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Information — United States v. Vinicius Santana (District of Massachusetts)

Summary

An Information in United States of America versus Vinicius Santana, Criminal No. 22cr10221, in the United States District Court for the District of Massachusetts, dated August 22, 2022. Count One charges wire fraud under 18 U.S.C. § 1343, based on a $2.5 million wire of PPP loan proceeds from Northeast Bank on or about May 11, 2020, and Count Two charges unlawful monetary transactions under 18 U.S.C. § 1957. The Information alleges that Santana's painting company, Complete Home Care LLC, had three PPP applications denied, then sought $2.5 million through Lendio claiming 154 employees, supported by an IRS Form 944 that falsely claimed $12,041,600 in 2019 wages. It alleges the proceeds were spent on cars, cryptocurrency and real estate, and is signed by Assistant U.S. Attorney Benjamin A. Saltzman.

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“Information — United States v. Vinicius Santana (District of Massachusetts).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/16-information-felony-as-to-vinicius-santana-1-count-s-1-2-atta-27a622b86d/, SHA-256 4c7e9df7feeefa9f4bcd43b6e95dd388a8441467ee81969d579e6ebd112e1d9f.

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       Case 1:22-cr-10221-FDS          Document 16           Filed 08/22/22    Page 1 of 11




                             UNITED STATES DISTRICT COURT
                              DISTRICT OF MASSACHUSETTS

                                                      )                    22cr10221
                                                          Criminal No.
     UNITED STATES OF AMERICA                         )
                                                      )   Violation:
                v.                                    )
                                                      )   Count One: Wire Fraud
     VINICIUS SANTANA                                 )   (18 U.S.C. § 1343)
                                                      )
                        Defendant                     )   Count Two: Unlawful Monetary Transactions
                                                      )   (18 U.S.C. § 1957)
                                                      )
                                                      )   Forfeiture Allegation:
                                                      )   (18 U.S.C. § 981(a)(1)(C) and
                                                      )
                                                          28 U.S.C. § 2461)
                                                      )
                                                      )
                                                      )   Money Laundering Forfeiture Allegation:
                                                      )   (18 U.S.C. § 982(a)(1))

                                         INFORMATION

       At all times relevant to this Information:

                                        General Allegations

       1.      Defendant VINICIUS SANTANA (“SANTANA”) lived in Massachusetts and

owned Complete Home Care LLC (“CHC”).

       2.      CHC was a Massachusetts painting company that SANTANA incorporated on or

about September 2, 2017.

       3.      Northeast Bank was a federally insured financial institution.

       4.      Lendio, Inc. (“Lendio”) was a company headquartered in Lehi, Utah that

specialized in facilitating small-business lending.

       5.      The United States Small Business Administration (“SBA”) was an agency of the

executive branch of the United States government. The mission of the SBA was to maintain and
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strengthen the nation’s economy by enabling the establishment and viability of small businesses

and by assisting in the economic recovery of communities after disasters. As part of this effort,

the SBA enabled and provided for loans, guaranteed by the government, through banks, credit

unions, and other lenders.

                                         The CARES Act

       The Paycheck Protection Program

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

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

Americans suffering the economic harm as a result of the COVID-19 pandemic. Among other

things, the CARES Act provided funding for forgivable loans to small businesses for job retention

and certain other expenses through the Paycheck Protection Program (“PPP”).

       7.      PPP loan proceeds were required to be used by small businesses on certain

permissible expenses, namely, payroll costs, interest on mortgages, rent, and utilities. The PPP

allowed the interest and principal on the PPP loan to be entirely forgiven if the business spent the

loan proceeds on these expenses within a designated period of time and used at least a minimum

amount of the PPP loan proceeds toward payroll expenses.

       8.      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 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. One such

certification required the applicant to affirm that “[t]he [PPP loan] funds w[ould] be used to retain

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


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payments.”     The applicant (through its authorized representative) was also required to

acknowledge that “I understand that if the funds are used for unauthorized purposes, the federal

government may pursue criminal fraud charges.” In the PPP loan application, the applicant was

also required to state, among other things, its (a) average monthly payroll expenses and (b) number

of employees. Lenders used these figures to calculate the amount of money the small business

was eligible to receive under the PPP. The applicant was also required to provide documentation

showing its payroll expenses.

       9.      Participating financial institutions, including Northeast Bank, received and

processed business’s PPP loan applications.       If a PPP loan application was approved, the

participating financial institution would fund the PPP loan using its own monies, which were

guaranteed by the SBA.

                                        Scheme to Defraud

       10.     Between April 2020 and September 2020, in the District of Massachusetts,

SANTANA devised a scheme to defraud and to fraudulently obtain pandemic relief funds by filing

false and fraudulent PPP loan applications on behalf of CHC.

       11.     As described below, SANTANA made four false and fraudulent PPP loan

applications. Three were denied, but the fourth loan application resulted in CHC receiving $2.5

million. SANTANA thereafter misused the loan proceeds to buy cars and real estate, invest in

cryptocurrency, and send money to individuals and companies that were not connected to CHC’s

payroll, utilities, rent, or mortgage payments.

       A.      The Failed CHC PPP Applications

       12.     Between approximately April 10, 2020 and April 26, 2020, SANTANA submitted


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three unsuccessful PPP applications on behalf of CHC to Lendio, which connected small

businesses with financial institutions participating in the PPP.

       13.     The three applications, which sought between $25,000 and $45,000, claimed that

CHC had five employees and between $10,000 and $18,000 in average monthly payroll. In support

of these applications, SANTANA submitted tax documents showing $88,577 in gross receipts

from an unrelated business—a document that did not support the $120,000 to $216,000 in annual

payroll cost that CHC claimed in the application.

       14.     Participating lenders denied all three applications.

       B.      The Funded CHC PPP Loan

       15.     On or about April 26, 2020, SANTANA submitted a fourth PPP loan application

on CHC’s behalf through Lendio, to Northeast Bank. SANTANA sought $2.5 million, a loan at

least 50 times larger than the three earlier loans.

       16.     In the fourth application, SANTANA claimed that CHC had 154 employees and an

average monthly payroll of $1,000,000. As with the loan amount, the number of employees and

the claimed average monthly payroll dwarfed the figures in CHC’s three applications earlier that

month. SANTANA identified the “purpose of the loan” as “Payroll,” “Lease / Mortgage Interest,”

and “Utilities.”

       17.     SANTANA supported the fourth application with an IRS Form 944, a tax document

that purported to reflect CHC’s wages and federal payroll tax information for 2019. The form, which

bore SANTANA’s signature but had not been filed with the IRS, falsely claimed that CHC paid

$12,041,600 in wages, tips, and other compensation in 2019.




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       18.     On or about May 11, 2020, in reliance on SANTANA’s statements, Northeast Bank

approved CHC’s application and wired $2,500,000 to a CHC account numbered xxxx9926 at the

East Boston Savings Bank (“the EBSB Account”).

       C.      SANTANA’s Misuse of the Proceeds

       19.     As described below, SANTANA spent the PPP funds on personal expenses, such

as cars, cryptocurrency, and real estate. He also sent money to businesses and individuals that

were not related to CHC.

       20.     On July 2, 2020, SANTANA used $29,471 from the EBSB Account to purchase a

2019 Toyota Highlander.

       21.     On July 25, 2020, SANTANA used $90,000 from the EBSB Account to purchase

an Audi luxury coupe.

       22.     Between September 4 and September 14, 2020, SANTANA wired $900,000 from

the EBSB Account to an account at Kraken (a cryptocurrency exchange) that he opened on or

about September 4, 2020.

       23.     On December 29, 2020, SANTANA sent a $407,587.60 bank check from the EBSB

account to a law office for the purchase of a residential property in Lowell, Massachusetts.




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

       The United States Attorney charges:

       24.     The United States Attorney re-alleges and incorporates by reference paragraphs 1

through 23 of this Information.

       25.     On or about May 11, 2020, in the District of Massachusetts and elsewhere, the

defendant,

                                    VINICIUS SANTANA,

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, to wit, a $2.5 million wire of PPP loan proceeds from Northeast Bank to CHC’s EBSB

Account.


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




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                                          COUNT TWO
                                  Unlawful Monetary Transactions
                                       (18 U.S.C. § 1957)

       The United States Attorney further charges:

       26.     The United States Attorney re-alleges and incorporates by reference paragraphs 1

through 23 of this Information.

       27.     On or about July 25, 2020, in the District of Massachusetts and elsewhere, the

defendant,

                                      VINICIUS SANTANA,

knowingly engaged and attempted to engage in a monetary transaction in criminally derived

property of a value greater than $10,000, specifically, the purchase of a $90,000 bank check

payable to Audi of Burlington, where such property was derived from specified unlawful activity,

that is, wire fraud, in violation of Title 18, United States Code, Section 1343.

       All in violation of Title 18, United States Code, Section 1957.




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

        The United States Attorney further alleges:

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

1343, set forth in Count One, the defendant,

                                      VINICIUS SANTANA

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 assets:

               a. The property at 54-58 Willow Street, Lowell, Massachusetts 01852; and

               b. $2,500,000, to be entered in the form of an Order of Forfeiture (Money
                  Judgment).

       29.     If any of the property described in Paragraph 28, 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;




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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 28 above.

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

States Code, Section 2461(c).




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                   MONEY LAUNDERING FORFEITURE ALLEGATION
                             (18 U.S.C. § 982(a)(1))

       The United States Attorney further alleges:

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

1957, set forth in Count Two, the defendant,

                                     VINICIUS SANTANA,

shall forfeit to the United States, pursuant to Title 18, United States Code, Section 982(a)(1),

any property, real or personal, involved in such offense, and any property traceable to such

property. The property to be forfeited includes, but is not limited to, the following assets:

               a. The property at 54-58 Willow Street, Lowell, Massachusetts 01852; and

               b. $2,500,000, to be entered in the form of an Order of Forfeiture (Money
                  Judgment).

       31.     If any of the property described in Paragraph 30, above, as being forfeitable

pursuant to Title 18, United States Code, Section 982(a)(1), 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;




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it is the intention of the United States, pursuant to Title 18, United States Code, Section 982(b),

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 30 above.

       All pursuant to Title 18, United States Code, Section 982(a)(1).



                                                     RACHAEL S. ROLLINS
                                                     United States Attorney

                                              By:    /s/ Benjamin A. Saltzman
                                                     Mackenzie A. Queenin
                                                     Benjamin A. Saltzman
                                                     Assistant U.S. Attorneys


Date: August 22, 2022




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