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Docket Report and Indictment — United States v. Toussaint

Summary

Document 9, filed 04/26/21, in Case 1:21-cr-00247-PAE, includes a criminal docket from the Northern District of Texas (Dallas) for Case 3:21-mj-00386-BK, case title USA v. Toussaint, listing defendant Mackenzy Toussaint as represented by Bret Martin. Its entries dated 04/22/2021 and 04/23/2021 include Rule 5 documents, an initial appearance before Magistrate Judge Renee Harris Toliver, an order setting conditions of release, and an order that the defendant surrender a passport. It also includes a Southern District of New York indictment with Count One (Conspiracy to Commit Major Fraud Against and Defraud the United States) against Apocalypse Bella, Mackenzy Toussaint and Amos Mundendi, alleging a scheme to obtain at least approximately $14 million in government-guaranteed loans.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Docket Report and Indictment — United States v. Toussaint.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-usa-v-bella-dkt-9-s-d-n-y-ce106932ad/, SHA-256 fe06aa089dba526c5954830a348041859a98ddd67cffde4009b6359cde9586c9.

Full text

             Case 1:21-cr-00247-PAE Document 9 Filed 04/26/21 Page 1 of 36


                          U.S. District Court
                   Northern District of Texas (Dallas)
       CRIMINAL DOCKET FOR CASE #: 3:21-mj-00386-BK All Defendants


Case title: USA v. Toussaint                         Date Filed: 04/22/2021


Assigned to: Magistrate Judge Renee
Harris Toliver

Defendant (1)
Mackenzy Toussaint                     represented by Bret Martin
                                                      Law Office of Bret Martin
                                                      PO Box 93565
                                                      Southlake, TX 76092
                                                      214-505-2168
                                                      Fax: 603-816-9652
                                                      Email: bretmartinatty@gmail.com
                                                      LEAD ATTORNEY
                                                      ATTORNEY TO BE NOTICED
                                                      Designation: Retained
                                                      Bar Status: Admitted/In Good Standing

Pending Counts                                       Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts                                    Disposition
None

Highest Offense Level (Terminated)
None

Complaints                                           Disposition
Rule 5 Documents



Plaintiff
USA                                    represented by Marcus J Busch-DOJ
                                                      US Attorney's Office
             Case 1:21-cr-00247-PAE Document 9 Filed 04/26/21 Page 2 of 36


                                                              1100 Commerce St
                                                              Suite 300
                                                              Dallas, TX 75242
                                                              214-659-8642
                                                              Fax: 214-659-8809
                                                              Email: marcus.busch@usdoj.gov
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED
                                                              Designation: US Attorney's Office
                                                              Bar Status: Admitted/In Good Standing


Date Filed      # Docket Text
04/22/2021      1 Rule 5 Documents as to Mackenzy Toussaint (1). In each Notice of Electronic
                  Filing, the judge assignment is indicated, and a link to the Judges Copy
                  Requirements and Judge Specific Requirements is provided. The court reminds
                  the filer that any required copy of this and future documents must be delivered to
                  the judge, in the manner prescribed, within three business days of filing. (mcrd)
                  (Entered: 04/22/2021)
04/23/2021      2 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge
                  Renee Harris Toliver: Initial Appearance as to Mackenzy Toussaint held on
                  4/23/2021. Date of Arrest: 4/23/2021. Location interval set to: LR. The judge
                  issued the oral order required by Fed. R. Crim. P. 5(f)(1). Written order to follow.
                  Attorney Appearances: AUSA - Marcus Busch; Defense - Bret Martin. (No
                  exhibits) Time in Court - :15. (Court Reporter: Shawnie Archuleta) (Interpreter
                  NA.) (USPO Wayne Poton.) (mcrd) (Entered: 04/24/2021)
04/23/2021      3 ELECTRONIC ORDER As to Mackenzy Toussaint: by this order -- issued to the
                  prosecution and defense counsel -- the court confirms the disclosure obligation of
                  the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and
                  the possible consequences of violating such order under applicable law.

                   This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of
                   Criminal Procedure, and is in addition to the oral order entered by the court on
                   the first scheduled court date when both the prosecutor and defense counsel were
                   present. (Ordered by Magistrate Judge Renee Harris Toliver on 4/23/2021) (mcrd)
                   (Entered: 04/24/2021)
04/23/2021      4 NOTICE OF ATTORNEY APPEARANCE by Bret Martin appearing for
                  Mackenzy Toussaint (If sealed documents that you are authorized to see were
                  previously filed by U.S. Pretrial Services or U.S. Probation, you will require
                  assistance to gain access to them and any related filings. Please call the clerk at
                  214.753.2240 during business hours to request access.) (mcrd) (Entered:
                  04/24/2021)
04/23/2021      5 WAIVER of Rule 5 Hearings by Mackenzy Toussaint. (mcrd) (Entered:
                  04/24/2021)
04/23/2021      6 Report of Proceedings under Rule 5(c)(3) and 5.1 as to Mackenzy Toussaint.
                  Defendant is released from custody on bond pending further proceedings.
              Case 1:21-cr-00247-PAE Document 9 Filed 04/26/21 Page 3 of 36


                    Paperwork sent to Southern District of New York. (Ordered by Magistrate Judge
                    Renee Harris Toliver on 4/23/2021) (mcrd) (Entered: 04/24/2021)
 04/23/2021      7 ORDER Setting Conditions of Release as to Mackenzy Toussaint (1) LR.
                   (Ordered by Magistrate Judge Renee Harris Toliver on 4/23/2021) (mcrd)
                   (Entered: 04/24/2021)
 04/23/2021      8 Notice FROM Texas Northern TO Southern District of New York of a Rule 5,
                   Rule 32.1, or Rule 40 Appearance as to Mackenzy Toussaint. Your case number
                   is: 21CR247. Docket sheet and documents attached.
                   If you wish to designate a different email address for future transfers, send your
                   request to the national list host at
                   InterDistrictTransfer_TXND@txnd.uscourts.gov. (mcrd) (Entered: 04/24/2021)
 04/23/2021      9 ELECTRONIC ORDER as to Mackenzy Toussaint: Defendant is ORDERED to
                   surrender his passport to the Clerk of the Court by 10am on 4/26/2021. (Ordered
                   by Magistrate Judge Renee Harris Toliver on 4/23/2021) (mcrd) (Entered:
                   04/24/2021)



                                         PACER Service Center
                                           Transaction Receipt
                                             04/26/2021 07:36:28
                     PACER
                                    us5070:2654438:0 Client Code:
                     Login:
                                                      Search        3:21-mj-00386-
                     Description:   Docket Report
                                                      Criteria:     BK
                     Billable Pages: 2                Cost:         0.20
                                                      Exempt
                     Exempt flag:   Exempt                          Always
                                                      reason:


PACER fee: Exempt
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                             U.S. District Court
                      Northern District of Texas (Dallas)
             CRIMINAL DOCKET FOR CASE #: 3:21−mj−00386−BK−1

Case title: USA v. Toussaint                           Date Filed: 04/22/2021

Assigned to: Magistrate Judge
Renee Harris Toliver

Defendant (1)
Mackenzy Toussaint              represented by Bret Martin
                                               Law Office of Bret Martin
                                               PO Box 93565
                                               Southlake, TX 76092
                                               214−505−2168
                                               Fax: 603−816−9652
                                               Email: bretmartinatty@gmail.com
                                               LEAD ATTORNEY
                                               ATTORNEY TO BE NOTICED
                                               Designation: Retained
                                               Bar Status: Admitted/In Good Standing

Pending Counts                                 Disposition
None

Highest Offense Level
(Opening)
None

Terminated Counts                              Disposition
None

Highest Offense Level
(Terminated)
None

Complaints                                     Disposition
Rule 5 Documents



Plaintiff
USA                                      represented by Marcus J Busch−DOJ
                                                        US Attorney's Office


                                                                                       1
    Case 1:21-cr-00247-PAE Document 9 Filed 04/26/21 Page 11 of 36
Case 3:21-mj-00386-BK Document 8 Filed 04/23/21 Page 2 of 27 PageID 22

                                                              1100 Commerce St
                                                              Suite 300
                                                              Dallas, TX 75242
                                                              214−659−8642
                                                              Fax: 214−659−8809
                                                              Email: marcus.busch@usdoj.gov
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED
                                                              Designation: US Attorney's Office
                                                              Bar Status: Admitted/In Good Standing

Date Filed   # Page Docket Text
04/22/2021   1    4 Rule 5 Documents as to Mackenzy Toussaint (1). In each Notice of Electronic
                    Filing, the judge assignment is indicated, and a link to the Judges Copy
                    Requirements and Judge Specific Requirements is provided. The court reminds
                    the filer that any required copy of this and future documents must be delivered to
                    the judge, in the manner prescribed, within three business days of filing. (mcrd)
                    (Entered: 04/22/2021)
04/23/2021   2   19 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge
                    Renee Harris Toliver: Initial Appearance as to Mackenzy Toussaint held on
                    4/23/2021. Date of Arrest: 4/23/2021. Location interval set to: LR. The judge
                    issued the oral order required by Fed. R. Crim. P. 5(f)(1). Written order to
                    follow. Attorney Appearances: AUSA − Marcus Busch; Defense − Bret Martin.
                    (No exhibits) Time in Court − :15. (Court Reporter: Shawnie Archuleta)
                    (Interpreter NA.) (USPO Wayne Poton.) (mcrd) (Entered: 04/24/2021)
04/23/2021   3   17 ELECTRONIC ORDER As to Mackenzy Toussaint: by this order −− issued to
                    the prosecution and defense counsel −− the court confirms the disclosure
                    obligation of the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963), and
                    its progeny, and the possible consequences of violating such order under
                    applicable law.

                     This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of
                     Criminal Procedure, and is in addition to the oral order entered by the court on
                     the first scheduled court date when both the prosecutor and defense counsel were
                     present. (Ordered by Magistrate Judge Renee Harris Toliver on 4/23/2021)
                     (mcrd) (Entered: 04/24/2021)
04/23/2021   4   21 NOTICE OF ATTORNEY APPEARANCE by Bret Martin appearing for
                    Mackenzy Toussaint (If sealed documents that you are authorized to see were
                    previously filed by U.S. Pretrial Services or U.S. Probation, you will require
                    assistance to gain access to them and any related filings. Please call the clerk at
                    214.753.2240 during business hours to request access.) (mcrd) (Entered:
                    04/24/2021)
04/23/2021   5   22 WAIVER of Rule 5 Hearings by Mackenzy Toussaint. (mcrd) (Entered:
                    04/24/2021)
04/23/2021   6   23 Report of Proceedings under Rule 5(c)(3) and 5.1 as to Mackenzy Toussaint.
                    Defendant is released from custody on bond pending further proceedings.
                    Paperwork sent to Southern District of New York. (Ordered by Magistrate Judge
                    Renee Harris Toliver on 4/23/2021) (mcrd) (Entered: 04/24/2021)

                                                                                                          2
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04/23/2021   7   25 ORDER Setting Conditions of Release as to Mackenzy Toussaint (1) LR.
                    (Ordered by Magistrate Judge Renee Harris Toliver on 4/23/2021) (mcrd)
                    (Entered: 04/24/2021)




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UNITED STATE S DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-   -    -    -   -   -   -   -   -   -   -   -   -       -   X

UNITED STATES OF AMERICA

             - v. -                                                SEALED INDICTMENT

APOCALYPSE BELLA ,                                                 21 Cr .
   a/k/a " Dias Yumba ,"

MACKENZY TOUSSAINT ,
   a/k/a " Mack ," and
                                                                      ..,, ,
AMOS MUNDEN DI ,
   a/k/a " Mos , "
   a/k/a "El Ashile Mundi ,"

                                      Defendants .

-   -    -    -   -   -   -   -   -   -   -   -   -   -       X

                                        COUNT ONE
                      (Conspiracy to Commit Major Fraud Against and
                               Defraud the United States)

             The Grand Jury charges :

                                          OVERVIEW OF FRAUDULENT SCHEME

             1.       From at least in or about March 2020 to the present ,

APOCALYPSE BELLA , a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a

"Mack ," and AMOS MUNDENDI , a/k/a " Mos ," a/k/a " El Ashile Mundi , "

the defendants , were involved in an extens i ve scheme to prepare

and submit fraudulent applications to the Small Business

Administration (" SBA" ) and to at l east one company which

processes PPP loan applications                               ("PPP Loan Company - 1 " ) , in order

to obtain at least approximately $14 million in government -

guaranteed loans for various companies through the SBA ' s




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Paycheck Protection Program ("PPP"), designed to provide

financial relief to qualifying companies during the novel

coronavirus/COVID-19 pandemic.        This scheme resulted in the

approval of fraudulently procured loans for two companies

("Company - 1" and "Company-2" ) , both located in the Southern

District of New York, totaling approximately $4 million , and the

distribution of the proceeds of these fraudulently obtained

funds to a series of bank accounts located in the United States

and elsewhere , including bank accounts controlled by TOUSSAINT

and BELLA.

     2.      APOCALYPSE BELLA, a/k/a "Dias Yumba ," MACKENZY

TOUSSAINT , a/k/a "Ma ck ," and AMOS MUNDENDI, a/k/a " Mos ," a/k/a

"El Ashile Mundi ," the defendants , devised and executed this

fraudulent scheme by conspiring with individuals (the "Straw

Applicants") , who own , operate or otherwise are affiliated with

businesses (the "Straw Companies " ) , such as Company- 1 and

Company-2.     BELLA , TOUSSAINT , MUNDENDI , and other co -

conspirators supervised and coordinated the submission of

fraudulent PPP loan applications for the Straw Companies , and in

some cases , completed and/or submitted the fraudulent

applications themselves.

     3.      The PPP loan applications for Company- 1 and Company- 2

(" Company-1 PPP Loan Application" and " Company- 2 PPP Loan

Application") were false , designed to maximize proceeds to the



                                      2

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fraud scheme .   Specifically , applications for both Company-1 and

Company- 2 contained material differences from loan applications

submitted for both companies for the Economic Injury Disaster

Loan (" EIDL " ) program just months earlier .      For instance , the

Company- 1 PPP Loan Application represented that Company-1 had

over 100 employees .    However , an earlier EIDL loan application

for Company-1 dated on or about March 30 , 2020 , represented that

Company-1 had only four employees .       And the Company- 2 PPP Loan

Application was strikingly similar to that of Company- 1 , in

terms of the number o f employees and the size of its payroll ,

although a previously submitted EIDL loan application for

Company- 2 also claimed that Company- 2 had many fewer employees.

Moreover , the Company- 1 and Company- 2 PPP Loan Applications both

contained false information about the number of employees, size

of payrol l, and ot her financial information relating to Company-

1 and Company- 2 .   These false representations appear to be

designed to result in the procurement of PPP loans just shy of

$2 million for each company , the largest PPP loan that was

allowed by PPP Loan Company-1 at t h e time that the Company- 1 and

Company- 2 PPP Loan Applications were submitted .

     4.    In early July 2020 , the PPP l oan applications for both

Company-1 and Company- 2 were approved, resulting in the

disbursement of nearly $4 million total in fraudulently procured

loans to the defendants.



                                      3


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     5.    Between July and August 2020 , there were significant

disbursements from the Company- 1 Bank Account that did not

appear to meet the requirements for the use of PPP funds ,

including large transfers of funds abroad , the movement of funds

to an investment management company , and the payment of

approximately $729 , 550 in funds to a bank account which is

controlled by APOCALYPSE BELLA , a/k/a "Dias Yumba ," the

defendant , and approximately $138 , 000 to a bank account which is

controlled by MACKENZY TOUSSAINT , a/k/a " Mack ," the defendant .

     6.    Starting in or about February 2021 , AMOS MUNDENDI ,

a/k/a "Mos ," a/k/a " El Ashile Mundi ," the defendant , began to

facilitate the process of fraudulently applying for a second

round of PPP loans , including for Company- 1 and Company-2 .           This

resulted in a second fraudulent PPP Loan Application being

prepared and submitted in the name of Company- 1 requesting an

additional $2 million in PPP funds .        Those funds have not yet

been disbursed .

                         Statutory Allegations

     7.    From at least in or about March 2020 to the present ,

in the Southern District of New York and elsewhere , APOCALYPSE

BELLA , a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and

AMOS MUNDENDI , a/k/a "Mos ," a/k/a "El Ashile Mundi , " the

defendants , together with others known and unknown , willfully

and knowingly combined , conspired , confederated , and agreed



                                      4

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together and with each other to commit an offense against the

United States and to defraud the United States and an agency

thereof , to wit , the SBA , in violation of Title 18 , United

States Code , Sections 1031 and 2.

     8.    It was a part and an object of the conspiracy that

APOCALYPSE BELLA , a/k/a " Dias Yumba , " MACKENZY TOUSSAINT , a/k/a

" Mack ," and AMOS MUNDENDI , a/k/a " Mos ," a/k/a " El Ashile Mundi ,"

the defendants , together with others known and unknown ,

willfully and knowingly would and did execute and attempt to

execute , a scheme and artifice with the intent to defraud the

United States , and to obtain money and property by means of

false and fraudulent pretenses , representations , and promises ,

in a grant , contract , subcontract , subsidy , loan , guarantee ,

insurance , and other form of Federal assistance , including

through an economic stimulus , recovery and rescue plan provided

by the Government , the value of which was $1 , 000 , 000 and more ,

to wit , BELLA , TOUSSAINT , and MUNDENDI engaged in a scheme to

obtain at least approximately $14 million in Government -

guaranteed loans for various companies , including Company- 1 and

Company- 2 , by means of false and fraudulent pretenses ,

representations , and documents , through the PPP of the SBA ,

designed to provide relief to small businesses during the novel

coronavirus/COVID - 19 pandemic .




                                     5


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     9.    It was a further part and an object of the conspiracy

that APOCALYPSE BELLA , a/k/a "Dias Yumba ," MACKENZY TOUSSAINT ,

a/k/a "Mack," and AMOS MUNDENDI , a/k/a " Mos ," a/k/a "El Ashile

Mundi ," the defendants , together with others known and unknown ,

willfully and knowingly would and did defraud the United States,

and an agency thereof, to wit , BELLA , TOUSSAINT , and MUNDENDI

engaged in a scheme to obtain at least approximately $14 million

in Government-guaranteed loans for various companies , including

Company- 1 and Company-2 , by means of false and fraudulent

pretenses , representations , and documents , through the SBA's

Payment Protection Program.

                                Overt Acts

     10.   In furtherance of the conspiracy and to effect the

illegal objects thereof , APOCALYPSE BELLA , a/k/a " Dias Yumba ,"

MACKENZY TOUSSAINT , a/k/a " Mack ," and AMOS MUNDENDI , a/k/a

"Mos," a/k/a "El Ashile Mundi ," the defendants , and others known

and unknown , committed the following overt acts , among others ,

in the Southern District of New York and elsewhere :

           a.    In or about July 2020 , a co-conspirator not named

herein ("CC-1 " ) , who was located in the Southern District of New

York and acts as an agent of both Company- 1 and Company- 2 ,

caused a total of approximately $729 , 550 in proceeds from

fraudulently procured PPP loans to be transferred to a bank




                                     6


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account controlled by BELLA from a bank account located in the

Southern District of New York .

            b.    In or about August 2020 , CC-1 , who was located in

the Southern District of New York , caused a total of

approximately $138 , 000 in proceeds from fraudulently procured

PPP loans to be transferred to an account controlled by

TOUSSAINT from a bank account located in the Southern District

of New York .

            c.    In or about February 2021 and March 2021 ,

MUNDENDI communicated with CC-1 , who was located in the Southern

District of New York , and caused to be prepared a fraudulent PPP

application for Company- 2 , which was transmitted to CC-1.

            (Title 18 , United States Code , Section 371) .

                                COUNT TWO
                 (Major Fraud Against the United States)

     The Grand Jury further charges :

     11 .   The allegations set forth in paragraphs 1 to 6 are

repeated and realleged , and incorporated by reference as if

fully set forth herein .

     12 .   From at least in or about March 2020 to the present,

in the Southern District of New York and elsewhere , APOCALYPSE

BELLA , a/k/a "Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and

AMOS MUNDENDI , a/k/a "Mos ," a/k/a "El Ashile Mundi , " the

defendants , willfully and knowingly executed , and attempted to

execute , a scheme and artifice with t he intent to defraud the


                                     7


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United States, and to obtain money and property by means of

false and fraudulent pretenses , representations , and promises ,

in a grant , contract , subcontract , subsidy , loan , guarantee ,

insurance , and other form of Federal assistance , including

through an economic stimulus , recovery and rescue plan provided

by the Government , the value of which was $1 , 000 , 000 and more ,

to wit , BELLA, TOUSSAINT , AND MUNDENDI engaged in a scheme to

obta in at least approximately $14 million in Government-

guaranteed loans by means of false and fraudulent pretenses ,

representations , and documents, including for Company- 1 and

Company- 2 , through the PPP .

       (Title 18, United States Code , Sections 1031 and 2 . )

                              COUNT THREE
                        (Wire Fraud Conspiracy)

     The Grand Jury further charges:

       13 .   The allegations set forth in paragraphs 1 to 6 are

repeated and realleged , and incorporated by reference as if

fully set forth herein .

       14.    From at least in or about March 2020 through at least

in or about May 2020 , in the Southern District of New York and

elsewhere , APOCALYPSE BELLA , a/k/a "Dias Yumba," MACKENZY

TOUSSAINT , a/k/a "Mack," and AMOS MUNDENDI , a/k/a "Mos," a/k/a

"El Ashile Mundi ," the defendants, and others known and unknown ,

willfully and knowingly did combine , conspire , confederate , and




                                     8

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agree together and with each other to commit wire fraud , in

violation of Title 18 , United States Code , Section 1343 .

      15.   It was a part and an object of the conspiracy that

APOCALYPSE BELLA, a/k/a "Dias Yumba," MACKENZY TOUSSAINT , a/k/a

"Mack ," and AMOS MUNDENDI , a/k/a "Mos, " a/k/a "El Ashile Mundi, "

the defendants , and others known and unknown , willfully and

knowingly , having devised and intending to devise a scheme and

artifice to defraud , and for obtaining money and property by

means of false and fraudulent pretenses , representations , and

promises, transmitted and caused to be transmitted by means of

wire , radio ,· and television communication in interstate and

foreign commerce , writings , signs , signals , pictures , and

sounds , for the purpose of executing such scheme and artifice ,

to wit , BELLA, TOUSSAINT , AND MUNDENDI engaged in a scheme to

obtain at least approximately $14 million in Government -

guaranteed loans by means of false and fraudulent pretenses ,

representations , and documents, including Company- 1 and Company-

2 , through the PPP , including the online submission of PPP loan

applications transmitted from the Southern District of New York .

       (Title 18 , United States Code, Sections 1349 and 2.)




                                     9


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                                COUNT FOUR
                                (Wire Fraud)

     The Grand Jury further charges:

     16 .   The allegations set forth in paragraphs 1 to 6 are

repeated and realleged , and incorporated by reference as if

fully set forth herein .

     17 .   From at least in or about March 2020 to the present ,

in the Southern District of New York and elsewhere , APOCALYPSE

BELLA , a/k/a "Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and

AMOS MUNDENDI , a/k/a "Mos," a/k/a "El Ashile Mundi ," the

defendants , willfully and knowingly, having devised and

intending to devise a scheme and artifice to defraud , and for

obtaining money and property by means of false and fraudulent

pretenses , representations , and promises , transmitted and caused

to be transmitted by means of wire , radio , and television

communication in interstate and - foreign commerce , writings ,

signs , signals , pictures , and sounds , for the purpose of

executing such scheme and artifice , to wit , BELLA , TOUSSAINT,

AND MUNDENDI engaged in a scheme to obtain at least

approximately $14 million in Government-guaranteed loans by

means of false and fraudulent pretenses , representations , and

documents , including for Company-1 and Company- 2 , through the

PPP , for which fraudulent PPP loan applications were accessed

online from the Southern District of New York .



                                     10

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          (Title 18 , United States Code , Sections 1343 and 2 . )

                          FORFEITURE ALLEGATIONS

      18.     As the result of committing the offenses charged in

Counts Th r ee a n d Four of this Indictment , APOCALYPSE BE LLA ,

a/k/a " Dias Yumba ," MACKENZY TOUSSAINT , a/k/a " Mack ," and AMOS

MUNDENDI , a/k/a " Mos ," a/k/a " El Ashile Mundi ," the defendants ,

shal l forfeit to the Un i ted States , pursuant to Tit l e 1 8 , United

States Code , Section 981 (a) (1) (C) and Title 28 United States

Code , Section 2461(c) , any and all property , real and personal ,

that constitutes , or is derived from , proceeds traceab l e to the

commission of said offenses , including but not limited to a sum

of money in United States currency representing the amount of

proceeds t raceable to t h e commission of said offenses .

                       Substitute Assets Provision

          19 . If any of the above - described forfeitable property , as

a resu l t of any act or omission of the defendants :

              a.   cannot be located upon the exercise of due

diligence ;

              b.   has been transferred or sold to , or deposited

with , a third person ;

              c.   has been placed beyond the jurisdiction of the

Court ;

              d.   has been substantially diminished in value ; or

              e.   has been commingled with other property which

cannot be subdivided without difficulty ;

                                     11

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it is the intent of the United States , pursuant to Title 21 ,

United States Code , Section 853(p) , and Title 28 , United States

Code , Section 246l(c) , to seek forfeiture of any other property

of the defendants up to the value of the forfeitable property

described above .

            (Title 18, United States Code , Section 981 ;
          Title 21 , United States Code , Section 853 ; and
           Title 28 , United States Code , Section 2461 . )




                                                   RAUSS   ffe l
                                                  tates Attorney




                                    12

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                     UNITED STATES DISTRICT COURT
                    SOUTHERN DISTRICT OF NEW YORK


                       UNITED STATES OF AMERICA

                                        V.


        APOCALYPSE BELLA, a/k/a "Dias Ywnba,"
        MACKENZY TOUSSAINT, a/k/a "Mack," and
        AMOS MUNDENDI, a/k/a "Mos," a/k/a "El Ashile
        Mundi,"
                                   Defendants.


                                SEALED INDICTMENT

                                      21 Cr .

          (18 U. S . C .   §§    371 , 1031 , 1343 , 1349 and 2 . )

                                 AUDREY STRAUSS
                           Un i ted States Attorney

                                   A TRUE BILL




                           lAJorror\+s
                           \)fJ~cr('      OT~ <1/1Lf/1-J
                                                 ~
                                                                             16
  Case
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                                               Filed
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                                                                     of 1
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MIME−Version:1.0
From:ecf_txnd@txnd.uscourts.gov
To:Courtmail@localhost.localdomain
Bcc:
−−Case Participants: Bret Martin (bretmartinatty@gmail.com), Marcus J Busch−DOJ
(bcombs@usa.doj.gov, caseview.ecf@usdoj.gov, dwirtz@usa.doj.gov, lwright3@usa.doj.gov,
marcus.busch@usdoj.gov, nleblanc@usa.doj.gov, usatxn.central.docketing@usdoj.gov),
Magistrate Judge Renee Harris Toliver (ethan_glenn@txnd.uscourts.gov,
judge_toliver_ecfdocs@txnd.uscourts.gov, lina_figari@txnd.uscourts.gov,
mervin_wright@txnd.uscourts.gov)
−−Non Case Participants:
−−No Notice Sent:

Message−Id:13119537@txnd.uscourts.gov
Subject:Activity in Case 3:21−mj−00386−BK USA v. Toussaint Rule 5(f)(1) Order
Content−Type: text/html

If you need to know whether you must send the presiding judge a paper copy of a document that you
have docketed in this case, click here: Judges' Copy Requirements. Click here to see Judge Specific
Requirements. Unless exempted, attorneys who are not admitted to practice in the Northern District of
Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov. If
admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.

                                          U.S. District Court

                                      Northern District of Texas

Notice of Electronic Filing


The following transaction was entered on 4/24/2021 at 10:11 AM CDT and filed on 4/23/2021

Case Name:       USA v. Toussaint
Case Number:     3:21−mj−00386−BK
Filer:
Document Number: 3(No document attached)
Docket Text:
 ELECTRONIC ORDER As to Mackenzy Toussaint: by this order −− issued to the prosecution
and defense counsel −− the court confirms the disclosure obligation of the prosecutor under
Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and the possible consequences of
violating such order under applicable law.

This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of Criminal
Procedure, and is in addition to the oral order entered by the court on the first scheduled
court date when both the prosecutor and defense counsel were present. (Ordered by
Magistrate Judge Renee Harris Toliver on 4/23/2021) (mcrd)


3:21−mj−00386−BK−1 Notice has been electronically mailed to:

Marcus J Busch−DOJ marcus.busch@usdoj.gov, BCombs@usa.doj.gov, CaseView.ECF@usdoj.gov,
DWirtz@usa.doj.gov, LWright3@usa.doj.gov, NLeBlanc@usa.doj.gov,
USATXN.Central.Docketing@usdoj.gov


                                                                                                        17
  Case
     Case
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                     NEF for Docket
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                                    Entry93 Filed
                                               Filed
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                                                     04/23/2021
                                                             Page 27
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Case 3:21-mj-00386-BK Document 8 Filed 04/23/21 Page 18 of 27 PageID 38

Bret Martin   bretmartinatty@gmail.com

3:21−mj−00386−BK−1 The CM/ECF system has NOT delivered notice electronically to the names listed
below. The clerk's office will only serve notice of court Orders and Judgments by mail as required by
the federal rules.




                                                                                                    18
  Case
     Case
       3:21-mj-386
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                     NEF for Docket
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                                    Entry92 Filed
                                               Filed
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                                                                     of 1
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Case 3:21-mj-00386-BK Document 8 Filed 04/23/21 Page 19 of 27 PageID 39

MIME−Version:1.0
From:ecf_txnd@txnd.uscourts.gov
To:Courtmail@localhost.localdomain
Bcc:
−−Case Participants: Marcus J Busch−DOJ (bcombs@usa.doj.gov, caseview.ecf@usdoj.gov,
dwirtz@usa.doj.gov, lwright3@usa.doj.gov, marcus.busch@usdoj.gov, nleblanc@usa.doj.gov,
usatxn.central.docketing@usdoj.gov), Bret Martin (bretmartinatty@gmail.com), Magistrate
Judge Renee Harris Toliver (ethan_glenn@txnd.uscourts.gov,
judge_toliver_ecfdocs@txnd.uscourts.gov, lina_figari@txnd.uscourts.gov,
mervin_wright@txnd.uscourts.gov)
−−Non Case Participants: Dallas Assist Team (docket_team@txnd.uscourts.gov), Probation
Office (txnp_edocs−pro@txnp.uscourts.gov)
−−No Notice Sent:

Message−Id:13119535@txnd.uscourts.gov
Subject:Activity in Case 3:21−mj−00386−BK USA v. Toussaint Initial Appearance
Content−Type: text/html

If you need to know whether you must send the presiding judge a paper copy of a document that you
have docketed in this case, click here: Judges' Copy Requirements. Click here to see Judge Specific
Requirements. Unless exempted, attorneys who are not admitted to practice in the Northern District of
Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov. If
admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.

                                          U.S. District Court

                                      Northern District of Texas

Notice of Electronic Filing


The following transaction was entered on 4/24/2021 at 10:11 AM CDT and filed on 4/23/2021

Case Name:       USA v. Toussaint
Case Number:     3:21−mj−00386−BK
Filer:
Document Number: 2(No document attached)
Docket Text:
 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Renee Harris
Toliver: Initial Appearance as to Mackenzy Toussaint held on 4/23/2021. Date of Arrest:
4/23/2021. Location interval set to: LR. The judge issued the oral order required by Fed. R.
Crim. P. 5(f)(1). Written order to follow. Attorney Appearances: AUSA − Marcus Busch;
Defense − Bret Martin. (No exhibits) Time in Court − :15. (Court Reporter: Shawnie Archuleta)
(Interpreter NA.) (USPO Wayne Poton.) (mcrd)


3:21−mj−00386−BK−1 Notice has been electronically mailed to:

Marcus J Busch−DOJ marcus.busch@usdoj.gov, BCombs@usa.doj.gov, CaseView.ECF@usdoj.gov,
DWirtz@usa.doj.gov, LWright3@usa.doj.gov, NLeBlanc@usa.doj.gov,
USATXN.Central.Docketing@usdoj.gov

Bret Martin   bretmartinatty@gmail.com



                                                                                                        19
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       3:21-mj-386
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                     NEF for Docket
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                                    Entry92 Filed
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                                                   04/26/21
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                                                             Page 29
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                                                                     of 2
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Case 3:21-mj-00386-BK Document 8 Filed 04/23/21 Page 20 of 27 PageID 40

3:21−mj−00386−BK−1 The CM/ECF system has NOT delivered notice electronically to the names listed
below. The clerk's office will only serve notice of court Orders and Judgments by mail as required by
the federal rules.




                                                                                                    20
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