 PM

30

Current Ownership Since *

Date

Yes

43503

3/31/20 4:21 PM

31

Business Activity *

Picklist

Yes

RealEstate

3/31/20 4:21 PM

32

Detailed Business Activity*

Picklist

Yes

RealEstatesDevelopers

3/31/20 4:21 PM

33

Number of Employees (As of January 31, 2020) *

Text

Yes

4

3/31/20 4:21 PM

Radio

Yes

No

3/31/20 4:21 PM

7088

3/31/20 4:21 PM

PAGE 3
Header: Business Owners Information
34

Is Your Business Owned by a Business Entity? *

DOJ-01-0000003611


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 135 of 246
FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

Header: Business Applicant Parent Entity
35

Legal Name *

Text

Yes

NULL

3/31/20 4:21 PM

36

Street Address *

Text

Yes

NULL

3/31/20 4:21 PM

37

City *

Text

Yes

NULL

3/31/20 4:21 PM

38

State *

Picklist

Yes

NULL

3/31/20 4:21 PM

39

EIN *

Text

Yes

NULL

3/31/20 4:21 PM

40

ZIP *

Text

Yes

NULL

3/31/20 4:21 PM

41

Business Phone *

Text

Yes

NULL

3/31/20 4:21 PM

42

Business Email *

Text

Yes

NULL

3/31/20 4:21 PM

43

Business Type *

Picklist

Yes

NULL

3/31/20 4:21 PM

44

Ownership Percent *

Text

Yes

NULL

3/31/20 4:21 PM

Header: Individual Owner(s)
Header: Owner 1
45‐a

First Name *

Text

Yes

Eric

3/31/20 4:21 PM

46‐a

Last Name *

Text

Yes

Shibley

3/31/20 4:21 PM

47‐a

Mobile Phone *

Text

Yes

(206)‐771‐7868

3/31/20 4:21 PM

48‐a

Title / Office *

Picklist

Yes

Manager

3/31/20 4:21 PM

49‐a

Ownership Percent *

Text

Yes

100

3/31/20 4:21 PM

50‐a

Email *

Text

Yes

ers98126@gmail.com

3/31/20 4:21 PM

51‐a

SSN *

Text

Yes

5264

3/31/20 4:21 PM

52‐a

Birth Date *

Date

Yes

1978

3/31/20 4:21 PM

53‐a

Place Of Birth

Text

No

Bangladesh

3/31/20 4:21 PM

54‐a

U.S. Citizen *

Radio

Yes

Yes

3/31/20 4:21 PM

55‐a

Residential Street Address *

Text

Yes

4700 36th Avv SW

3/31/20 4:21 PM

56‐a

City *

Text

Yes

Seattle

3/31/20 4:21 PM

57‐a

State *

Picklist

Yes

WA

3/31/20 4:21 PM

58‐a

Zip *

Text

Yes

98126

3/31/20 4:21 PM

Header: Owner 2
45‐b

First Name *

Text

Yes

NULL

3/31/20 4:21 PM

46‐b

Last Name *

Text

Yes

NULL

3/31/20 4:21 PM

47‐b

Mobile Phone *

Text

Yes

NULL

3/31/20 4:21 PM

48‐b

Title / Office *

Picklist

Yes

NULL

3/31/20 4:21 PM

49‐b

Ownership Percent *

Text

Yes

NULL

3/31/20 4:21 PM

50‐b

Email *

Text

Yes

NULL

3/31/20 4:21 PM

51‐b

SSN *

Text

Yes

NULL

3/31/20 4:21 PM

52‐b

Birth Date *

Date

Yes

NULL

3/31/20 4:21 PM

53‐b

Place Of Birth

Text

No

NULL

3/31/20 4:21 PM

54‐b

U.S. Citizen *

Radio

Yes

NULL

3/31/20 4:21 PM

55‐b

Residential Street Address *

Text

Yes

NULL

3/31/20 4:21 PM

56‐b

City *

Text

Yes

NULL

3/31/20 4:21 PM

57‐b

State *

Picklist

Yes

NULL

3/31/20 4:21 PM

58‐b

Zip *

Text

Yes

NULL

3/31/20 4:21 PM

PAGE 4
Header: Additional Information

DOJ-01-0000003612


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 136 of 246

FIELD # FORM NAME

TYPE

REQUIRED

VALUE

TIMESTAMP

59

In the past year, has the business or a listed owner been convicted of a criminal offense committed during and in connection
with a riot or civil disorder or other declared disaster, or ever been engaged in the production or distribution of any product or
service that has been determined to be obscene by a court of competent jurisdiction?

Radio

Yes

No

3/31/20 4:21 PM

60

Is the applicant or any listed owner currently suspended or debarred from contracting with the Federal government or
receiving Federal grants or loans?

Radio

Yes

No

3/31/20 4:21 PM

61

a. Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal
charges are brought in any jurisdiction?
b. Have you been arrested in the past six months for any criminal offense?
c. For any criminal offense ‐ other than a minor vehicle violation ‐ have you ever been convicted, plead guilty, plead nolo
contendere, been placed on pretrial diversion, or been placed on any form of parole or probation (including probation before
judgment)?

Radio

Yes

No

3/31/20 4:21 PM

Header: If anyone assisted you in completing this application, whether you pay a fee for this service or not, that person must enter their information below.
62

Individual Name

Text

No

NULL

3/31/20 4:21 PM

63

Name of Company

Text

No

NULL

3/31/20 4:21 PM

64

Phone Number

Text

No

NULL

3/31/20 4:21 PM

65

Street Address, City, State, Zip

Text

No

NULL

3/31/20 4:21 PM

66

Fee Charged or Agreed Upon

Text

No

NULL

3/31/20 4:21 PM

67

I give permission for SBA to discuss any portion of this application with the representative listed above.

Radio

Yes

No

3/31/20 4:21 PM

68

I would like to be considered for an advance of up to $10,000.

Checkbox*

No

1

3/31/20 4:21 PM

Header: Where to Send Funds
69

Bank Name *

Text

Yes

Wells Fargo

3/31/20 4:21 PM

70

Account Number *

Text

Yes

7621559116

3/31/20 4:21 PM

71

Routing Number *

Text

Yes

125008547

3/31/20 4:21 PM

72

I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.**

Checkbox*

Yes

1

3/31/20 4:21 PM

Checkbox*

Yes

1

3/31/20 4:21 PM

Button

Yes

1

3/31/20 4:21 PM

PAGE 5
Header: Summary
73

I'm not a robot

74

Submit

* Checkbox: 0 = unchecked, 1 = checked
** The checkbox field "I hereby certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct." is preceded by the following statement:
On behalf of the individual owners identified in this application and for the business applying for the loan:
I/We authorize my/our insurance company, bank, financial institution, or other creditors to release to SBA all records and information necessary
to process this application and for the SBA to obtain credit information about the individuals completing this application.
If my/our loan is approved, additional information may be required prior to loan closing. I/We will be advised in writing what information will be
required to obtain my/our loan funds. I/We hereby authorize the SBA to verify my/our past and present employment information and salary
history as needed to process and service a disaster loan.
I/We authorize SBA, as required by the Privacy Act, to release any information collected in connection with this application to Federal, state, local,
tribal or nonprofit organizations (e.g. Red Cross Salvation Army, Mennonite Disaster Services, SBA Resource Partners) for the purpose of assisting
me with my/our SBA application, evaluating eligibility for additional assistance, or notifying me of the availability of such assistance.
I/We will not exclude from participating in or deny the benefits of, or otherwise subject to discrimination under any program or activity for which
I/we receive Federal financial assistance from SBA, any person on grounds of age, color, handicap, marital status, national origin, race, religion, or
sex.
I/We will report to the SBA Office of the Inspector General, Washington, DC 20416, any Federal employee who offers, in return for compensation of
any kind, to help get this loan approved. I/We have not paid anyone connected with the Federal government for help in getting this loan.
CERTIFICATION AS TO TRUTHFUL INFORMATION: By signing this application, you certify that all information in your application and submitted
with your application is true and correct to the best of your knowledge, and that you will submit truthful information in the future.
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 half times 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.

DOJ-01-0000003613


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 137 of 246

Payment Path Report: Shibley 06-04-2020
Payment path specific to The A Team Holdings LL for Small Business Administration ACH payment
dated 04/26/2020 issued under Payee identification number EIDG:3600260002\:
Small Business Administration (ALC 73000001) located in Denver, Colorado, created and certified the
payment file and transmitted the file to the U.S. Treasury data processing site located in KROC in Kansas
City, Missouri.
A computer operator at the U.S. Treasury disbursing office located in Kansas City, Missouri, retrieved the
payment file from the data center and performed payment operations to complete processing of the
file.
The Automated Clearing House (ACH) payment file was transmitted to the Federal Reserve Bank (FRB)
ACH processing site located in East Rutherford, New Jersey.
The FRB ACH system processed the payment file and sorted specific payment transactions based upon
the routing and transit number (RTN 1250-0854-7) of the receiving financial institution, Wells Fargo
Bank NA, located in Phoenix, Arizona.

5|Page

DOJ-01-0000003882


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 138 of 246

Payment Path Report: Shibley 06-04-2020

6|Page

DOJ-01-0000003883


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 139 of 246

April 20, 2020
Eric Shibley
The A Team Holdings LLC
4700 36th Ave SW
Seattle, WA 98126
RE: SBA Disaster Loan Application Number: 3600260002
Dear Eric Shibley,
In these unprecedented times, we understand the challenges you are facing. The SBA is making every effort
to support small businesses, which are the backbone of the American economy. Unfortunately, although we
have made every effort to approve your loan request, we are unable to offer you a Economic Injury Disaster
Loan (EIDL) for the reason(s) described below. We are pleased that we were able to give you an EIDL
Advance under this program even though we are unable to make you a loan. We hope the Advance funds
will provide some relief in these difficult circumstances.
Business activity is not eligible. EIDL assistance is available only to a small business engaged in an
eligible business activity. Business activity means the nature of the business conducted by the
applicant.
The information you submitted with your application does not meet SBA regulations for an eligible
business activity.
If you disagree with our decision, you may request reconsideration, subject to the availability of funds. You
can submit your request to any of the following:
a. Mail your request to the address at the top of this letter.
b. Fax your request to: 202-481-5931.
c. E-mail your request to: pdcrecons@sba.gov.
Your request must:
1. Be in writing and be received by this office as soon as possible(but no later than 6 months from
the date of this letter.)
2. Contain all significant information that will overcome the decline/withdrawal reason(s).
We understand that this is a challenging time for your business and for the nation. The SBA has local
offices in your community which can refer you to resources that may be able to help you address the
underlying reason for your loan denial. For more information on these services, please go to
www.sba.gov/local-assistance to locate the email address and phone number for the nearest SBA district
office and/or SBA's resource partners. Please call or email for a virtual appointment.
If you have any questions regarding this matter, please contact us at 800-659-2955 (TTY: 1-800-877-8339).

SBA Form 2157B

1

DOJ-01-0000003606


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 140 of 246
Sincerely,
Application Processing Department
The Federal Equal Credit Opportunity Act, 15 U.S.C. §1691, prohibits creditors from discrimination against credit applicants on the basis of race, color, religion,
national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income
derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Protection Act. The Federal
agency that administers compliance with this law concerning this creditor is the Consumer Response Center, Federal Trade Commission, Washington, D.C.
20580.

SBA Form 2157B

2

DOJ-01-0000003607


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 141 of 246

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 40
Admitted ________________

DOJ-05-0000019410


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 142 of 246

DOJ-05-0000019411


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 143 of 246

DOJ-05-0000019412


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 144 of 246

DOJ-05-0000019413


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 145 of 246

From:
Sent:
To:
Subject:
Attachments:

Shibley Medical <shibleymedical@outlook.com>
Tuesday, May 5, 2020 3:20 PM
Jeremy Osaki
Re: WOMPLY/HARVEST SBF- PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC
SS1 LLC cloan docs: Harvest.pdf

Please find attached signed loan doc and voided check for ACH for the PPP loan.
Thank you.

From: Jeremy Osaki <notifications@venturesgo.com>
Sent: Tuesday, May 5, 2020 7:35 AM
To: Eric Shibley <shibleymedical@outlook.com>
Subject: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION
Dear Borrower,
Congratulations! Your PPP loan request has been approved by the SBA. Please review and execute the attached PPP Note and ACH Authorization. Once
completed, please send the executed PPP Note and ACH Authorization and a copy of a voided check from the account you would like your loan proceeds
deposited to pppnotes@harvestcref.com or fax to 949.534.9007. We are working extremely hard on your behalf and anticipate disbursing funds beginning on
Friday, May 8th. We appreciate your patience. Thank you.
IMPORTANT: Please be sure to send all of the items below, in the same email to pppnotes@harvestcref.com:





Executed PPP Note
Completed ACH Authorization
Copy of voided check/letter from bank (including Account Name, Account#, Routing#)
Please include the SBA Loan Number and your Business Name (found in your Note) in the subject line of the email to ensure timely processing and
disbursement of your funds.

PLEASE NOTE: If you already received loan documents from Round 1, you still need to execute this new set of loan documents and return them in order for us to
comply with the Paycheck Protection Program Liquidity Facility.
The language in the PPP Note is non‐negotiable, however if you identify any errors in the loan amount and/or borrowing entity name, please contact Jeremy
Osaki at josaki@harvestsbf.com and copy (cc) support@womply.com to ensure a timely response. For ALL other questions email ppp@harvestcref.com. Thank
you.
1

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 46
Admitted ________________


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 146 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 147 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 148 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 149 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 150 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 151 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 152 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 153 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 154 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 155 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 156 of 246


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 157 of 246

From:
Sent:
To:
Subject:

Shibley Medical <shibleymedical@outlook.com>
Wednesday, May 27, 2020 6:39 PM
Jeremy Osaki
Re: WOMPLY/HARVEST SBF- PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

My cell phone is 2067717868. They started a federal case # 20SZ33 , that’s crazy, I am dumbfounded.
Sent from my iPhone

On May 27, 2020, at 3:34 PM, Jeremy Osaki <josaki@harvestcref.com> wrote:
Hi there,
My apologies for the delay. Let me check with our Finance Team to see what can be done and I’ll have someone from Finance reach out to you,
most likely some time tomorrow morning. What’s the best number to reach you at?
Regards,
Jeremy Osaki
Senior Vice President
Asset Acquisition Specialist
josaki@harvestsbf.com
www.harvestsbf.com

<image001.png>
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the
sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.

1

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 47
Admitted ________________


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 158 of 246
From: Shibley Medical [mailto:shibleymedical@outlook.com]
Sent: Wednesday, May 27, 2020 11:25 AM
To: Jeremy Osaki <josaki@harvestcref.com>; pppnotes <pppnotes@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Hi Jeremy,
This PPP loan ACH got returned back to your bank. Can you please send it to another bank ? I will send you a voided check for the
new account if that is okay.
Thank you.

From: Shibley Medical <shibleymedical@outlook.com>
Sent: Tuesday, May 12, 2020 9:26 PM
To: Jeremy Osaki <josaki@harvestcref.com>; pppnotes@harvestcref.com <pppnotes@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Hi Jeremy,
Do you have any update when the ACh will be initiated on this PPP loan,PPP NOTE & ACH AUTHORIZATION Loan #4593717205

for SS1 LLC

Thank you.
From: Jeremy Osaki <josaki@harvestcref.com>
Sent: Wednesday, May 6, 2020 1:59 AM
To: Shibley Medical <shibleymedical@outlook.com>
Subject: RE: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Please be sure to send your executed documents directly to pppnotes@harvestcref.com or fax to 949.534.9007, if you haven’t
already done so.
Regards,
2


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 159 of 246
Jeremy Osaki
Senior Vice President
Asset Acquisition Specialist
josaki@harvestsbf.com
www.harvestsbf.com

<image001.png>
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the
sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.

From: Shibley Medical [mailto:shibleymedical@outlook.com]
Sent: Tuesday, May 05, 2020 12:20 PM
To: Jeremy Osaki <josaki@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Please find attached signed loan doc and voided check for ACH for the PPP loan.
Thank you.

From: Jeremy Osaki <notifications@venturesgo.com>
Sent: Tuesday, May 5, 2020 7:35 AM
To: Eric Shibley <shibleymedical@outlook.com>
Subject: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION

Dear Borrower,
Congratulations! Your PPP loan request has been approved by the SBA. Please review and execute the attached PPP Note and ACH
Authorization. Once completed, please send the executed PPP Note and ACH Authorization and a copy of a voided check from the
account you would like your loan proceeds deposited to pppnotes@harvestcref.com or fax to 949.534.9007. We are working
extremely hard on your behalf and anticipate disbursing funds beginning on Friday, May 8th. We appreciate your patience. Thank you.
IMPORTANT: Please be sure to send all of the items below, in the same email to pppnotes@harvestcref.com:
 Executed PPP Note
 Completed ACH Authorization
 Copy of voided check/letter from bank (including Account Name, Account#, Routing#)
3


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 160 of 246


Please include the SBA Loan Number and your Business Name (found in your Note) in the subject line of the email to
ensure timely processing and disbursement of your funds.
PLEASE NOTE: If you already received loan documents from Round 1, you still need to execute this new set of loan documents and
return them in order for us to comply with the Paycheck Protection Program Liquidity Facility.
The language in the PPP Note is non-negotiable, however if you identify any errors in the loan amount and/or borrowing entity
name, please contact Jeremy Osaki at josaki@harvestsbf.com and copy (cc) support@womply.com to ensure a timely response. For
ALL other questions email ppp@harvestcref.com. Thank you.

4


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 161 of 246

From: Shibley Medical [mailto:shibleymedical@outlook.com]
Sent: Monday, June 01, 2020 5:18 PM
To: Jeremy Osaki <josaki@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Thank you for your consideration.
From: Jeremy Osaki <josaki@harvestcref.com>
Sent: Monday, June 1, 2020 6:03 PM
1

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 48
Admitted ________________


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 162 of 246
To: Shibley Medical <shibleymedical@outlook.com>
Subject: RE: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC
Mr. Shibley,
Our Finance and Upper Management Team reviewed the information you provided and they have decided to pass on your loan request.
Harvest will be cancelling the SBA loan number (45937172‐05) for SS1 LLC. This will give you the ability to apply elsewhere, if you so choose. Thank you for the
opportunity.
Regards,
Jeremy Osaki
Senior Vice President
Asset Acquisition Specialist
josaki@harvestsbf.com
www.harvestsbf.com

The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this
message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.

From: Shibley Medical [mailto:shibleymedical@outlook.com]
Sent: Monday, June 01, 2020 7:36 AM
To: Jeremy Osaki <josaki@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Hi Jacob,
Do you have any update on this fund transfer? Are you okay to send the funds back now?
Thank you.
From: Shibley Medical <shibleymedical@outlook.com>
Sent: Friday, May 29, 2020 5:26 AM
2


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 163 of 246
To: Jeremy Osaki <josaki@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Hi Jeremy,
Your boss called earlier and asked for couple of names to verify that they are working on site , They know me by my name and 'A
Team', they are :
1. Mataese Tela 9664
Phone: 206-629-2468
2.Eric Pula 2825
phone:253-740-2750
3.David sandoval/Tika 0074
Phone:206-326-8690
4.Ronald Reel 2237
Phone: 206-376-1683
5.Sam Morgan 3218
phone: 206-225-4313
6. Carlita Lopez 6676
Phone: 206-806-3150
7. Lisa Velotta 0046
phone : 206-929-5458
8. Jerome Muna 3416
phone : 253-785-1441
9. Sarieck Butler-Hem 9367
Phone: 206-376-6874
10.Ronisha Smith 0350
Phone: 206-566-9952
3


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 164 of 246
Please let me know when you are ready to send the funds back. I will send you a new voided check.
Thank you.

From: Shibley Medical
Sent: Thursday, May 28, 2020 3:58 PM
To: Jeremy Osaki <josaki@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Just found out that number is not a federal case.
Sent from my iPhone
On May 27, 2020, at 3:38 PM, Shibley Medical <shibleymedical@outlook.com> wrote:
My cell phone is 2067717868. They started a federal case # 20SZ33 , that’s crazy, I am dumbfounded.
Sent from my iPhone
On May 27, 2020, at 3:34 PM, Jeremy Osaki <josaki@harvestcref.com> wrote:
Hi there,
My apologies for the delay. Let me check with our Finance Team to see what can be done and I’ll have someone from Finance
reach out to you, most likely some time tomorrow morning. What’s the best number to reach you at?
Regards,
Jeremy Osaki
Senior Vice President
Asset Acquisition Specialist
josaki@harvestsbf.com
www.harvestsbf.com

<image001.png>
4


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 165 of 246
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a
written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the
future.

From: Shibley Medical [mailto:shibleymedical@outlook.com]
Sent: Wednesday, May 27, 2020 11:25 AM
To: Jeremy Osaki <josaki@harvestcref.com>; pppnotes <pppnotes@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Hi Jeremy,
This PPP loan ACH got returned back to your bank. Can you please send it to another bank ? I will send you a voided
check for the new account if that is okay.
Thank you.

From: Shibley Medical <shibleymedical@outlook.com>
Sent: Tuesday, May 12, 2020 9:26 PM
To: Jeremy Osaki <josaki@harvestcref.com>; pppnotes@harvestcref.com <pppnotes@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Hi Jeremy,
Do you have any update when the ACh will be initiated on this PPP loan,PPP NOTE & ACH AUTHORIZATION Loan

#4593717205 for SS1 LLC
Thank you.
From: Jeremy Osaki <josaki@harvestcref.com>
Sent: Wednesday, May 6, 2020 1:59 AM
To: Shibley Medical <shibleymedical@outlook.com>
Subject: RE: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC
5


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 166 of 246
Please be sure to send your executed documents directly to pppnotes@harvestcref.com or fax to 949.534.9007, if
you haven’t already done so.
Regards,
Jeremy Osaki
Senior Vice President
Asset Acquisition Specialist
josaki@harvestsbf.com
www.harvestsbf.com

<image001.png>
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a
written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the
future.

From: Shibley Medical [mailto:shibleymedical@outlook.com]
Sent: Tuesday, May 05, 2020 12:20 PM
To: Jeremy Osaki <josaki@harvestcref.com>
Subject: Re: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION Loan #4593717205 for SS1 LLC

Please find attached signed loan doc and voided check for ACH for the PPP loan.
Thank you.

From: Jeremy Osaki <notifications@venturesgo.com>
Sent: Tuesday, May 5, 2020 7:35 AM
To: Eric Shibley <shibleymedical@outlook.com>
Subject: WOMPLY/HARVEST SBF‐ PPP NOTE & ACH AUTHORIZATION

Dear Borrower,
Congratulations! Your PPP loan request has been approved by the SBA. Please review and execute the attached PPP
Note and ACH Authorization. Once completed, please send the executed PPP Note and ACH Authorization and a copy
of a voided check from the account you would like your loan proceeds deposited to pppnotes@harvestcref.com or fax
6


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 167 of 246
to 949.534.9007. We are working extremely hard on your behalf and anticipate disbursing funds beginning on Friday,
May 8th. We appreciate your patience. Thank you.
IMPORTANT: Please be sure to send all of the items below, in the same email to pppnotes@harvestcref.com:
1. Executed PPP Note
2. Completed ACH Authorization
3. Copy of voided check/letter from bank (including Account Name, Account#, Routing#)
4. Please include the SBA Loan Number and your Business Name (found in your Note) in the subject line of
the email to ensure timely processing and disbursement of your funds.
PLEASE NOTE: If you already received loan documents from Round 1, you still need to execute this new set of loan
documents and return them in order for us to comply with the Paycheck Protection Program Liquidity Facility.
The language in the PPP Note is non-negotiable, however if you identify any errors in the loan amount and/or
borrowing entity name, please contact Jeremy Osaki at josaki@harvestsbf.com and copy (cc) support@womply.com to
ensure a timely response. For ALL other questions email ppp@harvestcref.com. Thank you.

7


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 168 of 246

From: Eric Shibley <shibley98126@gmail.com>
Sent: Thursday, June 18, 2020 11:01 AM
To: Rob Parkin <RParkin@celticbank.com>
Subject: Re: Dituri Construction, LLC
I got a loan decline notification from Celtic. Did you cancel my SBA loan number or it is still active?
Thank you.
On Mon, Jun 1, 2020 at 7:32 AM Eric Shibley <shibley98126@gmail.com> wrote:
Hi Rob,
Do you have any update on this fund transfer? Are you okay to send the funds back now?
Thank you.
On Thu, May 28, 2020 at 12:36 AM Eric Shibley <shibley98126@gmail.com> wrote:
Hi Rob,
Your boss called earlier and asked for 5 to 10 names to verify that they are working on site , They know me by my
name and 'A Team', they are :
1. Mataese Tela 9664
Phone: 206-629-2468
2.Eric Pula 2825
phone:253-740-2750
3.David sandoval/Tika 0074
Phone:206-326-8690
4.Ronald Reel 2237
Phone: 206-376-1683
5.Sam Morgan 3218
phone: 206-225-4313

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 50
Admitted ________________

6. Carlita Lopez 6676
2

DOJ-02-0000007079


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 169 of 246
Phone: 206-806-3150
7. Lisa Velotta 0046
phone : 206-929-5458
He said by Friday Celtic bank should be able to ACH the funds back and he asked for a new bank account. Here is the
ACH instruction to a new account to send the money back:

Checking account : 3805245564 routing:125008547
Thank you.
On Wed, May 27, 2020 at 7:54 AM Rob Parkin <RParkin@celticbank.com> wrote:
This seems odd to me. Let me see what I can find out for you.

Rob Parkin
Underwriter
268 S. State Street | Suite 300 | Salt Lake City | UT | 84111

Tel: 801 320 6582
Fax: 801 303 1941

Web: https://celticbank.com

From: Eric Shibley <shibley98126@gmail.com>
Sent: Tuesday, May 26, 2020 11:44 PM
To: Rob Parkin <RParkin@celticbank.com>
Subject: Re: Dituri Construction, LLC

I see that the entire loan amount of $563,500 got returned to your bank from my bank account today. It was ACH
deposited on 05/06/2020 and returned today to your bank on 05/26/2020 before anything was used for any
purposes. What do you suggest we do? I am in Washington state. Do you want to send it to another bank who knows
me better and more helpful? Please advise.

Thank you.

On Tue, May 5, 2020 at 8:53 AM Rob Parkin <RParkin@celticbank.com> wrote:
3

DOJ-02-0000007080


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 170 of 246
Yes! The ACH was initiated yesterday. So you should see the funds within 24-48 hours.

If you don’t see them by Thursday please let me know so I can track down the ACH for you.

Rob Parkin
Underwriter
268 S. State Street | Suite 300 | Salt Lake City | UT | 84111

Tel: 801 320 6582
Fax: 801 303 1941

Web: https://celticbank.com
***NOTICE OF PRIVILEGED AND/OR CONFIDENTIAL NATURE OF THIS COMMUNICATION***
This message is being sent from a financial institution and may contain information which is confidential or privileged. If you are
not the intended recipient, or a person responsible for delivering a copy to the intended recipient, please advise the sender by
reply e-mail or by calling the sender. Immediately delete this message and any attachments without forwarding or making or
retaining a copy.

TAX DISCLOSURE: Any reference in this transmission, including attachments, to federal tax matters cannot be relied upon to avoid
tax penalties and may not be used or referred to in marketing or promotional materials.

From: Eric Shibley <shibley98126@gmail.com>
Sent: Tuesday, May 5, 2020 9:36 AM
To: Rob Parkin <RParkin@celticbank.com>
Subject: Re: Dituri Construction, LLC

Do we have the ACH started yet? Thank you.

On Mon, May 4, 2020 at 8:06 AM Rob Parkin <RParkin@celticbank.com> wrote:
Thank you. I will try my best to get the ACH started today.

Rob Parkin
Underwriter
268 S. State Street | Suite 300 | Salt Lake City | UT | 84111

Tel: 801 320 6582
Fax: 801 303 1941

4

DOJ-02-0000007081


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 171 of 246
Web: https://celticbank.com
***NOTICE OF PRIVILEGED AND/OR CONFIDENTIAL NATURE OF THIS COMMUNICATION***
This message is being sent from a financial institution and may contain information which is confidential or privileged. If you are
not the intended recipient, or a person responsible for delivering a copy to the intended recipient, please advise the sender by
reply e-mail or by calling the sender. Immediately delete this message and any attachments without forwarding or making or
retaining a copy.

TAX DISCLOSURE: Any reference in this transmission, including attachments, to federal tax matters cannot be relied upon to avoid
tax penalties and may not be used or referred to in marketing or promotional materials.

From: Eric Shibley <shibley98126@gmail.com>
Sent: Monday, May 4, 2020 9:03 AM
To: Rob Parkin <RParkin@celticbank.com>
Subject: Re: Dituri Construction, LLC

Thank you, I signed the loan docs.

On Mon, May 4, 2020 at 7:55 AM Rob Parkin <RParkin@celticbank.com> wrote:
Eric-

Thank you for being so patient with me during this process. I am going to be sending out loan docs in a few a
minutes—they will be coming from DocuSign. You will need a password to access them which will be: 0504.

Let me know if you have any questions or concerns.

Rob Parkin
Underwriter
268 S. State Street | Suite 300 | Salt Lake City | UT | 84111

Tel: 801 320 6582
Fax: 801 303 1941

Web: https://celticbank.com
5

DOJ-02-0000007082


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 172 of 246
***NOTICE OF PRIVILEGED AND/OR CONFIDENTIAL NATURE OF THIS COMMUNICATION***
This message is being sent from a financial institution and may contain information which is confidential or privileged. If you are
not the intended recipient, or a person responsible for delivering a copy to the intended recipient, please advise the sender by
reply e-mail or by calling the sender. Immediately delete this message and any attachments without forwarding or making or
retaining a copy.

TAX DISCLOSURE: Any reference in this transmission, including attachments, to federal tax matters cannot be relied upon to av oid
tax penalties and may not be used or referred to in marketing or promotional materials.

***NOTICE OF PRIVILEGED AND/OR CONFIDENTIAL NATURE OF THIS COMMUNICATION***
This message is being sent from a financial institution and may contain information which is confidential or
privileged. If you are not the intended recipient, or a person responsible for delivering a copy to the intended
recipient, please advise the sender by reply e-mail or by calling the sender. Immediately delete this message and any
attachments without forwarding or making or retaining a copy.
TAX DISCLOSURE: Any reference in this transmission, including attachments, to federal tax matters cannot be relied
upon to avoid tax penalties and may not be used or referred to in marketing or promotional materials.

6

DOJ-02-0000007083


Case 2:20-cr-00174-JCC Document 137-8 U.S.
Filed v.
11/26/21
ShibleyPage 173 of 246
Secure Messaging

CR20-174 JCC
Government Exhibit No. 53
Admitted ________________

Page 1 of 5

RE: SBA PPP - ES1: Incomplete Application
<ers98126@gmail.com>
04/25/2020 at 05:46 PM

From: <ers98126@gmail.com>
Sent: 04/25/2020 at 05:46 PM
To: Garcia, John <john.garcia@becu.org>
Cc:
2 Attachment(s) Total 600.3 KB View 
ES1 LLC Paycheck-Protection-Program-Application-3-30-2020-v3-2.pdf (228.2 KB) Download
941 ES1 LLC.pdf (372.1 KB) Download

You're right, I corrected the PPP application to change the loan amount based on the actual numbers in tax
filings which is attached.Also corrected the address.
No individual employee received more than $100,000/ year.
Form 941 reflects the payroll for 01/2020 and 02/2020 which meets the SBA requirement for pay period
covering 02/15/2020.

Thank you.

From: "Garcia, John" <john.garcia@becu.org>
Date: Sat Apr 25 20:24:43 EDT 2020
To: "ers98126@gmail.com" <ers98126@gmail.com>
Subject: RE: SBA PPP - ES1: Incomplete Application
Mimecast Secure Message - Highly Sensitive Content
Maintain message security by replying via the Mimecast Secure Messaging web app, or selecting the 'Send Secure'
option in Mimecast for Mac or Mimecast for Outlook.

Thank you, IRS Form W-3 is acceptable, but when I take the total from box 1 and divide by 12, I do not
arrive at the Average Monthly Payroll amount reflected on the application. I have also received update
guidance since I sent my original email. I will recap the incomplete items below:
1.

Please update the Average Monthly Payroll on the application to reflect the amount supported by

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 174 of 246
Secure Messaging

Page 2 of 5

IRS Form W-3 provided. We take box 1 and divide by 12.
2.

Also, if any individual employee received wages in excess of $100,000, please remove the amount
over $100,000 from the total before calculating.

3.

The loan request is capped at 2.5 times the Average Monthly Payroll.

4.

The business city, state and zip is missing on the application.

5.

The SBA is now requiring: “A payroll statement or similar documentation from the pay period that
covered February 15, 2020 must be provided to establish you were in operation and had
employees on that date.”

We process applications in the order they are received and applications are queued for E-Tran once they
are complete.

I am here if you have any questions. I can be reached at (206) 439-5080.

Thank you,
cid:image001.png@01D
61B24.84A0C670

John Garcia

MLO# 1624395
Director – Consumer Lending Processing

t 206.439.5080 | e john.garcia@becu.org
Gateway South | Mailstop 1042-1

cid:im

Official Credit Union of the Seattle Seahawks

Please consider the environment before printing this email.

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Secure Messaging

Page 3 of 5

From: ers98126@gmail.com [mailto:ers98126@gmail.com]
Sent: Saturday, April 25, 2020 4:57 PM
To: Garcia, John <john.garcia@becu.org>
Subject: Re: SBA PPP - ES1: Incomplete Application

Mimecast Secure Message – Highly Sensitive Content
Maintain the message's security by replying via the Mimecast Secure Messaging web app, or selecting the 'Send Secure'
option in a Mimecast Application.

The form W3 for 2019 list the entire 2019 payroll and form 941 for first quarter 2020 lists the payroll for 01/2020
and 02/2020. So you got 14 months of payroll from these two forms.

Also corrected PPP application with all boxes checked and explanation of Q 3.

Can we eTran the application first hour 7:30 am Monday morning ?

Thank you.

From: "Garcia, John" <john.garcia@becu.org>
Date: Sat Apr 25 15:28:19 EDT 2020
To: "ers98126@gmail.com" <ers98126@gmail.com>
Subject: SBA PPP - ES1: Incomplete Application
Mimecast Secure Message - Highly Sensitive Content
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option in Mimecast for Mac or Mimecast for Outlook.

Hi Eric,

I am processing your application and there are a few items that we need to resolve before we can move
forward:

1.

Business Address: Missing City, State and Zip

2.

Question 6: Please select an answer

3.

Verification of Monthly Payroll:

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 176 of 246
Secure Messaging

4.

Page 4 of 5

a.

I only see 1 form 941 in the file. We need to have 12 months of data.

b.

I will need the Q2-2019, Q3-2019 and Q4-2019 so we have a complete 12 months of payroll
data.

To calculate the monthly average payroll, I will take the sum of the 4 form 941’s and divide by 12.
a.

There are some exceptions to this, please call me if you like to discuss.

As you know, the funds are expected to be depleted very quickly. We can only submit complete applications to
request funds, so please contact me as soon as possible to resolve the outstanding items.

I am here to help, so feel free to reach out if you have any questions.

Thank you,
cid:image001.png@01D
61B24.84A0C670

John Garcia

MLO# 1624395
Director – Consumer Lending Processing

t 206.439.5080 | e john.garcia@becu.org
Gateway South | Mailstop 1042-1

cid:im

Official Credit Union of the Seattle Seahawks

Please consider the environment before printing this email.

NOTICE: This communication and any attachments may contain privileged or otherwise confidential information. If you
are not the intended recipient or believe that you may have received this communication in error, please reply to the
sender indicating that fact and delete the copy you received without printing, copying, re-transmitting, disseminating,
or otherwise using the information. Thank you.

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 177 of 246
Secure Messaging

Page 5 of 5

NOTICE: This communication and any attachments may contain privileged or otherwise confidential information. If you
are not the intended recipient or believe that you may have received this communication in error, please reply to the
sender indicating that fact and delete the copy you received without printing, copying, re-transmitting, disseminating,
or otherwise using the information. Thank you.

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DOJ-01-0000000141


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 178 of 246

DOJ-01-0000000133


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DOJ-01-0000000134


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 180 of 246

Paycheck Protection Program

OMB Control No.: 3245-0407
Expiration Date: 09/30/2020

Borrower Application Form
Check One:

Sole proprietor
Partnership
C-Corp
S-Corp
LLC
(
Independent contractor
Eligible self-employed individual
501(c)(3) nonprofit
501(c)(19) veterans organization
Tribal business (sec. 31(b)(2)(C) of Small Business Act)
Other

DBA or Tradename if Applicable

Business Legal Name
Business Address

Business TIN (EIN, SSN)

Business Phone

(
Primary Contact

Average Monthly Payroll:

$

x 2.5 + EIDL, Net of
Advance (if Applicable)
Equals Loan Request:

$

)

Email Address

Number of Employees:

Purpose of the loan
(select more than one):

Payroll

Lease / Mortgage Interest

Utilities

Other (explain):__________________

Applicant Ownership
List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary.
Owner Name

Title

Ownership %

TIN (EIN, SSN)

Address

If questions (1) or (2) below are answered “Yes,” the loan will not be approved.
Question

Yes

1.

Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible,
voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any
bankruptcy?

2.

Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or
guaranteed loan from SBA or any other Federal agency that is currently delinquent or has defaulted in the last 7 years and
caused a loss to the government?

3.

Is the Applicant or any owner of the Applicant an owner of any other business, or have common management with, any other
business? If yes, list all such businesses and describe the relationship on a separate sheet identified as addendum A.

4.

Has the Applicant received an SBA Economic Injury Disaster Loan between January 31, 2020 and April 3, 2020? If yes,
provide details on a separate sheet identified as addendum B.

No

If questions (5) or (6) are answered “Yes,” the loan will not be approved.

Yes

Question
5.

No

Is the Applicant (if an individual) or any individual owning 20% 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?
Initial here to confirm your response to question 5

6.

Within the last 5 years, for any felony, has the Applicant (if an individual) or any owner of the Applicant 1)
been convicted; 2) pleaded guilty; 3) pleaded nolo contendere; 4) been placed on pretrial diversion; or 5) been
placed on any form of parole or probation (including probation before judgment)?
Initial here to confirm your response to question 6

7.

Is the United States the principal place of residence for all employees of the Applicant included in the
Applicant’s payroll calculation above?

8.

Is the Applicant a franchise that is listed in the SBA’s Franchise Directory?
1

SBA Form 2483 (04/20)

DOJ-01-0000000203


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 181 of 246

Paycheck Protection Program
Borrower Application Form
By Signing Below, You Make the Following Representations, Authorizations, and Certifications
CERTIFICATIONS AND AUTHORIZATIONS
I certify that:
I have read the statements included in this form, including the Statements Required by Law and Executive Orders, and I understand them.
The Applicant is eligible to receive a loan under the rules in effect at the time this application is submitted that have been issued by the
Small Business Administration (SBA) implementing the Paycheck Protection Program under Division A, Title I of the Coronavirus
Aid, Relief, and Economic Security Act (CARES Act) (the Paycheck Protection Program Rule).
The Applicant (1) is an independent contractor, eligible self-employed individual, or sole proprietor or (2) employs no more
than the greater of 500 or employees or, if applicable, the size standard in number of employees established by the SBA in 13
C.F.R. 121.201 for the Applicant’s industry.
I will comply, whenever applicable, with the civil rights and other limitations in this form.
All SBA loan proceeds will be used only for business-related purposes as specified in the loan application and consistent with the
Paycheck Protection Program Rule.
To the extent feasible, I will purchase only American-made equipment and products.
The Applicant is not engaged in any activity that is illegal under federal, state or local law.
Any loan received by the Applicant under Section 7(b)(2) of the Small Business Act between January 31, 2020 and April 3, 2020 was
for a purpose other than paying payroll costs and other allowable uses loans under the Paycheck Protection Program Rule.
For Applicants who are individuals: I authorize the SBA to request criminal record information about me from criminal justice agencies for the
purpose of determining my eligibility for programs authorized by the Small Business Act, as amended.
CERTIFICATIONS
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:
_____

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 Form(s) 1099-MISC.

_____

Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.

_____

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.

_____

The Applicant will provide to the Lender documentation verifying the number of full-time equivalent employees on the Applicant’s
payroll as well as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities
for the eight-week period following this loan.

_____

I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments,
covered rent payments, and covered utilities, and not more than 25% of the forgiven amount may be for non-payroll costs.

_____

During the period beginning on February 15, 2020 and ending on December 31, 2020, the Applicant has not and will not receive another
loan under the Paycheck Protection Program.

_____

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 of up 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.

_____

I acknowledge that the lender will confirm the eligible loan amount using required documents submitted. I understand,
acknowledge and agree that the Lender can share any tax information that I have provided with SBA's authorized representatives,
including authorized representatives of the SBA Office of Inspector General, for the purpose of compliance with SBA Loan
Program Requirements and all SBA reviews.

_________________________________________________________
Signature of Authorized Representative of Applicant

________________________
Date

Print Name

Title
2

SBA Form 2483 (04/20)

DOJ-01-0000000204


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 182 of 246

Paycheck Protection Program
Borrower Application Form
Purpose of this form:
This form is to be completed by the authorized representative of the Applicant and submitted to your SBA Participating Lender. Submission of
the requested information is required to make a determination regarding eligibility for financial assistance. Failure to submit the information
would affect that determination.
Instructions for completing this form:
With respect to “purpose of the loan,” 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, wage, commissions, income, or net earnings from self-employment or similar compensation.
For purposes of calculating “Average Monthly Payroll,” most Applicants will use the average monthly payroll for 2019, excluding costs over
$100,000 on an annualized basis for each employee. For seasonal businesses, the Applicant may elect to instead use average monthly payroll
for the time period between February 15, 2019 and June 30, 2019, excluding costs over $100,000 on an annualized basis for each employee.
For new businesses, average monthly payroll may be calculated using the time period from January 1, 2020 to February 29, 2020, excluding
costs over $100,000 on an annualized basis for each employee.
If Applicant is refinancing an Economic Injury Disaster Loan (EIDL): Add the outstanding amount of an EIDL made between January 31, 2020
and April 3, 2020, less the amount of any “advance” under an EIDL COVID-19 loan, to Loan Request as indicated on the form.
All parties listed below are considered owners of the Applicant as defined in 13 CFR § 120.10, as well as “principals”:
For a sole proprietorship, the sole proprietor;
For a partnership, all general partners, and all limited partners owning 20% or more of the equity of the firm;
For a corporation, all owners of 20% or more of the corporation;
For limited liability companies, all members owning 20% or more of the company; and
Any Trustor (if the Applicant is owned by a trust).
Paperwork Reduction Act – You are not required to respond to this collection of information unless it displays a currently valid OMB
Control Number. The estimated time for completing this application, including gathering data needed, is 8 minutes. Comments about this time
or the information requested should be sent to : Small Business Administration, Director, Records Management Division, 409 3rd St., SW,
Washington DC 20416., and/or SBA Desk Officer, Office of Management and Budget, New Executive Office Building, Washington DC
20503.
Privacy Act (5 U.S.C. 552a) – Under the provisions of the Privacy Act, you are not required to provide your social security number. Failure to
provide your social security number may not affect any right, benefit or privilege to which you are entitled. (But see Debt Collection Notice
regarding taxpayer identification number below.) Disclosures of name and other personal identifiers are required to provide SBA with
sufficient information to make a character determination. When evaluating character, SBA considers the person’s integrity, candor, and
disposition toward criminal actions. Additionally, SBA is specifically authorized to verify your criminal history, or lack thereof, pursuant to
section 7(a)(1)(B), 15 USC Section 636(a)(1)(B) of the Small Business Act (the Act).
Disclosure of Information – Requests for information about another party may be denied unless SBA has the written permission of the
individual to release the information to the requestor or unless the information is subject to disclosure under the Freedom of Information Act.
The Privacy Act authorizes SBA to make certain “routine uses” of information protected by that Act. One such routine use is the disclosure of
information maintained in SBA’s system of records when this information indicates a violation or potential violation of law, whether civil,
criminal, or administrative in nature. Specifically, SBA may refer the information to the appropriate agency, whether Federal, State, local or
foreign, charged with responsibility for, or otherwise involved in investigation, prosecution, enforcement or prevention of such violations.
Another routine use is disclosure to other Federal agencies conducting background checks but only to the extent the information is relevant to
the requesting agencies' function. See, 74 F.R. 14890 (2009), and as amended from time to time for additional background and other routine
uses. In addition, the CARES Act, requires SBA to register every loan made under the Paycheck Protection Act using the Taxpayer
Identification Number (TIN) assigned to the borrower.
Debt Collection Act of 1982, Deficit Reduction Act of 1984 (31 U.S.C. 3701 et seq. and other titles) – SBA must obtain your taxpayer
identification number when you apply for a loan. If you receive a loan, and do not make payments as they come due, SBA may: (1) report the
status of your loan(s) to credit bureaus, (2) hire a collection agency to collect your loan, (3) offset your income tax refund or other amounts
due to you from the Federal Government, (4) suspend or debar you or your company from doing business with the Federal Government, (5)
refer your loan to the Department of Justice, or (6) foreclose on collateral or take other action permitted in the loan instruments.
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401) – The Right to Financial Privacy Act of 1978, grants SBA access rights to
financial records held by financial institutions that are or have been doing business with you or your business including any financial
3
SBA Form 2483 (04/20)

DOJ-01-0000000205


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 183 of 246

Paycheck Protection Program
Borrower Application Form
institutions participating in a loan or loan guaranty. SBA is only required provide a certificate of its compliance with the Act to a financial
institution in connection with its first request for access to your financial records. SBA's access rights continue for the term of any approved
loan guaranty agreement. SBA is also authorized to transfer to another Government authority any financial records concerning an approved
loan or loan guarantee, as necessary to process, service or foreclose on a loan guaranty or collect on a defaulted loan guaranty.
Freedom of Information Act (5 U.S.C. 552) – Subject to certain exceptions, SBA must supply information reflected in agency files and
records to a person requesting it. Information about approved loans that will be automatically released includes, among other things, statistics
on our loan programs (individual borrowers are not identified in the statistics) and other information such as the names of the borrowers (and
their officers, directors, stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms
and the maturity. Proprietary data on a borrower would not routinely be made available to third parties. All requests under this Act are to be
addressed to the nearest SBA office and be identified as a Freedom of Information request.
Occupational Safety and Health Act (15 U.S.C. 651 et seq.) – The Occupational Safety and Health Administration (OSHA) can require
businesses to modify facilities and procedures to protect employees. Businesses that do not comply may be fined, forced to cease operations,
or prevented from starting operations. Signing this form is certification that the applicant, to the best of its knowledge, is in compliance with
the applicable OSHA requirements, and will remain in compliance during the life of the loan.
Civil Rights (13 C.F.R. 112, 113, 117) – All businesses receiving SBA financial assistance must agree not to discriminate in any business
practice, including employment practices and services to the public on the basis of categories cited in 13 C.F.R., Parts 112, 113, and 117 of
SBA Regulations. All borrowers must display the "Equal Employment Opportunity Poster" prescribed by SBA.
Equal Credit Opportunity Act (15 U.S.C. 1691) – Creditors are prohibited from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status or age (provided the applicant has the capacity to enter into a binding contract); because all
or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right
under the Consumer Credit Protection Act.
Debarment and Suspension Executive Order 12549; (2 CFR Part 180 and Part 2700) – By submitting this loan application, you certify
that neither the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or
voluntarily excluded from participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final
determination still pending; (c) indicted, convicted, or had a civil judgment rendered against you for any of the offenses listed in the
regulations or (d) delinquent on any amounts owed to the U.S. Government or its instrumentalities as of the date of execution of this
certification.

4
SBA Form 2483 (04/20)

DOJ-01-0000000206


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 184 of 246

Legal Response Center
1800 Bishops Gate Boulevard
Mount Laurel, NJ 08054
866-947-8572 Tel
866-947-5587 Fax

CONFIDENTIAL
June 3, 2020
Special Agent Tyler Yetter
Treasury Inspector General for Tax Admin
RE:

Subpoena
Comcast File #: LCR504212 & LCR505565

Dear Special Agent Yetter:
The Subpoena received on 05-28-2020 with respect to the above referenced matter has been
forwarded to the Legal Response Center for a reply. The Subpoena requests Comcast to produce
certain subscriber records pertaining to the following IP Addresses assigned on the various dates and
times as listed on the attachment to the Subpoena:
•
•

73.109.30.232
2603:3023:31a:1000:99dd:8357:854d:a527

Based on the information provided pursuant to the Subpoena, the subscriber information
obtained is provided below:
Subscriber Name:
SSN:
Service Address:
Billing Address:
Telephone #:
Type of Service:
Account Number:
Start of Service:
Account Status:
IP Assignment:
Current IP:
IP History:
MAC Address:
E-mail User Ids:

SHIBLEY MEDICAL
None Found
4700 36TH AVE SW
SEATTLE, WA 981262716
4700 36TH AVE SW
SEATTLE, WA 981262716
(206) 938-4291
High Speed Internet Service
8498320053261172
06-22-2017
Active
Dynamically Assigned
See attached as of date of Subpoena (*)
See attached
14:98:7d:2e:2b:c4 & a4:15:88:6d:0d:39
None Found

If you have any questions regarding this matter, please feel free to call 866-947-8572.
Very Truly Yours,
Comcast Legal Response Center

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 62
Admitted ________________


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 185 of 246

Comcast File #: LCR504212 & LCR505565
CURRENT IP/IP HISTORY
IP
IP Address

Lease Grant
(UTC)

Subscriber
ID

12/06/2019
14:39:38

Lease
Expiration
(UTC)
05/28/2020
00:00:00

2001:0558:600A:0087:749B:
8EDA:3339:0B33*
73.109.30.232*

12/06/2019
21:20:48

05/28/2020
00:00:00

849832005
3261172

Start Address

End Address

Lease Grant
(UTC)

Subscriber
ID

2603:3023:031A:1000:0000:
0000:0000:0000*

2603:3023:031A:10FF:FFFF:
FFFF:FFFF:FFFF*

12/06/2019
14:48:04

Lease
Expiration
(UTC)
05/28/2020
00:00:00

849832005
3261172

IPv6 Prefix

849832005
3261172

IP
IP Address

Lease Grant (UTC)

Lease Expiration (UTC)

Subscriber ID

21.235.72.45*

12/06/2019 03:52:34

05/28/2020 00:00:00

8498320053261172


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 186 of 246

Legal Response Center
1800 Bishops Gate Boulevard
Mount Laurel, NJ 08054
866-947-8572 Tel
866-947-5587 Fax

CONFIDENTIAL
June 4, 2020
Special Agent Tyler Yetter
Treasury Inspector General for Tax Administration
5000 Ellin Road
Lanham, Maryland (MD) 20706
RE:

Subpoena
Comcast File #: LCR504529

Dear Special Agent Yetter:
The Subpoena received on 05-29-2020 with respect to the above referenced matter has been
forwarded to the Legal Response Center for a reply. The Subpoena requests Comcast to produce
certain subscriber records pertaining to the following IP Address:
2603:3023:31a:1000:c9d5:5054:bcb9:5cf0 assigned on 05-28-2020 at various times between
11:24:35 PM UTC and 11:43:30 PM UTC, as listed on the Subpoena.
Based on the information provided pursuant to the Subpoena, the subscriber information
obtained is provided below:
Subscriber Name:
SSN:
Service Address:
Billing Address:
Telephone #:
Type of Service:
Account Number:
Start of Service:
Account Status:
IP Assignment:
Current IP:
IP History:
MAC Address:
E-mail User Ids:

SHIBLEY MEDICAL
None Found
4700 36TH AVE SW
SEATTLE, WA 981262716
4700 36TH AVE SW
SEATTLE, WA 981262716
(206) 938-4291
High Speed Internet Service
8498320053261172
6-22-2017
Active
Dynamically Assigned
See attached as of date of Subpoena (*)
See Attached
14:98:7d:2e:2b:c4, a4:15:88:6d:0d:39
None Found

If you have any questions regarding this matter, please feel free to call 866-947-8572.
Very Truly Yours,
Comcast Legal Response Center


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 187 of 246

Current IP / IP History (Comcast File #: LCR504529)
IP Address

Lease Grant Lease
(UTC)
Expiration
(UTC)
12/08/2019 05/29/2020
14:39:40
00:00:00

Subscriber
ID

73.109.30.232*

12/08/2019
21:20:50

05/29/2020
00:00:00

849832005
3261172

IPv6 Prefix
Start Address

End Address

Subscriber
ID

2603:3023:031A:1000:00
00:0000:0000:0000*

2603:3023:031A:10FF:FFF
F:FFFF:FFFF:FFFF*

Lease Grant Lease
(UTC)
Expiration
(UTC)
12/08/2019 05/29/2020
14:48:06
00:00:00

2001:0558:600A:0087:749
B:8EDA:3339:0B33*

IP Address
21.235.72.45*

Lease Grant
(UTC)
12/09/2019
15:52:31

Lease Expiration
(UTC)
05/29/2020
00:00:00

849832005
3261172

849832005
3261172

Subscriber ID
8498320053261172


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page
188v.
of 246
U.S.
Shibley

############## * Google Confidential and Proprietary * ###############

GOOGLE SUBSCRIBER INFORMATION

CR20-174 JCC
Government Exhibit No. 63
Admitted ________________

Google Account ID: 198134046325
Name: Eric Shibley
e-Mail: ers98126@gmail.com
Alternate e-Mails:
Created on: 2014-08-22 04:52:46 UTC
Terms of Service IP: 2607:fb90:2c2a:f1cd:a43a:27be:90e5:46be
Services: Web & App Activity, Gmail, Google Photos, Android, Google Calendar, Google Hangouts, Location
History, YouTube, Google Play, Google Chrome Sync, Google Cloud Print, Google Maps Engine, Google
Payments, Google Services, Has Madison Account, Google Docs, Google Drive, Google My Maps, Google My
Business, Google Maps, Google Analytics, Google AdWords, Google Keep, Device Centric Auth
Deletion Date:
Deletion IP:
Last Logins: 2020-07-01 02:59:57 UTC, 2020-06-30 02:57:06 UTC, 2020-06-29 02:54:27 UTC
ACCOUNT RECOVERY
Recovery e-Mail: shibleenyc@yahoo.com
Recovery SMS: +12067717868 [US]
PHONE NUMBERS
Signin Phone Numbers:
2-Step Verification Phone Numbers:

IP ACTIVITY
Timestamp

IP Address

2020-06-24 17:24:42 UTC

2603:3023:31a:1000:908d:dc2:88bb:f09f

Login

2020-06-24 05:40:59 UTC

2603:3023:31a:1000:3537:f794:9f30:6422

Login

2020-06-23 17:58:11 UTC

2603:3023:31a:1000:1d3d:d940:2522:8432

Login

2020-06-22 03:05:20 UTC

2607:fb90:836d:80fc:c5b1:5f3b:4152:5702

Login

2020-06-21 19:36:50 UTC

2603:3023:31a:1000:14c4:8f0:30ab:c8e8

Login

2020-06-21 17:31:12 UTC

2607:fb90:836d:80fc:c5b1:5f3b:4152:5702

Login

2020-06-21 17:23:39 UTC

2607:fb90:836d:80fc:c5b1:5f3b:4152:5702

Login

2020-06-20 18:05:51 UTC

2603:3023:31a:1000:e547:e860:b700:986e

Login

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007481.html

Activity Type

1/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 189 of 246

2020-06-20 17:58:00 UTC

2603:3023:31a:1000:e547:e860:b700:986e

Login

2020-06-20 17:24:44 UTC

2603:3023:31a:1000:e547:e860:b700:986e

Login

2020-06-19 17:23:46 UTC

2603:3023:31a:1000:d02b:102a:3c2c:f0b8

Login

2020-06-18 17:35:28 UTC

2607:fb90:b285:93e:4dd2:1556:7e5b:de92

Login

2020-06-16 18:11:36 UTC

2607:fb90:836f:5605:38f5:6967:9a0d:c1a

Login

2020-06-06 21:41:19 UTC

2603:3023:31a:1000:6082:8beb:31bc:3b28

Login

2020-05-27 09:09:17 UTC

2603:3023:31a:1000:ed70:5675:cc14:a9ac

Login

2020-05-27 08:17:29 UTC

2603:3023:31a:1000:7456:b65c:51d1:5dbd

Login

2020-05-27 07:52:54 UTC

2603:3023:31a:1000:7456:b65c:51d1:5dbd

Login

2020-05-26 06:21:27 UTC

2603:3023:31a:1000:b82b:f34a:f1d:aeb7

Login

2020-05-25 15:57:19 UTC

2603:3023:31a:1000:45de:c1df:beff:ea59

Login

2020-05-25 09:12:44 UTC

73.109.30.232

Login

2020-05-25 07:37:09 UTC

2603:3023:31a:1000:d9c5:4cbd:67fc:85fa

Login

2020-05-24 09:10:42 UTC

2603:3023:31a:1000:79c5:8756:ef96:dd54

Login

2020-05-24 08:17:47 UTC

2603:3023:31a:1000:79c5:8756:ef96:dd54

Login

2020-05-24 08:07:02 UTC

2603:3023:31a:1000:79c5:8756:ef96:dd54

Login

2020-05-23 18:53:44 UTC

2603:3023:31a:1000:44ca:d75d:976c:344b

Login

2020-05-23 09:11:30 UTC

2603:3023:31a:1000:71b3:692c:d0e8:c2bf

Login

2020-05-23 08:01:30 UTC

2603:3023:31a:1000:71b3:692c:d0e8:c2bf

Login

2020-05-23 07:53:39 UTC

2603:3023:31a:1000:71b3:692c:d0e8:c2bf

Login

2020-05-23 02:07:56 UTC

2607:fb90:8373:32f3:80ea:d6aa:f78:2782

Login

2020-05-22 07:54:22 UTC

2603:3023:31a:1000:2153:a36a:24de:20a

Login

2020-05-21 16:01:00 UTC

2603:3023:31a:1000:690c:ca6:856d:6e40

Login

2020-05-21 09:16:38 UTC

2603:3023:31a:1000:2057:2174:d1e5:5ef8

Login

2020-05-21 03:16:25 UTC

2603:3023:31a:1000:54aa:32bf:89c6:577b

Login

2020-05-21 03:16:25 UTC

2603:3023:31a:1000:54aa:32bf:89c6:577b

Login

2020-05-21 03:16:25 UTC

2603:3023:31a:1000:54aa:32bf:89c6:577b

Login

2020-05-20 16:03:08 UTC

2603:3023:31a:1000:e104:d34e:d83c:71ef

Login

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007481.html

2/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 190 of 246

2020-05-20 15:55:19 UTC

2607:fb90:8373:32f3:5c5f:8b1a:d269:8fbb

Login

2020-05-20 09:09:08 UTC

2603:3023:31a:1000:d53b:53b2:cd5c:4e4d

Login

2020-05-20 08:22:16 UTC

2603:3023:31a:1000:f457:bb0d:9ac0:14f3

Login

2020-05-20 08:05:16 UTC

2603:3023:31a:1000:f457:bb0d:9ac0:14f3

Login

2020-05-19 18:58:21 UTC

2603:3023:31a:1000:9922:2f41:8ce0:4e30

Login

2020-05-19 07:58:07 UTC

2603:3023:31a:1000:651e:b87:4c5c:d84b

Login

2020-05-19 07:52:46 UTC

2607:fb90:8373:32f3:5c5f:8b1a:d269:8fbb

Login

2020-05-18 09:13:25 UTC

2603:3023:31a:1000:b10b:772e:666d:f467

Login

2020-05-18 08:20:50 UTC

2603:3023:31a:1000:5132:3380:5b9:31ec

Login

2020-05-18 08:10:46 UTC

2603:3023:31a:1000:5132:3380:5b9:31ec

Login

2020-05-18 07:55:36 UTC

2603:3023:31a:1000:5132:3380:5b9:31ec

Login

2020-05-17 07:57:01 UTC

2603:3023:31a:1000:e10b:f7b7:e8ac:9e38

Login

2020-05-16 08:05:13 UTC

2603:3023:31a:1000:4da5:e036:47a:235d

Login

2020-05-12 08:20:13 UTC

2603:3023:31a:1000:a05e:6604:25f7:ea8f

Login

2020-05-11 08:50:22 UTC

2603:3023:31a:1000:757d:23ce:2155:3772

Login

2020-05-07 06:21:38 UTC

2603:3023:31a:1000:90c8:2b68:9e21:810d

Login

2020-05-07 03:07:25 UTC

2603:3023:31a:1000:90c8:2b68:9e21:810d

Login

2020-05-07 00:20:43 UTC

2603:3023:31a:1000:a9f1:5212:57c7:c6a6

Login

2020-05-06 23:49:04 UTC

2603:3023:31a:1000:a9f1:5212:57c7:c6a6

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2019-10-23 14:23:57 UTC

2603:3023:31a:1000:422:8419:b11b:8e4a

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2019-10-23 08:42:49 UTC

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2019-10-23 06:24:46 UTC

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2019-10-22 23:53:24 UTC

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2019-10-22 17:54:17 UTC

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2019-10-22 15:27:23 UTC

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2019-10-22 04:14:15 UTC

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2019-10-22 04:11:23 UTC

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2019-10-22 03:47:50 UTC

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2019-10-21 15:32:23 UTC

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2019-10-21 15:24:23 UTC

73.109.30.232

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2019-10-21 15:07:17 UTC

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2019-10-21 14:42:36 UTC

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2019-10-21 14:34:17 UTC

2603:3023:31a:1000:b830:9d7d:da12:b077

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16/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 204 of 246

2019-10-21 13:55:45 UTC

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2019-10-21 08:49:51 UTC

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2019-10-21 08:38:50 UTC

73.109.30.232

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2019-10-21 04:47:35 UTC

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2019-10-21 04:46:41 UTC

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2019-10-20 16:40:46 UTC

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2019-10-20 15:37:25 UTC

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2019-10-20 15:28:21 UTC

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2019-10-20 15:23:00 UTC

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2019-10-20 15:20:04 UTC

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2019-10-20 14:55:14 UTC

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2019-10-20 14:43:36 UTC

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2019-10-20 14:29:54 UTC

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2019-10-20 14:06:28 UTC

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2019-10-20 13:55:15 UTC

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2019-10-20 08:41:26 UTC

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2019-10-19 23:58:20 UTC

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2019-10-19 19:55:51 UTC

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2019-10-19 16:49:03 UTC

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2019-10-19 15:49:31 UTC

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2019-10-19 04:26:51 UTC

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2019-10-19 04:09:19 UTC

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2019-10-18 15:32:24 UTC

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2019-10-18 08:49:22 UTC

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2019-10-18 08:41:45 UTC

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2019-10-18 04:21:07 UTC

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17/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 205 of 246

2019-10-17 15:31:13 UTC

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2019-10-17 14:35:29 UTC

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2019-10-17 05:39:14 UTC

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2019-10-17 04:22:13 UTC

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2019-10-17 04:12:03 UTC

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2019-10-17 00:11:22 UTC

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2019-10-16 15:31:44 UTC

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2019-10-16 15:17:53 UTC

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2019-10-16 14:06:17 UTC

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2019-10-16 08:44:09 UTC

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2019-10-16 06:35:35 UTC

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2019-10-16 05:52:30 UTC

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2019-10-16 05:37:39 UTC

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2019-10-15 20:29:10 UTC

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2019-10-15 15:37:27 UTC

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2019-10-15 15:36:43 UTC

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2019-10-15 15:28:42 UTC

73.109.30.232

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2019-10-15 15:25:29 UTC

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2019-10-15 15:16:35 UTC

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2019-10-15 14:42:37 UTC

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2019-10-15 14:25:12 UTC

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2019-10-15 13:56:35 UTC

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18/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 206 of 246

2019-10-15 08:46:02 UTC

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2019-10-15 06:23:37 UTC

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2019-10-15 05:48:38 UTC

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2019-10-15 04:15:32 UTC

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2019-10-14 15:36:04 UTC

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2019-10-14 15:28:18 UTC

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2019-10-14 15:26:18 UTC

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2019-10-14 14:53:38 UTC

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2019-10-14 14:43:27 UTC

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2019-10-14 08:44:42 UTC

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2019-10-14 04:15:34 UTC

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2019-10-13 17:56:06 UTC

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2019-10-13 15:46:32 UTC

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2019-10-13 15:12:46 UTC

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2019-10-13 14:24:53 UTC

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2019-10-13 13:54:42 UTC

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2019-10-13 08:44:57 UTC

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2019-10-13 06:29:42 UTC

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2019-10-13 05:49:37 UTC

2603:3023:31a:1000:fc9b:60f5:202f:7134

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19/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 207 of 246

2019-10-13 04:27:16 UTC

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2019-10-13 02:36:50 UTC

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2019-10-12 08:55:19 UTC

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2019-10-12 06:33:26 UTC

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2019-10-12 05:37:22 UTC

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2019-10-11 18:02:43 UTC

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2019-10-11 15:14:26 UTC

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2019-10-11 14:45:15 UTC

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2019-10-11 14:24:42 UTC

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2019-10-11 13:55:16 UTC

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2019-10-11 05:51:16 UTC

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2019-10-11 05:41:41 UTC

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2019-10-10 21:24:10 UTC

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2019-10-10 18:49:33 UTC

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2019-10-10 17:55:40 UTC

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2019-10-10 06:31:10 UTC

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2019-10-09 20:01:16 UTC

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2019-10-09 05:45:49 UTC

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2019-10-08 21:04:46 UTC

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2019-10-08 20:57:02 UTC

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2019-10-08 17:10:57 UTC

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2019-10-08 14:40:47 UTC

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2019-10-08 14:01:46 UTC

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file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007481.html

20/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 208 of 246

2019-10-07 17:56:20 UTC

2603:3023:31a:1000:f92f:596e:800b:d38f

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2019-10-07 17:14:06 UTC

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2019-10-07 05:37:40 UTC

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2019-10-05 17:55:28 UTC

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2019-10-05 05:51:23 UTC

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2019-10-04 18:13:07 UTC

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2019-10-03 20:27:34 UTC

2607:fb90:b2d5:c0d2:84d3:6080:b53:63a

Login

############## * Google Confidential and Proprietary * ###############

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007481.html

21/21


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page
209v.
of 246
U.S.
Shibley

############## * Google Confidential and Proprietary * ###############

GOOGLE SUBSCRIBER INFORMATION

CR20-174 JCC
Government Exhibit No. 64
Admitted ________________

Google Account ID: 906934089071
Name: Eric Shibley
e-Mail: shibley98126@gmail.com
Alternate e-Mails:
Created on: 2020-04-29 09:05:29 UTC
Terms of Service IP: 2603:3023:31a:1000:dc23:2b00:9787:1ad1
Services: Gmail, Web & App Activity, Location History, Google Hangouts, YouTube
Deletion Date:
Deletion IP:
Last Logins: 2020-06-24 05:42:37 UTC, 2020-06-21 17:39:13 UTC, 2020-05-07 06:22:04 UTC
ACCOUNT RECOVERY
Recovery e-Mail: shibleenyc@yahoo.com
Recovery SMS: +12067717868 [US]
PHONE NUMBERS
Signin Phone Numbers: +12067717868 [US]
2-Step Verification Phone Numbers:

IP ACTIVITY
Timestamp

IP Address

2020-06-24 05:42:37 UTC

2603:3023:31a:1000:3537:f794:9f30:6422

Login

2020-06-21 17:40:35 UTC

2603:3023:31a:1000:8971:9250:b8d4:fd77

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2020-06-21 17:39:13 UTC

2603:3023:31a:1000:8971:9250:b8d4:fd77

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2020-05-07 06:22:04 UTC

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2020-05-06 00:06:23 UTC

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2020-05-01 19:50:29 UTC

2607:fb90:f36:d0c0:3466:8b84:f35c:dadc

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2020-05-01 04:59:34 UTC

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2020-04-29 13:07:17 UTC

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2020-04-29 09:05:30 UTC

2603:3023:31a:1000:dc23:2b00:9787:1ad1

Login

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007485.html

Activity Type

1/2


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 210 of 246
############## * Google Confidential and Proprietary * ###############

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007485.html

2/2


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page
211v.
of 246
U.S.
Shibley

############## * Google Confidential and Proprietary * ###############

GOOGLE SUBSCRIBER INFORMATION

CR20-174 JCC
Government Exhibit No. 65
Admitted ________________

Google Account ID: 509989950613
Name: Eric Shibley
e-Mail: shibley98271@gmail.com
Alternate e-Mails:
Created on: 2013-09-21 01:02:10 UTC
Terms of Service IP: 50.125.93.49
Services: Web & App Activity, Gmail, Google Photos, Google Hangouts, Android, Google Calendar, YouTube,
Google Play, Location History, Google Chrome Sync, Google Cloud Print, Google My Maps
Deletion Date:
Deletion IP:
Last Logins: 2020-06-24 05:43:19 UTC, 2020-06-21 17:39:37 UTC, 2020-05-19 18:58:07 UTC
ACCOUNT RECOVERY
Recovery e-Mail: shibleenyc@yahoo.com
Recovery SMS: +13609901538 [US]
PHONE NUMBERS
Signin Phone Numbers:
2-Step Verification Phone Numbers:

IP ACTIVITY
Timestamp

IP Address

2020-06-24 05:43:19 UTC

2603:3023:31a:1000:3537:f794:9f30:6422

Login

2020-06-21 17:39:38 UTC

2603:3023:31a:1000:8971:9250:b8d4:fd77

Login

2020-05-19 18:59:21 UTC

2603:3023:31a:1000:9922:2f41:8ce0:4e30

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2020-05-19 18:58:07 UTC

2603:3023:31a:1000:9922:2f41:8ce0:4e30

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2020-05-08 11:45:52 UTC

2603:3023:31a:1000:6ded:60e1:f092:cfe2

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2020-05-06 22:32:52 UTC

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2020-05-06 22:29:25 UTC

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2020-05-06 21:54:57 UTC

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Login

2020-04-30 05:33:30 UTC

2603:3023:31a:1000:dc23:2b00:9787:1ad1

Login

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007487.html

Activity Type

1/2


9/16/2021

Google Account
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 212 of 246

2020-04-29 04:28:34 UTC

2603:3023:31a:1000:4497:9eec:8969:ac6b

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2020-04-27 18:04:04 UTC

2603:3023:31a:1000:ddb1:34c7:be3b:9072

Login

2020-04-24 02:21:39 UTC

2603:3023:31a:1000:e126:ebcb:133f:4864

Login

############## * Google Confidential and Proprietary * ###############

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000007487.html

2/2


9/16/2021

DOJ-02-0000009798.html
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 213 of 246

Oath:Subscriber Details

This information is provided for intended and authorized use only. Any use of this data for unauthorized purposes is strictly prohibited.

Request Information
Target shibleenyc
Brand Yahoo
User Information

Attribute

Value

Login ID(s)
GUID
Mail Name
Account Status
Registration IP Address
Account Created (reg)
Full Name
Address1
Address2
City
State, territory, or
province
Country
Zip/Postal Code
Time Zone
Alternate Email
Address(es)
Phones

shibleenyc
NCM6XMSUH45ZEGDF2CVH2RJGSA
shibleenyc@yahoo.com
active
172.139.142.202
Sunday, January 8, 2006 04:50:53 UTC
Eric Shibley

Sammamish
WA
US
ET
shibleymedical@outlook.com Verified
+12067717868 Verified

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 66
Admitted ________________

file:///S:/Shibley/12 - Trial Prep/Binders/Exhibit List (9.15.21)/Working/DOJ-02-0000009798.html

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DOJ-02-0000009797.html
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 214 of 246

Oath:Login Activity Summary

This information is provided for intended and authorized use only. Any use of this data for unauthorized purposes is strictly prohibited.

Request Information

Target
Start Date
End Date
Time Zone
Count

shibleenyc
2019-06-24 00:00:00
2020-06-24 23:59:59
(UTC) Coordinated Universal Time
118

Login Activity

#

User ID

IP

Port

TimeStamp

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2603:3023:31a:1000:ad2b:1626:d2df:23b9
35.224.253.135
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2603:3023:31a:1000:14c4:8f0:30ab:c8e8
2607:fb90:b2a0:c65e:151:5621:d8d6:b4a2
2607:fb90:b2a0:c65e:151:5621:d8d6:b4a2
2607:fb90:b2a0:c65e:151:5621:d8d6:b4a2
2603:3023:31a:1000:546f:1e5e:be6e:c796
2603:3023:31a:1000:4494:cef4:8a95:fce8
2603:3023:31a:1000:450d:8931:849:8592
2603:3023:31a:1000:f8de:1b71:b927:b446
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2603:3023:31a:1000:6082:8beb:31bc:3b28
2603:3023:31a:1000:94f1:5f02:1580:47c2
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2603:3023:31a:1000:d1a4:50dd:86bd:f2de
2603:3023:31a:1000:d4ef:b9d7:e02f:c833
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2603:3023:31a:1000:4cc:24aa:8224:ca82
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2603:3023:31a:1000:c9d5:5054:bcb9:5cf0
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2603:3023:31a:1000:b10b:772e:666d:f467
2603:3023:31a:1000:e10b:f7b7:e8ac:9e38
2603:3023:31a:1000:d566:312e:814c:d877
2607:fb90:b247:da04:10b8:c20a:6a0e:f9ca
2603:3023:31a:1000:290a:883c:3a84:ce03
2603:3023:31a:1000:290a:883c:3a84:ce03
2603:3023:31a:1000:f03a:8a62:cb91:9a01
2603:3023:31a:1000:757d:23ce:2155:3772
2603:3023:31a:1000:20de:3734:25b9:d9c3
2603:3023:31a:1000:492d:2956:6042:a6e6
2603:3023:31a:1000:dc23:2b00:9787:1ad1
2603:3023:31a:1000:28e0:b12e:2ff4:66db
2603:3023:31a:1000:6179:5058:ac86:c56f
2603:3023:31a:1000:9d8d:4510:2554:b5d8
2603:3023:31a:1000:c4d6:36a6:8729:6dcc
2603:3023:31a:1000:f48a:3625:461b:f0a3
2603:3023:31a:1000:31e7:eeb9:115:960c
2603:3023:31a:1000:2118:cb69:f2a9:d0f0
2603:3023:31a:1000:299b:2f23:75a7:56aa
2603:3023:31a:1000:3d7b:7ec8:1d7f:1452
2603:3023:31a:1000:449c:e83f:b399:5692
2603:3023:31a:1000:e071:144d:95dc:3f56
2603:3023:31a:1000:8015:3b7e:631b:fc48
2603:3023:31a:1000:a920:7d2:dbec:94cf
2603:3023:31a:1000:8dbf:2007:d165:d0a8

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June 24 2020 08:07:45
June 24 2020 05:44:47
June 24 2020 05:44:46
June 24 2020 03:19:20
June 22 2020 19:50:50
June 22 2020 02:38:03
June 21 2020 20:49:32
June 21 2020 19:39:32
June 21 2020 18:24:29
June 21 2020 17:27:42
June 21 2020 17:27:41
June 21 2020 17:27:18
June 21 2020 17:27:17
June 20 2020 01:50:30
June 19 2020 21:49:32
June 19 2020 20:42:38
June 19 2020 20:42:37
June 18 2020 01:31:26
June 09 2020 22:03:53
June 08 2020 21:42:42
June 08 2020 21:41:29
June 08 2020 21:41:15
June 06 2020 21:07:20
June 05 2020 03:58:43
June 04 2020 16:29:44
June 02 2020 19:58:28
June 02 2020 17:16:08
June 02 2020 17:16:07
June 01 2020 19:14:54
June 01 2020 15:33:12
May 28 2020 23:21:06
May 18 2020 19:40:04
May 18 2020 19:14:27
May 18 2020 19:14:26
May 18 2020 12:06:03
May 17 2020 14:28:12
May 16 2020 15:31:44
May 14 2020 22:17:02
May 14 2020 07:56:53
May 14 2020 07:56:51
May 12 2020 21:45:12
May 11 2020 10:22:05
May 06 2020 22:28:19
May 06 2020 00:51:44
April 30 2020 06:46:36
April 24 2020 20:25:19
April 17 2020 12:23:49
April 08 2020 23:17:31
March 31 2020 03:30:22
March 23 2020 19:56:23
March 19 2020 18:25:59
March 17 2020 07:53:22
March 09 2020 19:49:13
March 09 2020 01:55:47
March 08 2020 21:44:31
March 04 2020 07:13:52
March 03 2020 06:48:28
February 20 2020 18:29:46
February 18 2020 06:45:50

file://crm-shares/FRA/Shibley/06 - Outgoing Productions/PROD 002/U.S. vs. Eric Shibley - Production 2 11.02.20/Documents/Yahoo (Oath)/A/B/DOJ-0…

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DOJ-02-0000009797.html
Case 2:20-cr-00174-JCC Document 137-8
Filed 11/26/21 Page 215 of 246
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2603:3023:31a:1000:601f:272:1c0:56fb

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February 06 2020 18:28:33
February 06 2020 03:18:43
January 23 2020 03:06:31
January 22 2020 19:01:40
January 22 2020 19:01:17
January 14 2020 19:31:37
January 09 2020 02:44:45
December 30 2019 18:56:15
December 26 2019 02:35:58
December 17 2019 00:05:52
December 12 2019 02:32:04
December 03 2019 19:49:25
November 28 2019 02:29:02
November 19 2019 18:36:11
November 14 2019 02:19:50
November 11 2019 22:55:12
November 04 2019 17:43:45
October 31 2019 00:42:24
October 30 2019 17:38:43
October 23 2019 16:34:11
October 16 2019 23:10:21
October 15 2019 21:12:36
October 09 2019 23:52:22
October 02 2019 22:41:58
October 02 2019 19:38:39
September 25 2019 15:47:51
September 18 2019 22:28:20
September 16 2019 17:50:16
September 04 2019 22:21:02
September 04 2019 19:52:00
September 02 2019 02:09:13
August 31 2019 19:45:25
August 30 2019 23:07:33
August 30 2019 02:59:56
August 29 2019 23:08:38
August 29 2019 16:16:26
August 28 2019 23:51:16
August 28 2019 18:03:49
August 28 2019 02:40:20
August 27 2019 17:45:29
August 26 2019 23:13:31
August 24 2019 16:15:51
August 21 2019 22:15:11
August 17 2019 01:07:42
August 16 2019 02:01:35
August 08 2019 22:34:51
August 07 2019 21:47:58
August 06 2019 02:15:04
August 03 2019 20:26:38
July 31 2019 06:38:59
July 25 2019 21:27:19
July 24 2019 21:29:50
July 24 2019 00:35:24
July 11 2019 19:56:52
July 11 2019 06:21:20
July 10 2019 21:23:29
June 27 2019 15:28:51
June 27 2019 05:18:24
June 25 2019 06:10:05

file://crm-shares/FRA/Shibley/06 - Outgoing Productions/PROD 002/U.S. vs. Eric Shibley - Production 2 11.02.20/Documents/Yahoo (Oath)/A/B/DOJ-0…

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 216 of 246

Oath:Login Activity Summary
This information is provided for intended and authorized use only. Any use of this data for unauthorized purposes is strictly prohibited.

Request Information

Target
Start Date
End Date
Time Zone
Count

shibleenyc
2019-06-24 00:00:00
2020-06-24 23:59:59
(UTC) Coordinated Universal Time
118

Login Activity

#

User ID

IP

Port

TimeStamp

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2603:3023:31a:1000:ad2b:1626:d2df:23b9
35.224.253.135
2603:3023:31a:1000:3537:f794:9f30:6422
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2603:3023:31a:1000:8881:3ac2:4d32:aae3
2603:3023:31a:1000:8881:3ac2:4d32:aae3
2603:3023:31a:1000:8881:3ac2:4d32:aae3
2603:3023:31a:1000:b10b:772e:666d:f467
2603:3023:31a:1000:e10b:f7b7:e8ac:9e38
2603:3023:31a:1000:d566:312e:814c:d877
2607:fb90:b247:da04:10b8:c20a:6a0e:f9ca
2603:3023:31a:1000:290a:883c:3a84:ce03
2603:3023:31a:1000:290a:883c:3a84:ce03
2603:3023:31a:1000:f03a:8a62:cb91:9a01
2603:3023:31a:1000:757d:23ce:2155:3772
2603:3023:31a:1000:20de:3734:25b9:d9c3
2603:3023:31a:1000:492d:2956:6042:a6e6
2603:3023:31a:1000:dc23:2b00:9787:1ad1
2603:3023:31a:1000:28e0:b12e:2ff4:66db
2603:3023:31a:1000:6179:5058:ac86:c56f
2603:3023:31a:1000:9d8d:4510:2554:b5d8
2603:3023:31a:1000:c4d6:36a6:8729:6dcc
2603:3023:31a:1000:f48a:3625:461b:f0a3
2603:3023:31a:1000:31e7:eeb9:115:960c
2603:3023:31a:1000:2118:cb69:f2a9:d0f0
2603:3023:31a:1000:299b:2f23:75a7:56aa
2603:3023:31a:1000:3d7b:7ec8:1d7f:1452
2603:3023:31a:1000:449c:e83f:b399:5692
2603:3023:31a:1000:e071:144d:95dc:3f56
2603:3023:31a:1000:8015:3b7e:631b:fc48
2603:3023:31a:1000:a920:7d2:dbec:94cf
2603:3023:31a:1000:8dbf:2007:d165:d0a8
2603:3023:31a:1000:444f:71da:9edb:5587

54549
59012
50909
63178
60438
54207
53169
49635
50015
60324
60321
60245
60243
55779
59786
59204
59202
57809
60221
63599
55282
55277
50361
57139
65361
64937
60482
60480
55135
49654
57493
55612
54866
54862
54857
56546
57623
55439
51450
51446
51834
64679
61820
62957
49934
57283
49931
59159
54316
64590
55255
64352
50045
49809
65193
63453
62381
63993
54038
58850

June 24 2020 08:07:45
June 24 2020 05:44:47
June 24 2020 05:44:46
June 24 2020 03:19:20
June 22 2020 19:50:50
June 22 2020 02:38:03
June 21 2020 20:49:32
June 21 2020 19:39:32
June 21 2020 18:24:29
June 21 2020 17:27:42
June 21 2020 17:27:41
June 21 2020 17:27:18
June 21 2020 17:27:17
June 20 2020 01:50:30
June 19 2020 21:49:32
June 19 2020 20:42:38
June 19 2020 20:42:37
June 18 2020 01:31:26
June 09 2020 22:03:53
June 08 2020 21:42:42
June 08 2020 21:41:29
June 08 2020 21:41:15
June 06 2020 21:07:20
June 05 2020 03:58:43
June 04 2020 16:29:44
June 02 2020 19:58:28
June 02 2020 17:16:08
June 02 2020 17:16:07
June 01 2020 19:14:54
June 01 2020 15:33:12
May 28 2020 23:21:06
May 18 2020 19:40:04
May 18 2020 19:14:27
May 18 2020 19:14:26
May 18 2020 12:06:03
May 17 2020 14:28:12
May 16 2020 15:31:44
May 14 2020 22:17:02
May 14 2020 07:56:53
May 14 2020 07:56:51
May 12 2020 21:45:12
May 11 2020 10:22:05
May 06 2020 22:28:19
May 06 2020 00:51:44
April 30 2020 06:46:36
April 24 2020 20:25:19
April 17 2020 12:23:49
April 08 2020 23:17:31
March 31 2020 03:30:22
March 23 2020 19:56:23
March 19 2020 18:25:59
March 17 2020 07:53:22
March 09 2020 19:49:13
March 09 2020 01:55:47
March 08 2020 21:44:31
March 04 2020 07:13:52
March 03 2020 06:48:28
February 20 2020 18:29:46
February 18 2020 06:45:50
February 06 2020 18:28:33

file:///S:/Shibley/12%20-%20Trial%20Prep/Exhibits/~FINALS/Unredacted/Working/DOJ... 11/1/2021


Page 2 of 2
Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 217 of 246
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shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc
shibleenyc

2603:3023:31a:1000:c11b:5c63:1a8b:58a
2603:3023:31a:1000:65c6:d45f:f881:3558
2603:3023:31a:1000:65c6:d45f:f881:3558
2603:3023:31a:1000:65c6:d45f:f881:3558
2603:3023:31a:1000:ad04:11a0:a20c:d967
2603:3023:31a:1000:348c:f140:bd66:f0ef
2603:3023:31a:1000:f17c:9776:df30:1df
2603:3023:31a:1000:dc7b:3d16:4b16:cce7
2603:3023:31a:1000:fc8b:8c5a:d252:1f04
2603:3023:31a:1000:1c86:e568:3640:bd3f
2603:3023:31a:1000:6116:c93:35a8:ee6e
2603:3023:31a:1000:c41f:1924:4ead:725a
2603:3023:31a:1000:b189:e83e:ab8d:ad1a
2603:3023:31a:1000:4d65:500a:60b9:e354
2603:3023:31a:1000:4dd1:4792:974b:b2db
2603:3023:31a:1000:fde1:7536:8451:58e4
2603:3023:31a:1000:210a:615d:9da1:8c74
2603:3023:31a:1000:210a:615d:9da1:8c74
2603:3023:31a:1000:d04c:2a33:4964:a6a8
2603:3023:31a:1000:49f2:ea3c:1e4:1583
2603:3023:31a:1000:158e:e4de:6f19:e584
2603:3023:31a:1000:c59:e553:a752:640a
2603:3023:31a:1000:4cd9:a6f9:8ad2:612e
2603:3023:31a:1000:4cd9:a6f9:8ad2:612e
2603:3023:31a:1000:99b8:a0e6:7e29:147d
2603:3023:31a:1000:45ff:a81e:2782:d668
2603:3023:31a:1000:c932:616c:ae70:705a
2603:3023:31a:1000:c0f7:39c7:cc50:f718
2607:fb90:b2a9:7b67:49e9:f2d9:a186:2498
2607:fb90:b286:595a:c0cf:f3:6045:cdb9
2603:3023:31a:1000:2dba:7376:c739:d56a
2603:3023:31a:1000:89c5:ff3b:88b9:d3c6
2607:fb90:b286:595a:d879:9513:4aab:5786
2607:fb90:b286:595a:d879:9513:4aab:5786
2603:3023:31a:1000:a170:7c07:2275:9609
2603:3023:31a:1000:c8ad:5bbb:8cbc:5dce
2607:fb90:b286:595a:587e:4cef:cf6a:dd99
2603:3023:31a:1000:bcd1:d547:3f06:f9de
2607:fb90:b286:595a:587e:4cef:cf6a:dd99
2607:fb90:b243:89b0:2d72:ca9:4cfd:45e5
2603:3023:31a:1000:21bd:a52c:bb8d:dbd3
2603:3023:31a:1000:d12d:aced:5566:1174
2603:3023:31a:1000:2497:75d4:948e:ad2e
2607:fb90:b2ea:5632:30bd:4cfc:8f12:c36f
2607:fb90:b2d4:1e2a:89a5:4593:e4f2:e79c
2603:3023:31a:1000:c6b:2830:815c:3e85
2603:3023:31a:1000:8109:affc:3b6b:d397
2603:3023:31a:1000:80f3:918e:3f5f:c1eb
2603:3023:31a:1000:2cf2:f2ec:7652:6127
2603:3023:31a:1000:568:2e1d:7ad0:3dac
2603:3023:31a:1000:b9fa:da1:fdcb:8da2
2603:3023:31a:1000:1075:826f:7e10:3f8c
2607:fb90:b2d0:10b7:b5:51c3:106d:b513
2603:3023:31a:1000:95ea:23d1:6ccc:ce0a
2603:3023:31a:1000:95ea:23d1:6ccc:ce0a
2603:3023:31a:1000:1864:4bce:4738:599e
2603:3023:31a:1000:c0db:cc41:7074:f3b3
2603:3023:31a:1000:601f:272:1c0:56fb

56880
57817
54972
54902
53072
62347
62942
62672
59810
56767
55309
52868
54306
55439
64780
61374
49905
64996
61731
60886
58201
58856
51066
49567
49552
52244
61208
55999
53339
61645
64609
50322
55640
53540
62230
57310
51515
58292
63039
56957
65417
58361
53287
49663
54371
56555
50527
55304
58813
58120
51540
63587
50652
56182
53814
53630
54779
51046

February 06 2020 03:18:43
January 23 2020 03:06:31
January 22 2020 19:01:40
January 22 2020 19:01:17
January 14 2020 19:31:37
January 09 2020 02:44:45
December 30 2019 18:56:15
December 26 2019 02:35:58
December 17 2019 00:05:52
December 12 2019 02:32:04
December 03 2019 19:49:25
November 28 2019 02:29:02
November 19 2019 18:36:11
November 14 2019 02:19:50
November 11 2019 22:55:12
November 04 2019 17:43:45
October 31 2019 00:42:24
October 30 2019 17:38:43
October 23 2019 16:34:11
October 16 2019 23:10:21
October 15 2019 21:12:36
October 09 2019 23:52:22
October 02 2019 22:41:58
October 02 2019 19:38:39
September 25 2019 15:47:51
September 18 2019 22:28:20
September 16 2019 17:50:16
September 04 2019 22:21:02
September 04 2019 19:52:00
September 02 2019 02:09:13
August 31 2019 19:45:25
August 30 2019 23:07:33
August 30 2019 02:59:56
August 29 2019 23:08:38
August 29 2019 16:16:26
August 28 2019 23:51:16
August 28 2019 18:03:49
August 28 2019 02:40:20
August 27 2019 17:45:29
August 26 2019 23:13:31
August 24 2019 16:15:51
August 21 2019 22:15:11
August 17 2019 01:07:42
August 16 2019 02:01:35
August 08 2019 22:34:51
August 07 2019 21:47:58
August 06 2019 02:15:04
August 03 2019 20:26:38
July 31 2019 06:38:59
July 25 2019 21:27:19
July 24 2019 21:29:50
July 24 2019 00:35:24
July 11 2019 19:56:52
July 11 2019 06:21:20
July 10 2019 21:23:29
June 27 2019 15:28:51
June 27 2019 05:18:24
June 25 2019 06:10:05

file:///S:/Shibley/12%20-%20Trial%20Prep/Exhibits/~FINALS/Unredacted/Working/DOJ... 11/1/2021


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 218 of 246

Microsoft Account Records
Please note that the customer provides subscriber information to Microsoft, and Microsoft cannot guarantee its validity.

Query for: shibleymedical@outlook.com
Date Range: 1/1/1990 12:00:00 AM to 6/24/2020 11:59:59 PM
Postal
Region / State Code

Record Type (Registration)

Signin Name

First Name

Last Name

Registration Profil

shibleymedical@outlook.com

Shibley

Medical

Record Type (IP Connection History)

Last Modified Date and Time

Action

IP Address

Washington
Service
Utilized

IP Connection History/Services Utilize
IP Connection History/Services Utilize
IP Connection History/Services Utilize
IP Connection History/Services Utilize

6/24/2020 5:47:23 AM
6/21/2020 7:04:35 PM
6/19/2020 5:25:50 AM
6/12/2020 8:03:35 PM

Login Success
Login Success
Login Success
Login Success

73.109.30.232
73.109.30.232
73.109.30.232
73.109.30.232

Mail
Mail
Mail
Mail

98126

Country
United States

Time Zone Creation Date and Time
10/20/2015 5:05:19 PM

Alternate Alias
Email
Name(s)

PUID
00037FFED936A4BC

ersjr2010

All times are captured in UTC (GMT), and the time‐stamps come from the MSA servers and not the user's compu

Report Created: 7/9/2020 7:36:16 PM

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 67
Admitted ________________


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 219 of 246

Commerce Payment Instrument Records
Query For: shibleymedical@outlook.com
Query Type: AccountName
Profiles

First Name
Shibley
Shibley

Last Name
Medical
Medical

Microsoft Account
shibleymedical@outlook.com
shibleymedical@outlook.com

Telephone

Id

Billing Email
shibleymedical@outlook.com
shibleymedical@outlook.com

Addresses

Address
4700 36th Ave SW , Seattle, wa, US 98126

98a175ba-787c-530b-89e6-f383a6ed25ef

Billable Accounts

Billable Account Id
CVdsUwAAAAAAAAAA
Payment Instruments

Type
Token
visa
visa
visa

Number
4101
3287
7872

Report Created: 7/9/2020 12:39:33 PM (-07:00)

Expiration Date

Payment Id
2019-3
2021-12
2022-1

CVdsUwAAAAACAACA
CVdsUwAAAAADAACA
CVdsUwAAAAABAACA

Type
consumer
Classic

Id
e09c9eef-d0be-5e2f-ad31-50f77cf62fab
CVdsUwAAAAABAACg


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 220 of 246

Information Provided To:
Agency:
Requestor:
Agent Address:
Billing City, State, Zip:
Provided On:

Attorney/Other
ALEXANDRA FLORES
FRAUD SECTION
WASHINGTON, DC 20530‐0000
August 19, 2020

Request Submission Response

This is in response to the Subpoena, No Reference, dated June 23, 2020, which was served upon T‐Mobile US, Inc. You have requested
Information for the subscriber associated with MSISDN: 2067717868.
Subscriber Details:

Subscriber Name
Subscriber Address
Subscriber Status
Subscriber Name Effective Date

ES 1 LLC
4700 36TH AVE SW, SEATTLE, WA 98126 USA
Active
05/21/2016

Brand
Activation Date
Termination Date
Account Name
Account No
Account Effective Date
Account Expiration Date

TMUS
05/21/2016

IMSI
MSISDN Expiration Date
MSISDN Disconnect Reason
MSISDN No
MSISDN Status
MSISDN Market
MSISDN Name
SIM
IMEI
Begin Service Date

310260569899056

Bill Name
Bill Birth Date
Bill SSN
Bill Cycle
Bill Address
Company Name
Rate Plan
Rate Plan Desc
Contact 1
Contact 2
Coupon
Last Refilled

ES 1 LLC
1978
5264
1
4700 36TH AVE SW, SEATTLE, WA 98126 USA
ES 1 LLC
ZMAGENTA2
Magenta Business (2 line)
6155547156
6155546485

Ported Carrier

Regular

Account Details:

ES 1 LLC
445526858
05/21/2016

Device Details:

2067717868
Active
SEW
ES 1 LLC
8901260562798990565
0
05/21/2016

Billing Details:

Ported Details:

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 68
Admitted ________________


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 221 of 246

tf,

COMCAST

Legal Response Center
1800 Bishops Gate Boulevard
Mount Laurel, NJ 08054
866-947-8572 Tel
866-947-5587 Fax

CONFIDENTIAL
June 23, 2020

Alexandra Flores
U.S. Department of Justice
1400 New York Avenue Northwest
Washington, District of Columbia (DC) 20530
RE:
Subpoena
Comcast File #: LCR509586
Dear Alexandra Flores:
The Subpoena received on 06-23-2020 with respect to the above referenced matter has been
forwarded to the Legal Response Center for a reply. The Subpoena requests Comcast to produce certain
subscriber records pertaining to the following telephone number: (206) 938-4291 from 1-1-2020 to the
date of the Subpoena, 6-23-2020 at 00:00:00.
Please be advised that the Subpoena does not authorize Comcast to search, preserve or provide
electronically stored content. In order for Comcast to search for or preserve these records, please submit a
Search Warrant or a Preservation Request. Please note that some electronically stored content may have a
short retention period lithe process of obtaining a Search Warrant in your jurisdiction is lengthy, we
suggest that you submit a Preservation Request immediately.
Based on the information provided pursuant to the Subpoena, the subscriber information obtained
has been provided below:
Target Phone No:
Subscriber Name:
Service Address:
Billing Address:
Type of Service:
Start of Service:
Associated Nos:
Call Detail Records:
Text Messages:

(206) 938-4291
SHIBLEY MEDICAL
4700 36TH AVE SW
SEATTLE, WA 981262716
4700 36TH AVE SW
SEA FILE, WA 981262716
Comcast Digital Voice
Unknown
206-938-4483 (Comcast Provided)
See attached
None Found

If you have any questions regarding this matter, please feel free to call 866-947-8572.

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 69
Admitted ________________

Very Truly Yours,
Comcast Legal Response Center

DOJ-01-0000000404


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 222 of 246
A
1 LINCS Ticket ID
2 Telephone Number
3 Call Type
4 Start Date
5 End Date
6
7 Call Date
2163 06-10-2020

B
LCR509586
2069384291
Terminating
01-01-2020 00:00:00
06-23-2020 00:00:00
Connect Time
11:20:16

C

From Number
5096990885

D

To Number
2069384291

E

Billable Time
00:01:09


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 223 of 246

Filed
Secretary of State
State of Washington
Date Filed: 01/02/2020
Effective Date: 01/02/2020
UBI #: 604 564 475

SAS

Office of the Secretary of State
Corporations & Charities Division

CERTIFICATE OF FORMATION
UBI NUMBER
UBI Number:
604 564 475

BUSINESS NAME
Business Name
DITURI CONSTRUCTION LLC

REGISTERED AGENT
Registered Agent Name

Mailing
Address

Street Address

LEGALINC CORPORATE SERVICES 1001 4TH AVE STE 3200, SEATTLE, WA, 98154-1003,
UNITED STATES
INC.

REGISTERED AGENT CONSENT
Customer provided Registered Agent consent? - Yes

DURATION
Duration:
PERPETUAL

EFFECTIVE DATE
Effective Date:
01/02/2020

OTHER PROVISIONS
Other Provisions:

PRINCIPAL OFFICE
Phone:
888-462-3453
This document is a public record. For more information visit www.sos.wa.gov/corps

U.S. v. Shibley
CR20-174 JCC
Government Exhibit No. 70
Admitted ________________

Work Order #: 2019122700635079 - 1
Received Date: 12/27/2019
Amount Received: $200.00

DOJ-01-0000005641


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 224 of 246

Email:
EFILE1234@INCFILE.COM
Street Address:
10244 32ND AVE SW, SEATTLE, WA, 98146-1233, UNITED STATES
Mailing Address:
10244 32ND AVE SW, SEATTLE, WA, 98146-1233, UNITED STATES

EXECUTOR
Title

Executor
Type

EXECUTOR ENTITY

Entity Name

First
Name

Last
Name

Address

17350 STATE HIGHWAY 249, STE 220,
INCFILE.COM LOVETTE DOBSON HOUSTON, TX, 77064-1132, UNITED STATES

RETURN ADDRESS FOR THIS FILING
Attention:
LOVETTE DOBSON
Email:
EFILE1234@INCFILE.0 OM
Address:
17350 STATE HIGHWAY 249 STE 220, HOUSTON, TX, 77064-1132, UNITED STATES

UPLOAD ADDITIONAL DOCUMENTS
Name

Document Type

No Value Found.

UPLOADED DOCUMENTS
Document Type

Source

Created By

Created Date

No Value Found.

EMAIL OPT-IN
11 I hereby opt into receiving all notifications from the Secretary of State for this entity via email only. I acknowledge that I will no
longer receive paper notifications.

AUTHORIZED PERSON - STAFF CONSOLE
Ke Document is signed.
Person Type:
ENTITY
First Name:
LOVETTE
Last Name:
DOBSON
Entity Name:
INCFILE.COM
Title:
This document is a public record. For more information visit www.sos.wa.gov/corps

Work Order #: 2019122700635079 - 1
Received Date: 12/27/2019
Amount Received: $200.00

DOJ-01-0000005643


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 225 of 246

ORGANIZER

This document is a public record. For more information visit www.sos.wa.gov/corps

Work Order #: 2019122700635079 - 1
•
Received Date: 12/27/2019
Amount Received: $200.00

DOJ-01-0000005645


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 226 of 246

Filed
Secretary of State
State of Washington
Date Filed: 01/02/2020
Effective Date: 01/02/2020
UBI #: 604 564 475

Sn S

Office of the Secretary of State
Corporations & Charities Division

INITIAL REPORT
UBI NUMBER
UBI Number:
604 564 475

BUSINESS NAME
Business Name
DITURI CONSTRUCTION LLC

REGISTERED AGENT
Registered Agent Name

Mailing
Address

Street Address

LEGALINC CORPORATE SERVICES 1001 4TH AVE STE 3200, SEATTLE, WA, 98154-1003,
UNITED STATES
INC.

REGISTERED AGENT CONSENT
Customer provided Registered Agent consent? - Yes

EFFECTIVE DATE
Effective Date:
01/02/2020

OTHER PROVISIONS
Other Provisions:

PRINCIPAL OFFICE
Phone:
888-462-3453
Email:
EFILE1234@INCFILE.COM
Street Address:
10244 32ND AVE SW, SEATTLE, WA, 98146-1233, UNITED STATES

This document is a public record. For more information visit www.sos.wa.gov/corps

Work Order #: 2019122700635079 - 1
Received Date: 12/27/2019
Amount Received: $200.00

DOJ-01-0000005647


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 227 of 246

Mailing Address:
10244 32ND AVE SW, SEATTLE, WA, 98146-1233, UNITED STATES

GOVERNORS
Title

Governor Type

GOVERNOR

INDIVIDUAL

Entity Name

First Name

Last Name

THOMAS

DITURI

NATURE OF BUSINESS
Nature of Business:
CONSTRUCTION

RETURN ADDRESS FOR THIS FILING
Attention:
LOVETTE DOBSON
Email:
EFILE1234@INCFILE.COM
Address:

, UNITED STATES

, HOUSTON, TX,

UPLOAD ADDITIONAL DOCUMENTS
Name

Document Type

No Value Found.

UPLOADED DOCUMENTS
Document Type

Source

Created By

Created Date

No Value Found.

EMAIL OPT-IN
El I hereby opt into receiving all notifications from the Secretary of State for this entity via email only. I acknowledge that I will no
longer receive paper notifications.

AUTHORIZED PERSON - STAFF CONSOLE
E Document is signed.
Person Type:
ENTITY
First Name:
LOVETTE
Last Name:
DOBSON
Entity Name:
INCFILE.COM
Title:
ORGANIZER

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DOJ-01-0000005649


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 228 of 246

Filed
Secretary of State
State of Washington
Date Filed: 04/30/2020
Effective Date: 04/30/2020
UBI #: 604 564 475

SAS

Office of the Secretary of State
Corporations & Charities Division

STATEMENT OF CHANGE
BUSINESS INFORMATION
Business Name:
DITURI CONSTRUCTION LLC
UBI Number:
604 564 475
Business Type:
WA LIMITED LIABILITY COMPANY
Business Status:
ACTIVE
Principal Office Street Address:
10244 32ND AVE SW, SEATTLE, WA, 98146-1233, UNITED STATES
Principal Office Mailing Address:
10244 32ND AVE SW, SEATTLE, WA, 98146-1233, UNITED STATES
Expiration Date:
01/31/2021
Jurisdiction:
UNITED STATES, WASHINGTON
Formation/Registration Date:
01/02/2020
Period of Duration:
PERPETUAL
Inactive Date:
Nature of Business:
CONSTRUCTION

REGISTERED AGENT
Registered Agent
Name

Street Address

Mailing Address

ERIC SHIBLEY

4700 36TH AVE SW, SEATTLE, WA, 981262716, UNITED STATES

4700 36TH AVE SW, SEATTLE, WA, 981262716, UNITED STATES

REGISTERED AGENT CONSENT
Customer provided Registered Agent consent? - Yes

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DOJ-01-0000005651


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 229 of 246

RETURN ADDRESS FOR THIS FILING
Attention:
ERIC SHIBLEY
Email:
SHIBLEY98271@GMAIL.0 OM
Address:
4700 36TH AVE SW, SEATTLE, WA, 98126-2716, UNITED STATES

UPLOAD ADDITIONAL DOCUMENTS
Name

Document Type

EMAIL OPT-IN
El I hereby opt into receiving all notifications from the Secretary of State for this entity via email only. I acknowledge that I
longer receive paper notifications.

will no

AUTHORIZED PERSON - STAFF CONSOLE
Document is signed.
Person Type:
INDIVIDUAL
First Name:
ERIC
Last Name:
SHIBLEY
Title:
MANAGER

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DOJ-01-0000005653


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 230 of 246

Filed
Secretary of State
State of Washington
Date Filed: 05/01/2020
Effective Date: 05/01/2020
UBI #: 604 564 475

Sn S

Office of the Secretary of State
Corporations & Charities Division

Amended Annual Report
BUSINESS INFORMATION
Business Name:
DITURI CONSTRUCTION LLC
UBI Number:
604 564 475
Business Type:
WA LIMITED LIABILITY COMPANY
Business Status:
ACTIVE
Principal Office Street Address:
4700 36TH AVE SW, SEATTLE, WA, 98126-2716, UNITED STATES
Principal Office Mailing Address:
4700 36TH AVE SW, SEATTLE, WA, 98126-2716, UNITED STATES
Expiration Date:
01/31/2021
Jurisdiction:
UNITED STATES, WASHINGTON
Formation/Registration Date:
01/02/2020
Period of Duration:
PERPETUAL
Inactive Date:
Nature of Business:
CONSTRUCTION, CONSTRUCTION

REGISTERED AGENT

RCW 23.95.410

Registered Agent
Name

Street Address

Mailing Address

ERIC SHIBLEY

4700 36TH AVE SW, SEATTLE, WA, 981262716, UNITED STATES

4700 36TH AVE SW, SEATTLE, WA, 981262716, UNITED STATES

PRINCIPAL OFFICE
Phone:
206-938-4291
Email:
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DOJ-01-0000005655


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 231 of 246

SHIBLEY98271@GMAIL.COM
Street Address:
4700 36TH AVE SW, SEATTLE, WA, 98126-2716, USA
Mailing Address:
4700 36TH AVE SW, SEATTLE, WA, 98126-2716, USA

GOVERNORS
Title

Type

GOVERNOR

INDIVIDUAL

Entity Name

First Name

Last Name

ERIC

SHIBLEY

NATURE OF BUSINESS
• CONSTRUCTION
• CONSTRUCTION

EFFECTIVE DATE
Effective Date:
05/01/2020

RETURN ADDRESS FOR THIS FILING
Attention:
ERIC SHIBLEY
Email:
SHIBLEY98126@GMAIL.COM
Address:
4700 36TH AVE SW, SEATTLE, WA, 98126-2716, USA

UPLOAD ADDITIONAL DOCUMENTS
Do you have additional documents to upload? No

EMAIL OPT-IN
Ke' By checking this box, I hereby opt into receiving all notifications from the Secretary of State for this entity via email only. I
acknowledge that I will no longer receive paper notifications.

AUTHORIZED PERSON
IR I am an authorized person.
Person Type:
INDIVIDUAL
First Name:
ERIC
Last Name:
SHIBLEY
Title:
GOVERNOR/MANAGER
true and correct.
T This document is hereby executed under penalty of law and is to the best of my knowledge,

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DOJ-01-0000005657


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 232 of 246

SAS

Office of the Secretary of State
Corporations & Charities Division

Filed
Secretary of State
State of Washington
Date Filed: 05/05/2020
Effective Date: 05/05/2020
UBI #: 604 564 475

AMENDED CERTIFICATE OF FORMATION
BUSINESS INFORMATION
Business Name:
DITURI CONSTRUCTION LLC
UBI Number:
604 564 475
Business Type:
WA LIMITED LIABILITY COMPANY
Business Status:
ACTIVE
Principal Office Street Address:
4700 36TH AVE SW, SEATTLE, WA, 98126, UNITED STATES
Principal Office Mailing Address:
4700 36TH AVE SW, SEATTLE, WA, 98126, UNITED STATES
Expiration Date:
01/31/2021
Jurisdiction:
UNITED STATES, WASHINGTON
Formation/Registration Date:
01/02/2020
Period of Duration:
PERPETUAL
Inactive Date:
Nature of Business:

BUSINESS NAME
Business Name:
DITURI CONSTRUCTION LLC

BUSINESS TYPE
Current Business Type:
WA LIMITED LIABILITY COMPANY
Amend Business Type:

REGISTERED AGENT
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DOJ-01-0000005659


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 233 of 246

Registered Agent
Name

Street Address

Mailing Address

ERIC SHIBLEY

4700 36TH AVE SW, SEATTLE, WA, 981262716, UNITED STATES

4700 36TH AVE SW, SEATTLE, WA, 981262716, UNITED STATES

REGISTERED AGENT CONSENT
Customer provided Registered Agent consent? - Yes

PRINCIPAL OFFICE
Phone:
Email:
SHIBLEY98271@GMAIL.COM
Confirm Email:
SHIBLEY98271@GMAIL.COM
Street Address:
4700 36TH AVE SW, SEATTLE, WA, 98126, UNITED STATES
Mailing Address:
4700 36TH AVE SW, SEATTLE, WA, 98126, UNITED STATES

DURATION
Duration:
PERPETUAL

EFFECTIVE DATE
Effective Date:
05/05/2020

RETURN ADDRESS FOR THIS FILING
Attention:
ERIC SHIBLEY
Email:
SHIBLEY98271@GMAIL.COM
Address:
4700 36TH AVE SW, SEATTLE, WA, 98126-2716, UNITED STATES

UPLOADED DOCUMENTS
Document Type

Created By

Source

Created Date

No Value Found.

UPLOAD ADDITIONAL DOCUMENTS
Name
Operating Agreement Dituri Construction LLC.pdf

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Document Type
UPLOADED DOCUMENT

www.sos.wa.gov/corps

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DOJ-01-0000005661


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 234 of 246

EMAIL OPT-IN
IR' I hereby opt into receiving all notifications from the Secretary of State for this entity via email only. I acknowledge that I will no
longer receive paper notifications.

AUTHORIZED PERSON - STAFF CONSOLE
k Document is signed.
Person Type:
INDIVIDUAL
First Name:
ERIC
Last Name:
SHIBLEY
Title:
GOVERNOR

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DOJ-01-0000005663


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 235 of 246

Operating Agreement
Dituri Construction LLC,
a Washington Limited Liability Company

THISOPERATING AGREEMENT Dituri Construction LLC of (the "Company")
is entered into as of the date set forth on the signature page of this Agreement by each of the
Members listed on Exhibit A of this Agreement.
The Members have formed the Company as a Washington limited liability
A.
company under the Washington Limited Liability Company Act. The purpose of the
Company is to conduct any lawful business for which limited liability companies may be
organized under the laws of the state of Washington. The Members hereby adopt and
approve the certificate of formation of the Company filed with the Washington Secretary
of State.
The Members enter into this Agreement to provide for the governance of
B.
the Company and the conduct of its business, and to specify their relative rights and
obligations.
ARTICLE 1: DEFINITIONS
Capitalized terms used in this Agreement have the meanings specified in this
Articlel or elsewhere in this Agreement and if not so specified, have the meanings set forth
in the Washington Limited Liability Company Act.
"Agreement" means this Operating Agreement of the Company, as may be
amended from time to time.
"Capital Account" means, with respect to any Member, an account consisting of
such Member's Capital Contribution, (1) increased by such Member's allocated share of
income and gain, (2) decreased by such Member's share of losses and deductions,
(3) decreased by any distributions made by the Company to such Member, and
(4)otherwise adjusted as required in accordance with applicable tax laws.

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 236 of 246

"Capital Contribution" means, with respect to any Member, the total value of
(1) cash and the fair market value of property other than cash and (2) services that are
contributed and/or agreed to be contributed to the Company by such Member, as listed on
Exhibit A, as may be updated from time to time according to the terms of this agreement.
"Exhibit" means a document attached to this Agreement labeled as "Exhibit A,"
"Exhibit B," and so forth, as such document may be amended, updated, or replaced from
time to time according to the terms of this Agreement.
"Manager" means each Person who has authority to manage the business and
affairs of the Company pursuant to this Agreement; such Persons are listed on Exhibit
B, as may be updated from time to time according to the terms of this Agreement. A
Manager may be, but is not required to be, a Member.
"Member" means each Person who acquires Membership Interest pursuant to this
Agreement. The Members are listed on Exhibit A, as may be updated from time to time
according to the terms of this Agreement. Each Member has the rights and obligations
specified i..n this Agreement.
"Membership Interest" means the entire ownership interest of a Member in the
Company at any particular time, including the right to any and all benefits to which a
Member may be enititled as provided in this agreement and under the Washington Limited
Liability Company Act, together with the obligations of the Member to comply with all of
the terms and provisions of this Agreement.
"Ownership Interest" means the Percentage Interest or Units, as applicable,
based on the manner in which relative ownership of the Company is divided.
"Percentage Interest" means the percentage of ownership in the Company that,
to each Member, entitles the Member to a Membership Interest and is
respect
with
expressed as either:
If ownership in the Company is expressed in terms of percentage, the
A.
percentage set forth opposite the name of each Member on Exhibit A, as may be
adjusted from time to time pursuant to this Agreement; or

-2-

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 237 of 246

B.
If ownership in the Company is expressed in Units, the ratio, expressed as
a percentage, of:
(1)

the number of Units owned by the Member (expressed as "MU" in
the equation below) divided by

(2)

the total number of Units owned by all of the Members of the
Company (expressed as "TU" in the equation below).
MU
Percentage Interest= - TU

"Person" means an individual (natural person), partnership, limited partnership,
trust, estate, association, corporation, limited liability company, or other entity, whether
domestic or foreign.
"Units" mean, if ownership in the Company is expressed in Units, units of
ownership in the Company, that, with respect to each Member, entitles the Member to
a Membership Interest which, if applicable, is expressed as the number of Units set
forth opposite the name of each Member on Exhibit A, as may be adjusted from time
to time pursuant to this Agreement.
ARTICLE 2: CAPITAL CONTRIBUTIONS, ADDITIONAL
MEMBERS, CAPITAL ACCOUNTS AND LIMITED LIABILITY
2.1 Initial Capital Contributions . The names of all Members and each of their
respective addresses, initial Capital Contributions, and Ownership Interests must be set
forth on Exhibit A. Each Member has made or agrees to make the initial Capital
Contribution set forth next to such Membe 1's name on Exhibit A to become a Member
of the Company.
2.2 Subsequent Capital Contributions. Members are not obligated to make
additional Capital Contributions unless unanimously agreed by all the Members. If
subsequent Capital Contributions are unanimously agreed by all the Members in a
consent in writing, the Members may make such additional Capital Contributions on a
pro rata basis in accordance with each Member's respective Percentage Interest or as
otherwise unanimously agreed by the Members.

-3-

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 238 of 246

23 Additional Members.
With the exception of a transfer of interest (1) governed by Article 7 of this
A.
Agreement or (2) otherwise expressly authorized by this Agreement, additional Persons
may become Members of the Company and be issued additional Ownership Interests
only if approved by and on terms determined by a unanimous written agreement
signed by all of the existing Members.
Before a Person may be admitted as a Member of the Company, that
B.
and deliver to the Company the documents and instrunlents, in the
sign
Person must
the information required by the Company, that the Managers
containing
and
form
Membership Interests of new Members will be allocated
desirable.
or
necessary
deem
according to the terms of this Agreement.
2.4 Capital Accounts. Individual Capital Accounts must be maintained for each
Member, unless (a) there is only one Member of the Company and (b) the Company is
exempt according to applicable tax laws. Capital Accounts must be maintained in
accordance with all applicable tax laws.
2.5 Interest. No interest will be paid by the Company or otherwise on Capital
Contributions or on the balance of a Member's Capital Account.
2.6 Limited Liability; No Authority. A Member will not be bound by, or be
personally liable for, the expenses, liabilities, debts, contracts, or obligations of the
Company, except as otherwise provided in this Agreement or as required by the
Washington Limited Liability Company Act. Unless expressly provided in this
Agreement, no Member, acting alone, has any authority to undertake or assume any
obligation, debt, or responsibility, or otherwise act on behalf of, the Company or any
other Member.
ARTICLE 3. ALLOCATIONS AND DISTRIBUTIONS
3.1 Allocations. Unless otherwise agreed to by the unanimous consent of the
Members any income, gain, loss, deduction, or credit of the Company will be allocated
for accounting and tax purposes on a pro rata basis in proportion to the respective
Percentage Interest held by each Member and in compliance with applicable tax laws.

-4-

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 239 of 246

3.2 Distributions. The Company will have the right to make distributions of cash
and property to the Members on a pro rata basis in proportion to the respective
Percentage Interest held by each Member. The timing and amount of distributions will be
determined by the Managers in accordance with the Washington Limited Liability
Company Act.
3.3 Limitations on Distributions. The Company must not make a distribution to
a Member if, after giving effect to the distribution:
The Company would be unable to pay its debts as they become due in the
A.
usual course of business; or
The fair value of the Company's total assets would be less than the sum of its
B.
total liabilities plus the amount that would be needed, if the Company were to be
dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution
of Members, if any, whose preferential rights are superior to those of the Members
receiving the distribution.
ARTICLE 4: MANAGEMENT
4.1 Management.
Generally. Subject to the terms of this Agreement and the Washington
A.
Limited Liability Company Act, the business and affairs of the Company will be
managed by the Board of Managers, as further described below. The Members initially
nominate and elect the Person(s) set forth on Exhibit B to serve as the Manager(s) of the
Company. The Managers will act under the direction of the Members and may be elected
or removed at any time, for any reason or no reason, by the Members holding a majority of
the Voting Interest of the Company. Exhibit B must be amended to reflect any changes in
Managers.
Approval and Action. Unless greater or other authorization is required
B.
Agreement or under the Washington Limited Liability Company Act for
this
to
pursuant
the Company to engage in an activity or transaction, all activities or transactions must be
approved by a majority of Managers, to constitute the act of the Company or serve to bind
the Company, but if the Managers cannot reach a majority vote, the dispute will be
submitted to the Members to be resolved by the affirmative vote of the Members holding
at least a majority of the Voting Interest of the Company. With such approval, the
signature of any Managers authorized to sign on behalf of the Company is sufficient to
bind the Company with respect to the matter or matters so approved.
-5-

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 240 of 246

without such approval, no Managers acting alone may bind the Company to any
agreement with or obligation to any third party or represent or claim to have the ability
to so bind the Company.
Certain Decisions Requiring Greater Authorization. Notwithstanding
C.
clause B above, the following matters require unanimous approval of the Members in a
consent in writing to constitute an act of the Company:
(i)

A material change in the purposes or the nature of the Company's
business;

(ii)

With the exception of a transfer of interest governed by Article 7 of
this Agreement, the admission of a new Member or a change in any
Member's Membership Interest, Ownership Interest, Percentage
Interest, or Voting Interest in any manner other than in accordance
with this Agreement;

(iii) The merger of the Company with any other entity or the sale of all
or substantially all of the Company's assets; and
(iv)

The amendment of this Agreement.

4.2 Meetings of Managers. Regular meetings of the Managers are not required
but may be held at such time and place as the Managers deem necessary or desirable
for the reasonable management of the Company. Meetings may take place in person,
by conference call, or by any other means permitted under the Washington Limited
Liability Company Act. In addition, Company actions requiring a vote may be carried
out without a meeting if all of the Managers consent in writing to approve the action.
4.3 Officers. The Managers are authorized to appoint one or more officers from
time to time. The officers will have the titles, the authority, exercise the powers, and
perform the duties that the Managers determine from time to time. Each officer will
continue to perform and hold office until such time as (a) the officer's successor is
chosen and appointed by the Managers; or (b) the officer is dismissed or terminated by
the Managers, which termination will be subject to applicable law and, if an effective
employment agreement exists between the officer and the Company, the employment
agreement. Subject to applicable law and the employment agreement (if any), each
officer will serve at the direction of Managers, and may be terminated, at any time and
for any reason, by the Managers.
-6-

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 241 of 246

ARTICLE 5: ACCOUNTS AND ACCOUNTING
5.1 Accounts. The Company must maintain complete accounting records of the
Company's business, including a full and accurate record of each Company transaction.
The records must be kept at the Company's principal executive office and must be
open to inspection and copying by Members during normal business hours upon
reasonable notice by the Members wishing to inspect or copy the records or their
authorized representatives, for purposes reasonably related to the Membership
Interest of such Members. The costs of inspection and copying will be borne by the
respective Member.
5.2 Records. The Managers will keep or cause the Company to keep the
following business records.
(i}

(ii)

An up to date list of the Members, each of their respective full legal
names, last known business or residence address, Capital
Contributions, the amount and terms of any agreed upon future
Capital Contributions, and Ownership Interests, and Voting
Interests;
A copy of the Company's federal, state, and local tax information
and income tax returns and reports, if any, for the six most recent
taxable years;

(ill} A copy of the certificate of formation of the Company, as may be
amended from time to time ("Certificate of Formation"); and
(iv)

An original signed copy, which may include counterpart
signatures, of this Agreement, and any amendments to this
Agreement, signed by all then-current Members.

5.3 Income Tax Returns. Within 45 days after the end of each taxable year, the
Company will use its best efforts to send each of the Members all information necessary
for the Members to complete their federal and state tax information, returns, and
copy of the Company's federal, state, and local tax information or income tax return
and reports for such year.
5.4 Subchapter S Election. The Company may, upon unanimous consent of the
Members, elect to be treated for income tax purposes as an S Corporation. This
designation may be changed as permitted under the Internal Revenue Code
Section 1362(d) and applicable Regulations.
-7-

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 242 of 246

5.5 Tax Matters Member. Anytime the Company is required to designate or select
a tax matters partner pursuant to Section 6231(a)(7) of the Internal Revenue Code and any
regulations issued by the Internal Revenue Service, the Members must designate one of the
Members as the tax matters partner of the Company and keep such designation in effect at
all times.
5.6 Banking. All funds of the Company must be deposited in one or more bank
accounts in the name of the Company with one or more recognized financial institutions.
The Managers are authorized to establish such accounts and complete, sign, and de live r
any banking resolutions reasonably required by the respective financial institutions in
order to establish an account.
ARTICLE 6: MEMBERSHIP - VOTING AND MEETINGS
6.1 Members and Voting Rights. The Members have the right and power to vote
on all matters with respect to which the Certificate of Formation, this Agreement, or the
Washington Limited Liability Company Act requires or permits. Unless otherwise stated
in this Agreement (for example, in Section 4.1(c))or required under the Washing ton
Limited Liability Company Act, the vote of the Members holding at least a majority of the
Voting Interest of the Company is required to approve or carry out an action.
6.2 Meetings of Members. Annual, regular, or special meetings of the Members are
not required but may be held at such time and place as the Members deem necessary
or desirable for the reasonable management of the Company. A written notice setting forth
the date, time, and location of a meeting must be sent within a reasonable period of time
before the date of the meeting to each Member entitled to vote at the meeting. A
Member may waive notice of a meeting by sending a signed waiver to the Company's
principal executive office or as otherwise provided in the Washington Limited
Liability Company Act. In any instance in which the approval of the Members is required
under this Agreement, such approval may be obtained in any manner permitted by the
Washington Limited Liability Company Act, including by conference call or similar
communications equipment. Any action that could betaken at a meeting may be approved
by a consent in writing that describes the action to be taken and is signed by Members
holding the minimum Voting Interest required to approve the action. If any actionis
of
taken without a meeting and without unanimous written consent of the Members, notice
consent
not
that
did
Member
each
to
be
sent
must
such action
to the action.
-8-

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Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 243 of 246

ARTICLE 7: WITHDRAWAL AND 1RANSFERS OF MEMBERSHIP INTERESTS
Withdrawal. Members may withdraw from the Company prior to the
7.1
winding up of the Company (a) by transferring or assigning all of their
and
dissolution
Interests pursuant to Section 7.2 below, or (b) if all of the
Membership
respective
agree
in a written consent. Subject to the provisions of Article 3,
unanimously
Members
to this Section 7.1 will be entitled to a distribution
pursuant
withdraws
that
a Member
equal
to such Member's Capital Account.
amoUllt
in
an
Company
from the
7.2 Restrictions on Transfer; Admission of Transferee. A Member may transfer
Membership Interests to any other Person without the consent of any other Member. A
person may acquire Membership Interests directly from the Company upon the written
consent of all Members. A Person that acquires Membership Interests in accordance
with this Section 7.2 will be admitted as a Member of the Company only after the
requirements of Section 2.3(b) are complied with in full.
ARTICLE 8: DISSOLUTION
8.1 Dissolution . The Company will be dissolved upon the first to occur of the
following events:
(i)

The unanimous agreement of all Members in a consent in writing
to dissolve the Company;

(ii)

Entry of a decree of judicial dissolution under Washington Limited
Liability Company Act;

(iii) At any time that there are no Members, unless and provided that
the Company is not otherwise required to be dissolved and wound
up, within 90 days after the occurrence of the event that terminated
the continued membership of the last remaining Member, the legal
representative of the last remaining Member agrees in writing to
continue the Company and (i) to become a Member; or (ii) to the
extent that the last remaining Member assigned its interest in the
Company, to cause the Member's assignee to become a Member of
the Company, effective as of the occurrence of the event that
terminated the continued membership of the last remaining
Member;

-9-

Work Order 14: 2020050100240636- 1
Received Date: 05/01/2020
Amount Received: $50.00

DOJ-01-0000005681


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 244 of 246

Company Agent seeking indemnification) or a majority of the Managers that are not
seeking indemnification, as the case may be. Before the Company makes any such
payment of Expenses, the Company Agent seeking indemnification must deliver a
written undertaking to the Company stating that such Company Agent will repay the
applicable Expenses to the Company unless it is ultimately determined that the
Company Agent is entitled or required to be indemnified and held harmless by the
Company (as set forth in Sections 9.1or 9.2 above or as otherwise required by
applicable law).
ARTICLE 10: GENERAL PROVISIONS
10.1 Notice. (a)-Any notices (including requests, demands, or other communications
) to be sent by one party to another party in connection with this Agreement must be in
writing and delivered personally, by reputable overnight courier, or by certified mail (or
equivalent service offered by the postal service from time to time) to the following
addresses or as otherwise notified in accordance with this Section: (i) if to the Company,
notices must be sent to the Company's principal executive office; and (ii) if to a Member,
notices must be sent to the Member's last known address for notice on record. (b) Any
party to this Agreement may change its notice address by sending written notice of such
change to the Company in the manner specified above. Notice will be deemed to have
been duly given as follows: (i) upon delivery, if delivered personally or by reputable
overnight carrier or (ii) five days after the date of posting if sent by certified mail.
10.2 Entire Agreement; Amendment. This Agreement along with the Certificate of
Formation (together, the "Organizational Documents"), constitute the entire agreement
among the Members and replace and supersede all prior written and oral understandings
and agreements with respect to the subject matter of this Agreement, except as otherwise
required by the Washington Limited Liability Company Act. There are no
representations, agreements, arrangements, or undertakings, oral or written, between or
among the Members relating to the subject matter of this Agreement that are not fully
expressed in the Organizational Documents. This Agreement may not be modified or
amended in any respect, except in a writing signed by all of the Members except as
otherwise required or permitted by the Washington Limited Liability Company Act.
10.3 Governing Law; Severability. This Agreement will be construed and enforced
in accordance with the laws of the state of Washington. If any provision of this Agreement
is held to be unenforceable by a court of competent jurisdiction for any reason
whatsoever, (i) the validity, legality, and enforceability of the remaining
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Work Order #: 2020050100240636 - 1
Received Date: 05/01/2020
Amount Received: $50.00

DOJ-01-0000005683


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 245 of 246

provisions of this Agreement (including without limitation, all portions of any
provisions containing any such unenforceable provision that are not themselves
unenforceable) will not in any way be affected or impaired thereby, and (ii) to the
fullest extent possible, the unenforceable provision will be deemed modified and
replaced by a provision that approximates the intent and economic effect of the
unenforceable provision and the Agreement will be deemed amended accordingly.
10.4 Further Action. Each Member agrees to perform all further acts and execute,
acknowledge, and deliver any documents which may be reasonably necessary,
appropriate, or desirable to carry out the provisions of this Agreement.
10.5 No Third Party Beneficiary. This Agreement is made solely for the benefit of
the parties to this Agreement and their respective permitted successors and assigns, and no
other Person or entity will have or acquire any right by virtue of this Agreement. This
Agreement will be binding on and inure to the benefit of the parties and their heirs,
personal representatives, and permitted successors and assigns.
10.6 Incorporation by Reference. The recitals and each appendix, exhibit,
schedule, and other document attached to or referred to in this Agreement are hereby
incorporated into this Agreement by reference.
10.7 Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if all of the Members signed the same copy. All
counterparts will be construed together and will constitute one agreement.

-12-

Work Order #: 2020050100240636 - 1
Received Date: 05/01/2020
Amount Received: $50.00

DOJ-01-0000005685


Case 2:20-cr-00174-JCC Document 137-8 Filed 11/26/21 Page 246 of 246

IN WITNESS WHEREOEthe parties have executed or caused to be executed
this Operating Agreement and do each hereby represent and warrant that their
respective signatory, whose signature appears below, has been and is, on the date of
this Agreement, duly authorized to execute this Agreement.
Dated: 01/07/2020

Signature of Eric R an Shibley

Signature of Thomas Dituri
EXHIBIT A
MEMBERS
The Members of the Company and their respective addresses, Capital Contributions, and
Ownership Interests are set forth below. The Members agree to keep this Exhibit A and
updated in accordance with the terms of this Agreement, including, but not limited
to, Sections 2.1, 2.3, 2.4, 7.1, 7.2, and 10.1.
Percentage interest
Capital
Members
Contribution
90%
90%
Eric Ryan Shibley
Address:
4700 36th Ave. SW
Seattle, Washington 98126
Thomas di'Turi
Address:

10%

10%

Seattle, WA

Work Order #: 2020050100240636 - 1
Received Date: 05/01/2020
Amount Received: $50.00

DOJ-01-0000005687

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