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.
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
“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.Full text
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:
9
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
File and source
- File
- 35.pdf
- Size
- 681,707 bytes
- SHA-256
- a0f21690c59b098df3ed31861b6f1d43fe76e1026bc1f9ac88695bfd8997e2ae
- Our copy
- 35.pdf
- Original
- archive.org