Pandemic Darlings The pandemic economy, in original documents
Home Source documents Plea Agreement, Jeanty Cherilus, Case No. 8:24-cr-409-MSS-SPF

Plea Agreement, Jeanty Cherilus, Case No. 8:24-cr-409-MSS-SPF

Summary

Plea agreement in United States of America v. Jeanty Cherilus, Case No. 8:24-cr-409-MSS-SPF, United States District Court for the Middle District of Florida, filed January 7, 2025 as Document 24. Cherilus agrees to plead guilty to Counts Two and Three of the Indictment, which charge wire fraud in violation of 18 U.S.C. § 1343, and Counts One, Four and Five are to be dismissed at sentencing. The agreement provides for full restitution of at least $396,974 to the U.S. Small Business Administration, cooperation with the United States, and forfeiture of the $370,000 in proceeds the defendant admits obtaining. The factual basis states that the defendant made false and fraudulent representations in at least three PPP applications, and that the proceeds acquired totaled at least $370,000.

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

“Plea Agreement, Jeanty Cherilus, Case No. 8:24-cr-409-MSS-SPF.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/24-plea-agreement-7579a3ff7b/, SHA-256 74b5d9a69b8182486a7da702966ede0ed23c4544ecb8c520a84637c485af7477.

Full text

Case 8:24-cr-00409-MSS-SPF           Document 24    Filed 01/07/25     Page 1 of 21 PageID 73




    AFtL'iVfotSU\l

                           UNITED STATES DISTRICT COURT
                                                                      Chief Initials
                                                                                       %
                            MIDDLE DISTRICT OF FLORIDA
                                  TAMPADIVISION

    UNITED STATES OF AMERICA

                                                   CASE NO. 8:24-cr-409-MSS-SPF

    JEANTYCHERILUS


                                     PLEAAGREEMENT

           Pulsuant to Fed. R. Crim. P. 1l(c), the United States of Amedca, by Roger B.

    Handberg, United States Afforney for the Middle District of Florida, and the

    defendant, Jeanty Cherilus, and the attomey for the defendant, Mr. Nicholas G.

    Matassini, mutually agrce as follows:

          A.     Particularized Tems

           1.    Counts Pleading To

                 The defendant shall enter a plea of guilty to Counts Two and Three of

    the Indicfinent. Counts Two and Three charge the defendant with wire fraud, in

    violation of 18 U.S.C. $ 1343.

          2.     Maximum Penalties

                 Counts Two and Three each cany a maximum sentence of20 years of

    imprisonment, a fine of up to $250,000, a term of supervised release of not more than

    three years, and a special assessment of$100. With respect to certain offenses, the

    Court shall order the defendant to make restitution to any victim of the ofienses, and




    Defendant's lniuas   JC
Case 8:24-cr-00409-MSS-SPF         Document 24       Filed 01/07/25     Page 2 of 21 PageID 74




    with respect to other offenses, the Court may order the defendant to make restitution

    to any victim of tlle offenses, or to the community, as set forth below.

           3.     Elements of the Offenses

                  The defendant acknowledges understanding the nature and elements of

    the offenses with which defendant has been charged and to which defendant is

    pleading guilty. The elements of Count Two and Three are:

                  First:       The defendant knowingly devised or participated in a
                               scheme to defraud, or to obtain money or property by
                               using false pretenses, representations, or promises;

                  Second:      the false pretenses, representations, or promises were
                               about a material fact;

                  Third:       the defendant acted with the intent to deflaud; and

                  Fourth       the defendant transmitted or caused to be transmitted by
                               wire or radio some communicatio[ in hte$tate commerce
                               to help carry out the scheme to defraud.

          4.      Counts Dismissed

                  At the time of sentencing, the remaining counts against the defendant,

    Counts One, Four and Five, will be dismissed pursuant to Fed. R. Crim. P.

    11(c)(lXA).

          5.      No Further Charges

                  If the Court accepts this plea agreement, the United States Attomey,s

    Office for the Middle Disuict of Florida agrees not to charge defendant with

    committing any other federal criminal offenses knowl to the United States

   Defendant's tnitiab     5C
                                               )
Case 8:24-cr-00409-MSS-SPF          Document 24       Filed 01/07/25    Page 3 of 21 PageID 75




    Attomey's Offrce at the time of the execution of this agreement, related to the

    conduct giving rise to this plea agreement.

           6.      Mandatory Restitution to Victim of Offense of Conviction

                   Pursuant to 18 U.S.C. 0 3663A(a), defendant agrees to make full

    restitution in the amount of at least $396,974.97 to the U.S. Small Business

    Administration , ard any other victim as determined by the Court.

           7   .   Guidelines Sentence

                   Purcuant to Fed. R. Crim. P. 1l(c)(l)(B), the United States will

    recommend to the Court that the defendant be sentenced within the defendant's

    applicable guidelines range as determined by the Court pursuant to the United States

    Sentencing Guidelines, as adjusted by any deparhrre the United States has agreed to

    recommend in this plea agreement. The parties understand that such a

    recommendation is not binding on the Court and that, if it is not accepted by this

    Court, neither the United States nor the defendant will be allowed to withdraw from

    the plea agreement, and the defendant will not be allowed to withdraw fiom the plea

    ofguilty.

          8.       Acceptance of Responsibility - Three Levels

                   At the time of sentencing, and in the event that no adverse information

    is received suggesting such a recommendation to be unwaranted, the United States

    will not oppose the defendant's request to the Court that the defendant receive a two-

    level downward adjustment for acceptance ofresponsibility, pu$uant to USSG



    Defendant's Initials
                           '<..-
                              (-
                           -\
                                                3
Case 8:24-cr-00409-MSS-SPF         Document 24       Filed 01/07/25     Page 4 of 21 PageID 76




    $ 3E 1 . I (a) . The defendant understands that this recommendation or request is not

    binding on the Court, and if not accepted by the Court, the defendant will not be

    allowed to withdraw from the plea.

                 Further, at the time ofsentencing, if the defendant's offense level prior

    to operation of subsection (a) is level 16 or greater, and if the defendant complies

    with the provisions of USSG $ 3E1.lO) and all terms of this Plea Agreement,

    including but not limited to, the timely submission of the financial affrdavit

    referenced in Paragraph B.5., the United States agrees to file a motion pursuant to

    USSG $ 3E1.10) for a downward adjustment of one additional level. The defendant

    understands that the determination as to whether the defendant has qualified for a

    downward adjustment of a third level for acceptance of responsibility rests solely

    with the United States Attorney for the Middle District of Florida, and the defendant

    agrees that the defendant cannot and will not challenge that determination, whether

   by appeal, collateral attack, or otherwise.

          9.     Cooperation - Substantial Assistance to be Considered

                 Defendant agrees to cooperate fully with the United States in the

   investigation and prosecution ofother persons, and to testifu, subject to a prosecution

   for perjury or making a false statement, fully and truthfully before any federal court

   proceeding or federal grandjury in connection with the charges in this case and other

   matters, such cooperation to further include a fulI and complete disclosure of all

   relevant information, including production of any and all books, papers, documents,



   Defendant's Initiat   5 C
                                                 4
Case 8:24-cr-00409-MSS-SPF         Document 24       Filed 01/07/25     Page 5 of 21 PageID 77




    and other objects in defendant's possession or conEol, and to be reasonably available

    for interviews which the United States may require. If the cooperation is completed

    pdor to sentencing, the govemment agrees to consider whether such cooperation

    qualifles as "substantial assistance" in accordance with the policy ofthe United States

    Attomey for the Middle District of Florida, wananting the filing of a motion at the

    time of sentencing recommending (l) a downward departure from the applicable

    guideline range pursuant to USSG $5K1.1, or (2) the imposition of a sentence below

    a statutory minimum, if any, pursuant to 18 U.S.C. $ 3553(e), or (3) both. If the

    cooperation is completed subsequent to sentencing, the govemment agrees to

    consider whether such cooperation qualifies as "substantial assistance" in accordance

    with the policy of the United States Attomey for the Middle District of Florida,

    'ryn1aa1ing the liling of a motion for a reduction of sentence within one year of the

    imposition of sentence pursuant to Fed. R. Crim. P. 35O). In any case, the

    defendant understands that the determination as to whether "substantial assistance"

    has been provided or what type of motion related thereto will be filed, ifany, rests

    solely with the United States Attorney for the Middle District of Florida, and the

    defendant agrees that defendant cannot and will not challenge that determination,

    whether by appeal, collateral attack, or otherwise.

           10. Use of Infonnation - Section 1B1.8
                 Pursuant to USSG $181.8(a), the United States agrees that no self-

    incriminating information which the defendant may provide during the course of



    Defendant's Initials   5c                  5
Case 8:24-cr-00409-MSS-SPF               Document 24   Filed 01/07/25   Page 6 of 21 PageID 78




    defendant's cooperation and pursuant to this agreement shall be used in determining

    the applicable sentencing guideline range, subject to the restrictions and limitations

    set forth in USSG $1B1.8(b).

           11. Cooperation - Responsibilities of Parties
                    a.   The government will make known to the Court and other

    relevant authorities the nature and extent of defendant's cooperation and any other

    mitigating circumstances indicative of the defendant's rehabilitative intent by

    assuming the fundamental civic duty of rcporting crime. However, the defendant

    understands that the govemment can make no representation that the Court will

    impose a lesser sentence solely on account of, or in consideration of, such

    cooperatiotr.

                    b.   It is understood that should the defendant knowingly provide

    incomplete or untruthful testimony, statements, or information purcuant to this

    agreement, or should the defendant falsely implicate or incriminate any person, or

    should the defendant fail to voluntarily and unreservedly disclose and provide full,

    complete, truthful, and honest knowledge, information, and cooperation regarding

    any of the matters noted herein, the following conditions shall apply:

                         (l)      The defendant may be prosecuted for any perjury or false

    declarations, if any, committed while testifring pursuant to this agreement, or for

    obstruction of justice.




                              <   ,,.1
    Defendant's Initials   J C
                                                  6
Case 8:24-cr-00409-MSS-SPF         Document 24       Filed 01/07/25     Page 7 of 21 PageID 79




                         (2) The United States may prosecute the defendant for the
    charges which are to be dismissed pursuant to this agreement, if any, and may either

    seek reinstatement ofor refile such charges and prosecute the defendant thereon in

    the event such charges have been dismissed pursuant to this agteement. With regard

    to such charges, if any, which have been dismissed, the defendant, being fully aware

    of the nature of all such charges now pending in the instant case, and being further

    aware of defendant's rights, as to all felony charges pending in such cases (those

    offenses punishable by imprisonment for a term of over one year), to not be held to

    answer to said felony charges unless on a presentment or indictment of a grand jury,

    and further bein g awarc that all such felony charges in the instant case have

    heretofore properly been 1€turned by the indictrnent of a grand jury, does hereby

    agree to reinstatement ofsuch charges by recision ofany order dismissing them or,

    altematively, does hereby waive, in open court, prosecution by indictment and

    consenB that the United States may proceed by information instead of by indictrnent

    with regard to any felony charges which may be dismissed in the instant case,

    pursuant to this plea agreement, and the defendant further agrees to waive the statute

    of limitations and any speedy trial claims on such charges.

                        (3) The United States may prosecute the defendant for any
    offenses set foth herein, if any, the prosecution of which in accordance with this

    agreement, the United States agrees to forego, and the defendant agrees to waive the

    statute of limitations and any speedy trial claims as to any such offenses.


                          .<.,
    Defendant,s Initials -_.) C_
                                               7
Case 8:24-cr-00409-MSS-SPF           Document 24       Filed 01/07/25     Page 8 of 21 PageID 80




                         (4) The govemment may use against the defendant the
    defendant's own admissions and statements and the information and books, papers,

    documents, and objects that the defendant has furnished in the course of the

    defendant's cooperation with the government.

                         (5) The defendant will not be permitted to withdraw the guilty
    pleas to those counts to which defendant hereby agrees to plead in the instant case

    but, in that event, defendant will be entitled to the sentencing limitations, if any, set

    forth in this plea agreement, with regard to those counts to which the defendant has

    pled; or in the alternative, at the option of the United States, the United States may

    move the Court to declare this entire plea agreement null and void.

           12. Forfeiture of Assets
                 The defendant agrees to forfeit to the United States immediately and

    voluntarily any and all assets and property, or portions thereof, subject to forfeiture,

    pursuant to 18 U.S.C. 0 981(a)(lXC) and 28 U.S.C. ! 2461(c), whether in the

    possession or control of the United States, the defendant, or defendant's nominees.

    The assets to be forfeited specifically include, but are not Iimited to, the following:

    the $370,000 in proceeds the defendant admits he obtained, as the result ofthe

    commission of the offenses to which the defendant is pleadhg guilty. The defendant

    acknowledges and agtees that (1) the defendant obtained this amount as a result of

    the commission of the offense(s), arrd (2) as a result of the acts and omissions of the

    defendant, the proceeds have been h'ansferred to third parties and cannot be located


                           .<' n
    Defendant's lnitiah J       C.
                                                8
Case 8:24-cr-00409-MSS-SPF          Document 24        Filed 01/07/25     Page 9 of 21 PageID 81




    by the United States upon the exercise ofdue diligence. Therefore, the defendant

    agrees that, pu$uant to 21 U.S.C. $ 853(p), the United States is entitled to forfeit any

    other property ofthe defendant (substitute assets), up to the amount of proceeds the

    defendant obtained, as the result of the offense(s) of conviction. The defendant

    further consents to, and agrees not to oppose, any motion for substitute assets filed

    by the United States up to the amount of proceeds obtained from commission of the

    offense(s) and consents to the entry ofthe folfeiture order into the Treasury Offset

    Program. The defendant agrees that forfeiture of substitute assets as authorized

    herein shall not be deemed an alteration of the defendant's sentence.

                  The defendant additionally agrees that since the criminal proceeds have

    been ffansferred to third parties and cannot be located by the United States upon the

    exercise of due diligence, the preliminary and final orders offorfeiture should

    authorize the United States Attomey's Office to conduct discovery (including

    depositions, intenogatories, requests for production of documents, and the issuance

    of subpoenas), pu$uant to Rule 32.2@)(3) of the Federal Rules of Criminal

    Procedure, to help identifu, locate, and forfeit substitute assets.

                  The defendant also agrees to waive all constitutional, statutory, and

    procedural challenges (including direct appeal, habeas corpus, or any other means) to

    any forfeiture carried out in accordance with this Plea Agreement on any grounds,

    including that the forfeiture described herein constitutes an excessive fine, was not




    Defendant's fnitlat   T 4
                                                 9
Case 8:24-cr-00409-MSS-SPF         Document 24       Filed 01/07/25      Page 10 of 21 PageID 82




     properly noticed in the charging instrument, addressed by the Court at the time of

     the guilty plea, announced at sentencing, or incorporated into the judgment.

                   The defendant admits and agrees that the conduct described in the

     Factual Basis below provides a suffrcient factual and statutory basis for the forfeiture

     of the property sought by the govemment. Pursuant to Rule 32.2(b)(4), the

     defendant agrees that the preliminary order of forfeiture will satisff the notice

     requirement and will be final as to tle defendant at the time it is entered. In the

     event the forfeiturr is omitted fi'om the judgment, the defendant agrees that the

     forfeiture order may be incotponted into the written judgment at any time pursuant

     to Rule 36.

                   The defendant agrees to take all steps necessary to identifr and locate

    all substitute assets and to transfer custody ofsuch assets to the United States before

    the defendant's sentencing. To that end, the defendant agrees to make a full and

    complete disclosure of all assets over which defendant exetcises control, including all

    assets held by nominees, to execute any documents requested by the United States to

    obtain from any other parties by lawful means any records of assets owned by the

    defendant, and to consent to the release ofthe defendant's tax returns for the

    previous five years. The defendant agxees to be interviewed by the government, prior

    to and after sentencing, regarding such assets. The defendant further agrees to be

    polygraphed on the issue ofassets, if it is deemed necessary by the United States.

    The defendant agrees that Federal Rule of Criminal Procedure 11 and USSG $ 1B1.8



    Defendant's Initials   5c                   10
Case 8:24-cr-00409-MSS-SPF          Document 24       Filed 01/07/25      Page 11 of 21 PageID 83




     will not protect from forfeiture assets disclosed by the defendant as part of the

     defendant's cooperation.

                   The defendant agrees to take all steps necessary to assist the

     government in obtaining clear title to any substitute assets before the defendant's

     sentencing. In addition to providing full and complete information about substitute

     assets, these steps include, but are not limited to, the surrender oftifle, the signing of

     a consent decree of forfeiture, and signing ofany other documents necessary to

     eflectuate such transfers.

                   Forfeiture ofthe defendant's assets shall not be treated as satisfaction of

    any fine, restitution, cost of imprisonment, or any other penalty the Court may

    impose upon the defendant in addition to forfeiture.

                  The defendant agrees that, in the event the Court determines that the

    defendant has breached this section of the Plea Agreement, the defendant may be

    found ineligible for a reduction in the Guidelines calculation for acceptance of

    responsibility and substantial assistance, and may be eligible for an obstruction of

    justice enhancement.

                  The defendant agrees that the forfeiture provisions of this plea

    agreement are intended to, and will, survive the defendant, notwithstanding the

    abatement of any underlying criminal conviction after the execution of this

    agreement. The forfeitability of any particular property pursuant to this agreement

    shall be determined as if the defendant had sulived, and that determination shall be



    Defendant's tnitiah    5 C
                                                 11
Case 8:24-cr-00409-MSS-SPF           Document 24       Filed 01/07/25   Page 12 of 21 PageID 84




     binding upon defendant's heirs, successors and assigns until the agreed forfeiture,

     including the forfeiture ofany substitute assets, is final.

    B.      Standard Terms and Conditions

            1          ri ti

                   The defendant understands and agrees that the Court, in addition to or

    in lieu ofany other penalty, shall order the defendant to make restitution to any

    victim of the offense(s), pusuant to 18 U,S.C. S 36634, for all offenses described in

    18 U.S.C. S 3663A(cXI); and the Court may order the defendant to make restitution

    to any victim of the of[ense(s), pumuant to 18 U.S.C. S 3663, including restitution as

    to all counts charged, whether or not the defendant enters a plea of guilty to such

    counts, and whether or not such counts are dismissed pursuant to this agreement.

    The defendant further understands that compliance with any restitution payment

    plan imposed by the Coufi in no way precludes the United States fi'om

    simultaneously pursuing other statutory remedies for collecting restitution (28 U.S.C.

    S 3003(bX2), including, but not limited to, garnishment and execution, pu$uant to

    the Mandatory Victims Restitution Act, in order to ensure that the defendant's

    restitution obligation is satisfied.

                  On each count to which a plea of guilty is entered, the Court shall

    impose a special assessment pursuant to 18 U.S.C. S 3013. The special assessment is

    due on the date of sentencing.




    Defendant's Initiah   5 C
                                                 12
Case 8:24-cr-00409-MSS-SPF           Document 24      Filed 01/07/25      Page 13 of 21 PageID 85




                      The defendant understands that this agreement imposes no limitation as

     to fine.

            2.        Suoervised Release

                  The defendant understands that the offense(s) to which the defendant is

     pleading provide(s) for imposition ofa term ofsupervised release upon release from

     imprisonment, and that, if the defendant should violate the conditions ofrelease, the

     defendant would be subject to a further term of imprisonment.

            3.    Immigration Consequences of Pleading Guiltv

                  The defendant has been advised and understands that, upon conviction,

    a defendant who is not a United States citizen may be removed from the United

    States, denied citizenship, and denied admission to the United States in the future.

            4.    Sentencinglnformation

                  The United States reserves its right and obligation to report to the Court

    and the United States Probation Office all information conceming the background,

    character, and conduct of the defendant, to provide relevant factual information,

    including the totality of the defendant's criminal activities, if any, not limited to the

    count(s) to which defendant pleads, to respond to commeots made by the defendant

    or defendant's counsel, and to correct any misstatements or inaccuracies, The

    United States fuitler reserves its right to make any recommendations it deems

    appropriate regarding the disposition of this case, subject to any limitations set forth

    herein, if any.



    Defendant's Initiab     5 C
                                                 13
Case 8:24-cr-00409-MSS-SPF         Document 24        Filed 01/07/25     Page 14 of 21 PageID 86




            5.     FinancialDisclosures

                   Pursuant to 18 U.S.C. S 3664(dX3) and Fed. R. Crim. P. 32(dX2XAXii),

     the defendant agrees to complete and submit to the United States Attorney's Offrce

     within 30 days ofexecution of this agreement an affidavit reflecting the defendant's

     financial condition. The defendant promises that his financial statement and

     disclosures will be complete, acclrate and truthful and will include all assets in

     which he has any interest or over which the defendant exercises control, directly or

     indirectly, including those held by a spouse, dependent, nominee or other thfud party.

     The defendant further agrees to execute any documents requested by the United

     States needed to obtain flom any third parties any records ofassets owned by the

     defendant, directly or through a nominee, and, by the execution of this Plea

     Agxeement, consents to the release of the defendant's tax retums for the previous five

     years. The defendant similarly agrees and authorizes the United States Attorney's

     Office to provide to, and obtain from, the United States Plobation Office, the

     financial affrdavit, any of the defendant's federal, state, and local tax retums, bank

    records and any other financial information concerning the defendant, for the

    purpose of making any recommendations to the Court and for collecting any

    assessments, fines, resdtution, or forfeiture ordered by the Court. The defendant

    expressly authorizes the United States Attomey's Offrce to obtain cunent credit

    reports in order to evaluate the defendant's abiliry to satisfy any financial obligation

    imposed by the Court.



    Defendant's Initiat   5 C
                                                t4
Case 8:24-cr-00409-MSS-SPF          Document 24            Filed 01/07/25   Page 15 of 21 PageID 87




           6.     SentencingRecommendations

                  It is understood by the parties that the Court is neither a party to nor

     bound by this agreement. The Court may accept or reject the agreement, or defer a

     decision until it has had an oppofiunity to consider the presentence report prepated

     by the United States Probation Office. The defendant understands and

     acknowledges that, although the parties are pemitted to make recommendations and

    present arguments to the Court, the sentence will be determined solely by the Court,

    with the assistance of the United States Probation Office. Defendant further

    understands and acknowledges that any discussions between defendant or

    defendant's attomey and the attorney or other agents for the government regarding

    any recommendations by the govemment are not binding on the Court and that,

    should any recommendations be rejected, defendant will not be permitted to

    withdraw defendantrs plea pursuant to this plea agreement. The govemment

    expressly reserves the right to suppoft and defend any decision that the Court may

    make with regard to the defendant's senteoce, whether or not such decision is

    consistent with the govemment's recommendations contained herein.

            7.   TJefen da nf's Wa I ver of Riq h t    A        th   S


                 The defendant agrees that this Court has jurisdiction and authoriry to

    impose any sentence up to the statutory maximum and expressly waives the right to

    appeal defendant's sentence on any ground, including the ground that the Court

    erred in determining the applicable guidelines range pu$uant to the United States



    Defendant's Initials   5C                     15
Case 8:24-cr-00409-MSS-SPF          Document 24       Filed 01/07/25      Page 16 of 21 PageID 88




     Sentencing Guidelines, except (a) the ground that the senterce exceeds the

    defendant's applicable guidelines range as determined by the Court pursuant to the

    United States Sentencing Guidelines; (b) the ground that the sentence exceeds the

    statutory maximum penalty; or (c) the ground that the sentence violates the Eighth

    Amendment to the Constitution; provided, however, that if the govemment exercises

    its right to appeal the sentence imposed, as authorized by 18 U.S.C. $ 3742(b), then

    the defendant is released fi'om his waiver and may appeal the sentence as authorized

    by 18 U.S.C. 5 37a2@).

           8.     Middle District of Florida Agreement

                  It is fufiher understood that this agreement is limited to the Office of the

    United States Attomey for the Middle District of Florida and cannot bind other

    federal, state, or local prosecuting authorities, although this office will bring

    defendant's cooperation, if any, to the attention of other prosecutiag officers or

    others, if requested.

           9.     Filing of Agreement

                  This agreement shall be presented to the Court, in open court or in

    e!!!M.&!, in whole or in part, upon a showing of good cause, and filed in this cause, at

    the time of defendant's entry of a plea of guilty pursuant hereto .

           10. Voluntariness
                  The defendant acknowledges that defendant is entering into this

    agreement and is pleading guilty freely and voluntarily without reliance upon any



    Defendanls Initials     5C                  16
Case 8:24-cr-00409-MSS-SPF         Document 24       Filed 01/07/25      Page 17 of 21 PageID 89




     discussions between the attorney for the govemment and the defendant and

     defendant's attomey and without promise of benefit of any kind (other than the

     concessions contained herein), and without threats, force, intimidation, or coercion

     ofany kind. The defendant further acknowledges defendant's understanding of the

    nature of the offense or offenses to which defendant is pleading guilty and the

    elements thereof, including the penalties provided by law, and defendant's complete

    satisfaction with the representation and advice received from defendant's

    undersigned counsel (ifany). The defendant also understands that defendant has the

    right to plead not guilty or to persist in that plea if it has already been made, and that

    defendant has the light to be tried by a jury with the assistance ofcounsel, the right

    to confront and cross-examine the witnesses against defendant, the right against

    compulsory self-incrimination, and the right to compulsory process for the

    attendance of witnesses to testiry in defendant's defense; but, by pleading guilty,

    defendant waives or gives up those rights and there willbe no trial. The defendant

    further understands tlat if defendant pleads grrilty, the Court may ask defendant

    questions about the ofiense or offenses to which defendant pleaded, and if defendant

    answerr those questions under oath, on the record, and in the presence ofcounsel (if

    any), defendant's answers may later be used against defendant in a prosecution for

    perjury or false statement. The defendant also understands that defendant will be

    adjudicated guilty ofthe offenses to which defendant has pleaded and, if any ofsuch




    Defendant's Initias   5 C
                                               17
Case 8:24-cr-00409-MSS-SPF         Document 24       Filed 01/07/25     Page 18 of 21 PageID 90




     offenses are felonies, may thereby be deprived of certain rights, such as the right to

     vote, to hold public office, to serve on a jury, or to have possession of fuearms.

            11. Factual Basis
                  Defendant is pleading guilty because defendant is in fact guilty. The

     defendant certifies that defendant does hereby admit that the facts set forth below are

     true, and were this case to go to trial, the United States would be able to prove those

     specific facts and others beyond a reasonable doubt.

                                             FACTS

                  Beginning in or around June 2020, and continuing thlough at least in or

     around March 2021, in the Middle District of Florida and elsewhere, the defendant,

    Jeanty Cherilus, did knowingly and intentionally devise and intend to devise a

    scheme and artifice to defraud, and for obtaining money and property by means of

    false and fraudulent pretenses, representations, and promises about a material fact.

                  It was part of the scheme and artifice that the defendant would and did

    prepare and submit, and cause to be prepared and submitted, materially false and

    fraudtrlent applications to the Small Business Administration's Paycheck Protection

    Program ("PPP") and Economic Injury Disaster Relief Program ("EIDL"), which

    programs were tailored to provide benefits and relief to businesses and workers

    negatively impacted by the COVID-I9 pandemic. To induce the SBA and financial

    institutions to fund PPP and EIDL loans, the defendant prepared and submitted to

    the SBA and Lender #1 applications that contained multiple materially false and



    Defendant's Initials   5_4                  18
Case 8:24-cr-00409-MSS-SPF        Document 24       Filed 01/07/25     Page 19 of 21 PageID 91




     fiaudulent representations and pretenses, includiag stating an iaflated number of

     employees; stating an inflated average monthly payroll; representing and certiffing

     that loan proceeds would be used for business-related purposes; and submitting

     fi'audulent supporting documentation, including a2019 arrd 2020 Form 940:

     Employer's Annual Federal Unemployment ("FUTA") Tax Retum form. The

    defendant's false statements caused the SBA and Lender #1 to approve a PPP and an

    EIDL loan application and cause to be transmitted PPP and EIDL loan proceeds via

    interstate wire transfers to a Financial Instirution #1 account controlled by the

    defendant in the Middle District of Florida. Once the funds were deposited into the

    Financial Institution #1 account, the defendant used the PPP and EIDL funds for

    unauthorized purposes and for his own pemonal enrichment and the enrichment of

    others.

                 For instance, the defendant made false and fi'audulent representations

    on an EIDL loan application that caused the SBA to submit a wire transfer on June

    30,2020, in the amount of $5,000 in EIDL advancement funds, sent from outside of

    Florida to the defendant's Finaocial Institution #l account. The SBA later funded

    the remainder of the EIDL loan, which caused a wire transfer on September 27,

    2020, in he amount of $15,000 in EIDL funds, sent fiom outside of Florida to the

    defendant's Financial Institution #1 account.

                 The defendant also made false and fraudulent representations in at least

    three PPP applications. For instance, on July 28, 2020, the defendant caused a wire



    Defendant's Initiais   E_e                 t9
Case 8:24-cr-00409-MSS-SPF               Document 24   Filed 01/07/25   Page 20 of 21 PageID 92




     transfer in the amount of $350,000 in PPP funds, sent from outside of Florida to the

     defendant's Financial Institution #1 account. On March 16,2021, and again on

     March 20 , 2021 , the defendant caused the submission of two sepalate loan

     applications with false and fraudulent representations, sent from the Middle Disaict

     of Florida via the intemet to serye$ outside of Florida.

                    The total proceeds the defendant acquired by his illegal scheme totaled

     at least $370,000.

                   The above is merely a summary of some of the events, some of the

     persons involved, and other information relating to this case. It does not ioclude, nor

     is it intended to include, all the events, persons involved, or other information

     relating to this case.

            12. Entire Agreement
                   This plea agreement constitutes the entire agreement between the

    govemment and the defendant with respect to the aforementioned guilty plea and no

    other promises, agreemenB, or representations exist or have been made to the

    defendant or defendant's attomey with regard to such guilty plea.




                              ,--- /'l
    Defendant's lnitiah       S (-
                                                  20
Case 8:24-cr-00409-MSS-SPF            Document 24    Filed 01/07/25     Page 21 of 21 PageID 93




            13. Certification
                  The defendant and defendant's counsel certiff that this plea agreement

     has been read in its entirety by (or has been rcad to) the defendant and that defendant

     fuIly understands its terms.

           DATED this        F        day of   Jaru*",          2024.
                                                        0
                                                     ROGER B. HANDBERG
                                                     United States Attomey


                             -'ta,l                           D, Pizzo
                                                     Assistant United States Attomey




    Nicholas                                    fr : Carlton C. G
    Attorney for Defendant                           Assistant United States Attorney
                                                     Chief, Economic Crimes Section




                                                21


File and source

File
24-plea-agreement.pdf
Size
5,736,880 bytes
SHA-256
74b5d9a69b8182486a7da702966ede0ed23c4544ecb8c520a84637c485af7477
Our copy
24-plea-agreement.pdf
Original
No public link identified.
Back to top