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.