Stipulated Factual Basis — United States v. Elisa Rivera (S.D. Fla., Dkt. 9)
Summary
Stipulated Factual Basis entered on the docket February 24, 2022 as Document 9 in United States of America v. Elisa Rivera, Case No. 22-20028-Cr (1:22-cr-20028-DLG), U.S. District Court for the Southern District of Florida. The United States and the defendant stipulate to facts the United States would have offered at trial. The stipulation states that from on or about July 1,2020 through on or about August 31,2020 the defendant, Individual 1 and others conspired to submit false EIDL applications to the SBA, and that the SBA on or about July 6,2020 disbursed a $10,000 advance and on or about July 13,2020 disbursed $61,200 in loan proceeds on the defendant's application. It states that the defendant submitted applications for other applicants and charged a fee of up to $1,000 each. The five-page document has signature lines for the parties.
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Cite this document
“Stipulated Factual Basis — United States v. Elisa Rivera (S.D. Fla., Dkt. 9).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-cr-20028-dkt-9-s-d-fla-d07e4f80e7/
, SHA-256 ed426b0d4ba5ad6a54fccc763528603fb2cf115b6396525d9fdda8cab4b9daac.Full text
Case 1:22-cr-20028-DLG Document 9 Entered on FLSD Docket 02/24/2022 Page 1 of 5
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UNITEDSTATES DISTRICT C#URT
SOUTHERN DISTRICT OF FLOFIDA '
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CaseNo.22-20028-Cr-GRAHAM/k'
cALILEY
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UNITED STA TES O F A M ERICA
V.
ELISA RIVERA ,
Defendant.
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STIPULATED FA CTUAL BASIS
The Uni
ted States and ELISA RIVERA (l
dthe defendanf') hereby stipulate and
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agree thathad this matterproceeded to trial,the Unitiid States would have offered
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evidence and testimony to establish the following fact ?
upl
t basis beyond a reasonable
doubt: '
The defendant,w ho resided in M iam i-Dade County,in the Southern District of
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Florida,was ataIlrelevanttim es em ployed full-tim e in a civilian position by the M iam i-
Dade Police Departmentas an Adm inistrative Officer. Dgring the calendaryears 2019
and 2020, the defendant rem ained a full-tim e em ployèe
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of the M iam i-Dade Police
Departm entand she suffered no Ioss in salary due to the COVID-19 pandem ic. At aII
relevanttim es,the defendantm aintained an account atC.hase Bank. A co-conspirator
referred to herein as '
llndividua!1''was a residentofCherpkeè County,Georgia.
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The United States Sm allBusiness Adm inise.t r
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on f
j'1SBA')was an agency ofthe
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executive branch ofthe Governm entofthe United States. 1
j The Coronavirus Aid, Reliet,
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and Economic Security (''CARES'')Actwas a federalIat':enacted in oraround March
Case 1:22-cr-20028-DLG Document 9 Entered on FLSD Docket 02/24/2022 Page 2 of 5
2020 thatw as designed to provide em ergency financialassistance to the m illions of
Am ericans who were suffering the econom ic effects causéd by the CO VID-19 pandem ic.
TheCARES Actauthorized andprovidedfundingtothe SBA toprovide EconomicInjury
DisasterLoans(''EIDLs'')toeligiblesmallbusinesses,incl.
udingsoleproprietorshipsand
independentcontradors,experiencing substantialfinanciqldisruptionsduetothe COVID-
19 pandem ic to allow them to meetfinancialobligations and operating expenses'that
coul
d have been m ethad the disasternotoccurred.Thesé'COV ID-19 EIDLS included the
possibility ofan advance ofup to $10,000 which qualifying: applicantswere notobligated
to repay. k
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To obtain a CO VlD-19 EIDL,a qualifying for-profitbpsiness was required to subm it
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an EIDL applicationtothe SBA and provide information aboutitsoperations,such asthe
num berofem ployees,gross revenues,and the costofgoods sold forthe lz-m onth period
preceding January 31,2020.The applicantalso w as required to certify underpenalty of
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perjurythatal1theinformationintheapplicationwastrueand correct. EIDLapplications
w ere subm itted directly to and processed by the SBA. The am ountofthe advance and
the am ount of the loan approved were determ ined based, in pad,on the inform ation
provided in the application concerning the num berof em ployees,gross revenues,and
costofgoods sold. Ifapproved,the advance and the Ioan.proceeds w ere issued directly
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bythe United States governmentto the applicant's bank qb
tccount .
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From on oraboutJuly 1,2020,through on orl
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aboutAugust 31,2020,the
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efendant, lndividual 1, and others w illfully and know ingly conspired and agreed to
know ingly and with the intentto defraud,devise,and inlend to devise, a schem e and
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Case 1:22-cr-20028-DLG Document 9 Entered on FLSD Docket 02/24/2022 Page 3 of 5
adifice to defraud,andto obtainmoney and propertybyfm eans of m aterially false and
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fraudulent pretenses, representations, and prom ises, know ing that the pretenses,
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representations, and prom ises w ere false and fraudulent when m ade, and, for the
purpose ofexecuting the scheme and adifice,did knowiqgly transm itand cause to be
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transm itted, â
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by means ofwire communication in interstale commerce,certain writings,
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gns,signals,picturesand sounds,inviolation ofTitle Iil,Uni
ted StatesCode,Section
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1343. 1
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The purpose ofthe conspiracy was fôrthe defendantand her co-conspirators to
unlawfully enrich themselves by,among otherthings:(a)submitting and causing the
submissionoffalse andfraudulentapplicationsto the SBX to obtain EIDLadvancesand
Ioansto which they were notentitled and (b)offering,j'
aying,and receiving fees and
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kickbacks in return forthe subm ission ofthese false and fraudul
entEIDL applications.
To carry out their conspiracy, the defendant,.'lndividual 1, and other co-
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conspirators agreed to and did subm itand cause the subm ission to the SBA of m ultiple
fraudulent EIDL applications via interstate wire commuqications. As a resul
tofthe
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subm ission ofthese fraudulentEIDL applications, thedefjndant
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and herco-conspirators
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received SBA pandem ic relieffunds to which they were nù'tentitled.
SPecifically,onoraboutJuly3,2020,Individual1,Withthedefendant'sagreement,
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electronically subm itted an EIDL application to the SBA vi@ interstate com m unications on
behalfofthe defendant. This application stated thatthe defendantwas an independent
contractor and 100% ow ner of a for-profit business opé'
rating under the nam e uElisa
Rivera.'' That application, which Indi
vidual 1 subm itted to SBA for the defendant's
Case 1:22-cr-20028-DLG Document 9 Entered on FLSD Docket 02/24/2022 Page 4 of 5
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benefit,falsely and fraudulently certified thatthe businé'
ss named ''Elisa Rivera''was
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established onoraboutMarch 1,2017. ltalso falsely cedified thatforthe twelve (12)
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month period priorto January31,2020,thatbusiness ha/ gross revenuesof$325,446
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andtwelve (12)employees. i
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nactuality,andas the defendantand lndividual1knew,the defendantdid notown
any btlsiness,was notan independentcontractor,and ha: no business gross revenues
oremployees. As a resultofthis false ahd fraudulentEJDL application,the SBA on or
about July 6,2020,disbursed a $10,000 advance,and on or about July 13,2020,
disbursed $61,200 in Ioan proceeds,both disbursement
's being via Electronic Funds
Transfersto the defendant'saccountatChase Bank. These Electronic FundsTransfers
involved the use ofinterstate w ire com m unications.
Afterhaving lndividual1submitthefraudulentEIDIapplicationon herbehalf,the
defendantoffered to,and did,submitfraudulentEIDLaptlicationsto the SBA on behalf
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ofa Iimited group ofotherindi
viduals ('sthe Applicants'lwho also did notown small
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usinesses and did notqualify forEID L relief. ltw as the.:jntentofthe defendantand the
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Applicantsto obtainforthe Applicants the $10,000 EIDL :
advances from the SBA,butnot
to obtain any addi
tionalIoan am ount. In exchange forsubm i
tting these fraudulentEIDL
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applicationstothe SBA,the defendantcharged Applicani
.sa fee ofup to $1,000 each.
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The defendantelectronically subm itted these applicétions to the SBA via interstate wire
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com m unications from the Southern DistrictofFlorida. ..
Specifically,as charged in the Inform ation,on oraboutJul
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y 3,2020,July 7,2020,
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andJuly8,2020,thedefendantelectronicallysubmittedEJDLapplicationstotheSBA on
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Case 1:22-cr-20028-DLG Document 9 Entered on FLSD Docket 02/24/2022 Page 5 of 5
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behalfofApplicantsthatcontainedfalse representationsé(àtotheexistenceoftheirsmall
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businesses,theirgross revenues,and the num berofem pl1
pyees each business had, As
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a resul
t of these fraudulent applications,certain Applieânts received $10,000 EIDL
advances from the SBA to w hich they w ere notentitled. '
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ln addition,on oraboutJuly 7,
2020,thedefeqdantrequested and received $500 from one ofthe Applicantsas a fee for
subm itting the EIDL application on theirbehalf.
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The United States and the defendantagree thatthis.stipulated FactualBasis,while
notcontaining aIIfactsknown to the United States,is suffiqientto satisfy aIlthe elements
establishing the guiltofthe defendantto the crim e charged
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in the Inform ation.
UNI
JUAN
TED S
ANTONIOT ONM LEZ
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TATE%>ATTORNEY
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Date:# >$/= By:
Edw ard N.Stam m
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AssistantUnite A ney
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Date: >4z--sla.
c-- By:
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chael.M irer
Attorney forDefe nt
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Date: n-y2-3 j-)--l-. By:
Ii Rivera -
Rfendant
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