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Indictment — U.S. v. David Christopher Redfern (M.D.N.C.)

Summary

A grand jury indictment in United States v. David Christopher Redfern, Case 1:20-cr-00340, in the U.S. District Court for the Middle District of North Carolina, filed August 31, 2020 as Document 9. Counts One, Two, and Three charge wire fraud under Title 18, United States Code, Sections 1343 and 2, and Count Four charges bank fraud under Sections 1344(2) and 2. The indictment alleges that Redfern submitted EIDL applications and a PPP application for Wilder Effects LLC that falsely stated its employees, revenues and payroll, supported by a false IRS Form 941 and a false bank statement. It states that $410,322 in PPP funds was deposited on or about June 2, 2020, and that EIDL-related deposits of $2,000 were made on May 5, 2020 and June 18, 2020. A forfeiture allegation follows.

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“Indictment — U.S. v. David Christopher Redfern (M.D.N.C.).” Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cr-00340-dkt-9-d25afe6adb/, SHA-256 1e4baada2e76c38621c3c5e7285c6d9d8d5fab9627199bab0e49a7e7d0f34c70.

Full text

                 IN THE UNITED STATES DISTRICT COURT

            FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


UNITED STATES OF AMERICA

                  V.                              l:20CR   3YV-1
DAVID CHRISTOPHER REDFERN


                            The Grand Jury charges:

                              General Allegations

      At all times material to this Indictment:

                       The Defendant and Related Entity

      1.      The defendant, DAVID CHRISTOPHER REDFERN, was a

resident of Trinity, North Carolina, in the Middle District of North Carolina.

      2.      REDFERN was the registered agent and owner of Wilder Effects

LLC ("Wilder Effects"), a company that was registered with th e North Carolina

Secretary of State on or about January 17, 2020. The register ed business

a ddress for Wilder Effects was REDFERN's r esidential address.

           The Small Business Administration and the CARES Act

      3.      The United States Small Business Administration ("SBA") was an

executive-branch agency of the United States government that provided

support to entrepreneurs and small businesses. The mission of the SBA was

to maintain and strengthen the nation's economy by enabling the




            Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 1 of 14
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        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.

              4.    As part of this effort, the SBA enabled and provided for loans

        through banks, credit unions, and other lenders that had government-backed

        guarantees. The SBA also provided direct loans.

              5.     In or around March 2020, the Coronavirus Aid, Relief, and

        Economic Security ("CARES") Act was enacted to provide emergency financial

        assistance to the millions of Americans suffering adverse economic effects

        caused by the COVID-19 pandemic. The CARES Act established several new

        temporary programs and provided for expansion of others, including programs

        created and/or administered by the SBA.

                            The Paycheck Protection Program

              6.     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, Congress

        authorized over $300 billion in additional PPP funding.

              7.     In order to obtain a PPP loan, a qualifying business was required

        to submit a PPP loan application, which was signed by an authorized
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                   Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 2 of 14
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        representative of the business. The PPP loan application required the business

        (through its authorized representative) to acknowledge the program rules and

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

        loan. In the PPP loan app4cation, the small business (through its authorized

        representative) was required to state, among other things, its: (i) average

        monthly payroll expenses; and (ii) number of employees. These figures were

        used to calculate the amount of money the small business was eligible to

        receive under the PPP. In addition, businesses applying for a PPP loan were

        required to provide documentation showing their payroll expenses.

              8.    A PPP loan application was required to be processed by a

        participating financial institution ("lender"). If a PPP loan application was

        approved, the lender funded the PPP loan using its own moneys, which were

        100% guaranteed by the SBA.           Data from the application, including

        information about the borrower, the total amount of the loan, and the listed

        number of employees, was transmitted by the lender to the SBA in the course

        of processing the loan.

              9.    PPP loan proceeds were required to be used by the business on

        certain permissible expenses: payroll costs, interest on mortgages, rent, and

        utilities. The PPP allowed the interest and principal on the PPP loan to be

        entirely forgiven if the business spent the loan proceeds on these expense items
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                   Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 3 of 14
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        within a designated period of time after receiving the proceeds and used a

        certain amount of the PPP loan proceeds on payroll expenses.

                        The Economic Injury Disaster Loan Program

              10.     The Economic Injury Disaster Loan ("EIDL") program was an SBA

        program that provided low-interest financing to small businesses, renters, and

        homeowners in regions affected by declared disasters.

              11.     The CARES Act authorized the SBA to provide EIDLs to eligible

        small businesses experiencing substantial financial disruptions due to the

        COVID-19 pandemic. In addition, the CARES Act authorized the SBA to issue

        advances ofup to $10,000 to small businesses. The amount of the advance was

        determined by the number of employees the applicant certified having. The

        advances did not have to be repaid.

              12.     In order to obtain an EIDL and advance, a qualifying business was

        required to submit an application to the SBA and provide information about

        its operations, such as the number of employees, gross revenue for the 12·

        month period preceding the disaster, and cost of goods sold in the 12-month

        period preceding the disaster. In the case of EIDLs for COVID-19 relief, the

        12-month period was that preceding January 31, 2020. The applicant was also

        required to certify that all of the,information in the application was true and

        correct to the best of the applicant's knowledge.
                                                4




                    Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 4 of 14
      13.     EIDL applications were submitted directly to the SBA and

processed by the agency with support from a government contractor, Rapid

Finance.     The amount of the loan, if the application was approved, was

determined based, in part, on the information provided in the application

concerning the number of employees, gross revenue, and cost of goods, as

described above. Any funds issued under an EIDL or advance were issued

directly by the SBA.      EIDL funds were permitted to be used for payroll

expenses, sick leave, production costs, and business obligations, such as debts,

rent, and mortgage payments. If the applicant also obtained a loan under the

PPP, the EIDL funds were not permitted to be used for the same purpose as

the PPP funds.

            Relevant Financial Institutions and Related Entities

      14.     Financial Institution 1 was a federally insured financial

institution based in Utah.     Financial Institution 1 was an SBA Preferred

Lender and participated as a PPP lender to small businesses.

      15.     FinTech 1 was a financial technology company based in California.

FinTech 1 participated in the SBA's PPP by, among other things, acting as a

service provider between small businesses and certain lenders, including

Financial Institution 1.    Small businesses seeking PPP loans could apply

through FinTech 1 for PPP loans.            FinTech 1 would review the loan
                                        5




            Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 5 of 14
applications. If a loan application received by FinTech 1 was approved for

funding, a partner lender, such as Financial Institution 1, disbursed the loan

funds to the applicant.

      16.     Financial Institution 2 was a federally insured financial

institution based in California with branches throughout the United States.
                                                  '
Neither REDFERN nor Wilder Effects maintained an account at Financial

Institution 2.

      17.     Financial Institution 3 was a federally insured financial

institution based in North Carolina with branches throughout the United

States. On or about January 23, 2020, REDFERN opened a business account

in Wilder Effects' name at Financial Institution 3 ("Wilder Effects account").

      18.     Financial Institution 4 was a fed'erally insured financial
                                   \

institution based in Texas with branches throughout the United States. On or

about June 2, 2020, REDFERN opened a business account in Wilder Effects'

name at Financial Institution 4.       REDFERN had previously opened two

individual accounts at Financial Institution 4.

                           The Scheme to Defraud

      19.     From in or around April 2020, continuing up to and including at

least in or around June 2020, REDFERN devised a scheme to defraud by

submitting and causing to be submitted false and fraudulent loan applications
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            Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 6 of 14
(i) to the SBA in order to obtain funds through the EIDL program and (ii) to

Financial Institution 1 and FinTech 1 in order to obtain funds through the

PPP.

                      Purpose of the Scheme to Defraud

       20.     It was the purpose of the scheme for REDFERN to unjustly enrich

himself and others by obtaining EIDL and PPP loan proceeds under false and

misleading pretenses, including by making false statements about the number

of Wilder Effects employees and the intended use of the loan proceeds and by

providing false documentation.

                               Manner and Means

                   EIDL Applications Submitted to the SBA

       21.     On or about April 12, 2020, REDFERN applied electronically for

an EIDL from the SBA ("EIDL Application -4729"). In connection with EIDL

Application -4729, REDFERN falsely affirmed, among other information, that

Wilder Effects had two employees, had suffered $3,000 in rental losses due to

the disaster, and in the twelve months prior to the disaster had $21,000 in

gross revenues and $13,000 in cost of goods sold. On or about June 16, 2020,

EIDL Application -4 729 was approved for an EIDL ("EIDL Loan •7904") in the

amount of $2,000.



                                         7




             Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 7 of 14
      22.     On or about May 17, 2020, REDFERN applied electronically for an

EIDL from the SBA ("EIDL Application -4452"). In connection with EIDL

Application -4452, REDFERN falsely affirmed, among other information, that

Wilder Effects had nine employees, and in the twelve months prior to the

disaster, had $30,000 in gross revenues and $27,500 in cost of goods sold. EIDL

Application -4452 was not approved.

      PPP Loan Application Submitted to Financial Institution 1

      23.     On or about June 1, 2020, REDFERN caused an electronic PPP

application in the name of Wilder Effects to be sent to FinTech 1. The Wilder

Effects PPP application requested $410,322 to support Wilder Effects'

purported payroll. In the Wilder Effects PPP application, REDFERN falsely

affirmed or caused to be falsely affirmed, among other information, that: (i) he

was the sole owner of Wilder Effects; and (ii) Wilder Effects had twenty

employees and an average monthly payroll of $164,129.

      24.    The Wilder Effects PPP application appended as supporting

documentation: (i) a false and fraudulent purported IRS Form 941 (Employer's

Quarterly Federal Tax Return) for the first quarter of 2020 showing

$492,389.01 paid in wages to twenty employees; and (ii) a false and frauduleiit

Financial Institution 2 bank statement for Wilder Effects dated February 27,

2020, showing a balance of $290,028.70.
                                        8




            Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 8 of 14
      25.     Individual 1 prepared the false and fraudulent supporting

documentation for the Wilder Effects PPP application.

                        EIDL and PPP Loan Proceeds

      26.     On or about May 5, 2020, an EIDL advance totaling approximately

$2,000 was deposited in the Wilder Effects account at Financial Institution 3.

              a. On or about May 6, 2020, three separate cash withdrawals

                 totaling $1,400 were made from the Wilder Effects account.

              b. On or about May 10, 2020, an additional $560 in cash was

                 withdrawn from the Wilder Effects account.

      27.     On or about June 2, 2020, $410,322 in PPP funds were deposited

into the Wilder Effects account.

              a. On or about June 2, 2020, an attempt was made to wire

                 $102,580 from the Wilder Effects account to an account in

                 Florida controlled by Individual 1.

              b. On or about June 3, 2020, an $8,000 counter check written to

                 "cash" was withdrawn from the Wilder Effects account.

      28.     On or about June 18, 2020, $2,000 in EIDL funds in connection

with EIDL Loan -7904 were deposited into the business account in Wilder

Effects' name at Financial Institution 4.



                                         9




            Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 9 of 14
              a. On or about June 18, 2020, $800 was transferred from the

                 business account to an individual account in REDFERN's name

                 at Financial Institution 4.

              b. On or about June 21, 2020, an additional $500 was transferred

                 from the business account to an individual account in

                 REDFERN's name at Financial Institution 4.

                      COUNTS ONE, TWO, AND THREE
                                  (Wire Fraud)

      29.     Paragraphs 1 through 28 of the Indictment are incorporated by

reference as if fully set forth herein.

      30.     On or about the dates specified as to each count below, in the

Middle District of North Carolina, and elsewhere, DAVID CHRISTOPHER

REDFERN, having knowingly devised and intended to devise a scheme and

artifice to defraud, and to obtain money and property by means of materially

false and fraudulent pretenses, representations, and promises, did transmit

and cause to be transmitted by means of wire communications in-interstate

commerce, writings, signs, signals, pictures, and sounds for the purpose of

executing such scheme and artifice, as set forth below:




                                          10




            Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 10 of 14
 Count          Approximate                        Description
                   Date               )


    1            May 5, 2020       Wire transfer of $2,000 that the SBA, 1n
                                   Colorado, caused to be routed in interstate
                                   commerce to the Wilder Effects account at
                                   Financial Institution 3 in North Carolina.

    2            June 2, 2020      Wire transfer of $410,322 that Financial
                                   Institution 1, in Utah, caused to be routed in
                                   interstate commerce to the Wilder Effects
                                   account at Financial Institution 3 in North
                                   Carolina.

    3            June 18, 2020     Wire transfer of $2,000 that the SBA, in
                                   Colorado, caused to be routed in interstate
                                   commerce to the Wilder Effects account at
                                   Financial Institution 4 in North Carolina.

        All in violation of Title 18, United States Code, Sections 1343 and 2.

                                   COUNT FOUR
                                   (Bank Fraud)

        31.     Paragraphs 1 through 28 of the Indictment are incorporated by

reference as if fully set forth herein.

        32.     From in or around April 2020, continuing up to and including in or

around June 2020, the exact dates to the Grand Jurors unknown, in the Middle

District of North Carolina, and elsewhere, DAVID CHRISTOPHER REDFERN

knowingly executed and attempted to execute a scheme and artifice to obtain

moneys, funds, credits, assets, securities, or other property owned by, or under


                                          11




              Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 11 of 14
the custody or control of, a financial institution, by means of false and

fraudulent pretenses, representations, and promises.

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

                         FORFEITURE ALLEGATION

      33.      The allegations contained in this Indictment are hereby realleged

and incorporated by reference for the purpose of alleging forfeiture pursuant

to Title 18, United States Code, Section 982(a)(2).

      34.      Upon conviction of one or more of the offenses set forth in Counts

One, Two, Three, and Four of this Indictment, the defendant, DAVID

CHRISTOPHER REDFERN, shall forfeit to the United States of America,

pursuant to Title 18, United States Code, Section 982(a)(2), any property

constituting, or derived from, proceeds the defendant obtained directly or

indirectly, as the result of such violation.     Such forfeitable property may

include a money judgment in an amount equal to the amount of proceeds

obtained as a result of the offenses.

      35.      If any of the property described above, as a result of any act or

omission of the defendant:

               a.   cannot be located upon the exercise of due diligence;

               b.    has been transferred or sold to, or deposited with, a third

      party;
                                        12




            Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 12 of 14
            c.    has been placed beyond the jurisdiction of the Court;

            d.    has been substantially diminished in value; or

            e.    has ·been commingled with other property which cannot be

      divided without difficulty;

it is the intent of the United States of America, pursuant to Title 21, United

States Code, Section 853(p), -as incorporated by Title 18, United States Code,

Section 982(b)(l), to seek forfeiture of any other property of the defendant up

to the value of the property described above as being subject to forfeiture.




                                       13




         Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 13 of 14
     All pursuant to Title 18, United States Code, Section 982, a nd Rule

32.2(a), Federal Rules of Criminal Procedure.

                                   DATED: August 31, 2020

                                   MATTHEW G. T. MARTIN
                                   United States Attorney


                                   B ~ f u G ~c.~
                                   Assistant United States Attorney

                                   ROBERT ZINK
                                   Chief, Fraud Section
                                   United States Department of Justice
                                   Criminal Division
                                                                         ""h=v"

                                   B~s~£ttXA~DE~~i~R '1 NT
                                   Trial Attorney, Fraud Section


A TRUE BILL:


 OEPERSoN




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         Case 1:20-cr-00340 Document 9 Filed 08/31/20 Page 14 of 14


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