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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.

Summary drafted by a model from the text of the original file linked on this page 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

Cite this document

“Criminal Complaint — United States v. Michael J. Moller (No. 1:20-mj-00073, D.R.I.).” Original at web.archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/complaint-no-1-20-mj-00073-dkt-3-d-r-i-da5ac3416d/, SHA-256 c608c1f10e5ca683fcb95ffbad30426893ba089f8fce18d02ff5e2caf8f6c937.

Full text

             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



                                               14
Case 1:20-mj-00073-LDA Document 3-1 Filed 09/18/20 Page 15 of 20 PageID #: 18




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



                                                15
Case 1:20-mj-00073-LDA Document 3-1 Filed 09/18/20 Page 16 of 20 PageID #: 19




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
Case 1:20-mj-00073-LDA Document 3-1 Filed 09/18/20 Page 17 of 20 PageID #: 20




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,


                                                  17
Case 1:20-mj-00073-LDA Document 3-1 Filed 09/18/20 Page 18 of 20 PageID #: 21




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




                                              18
Case 1:20-mj-00073-LDA Document 3-1 Filed 09/18/20 Page 19 of 20 PageID #: 22




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.




                                                19
Case 1:20-mj-00073-LDA Document 3-1 Filed 09/18/20 Page 20 of 20 PageID #: 23




                                         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

                                               20
                   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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