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Indictment — United States v. Thomas O. Crowell (Southern District of Ohio)

Summary

An Indictment filed January 17, 2023 as Doc #: 4 in United States versus Thomas O. Crowell, Case No. 2:23-cr-00008-MHW, in the United States District Court for the Southern District of Ohio. Count 1 charges possession with intent to distribute fentanyl and cocaine on or about June 2, 2021; Counts 2 and 3 charge Crowell as a felon in possession of a firearm. Count 4 charges wire fraud under 18 U.S.C. § 1343, alleging that on or about April 16, 2021 Crowell applied electronically to Capital Plus Financial LLC for a PPP loan for a purported trucking business and falsely represented its employees and gross receipts. The indictment states that a PPP loan of $19,790 was approved and disbursed. The forfeiture allegations name approximately $3,986.00 in currency, a rifle and a pistol, and a sum of $19,790.00.

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“Indictment — United States v. Thomas O. Crowell (Southern District of Ohio).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/4-indictment-as-to-thomas-o-crowell-counts-1-2-3-4-jk-en-3c3ee67a03/, SHA-256 f5e1480abb28370696472a6500c6573026048d532a67882b93887813fd5337e1.

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    Case: 2:23-cr-00008-MHW Doc #: 4 Filed: 01/17/23 Page: 1 of 6 PAGEID #: 5


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                             UNITED STATES DISTRICT COURT
                                                                                CL
                              SOUTHERN DISTRICT OF OHIO
                                                                             'OZ3        17
                                   EASTERN DIVISION                                               2: t,
 UNITED STATES OF AMERICA,                           CASE NO

                Plaintiff,                           JUDGE

        vs.                                          INDICTMENT

 THOMAS O. CROWELL                                   18 U.S.C. § 922(g)(1)
  aka "T-Mack"                                       18 U.S.C. § 924(a)(2)
                                                     21 U.S.C. § 841(a)(1)
                Defendant.                           21 U.S.C. § 841(b)(1)(B)(vi)
                                                     21 U.S.C. § 841(b)(1)(C)
                                                     18 U.S.C. § 1343

                                                     FORFEITURE ALLEGATIONS


THE GRAND JURY CHARGES:

                                         COUNT 1
                (Possession with Intent to Distribute Fentanyl and Cocaine)

       1.     On or about June 2, 2021, in the Southern District of Ohio, the defendant,

THOMAS CROWELL, did knowingly, intentionally, and unlawfully possess with intent to

distribute 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-

N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, commonly referred to as fentanyl, Schedule II

controlled substance, and a mixture or substance containing a detectable amount of cocaine, a

Schedule II controlled substance.

       In violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(vi), and 841(b)(1)(C).


                                          COUNT 2
                              (Felon in Possession of a Firearm)

       2.     On or about June 2, 2021, in the Southern District of Ohio, the defendant,
    Case: 2:23-cr-00008-MHW Doc #: 4 Filed: 01/17/23 Page: 2 of 6 PAGEID #: 6




THOMAS CROWELL, knowing that he had been convicted of a crime punishable by

imprisonment for a term exceeding one year, did knowingly possess, in or affecting interstate

commerce, one or more firearms, specifically, a Century Arms 7.62 caliber rifle, bearing serial

number SV7P000403, and a Glock, Model 42, .380 caliber pistol, bearing serial number

ACTT772, and ammunition.

       In violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).



                                         COUNT 3
                             (Felon in Possession of a Firearm)

       3.     On or about July 16, 2019, in the Southern District of Ohio, the defendant,

THOMAS CROWELL, knowing that he had been convicted of a crime punishable by

imprisonment for a term exceeding one year, did knowingly possess, in or affecting interstate

commerce, a firearm, specifically, a Taurus Model PT111 Millennium G2, 9mm pistol, bearing

serial number TJX2119, and ammunition.

       In violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).



                                        COUNT 4
                            (Wire Fraud — Pandemic Assistance)

                                         Background

       4.     The Coronavirus Aid, Relief and Economic Security ("CARES") Act was a federal

law enacted on or about March 27, 2020, designed to provide emergency financial assistance to

the millions of Americans suffering the economic effects caused by the COVID-19 pandemic.

The CARES Act created the Paycheck Protection Program (PPP), which is a program overseen by

the United States Small Business Administration.
     Case: 2:23-cr-00008-MHW Doc #: 4 Filed: 01/17/23 Page: 3 of 6 PAGEID #: 7




        5.     The PPP authorized qualifying small businesses to receive forgivable loans to help

pay payroll costs, rent, utilities, interest on mortgages, and other permissible expenses. The size

of the PPP loan a particular business could receive was based in part on its average monthly payroll

costs. PPP loans were entirely forgivable if the funds were used for specified expenses.

        6.     In order to obtain a PPP loan, a business was required to submit a loan application

to a financial institution. The loan application was required to be signed by an authorized

representative of the business and was required to contain certain information, such as average

monthly payroll expenses and number of employees. Applicants were also required to provide

supporting documentation, such as federal tax returns and other financial documentation. Any

PPP loans that were funded by financial institutions were fully guaranteed by the United States

Small Business Administration.

       7.      The PPP loan application required a loan applicant to acknowledge the program

rules and make certain affirmative certifications in order to be eligible to obtain a PPP loan.

                                      The Scheme to Defraud

       8.      In or around April 2021, the exact dates being unknown to the United States, the

defendant, THOMAS CROWELL, devised and intend to devise a scheme to defraud and to

obtain money and property by means of materially false and fraudulent pretenses, representations,

and promises, and material omissions.

       9.      It was part of the scheme that on or about April 16, 2021, CROWELL applied

electronically to Capital Plus Financial LLC for a PPP loan on behalf of a purported trucking

business called "Thomas Crowell." CROWELL falsely represented that he was a "truck driver

(long distance, OTR, hauling, etc.)." CROWELL falsely represented the number of employees

and the gross receipts of his purported trucking business. CROWELL falsely represented that
     Case: 2:23-cr-00008-MHW Doc #: 4 Filed: 01/17/23 Page: 4 of 6 PAGEID #: 8




the funds sought through the PPP loan application would be used for qualified business expenses,

such as payroll, health care benefits, and utilities.

        10.     It was further part of the scheme that CROWELL submitted a false IRS Form

Schedule C in conjunction with his PPP loan application.

        11.     CROWELL's purported trucking business was approved for a PPP loan in the

amount of $19,790, which was disbursed on or about April 16, 2021.

                                               The Wire

        12.     On or about April 16, 2021, in the Southern District of Ohio and elsewhere, the

defendant, THOMAS CROWELL, for the purpose of executing the above-described scheme to

defraud, and in attempting to do so, knowingly transmitted and caused to be transmitted by means

of a wire communication in interstate and foreign commerce certain writings, signs, signals,

pictures, and sounds, to wit, an electronic PPP loan application to Capital   Plus   Financial LLC on

behalf of a purported trucking business named "Thomas Crowell."

        In violation of 18 U.S.C. § 1343.



                                FORFEITURE ALLEGATION A

       13.      The allegations of this Indictment are realleged and by this reference fully

incorporated herein for the purpose of alleging forfeiture to the United States of America pursuant

to the provisions of 21 U.S.C. § 853(a)(1) and (2).

       14.     Upon conviction of the offense alleged in Count 1 of this Indictment, in violation

of 21 U.S.C. § 841, the defendant, THOMAS CROWELL, shall forfeit to the United States, in

accordance with 21 U.S.C. § 853(a)(1) and (2), all of his right, title, and interest in any property

constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of such
     Case: 2:23-cr-00008-MHW Doc #: 4 Filed: 01/17/23 Page: 5 of 6 PAGEID #: 9




violation, and any property used, or intended to be used, in any manner or part, to commit, or to

facilitate the commission such violation, including, but not limited to, the following property

seized on or about June 2, 2021, as a result of a search warrant at the defendant, THOMAS

CROWELL's, residence located at 67774 Eddlestone Court, Canal Winchester, Ohio:

                (a) Approximately $3,986.00 in United States currency;

                (b) One Century Arms 7.62 caliber rifle, bearing Serial Number SV7P000403;

                (c) One Glock, Model 42, .380 caliber pistol, bearing Serial Number ACTT772;
                    and

                (d) All associated ammunition and magazines.

       Forfeiture notice in accordance with 21 U.S.C. §853(a)(1) and (a)(2) and Rule 32.2 of
the Federal Rules of Criminal Procedure.


                                FORFEITURE ALLEGATION B

        15.     The allegations of this Indictment are realleged and by this reference fully

incorporated herein for the purpose of alleging forfeiture to the United States of America pursuant

to the provisions of 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) and/or 18 U.S.C.

§ 982(a)(2).

        16.     Upon conviction of the offense alleged in Count 4 of this Indictment, in violation

of 18 U.S.C. § 1343, the defendant, THOMAS CROWELL, shall forfeit to the United States, in

accordance with 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) and/or 18 U.S.C. § 982(a)(2),

all of his right, title, and interest in any property constituting, or derived from, proceeds traceable

to, or obtained, directly or indirectly, as a result of such violation, including, but not limited to, a

sum of money equal to $19,790.00 in United States currency.

       17.     Substitute Assets:      If, as a result of any act or omission of the defendant,
    Case: 2:23-cr-00008-MHW Doc #: 4 Filed: 01/17/23 Page: 6 of 6 PAGEID #: 10




THOMAS CROWELL, any of the forfeitable property described above:

               a.      cannot be located upon the exercise of due diligence;

               b.      has been transferred or sold to, or deposited with, a third party;

               c.      has been placed beyond the jurisdiction of the court;

               d.      has been substantially diminished in value; or

               e.      has been commingled with other property which cannot be divided without
                       difficulty,

it is the intent of the United States of America, pursuant to 21 U.S.C. § 853(p), as incorporated by

18 U.S.C. § 982(b)(1) and 28 U.S.C. § 2461(c), to seek forfeiture of any other property of the

defendant, THOMAS CROWELL, up to the value of the forfeitable property.

       Forfeiture notice in accordance with 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c),
18 U.S.C. § 982(a)(2), and Rule 32.2 of the Federal Rules of Criminal Procedure.


                                                      A TRUE BILL

                                                       S /cc'e.._çQI3           o
                                                      FOEPERSO

KENNETH L. PARKER
Un' d States Attorney


      N W. KELLEY (0042406)
Askistant U.S. Attorney


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