Stipulated Factual Basis — United States v. Daniel Fleureme (S.D. Fla., Dkt. 15)

Summary

Stipulated Factual Basis in United States of America v. Daniel Fleureme, Case No. 24-20407-Cr-MARTINEZ/SANCHEZ, in the U.S. District Court for the Southern District of Florida, entered 10/31/2024 as Document 15. The United States and the defendant stipulate that, had the matter proceeded to trial, the United States would have offered evidence sufficient to establish a factual basis for the crime charged. The stipulation states that on or about July 27, 2020 the defendant submitted a false and fraudulent EIDL application to the SBA claiming to own a sole proprietorship with gross revenues of $450,000 and a cost of goods sold of $97,000 for the 12-month period prior to January 31, 2020. It states that the defendant fraudulently obtained $149,900 in EIDL proceeds sent to the defendant's account at Dade County Federal Credit Union.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

Case 1:24-cr-20407-JEM Document 15 Entered on FLSD Docket 10/31/2024 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Case No. 24-20407-Cr-MARTINEZ/SANCHEZ

UNITED STATES OF AMERICA
V.
DANIEL FLEUREME,

Defendant.
/

STIPULATED FACTUAL BASIS

The United States and DANIEL FLEUREME (“the defendant’) hereby stipulate and
agree that had this matter proceeded to trial, the United States would have offered
evidence and testimony sufficient to establish a factual basis beyond a reasonable doubt
for the crime charged, including the following:

The defendant, who resided in Miami-Dade County, in the Southern District of
Florida, was at all relevant times employed by the Miami-Dade Corrections and
Rehabilitation Department as a Correctional Officer. The defendant maintained an
account at the Dade County Federal Credit Union (“DCFCU”). DCFCU was identified in
the Information as “the Credit Union.” DCFCU did business, including maintaining
branches, in the Southern District of Florida.

The United States Small Business Administration (“SBA”) was an agency of the
executive branch of the Government of the United States. The Coronavirus Aid, Relief,
and Economic Security (“CARES”) Act was a federal law enacted in or around March
2020 that was designed to provide emergency financial assistance to the millions of
Case 1:24-cr-20407-JEM Document 15 Entered on FLSD Docket 10/31/2024 Page 2 of 3

Americans who were suffering the economic effects caused by the COVID-19 pandemic.
One source of relief provided by the CARES Act was the authorization and provision of
funding to the SBA to provide Economic Injury Disaster Loans (“EIDLs’) to eligible small
businesses experiencing substantial financial disruptions due to the COVID-19 pandemic
to allow them to meet financial obligations and operating expenses that otherwise could
have been met had the disaster not occurred.

In order to obtain a COVID-19 EIDL, a qualifying for-profit business was required
to submit an EIDL application to the SBA and provide information about its operations,
including its gross revenues for the 12-month period preceding January 31, 2020. The
applicant also was required to certify under penalty of perjury that all the information in
the application was true and correct. EIDL applications were submitted directly to, and
processed by, the SBA. The amount of the loan approved and any advance provided
was determined based, in part, on the information provided in the application concerning
the cost of goods sold. EIDL funds were issued directly by the United States government
to the applicant’s bank account via Electronic Funds Transfer.

On or about July 27, 2020, the defendant submitted to the SBA, via interstate wire
communications, a false and fraudulent EIDL application claiming to be the 100% owner
of a sole proprietorship operating under the company legal and DBA names of “Daniel
Fleureme.” In this application, the defendant claimed that he had owned the business
since its creation on February 15, 2017, and stated that the business had three employees
as of January 31, 2020. In addition, this EIDL application falsely certified that for the 12-

month period prior to January 31, 2020, the defendant’s sole proprietorship had gross
Case 1:24-cr-20407-JEM Document 15 Entered on FLSD Docket 10/31/2024 Page 3 of 3

revenues of $450,000 and a cost of goods sold of only $97,000.

As a result of this false and fraudulent EIDL application, the defendant fraudulently
obtained from the SBA $149,900 in EIDL proceeds that were sent by the SBA via
Electronic Funds Transfer to the defendant's account at DCFCU. This Electronic Funds
Transfer of EIDL proceeds involved the use of interstate wire communications.

The United States and the defendant agree that this Stipulated Factual Basis, while
not containing all facts known to the United States, is sufficient to satisfy all the elements
establishing the guilt of the defendant for the crime charged in the Information.

MARKENZY LAPOINTE
UNITED STATES ATTORNEY

Date: (2/2 4 By: Ce (VM

Edward N. Stamm
neslstal United States Attorney Y

Date: [Of %¢ Qa ce aif
Larry ek Esq

Attorney for Defendant Daniel eich reme

Daniel Fleureme/
Defendant


File and source

File

15-major-prep-tsv-rank-83.pdf

Size

517,253 bytes

SHA-256

b535c17661ab9d5e7e56c4b4c5e02cb53713f2e455120c368611e9937cc33e60

Our copy

15-major-prep-tsv-rank-83.pdf

Original

PACER (login required)