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).”
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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
Case 2:22-cr-00246-HCN Document 1 Filed 07/06/22 PageID.2 Page 2 of 10
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
4
Case 2:22-cr-00246-HCN Document 1 Filed 07/06/22 PageID.5 Page 5 of 10
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:
5
Case 2:22-cr-00246-HCN Document 1 Filed 07/06/22 PageID.6 Page 6 of 10
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;
6
Case 2:22-cr-00246-HCN Document 1 Filed 07/06/22 PageID.7 Page 7 of 10
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.
7
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
8
Case 2:22-cr-00246-HCN Document 1 Filed 07/06/22 PageID.9 Page 9 of 10
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).
9
Case 2:22-cr-00246-HCN Document 1 Filed 07/06/22 PageID.10 Page 10 of 10
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
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10DD C. BotfroN
Assistant United States Attorney
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