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Indictment — United States v. Giuseppe Mirenda (District of Utah)

Summary

An indictment filed July 6, 2022 in United States v. Giuseppe Mirenda, Case 2:22-cr-00246-HCN, in the U.S. District Court for the District of Utah. It charges that Mirenda submitted EIDL Loan applications to the SBA for restaurant companies including Sicilia Mia 1, Antica Sicilia LLC and Bella Sicilia LLC that omitted Relative 1 and Relative 2 as co-owners and their citizenship status, and obtained $1,889,400 in EIDL Loan proceeds. The indictment alleges that over $1.2 million was used to buy a West Jordan, Utah house for $610,204.85, a Las Vegas house, a Jaguar F-Pace, a BMW-M3 and cryptocurrency. Counts 1-6 charge wire fraud under 18 U.S.C. § 1343 and Counts 7-10 money laundering under 18 U.S.C. § 1957, followed by a forfeiture notice.

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“Indictment — United States v. Giuseppe Mirenda (District of Utah).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/1-indictment-as-to-giuseppe-mirenda-1-counts-1-10-a6cd354390/, SHA-256 832683808e71cc83681b2ff85a95e5b04529037ddc5902791afb88043c340798.

Full text

Case 2:22-cr-00246-HCN            Document 1        Filed 07/06/22    PageID.1      Page 1 of 10




 TRINA A. HIGGINS, United States Attorney (#7349)
 TODD C. BOUTON, Assistant United States Attorney (#17800)
 Attorneys for the United States of America
 Office of the United States Attorney
 111 South Main Street, Suite 1800
 Salt Lake City, Utah 84111-2176
 Telephone: (801) 524-5682
 Email: todd.bouton@usdoj.gov


                            IN THE UNITED STATES DISTRICT COURT
                                          DISTRICT OF UTAH


   UNITED STATES OF AMERICA,                         INDICTMENT

             Plaintiff,                              Counts 1-6: 18 U.S.C. § 1343, Wire Fraud

             vs.                                     Counts 7-10: 18 U.S.C. § 1957, Money
                                                     Laundering
   GIUSEPPE MIRENDA,

             Defendant.
                                                    Case: 2:22-cr-00246
                                                    Assigned To : Waddoups, Clark
                                                    Assign. Date: 7/6/2022
        The Grand Jury Charges:

                                          BACKGROUND

        At all times relevant to this Indictment:

        1.         Defendant Giuseppe Mirenda ("GIUSEPPE MIRENDA") was a resident of Salt

Lake County, Utah. GIUSEPPE MIRENDA was born in Italy but was a lawful permanent resident

of the United States.

        2.         Two of GIUSEPPE MIRENDA's relatives ("Relative 1" and "Relative 2"), were

Italian citizens and residents of Salt Lake County, Utah. But they were not lawful permanent

residents of the United States. Instead, they had overstayed their visas in January 2013, and failed

to leave the United States as required.

Ill

I II
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                          The Defendant's Italian Restaurant Business

        3.      After corning to America, GIUSEPPE MIRENDA, Relative 1, and Relative 2

started an Italian restaurant business in Utah.

        4.      To run this business, GIUSEPPE MIRENDA, Relative 1, and Relative 2 started

five restaurant companies, a restaurant management company, and five Italian restaurants. In 2020

and 2021, the restaurant companies were named and owned as identified below:

      Restaurant            Giuseppe Mirenda's              Relative 1's         Relative 2's
       Company                 Ownership%                  Ownership%           Ownership%
      Sicilia Mia 1               33.33%                     33.34%               33.33%
      Sicilia Mia 2               33.33%                     33.34%               33.33%
    Sicilia Mia LLC               33.33%                     33.34%                33.33%
   Antica Sicilia LLC             33.33%                     33.34%                33.33%
   Bella Sicilia LLC              33.33%                     33.34%                33.33%

        5.      GIUSEPPE MIRENDA's related restaurant management company was called

"Sicilia Restaurant Management." Its ownership was as follows:

     Restaurant          Giuseppe Mirenda's           Relative 1's Ownership     Relative 2's
  M2mt. Company             Ownership%                           %              Ownership%
  Sicilia Restaurant           33.33%                         33.34%              33.33%
    Management

        6.      From 2015 through 2020, together with Relative 1 and Relative 2, GIUSEPPE

MIRENDA jointly operated these restaurant businesses and five related Italian restaurants in the

District of Utah.

                    The COVID-19 Pandemic and the EIDL Loan Program

       7.      By March 2020, the COVID-19 pandemic had threatened the United States

economy. Across the United States, offices and restaurants began closing. In response, Congress

acted to keep small businesses afloat-ultimately spending over a trillion dollars to help protect

millions of workers and business owners from economic disruption caused by the pandemic.

       8.      To facilitate this economic rescue effort, on March 25, 2020, Congress passed the

Coronavirus Aid, Relief, and Economic Security Act, 15 U.S.C. § 9001 et seq. (the "CARES Act").




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 The CARES Act was designed to provide emergency financial assistance to millions of Americans

who were suffering the economic effects caused by the COVID-19 pandemic.

        9.      As part of the CARES Act, Congress authorized the US. Small Business

Association ("SBA") to provide Economic Injury Disaster Loans ("EIDL Loans") of up to $2

million to eligible small businesses experiencing substantial financial disruption due to the COVID-

 19 pandemic. In addition, the CARES Act authorized the SBA to issue advances ofup to $10,000

to small businesses within three days of applying for an EIDL Loan.

                      Required Certifications in EIDL Loan Applications

        10.     EIDL Loan applications were submitted directly to and processed by the SBA. Any

proceeds dispersed pursuant to an EIDL Loan were also dispersed directly by the SBA.

        11.     From March 2020 on, to obtain an EIDL Loan, a qualifying business had to submit

an application to the SBA and provide information about its business and ownership. Each EIDL

Loan applicant was required to certify under penalty of perjury that all the information in the loan

application was true and correct to the best of his or her knowledge.

        12.    This certified information included information about the borrower business's

operations, such as the number of its employees, its gross revenues for the 12-month period

preceding the disaster, and the cost of goods it sold in the 12-month period preceding the disaster.

        13.    From March 30, 2020 to May 4, 2020, each EIDL Loan applicant also had to list the

names and citizenship status of all persons who owned a percentage of the business for which the

EIDL Loan was being sought. From May 4, 2020 to June 30, 2020, this requirement was slightly

modified so that each EIDL Loan applicant had to list only the names and citizenship statuses of all

persons who owned at least 20% of the business for which the EIDL Loan was sought. In both time

frames, all EIDL Loan applicants were required to certify under penalty of perjury that all the

information they supplied about the ownership percentages of the borrower businesses and the

business owners' citizenship statuses was true and correct to the best of their knowledge.

Ill

Ill
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 On Its Website, and in Loan Documentation, the SBA Clarified the Limits on Use of EIDL

 Loan Proceeds, and Some of the Penalties fo:r False Statements in EIDL Loan Applications

                and Agreements, and for Any Misuse of EIDL Loan Proceeds

       14.     From March 30, 2020 through at least June 24, 2020, the SBA made clear on its

website that the SBA was offering EIDL Loans "for working capital to small businesses suffering

substantial economic injury as a result of the Coronavirus (COVID-19)," and that these loans were

intended "to help alleviate economic injury caused by the Coronavirus (COVID-19)." Coronavirus

(COVID-19) SBA Disaster Assistance in Response to the Coronavirus (posted on SBA website on

March 30, 2020 and May 4, 2020). During this same timeframe, the SBA further made it clear, that

EIDL Loan proceeds could be used only "to pay fixed debts, payroll, accounts payable and other

bills that [couldn't] be paid because of the [COVID-19] disaster's impact." Id Any applicant who

had any questions regarding the EIDL Loan program was directed to "contact the SBA disaster

assistance customer service center at 1-800-659-2955 . . . or [to] e-mail [the SBA at]

disastercustomerservice@sba.gov." Id SBA customer service representatives were available to

answer any questions an applicant might have about the EIDL Loan program.

       15.    From March 30, 2020 to at least June 24, 2020, all EIDL Loan Agreements also

included a specific provision entitled "USE OF LOAN PROCEEDS" which stated that:

              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 ....

(emphasis added).

       16.    From March 30, 2020 to at least June 24, 2020, EIDL Loan Agreements also

included a provision entitled "LIMITS ON DISTRIBUTION OF ASSETS" which stated:

              Borrower will not, without the prior written consent of SBA, make any

              distribution of Borrower's assets, or given any preferential treatment,

              make any advance, directly or indirectly, by way ofloan, gift, bonus, or

              otherwise, to any owner or partner or any of its employees, or to any
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                  company directly or indirectly controlling or affiliated with or controlled by

                  Borrower, or any other company.

(emphasis added).

         17.      From March 30, 2020 to at least June 24, 2020, EIDL Loan Agreements also

included a certification at the end of the Agreement that was signed by the Borrower and stated:

        The undersigned agree(s) to be bound by the terms and conditions herein during the

        terms 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.

(emphasis in original).

        18.       From March 30, 2020 to at least June 24, 2020, EIDL Loan Agreements also

included a provision entitled "CIVIL AND CRIMINAL PENAL TIES" that advised the Borrower

of civil and criminal penalties for misapplying proceeds from an EIDL Loan and for making false

statements on an EIDL Loan application.

                          THE SCHEME AND ARTIFICE TO DEFRAUD

        19.       Beginning in and around March 2020, and continuing through at least April 2022,

within the District of Utah and elsewhere, defendant GIUSEPPE MIRENDA knowingly devised

and executed a scheme and artifice to defraud and sought to obtain money and property by means

of materially false and fraudulent pretenses, representations and promises, and omissions of

material facts.

        20.       In executing and attempting to execute the scheme and artifice to defraud, and in

furtherance thereof, defendant GIUSEPPE MIRENDA:

                  a. Submitted six fraudulent EIDL Loan applications to the SBA between March

                     30, 2020 and June 24, 2020 that:


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                         1.   Deliberately omitted Relative 1 and Relative 2 as respective 33% owners

                              of each borrower company; and

                       11.    Deliberately omitted Relative 1 and Relative 2's disqualifying

                              citizenship status as unlawful permanent residents;

               b. Applied for and obtained $1,889,400 in EIDL Loan proceeds for his six

                   restaurant businesses even though he knew none of his businesses qualified to

                   receive any EIDL Loan proceeds;

               c. Made false certifications in six EIDL Loan Agreements between March 30, 2020

                   and June 24, 2020 that:

                        1.    He would use the EIDL Loan proceeds solely as working capital to

                              alleviate economic injury caused by [COVID-19-related] disaster

                              occurring in the month of January 31, 2020 and continuing thereafter;

                       11.    He would not, without the consent of the SBA, make any advance or gift

                              to an owner of any of the companies borrowing EIDL Loan funds; and

                      111.    He would be bound by the terms and conditions of the Loan Agreements

                              he signed under penalty of perjury; and

               d. Knowingly and willfully misused over $1.2 million of the EIDL Loan proceeds

                   to purchase (i) one house in West Jordan, Utah and another house in Las Vegas,

                   Nevada; (ii) two luxury cars; and (iii) over $39,000 in cryptocurrency.

      · 21.    It was the object of the scheme and artifice to defraud for defendant GIUSEPPE

MIRENDA to obtain money from the SBA in the form of EIDL Loan proceeds through false

statements, misrepresentation, deception, and omissions of material facts, and thereafter to divert

the money for his own use to make over $1.2 million in unauthorized purchases.

       22.     The :fraudulently obtained EIDL Loan proceeds were used by GIUSEPPE

MIRENDA for his own personal benefit, including:

               a. Purchasing a $610,204.85 house in West Jordan, Utah to use as a personal

                  residence for himself;
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                  b. Purchasing another $518,346.46 house in Las Vegas, Nevada for personal use;

                  c. Purchasing a Jaguar F-Pace SUV for $16,058;

                  d. Purchasing a BMW-M3 luxury car for $26,723; and

                  e. Purchasing over $39,000 in cryptocurrency from Robinhood and Coinbase.

        23.       It was further part of the scheme and artifice to defraud that GIUSEPPE MIRENDA

used wire transfers to move the EIDL Loan proceeds into accounts he created under his control and

to then wire the EIDL Loan proceeds to make his more than $1.2 million in unauthorized purchases

of houses, luxury vehicles, and cryptocurrency.

                                             COUNTS 1-6
                                            18 U.S.C. § 1343
                                              (Wire Fraud)

        24.       All of the factual allegations set forth above are incorporated herein by reference

and realleged as though fully set forth herein.

        25.       On or about the dates listed below, in the District of Utah, and elsewhere,

                                       GIUSSEPE MIRENDA,

defendant herein, having devised and intended to devise a scheme and artifice to defraud, and for

obtaining money and property by means of false and fraudulent pretenses, representations,

promises, and omissions of material facts, for the purpose of executing said scheme and artifice to

defraud, did cause to be transmitted by means of wire communication certain writings, signs and

signals, that is, an interstate wire, as represented below, each such use of wire communication being

a separate count of this Indictment:


COUNT          DATE        USE OF INTERSTATE                           DESCRIPTION
               (on or            WIRES
               about)
                          Electronic Submission of       Falsely certifying that GIUSEPPE
   I          3/20/2020   EIDL Loan Application to       MIRENDA was 100% owner of the business
                          SBA on behalf of Sicilia       and omitting from the loan application his
                          Mia 2 for $159,900             two 3 3% co-owners who were unlawful
                                                         permanent residents.


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Case 2:22-cr-00246-HCN           Document 1        Filed 07/06/22     PageID.8      Page 8 of 10




                          Electronic Submission of       Falsely certifying that GIUSEPPE
    2         3/20/2020   EIDL Loan Application to       MIRENDA was 100% owner of the business
                          SBA on behalf of Antica        and omitting from the loan application his
                          Sicilia for $389,900           two 33% co-owners who were unlawful
                                                         permanent residents.
                          Electronic Submission of       Falsely certifying that GIUSEPPE
    3         3/20/2020   EIDL Loan Application to       MIRENDA was 100% owner of the business
                          SBA on behalf of Sicilia       and omitting from the loan application his
                          Mia, LLC for $509,900         two 33% co-owners who were unlawful
                                                        permanent residents.
                          Electronic Submission of      Falsely certifying that GIUSEPPE
   4          3/20/2020   EIDL Loan Application to      MIRENDA was 100% owner of the business
                          SBA on behalf of Sicilia      and omitting from the loan application his
                          Mia 1 for $509,900            two 33% co-owners who were unlawful
                                                        permanent residents.
                          Electronic Submission of      Falsely certifying that GIUSEPPE
   5          6/16/2020   EIDL Loan Application to      MIRENDA was 100% owner of the business
                          SBA on behalf of Sicilia      and omitting from the loan application his
                          Restaurant Management         two 33% co-owners who were unlawful
                          for $159,900                  permanent residents.
                          Electronic Submission of      Falsely certifying that GIUSEPPE
   6          6/20/2020   EIDL Loan Application to      MIRENDA was 100% owner of the business
                          SBA on behalf of              and omitting from the loan application his
                          Bella Sicilia for $159,900    two 33% co-owners who were unlawful
                                                        permanent residents.


All in violation of 18 U.S.C. § 1343.

                                           COUNTS 7-10
                                         18 U.S.C. § 1957
                                        (Money Laundering)

        26.      All of the factual allegations set forth above are incorporated herein by reference

and realleged as though fully set forth herein.

        27.      On or about the dates enumerated in each count below, in the District of Utah, and

elsewhere,

                                     GIUSEPPE MIRENDA,
defendant herein, did knowingly engage and attempt to engage in the following monetary

transactions in criminally derived property of a value greater than $10,000, and was derived from




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the specified unlawful activity of Wire Fraud as alleged above, in instances including but not limited

to each count below:


 COUNT              DATE                         MONETARY TRANSACTION
                ( on or about)
                                 $610,204.85 transfer from Wells Fargo Account ending in 4529
     7           10/28/2020      to US Title Insurance Agency Escrow account ending in 04894
                                 (To purchase West Jordan house)
                                 $16,058.00 transfer from Wells Fargo Account ending in 4529 to
     8            2/4/2021       Autobidmaster LLC account ending in 7231
                                 (To purchase Jaguar F-Pace)
                                 $26,723.00 transfer from Wells Fargo Account ending in 4529 to
     9           2/12/2021       Autobidmaster LLC account ending in 6791
                                 (To purchase BMW M-3)
                                 $508,346.46 transfer from Wells Fargo Account ending in 6755
     10           8/6/2021       to Fidelity National Title Agency account ending in 24787
                                 (To purchase Las Vegas house)

All in violation of 18 U.S.C. § 1957(a).


                          NOTICE OF INTENT TO SEEK FORFEITURE

          Pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c), upon conviction of any

offense violating 18 U.S.C. § 1343, the defendant shall be forfeit to the United States of America

any property, real or personal, that constitutes or is derived from proceeds traceable to the scheme

to defraud. The property to be forfeited includes, but is not limited to:

          ■     $695,711.60 as proceeds from the sale of the property located .at 2448 West 683 0
                South, West Jordan, Utah 84084;
          ■     $598,225.79 as proceeds from the sale of the property located at 3179 Paintedhills
                Avenue, Las Vegas, NV 89120;
          ■     Proceeds from the sale of a 2017 Jaguar F-Pace;
          ■     Proceeds from the sale of a 2015 BMW M-3;
          ■     cryptocurrency purchased from Robinhood and Coinbase;
          ■     A money judgment equal to the value of any property not available for forfeiture as
                a result of any act or omission of the defendant for one or more of the reasons listed
                in 21 U.S.C. § 853(p); and
          ■     Substitute property as allowed by 18 U.S.C. § 982(b) and 21 U.S.C. § 853(p).




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         Pursuant to 18 U.S.C. § 982(a)(l), upon conviction of any offense in violation of 18 U.S.C.

 § 1957, the defendant shall forfeit to the United States of America any property, real or personal,

 involved in such violations, and any property traceable to such property. The property to be

 forfeited includes, but is not limited to:

         ■      $695,711.60 as proceeds from the sale of the property located at 2448 West 6830
                South, West Jordan, Utah 84084;
         ■      $598,225.79 as proceeds from the sale of the property located at 3179 Paintedhills
                Avenue, Las Vegas, NV 89120;
         ■      Proceeds from the sale of a 2017 Jaguar F-Pace;
         ■      Proceeds from the sale of a 2015 BMW M-3;
         ■      A money judgment equal to the value of any property not available for forfeiture as
                a result of any act or omission of the defendant for one or more of the reasons listed
                in 21 U.S.C. § 853(p); and
         ■      Substitute property as allowed by 18 U.S.C. § 982(b) and 21 U.S.C. § 853(p).


                                                     A TRUE BILL:




 TRINA A. HIGGINS
 United States Attorney


    Z-- __;;;;?--
 10DD C. BotfroN
 Assistant United States Attorney


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