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Stipulated Factual Basis — United States v. Alfredo Hudson (S.D. Fla., Dkt. 14)

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Stipulated Factual Basis entered on the docket March 28, 2023 as Document 14 in United States of America v. Alfredo Hudson, Case No. 23-20060-Cr (1:23-cr-20060-RKA), 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 on or about June 12,2020 the defendant submitted to Kabbage a false PPP loan application for a business named Alfredo Enterprise and obtained approximately $10,104, and that on or about April 25,2021 the defendant submitted to Womply a second draw application and obtained approximately $11,251 from SEDCO. It also states that a false forgiveness application for the second draw loan was submitted to the SBA.

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“Stipulated Factual Basis — United States v. Alfredo Hudson (S.D. Fla., Dkt. 14).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cr-20060-dkt-14-s-d-fla-12db569803/, SHA-256 054c3efa9093127642ee1dadd700b51dd303513ec44a81a4374790e9303b3638.

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    iCase 1:23-cr-20060-RKA    Document 14 Entered on FLSD Docket 03/28/2023 Page 1 of 6




                               UNITED STATES DISTRICT CO URT
                               SOUTHERN DISTRICT OF FLORIDA
                              Case No.23-20060-C r-A LTM A N/REID


       UNITED STATES OF AM ERICA

       V.

       ALFREDO HUDSON,

                          Defendant.
                                                                                 J

                                 STIPULATED FACTUAL BASIS

             TheUnitedStatesandALFREDO HUDSON ('l
                                                thedefendant'')herebystipulateand
       agree that had this matter proceeded to trial,the United States would'have offered

       evidence and tqstim ony to establish the following factualbasis beyond a reasonable

       doubt:

             The defendant,who resided in M iam i-Dade County,in the Southern Districtof

       Florida,was atvarious relevanttimes employed by the State ofFlorida as a Corrections
       Officer. AtaIIrelevanttimes,the defendanthad accountsatRegions Bankand TD Bank.

       Regions Bank and TD Bank both did business throughoutthe United States,including

       maintaining branches in the Southern DistrictofFlorida.

             The United States SmallBusiness Administration ('SBA'')was an agency ofthe
       executiye branch ofthe G overnmentofthe United States. The Coronavirus Aid,Relief,

       and Economic Securi
                         ty CCARES')Actwas a federalIaw enacted in oraround March
                                                                        (
       2020 that w as designed to provide em ergency financial assistance to the m illions of

       Americans who were suffering the econom ic effects caused bythe COVID-19 pandem ic.

                                                 1
Case 1:23-cr-20060-RKA Document 14 Entered on FLSD Docket 03/28/2023 Page 2 of 6




   O ne source ofreliefprovided by the CARES Actwas the authorization offorgivable Ioans

   to smallbusinesses forjob retention and cedain otherexpenses,through a program
   referredto asthe Paycheck ProtedionN Program ('PPP'').
           In order to obtain a PPP Ioan,a qualifying business subm ioed a PPP loan

   application,whichwassigned byan authorized representative ofthe business. The PPP

   Ioan application required the business (through i
                                                   ts authorized representative) to
       )
       '
   acknow ledge the program rules and m ake cedain affirm ative certifications in orderto be

   eligible toobtainthe PPP Ioan. Inthe PPP'Ioanapplication (SBA Form 2483),the small
   business (through its authorized representative)was required to provide,among other
   things,its:(a)average monthly payroll'
                                        ,and (b)numberofemployees. These figures
   were used to calculate the amountofmoney the smallbusiness waé eligible to receive

   underthe PPP. In addition,the sole proprietorhad to repod and docum entthe sole

   proprietorship's income and expenses,as typically reported to the Internal Revenue

   Service ('1IRS'') on Form 1040, Schedule C. This application and the suppoding
   documentation subm itted were used to calculate the am ountofm oney the applicantwas
   entitled to receive underthe PPP.

           The PPP also allowed a qualifying business thathad obtained a PPP loan in 2020

   and experienced a required revenue reduction in 2020 to obtain a second PPP loan in

  2021. These second PPP Ioans were also know n as ''second draw'Ioans. Starting on

  oraboutMarch 4,2021,sm allbusinessesthatfiled an IRS Form 1040, Schedule C,could
  apply forthis second draw Ioan based on theirgross income by using a PPP second draw

  application (SBA Form 2483-SD-C)thatprovided theirgross incomefrom either2019or
Case 1:23-cr-20060-RKA Document 14 Entered on FLSD Docket 03/28/2023 Page 3 of 6




   2020. This second draw application and the supporting documentation subm itted were

   used to calculate the am ountofsecond draw m oney the applicantw as entitled to receive

   underthe PPP.

         A PPP Ioan application was processed by a participating Iender. Ifa PPP Ioan

  application was approved,the padicipating Ienderfunded the PPP Ioan using its own

   monies. W hile i
                  twas the padicipating Ienderthatissued the PPP Ioan,the Ioan was

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

  the borrower,the totalamount ofthe Ioan,and the Iisted num berof em ployees,was

  transm i
         tted by the Ienderto the SBA in the course ofprocessing the Ioan.

         PPP Ioan proceeds were required to be used by the business on cedain
   perm issible expensës,specifically,payrollcosts,interqston m ortgages,rent,and utilities.

  The PPP allowed the interestand principalon the PPP Ioan to be entirely forgiven ifthe

  business spent the Ioan proceeds on these perm issible expense item s within a

  designated period oftim e and used a defined portion ofthe PPP Ioan proceedson payroll

  expenses. In the PPP Ioen forgiveness application (SBA Form 35085),the borrower
  was required to provide,among otherthings,the am ountofthe Ioan spenton payroll

  costs,and to cedify compliance w ith aIIthe rules and requirements ofthe PPP program .

         Certain PPP borrowerswithloansunder$150,000were allowed to use the SBA'S
  Direct Forgiveness Portalto apply for PPP Ioan forgiveness. Forgiveness requests

  made through this portalwere reviewed and accepted by the Iender,and then processed
  by the SBA. The servers forthis portalwere Iocated outside the state ofFlorida.

         Kabbage was an SBA-approved IenderforPPP Ioans,and processed PPP Ioan
Case 1:23-cr-20060-RKA Document 14 Entered on FLSD Docket 03/28/2023 Page 4 of 6




   applications from applicants Iocated throughoutthe United States. Kabbage was based

   in Atlanta,Georgia,and itsserverswere Iocated outside the state ofFlorida.

         W om ply was a com pany thatoperated ah online platform thatreceived information

   and docum ents from PPP Ioan applicants throughoutthe United States. W om pl
                                                                              y was

   not a PPP Iender,but ratherwas an independent business that served as a referral

   padnerandtechnologyservices providerformultiple SBA-approved PPP Ienders. Once

   an applicant subm itted their inform ation and docum ents through the online platform ,

   W om pl
         y would m ake certain inform ation and documents available to one ofthe Ienders

   that retained its services forthe Iender's review , approval,and funding ofthe PPP Ioan.

   W om plywas based in San Francisco,California,and its servers were Iocated outside the

  state ofFlorida.

         SEDCO was an SBA-approved lenderforPPP Ioans. SEDCO contracted with

  W om pl
        y to receive PPP applications forfunding by SEDCO . Fountainhead SBF LLC

   CFountainhead'')was an SBA-approved Ienderthatoriginated and funded PPP Ioans,
  and that also acquired and serviced pre-existing PPP Ioans issued by other Ienders.

  Fountainhead reviewed PPP Ioan forgiveness applications subm itted directly to the '
                                                                                     SBA
  by borrowers ofthe Ioans itwas servicing,and made recom mendations to the SBA on

  w hetherthose applications satisfied the requirem ents forPPP Ioan.

         On oraboutJune 12,2020,the defendantsubm itted to Kabbage, via interstate
  wire comm unicationsfrom the Southern DistrictofFlorida to outside the State ofFlorida,

  afal
     se andfraudulentPPP 2020 Ioan application claim ingto be a self-employed individual

  operating a business underthe nam e d
                                      'Alfredo Enterprise.'' That PPP Ioan application


                                             4
Case 1:23-cr-20060-RKA Document 14 Entered on FLSD Docket 03/28/2023 Page 5 of 6




   falsely and fraudulently represented Alfredo Enterprise's m onthly payroll,and as partof

   the application process,the defendantsubm itted a false and fraudulentIRS Form 1040,

   Schedule C fortax year2019,statingthatAlfredo Enterprisewasa 'Recreation'business.

         As a result of this false and fraudulent application, the defendant obtained

   approximately $10,104 in PPP Ioan proceeds from Kabbage thatwere electronicall
                                                                                y
   deposited by Kabbage into one ofthe defendant's accounts at Regions Bank. This

   electronic depositw as m ade via interstate w ire com m unications.

         On oraboutApril25,2021,the defendantsubm itted to W omply,via interstate wire
  comm unications from the Southern DistrictofFlorida to outside the State of Florida, a

  false and fraudulent 2021 PPP second draw loan application claim ing to be a sole

  proprietor operating a business under the tradename of '
                                                         A lfredo Enterprise.' This

  second draw PPP Ioan application falsely and fraudulently represented Alfredo

  Enterprise's2019 gross income,and as partofthissecond draw application process, the
  defendantsubmitted a differentfalse and fraudul
                                                entIRS Form 1040, Schedule C,fortax

  year2019,stating thatAlfredo Enterprise was a ''Barbershop.''

         As a result of this false and fraudulent application, the defendant obtained

  approxim ately $11,251 in second draw PPP loan proceeds from SEDCO that were
  electronically deposited by SEDCO into one ofthe defendant's accounts atTD Bank.

  This electronic depositwas m ade via interstate wir: com m unications. SEDCO Iater
  transferred this Ioan to Fountainhead forservicing.

         O n or about Septem ber 24, 2021, the defendant subm itted to the SBA , via
                                    ,




  interstate wire com m unications from the Southern DistrictofFlorida to outside the State


                                               5
;
    Case 1:23-cr-20060-RKA Document 14 Entered on FLSD Docket 03/28/2023 Page 6 of 6




       of Florida, a false and fraudulent SBA PPP Ioan forgiveness application seeking

       forgivenessfrom repaymentofthe PPP second draw Ioan he received from SEDCO . As

       a resultofthis false and fraudulentforgi
                                              veness application,the defendantwas excused

       from any repaymentobligatipn onthe $11,251second draw PPP Ioan he received,and
       the SBA reim bursed Fountainhead,w hich has acquired this Ioan from SEDCO ,forthe full

       am ountofthis Ioan and its accrued interest.

             The UnitedStates and the defendantagreethatthisStipulated FactualBasis, while

       notcontaining aIIfactsknown to the United States,issuE cientto satisfy aIlthe elem ents

      establishing the guiltofthe defendantto the crim e charged in the Information.



                                               MARKENZY LAPOINTE
                                               UNITED STATES ATTORNEY

       Date:'
            3ht/zot.u                   By:            #
                                              Edward N.Stamm
                                              AssistantUnited States Attorney

      Date: 7/& /23                     By2 Q              Fw.
                                                             xxx..
                                              DanielEcarius
                                              AssistantFederalPublic Defender
                                              Attorney forDefendant


      Date:kl z f.zg                    By:
                                              Alfredo Hudson
                                              Defendant


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