First Superseding Indictment — United States v. Ricky Dixon and Others (Northern District of Georgia)
Summary
First superseding indictment, Document 135 in United States v. Ricky Dixon and others, Case 1:20-cr-00296-JPB-AJB, in the Northern District of Georgia, filed July 13, 2021. The caption names Ricky Dixon, Meghan Thomas, Jesika Blakely, Amanda Christian and other defendants. A table lists the defendants, businesses, signing dates, reported average monthly payroll and number of employees for each PPP loan application, beginning with Bellator Phront Group Inc., April 21, 2020, $319,982.14 and 66 employees. The indictment alleges that the defendants submitted falsified IRS Form 941s for each quarter of 2019. Its forfeiture section lists currency, vehicles and jewelry.
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“First Superseding Indictment — United States v. Ricky Dixon and Others (Northern District of Georgia).”
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Case 1:20-cr-00296-JPB-AJB Document 135 Filed 07/13/21 Page 1 of 82
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1~ I~IMAL FILED IN CHAMBERS
U.S.D.C. Atlanta
JUL 132021
IN THE UNITED STATES DISTRICT COURT Kevin P.4ierpç Clerk
By ~
FOR THE NORTHERN DISTRICT OF GEORGIA DePp~,~
ATLANTA DIVISION
UNITED STATES OF AMERICA
v. Criminal Indictment
RICKY DIxoN, No. 1:20-CR-296
MEGHAN THOMAS,
JESIKA BLAKELY,
AMANDA CHRISTIAN, First Superseding
DwAN A5HONG A/K/A DwAN GILPIN, Indictment
JOHN GAINES A/K/A MARTY GAINES,
CHARLES PETTY A/K/A CHARLES KNIGHT, UNDER SEAL
JERRY BAPTISTE,
CARLA JACKSON,
DEREK PARKER,
DAVID BELGRAVE II,
CHARLES HILL IV,
RYAN WHITTLEY,
EL HADJ SALL, AND
RICK MCDuFFIE
THE GRAND JURY CHARGES THAT:
Background
At all times relevant to this First Superseding Indictment:
The Defendants and Their Co-Conspirators
1. RICKY DIxON (“DIxoN”) was an individual residing in the State of
Michigan who claimed ownership of RK Painting Co., a Michigan corporation.
2. MEGHAN THOMAS was an individual residing in the State of Georgia
who was associated with Bellator Phront Group Inc. and Elite Executive Services
Inc., which were Georgia corporations.
Case 1:20-cr-00296-JPB-AJB Document 135 Filed 07/13/21 Page 2 of 82
3. JESIKA BLAKELY (“BLAKELY”) was an individual residing in the State
of Georgia.
4. AMANDA CI-IRISTIAN (“CHRIsTIAN”) was an individual residing in the
State of South Carolina who claimed ownership of Advertising and Then Some
Inc., a South Carolina corporation.
5. DwAN ASHONG A/K/A DwAN GILPIN (“ASHoNG”) was an individual
residing in the State of Florida who claimed ownership of Richiand Property
Investors Group LLC, a Florida corporation, and DA Gilpen Enterprises LLC, a
Florida corporation.
6. JOHN GAINES A/K/A MARTY GAINES (“JOHN GAINES”) was an
individual residing in the State of Georgia.
7. CHARLES PETfY A/K/A CHARLES KNIGHT (“PErrY”) was an
individual residing in the State of Georgia.
8. JERRY BAPTIsm (“BAPTIsm”) was an individual residing in the State
of California.
9. CARLA JACKSON (“JAcKsoN”) was an individual residing in the State
of Georgia who claimed ownership of Management Resource Services Inc., a
Georgia corporation.
10. DEREK PARKER (“PARKER”) was an individual residing in the State of
Michigan who claimed ownership of D Parker Holdings Inc., a Michigan
corporation.
11. DAvID BELGRAvE II (“BELGRAvE”) was an individual residing in the
State of South Carolina who claimed ownership of Continuing Success Inc., a
South Carolina corporation.
2
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12. CHARLEs HILL IV (“HILL”) was an individual residing in the State of
Georgia who claimed ownership of Infinite Education Services Inc., a Georgia
corporation.
13. RYAN WHITTLEY (“WHITFLEY”) was an individual residing in the
State of Illinois who claimed ownership of ML Exotic Customs Inc., an Illinois
corporation.
14. EL HADJ SALL (“SALL”) was an individual residing in the State of
Florida who claimed ownership of Bellevie Corp., a Florida corporation.
15. RIcK McDuFFTE (“McDuFF1~E”) was an individual residing in the
State of South Carolina who claimed ownership of Mickies Auto and Tires LLC,
a South Carolina corporation.
16. Darrell Thomas was an individual residing in the State of Georgia
who claimed ownership, and was the Chief Financial Officer, of Bellator Phront
Group Inc. As of May 21, 2020, Darrell Thomas claimed to be the Chief
Executive Officer, Secretary, and registered agent of Elite Executive Services Inc.
17. Teldrin Foster was an individual residing in the State of Georgia.
18. Denesseria Slaton was an individual residing in the State of Georgia.
19. Bern Benoit was an individual residing in the State of California who
claimed ownership of Transportation Management Services Inc., a Minnesota
corporation.
20. Kahlil Gibran Green, Sr. was an individual residing in the State of
Ohio who claimed ownership of Impact Creations LLC, an Ohio corporation.
3
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21. Charmaine Redding was an individual residing in the State of
Michigan who claimed ownership of All Star Room and Board Services of
Michigan Inc., a Michigan corporation.
The Small Business Administration
22. The United States Small Business Administration (“SBA”) was an
executive branch agency of the United States government that provided support
to entrepreneurs and small businesses. The mission of the SBA was to maintain
and strengthen the nation’s economy by enabling the establishment and viability
of small businesses and by assisting in the economic recovery of communities
after disasters.
23. As part of this effort, the SBA enabled and provided for loans
through banks, credit unions, and other lenders. These loans had government-
backed guarantees.
The Paycheck Protection Program
24. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act
was a federal law enacted in or about March 2020 that was designed to provide
emergency financial assistance to the millions of Americans who are suffering
the economic effects caused by the COVID-19 pandemic.
25. One source of relief that the CARES Act provided was the
authorization of up to $349 billion in forgivable loans to small businesses for
payroll, mortgage interest, rent/lease, and utilities, through a program referred
to as the Paycheck Protection Program (“PPP”). Congress has since authorized
additional PPP funding.
4
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26. The PPP allowed qualifying small businesses and other
organizations to receive PPP loans. Businesses must use PPP loan proceeds for
payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the
interest and principal on the PPP loan to be entirely forgiven if the business spent
the loan proceeds on these expense items within a designated period of time and
used a certain percentage of the PPP loan proceeds for payroll expenses.
27. The amount of a PPP loan that a small business may have been
entitled to receive was determined by the number of employees employed by the
business and the business’s average monthly payroll costs.
28. In order to obtain a PPP loan, a qualifying business was required to
submit a PPP loan application, which was 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
make certain affirmative certifications in order to be eligible to obtain the PPP
loan. In the PPP loan application, the small business (through its authorized
representative) had to state, among other things, its (a) average monthly payroll
expenses and (b) number of employees. These figures were used to calculate the
amount of money the small business was eligible to receive under the PPP. In
addition, businesses applying for a PPP loan had to provide documentation
showing their payroll expenses.
29. The SBA oversaw the PPP. However, individual PPP loans were
issued by private, approved lenders who received and processed PPP
applications and supporting documentation, and then made loans using the
lenders’ own funds, which were 100% guaranteed by the SBA. Data from the
5
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application, including information about the borrower, the total amount of the
loan, and the listed number of employees, was transmitted by the lender to the
SBA in the course of processing the loan.
Relevant Financial Institutions and Affiliates
30. Financial Institution 1 was a Federal Deposit Insurance Corporation
(“FDIC”) insured financial institution headquartered in Fort Lee, New Jersey.
Financial Institution 1 participated in the SBA’s PPP as a lender, and, as such,
was authorized to lend funds to eligible borrowers under the terms of the PPP.
31. Financial Institution 2 was an FDIC-insured financial institution
headquartered in Salt Lake City, Utah. Financial Institution 2 participated in the
SBA’s PPP as a lender, and, as such, was authorized to lend funds to eligible
borrowers under the terms of the PPP.
32. Financial Institution 3 was an FDIC-insured financial institution
headquartered in Phoenixville, Pennsylvania. Financial Institution 3 participated
in the SBA’s PPP as a lender, and, as such, was authorized to lend funds to
eligible borrowers under the terms of the PPP.
33. Financial Institution 4 was a non-bank financial institution
headquartered in Laguna Hills, California. Financial Institution 4 participated in
the SBA’s PPP as a lender, and, as such, was authorized to lend funds to eligible
borrowers under the terms of the PPP.
34. Financial Institution 5 was a non-bank financial institution
headquartered in San Diego, California. Financial Institution 5 participated in
the SBA’s PPP as a lender, and, as such, was authorized to lend funds to eligible
borrowers under the terms of the PPP.
6
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35. Company 1 was a publicly traded company that specialized in
small-business lending. Company 1 was based in Redwood City, California.
Company 1 participated in the SBA’s PPP by, among other things, acting as a
service provider between small businesses and certain banks, including Financial
Institution 1 and Financial Institution 2. Small businesses seeking PPP loans
could apply through Company 1 for PPP loans. Company 1 would review the
loan applications. If a loan application received by Company 1 was approved for
funding, a partner bank, such as Financial Institution 1 or Financial Institution 2,
disbursed the loan funds to the applicant.
36. Bank 1 was an FDIC-insuied financial institution based in New
York, New York with branches throughout the United States.
37. Bank 2 was an FDIC-insured financial institution based in
Cincinnati, Ohio with branches throughout the United States.
38. Bank 3 was an FDIC-insured financial institution based in
Pittsburgh, Pennsylvania with branches throughout the United States.
39. Bank 4 was an FDIC-insured financial institution based in Charlotte,
North Carolina with branches throughout the United States.
40. Bank 5 was an FDIC-insured financial institution based in San
Francisco, California with branches throughout the United States.
41. Bank 6 was an FDIC-insured financial institution based in
Birmingham, Alabama with branches throughout the United States.
42. Bank 7 was an FDIC-insuied financial institution based in Dallas,
Texas with branches throughout the United States.
7
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43. Bank 8 was an FDIC-insured financial institution based in Sioux
Falls, South Dakota with branches throughout the United States.
44. Bank 9 was an FDIC-insured financial institution based in Gulfport,
Mississippi with branches throughout the United States.
45. Bank 10 was an FDIC-insured financial institution based in McLean,
Virginia with branches throughout the United States.
46. Bank 11 was an FDIC-insured financial institution based in
Charlotte, North Carolina with branches throughout the United States.
47. Bank 12 was a credit union based in Auburn Hills, Michigan with
branches throughout the United States.
48. Bank 13 was an FDIC-insured financial institution based in Deland,
Florida with branches throughout Florida.
49. Bank 14 was an FDIC-insured financial institution based in Tupelo,
Mississippi with branches throughout the United States.
50. Bank 15 was an FDIC-insured financial institution based in Chicago,
Illinois with branches throughout the United States.
51. Bank 16 was an FDIC-insured financial institution based in Ann
Arbor, Michigan with branches throughout Michigan.
52. Bank 17 was an FDIC-insured financial institution based in Cherry
Hill, New Jersey with branches throughout the United States.
The Fraudulent PPP Loan Applications and Supporting Documentation
53. On or about the dates listed below, the defendants identified below
submitted, or assisted in the submission of, a PPF loan application for the
businesses identified below with the reported average monthly payroll and
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number of employees listed below, to a lender approved by the SBA to issue PPP
loans:
Defendants Business Date Signed Avg. Employees Lender
(on or about) Monthly Fin. Inst.
Payroll (“Fl”)
MEGHAN THOMAS Bellator Phront April 21, 2020 $319,982.14 66 Fl 4
Group Inc.
BLAKELY Impact Creations May 17, 2020 $332,000 67 Fl 1
LLC
BLAKELY, Gaines May 18, 2020 $322,684 69 Fl 1
JOHN GAINES Reservation and
Travel
CHRISTIAN, Transportation May 20, 2020 $332,167 66 Fl 1
PETTY, Management
BAPTIsm Services Inc.
DIxON Lee Operations May 20, 2020 $322,325.20 63 Fl 2
LLC
DIXON, RK Painting Co. May 15, 2020 $320,000 66 Fl 3
~ BLAK~ix
DIXON, D Parker June 12, 2020 $327,241 65 Fl 4
PARKER Holdings Inc.
MEGHAN THOMAS, Continuing June 12, 2020 $299,250 63 Fl 3
CHRISTIAN, Success Inc.
BELGRAvE
DIXoN All Star Room & June 11, 2020 $295,186.25 59 Fl 4
Board Services of
Michigan Inc.
MEGHAN THOMAS, Infinite Education July 11, 2020 $341,992 66 Fl 5
BLAKELY, Services Inc.
CHRISTIAN,
HILL
DIXON, ML Exotic June 19, 2020 $318,909.83 65 Fl 5
WHITrLEY Customs Inc.
ASHONG, Bellevie Corp. June 26, 2020 $329,434 60 Fl 5
SALL
CHRISTIAN Advertising and June 26, 2020 $304,038 65 Fl 5
Then Some Inc.
CHRISTIAN, Mickies Auto and August 10, 2020 $314,864 67 Fl 5
MCDuFFIE Tires LLC
54. Each PPP Borrower Application Form was electronically signed on
or about the dates listed above.
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55. In addition, the loan applications contained the respective initials of
each purported business owner to certify each of the following representations:
a. The Applicant business 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;
b. The funds will be used to retain workers and maintain payroll
or make mortgage interest payments, lease payments, and
utility payments; and
c. The information provided in the application and in all
supporting documents and forms is true and accurate in all
material respects.
56. The defendants identified above each submitted, or assisted in the
submission of, falsified IRS Form 941s for each quarter of 2019 included with the
PPP loan applications listed below. The Form 941s submitted on behalf of the
businesses reported the following payroll figures for each quarter of 2019:
Business Qi 2019 Q2 2019 Q3 2019 Q4 2019
Jan Mar
- Apr Jun
- Jul Sep
- Oct Dec
-
Bellator Phront 57 employees 59 employees 61 employees 63 employees
Group Inc. $815,954.00 $865,954.00 $895,923.00 $905,132.00
Impact Creations 57 employees 59 employees 63 employees 63 employees
LLC $815,954.00 $865,954.00 $905,132.00 $905,132.00
Gaines Reservation 57 employees 59 employees 63 employees 63 employees
and Travel $815,954.00 $865,954.00 $905,132.00 $905,132.00
Transportation 57 employees 59 employees 63 employees 63 employees
Management $815,954.00 $865,954.00 $905,132.00 $905,132.00
Services Inc.
Lee Operations LLC 57 employees 59 employees 63 employees 63 employees
$815,954.00 $865,954.00 $905,132.00 $905,132.00
10
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RK Painting Co. 57 employees 59 employees 63 employees 63 employees
. $815,954 $865,954 $905,132 $905,132
D Parker Holdings 53 employees 55 employees 58 employees 62 employees
Inc. $927,116 $947,814 $963,247 $998,896
Continuing Success 57 employees 59 employees 63 employees 63 employees
Inc. $815,954 $865,954 $905,132 $905,132
All Star Room & 50 employees 53 employees 59 employees 59 employees
Board Services of $855,927 $864,247 $897,814 $924,247
Michigan Inc.
Infinite Education 66 employees 63 employees 65 employees 66 employees
Services Inc. $1,167,755.86 $973,277 $998,785 $1,167,755.86
ML Exotic Customs 55 employees 57 employees 61 employees 65 employees
Inc. $936,387 $947,909 $963,257 $979,365
Bellevie Corp. 55 employees 57 employees 59 employees 60 employees
$971,407.67 $981,437.67 $993,300.67 $1,007,057.40
Advertising and 54 employees 57 employees 63 employees 65 employees
Then Some Inc. $877,116 $905,852 $925,741 $940,291
Mickies Auto and 59 employees 63 employees 65 employees 67 employees
Tires LLC $969,715.17 $985,954 $1,009,618 $1,034,306
57. The PPP loan applications for Gaines Reservation and Travel,
Impact Creations LLC, Transportation Management Services Inc., and Lee
Operations LLC also included falsified bank statements. Specifically:
a. The applications for Gaines Reservation and Travel,
Impact Creations LLC, and Transportation Management
Services Inc. included substantially identical falsified bank
statements purporting to show the businesses’ purported
balances at Bank 1 for February 2020. In fact, the Bank 1
accoimts for Impact Creations LLC and Transportation
Management Services, Inc. were not opened until April 2020,
and the Bank 1 account statement for Gaines Reservation and
Travel for February 2020 was materially different from the
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falsified statement that Gaines Reservation and Travel
submifted.
b. The application for Lee Operations included a falsified bank
statement that purported to show Lee Operations LLC’s
balance at Bank 2 for February 2020. In fact, the Bank 2
account statement for Lee Operations LLC for February 2020
was materially different from the falsified statement that Lee
Operations submifted.
58. The PPP applications for RK Painting Co., D Parker Holdings Inc.,
Continuing Success Inc., All Star Room and Board Services of Michigan Inc.,
Infinite Education Services Inc., ML Exotic Customs Inc., Bellevie Corp.,
Advertising and Then Some Inc., and Mickies Auto and Tires LLC included
falsified payroll documentation, including purported payroll spreadsheets.
PPP Loan Funding and Transfers ofMoney
59. Based on the fraudulent and false representations and submissions
made by the defendants identified above, the PPP lenders that received the
applications funded the PPP loans as follows:
a. On or about May 19, 2020, approximately $799,955.35 in PPP
loan funds was distributed by Financial Institution 4 to
Bellator Phront Group Inc.
b. On or about May 19, 2020, approximately $830,000 in PPP loan
funds was distributed by Financial Institution 1, thi~ough
Company 1, to Impact Creations LLC.
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c. On or about May 18, 2020, approximately $806,710 in PPP loan
funds was distributed by Financial Institution 1, through
Company 1, to Gaines Reservation and Travel.
d. On or about May 21, 2020, approximately $830,417 in PPP loan
funds was distributed by Financial Institution 1, through
Company 1, to Transportation Management Services Inc.
e. On or about May 21, 2020, approximately $805,813 in PPP loan
funds was distributed by Financial Institution 2, through
Company 1, to Lee Operations LLC.
f. On or about June 8, 2020, approximately $775,000 in PPP loan
funds was distributed by Financial Institution 3 to RK
Painting Co.
g. On or about June 17, 2020, approximately $818,102 in PPP loan
funds was distributed by Financial Institution 4 to D Parker
Holdings Inc.
h. On or about June 30, 2020, approximately $727,000 in PPP loan
funds was distributed by Financial Institution 3 to Continuing
Success Inc.
i. On or about June 30, 2020, approximately $737,965 in PPP loan
funds was distributed by Financial Institution 4 to All Star
Room and Board Services of Michigan Inc.
j. On or about July 11, 2020, approximately $854,805 in PPP loan
funds was distributed by Financial Institution 5 to Infinite
Education Services Inc.
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k. On or about July 17, 2020, approximately $797,275 in PPP loan
funds was distributed by Financial Institution 5 to ML Exotic
Customs Inc.
1. On or about August 7, 2020, approximately $823,585 in PPP
loan funds was distributed by Financial InstitutionS to
Bellevie Corp.
m. On or about July 23, 2020, approximately $760,207 in PPP loan
funds was distributed by Financial InstitutionS to Advertising
and Then Some Inc.
n. On or about August 12, 2020, approximately $787,160 in PPP
loan funds was distributed by Financial Institution 5 to
Mickies Auto and Tires LLC.
60. After the PPP loan proceeds were deposited in the businesses’
accounts, the defendants transferred, received, or directed the transfer or receipt
of some of the PPP proceeds to other individuals and entities known and
unknown to the Grand Jury, in an effort to conceal and disguise the ownership
and control of the fraudulent loan proceeds, except for the loan proceeds for
Advertising and Then Some Inc. and Mickies Auto and Tires LLC, which were
frozen shortly after disbursement.
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Count One
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
-
(Defendant MEGHAN THOMAS)
61. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
62. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendant,
MEGHAN THOMAS,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with Darrell Thomas and Teidrin Foster and with others
known and unknown to the Grand Jury, to devise and intend to devise a scheme
and artifice to defraud, and to obtain money and property, by means of
materially false and fraudulent pretenses, representations, and promises, and by
the omission of material facts, well knowing and having reason to know that said
pretenses were and would be false and fraudulent when made and caused to be
made and that said omissions were and would be material, and, in so doing,
caused interstate and foreign wire communications to be made, in furtherance of
the scheme and artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
63. MEGHAN THOMAS, together with Darrell Thomas and Teldrin Foster
and with others known and unknown to the Grand Jury, conspired to submit
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false materials, such as a false PPP loan application and false IRS Form 941s to a
financial institution to obtain PPP loan funding.
64. Throughout the conspiracy, MEGHAN THOMAS utilized interstate
wires to submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including fabricated IRS Form 941s listing falsified
payroll information and false loan application documentation that listed false
payroll information, false employment information, and a false purpose for the
loan funding.
65. As a result of and based on MEGHAN THOMAS’s false representations
and certifications and falsified supporting documents, a financial institution
issued an approximately $799,955.35 PPP loan to Bellator Phront Group Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Two
Wire Fraud-18 U.S.C. §1343and~2
(Defendant MEGHAN THOMAS)
66. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 63 through 65 of this First
Superseding Indictment as if fully set forth herein.
67. On or about April 21, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
MEGHAN THOMAS,
aided and abetted by Darrell Thomas and Teldrin Foster and by others known
and unknown to the Grand Jury, for the purpose of executing and attempting to
execute the aforementioned scheme and artifice to defraud, and to obtain money
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and property by means of materially false and fraudulent pretenses,
representations, and promises, and by omission of material facts, did, with intent
to defraud, cause to be transmitted by means of a wire communication in
interstate and foreign commerce certain writings, signs, signals, and sounds,
namely, a PPP Borrower Application Form containing false information related
to Bellator Phront Group Inc.’s payroll expenses and the purpose of the applied-
for PPP loan and attaching falsified tax documentation for each quarter of 2019.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Three
Conspiracy to Commit Bank Fraud and Wire Fraud -18 U.S.C. § 1349
(Defendant BLAKELY)
68. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
69. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendant,
JESIKA BLAKELY,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with Kahlil Gibran Green, Sr., Darrell Thomas, and Teldrin
Foster, and with others known and unknown to the Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, and to obtain moneys,
funds, credits, assets, securities, and other property owned by and
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under the custody and control of the aforementioned financial
institution by means of materially false and fraudulent pretenses,
representations, and promises and by the omission of material facts,
in violation of Title 18, United States Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, inso doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
70. BLAKELY, together with Kahlil Gibran Green, Sr., Darrell Thomas,
and Teidrin Foster, and with others known and unknown to the Grand Jury,
conspired to submit false materials, such as a false PPP loan application, false IRS
Form 941s, and a false bank account statement, to a financial institution to obtain
PPP loan funding.
71. Throughout the conspiracy, BLAKELY utilized interstate wires to
submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including a fabricated bank statement listing inflated
account balances and non-existent transactions, fabricated IRS Form 941s listing
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falsified payroll information, and false loan application documentation that listed
false payroll information, false employment information, and false purposes for
the loan funding.
72. As a result of and based on BLAKELY’s false representations and
certifications and falsified supporting documents, a federally insured lender
issued an $830,000 PPP loan to Impact Creations LLC.
All in violation of Title 18, United States Code, Section 1349.
Count Four
BankFraud—18 U.S.C. §1344 and §2
(Defendant BLAKELY)
73. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 70 through 72 of this First
Superseding Indictment as if fully set forth herein.
74. On or about May 17, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
JESIKA BLAKELY,
aided and abetted by Kahlil Gibran Green, Sr., Darrell Thomas, and Teidrin
Foster, and by others known and unknown to the Grand Jury, did knowingly
execute and attempt to execute a scheme and artifice to defraud Financial
Institution 1, the deposits of which were then insured by the FDIC, and to obtain,
by means of materially false and fraudulent pretenses, representations, and
promises, and by omission of material facts, certain moneys, funds, credits,
assets, securities, and other property owned by and under the custody and
control of Financial Institution 1.
19
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Execution of the Bank Fraud Scheme
75. On or about May 17, 2020, in the Northern District of Georgia and
elsewhere, Defendant BLAKELY, aided and abetted by Kahlil Gibran Green, Sr.,
Darrell Thomas, and Teidrin Foster, and by others known and unknown to the
Grand Jury, did knowingly execute and attempt to execute the above-described
scheme to defraud by causing false IRS Form 941s and a false bank statement for
Impact Creations LLC to be transmitted to Financial Institution 1 and making
false representations and certifications to Financial Institution 1 regarding Impact
Creations LLC’s payroll costs, the number of employees, and the purposes of the
applied-for PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Count Five
Wire Fraud 18 U.S.C. § 1343 and § 2
-
(Defendant BLAKELY)
.76. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 70 through 72 of this First
Superseding Indictment as if fully set forth herein.
77. On or about May 17, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
JESIKA BLAKELY,
aided and abetted by Kahlil Gibran Green, Sr., Darrell Thomas, and Teidrin
Foster, and by others known and unknown to the Grand Jury, for the purpose of
executing and attempting to execute the aforementioned scheme and artifice to
defraud, and to obtain money and property by means of materially false and
20
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fraudulent pretenses, representations, and promises, and by omission of material
facts, did, with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Impact Creations LLC’s payroll expenses and the
purposes of the applied-for PPP loan, and attaching falsified tax documentation
for each quarter of 2019 and a falsified bank statement.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Six
Conspiracy to Commit Bank Fraud and Wire Fraud -18 U.S.C. § 1349
(Defendants BLAKELY and JOHN GAINES)
78. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
79. From in or about April 2020 through in or about May 2020, the exact
dates i.iñknown, in the Northern District of Georgia and elsewhere, the
Defendants,
JESIKA BLAKELY and
JOHN GAINES,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Darrell Thomas and Teldrin Foster,
and with others known and unknown to the Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insnred by the FDIC, and to obtain moneys,
funds, credits, assets, securities, and other property owned by and
21
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under the custody and control of the aforementioned financial
institution by means of materially false and fraudulent pretenses,
representations, and promises and by the omission of material facts,
in violation of Title 18, United States Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
80. BLAKELY and JOHN GAINES, together with Darrell Thomas and
Teidrin Foster and with others known and unknown to the Grand Jury,
conspired to submit false materials, such as a false PPP loan application, false IRS
Form 941s, and a false bank account statement, to a financial institution to obtain
PPP loan funding.
81. Throughout the conspiracy, BLAKELY and JoHN GAINEs utilized
interstate wires to submit and assist in the submission of false documents to a
lender when applying for a PPP loan, including a fabricated bank statement
listing inflated account balances and non-existent transactions, fabricated IRS
22
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Form 941s listing falsified payroll information, and false loan application
documentation that listed false payroll information, false employment
information, and false purposes for the loan funding.
82. As a result of and based on BLAKELY’s and JoHN GAINES’s false
representations and certifications and falsified supporting documents, a federally
insured lender issued an $806,710 PPP loan to Gaines Reservation and Travel.
All in violation of Title 18, United States Code, Section 1349.
Count Seven
BankFraud-18 U.S.C. §1344and~2
(Defendants BLAKELY and JOHN GAINES)
83. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 arid 80 through 82 of this First
Superseding Indictment as if fully set forth herein.
84. On or about May 18, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
JESIKA BLAKELY and
JOHN GAINES,
aided and abetted by each other, by Darrell Thomas and Teldrin Foster, and by
others known and unknown to the Grand Jury, did knowingly execute and
attempt to execute a scheme and artifice to defraud Financial Institution 1, the
deposits of which were then insured by the FDIC, and to obtain, by means of
materially false and fraudulent pretenses, representations, and promises, and by
omission of material facts, certain moneys, funds, credits, assets, securities, and
other property owned by and under the custody and control of Financial
Institution 1.
23
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Execution of the Bank Fraud Scheme
85. On or about May 18, 2020, in the Northern District of Georgia and
elsewhere, Defendants BLAKELY arid JoHN GAINEs, aided and abetted by each
other, by Darrell Thomas and Teidrin Foster, and by others known and tmknown
to the Grand Jury, did knowingly execute and attempt to execute the above-
described scheme to defraud by causing false IRS Form 941s and a false bank
statement for Gaines Reservation and Travel to be transmitted to Financial
Institution 1 and making false representations and certifications to Financial
Institution 1 regarding Gaines Reservation and Travel’s payroll costs and the
purposes of the applied-for PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Count Eight
Wire Fraud -18 U.S.C. § 1343 and § 2
(Defendants BLAKELY and JoHN GAINEs)
86. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 80 through 82 of this First
Superseding Indictment as if fully set forth herein.
87. On or about May 18, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
JESIKA BLAKELY and
JOHN GAINES,
aided and abetted by each other, by Darrell Thomas and Teldrin Foster, and by
others known and unknown to the Grand Jury, for the purpose of executing and
attempting to execute the aforementioned scheme and artifice to defraud, and to
obtain money and property by means of materially false and fraudulent
24
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pretenses, representations, and promises, and by omission of material facts, did,
with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Gaines Reservation and Travel’s payroll obligations and
the purposes of the applied-for PPP loan, and attaching falsified tax
documentation for each quarter of 2019 and a falsified bank statement.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Nine
Conspiracy to Commit Bank Fraud and Wire Fraud -18 U.S.C. § 1349
(Defendants CHRIsTIAN, PErrY, and BAPTIsTE)
88. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
89. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
AMANDA CHRISTIAN,
CHARLES PETTY, and
JERRY BAPTISTE,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Bern Benoit, Darrell Thomas; Teldrin
Foster, and Denesseria Slaton, and with others known and unknown to the
Grand Jury, to:
25
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(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, arid to obtain moneys,
funds, credits, assets, securities, and other property owned by and
under the custody and control of the aforementioned financial
institution by means of materially false and fraudulent pretenses,
representations, and promises and by the omission of material facts,
in violation of Title 18, United States Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, arid by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
90. CHRIsTIAN, PErrY, and Bwnsm, together with Bern Benoit, Darrell
Thomas, Teldrin Foster, and Denesseria Slaton, and with others known and
unknown to the Grand Jury, conspired to submit false materials, such as a false
PPP loan application, false IRS Form 941s, and a false bank account statement, to
a financial institution to obtain PPP loan funding.
26
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91. Throughout the conspiracy, CHRIsTIAN, PErn, and BAPTISm utilized
interstate wires to submit and assist in the submission of false documents to a
lender when applying for a PPP loan, including a fabricated bank statement
listing inflated account balances and non-existent transactions, fabricated IRS
Form 941s listing falsified payroll information, and false loan application
documentation that listed false payroll information, false employment
information, and false purposes for the loan funding.
92. As a result of and based on CHRISTIAN’s, PETTY’s, and BAPTISTE’s
false representations and certifications and falsified supporting documents, a
federally insured lender issued an $830,417 PPP loan to Transportation
Management Services Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Ten
Bank Fraud 18 U.S.C. § 1344 and § 2
-
(Defendants CHRIsTIAN, FErn, and BAPTIsTE)
93. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 90 through 92 of this First
Superseding Indictment as if fully set forth herein.
94. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
AMANDA CHRISTIAN,
CHARLES PETTY, and
JERRY BAPTISTE,
aided and abetted by each other, by Bern Benoit, Darrell Thomas, Teldrin Foster,
and Denesseria Slaton, and by others known and unknown to the Grand Jury,
27
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did knowingly execute and attempt to execute a scheme and artifice to defraud
Financial Institution 1, the deposits of which were then insured by the FDIC, and
to obtain, by means of materially false and fraudulent pretenses, representations,
and promises, and by omission of material facts, certain moneys, funds, credits,
assets, securities, and other property owned by and under the custody and
control of Financial Institution 1.
Execution of the Bank Fraud Scheme
95. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, Defendants CHRIsTIAN, PErn, and BAPTIsm, aided and abetted by
each other, by Bern Benoit, Darrell Thomas, Teldrin Foster, and Denesseria
Slaton, and by others known and unknown to the Grand Jury, did knowingly
execute and attempt to execute the above-described scheme to defraud by
causing false IRS Form 941s and a false bank statement for Transportation
Management Services Inc. to be transmitted to Financial Institution 1 and making
false representations and certifications to Financial Institution 1 regarding
Transportation Management Services Inc.’s payroll costs and the purpose of the
applied-for PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Count Eleven
Wire Fraud 18 U.S.C. § 1343 and § 2
-
(Defendants CHRIsTIAN, PErrY, and BAPTIsTE)
96. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 90 through 92 of this First
Superseding Indictment as if fully set forth herein.
28
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97. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
AMANDA CHRISTIAN,
CHARLES PETTY, and
JERRY BAPTISTE,
aided and abetted by each other, by Bern Benoit, Darrell Thomas, Teidrin Foster,
and Denesseria Slaton, and by others known and unknown to the Grand Jury, for
the purpose of executing and attempting to execute the aforementioned scheme
and artifice to defraud, and to obtain money and property by means of
materially false and fraudulent pretenses, representations, and promises, and by
omission of material facts, did, with intent to defraud, cause to be transmitted by
means of a wire communication in interstate and foreign commerce certain
writings, signs, signals, and sounds, namely, a PPP Borrower Application Form
containing false information related to Transportation Management Services
Inc.’s payroll obligations and the purposes of the applied-for PPP loan, and
attaching falsified tax documentation for each quarter of 2019 and a falsified
bank statement.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Twelve
Conspiracy to Commit Bank Fraud and Wire Fraud - 18 U.S.C. § 1349
(Defendant DIxON)
98. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
29
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99. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendant,
RIcKY DIXON,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with Darrell Thomas and Teldrin Foster and with others
known and unknown to the Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, and to obtain moneys,
funds, credits, assets, securities, and other property owned by and
under the custody and control of the aforementioned financial
institution by means of materially false and fraudulent pretenses,
representations, and promises and by the omission of material facts,
in violation of Title 18, United States Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
30
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Manner and Means
100. DixoN, together with Darrell Thomas and Teidrin Foster and with
others known and unknown to the Grand Jury, conspired to submit false
materials, such as a false PPP loan application, false IRS Form 941s, and a false
bank account statement, to a financial institution to obtain PPP loan funding.
101. Throughout the conspiracy, DIXON utilized interstate wires to
submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including a fabricated bank statement listing inflated
account balances and non-existent transactions, fabricated IRS Form 941s listing
falsified payroll information, and false loan application documentation that listed
false payroll information, false employment information, and false purposes for
the loan funding.
102. As a result of and based on DIXON’s false representations and
certifications and falsified supporting documents, a federally insured lender
issued an $805,813 PPP loan to Lee Operations LLC.
All in violation of Title 18, United States Code, Section 1349.
Count Thirteen
Bank Fraud 18 U.S.C. § 1344 and § 2
-
(Defendant DIxoN)
103. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 100 through 102 of this
First Superseding Indictment as if fully set forth herein.
104. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
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RIcKY DIXON,
aided and abetted by Darrell Thomas and Teldrin Foster, and by others known
and unknown to the Grand Jury, did knowingly execute and attempt to execute a
scheme and artifice to defraud Financial Institution 2, the deposits of which were
then insured by the FDIC, and to obtain, by means of materially false and
fraudulent pretenses, representations, and promises, and by omission of material
facts, certain moneys, funds, credits, assets, securities, and other property owned
by and under the custody and control of Financial Institution 2.
Execution of the Bank Fraud Scheme
105. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, Defendant DIXON, aided and abetted by Darrell Thomas and Teidrin
Foster and by others known and unknown to the Grand Jury, did knowingly
execute and attempt to execute the above-described scheme to defraud by
causing false IRS Form 941s and a false bank statement for Lee Operations to be
transmitted to Financial Institution 2 and making false representations and
certifications to Financial Institution 2 regarding Lee Operations’ payroll costs
and the purposes of the applied-for PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
Count Fourteen
Wire Fraud - 18 U.S.C. § 1343 and § 2
(Defendant DIXON)
106. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 100 through 102 of this
First Superseding Indictment as if fully set forth herein.
32
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107. On or about May 20, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
RIcKY DIXON,
aided and abetted by Darrell Thomas and Teldrin Foster and by others known
and unknown to the Grand Jury, for the purpose of executing and attempting to
execute the aforementioned scheme and artifice to defraud, and to obtain money
and property by means of materially false and fraudulent pretenses,
representations, and promises, and by omission of material facts, did, with intent
to defraud, cause to be transmitted by means of a wire communication in
interstate and foreign commerce certain writings, signs, signals, and sounds,
namely, a PPP Borrower Application Form containing false information related
to Lee Operations’ payroll obligations and the pulposes of the applied-for PPP
loan, and attaching falsified tax documentation for each quarter of 2019 and a
falsified bank statement.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Fifteen
Conspiracy to Commit Bank Fraud and Wire Fraud -18 U.S.C. § 1349
(Defendants DIXON and BLAKELY)
108. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
109. From in or about April 2020 through in or about May 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
RICKY DIXON and
33
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JESIKA BLAKELY,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Darrell Thomas and Teldrin Foster,
and with others known and unknown to the Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, and to obtain moneys,
funds, credits, assets, securities, and other property owned by and
under the custody and control of the aforementioned financial
institution by means of materially false and fraudulent pretenses,
representations, and promises and by the omission of material facts,
in violation of Title 18, United States Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
110. DixoN and BLAKELY, together with Darrell Thomas and Teldrin
Foster and with others known and unknown to the Grand Jury, conspired to
submit false materials, such as a false PPP loan application, false IRS Form 941s,
34
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a false profit and loss statement, and a false payroll spreadsheet, to a financial
institution to obtain PPP loan funding.
111. Throughout the conspiracy, DIXON, and BLAKELY utilized interstate
wires to submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including a fabricated profit and loss statement that
listed inflated financial information, fabricated IRS Form 941s listing falsified
payroll information, a fabricated payroll spreadsheet listing non-existent
employees and payroll expenses, and false loan application documentation that
listed false payroll information, false employment information, and false
purposes for the loan funding.
112. As a result of and based on DIXON’s and BLAKELY’s false
representations and certifications and falsified supporting documents, a federally
insured lender issued a $775,000 PPP loan to RK Painting Co.
All in violation of Title 18, United States Code, Section 1349.
Count Sixteen
Bank Fraud 18 U.S.C. § 1344 and § 2
-
(Defendants DIXoN and BLAKELY)
113. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 110 through 112 of this
First Superseding Indictment as if fully set forth herein.
114. On or about May 15, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
RICKY DIXON and
JESIKA BLAKELY,
35
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aided and abetted by each other, by Darrell Thomas and Teidrin Foster, and by
others known and unl<nown to the Grand Jury, did knowingly execute and
attempt to execute a scheme and artifice to defraud Financial Institution 3, the
deposits of which were then insured by the FDIC, and to obtain, by means of
materially false and fraudulent pretenses, representations, and promises, and by
omission of material facts, certain moneys, funds, credits, assets, securities, and
other property owned by and under the custody and control of Financial
Institution 3.
Execution of the Bank Fraud Scheme
115. On or about May 15, 2020, in the Northern District of Georgia and
elsewhere, Defendants DIXON, and BLAKELY, aided and abetted by each other, by
Darrell Thomas and Teidrin Foster, and by others known and unknown to the
Grand Jury, did knowingly execute and attempt to execute the above-described
scheme to defraud by causing false IRS Form 941s, a false profit and loss
statement, and a false payroll spreadsheet to be transmitted to Financial
Institution 3 and making false representations and certifications to Financial
Institution 3 regarding RK Painting Co.’s payroll costs and the purposes of the
applied-for PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
36
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Count Seventeen
Wire Fraud-18 U.S.C. §1343and~2
(Defendants DIXON and BLAKELY)
116. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 110 through 112 of this
First Superseding Indictment as if fully set forth herein.
117. On or about May 15, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
RICKY DIXON and
JESIKA BLAKELY,
aided and abetted by each other, by Darrell Thomas and Teldrin Foster, and by
others known and unknown to the Grand Jury, for the purpose of executing and
attempting to execute the aforementioned scheme and artifice to defraud, and to
obtain money and property by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts, did,
with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to RK Painting Co.’s payroll obligations and the purposes of
the applied-for PPP loan, and attaching falsified tax documentation for each
quarter of 2019, a falsified profit and loss statement, and a falsified payroll
spreadsheet.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
37
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Count Eighteen
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
—
(Defendants DIXON and PARKER)
118. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
119. From in or about April 2020 through in or about June 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
RICKY DIXON and
DEREK PARKER,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Darrell Thomas and Teidrin Foster,
and with others known and unknown to the Grand Jury, to devise and intend to
devise a scheme and artifice to defraud, and to obtain money and property, by
means of materially false and fraudulent pretenses, representations, and
promises, and by the omission of material facts, well knowing and having reason
to know that said pretenses were and would be false and fraudulent when made
and caused to be made and that said omissions were and would be material, and,
in so doing, caused interstate and foreign wire communications to be made, in
furtherance of the scheme and artifice to defraud, in violation of Title 18, United
States Code, Section 1343.
Manner and Means
120. DIXON and PARKER, together with Darrell Thomas and Teldrin
Foster and with others known and unknown to the Grand Jury, conspired to
38
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submit false materials, such as a false PPP loan application, false IRS Form 941s,
and false payroll spreadsheets, to a financial institution to obtain PPP loan
funding.
121. Throughout the conspiracy, DIXON and PARKER utilized interstate
wires to submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including fabricated IRS Form 941s listing falsified
payroll information, fabricated payroll spreadsheets listing non-existent
employees and payroll expenses, and false loan application documentation that
listed false payroll information, false employment information, and false
purposes for the loan funding.
122. As a result of and based on DIXON’s and PARKER’s false
representations and certifications and falsified supporting documents, a financial
institution issued an $818,102 PPP loan to D Parker Holdings Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Nineteen
Wire Fraud 18 U.S.C. § 1343 and § 2
-
(Defendants DIXON and PARKER)
123. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 120 through 122 of this
First Superseding Indictment as if fully set forth herein.
124. On or about June 12, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
RICKY DIXON and
DEREK PARKER,
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aided and abetted by each other, by Darrell Thomas and Teidrin Foster, and by
others known and unknown to the Grand Jury, for the purpose of executing and
attempting to execute the aforementioned scheme and artifice to defraud, and to
obtain money and property by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts, did,
with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to D Parker Holdings Inc.’s payroll obligations and the
purposes of the applied-for PPP loan, and attaching falsified tax documentation
for each quarter of 2019 and falsified payroll spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Twenty
Conspiracy to Commit Bank Fraud and Wire Fraud 18 U.S.C. § 1349
—
(Defendants MEGHAN THOMAS, CHRISTIAN, and BELGRAVE)
125. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
126. From in or about April 2020 through in or about June 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
MEGHAN THOMAS,
AMANDA CHRISTIAN, and
DAVID BELGRAVE II,
did knowingly and willfully combine, conspire, confederate, agree, and have a
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tacit understanding with each other, with Darrell Thomas, Teidrin Foster, and
Denesseria Slaton, and with others known and unknown to the Grand Jury, to:
(a) execute a scheme and artifice to defraud a financial institution, the
deposits of which were insured by the FDIC, and to obtain moneys,
funds, credits, assets, securities, and other property owned by and
under the custody and control of the aforementioned financial
institution by means of materially false and fraudulent pretenses,
representations, and promises and by the omission of material facts,
in violation of Title 18, United States Code, Section 1344; and
(b) devise and intend to devise a scheme and artifice to defraud, and to
obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and by the
omission of material facts, well knowing and having reason to know
that said pretenses were and would be false and fraudulent when
made and caused to be made and that said omissions were and
would be material, and, in so doing, caused interstate and foreign
wire communications to be made, in furtherance of the scheme and
artifice to defraud, in violation of Title 18, United States Code,
Section 1343.
Manner and Means
127. MEGHAN THOMAS, CHRISTIAN, and BELGRAvE, together with Darrell
Thomas, Teldrin Foster, and Denesseria Slaton, and with others known and
unknown to the Grand Jury, conspired to submit false materials, such as a false
41
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PPP loan application, false IRS Form 941s, and false payroll spreadsheets, to a
financial institution to obtain PPP loan funding.
128. Throughout the conspiracy, MEGHAN THOMAS, CHRIsTIAN, and
BELGRAvE utilized interstate wires to submit and assist in the submission of false
documents to a lender when applying for a PPP loan, including fabricated IRS
Form 941s listing falsified payroll information, fabricated payroll spreadsheets
listing non-existent employees and payroll expenses, and false loan application
documentation that listed false payroll information, false employment
information, and false purposes for the loan funding.
129. As a result of and based on MEGHAN THOMAS’s, CHRISTIAN’s, and
BELGRAVE’s false representations and certifications and falsified supporting
documents, a federally insured lender issued a $727,000 PPP loan to Continuing
Success Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Twenty-One
Bank Fraud 18 U.S.C. § 1344 and § 2
-
(Defendants MEGHAN THOMAs, CHRISTIAN, and BELGRAVE)
130. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 127 through 129 of this
First Superseding Indictment as if fully set forth herein.
131. On or about June 12, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
MEGHAN THOMAS,
AMANDA CHRISTIAN, and
DAvID BELGRAvE II,
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aided and abetted by each other, by Darrell Thomas, Teldrin Foster, and
Denesseria Slaton, and by others known and unknown to the Grand Jury, did
knowingly execute and attempt to execute a scheme and artifice to defraud
Financial Institution 3, the deposits of which were then insured by the FDIC, and
to obtain, by means of materially false and fraudulent pretenses, representations,
and promises, and by omission of material facts, certain moneys, funds, credits,
assets, securities, and other property owned by and under the custody and
control of Financial Institution 3.
Execution of the Bank Fraud Scheme
132. On or about June 12, 2020, in the Northern District of Georgia and
elsewhere, Defendants MEGHAN THOMAS, CHRISTIAN, and BELGRAvE, aided and
abetted by each other, by Darrell Thomas, Teldrin Foster, and Denesseria Slaton,
and by others known and unknown to the Grand Jury, did knowingly execute
and attempt to execute the above-described scheme to defraud by causing false
IRS Form 941s and false payroll spreadsheets to be transmitted to Financial
Institution 3 and making false representations and certifications to Financial
Institution 3 regarding Continuing Success Inc.’s payroll costs and the purposes
of the applied-for PPP loan.
All in violation of Title 18, United States Code, Section 1344 and Section 2.
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Count Twenty-Two
Wire Fraud-18 U.S.C. §1343and~2
(Defendants MEGHAN THOMAS, CHRISTIAN, and BELGRAVE)
133. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 127 through 129 of this
First Superseding Indictment as if fully set forth herein.
134. On or about June 12, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
MEGHAN THOMAS,
AMANDA CHRISTIAN, and
DAVID BELGRAVE II,
aided and abetted by each other, by Darrell Thomas, Teldrin Foster, and
Denesseria Slaton, and by others known and unknown to the Grand Jury, for the
purpose of executing and attempting to execute the aforementioned scheme and
artifice to defraud, and to obtain money and property by means of materially
false and fraudulent pretenses, representations, and promises, and by omission
of material facts, did, with intent to defraud, cause to be transmitted by means of
a wire communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Continuing Success Inc.’s payroll obligations and the
purposes of the applied-for PPP loan, and attaching falsified tax documentation
for each quarter of 2019 and falsified payroll spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
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Count Twenty-Three
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
—
(Defendant DIXON)
135. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
136. From in or about April 2020 through in or about June 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendant,
RIcKY DIXON,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with Charmaine Redding, Darrell Thomas, and Teldrin
Foster, and with others known and unknown to the Grand Jury, to devise and
intend to devise a scheme and artifice to defraud, and to obtain money and
property, by means of materially false and fraudulent pretenses, representations,
and promises, and by the omission of material facts, well knowing and having
reason to know that said pretenses were and would be false and fraudulent
when made and caused to be made and that said omissions were and would be
material, and, in so doing, caused interstate and foreign wire communications to
be made, in furtherance of the scheme and artifice to defraud, in violation of Title
18, United States Code, Section 1343.
Manner and Means
137. DIXON, together with Charmaine Redding, Darrell Thomas, and
Teidrin Foster, and with others known and unknown to the Grand Jury,
conspired to submit false materials, such as a false PPP loan application, false IRS
45
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Form 941s, and false payroll spreadsheets, to a financial institution to obtain PPP
loan funding.
138. Throughout the conspiracy, DIXON utilized interstate wires to
submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including fabricated IRS Form 941s listing falsified
payroll information, fabricated payroll spreadsheets listing non-existent
employees and payroll expenses, and false loan application documentation that
listed false payroll information, false employment information, and false
purposes for the loan funding.
139. As a result of and based on DIXON’s false representations and
certifications and falsified supporting documents, a financial institution issued a
$737,965 PPP loan to All Star Room and Board Services of Michigan Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Twenty-Four
Wire Fraud —18 U.S.C. § 1343 and § 2
(Defendant DIXON)
140. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 137 through 139 of this
First Superseding Indictment as if fully set fprth herein.
141. On or about June 11, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
RIcKY DIXON,
aided and abetted by Charmaine Redding, Darrell Thomas, and Teldrin Foster,
and by others known and unknown to the Grand Jury, for the purpose of
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executing and attempting to execute the aforementioned scheme and artifice to
defraud, and to obtain money and property by means of materially false and
fraudulent pretenses, representations, and promises, and by omission of material
facts, did, with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to All Star Room and Board Services of Michigan Inc.’s
payroll obligations and the purposes of the applied-for PPP loan, and attaching
falsified tax documentation for each quarter of 2019 and falsified payroll
spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Twenty-Five
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
—
(Defendants MEGHAN THOMAS, BLAKELY, CHRISTIAN, and HILL)
142. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
143. From in or about April 2020 through in or about July 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
MEGHAN THOMAS,
JESIKA BLAKELY,
AMANDA CHRISTIAN, and
CHARLES HILL IV,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Darrell Thomas, Teldrin Foster, and
47
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Denesseria Slaton, and with others known arid unknown to the Grand Jury, to
devise and intend to devise a scheme and artifice to defraud, and to obtain
money and property, by means of materially false and fraudulent pretenses,
representations, and promises, and by the omission of material facts, well
knowing and having reason to know that said pretenses were and would be false
and fraudulent when made and caused to be made and that said omissions were
and would be material, and, in so doing, caused interstate and foreign wire
communications to be made, in furtherance of the scheme and artifice to defraud,
in violation of Title 18, United States Code, Section 1343.
Manner and Means
144. MEGHAN THoMAs, BLAKELY, CHRISTIAN, and HILL, together with
Darrell Thomas, Teldrin Foster, and Denesseria Slaton, and with others known
and unknown to the Grand Jury, conspired to submit false materials, such as a
false PPP loan application, false IRS Form 941s, and false payroll spreadsheets, to
a financial institution to obtain PPP loan funding.
145. Throughout the conspiracy, MEGHAN THOMAS, BLAKELY, CHRISTIAN,
and HILL utilized interstate wires to submit and assist in the submission of false
documents to a lender when applying for a PPP loan, including fabricated IRS
Form 941s listing falsified payroll information, fabricated payroll spreadsheets
listing non-existent employees and payroll expenses, and false loan application
documentation that listed false payroll information, false employment
information, and false purposes for the loan funding.
146. As a result of and based on MEGHAN THOMAS’s, BLAKELY’s,
CHRISTIAN’s, and HILL’s false representations and certifications and falsified
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supporting documents, a financial institution issued an $854,805 PPP loan to
Infinite Education Services Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Twenty-Six
Wire Fraud 18 U.S.C. § 1343 and § 2
-
(Defendants MEGHAN THOMAS, BLAKELY, CHRISTIAN, and CHARLES HILL)
147. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 144 through 146 of this
First Superseding Indictment as if fully set forth herein.
148. On or about July 11, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
MEGHAN THOMAS,
JESIKA BLAKELY,
AMANDA CHRISTIAN, and
CHARLES HILL IV,
aided and abetted by each other, by Darrell Thomas, Teidrin Foster, and
Denesseria Slaton, and by others known and unknown to the Grand Jury, for the
purpose of executing and attempting to execute the aforementioned scheme and
artifice to defraud, and to obtain money and property by means of materially
false and fraudulent pretenses, representations, and promises, and by omission
of material facts, did, with intent to defraud, cause to be transmitted by means of
a wire communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Infinite Education Services Inc.’s payroll obligations and
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the purposes of the applied-for PPP loan, and attaching falsified tax
documentation for each quarter of 2019 and falsified payroll spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Twenty-Seven
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
—
(Defendants DIXON and WHII11EY)
149. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
150. From in or about April 2020 through in or about June 2020, the exact
dates un]~nown, in the Northern District of Georgia and elsewhere, the
Defendants,
RICKY DIXON and
RYAN WHITTLEY,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Darrell Thomas and Teldrin Foster,
and with others known and imknown to the Grand Jury, to devise and intend to
devise a scheme and artifice to defraud, and to obtain money and property, by
means of materially false and fraudulent pretenses, representations, and
promises, and by the omission of material facts, well knowing and having reason
to know that said pretenses were and would be false and fraudulent when made
and caused to be made and that said omissions were and would be material, and,
in so doing, caused interstate and foreign wire communications to be made, in
furtherance of the scheme and artifice to defraud, in violation of Title 18, United
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States Code, Section 1343.
Manner and Means
151. DixoN and WHITTLEY, together with Darrell Thomas and Teldrin
Foster and with others known and unknown to the Grand Jury, conspired to
submit false materials, such as a false PPP loan application, false IRS Form 941s,
and false payroll spreadsheets, to a financial institution to obtain PPP loan
funding.
152. Throughout the conspiracy, DIXON and WHrrrLEY utilized interstate
wires to submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including fabricated IRS Form 941s listing falsified
payroll information, fabricated payroll spreadsheets listing non-existent
employees and payroll expenses, and false loan application documentation that
listed false payroll information, false employment information, and false
purposes for the loan funding.
153. As a result of and based on DIXON’s and WHErrLEY’s false
representations and certifications and falsified supporting documents, a financial
institution issued a $797,275 PPP loan to ML Exotic Customs Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Twenty-Eight
Wire Fraud 18 U.S.C. § 1343 and § 2
—
(Defendants DIXON and WHITTLEY)
154. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 151 through 153 of this
First Superseding Indictment as if fully set forth herein.
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155. On or about June 19, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
RICKY DIXON and
RYAN WHITTLEY,
aided and abetted by each other, by Darrell Thomas and Teldrin Foster, and by
others known and unknown to the Grand Tiny, for the purpose of executing arid
attempting to execute the aforementioned scheme and artifice to defraud, and to
obtain money and property by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts, did,
with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to ML Exotic Customs Inc.’s payroll obligations and the
purposes of the applied-for PPP loan, and attaching falsified tax documentation
for each quarter of 2019 and falsified payroll spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Twenty-Nine
Aggravated Identity Theft 18 U.S.C. § 1028A and § 2
-
(Defendant DIXON)
156. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 151 through 153 of this
First Superseding Indictment as if fully set forth herein.
157. On or about June 19, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
RIcKY DIXON,
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aided arid abetted by Darrell Thomas and Teldrin Foster and by others known
and imlKnown to the Grand Jury, did knowingly possess and use, without lawful
authority, a means of identification of another person, that is, a social security
number and date of birth belonging to “S.R.,” during and in relation to a felony
offense, that is, Wire Fraud, in violation of Title 18, United States Code, Section
1343, as alleged in Count Twenty-Eight of this First Superseding Indictment.
All in violation of Title 18, United States Code, Section 1028A(a)(1) and
Section 2.
Count Thirty
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
—
(Defendants ASHONG arid SALL)
158. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
159. From in or about April 2020 through in or about June 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
DwAN ASHONG and
EL HADJ SALL,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Darrell Thomas and Teidrin Foster,
and with others known and unknown to the Grand Jury, to devise and intend to
devise a scheme and artifice to defraud, and to obtain money and property, by
means of materially false and fraudulent pretenses, representations, and
promises, and by the omission of material facts, well knowing and having reason
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to know that said pretenses were and would be false and fraudulent when made
and caused to be made and that said omissions were and would be material, and,
in so doing, caused interstate and foreign wire communications to be made, in
fuxtherance of the scheme and artifice to defraud, in violation of Title 18, United
States Code, Section 1343.
Manner and Means
160. AsHONG and SALL, together with Darrell Thomas and Teldrin Foster
and with others known and unknown to the Grand Jury, conspired to submit
false materials, such as a false PPP loan application, false IRS Form 941s, and
false payroll spreadsheets, to a financial institution to obtain PPP loan funding.
161. Throughout the conspiracy, AsH0NG and SALL utilized interstate
wires to submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including fabricated IRS Form 941s listing falsified
payroll information, fabricated payroll spreadsheets listing non-existent
employees and payroll expenses, and false loan application documentation that
listed false payroll information, false employment information, and false
purposes for the loan funding.
162. As a result of and based on ASHONG’s and SALL’s false
representations and certifications and falsified supporting documents, a financial
institution issued an $823,585 PPP loan to Bellevie Corp.
All in violation of Title 18, United States Code, Section 1349.
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Count Thirty-One
Wire Fraud—18 U.S.C. § 1343 and §2
(Defendants AsH0NG and SALL)
163. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 160 through 162 of this
First Superseding Indictment as if fully set forth herein.
164. On or about June 26,2020, in the Northern District of Georgia and
elsewhere, the Defendants,
DWAN ASHONG and
EL HADJ SALL,
aided and abetted by each other, by Darrell Thomas and Teldrin Foster, and by
others known and unknown to the Grand Jury, for the purpose of executing and
attempting to execute the aforementioned scheme and artifice to defraud, and to
obtain money and property by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts, did,
with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Bellevie Corp.’s payroll obligations and the purposes of
the applied-for PPP loan, and attaching falsified tax documentation for each
quarter of 2019 and falsified payroll spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
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Count Thirty-Two
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
—
(Defendant CHRIsTIAN)
165. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
166. From in or about April 2020 through in or about June 2020, the exact
dates unlcznown, in the Northern District of Georgia and elsewhere, the
Defendant,
AMANDA CHRISTIAN,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with Darrell Thomas, Teldrin Foster, and Denesseria Slaton,
and with others known and unknown to the Grand Jury, to devise and intend to
devise a scheme and artifice to defraud, and to obtain money and property, by
means of materially false and fraudulent pretenses, representations, and
promises, and by the omission of material facts, well knowing and having reason
to know that said pretenses were and would be false and fraudulent when made
and caused to be made and that said omissions were and would be material, and,
in so doing, caused interstate and foreign wire communications to be made, in
fuxtherance of the scheme and artifice to defraud, in violation of Title 18, United
States Code, Section 1343.
Manner and Means
167. CHRISTIAN, together with Darrell Thomas, Teldrin Foster, and
Denesseria Slaton, and with others known and unknown to the Grand Jury,
conspired to submit false materials, such as a false PPP loan application, false IRS
56
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Form 941s, and false payroll spreadsheets, to a financial institution to obtain PPP
loan funding.
168. Throughout the conspiracy, CHRISTIAN utilized interstate wires to
submit and assist in the submission of false documents to a lender when
applying for a PPP loan, including fabricated IRS Form 941s listing falsified
payroll information, fabricated payroll spreadsheets listing non-existent
employees and payroll expenses, and false loan application documentation that
listed false payroll information, false employment information, and false
purposes for the loan funding.
169. As a result of and based on CHRISTIAN’s false representations and
certifications and falsified supporting documents, a financial institution issued a
$760,207 PPP loan to Advertising and Then Some Inc.
All in violation of Title 18, United States Code, Section 1349.
Count Thirty-Three
Wire Fraud —18 U.S.C. § 1343 and § 2
(Defendant CHRISTIAN)
170. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 167 through 169 of this
First Superseding Indictment as if fully set forth herein.
171. On or about June 19, 2020, in the Northern District of Georgia and
elsewhere, the Defendant,
AMANDA CHRISTIAN,
aided and abefted by Darrell Thomas, Teldrin Foster, and Denesseria Slaton, and
by others known and unknown to the Grand Jury, for the purpose of executing
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and attempting to execute the aforementioned scheme and artifice to defraud,
and to obtain money and property by means of materially false and fraudulent
pretenses, representations, and promises, and by omission of material facts, did,
with intent to defraud, cause to be transmitted by means of a wire
communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Advertising and Then Some Inc.’s payroll obligations and
the purpose of the applied-for PPP loan, and attaching falsified tax
documentation for each quarter of 2019 and falsified payroll spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
Count Thirty-Four
Conspiracy to Commit Wire Fraud 18 U.S.C. § 1349
—
(Defendants CHRISTIAN and MCDUFFIE)
172. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 of this First Superseding
Indictment as if fully set forth herein.
173. From in or about April 2020 through in or about August 2020, the
exact dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants,
AMANDA CHRISTIAN and
RIcK McDUFFIE,
did knowingly and willfully combine, conspire, confederate, agree, and have a
tacit understanding with each other, with Darrell Thomas, Teldrin Foster, and
Denesseria Slaton, and with others known and unknown to the Grand Jury, to
devise and intend to devise a scheme and artifice to defraud, and to obtain
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money and property, by means of materially false and fraudulent pretenses,
representations, and promises, and by the omission of material facts, well
knowing and having reason to know that said pretenses were and would be false
and fraudulent when made and caused to be made and that said omissions were
and would be material, and, in so doing, caused interstate and foreign wire
communications to be made, in furtherance of the scheme and artifice to defraud,
in violation of Title 18, United States Code, Section 1343.
Maimer and Means
174. CHRISTIAN and MCDUFFIE, together with Darrell Thomas, Teldrin
Foster, and Denesseria Slaton, and with others known and unknown to the
Grand Jury, conspired to submit false materials, such as a false PPP loan
application, false IRS Form 941s, and false payroll spreadsheets, to a financial
institution to obtain PPP loan funding.
175. Throughout the conspiracy, CHRISTIAN and McDuFFIE utilized
interstate wires to submit and assist in the submission of false documents to a
lender when applying for a PPP loan, including fabricated IRS Form 941s listing
falsified payroll information, fabricated payroll spreadsheets listing non-existent
employees and payroll expenses, and false loan application documentation that
listed false payroll information, false employment information, and false
purposes for the loan funding.
176. As a result of and based on CHRISTIAN’s and MCDUFFIE’s false
representations and certifications and falsified supporting documents, a financial
institution issued a $787,160 PPP loan to Mickies Auto and Tires LLC.
All in violation of Title 18, United States Code, Section 1349.
59
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Count Thirty-Five
Wire Fraud 18 U.S.C. § 1343 and § 2
-
(Defendants CHRIsTIAN and McDTJFFIE)
177. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 174 through 176 of this
First Superseding Indictment as if fully set forth herein.
178. On or about August 10, 2020, in the Northern District of Georgia and
elsewhere, the Defendants,
AMANDA CHRISTIAN and
RICK McDuFFIE,
aided and abetted by each other, by Darrell Thomas, Teldrin Foster, and
Denesseria Slaton, and by others known and unknown to the Grand Jury, for the
purpose of executing and attempting to execute the aforementioned scheme and
artifice to defraud, and to obtain money and property by means of materially
false and fraudulent pretenses, representations, and promises, and by omission
of material facts, did, with intent to defraud, cause to be transmitted by means of
a wire communication in interstate and foreign commerce certain writings, signs,
signals, and sounds, namely, a PPP Borrower Application Form containing false
information related to Mickies Auto and Tire’s payroll obligations and the
purposes of the applied-for PPP loan, and attaching falsified tax documentation
for each quarter of 2019 and falsified payroll spreadsheets.
All in violation of Title 18, United States Code, Section 1343 and Section 2.
60
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Counts Thirty-Six Through Forty-One
False Statement to a Federally Insured Bank 18 U.S.C. § 1014 and § 2
—
(Defendants Identified Below)
179. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60, 70 through 72, 80 through 82,
90 through 92, 100 through 102, 110 through 112, and 127 through 129 of this
First Superseding Indictment as if fully set forth herein.
180. From in or about April 2020 through in or about June 2020, the exact
dates unknown, in the Northern District of Georgia and elsewhere, the
Defendants identified below, aided and abetted by each other, by Darrell
Thomas, Teidrin Foster, Denesseria Slaton, Khalil Gibran Green, Sr., and Bern
Benoit, and by others known and unknown to the Grand Jury, knowingly made a
false statement for the purpose of influencing the actions of the financial
institutions identified below, the accounts of which were insured by the FDIC, in
connection with PPP loan applications by the businesses identified below, in that
the Defendants did the following:
~AKELY, aided and abetted Financial
by others known and Institution
unknown to the Grand 1
Jury, signed and initialed a
PPP Borrower Application
Form for Impact Creations LLC
falsely certifying that (a) Impact
Creations LLC was in operation
on February 15, 2020 and had
employees for whom it paid
salaries and payroll taxes or
paid independent contractors;
(b) the funds will be used to
retain workers and maintain
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payroll or make mortgage
interest payments, lease
payments, and utility
payments; and (c) the
information provided in the
application and in all
supporting documents and
forms is true and accurate in all
_______ _____________________ material respects. ____________
37 JESIKA BLAKELY May 18, 2020 BLAKELY and JOHN GAINES, Financial
JOHN GAINES aided and abetted by each Institution
other and by others known
and unknown to the Grand
Jury, signed and initialed a
PPP Borrower Application
Form for Gaines Reservation
and Travel falsely certifying
that (a) Gaines Reservation and
Travel was in operation on
February 15, 2020 and had
employees for.whom it paid
salaries and payroll taxes or
paid independent contractors;
(b) the funds will be used to
retain workers and maintain
payroll or make mortgage
interest payments, lease
payments, and utility
payments; and (c) the
information provided in the
application and in all
supporting documents and
forms is true and accurate in all
______ _____________________ material respects. ___________
38 AMANDA CHRISTIAN May 20, 2020 CHRISTIAN, PETTY, and Financial
CHARLES PErrY BAPTISTE, aided and abetted Institution
JERRY BAPTISTE by each other and by others 1
known and unknown to the
Grand Jury, signed and
initialed a PPP Borrower
Application Form for
Transportation Management
Services Inc. falsely certifying
that (a) Transportation
Management Services Inc. was
in operation on February 15,
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2020 and had employees for
whom it paid salaries and
payroll taxes or paid
independent contractors; (b)
the funds will be used to retain
workers and maintain payroll
or make mortgage interest
payments, lease payments, and
utility payments; and (c) the
information provided in the
application and in all
supporting documents and
forms is true and accurate in all
material respects.
39 RICKY DIXON May 20, 2020 RICKY DIXON, aided and Financial
abetted by others known Institution
and unknown to the Grand 2
Jury, signed and initialed a
PPP Borrower Application
Form for Lee Operations LLC
falsely certifying that (a) Lee
Operations LLC was in
operation on February 15, 2020
and had employees for whom it
paid salaries and payroll taxes
or paid independent
contractors; (b) the funds will
be used to retain workers and
maintain payroll or make
mortgage interest payments,
lease payments, and utility
payments; and (c) the
information provided in the
application and in all
supporting documents and
forms is true and accurate in all
material respects.
40 RIcKY DIXON May 15, 2020 DIXON and BLAKELY, aided Financial
JESIKA BLAKELY and abetted by each other Institution
and by others known and 3
unknown to the Grand
Jury, signed and initialed a
PPP Borrower Application
Form for RK Painting Co.
falsely certifying that (a) RK
Painting Co. was in operation
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on February 15, 2020 and had
employees for whom it paid
salaries and payroll taxes or
paid independent contractors;
(b) the funds will be used to
retain workers and maintain
payroll or make mortgage
interest payments, lease
payments, and utility
payments; and (c) the
information provided in the
application and in all
supporting documents and
forms is true and accurate in all
material respects.
41 MEGHAN THOMAS June 12, 2020 MEGHAN THOMAS, Financial
AMANDA CHRISTIAN CHRISTIAN, and BELGRAVE, Institution
DAVID BELGRAVE II aided and abetted by each 3
other and by others known
and unknown to the Grand
Jury, signed and initialed a
PPP Borrower Application
Form for Continuing Success
Inc. falsely certifying that (a)
Continuing Success Inc. was in
operation on February 15, 2020
and had employees for whom it
paid salaries and payroll taxes
or paid independent
contractors; (b) the funds will
be used to retain workers and
maintain payroll or make
mortgage interest payments,
lease payments, and utility
payments; and (c) the
information provided in the
application and in all
supporting documents and
forms is true and accurate in all
material respects.
All in violation of Title 18, United States Code, Section 1014 and
Section 2.
64
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Counts Forty-Two through Fifty-Eight
Money Laundering -18 U.S.C. § 1956 and § 2
(Defendants Identified Below)
181. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60, 63 through 65, 80 through 82,
90 through 92, 100 through 102, 110 through 112, 120 through 122, 127 through
129, and 144 through 146 of this First Superseding Indictment as if fully set forth
herein.
182. From in or about May 2020 through in or about September 2020, in
the Northern District of Georgia and elsewhere, the Defendants identified below,
aided and abetted by each other, by Darrell Thomas, and by others known and
un]~nown to the Grand Jury, knowingly conducted and attempted to conduct a
financial transaction affecting interstate commerce, which involved the proceeds
of a specified unlawful activity, that is wire fraud, in violation of Title 18, United
States Code, Section 1343, knowing that the transaction was designed in whole
and in part to conceal and disguise the nature, location, source, ownership, and
control of the proceeds of specified unlawful activity, and while conducting and
attempting to conduct such financial transactions knowing that the property
involved in the financial transaction represented the proceeds of some form of
unlawful activity:
42 RICKY DLXON June 26, 2020 Approximately $82,400 wire transfer from
Bank 6 account ending in 6131, held in the
name of Bellator Phront Group Inc., to
Bank 2 account ending in 2768, held in the
name of AF Holdings Inc.
43 RICKY DLx0N June 2, 2020 Approximately $102,000 wire transfer
from Bank 4 account ending in 4823, held
in the name of Elite Executive Services
65
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Inc., to Bank 2 account ending in 2768,
held in the name of AF Holdings Inc.
44 JOHN GAINES May 29, 2020 Approximately $93,785 check withdrawn
from Bank 1 account ending in 6500, held
in the name of Gaines Reservation and
Travel, and deposited into Bank 4 account
ending in 3940, held in the name of
Bellator Phront Group Inc.
45 JoHN GAINEs June 16, 2020 Approximately $169,998.72 check
withdrawn from Bank 1 account ending in
6500, held in the name of Gaines
Reservation and Travel, and deposited
into Bank 4 account ending in 4823, held in
the name of Elite Executive Services Inc.
46 JOHN GAINES June 8, 2020 Approximately $155,252.50 wire transfer
CARLA JACKSON from Bank 1 account ending in 6500, held
in the name of Gaines Reservation and
Travel, to Bank 5 account ending in 1207,
held in the name of Management Resource
Services Inc.
47 JOHN GAINES June 22, 2020 Approximately $179,985.72 wire transfer
CARLA JACKSON from Bank 3 account ending in 5124, held
in the name of Gaines Reservation and
Travel, to Bank 5 account ending in 1207,
held in the name of Management Resource
Services Inc.
48 CHARLES PETrY May 29, 2020 Approximately $185,000 check withdrawn
JERRY BAPTISTE from Bank 1 account ending in 6415, held
in the name of Transportation
Management Services Inc., and deposited
into Bank 4 account ending in 3940, held in
the name of Bellator Phront Group Inc.
49 CHARLES PETrY June 15, 2020 Approximately $100,000 check withdrawn
JERRY BAPTISTE from Bank 1 account ending in 6415, held
in the name of Transportation
Management Services Inc., and deposited
~ into Bank 4 account ending in 3940, held in
the name of Bellator Phront Group Inc.
50 CHARLES PEYFY June 15, 2020 Approximately $169,998.72 wire transfer
JERRY BAPTISTE from Bank 1 account ending in 6415, held
in the name of Transportation
Management Services Inc., to Bank 4
account ending in 4823, held in the name
of Elite Executive Services Inc.
51 RICKY DIXON May 21, 2020 Approximately $803,775.89 wire transfer
from Bank 2 account ending in 5085, held
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in the name of Lee Operations, to Bank 4
account ending in 4823, held in the name
of Elite Executive Services Inc.
52 RIcKY DIxON June 9, 2020 Approximately $175,000 check from Bank
7 Bank account ending in 5594, held in the
name of RK Painting Co., deposited into
Bank 4 account ending in 3940, held in the
name of Bellator Phront Group Inc.
53 RIcKY DIXON June 19, 2020 Approximately $163,625 wire transfer
DEREK PARKER from Bank 4 account ending in 9593, held
in the name of D Parker Holdings Inc., to
Bank 6 account ending in 6131, held in the
name of Bellator Phront Group Inc.
54 JESIKA BLAKELY September 18, 2020 Approximately $5,000 ACH transfer from
DAVID BELGRAVE II Batik 8 account ending in 4647, held in the
name of J.L., to Bank 6 account ending in
5550, held in the name of Manchester
Alliance.
55 JESIKA BLAKELY July 21, 2020 Approximately $282,633 wire transfer
CHARLES HILL IV from BankS account ending in 5633, held
in the name of Infinite Education Services
Inc., to Bank 8 account ending in 6687,
held in the name of Rapid Pay Card.
56 JESIKA BLAKELY August 11, 2020 Approximately $281,496 wire transfer
CHARLES HILL IV from BankS account ending in 5633, held
in the name of Infinite Education Services
Inc., to Bank 8 account ending in 6687,
held in the name of Rapid Pay Card.
57 DwAN ASHONG July 21, 2020 Approximately $134,873 wire transfer
from Bank 5 account ending in 5633, held
in the name of Infinite Education Services
Inc., to Bank 9 account ending in 9950,
held in the name of Richiand Property
Investment Group.
58 DWAN ASHONG June 2, 2020 Approximately $47,400 check from Bank 4
account ending in 4823, held in the name
of Elite Executive Services Inc., deposited
into Bank 1 account ending in 1813, held in
the name of DA Gilpen Enterprises LLC.
All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) and
Section 2.
67
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Count Fifty-Nine
Conspiracy to Commit Money Laundering 18 U.S.C. § 1956(h)
—
(Defendants BLAKELY, ASHONG, and BELGRAvE)
183. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 127 through 129 of this
First superseding Indictment as if fully set forth herein.
184. From in or about June 2020 through in or about September 2020, in
the Northern District of Georgia and elsewhere, the Defendants,
JESIKA BLAKELY
DwAN ASHONG, and
DAVID BELGRAVE II,
did knowingly combine, conspire, and agree with each other, with Darrell
Thomas and Denesseria Slaton, and with others known and unknown to the
Grand Jury to commit offenses against the United States in violation of Title 18,
United States Code, Section 1956, to wit, to knowingly conduct and attempt to
conduct financial transactions affecting interstate commerce and foreign
commerce, which transactions involved the proceeds of specified unlawful
activity, that is, bank fraud in violation of Title 18, United States Code, Section
1344, and wire fraud, in violation of Title 18, United States Code, Section 1343,
knowing that the transactions were designed in whole and in part to conceal and
disguise the nature, location, source, ownership, and control of the proceeds of
specified unlawful activity, and while conducting and attempting to conduct
such financial transactions, knowing that the property involved in the financial
transactions represented the proceeds of some form of unlawful activity, in
violation of Title 18, United States Code, Section 1956(a)(1)(B)(i).
68
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Manner and Means
185. BLAKELY, ASHONG, and BELGRAvE, together with Darrell Thomas and
Denesseria Slaton and with others known and unknown to the Grand Jury,
conspired to engage in financial transactions with the proceeds of Continuing
Success Inc.’s PPP loan proceeds that were designed in whole and in part to
conceal and disguise the nature, location, source, ownership, and control of
Continuing Success Inc.’s PPP loan proceeds.
186. Throughout the conspiracy, BLAKELY, ASHONG, arid BELGRAvE
conducted and attempted to conduct various financial transactions, including:
a. On or about June 30, 2020, August 5, 2020, and September 11,
2020, wire transfers of approximately $168,875.35 each from
Bank 11 account ending in 4282, held in the name Continuing
Success Inc., to Bank 8 account ending in 6687, held in the
name of Rapid Pay Card;
b. On or about June 30, 2020, a wire transfer of approximately
$195,000 from Bank 11 account ending in 4282, held in the
name of Continuing Success Inc., to Bank 1 account ending in
1588, held in the name of Richiand Property Investors Group.
All in violation of Title 18, United States Code, Section 1956(h).
69
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Count Sixty
Conspiracy to Commit Money Laundering — 18 U.S.C. § 1956(h)
(Defendants DIxoN, BLAKELY, and ASHONG)
187. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 137 through 139 of this
First Superseding Indictment as if fully set forth herein.
188. From in or about June 2020 through in or about September 2020, in
the Northern District of Georgia and elsewhere, the Defendants,
RIcKY DIxON,
JESIKA BLAKELY, and
DwAN AsHONG,
did knowingly combine, conspire, and agree with each other, with Darrell
Thomas and Charmaine Redding, and with others known and unknown to the
Grand Jury to commit offenses against the United States in violation of Title 18,
United States Code, Section 1956, to wit, to knowingly conduct and attempt to
conduct financial transactions affecting interstate commerce and foreign
commerce, which transactions involved the proceeds of specified unlawful
activity, that is, wire fraud, in violation of Title 18, United States Code, Section
1343, knowing that the transactions were designed in whole and in part to
conceal and disguise the nature, location, source, ownership, and control of the
proceeds of specified unlawful activity, and while conducting and attempting to
conduct such financial transactions, knowing that the property involved in the
financial transactions represented the proceeds of some form of unlawful
activity, in violation of Title 18, United States Code, Section 1956(a) (1) (B) (i).
70
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Manner and Means
189. DIxON, BLAKELY, and ASHONG, together with Darrell Thomas and
Charmaine Redding and with others known and unknown to the Grand Jury,
conspired to engage in financial transactions with the proceeds of All Star Room
and Board Services of Michigan Inc.’s PPP loan proceeds that were designed in
whole and in part to conceal and disguise the nature, location, source,
ownership, and control of All Star Room and Board Services of Michigan Inc.’s
PPP loan proceeds.
190. Throughout the conspiracy, DIxoN, BLAKELY, and AsH0NG
conducted and attempted to conduct various financial tramsactions, including:
a. On or about July 1, 2020, August 17,2020, and September 28,
2020, wire transfers of approximately $153,825.28 from Bank
12 account ending in 4672, held in the name of All Star Room
& Board Services of Michigan, Inc., to Bank 8 account ending
in 6687, held in the name of Rapid Pay Card;
b. On or about July 1, 2020, a wire transfer of approximately
$175,800 from Bank 12 account ending in 4672, held in the
name of All Star Room & Board Services of Michigan, Inc., to
Bank 1 account ending in 1588, held in the name of Richiand
Property Investors Group.
All in violation of Title 18, United States Code, Section 1956(h).
71
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Count Sixty-One
Conspiracy to Commit Money Laundering — 18 U.S.C. § 1956(h)
(Defendants DIxoN, BLAKELY, and WHrITLEY)
191. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 151 through 153 of this
First Superseding Indictment as if fully set forth herein.
192. From in or about July 2020 through in or about November 2020, in
the Northern District of Georgia and elsewhere, the Defendants,
RIcKY DIXON,
JESIKA BLAKELY, and
RYAN WHITrLEY,
did knowingly combine, conspire, and agree with each other, with Darrell
Thomas, and with others known and unknown to the Grand Jury to commit
offenses against the United States in violation of Title 18, United States Code,
Section 1956, to wit, to knowingly conduct and attempt to conduct financial
transactions affecting interstate commerce and foreign commerce, which
transactions involved the proceeds of specified unlawful activity, that is, wire
fraud, in violation of Title 18, United States Code, Section 1343, knowing that the
transactions were designed in whole and in part to conceal and disguise the
nature, location, source, ownership, and control of the proceeds of specified
unlawful activity, and while conducting and attempting to conduct such
financial transactions, knowing that the property involved in the financial
transactions represented the proceeds of some form of unlawful activity, in
violation of Title 18, United States Code, Section 1956(a)(1)(B)(i).
72
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Manner and Means
193. DIXON, BLAKELY, and WH[TLLEY, together with Darrell Thomas and
with others known and unknown to the Grand Jury, conspired to engage in
financial transactions with the proceeds of ML Exotic Customs Inc.’s PPP loan
proceeds that were designed in whole and in part to conceal and disguise the
nature, location, source, ownership, and control of ML Exotic Customs Inc.’s PPP
loan proceeds.
194. Throughout the conspiracy, DIxoN, BLAKELY, and WH1TTLEY
conducted and attempted to conduct various financial transactions, including:
a. On or about July 29, 2020 and August 27, 2020, wire transfers
of approximately $289,441 from Bank 15 account ending in
3842, held in the name of ML Exotic Customs Inc., to Bank 8
account ending in 6687, held in the name of Rapid Pay Card;
b. On or about October 20, 2020, a wire transfer of approximately
$92,000 from a bank account held in the name of ML Exotic
Customs Inc., to Bank 13 account ending in 6020, held in the
name of Cronus Capital Acquisitions; and
c. On or about October 26, 2020, a $23,000 check from Bank 13
account ending in 6020, held in the name of Cronus Capital
Acquisitions, cashed at the New Dolton Currency Exchange in
Chicago, Illinois.
All in violation of Title 18, United States Code, Section 1956(h).
73
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Count Sixty-Two
Conspiracy to Commit Money Laundering 18 U.S.C. § 1956(h)
—
(Defendants BLAKELY, ASHONG and SALL)
195. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 60 and 160 through 162 of this
First Superseding Indictment as if fully set forth herein.
196. From in or about August 2020 through in or about October 2020, in
the Northern District of Georgia and elsewhere, the Defendants,
JESIKA BLAKELY,
DWAN ASHONG, and
EL HADJ SALL,
did knowingly combine, conspire, and agree with each other, with Darrell
Thomas, and with others known and unknown to the Grand Jury to commit
offenses against the United States in violation of Title 18, United States Code,
Section 1956, to wit, to knowingly conduct and attempt to conduct financial
transactions affecting interstate commerce and foreign commerce, which
transactions involved the proceeds of specified unlawful activity, that is, wire
fraud, knowing that the transactions were designed in whole and in part to
conceal and disguise the nature, location, source, ownership, and control of the
proceeds of specified unlawful activity, and while conducting and attempting to
conduct such financial transactions, knowing that the property involved in the
financial transactions represented the proceeds of some form of unlawful
activity, in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i).
Manner and Means
197. BLAKELY, ASHONG, and SALL, together with Darrell Thomas and with
others known and unknown to the Grand Jury, conspired to engage in financial
74
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transactions with the proceeds of Bellevie Corp.’s PPP loan proceeds that were
designed in whole and in part to conceal and disguise the nature, location,
source, ownership, and control of Bellevie Corp.’s PPP loan proceeds.
198. Throughout the conspiracy, BLAKELY, ASHONG, and SALL conducted
and attempted to conduct various financial transactions, including:
a. On or about September 1, 2020, a wire transfer of approximately
$535,000 from Bank 1 account ending in 5393, held in the name of
Bellevie Corp., to Bank 8 account ending in 6687, held in the name of
Rapid Pay Card;
b. On or about September 21, 2020, a wire transfer of approximately
$200,000 from Bank 1 account ending in 5393, held in the name of
Bellevie Corp., to Bank 1 account ending in 1813, held in the name of
DA Gilpen Enterprises LLC;
c. On or about September 21, 2020, a wire transfer of approximately
$143,000 from Bank 1 account ending in 1813, held in the name of
DA Gilpen Enterprises LLC, to Bank 17 account ending in 6801, held
in the name of Hgreg Lux for the purchase of a 2019 Land Rover
Range Rover vehicle.
All in violation of Title 18, United States Code, Section 1956(h).
Forfeiture
Upon conviction of one or more of the offenses alleged in Counts One
through Forty-One of this First Superseding Indictment, the Defendants,
RIcKY DIXON,
MEGHAN THOMAS,
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JESIKA BLAKELY,
AMANDA CHRISTIAN,
DwAN ASH0NG,
JOHN GAINES,
CHARLES PETTY,
JERRY BAPTISTE,
DEREK PARKER,
DAVID BELGRAvE II,
CHARLES HILL IV,
RYAN WHITTLEY,
EL HADJ SALL, and
RICK MCDUFFIE,
shall forfeit to the United States, pursuant to Title 18, United States Code, Section
982(a) (2), any property constituting, or derived from, proceeds the person
obtained directly or indirectly as the result of such violation, including but not
limited to the following:
(a) MONEY JUDGMENT: A sum of money in United States currency
equal to the amount of proceeds the Defendant obtained as a result
of the offense for which the Defendant is convicted.
(b) FUNDS:
1. $1,113,113.97 in funds seized from Bank 4 account
number XXXXXXXX4823 held in the name of Elite
Executive Services, Inc.
2. $536,875.00 in funds seized from Bank 4 account
number XXXXXXXX81O2 held in the name of Bellator
Phront Group, Inc.
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3. $431,408.28 in funds seized from Bank 1 account
number XXXXX6415 held in the name of Transportation
Management Services Inc.
4. $341,151.47 in funds seized from Bank 4 account
number XXXXXXXX394O held in the name of Bellator
Phront Group, LLC.
5. $295,717.61 in funds seized from Bank 5 account
number XXXXXX12O7 held in the name of Management
Resource Services.
6. $177,828.46 in funds seized from Bank 1 account
number XXXXX6500 held in the name of Gaines
Reservation and Travel.
7. $160,025.00 in funds seized from Bank 16 account
number XXXXX7522 held in the name of RK Painting
Company.
8. $107,878.14 in funds seized from Bank 7 account
number XXXXX5594 held in the name of RK Painting
Co.
9. $30,025.08 in funds seized from Bank 1 account number
XXXXXX9428 held in the name of Bern Benoit.
10. $9,314.28 in funds seized from Bank 3 account number
XXXXXX5124 held in the name of Gaines Reservation
and Travel.
77
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11. $256.67 in funds seized from Bank 2 account number
XXXXXX5085 held in the name of Lee Operations LLC.
12. $131,610.00 in United States Currency.
(c) VEHICLES:
1. One 2018 Land Rover Range Rover, VIN
SALGW25E2JA503 793.
2. One 2017 Acura NSX, VIN 19UNC1BO8HY000536.
3. One 2018 Mercedes Benz S-Class S65 AMG, VIN
WDDUG7KB5JA4O8O46.
4. One 2019 Land Rover Range Rover, VfN
SALGW2SE2KA516948.
(d) JEWELRY:
1. One men’s yellow gold Rolex with diamond bezel and dial.
2. One 18K yellow gold Cuban link necklace with diamonds in
clasp.
3. One 18K yellow gold Cuban link bracelet with diamonds in
clasp.
Upon conviction of one or more of the offenses alleged in Counts
Forty-Two through Sixty-Two of this First Superseding Indictment, the
Defendants,
RIcKY DIXON,
JESIKA BLAKELY,
DwAN A5H0NG,
JOHN GAINES,
CHARLES PETTY,
JERRY BAPTISTE,
78
Case 1:20-cr-00296-JPB-AJB Document 135 Filed 07/13/21 Page 79 of 82
CARLA JACKSON,
DEREK PARKER,
DAVID BELGRAVE II,
CHARLES HILL IV,
RYAN WHITTLEY, and
EL HADJ SALL,
shall forfeit to the United States, pursuant to Title 18, United States
Code, Section 982(a) (1), any property, real or personal, involved in the
offense and any property traceable to such property, including but not
limited to the following:
(a) MONEY JUDGMENT: A sum of money in United States currency
equal to the amount of proceeds the Defendant obtained as a result
of the offense for which the Defendant is convicted.
(b) FUNDS:
1. $1,113,113.97 in funds seized from Bank 4 account
number XXXXXXXX4823 held in the name of Elite
Executive Services, Inc.
2. $536,875.00 in funds seized from Bank 4 account
number XXXXXXXX81O2 held in the name of Bellator
Phront Group, Inc.
3. $431,408.28 in funds seized from Bank 1 account
number XXXXX6415 held in the name of Transportation
Management Services Inc.
4. $341,151.47 in funds seized from Bank 4 account
number XXXXXXXX394O held in the name of Bellator
Phront Group, LLC.
79
Case 1:20-cr-00296-JPB-AJB Document 135 Filed 07/13/21 Page 80 of 82
5. $295,717.61 in funds seized from Bank 5 account
number XXXXXX12O7 held in the name of Management
Resource Services.
6. $177,828.46 in funds seized from Bank 1 account
number XXXXX6500 held in the name of Gaines
Reservation and Travel.
7. $160,025.00 in funds seized from Bank 16 account
number XXXXX7522 held in the name of RK Painting
Company.
8. $107,878.14 in funds seized from Bank 7 account
number XXXXX5594 held in the name of RK Painting
Co.
9. $30,025.08 in funds seized from Bank 1 account number
XXXXXX9428 held in the name of Bern Benoit.
10. $9,314.28 in funds seized from Bank 3 account number
XXXXXX5124 held in the name of Gaines Reservation
and Travel.
11. $256.67 in funds seized from Bank 2 account number
XXXXXX5O85 held in the name of Lee Operations LLC.
12. $131,610.00 in United States Currency.
(c) VEHICLES:
1. One 2018 Land Rover Range Rover, VIN
SALGW2SE2JA5 03793.
2. One 2017 Acura NSX, VIN 19UNC1BO8HY000536.
80
Case 1:20-cr-00296-JPB-AJB Document 135 Filed 07/13/21 Page 81 of 82
3. One 2018 Mercedes Benz S-Class S65 AMG, VIN
WDDUG7KB5JA408046.
4. One 2019 Land Rover Range Rover, VIN
SALGW2SE2KA516948.
(d) JEWELRY:
1. One men’s yellow gold Rolex with diamond bezel and dial.
2. One 18K yellow gold Cuban link necklace with diamonds in
clasp.
3. One 18K yellow gold Cuban link bracelet with diamonds in
clasp.
If, as a result of any act or omission of the Defendants, any property subject to
forfeiture:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(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 divided
without difficulty,
the United States intends, pursuant to Title 21, United States Code, Section
853(p), as incorporated by Title 18, United States Code, Section 982(b), to seek
forfeiture of any other property of the Defendants up to the value of the
forfeitable property described above.
81
Case 1:20-cr-00296-JPB-AJB Document 135 Filed 07/13/21 Page 82 of 82
A BILL
c<c*~zi~”
~‘ FORFIPERSdN
KURT R. ERsKINE JOSEPH BEEMsTERB0ER
Acting United States Attorney Acting Chief Fraud Section
U.S. Department ofJustice
7~i Chz~ ~ 7)~944~
TAL C. CHAIKEN sijf MooRE
Assistant United States Attorney Trial Attorney, Fraud Section
Georgia Bar No. 273949 U.S. Department ofJustice
~az~1a~t- A~
NATHAN P. KITcHENs
Assistant United States Attorney
Georgia Bar No. 263930
600 U.S. Courthouse 1400 New York Aye, NW
75 Ted Turner Drive SW Bond Building, 11th Floor
Atlanta, GA 30303 Washington, DC 20005
404-581-6000; Fax: 404-581-6181 202-514-2000; Fax: 202-514-3708
82
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