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Home Source documents Court filing — No. 1:22-cr-00024 (Dkt. 34, N.D. Fla.)

Court filing — No. 1:22-cr-00024 (Dkt. 34, N.D. Fla.)

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     Case 1:22-cr-00024-AW-GRJ Document 34 Filed 01/30/23 Page 1 of 13




                IN THE UNITED STATES DISTRICT COURT
               FOR THE NORTHERN DISTRICT OF FLORIDA
                        GAINSVILLE DIVISION

UNITED STATES OF AMERICA

v.                                                 CASE NO. 1:22cr24AW/GRJ

PATRICK PARKER WALSH
_______________________________/

     GOVERNMENT’S SENTENCING MEMORANDUM REGARDING
          OVALO, TEXAS PROPERTY AND RESTITUTION

      COMES NOW, the United States of America, by and through the

undersigned Assistant United States Attorney, and files the following

memorandum regarding the Ovalo, Texas property and restitution, in aid of

sentencing:

I.    INTRODUCTION

      On August 30, 2022, Defendant Walsh and the government entered into a

plea agreement wherein Defendant would plead guilty to Count One (Wire Fraud)

and Count Two (Money Laundering) of the Information. The parties further

signed a Plea Agreement Rider regarding the collection of restitution and forfeiture

obligations.

      Defendant Walsh agreed to make full restitution to the victim, the United

States Small Business Administration, in the amount of $7,818,167.00. Defendant




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proposed to pay the restitution by selling certain real and personal properties to

maximize the funds available to pay the restitution.

         Presumably, Defendant would give his best effort and cooperation to sell his

properties agreed and to begin paying the restitution. However, Defendant has not

given his best effort and he has not fully cooperated. First, Defendant claims that

the home located in Ovalo, Texas, is a business property to be used by the

employees of Shiloh Oil while doing business in Texas. The government will

show that the Defendant is the true owner of the property, that Defendant

purchased the property in the name of an international trust beyond the reach of his

creditors, and that the property is used as a second home for his family. Second,

Defendant has misrepresented his efforts to sell his property in a good faith attempt

to pay the restitution. Third, Defendant has undervalued his assets by failing to

include his ownership interest in at least eight more airships than what he reported

to his pretrial services officer. Due to these actions, Defendant should not be

granted a downward variance in his sentence.

   II.      DISCUSSION

            a. The Texas Property

         After information appeared in the Presentence Investigation Report

regarding a property located at 1402 CR 161, Ovalo, Texas, the Court requested

that the parties be prepared to address the home and any related transactions. The


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government has conducted a thorough investigation of the public records, as well

as bank records, which allow it to draw the conclusion that the Texas property is

not owned and controlled by Defendant’s employer, Shiloh Oil, as he told his

pretrial services officer. Defendant is the true owner of the property and he has

attempted to conceal the ownership under various LLCs and an international trust

to move it beyond the reach of the government.

      The Texas property first came to the government’s attention through several

Facebook posts that raised suspicions that Defendant and his family may have

relocated to Texas. A screenshot of the Facebook posts is attached at Exhibit 1.

After contacting Defendant’s pretrial services officer to gather more information

about Defendant’s travels to Texas, the government was provided with a copy of a

letter wherein Defendant requested permission to temporarily relocate to Texas for

work, identifying his employer as Shiloh Oil. Defendant asserted that he and his

family would be staying at a company provided house located at 1402 CR 161,

Ovalo, TX. A copy of the letter is attached at Exhibit 2.

      Upon further investigation, the government discovered that the Texas

property is not owned by Shiloh Oil. In fact, the Warranty Deed with Vendor’s

Lien, attached at Exhibit 3 shows that property is owned by 1402 CR 161, LLC.

The mailing address for that LLC is 12 NW 5th Place, Williston, FL, of which




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Airsign Group, LLC, is the 100% owner. Defendant is the 100% owner of Airsign

Group, LLC, which reports a mailing address of Defendant’s personal residence.

      1402 CR 161, LLC purchased the property on July 14, 2022, for

$718,750.00. The Deed to Secure Debt and Security Agreement shows that 1402

CR 161, LLC is also the borrower of a of a loan in the amount of $575,000.00.

The final payment on the loan is due on July 5, 2024. Defendant signed the

document as “Patrick Walsh, Manager” on behalf of 1402 CR 161, LLC. A copy

of the Deed to Secure Debt and Security Agreement is attached at Exhibit 4. In

addition, Section 1.2 (e) of the Absolute Assignment of Rents, attached at Exhibit

5, indicates that Defendant Patrick Walsh and Hannah Walsh personally

guaranteed the debt. In addition, Defendant’s personal checking account shows a

$10,000.00 transfer to First Texas Title in Abilene, TX on April 4, 2022. It is

likely that this was an earnest money deposit for the Texas Property. A copy of the

bank statement is attached at Exhibit 6.

      Defendant purported that the Texas property is used by Shiloh Oil

employees as a place to stay while conducting business for Shiloh Oil in Texas.

The government requested information to corroborate that statement, and

Defendant produced a letter from Jay Cline dated January 26, 2023. The letter

stated that four employees, including Patrick Walsh, had stayed at the Texas

property, the “Shiloh Oil Base Camp,” during the week of January 16, 2023. A


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copy of the letter is attached at Exhibit 7. Assuming that letter was the full

disclosure of Shiloh Oil employees who had stayed at the property, no one other

than Defendant and his family have stayed there for Shiloh Oil business since the

property was purchased in July of 2022.

      The Defendant also supplied five pictures of the property, presumably to

support the characterization of the Texas property as a “base camp.” They are

attached at Exhibit 8. These pictures are a dishonest portrayal of what the property

is actually like. The home is 3,507 square feet, with 4 bedrooms, 3.5 bathrooms,

and a pool, which sits on nearly 35 acres. Forty pictures from the original listing

can be found here: https://www.realtor.com/realestateandhomes-detail/1402-

County-Road-161_Ovalo_TX_79541_M90414-61265. A smaller selection of

pictures from the listing is attached at Exhibit 9. Per the Multiple Listing Service

property description displayed on Realtor.com, the listing agent described the

property as follows:

      Welcome to your ostentatious custom home resting on 35 panoramic
      view acres & near the foot of Bald Eagle Mtn! This modern
      farmhouse styled by Caitlyn Murray of Black Lacquer Designs Los
      Angeles lives up to its name & features thoughtful custom finishes
      throughout. Elevated luxury & functional layout is ideal for hosting &
      includes a formal dining topped with artist painted wallpaper, built in
      serve ware cabinet, hand crafted glass transoms, kitchen with ample
      cabinetry & quartz topped counters, prep island, wet bar with wine
      fridge & coffee station. Carefully selected & hand built lighting
      completes the look. Owners suite offers 2 walk-in closets with built-in
      dressers, en suite bath, clawfoot soaking tub & walk-in shower with
      contemporary tiling. 2nd story living provides boastful rooms, walk-in
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      closets & built in study with two desks. Watch the game in the well
      equipped media room. Outdoor living boasts new heated pool & full
      barndominium apartment with impeccable styling + shop!

While Defendant has represented that this property is a “base camp” used for

business travel, is actually a beautiful second home for his family with an

estimated value (a Zillow.com “Zestimate”) of about $1,100,000. Even if Shiloh

Oil employees stayed at the property while on business, it is doubtful that they

would stay in the main house where Defendant’s wife and children sleep. They

would only stay in the “barndominium.”

         b. Shiloh Oil Company and the Walsh International & Irrevocable
            Family Trust

      Defendant has asserted that the Texas property is wholly owned by Shiloh

Oil and 1402 CR 161, LLC, which is owned by the Walsh International &

Irrevocable Family Trust Indenture (the “Trust”). Defendant has further asserted

that he was the grantor of the Trust, legally removing all his rights of ownership to

the assets and the trust on August 17, 2020, and that the legal ownership of the

trust and its assets belongs to the Trustee, Georgetown Trust. The Trust was

created in Belize and the Trustee is an entity located in Belize. A copy of the Trust

Certificate and The Walsh International & Irrevocable Family Trust Indenture is

attached at Exhibit 10.




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         The government received a copy of the Trust on January 30, 3023. Schedule

A to the Trust reports the following list of assets that Defendant transferred into the

Trust:

                                                                         Value:

         1. Shiloh Oil Company, LLC (100% of member interests)           $950,000.00

         2. Eagle Creek Management, LLC (100% of member interests) $250,000.00

         3. Florida Land Trust                                           $1,500,000.00

         4. Cash                                                         $200,000.00

This information conflicts with Defendant’s statements regarding the Trust assets.

As Defendant noted on page 33 of his Memorandum in Aid of Sentencing (Doc.

32):

         Mr. Walsh provided the government a Financial Statement of Debtor
         form and on page 3 stated: The Walsh Family International &
         Irrevocable 1) the trust has no liquid money other than a couple
         thousand to cover trust fees a 2) the Trust does own Shiloh Oil
         Company Inc which still has operated at a loss and has not recognized
         a profit yet.

These statements are more evidence of Defendant’s dishonesty and they do not

support his claim that he has been cooperative with the government.

         The Trust is governed by the laws of Belize, which is often described as a

tax and trust haven. Defendant’s trust attorney’s website, www.nagellaw.com,

explains the benefits of an offshore trust in Belize:



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      Belize has achieved notoriety because it has taken the strongest
      legislative measures to protect the interests of a trust beneficiary over
      those of the settler’s judgment creditor.

      For example, in most of the U.S. states, if litigation arises within one
      year (often longer) of a trust structure being set up, the courts will “look
      back” to the trust-creation date and disallow the trust, so that the
      creditors are able to reach the assets.

      By contrast, under Belizian law, once a trust is established, even if
      litigation begins within one week, the trust assets are protected and
      beyond the reach of any creditors.

      Furthermore, a trustee cannot comply with a settler’s demands if those
      demands are made under duress. Under Belizian law, a settler’s
      demand is deemed to be made under duress if it is made pursuant to a
      court order. A settler thus can comply with a court order, to reveal
      assets and know that, in fact, no disclosure will be made.

When Defendant Walsh created the Trust and then transferred ownership of the

Texas property into the Trust, the clear motivation was to move valuable assets

beyond the reach of the government.

      It is important to recall that the fraudulent PPP and EIDL applications began

in April 2020 and the Trust was formed three months later in July of 2020. The

Trust Agreement clearly shows which assets were transferred into the Trust at the

time it was created. On June 2, 2022, Defendant converted Shiloh Oil into a

corporation and named the Trust as the incorporator. Defendant signed the Profit

Corporation Articles of Incorporation as the CEO of the Trust. The document was

not filed with the State of Wyoming until November 30, 2022. A copy of the

Articles of Incorporation is attached at Exhibit 11.
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      The Trust was created while Defendant was actively committing fraud

against the government. The Texas property, which Defendant asserts is owned by

the Trust, was purchased while Defendant was under investigation and negotiating

the Plea Agreement Rider. These actions do not support Defendant’s claim that he

has been cooperating with the government and giving his best effort to pay

restitution. On the contrary, Defendant has been actively attempting to protect his

valuable assets from the reach of the government by creating new businesses and

transferring ownership to the Trust.

      Despite the creation of the Trust or any other documents that Defendant has

signed to make it appear that he does not have ownership and control of the Texas

property and other Shiloh Oil assets, he continues to control and benefit from the

assets. First, Defendant has identified himself as the CEO of the Trust. Second,

Defendant sold the property located at 7005 State Highway, Cisco, TX, which was

owned by Shiloh Oil. The proceeds of the sale were transferred to the government

to pay Defendant’s restitution. A copy of the warranty deed signed by Defendant

Patrick Walsh as the managing member and authorized seller of Shiloh Oil is

attached at Exhibit 12. If Defendant can sell the Shiloh Oil-owned property

located at 7005 State Highway, he can sell the Shiloh Oil-owned property located

at 1402 CR 161.




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     Case 1:22-cr-00024-AW-GRJ Document 34 Filed 01/30/23 Page 10 of 13




          c. Defendant is not working aggressively to sell his assets.

      Defendant has asserted that he has been working aggressively to sell his

assets and has been selling them at a near fire-sale basis. He further states that he

submitted to the government a timeline of sales that are scheduled to close in the

next 120 days. (Walsh’s Presentencing Memo, page 22. Doc. 32.). An email

showing the apparent timeline of sales is attached at Exhibit 13. The status of the

property is summarized as follows:

 Property           Estimated Value Per          Sale Status
                    Plea Agreement
                    Rider
                    8/30/22
 12 NW 5 Pl
          th
                    $1,503,865, less costs       For sale
 Williston, FL      and fees                     Not under contract
 Sweetheart Island  $1,200,000 less costs        For sale
 Yankeetown, FL     and fees                     Not under contract
 8657 NE 150 Ave. $430,000 less costs
              th
                                                 Not for sale
 Williston, FL      and fees
 541 SE 1 Ave
          st
                    $66,000 less costs           Not for sale
 Williston, FL      and fees
 7005 State Hwy 183 $504,000 less costs          Sold 11/15/2022
 Cisco, TX          and fees                     USA received $453,510.95
 Commercial         $300,000 less costs          Sold 12/16/22
 Property Hwy 19    and fees                     USA to receive $8,976.09
 Dixie County, FL
 Airships           Four unnamed                 Purchase agreement- A60R airship
                    airships at $800,000         SN180 for $1,125,000.00.
                    each

 At least three                                  Status of other airships is unknown.
 undisclosed airships




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Despite Defendant’s claim that the properties are scheduled to close within 120

days, there are no purchase agreements and not all the properties are listed for sale.

       The Defendant agreed in the Plea Agreement Rider that he intended to sell

four airships, valued at $800,000.00 each. It does not appear that any airships were

included in the valuation of Defendant’s business or personal assets in the PSR.

Defendant has at least eight airships registered under his various “Airsign”

business names, not including the airship recently sold to LTA. Records from the

FAA are attached at Exhibit 14. The businesses with FAA-registered airships

include: Airsign Airship Group, LLC, Airsign Airships America, LLC (co-owner

Airsign Airships Title, LLC), and Airsign Airships Asia Pacific, LLC. If each

airship has an estimated value of $800,00.00, as suggested by Defendant’s

valuation in the Plea Agreement Rider, the potential sale value is $6,400,000.00.

However, those airships were not disclosed as assets in the PSR and there is no

indication that Defendant is attempting to sell these airships to quickly pay his

restitution.

   III.   CONCLUSION

       The Ovalo, Texas property is a valuable asset that Defendant has

mischaracterized as not being owned by him and not in his control. In fact,

Defendant created the Trust for the purposes of hold assets for his own benefit and

has continued to put valuable property into the Trust. In addition, Defendant has


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not been aggressively selling his property, as he has represented. Finally,

Defendant did not make a full and honest disclosure of the value of his assets to his

pretrial services officer. Defendant should not be granted a downward variance.



                                              Respectfully submitted,

                                              JASON R COODY
                                              United States Attorney

                                              /s/ Katherine C. Kerwin
                                              KATHERINE C. KERWIN
                                              Assistant United States Attorney
                                              Michigan Bar Number P73070
                                              111 North Adams Street, Fourth Floor
                                              Tallahassee, FL 32301
                                              Katherine.Kerwin@usdoj.gov
Dated: January 30, 2023                       (850) 942-8430


      CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(F)
      I HEREBY CERTIFY that this memorandum complies with the word

limitation of Local Rule 7.1(F) because this pleading contains less than 2,578

words.

                                              /s/ Katherine C. Kerwin
                                              KATHERINE C. KERWIN
                                              Assistant United States Attorney



                          CERTIFICATE OF SERVICE



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      I HEREBY CERTIFY that a true and correct copy of the foregoing has been

filed via the Court’s CM/ECF system on this 30thth day of January, 2023, which

will send notification of such filing to all counsel of record.


                                                /s/ Katherine C. Kerwin
                                                KATHERINE C. KERWIN
                                                Assistant United States Attorney




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