Exhibit A: Affidavit of Secret Service Special Agent Derek MacDonald (Document 1-1, November 8, 2021)

Summary

Affidavit of Derek MacDonald, a Special Agent with the United States Secret Service, filed 11/08/21 as Exhibit A (Document 1-1) to the Government's Verified Complaint for Forfeiture in Rem in Case 1:21-cv-11802-MLW. It seeks forfeiture of a Bank of America bank check dated July 8, 2021 for $16,893.86 as proceeds of wire fraud through the PPP. The affidavit states that the check payees reported a scam to the Barnstable Police Department on July 12, 2021: one payee had been contacted online by someone posing as the actor Vin Diesel and shared banking information, and a PPP loan was then made in that payee's name without permission. SBA-OIG records show a $17,129 PPP loan through Capital Plus Financial for a claimed food service contractor business, approved and funded on May 17, 2021.

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Case 1:21-cv-11802-MLW Document 1-1 Filed 11/08/21 Page 1 of 6

EXHIBIT A

AFFIDAVIT OF UNITED STATES SECRET SERVICE
SPECIAL AGENT DEREK MacDONALD

I, Derek MacDonald, being duly sworn state the following:

INTRODUCTION AND AGENT BACKGROUND

1. I am a Special Agent (“SA”) with the United States Secret Service and have been
employed as such since June 3, 2019. I attended the Criminal Investigator Training Program at
the Federal Law Enforcement Training Center in Glynco, Georgia and the United States Secret
Service (“USSS”) Special Agent Training Course at the James J. Rowley Training Center in
Beltsville, Maryland. I am currently assigned to the Boston Field Office where I conduct
financial crime investigations, including investigations of violations of 18 U.S.C. § 1343 (Wire
Fraud). In connection with these investigations, I have conducted or participated in numerous
field interviews of suspects and witnesses, electronic and physical surveillance, researched bank
account documents and documents relating to the wiring of monies between banks. Through my
training and experience, I have become familiar with various financial frauds and schemes such
as bank frauds, frauds involving Government programs, and other wire and mail frauds. Further,
as a federal agent, I am authorized to execute warrants issued under the authority of the United
States.

PURPOSE OF AFFIDAVIT

ps I make this affidavit in support of the Government’s Verified Complaint for
Forfeiture in Rem of:

a. One Bank of America bank check (check #189003133) dated July 8, 2021
for the amount of $16,893.86 and made payable to the names J.D. or L.K.!

' To protect the identity of individuals, the initials of first and last names have been used. The
identify of these individuals, however, is personally known to me.

1
Case 1:21-cv-11802-MLW Document 1-1 Filed 11/08/21 Page 2 of 6

(hereinafter referred to as the “TARGET CHECK” and “CHECK
PAYEES 1 and 2)

3. This affidavit does not include each and every fact known to me and other law
enforcement concerning this investigation. This affidavit only sets forth sufficient facts to
demonstrate probable cause for the forfeiture of the TARGET CHECK.

4, The following facts are based on my personal participation in this investigation,
which includes interviews of witnesses, the review of documents, and conversations with other
law enforcement officers.

5. As set forth below, I submit that probable cause exists to believe that the
TARGET CHECK is subject to forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C), because the
TARGET CHECK is property, real or personal, which constitutes or are derived from proceeds
traceable to a violation of a specified unlawful activity, specifically violations of 18 U.S.C.

§ 1343 (Wire Fraud). Pursuant to 18 U.S.C. § 1961(1), as incorporated by 18 U.S.C.
§ 1956(c)(7)(A), violations of 18 U.S.C. § 1343 are a specified unlawful activity.

6. Further, the United States has probable cause to believe that the TARGET CHECK
is subject to forfeiture to the United States pursuant to 18 U.S.C. § 981(a)(1)(E), as any property, real
or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly,
from a violation of section 1343, committed for the purpose of executing or attempting to execute
any scheme or artifice to defraud, or for obtaining money or property by means of fraudulent
statements, pretenses, representations or promises, and the gross receipts of such an offense shall
include all property, real or personal, tangible or intangible, which thereby is obtained, directly or

indirectly.
Case 1:21-cv-11802-MLW Document 1-1 Filed 11/08/21 Page 3 of 6

PROBABLE CAUSE TO SUPPORT FORFEITURE

7. As set forth below, there is probable cause to believe that the TARGET CHECK
contains proceeds obtained through violations of 18 U.S.C. § 1343 (Wire Fraud) through the
U.S. Small Business Administration (“SBA”) Paycheck Protection Plan (“PPP”) program related
to the declared disaster due to the Coronavirus Pandemic (“COVID-19”).

8. On March 27, 2020, the President signed a $2 trillion stimulus bill called the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which was intended to
ameliorate the economic impact of the COVID-19 Pandemic. See Pub. L. 116-136. This
economic relief package provided assistance for small businesses administered by the SBA. The
PPP is a loan designed to provide a direct incentive for small businesses to keep their workers on
payroll. PPP loans can be used to help fund payroll costs, including benefits, and may also be
used to pay for mortgage interest, rent utilities, worker protection costs related to COVID-19,
uninsured property damage costs caused by looting or vandalism during 2020, and certain
supplier costs and expenses for operations.

9. On July 12, 2021, CHECK PAYEES 1 AND 2 went to the Barnstable Police
Department to report a scam. CHECK PAYEE 2 explained that she is the mother of CHECK
PAYEE 1 who is mentally disabled and that a PPP loan was deposited into their account for
CHECK PAYEE 1. CHECK PAYEE 2 further explained that she notified Bank of America
that her daughter is mentally disabled and did not apply for a PPP loan and that Bank of America
subsequently flagged the account as fraudulent and froze the remaining funds. Bank of America
additionally closed the account and mailed to CHECK PAYEES 1 AND 2, a bank check, dated

July 8, 2021, of which contains the remaining proceeds of the PPP loan fraud.
Case 1:21-cv-11802-MLW Document 1-1 Filed 11/08/21 Page 4 of 6

10. On July 13, 2021, CHECK PAYEES 1 AND 2 returned to the Barnstable Police
Department and voluntarily relinquished the TARGET CHECK to law enforcement as they did
not want any of the remaining funds on the TARGET CHECK as they acknowledged that the
funds were as a result of a scam. Barnstable Police subsequently logged the TARGET CHECK
into evidence for safekeeping.

11. On July 15, 2021, Barnstable Police Department Detective and USSS New
England Cyber Fraud Task Force Officer (“NECFTF TFO”) Steven Barrette and I, conducted an
interview with CHECK PAYEES 1 AND 2 at CHECK PAYEE 1’s residence. During the
interview CHECK PAYEE 1 explained that she was communicating with an individual she met
online who she believed was the actor, Vin Diesel. They communicated mainly through Google
Hangouts as well as through her Yahoo email account. The scammer who portrayed himself as
Vin Diesel instructed CHECK PAYEE 1 to provide her banking information as well as a picture
of her driver’s license under the pretense that she was helping his “Fast and Furious” charity.

12. CHECK PAYEE 1 shared that when she noticed approximately $17,000
deposited into her bank account that something felt wrong and immediately asked her mother for
help since CHECK PAYEE 1 said she did not give permission or consent for her information to
be used to apply for a PPP loan. CHECK PAYEE 2 contacted Bank of America and learned that
the deposit was a PPP loan from Capital Plus Funding of which she explained to Bank of
America that CHECK PAYEE 1 never applied for the PPP loan. When CHECK PAYEE 1 was
asked if she ever spoke to this individual, she explained that she did not, but that she did talk to
his “manager.” CHECK PAYEE 1 then shared a voicemail from the “manager,” which

NECFTF TFO Barrette and I listened to.
Case 1:21-cv-11802-MLW Document 1-1 Filed 11/08/21 Page 5 of 6

13. The voicemail recording was a plea for the money. During this interview,
CHECK PAYEES 1 AND 2 provided consent to view the Google Hangout chat
communications and Yahoo email correspondence with the scammer which indicated a romance
scam based on the nature of the conversation. The interview concluded, and NECFTF TFO
Barrette and I provided CHECK PAYEES 1 AND 2 our contact information, and directed them
to cease contact with the scammer.

14. On July 15, 2021, I contacted the SBA, Office of Inspector General’s Office
(“SBA-OIG”) to inquire about a fraudulent PPP loan application that was filed using CHECK
PAYEE 1’s Personal Identifiable Information (“PII”) and made payable to Bank of America
account ending in 8595 with the authorized account owners being CHECK PAYEES 1 AND 2.

15. On July 16, 2021, the SBA-OIG conducted a database search and located a PPP
loan that was filed using CHECK PAYEE 1’s PII, (referencing loan number ending in 90-08)
and provided supporting documentation of the loan summary.

16. A review of the loan summary revealed that a PPP loan application was in the
name of CHECK PAYEE 1 for the amount of $17,129 through Capital Plus Financial for a food
service contractor business claiming to be open since January 1, 2015 with a 2020 gross income
of $82,220. I have reviewed the supporting documentation and further noted that the reported
“business type” was described on the application as “self-employed individuals” with one
employee. Additionally, CHECK PAYEE 1’s residence address was used for the loan mailing
address and her name was listed as the business owner. The PPP loan was approved and funded
on May 17, 2021 and the “use of proceeds” of the loan was intended for payroll costs and was

processed through Capital Plus Financial, LLC, based out of Bedford, Texas.
Case 1:21-cv-11802-MLW Document 1-1 Filed 11/08/21 Page 6 of 6

CONCLUSION

17. Based on my knowledge, training, and experience, and the facts set forth in this
affidavit, I believe probable cause exists to conclude that CHECK PAYEES 1 AND 2 were
impacted by a scam and that the TARGET CHECK, containing $16,893.86, constitutes
proceeds of a violation of 18 U.S.C. § 1343 (Wire Fraud) and are subject to forfeiture pursuant to

18 U.S.C. §§ 981(a)(1)(C) and (a)(1)(E).

Pursuant to 28 U.S.C. § 1746, I declare under the penalties of perjury that the foregoing is

true and correct to the best of my knowledge, information and belief. Executed this s“day of

November, 2021.

Special Agent Derek MacDonald
United States Secret Service


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