Profiles · PrincipalsControversial
- Type
- Person
- Role
- Executive
- Programs
- PPP, PPPLF
- Updated
The profile
CEO and primary owner of MBE Capital Partners, a New York nonbank PPP lender. He pleaded guilty on March 23, 2023 to conspiracy to commit wire fraud (S.D.N.Y. 1:22-cr-00251-LJL) over false statements used to obtain SBA lender approval, financing and a PPP loan for his own company; sentenced July 27, 2023 to 54 months, with restitution of $71,711,893.07.
Individuals whose conduct was challenged or called into question during or after the pandemic. See sources: DOJ plea release, March 23, 2023 Judgment, July 27, 2023
In the archive
Identity and role
Rafael Martinez, of Franklin Lakes, New Jersey, was CEO and primary owner of MBE Capital Partners, LLC ("MBE"), a New York limited liability company formed in March 2015. Republic Group, LLC (a/k/a Republic Group Parts, LLC), also owned and controlled by Martinez, served as MBE's holding company. MBE was one of the SBA-approved nonbank lenders that originated Paycheck Protection Program loans.
Biography / career arc
The DOJ releases do not describe any business career for Martinez prior to MBE; the criminal complaint describes the company's own marketing claims. Prosecutors say the financial statements Martinez submitted to win MBE's SBA lender approval were fabricated (DOJ releases).
The scheme and pandemic-relief role
According to the DOJ releases and the (S2) superseding information Martinez pleaded guilty to (the criminal complaint and superseding indictment are cited to the docket), he used false statements and forged documents to get MBE approved as a nonbank PPP lender and to raise the capital MBE used to fund loans. On April 9, 2020, four days after applying for a PPP loan for his own holding company, Martinez applied to the SBA for MBE's nonbank-lender status. He represented that MBE had originated and serviced more than $3.8 billion in loans or receivables from 2017 through 2019 and submitted financial statements he claimed were audited. On April 27, 2020, he sent the same fraudulent "audited" financials to a life insurance company as part of a pitch to fund PPP loans "for minority and women-owned small businesses"; the insurer wired MBE $100 million on May 13, 2020. MBE then used it as collateral to borrow approximately $832 million through the Federal Reserve's Paycheck Protection Program Liquidity Facility. On the strength of that fraudulently obtained lender status and capital, MBE issued approximately $823 million in PPP loans to roughly 36,600 businesses and collected about $71.3 million in lender fees.
Their own relief
On April 5, 2020, Martinez applied to a bank for a PPP loan on behalf of Republic Group d/b/a MBE, representing that MBE had as many as 15 employees and roughly $119,390 in average monthly payroll in 2019. Prosecutors say MBE actually had at most four employees and no more than $25,000 in average monthly payroll during that period, and that Martinez submitted forged, doctored IRS Forms 941 bearing a New York tax preparer's forged signature to support the false numbers. MBE was approved for and received a PPP loan of approximately $283,764, most of which the government says was not used for payroll or other business expenses.
Legal status / controversies
- Arrested: March 1, 2022 (magistrate complaint 1:22-mj-01988), on charges including bank fraud, wire fraud, false statements to a bank and to the SBA, and aggravated identity theft — allegations at that stage.
- Indicted: 2022; superseded in January 2023 (S1) (case summary; we do not have a copy of the docket). Martinez moved to dismiss the wire-fraud count, arguing under Cleveland, Kelly v. United States, and Blaszczak that a scheme to obtain government approval is not wire fraud; U.S. District Judge Lewis J. Liman denied the motion in March 2023 (case summary; we do not have a copy of the docket).
- Pleaded guilty: March 23, 2023, to one count of conspiracy to commit wire fraud (18 U.S.C. § 371) under the (S2) superseding information, waiving indictment on that count.
- Sentenced: July 27, 2023, to 54 months in prison and three years of supervised release. He was ordered to pay restitution of $71,711,893.07 and to forfeit $44,546,712.94, including seized bank accounts, a home in Franklin Lakes, New Jersey, a property in the Dominican Republic, and five vehicles: a Ferrari 488 Spider, a 1962 Mercedes-Benz 190, a BMW 750, a Bentley Continental GT, and a Porsche 911 Turbo.
- The U.S. Attorney's Office for the Southern District of New York prosecuted the case with the SBA Office of Inspector General and other agencies (DOJ releases).
Where they are now (2025–2026)
Not documented in the case record beyond the July 2023 sentencing to 54 months.
Court records
- Rafael Martinez MBE Capital PPP case — U.S. District Court, S.D.N.Y. (No. 1:22-cr-00251)
Sources
- DOJ/USAO-SDNY, "CEO Of Payment Protection Program Lender MBE Capital Arrested In Connection With Fraudulent Loan And Lender Applications" (March 1, 2022): Ceo Payment Protection Program Lender Mbe Capital Arrested Connection Dc7fd0f65651deb6 (original: justice.gov · stored capture) — local copy: 02-doj sdny martinez arrested
- DOJ/USAO-SDNY, "CEO Of Paycheck Protection Program Lender MBE Capital Pleads Guilty In Connection With Fraudulent Loan And Lender Applications" (March 23, 2023): 2023 03 23 Ceo Of Paycheck Protection Program Lender Mbe Capital Pleads Guilty In C 7adb76ea (original: justice.gov · stored capture) — local copy: 2023-03-23 ceo of paycheck protection program lender mbe capital pleads guilty in c 7adb76ea
- DOJ/USAO-SDNY, "CEO Of Paycheck Protection Program Lender MBE Capital Sentenced To 54 Months In Prison In Connection With Fraudulent Loan And Lender Applications" (July 27, 2023): 2023 07 27 Ceo Of Paycheck Protection Program Lender Mbe Capital Sentenced To 54 Mo 6829ce79 (original: justice.gov · stored capture) — local copy: 2023-07-27 ceo of paycheck protection program lender mbe capital sentenced to-54-mo 6829ce79
- (S2) Superseding Information, United States v. Rafael Martinez, No. 1:22-cr-00251-LJL (S.D.N.Y.), filed March 23, 2023: CASE NYSD 1-22-cr-00251 US v Martinez docS2-info SUPERSEDING INFORMATION 2023-03-23
- Case record summary
- Case docket, United States v. Martinez: https://www.courtlistener.com/docket/65356752/united-states-v-martinez/