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Superseding Indictment — United States v. Allison Marie Baver (District of Utah)

Summary

A Superseding Indictment in United States of America v. Allison Marie Baver and Allison Baver Entertainment, LLC, Case No. 2:21-cr-00520, in the District of Utah, filed June 29, 2022 as Document 35. Counts 1-8 charge false statements designed to influence a bank under 18 U.S.C. § 1014, and Count 9 charges money laundering under 18 U.S.C. § 1957. The grand jury charges that Baver, on behalf of the company, completed Paycheck Protection Program loan applications to Northeast Bank and Meridian Bank from April 13, 2020 to April 26, 2020, stating average monthly payroll of $4,000,000 or more and numbers of employees when, the indictment states, there was none. Count 9 alleges a $150,000 transfer on or about July 23, 2020. The forfeiture notice lists $9,538,720.95 and a $150,000 investment.

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“Superseding Indictment — United States v. Allison Marie Baver (District of Utah).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/35-a15b80d60d/, SHA-256 a0f21690c59b098df3ed31861b6f1d43fe76e1026bc1f9ac88695bfd8997e2ae.

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Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.222 Page 1 of 10




TRINA A. HIGGINS, United States Attorney (#7349)
AARON B. CLARK, Assistant United States Attorney (#15404)
JENNIFER K. MUYSKENS, Assistant United States Attorney (DC#475353)
CY H. CASTLE, Assistant United States Attorney (#4808)
Attorneys for the United States of America
Office of the United States Attorney
111 South Main Street, Suite 1800
Salt Lake City, Utah 84111-2176
Telephone: (801) 524-5682



                          IN THE UNITED STATES DISTRICT COURT
                                    DISTRICT OF UTAH

  UNITED STATES OF AMERICA,                        Case No. 2:21-cr-00520

            Plaintiff,                             SUPERSEDING INDICTMENT

            vs.                                    Counts 1-8: 18 U.S.C. § 1014 (False
                                                   Statements Designed to Influence a Bank)
  ALLISON MARIE BAVER, and
  ALLISON BAVER ENTERTAINMENT, Count 9: 18 U.S.C. § 1957 (Money
  LLC,                         Laundering)

            Defendants.                            Judge Jill N. Parrish


       The Grand Jury Charges:

                                        Background

       At all times relevant to this Indictment:

       1.         Defendant ALLISON MARIE BAVER ("BAVER") was a resident of Utah.

      2.          ALLISON BAVER ENTERTAINMENT, LLC ("ABE") was registered with

the Utah Division of Corporations on October 9, 2019. BAVER is listed as the owner and

registered agent for ABE.
Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.223 Page 2 of 10




       3.     Northeast Bank is a financial institution headquartered in Portland, ME, the

accounts of which are insured by the Federal Deposit Insurance Corporation ("FDIC").

       4.     Meridian Bank is a financial institution headquartered in Paoli, PA, the

accounts of which are insured by the FDIC.

       5.     Lendio, Inc. ("Lendio"), offers clearinghouse services for small businesses

seeking various types of financing. The company, headquartered in Lehi, UT, allows its

small business customers to submit loan applications that Lendio screens and submits to

matched lenders.

       6.     The United States Small Business Administration ("SBA") is an executive-

branch agency of the United States federal government that provides support to

entrepreneurs and small businesses. The mission of the SBA is to maintain and 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 enables and provides for loans through banks, credit unions, and other lenders.

These loans have government backed guarantees.

       7.      In addition to traditional SBA funding programs, the CARES Act, which was

signed into law in March 2020, established several new temporary programs and provided

for the expansion of others to address the COVID-19 outbreak.

       8.     One of these new programs is the SBA Paycheck Protection Program (PPP),

which is a loan designed to provide a direct incentive for small businesses to keep their

workers on the payroll. Under this program, the SBA will forgive all or part of loans if all



                                             2
Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.224 Page 3 of 10




employees were kept on the payroll for eight weeks and borrowers submit documentation

confirming that the loan proceeds were used for payroll, rent, mortgage interest, or utilities.

       9.     Payroll, as defined by the PPP, excludes compensation of an individual

employee in excess of an annual salary of $100,000, prorated as necessary.

       10.    Interested applicants apply through an existing SBA lender or any other

participating federally insured financial institution. Program requirements include that the

borrower business was in operation on February 15, 2020, and either had employees for

whom the business paid salaries and payroll taxes or paid independent contractors as

reported on a Form 1099-MISC.

       1 1.   The PPP application process reqmres applicants to submit a Borrower

Application Form through an SBA-approved financial entity. The application contains

information as to the purpose of the loan, average monthly payroll, number of employees

and background of the business and its owner.


                                      Counts 1-8
                                   18 U.S.C. § 1014
                     (False Statement Designed to Influence a Bank)

       12.    On or about April 13, 2020, defendant BAVER, on behalf of ABE, completed

a PPP loan application through Lendio. Lendio thereafter submitted the application to

Northeast Bank. In this application, defendants BAVER and ABE made or caused to be

made one or more of the following false statements:

              a. ABE's average monthly payroll was $4,000,000; when, in fact, ABE had

                 no average monthly payroll; and


                                             3
Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.225 Page 4 of 10




              b. ABE had 100 employees; when, in fact, ABE had no employees.

       13.    On or about April 14, 2020, defendant BAVER, on behalf of ABE, completed

a PPP loan application through Lendio. Lendio thereafter submitted the application to

Northeast Bank. In this application, defendants BAVER and ABE made or caused to be

made one or more of the following false statements:

              a. ABE's average monthly payroll was $4,000,000; when, in fact, ABE had

                 no average monthly payroll; and

              b. ABE had 105 employees; when, in fact, ABE had no employees.

       14.    On or about April 16, 2020, defendant BAVER, on behalf of ABE, completed

a PPP loan application through Lendio. Lendio thereafter submitted the application to

Northeast Bank. In this application, defendants BAVER and ABE made or caused to be

made one or more of the following false statements:

              a. ABE's average monthly payroll was $4,000,000; when, in fact, ABE had

                 no average monthly payroll; and

             b. ABE had 105 employees; when, in fact, ABE had no employees.

       15.   On or about April 23, 2020, defendant BAVER, on behalf of ABE, completed

a PPP loan application through Lendio. Lendio thereafter submitted the application to

Northeast Bank. In this application, defendants BAVER and ABE made or caused to be

made one or more of the following false statements:

             a. ABE's average monthly payroll was $4,000,000; when, in fact, ABE had

                 no average monthly payroll; and

             b. ~E had 430 employees; when, in fact, ABE had no employees.

                                           4
Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.226 Page 5 of 10




       16.    On or about April 24, 2020, defendant BAVER, on behalf of ABE, completed

and submitted a PPP loan application to Meridian Bank. In this application, defendants

BAVER and ABE made or caused to be made one or more of the following false statements:

              a. ABE's average monthly payroll was $4,769,583; when, in fact, ABE had

                 no average monthly payroll; and

              b. ABE had 430 employees; when, in fact, ABE had no employees.

       17.    On or about April 25, 2020, defendant BAVER, on behalf of ABE, completed

and submitted a PPP loan application to Meridian Bank. In this application, defendants

BAVER and ABE made or caused to be made one or more of the following false statements:

              a. ABE's average monthly payroll was $4,770,583; when, in fact, ABE had

                 no average monthly payroll; and

             b. ABE had 430 employees; when, in fact, ABE had no employees.

       18.   On or about April 25, 2020, defendant BAVER, on behalf of ABE, completed

a PPP loan application through Lendio. Lendio thereafter submitted the application to

Northeast Bank. In this. application, defendants BAVER and ABE made or caused to be

made one or more of the following false statements:

             a. ABE's average monthly payroll was $4,770,583; when, in fact, ABE had

                 no average monthly payroll; and

             b. ABE had 430 employees; when, in fact, ABE had no employees.

      19.    On or about April 26, 2020, defendant BAVER, on behalf of ABE, completed

a PPP loan application through Lendio. Lendio thereafter submitted the application to



                                           5
Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.227 Page 6 of 10




Northeast Bank. In this application, defendants BAVER and ABE made or caused to be

made one or more of the following false statements:

                 a. ABE's average monthly payroll was $4,770,583; when, in fact, ABE had

                    no average monthly payroll; and

                 b. ABE had 430 employees; when, in fact, ABE had no employees.

        20.      On or about the dates listed below, in the District of Utah and elsewhere,

    ALLISON MARIE BAVER and ALLISON BAVER ENTERTAINMENT, LLC,

defendants herein, did knowingly make the false statements listed below for the purpose of

influencing the actions of banking institutions, the deposits of which were then insured by

the FDIC, in connection with PPP loan applications for $10,000,000:

 Count          Date            Bank                        False Statements

    1         4/13/2020 Northeast Bank        a.    ABE's average monthly payroll was
                                              $4,000,000; when, in fact, ABE had no
                                              average monthly payroll;

                                              b.     ABE had I 00 employees; when, Ill
                                              fact, ABE had no employees;

   2          4/14/2020 Northeast Bank        a.    ABE's average monthly payroll was
                                              $4,000,000; when, in fact, ABE had no
                                              average monthly payroll;

                                              b.     ABE had I 05 employees; when, Ill
                                              fact, ABE had no employees;

   3      4/16/2020 Northeast Bank            a.    ABE's average monthly payroll was
                                              $4,000,000; when, in fact, ABE had no
                                              average monthly payroll;

                                              b.     ABE had I 05 employees; when, Ill
                                              fact, ABE had no employees;


                                               6
 Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.228 Page 7 of 10




     Count     Date           Bank                  False Statements

      4      4123/2020 Northeast Bank   a.    ABE's average monthly payroll was
                                        $4,000,000; when, in fact, ABE had no
                                        average monthly payroll;

                                        b.     ABE had 430 employees; when, m
                                        fact, ABE had no employees;

      5      4124/2020 Meridian Bank    a.    ABE's average monthly payroll was
                                        $4,769,583; when, in fact, ABE had no
                                        average monthly payroll;

                                        b.     ABE had 430 employees; when, m
                                        fact, ABE had no employees;

      6      4/25/2020 Meridian Bank    a.    ABE' s average monthly payroll was
                                        $4,770,583; when, in fact, ABE had no
                                        average monthly payroll;

                                        b.     ABE had 430 employees; when, m
                                        fact, ABE had no employees;

      7      4/2512020 Northeast Bank   a.    ABE' s average monthly payroll was
                                        $4,770,583; when, in fact, ABE had no
                                        average monthly payroll;

                                        b.     ABE had 430 employees; when, m
                                        fact, ABE had no employees;

      8      4126/2020 Northeast Bank   a.    ABE's average monthly payroll was
                                        $4,770,583; when, in fact, ABE had no
                                        average monthly payroll;

                                        b.     ABE had 430 employees; when, m
                                        fact, ABE had no employees;


All in violation of 18 U.S.C. § 1014.

II

II
                                        7
Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.229 Page 8 of 10




                                            Count9
                                        18 U.S.C. § 1957
                                      (Money Laundering)

        21.      The factual allegations set forth in paragraphs 1-19 above are incorporated

 by referenced and realleged as though fully set forth herein.

        22.      On or about May 11, 2020, Meridian Bank funded a PPP loan to ABE for

$10,000,000, depositing the funds into ABE's Meridian Bank account ending in x2022.

       23.       On or about May 12, 2020, BAVER transferred $9,999,500 of those funds to

ABE's Meridian Bank account ending in x8439.

       24.       On or about July 23, 2020, BAVER transferred $150,000 of ABE's PPP loan

funds to Company X, from ABE's Meridian Bank account ending in x8439, for the purpose

of investing in a film entitled No Man a/God.

       25.       On or about the date listed below, in the District of Utah and elsewhere,

    ALLISON MARIE BAVER and ALLISON BAVER ENTERTAINMENT, LLC,

defendants herein, did knowingly engage and attempt to engage in the following monetary

transaction by, through, and to a financial institution, affecting interstate or foreign

commerce, in criminally derived property of a value greater than $10,000.00, and such

property was derived from the specified unlawful activity of False Statement to a Bank as

alleged above, in instances including but not limited to the count below:

 Count          Date                          Monetary Transaction
   9          7/23/2020 $150,000 transfer to Company X to invest in the film entitled No
                        Man of God, from ABE's Meridian Bank account ending in
                        x84 3 9, for the purpose of investing in a movie

All in violation of 18 U.S.C. § 1957.


                                               8
Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.230 Page 9 of 10




                    NOTICE OF INTENT TO SEEK FORFEITURE

       Pursuant to 18 U.S.C. § 982(a)(2), upon conviction of any offense violating 18

U.S.C. § 1014, the defendants shall forfeit to the United States of America any property

constituting, or derived from, proceeds obtained directly or indirectly, as a result of the

scheme to defraud. The property to be forfeited includes, but is not limited to:

       •   $9,538,720.95;

       •   a money judgment equal to the value of any property not available for forfeiture

           as a result of any act or omission of the defendant(s) for one or more of the

           reasons listed in 21 U.S.C. § 853(p);

       •   substitute property as allowed by 18 U.S.C. § 982(b) and 21 U.S.C. § 853(p).

       Pursuantto 18 U.S.C. § 982(a)(l), upon conviction of any offense in violation of 18

U.S.C. § 1957, the defendants shall forfeit to the United States of America any property,

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

The property to be forfeited includes, but is not limited to:

       •   $150,000 investment in film entitled No Man of God;

       •   a money judgment equal to the value of all property not available for forfeiture

           as a result of any act or omission of the defendant(s) for one or more of the

           reasons listed in 21 U.S.C. § 853(p); and

       •   substitute property as allowed by 18 U.S.C. § 982(b) and 21 U.S.C. § 853(p).

GRAND JURY'S PROBABLE CAUSE FINDING REGARDING FORFEITURE

      The grand jury finds probable cause to believe that:



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Case 2:21-cr-00520-JNP Document 35 Filed 06/29/22 PageID.231 Page 10 of 10




          I)      The defendants have committed the crimes specified in the above forfeiture

notice;

          2)      The $9,538,720.95 is constituted or derived from proceeds traceable to

making a false statement to a bank;

          3)      The $150,000 investment in film entitled No Man of God is involved in

money laundering or property traceable to property involved in money laundering; and

          4)      In the event of the defendants' conviction, such property would be subject

to forfeiture:

               a. $9,538,720.95; and

               b. $150,000 investment in film entitled No Man of God.

                                                    A TRUE BILL:




                                                           frS\
                                                             RSON OF GRAND JURY


TRINA A. HIGGINS
United States Attorney




AARON B. CLARK
Assistant Uniteo. States Attorney




                                               10


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