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Factual Basis for a Guilty Plea — No. 1:23-cr-00223 (Dkt. 34, M.D.N.C.)

Summary

A factual basis for a guilty plea filed March 25, 2024 as Document 34 in United States v. Chauncey Alexander Hollis, No. 1:23CR223-1, in the U.S. District Court for the Middle District of North Carolina, signed by U.S. Attorney Sandra J. Hairston and an Assistant U.S. Attorney. After describing the CARES Act, the Paycheck Protection Program and the Economic Injury Disaster Loan program, the government states that an EIDL application for Hollis House, Inc. claimed $380,000 in gross revenues and was approved for $134,900 with a $5,000 grant, although the business was never operational. It states that the SBA denied three other applications listing Hollis as owner, and that the proceeds funded the purchase of a 2017 Porsche Cayenne and two vacant pieces of land.

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“Factual Basis for a Guilty Plea — No. 1:23-cr-00223 (Dkt. 34, M.D.N.C.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/factual-basis-for-a-guilty-plea-no-1-23-cr-00223-dkt-34-m-d-n-c-3951138b1a/, SHA-256 394a2b5a591bde1e58eeaccdf58424e68326ac58d6c779137e7b8058cedc7e6d.

Full text

                IN THE UNITED STATES DISTRICT COURT

            FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


UNITED STATES OF AMERICA  :
                          :
           v.             :                      1:23CR223-1
                          :
CHAUNCEY ALEXANDER HOLLIS :


                   FACTUAL BASIS FOR A GUILTY PLEA

      NOW COMES the United States of America, by and through Sandra J.

Hairston, United States Attorney for the Middle District of North Carolina,

and states that the factual basis for a guilty plea is as follows:

           Background on CARES Act Relief and EIDL Program

      The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was

enacted in March 2020 and designed to provide emergency financial assistance

to the millions of Americans who were suffering negative economic effects

caused by the COVID-19 pandemic. One source of relief provided by the

CARES Act was the authorization of loans to small businesses for job retention

and certain other expenses, authorizing up to $349 billion in forgivable loans

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.

      Another source of relief was the Economic Injury Disaster Loan (“EIDL”)




      Case 1:23-cr-00223-TDS     Document 34     Filed 03/25/24   Page 1 of 9
program administered by the Small Business Administration (“SBA”). EIDL

loans were designed to help small businesses meet their working capital needs

– broadly defined as short-term business expenses, such as accounts payable

and interest on fixed debts.

      The CARES Act authorized the SBA to provide EIDLs of up to $2 million

to eligible small businesses experiencing substantial financial disruptions due

to the COVID-19 pandemic. In addition, the CARES Act authorized the SBA

to issue advances of up to $10,000 to small businesses within three days of

applying for an EIDL. The amount of the advance was determined by the

number of employees the applicant certified having. Businesses could receive

$1,000 per employee, up to $10,000. The advances did not have to be repaid.

      In order to obtain an EIDL and EIDL advance, a qualifying business was

required to submit an application to the SBA and provide information about

its operations, such as the number of employees, gross revenues for the 12-

month period preceding the disaster, and cost of goods sold in the 12-month

period preceding the disaster. In the case of EIDLs for COVID-19 relief, the

12-month period was that preceding January 31, 2020. The business entity

must have existed in an operational condition as of February 1, 2020. The

applicant was also required to certify that all of the information in the

application was true and correct to the best of the applicant’s knowledge.

      EIDL applications were submitted directly to the SBA and processed by

                                      2


      Case 1:23-cr-00223-TDS   Document 34    Filed 03/25/24   Page 2 of 9
the agency with support from a government contractor. The amount of the loan,

if the application was approved, was based, in part, on the information

provided by the application about employment, revenue, and cost of goods, as

described above. Any funds issued under an EIDL or advance were issued

directly by the SBA.

      Pursuant to the provisions governing the EIDL program, loan proceeds

had to be used on certain permissible expenses. More specifically, the EIDL

funding had to be used by the business to pay fixed debts, payroll, accounts

payable, and other bills that could have been paid had the COVID-19 disaster

not occurred.

                          Background Information

      The defendant, Chauncey Alexander Hollis, was married to Michelle

Renee Hollis. Chauncey was incarcerated in California between around August

2016 and April 2023. During his time in prison, Chauncey was sanctioned

numerous times for having cell phones.

      Records from the North Carolina Secretary of State reflect that Michelle

filed Articles of Incorporation for Hollis House, Inc. on March 2, 2020. On the

filing, Michelle is listed as the Chief Executive Officer and the principal office

address is Michelle’s home address in Winston-Salem, North Carolina. On

March 3, 2020, Michelle opened a business checking account at Wells Fargo,

account ending in 2895, with an initial deposit of $25. In opening the account,

                                        3


      Case 1:23-cr-00223-TDS    Document 34     Filed 03/25/24   Page 3 of 9
Michelle listed herself as the “Key Executive with Control of the Entity.”

                             Hollis House EIDL

      On July 5, 2020, someone submitted an online application for an EIDL

from an internet protocol (IP) address in California. The application listed the

business as Hollis House and the owner of the business as Michelle.

      The application further described the business as a catering business

with five employees that had been in business since October 10, 2019. The

application fraudulently claimed that Hollis House had $380,000 in gross

revenues and $100,000 in cost of goods sold for the twelve months before the

disaster—i.e., January 31, 2019 to January 31, 2020. The application included

two email addresses: mhollis414@yahoo.com was listed as the business email

address and hchauncey1971@gmail.com was listed as the “primary contact”

email. Subscriber information reflects that the hchauncey1971 account is

registered to a Chauncey Hollis.

      The SBA sent the EIDL authorization and agreement to the

hchauncey1971 email account, and on July 6, 2020, the agreement was

electronically signed with the name “Michelle Hollis.” The SBA, in reliance on

the fraudulent application, approved the loan application for $134,900, with

an associated grant of $5,000. In reality, Hollis House was never an operational

business.



                                       4


      Case 1:23-cr-00223-TDS    Document 34    Filed 03/25/24   Page 4 of 9
                          Denied EIDL Applications

      Meanwhile, the SBA received three EIDL applications for loans where

Chauncey was listed as the business owner. Chauncey’s first application,

submitted on July 6, 2020, was for a business called “Hollis Security.” The

application described the business as a transportation company with ten

employees and gross revenues of $125,000.1 Chauncey’s second and third

applications, submitted on July 7, 2020, and July 8, 2020, respectively, were

for businesses called “Chauncey Hollis.” The second application described the

business as a “barber/hairstylist” with eight employees, and the third

application descried the business as an agriculture business with eight

employees. Each of the three applications included a financial account opened

in Chauncey’s name for deposit of the loan proceeds. None of the

aforementioned businesses existed; and the SBA ultimately denied each of the

applications.

                       Receipt and Use of EIDL funds

      On July 8, 2020, the SBA deposited the loan of $134,900 and a grant of

$5,000 into Michelle’s Wells Fargo account ending in 2895 for the Hollis House

EIDL. The day before the EIDL funds were deposited, the ending balance of

the account was $1,090.86. In July 2020, only three other deposits were made



1 The IP address that was used to submit the Hollis Security EIDL application is the

same IP address that was used to signed the Hollis House EIDL documents.
                                         5


      Case 1:23-cr-00223-TDS     Document 34     Filed 03/25/24   Page 5 of 9
into the account ending in 2895 after the EIDL funds were deposited. The

other deposits were on July 17, 2020 for $230.88, July 27, 2020 for $0.01, and

July 31, 2020 for $221.64. The descriptions indicated that the deposits were

for Michelle’s payroll from a third-party. After the money was received,

Michelle and Chauncey used the fraudulently obtained EIDL proceeds on

personal purchases.

      Purchase of Porsche: On July 10, two days after the EIDL proceeds

were deposited, Michelle withdrew $50,000 in cash from the account ending in

2895. The next day, Michelle purchased a 2017 Porsche Cayenne at Foreign

Cars Italia in Greensboro. Michelle placed a cash down payment of $26,200

and signed a credit application to finance the remaining balance. On the credit

application, Michelle listed her employment as a nursing assistant and “other

income” in the amount of $9,600 annual as a nursing assistant. The application

did not include any income generated from Hollis House, Inc.

      Land purchases: On July 10, 2020, Chauncey and Michelle purchased

two vacant pieces of land in California. First, on July 10, Michelle initiated a

wire transfer of $9,895 from the account ending in 2895 to an account for

“Landco Investments, Inc.” Internal Revenue Service-Criminal Investigations

(IRS-CI) Special Agent Purgason obtained records from Landco which reflect

the payment was for the sale of vacant land in San Bernadino County,

California. Chauncey Hollis was listed as the buyer on the sale agreement.

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      Case 1:23-cr-00223-TDS    Document 34    Filed 03/25/24   Page 6 of 9
Landco also provided copies of email communications with an email address

bighit2018@gmail.com, in which the writer stated, “My wife has an

appointment with wells Fargo tomorrow at 2 PM eastern time in Which the

funds will be transferred.”

      Similarly, and on the same day, Michelle initiated a wire transfer of

$3,000 from the account ending in 2895 to an account for “ATR Real Property.”

Records from ATR Real Property show that on July 8, 2020, Chauncey emailed

and inquired about a piece of land in Bridgeport, California, asking “what’s the

lowest you will take.” On July 9, 2020, Chauncey emailed ATR Real Property

in reply to the sales agreement:

      Sorry for the delay. I will have this signed and returned this
      morning. Please send the necessary paperwork with the
      information to send the money.my wife had an appointment with
      wells Fargo around 2pm eastern time so that’s 11am. Pacific time
      in wich [sic] the money will be sent where ever u want.

The sale agreement lists Chauncey Hollis as the buyer and M.R., on behalf of

ATR Property Holdings, as the seller.

      This the 25th day of March, 2024.

                                    Respectfully submitted,

                                    SANDRA J. HAIRSTON
                                    United States Attorney

                                    /S/ ASHLEY E. WAID
                                    Assistant United States Attorney
                                    NCSB #52441
                                    United States Attorney’s Office

                                        7


      Case 1:23-cr-00223-TDS    Document 34    Filed 03/25/24   Page 7 of 9
                             Middle District of North Carolina
                             101 S. Edgeworth St., 4th Floor
                             Greensboro, NC 27401
                             Phone: 336/333-5351




                               8


Case 1:23-cr-00223-TDS   Document 34   Filed 03/25/24   Page 8 of 9
                         CERTIFICATE OF SERVICE
      I hereby certify that on March 25, 2024, the foregoing was electronically

filed with the Clerk of the Court using the CM/ECF system, which will send

notification of such filing to counsel of record:

      James D. Byers, Esq.


                                      Respectfully submitted,

                                      SANDRA J. HAIRSTON
                                      United States Attorney


                                      /S/ ASHLEY E. WAID
                                      Assistant United States Attorney
                                      NCSB #52441
                                      United States Attorney’s Office
                                      Middle District of North Carolina
                                      101 S. Edgeworth St., 4th Floor
                                      Greensboro, NC 27401
                                      Phone: 336/333-5351




      Case 1:23-cr-00223-TDS     Document 34        Filed 03/25/24   Page 9 of 9


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