Factual Basis — United States v. Hunter (Eastern District of Louisiana, Document 36)
Summary
Factual Basis filed January 30, 2024 as Document 36 in United States of America v. Dent Hunter, Case 2:23-cr-00059-DJP-KWR (Criminal No. 23-59), U.S. District Court for the Eastern District of Louisiana. The document states that Hunter has agreed to plead guilty to Count One, False Statements, in violation of Title 18, United States Code, Section 1001, and Count Three, Money Laundering, in violation of Title 18, United States Code, Section 1957. The stipulated facts describe PPP and EIDL applications for Nexlevel Construction and Consulting LLC and Nexlevel NOLA Construction and Consulting LLC, including a second draw PPP loan of $132,352.50 and EIDLs of $149,900. They state that the government would establish the material falsity of six (6) PPP applications and five (5) EIDLs with testimony from the lenders and the SBA.
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“Factual Basis — United States v. Hunter (Eastern District of Louisiana, Document 36).”
Original at ecf.laed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-usa-v-hunter-dkt-36-8d75fb61dc/
, SHA-256 4d58458628de580198db0ddaeb3c655847b8dda43f0e2fe8eca177440324ee16.Full text
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 1 of 15
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA ,<
CRIMINAL NO. 23-59
v SECTION: "P"
g
DENT HUNTER
g
il J
FACTUAL BASIS
The defendant, DENT HUNTER ("HUNTER"), has agreed to plead guilty as charged to
Count One - False Statements, in violation of Title 18, United States Code, Section 1001, and
Count Three - Money Laundering, in violation of Title 18, United States Code, Section 1957, of
the Indictment. This Factual Basis does not attempt to set forth all of the facts known to the United
States at this time. The limited purpose of this Factual Basis is to demonstrate that there exists a
sufficient legal basis for HUNTER's guilty plea. The United States and HUNTER do hereby
stipulate and agree that the allegations in the Indictment and the following facts, which include
relevant conduct beyond what is charged, are true and correct and that, should this matter have
proceeded to trial, the govemment would have proven them beyond a reasonable doubt through
the introduction of competent testimony and admissible tangible and documentary exhibits.
Parties. Lenders. and Federal Programs
At all times material herein, HUNTER was a resident of Orleans Parish, Louisiana, within
the Eastern District of Louisiana.
At all times material herein, Nexlevel Construction and Consulting LLC ("Nexlevel
Construction:), Nexlevel NOLA Construction and Consulting LLC ("Nexlevel NOLA"), and
Page I of15
AUSA /f-
Defendant@
Defense Counsel
7ll//
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 2 of 15
Nexlevel ONE Realty LLC ("Nexlevel ONE"), were Louisiana corporations that HUNTER
formed and was the sole beneficial owner.
At all times relevant herein, the United States Small Business Administration ("SBA") was
an agency within the executive branch of the Government of the United States. Among other
things, SBA assists in the economic recovery of communities after disasters by providing SBA
backed loans. SBA loans are made through banks, credit unions, and other lenders who partner
with SBA.
The CARES Act
The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") was a federal
law enacted in or about March 2020. The CARES Act provided emergency financial assistance to
the millions of Americans suffering the economic effects of the COVID-I9 pandemic. One source
of relief provided by the CARES Act was the authorizationof forgivable loans to small businesses
for job retention and certain other expenses, through a program referred to as the Paycheck
Protection Program ("PPP").
The PPP was overseen by the SBA, which had authority over all PPP loans. Individual PPP
loans, however, were issued by approved private lenders, who received and processed PPP loan
applications and supporting documentation and, following SBA approval, made loans using the
lenders' own funds. To obtain a PPP loan, a qualiffing business had to submit a PPP loan
application signed by an authorized representative of the business, The PPP loan application
required the business, through its authorized representative, to acknowledge the program rules and
to make affirmative certifications to be eligible for the PPP loan. For example, in the PPP loan
application (SBA From 2483), the business, through its authorized representative, had to state its
average monthly payroll expenses and number of employees. In addition, businesses had to
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AUSA M
-m
r
Defendant -t-
Defense Counsel
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 3 of 15
provide documentation showing their payroll expenses, as part of the PPP loan application process.
These figures were used to calculate the amount of money the small business was eligible to
receive under the PPP.
Among the type of businesses eligible for a PPP loan were individuals who operated under
a "sole proprietorship" business structure. In order to be eligible to receive such a PPP loan,
individuals had to report and document their income and expenses from the sole proprietorship, as
typically reported to the Internal Revenue Service ("IRS") on Form 1040, Schedule C, for a given
year. The lending institution or loan processor used this information and documents to calculate
the amount of money the individual was entitled to receive under PPP.
Once a qualifuing business completed a PPP application, a participating lender processed
the application. If a PPP loan was approved, the participating lender funded the PPP loan using its
own monies, which the SBA guaranteed. In the course of processing the PPP loan, the lender
transmitted data from the loan application to the SBA, including information about the borrower,
the total amount of the loan, and the identified number of employees.
Proceeds from a PPP loan were legally required to be used only for certain permissible
business expenses, including payroll costs, mortgage interest, rent, and utilities. If used as per the
PPP loan restrictions, an applicant could apply for a "second draw" PPP loan to be used for the
same purposes described above. Under the applicable PPP rules and guidance, the interest and
principal on the PPP loan was eligible for forgiveness if the business spent the loan proceeds on
permissible items within a designated period of time and used a certain portion of the loan toward
payroll expenses.
Page 3 of 15
AUSAH
Defendarfia€
Defense
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 4 of 15
The Economic Injury Disaster Loan Program
The Economic Injury Disaster Loan ("EIDL") program was an SBA program that provided
low-interest financing to small businesses, renters, and homeowners in regions affected by
declared disasters. The CARES Act provided funding for EIDL loans for business affected by the
COVID-I9 pandemic. In contrast to the PPP, EIDL loan amounts were determined based on the
recipient businesses' historical revenue and disbursed directly to the recipient by the SBA. The
EIDL targeted advances did not have to be repaid.
Nexlevel Construction PPP Loan - Count 1 and Relevant Conduct
On or about 41612020, HUNTER applied for a first draw PPP loan for Nexlevel
Construction with Metairie Bank and Trust ("MB&T") by electronically filling out and filing an
SBA Form 2483 loan application. Included in this PPP loan application was a 2019 employee
payroll summary that listed 13 employees, including HUNTER, for a total 2019 payroll of
$635,292. This information was materially false and misleading. A review of financial records for
Nexlevel Construction from HUNTER's account with Fidelity Bank only revealed employee
payments to four individuals listed on the payroll. A review of financial records for Nexlevel
Construction from Fidelity Bank also revealed that HUNTER exaggerated payroll costs for
several of the listed employees. Contractor labor costs reported to the IRS for tax year 2079
indicated payments of $789,314, which was different from the wages reported to MB&T.
A later interview with one of HUNTER's tax preparers revealed that HUNTER provided
only four of his employees with Forms 1099-MISC of the 13 employees that he listed with MB&T.
HUNTER also indicated to MB&T in the PPP loan application that Nexlevel Construction had a
2019 gross profit of $165,977 and a2019 net income of $137,374. Meanwhile, in HUNTER's
2019 individual income tax return form 1040 filed with the IRS, the included2019 Schedule C
Page 4 of 15
AUSl4v--
Defendant
Defense C
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 5 of 15
reported a gross profit of $1,096,864 and a net loss of $67,969. On the application form (SBA
Form2483) in response to Question 3, which asks "Is the Applicant...an owner of any other
business, or have common management with, any other business? If yes, list all such businesses
and describe the relationship on a separate sheet identified as addenduffi A," HUNTER indicated
"No." As described below, this statement was materially false and misleading.
Further, HUNTER also initialed and certified to the following: "The Applicant was in
operation on February 15,2020, and had employees for whom it paid salaries and payroll taxes or
paid independent contractors, as reported on Form(s) 1099-MISC." Per IRS records, no payroll
taxes were paid over by HUNTER nor were any Forms 1099-MISC filed with the IRS for any
employees of Nexlevel Construction.
On or about April2l ,2020, MB&T, relying upon the false statements in SBA Form 2483,
provided HUNTERAIexLeveI Construction with a first draw PPP loan of $122)00.
On or about 11231202I, Nexlevel Construction submitted a second draw PPP application
to MB&T. On this application, HUNTER made the same materially false statements in SBA Form
2483 and in response to Question 3, which asks "Is the Applicant. ..an owner of any other business,
or have common management with, any other business? If yes, list all such businesses and describe
the relationship on a separate sheet identified as addendum A," HUNTER indicated'No." Further,
HUNTER also initialed and certified to the following: "The Applicant was in operation on
February 15, 2020, and had employees for whom it paid salaries and payroll taxes or paid
independent contractors, as reported on Form(s) 1099-MISC." Per IRS records, no payroll taxes
were paid over by HUNTER nor were any Forms 1099-MISC filed with the IRS for any
employees of Nexlevel Construction from 2016 through2019.
Page 5 of 15
AUSA dz-
Defendant
Defense
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 6 of 15
On or about 112512021, MB&T, relying upon the false statements in SBA Form 2483,
provided second draw PPP loan funds in the amount of 8132,352.50 that were deposited in MB&T
account #80119 for Nexlevel Construction. On or about 712512022, the SBA bought Nexlevel
Construction's second draw PPP loan from MB&T in the amount of $132,352.50, plus interest of
$1,996.31 due to default. Total due on this loan is $134,348.81.
On or about 31412021, Nexlevel Construction's first draw PPP loan with MB&T in the
amount of $I23 ,17 5 .16 ($122, 1 00 plus $ 1 ,075. 1 6 in interest) was forgiven. In order for the loan
to be forgiven the following circumstances must be attested to in the loan forgiveness application
to the SBA:
o Employee and compensation levels are maintained,
o The loan proceeds are spent on payroll costs and other eligible expenses,
and
a At least 60% of the proceeds are spent on payroll costs
HUNTER signed PPP Loan Forgiveness Application Form 35085 on or about 2l2ll202|
and according to a financial analysis, HUNTER did not spend at least 60Yo of the proceeds on
payroll costs or other eligible expenses.
Nexlevel Construction EIDL - Relevant Conduct
On or about 41712020, HUNTER applied for an EIDL for Nexlevel Construction with the
SBA. HUNTER attested that he had not received compensation from other sources as a result of
the disaster (e.g., PPP loans). HUNTER claimed 10 employees and approximately $1.5 million in
gross revenues for the prior 12 months. These statements in the EIDL application were materially
false and misleading. On or about 51412020, an EIDL "advance" of $10,000 was deposited into
Fidelity Bank account #81573 for Nexlevel Construction. On or about 611412020, HUNTER
signed EIDL documents for Nexlevel Construction with the SBA.
Page 6 of15
AUSAlA-,"
Defendant t&'
Defense Co""t"fp<-
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 7 of 15
On or about 611612020, an EIDL in the amount of $149,900 was deposited into Fidelity
Bank account #81573 for Nexlevel Construction. The maximum EIDL amount at this time was
$ 150,000.
Nexlevel NOLA PPP ond EIDL - Relevant Conduct
On or about 612812020, HUNTER applied for an EIDL for Nexlevel NOLA. HUNTER
attested that he had 10 employees and gross revenues of $1.2 million. These statements were
materially false and misleading. HUNTER attested that Nexlevel NOLA had not received
compensation from other sources as a result of the disaster (e.g. PPP loan). On or about 613012020,
an EIDL "advance" of $10,000 for Nexlevel NOLA was deposited into MB&T account #80119.1
On or about 812712020, HUNTER signed EIDL documents for Nexlevel NOLA with the
SBA (SBA Form 1391 specific to SBA Loan #6618718208). HUNTER agreed to use loan
proceeds "solely as working capital."2
On or about 813112020, the EIDL for Nexlevel NOLA in the amount of $149,900 was
deposited into the MB&T checking account #80119. The maximum EIDL amount at this time
was $150,000.3
On or about 711612020, HUNTER applied for a first draw PPP loan for Nexlevel NOLA
with Kabbage, Inc. (Kabbage) based out of Atlanta, GA using SBA Form 2483.4Included in the
I Note that this business account was in the name of Nexlevel Construction not Nexlevel NOLA.
2
On the SBA website (www.sba.gov/funding-programs/disaster-assistance) the COVID-19 EIDL working capitalwas
further defined as "Normal operating expenses such as the continuation of health care benefits, rent, utilities, and fixed
debt payments to include payroll." Also on the SBA website (https://www.sba.gov/funding-programs/loans/covid- l9-
relief-options/eidl/covid- l9-eidl) the "Uses of Proceeds" section stated, "Working capital to make regular payments
for operating expenses, including payroll, rent/mortgage, utilities, and other ordinary business expenses, and to pay
business debt incurred at any time (past, present, or firture)."
3
Note that this business account was in the name of NexLevel Construction not Nexlevel NOLA.
a
Kabbage is an online financial technology ("fin-tech")company that provided funding directly to small businesses
and consumers through an automated lending platform. Such companies were authorized to facilitate PPP loans to
small businesses in addition to traditional financial institutions.
Page 7 of 15
AUSA/L-'
Defendant *-
Delense Corn..lE-
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 8 of 15
application to Kabbage was a 2019 Joint Federal Income Tax Return for HUNTER and Kellie
Hunter (his wife) allegedly done via FreeTaxUSA5 with Tamika Chappell listed as the tax preparer.
HUNTER's application now listed 8 employees.
The 2019 1040 tax return sent to Kabbage indicated that Nexlevel NOLA had $625,000
in gross income for 2019, $384,525 in wages and a tentative profit of $43,132. This document is
false in that the IRS had no 2019 filing for Nexlevel NOLA and no reported W-2 wages
attributable to Nexlevel NOLA. On the application form (SBA Form 2483) in response to
Question 3, which asks "Is the Applicant...an owner of any other business, or have common
management with, any other business? If yes, list all such businesses and describe the relationship
on a separate sheet identified as addenduffi A," HUNTER indicated'No." Further, HUNTER
also initialed and certified to the following: "The Applicant was in operation on February 15,2020
and had employees for whom it paid salaries and payroll taxes or paid independent contractors, as
reported on Form(s) 1099-MISC." Per IRS records, no payroll taxes were paid over by HUNTER
nor were any Forms 1099-MISC filed with the IRS for any employees of Nexlevel NOLA.
On or about 712012020, Kabbage, relying upon the false statements in SBA Form 2483,
provided $80,109 in funds for the first draw PPP loan for Nexlevel NOLA that were deposited
into Fidelity Bank account #815n.6
On or about 3lll202l, HUNTER submitted a second draw PPP application for Nexlevel
NOLA to Legacy Bank based out of Hinton, OK using SBA Form 2483. The same falsified 2019
tax return originally submitted to Kabbage for the "first draw" PPP loan was reused here with
Legacy Bank for the second draw PPP loan application. HUNTER now falsely stated that
5
FreeTaxUSA is an online platform for electronically filing tax returns.
6
Note that this business account was in the name of Nexlevel Construction, rzol NexLevel NOLA.
Page 8 of 15
AUSA4-
Defendant€
Defense CounselE
/
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 9 of 15
Nexlevel NOLA had 8 employees and the income statement provided exaggerated amounts for
the previous 4 quarters.
HUNTER also sent Legacy Bank the state of Louisiana contractor license for Nexlevel
NOLA dated 411612019 but failed to disclose that this license was suspended a year earlier in
February 2020. Furthermore, IRS had no 2019 filing for Nexlevel NOLA and no reported W-2
wages attributable to Nexlevel NOLA.
On the application form (SBA Form 2483) in response to Question 3, which asks "ls the
Applicant...an owner of any other business, or have common management with, any other
business? If yes, list all such businesses and describe the relationship on a separate sheet identified
as addenduffi A," HUNTER indicated "No." Further, HUNTER also initialed and certified to the
following: "The Applicant was in operation on February 15, 2020 and had employees for whom it
paid salaries and payroll taxes or paid independent contractors, as reported on Form(s) 1099-
MISC." Per IRS records, no payroll taxes were paid over by HUNTER nor were any Forms 1099-
MISC filed with the IRS for any employees of Nexlevel NOLA.
On or about 31212021,Legacy Bank, relying upon the false statements in SBA Form 2483,
provided second draw PPP loan funds in the amount of $80,107 for Nexlevel NOLA that were
deposited into Fidelity Bank account#85173.7
Nexlevel ONE EIDL - Relevant Conduct
The SBA initially declined HUNTER's EIDL Application forNexlevel ONE on or about
71812020, stating that the business activity was not eligible. HUNTER re-worked the application
and resubmitted it on or about 712212020. The EIDL was approved, and HUNTER signed loan
7
Note that this business account was in the name of Nexlevel Construction and rol Nexlevel NOLA
Page 9 of 15
AUSAO/-.-
Defendant-#
Defense Counsel'7-
I
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 10 of 15
documents (SBA Form 1391) specific to SBA Loan #1054908i06 on behalf of Nexlevel ONE
wherein he agreed to use loan proceeds "solely as working capital." He claimed that he had 5
employees and $385,987 in gross revenues prior to 1131120. These statements were materially false
and misleading.
On or about 712412020, the EIDL for Nexlevel ONE in the amount of $149,900 was
deposited into MB&T account #30116. The maximum EIDL amount at this time was $150,000.
Nexlevel ONE PPP Loan - Relevant Conduct
On or about 312212021, HUNTER submitted a PPP loan application to Hope Enterprise
Corporation,s based out of Jackson, MS, for Nexlevel ONE using SBA Form 2483. In this
application, HUNTER reported 5 employees, an average month payroll of $39,601 .75, and second
quarterwagesintheamountof $118,805 ona947 fortaxyear2019. Thesestatementswere
materially false and misleading.
Records show that the IRS does not have any tax retum on file for Nexlevel ONE for tax
year 2019 nor does the state of Louisiana does not have any wages reported for Nexlevel ONE
for tax year 2019. On the application form (SBA Form 2483) in response to Question 3, which
asks "Is the Applicant...an owner of any other business, or have common management with, any
other business? Ifyes, list all such businesses and describe the relationship on a separate sheet
identified as addendum A," HUNTER indicated'No." Further, HUNTER also initialed and
certified to the following: "The Applicant was in operation on February 75, 2020 and had
employees for whom it paid salaries and payroll taxes or paid independent contractors, as reported
8 Hope Enterprise Corporation is a private, nonprofit community development financial institution
Page 10 ofL5
AUSAOU'
Defendant.F
r-
Delense Counsel'E<--
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 11 of 15
on Form(s) 1099-MISC." Per IRS records, no payroll taxes were paid over by HUNTER nor were
any Forms 1099-MISC filed with the IRS for any employees of Nexlevel ONE.
On or about 312412021, Hope Enterprises Corporation, relying upon the false statements in
SBA Form 2483, provided PPP funds in the amount of $99,002 for Nexlevel ONE that were
deposited into MB&T account #30116. A review of the bank records shows that the funds were
used to purchase 3 personal vehicles, to pay rent/child support for A.S., to purchase concrete for
HUNTER's residence, and to loan money to family and friends.
HUNTER Sole Proprietor PPP Loan - Relevant Conduct
On or about 411512021, HUNTER applied to Prestamos Community Development
Financial Institution (Prestamos CDFD,e based out of Phoenix, AZ, for a sole proprietor PPP loan
using. Included with the Prestamos CDFI application was a materially falsified MB&T bank
statement for account #603580119 in HUNTER's name. The statement listed a balance of
$222,353.45 as of 212812020. In truth, the above-described statement was altered from the
Nexl.evel Construction statement from MB&T #80119 for February of 2021. As noted above,
HUNTER did not have a personal checking "sole proprietor" account with MB&T until the day
before the PPP application was sent to Prestamos CDFI. On the application form (SBA Form
2483) in response to Question 3, which asks "Is the Applicant...an owner of any other business,
or have common management with, any other business? If yes, list all such businesses and describe
the relationship on a separate sheet identified as addendum A," HUNTER indicated'No."
e Prestamos CDFI is a community development financial institution.
Page 11 of15
AUSAM
Defense Counsel
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 12 of 15
On or about 511312021, Prestamos CDFI, relying upon the false statements in SBA Form
2483, provided the maximum sole proprietor PPP loan amount of $20,832, which was deposited
into HUNTER's personal MB&T account #8011 1.
Summary of HUNTER's PPP and EIDL Funds Received:
Date Type Business Loan Amount
l. 412U20 PPP Nexlevel Construction & $t22,100.00
Consultants, LLC
_ COUNT 1
2. sl4l20 EIDL Nexlevel Construction & $10,000.00
Consultants, LLC
3. 6116120 EIDL Nexlevel Construction & $149,000.00
Consultants, LLC
4. 6130120 EIDL (targeted Nexlevel NOLA Construction $10,000.00
advance) & Consultants, LLC
s. 720120 PPP Nexlevel NOLA Construction $80,109.00
& Consultants, LLC
6. 7124120 EIDL Nexlevel ONE Realty, LLC $149,900.00
7. 813u20 EIDL Nexlevel NOLA Construction $149,900.00
& Consultants, LLC
8. U25l2t PPP Nexlevel Construction & $132,353.00
Consultants, LLC
9. 3l2l2r PPP Nexlevel NOLA Construction $80,107.00
& Consultants, LLC
10. 3l24l2r PPP Nexlevel ONE Realty, LLC $99,002.00
r 1. slt3l2l PPP Hunter Sole Proprietorship $20,832.00
TOTAL: $L,004,203.00
Text messages obtained from HUNTER's cellphone show that he conspired with tax
preparer Tamika Chappell to create false tax documents for not only HUNTER but for several of
HUNTER's acquaintances, including Clifton C. James. HUNTER paid Chappell either by cash
or with CashApp over $4,000.00 for her help in creating false tax documents for himself and his
associates. Bank records show that Clifton C. James made at least six (6) payments to HUNTER
Page 12 of 15
AUsn ot"
Defense C
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 13 of 15
of approximately $45,500.00 after Clifton C. James received approximately $504,000.00 in PPP
loans and EIDLs
Money Launderiner195T Snendins) - Count 3
On or about 91512020, check #1017 in the amount of $16,272.92 was written out of the
Nexlevel ONE MB&T account #30116 owned and controlled by HUNTER to Toyota of New
Orleans from the above described criminally derived funds.lo This transaction, which affected
interstate commerce, was a complete payment for the purchase of a used 2020 Hytndai Elantra
automobile registered to HUNTER's wife, Kellie Hunter. This vehicle was seized pursuant to a
seizure warrant issued out of the Eastern District of Louisiana on or about 211612022.
Relevant Conduct - Money Laundering
On or about 511412021, MB&T check #1030 in the amount of $23,000 was written out of
the Nexlevel ONE account #30116 owned and controlled by HUNTER to Kia Atlanta South from
the above described criminally derived funds.llThis transaction, which affected interstate
commerce, was for the purchase of a new 2021 Kia Forte automobile registered to HUNTER's
daughter. This vehicle was seized pursuant to a seizure warrant issued out of the Eastem District
of Louisiana on or about 211612022.
On or about 811312020, check #1016 in the amount of $12,000 was written out of the
Nexlevel ONE MB&T business checking account #30116 owned and controlled by HUNTER to
12
CarMax located in Baton Rouge, LA, from the above described criminally derived funds. This
check, which affected interstate commerce, was used as a down payment on a2017 Infiniti QX60
SUV automobile. The registrant of the vehicle was an alleged employee ofNexlevel Construction.
r0
Toyota of New Orleans is a car dealership in New Orleans, Louisiana.
rr Kia Atlanta South is a car dealership in Atlanta, Georgia.
12
CarMax is a national used car company with several locations in Louisiana.
Page 13 of15
AUSrau"'
Defense Counsel
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 14 of 15
Further, on or about 412312021, MB&T check #6098927 in the amount of $20,000 was
written out of the Nexlevel ONE MB&T account #30116 owned and controlled by HUNTER to
Crescent City Title from the above described criminally derived funds.13 Records from Crescent
Title show that this check, which affected interstate commerce, was used in connection with the
purchase of a residence located at 13234 High Meadow Drive, Gonzales, LA, by HUNTER
associate Clifton C. James.
Limited Nature of Factual Basis and Conclusion
This proffer of evidence is not intended to constitute a complete statement of all facts
known by HUNTER, and/or the Govemment. Rather, it is a minimum statement of facts intended
to prove the necessary factual predicate for his guilty plea. The limited purpose of this proffer is
to demonstrate that there exists a sufficient legal basis for the plea of guilty to the charged offenses
against HUNTER.
13
Crescent City Title is a Louisiana real estate closing company.
Page 14 of 15
AUSAav"
Defendan@"
Defense CounselT<
/
I
Case 2:23-cr-00059-DJP-KWR Document 36 Filed 01/30/24 Page 15 of 15
The Government would further establish the material falsity of HUNTER's six (6) PPP
applications and five (5) EIDLs with testimony from the lenders and the SBA that HUNTER
would not have received the COVID-l9 assistance were it not for said false statements and
attached documents. The above facts come from an investigation conducted by and would be
proven at trial by credible testimony from witnesses and Special Agents from the Office of
Veterans Affairs - Office of Inspector General and the Internal Revenue Service - Criminal
Investigations, representatives from the banks described above, SBA representatives, and business
records and documents and tangible exhibits in the custody of the federal agencies described
above.
APPROVED AND AGREED TO:
t lS> /*u-l
ED DaG {
United States Attorney
\ tv\/LY
CAPITELLI
for Defendant
t ltY [.v I
D"tF t
HUNTER
Defendant
Page 15 ofL5
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