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Verified Complaint for Forfeiture In Rem — Case 2:24-cv-05863, Document 1

Summary

A Verified Complaint for Forfeiture In Rem filed 05/06/24 as Document 1 in Case 2:24-cv-05863-MEF-MAH, U.S. District Court, District of New Jersey. The United States of America seeks forfeiture of the contents of accounts at JP Morgan Chase, Bank of America, TD Bank and TD Ameritrade in the names of persons and companies including Smart Learning, Inc., Hudson Asset Holding Corp and Virtua Education, Inc., and of real property in Cresskill, New Jersey. It states that the defendants in rem are subject to forfeiture under 18 U.S.C. § 981(a)(1)(C) as property derived from proceeds traceable to bank fraud under 18 U.S.C. § 1344 and false statements to a financial institution under 18 U.S.C. § 1014. It also states that the defendants in rem are subject to forfeiture under 18 U.S.C. § 981(a)(1)(A) as property involved in transactions in violation of 18 U.S.C. §§ 1956 and/or 1957.

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“Verified Complaint for Forfeiture In Rem — Case 2:24-cv-05863, Document 1.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-24-cv-05863-dkt-1-d-n-j-559e00d2c1/, SHA-256 11e41df6fb369813b0c81c5e94b1d192f9d1ed3670b362d5eaa2897227dc669f.

Full text

Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 1 of 42 PageID: 1




PHILIP R. SELLINGER
UNITED STATES ATTORNEY
BY: SARAH DEVLIN
ASSISTANT UNITED STATES ATTORNEY
970 BROAD STREET, SUITE 700
NEWARK, NEW JERSEY 07102
TEL: (973) 645-2700
SARAH.DEVLIN3@USDOJ.GOV


                      UNITED STATES DISTRICT COURT
                         DISTRICT OF NEW JERSEY


UNITED STATES OF AMERICA
                                       Hon.
                 v.
                                       Civil Action No. 24-
THE CONTENTS OF THE
FOLLOWING ACCOUNTS:                    VERIFIED COMPLAINT
                                       FOR FORFEITURE IN REM
JP MORGAN CHASE ACCOUNT
ENDING IN 9483 IN THE NAME
OF JAE CHOI ATTORNEY TRUST
ACCOUNT;

BANK OF AMERICA ACCOUNT
ENDING IN 4685 IN THE NAME
OF SMART LEARNING, INC.;

JP MORGAN CHASE ACCOUNT
ENDING IN 0711 IN THE NAME
OF HEE AH NAM;

TD BANK ACCOUNT ENDING IN
2483 IN THE NAME OF HEE AH
NAM;

TD BANK ACCOUNT ENDING IN
1237 IN THE NAME OF HEE AH
NAM;

BANK OF AMERICA ACCOUNT
ENDING IN 6030 IN THE NAME
OF HEE AH NAM;
Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 2 of 42 PageID: 2




 BANK OF AMERICA ACCOUNT
 ENDING IN 6043 IN THE NAME
 OF HEE AH NAM;

 JP MORGAN CHASE ACCOUNT
 ENDING IN 9900 IN THE NAME
 OF HUDSON ASSET HOLDING
 CORP;

 JP MORGAN CHASE ACCOUNT
 ENDING IN 4413 IN THE NAME
 OF HUDSON ASSET HOLDING
 CORP;

 JP MORGAN CHASE ACCOUNT
 ENDING IN 0353 IN THE NAME
 OF VIRTUA EDUCATION, INC.;

 JP MORGAN CHASE ACCOUNT
 ENDING IN 4827 IN THE NAME
 OF VIRTUA EDUCATION, INC.;
 AND

 TD AMERITRADE ACCOUNT
 ENDING IN 2857 IN THE NAME
 OF HEE AH NAM; AND

 THE REAL PROPERTY LOCATED
 AT 125 13TH STREET,
 CRESSKILL, NEW JERSEY,

                 Defendants in rem.

 - - - - - - - - - - - - - - - - - - - - - - -x



       Plaintiff the United States of America, by its attorney, Philip R. Sellinger,

United States Attorney for the District of New Jersey, for its verified complaint

(“Complaint”) alleges, upon information and belief, as follows:




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                            I. NATURE OF THE ACTION

        1.     This action is brought by the United States of America seeking the

forfeiture of the following properties:

   a.        The contents of an account at JP Morgan Chase ending in
             9483 in the name of Jae Choi Attorney Trust Account
             (“JCA Trust JPMC Acct 9483”);

   b.        The contents of an account at Bank of America ending in
             4685 in the name of Smart Learning, Inc. (“Smart
             Learning BofA Acct 4685”);

   c.        The contents of an account at JP Morgan Chase ending in
             0711 in the name of Hee Ah Nam (“Hee Ah Nam JPMC
             Acct 0711”);

   d.        The contents of an account at TD Bank ending in 2483 in
             the name of Hee Ah Nam (“Hee Ah Nam TD Acct 2483”);

   e.        The contents of an account at TD Bank ending in 1237 in
             the name of Hee Ah Nam (“Hee Ah Nam TD Acct 1237”);

   f.        The contents of an account at Bank of America ending in
             6030 in the name of Hee Ah Nam (“Hee Ah Nam BofA Acct
             6030”);

   g.        The contents of an account at Bank of America ending in
             6043 in the name of Hee Ah Nam (“Hee Ah Nam BofA Acct
             6043”);

   h.        The contents of an account at JP Morgan Chase ending in
             9900 in the name of Hudson Asset Holding Corp
             (“Hudson JPMC Acct 9900”);

   i.        The contents of an account at JP Morgan Chase ending in
             4413 in the name of Hudson Asset Holding Corp
             (“Hudson JPMC Acct 4413”);




                                          -3-
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   j.        The contents of an account at JP Morgan Chase ending in
             0353 in the name of Virtua Education, Inc. (“Virtua JPMC
             Acct 0353”);

   k.        The contents of an account at JP Morgan Chase ending in
             4827 in the name of Virtua Education, Inc. (“Virtua JPMC
             Acct 4827”);

   l.        The contents of an account at TD Ameritrade ending in
             2857 in the name of Hee Ah Nam (“Hee Ah Nam TDA Acct
             2857”); and

   m.        The real property located at 125 13th Street, Cresskill,
             New Jersey (the “Cresskill Residence”)

(collectively, the “Defendants in rem”).

        2.      The Defendants in rem are subject to forfeiture to the United States

of America, pursuant to 18 U.S.C. § 981(a)(1)(C), which subjects to forfeiture all

property, real or personal, that constitutes or is derived from proceeds

traceable to bank fraud, in violation of 18 U.S.C. § 1344, and false statements

to a financial institution, in violation of 18 U.S.C. § 1014, which are offenses

constituting specified unlawful activity, as defined in 18 U.S.C. § 1956(c)(7).

        3.      The Defendants in rem are additionally subject to forfeiture to the

United States of America, pursuant to 18 U.S.C. § 981(a)(1)(A), which subjects

to forfeiture property that was involved in a transaction or attempted

transaction in violation of 18 U.S.C. §§ 1956 and/or 1957, or a conspiracy to

commit such a violation, in violation of Section 1956(h).

                           II. JURISDICTION AND VENUE

        4.      This Court has jurisdiction over this action pursuant to 28 U.S.C.

'' 1345 and 1355(a).

                                           -4-
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      5.          Venue is proper pursuant to 28 U.S.C. ' 1355(b)(1)(A) because acts

and omissions giving rise to the forfeiture occurred in the District of New

Jersey.

      6.          With the exception of the Cresskill Residence, the Defendants in

rem are being held by the United States Internal Revenue Service.

      7.          The Cresskill Residence has not been seized but is within the

jurisdiction of the Court. The United States does not request authority from

the Court to seize the Cresskill Residence at this time. The United States will,

as provided by 18 U.S.C. § 985(b)(1) and (c)(1):

      a. post notice of this action and a copy of this Complaint for Forfeiture In

               Rem on the Cresskill Residence; and

      b. serve notice of this action on the Cresskill Residence’s owner(s), and

               any other person or entity who may claim an interest in the Cresskill

               Residence along with a copy of this Complaint; and

      c. file a Notice of Lis Pendens against the Cresskill Residence.

                                        III. FACTS

          8.      During the period relevant to this Complaint:

     i.        Jae H. Choi (“Choi”) was a resident of Cliffside Park, New Jersey.

    ii.        Hee Ah Nam, a/k/a “Iris Choi” (“Nam”) was Choi’s spouse and a

               resident of Cliffside Park, New Jersey.

   iii.        Individual 1 was Choi’s brother.




                                             -5-
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   iv.         First Home Bank was a FDIC-insured financial institution

               headquartered in Saint Petersburg, Florida that has locations in

               Florida.

    v.         Hanmi Bank was a FDIC-insured financial institution headquartered

               in Los Angeles, California that has locations primarily in California.

   vi.         Cache Valley was a FDIC-insured financial institution headquartered

               in Logan, Utah that has locations throughout Utah.

   vii.        Choi was associated with various corporate entities that were used to

               apply for government loans, or receive loan proceeds, as follows:

                i.       Smart Learning Inc. (“Smart Learning”), a New York

                         Corporation, which purports to provide educational services;

                ii.      The Homeschool Buyers Club Inc. (“Homeschool Buyers Club”),

                         a California Corporation, which purports to provide curriculums

                         for homeschooling;

               iii.      Educloud Inc. (“Educloud”), a New Jersey Corporation, which

                         purports to provide educational services;

               iv.       Hudson Asset Holding Corp. (“Hudson”), a corporation whose

                         purported services offered are currently unknown; and

                v.       Virtua Education, Inc. (“Virtua”), a corporation whose purported

                         services are currently unknown.

          9.          This civil forfeiture action arose from the United States’

investigation of Choi for fraudulently obtaining approximately $8.9 million

dollars in loans from the United States pursuant to an emergency financial

                                                 -6-
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assistance program created in response to the COVID-19 pandemic.

A. Background of COVID-19 Loan Program

      10.   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 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 funding.

      11.   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 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.




                                        -7-
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      12.    A PPP loan application must be processed by a participating

lender. If a PPP loan application is approved, the participating lender funds the

PPP loan using its own monies, which are 100% guaranteed by the 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.

      13.    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.

B. Overview of the Scheme

      14.    From in or around April 2020 through in or around August 2020,

Choi submitted, or caused to be submitted, fraudulent loan applications to

approved lenders, including First Home Bank, Hanmi Bank, and Cache Valley

Bank, in order to obtain funds through the PPP.

      15.    In connection with this fraud, Choi submitted the following PPP

loan applications to PPP lenders:

    Name of                                           Approximate
                    Amount             Lender
   Business                                           Application       Status
                   Approved
   Applicant                                             Date
                 $3,077,300.00      First Home Bank   April 3, 2020   Funded
  Smart
  Learning

                                        -8-
Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 9 of 42 PageID: 9




  Homeschool     $2,990,957.50     Hanmi Bank     April 10, 2020   Funded
  Buyers Club

                 $2,903,200.00     Cache Valley   April 23, 2020   Funded
  Educloud
                                      Bank



C. Falsified Smart Learning Application to First Home Bank

      16.    On or about April 3, 2020, First Home Bank received a PPP

application in the name of Smart Learning seeking a PPP loan in the amount of

$3,077,300. The application was submitted in Choi’s name and listed Choi as

the owner of Smart Learning.

      17.    The PPP application submitted to First Home Bank stated that

Smart Learning’s average monthly payroll was $1,230,925 and that the

company had 170 employees. As purported documentation of Smart

Learning’s payroll numbers, the PPP application included a payroll summary

report listing the purported employees and a purported Employer’s Annual

Federal Unemployment Tax Return (IRS Form 940) for 2019.

      18.    The Smart Learning PPP application to First Home Bank contained

the following false and fraudulent information:

      a. The purported Form 940 claimed that Smart Learning had paid

         employees $13,924,004.28 for 2019. IRS records indicate that Smart

         Learning filed a form 940 for 2019 reporting approximately $610,000

         in payments to employees for 2019.

      b. As part of the application, Choi provided purported January 2020

                                      -9-
Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 10 of 42 PageID: 10




         Smart Learning checking account records from a different financial

         institution, PNC Bank, falsely indicating an ending balance of

         approximately $685,000 and hundreds of thousands of dollars in

         payroll payments and other transactions. Records obtained from PNC

         Bank show that this account was not opened until on or about

         February 8, 2020 and that the largest balance the account held

         during February and March 2020 was approximately $25,000.

      19.    On or about April 20, 2020, Choi emailed First Home Bank to

falsely claim that he just told 150 of his Smart Learning employees that they

were losing their jobs because the PPP loan had not yet come through, that he

had “watched grown men and women crying,” and that he sincerely hoped that

the First Home Bank employee he was emailing “would never find [themselves]

in this kind of situation.”

      20.    Bank records show that upon receiving the full amount of PPP loan

proceeds from First Home Bank on or about April 23, 2020, Choi wired the

funds through a Smart Learning account at PNC Bank before sending

approximately $2,410,000 to an attorney trust account held in his name at JP

Morgan Chase, i.e., JCA Trust JPMC Acct 9483, in two transactions on or

about April 24, 2020 and May 6, 2020. The remaining approximately

$640,000 was sent from PNC Bank to another Smart Learning bank account at

yet another financial institution.




                                     -10-
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D. Falsified Homeschool Buyers Club Application to Hanmi Bank

      21.   On or about April 10, 2020, Hanmi Bank received a PPP

application in the name of Homeschool Buyers Club seeking a PPP loan in the

amount of $2,990,958. The application was submitted in Choi’s name and

listed Choi as the owner of Homeschool Buyers Club.

      22.   The PPP application submitted to Hanmi Bank stated that

Homeschool Buyers Club’s average monthly payroll was $1,196,383 and that

the company had 150 employees. As purported documentation of Homeschool

Buyers Club’s payroll numbers, the PPP application included a payroll

summary report listing the purported employees and a purported IRS Form

940 for 2019.

      23.   The Home School Buyers Club PPP application to Hanmi Bank

contained the following false and fraudulent information:

      a. The purported Form 940 claimed that Homeschool Buyers Club had

         paid employees $13,924,004.28 for 2019 (identical to that claimed for

         Smart Learning). IRS records indicate that Homeschool Buyers Club

         filed no form 940 or other tax return information for 2019.

      b. As part of the application, Choi provided social security numbers and

         names for 182 employees, along with other information. According to

         records maintained by the United States Social Security

         Administration (“SSA”), only eleven of those individuals’ names

         matched the social security numbers provided. And for those eleven

         individuals, the wages provided to Hanmi Bank as part of the PPP

                                     -11-
Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 12 of 42 PageID: 12




         application were higher than those reported to the SSA by

         Homeschool Buyers Club for the same period.

      c. As part of the application, Choi provided social security numbers and

         names for 167 contractors, along with other information. According

         to SSA records, only one of those individuals’ names matched the

         social security numbers provided. Many of the social security

         numbers provided by Choi for employees in the PPP application to

         Hanmi Bank were the same numbers provided for contractors, but

         were associated with different names.

      d. According to SSA records, for dozens of social security numbers

         provided by Choi to Hanmi Bank, the true holder of the social security

         number was deceased.

      24.   Bank records show that upon receiving the PPP loan proceeds in

the amount of $2,990,957.50 from Hanmi Bank on or about May 12, 2020,

Choi wired a total of $2,990,000 to JCA Trust JPMC Acct 9483 in two separate

transactions on or about May 24, 2020 and June 8, 2020.

E. Falsified Educloud Application to Cache Valley Bank

      25.   On or about April 23, 2020, Cache Valley Bank received a PPP

application in the name of Educloud seeking a PPP loan in the amount of

$2,903,200. The application was submitted in Individual 1’s name and listed

Choi’s brother as the owner of Educloud.

      26.   The PPP application submitted to Cache Valley Bank stated that

Educloud’s average monthly payroll was $1,161,280 and that the company had

                                     -12-
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150 employees. As purported documentation of Educloud’s payroll numbers,

the PPP application included a payroll summary report listing the purported

employees and a purported IRS Form 940 for 2019.

      27.   The Educloud PPP application to Cache Valley Bank contained the

following false and fraudulent information:

      a. The purported Form 940 claimed that Educloud had paid employees

         $13,924,004.28 for that year (identical to that claimed for Smart

         Learning and for Homeschool Buyers Club). IRS records indicate that

         Educloud filed no form 940 or other tax return information for 2019.

      b. The driver’s license provided to Cache Valley Bank for verification of

         Individual 1’s identity was a falsified copy of Choi’s New Jersey

         driver’s license—both the name and date of birth had been altered

         from Choi’s to Individual 1’s.

      28.   Bank records show that after receiving the full amount of PPP loan

proceeds from Cache Valley Bank on or about April 28, 2020, Choi wired the

proceeds to an Educloud account at another financial institution on or about

May 5, 2020 before sending approximately $2,902,000 to JCA Trust JPMC Acct

9483 on or about May 6, 2020.

F. Choi’s Use of PPP Loan Proceeds

      29.   As described in more detail below, bank records show that upon

receiving the PPP proceeds from First Home Bank, Hanmi Bank, and Cache

Valley Bank, Choi used the proceeds to, among other things, purchase the

Cresskill Residence for approximately $970,000, to pay for approximately

                                      -13-
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$30,000 in improvements to the Cresskill Residence, and to deposit

approximately $3 million into the personal investment account held at

electronic third-party broker TD Ameritrade—Hee Ah Nam TDA Acct 2857.

G. Choi’s Arrest and the Subsequent Criminal Proceedings

      30.   On September 2, 2020, United States Magistrate Judge James B.

Clark issued a sealed criminal complaint (the “Criminal Complaint”) charging

Choi with bank fraud, in violation of Title 18, United States Code, Section 1344

and money laundering, in violation of Title 18, United States Code, Section

1957. (See United States v. Jae H. Choi, Mag. No. 20-12360 (D.N.J.)). On that

same date, after finding probable cause that Choi had committed the crimes

alleged in the Criminal Complaint, Judge Clark (1) signed a warrant for Choi’s

arrest, and (2) issued seizure warrants for several bank accounts and a

brokerage account.

      31.   On September 15, 2020, a federal grand jury sitting in the District

of New Jersey issued a ten-count indictment, Crim. No. 20-793 (WJM),

charging Jae Choi with bank fraud, in violation 18 U.S.C. § 1344 (Counts One

through Four); False Statements on a Loan Application, in violation of 18

U.S.C. § 1014 (Counts Five through Eight); aggravated identity theft, in

violation of 18 U.S.C. § 1028A (Count Nine); and money laundering, in violation

of 18 U.S.C. § 1957 (Count Ten).

      32.   On August 25, 2022 Judge William J. Martini entered an Order of

Dismissal dismissing the indictment against Jae Choi due to Choi’s death (See

United States v. Jae H. Choi, 20-cr-793, Docket Number 39).

                                      -14-
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                           IV. THE DEFENDANTS IN REM

A. The Accounts Used to Receive Proceeds of the Fraudulently Obtained
   PPP Loans.

          33.   As described above, Choi acquired approximately $8,971,458 in

PPP funds through three separate loans from three separate lenders.

          34.   The primary accounts through which Choi funneled proceeds

obtained from the fraudulently obtained PPP loan proceeds included the

following:

          a. An account at Hanmi Bank ending in 4248 in the name of The
             Homeschool Buyers Club (“Homeschool Hanmi Acct 4248”);

          b. An account at PNC Bank ending in 0867 in the name of Educloud,
             Inc. (“Educloud PNC Acct 0867”);

          c. An account at PNC Bank ending in 1579 in the name of Smart
             Learning, Inc. (“Smart Learning PNC Acct 1579”);

          d. JCA Trust JPMC Acct 9483; and

          e. Smart Learning BofA Acct 4685.

     i.     Homeschool Hanmi Acct 4248.

          35.   Hanmi Bank records show that Homeschool Hanmi Acct 4248 was

opened on or about May 11, 2020. The authorized signer on the account was

Jae H. Choi, 3984 Washington Boulevard, Suite 109, Freemont, California

94538, who was listed as CEO, President, and Secretary of The Homeschool

Buyers Club.

          36.   This account was used to receive approximately $2,990,957 in

proceeds from the fraudulently obtained PPP loan referenced above from Hanmi

Bank on or about May 12, 2020.

                                        -15-
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          37.   Prior to the transfer of approximately $2,990,957 in proceeds from

the fraudulently obtained PPP loan to Homeschool Hanmi Acct 4248, the

account had a balance of zero, as of on or about May 11, 2020. The vast

majority of these funds were subsequently transferred to JCA Trust JPMC Acct

9483 via two outgoing wires: approximately $1,000,000 on or about May 14,

2020, and approximately $1,990,000 on or about June 8, 2020.

    ii.     Educloud PNC Acct 0867.

          38.   PNC Bank records show that the Educloud PNC Acct 0867 was

opened on or about April 14, 2020. The authorized signer on the account was

Jae H. Choi, who was listed as Director of Educloud, Inc.

          39.   This account was used to receive approximately $2,903,200 in

proceeds from the fraudulently obtained PPP loan referenced above from Cache

Valley Bank, on or about May 5, 2020.

          40.   Prior to the transfer of approximately $2,903,200 in proceeds from

the fraudulently obtained PPP loan to Educloud PNC Acct 0867, the account

had a balance of approximately $100, as of on or about May 4, 2020. The vast

majority of these funds were subsequently transferred to JCA Trust JPMC Acct

9483 via one outgoing wire: approximately $2,902,000 on or about May 6,

2020.

   iii.     Smart Learning PNC Acct 1579.

          41.   PNC Bank records show that Smart Learning PNC Acct 1579 was

opened on or about February 10, 2020. The authorized signer on the account

was Jae H. Choi, who was listed as President of Smart Learning, Inc.

                                         -16-
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      42.   This account was used to receive approximately $3,077,300 in

proceeds from the fraudulently obtained PPP loan referenced above from First

Home Bank, on or about April 23, 2020.

      43.   Prior to the transfer of approximately $3,077,300 in proceeds from

the fraudulently obtained PPP loan to Smart Learning PNC Acct 1579, the

account had a balance of approximately $3,745, as of on or about April 22,

2020. Between on or about April 23, 2020 and on or about May 6, 2020, Choi

made several disbursements of these funds. Namely, approximately

$2,410,000 was transferred to JCA Trust JPMC Acct 9483 via two outgoing

wires: approximately $1,000,000 on or about April 24, 2020, and

approximately $1,410,000 on or about May 6, 2020. Approximately $640,000

was transferred to Smart Learning BofA Acct 4685 via one outgoing wire

(approximately $500,000 on or about April 24, 2020) and one check

(approximately $140,000 on or about April 23, 2020). Approximately $5,000

was transferred to a TD Bank Account held in the name of Hee Ah Nam via

check on or about April 24, 2020. There was then a transfer from JCA Trust

JPMC Acct 9483 back to Smart Learning PNC 1579 in the amount of

approximately $7,000 on or about May 6, 2020.

      44.   A review of the other deposits into the Smart Learning PNC Acct

1579 revealed that between on or about April 23, 2020 through on or about

August 27, 2020, approximately $666,469 was received from Heartland

Payment Systems, a Global Payments company.




                                     -17-
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B. Tracing the Proceeds of the Fraudulently Obtained PPP Loans.

          45.   The accounts through which Choi funneled proceeds obtained from

the fraudulently obtained PPP loan proceeds included the following:

          a. JCA Trust JPMC Acct 9483;

          b. Hee Ah Nam JPMC Acct 0711;

          c. Hee Ah Nam TD Acct 2483;

          d. Hee Ah Nam TD Acct 1237;

          e. Hee Ah Nam BofA Acct 6030;

          f. Hee Ah Nam BofA Acct 6043;

          g. Hudson JPMC Acct 9900;

          h. Hudson JPMC Acct 4413;

          i. Virtua JPMC Acct 0353;

          j. Virtua JPMC Acct 4827;

          k. Smart Learning BofA Acct 4685; and

          l. Hee Ah Nam TDA Acct 2857.

     i.     Overview of Money Movement.

          46.   Choi used various bank accounts to hold the proceeds of the PPP

Loan Scheme. The proceeds and funds traceable to proceeds generated as a

result of the PPP Loan Scheme are forfeitable pursuant to 18 U.S.C. §

981(a)(1)(C). The proceeds of the loans were transferred and laundered from the

corporate bank accounts controlled by Choi that received the proceeds of the

PPP Loan Scheme (“PPP LLC Accounts”) into an attorney trust account held by

Choi and a bank account held in the name of a corporate entity controlled by

                                         -18-
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Choi. From those accounts, the proceeds of the PPP Loan Scheme were

transferred into bank accounts held by corporate entities controlled by Choi, as

well as personal bank accounts owned by Choi’s wife.

      47.   Given that Choi laundered the PPP loan proceeds through

numerous accounts, the flow of funds involved in the scheme was thus: banks

sent PPP loan proceeds to PPP LLC Accounts. The proceeds were then

transferred to Choi’s attorney trust account. Choi then sent the proceeds of

the PPP Loan Scheme from his attorney trust account to accounts held by

either his wife or corporate entities he controlled rather than to accounts held

in his name. The PPP loan proceeds were then transferred again from accounts

held by either Choi’s wife or Choi’s corporate entities to other bank accounts

held by either Choi’s wife or Choi’s corporate entities.

      48.   As such, proceeds generated by the PPP Loan Scheme were moved

to accounts other than the PPP LLC Accounts, to include, brokerage accounts

held in Nam’s name, bank accounts held in Nam’s name, and bank accounts

held in the names of corporate entities controlled by Choi. The proceeds of the

PPP Loan Scheme were, in part, eventually used by Choi to purchase a home

held in the name of an entity purportedly controlled by Nam, and used to fund

an investment account held in Choi’s wife’s name without her knowledge. By

moving the funds generated by the PPP Loan Scheme in such a fashion, Choi

committed a series of violations of 18 U.S.C. §§ 1956 and 1957. Thus, the

transfers of proceeds generated by the PPP Loan Scheme constituted money

laundering violations.

                                       -19-
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      49.   Choi laundered the proceeds of the scheme in order to conceal the

nature, source, and location of the PPP Loan Scheme. The Defendants in rem

are forfeitable as property involved in money laundering.

      50.   For example, the following were common forms of money

laundering that Choi employed: transfers of funds from PPP LLC Accounts to

the JCA Trust Account; transfers of funds from the JCA Trust Account to

accounts held in Nam’s name; and transfers from accounts held in Nam’s

name to other bank accounts held in Nam’s name.

      51.   The majority of the bank and brokerage accounts that constitute

the Defendants in rem are held in names other than Choi’s. Of the twelve

accounts that the government seized pursuant to seizure warrants, only one

account was held in Choi’s name. Six of the seized accounts were held in the

names of Choi’s wife, who, as discussed in more detail below was not involved

in the PPP Loan Scheme, and four of the seized accounts were held in the

names of companies for which Choi’s wife was the signatory.

      52.   After proceeds of the PPP loan fraud were disbursed to Choi, more

than $1.2 million from the accounts discussed below was used to pay for items

that have not been seized or restrained.

Choi’s Wife Told Law Enforcement That She Did Not Control the Bank
Accounts Held in Her Name and in the Name of Corporate Entities that
Contained Proceeds of the PPP Loan Scheme

      53.   On September 3, 2020, the day Choi was arrested, law

enforcement interviewed Nam at her home. During the interview, Nam told law

enforcement that she was unemployed and earned no income. She also told

                                      -20-
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law enforcement that she had not received any monies from family members

other than Choi, had not received any large inheritances, and did not have any

other source of income outside of the monies provided by Choi. Furthermore,

Nam told law enforcement that she did not control the household finances.

According to Nam, Choi generally paid the bills associated with the household.

Nam was unaware that Choi had applied for any PPP loans. As discussed in

more detail below, Nam also told law enforcement that Choi had opened

accounts in her name without her knowledge, and that Choi conducted large

transactions in accounts for which she was the signatory.

Choi Used Bank Accounts Held in the Name of His Wife and in the Names
of Corporate Entities He Controlled to Launder the Proceeds of the PPP
Loan Fraud Scheme

      54.   While proceeds of the PPP Loan Scheme were generated in the

three PPP LLC Accounts, which were held at various banks, the proceeds of the

scheme did not simply remain in the accounts that had received them. The

bank accounts discussed in paragraphs 94-110 below were all involved in

money laundering, as they served to conceal the PPP Loan Scheme, and thus

are forfeitable to the United States pursuant to 18 U.S.C. § 981(a)(1)(A).

Additionally, the bank accounts discussed in paragraphs 94-110 below all

contained funds traceable to proceeds of the PPP Loan Scheme and thus are

forfeitable to the United States pursuant to 18 U.S.C. § 981(a)(1)(C).

Choi’s Attorney Trust Account

      55.   The primary bank account into which Choi transferred the

proceeds of the PPP Loan Scheme was an account at JP Morgan Chase Bank

                                       -21-
Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 22 of 42 PageID: 22




ending in 9483 held in the name of Jae Choi Attorney Trust (“JCA Trust JPMC

Acct 9483”). JCA Trust JPMC Acct 9483 was central to Choi’s laundering of

the PPP Loan Scheme Proceeds as it was the bank account that received

proceeds of the scheme from the PPP LLC Accounts and distributed the

proceeds to additional bank accounts.

      56.      Choi’s use of his attorney trust account made it easier for him to

conceal and disguise the nature, source, and location of the PPP loan fraud

proceeds. Placing the PPP loan fraud proceeds into his trust account, which

ostensibly held client funds, made the PPP loan fraud proceeds more free from

obstruction than they would have been if they had been held in an account not

designated as an attorney trust account. Notably, Choi was not working as an

attorney at the time he used the trust account to launder proceeds of the PPP

Loan Scheme. As such, Choi’s placement of the PPP loan fraud proceeds in a

presumably legitimate trust account lent the proceeds a façade of legitimacy.

      57.      The proceeds of the PPP loan scheme were transferred from JCA

Trust JPMC Acct 9483 to bank accounts held in Choi’s wife’s name and the

names of corporate entities controlled by Choi.

      58.      Choi used JCA Trust JPMC Acct 9483 to transfer approximately

$6.8 million in illegal proceeds to accounts and assets, which he used for his

own benefit.

      59.      Each time Choi made a transfer of more than $10,000 in proceeds

or funds traceable to proceeds from the PPP LLC Accounts to JCA Trust JPMC

Acct 9483, a violation of 18 U.S.C. § 1957 occurred. Each time a transfer of

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      more than $10,000 in proceeds or funds traceable to proceeds were transferred

      from JCA Trust JPMC Acct 9483 to another account or asset, a violation of 18

      U.S.C. § 1957 occurred.

             ii.         JCA Trust JPMC Acct 9483.

                   60.     JP Morgan Chase records show JCA Trust JPMC Acct 9483 was

      opened on or about February 5, 2010. The authorized signer on the account

      was Jae H. Choi, who is listed as a sole proprietor. As indicated in Table I

      below, there were seven wires into JCA Trust JPMC Acct 9483 totaling

      approximately $8,378,000 from the aforementioned PPP loan proceeds. Prior

      to the PPP funds deposits, the account had a balance of approximately $6,767,

      as of on or about April 23, 2020.

      Table I:

   Date                        Payee                            Payor                    Amount
04/24/2020         JCA Trust JPMC Acct 9483      Smart Learning PNC Acct 1579       $    1,000,000
05/06/2020         JCA Trust JPMC Acct 9483      Educloud PNC Acct 0867             $    2,902,000
05/06/2020         JCA Trust JPMC Acct 9483      Smart Learning PNC Acct 1579       $    1,410,000
05/06/2020         JCA Trust JPMC Acct 9483      Smart Learning BofA Acct 4685      $      70,000
05/08/2020         JCA Trust JPMC Acct 9483      Smart Learning BofA Acct 4685      $        6,000
05/14/2020         JCA Trust JPMC Acct 9483      Homeschool Hanmi Acct 4248         $    1,000,000
06/08/2020         JCA Trust JPMC Acct 9483      Homeschool Hanmi Acct 4248         $    1,990,000
                                                                                    $8,378,000.00



               61.         Between on or about April 24, 2020 and on or about July 22,

      2020, approximately $6,817,649 of the funds contained in JCA Trust JPMC

      Acct 9483 were withdrawn through various disbursements. As set forth in

      Table II below, which details the most significant disbursements, JCA Trust

      JPMC Acct 9483 was used primarily to transfer the proceeds of PPP loans to


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Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 24 of 42 PageID: 24




two personal bank accounts held in Nam’s name, totaling approximately

$4,250,100, and to two business bank accounts in the amount of $2,467,000,

held in the name of Hudson and Virtua, for which Nam was the sole signatory.

Additionally, there were disbursements made to an individual (“Individual 2”) in

the amount of approximately $30,000, to Jinhak Corp in the amount of

approximately $202,000 at a bank located in Korea, to an individual

(“Individual 3”) in the amount of approximately $62,700, and to an architecture

firm (“Architect 1”) in the amount of approximately $5,000. The balance in

JCA Trust JPMC Acct 9483 on or about September 3, 2020, was approximately

$1,369,748.16.

      62.   A review of the other deposits into JCA Trust JPMC Acct 9483

revealed that between on or about April 23, 2020 and on or about August 24,

2020, approximately $136,069 was received from Amazon Pay, an online

payment service.

      63.   Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of JCA Trust JPMC Acct 9483 are forfeitable.




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        Table II:

                 Payee                               Payor               Amount        Transactions
Hee Ah Nam JPMC Acct 0711                 JCA Trust JPMC Acct 9483   $     2,720,000       19
Hee Ah Nam BofA Acct 2483                 JCA Trust JPMC Acct 9483   $       200,000        3
Hee Ah Nam BofA Acct 6030                 JCA Trust JPMC Acct 9483   $     1,330,100        9
Hudson JPMC Acct 9900                     JCA Trust JPMC Acct 9483   $     1,751,000       11
Virtua JPMC Acct 0353                     JCA Trust JPMC Acct 9483   $       716,000       10
Smart Learning BofA Acct 4685             JCA Trust JPMC Acct 9483   $        80,900        6
Smart Learning PNC Acct 1579              JCA Trust JPMC Acct 9483   $         7,000        1
Individual 2                              JCA Trust JPMC Acct 9483   $        30,000        1
Jinhak Corp - Industrial Bank of Korea    JCA Trust JPMC Acct 9483   $       202,000        5
Individual 3                              JCA Trust JPMC Acct 9483   $        62,700        2
Architect 1                               JCA Trust JPMC Acct 9483   $         5,000        1
                                                                     $    6,754,700



            iii.     Hee Ah Nam JPMC Acct 0711.

                   64.   JP Morgan Chase Bank records show that Hee Ah Nam JPMC Acct

        0711 was opened on or about May 13, 2020. The authorized signer on the

        account is Hee Ah Nam. This account was opened in order to facilitate the

        laundering of proceeds of the PPP loan fraud scheme.

                   65.   Nam told law enforcement that she did not conduct any large

        transactions in the numerous bank accounts held in her name, including in

        Hee Ah Nam JPMC Acct 0711, and that any transactions larger than $5,000 in

        Hee Ah Nam JPMC Acct 0711 would have been conducted by Choi.

                   66.   This account was used to receive approximately $2,720,000 in PPP

        loan proceeds from JCA Trust JPMC Acct 9483. Prior to the incoming funds of

        approximately $2,720,000, the account had a balance of approximately $500,

        as of approximately May 14, 2020. Between on or about May 15, 2020 through

        on or about June 11, 2020, a significant amount of the funds in Hee Ah Nam

        JPMC Acct 0711 was subsequently transferred to Hee Ah Nam TDA Acct 2857,

                                                 -25-
Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 26 of 42 PageID: 26




an investment account, through a series of withdrawals totaling approximately

$2,511,000. The balance in Hee Ah Nam JPMC Acct 0711 on or about

September 3, 2020, was approximately $201,871.

       67.   Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Hee Ah Nam JPMC Acct 0711 are forfeitable.

   iv.   Hee Ah Nam TD Acct 2483.

       68.   TD Bank records show that Hee Ah Nam TD Acct 2483 was opened

on or about March 5, 2006. The authorized signer on the account is Hee Ah

Nam.

       69.   Nam told law enforcement that she did not conduct any large

transactions in the numerous bank accounts held in her name, including in

Hee Ah Nam TD Acct 2483, and that any transactions larger than $5,000 in

Hee Ah Nam TD Acct 2483 would have been conducted by Choi.

       70.   This account received approximately $200,000 in PPP loan fraud

proceeds from JCA Trust JPMC Acct 9483 and approximately $5,000 from

Smart Learning PNC Acct 1579. Prior to the incoming funds of approximately

$205,000, the account had an approximate balance of $307, as of on or about

April 23, 2020. Almost immediately after being deposited in Hee Ah Name TD

Acct 2483, the funds were moved from Hee Ah Nam TD Acct 2483 to Hee Ah

Nam TD Acct 1237.




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       71.   Choi used Hee Ah Nam TD Acct 2483 to launder PPP fraud

proceeds to other accounts held by Nam in a series of pass-through

transactions. On or about May 6, 2020, approximately $50,000 was

transferred from JCA Trust JPMC Acct 9483 to Hee Ah Nam TD Acct 2483. On

the same day, approximately $50,000 was transferred from Hee Ah Nam TD

Acct 2483 to Hee Ah Nam TD Acct 1237. The next day, approximately $50,000

was transferred from JCA Trust JPMC Acct 9483 to Hee Ah Nam TD Acct 2483.

On the same day, approximately $50,000 was transferred from Hee Ah Nam TD

Acct 2483 to Hee Ah Nam TD Acct 1237. On or about May 13, 2020,

approximately $100,000 was transferred from JCA Trust JPMC Acct 9483 to

Hee Ah Nam TD Acct 2483. On the same day, approximately $100,000 was

transferred from Hee Ah Nam TD Acct 2483 to Hee Ah Nam TD Acct 1237.

The balance in Hee Ah Nam TD Acct 2483 on or about September 3, 2020, was

approximately $662.44.

       72.   Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and were involved in money laundering. For these reasons,

the contents of Hee Ah Nam TD Acct 2483 are forfeitable.

    v.   Hee Ah Nam TD Acct 1237.

       73.   TD Bank records show that Hee Ah Nam TD Acct 2483 was opened

on or about March 29, 2012. The authorized signer on the account is Hee Ah

Nam.




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      74.   Nam told law enforcement that she did not conduct any large

transactions in the numerous bank accounts held in her name, including, Hee

Ah Nam TD Acct 1237, and that any transactions larger than $5,000 in Hee Ah

Nam TD Acct 1237 would have been conducted by Choi.

      75.   This account received approximately $200,000 in proceeds of the

PPP Loan Fraud Scheme from Hee Ah Nam TD Acct 2483. Prior to the

incoming funds of approximately $200,000, the account had an approximate

balance of $7,297.61, as of on or about May 4, 2020. The balance in Hee Ah

Nam TD Acct 1237 on or about September 3, 2020, was approximately

$210,517.24.

      76.   Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Hee Ah Nam TD Acct 1237 are forfeitable.

   vi.   Hee Ah Nam BofA Acct 6030.

      77.   Bank of America records show that Hee Ah Nam BofA Acct 6030

was opened on or about May 14, 2020. The authorized signer on the account

is Hee Ah Nam. This account was opened in order to facilitate the laundering

of proceeds of the PPP loan fraud scheme.

      78.   Nam told law enforcement that she was not aware that Hee Ah

Nam BofA Acct 6030 even existed prior to September 3, 2020.

      79.   This account was used to receive approximately $1,330,100 in PPP

loan fraud proceeds from JCA Trust JPMC Acct 9483. Prior to the incoming

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funds of approximately $1,330,100, the account had a balance of zero, as of

May 14, 2020. This account was primarily used to transfer proceeds of the PPP

loan fraud scheme to Nam’s personal bank and investment accounts and used

to pay for personal and business credit cards.

         80.   Between on or about June 1, 2020 and on or about July 27, 2020,

a significant amount of the funds in Hee Ah Nam BofA Acct 6030 were

transferred from Hee Ah Nam BofA Acct 6030 to Hee Ah Nam TDA Acct 2857

through a series of withdrawals totaling approximately $451,000 and

transferred to Hee Ah Nam BofA Acct 6043 through a series of withdrawals

totaling approximately $1,100,000. A total of $420,000 was transferred from

Hee Ah Nam BofA Acct 6043 back to Hee Ah Nam BofA Acct 6030, resulting in

a net amount transferred of approximately $680,000.

         81.   Between on or about May 19, 2020 and on or about July 30, 2020,

Nam made approximately twenty-eight payments, totaling approximately

$189,375 from Hee Ah Nam BofA Acct 6030, to business and personal credit

cards.

         82.   Between on or about August 5, 2020 through on or about August

19, 2020, a total of approximately $50,000 was transferred from Hee Ah Nam

BofA Acct 6043 to Hee Ah Nam BofA Acct 6030 and subsequently used to pay

business and personal credit cards.

         83.   The balance in Hee Ah Nam BofA Acct 6030 on or about September

3, 2020, was approximately $16,980.18.




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      84.   Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Hee Ah Nam BofA Acct 6030 are forfeitable.

   vii.   Hee Ah Nam BofA Acct 6043.

      85.   Bank of America records show that Hee Ah Nam BofA Acct 6043

was opened on or about May 14, 2020. The authorized signer on the account

is Hee Ah Nam. This account was opened in order to facilitate the laundering

of proceeds of the PPP loan fraud scheme.

      86.   Nam told law enforcement that she was not aware that Hee Ah

Nam BofA Acct 6043 even existed prior to September 3, 2020.

      87.   This account received approximately $1,100,000 in PPP loan fraud

proceeds from Hee Ah Nam BofA Acct 6030. Prior to the incoming funds of

approximately $1,100,000, Hee Ah Nam BofA Acct 6043 had an approximate

balance of zero, as of May 14, 2020. There were multiple transfers from Hee

Ah Nam BofA Acct 6043 back to Hee Ah Nam BofA Acct 6030 totaling

approximately $420,000 resulting in a net transferred amount of approximately

$680,000.

      88.   Between on or about August 5, 2020 and on or about August 19,

2020, a total of approximately $50,000 was transferred from Hee Ah Nam BofA

Acct 6043 to Hee Ah Nam BofA Acct 6030. The balance in Hee Ah Nam BofA

Acct 6043 on or about September 3, 2020, was approximately $530,014.20.




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      89.   Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Hee Ah Nam BofA Acct 6043 are forfeitable.

  viii.   Hudson JPMC Acct 9900.

      90.   JP Morgan Chase Bank records show that Hudson JPMC Acct

9900 was opened on or about May 14, 2020. The authorized signer on the

account is Hee Ah Nam. This account was opened in order to facilitate the

laundering of proceeds of the PPP loan fraud scheme.

      91.   Nam told law enforcement that she opened Hudson JPMC Acct

9900 at Choi’s direction and did not conduct transactions related to Hudson

JPMC Acct 9900 including issuing checks, depositing funds, and transferring

monies. Any transaction associated with Hudson JPMC Acct 9900 was

conducted by Choi. Nam also told law enforcement that she was not aware of

any purchases or acquired assets of Hudson Asset Holding Corporation.

      92.   This account was used to receive approximately $1,401,000 in PPP

loan fraud proceeds from JCA Trust JPMC Acct 9483. Prior to the incoming

funds of approximately $1,401,000, the account had a balance of

approximately $500, as of May 14, 2020.

      93.   Between on or about May 14, 2020 and on or about May 29, 2020,

a significant amount of the funds in Hudson JPMC Acct 9900 were

subsequently transferred to Hudson JPMC Acct 4413 through a series of

withdrawals totaling approximately $500,000. Additionally, approximately

                                      -31-
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$687,748 was transferred to Blackstone Stewart Abstract via two outgoing

wires: approximately $300,000 on or about May 22, 2020, and approximately

$387,748 on or about May 26, 2020. The wires to Blackstone Stewart Abstract

funded the purchase of the Cresskill Residence, which was placed in the name

of Hudson Asset Holding Corp.

      94.    Between on or about June 2, 2020 and on or about July 14, 2020,

a total of approximately $32,058 was spent from Hudson JPMC Acct 9900, on

expenses related to acquiring and improving the newly acquired Cresskill

Residence.

      95.    On or about August 21, 2020, approximately $350,000 was

transferred from JCA Trust JPMC Acct 9483 to Hudson JPMC Acct 9900. That

same day, approximately $500,000 was transferred from Hudson JPMC Acct

9900 to Hudson JPMC Acct 4413. The balance in Hudson JPMC Acct 9900 on

or about September 3, 2020, was approximately $6,491.84.

      96.    Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Hudson JPMC Acct 9900 are forfeitable.

   ix.   Hudson JPMC Acct 4413.

      97.    JP Morgan Chase Bank records show that Hudson JPMC Acct

9900 was opened on May 14, 2020. The authorized signer on the account is

Hee Ah Nam. This account was opened in order to facilitate the laundering of

proceeds of the PPP loan fraud scheme.

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      98.   Nam told law enforcement that she opened Hudson JPMC Acct

4413 at Choi’s direction and did not conduct transactions related to Hudson

JPMC Acct 4413 including issuing checks, depositing funds, and transferring

monies. According to Nam, any transaction associated with Hudson JPMC

Acct 4413 was conducted by Choi.

      99.   This account received approximately $1,000,000 in PPP loan fraud

proceeds from Hudson JMPC Acct 9900. Prior to the incoming funds of

approximately $1,000,000, the account had an approximate balance of zero, as

of May 14, 2020. The balance in Hudson JPMC Acct 4413 on or about

September 3, 2020, was approximately $980,052.09.

      100. Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Hudson JPMC Acct 4413 are forfeitable.

    x.   Virtua JPMC Acct 0353.

      101. JP Morgan Chase Bank records show that Virtua JPMC Acct 0353

was opened on or about May 14, 2020. The authorized signer on the account

is Hee Ah Nam. The signature card for this account listed Nam as the

president of Virtua. This account was opened in order to facilitate the

laundering of proceeds of the PPP loan fraud scheme.

      102. Nam told law enforcement that although her name and social

security number were on the account opening documents for Virtua JPMC Acct

0353, Nam was not knowledgeable about Virtua’s business. Furthermore, Nam

                                      -33-
Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 34 of 42 PageID: 34




told law enforcement that she was not in fact president of Virtua. Nam said

that she had not conducted any large transactions in the accounts held by

Virtua. Nam told law enforcement that she was not involved in Virtua’s

business, and that Choi controlled the bank accounts held in the name of

Virtua.

      103. This account was used to receive approximately $716,000 in PPP

loan fraud proceeds from JCA Trust JPMC Acct 9483, approximately $3,300

from Smart Learning BofA Acct 4685, and approximately $2,000 from Hee Ah

Nam JPMC Acct 0711. Prior to the incoming funds of approximately $721,300,

the account had a balance of approximately $100, as of May 14, 2020.

      104. Between on or about May 14, 2020 and on or about July 17, 2020,

a significant amount of the funds in Virtua JPMC Acct 0353 was subsequently

transferred to Virtua JPMC Acct 4827 through a series of withdrawals totaling

approximately $300,000, as well as to Smart Learning BofA Acct 4685 through

withdrawals totaling approximately $55,800.

      105. Between on or about May 15, 2020 and on or about July 22, 2020,

approximately $242,591 from Virtua JPMC Acct 0353 was used to fund

personal and business expenses. The balance in Virtua JPMC Acct 0353 on or

about September 3, 2020, was approximately $157,917.19.

      106. Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Virtua JPMC Acct 0353 are forfeitable.

                                      -34-
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   xi.    Virtua JPMC Acct 4827.

      107. JP Morgan Chase Bank records show that Virtua JPMC Acct 4827

was opened on or about May 14, 2020. The authorized signer on the account

is Hee Ah Nam. The signature card for this account listed Nam as the

president of Virtua. This account was opened in order to facilitate the

laundering of proceeds of the PPP loan fraud scheme.

      108. Nam told law enforcement that although her name and social

security number were on the account opening documents for Virtua JPMC Acct

4827, Nam was not knowledgeable about Virtua’s business. Furthermore, Nam

told law enforcement that she was not in fact President of Virtua. Nam said

that she had not conducted any large transactions in the accounts held by

Virtua. Nam told law enforcement that she was not involved in any of Virtua’s

business, and that Choi controlled the bank accounts held in the name of

Virtua.

      109. Virtua JPMC Acct 4827 received approximately $300,000 in PPP

loan fraud proceeds from Virtua JMPC Acct 9900. Prior to the incoming funds

of approximately $300,000, the account had an approximate balance of zero,

as of May 14, 2020. The balance in Virtua JPMC Acct 4827 on or about

September 3, 2020 was approximately $300,036.39.

      110. Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Virtua JPMC Acct 4827 are forfeitable.

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Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 36 of 42 PageID: 36




   xii.   Smart Learning BofA Acct 4685.

      111. Bank of America records show that Smart Learning BofA Acct 4685

was opened on or about February 28, 2019. The authorized signer on the

account was Jae Choi, listed as President. The bank opening documents

indicate the account name as Smart Learning Inc. DBA Homeschool Buyers.

      112. This account was used to receive approximately $80,900 in PPP

loan fraud proceeds from JCA Trust JPMC Acct 9483, approximately $640,000

from Smart Learning PNC Acct 1579, approximately $55,800 from Virtua JPMC

Acct 0353, and approximately $1,200 from Educloud PNC Acct 0867. Prior to

the incoming funds of approximately $777,900, the account had an

approximate balance of $8,445.89, as of April 22, 2020.

      113. Approximately $291,000 was transferred from Smart Learning

BofA Acct 4685 to Blackstone Stewart Abstract via one outgoing wire in the

amount of approximately $291,000 on May 4, 2020, which went toward the

purchase of the Cresskill Residence. Approximately $70,000 was transferred to

JCA Trust JPMC Acct 9483 on or about May 6, 2020, and $3,300 was

transferred from Smart Learning BofA Acct 4685 to Virtua JPMC Acct 0353 on

or about May 28, 2020.

      114. Between on or about April 22, 2020 and on or about July 24,

2020, a total of $457,795 from Smart Learning BofA Acct 4685 was used to

fund personal and business expenses, including approximately $181,501 in

credit card payments. The balance in Smart Learning BofA Acct 4685 on or

about September 3, 2020, was approximately $32.06.

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      115. Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Smart Learning BofA Acct 4685 are forfeitable.

  xiii.   Choi Laundered Funds Traceable to Proceeds of the PPP Fraud
          Scheme by Using Them to Fund a Brokerage Account Held in His
          Wife’s Name― Hee Ah Nam TDA Acct 2857.

      116. TD Ameritrade records show that Hee Ah Nam TDA Acct 2857 was

opened on or about May 12, 2020, and listed the account owner as Hee Ah

Nam. Listed under the new account information section was an email address

Choi used to communicate with lenders about PPP loans. This account was

opened in order to facilitate the laundering of proceeds of the PPP loan fraud

scheme.

      117. Nam was not aware that Hee Ah Nam TDA Acct 2857 even existed

prior to September 3, 2020. She also told law enforcement that she had not

conducted any transactions in the account.

      118. Between on or about May 14, 2020 and on or about June 23,

2020, a total of $2,962,000 was deposited into Hee Ah Nam TDA Acct 2857.

This account received approximately $2,511,000 in PPP loan fraud proceeds

from Hee Ah Nam JPMC Acct 0711 and approximately $451,000 from Hee Ah

Nam BofA Acct 6030. Prior to the incoming funds of approximately

$2,962,000, the account had an approximate balance of zero, as of on or about

May 12, 2020.




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      119. This account was used to buy and sell securities. The value in Hee

Ah Nam TDA Acct 2857 as of on or about August 26, 2022 was approximately

$2,431,257.25

      120. Because tainted funds from the PPP LLC Accounts were used to

fund this account, the contents of this account are traceable to proceeds of the

PPP Loan Scheme and are involved in money laundering. For these reasons,

the contents of Hee Ah Nam TDA Acct 2857 are forfeitable.

C. Summary of Seizures from the Twelve Accounts.

      121. On or about September 3, 2020, IRS executed seizure warrants for

the twelve accounts at issue this in action. Below is a summary (Table III) of

the contents of each of the twelve accounts at the time of seizure.

Table III:

                                                Account       Account Balance
#    Bank Name       Account Name               Number       at Time of Seizure
     JP Morgan      Jae Choi Attorney
1      Chase          Trust Account            826749483    $         1,369,748.16
     JP Morgan
2      Chase          Hee Ah Nam                649560711   $          201,870.82
3     TD Bank         Hee Ah Nam               3451952483   $              662.44
4     TD Bank         Hee Ah Nam               4768161237   $          210,517.24
      Bank of
5     America         Hee Ah Nam           381058246030     $           16,980.18
      Bank of
6     America          Hee Ah Nam          381058246043      $          530,014.20
     JP Morgan        Hudson Asset
7      Chase          Holding Corp             679589900     $            6,491.84
     JP Morgan        Hudson Asset
8      Chase          Holding Corp             3893874413   $           980,052.09
     JP Morgan      Virtua Education,
9      Chase               Inc.                679590353    $           157,917.19
     JP Morgan      Virtua Education,
10     Chase               Inc.                3893874827   $           300,036.39


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Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 39 of 42 PageID: 39




      Bank of          Smart Learning,
11    America               Inc.            381051944685    $              32.06
        TD
12   Ameritrade         Hee Ah Nam              455372857   $     3,074,690.00
                                                            $     6,849,012.61


D. Choi Acquired a $970,000 Home in Cresskill, New Jersey Using Funds
   Traceable to Proceeds of the PPP Loan Scheme.

      122. Bank records show that upon receiving PPP loan fraud proceeds,

Choi used the proceeds to purchase the Cresskill Residence for approximately

$970,000, and to pay for approximately $30,000 in improvements to the

Cresskill Residence.

      123. On or about May 4, 2020, Choi transferred approximately

$291,000 of the $640,000 First Home Bank PPP loan proceeds previously sent

to Smart Learning BofA Acct 4685 to Blackstone Stewart Abstract, a title

company located in Cinnaminson, New Jersey, to purchase the Cresskill

Residence. In addition, between on or about May 15, 2020 and on or about

May 22, 2020, Choi transferred approximately $950,000 from JCA Trust JPMC

Acct 9483 to an account held in the name of Hudson Asset Holding Corp. To

complete the purchase of the Cresskill Residence, on or about May 22, 2020,

approximately $300,000 from Hudson JPMC Acct 9900, and on or about May

26, 2020, approximately $387,748.45 from Hudson JPMC Acct 9900, were

transferred in two wire transactions to Blackstone Stewart Abstract.

      124. Between on or about May 13, 2020 and on or about June 26,

2020, Choi used PPP loan proceeds from JCA Trust JPMC Acct 9483 and

Hudson JPMC Acct 9900 to pay approximately $16,000 in architect fees. On

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or about June 29, 2020, Choi used approximately $2,250 from Hudson JPMC

Acct 9900 to pay for landscaping design, which ultimately did not occur, for

the Cresskill Residence. Finally, on or about July 14, 2020, Choi used

approximately $12,000 from Hudson JPMC Acct 9900 to pay for remodeling

costs for the Cresskill Residence. Nam told law enforcement that she provided

no monies for the purchase of the Cresskill Residence and that she did not sign

any paperwork for the purchase of the Cresskill Residence.

                      V. FIRST CLAIM FOR FORFEITURE

      125. The allegations contained in paragraphs 1 through 124 of this

Complaint are incorporated herein and made part hereof.

      126. The Defendants in rem, and all property traceable thereto, are

subject to forfeiture as property constituting, or derived from, proceeds

traceable to, bank fraud, in violation of 18 U.S.C. § 1344, and false statements

to a financial institution, in violation of 18 U.S.C. § 1014.

      127. As a result of the foregoing, the Defendants in rem and all property

traceable thereto are subject to condemnation and to forfeiture to the United

States, in accordance with 18 U.S.C. § 981(a)(1)(C).

                    VI. SECOND CLAIM FOR FORFEITURE

      128. The allegations contained in paragraphs 1 through 124 of this

Complaint are incorporated herein and made part hereof.

      129. The Defendants in rem, and all property traceable thereto, are

subject to forfeiture as property involved in a transaction or attempted




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Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 41 of 42 PageID: 41




transaction in violation of 18 U.S.C. §§ 1956 and/or 1957 or a conspiracy to

commit such a violation, in violation of 18 U.S.C. § 1956(h).

      130. As a result of the foregoing, the Defendants in rem are subject to

condemnation and to forfeiture to the United States, in accordance with 18

U.S.C. § 981(a)(1)(A).

      WHEREFORE, the United States of America requests that the Clerk of

the Court issue a warrant for the arrest and seizure of the Defendants in rem

pursuant to Rule G(3)(b)(i) of the Supplemental Rules for Admiralty or Maritime

Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure,

which the plaintiff will execute upon the Defendants in rem pursuant to 28

U.S.C. § 1355(d) and Supplemental Rule G(3)(c); that notice of this action be

given to all persons who reasonably appear to be potential claimants to the

Defendants in rem; that the Defendants in rem be forfeited and condemned to

the United States of America; that the plaintiff be awarded its costs and

disbursements in this action; and that the Court grant such other and further

relief it deems just and proper.

Dated: Newark, New Jersey
       May 6, 2024

                                             PHILIP R. SELLINGER
                                             United States Attorney


                                             s/ Sarah Devlin
                                             By: Sarah Devlin
                                             Assistant United States Attorney




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Case 2:24-cv-05863-MEF-MAH Document 1 Filed 05/06/24 Page 42 of 42 PageID: 42




                                VERIFICATION

      I, Frank Stryker, hereby verify and declare under penalty of perjury that I

am a Special Agent with the United States Internal Revenue Service, that I have

read the foregoing Verified Complaint for Forfeiture in rem and know the

contents thereof, and that the matters contained in the Verified Complaint are

true to the best of my own knowledge, information, and belief.

       The sources of my knowledge and the grounds of my belief include the

official files and records of the United States; information obtained directly by

me; and information supplied to me from and by other law enforcement

officials, during an investigation of alleged violations of Title 18 of the United

States Code, Sections 1344, 1014, 1956, and/or 1957.

       I hereby verify and declare under penalty of perjury that the foregoing is

true and correct, pursuant to 28 U.S.C. § 1746.

      Dated this _3___ day of May 2024.




                                       s/ Frank W. Stryker
                                       Frank W. Stryker, Special Agent
                                       United States Internal Revenue Service


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