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Factual Proffer — U.S. v. Eduardo Ramos Leyva (S.D. Fla.)

Summary

A factual proffer in United States of America v. Eduardo Ramos Leyva, Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN, in the United States District Court for the Southern District of Florida, entered on the docket November 17, 2022 as Document 114. It states that on or about June 29, 2020 a PPP application for Construction47, Inc., of which the defendant was listed president, was submitted to Kabbage, Inc. claiming 48 employees and average monthly payroll of $202,381, when the company had only one employee. It states that Kabbage transferred $505,952 on or about July 1, 2020, and that the defendant gave co-defendant Yunior Barrera Almaguer blank pre-signed checks. It gives a $25,000 check to Garcia & Son Remodeling Services, Corp. as an example of laundering. The proffer is dated 11/14/2022.

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Cite this document

“Factual Proffer — U.S. v. Eduardo Ramos Leyva (S.D. Fla.).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-usa-v-barrera-almaguer-et-al-dkt-114-s-d-fla-d8d1a3e179/, SHA-256 ab54120b40931e58567fda2725dc461ed81f8911bb3c0fd78ff0166018e6b27b.

Full text

Case 9:22-cr-80118-DMM Document 114 Entered on FLSD Docket 11/17/2022 Page 1 of 4




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                  Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN



     UNITED STATES OF AMERICA

     V.


     EDUARDO RAMOS LEYVA,                                                NOV 17 2022
                                                                          ANGELA E. NOBLE
                                                                         CLERK U.S. DIST. CT.
            Defendant.                                                   S.D. OF FLA. - W.P.B.


                                     FACTUAL PROFFER

          If this matter had gone to trial , the United States would have proven the following

    facts beyond a reasonable doubt, which occurred in the Southern District of Florida and

    elsewhere :

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

    federal law enacted in or around March 2020 , designed to provide emergency

    financial assistance to Americans who were suffering the economic effects caused

    by the COVID-19 pandemic. One source of relief provided by the CARES Act was a

    program referred to as the Paycheck Protection Program (PPP) , which authorized

    forgivable loans to small businesses for job retention and certain other expenses .

          In order to obtain a PPP loan , a qualifying business submitted a PPP loan

    application , which was signed by an authorized representative of the business. The

    PPP loan application required the business to acknowledge the program rules and

    make certain affirmative certifications in order to be eligible to obtain the loan. In the

    PPP loan application , the small business was required to provide , among other things ,
Case 9:22-cr-80118-DMM Document 114 Entered on FLSD Docket 11/17/2022 Page 2 of 4




    its average monthly payroll expenses and number of employees, which were used to

    calculate the amount of money the small business was eligible to receive.

          A PPP loan application was processed by a participating lender. If a PPP loan

    application was approved , the participating lender funded the PPP loan using its own

    monies , and the loan was 100% guaranteed by the SBA.         PPP loan proceeds were

    required to be used by the business to pay expenses necessary to continue the

    operations of the business , including the payroll costs of employees , interest on

    mortgages , rent, and utilities. The interest and principal on the PPP loan could be

    entirely forgiven if the business spent the loan proceeds on these expense items within a

    designated period of time and used a defined portion of the loan proceeds on payroll

    expenses .

          On or about June 29, 2020 , EDUARDO RAMOS LEYVA (RAMOS) allowed

    the submission of a PPP loan application on behalf of the company Construction47 ,

    Inc. to lender Kabbage , Inc.   RAMOS was the listed president of Construction47 ,

    which was actually controlled by co-defendant Yunior BARRERA ALMAGUER

    (BARRERA). Specifically, RAMOS gave his name , social security number, date of

    birth , mailing address , and email address, and the bank account routing number for

    Construction47 to BARRERA, who then used interstate wire communications to

    electronically view and     sign a PPP Loan Application           Form on behalf of

    Construction47 , which falsely represented that the company had 48 employees and

    an average monthly payroll of $202 ,381 each month.        In actuality, Construction47

    had only one employee, RAMOS.


                                               2
Case 9:22-cr-80118-DMM Document 114 Entered on FLSD Docket 11/17/2022 Page 3 of 4




          On or about July 1, 2020 , based on the false information provided in the loan

    application , Kabbage approved the loan and transferred $505 ,952 in PPP funds via

    interstate wire communication to Construction47's account at Bank of America

    (BofA) , for which RAMOS was the only signatory.        Bank records showed that

    Construction47's bank account at BofA had a balance of approximately $19 ,930 .73

    on June 30 , 2020 , of which $10 ,000 was an Economic Injury Disaster Loan payment

    from the SBA. There was no evidence of payroll payments to employees for

    Construction47 in the BofA account prior to receipt of the PPP funds.

          BARRERA instructed RAMOS to give him blank, pre-signed checks drawn on

    the BofA account so that BARRERA could access the PPP funds, which RAMOS did.

    RAMOS also wrote checks on the account at BARRERA's direction.          Throughout

    July 2020 , RAMOS was aware that BARRERA laundered the PPP funds , by either

    writing checks (or directing RAMOS to write checks) to entities or individuals who

    were not associated with Construction47 , or by making large cash withdrawals.   For

    example , on July 24 , 2020 , BARRERA directed RAMOS to write a check in the

    amount of $25 ,000 from Construction47's BofA account using monies in part from

    the PPP loan as described above to Garcia & Son Remodeling Services , Corp .

    (Garcia & Son) which had also received its own PPP loan in the same scheme with

    BARRERA,     and   which   was   controlled   by   co-defendant   Vandre   GARCIA

    HERNANDEZ.      After receiving this check , Garcia & Son deposited it in Miami-Dade

    County into its own account at BofA, followed by which Garcia & Son wrote checks

    sending the funds to other companies involved in the scheme, such as Saihdel


                                             3
Case 9:22-cr-80118-DMM Document 114 Entered on FLSD Docket 11/17/2022 Page 4 of 4




    Trucking , Inc. , which had also received its own PPP loan in the same scheme with

    BARRERA, and was controlled by co-defendant Jorge ALVAREZ.                 RAMOS also

    received a portion of the unlawfully obtained PPP funds from BARRERA as payment

    for his role in the money laundering .

             At all times relevant to the offense conduct, Bank of America was a bank the

    deposits of which were insured by the Federal Deposit Insurance Corporation , and

    which was engaged in, and the activities of which affected , interstate and foreign

    commerce.

             The parties agree that these facts , which do not include all facts known to the

    United States and RAMOS , are sufficient to prove the offense to which RAMOS is

    pleading guilty.

                                              Respectfully submitted ,

                                              JUAN ANTONIO GONZALEZ
                                              UNITED STATES ATTORNEY


    Date : 11/14/2022                  By:
                                              SUSAN OSBORNE
                                              ASSISTANT UNITED STATES ATTORNEY


                                       By ~   ~
                                              ATTORNEY FOR DEFENDANT


             4 f- f 'I / ct ~
    Date :
                                       By EDUAf!ibeixVA
                                              DEFENDANT




                                                 4


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