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Bill of Information — United States v. Brandi Weber (E.D. La.)

Summary

A Felony Bill of Information for False Statement to the Small Business Administration in United States of America v. Brandi Weber, Case 2:23-cr-00035-WBV-DPC, in the U.S. District Court for the Eastern District of Louisiana, filed March 1, 2023 as Document 1. Count I charges a violation of 18 U.S.C. § 1001. It alleges that the defendant stated on an SBA Form 2483 PPP Borrower Application to Harvest Small Business Finance, LLC that she earned approximately $49,450 in tax year 2020 as an esthetician, supported by a false Form 1040 Schedule C, leading to a PPP loan of approximately $10,302.00. It also alleges an earlier targeted advance Economic Injury Disaster Loan of $3,500 premised on false statements about a dog grooming business. The notice of forfeiture cites 18 U.S.C. § 982(a)(3).

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“Bill of Information — United States v. Brandi Weber (E.D. La.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-cr-00035-dkt-1-e7a270b2a9/, SHA-256 ef41ff7bff3a91e7f24798b7528adbdc1c06454e9db65fc6347d1bb67da1f50a.

Full text

      Case 2:23-cr-00035-WBV-DPC Document 1 Filed 03/01/23 Page 1 of 6




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                           UNITED STATES DISTRICT COURT
                           EASTERN DISTRICT OF LOUISIANA              FELONY
                    BILL OF INFORMATION FOR FALSE
            STATEMENT TO TIIE SMALL BUSINESS ADMINISTRATION

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  BRANDIWEBER                                       {r
                                                          VIOLATION: 18 U.S.C. $ 1001

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       The United States Attorney charges that


                                            COI'NT 1

   A. AT ALL TIMES MATERIAL HEREIN:
       l.    The defendant, BRANDI WEBER (*WEBER"), was a resident of New Orleans,

Louisian4 within the Eastem District of Louisiana

                             The Small Business Administration

       2.    The United States Small Business Administration ("SBA") was an executive-branch

agency of the United States govemment that provided support to entrepreneurs and small

businesses. The mission of the SBA was to maintain and strengthen the nation's economy by




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       Case 2:23-cr-00035-WBV-DPC Document 1 Filed 03/01/23 Page 2 of 6




enabling the establishment and viability of small businesses and by assisting in the economic

recovery of communities after disasters.

       3.     As part of its efforts, the SBA provided business loans through banks, credit urions,

and other lenders. Those loans had govemment backed guarantees.

                       The CARES Act and Pavcheck Protection Proglam

       4.     The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") was a

 federal law enacted in or about March 2020. The CARES Act provided emergency financial

 assistance to the millions of Americans suffering the economic effects of the COVID-I9

pandemic. One source of relief provided by the CARES Act was the authorization of forgivable

loans to small businesses forjob retention and certain other expenses, through a program referred

to as the Paycheck Protection Program C'PPP').

       5.     The PPP was overseen by the SBA, which had authority over all PPP loans.

Individual PPP loans, however, were issued by approved private lenders, who received and

processed PPP loan applications and supporting documentation and, following SBA approval,

made loans using the lenders' own funds.

       6.     To obtain a PPP loan, a qualifiing business had to submit a PPP loan application

signed by an authorized representative of the business, The PPP loan application required the

business, through its authorized representative, to acknowledge the progmm rules and to make

affirmative certifications to be eligible for the PPP loan. For example, in the PPP loan application

(SBA From 2483), the business, through its authorized representative, had to state its average

monthly payroll expenses and number of employees. In addition, businesses had to provide

documentation showing their payroll expenses, as part ofthe PPP loan application process. These




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       Case 2:23-cr-00035-WBV-DPC Document 1 Filed 03/01/23 Page 3 of 6




figures were used to calculate the amount of money the small business was eligible to receive

under the PPP.

        7.     Among the type of businesses eligible for a PPP loan were individuals who operated

under a "sole proprietorship" business structure. In order to be eligible to receive such a PPP loan,

individuals had to report and document their income and expenses from the sole proprietorship, as

typically reported to the Intemal Revenue Service (*IRS") on Form 1040, Schedule C, for a given

year. The lending institution or loan processor used this information and documents to calculate

the amount of money the individual was entitled to receive under PPP.

        8.    Once a quali$ing business completed a PPP application, a participating lender

processed the application. If a PPP loan was approved, the participating lender funded the PPP

loan using its own monies, which the SBA guaranteed. In the course of processing the PPP loan,

the lender transmitted data from the loan application to the SBA, including information about the

borrower, the total amount of the loan, and the identified number of employees. Harvest Small

Business Finance, LLC was a participating financial technology lender in the PPP.

       9.     Proceeds from a PPP loan were legally required to be used only for certain

permissible business expenses, including payroll costs, mortgage interest, rent, and utilities. Under

the applicable PPP rules and guidance. The interest and principal on the PPP loan was eligible for

forgiveness, if the business spent the loan proceeds on permissible items within a designated period

of time and used a certain portion of the loan toward payroll expenses.

        10. On or about July 12,2020, WEBER filed for and later received a targeted advance
Economic Injury Disaster Loan from the SBA in the amount of $3,500, premised upon the false

statements that she had a dog grooming business with 9 employees and gross revenues of $35,000

in2019.




                                                  3
       Case 2:23-cr-00035-WBV-DPC Document 1 Filed 03/01/23 Page 4 of 6




       I   l.   On or about Apil 12,2021, WEBER filed for and later received a PPP loan from

Harvest Small Business Finance, LLC in the amount of $10,302, premised upon the false

statements that she was employed as an esthetician and eamed $49,450 during 2020.

B.     THEOFFENSE:

       On or about Apil 2, 2021, in the Eastem District of Louisiana and elsewhere, the

defendant, BRANDI WEBER, did knowingly and willfully make a materially false, fictitious,

and fraudulent statement and representation in a matter within the jurisdiction of the SBA, an

agency within the executive branch of the United States, in that the defendant stated in her SBA

Form 2483 PPP Borrower Application to Harvest Small Business Finance, LLC that she earned

approximately $49,450 in tax year 2020 as an esthetician; however, in truth and in fact, the

defendant knew that she did not have any eamings in 2020 as an esthetician and that the tax year

2020 Internal Revenue Service Form 1040 Schedule C that she submitted in support of her alleged

eamings was a false document, leading to her receipt of an SBA backed PPP loan of approximately

$10,302.00, in violation of Title 18, United States Code, Section 1001.

                                   NOTIC E OF FORFEITURE

       l.        The allegations of Count I of this Bill of Information are incorporated by reference

as though set forth fully herein for the pwpose of alleging forfeiture to the United States.


       2.        As a result of the offense alleged in count l, the defendant, BRANDI WEBER,

shall forfeit to the United States pursuant to Title 18, United States Code, Section 982(a)(3), any

property, real or personal, which represents or is traceable to the gross receipts obtained, directly

or indirectly, as a result of such offense.




                                                   4
       Case 2:23-cr-00035-WBV-DPC Document 1 Filed 03/01/23 Page 5 of 6




       3.     If any of the above-described property, as a result of any act or omission of the

defendant:

              a.      cannot be located upon the exercise ofdue diligence;

              b.      has been transferred or sold to, or deposited with, a third person;

              c.      has been placed beyond thejurisdiction ofthe Court;

              d.      has been substantially diminished in value; or

              e.      has been commingled with other property which cannot be subdivided

                      without difficulty;

the United States shall seek a money judgment and, pursuant to Title 21, United States Code,

Section 853(p), forfeiture ofany other property ofthe defendant up to the value ofsaid property.




                                                     DUANE A. EVANS
                                                     UNITED STATES ATTORNEY



                                                     EDW         J. RIVERA
                                                     Assistant United States AttorneY



New Orleans, Louisiana
N.larch1,2023




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                        Case 2:23-cr-00035-WBV-DPC Document 1 Filed 03/01/23 Page 6 of 6




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