Criminal Complaint — United States v. Michael J. Moller (No. 1:20-mj-00073, D.R.I.)
Summary
A criminal complaint (AO 91) against Michael J. Moller, a/k/a Michael Robinson, Case 1:20-mj-00073-LDA, filed September 18, 2020 as Document 3 in the U.S. District Court for the District of Rhode Island and sworn before U.S. Magistrate Judge Lincoln D. Almond. It charges making a false statement to influence the SBA under 15 U.S.C. § 645(a) (Count One) and bank fraud under 18 U.S.C. § 1344(2) (Count Two), based on an affidavit of FBI Special Agent Kimberly Jo Lawrence. The affidavit states that Moller applied for at least eleven (11) SBA-guaranteed PPP loans in the names of four (4) purported construction and remodeling companies, seeking at least $4,725,742.65, and that $599,251 was disbursed. It states Farmer's State Bank funded a $212,100 loan for Top Notch Tile on or about April 8, 2020, and that no payroll payments were identified.
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“Criminal Complaint — United States v. Michael J. Moller (No. 1:20-mj-00073, D.R.I.).”
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Case 1:20-mj-00073-LDA Document 3 Filed 09/18/20 Page 1 of 1 PageID #: 3
AO 91 (Rev. 11/11) Criminal Complaint
UNITED STATES DISTRICT COURT
for the
District of
__________ RhodeofIsland
District __________
United States of America )
v. )
) Case No. 1:20MJ73LDA
Michael J. Moller, a/k/a Michael Robinson )
)
)
)
Defendant(s)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of April 6 through April 14, 2020 in the county of in the
District of Rhode Island , the defendant(s) violated:
Code Section Offense Description
15 U.S.C. § 645(a); and Making False Statement to Influence the SBA; and
18 U.S.C. § 1344(2) Bank Fraud
This criminal complaint is based on these facts:
See the attached Affidavit of Special Agent Kimberly Jo Lawrence, of the Federal Bureau of Investigation ("FBI").
✔ Continued on the attached sheet.
u
Complainant’s signature
Special Agent Kimberly Jo Lawrence - FBI
Printed name and title
Sworn to before me and signed in my presence.
Date: September 18, 2020
Judge’s signature
City and state: Providence, Rhode RI
Narragansett Island Lincoln D. Almond, U.S. Magistrate Judge
Printed name and title
Case 1:20-mj-00073-LDA Document 3-1 Filed 09/18/20 Page 1 of 20 PageID #: 4
AFFIDAVIT
I, Kimberly Jo Lawrence, being duly sworn, hereby depose and state as follows:
1. I am a Special Agent at the Federal Bureau of Investigation (“FBI”). I have been
a Special Agent with the FBI for 19 years. I am presently assigned to the Crisis
Management/Special Events Squad of the FBI’s Boston Division. My responsibilities include
the investigation of violations of federal law. During my employment with the FBI, I have
participated in a variety of criminal investigations, particularly in the areas of crimes against
children, public corruption, white collar crime, violent crimes, narcotics and terrorism
investigations.
2. This affidavit is submitted in support of a criminal complaint and arrest warrant
against MICHAEL MOLLER, a/k/a “Michael Robinson” (“MOLLER”) 1. As will be shown
below, there is probable cause to believe that from on or about April 6, 2020 through August 14,
2020, MOLLER (i) knowingly made false statements for the purpose of obtaining a loan and for
the purpose of influencing in any way the action of the Small Business Administration, in
violation of 15 U.S.C. § 645(a) (Count One – Making False Statement to Influence the SBA);
and (ii) knowingly executed a scheme to obtain money, funds and property owned by, or under
1
Michael Moller has a criminal history that includes a 2010 federal conviction for fraud in the
District of Massachusetts for which he received a sentence of 24 months of supervised release,
from 5/24/2011-11/19/2013. During Moller’s term of supervised release he committed and was
convicted of four (4) counts of bank robbery in the District of Massachusetts. Moller was
sentenced to 108 months in jail and three (3) years of supervised release. The term of supervised
release commenced on 7/19/2019 and is scheduled to terminate on 7/18/2022.
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the custody and control of, a financial institution, by means of false and fraudulent pretenses,
representations and promises, in violation of 18 U.S.C. § 1344(2) (Count Two – Bank Fraud).
3. As set forth below, investigation has revealed that defendant MICHAEL
MOLLER applied for loans guaranteed by the Small Business Administration (“SBA”) designed
to assist small businesses and their employees during the coronavirus crisis. MOLLER, alone or
with the assistance of family members and associates, applied for at least eleven (11) loans in his
own name and in the names of his father, the son of his girlfriend and the brother of his
girlfriend. In these various applications, MOLLER applied for loans in the names of four (4)
different companies purporting to perform construction and remodeling work. The applications
listed numerous of the same employees as working for the different companies and provided
overlapping information concerning the companies. The number of individuals employed at the
same company varied from 9 to 37 in different applications. In truth, none of the companies
employed the number of individuals identified or paid the wages represented in the applications.
In total, MOLLER fraudulently sought at least $4,725,742.65 in forgivable loans guaranteed by
the SBA by claiming to have dozens of employees earning wages at four different business
entities when, in truth and in fact, there were little to no employees working for any of the listed
entities when the loan applications were submitted. Through these fraudulent applications,
MOLLER caused $599,251 in funds to be disbursed and personally received approximately
$584,100 in fraudulent funds derived from these loans.
The CARES ACT and the Paycheck Protection Program
4. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal
law enacted on March 29, 2020 and designed to provide emergency financial assistance to the
millions of Americans who are suffering the economic effects caused by the COVID-19
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pandemic. One source of relief provided by the CARES Act was the authorization of up to $349
billion in forgivable loans to small businesses for job retention and certain other expenses,
through a program referred to as the Paycheck Protection Program (“PPP”). In or around April
2020, over $300 billion in additional PPP funding was authorized by Congress.
5. The PPP allows qualifying small-businesses and other organizations to receive
loans with a maturity of 2 years and interest rate of 1%. PPP loan proceeds must be used by
businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest
and principal to be forgiven if businesses spend the proceeds on these expenses within 24 weeks
of receipt and use at least 60% of the forgiven amount for payroll. The amount of PPP funds a
business may receive is determined by the number of employees employed by the business and
their average payroll costs for a period of eight weeks. Businesses applying for a PPP loan must
provide documentation, such as IRS Forms 940 and 941, to confirm that they have in the past
paid employees the compensation listed on the application.
6. The PPP is overseen by the Small Business Administration (“SBA”), which is
headquartered at 409 3rd Street SW, Washington, DC 20416, and has authority over all loans.
Individual PPP loans, however, are issued by private approved lenders (most commonly, banks
and credit unions), who receive and process PPP applications and supporting documentation, and
then make loans using the lenders’ own funds. To date, over 4,900 private lenders have
participated in the PPP.
Farmer’s State Bank PPP Loan Application of Michael Moller, d/b/a “Top Notch Tile”
7. A loan application under the PPP was received by The Farmer’s State Bank of
Oakley, Kansas (“Farmer’s State Bank”) on or about April 6, 2020. The loan application was
from MICHAEL MOLLER, d/b/a “Top Notch Tile,” and requested a loan in the amount of
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$212,100. The documents provided indicate that MOLLER refers to Top Notch Tile
interchangeably as “TNT Tile” throughout the application. The application indicates that the
average monthly payroll of Top Notch Tile is $84,861.05 with 10 employees. The email address
listed on the application is mollermichael0418@gmail.com. Subscriber records obtained from
Google have identified that mollermichael0418@gmail.com is registered to MICHAEL
MOLLER. The business address of Top Notch Tile is identified as “3 Rollin Green Dr., Unit C,
Fall River, MA 02720”; a misspelling of Rolling also occurs in another PPP loan application
identified below. The 100% owner of Top Notch Tile is listed as MOLLER. The application
indicates that the business was established on January 6, 2020. The telephone number used on
the application is (508) 493-7973. Records obtained from AT&T for telephone number 508-493-
7973 identify the subscriber for this phone number as S.B., the girlfriend of MOLLER.
8. According to the Massachusetts Secretary of State, Division of Corporation’s
website, neither Top Notch Tile nor TNT Tile were ever incorporated in MA. There is a defunct
MA corporation named Top Notch Tile, Inc. that was incorporated from 1986-1992, which
appears to have no relationship to MOLLER.
9. An IRS 941 Form was submitted by MOLLER in support of the loan application.
A 941 Form is the Employers Quarterly Federal Tax Form. The 941 Form provided for Michael
Moller d/b/a TNT Tile lists wages for 2020 1st Quarter to be $254,583.15. The section asking for
the number of employees indicates that the business has 10 employees. The phone number
utilized on the 941 Form is 774-955-4527. Records obtained from AT&T for telephone number
774-955-4527 have identified that the subscriber for this phone number is S.B., the girlfriend of
MOLLER. The business address of TNT Tile on the 941 Form is identified as 3 Rolling Green
Dr., Unit C, Fall River, MA 02720.
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10. “Payroll Summary” reports for January through February 2020 were provided to
Farmer’s State Bank with the application for Michael Moller d/b/a TNT Tile. The Payroll
Summary report for January and February 2020 identifies $203,779.92 in wages. The Payroll
Summary report identifies F.B., L.M., M.S., Michael Moller, R.M., R.M., S.B., S.C. and S.J. as
employees of Top Notch Tile.
11. Agents have been unable to identify any bank accounts that were opened in the
name of Top Notch Tile or TNT Tile. In bank accounts that were opened in the name of
MOLLER, there are no payments made since at least May 13, 2019 to any of the individuals
identified in the PPP application to be employees of Top Notch Tile or TNT Tile. Indeed, there
are no checks that appear to be payroll related in any account associated with MOLLER.
12. On April 8, 2020, MOLLER communicated with Farmer’s State Bank via email
that he wanted the funds wired to his Citizens Bank account. Farmer’s State Bank funded the
loan transfer on or about April 8, 2020 in name of Michael Moller d/b/a Top Notch Tile, “Loan
Proceeds” for $212,100. Between April 8, 2020 and June 16, 2020, MOLLER withdrew
$55,611.98 in cash, $128,859.85 was utilized for online money transfer applications, and the
remainder of the funds were transferred to other accounts or spent on items that appear personal
in nature. No funds have been identified that appear to be for the issuance of payroll or business
operations. The balance in the account on June 16, 2020 was -$656.76.
13. On June 12, 2020, a Special Agent for the IRS Criminal Investigation spoke to an
individual at the Massachusetts Department of Revenue, Division of Taxation in response to an
order issued by the Court for production of Massachusetts tax records. The agent was informed
that no employer wages were ever reported for Moller d/b/a Top Notch Tile or TNT Tile. The
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agent was also informed that none of the employees identified in the application by MOLLER
reported any income derived from Moller d/b/a Top Notch Tile or TNT Tile.
14. On or about July 9, 2020, the IRS Disclosure Office, in response to a court order,
advised that it had no records of any sort concerning Top Notch Tile or TNT Tile. The IRS
Disclosure Office further advised that it had no record of any Form 941 forms having ever been
filed by Top Notch Tile or TNT Tile.
$564,769 PPP Application Submitted to Farmer’s State Bank
in the Name of M.S., d/b/a “Alves Top Notch”
15. After receiving $212,100 from the Farmer’s State Bank on April 8, 2020
following the loan application submitted in his name for Top Notch Tile, MOLLER attempted to
obtain further PPP proceeds by submitting applications in the name of M.S., d/b/a “Alves Top
Notch,” identified as a Massachusetts business. M.S. is believed to be the 21 year old son of
MOLLER’s girlfriend, S.B. According to the Massachusetts Secretary of State, Division of
Corporation’s website, Alves Top Notch Tile was never incorporated in MA nor is M.S. an
officer of any MA corporation.
16. On April 13, 2020, MOLLER sent an email to the representative of Farmer’s
State Bank who had assisted him in securing the PPP loan in his name. In this email, MOLLER
wrote that he has a “friend” who also needs a PPP loan. On or about April 24, 2020, MOLLER,
from email account mollermichael0418@gmail.com, submitted to Farmer’s State Bank a PPP
application in the name of M.S., d/b/a “Alves Top Notch.” In this PPP application, MOLLER
represented that Alves Top Notch had 37 employees and an average monthly payroll of
$225,907.86. The application requested a loan in the amount of $564,769.65.
17. On or about April 24, 2020, the representative at Farmer’s State Bank emailed
MOLLER that the PPP application he submitted in the name of M.S. was “a little suspicious”
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because M.S. had previously been listed as one of MOLLER’s employees in MOLLER’s own
application and that it was uncertain how M.S. could have gone from an employee in one
business to the owner of another business with 37 employees and a large payroll in such a short
period of time. Later that day, Farmer’s State Bank denied the PPP application submitted in the
name of M.S., d/b/a “Alves Top Notch.”
18. Agents have been unable to identify any bank accounts that were opened in the
name of Alves Top Notch. In bank accounts that were opened in the name of MOLLER and
M.S., there are no payments made since at least May 11, 2019 to any of the individuals identified
in the PPP application to be employees of Alves Top Notch. Indeed, there are no checks that
appear to be payroll related in any account associated with MOLLER or M.S.
$734,300 PPP Applications in the name of M.S., d/b/a “Alves Top Notch”
19. Following the submission of the PPP application for Alves Top Notch to Farmer’s
State Bank, three additional loan applications under the PPP, each requesting a loan in the
amount of $734,300 and which contained nearly identical information, were filed in the name of
M.S., d/b/a “Alves Top Notch.” A loan application under the PPP was received by BankNewport
on or about April 23, 2020. A second loan application under the PPP was received by The
Washington Trust Company on or about April 27, 2020. A third loan application under the PPP
was received by Northeast Bank via Lendio.com on or about April 28, 2020. The loan
applications were all in the name of M.S., d/b/a “Alves Top Notch” and each requested a loan in
the amount of $734,300. The applications all indicate that the average monthly payroll of Alves
Top Notch is $293,720 with 37 employees. The email address listed on the applications is
alvestopnotch@yahoo.com . The business address of Alves Top Notch is identified as 224 Plain
St, Fall River, MA 02723. The 100% owner of Alves Top Notch listed on each of the
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applications is M.S. M.S.’s residential address on the BankNewport loan is listed as 224 Plain
St, Fall River, MA 02723, the same operating address as was provided for Alves Top Notch.
M.S.’s residential address on the Washington Trust and Northeast Bank loans is 558 Third
Street, Fall River, MA 02721. The phone number utilized on the BankNewport application is
774-955-4527. The phone number utilized on The Washington Trust Company and Northeast
Bank applications is 508-493-7973. Both phone numbers were also listed on MOLLER’s
application to Farmer’s State Bank.
20. Identical 941 Forms were submitted with the BankNewport, The Washington
Trust and Northeast Bank PPP loan applications. Each contain the same punctuation errors which
identify Alves Top Notch’s business address as “224 plain st, fall river, MA”. Each indicate that
Alves Top Notch had wages for 2020 1st Quarter in the amount of $881,160.00. The section
asking for the number of employees indicates that the business has 37 employees. The phone
number utilized on the 941 Forms is identical to the phone number used by MOLLER on the
application he submitted in his name to Farmer’s State Bank.
21. Identical “Payroll Summary” reports were provided with the BankNewport and
Northeast Bank applications for Alves Top Notch for January, February and March 2020. The
Payroll Summary report for January, February and March 2020 identifies $251,760.00,
$251,760.00 and $377,640 in total gross pay respectively. The three loan applications each
request a loan in the amount of $734,300; taken jointly the three loans request $2,202,900. None
of the three loans were funded by the banks.
22. On June 12, 2020, a Special Agent for the IRS Criminal Investigation spoke to an
individual at the Massachusetts Department of Revenue, Division of Taxation, in response to an
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order issued by the Court for production of Massachusetts tax records. The agent was informed
that no employer wages were ever reported for M.S., d/b/a Alves Top Notch.
23. Records received from The Washington Trust Company show that Internet
Protocol (“IP”) address 70.175.197.26 was used on April 23, 2020 as part of the loan application
process for the PPP loan submitted in the name of M.S., d/b/a “Alves Top Notch.” IP addresses
are unique identifiers assigned to an electronic device connected to a computer network or when
logging on to the internet. The IP address utilized at a specific date and time may be used to trace
a device to the specific physical location and to a specific registered user. Cox Communications,
Inc. identified that IP address 70.175.197.26 was assigned to subscriber Michael Moller, 1 Wood
Rd, Middletown, RI 02842-6219 with a phone number of 774-955-4527 (used by MOLLER on
his own PPP application) from April 1, 2020 until at least May 30, 2020.
24. On or about July 9, 2020, the IRS Disclosure Office, in response to a court order,
advised that it had no records of any sort concerning Alves Top Notch. The IRS Disclosure
Office further advised that it had no record of any Form 941 forms having ever been filed by
Alves Top Notch.
$359,704 PPP Applications from M.S., d/b/a “Alves Top Notch”
25. Another three separate loan applications under the PPP, each seeking
$359,704.16, and containing nearly identical information, were submitted in the name of M.S.,
d/b/a “Alves Top Notch.” A loan application under the PPP was received by The Cooperative
Bank of Cape Cod on or about May 4, 2020. A second loan application under the PPP was
received by First Bank on or about April 29, 2020. A third loan application under the PPP was
received by First Fidelity Bank on or about April 30, 2020. The applications all indicate that the
average monthly payroll of Alves Top Notch is $143,881.66 with 15 employees. The email
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address listed on the applications is alvestopnotch@yahoo.com . The business address of Alves
Top Notch is identified as 224 Plain St, Fall River, MA 02723. The 100% owner of Alves Top
Notch is listed on each of the applications as M.S. M.S.’s residential address is listed as 224
Plain St, Fall River, MA 02723, the same operating address as was provided for Alves Top
Notch. The phone number utilized on each application is the same number provided by
MOLLER in the application he submitted in his own name to Farmer’s State Bank as well as in
the three loan applications described above in the name of M.S., each seeking $734,000 in PPP
funds.
26. Identical 941 Forms were submitted with each of the PPP loan applications. Each
contain the same punctuation errors which identify Alves Top Notch’s business address as “224
plain st, fall river, MA”; the same address and same punctuation errors identified on the
BankNewport, The Washington Trust and Northeast Bank loans described above. Each indicate
that Alves Top Notch had wages for 2020 1st Quarter wages in the amount of $431,645. The
section asking for the number of employees each indicates that the business has 15 employees.
27. Identical “Payroll Summary” reports were provided with the each of the
applications for Alves Top Notch for January, February and March 2020. The Payroll Summary
report for January, February and March 2020 identifies $126,715.00, $132,265.00 and $172,665
in total gross pay respectively.
28. The First Fidelity Bank, First Bank and Cooperative Bank of Cape Cod loan
applications all identify B.O., F.B., F.B.(Jr), J.B., L.M., M.B., M.S., Michael Moller, N.T., R.M.,
R.M., S.B., S.C., S.J. and T.R. as the employees of Alves Top Notch. Most of these names are
also identified as being employed by Top Notch Tile in the Farmer’s State Bank PPP loan
application submitted by MOLLER. F.B. Jr. is the brother of S.B., MOLLER’s girlfriend.
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Information obtained from the Massachusetts Department of Corrections has revealed that F.B.
Jr. was incarcerated from December 20, 2018 until April 14, 2020. Additional information
obtained from the mollermichael0418@gmail.com email account reveals that MOLLER
provided funds to F.B. Jr.’s prison commissary account on 01/19/2020, 2/14/2020, 03/15/2020,
03/27/2020, and 04/02/2020. F.B. Jr. could not have been employed during January, February
and March of 2020, as indicated on the payroll reports and MOLLER, by funding F.B. Jr.’s
commissary account, was aware that F.B. Jr. was incarcerated.
29. The three loan applications each requested a loan in the amount of $359,704.16;
taken jointly the three loans requested $1,079,112.00. None of the three loans were funded by the
banks.
30. The Cooperative Bank of Cape Cod captured IP address 70.175.197.26 twice on
May 4, 2020 as part of the loan application process for the PPP application that was submitted in
the name of M.S., d/b/a “Alves Top Notch.” Cox Communications, Inc. identified that IP address
70.175.197.26 was assigned to subscriber MICHAEL MOLLER, 1 Wood Rd, Middletown, RI
02842-6219 with a phone number of 774-955-4527 from April 1, 2020 until at least May 30,
2020.
31. On April 28, 2020 “Michael”, using email account
mollermichael0418@gmail.com, communicated with a representative at First Bank and stated:
“…my sons company is in need of a PPP loan. I have helped him prepare the documents
however we are not getting any answers or any help from any of the banks that he’s contacted.
His business is in Massachusetts and it started January 1, 2020 he has a full quarter of payroll
and then had to shut down operations…” “…it would be great if your bank at work with us and
squeeze us in before all the money runs out.” “If you can help us please send us instructions of
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what you need and how you need it sent to you and I will get everything we have over to you
immediately. Thank Michael”.
32. On April 28, 2020 an email was sent from alvestopnotch@yahoo.com to a
representative at First Bank that stated: “https://topnotchremodels.com Matt that is our link to
our website and the pictures are some of the last work we were doing before they shut down. I
really appreciate you helping our family. God Bless. I’ll wait to hear from you Mike and
Marques.”
$297,710 Leader Bank PPP Application in name of M.S., d/b/a “Alves Top Notch”
33. A loan application under the PPP was received by Leader Bank on or about April
28, 2020. The loan application was in the name of M.S., d/b/a “Alves Top Notch” and requested
a loan in the amount of $297,710. The application indicates that the average monthly payroll of
Alves Top Notch is $111,884 with 15 employees. The email address listed on the application is
alvestopnotch@yahoo.com. The business address of Alves Top Notch is identified as 224 Plain
St, Fall River, MA 02723. The 100% owner of Alves Top Notch is listed as M.S. M.S.’s
residential address is listed as 224 Plain St, Fall River, MA 02723, the same operating address as
was provided for Alves Top Notch. The phone number utilized on the application is the same
phone number used by MOLLER in the PPP application he submitted in his own name to
Farmer’s State Bank and on the other seven previously described Alves Top Notch PPP loan
applications.
34. A 941 Form submitted with the application to Leader Bank provided for Alves
Top Notch lists wages for 2020 1st Quarter wages to be $431,645.00. The section asking for the
number of employees indicates that the business has 15 employees. The 941 Form is identical to
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the 941 Forms utilized on The Cooperative Bank of Cape Cod, First Bank and First Fidelity
Bank loan applications, including the same punctuation errors which identified Alves Top
Notch’s business address as “224 plain st, fall river, MA”.
35. “Employee Earning Summary” reports were provided with the application for
Alves Top Notch for January, February and March 2020. The Employee Earning Summary
report for January 2020 identifies $80,800.00 in hourly pay and $45,915.00 in overtime pay. The
Employee Earning Summary report for both February and March 2020 fail to identify wages but
identifies federal and state withholdings. The Employee Earning Summary report identifies B.O.,
F.B., F.B.(Jr), J.B., L.M., M.B., M.S., Michael Moller, N.T., R.M., R.M., S.B., S.C., S.J. and
T.R. of the employees of Alves Top Notch. Most of these individuals were also identified as
being employed by Top Notch Tile in the PPP application submitted by MOLLER to Farmer’s
State Bank. F.B. Jr. was incarcerated from December 20, 2018 until April 14, 2020 and could
not have been an employee of Alves Top Notch. Leader Bank did not fund this loan.
36. Leader Bank captured IP address 68.14.142.179 on April 30, 2020, May 4, 5 and
6, 2020 and IP address 70.175.197.26 twice on May 4, 2020 as being used as part of the PPP
loan application process in the name of M.S., d/b/a “Alves Top Notch.” Cox Communications,
Inc. identified that both of these IP addresses were assigned at that time to MICHAEL
MOLLER, 1 Wood Rd, Middletown, RI 02842-6219.
Webster Bank PPP Application from R.M., d/b/a “TNT TILE”
37. A loan application under the PPP was received by Webster Bank on or about June
10, 2020. The loan application was from R.M., d/b/a “TNT Tile” and requested a loan in the
amount of $172,225. R.M. is believed to be the father of defendant MICHAEL MOLLER. The
application indicates that the average monthly payroll of TNT Tile is $68,890 with 9 employees.
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The email address listed on the application is Tnt_tile@yahoo.com. The business address of TNT
Tile is identified as “3 Rollin Green Drive, Unit C, Fall River, MA 02720”; containing the same
misspelling of Rolling as on the Farmer’s State Bank application submitted in the name of
MICHAEL MOLLER. The 100% owner of TNT Tile is listed as MICHAEL MOLLER,
however in other portions of the document the owner is identified as R.M. MICHAEL
MOLLER’s residential address is listed as 3 Rolling Green Drive, Unit C, Fall River, MA 02720.
R.M.’s residential address is also listed as 3 Rolling Green Drive, Unit C, Fall River, MA 02720,
the same operating address as was provided for TNT Tile and Top Notch Tile on MOLLER’s
Farmer’s State Bank application. The phone number utilized on the application is 508-493-7973.
This phone number was also listed in the Farmer’s State Bank application submitted by
MICHAEL MOLLER as well as in two of the PPP applications submitted in the name of M.S.,
d/b/a “Alves Top Notch.”
38. A 941 Form submitted with the application to Webster Bank provided for TNT
Tile listed wages for 2020 1st Quarter wages to be $217,225.00. The section asking for the
number of employees indicates that the business has 9 employees.
39. On June 10, 2020, Webster Bank approved the PPP loan in the amount of
$172,225 and wired the funds into the Citizens Bank account of R.M. on or about June 16, 2020.
On June 16, 2020, check #107 for $172,000 was drawn on the account and issued to MICHAEL
MOLLER. The memo section of the check states “Business Transfer”.
40. Almost all of the funds disbursed by Webster Bank to R.M. were quickly moved
to the account of defendant MICHAEL MOLLER. Following the receipt of these funds, between
June 17, 2020 and July 13, 2020, MOLLER withdrew $32,032 in cash, $16,335 was utilized for
online money transfer applications, and $31,084 was withdrawn for what appears to be a trip to
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Caesar’s Palace Casino in Las Vegas, NV. MOLLER purchased three bank checks during this
time period in the amounts of $80,000, $73,000 and $30,000. The $80,000 and $73,000 bank
checks were later redeposited to the same account. The $30,000 check was made payable to L.M.
and deposited into R.M.’s Citizens Bank account on July 6, 2020 and $25,000 was withdrawn in
cash on the same day. The remainder of the funds in MICHAEL MOLLER’s account were
transferred to other accounts or spent on items that appear personal in nature. No funds have
been identified that appear to be for issuance of payroll or business operations.
41. Agents have been unable to identify any bank accounts that were opened in the
name of TNT Tile. In bank accounts that were opened in the name of MOLLER and R.M., there
are no payments made since at least January 1, 2019 that appear to be payroll related.
Webster Bank PPP Application from F.B.(Jr), d/b/a “A Top Notch Remodel”
42. A loan application under the PPP was received by Webster Bank on or about
August 6, 2020. The loan application was from F.B.(Jr), d/b/a “A Top Notch Remodel” and
requested a loan in the amount of $214,926. F.B. Jr. is believed to be the brother of S.B., the
live-in girlfriend of defendant MICHAEL MOLLER. F.B. Jr.’s social security number (SSN) is
listed on the application as xxx-xx-4523; the same number as the EIN provided on the
application (xx-xxx4523). This SSN belongs to an individual residing in Fremont, NH named
A.D. A.D. has no apparent relationship to F.B. Jr., MOLLER or A Top Notch Remodel. F.B.
Jr.’s SSN actually is xxx-xx-4513; one digit altered from the SSN included in the application.
The application indicates that the average monthly payroll of A Top Notch Remodel Tile is
$85,971.00 with 16 employees. The email address listed on the application is
A_topnotchremodel@yahoo.com. The business address of A Top Notch Remodel is identified as
“456 S. Main st, Attleboro, MA 02702”. The 100% owner of A Top Notch Remodel is listed as
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F.B. Jr. F.B. Jr.’s known residential address is 224 Plain St, Fall River, MA; the same address
that was used on the Cooperative Bank of Cape Cod, First Bank, First Fidelity Bank,
BankNewport, Northeast Bank, Washington Trust and Farmer’s State Bank loans. The phone
number utilized on the application is 774-220-8322.
43. Four separate 941 Forms were submitted with the application to Webster Bank
provided for A Top Notch Remodel. The 941 Forms list wages for 1st Quarter and 2nd Quarter
2020 to be $290,597.91 and $258,632.23, respectively. The section asking for the number of
employees indicates that the business had 16 employees in both quarters. The 941 Forms lists
wages for 3rd Quarter and 4th Quarter 2019 to be $229,721.86 and $252,693.96 respectively.
The section asking for the number of employees indicates that the business had 15 employees in
both quarters.
44. On August 11, 2020, Webster Bank approved the PPP loan in the amount of
$214,926. The loan funds were wired into the Citizens Bank account of F.B. Jr. on or about
August 14, 2020. This account was established on August 12, 2020 and contained only $75 prior
to August 14, 2020. On August 14, 2020, $200,000 was transferred to MOLLER’s Citizens
Bank account; the same bank account which previously received MOLLER’s PPP loan proceeds
and R.M.’s PPP loan proceeds.
Undercover Telephone Conversation
45. On May 11, 2020, an undercover FBI agent, posing as a compliance officer with
Leader Bank, had a recorded telephone conversation with an individual who identified himself as
M.S. concerning the PPP application submitted in the name of M.S., d/b/a “Alves Top Notch.”
The person who identified himself as M.S. (believed to be defendant MICHAEL MOLLER) was
utilizing telephone number 774-955-4527. The individual stated that Alves Top Notch is a sole
16
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proprietorship and that the business started on January 1, 2020 and closed on March 31, 2020
due to the pandemic. The individual stated that Alves Top Notch operates from rented space
located at 224 Plain St, Fall River, MA and performs residential remodeling work. The
individual identified B.O., F.B., F.B.(Jr), J.B., L.M., M.B., M.S., Michael Moller, N.T., R.M.,
R.M., S.B., S.C., S.J. and T.R. as the employees of Alves Top Notch and stated that the purpose
of the SBA loan was to bring them back to work and pay their wages. The individual stated that
taxes were being withheld from employees’ wages. Minutes after the telephone conversation
ended, the undercover agent received a text message from 774-955-4527, in which “M.S.”
indicated that he wanted to withdraw his request for PPP funds.
Telephone Records
46. AT&T telephone records were obtained for 774-955-4527 and 508-493-7973,
which were utilized in the above-described PPP loan applications. The telephone subscriber
records indicate that S.B. is the financially liable party for both telephone lines. S.B. is believed
to be the mother of M.S. and is in a personal relationship with MOLLER. S.B.’s email address
identified on both of the accounts is topnotch_tile@yahoo.com, registered to R.M., and utilizing
774-955-4527 and 508-493-7973. A review of the phone toll records has identified numerous
calls between 774-955-4527 (utilized on the Farmer’s State Bank, BankNewport, The
Washington Trust Company, Leader Bank, First Bank, First Fidelity Bank, Northeast Bank and
the Cooperative Bank of Cape Cod loan applications) and 508-493-7973 (utilized on the
Farmer’s State Bank, The Washington Trust Company, Northeast Bank and Webster Bank loan
applications).
47. Additional analysis of the telephone records has disclosed that during April and
May 2020, 774-955-4527 contacted telephone numbers known to be utilized by Titan Bank,
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Wells Fargo Bank, Apple Pie Finance, Bank of America, Florence Bank, Navy Federal Credit
Union, Points West Community Bank and Key Bank.
48. Additional analysis of the telephone records has disclosed that during April and
May 2020, 508-493-7973 contacted telephone numbers known to be utilized by Farmer’s State
Bank, Bank of America, The Washington Trust Company, Resource Bank, Webster Bank,
Coastway Community Bank, MidWestOne Bank, Stockman Bank, Keybank, Points West
Community Bank, First National Bank, Rhode Island Commerce Corporation, and Rockland
Trust Co.
49. Investigators have gathered significant evidence that telephone number (774) 955-
4527 is utilized by defendant MICHAEL MOLLER. This evidence includes: (i) banking records
from Citizens Bank and Santander Bank which indicate that MOLLER utilizes phone number
(774) 955-4527 as his contact number, (ii) records obtained from Twin River -Tiverton, LLC, a
casino located in Tiverton, RI, also indicate that MOLLER utilizes phone number (774) 955-
4527 as his contact number, (iii) Cox Communications, Inc. records indicate that MICHAEL
MOLLER has an account at 1 Wood Rd, Middletown, RI and that his contact phone number is
774-955-4527 and (iv) the United States Probation Department, District of Massachusetts, which
is currently supervising MOLLER, has (774) 955-4527 listed as MOLLER’s telephone number.
This telephone number is significant because it appears on many of the aforementioned PPP
applications and was the phone number used in the undercover conversation with the person
representing himself to be M.S.
50. Information obtained from AT&T has identified that phone numbers 774-955-
4527 and 508-493-7973 regularly communicated with each other. Location data collected for
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both numbers also has identified that the two telephones were in the same approximate locations
during the filings of several of the above PPP loan applications and at numerous other times.
51. In response to a court authorized search warrant, AT&T provided investigators
with historical cell-site information from January 1, 2020 to August 2020 concerning telephone
numbers 774-955-4527 and 508-493-7973. Cell-site information is able to provide an
approximate geographic location for a particular cell phone by providing the specific cell tower
the cell phone utilizes at a given time. The cell-site information provided by AT&T for these two
numbers shows that the user of these numbers appears to be living in the area of 1 Wood Road in
Middletown, Rhode Island as the overwhelming majority of pings occur off of a cell tower near
that location during both daytime and nighttime hours. In addition, cell-site information reveals
that the cell phones utilizing these numbers were in the vicinity of 1 Wood Road, Middletown,
RI at or about the same times in which an electronic device at 1 Wood Road, Middletown, RI
communicated with the various banks concerning the PPP loan applications described above. As
detailed above, Washington Trust Bank, Cooperative Bank of Cape Cod and Leader Bank all
provided records that certain IP addresses were used on specific dates and times by the
individual submitting PPP applications in the name of M.S., d/b/a “Alves Top Notch” to those
institutions. Records from Cox Communications reveal that those IP addresses were assigned to
defendant MOLLER at 1 Wood Road, Middletown, RI on those dates and times. The AT&T
cell-site data confirms that the telephone numbers known to be utilized by MOLLER were in the
vicinity of 1 Wood Road, Middletown, RI at or about the same dates and times that a person
from within this address communicated with the aforementioned banks concerning the PPP loan
applications.
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CONCLUSION
52. Based on the forgoing, there is probable cause to believe that from on or about
April 6, 2020 through August 14, 2020, defendant MICHAEL MOLLER: (i) knowingly made
false statements for the purpose of obtaining a loan and for the purpose of influencing in any way
the action of the Small Business Administration, in violation of 15 U.S.C. § 645(a) (Count One –
Making False Statement to Influence the SBA); and (ii) knowingly executed a scheme to obtain
money, funds and property owned by, or under the custody and control of, a financial institution,
to wit The Farmer’s State Bank of Oakley, Kansas, BankNewport, Washington Trust Company,
Northeast Bank, The Cooperative Bank of Cape Cod, First Fidelity Bank, First Bank, Leader
Bank, and Webster Bank by means of false and fraudulent pretenses, representations and
promises, in violation of 18 U.S.C. § 1344(2) (Count Two – Bank Fraud).
Special Agent
Federal Bureau of Investigation
Attested to by the applicant in accordance with the requirements of Fed.
R. Crim. P. 4.1 by telephone.
______________________
September 18, 2020 __________________________________
Date Judge’s signature
Narragansett RI
_Providence, RI________ Lincoln D. Almond, US Magistrate Judge
City and State Printed name and title
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Case 1:20-mj-00073-LDA Document 3-2 Filed 09/18/20 Page 1 of 1 PageID #: 24
PER 18 U.S.C. 3170
DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT
BY: INFORMATION
INFORMATION INDICTMENT
INDICTMENT COMPLAINT CASE NO. 1:20MJ73LDA
Matter Sealed: Juvenile Other than Juvenile USA vs.
Pre-Indictment Plea Superseding Defendant Added Michael J. Moller, a/k/a Michael Robinson
Defendant:
Indictment Charges/Counts Added
Information ,
Name of District Court, and/or Judge/Magistrate Location (City) Address:
UNITED STATES DISTRICT COURT RHODE ISLAND
DISTRICT OF NEW MEXICO
RHODE ISLAND Divisional Office
AARON WEISMAN
Name and Office of Person
Furnishing Information on ; U.S. Atty Other U.S. Agency
THIS FORM Phone No. (401) 709-5000 Interpreter Required Dialect:
Name of Asst.
U.S. Attorney LEE H. VILKER
(if assigned) Birth ✔ Male Alien
Date Female (if applicable)
PROCEEDING
Name of Complainant Agency, or Person (& Title, if any)
FEDERAL BUREAU OF INVESTIGATION Social Security Number
person is awaiting trial in another Federal or State Court
(give name of court) DEFENDANT
Issue: ✔ Warrant Summons
this person/proceeding transferred from another district
per (circle one) FRCrP 20, 21 or 40. Show District
Location Status:
Arrest Date or Date Transferred to Federal Custody
this is a reprosecution of charges
previously dismissed which were Currently in Federal Custody
dismissed on motion of:
Currently in State Custody
U.S. Atty Defense
SHOW Writ Required
this prosecution relates to a DOCKET NO.
Currently on bond
pending case involving this same
defendant. (Notice of Related Fugitive
Case must still be filed with the
Clerk.)
MAG. JUDGE
prior proceedings or appearance(s)
CASE NO.
Defense Counsel (if any):
before U.S. Magistrate Judge
regarding this defendant were
recorded under
FPD CJA RET'D
Appointed on Target Letter
Place of RHODE ISLAND County
offense
This report amends AO 257 previously submitted
OFFENSE CHARGED - U.S.C. CITATION - STATUTORY MAXIMUM PENALTIES - ADDITIONAL INFORMATION OR COMMENTS
Total # of Counts 2
Set Title & Section/Offense Level Description of Offense Charged Felony/Misd.
Count(s)
(Petty = 1 / Misdemeanor = 3 / Felony = 4)
Felony
1 15 U.S.C. § 645(a) Making False Statement to Influence the SBA Misdemeanor
Felony
Max Penalty: 2yrs imprisonment; 1yr S/R; $5,000 fine; and $100 special assessment Misdemeanor
Felony
2 18 U.S.C. § 1344(2) Bank Fraud Misdemeanor
Felony
Max Penalty: 30yrs imprisonment; 5yrs S/R; $1,000,000 fine; and $100 special assessment Misdemeanor
Felony
Estimated Trial Days: 7 days Misdemeanor
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