Plea Agreement — United States v. Robert William Burns (Middle District of Florida)

Summary

A plea agreement filed October 21, 2024 as Document 44 in United States of America versus Robert William Burns, Case No. 6:24-cr-87-PGB-RMN, in the United States District Court for the Middle District of Florida, Orlando Division. Burns agrees to plead guilty to Count One of the Indictment, wire fraud in violation of 18 U.S.C. § 1343, and Counts Two and Three will be dismissed at sentencing. Burns agrees to make full restitution to the U.S. Small Business Administration of at least $57,186 and to forfeit the $57,186 in proceeds. The factual basis states that Burns obtained three PPP loans, one for RB3 Ventures LLC and two in the name of The Social Wizards, resulting in approximately $57,186 in PPP funds deposited into a Chase Bank account Burns controlled.

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Case 6:24-cr-00087-PGB-RMN Document 44 _ Filed 10/21/24 Page 1 of 22 PagelD 89

AF Approval _ NMA | Chief Approval __ CAB

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
Vv. CASE NO. 6:24-cr-87-PGB-RMN
ROBERT WILLIAM BURNS
PLEA AGREEMENT
Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by
Roger B. Handberg, United States Attorney for the Middle District of Florida,
and the defendant, Robert William Burns, and the attorney for the defendant,

Katherine Puzone, mutually agree as follows:

A. Particularized Terms

1. Count(s) Pleading To
The defendant shall enter a plea of guilty to Count One of the
Indictment. Count One charges the defendant with Wire Fraud, in violation
of 18 U.S.C. § 1343.
2. Maximum Penalties
Count One carries a maximum sentence of 20 years’

imprisonment, a fine of $250,000, or twice the gross gain or loss caused by the

offense, whichever is greater, a term of supervised release of not more than

three years, and a special assessment of $100.
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3. Elements of the Offense(s)

The defendant acknowledges understanding the nature and
elements of the offense(s) with which defendant has been charged and to
which defendant is pleading guilty. The elements of Count One 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 defraud; and
Fourth: the defendant transmitted or caused to be transmitted by
wire or radio some communication in interstate
commerce to help carry out the scheme to defraud.
A, Counts Dismissed
At the time of sentencing, the remaining count(s) against the
defendant, Counts Two and Three, will be dismissed pursuant to Fed. R.

Crim. P. 11(0)(1)(A).

5. No Further Charges

If the Court accepts this plea agreement, the United States
Attorney's Office for the Middle District of Florida agrees not to charge
defendant with committing any other federal criminal offenses known to the
United States Attorney's Office at the time of the execution of this agreement,
related to the conduct giving rise to this plea agreement.

fi

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6. Mandatory Restitution to Victim of Offense of Conviction

Pursuant to 18 U.S.C. §§ 3663A and 3663(a) and (b), defendant

agrees to make full restitution to the U.S. Small Business Administration in

the amount of at least $57,186.

7. Guidelines Sentence

Pursuant to Fed. R. Crim. P. 11(c)(1)(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 departure 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 from the plea of guilty.

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 unwarranted,
the United States will not oppose the defendant’s request to the Court that the
defendant receive a two-level downward adjustment for acceptance of

responsibility, pursuant to USSG § 3E1.1(a). The defendant understands that

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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 of sentencing, 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 § 3E1.1(b) and all terms of this Plea
Agreement, including but not limited to, the timely submission of the financial
affidavit referenced in Paragraph B.5., the United States agrees to file a motion
pursuant to USSG § 3E1.1(b) 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. 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. § 981(a)(1)(C) and 28 U.S.C. § 2461(c),

whether in the possession or control of the United States, the defendant or

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defendant's nominees. The assets to be forfeited specifically include, but are
not limited to, the $57,186 in proceeds the defendant admits he obtained, as
the result of the commission of the offense to which the defendant is pleading
guilty. The defendant acknowledges and agrees that: (1) the defendant
obtained this amount as a result of the commission of the offense, and (2) as a
result of the acts and omissions of the defendant, the proceeds have been
transferred to third parties and cannot be located by the United States upon
the exercise of due diligence. Therefore, the defendant agrees that, pursuant
to 21 U.S.C. § 853(p), the United States is entitled to forfeit any other property
of the 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 of the
forfeiture 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 transferred to third parties and cannot be located by the

United States upon the exercise of due diligence, the preliminary and final

Defendant’s Initials_/” 5
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orders of forfeiture should authorize the United States Attorney’s Office to
conduct discovery (including depositions, interrogatories, requests for
production of documents, and the issuance of subpoenas), pursuant to Rule
32.2(b)(3) of the Federal Rules of Criminal Procedure, to help identify, 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 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 sufficient factual and statutory basis for the
forfeiture of the property sought by the government. Pursuant to Rule
32.2(b)(4), the defendant agrees that the preliminary order of forfeiture will
satisfy the notice requirement and will be final as to the defendant at the time
it is entered. In the event the forfeiture is omitted from the judgment, the
defendant agrees that the forfeiture order may be incorporated into the written

judgment at any time pursuant to Rule 36.

Defendant’s Initials _//>
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The defendant agrees to take all steps necessary to identify and
locate all substitute assets and to transfer custody of such 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
exercises 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 of the defendant’s tax returns for the previous five years. The
defendant agrees to be interviewed by the government, prior to and after
sentencing, regarding such assets. The defendant further agrees to be
polygraphed on the issue of assets, if it is deemed necessary by the United
States. The defendant agrees that Federal Rule of Criminal Procedure 11 and
USSG § 1B1.8 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 of title, the signing of a consent decree of forfeiture, and signing

of any other documents necessary to effectuate such transfers.

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Forfeiture of the 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 survived, and that
determination shall be binding upon defendant’s heirs, successors and assigns
until the agreed forfeiture, including the forfeiture of any substitute assets, is
final.

B. Standard Terms and Conditions

1. Restitution, Special Assessment and Fine

The defendant understands and agrees that the Court, in addition

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

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to any victim of the offense(s), pursuant to 18 U.S.C. § 3663A, for all offenses
described in 18 U.S.C. § 3663A(c)(1); and the Court may order the defendant
to make restitution to any victim of the offense(s), pursuant to 18 U.S.C. §
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 Court in no way precludes the United States from simultaneously pursuing
other statutory remedies for collecting restitution (28 U.S.C. § 3003(b)(2)),
including, but not limited to, garnishment and execution, pursuant 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. § 3013. To ensure
that this obligation is satisfied, the Defendant agrees to deliver a cashier’s
check, certified check, or money order to the Clerk of the Court in the amount
of $100 payable to "Clerk, U.S. District Court" within ten days of the change

of plea hearing. The defendant understands that this agreement imposes no

limitation as to fine.
\

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2. Supervised Release

The defendant understands that the offense(s) to which the
defendant is pleading provide(s) for imposition of a term of supervised release
upon release from imprisonment, and that, if the defendant should violate the
conditions of release, the defendant would be subject to a further term of
imprisonment.

3. Immigration Consequences of Pleading Guilty

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. Sentencing Information

The United States reserves its right and obligation to report to the
Court and the United States Probation Office all information concerning 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
comments made by the defendant or defendant's counsel, and to correct any

misstatements or inaccuracies. The United States further reserves its right to

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make any recommendations it deems appropriate regarding the disposition of
this case, subject to any limitations set forth herein, if any.
5. Financial Disclosures

Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P.
32(d)(2)(A)(i), the defendant agrees to complete and submit to the United
States Attorney's Office within 30 days of execution of this agreement an
affidavit reflecting the defendant's financial condition. The defendant
promises that his financial statement and disclosures will be complete,
accurate and truthful and will include all assets in which his has any interest or
over which the defendant exercises control, directly or indirectly, including
those held by a spouse, dependent, nominee or other third party. The
defendant further agrees to execute any documents requested by the United
States needed to obtain from any third parties any records of assets owned by
the defendant, directly or through a nominee, and, by the execution of this
Plea Agreement, consents to the release of the defendant's tax returns 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
Probation Office, the financial affidavit, any of the defendant's federal, state,
and local tax returns, bank records and any other financial information

concerning the defendant, for the purpose of making any recommendations to

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the Court and for collecting any assessments, fines, restitution, or forfeiture
ordered by the Court. The defendant expressly authorizes the United States
Attorney's Office to obtain current credit reports in order to evaluate the
defendant's ability to satisfy any financial obligation imposed by the Court.
6. Sentencing Recommendations

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 opportunity to consider the presentence
report prepared by the United States Probation Office. The defendant
understands and acknowledges that, although the parties are permitted 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 attorney and the attorney or
other agents for the government regarding any recommendations by the
government are not binding on the Court and that, should any
recommendations be rejected, defendant will not be permitted to withdraw
defendant's plea pursuant to this plea agreement. The government expressly

reserves the right to support and defend any decision that the Court may make

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with regard to the defendant's sentence, whether or not such decision is
consistent with the government's recommendations contained herein.

7. Defendant's Waiver of Right to Appeal the Sentence

The defendant agrees that this Court has jurisdiction and

authority 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
pursuant to the United States Sentencing Guidelines, except (a) the ground
that the sentence 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 government exercises its right to
appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then the
defendant is released from his waiver and may appeal the sentence as

authorized by 18 U.S.C. § 3742(a).

8. Middle District of Florida Agreement

It is further understood that this agreement is limited to the
Office of the United States Attorney for the Middle District of Florida and

cannot bind other federal, state, or local prosecuting authorities, although this

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office will bring defendant's cooperation, if any, to the attention of other
prosecuting officers or others, if requested.
9. Filing of Agreement
This agreement shall be presented to the Court, in open court or
in camera, 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 discussions between the attorney for the government and the defendant
and defendant's attorney and without promise of benefit of any kind (other
than the concessions contained herein), and without threats, force,
intimidation, or coercion of any 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 (if any). 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

right to be tried by a jury with the assistance of counsel, the right to confront
Case 6:24-cr-00087-PGB-RMN Document 44 _ Filed 10/21/24 Page 15 of 22 PagelD 103

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 testify in defendant's defense; but, by pleading
guilty, defendant waives or gives up those rights and there will be no trial.
The defendant further understands that if defendant pleads guilty, the Court
may ask defendant questions about the offense or offenses to which defendant
pleaded, and if defendant answers those questions under oath, on the record,
and in the presence of counsel (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 of the
offenses to which defendant has pleaded and, if any of such 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 firearms.
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 in the attached "Factual Basis," which is incorporated herein by
reference, 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.

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12. Entire Agreement

This plea agreement constitutes the entire agreement between the
government and the defendant with respect to the aforementioned guilty plea
and no other promises, agreements, or representations exist or have been
made to the defendant or defendant's attorney with regard to such guilty plea.

13. Certification

The defendant and defendant's counsel certify that this plea
agreement has been read in its entirety by (or has been read to) the defendant
and that defendant fully understands its terms.

DATED this 2!**_ day of October, 2024.

ROGER B. HANDBERG

United States Attorney
Robert William Burns Richard Varadan
Defendant Assistant United States Attorney
Katherine P Puzone/ Ex Chauncey A. Bratt
Attorney for Defendant Assistant United States Attorney

Deputy Chief, Orlando Division

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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 6:24-cr-87-PGB-RMN
ROBERT WILLIAM BURNS

Second:

Third:

Fourth:

Defendant’s Initials _/

PERSONALIZATION OF ELEMENTS

Did you knowingly devise or participate in a
scheme to defraud, or to obtain money or property, by
using false pretenses, representations, or promises?

Were the false pretenses, representations, or promises
about a material fact?

Did you act with the intent to defraud?
Did you transmit or cause to be transmitted by

wire or radio some communication in interstate
commerce to help carry out the scheme to defraud?

17
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 6:24-cr-87-PGB-RMN
ROBERT WILLIAM BURNS

FACTUAL BASIS

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act
was a federal law enacted in or around March 2020 designed to provide
emergency financial assistance to the millions of Americans who were suffering
the economic effects caused by the COVID-19 pandemic. One source of relief
provided by the CARES Act was the authorization of forgivable loans to small
businesses for job retention and certain other expenses, through a program
referred to as the Paycheck Protection Program (“PPP”).

To obtain a PPP loan, a qualifying business was required to submit a PPP
loan application, which was signed by an authorized representative of the
business. The PPP loan application required the business (through its
authorized representative) to acknowledge the program rules and make certain
affirmative certifications in order to be eligible to obtain the PPP loan. In the

PPP loan application (SBA Form 2483), the small business (through its

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authorized representative) was required to state, among other things, its: (a)
average monthly payroll expenses; and (b) number of employees. These figures
were used to calculate the amount of money the small business was eligible to
receive under the PPP. In addition, businesses applying for a PPP loan were
required to provide documentation showing their payroll expenses.

PPP loan applications were processed by a participating lender. If a PPP
loan application was approved, the participating lender funded the PPP loan
using its own monies, which were 100% guaranteed by the SBA. Data from the
application, including information from the borrower, the total amount of the
loan, and the listed number of employees, was transmitted by the lender to the
SBA in the course of processing the loan.

PPP loan proceeds were required to be used for certain permissible
expenses, including payroll costs, mortgage interest, rent, and utilities. Under
the applicable PPP rules and guidance, the interest and principal on the PPP
loan was eligible for forgiveness if the business spent the loan proceeds on these
expense items within a designated period of time and used a certain portion of
the loan towards payroll expenses.

Lender 1 was a financial institution based in Bedford, Texas that
participated in the SBA’s PPP as a lender and was authorized to lend funds to

eligible borrowers under the terms of the PPP.

Defendant’s Initials_/“?__ 19
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Beginning on an unknown date, but no later than on or about April 1,
2021, and continuing through on or about June 1, 2021, in the Middle District
of Florida, and elsewhere, the defendant, knowingly devised and intended to
devise a scheme and artifice to defraud, and to obtain money and property by
means of materially false and fraudulent pretenses, representations, and
promises in order to obtain PPP loans.

A copy of the PPP loan application for RB3 Ventures LLC, was obtained
from the loan provider, which shows that on or about March 30, 2021,
ROBERT WILLIAM BURNS (“BURNS”) submitted a PPP loan application
to Provider 1, which was a non-bank small business lender service provider.
Provider 1 participated in the SBA’s PPP as a lender service provider and
approved PPP loans on behalf of Lender 1.

The PPP loan application listed the business address for RB3 Ventures as
xxxx Duskywing Dr, Rockledge, FL 32955. The application listed the
defendant as self-employed, with an average gross income of $114,000. Based
on this information, the loan was approved, and funds were dispersed into
Chase Bank account ending in 5017 on April 14, 2021, in the amount of
$20,832.00.

The application and supporting documentation submitted by the

defendant shows materially false representations. The defendant falsely certified
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that the information provided in the application and supporting documents
were true and accurate in all material respects. Supporting documents submitted
by the defendant in the form of IRS tax documents were fictitious, and the
defendant inflated the amount of gross income listed to obtain a larger loan
amount. Tax records obtained from the IRS revealed no reported tax filings
from the defendant or RB3 Ventures for the 2020 tax year.

On the application, the defendant certified that the funds would be used
towards expenses related to his business. Once the loan was deposited by
Lender 1, the funds were not used for business purposes.

The IP address which was utilized and captured to complete the PPP
loan application identified the defendant with a home address of xxxx
Duskywing Drive, Rockledge, Florida. The defendant was located in the
Middle District of Florida when he submitted his PPP loan application to
Provider 1 servers which were located in Iowa and South Carolina data centers
at the time.

In addition to the PPP loan that the defendant fraudulently obtained for
RB3 Ventures LLC, the defendant also applied and obtained two additional
fraudulent loans through Lender 2. A summary of all three of the PPP loans

fraudulently obtained by the defendant is below:

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Loan | Applicant(s) Lender/ Provider Date Amount
Submitted

A RB3 Ventures LLC | Lender 1/Provider 1 3/30/2021 | $20,832.00

B Robert Burns dba | Lender 2 4/4/2021 | $18,177.00
The Social Wizards

Cc Robert Burns dba | Lender 2 4/13/2021 | $18,177.00
The Social Wizards

The defendant’s materially false, fraudulent, and misleading
representations caused Provider 1 and Lender 2 to approve at least three
fraudulent PPP loan applications, resulting in Lender 1 and Lender 2 depositing
approximately $57,186 in PPP funds into a Chase Bank account controlled by
the defendant. All of the PPP loan proceeds have since been used and spent on
various transactions not related to the intended purpose for the loans.

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
include, nor is it intended to include, all the events, persons involved, or other

information relating to this case.

Defendant’s Initials [HB 22


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