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Home Source documents Bill of Indictment — United States v. Izzat Freitekh and Tarik Freitekh (Dkt. 3, W.D.N.C.)

Bill of Indictment — United States v. Izzat Freitekh and Tarik Freitekh (Dkt. 3, W.D.N.C.)

Summary

A grand jury in the Western District of North Carolina charged Izzat Freitekh and Tarik Freitekh with conspiracy to commit wire fraud and with bank fraud over Paycheck Protection Program loans, and Izzat Freitekh alone with false statements, in a bill of indictment filed December 16, 2020. It alleges PPP applications for Green Apple Catering LLC, Aroma Packaging Systems, La Shish Catering and La Shish Kabob that overstated payroll and attached IRS Forms 940 and 941 that were never filed. Bank 1 disbursed $1 million to Green Apple on or about May 14, 2020, on an application claiming an average monthly payroll of $400,000; the account had held approximately $48.25 on May 1, 2020. Aroma Packaging and La Shish Catering each received $300,000, and La Shish Kabob $150,000. The forfeiture notice seeks at least $1,750,000 and seized funds including approximately $977,607.

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

Full text

                                                                                        FILED
                                        UN                                         CHARLOTTE, NC

                                                                                    DEC 1 6 2020
                       UNITED STATES DISTRICT COURT
                FOR THE WESTERN DISTRICT OF NORTH CAROLINA us DISTRICT COURT
                            CHARLOTTE DIVISION           WESTERN DISTRICT OF NC



UNITED STATES of AMERICA,                            )       18 U.S.C. § 1349
                                                     )       18 u.s.c. § 1343
        v.                                           )       18 U.S.C. § 1344(1) and (2)
                                                     )       18 U.S.C. § 1001
(1) IZZAT FREITEKH and                               )       18 u.s.c. § 2
(2) T ARIK FREITEKH                                  )
      a/k/a Tareq Freitekh                           )       3 .'10 L\2Jlt3S:;'
                                                     )

THE GRAND JURY CHARGES:

        At all times relevant to this Indictment:

                                            Background

                        Defendant and Related Entities and Individuals

        1.    IZZAT FREITEKH was a resident of the Western District of North Carolina.

        2.    TARIK FREITEKH, also ]mown as Tareq Freitekh, was the son of IZZAT

FREITEKH and a resident of California.

        3.    Individual A was married to IZZAT FREITEKH and was a resident of the Western

 District of North Carolina.

        4.    Bank 1 was a federally insured financial institution headquartered in Charlotte, North

 Carolina within the Western District of North Carolina. Bank 2 was a federally insured financial

 institution that was a subsidiary of a bank holding company located in Wyomissing, Pennsylvania.

         5.    Green Apple Catering LLC (hereinafter, "Green Apple") was a limited liability

 corporation formed in the State ofNorth Carolina on or about March 18, 2020. IZZAT FREITEKH

 was the company's registered agent.

         6.    Aroma Packaging Systems (hereinafter, "Aroma Packaging") was a sole

 proprietorship. IZZAT FREITEKH identified himself on bank records as the purported owner of


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 Aroma Packaging.

        7.    La Shish Catering was a sole proprietorship. IZZAT FREITEKH identified himself

 on bank records as the purported owner of La Shish Catering.

        8.    La Shish Kabob Restaurant was a restaurant located in Charlotte, No1ih Carolina,

 within the Western District of North Carolina. IZZAT FREITEKH and Individual A were the

 owners of La Shish Kabob Restaurant. At various times, La Shish Kabob was the business name

 used by IMS Food and Restaurants, LLC.

        9.    FinTech 1 was a financial technology company based in Florida and New Jersey.

 FinTech 1 was a Merchant Cash Advance (MCA) company that provided assistance to small

 businesses seeking funding, including the businesses owned by IZZAT FREITEKH.

        10.   FinTech 2 was a financial technology company based in Utah that matched

 businesses seeking funding with financing opportunities, including opportunities through the

 Paycheck Protection Program.

 Tlte Paycheck Protection Program

        11.   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 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 ce1iain other expenses, through a program referred to as the

 Paycheck Protection Program ("PPP").

        12.   In order to obtain a PPP loan, a qualifying business submitted 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



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 make certain affirmative certifications in order to be eligible to obtain the PPP loan. In the PPP

 loan application (Small Business Administration ("SBA") Form 2483), the small business (through

 its authorized representative) was required to provide, 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.

        13.    A PPP loan application was processed by a participating lender. If a PPP loan

 application was approved, the participating lender funded the PPP loan using its own monies.

 While the lender issued the PPP loan, the SBA provided a guarantee that the financial institution

 would be reimbursed. Data from the application, including info1mation about the bon·ower, 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.

        14.    PPP loan proceeds were required to be used by the business on certain permissible

 expenses such as payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the

 interest and principal on the PPP loan to be entirely forgiven if the business spent the loan proceeds

 on these expense items within a designated period of time and used a defined portion of the PPP

 loan proceeds on payroll expenses.

                                       Overview of the Fraud

         15.   As described further below, beginning on or about March 17, 2020, IZZAT

 FREITEKH and TARUC FREITEKH submitted, and caused to be submitted, fraudulent loan

 applications to Bank 1 and FinTech 1 in order to obtain funds through PPP.

         16.   After receiving the PPP loan proceeds, IZZAT FREITEKH and TARIK FREITEKH

 used the funds for improper expenses and caused the funds to be tr·ansferred among various bank




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accounts in the name ofIZZAT FREITEKH and associated entities.

                                   Purpose of the Conspiracy

        17.    It was the purpose of the scheme for IZZAT FREITEKH and T ARIK FREITEKH to

unjustly emich themselves and others by obtaining PPP loan proceeds under false and misleading

pretenses, including by making false statements about the number of employees and by providing

 false documentation.

                                       Manner and Means

 The Green Apple PPP Application

        18.    Banlc 1 accepted PPP applications through an electronic p01ial which applicants used

 to upload documents and information. On or about May 1, 2020, an application for a $1 million

 PPP loan for Green Apple was transmitted tln·ough Bank 1's electronic portal. The application

 represented that Green Apple had an average monthly payroll of $400,000.

        19.    As paii of the application, IZZAT FREITEKH electronically signed, or caused to be

 signed, an Application Addendum on which he identified himself as Green Apple's authorized

 representative. The Application ce1iified that "the applicant was in operation on Febrnary 15, 2020

 and had employees for whom it paid salaries and payroll taxes or paid independent contractors, as

 reported on Forms 1099-MISC."

        20.    IZZAT FREITEKH signed, or caused to be signed, a Bank 1 promissory note, which

 attested: "Borrower certifies that the information provided in the Application and the inf01mation

 that Borrower provided in all supp01iing documents and forms is true and accurate in all material

 respects. Borrower aclmowledges that lmowingly making a false statement to obtain a guaranteed

 loan from SBA is punishable under the law, including under 18 USC 1001 and 3571."

         21.   The Green Apple PPP application included false and fraudulent information about



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 its purported payroll, as well as fraudulent documentation purporting to establish that Green Apple

 made substantial monthly payroll disbursements.

               a.      The Green Apple PPP application included a document entitled "Green

  Apple Catering Payroll Smmnary 2019," which represented that Green Apple had an Employer

  Identification Number (EIN) of xx-xxx7219. The docmnent provided that Green Apple disbursed

  $4,800,000 in "gross pay" in 2019 to 23 employees. The document further represented that Green

  Apple took the following deductions in 2019: $1,740,320.50 for federal tax; $275,568.75 for

 North Carolina State Tax; and $128,400 for Social Security. In fact, Green Apple did not receive

  its EIN until March 17, 2020. Moreover, at the time the PPP application was submitted to Bank

  1, neither Green Apple nor IZZAT FREITEKH had filed federal taxes with the Internal Revenue

  Service ("IRS") for tax year 2019.

               b.      The Green Apple PPP application included an IRS Form 940 electronically

  signed by IZZAT FREITEKH purporting to show that, in 2019, Green Apple made $4,800,000

  in payments to employees. In fact, no such Form 940 was ever filed with the IRS on behalf of

  Green Apple.

               c.      The Green Apple PPP application included an IRS Form 941 electronically

  signed by IZZAT FREITEKH purporting to show that Green Apple paid $1,200,000 in wages to

  employees during the first quarter of 2020. In fact, no such Form 941 was ever filed with the IRS

  on behalf of Green Apple.

        22.   On or about May 14, 2020, Bank 1 funded the loan by disbursing $1 million to Ban!,

 1 checking account x-1388 for Green Apple ("the Green Apple Account"). Account opening

 documents for the Green Apple Account were submitted to Ban!, 1 on or about March 18, 2020.

 IZZAT FREITEKH was listed as the sole authorized person on the account opening documents.



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 As of May 1, 2020, prior to the receipt of the PPP loan funds, the Green Apple Account had a

 balance of approximately $48.25.

        23.   On or about May 14, 2020, a tax preparer sent a message to the email account for

 TARIK FREITEKH (hereinafter, "the TARIK FREITEKH Email Account") stating, in relevant

 part, "Greetings Tarik! It was a pleasure working with you. Please provide the breakdown for

 Green Apple with 23 employees and monthly payroll $400,000." The TARIK FREITEKH Email

 Account responded with a list of salaries for the various positions at Green Apple.

        24.   On or about May 16, 2020, the TARIK FREITEKH Email Account sent a message

 to the tax preparer regarding Green Apple. The message stated, in relevant part, "I just spoke with

 the company that is preparing our loan applications. They informed me that [t]he SBA just

 released an 11 page application for the loan forgiveness." In addition, the message contained a list

 of salaries for various positions at Green Apple.

        25.   On or about May 30, 2020, the email account for IZZAT FREITEKH (hereinafter,

 "the IZZAT FREITEKH Email Account") forwarded a message to the TARIK FREITEKH Email

 Account. The message contained "important tax information for GREEN APPLE LLC" and

 provided infonnation for accessing tax forms electronically.




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 The Aroma Packaging PPP Application

        26.   On or about April 22, 2020, an application for a $380,000 PPP loan was submitted

to FinTech 2. The application was never finalized or funded.

        27.   On or about April 30, 2020, an application for a $350,000 PPP loan for Aroma

 Packaging was transmitted through Bank l's electronic portal. The application represented that

 Aroma Packaging had an average monthly payroll of $120,000.

        28.   As part of the application, IZZAT FREITEKH electronically signed, or caused to be

 signed, an Application Addendum, on which he identified himself as Aroma Packaging's

 authorized representative.   The Application Addendum certified that "the applicant was in

 operation on February 15, 2020 and had employees for whom it paid salaries and payroll taxes or

 paid independent contractors, as reported on Forms 1099-MISC."

        29.   IZZAT FREITEKH signed, or caused to be signed, a Bank 1 promissory note, which

 attested: "Borrower ce1iifies that the information provided in the Application and the information

 that Bonower provided in all supporting documents and forms is true and accurate in all material

 respects. Borrower acknowledges that knowingly making a false statement to obtain a guaranteed

 loan from SBA is punishable under the law, including under 18 USC 1001 and 3571."

        30.   The Aroma Packaging PPP application included false and fraudulent information

 about its purported payroll, as well as fraudulent documentation purpmiing to establish that Aroma

 Packaging made substantial monthly payroll disbursements.

               a.      The Aroma Packaging PPP application included a document entitled "2019

  Payroll Processor Records," which represented that Aroma Packaging disbursed $1,440,000 in

  "gross salaries" to 11 employees in 2019.       The document further represented that Aroma

  Packaging took the following deductions in 2019: $512,750.30 for federal tax; $82,800 for North



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 Carolina State Tax; and $89,280 for Social Security. In fact, Aroma Packaging never filed federal

 taxes with the IRS for tax year 2019.

              b.       The Aroma Packaging PPP application included an IRS Fonn 940

 electronically signed by IZZAT FREITEKH purporting to show that in 2019 Aroma Packaging

 made $1,440,000 in payments to employees. In fact, no such Form 940 was ever filed with the

 IRS on behalf of Aroma Packaging.

               c.      The Aroma Packaging PPP application included an IRS Form 941

 electronically signed by IZZAT FREITEKH purporting to show that Aroma Packaging paid

 $360,000 in wages during the first quatier of 2020. In fact, no such Form 941 was ever filed with

 the IRS on behalf of Aroma Packaging.

        31.   On or about May 6, 2020, Bank 1 funded the loan by disbursing $300,000 to Bank 1

 account x-4239 in the name of IZZAT FREITEKH Sole Prop DBA Aroma Packaging Systems

 (the "Aroma Account"). IZZAT FREITEKH and TARIK FREITEKH were listed among the five

 authorized persons for the Aroma Account. As of May 1, 2020, prior to the receipt of the PPP

 funds, the Aroma Account had a balance of $200.14.

        32.   On or about May 13, 2020, the TARlK FREITEKH Email Account received a

 message from the tax preparer verifying the spelling for Green Apple, Aroma Packaging, and La

 Shish Catering. On or about May 14, 2020, the T ARlK FREITEKH Email Account replied to that

 message, stating, in relevant pati, "I just wanted to check if all is going well regarding the tln·ee

 companies filing. Thank you. Kind Regards, Tarik Freitekh."

        33.    Following the receipt of the PPP funds in the Aroma Account, multiple large

 transfers were made from the Aroma Account to other accounts in the name ofIZZAT FREITEKH

 and associated entities, including the following transfers on or about May 7, 2020:



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              a. Approximately $150,000 to Bank 1 checking account x-5182 in the name ofIZZAT

                 FREITEKH;

              b. Approximately $70,000 to Bank 1 checking account x-6067 in the name of "Izzat

                 Freitekh Sole Prop DBA Izzat Freitekh La Shish Catering"; and

              c. Approximately $149,000 to a Bank 1 checking account x-4803 in the name of

                 "DBA Freitekh Ente1iainment Izzat Freitekh Sole Prop."

 The La Shislt Kabob, La Sltish Catering and IMS Food and Restaurants PPP Applications

        34.     Beginning on or about April 7, 2020, and continuing through May 2020, IZZAT

 FREITEKH, and TARIK FREITEKH submitted, and caused to be submitted, multiple PPP

 applications to Bank 1 and FinTech 1 for IMS Food and Restaurants; IMS Food and Restaurants

 LLC; La Shish Catering; and La Shish Kabob.

        35.     These applications included an application on or about April 7, 2020, for a $150,000

 PPP loan for La Shish Kabob ("La Shish Kabob Application") that was submitted to FinTech 1

 through FinTech 2.

        36.     The La Shish Kabob Application stated that La Shish Kabob had an average monthly

 payroll of $6,000 and 12 employees. IZZAT FREITEKH and Individual A were each listed on

 the application as cofounders with 50% ownership of La Shish Kabob. The La Shish Kabob

 Application included an electronic signature purpotiedly made by Individual A.

        37.     The La Shish Kabob Application included a ce1iification, purpmiedly signed by

 Individual A, that "the applicant was in operation on February 15, 2020 and had employees for

 whom it paid salaries and payroll taxes or paid independent contractors, as reported on Form(s)

 1099-MISC."




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        38.    Additionally, the La Shish Kabob Application included a certification, purportedly

 signed by Individual A, "that the information provided in this application and the information

 provided in all supporting documents and forms is true and accurate in all material respects. I

 understand that knowingly making a false statement to obtain a guaranteed loan from [the United

 States Small Business Administration] is punishable under the law, including under 18 USC 1001

 and 3571."

        39.    The La Shish Kabob Application included a 2019 IRS Form 1040, which indicated

 that the form had been filed jointly by IZZAT FREITEKH and Individual A. However, no such

 IRS Form 1040 was ever filed with the IRS.

        40.    On or about April 8, 2020, a FinTech 2 representative received an email from the

 IZZAT FREITEKH Email Account on which the T ARIK FREITEKH Email Account and the

 email account for Individual A (hereinafter, "the Individual A Email Account") were copied. The

 email read, in relevant part, "Thank you for helping us getting [sic] a loan, please find a copy of

 my DL as requested, our Restaurant is considered one of the best restaurants in Charlotte and

 surrounding areas." A copy of the driver's license for IZZAT FREITEKH was attached to the

 message.

         41.   On or about April 22, 2020, a FinTech 2 representative received an email from the

 IZZAT FREITEKH Email Account, which read:

         Other than La shish we own two more business [sic], IMS food and Aroma Packaging
         systems. We have 9 employees in aroma and 12 in IMS food. Can we apply for another
         SBA loan for each business? Also we have not heard back from [FinTech I]. But we got
         the email that they hired 200 more employees because how busy they are.
                Thank you.
                Izzat Freitekh

         42.   On or about April 28, 2020, FinTech 1 received a message from the Individual A

  Email Account, with copy to the IZZAT FREITEKH Email Account. The email read:


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        Thank you so much for your help. My husband and I are very thankful. We were
        wondering how long it may take for the loan amount to be deposited into our [Bank 1] La
        shish kabob business account. Our Restaurant is considered one of the best restaurants in
        Charlotte and surrounding areas. We have to take care of our employees and clients as
        they have been with us since we started in 2008. . . . I hope you will be able to expedite
        depositing the amount.
                Thank you so much. We really appreciate it.
                Kind regards,
                [Individual A]

        43.    On or about April 30, 2020, FinTech I sent an email to the Individual A Email

 Account, stating, in relevant part: "Your application was completed and is currently in our funded

 queue. There is a slight delay due to the amount of applications in the queue." FinTech 1 received

 the following response:

        ... Roughly how many days do you think it might take us to be on top of the Queue. That
        will help us plan our scheduled payments. If you are ever in Charlotte NC[, yJou are invited
        to our restaurant anytime to enjoy our food on us. Thank again and I hope you have a great
        day.
                Kind Regards,
                [Individual A]
                La Shish kabob

        44.    In addition to the La Shish Kabob Application, on or about April 14, 2020, an

 application for a $300,000 PPP loan for La Shish Catering (the "La Shish Catering Application")

 was transmitted through Bank 1's electronic portal. The La Shish Catering Application included

 the same false and fraudulent IRS Form 1040 for IZZAT FREITEKH and Individual A included

 with the La Shish Kabob Application.

         45.   The La Shish Catering Application included false and fraudulent payroll summaries

 for thirteen purported employees of La Shish Catering.

         46.   On or about May 5, 2020, Bank 1 checking account x-6067 in the name of "Izzat

 Freitekh Sole Prop DBA Izzat Freitekh La Shish Catering" was funded with $300,000 based on

 the La Shish Catering Application.



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        47.   On or about May 6, 2020, Bank 2 funded the PPP loan based on the La Shish Kabob

 Application with a payment of$150,000 to Bank I checking account x-6067 in the name of"Izzat

 Freitekh Sole Prop DBA Izzat Freitekh La Shish Catering."

        48.   IZZAT FREITEKH was listed as the sole authorized person on the account opening

 documents for checking account x-6067 in the name of "Izzat Freitekh Sole Prop DBA Izzat

 Freitekh La Shish Catering." As of May I, 2020, prior to the receipt of the PPP loan funds, the

 account had a balance of $9,883.08.

        49.   Following the receipt of the PPP funds, there were multiple large transfers to other

 accounts in the name ofIZZAT FREITEKH and associated entities, including two transfers, on or

 about May 6, 2020, of approximately $150,000 to the Bank 1 checking account x-5182 in the name

 of IZZAT FREITEKH and approximately $200,000 to Bank 1 checking account x-4803 in the

 name of"DBA Freitekh Entertainment Izzat Freitekh Sole Prop."

        50.     The PPP applications submitted to Bank I beginning on or about April 14, 2020

 and continuing until on or about May 1, 2020, in the name of IMS Food and Restaurants, IMS

 Food and Restaurants LLC, and La Shish Catering listed an EIN ofxx-xxx2365. In fact, this EIN

 belonged to a different, unrelated entity located in Florida, Entity 1. After IZZAT FREITEKH

 and T ARIK FREITEKH submitted and caused to be submitted applications to Bank 1 using EIN

 xx-xxx2365, Entity 1 also applied for a PPP loan. Entity l's request was rejected because La Shish

 Catering had already been granted a PPP loan using that same EIN.




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                                    COUNT ONE
                        (CONSPIRACY TO COMMIT WIRE FRAUD)

        51.   The Grand Jury re-alleges and incorporates by reference paragraphs 1 through 50 of

 this Indictment.

        52.    From March 2020 through July 2020, the exact dates to the Grand Jurors unknown,

 in the Western District of North Carolina and elsewhere, the defendants,

                                   (1) IZZAT FREITEKH and
                      (2) TARIK FREITEKH, also known as TAREQ FREITEKH,

 lmowingly and intentionally, that is, with the intent to advance the conspiracy, did combine,

 conspire, and agree with each other and with others known and unknown to the Grand Ju1y to

 commit wire fraud, that is, to knowingly and willfully, and with the intent to defraud, having

 devised and intending to devise a scheme and artifice to defraud, and to obtain money and property

 by meij,ns of materially false and fraudulent pretenses, representations, and promises, !mowing

 such pretenses, representations, and promises were false and fraudulent when made, transmitted

 and caused to be transmitted, by means of wire communications in interstate and foreign

 commerce, writings, signs, signals, pictures, and sounds, for the purposes of executing such

 scheme and artifice, in violation of Title 18, United States Code, Section 1343.

                                    Pm-poses of the Conspiracy

        53.    The Grand Jury realleges and incorporates by reference paragraph 17 of this

 Indictment as a description of the purposes of the conspiracy.

                               Manner and Means of the Conspiracy

        54.    The Grand Jury realleges and incorporates by reference paragraphs 18 to 44 of this

 Indictment as a description of the manner and means of the conspiracy.

        All in violation of Title 18, United States Code, Section 1349.



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                                          COUNT TWO
                                       (Bank Fraud Scheme)

         55.   Paragraphs 1 through 50 of the Indictment are incorporated by reference as if fully

 set forth herein.

         56.   From in or around March 2020 through July 2020, the exact dates to the Grand Jurors

 unknown, in the Western District of North Carolina, and elsewhere, the defendants,

                                   (1) IZZAT FREITEKH and
                     (2) TARIK FREITEKH, also known as TAREQ FREITEKH,

 aided and abetted by each other and others known and unknown to the Grand Jury, knowingly

 executed and attempted to execute a scheme and artifice (1) to defraud financial institutions and

 (2) to obtain moneys, funds, credits, assets, securities, or other property owned by, or under the

 custody or control of, financial institutions, by means of false and fraudulent pretenses,

 representations, and promises.

         All in violation of Title 18, United States Code, Sections 1344(1) and (2) and 2.




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                                          COUNT THREE
                                       (FALSE STATEMENTS)

        57.     Paragraphs 1 through 50 are incorporated by reference as if fully set forth herein.

         58.     On or about July 27, 2020, defendant IZZAT FREITEKH, in a matter within the

 jurisdiction of the executive branch of the Government of the United States, knowingly and

 willfully made the following materially false, fictitious, or fraudulent statement or representations,

 including that:

               a. A representative from a company called "Kyber Capital" contacted him and offered

                   to apply for SBA loans on IZZAT FREITEKH's behalf in exchange for a portion

                   of the loan proceeds.

               b. Kyber Capital completed and submitted the loan applications purportedly

                   submitted by IZZAT FREITEKH and Individual A.

               c. Neither IZZAT FREITEKH nor Individual A used the Individual A Email Account

                   or the IZZAT FREITEKH Email Account.

               d. IZZAT FREITEKH provided Kyber Capital with the login information for the

                   IZZAT FREITEKH Email Account and the Individual A Email Account.

        All in violation of Title 18, United States Code, Section 100l(a)(2).




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              NOTICE OF FORFEITURE AND FINDING OF PROBABLE CAUSE

        Notice is hereby given of 18 U.S.C. § 982 and 28 U.S.C. § 2461(c). Under Section 246l(c),

 criminal forfeiture is applicable to any offenses for which forfeiture is authorized by any other

 statute, including but not limited to 18 U.S.C. § 981 and all specified unlawful activities listed or

 referenced in 18 U.S.C. § 1956(c)(7), which are incorporated as to proceeds by Section

 981 (a)(l )(C). The following prope1ty is subject to forfeiture in accordance with Section 982 and/or

 246l(c):

        a.       All prope1ty which constitutes or is derived from proceeds of the violations set forth

                 in this bill of indictment; and

         b.      If, as set forth in 21 U.S.C. § 853(p), any property described in (a) cannot be located

                 upon the exercise of due diligence, has been h·ansferred or sold to, or deposited

                 with, a third party, has been placed beyond the jurisdiction of the court, has been

                 substantially diminished in value, or has been commingled with other prope1ty

                 which cam10t be divided without difficulty, all other property of the defendant/s to

                 the extent of the value of the property described in (a).

         The Grand Jury finds probable cause to believe that the following property is subject to

 forfeiture on one or more of the grounds stated above:

         a.      A forfeiture money judgment in the amount of at least $1,750,000, such amount

                 constituting the proceeds of the violations set forth in this bill of indictment;

         b.      Approximately $977,607 in funds seized by law enforcement in or around July

                 2020 from Bank of America Account x-1388, such account held in the name of

                 Green Apple Catering LLC;




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Case: 3:20-cr-00435-FDW-DCK *SEALED* Document 3 Filed 12/16/2020 Page 16 of 17
      c.            Approximately $36,600 in funds seized by law enforcement in or around July 2020

                    from Bank of America Account x-4239, such account held in the name of Izzat

                    Freitekh Sole Prop DBA Aroma Packaging Systems;

       d.           Approximately $7,863 in funds seized by law enforcement in or around July 2020

                    from Bank of America Account x-6067, such account held in the name of Izzat

                    Freitekh Sole Prop DBA lzzat Freitekh La Shish Catering;

       e.           Approximately $78,217 in funds seized by law enforcement in or amund July 2020

                    from Bank of America Account x-4803, such account held in the name of DBA

                    Freitekh Entertainment Izzat Freitekh Sole Prop; and

       f.           Approximately $200,020 in funds seized by law enforcement in or around July

                    2020 from Bank of America Account x-5182, such account held in the name of

                    Izzat Freitekh.


                                                         A.TRUE BILL:


                                                         GRAND JURY FOR~PEH.~UN -

          R. ANDREW MURRAY
          UNITED STATES ATTORNEY

      (       .,.                b1-t1({J,
          J         Y    US SUGAR
              SSITANT UNITED STATES ATTORNEY

          DANIEL S. KAHN
          ACTING CHIEF, FRAUD SECTION, CRIMINAL DIVISION
          U.S. DEPARTMENT OF JUSTICE

     C. )_vo!V\ <Jv, l:,;e,hr{O,b .~-{J
            OSHUA DEBOLD
          TRIAL ATTORNEY
          FRAUD SECTION, CRIMINAL DIVISION




                                                    17
Case: 3:20-cr-00435-FDW-DCK *SEALED* Document 3 Filed 12/16/2020 Page 17 of 17


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