Stipulated Factual Basis in Support of Guilty Plea — United States v. Anthony Faustin (S.D. Fla., Dkt. 26)

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Stipulated Factual Basis in Support of Guilty Plea entered on the docket September 19, 2023 as Document 26 in United States of America v. Anthony Faustin, Case No. 23-20275-CR-RAR (1:23-cr-20275-RAR), U.S. District Court for the Southern District of Florida. The Defendant acknowledges that, had the case proceeded to trial, the United States would establish the stated facts beyond a reasonable doubt. The document states that the Defendant was a contract detention officer for Immigration and Customs Enforcement (ICE-ERO), and that agents found six separate PPP loan applications submitted to Lender 1, each in the amount of $18,332 and each reporting exactly $88,000 in gross revenues. It describes Zelle transfers to the Defendant, cellular telephone evidence and IP address links, and states that the phone contained over fifteen (15) unauthorized access devices.

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Case 1:23-cr-20275-RAR Document 26 Entered on FLSD Docket 09/19/2023 Page 1 of 3




                                UNITED STATES DISTRICT COURT
                                SOUTHERN DISTRICT OF FLORIDA
                                Case No. 23-20275-CR-RAR

    UNITED STATES OF AMERICA

    vs.

    ANTHONY FAUSTIN,

                           Defendant.
    _____________ /
                                   STIPULATED FACTUAL BASIS
                                   IN SUPPORT OF GUILTY PLEA

           ANTHONY FAUSTIN (hereinafter referred to as the "Defendant") hereby acknowledges

    that, had this case proceeded to trial, the United States would establish the following facts beyond

    a reasonable doubt:

           The Defendant was a contract detention officer for Immigration and Customs Enforcement,

    Enforcement and Ren'ioval Operations, (ICE-ERO). In May of 2022, Immigration and Customs

    Enforcement, the Office of Professional Responsibility, (ICE-OPR) received information that the

    Defendant was involved in the submission of false and fraudulent PPP loan applications.

    Investigation by ICE-OPR Agents led to the discovery of six separate PPP loan applications that

    were submitted to Lender l on behalf of Individuals I through 6. At trial, the government would

    have presented evidence linking the Defendant to all six of these loans. There were a number of

    similarities between the six (6) application. First, they all applied to the same lender. Second, they

    all reported exactly $88,000 as their gross revenues. Third, all were sole proprietorship businesses

    that were started in 2018. Fourth, each loan was in the amount of $18,332.

           Through the issuance of grand jury subpoenas agents obtained bank records for the

    Defendant and a review of them revealed that he received several large Zelle transfers from
Case 1:23-cr-20275-RAR Document 26 Entered on FLSD Docket 09/19/2023 Page 2 of 3




     different individuals that received PPP loans. Individual 1 transferred a total of $8,000 directly to

     the Defendant. Individual 3 also transferred $8000 directly to the Defendant.          Individual 2

     transferred a total of $8000 to the Defendant's brother, who in turn immediately transferred $7950

     to the Defendant.

              The Defendant was also linked to the submission of these loan applications by evidence

      obtained from his cellular telephone. On December 31 , 2022, the Defendant returned to the United

      States from a trip abroad and the United States and Customs and Border Protection (CBP), using

      its border search authority, seized and imaged the Defendant' s cell phone. A review of the phone

      revealed that in the "Notes" section of the phone agents found six email addresses and six

      passwords. These six email addresses were the same six email addresses listed on the PPP loan

      applications of Individuals 1 through 6. Through the execution of email search warrants on these

      six email addresses, agents learned that the email accounts were not being used for any purpose

      other than the receipt of emails from the Lender 1 and Loan Processor 1.

             An analysis of the IP addresses used to submit the loans revealed some similarities and

      links to the Defendant. Four of the six applications were all submitted from the same IP address.

      The applications of Individuals 2 and 3 were submitted using an IP address that the Defendant

      used to log on to his own Truist bank account on 12/10/22, 12/ 13/22 and 12/ 14/22. This IP address

      was connected to aa Comcast account in the name of the Defendant' s mother and the physical

      location came back to an address where the Defendant was living at the time he filed the loan

      applications.

             In support of the loan applications, the Defendant submitted false and fraudulent IRS l 040

      (Schedule C) forms that misrepresented that each applicant had a sole proprietorship business and

      the amount of money earned by the purported sole proprietorships. Each time a loan application



                                                      2
Case 1:23-cr-20275-RAR Document 26 Entered on FLSD Docket 09/19/2023 Page 3 of 3




   was submitted, an interstate wire communication was sent from the Southern District of Florida to

   outside of the State of Florida.

             The search of the Defendant' s phone also revealed possession of over fifteen (15)

   unauthorized access devices. Specifically, agents found a screen shot containing the names,

   addresses, dates of birth and Social Security Numbers for forty-five (45) individuals. In another

   section of his phone the Defendant had a picture of a post-it note that contained the name, address,

   date of birth and Social Security Number of L.A. L.A . would have testified that he did not give

   the Defendant permission of possess his Personal Identification Information.

             These events took place in Miami-Dade County in the Southern District of Florida.

             All of these events took place in Miami-Dade County, Florida.


   Date: ~
                                                        ANTHONY FAUSTIN
                                                        Defendant



   Date:   ~ 9/ 1,J
                                                        GEORGE PALLAS
                                                        Attorney for ANTHONY FAUSTIN




                                                                    0---
                                                        DANIEL BERNSTEIN
                                                        Assistant United States Attorney




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