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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