Pandemic Darlings The pandemic economy, in original documents
Home Source documents Information — United States v. Loc Vo (District of Massachusetts)

Information — United States v. Loc Vo (District of Massachusetts)

Summary

An Information in United States of America versus Loc Vo, Criminal No. 22cr10286, in the United States District Court for the District of Massachusetts, dated November 17, 2022. Count One charges wire fraud under 18 U.S.C. § 1343, based on the April 2, 2020 submission of an EIDL application for Smart Gourmet LLC to an SBA server in Iowa. The Information alleges that Vo submitted COVID-19-related loan applications to the SBA and Bank of America for Smart Gourmet and Indy Publish Inc., moved the money to E-Trade and Robinhood accounts to invest in the stock market, and obtained more than $1.5 million in loan proceeds not used for business purposes. It seeks forfeiture including $1,526,606 as a forfeiture money judgment, and is signed by Assistant United States Attorney Benjamin A. Saltzman.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Information — United States v. Loc Vo (District of Massachusetts).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/14-information-felony-as-to-loc-vo-1-count-s-1-attachments-1-js-f852ba7fb8/, SHA-256 3c7743a8f2710c52778c4478469b10ac191a4a00d68f1431752e7f462aa43ac6.

Full text

      Case 1:22-cr-10286-WGY           Document 14           Filed 11/17/22     Page 1 of 12




                            UNITED STATES DISTRICT COURT
                             DISTRICT OF MASSACHUSETTS

                                                      )                   22cr10286
                                                          Criminal No.
     UNITED STATES OF AMERICA                         )
                                                      )   Violation:
               v.                                     )
                                                      )   Count One: Wire Fraud
     LOC VO,                                          )   (18 U.S.C. § 1343)
                                                      )
                       Defendant                      )   Forfeiture Allegation:
                                                      )   (18 U.S.C. § 981(a)(1)(C) and
                                                      )   28 U.S.C. § 2461(c))
                                                      )

                                        INFORMATION

     At all times relevant to this Information:

                                       General Allegations

       1.     Defendant LOC VO (“VO”) lived in Massachusetts.

       2.     VO owned Smart Gourmet LLC (“Smart Gourmet”), a food services business

located in Brighton, Massachusetts.

       3.     VO controlled a business checking account in the name of Smart Gourmet at Bank

of America (the “Smart Gourmet Account”).

       4.     VO owned Indy Publish Inc. (“Indy Publish”), a defunct book publishing business.

       5.     VO controlled a business checking account in the name of Indy Publish at Bank of

America (the “Indy Publish Account”).

       6.     VO controlled investment accounts at E-Trade (the “E-Trade Account”) and

Robinhood (the “Robinhood Account”).




                                                  1
       Case 1:22-cr-10286-WGY            Document 14        Filed 11/17/22      Page 2 of 12




       The Paycheck Protection Program

       7.      The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal

law enacted in or about March 2020 that was designed to provide emergency financial assistance

to Americans suffering economic harm as a result of the COVID-19 pandemic. The CARES Act

authorized the issuance of United States taxpayer funds in forgivable loans to small businesses,

for job retention and certain other expenses, through a program referred to as the Paycheck

Protection Program (“PPP”). The PPP permitted borrowing businesses to use loan proceeds to pay

only certain expenses: payroll costs, interest on mortgages, rent, and utilities.

       8.      In order to obtain a PPP loan, a qualifying business was required to submit a PPP

loan application signed by an authorized representative of the business. The PPP loan application

required the applicant business (through its authorized representative) to acknowledge the program

rules and make certain affirmative certifications in order to be eligible to obtain the PPP loan.

These certifications required the applicant to affirm that “The [PPP loan] funds will be used to

retain workers and maintain payroll or make mortgage interest payments, lease payments, and

utility payments,” and that the “loan proceeds will be used only for business-related purposes as

specified in the loan application” and consistent with the PPP rules. The authorized representative

of the applicant was also required to certify that “the information provided in this application and

the information provided in all supporting documents and forms is true and accurate in material

respects,” and “I understand that if the funds are knowingly used for unauthorized purposes, the

federal government may hold me legally liable, such as for charges of fraud.”

       9.      The PPP loan application required the applicant to state, among other things, the

business’ average monthly payroll expenses and number of employees, which the PPP used to


                                                  2
       Case 1:22-cr-10286-WGY           Document 14       Filed 11/17/22      Page 3 of 12




calculate the amount of money the small business was eligible to receive. The application also

required the applicant to provide documentation showing the business’ payroll expenses.

       10.     A participating lender approved by the Small Business Administration (“SBA”)

received and processed a small business’ PPP loan application. If the lender approved the PPP

loan application, it would fund the PPP loan using its own monies, which were guaranteed by the

SBA.

       The Economic Injury Disaster Loan Program

       11.     The Economic Injury Disaster Loan (“EIDL”) program was an SBA program that

provided low-interest financing to small businesses, renters, and homeowners in regions affected

by declared disasters. The CARES Act authorized the SBA to provide both EIDLs and $10,000

advances that did not need to be repaid to eligible small businesses experiencing substantial

financial disruption due to the COVID-19 pandemic.

       12.     In order to obtain an EIDL, a qualifying small business had to submit an application

to the SBA that provided information about its operations, such as its number of employees, its

gross revenues for the 12-month period preceding the disaster, and its cost of goods sold in the 12-

month period preceding the disaster. In the case of EIDLs for COVID-19 relief, the 12-month

period ran from January 31, 2019 to January 31, 2020. The applicant also had to certify that all of

the information in the application was true and correct to the best of the applicant’s knowledge.

       13.     Applicants submitted EIDL applications directly to the SBA. The SBA determined

the amount of the loan, if approved, based in part on the information provided by the applicant

about its employment, revenue, and costs of goods, as described above. The SBA issued EIDL

funds directly to the borrower. The EIDL funds could be used for payroll expense, sick leave,


                                                 3
      Case 1:22-cr-10286-WGY             Document 14        Filed 11/17/22     Page 4 of 12




production costs, and business obligations, such as debts, rent, and mortgage payments. If the

applicant also obtained a PPP loan, the EIDL proceeds could also be used for the same purpose as

the PPP funds.

       Restaurant Revitalization Fund Program

       14.       The American Rescue Plan Act established the Restaurant Revitalization Fund

(“RRF”) to provide funding to help restaurants and other eligible businesses, such as food stands,

food trucks, food carts, and others, stay open during the COVID-19 pandemic. The SBA

administered and funded the RRF. The RRF provided businesses with funding equal to their

pandemic-related revenue loss, up to $10 million per business and more than $5 million per

physical location. Recipients were not required to repay funding if the funds were used for eligible

uses no later than March 11, 2023.

       15.       In order to apply for an RRF loan, eligible participants had to provide verification

of tax information, such as an IRS Form 4506-T, as well as documentation of gross receipts, such

as, among other things, business tax returns or bank statements.

       16.       Pursuant to the program rules, RRF loan recipients could only use the funds for the

following business expenses: payroll costs, payments on any mortgage obligations, rent payments,

debt service, utility payments, maintenance expense, construction of outdoor seating, supplies,

food and beverage expenses, supplier costs, and operating expenses.

                                The Scheme and Artifice to Defraud

       17.       Beginning in or about April 2020 and continuing through in or about July 2021, in

the District of Massachusetts and elsewhere, VO knowingly and with intent to defraud, devised,

participated in, executed, and attempted to execute a scheme to defraud the SBA, Bank of America,


                                                  4
      Case 1:22-cr-10286-WGY             Document 14     Filed 11/17/22      Page 5 of 12




and others as to material matters, and to obtain money and property owned by and in the custody

of and control of the SBA, Bank of America and others by means of material false and fraudulent

pretenses, representations, and promises, and the concealment of material facts.

       18.     The scheme and artifice to defraud worked as follows:

               a.     VO submitted COVID-19-related loan applications to the SBA and Bank of

America and certified that, among other things, he would use the funds for business purposes.

               b.     After receiving the funds, VO immediately transferred the money to either

his E-Trade Account or his Robinhood Account and used the funds to invest in the stock market.

               c.     In this fashion, VO obtained more than $1.5 million in loan proceeds that

he did not use for business purposes.

                              EIDL Application – Smart Gourmet

       19.     On or about April 2, 2020, VO applied to the SBA for an EIDL on behalf of

Smart Gourmet.

       20.     VO represented that Smart Gourmet’s gross revenues and costs of goods sold for

the twelve months prior to January 31, 2020 totaled $1,568,188 and $479,775, respectively.

       21.     On or about June 29, 2020, VO signed an EIDL funding agreement with the SBA.

Among other things, VO agreed to “use all proceeds of this Loan solely as working capital to

alleviate economic injury caused by the disaster occurring in the month of January 31, 2020.”

       22.     On or about July 1, 2020, in reliance on VO’s material, false, and fraudulent

statements, SBA wired $149,900 in EIDL funds to the Smart Gourmet Account, which before

the wire had a balance of only $4,000.




                                                5
      Case 1:22-cr-10286-WGY            Document 14       Filed 11/17/22      Page 6 of 12




       23.     On or about July 3, 2020, VO wired $100,000 from the Smart Gourmet Account

to his E-Trade Account.

       24.     On or about July 6, 2020, VO wired $43,000 from the Smart Gourmet Account to

his E-Trade Account.

       25.     On or about July 6, 2020, VO used more than $115,000 from the E-Trade

Account to purchases shares in a biotechnology company.

                       PPP Applications—Smart Gourmet and Indy Publish

       The First Smart Gourmet PPP Application

       26.     On or about April 4, 2020, VO submitted a PPP application on behalf of Smart

Gourmet to Bank of America (the “Smart Gourmet PPP Application”). VO requested a

$144,502 PPP loan, listing 22 employees and average monthly payroll of $57,801.

       27.     VO represented that the purpose of the loan was “payroll,” “rent/mortgage

interest,” and “utilities.” He certified that he would use the loan proceeds “only for business-

related purposes”.

       28.     On or about May 1, 2020, in reliance on VO’s material, false and fraudulent

statements, Bank of America approved and funded the Smart Gourmet PPP Application. Bank

of America deposited $144,502 into the Smart Gourmet Account, which before the transaction

had a balance of only $7,531.86.

       29.     On or about May 5, 2020, VO wired $100,000 from the Smart Gourmet Account

to his E-Trade Account.

       30.     On or about May 5, 2020, VO used more than $150,000 from the E-Trade

Account to purchase shares in an internet marketplace company.


                                                 6
      Case 1:22-cr-10286-WGY            Document 14        Filed 11/17/22      Page 7 of 12




       31.     On or about May 6, 2020, VO wired $28,000 from the Smart Gourmet Account to

his E-Trade Account.

       The Second Smart Gourmet PPP Application

       32.     On or about February 3, 2021, VO submitted a second PPP application on behalf

of Smart Gourmet to Bank of America (the “Second Smart Gourmet PPP Application”). VO

requested a $148,000 loan, listing 22 total employees and a monthly payroll of $54,602.

       33.     VO again represented that the purpose of the loan was to make payments pursuant

to the PPP regulations, such as “payroll,” “rent/mortgage interest,” and “utilities.”

       34.     On or about February 5, 2021, in reliance on VO’s material, false, and fraudulent

statements, Bank of America approved the Second Smart Gourmet PPP Application. That day,

Bank of America deposited $148,000 into the Smart Gourmet Account, which before the

transaction had a balance of only approximately $7,500.

       35.     On or about February 9, 2021, VO wired $100,000 from the Smart Gourmet

Account to his E-Trade Account.

       36.     On or about February 11, 2021, VO wired $30,000 from the Smart Gourmet

Account to his E-Trade Account.

       37.     Between on or about February 11, 2021 and February 12, 2021, VO used more

than $70,000 from the E-Trade Account to purchase shares in an electric car manufacturer.

       The Indy Publish PPP Application

       38.     On or about April 22, 2021, VO submitted a PPP application for Indy Publish to

Bank of America (the “Indy Publish PPP Application”). VO requested a $106,673 loan, listing

14 employees and $42,669 in monthly payroll.


                                                 7
      Case 1:22-cr-10286-WGY            Document 14        Filed 11/17/22        Page 8 of 12




       39.     VO represented that the purpose of the loan was to make payments pursuant to the

PPP regulations, such as “payroll,” “rent/mortgage interest,” and “utilities.”

       40.     VO also represented on the PPP application that he did not own any other

business. He did not disclose his ownership of Smart Gourmet.

       41.     On or about May 12, 2021, in reliance on VO’s material, false, and fraudulent

statements, Bank of America approved the Indy Publish PPP Application. That day, Bank of

America deposited $106,673 into the Indy Publish Account, which before the transaction had a

balance of only approximately $5,760.

       42.     On or about May 13, 2021, the day after receiving the Indy Publish PPP funds,

VO wired $90,000 from the Indy Publish Account to his E-Trade Account.

       43.     On or about May 19, 2021, VO transferred $19,000 from the Indy Publish

Account to the Smart Gourmet Account.

       44.     On or about May 20, 2021, VO used more than $2,400 from the E-Trade Account

to purchase shares in a gaming company.

                                         RRF Application

       The Smart Gourmet RRF Application

       45.     On or about May 3, 2021, VO submitted an RRF application on behalf of Smart

Gourmet (the “Smart Gourmet RRF Application”). In support of his application for a $967,531

RRF loan, VO represented that Smart Gourmet had gross receipts of $1,555,671 in 2019.

       46.     VO certified that he “would use all funds only on eligible uses.”




                                                 8
      Case 1:22-cr-10286-WGY          Document 14      Filed 11/17/22     Page 9 of 12




       47.    On or about May 24, 2021, in reliance on VO’s material, false, and fraudulent

statements, SBA approved the application. That day, SBA wired $967,531 into the Smart

Gourmet Account, which before the transaction had a balance of only approximately $8,486.97.

       48.    Between May 24, 2021, and July 2, 2021, VO made the following wire transfers

from the Smart Gourmet Account:

      Approximate Date                     Amount                         Recipient

         May 25, 2021                     $100,000                    E-Trade Account
         May 25, 2021                      $49,000                   Robinhood Account
         May 28, 2021                      $85,000                    E-Trade Account
         June 1, 2021                      $90,000                    E-Trade Account
         June 4, 2021                      $98,000                    E-Trade Account
         June 7, 2021                      $97,000                    E-Trade Account
         June 9, 2021                      $95,000                    E-Trade Account
         June 10, 2021                     $99,000                    E-Trade Account
         June 14, 2021                     $89,000                    E-Trade Account
         June 23, 2021                     $30,000                    E-Trade Account
         June 23, 2021                     $25,000                   Robinhood Account
         July 2, 2021                      $55,000                    E-Trade Account
             TOTAL                        $912,000



       49.    Between on or about June 1, 2021 and July 2, 2021, VO used the funds in his E-

Trade Account to purchase shares of several different companies. For example, between on or

about June 1, 2021 and June 16, 2021, VO purchased more than $480,000 worth of shares in a

financial services and digital payments company.




                                              9
      Case 1:22-cr-10286-WGY           Document 14      Filed 11/17/22      Page 10 of 12




                                          COUNT ONE
                                            Wire Fraud
                                        (18 U.S.C. § 1343)

       The United States Attorney charges:

       50.     The United States re-alleges and incorporates by reference paragraphs 1 to 49 of

this Information.

       51.     Between on or about April 2020 and July 2021, in the District of Massachusetts

and elsewhere, the defendant,

                                            LOC VO,

having devised and intending to devise a scheme and artifice to defraud, and for obtaining money

and property by means of materially false and fraudulent pretenses, representations, and promises,

did transmit and cause to be transmitted by means of wire communications in interstate and foreign

commerce, writings, signs, signals, pictures, and sounds for the purpose of executing the scheme

to defraud, as set forth below:

       Count        Approximate                           Description
                       Date
         1          April 2, 2020   Submission of EIDL Application for Smart Gourmet from
                                    Massachusetts to an SBA server in Iowa


       All in violation of Title 18, United State Code, Section 1343.




                                               10
      Case 1:22-cr-10286-WGY           Document 14        Filed 11/17/22      Page 11 of 12




                                FORFEITURE ALLEGATION
                       (18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c))

       The United States Attorney further alleges:

       52.      Upon conviction of the offense in violation of Title 18, United States Code,

Section 1343, set forth in Count One, the defendant,

                                             LOC VO,

shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C),

and Title 28, United States Code, Section 2461(c), any property, real or personal, which

constitutes or is derived from proceeds traceable to the offense. The property to be forfeited

includes, but is not limited to, the following asset:

               a. $1,526,606, to be entered in the form of a forfeiture money judgment.

       53.       If any of the property described in Paragraph 52, above, as being forfeitable

pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code,

Section 2461(c), as a result of any act or omission of the defendant --

               a. cannot be located upon the exercise of due diligence;

               b. has been transferred or sold to, or deposited with, a third party;

               c. has been placed beyond the jurisdiction of the Court;

               d. has been substantially diminished in value; or

               e. has been commingled with other property which cannot be divided without
                  difficulty;

it is the intention of the United States, pursuant to Title 28, United States Code, Section 2461(c),

incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of any other

property of the defendant up to the value of the property described in Paragraph 52 above.

                                                 11
     Case 1:22-cr-10286-WGY           Document 14       Filed 11/17/22     Page 12 of 12




       All pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United

States Code, Section 2461(c).



                                             RACHAEL S. ROLLINS
                                             UNITED STATES ATTORNEY


                                       By: /s/ Benjamin A. Saltzman
                                           BENJAMIN A. SALTZMAN
                                           ASSISTANT UNITED STATES ATTORNEY
                                           DISTRICT OF MASSACHUSETTS

DATE: November 17, 2022




                                               12


File and source

File
14-information-felony-as-to-loc-vo-1-count-s-1-attachments-1-js.pdf
Size
239,459 bytes
SHA-256
3c7743a8f2710c52778c4478469b10ac191a4a00d68f1431752e7f462aa43ac6
Our copy
14-information-felony-as-to-loc-vo-1-count-s-1-attachments-1-js.pdf
Original
No public link identified.
Back to top