Plea Agreement — United States v. Marvin Fitzgerald, No. 2:20-cr-00202
Summary
A Plea Agreement in United States of America v. Marvin Fitzgerald, Case 2:20-cr-00202-BHL, Document 2, filed 11/02/20, in the U.S. District Court for the Eastern District of Wisconsin. It states that the defendant has been charged in a one-count information alleging a violation of Title 18, United States Code, Section 1001, and agrees to plead guilty to that count. It lists maximums of five (5) years and $250,000, a mandatory special assessment of $100, and a base offense level of six (6) under Sentencing Guidelines Manual § 2B1.1(a)(2), with a two-level decrease for acceptance of responsibility. Other sections cover financial matters, forfeiture, cooperation and waiver of rights. The closing paragraphs describe interviews of the defendant by law enforcement on or about July 9, 2020 and July 17, 2020.
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“Plea Agreement — United States v. Marvin Fitzgerald, No. 2:20-cr-00202.”
Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-20-cr-00202-dkt-2-e-d-wis-626b955a72/
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
v. Case No,
MARVIN FITZGERALD,
Defendant.
PLEA AGREEMENT
1. The United States of America, by its attorneys, Daniel Kahn, Acting Chief, Fraud
Section, Department of Justice, Laura Connelly, Trial Attorney, Leslie S. Garthwaite, Trial
Attorneys, and the defendant, Marvin Fitzgerald, individually and by attorney Robert Webb,
pursuant to Rule 11 of the Federal Rules of Criminal Procedure, enter into the following plea
agreement:
Charges
1 The defendant has been charged in a one-count information, which alleges a
violation of Title 18, United States Code, Section 1001.
3. The defendant has read and fully understands the charge contained in the
information. He fully understands the nature and elements of the crime with which he has been
charged, and the charge and the terms and conditions of the plea agreement have been fully
explained to him by his attorney.
4. The defendant voluntarily agrees to waive prosecution by indictment in open
court.
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5, The defendant voluntarily agrees to plead guilty to the following count set forth in
full in the information, attached hereto as Attachment A.
6. The defendant acknowledges, understands, and agrees that he is, in fact, guilty of
the offense described in Attachment A. The parties acknowledge and understand that if this case
were to proceed to trial, the government would be able to prove the facts in Attachment B
beyond a reasonable doubt, The defendant admits that these facts are true and correct, and
establish his guilt beyond a reasonable doubt.
This information is provided for the purpose of setting forth a factual basis for the plea of
guilty. It is not a full recitation of the defendant's knowledge of, or participation in this offense,
Penalties
7. The parties understand and agree that the offense to which the defendant will
enter a plea of guilty carries the following maximum term of imprisonment and fine: five (5)
years and $250,000. The count also carries a mandatory special assessment of $100 and a
maximum of three (3) years of supervised release. The parties further recognize that a restitution
order may be entered by the court. The parties' acknowledgments, understandings, and
agreements with regard to restitution are set forth in paragraphs 27 and 28 of this agreement.
8. The defendant acknowledges, understands, and agrees that he has discussed the
relevant statutes as well as the applicable sentencing guidelines with his attorney.
Elements
9. The parties understand and agree that in order to sustain the charge of false
statements as set forth in the information, the government must prove each of the following
propositions beyond a reasonable doubt:
First, the defendant concealed and covered up a fact by trick, scheme or device; and
Second, the fact was material; and
Third, the defendant concealed and covered up the material fact in a matter within the
jurisdiction of the executive branch of the government of the United States.
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Sentencing Provisions
10. The parties agree to waive the time limits in Fed. R. Crim, P. 32 relating to the
presentence report, including that the presentence report be disclosed not less than 35 days
before the sentencing hearing, in favor of a schedule for disclosure, and the filing of any
objections, to be established by the court at the change of plea hearing.
11. The parties acknowledge, understand, and agree that any sentence imposed by the
court will be pursuant to the Sentencing Reform Act, and that the court will give due regard to
the Sentencing Guidelines when sentencing the defendant.
12. The parties acknowledge and agree that they have discussed all of the sentencing
guidelines provisions which they believe to be applicable to the offense set forth Attachment A.
The defendant acknowledges and agrees that his attorney in turn has discussed the applicable
sentencing guidelines provisions with him to the defendant's satisfaction.
13. The parties acknowledge and understand that prior to sentencing the United States
Probation Office will conduct its own investigation of the defendant's criminal history. The
parties further acknowledge and understand that, at the time the defendant enters a guilty plea,
the parties may not have full and complete information regarding the defendant's criminal
history. The patties acknowledge, understand, and agree that the defendant may not move to
withdraw the guilty plea solely as a result of the sentencing court's determination of the
defendant's criminal history.
Sentencing Guidelines Calculations
14. The defendant acknowledges and understands that the sentencing guidelines
recommendations contained in this agreement do not create any right to be sentenced within any
particular sentence range, and that the court may impose a reasonable sentence above or below
the guideline range. The parties further understand and agree that if the defendant has provided
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false, incomplete, Or inaccurate information that affects the calculations, the government is not
bound to make the recommendations contained in this agreement.
Relevant Conduct
15. The parties acknowledge, understand, and agree that pursuant to Sentencing
Guidelines Manual § 1B1.3, the sentencing judge may consider relevant conduct in calculating
the sentencing guidelines range, even if the relevant conduct is not the subject of the offense to
which the defendant is pleading guilty.
Base Offense Level
16. The parties agree to recommend to the sentencing court that the applicable base
offense level for the offense charged in the information is six (6) under Sentencing Guidelines
Manual § 2B1.1(a)(2).
Specific Offense Characteristics
17. The parties agree that there are no specific offense characteristics applicable to the
offense.
Acceptance of Responsibility
18. The government agrees to recommend a two-level decrease for acceptance of
responsibility as authorized by Sentencing Guidelines Manual § 3E1.1(a), but only if the
defendant exhibits conduct consistent with the acceptance of responsibility. In addition, if the
court determines at the time of sentencing that the defendant is entitled to the two-level reduction
under § 3E1.1(a), the government agrees to make a motion recommending an additional one-
level decrease as authorized by Sentencing Guidelines Manual § 3E1.1(b) because the defendant
timely notified authorities of his intention to enter a plea of guilty.
Sentencin2 Recommendations
19. Both parties reserve the right to provide the district court and the probation office
with any and all information which might be pertinent to the sentencing process, including but
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not limited to any and all conduct related to the offense as well as any and all matters which
might constitute aggravating or mitigating sentencing factors.
20. Both parties reserve the right to make any recommendation regarding any other
matters not specifically addressed by this agreement.
21. The government agrees to recommend a sentence within the applicable sentencing
guideline range, as determined by the court.
Court's Determinations at Sentencing
22. The parties acknowledge, understand, and agree that neither the sentencing court
nor the United States Probation Office is a party to or bound by this agreement. The United
States Probation Office will make its own recommendations to the sentencing court, The
sentencing court will make its own determinations regarding any and all issues relating to the
imposition of sentence and may impose any sentence authorized by law up to the maximum
penalties set forth in paragraph 7 above. The parties further understand that the sentencing court
will be guided by the sentencing guidelines but will not be bound by the sentencing guidelines
and may impose a reasonable sentence above or below the calculated guideline range.
23. The parties acknowledge, understand, and agree that the defendant may not move
to withdraw the guilty plea solely as a result of the sentence imposed by the court,
Financial Matters
24. The defendant acknowledges and understands that any and all financial
obligations imposed by the sentencing court are due and payable in full upon entry of the
judgment of conviction. The defendant further understands that any payment schedule imposed
by the sentencing court shall be the minimum the defendant is expected to pay and that the
government's collection of any and all court imposed financial obligations is not limited to the
payment schedule. The defendant agrees not to request any delay or stay in payment of any and
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all financial obligations. If the defendant is incarcerated, the defendant agrees to participate in
the Bureau of Prisons' Inmate Financial Responsibility Program, regardless of whether the court
specifically directs participation or imposes a schedule of payments.
25. The defendant agrees to provide to the Financial Litigation Unit (FLU) of the
United States Attorney's Office, at least 45 days before sentencing, and also upon request of the
FLU during any period of probation or supervised release imposed by the court, a complete and
sworn financial statement on a form provided by FLU and any documentation required by the
form. The defendant further agrees, upon request of FLU whether made before or after
sentencing, to promptly: cooperate in the identification of assets in which the defendant has an
interest and cooperate in the liquidation of any such assets.
Special Assessment
26. The defendant agrees to pay the special assessment in the amount of $100 prior to
or at the time of sentencing.
Restitution
27. The parties agree that the offense does not require payment of restitution.
28. The defendant agrees to pay restitution as ordered by the sentencing court. The
defendant agrees to cooperate in efforts to collect any restitution obligation. The defendant
understands that imposition or payment of restitution will not restrict or preclude the filing of
any civil suit or administrative action.
Forfeiture
29. The defendant understands that by pleading guilty, he will subject to forfeiture to
the United States all right, title, and interest that he has in any property constituting or derived
from proceeds obtained from the offense.
30. The defendant acknowledges that as part of his sentence, the Court will decide, by
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a preponderance of the evidence, whether the government has established the requisite nexus
between the offense and any specific property alleged to be subject to forfeiture and the amount
of a personal money judgment he must pay.
Defendant's Cooperation
31. The defendant, by entering into this agreement, further agrees to fully and
completely cooperate with the government in its investigation of this and related matters, and to
testify truthfully and completely before the grand jury and at any subsequent trials or
proceedings, if asked to do so. The government agrees to advise the sentencing judge of the
nature and extent of the defendant's cooperation. The parties acknowledge, understand and
agree that if the defendant provides substantial assistance to the government in the investigation
or prosecution of others, the government, in its discretion, may recommend a downward
departure from the applicable sentencing guideline range. The defendant acknowledges and
understands that the court will make its own determination regarding the appropriateness and
extent to which such cooperation should affect the sentence.
Defendant's Waiver of Rights
32. In entering this agreement, the defendant acknowledges and understands that he
surrenders any claims he may have raised in any pretrial motion, as well as certain rights which
include the following:
a. If the defendant persisted in a plea of not guilty to the charges against him,
he would be entitled to a speedy and public trial by a court or jury. The
defendant has a right to a jury trial. However, in order that the trial be
conducted by the judge sitting without a jury, the defendant, the
government and the judge all must agree that the trial be conducted by the
judge without a jury.
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b. If the trial is a jury trial, the jury would be composed of twelve citizens
selected at random. The defendant and his attorney would have a say in
who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown, or without cause by
exercising peremptory challenges. The jury would have to agree
unanimously before it could return a verdiet of guilty. The court would
instruct the jury that the defendant is presumed innocent until such time, if
ever, as the government establishes guilt by competent evidence to the
satisfaction of the jury beyond a reasonable doubt.
c. If the trial is held by the judge without a jury, the judge would find the
facts and determine, after hearing all of the evidence, whether or not he
was persuaded of defendant's guilt beyond a reasonable doubt.
d. At such trial, whether by a judge or a jury, the government would be
required to present witnesses and other evidence against the defendant.
The defendant would be able to confront witnesses upon whose testimony
the government is relying to obtain a conviction and he would have the
right to cross-examine those witnesses. In turn the defendant could, but is
not obligated to, present witnesses and other evidence on his own behalf.
The defendant would be entitled to compulsory process to call witnesses.
e. At such trial, defendant would have a privilege against self-incrimination
so that he could decline to testify and no inference of guilt could be drawn
from his refusal to testify. If defendant desired to do so, he could testify on
his own behalf.
33. The defendant acknowledges and understands that by pleading guilty he is
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waiving all the rights set forth above. The defendant further acknowledges the fact that his
attorney has explained these rights to him and the consequences of his waiver of these rights.
The defendant further acknowledges that as a part of the guilty plea hearing, the court may
question the defendant under oath, on the record, and in the presence of counsel about the
offense to which the defendant intends to plead guilty. The defendant further understands that
the defendant's answers may later be used against the defendant in a prosecution for perjury or
false statement.
34. The defendant acknowledges and understands that he will be adjudicated guilty of
the offense to which he will plead guilty and thereby may be deprived of certain rights, including
but not limited to the right to vote, to hold public office, to serve on a jury, to possess firearms,
and to be employed by a federally insured financial institution.
35. The defendant knowingly and voluntarily waives all claims he may have based
upon the statute of limitations, the Speedy Trial Act, and the speedy trial provisions of the Sixth
Amendment. The defendant agrees that any delay between the filing of this agreement and the
entry of the defendant's guilty plea pursuant to this agreement constitutes excludable time under
the Speedy Trial Act.
36. The defendant knowingly and voluntarily waives any claim or objection he may
have based on statute of limitations.
Further Civil or Administrative Action
37. The defendant acknowledges, understands, and agrees that the defendant has
discussed with his attorney and understands that nothing contained in this agreement, including
any attachment, is meant to limit the rights and authority of the United States of America or any
other state or local government to take further civil, administrative, or regulatory action against
the defendant, including but not limited to any listing and debarment proceedings to restrict
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rights and opportunities of the defendant to contract with or receive assistance, loans, and
benefits from United States government agencies.
General Matters
38. The parties acknowledge, understand, and agree that this agreement does not
require the government to take, or not to take, any particular position in any post-conviction
motion or appeal.
39. The parties acknowledge, understand, and agree that this plea agreement will be
filed and become part of the public record in this case.
40. The parties acknowledge, understand, and agree that the United States Attorney's
office is free to notify any local, state, or federal agency of the defendant's conviction.
41. The defendant understands that pursuant to the Victim and Witness Protection
Act, the Justice for All Act, and regulations promulgated thereto by the Attorney General of the
United States, the victim of a crime may make a statement describing the impact of the offense
on the victim and further may make a recommendation regarding the sentence to be imposed.
The defendant acknowledges and understands that comments and recommendations by a victim
may be different from those of the parties to this agreement.
Effect of Defendant's Breach of Plea Agreement
42. The defendant acknowledges and understands if he violates any term of this
agreement at any time, engages in any further criminal activity prior to sentencing, or fails to
appear for sentencing, this agreement shall become null and void at the discretion of the
government. If this plea agreement is revoked or if the defendant's conviction ultimately is
overturned, then the government retains the right to file any and all charges which were not filed
because of this agreement. The defendant hereby knowingly and voluntarily waives any defense
based on the applicable statute of limitations for any charges filed against the defendant as a
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result of his breach of this agreement. The defendant understands, however, that the government
may elect to proceed with the guilty plea and sentencing. If the defendant and his attorney have
signed a proffer letter in connection with this case, then the defendant further acknowledges and
understands that he continues to be subject to the terms of the proffer letter.
Voluntariness of Defendant's Plea
43. The defendant acknowledges, understands, and agrees that he will plead guilty
freely and voluntarily because he is in fact guilty, The defendant further acknowledges and
agrees that no threats, promises, representations, or other inducements have been made, nor
agreements reached, other than those set forth in this agreement, to induce the defendant to plead
guilty.
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Acknowledgements
I am the defendant. I am entering into this plea agreement freely and voluntarily. I am not now
on or under the influence of any drug, medication, alcohol, or other intoxicant or depressant,
whether or not prescribed by a physician, which would impair my ability to understand the terms
and conditions of this agreement. My attorney has reviewed every part of this agreement with
me and has advised me of the implications of the sentencing guidelines. I have discussed all
aspects of this case with my attorney and I am satisfied that my attorney has provided effective
assistance of counsel.
Date: t,t
*MARVIN FITZGERALD
Defendant
I am the defendant's attorney. I carefully have reviewed every part of this agreement with the
defendant. To my knowledge, my client's decision to enter into this agreement is an informed
and voluntary one.
Date:3 Oc_) M-e,A c
ROBERT WEBB
Attorney for Defendant
For the United States of America:
Date: 10/30/2020 Leslie S. Garthwaite
LAURA CONNELLY
LESLIE S. GARTHWAITE
Trial Attorneys
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Attachment A
THE UNITED STATES ATTORNEY CHARGES THAT:
COUNT ONE
False Statements
18 U.S.C. §§ 1001(a) and 2
1. In or about July 2020, in the State and Eastern District of Wisconsin and elsewhere,
MARVIN FITZGERALD ("FITZGERALD"),
did knowingly and willfully make materially false, fictitious, and fraudulent statements and
representations in a matter within the jurisdiction of the executive branch of the Government of
the United States, namely, the Federal Bureau of Investigation ("FBI"), those being: on or about
July 9, 2020, FITZGERALD made the following materially false statements to federal law
enforcement officers during the course of an active investigation into Paycheck Protection
Program ("PPP") loans, including one made by New Beginnings Family Services LLC ("New
Beginnings"), knowing that the statements were false when made, including:
a. That someone named "Coo" approached him about getting a forgivable loan for
New Beginnings, but that he did not submit any loan paperwork or follow through
on the opportunity; and
b. That he did not open a bank account for New Beginnings
All in violation of Title 18 United States Code, Sections 1001(a) and 2.
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Attachment B
The defendant admits that these facts are true and correct and establish his guilt beyond a
reasonable doubt:
The Paycheck Protection Program
1. The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a federal
law enacted in or around March 2020 and designed to provide emergency financial assistance to
the millions of Americans who are suffering the economic effects caused by the COVID-19
pandemic. One source of relief provided by the CARES Act was the authorization of up to $349
billion in forgivable loans to small businesses for job retention and certain other expenses,
through a program referred to as the Paycheck Protection Program ("PPP"). In or around April
2020, Congress authorized over $300 billion in additional PPP finding.
In order to obtain a PPP loan, a qualifying business must submit a PPP loan
application, which is signed by an authorized representative of the business. The PPP loan
application requires the business (through its authorized representative) to acknowledge the
program rules and make certain affirmative certifications, including that the business was in
operation on February 15, 2020, in order to be eligible to obtain the PPP loan. In the PPP loan
application, the small business (through its authorized representative) must state, among other
things, its: (a) average monthly payroll expenses; and (b) number of employees. These figures
are used to calculate the amount of money the small business is eligible to receive under the PPP.
In addition, businesses applying for a PPP loan must provide documentation showing their
payroll expenses.
3. A PPP loan application must be processed by a participating financial institution
(the lender). If a PPP loan application is approved, the participating financial institution funds
the PPP loan using its own monies, which are 100% guaranteed by Small Business
Administration (SBA). Data from the application, including information about the borrower, the
total amount of the loan, and the listed number of employees, is transmitted by the lender to the
SBA in the course of processing the loan.
4. PPP loan proceeds must be used by the business on certain permissible
expenses—payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest
and principal on the PPP loan to be entirely forgiven if the business spends the loan proceeds on
these expense items within a designated period of time after receiving the proceeds and uses a
certain amount of the PPP loan proceeds on payroll expenses.
5. The PPP is overseen by the SBA, which is headquartered at 409 3rd Street SW,
Washington, D.C. 20416, and has authority over all loans. Individual PPP loans, however, are
issued by private approved lenders (most commonly, banks and credit unions), which receive
and process PPP applications and supporting documentation, and then make loans using the
lenders' own funds.
6. Bank 1 is an SBA-approved lender headquartered in Green Bay, Wisconsin.
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The Economic Injury Disaster Relief Program
7. The Economic Injury Disaster Loan ("EIDL") program was an SBA program that
provided low-interest financing to small businesses, renters, and homeowners in regions affected
by declared disasters.
8. The CARES Act authorized the SBA to provide EIDLs of up to $2 million to
eligible small businesses experiencing substantial financial disruption due to the COVID-19
pandemic. In addition, the CARES Act authorized the SBA to issue advances of up to $10,000
to small businesses within three days of applying for an EIDL. The amount of the advance was
determined by the number of employees the applicant certified having. The advances did not
have to be repaid.
9. In order to obtain an EIDL and advance, a qualifying business had to submit an
application to the SBA and provide information about its operations, such as the number of
employees, gross revenues for the 12-month period preceding the disaster, and cost of goods sold
in the 12-month period preceding the disaster. In the case of EIDLs for COVID-19 relief, the
12-month period was that preceding January 31, 2020. The applicant also had to certify that all
of the information in the application was true and correct to the best of the applicant's
knowledge.
10. EIDL applications were submitted directly to the SBA. The amount of the loan, if
the application was approved, was determined based, in part, on the information provided by the
applicant about employment, revenue, and cost of goods, as described above. Any funds issued
under an EIDL or advance were issued directly by the SBA. EIDL funds could be used for
payroll expenses, sick leave, production costs, and business obligations, such as debts, rent, and
mortgage payments. If the applicant also obtained a loan under the PPP, the EIDL funds could
not be used for the same purpose as the PPP funds.
Relevant Individuals and Entities
11. The defendant was a citizen of the United States and resident of Wisconsin.
12. Co-Conspirator 2 (CC-2) was a resident of Wisconsin. On or about June 23,
2015, CC-2 created and organized New Beginnings Family Services LLC ("New Beginnings"), a
limited liability company located in Milwaukee, Wisconsin. On or about April 13, 2020, New
Beginnings was administratively dissolved. On or about May 1, 2020, New Beginnings was
restored to good standing. On or about May 21, 2020, paperwork was filed with the State of
Wisconsin Department of Financial Institutions ("WIDFI") naming the defendant as the new
registered agent of New Beginnings. As of February 15, 2020, New Beginnings did not have
any employees for whom it paid salaries or payroll taxes, or independent contractors as reported
on an IRS Form 1099-MISC.
13. Co-conspirator 4 (CC-4) was a resident of Wisconsin and the owner of Rebels
Paris LLC ("Rebels"). Rebels was a Wisconsin limited liability company located in Milwaukee,
Wisconsin. As of February 15, 2020, Rebels did not have any employees for whom it paid
salaries or payroll taxes, or independent contractors as reported on an IRS Form 1099-MISC.
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The Fraudulent New Beginnings PPP Loan Application
14. At CC-2's direction, on or about May 22, 2020, the defendant opened a bank
account at Bank 1 for New Beginnings.
15. On or about May 24, 2020, CC-2 provided the defendant with a fraudulent PPP
loan application for New Beginnings and the defendant submitted it to Bank 1. Included with
the loan application package were (1) an SBA Form 2483 PPP Borrower Application Form; and
(2) five IRS Forms 941 (Employer's Quarterly Federal Tax Returns) purportedly reflecting New
Beginnings' payroll data from January 2019 to March 2020, The New Beginnings PPP
application submitted to Bank 1 falsely stated that New Beginnings' average monthly payroll
was $92,000 and that the company had 28 employees. The defendant did not review the loan
package before it was submitted to the bank. The New Beginnings loan application was denied.
The Fraudulent Rebels PPP Loan Application
16. The defendant, at times, resided with Co-Conspirator 4 (CC-4), In or around May
2020, CC-2 contacted the defendant and asked him if he knew anyone with a limited liability
company. At CC-2's request, the defendant connected him with CC-4, who he knew to own
Rebels. CC-2 contacted CC-4 about obtaining money through a PPP loan application for Rebels,
also through Bank 1. On or about May 13, 2020, using information provided by CC-4, CC-2
submitted a PPP loan application for Rebels, requesting $155,000. The PPP loan application for
Rebels was funded on or about May 18, 2020.
17. On or about May 20, 2020, CC-4 paid the defendant approximately $20,000 from
Rebel's PPP loan proceeds.
Fraudulent EIDL Application
18. In or around July 2020, CC-4 approached the defendant about an opportunity to
get a $10,000 grant with the SBA. CC-4 told the defendant that he would have to pay half of the
money to an unknown individual for assisting in getting the grant, The defendant provided his
personal information to CC-4, to include his social security number, date of birth, and bank
account information.
19. On or about July 2, 2020, an EIDL application was submitted to the SBA which
falsely claimed that the defendant owned and operated a sole proprietorship in his name. The
application also falsely claimed that the defendant had ten employees.
20. On or about July 7, 2020, the defendant received the $10,000 SBA EIDL advance
in his bank account. On or about July 8, 2020, the defendant withdrew the $10,000 advance
from his account in cash and provided CC-4 with $5,000 to pay the individual who applied for
the loan, as agreed upon in advance.
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False Statements to Law Enforcement
21, On or around June 7, 2020, Bank 1 froze the accounts for New Beginnings and
Rebels. Upon learning that the accounts were frozen, the defendant, CC-2, and CC-4 discussed
providing a false story to Bank 1 and law enforcement about the accounts and loan applications.
After the discussion, CC-2 provided the defendant with certain of the loan application materials
and upon reviewing them, the defendant realized that the loan contained false statements about
New Beginnings.
22. On or about July 9, 2020, the defendant was interviewed by phone by law
enforcement officers from the Federal Bureau of Investigation and was asked about the New
Beginnings loan application. The agents identified themselves as federal law enforcement agents
and represented to the defendant that they were conducting an investigation into the New
Beginnings loan application. During the interview, the defendant falsely identified an individual
named "Coo" as the person who told the defendant about the possibility of obtaining a loan from
a bank for New Beginnings that could be forgiven. According to the defendant, "Coo" told him
that he could get the defendant the loan in exchange for a fee of $25,000. The defendant falsely
told law enforcement that after looking into the loan opportunity, he backed out of the deal. The
defendant also falsely stated that he had not opened a bank account for New Beginnings, At the
time he made these statements to law enforcement, the defendant knew they were false.
23. On or about July 17, 2020, law enforcement again interviewed the defendant and
he again falsely claimed that while he was approached about the opportunity to obtain a PPP loan
for New Beginnings, he declined the offer. At the time he made this statement to law
enforcement, the defendant knew it was false,
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