Carmine G. Agnello — Information
Summary
An Information filed by the United States Attorney in the U.S. District Court for the Eastern District of New York against Carmine G. Agnello, citing Title 18, United States Code, §§ 1343, 982(a)(2) and 982(b)(1) and Title 21, § 853(p). It opens with background on the COVID-19 pandemic, the national public health emergency declared on or about January 31, 2020 and the SBA's EIDL program. The Information alleges that institutions administering the program wire-transferred approximately $1.1 million in EIDL loans for Crown to accounts Agnello established, and that he used the proceeds to enrich himself, including by investing approximately $420,000 in a cryptocurrency business. It charges wire fraud and includes a forfeiture allegation.
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- 2026-09-25
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Full text
MRM:BTK
F. #2022R00347
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA INFORMATION
- against - Cr. No.
(T. 18, U.S.C., §§ 1343, 982(a)(2),
CARMINE G. AGNELLO, 982(b)(1) and 3551 et seq.; T. 21, U.S.C.,
§ 853(p))
Defendant.
---------------------------X
THE UNITED STATES ATTORNEY CHARGES:
INTRODUCTION
At all times relevant to this Information, unless otherwise indicated:
The COVID-19 Pandemic in the United States and the EIDL Program
1. In or about December 2019, a novel coronavirus, SARS-CoV-2, caused
outbreaks of the coronavirus disease COVID-19 that spread globally. On or about January 31,
2020, the Secretary of Health and Human Services declared a national public health emergency
under 42 U.S.C. § 247d as a result of the spread of COVID-19 to and within the United States.
On or about March 11, 2020, the Director-General of the World Health Organization
characterized COVID-19 as a pandemic. On or about March 13, 2020, the President of the
United States issued Proclamation 9994 declaring a national emergency beginning on March 1,
2020, as a result of the rapid spread of COVID-19 within the United States.
2
2. On or about March 27, 2020, the President signed into law the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was a
federal law designed to provide emergency financial assistance to the millions of Americans who
were suffering the economic effects caused by the COVID-19 pandemic.
3. One source of relief provided by the CARES Act was the Economic Injury
Disaster Loan (“EIDL”) program. The EIDL program was overseen by the Small Business
Administration (“SBA”) and was designed to provide long-term, low-interest loans for small
businesses affected by various natural and economic disasters. The CARES Act provided
funding for EIDLs for businesses affected by the COVID-19 pandemic. EIDL loan amounts
were determined based on the recipient businesses’ historical revenue and disbursed directly by
the SBA.
The Defendant and His Fraud Scheme
4. The defendant CARMINE G. AGNELLO was a resident of Smithtown,
New York. AGNELLO operated Crown Auto Parts & Recycling, LLC (“Crown”), through
which he committed the fraud described herein.
5. On or about and between April 4, 2020 and November 5, 2021, both dates
being approximate and inclusive, the defendant CARMINE G. AGNELLO engaged in a scheme
to defraud the SBA and several financial institutions administering the EIDL program of federal
COVID-19 emergency-relief funds meant for distressed small businesses. It was a part of the
scheme to defraud that AGNELLO submitted or caused to be submitted at least three online loan
applications to obtain funds through the EIDL program for Crown. It was further a part of the
scheme to defraud that these loan applications and certain supporting documentation contained
materially false and fraudulent information including, but not limited to, Crown’s number of
3
employees, the intended use of the applied-for loan proceeds, and the statement that AGNELLO
did not have a criminal record when, in fact, in 2018, AGNELLO was convicted of a
misdemeanor offense in a New York State Court, all of which was specifically designed to
mislead the SBA and financial institutions administering the EIDL program into disbursing
various loans, which it did.
6. In total, between approximately April 4, 2020 and November 5, 2021, as a
result of this fraudulent scheme, the SBA and financial institutions administering the EIDL
program wire-transferred sums totaling approximately $1.1 million in EIDL loans for Crown to
bank accounts that the defendant CARMINE G. AGNELLO established at bank branches in the
Eastern District of New York and elsewhere.
7. Shortly after receiving these loan proceeds, the defendant CARMINE G.
AGNELLO utilized the proceeds to enrich himself, including by investing approximately
$420,000 in a cryptocurrency business.
WIRE FRAUD
8. The allegations contained in paragraphs one through seven are realleged
and incorporated as if fully set forth in this paragraph.
9. On or about and between April 4, 2020 and November 5, 2021, both dates
being approximate and inclusive, within the Eastern District of New York and elsewhere, the
defendant CARMINE G. AGNELLO did knowingly and intentionally devise a scheme and
artifice to defraud the SBA and one or more financial institutions administering the EIDL
program, and to obtain money and property from the SBA and said financial institutions by
means of materially false and fraudulent pretenses, representations and promises, and for the
purpose of executing such scheme and artifice, to transmit and cause to be transmitted by means
4
of wire communication in interstate and foreign commerce, one or more writings, signs, signals,
pictures and sounds, to wit: fraudulent online applications for one or more EIDL loans for
Crown.
(Title 18, United States Code, Sections 1343 and 3551 et seq.)
CRIMINAL FORFEITURE ALLEGATION
10. The United States hereby gives notice to the defendant that, upon his
conviction of the offense charged herein, the government will seek forfeiture in accordance with
Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section
2461(c), which require any person convicted of such offense to forfeit any property, real or
personal, constituting, or derived from, proceeds obtained directly or indirectly as a result of
such offense.
11. If any of the above-described forfeitable property, as a result of any act or
omission of the defendant:
(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;
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