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Case docket

United States v. Diamond Blue Smith — U.S. District Court, S.D. Fla.

United States v. Diamond Blue Smith — 3 court filings in the archive from U.S. District Court, Southern District of Florida, filed between October 1, 2020 and November 30, 2021. Among them: 1 criminal complaint.

Case facts

CourtU.S. District Court, Southern District of Florida
Filings3 public filings
Filed2020-10-01 – 2021-11-30
Document typescriminal complaint (1)
Original PDFs3 of 3

Case summary

Diamond Blue Smith was prosecuted in the U.S. District Court for the Southern District of Florida, No. 1:21-cr-20001-MGC, over Paycheck Protection Program loans. A criminal complaint filed October 1, 2020 charged wire fraud, bank fraud and attempt and conspiracy to commit wire fraud and bank fraud. He waived indictment, was charged by information on January 5, 2021 with one count of conspiracy to commit wire fraud under 18 U.S.C. § 371, and pleaded guilty on August 4, 2021. The government's sentencing memorandum states that two loans, $426,717 for Throwbackjerseys.com and $708,065 for Blue Star Records, gave him $1,134,782 in PPP funds, and recommends 37 months. No judgment is on this page.

Case at a glance

Defendant(s)Diamond Blue Smith; the companies named in the filings are Throwbackjerseys.com and Blue Star Records
Court and docketU.S. District Court for the Southern District of Florida, No. 1:21-cr-20001-MGC
ProgramPaycheck Protection Program (PPP)
ChargesComplaint: wire fraud, bank fraud, and attempt and conspiracy to commit wire fraud and bank fraud (18 U.S.C. §§ 1343, 1344, 1349 and 2). Information: one count of conspiracy to commit wire fraud (18 U.S.C. § 371)
Outcome and sentencePleaded guilty to the information on August 4, 2021. The government recommended 37 months' imprisonment, three years of supervised release, a forfeiture money judgment, forfeiture of specific property and restitution. No judgment is on this page and the sentence imposed is not in the documents

What did Smith plead guilty to?

One count of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371, charged by information after he waived indictment, entered by guilty plea before the court on August 4, 2021 under a written plea agreement.

How much was obtained?

$1,134,782 in PPP funds, from a $426,717 loan for Throwbackjerseys.com wired on or about May 20, 2020 and a $708,065 loan for Blue Star Records. The government's memorandum states he paid kickbacks of approximately $250,000 to two co-conspirators who prepared and submitted the applications.

What did the applications claim?

For Throwbackjerseys.com, 21 employees and an average monthly payroll of $170,687, supported by forged documents including a purported bank statement and IRS Forms 941 for 2019. For Blue Star Records, an average monthly payroll of $283,226, with the application concealing Smith's ownership by listing a family member as sole owner.

Summary written from the documents on this page; every sentence is sourced.

Filings

3 public filings from this case, in filing-date order.

  1. Criminal complaint and affidavit — United States v. Diamond Blue Smith (S.D. Fla.)Criminal complaint · PDF
  2. Factual proffer — United States v. Diamond Blue SmithPDF
  3. Government sentencing memorandum — United States v. Diamond Blue Smith (S.D. Fla.)PDF

Court, dates and docket numbers are as recorded on the filings.

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