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Case 1:21-cr-00403-VEC Document 37 Filed 06/14/21 Page 1 of 9
UNITED STATES DISTRICT COURT
SOUTHER~ DISTRICT OF NEW YORK
- - - - - - - - - - - - - - X
UNITED STATES OF AMERI CA
- v. - INDICTMENT
NGOC MANH NGUYEN , 2 1 Cr .
a/k/a "Peter Nguyen ,"
VICTORIA DIEUY HO,
a/k/a "Vicky Ho," and
DAT TAT HO ,
Defendants .
21CRIM 403
X
COUNT ONE
(Major Fraud Against the United States)
The Grand Jury charges:
1. From at least in or about April 2020 through at least
in or about June 2020 , in the Southern District of New York and
elsewhere , NGOC MANH NGUYEN , a/k/a "Peter Nguyen ," VICTORIA
DIEUY HO , a/k/a "Vicky Ho ," and DAT TAT HO, the defendants ,
willfully and knowingly executed , and attempted to execute , a
scheme and artifice with the intent to defraud the United
States , and to obtain money and property by means of false and
fraudulent pretenses , representations , and promises , in a grant ,
contract , subcontract , subsidy , loan, guarantee , insurance, and
other form of Federal assistance , including through an econ omic
stimulus , recovery and rescue plan provided by the Government ,
the v alue o f which was $1 , 0 00 ,000 and mo re , t o wit, the
defendants engaged in a scheme to obtain Gov ernment - guaranteed
Case 1:21-cr-00403-VEC Document 37 Filed 06/14/21 Page 2 of 9
loans by means of false and fraudulent pretenses ,
representat i ons , and documents , for several related nail salons
and other companies (the "Victoria Companies " ) through a loan
program of the United States Small Business Administration (the
"SBA") designed to provide relief to small businesses during the
novel coronavirus/COVID- 19 pandemic , namely the Paycheck
Protection Program (the "PPP " ) .
(Title 18 , United States Code , Sections 1031 and 2 . )
COUNT TWO
(Conspiracy to Commit Wire Fraud and Bank Fraud)
The Grand Jury further charges:
2. From at least in or about April 2020 through at least
in or about June 2020, in the Southern District of New York and
elsewhere , NGOC MANH NGUYEN , a/k/a "Peter Nguyen , " VICTORIA
DIEUY HO , a/k/a "Vicky Ho ," and DAT TAT HO , the defendants , and
others known and unknown , willfully and knowingly , did combine ,
conspire , confederate , and agree together and with each other to
commit wire fraud , in violation of Title 18 , United States Code ,
Section 1343 , and bank fraud , in violation of Title 18 , United
States Code , Section 1344.
3. It was a part and an object of the conspiracy that
NGOC MANH NGUYEN , a/k/a "Peter Nguyen ," VICTORIA DIEUY HO, a/k/a
" Vicky Ho ," and DAT TAT HO , the defendants , and others known and
unknown , having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by
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means of false and fraudulent pretenses , representations , and
promises , knowingly and willfully would and did transmit and
cause to be transmitted by means of wire , radio , and television
communication in interstate and foreign commerce , writings ,
signs , signals , pictures , and sounds for the purpose of
executing such scheme and artifice , in violation of Title 18 ,
United States Code , Section 1343 , to wit , the defendants engaged
in a scheme to obtain Government-guaranteed loans for the
Victoria Companies through the PPP by means of false and
fraudulent pretenses , representations , and documents , including
through electronic communications transmitted into and out of
the Southern District of New York.
4. It was further a part and an object of the conspiracy
that NGOC MANH NGUYEN , a/k/a "Peter Nguyen , " VICTORIA DIEUY HO ,
a/k/a "Vicky Ho , " and DAT TAT HO , the defendants, and others
known and unknown , knowingly and willfully would and did execute
and attempt to execute a scheme and artifice to defraud a
financial institution, the deposits of which were then insured
by the Federal Deposit Insurance Corporation ("FDIC") , and to
obtain moneys , funds , credits , assets , securities , and other
property owned by , and under the custody and control of , such
financial institution, by means of false and fraudulent
pretenses , representations , and promises, in violation of Title
18 , United States Code, Section 1344 , to wit, the defendants
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engaged in a scheme to obta i n Government - guaranteed loans for
the Victoria Companies from FDIC - insured banks through the PPP
by means of fa l se and fraudulent pretenses , representations , and
documents .
(Title 18 , United States Code , Section 1349.)
COUNT THREE
(Conspiracy to Make False Statements)
The Grand Jury further charges :
5. From at least in or about April 2020 through at least
in or about June 2020 , in the Southern District of New York and
elsewhere , NGOC MANH NGUYEN, a/k/a "Peter Nguyen ," VICTORIA
DIEUY HO , a/k/a "Vicky Ho ," and DAT TAT HO , the defendants , and
others known and unknown , willfully and knowingly , did combine ,
conspire , confederate , and agree together and with each other to
commit offenses against the United States , to wit , violations of
Title 1 8 , United States Code , Sections 1014 and 1001.
6. It was a part and an object of the conspiracy that
NGOC MANH NGUYEN , a/k/a "Peter Nguyen ," VICTORIA DIEUY HO , a/k/a
"Vicky Ho ," and DAT TAT HO , the defendants , and others known and
unknown , knowingly would and did make a false statement and
report for the purpose of influencing the actions of a financial
institution , the accounts of which were insured by the FDIC , in
connection with an application and loan , in violation of Title
18 , United States Code , Section 1014, to wit , the defendants
agreed to make false statements regarding , among other things,
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the number of employees of and wages paid by the Victoria
Companies , for the purpose of obtaining Government-guaranteed
loans for the Victoria Companies from FDIC-insured banks through
the PPP .
7. It was further a part and an object of the conspiracy
that NGOC MANH NGUYEN , a/k/a "Peter Nguyen, " VICTORIA DIEUY HO,
a/k/a "Vicky Ho , " and DAT TAT HO , the defendants , and others
known and unknown , in a matter within the jurisdiction of the
executive branch of the Government of the United States ,
knowingly and willfully , would and did falsify , conceal and
cover up by a trick , scheme and device a material fact , make a
materially false , f i ctitious , and fraudulent statement and
representation, and make and use a false writing and document
knowing the same to contain a materially false , fictitious , and
fraudulent statement and entry , in violation of Title 18 , United
States Code , Section 1001 , to wit , the defendants agreed to make
false and misleading statements regarding , among other things ,
the number of employees of and wages paid by the Victoria
Companies , for the purpose of obtaining Government-guaranteed
loans for the Victoria Companies through the PPP administered by
the SBA .
Overt Acts
8. In furtherance of the conspiracy and to effect the
illegal objects thereof , the following overt acts , among others ,
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were committed in the Southern District of New York and
elsewhere :
a. On or about April 27 , 2020 , VICTORIA DIEUY HO ,
a/k/a "Vicky Ho ," the defendant , submitted a PPP loan
application for Victoria's Day Spa & Nails 2000 Inc . (" Victoria
Company-1" ) to a financial institution ("Bank-1") that contained
false statements inflating the number of employees and total
average payroll of Victoria Company-1.
b. On or about April 29, 2020 , NGOC MANH NGUYEN ,
a/k/a "Peter Nguyen ," the defendant , submitted fabricated tax
forms , which contained false statements inflating the number of
employees and payroll of Victoria Company-1 , to a Bank- 1
representative based in Manhattan , New York .
c. On or about May 4 , 2020 , Bank-1 received a PPP
loan application for ND - Victoria 's Nails and Spa Inc .
(" Victoria Company- 2 " ) signed by DAT TAT HO , the defendant . The
application contained false statements inflating the number of
employees and total average payroll of Victoria Company-2 .
(Title 18, United States Code , Section 371 . )
FORFEITURE ALLEGATIONS
9. As the result of committing the wire fraud, bank
fraud, and false statements to a bank offenses charged in Counts
Two and Three of this Indictment, NGOC MANH NGUYEN , a/k/a "Peter
Nguyen ," VICTORIA DIEUY HO, a/k/a "Vicky Ho," and DAT TAT HO ,
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the defendants , shall forfeit to the United States , pursuant to
Title 18 , United States Code , Section 982 (a) (2) (A) , any and all
property constituting , or derived from , proceeds obtained
directly o r indirectly , as a result of the commi ssion of said
offenses , including but not limited to a sum of money in United
States currency representing the amount of proceeds traceable to
the commission o f sa i d offenses .
Substitute Assets Provision
10. If any of the above-described forfeitable property , as
a result of any act or omission of the defendants:
a. cannot be located upon the exercise of due
diligence ;
b. has been transferred or sold to , or deposited
with , a third person ;
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 subdivided without difficulty ;
it is the intent of the United States , pursuant to Title 21 ,
United States Code , Section 853(p) , and Title 28 , United States
Code , Section 2461 , to seek forfeiture of any other property of
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the defendants up to the value of the forfeitable property
described above.
(Title 18 , United States Code , Section 982 ;
Title 21 , Un i ted States Code , Section 853 ; and
Title 28 , United States Code , Section 2461 . )
~/4/-
~REPERSON V ~u~,
United States Attorney
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF .AMERICA
v.
NGOC MANH NGUYEN,
a/k/a "Peter Nguyen,"
VICTORIA DIEUY HO,
a/k/a "Vicky Ho," and
DAT TAT HO,
Defendants.
INDICTMENT
21 Cr .
(18 U. S . C . §§ 371 , 1031 , 1349 , and 2 . )
AUDREY STRAUSS
United States Attorney
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