Factual Proffer — U.S. v. Leiner Pena Infante (S.D. Fla.)
Summary
A factual proffer in United States of America v. Leiner Pena Infante, Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN, in the United States District Court for the Southern District of Florida, entered on the docket November 18, 2022 as Document 122. It states that a PPP application for Penas Concrete Pumping Corp. was submitted to Kabbage, Inc. claiming 84 employees and average monthly payroll of $288,344, when the company had only one employee. It states that Kabbage transferred $720,860 on or about July 1, 2020, and that the defendant gave co-defendant Yunior Barrera Almaguer blank pre-signed checks and wrote checks at that co-defendant's direction. It gives checks of $22,000 and $8,000 to EBO Construction as examples of laundering. The proffer is dated 11-14-2022.
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Cite this document
“Factual Proffer — U.S. v. Leiner Pena Infante (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-122-s-d-fla-3c8e646f85/
, SHA-256 0249f3f5be182a630a6d5286a082cee5852af82b46bb832f95cc9831227c54e1.Full text
Case 9:22-cr-80118-DMM Document 122 Entered on FLSD Docket 11/18/2022 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 22-80118-CR-MIDDLEBROOKS/MA TTHEWMAN
UNITED STATES OF AMERICA
V. NOV 17 2022
ANGELA E. NOBLE
LEINER PENA INFANTE, CLERK U.S. DIST. CT.
S.D. OF FLA. - W.P.B.
Defendant.
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 122 Entered on FLSD Docket 11/18/2022 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 27 , 2020 , LEINER PENA INFANTE (PENA) allowed the
submission of a PPP loan application on behalf of his company , Penas Concrete
Pumping Corp . (Penas Concrete) to lender Kabbage , Inc. Specifically, PENA gave
his name, social security number, date of birth , mailing address , and email address ,
and the bank account routing number for Penas Concrete to co-defendant Yunior
BARRERA ALMAGUER (BARRERA) , who then had an unindicted co-conspirator
use interstate wire communications to electronically view and sign a PPP Loan
Application Form on behalf of Penas Concrete , which falsely represented that the
company had 84 employees and an average monthly payroll of $288 ,344 each
month . In actuality, Penas Concrete had only one employee , PENA.
On or about July 1, 2020 , based on the false information provided in the loan
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Case 9:22-cr-80118-DMM Document 122 Entered on FLSD Docket 11/18/2022 Page 3 of 4
application , Kabbage approved the loan and transferred $720 ,860 in PPP funds via
interstate wire communication to Penas Concrete's account at Bank of America
(BofA) , for which PENA was the only signatory. Bank records showed that Penas
Concrete's bank account at BofA had a balance of approximately $3 ,200 immediately
prior to receipt of the PPP funds , and that there was no evidence of payroll payments
to employees for Penas Concrete.
BARRERA instructed PENA to give him blank, pre-signed checks drawn on
the BofA account so that BARRERA could access the PPP funds, which PENA did .
PENA also wrote checks on the account at BARRERA's direction. Throughout July
2020 , PENA was aware that BARRERA laundered the PPP funds , by either writing
checks (or directing PENA to write checks) to entities or individuals who were not
associated with Penas Concrete , or by making large cash withdrawals. For
example, on October 7 , 2020 , BARRERA directed PENA to write checks in the
amounts of $22 ,000 and $8 ,000 respectively from Penas Concrete's BofA account
using monies from the PPP loan as described above, to EBO Construction , which
had also received its own PPP loan in the same scheme with BARRERA, and which
was controlled by BARRERA. After receiving these checks, EBO Construction
deposited them in Miami-Dade County into its Wells Fargo account, followed by which
EBO Construction wrote checks sending the funds to BARRERA's company, YBA
Auto. PENA 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 and Wells Fargo
3
Case 9:22-cr-80118-DMM Document 122 Entered on FLSD Docket 11/18/2022 Page 4 of 4
were banks the deposits of which were insured by the Federal Deposit Insurance
Corporation , and wh ich were 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 PENA, are sufficient to prove the offense to which PENA is pleading
guilty.
Respectfully submitted ,
JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
Date : 11-14-2022 By: ~ U
SUSAN OSBORN E ---
ASSISTANT UNITED STATES ATTORNEY
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AN □RMSMALLMAN =--
A TTO RN EY FOR DEFENDANT
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LEINER f>ENINFANTE
DEFENDANT
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