Indictment — United States v. Monica Moreno (N.D. Tex.)

Summary

An Indictment in United States of America v. Monica Moreno, Case 3:22-cr-00423-M, in the U.S. District Court for the Northern District of Texas, Dallas Division, filed November 1, 2022 as Document 1. Counts One and Three charge theft of government money under 18 U.S.C. § 641, and Count Two charges a false statement to a bank under 18 U.S.C. § 1014. The grand jury alleges that an EIDL advance of $2,000 was obtained on an application that falsely denied a prior criminal conviction, and that a PPP loan application to Sunrise Bank for Monica Moreno Income Tax Service falsely stated the business was established in 2009 with an average monthly payroll of $8,333, yielding approximately $20,800. It further alleges approximately $21,957 in Pandemic Unemployment Assistance paid through the Texas Workforce Commission on a false claim of unemployment. The Indictment includes a forfeiture notice.

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“Case 3:22-cr-00423-M Document1 Filed 11/01/22 Page1lofii PagelD1

ORIGINAL

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION Ms
UNITED STATES OF AMERICA .

V. CRIMINAL NO.

MONICA MORENO 3-22cRO423-A&

INDICTMENT

The Grand Jury charges:
At times relevant to this Indictment:
Introduction

1. The defendant, Monica Moreno, was the registered agent and sole owner

of Monica Moreno Income Tax Service, LLC (“Monica Moreno Income Tax Service)
which was registered by Moreno on or about April 11, 2021 with the Texas Secretary of
State.

Ze Moreno maintained bank accounts at Wells Fargo and Branch Banking and
Trust (“BB&T”), now known as Truist Financial Corporation. Moreno was the sole

signatory for the aforementioned bank accounts.

Economic Injury Disaster Loan (“EIDL”) Fraud

ce On March 27, 2020, the President of the United States signed a $2 trillion
stimulus bill into law, called the Coronavirus Aid, Relief, and Economic Security
(“CARES”) Act, which was intended to provide emergency financial assistance to the

millions of Americans suffering the economic effects caused by the COVID-19

Indictment—Page 1
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pandemic. The CARES Act established several new temporary programs and provided
for the expansion of others to address the COVID-19 outbreak.

4. The Economic Injury Disaster Loan (“EIDL”) program was one of the
programs expanded by the CARES Act that provided loan assistance for small businesses
and other eligible entities. EIDL proceeds could be used by business owners to pay fixed
debts, payroll, accounts payable and other bills that businesses could have paid had the
disaster not occurred.

Ls EIDL funds were issued directly from the United States Treasury and
applicants applied through the U.S. Small Business Administration (“SBA”) via an online
portal and application. The EIDL application collected information concerning the
business and the owner including the business owner’s criminal history and background.

6. On or about April 1, 2020, Moreno submitted a request for an advanced
EIDL loan to the SBA under her name doing business as her company JBP Financial.

7. On or about June 22, 2020, Moreno’s EIDL advance loan request was
approved by the SBA, and Moreno received a direct deposit into her BB&T bank
account for $2,000 from the United States Federal Treasury.

8. Moreno made false statements in her EIDL loan application, including that
she had never been convicted of a criminal offense or placed on probation, contrary to a
2015 judgment in the Northern District of Texas reflecting that Moreno was convicted of
Aggravated Identity Theft, Aiding and Abetting, and Conspiracy to Defraud the United
States, for which Moreno was sentenced to 48 months’ imprisonment, followed by 2
years of supervised release.

Indictment—Page 2
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Paycheck Protection Program (“PPP”) Fraud

9. The Paycheck Protection Program (“PPP”) is another program under the
CARES Act that provided small businesses with forgivable loans to pay their employees
during the pandemic.

10. The SBA provided PPP loans to small businesses and sole proprietorships
via one of their approved lending institutions.

11. Sunrise Bank is a federally insured financial institution that participated in
the PPP loan program as an approved lender.

12. To apply, applicants completed and transmitted to the lender a PPP loan
application, which required the applicant to certify, among other things; their payroll
expenses, the need for the loan, and that they were in operation as of February 15, 2020.

13. On or about February 26, 2021 Moreno submitted a PPP loan application

to Sunrise Bank on behalf of Monica Moreno Income Tax Service.

14. Moreno requested a small business loan of approximately $20,800 in PPP
funds.
15; On or about March 9, 2021, after Moreno’s PPP loan application was

approved, she received approximately $20,800 of PPP funds which were deposited into
her Wells Fargo bank account.

16. Moreno made false statements and submitted false documents in her PPP
loan application, including that Monica Moreno Income Tax Service was established in

2009 and had an average monthly payroll of $8,333.

Indictment—Page 3
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17. A search of the Internal Revenue Database revealed that there were no
payroll records or tax documents associated with Monica Moreno Income Tax Service for
the PPP loan application payroll period.

Pandemic Unemployment Assistance (“PUA”) Fraud

18. Under the CARES Act, individuals who were self-employed, seeking part-
time employment, or who otherwise would not have qualified for regular unemployment
compensation or extended benefits under state or federal law could have been eligible for
assistance under the Pandemic Unemployment Assistance (“PUA”) program.

19, PUA provided up to 39 weeks of unemployment benefits for persons
impacted by COVID-19.

20. Individuals could apply for PUA benefits online through the Texas
Workforce Commission (“TWC”) unemployment benefit services link. When applying,
individuals must certify that they lost their job due to the pandemic.

ks On or about July 5, 2020, Moreno submitted an application for
unemployment benefits via the TWC-PUA program.

eee On or about June 29, 2020 Moreno’s application for pandemic
unemployment assistance was approved for up to $50,000.

23s Moreno made false statements in her PUA application, including that she
was unemployed from March 15, 2020 due to the pandemic.

24. On or about March 11, 2019, Moreno was employed by ChelleComm and

worked as a sales representative until on or about June 7, 2021.

Indictment—Page 4
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23. As aresult of Moreno’s approved PUA application, from on or about July
5, 2020 through June 26, 2021, Moreno received checks through TWC for PUA benefits

into her Wells Fargo account for a total of approximately $21,957.

Indictment—Page 5
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Count One
Theft of Government Money
(Violation of 18 U.S.C. § 641)

26. The allegations in Paragraphs | through 25 of this Indictment are
incorporated herein.

27. On or about April 1, 2020 through on or about June 22, 2020, in the Dallas
Division of the Northern District of Texas and elsewhere, the defendant, Monica
Moreno, willfully and knowingly embezzled, stole, purloined, converted to her own use
or the use of another, money of the United States in excess of $1,000, to wit, Moreno
received approximately $2,000 paid by the United States Federal Treasury as a result of

her fraudulent SBA loan application under the Economic Injury Disaster Loan program.

In violation of 18 U.S.C. § 641.

Indictment—Page 6
7 Case 3:22-cr-00423-M Document1 Filed 11/01/22 Page7ofii PagelD7

Count Two
False Statement to a Bank
(Violation of 18 U.S.C. § 1014)
28. The allegations in Paragraphs | through 25 of this Indictment are
incorporated herein.

|
29. On or about February 26, 2021, in the Dallas Division of the Northern

District of Texas and elsewhere, the defendant, Monica Moreno, knowingly made a false

institution whose accounts were insured by the Federal Deposit Insurance Corporation,
that is, in the PPP loan application to the SBA and Sunrise Bank, Moreno falsely
represented that Monica Moreno Income Tax Services was established in 2009 and had
an average monthly payroll of $8,333, knowing such statements were false at the time she
made them.

statement for the purpose of influencing the lending action of Sunrise Bank, a financial
In violation of 18 U.S.C. § 1014.

|

|

Indictment—Page 7
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Count Three
Theft of Government Money
(Violation of 18 U.S.C. § 641)

30. The allegations in Paragraphs | through 25 of this Indictment are
incorporated herein.

31. From on or about July 5, 2020, through on or about June 26, 2021, in the
Dallas Division of the Northern District of Texas and elsewhere, the defendant, Monica
Moreno, willfully and knowingly embezzled, stole, purloined, converted to her own use
or the use of another, money of the United States in excess of $1,000, to wit, Moreno
was paid approximately $21,957 in unemployment checks administered by TWC as a

result of her fraudulent application for pandemic unemployment assistance.

In violation of 18 U.S.C. § 641.

Indictment—Page 8
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Forfeiture Notice
18 U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461, 18 U.S.C. § 982

Pursuant to 18 U.S.C. § 981(a)(1)(C) & 28 U.S.C. § 2461, upon conviction of
Count One and Count Three, the defendant Monica Moreno shall forfeit to the United
States any property constituting, or derived from, proceeds the defendant obtained
directly or indirectly, as a result of the offense. Pursuant to 18 U.S.C. § 982(a)(2), upon
conviction of Count Two, the defendant, Monica Moreno, shall forfeit to the United
States any property constituting, or derived from, proceeds the defendant obtained
directly or indirectly, as the result of the offense.

Pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b), if any of
the property described above, as a result of any act or omission of the defendant:

a. cannot be located upon the exercise of due diligence;

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

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

ron has been commingled with other property which cannot be divided without
difficulty,

the United States intends to seek forfeiture of any other property of the defendant

up to the value of the forfeitable property described above.

Indictment—Page 9
‘Case 3:22-cr-00423-M Document1 Filed 11/01/22 Page 100f11 PagelD 10

A TRUE BILL:

FOREPERS

CHAD E. MEACHAM

ft United States Attorney

Nee York Bar No. 4952248
1100 Commerce Street, Third Floor
Dallas, Texas 75242
Telephone: 214-659-8600
Facsimile: 214-659-8809
E-mail: nashonme.johnson@usdoj.gov

Indictment—Page 10
Case 3:22-cr-00423-M Document1 - Filed 11/01/22 Pagei1iofiil PagelD 11

THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

THE UNITED STATES OF AMERICA

MONICA MORENO

INDICTMENT

18 U.S.C. § 641

Theft of Government Money
(Counts | and 3)

18 U.S.C. § 1014

False Statement to a Bank
(Count 2)

18 U.S.C. § 981 (a)(1)(C) & 28 U.S.C. § 2461, 18 U.S.C. § 982
Forfeiture Notice

3 Counts

DALLAS FOREPERSON

Filed in open court this | day of November, 2022.

Warrant to be Issued

No Criminal Matter Pending


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