Factual Proffer — U.S. v. Dariel Garcia Carmona (S.D. Fla.)

Summary

A factual proffer in United States of America v. Dariel Garcia Carmona, Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN, in the United States District Court for the Southern District of Florida, entered on the docket December 9, 2022 as Document 141. It states that the defendant owned Construction by Design, created in the defendant's name by co-defendant Yunior Barrera Almaguer, and that a PPP application to Bank of America claimed 22 employees and average monthly payroll of $158,400, when the company had only one employee. It states that Bank of America transferred $396,000 on or about June 3, 2020, and that the defendant wired $390,000 to a TD Bank account and gave Barrera Almaguer blank pre-signed checks. It gives a $20,000 check to EBO Construction as an example, and states that the defendant was paid from the PPP funds.

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Cite this document

“Factual Proffer — U.S. v. Dariel Garcia Carmona (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-141-s-d-fla-5788418d8e/, SHA-256 023bc5b7d4e23e9801cf6ca2c90b73bd4a153aae57166443cec829142183e615.

Full text

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Case 9:22-cr-80118-DMM Document 141 Entered on FLSD Docket 12/09/2022 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

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

UNITED STATES OF AMERICA
FILED BY ~ D.C . .
v.

DARIEL GARCIA CARMONA, DEC 09 2022
ANGELA E. NOBLE
Defendant. CLERK U.S. DIST. CT.
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, wh ich 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 pandem ic. 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 certa in 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 141 Entered on FLSD Docket 12/09/2022 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.

DARIEL GARCIA CARMONA (GARCIA) was the owner of Construction by

Design , a company which had been created in GARCIA's name by co-defendant

Yunior BARRERA ALMAGUER (BARRERA) . GARCIA set up a Bank of America

(BofA) account for Construction by Design , which he gave BARRERA access too .

BARRERA knew GARCIA's name , social security number, date of birth, mailing

address, and email address , and the bank account routing number for Construction

by Design , and had an unindicted co-conspirator use interstate wire communications

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

Construction by Design on or about May 29 , 2020 , which falsely represented that the

company had 22 employees and an average monthly payroll of $158,400 each

month . In actuality , Construction by Design had only one employee , GARCIA .

2
Case 9:22-cr-80118-DMM Document 141 Entered on FLSD Docket 12/09/2022 Page 3 of 4

On or about June 3, 2020 , based on the false information provided in the loan

application, BofA approved the loan and transferred $396 ,000 in PPP funds via

interstate wire communication to Construction by Design 's BofA account, for which

GARCIA was the only signatory . Bank records showed that Construction by

Design 's BofA account had a negative balance on June 2, 2020 , and no evidence of

payroll payments to employees for Construction by Design prior to receipt of the PPP

funds . On June 4 , 2020 , at BARRERA's instruction , GARCIA wired $390,000 from

Construction by Design 's BofA account to another Construction by Design account

at TD Bank.

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

the TD Bank account so that BARRERA could access the wired funds , which

GARCIA did. After Construction by Design 's TD Bank account received the PPP

funds on June 4 , 2020 , GARCIA knew that BARRERA laundered the PPP funds by

writing checks to entities or individuals who were not associated with Construction by

Design , or by having GARCIA make large cash withdrawals . For example , on

August 6, 2020 , BARRERA wrote a check in the amount of $20,000 from

Construction by Design 's TD Bank account using monies from the PPP loan as

described above to EBO Construction , which was controlled by BARRERA. After

receiving this check, EBO Construction deposited it in Palm Beach County into its

own account at BofA, followed by which EBO Construction withdrew $9 ,800 in cash

on August 7, and again on August 10, 2020 . GARCIA not only knew that BARRERA

was laundering the funds from Construction by Design 's TD Bank account in this

3
Case 9:22-cr-80118-DMM Document 141 Entered on FLSD Docket 12/09/2022 Page 4 of 4

fashion , GARCIA also received a portion of the unlawfully obtained PPP funds from

BARRERA as payment for his role in the money laundering . GARCIA eventually

discovered that BARRERA had applied for the PPP loan on behalf of Construction

by Design but continued to make withdrawals of the PPP funds as instructed by

BARRERA, so that GARCIA would continue to be paid .

At all times relevant to the offense conduct, Bank of America and TD Bank

were banks the deposits of which were insured by the Federal Deposit Insurance

Corporation , and which 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 GARCIA , are sufficient to prove the offense to which GARCIA is

pleading guilty.

Respectfully submitted ,

JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY

By:

Date: f )- / Q / J- 2- By:

EFENDANT

By:
DARIEL ARCIA CARMONA
DEFENDANT

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