Criminal Complaint — United States v. Carolina Amesty (No. 6:25-mj-01031, M.D. Fla.)
Summary
A Criminal Complaint (AO 91) in United States of America v. Carolina Amesty, Case No. 6:25-mj-1031, in the U.S. District Court for the Middle District of Florida, filed January 16, 2025 as Document 1. It charges theft of government property under 18 U.S.C. § 641 on or about June 23, 2020, and July 13, 2020, in Orange County. The affidavit of Special Agent Raquel Garcia Rios of SBA-OIG states that at least fifteen EIDL applications are associated with Amesty and a relative, who received more than $500,000 in EIDL loans on behalf of eight entities. It alleges false gross revenue and employee figures on applications for Carolina Amesty Foundation Inc. and Dinocar Auto Sales LLC, which received EIDL proceeds of $84,500 and $37,500. The complaint was sworn before Hon. Robert M. Norway, U.S. Magistrate Judge.
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“Criminal Complaint — United States v. Carolina Amesty (No. 6:25-mj-01031, M.D. Fla.).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/complaint-no-6-25-mj-01031-dkt-1-m-d-fla-215f9d3c67/
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STATE OF FLORIDA CASE NO. 6:25-mj- 1031
COUNTY OF ORANGE
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I, Raquel Garcia Rios, being first duly sworn, hereby depose and state as
follows:
INTRODUCTION AND AGENT BACKGROUND
1. I submit this affidavit in support of a criminal complaint against
Carolina AMESTY for two violations of 18 U.S.C. § 641 (theft of government
property).
2. I have been a Special Agent for approximately 15 years. I have been
employed with the U.S. Small Business Administration, Office of Inspector General
(SBA-OIG) since February 2024. Prior to my employment with SBA-OIG, I was a
Special Agent with the United States Department of Treasury, Internal Revenue
Service, Criminal Investigation (IRS-CI). My official duties as a Special Agent with
SBA-OIG include investigating violations of federal law related to the SBA’s
operations, programs, grants, and contracts. I have personally investigated and
assisted in investigations related to such violations of Title 18 of the United States
Code. I earned a bachelor’s degree in business with a concentration in accounting
and a master’s degree in business administration from Texas A&M International
University. In addition, I have received training at the Federal Law Enforcement
Training Center (FLETC) in Glynco, Georgia, where I learned how to investigate
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financial crimes as well as appropriate disclosure guidelines and the Federal Rules of
Evidence. I completed the Criminal Investigator Training Program at FLETC and
the IRS Special Agent Investigative Techniques program at the National Criminal
Investigation Training Academy (NCITA).
3. The facts in this affidavit are based on my personal knowledge and
information I learned from other sources, including law enforcement databases, third
party records, reports prepared by other law enforcement officers, and conversations
I have had with other law enforcement officers and witnesses involved in this
investigation.
4. Because I am submitting this affidavit for the limited purpose of
securing a criminal complaint, I have not included every fact that I know about this
investigation. Instead, I have set forth only those facts that I believe are necessary to
establish probable cause that AMESTY has violated 18 U.S.C. § 641.
PROBABLE CAUSE
Background on the EIDL Program and Application Process
5. The SBA is an executive-branch agency of the United States
government that provides support to entrepreneurs and small businesses. The
mission of the SBA is to maintain and strengthen the nation’s economy by enabling
the establishment and viability of small businesses and by assisting in the economic
recovery of communities after disasters. As part of this effort, the SBA enables and
provides for loans through banks, credit unions, and other lenders. These loans have
government-backed guarantees.
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6. In March 2020, the Coronavirus Aid, Relief, and Economic Security
Act, or the “CARES Act,” was enacted to provide immediate assistance to
individuals, families, and organizations affected by the COVID-19 emergency.
Among its various provisions, the CARES Act authorized the SBA to offer
Economic Injury Disaster Loan (EIDL) funding to business owners and non-profit
organizations negatively affected by the COVID-19 pandemic. To qualify, a business
or non-profit organization had to be in operation prior to February 1, 2020.
7. Using the SBA online portal, EIDL applicants submitted personal
information and information about the business or non-profit organization in support
of each EIDL application, and they did not have to submit supporting
documentation of any sort. The application included a jurat-like paragraph where the
applicant affirmed that the information submitted was true and correct under the
penalty of perjury and applicable criminal statutes.
8. The application process for an EIDL involved filling out assorted data
fields relating to the size of the affected business or non-profit entity, the ownership
of said entity, and other information such as the number of employees and, as
applicable, gross revenues, cost of goods sold, and non-profit cost of operation for the
12 months prior to the date of the disaster (January 31, 2020). This information
furnished by the applicant was then used by SBA application evaluation systems to
calculate the principal amount of money the applicant was eligible to receive in the
form of an EIDL.
9. In addition to applying for an EIDL, an applicant could request and
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then receive up to $10,000 in an EIDL Cash Advance Grant based on the number of
employees claimed. The EIDL Cash Advance Grant was disbursed in amounts of
$1,000 per claimed employee. Any EIDL Cash Advance Grant funding that was
received by an applicant based on the number of claimed employees did not need to
be repaid to the SBA if the loan application was ultimately denied by the SBA, or if
the applicant declined the EIDL that was offered by the SBA at a later date.
10. Pursuant to the provisions governing the EIDL program, loan proceeds
had to be used by that business on certain permissible expenses. The EIDL (working
capital) loans had to be used by the afflicted business to pay fixed debts, payroll,
accounts payable, and other bills that could have been paid had the COVID-19
disaster not occurred.
11. To evaluate EIDL applications, the SBA computer system used
automation and system programming to quickly conduct checks of each application
submitted by each applicant. The SBA computer system performed checks of the
applicant’s creditworthiness and evaluated other elements of data furnished by the
applicant to identify duplicative applications and indicators of fraudulent activity.
The SBA computer system also utilized the information furnished by the applicant—
including gross revenues in the 12-month period prior to the disaster, costs of goods
sold during that same timespan, and loss of rental income—to determine the dollar
amount of the loan offer that the applicant may be extended. If any aspect of the
application did not pass the automated evaluation within the SBA computer system,
the application’s progress was stopped, and an electronic notification was sent to the
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applicant regarding the potential cause for the application to be halted. The applicant
was then given the opportunity to engage with the SBA and request reconsideration
of the application.
Overview of AMESTY’s and a Relative’s EIDL Applications
12. SBA-OIG has identified at least fifteen EIDL loan applications
associated with AMESTY and one of her relatives. AMESTY and her relative
received more than $500,000 in EIDL loans on behalf of eight entities, including
Dinocar Auto Sales LLC, Carolina Amesty Foundation, Central Christian
University Inc., Central Christian University Holding Corp., Central Christian
Academy Inc., Central Café LLC, Pollo Juan Restaurant LLC, and Jordd Group
LLC.
13. Information filed with the Florida Department of State regarding many
of these entities established AMESTY’s role and her relative’s role at the time of the
establishment of the entity and at the time of the EIDL application. Her role in these
various entities at the time of the submission of the EIDL applications included
Chairwoman, Trustee, Managing Member, Registered Agent, Director, Vice
President, and/or President.
14. A query of the telephone numbers listed on the applications revealed
that the registrants of these numbers are AMESTY, her relative, and associated
businesses. Subscriber records for IP addresses related to the submission of
applications also identified AMESTY and associated businesses. SBA records detail
communications with AMESTY concerning many of the loan applications,
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highlighting her involvement with the submission of those applications.
15. In 15 of the EIDL applications, the following representations were made
as to the gross revenues for the 12 months prior to the date of the disaster (January 31,
2020) and the number of employees (as of January 31, 2020):
Application Name of Owner Gross Number Result
Date Applicant revenues of
employees
3/31/2020 Central AMESTY $1,200,000 16 $10,000
Christian advance/
University, Her relative
Inc. $150,000
loan
3/31/2020 Pollo Juan AMESTY $200,000 20 $10,000
Restaurant advance/
LLC Her relative
$52,500
loan
3/31/2020 Central AMESTY $300,000 15 $10,000
Christian advance/
Academy Inc.
$62,500
loan
6/1/2020 Central Café AMESTY $128,000 3 $3,000
LLC advance/
$24,500
loan
6/1/2020 Central AMESTY $180,000 2 $15,000
Christian advance/
University
Holding $43,000
Corp. loan
6/16/2020 Jordd Group AMESTY $135,000 3 $3,000
LLC advance/
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$29,500
loan
6/17/2020 Carolina AMESTY $175,000 3 $3,000
Amesty advance/
Foundation
Inc. $84,500
loan
6/22/2020 American Her relative $250,000 12 Failed
Chaplains attempt
Inc.
6/23/2020 Universidad AMESTY $435,000 15 Failed
Cristiana attempt
Central Inc.
6/25/2020 Dinocar Auto AMESTY $475,000 13 $37,500
Sales LLC loan
6/25/2020 American AMESTY $185,000 12 Failed
Chaplains attempt
Inc.
7/1/2020 Iglesia De AMESTY $568,000 12 Failed
Dios attempt
Misionera Her relative
Weston Inc.
7/3/2020 Iglesia De AMESTY $435,000 11 Failed
Dios attempt
Misionera
Okeechobee,
Inc.
11/16/2020 Iglesia De AMESTY $568,000 12 Failed
Dios attempt
Misionera Her relative
Weston Inc.
1/11/2021 Eglise De AMESTY $550,000 11 Failed
Dieu attempt
Missionnaire
Inc.
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16. Based upon investigation conducted to date, the representations as to
the gross revenues for the 12 months prior to the date of the disaster (January 31,
2020) are incorrect on many of these applications. For some of the applications, the
entities at issue were not in existence for 12 months prior to the date of the disaster.
In situations like these, it is possible that applicants may have been advised by the
SBA to provide projected revenues. However, the subpoenaed bank records for many
of the entities for which AMESTY applied for EIDLs—including Carolina Amesty
Foundation Inc. and Dinocar Auto Sales LLC, discussed in greater detail below—
are inconsistent with a good faith representation that the entities would have earned
the forecasted revenues.
17. Indeed, investigators have been able to find little, to no, support for the
gross revenues represented in the EIDL applications for the designated time period.
Notably, several of the entities for which EIDL applications were submitted did not
even open the bank account provided on their EIDL application until after the
pandemic had started:
Name of Business Date Bank Account Provided on
EIDL Application Was Established
Central Cafe LLC 5/24/2020
Jordd Group LLC 4/9/2020
Carolina Amesty Foundation Inc. 6/16/2020 (established a day before
the date of the EIDL application)
Universidad Cristiana Central Inc. 6/23/2020 (established on the same
date as the EIDL application)
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Dinocar Auto Sales LLC 6/25/2020 (established on the same
date as the EIDL application)
American Chaplains Inc. 6/22/2020 (established three days
before the date of the EIDL
application)
Iglesia De Dios Misionera Okeechobee, 6/23/2020 (established near the date
Inc. of the EIDL application)
Iglesia De Dios Misionera Weston Inc. 7/1/2020
18. As with the gross revenues reported on the EIDL applications in
paragraph 15 above, based upon investigation conducted to date, the representations
in many of the applications as to the number of employees (as of January 31, 2020)
are inflated. A report from the Office of Inspector General for the Small Business
Administration noted that the “EIDL application did not clearly define ‘employee,’”
and thus it was possible that some applicants “may have included independent
contractors, seasonal workers, or other individuals who do not meet the IRS
definition of ‘employee’” in their applications.
19. A detailed review of two of these applications submitted by
AMESTY—Dinocar Auto Sales LLC and Carolina Amesty Foundation Inc.—is
below. For each of these entities, AMESTY submitted false information on the
EIDL application and then received an EIDL. Additionally, for Carolina Amesty
Foundation, AMESTY received an EIDL advance. Records also reveal that
AMESTY used the funds for purposes other than the permissible uses under the
EIDL program discussed above.
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EIDL Application for Carolina Amesty Foundation Inc.
20. On June 17, 2020, AMESTY submitted SBA EIDL application
#3305090052 in the name of Carolina Amesty Foundation Inc., a private non-profit
organization, through the SBA’s online portal.
21. The application listed AMESTY as the primary contact and CEO of the
entity with 100% ownership. AMESTY was the only contact included in the
application. The application included AMESTY’s correct social security number and
date of birth. A business email address using AMESTY’s name and AMESTY’s
registered phone number (407) 758-xxxx were provided as primary contact
information. Additionally, AMESTY’s residential address, according to Florida
Department of Motor Vehicle records at the time the application was submitted, was
used on the application.
22. The application stated that the non-profit organization opened on
December 26, 2019, and had 3 employees (as of January 31, 2020). The application
also stated that for the 12 months prior to the date of the disaster (January 31, 2020),
the gross revenues were $175,000, the cost of goods sold were $0.00, and the non-
profit/agricultural cost of operation was $0.00.
23. The application was approved, and SBA Loan #9662977907 was
awarded in the amount of $84,500. An EIDL advance of $3,000 was also awarded,
consistent with the representation that there were 3 employees.
24. The application stated that the pertinent bank account information was
a Bank of America (BOA) checking account in the name of Carolina Amesty
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Foundation Inc., which had an account number ending in 0089. A review of
subpoenaed bank records revealed that the BOA account ending in 0089 was opened
on June 16, 2020—the day before the submission of the EIDL application—and
AMESTY is the sole signatory on the account.
25. On June 20, 2020, a Loan Authorization and Agreement for SBA Loan
#9662977907 in the amount of $84,500 for Carolina Amesty Foundation Inc. was e-
signed by AMESTY. In so doing, AMESTY certified, among other things, that the
representations in the loan application were true and correct and that the proceeds
would be used for permissible purposes.
26. On June 22, 2020, the $3,000 EIDL advance was deposited into
AMESTY’s BOA account ending in 0089. The following day, $84,400 in EIDL
proceeds was deposited into AMESTY’s BOA account ending in 0089. This is the
total amount of the funded EIDL less $100, which the SBA charged applicants to
pay the Uniform Commercial Code (UCC) lien filing fees and a third-party UCC
handling charge to secure EIDLs of more than $25,000.
27. But the investigation to date has revealed no evidence to support the
gross revenue reported on the application: $145,000 for the 12-month period prior to
the date of the disaster (January 31, 2020). To the contrary, in response to a request
to the IRS as to whether Carolina Amesty Foundation Inc. filed a Form 1065, Form
1120, or a Form 940 in 2019, the IRS advised it had not. Likewise, in response to a
subpoena to a Certified Public Account (CPA) and tax preparer for AMESTY and
her relative, the CPA did not provide any tax returns for 2019. Moreover, the
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application stated that the non-profit did not even begin operations until December
26, 2019, consistent with the filing of Articles of Incorporation for the entity, and the
bank records, as discussed below, contain no evidence of the entity receiving any
revenue during the 12-month period prior to January 31, 2020, or any other period.
28. Likewise, investigators have been unable to find evidence to support the
number of employees listed on the application: 3 (as of January 31, 2020). The
Department of Florida Commerce (DFC) had no wage and earnings records for
Carolina Amesty Foundation for the quarter ending March 2020. Additionally, the
IRS did not receive a Form 941 for Carolina Amesty Foundation Inc. for the quarter
ending March 2020. A Form 941 is submitted on a quarterly basis by an employer to
report, among other things, the number of employees and wages paid to those
employees.
29. Records from BOA show that the Carolina Amesty Foundation Inc.
account ending in 0089 do not support the information on the application concerning
gross revenues and number of employees. To the contrary, the account was not
opened until June 16, 2020—well after the pandemic had started. Following the
opening deposit of $50, the next transactions on the account were the credits from
the SBA for the $3,000 EIDL advance and the $84,400 EIDL proceeds (the total
amount of the EIDL less the $100 the SBA had to pay to secure the loan). Thus,
there was no activity in the account prior to the receipt of the SBA loans—none
related to business expenses or revenues, and none related to paying employees.
30. A financial analyst with the Federal Bureau of Investigation (FBI)
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account. From June 2020 (when the account was opened) through December 2020,
the only funds that entered or left the bank account for Carolina Amesty Foundation
Inc. were the SBA funds other than the initial $50 opening deposit and $2,175 in
other deposits in November 2020—which is inconsistent with not only the gross
revenues reported on the EIDL application but also the monthly breakdown of gross
receipts reported on the EIDL application.
32. The FBI also analyzed how the EIDL funds were used from the
accounts listed in the chart above after being transferred from Carolina Amesty
Foundation Inc.’s BOA account ending in 0089. A review of the activity on JPMC
account ending in 1671 (an account for Central Christian University, Inc., another
entity associated with AMESTY and her relative) revealed that the $41,000 cashier’s
check drawn on BOA account ending in 0089 was deposited into the account on July
9, 2020, along with four other cashier’s checks drawn from other BOA accounts, for
a total deposit of $341,500. The deposited funds were then disbursed primarily via
transfers to JPMC accounting ending in 8828 (another account for Central Christian
University), Zelle payments to Pollo Juan Restaurant LLC (another entity associated
with AMESTY and her relative), payments to Black Business Investment Fund, and
payments on credit cards.
33. A review of the activity on BOA account ending in 1782 (an account for
Pollo Juan Restaurant LLC, with AMESTY and her relative as signatories) indicated
that the $25,600 in SBA funds transferred to that account were expended on
operational costs related to the restaurant.
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34. A review of the activity on BOA account ending in 3263 (an account for
AMESTY, with AMESTY as the sole signatory) showed that the $9,000 in SBA
funds that were transferred to that account were in turn transferred to BOA account
ending in 3250 (another account for AMESTY, with AMESTY as the sole signatory)
where the funds were expended on personal expenses. The SBA funds totaling
$4,250 transferred directly into BOA account ending in 3250 were also expended on
personal expenses of AMESTY.
35. Moreover, in February 2021, AMESTY applied for a Targeted EIDL
Advance for Carolina Amesty Foundation Inc. In support of this request for
additional EIDL funds, AMESTY provided a breakdown of monthly gross receipts
for December 2019 through January 2021 as follows: $45,000 (December 2019),
$30,000 (January 2020), $50,000 (February 2020), $20,000 (March 2020), $16,000
(April 2020), $4,000 (May 2020), $3,000 (June 2020), $2,000 (July and August 2020),
$5,000 (September 2020), $7,000 (October, November, and December 2020), and
$4,000 (January 2021). But again, the bank records do not support that there were
any revenues for Carolina Amesty Foundation during that timeframe.
EIDL Application for Dinocar Auto Sales LLC
36. On June 25, 2020, AMESTY submitted SBA EIDL application
#3306570456 in the name of Dinocar Auto Sales LLC, an automobile dealership,
through the SBA’s online portal.
37. The application listed AMESTY as the primary contact and owner of
the entity with 100% ownership. AMESTY was the only contact included in the
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application. The application included AMESTY’s correct social security number and
date of birth. A business email address using AMESTY’s name, different than the
one used for the Carolina Amesty Foundation, was provided, and AMESTY’s phone
number and address were the same as she listed on the Carolina Amesty Foundation
Inc. EIDL application. The business address was listed as xxxx Lake Breeze Dr.,
Orlando, FL 32808, and AMESTY’s phone number was listed as the business phone
number.
38. The application stated that the entity opened on November 20, 2019,
and had 13 employees (as of January 31, 2020). The application also stated that for
the 12 months prior to the date of the disaster (January 31, 2020), the gross revenues
were $475,000, the cost of goods sold were $380,000, and the rental property losses
were $55,000. Unlike for the Carolina Amesty Foundation EIDL application, this
application did not include a breakdown of gross receipts for any months in 2019,
2020, or 2021.
39. The application was approved on July 9, 2020, and SBA Loan
#1265098104 was awarded in the amount of $37,500.
40. The application stated that the pertinent bank account information was
Bank of America (BOA) checking account in the name of Dinocar Auto Sales LLC,
which had an account number ending in 5798. A review of subpoenaed bank records
revealed that the BOA account ending in 5798 was opened on June 20, 2020—five
days before the submission of the EIDL application—and AMESTY is the sole
signatory on the account.
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41. On July 9, 2020, a Loan Authorization and Agreement for SBA Loan
#1265098104 in the amount of $37,500 for Dinocar Auto Sales LLC was e-signed by
AMESTY. In so doing, AMESTY certified, among other things, that the
representations in the loan application were true and correct and that the proceeds
would be used for permissible purposes.
42. On July 13, 2020, $37,400 was deposited into AMESTY’s BOA
account ending 5798. This is the total amount of the funded EIDL less $100,
consistent with the $100 fee for the Carolina Amesty Foundation Inc. EIDL.
43. But the investigation to date has revealed no evidence to support the
gross revenue reported on the application: $475,000 for the 12-month period prior to
the date of the disaster (January 31, 2020). To the contrary, in response to a request
to the IRS as to whether Dinocar Auto Sales LLC filed a Form 1065, Form 1120, or
a Form 940 in 2019, the IRS advised it had not. Likewise, in response to a subpoena
to AMESTY’s CPA, the CPA did not provide any tax returns for 2019. Moreover,
the application stated that the entity did not even begin operations until November
20, 2019, consistent with the filing of Articles of Incorporation for the entity, and the
bank records do not contain support for the stated gross revenues as discussed below.
44. Likewise, investigators have been unable to find evidence to support the
number of employees listed on the application: 13 (as of January 31, 2020). The DFC
had no wage and earnings records for Dinocar Auto Sales LLC for the quarter
ending March 2020. Additionally, the IRS did not receive Forms 941 for the Dinocar
Auto Sales LLC for the quarter ending March 2020.
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45. As part of this investigation, FBI agents visited the business address
listed on the EIDL application, xxxx Lake Breeze Dr., Orlando, FL 32808, and
spoke with an employee of the construction business operating out of the location.
The employee stated she had worked out of that location for approximately four
years and that she was unfamiliar with Dinocar Auto Sales; however, she had seen
mail addressed to Dinocar.
46. In response to a subpoena to Dinocar Auto Sales LLC, business records
were provided for the years 2019 through 2022 that included incorporation records,
business financial records, employment records, and loan records. The 2019
incorporation records included the Articles of Incorporation for the entity and a letter
from the Florida Department of State certifying Dinocar Auto Sales LLC as a limited
liability company organized under the laws of the state filed on November 20,
2019—the same date of incorporation. Also included under the incorporation records
was an IRS notice dated December 10, 2019, with the assigned employer
identification number for the entity.
47. As to the business financial records provided, a few things are worth
noting. For starters, there were no records to indicate that Dinocar Auto Sales was
even licensed to operate as a car dealership. To the contrary, a search of public
records on the Florida Highway Safety and Motor Vehicles showed that Dinocar
Auto Sales LLC had not retained any license to operate as a car dealer. Among the
2019 business financial records provided were a Florida dealer registration form for
Fons Auto Sales Corp. and various invoices for purchases of vehicles by Fons Auto
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Sales Corp. Agents interviewed the owner of Fons Auto Sales Corp. who confirmed
that his dealer license had been used to purchase vehicles from auction for
AMESTY’s relative, but stated he did not recognize Dinocar Auto Sales LLC.
48. The only records provided as part of the 2019 business financial records
that referenced Dinocar Auto Sales LLC included one auto repair invoice and two
inventory lists. A letter of intent for rent and subsequent purchase of a property
listing AMESTY’s relative as the purchaser (with no mention of Dinocar Auto
Sales), dated December 11, 2019, was also provided—this letter was signed only by
the buyer and did not appear to be executed.
49. The 2019 employment records provided included the following: a copy
of a Learner’s License for another relative of AMESTY, a copy of a Driver’s License
for AMESTY’s relative, an employment application for E.Q.S., a copy of a Driver’s
License for E.Q.S, and an IRS Form W-9 (Request for Taxpayer Identification
Number and Certification) for E.Q.S. The employment application for E.Q.S. stated
that his desired position was P.E. Instructor and that the date he could start working
was September 30, 2019—Dinocar Auto Sales LLC opened in November 2019.
Furthermore, the position listed is not consistent with a car dealership business.
50. Records from BOA show that the activity in Dinocar Auto Sales LLC’s
account ending in 5798 does not support the information on the application
concerning gross revenues, cost of goods, rental properties, or number of employees.
To the contrary, the account was not opened until June 20, 2020—well after the
pandemic had started. Following the opening deposit of $100, the next transaction
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on the account was the credit from the SBA for the $37,400 EIDL proceeds (the total
amount of the EIDL less the $100 the SBA had to pay to secure the loan). Thus,
there was no activity in the account prior to the receipt of the SBA loan—none
related to business expenses or revenues, and none related to paying employees. The
2020 business financial records provided include the bank statements for BOA
account ending in 5798 for Dinocar Auto Sales LLC, which are consistent with the
subpoenaed BOA records showing the $100 deposit made on June 25, 2020,
followed by the SBA $37,400 EIDL proceeds, and no business-related revenue or
expenses. All funds were fully expended by August 28, 2020, and one deposit of $100
was made on September 2, 2020.
51. A financial analyst with the FBI analyzed the use of EIDL proceeds
after they were deposited into BOA account ending in 5798—again, none of which
appear to be spent on permissible expenses for Dinocar Auto Sales LLC under the
EIDL program. A chart memorializing the expenditure of the funds between July 30,
2020, and August 28, 2020, is below:
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Case 6:25-mj-01031-RMN Document 1 Filed 01/16/25 Page 23 of 24 PageID 23
deposit in September 2020—which is inconsistent with the gross revenues reported
on the EIDL application.
53. The FBI also analyzed how the funds were then used from the accounts
listed above after being transferred from Dinocar Auto Sales LLC’s BOA account
ending in 5798. A review of the activity on BOA account ending in 3250 (an account
for AMESTY, with AMESTY as the sole signatory) revealed that following the
receipt of the transfers for $16,000, the funds were expended on personal expenses,
including purchases at City Furniture and payments on credit cards.
54. A review of the activity on BOA account ending in 1782 (an account for
Pollo Juan Restaurant, LLC, with AMESTY and her relative as signatories) showed
that the $15,300 in SBA funds transferred to that account were expended on
operational costs related to the restaurant.
CONCLUSION
55. Based on the foregoing, I submit that probable cause exists that on June
23, 2020 and July 13, 2020, AMESTY did knowingly and willfully embezzle, steal,
purloin, or convert to her own use EIDL proceeds in the amount of $84,500
(Carolina Amesty Foundation Inc.) and $37,500 (Dinocar Auto Sales LLC) with the
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