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Affidavit in Support of an Application for a Criminal Complaint — United States v. Argires (Document 1)

Summary

Affidavit supporting a criminal complaint, Document 1 filed on 07/09/20 in TXSD, Case 4:21-cr-00275, sworn by U.S. Postal Inspector Kyle Shadowens. It states probable cause for the arrest of Joshua Argires for offenses in the Southern District of Texas between April 2020 and the present: false statements to a financial institution, wire fraud, bank fraud, and engaging in prohibited monetary transactions. It states that Texas Barbecue does not appear to have any employees, that no funds were withdrawn from its Coinbase account, and that the Bank 1 PPP loan was funded in the amount of $160,657. It also quotes Argires telling a Credit Union 1 representative that he believes Coinbase pays out employees, a statement the affidavit calls inaccurate.

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

Cite this document

“Affidavit in Support of an Application for a Criminal Complaint — United States v. Argires (Document 1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crim-txsd-4-21-cr-00275-u-s-v-joshua-thomas-argires-doc1-complaint-c2028f8c6b/, SHA-256 f81fba4edad5977466992cd2dae54c360a1c2309e288d9c84010e8bfd2c3d58a.

Full text

Case 4:21-cr-00275 Document 1 Filed on 07/09/20 in TXSD Page 1 of 15
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 AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR A CRIMINAL COMPLAINT

       I, U.S. Postal Inspector Kyle Shadowens, being first duly sworn, state:

                                        INTRODUCTION

       1.      I make this affidavit in support of a criminal complaint establishing probable cause

for the arrest of Joshua ARGIRES for committing the following offenses in the Southern District

of Texas between April 2020 and the present:

            a. 18 U.S.C. § 1014, False Statements to a Financial Institution;

            b. 18 U.S.C. § 1343, Wire Fraud;

            c. 18 U.S.C. § 1344, Bank Fraud; and

            d. 18 U.S.C. § 1957, Engaging in Prohibited Monetary Transactions.

       2.      As described below, there is probable cause to believe that ARGIRES committed

the above-listed offenses in connection with a bank and wire fraud scheme targeting the Paycheck

Protection Program, a program created to address the economic fallout of the COVID-19 pandemic

by providing forgivable loans to small businesses.

                                   AGENT BACKGROUND

       3.      I am employed as a federal law enforcement officer by the United States Postal

Inspection Service. I have been employed as a federal law enforcement officer since 2013, and I

am currently assigned to the Financial Crimes/Mail Fraud team in the Houston Division of the

United States Postal Inspection Service. I am responsible for conducting and have conducted many

investigations into fraud, identity theft, and related "white collar" offenses. I have been licensed

as an attorney by the State Bar of Texas since 2010, and I am a Certified Fraud Examiner. I have

received training in how to investigate numerous Postal crimes, but primarily those involving
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identity theft, mail fraud, wire fraud, bank fraud, and related "white collar" offenses. I am

authorized to obtain and execute Federal Arrest and Search Warrants.

       4.      The information presented in this affidavit is based on my own personal

investigation and the investigation of other law enforcement officers, which was communicated to

me orally or via written communication. The facts set forth do not constitute all that has been

learned in the course of the investigation but only enough to establish that probable cause exists

for the issuance of a complaint and arrest warrant for ARGIRES.

  OVERVIEW OF THE SCHEME AND THE PAYCHECK PROTECTION PROGRAM

                         Overview of the Paycheck Protection Program

       5.      The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a federal

law enacted in or around March 2020 and designed to provide emergency financial assistance to

the millions of Americans who are suffering the economic effects caused by the COVID-19

pandemic. One source of relief provided by the CARES Act was the authorization of up to $349

billion in forgivable loans to small businesses for job retention and certain other expenses, through

a program referred to as the Paycheck Protection Program ("PPP"). In or around April 2020,

Congress authorized over $300 billion in additional PPP funding.

       6.      In order to obtain a PPP loan, a qualifying business must submit a PPP loan

application, which is signed by an authorized representative of the business. The PPP loan

application requires 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) must

state, among other things, its: (a) average monthly payroll expenses; and (b) number of employees.

These figures are used to calculate the amount of money the small business is eligible to receive




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under the PPP. In addition, businesses applying for a PPP loan must provide documentation

showing their payroll expenses.

       7.      A PPP loan application must be processed by a participating lender. If a PPP loan

application is approved, the participating lender funds the PPP loan using its own monies, which

are 100% guaranteed by Small Business Administration (SBA). Data from the application,

including information about the borrower, the total amount of the loan, and the listed number of

employees, is transmitted by the lender to the SBA in the course of processing the loan.

       8.      PPP loan proceeds must be used by the business on certain permissible expenses

payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal

on the PPP loan to be entirely forgiven if the business spends the loan proceeds on these expense

items within a designated period of time after receiving the proceeds and uses a certain amount of

the PPP loan proceeds on payroll expenses.

                    Background ofARGIRES and Overview of the Scheme

       9.      ARGIRES is a resident of the Houston metropolitan area, in the Southern District

of Texas. In or about April 2020, ARGIRES submitted two materially false loan applications to

financial institutions in order to wrongfully obtain funds from the PPP program.           On both

applications, ARGIRES claimed that the business entities seeking the loans had numerous

employees and significant payroll expenses. However, neither entity had any employees, and

neither paid any wages. Because of these misrepresentations, ARGIRES was able to obtain over

$1.1 million in PPP loan funds that he would not have been provided had he been truthful.

                     Relevant Financial Institutions and Related Entities

       10.     Credit Union 1 is a federally insured financial institution and a member of the

federal home loan bank system. Credit Union 1 is an approved SBA lender and has participated




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as a lender in the PPP. Credit Union 1 received a PPP loan application on behalf of Texas

Barbecue, LLC ("Texas Barbecue").

       11.      Bank 1 is a federally insured financial institution. Bank 1 is an approved SBA

lender and has participated as a lender in the PPP. Bank 1 received a PPP loan application on

behalf of Houston Landscaping, LLC ("Houston Landscaping").

                         The PPP Loan Application to Credit Union 1

                             Background Relating to the Application

       12.      According to information received by Credit Union 1, on or shortly after April 20,

2020, a PPP loan application was submitted to Credit Union 1 on behalf of Texas Barbecue

("Credit Union 1 PPP Application"). This application requested a PPP loan in the amount of

$956,250.

       13.      The Credit Union 1 PPP Application identified Joshua ARGIRES as the 51% owner

of Texas Barbecue.

             False and Suspicious Statements on the Credit Union 1 PPP Application

       14.      Investigation has revealed that numerous statements on the Credit Union 1 PPP

Application appear to be false and suspicious.

       15.      On the Credit Union 1 PPP Application, the applicant claims that Texas Barbecue

has 51 employees and an average monthly payroll of $382,500. However, investigation indicates

Texas Barbecue actually has no employees, no payroll, and no revenue.

       16.      By rule, Texas employers must submit reports of wages paid to the Texas

Workforce Commission ("TWC"). Employers in Texas must also provide information about

newly hired workers to the TWC within 20 days of hiring. Further, all Texas employers must




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establish an unemployment tax account with the TWC. State law requires that employers in Texas

pay unemployment tax on each eligible employee.

       17.     Records from the TWC indicate that Texas Barbecue has never reported any wages

for any employee. These records also show that Texas Barbecue has never reported a hire, nor has

Texas Barbecue ever paid any unemployment tax. These facts lead investigators to believe that

Texas Barbecue has never paid any wages to anyone and has never hired an employee.

       18.     Additionally, records were obtained from the Texas Comptroller of Public

Accounts ("Texas Comptroller") relating to Texas Barbecue. Texas Barbecue submitted annual

franchise tax reports to the Texas Comptroller for calendar years 2016, 2017, and 2018. In all

three years, Texas Barbecue's annual revenue was reported as zero dollars. No annual franchise

tax report has yet been filed for calendar year 2019.

       19.     Furthermore, investigators have not been able to find any evidence of any business

activity by Texas Barbecue. In fact, Texas Barbecue did not have a known bank account until

approximately May 4, 2020, which is after the date on which the Credit Union 1 PPP Loan

Application was approved. To date, the only deposit into that account has been the PPP loan itself.

There is no evidence of any business activity being conducted via that account.

       20.     Texas Barbecue appears to have a very limited online presence. The entity has a

website, txbarbecue.com, which lists some general information about Texas Barbecue's putative

products for sale. The website has an online purchasing portal, but when a user tries to access it,

the website states that "our online store is currently closed due to the COVID-19 pandemic." The

website also states "new locations opening soon!" but provides no address or details about any

business locations. In fact, the only address listed is a post office box on Richmond Avenue,

discussed in paragraphs 22 and 24, below. Although the website is operational, it provides very




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few details about Texas Barbecue's purported business operations. Additionally, investigators

were not able to identify any reviews or comments about Texas Barbecue on any online platforms.

Such online reviews are common for operational barbecue entities.

        21.     ARGIRES also holds personal checking and savings accounts at Credit Union 1.

Between December 2019 and June 2020, the balance of ARGIRES' personal checking account

never exceeded $750, and the highest balance in ARGIRES' personal savings account was $1,525.

There are no transactions in either of ARGIRES' accounts that appear to relate to Texas Barbecue

in any way. These modest balances and the lack of account activity are improbable for an

individual who claims to be a 51 % owner in a company with monthly payroll expenses of

$382,500.

        22.    Additionally, the average monthly payroll $382,500 for 51 employees equates

to average wages of $7,500 per month, or $90,000 annually, per employee. Such a high average

salary for a barbecue operation raises further suspicion.

        23.    The Credit Union 1 PPP loan application lists a business address of 1319 Richmond

Avenue, Unit 667573, Houston, Texas 77006. The 1319 Richmond Avenue address corresponds

to a post office. Unit 667573 is a post office box inside that post office.

       24.     This post office box is the only address claimed for Texas Barbecue. Even so, the

Credit Union 1 PPP Application states that two purposes of the PPP loan are "lease/mortgage

interest" and "utilities." But investigation indicates that Texas Barbecue does not have a physical

business location, and therefore, has no lease, mortgage interest, or utilities to pay.

       25.     Postal records indicate that post office box 667573 is used by ARGIRES in his

personal capacity, is listed by ARGIRES as the business address for certain other entities in

addition to Texas Barbecue, and is also used by an associate of ARGIRES.




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               Disbursement and Use of the PPP Loan Funds from Credit Union 1

        26.      The Credit Union 1 PPP loan was in fact funded. But at the time the loan was

approved, Texas Barbecue did not have a bank account.

        27.      On May 4, 2020, ARGIRES opened a business account on behalf of Texas

Barbecue, also at Credit Union 1. On May 8, 2020, the newly established Texas Barbecue account

received a PPP loan deposit of $956,600. 1 This was the first deposit into the Texas Barbecue

business account, and it remains the only deposit into that account to date.

        28.      On or about May 17, 2020, ARGIRES opened a cryptocurrency account in the name

of Texas Barbecue at Coinbase, Inc. ("Coinbase"). Coinbase is an online platform that allows

account holders to buy and sell cryptocurrencies, such as Bitcoin and Ethereum. Coinbase account

holders can also store cryptocurrencies and United States dollars in their account "wallets," which

function essentially like traditional bank accounts. Funds can be securely stored in these wallets

and can also be transferred into or out of these wallets.

        29.      The user of the Texas Barbecue Coinbase account is listed as ARGIRES.

        30.      No business address is provided for Texas Barbecue in the Coinbase account.

        31.      For the Coinbase account, ARGIRES listed his birthday as January 1, 1970, which

is false. He was born in 1991.

        32.      Beginning on May 19, 2020, ARGIRES began a series of transactions, ultimately

resulting in the transfer of $956,250 into the Texas Barbecue Coinbase account. ARGIRES

accomplished this through a series of five identical wire transfers.

        33.      First, on May 19, 2020, ARGIRES instructed Credit Union 1 to send a wire transfer

of $191,250 from Texas Barbecue's Credit Union 1 account to Texas Barbecue's Coinbase


1 Although the Credit Union I PPP Application requested a loan of $956,250, Credit Union I funded the loan in the
amount of$956,600.


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account. Credit Union 1 did as ARGIRES directed. This transfer was followed by four other wire

transfers in the same amount, each executed approximately one week apart. Specifically, the

additional transfers of $191,250 between Texas Barbecue's Credit Union 1 account to Texas

Barbecue's Coinbase account occurred on or about May 26, 2020; June 2, 2020; June 9, 2020; and

June 18, 2020. These five transfers collectively totaled $956,250.

       34.     Account records reveal that as of June 30, 2020, the $956,250 amount remains in

the Coinbase account. Some of this money appears to have been invested in cryptocurrency, which

generated a profit. No funds were transferred out of the Coinbase account.

       35.     For each of the five wire transfers discussed above, ARGIRES had to call Credit

Union 1 to verbally request the wire transfer and to provide necessary account information. In two

of these calls, which were recorded, ARGIRES made statements to Credit Union 1 representatives

about the use of the funds in the Coinbase account. These statements appear inconsistent with

ARGIRES' actual use of this money.

       36.     For example, during one of these calls, ARGIRES stated that the $191,250 amount

was "for two weeks payroll," but there is no indication that this money was used for payroll

expenses. First, as described above, Coinbase is a cryptocurrency exchange and storage platform.

While Coinbase does permit business accounts, it does not provide payroll services. Second, no

funds were ever withdrawn from the Coinbase account, as would be necessary if the funds were

used for payroll. Third, as explained above, Texas Barbecue does not appear to have any

employees and thus has no payroll expenses.

       37.    In another call, a Credit Union 1 representative asked ARGIRES his opinion of

Coinbase. ARGIRES responded, "I don't really manage that aspect of it, but I believe it pays out

employees, like, through that." This statement appears inaccurate. Evidence indicates that




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ARGIRES has exclusive control of the Coinbase account. Indeed, ARGIRES is the sole user

associated with the account, and there is no indication that anyone else manages this account for

him. Additionally, the internet protocol address associated with several of the Coinbase account

transactions appears to be associated with a physical location in or very near to a residence in

Southwest Houston that investigators believe is associated with ARGIRES.           Furthermore,

ARGIRES' suggestion that the Coinbase account is used to pay employees appears false, as no

funds were withdrawn from the account, but instead remained under ARGIRES' control. Also, as

mentioned above, Texas Barbecue has no known employees.

                            The PPP Loan Application to Bank 1

                           Background Relating to the Application

       38.    According to information received by Bank 1, in approximately early April 2020,

a PPP loan application was submitted to Bank 1 on behalf of Houston Landscaping ("Bank 1 PPP

Application"). It appears that the Bank 1 PPP Application requested a loan in the amount of

$481,875.

       39.    The Bank 1 PPP Application identified ARGIRES as the authorized representative

of Houston Landscaping.

               False and Suspicious Statements on the Bank 1 PPP Application

       40.    Investigation has revealed that numerous statements made in connection with the

Bank 1 PPP Application appear to be false and suspicious.

       41.    As part of the Bank 1 PPP Application package, ARGIRES informed Bank 1 that

Houston Landscaping's average monthly payroll was $192,750.




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       42.     Records received from Texas state entities indicate that Houston Landscaping in

fact has no employees, no payroll, and insufficient annual revenue to cover even one month of the

claimed payroll expenses.

       43.     As discussed in paragraph 15, above, employers in Texas must provide wage

reports, give information about new hires, and pay unemployment tax to the TWC. Records from

the TWC indicate that Houston Landscaping has never reported any wages for any employee.

These records also show that Houston Landscaping has never reported a hire, nor has Houston

Landscaping ever paid any unemployment tax. These facts cause investigators to believe that

Houston Landscaping has never paid any wages to anyone and has never hired an employee.

       44.     Additionally, records were obtained from the Texas Comptroller relating to

Houston Landscaping. Houston Landscaping submitted annual franchise tax reports to the Texas

Comptroller for calendar years 2017 and 2018. In 2017, Houston Landscaping reported zero

dollars in revenue. In 2018, Houston Landscaping reported total revenue of $154,000. No annual

franchise tax report has yet been filed for calendar year 2019.

       45.     As mentioned above, ARGIRES informed Bank 1 that Houston Landscaping had

average monthly payroll expenses of $192,750.         Accordingly, Houston Landscaping's total

reported revenue for calendar year 2018 would be insutlicient to cover even one month of Houston

Landscaping's purported payroll expenses.

       46.     Several supporting documents submitted to Bank 1 in connection with the Bank 1

PPP Application also bear indicia of fraud. For instance, the applicant submitted three IRS Forms

941, which are quarterly federal unemployment tax returns. These returns are all in the name of

Houston Landscaping. They are dated April 15, 2019; July 15, 2019; and April 15, 2020. Based




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on these dates, investigators believe that the Forms 941 pertain to the first quarter of 2019, the

second quarter of 2019, and the first quarter of 2020, respectively.

       47.     Each of these Forms 941 indicates that Houston Landscaping has 15 employees.

However, as identified above, Texas state records indicate that Houston Landscaping has never

actually hired a single employee.

       48.     The Forms 941 also list the total quarterly wages purportedly paid by Houston

Landscaping. The Form 941 dated April 15, 2019, states that Houston Landscaping paid wages to

its 15 employees in the amount of $182,428.55. The Form 941 dated July 15, 2019, claims the

same number of employees but lists total quarterly wages of $588,724.69. The Form 941 dated

April 15, 2020, identified total wages for the 15 employees as $121,282.23. There appear to be

no Forms 941 for the third or fourth quarters of 2019.

       49.     Investigators believe that the extreme variance in reported wages is suspicious.

Although the putative total number of employees remained steady at 15, the wages claimed in the

second quarter of 2019 are more than triple the wages in the first quarter of 2019 and more than

quadruple the wages in the first quarter of 2020.

       50.     The average monthly payroll claimed on behalf of Houston Landscaping in the

Bank 1 PPP Application appears unreasonable. Total wages of $192,750 for 15 employees result

in average monthly pay of $12,850 per employee, or an average annual salary of $154,200.

Investigators believe that such high salaries for a landscaping company are extremely unlikely.

       51.     Furthermore, as part of the Bank 1 PPP Application, the applicant also provided an

IRS Form 940, which is an employer's annual federal unemployment tax return, in the name of

Houston Landscaping. This Form 940 pertains to tax year 2019. The 2019 Form 940 lists Houston

Landscaping's total annual payments to its employees as $771,153.24.




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       52.     This reported annual payment amount is inconsistent with the average monthly

payroll expenses claimed as part of the Bank 1 PPP Application. Total annual payments to

employees of$771,153.24 would result in average monthly payments to employees of$64,262.77.

This is approximately one-third of the average monthly wages of $192,750 claimed by the

applicant as part of the Bank 1 PPP Application.

       53.     The Forms 941 and Form 940 all list the address for Houston Landscaping as 1319

Richmond Avenue, Unit 667573, Houston, Texas 77006. As detailed in paragraphs 22 and 24,

above, this address pertains not to a business location, but to a post office box used by ARGIRES,

several business entities connected to ARGIRES, and an associate of ARGIRES.

       54.     Furthermore, investigators have reviewed bank records pertaining to a business

checking account at Bank 1 in the name ofHouston Landscaping. ARGIRES is the only authorized

signor on the account. For the entire calendar year of 2019, this account received approximately

$114,000 in deposits. Many of these deposits appear to be transfers into the account made by

ARGIRES himself. Additionally, in the first three months of 2020, the Houston Landscaping

business account received total deposits of$17,478. These deposits are extremely low for an entity

claiming monthly payroll expenses of$192,750 indeed, these deposits are less than one-tenth of

the claimed monthly payroll amount.

       55.     There is little indication of any potential wages paid out of the Houston

Landscaping bank account to any employees. It does not appear that any regular payroll payments

were made from this account at all. There are very few debits from the account in 2019 or 2020

that could even potentially serve as payments to individuals.

       56.     Investigators also reviewed bank records for a personal checking account at Bank

1 in ARGIRES' name. ARGIRES is the only authorized signor on the account. Between April 28




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and June 24, 2020, ARGIRES received five payments totaling $10,098 from the TWC, all labeled

as unemployment insurance. ARGIRES reported that his most recent employer was Greater

Houston Landscaping, LLC. Texas state records indicate that Greater Houston Landscaping, LLC,

is an entirely different entity from Houston Landscaping. ARGIRES has no known ownership

interest in or current affiliation with Greater Houston Landscaping, LLC.

                 Disbursement and Use of the PPP Loan Funds from Bank 1

       57.     The Bank 1 PPP loan was ultimately funded in the amount of$160,657. These PPP

loan funds were deposited into Houston Landscaping's business account on or about May 1, 2020.

       58.     Investigators reviewed Houston Landscaping's bank records through the date of

June 29, 2020. Between May 1, 2020 and June 29, 2020, there appear to have been no wage

payments made from that account. Investigators were unable to identify any transactions for

payroll expenses, mortgage interest payments, lease payments, or utilities, which constitute the

only allowable use of PPP loan proceeds. Some debits were in fact made from the account during

this period, but none of these appear to relate to any permissible PPP purposes.

       59.     Additionally, in June 2020, a series of ATM withdrawals was made from the

Houston Landscaping business account. On or about June 14, 2020, a withdrawal of $1,000 was

made from an ATM in Houston. Thereafter, five additional ATM withdrawals occurred, each for

$1,500, and each at ATMs in Houston. These withdrawals appear to have taken place on or about

June 18, June 21, June 25, June 26, and June 27, 2020.

       60.     As of June 29, 2020, approximately $152,156.80 remained m the Houston

Landscaping business account at Bank 1.




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