Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-
-
-
-
-
-
-
-
-
-
-
-
-
-
X
UNITED STATES OF AMERICA
-
v. -
INDICTMENT
RAFAEL MARTINEZ ,
22 Cr .
Defendant .
x22 CRIM 25
COUNT ONE
(Wire Fraud)
The Grand Jury charges :
1 .
From in or about April 2020 through at least in or
about February 2022 , in the Southern District of New York and
elsewhere , RAFAEL MARTINEZ , the defendant , willfully and
knowingly , having devised and intending to devise a scheme and
artifice to defraud , and for obtaining money and property by
means of false and fraudulent pretenses , representations , and
promises , transmitted and caused to be transmitted by means of
wire , radio , and television communication in interstate and
foreign commerce , writings , signs , signals , pictures , and
sounds , for the purpose of executing such scheme and artifice ,
which affected a financial institution , to wit , MARTINEZ used
false and fraudulent pretenses , representations , and documents
to fraudulently obtain the approval of the United States Small
Business Administration (the "SBA" ) for his company , MBE Capital
Partners , LLC ("MBE" ) , to be a non-bank lender through the
Case 1:22-cr-00251-LJL Document 18 Filed 05/02/22 Page 1 of 7
Paycheck Protection Program (the " PPP" ) , and then MARTINEZ used
that approval to obtain millions of dollars in capital to issue
PPP loans and earn lender fees .
(Title 18 , United States Code , Sections 1343 and 2 . )
COUNT TWO
(Making False Statements to the SBA)
The Grand Jury further charges :
2 .
From at least in or about April 2020 through at least
in or about February 2022 , in the Southern District of New York
and elsewhere , RAFAEL MARTINEZ , the defendant , knowingly and
willfully made a false statement , knowing such statement to be
false , for the purpose of obtaining a loan , and extens i on
thereof by renewal , deferment of action , and otherwise , and the
acceptance , re l ease , and substitution of security therefor , for
himself and an appl icant , influencing in any way the action of
the SBA, and obtaining money , property , and anything of value ,
under Chapter 14 of Title 15 of the United States Code , to wit ,
MARTINEZ made false statements to the SBA regarding , among other
things , the audited financial statements o f MBE , for the purpose
of obtaining the approval of the SBA for MBE to be a non- bank
lender through the PPP .
(Title 15 , United States Code , Sections 645(a) , and Title 18 ,
United States Code , Section 2 . )
2
Case 1:22-cr-00251-LJL Document 18 Filed 05/02/22 Page 2 of 7
COUNT THREE
(Bank Fraud)
The Grand Jury further charges :
3 .
From at least in or about April 2020 through at least
in or about September 2021 , in the Southern District of New York
and elsewhere , RAFAEL MARTINEZ , the defendant , willfully and
knowingly executed , and attempted to execute , a scheme and
artifice to defraud a financial institution , the deposits of
which were insured by the Federal Deposit Insurance Corporation
(" FDIC" ) , and to obtain moneys , funds , credits , assets ,
securities , and other property owned by , and under the custody
and control of , such financial institution , by means of false
and fraudu l ent pretenses , representations and promises , to wit ,
MARTINEZ engaged in a scheme to obtain a Government - guaranteed
loan for MBE through the PPP from an FDIC- insured bank by means
of false and fraudulent pretenses , representations , and
documents .
(Title 18 , United States Code , Sections 1344 and 2 . )
COUNT FOUR
(Making False Statements to a Bank)
The Grand Jury fu r ther charges :
4 .
From at least in or about April 2020 through at least
in or about September 2021 , in the Southern District of New York
and elsewhere , RAFAEL MART I NEZ , the defendant , knowingly made
false statements and reports , and willfully overvalued land ,
3
Case 1:22-cr-00251-LJL Document 18 Filed 05/02/22 Page 3 of 7
property , and security , for the purpose of influencing the
actions of a financial institution , the accounts of which were
insured by the FDIC , in connection with an appl i cation , advance ,
discount , purchase , purchase agreement , repurchase agreement ,
commitment , loan , and insurance agreement and application for
insurance and a guarantee , and charge and extension of any of
the same , by renewal , deferment of action and otherwise , and the
acceptance , release , and substitution of security therefor , to
wit , MARTINEZ made false statements to an FDIC- insured bank
regarding , among other things , the number of employees of MBE
and the wages paid to MBE employees , for the purpose of
obtaining a Government - guaranteed loan for MBE through the PPP .
(Title 18 , United States Code , Sections 1014 and 2 . )
COUNT FIVE
(Aggravated Identity Theft)
The Grand Jury further charges :
5.
From at least in or about April 2020 through at least
in or about September 2021 , RAFAEL MARTINEZ , the defendant ,
knowingly did transfer , possess , and use , without lawful
authority , a means of identification of another person , during
and in relation to a felony violation enumerated in Title 18 ,
United States Code , Section 1028A(c) , to wit , MARTINEZ used the
name and identity of another person , specifically , a tax
preparer , in connection with the submission of a fraudulent loan
application and supporting documentation to at least one
4
Case 1:22-cr-00251-LJL Document 18 Filed 05/02/22 Page 4 of 7
financial institution during and in relation to the bank fraud
and false statement charges in Counts Three and Four of this
Indictment .
(Title 18 , United States Code , Sections 1028A(a ) (1) ,
(b)
&
( c) ( 4 ) - ( 5) , and 2 . )
FORFEITURE ALLEGATIONS
6 .
As the result of committing the offenses charged in
Counts One , Three , and Four of this Indictment , RAFAEL MARTINEZ ,
the defendant , shall forfeit to the United States , pursuant to
Title 18 , United States Code , Section 982 (a) (2) (A) , any and all
property constituting , or derived from , proceeds obtained
directly or indirectly , as a result of the commission of said
offenses , including but not limited to a sum of money in United
States currency representing the amount of proceeds traceable to
the commission of said offenses .
Substitute Assets Provision
7 .
If any of the above - described forfeitable property , 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 person ;
c .
has been placed beyond the jurisdiction of the
Court ;
d .
has been substantially diminished in value ; or
5
Case 1:22-cr-00251-LJL Document 18 Filed 05/02/22 Page 5 of 7
e .
has been commingled with other property which
cannot be subdivided without difficulty ;
it is the intent of the United States , pursuant to Title 21 ,
United States Code , Section 853(p) , and Title 28 , United States
Code , Section 2461 , to seek forfeiture of any other property of
the defendant up to the value of the forfeitable property
described above .
(Title 18 , United States Code , Section 982 ;
Title 21 , United States Code , Section 853 ; and
Title 28 , United States Code , Section 2461 . )
FOREPERSON
DAMIAN WILLIAMS
United States Attorney
6
Case 1:22-cr-00251-LJL Document 18 Filed 05/02/22 Page 6 of 7
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
v .
RAFAEL MARTINEZ,
Defendant.
INDICTMENT
22 Cr .
(15 U.S.C . § 645(a) ; 18 U. S . C. §§ 1014 ,
1028A, 1343 , and 1344 . )
DAMIAN WILLIAMS
United States Attorney
Foreperson
Case 1:22-cr-00251-LJL Document 18 Filed 05/02/22 Page 7 of 7