Defendant's Submission in Advance of Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 32)
Summary
Defendant's Submission in Advance of Change of Plea Hearing in United States of America v. Cassie Will-Darnall, Case 5:24-cr-00292-PCP, Document 32, filed January 13, 2025, in the U.S. District Court for the Northern District of California. It notifies the Court that Ms. Will-Darnall intends to plead guilty to Counts One and Two of the filed Information at a hearing scheduled for January 15, 2025, at 10:00 a.m. The submission lists Count One as bank fraud under 18 U.S.C. § 1344(2) and Count Two as wire fraud under 18 U.S.C. § 1343, with elements and maximum penalties. In the factual basis she states that on or about May 20, 2020 she submitted a PPP application seeking $968,989 and on or about July 12, 2020 a second seeking $1,650,500, each with false statements about employees and payroll.
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“Defendant's Submission in Advance of Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 32).”
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Case 5:24-cr-00292-PCP Document 32 Filed 01/13/25 Page 1 of 4
1 JODI LINKER, Bar No. 230273
Federal Public Defender
2 Northern District of California
VARELL L. FULLER, Bar No. 202680
3 Assistant Federal Public Defender
55 South Market Street, Suite 820
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San Jose, CA 95113
5 Telephone: (408) 291-7753
Facsimile: (408) 291-7399
6 Email: Varell_Fuller@fd.org
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Counsel for Defendant WILL-DARNALL
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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UNITED STATES OF AMERICA, Case No. CR 24–00292 PCP
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Plaintiff, DEFENDANT’S SUBMISSION IN
15 ADVANCE OF CHANGE OF PLEA
v. HEARING
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CASSIE WILL-DARNALL,
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Defendant.
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20 INTRODUCTION
21 Defendant Cassie Will-Darnall respectfully notifies the Court that she intends to change her
22 plea to guilty at the change of plea hearing scheduled for January 15, 2025, at 10:00 a.m.
23 Specifically, Ms. Will-Darnall intends to enter a guilty plea to Counts One and Two of the filed
24 Information.
25 CHARGES, ELEMENTS, AND PENALTIES
26 I. Count One
27 Charges: Bank Fraud in violation of 18 U.S.C. § 1344(2)
28 Elements: (1) the defendant knowingly carried out a scheme or plan to obtain money or
DEFENDANT’S SUBMISSION RE: CHANGE OF PLEA
WILL-DARNALL, CR 24–00292 PCP
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Case 5:24-cr-00292-PCP Document 32 Filed 01/13/25 Page 2 of 4
1 property by making false statements or promises; (2) the defendant knew that the statements or
2 promises were false; (3) the statements or promises were material; that is, they had a natural tendency
3 to influence, or were capable of influencing, a financial institution to part with money or property; (4)
4 the defendant acted with the intent to defraud; and (5) the financial institution was federally insured.
5 Maximum Penalties: (1) maximum prison term of 30 years; (2) maximum fine of $1 million;
6 (3) 5 years of supervised release; (4) mandatory special assessment of $100; (5) loss of federal
7 benefits; (6) potential deportation; (7) forfeiture.
8 II. Count Two
9 Charges: Wire Fraud in violation of 18 U.S.C. § 1343.
10 Elements: (1) the defendant knowingly participated in, devised, or intended to devise a scheme
11 or plan to defraud for the purpose of obtaining money or property by means of false or fraudulent
12 pretenses, representations, or promises; (2) the statements made as part of the scheme were material;
13 that is, they had a natural tendency to influence, or were capable of influencing, a person to part with
14 money or property; (3) the defendant acted with the intent to defraud, that is, the intent to deceive and
15 cheat; and (4) the defendant used, or caused to be used, an interstate wire communication to carry out
16 or attempt to carry out an essential part of the scheme.
17 Maximum Penalties: (1) maximum prison term of 20 years; (2) maximum fine of $250,000; (3)
18 3 years of supervised release; (4) mandatory special assessment of $100; (5) loss of federal benefits;
19 (6) potential deportation; (7) forfeiture.
20 FACTUAL BASIS
21 I agree that I am guilty of the offenses to which I am pleading guilty, and I agree that the
22 following facts are true:
23 Count 1
24 On or about May 20, 2020, in the Northern District of California, I submitted a PPP application
25 to Lender 1 as the sole partner of Alternative Health Services Inc., seeking a PPP loan of $968,989.
26 Lender 1 was a federally insured financial institution based in New Jersey that participated as an
27 SBA-approved PPP lender to small businesses. On the application, I falsely stated that Alternative
28 Health Services Inc. had ten employees and an average monthly payroll of $387,595.67, when the
DEFENDANT’S SUBMISSION RE: CHANGE OF PLEA
WILL-DARNALL, CR 24–00292 PCP
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Case 5:24-cr-00292-PCP Document 32 Filed 01/13/25 Page 3 of 4
1 company had no employees and no payroll. I made these false statements to Lender 1 with the intent
2 to defraud.
3 Based on the false information and supporting documentation I provided to Lender 1 in the PPP
4 application, Lender 1 approved and funded the PPP loan. On or about May 20, 2020, $968,989 was
5 transferred to the Rosswood LLC Wells Fargo account ending in 7528, an account which I controlled.
6 Count 2
7 On or about July 12, 2020, in the Northern District of California, I submitted a PPP application
8 to Lender 2 in my name as the CEO of Rosswood Properties LLC, seeking a PPP loan in the amount
9 of $1,650,500. Lender 2 was a non-bank lender based in California that participated as an SBA-
10 approved PPP lender to small businesses. I electronically submitted the application and supporting
11 documentation from California to the SBA through its server in Virginia. I made these false
12 statements to Lender 2 with the intent to defraud.
13 On the application, I falsely stated that Rosswood Properties LLC had 35 employees and an
14 average monthly payroll of $816,551, when the company had no employees and no payroll. Based on
15 the false information and supporting documents I provided to Lender 2 in the Rosswood Properties
16 LLC application, Lender 2 approved and funded the PPP loan. On or about July 21, 2020,
17 $1,864,565 was transferred to the Rosswood LLC Wells Fargo account ending in 7528, an account
18 which I controlled.
19 WAIVER OF CONSTITUTIONAL RIGHTS
20 Ms. Will-Darnall understands that by pleading guilty, she gives up the following: the right to
21 persist in a plea of not guilty and the right to a speedy and public trial by jury; the right to have the
22 assistance of counsel at such a trial; the right to be presumed innocent and to have the government
23 bear the burden of proving guilt beyond a reasonable doubt; the right to confront and cross-examine
24 adverse witnesses; the right to testify on her own behalf and to present evidence, including the right
25 to call witnesses and to subpoena those witnesses to testify; and the right to remain silent and not be
26 compelled to testify and, if she chose not to testify or present evidence, not to have such a choice
27 used against her.
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DEFENDANT’S SUBMISSION RE: CHANGE OF PLEA
WILL-DARNALL, CR 24–00292 PCP
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Case 5:24-cr-00292-PCP Document 32 Filed 01/13/25 Page 4 of 4
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Dated: January13, 2024 Respectfully submitted,
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JODI LINKER
4 Federal Public Defender
Northern District of California
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/S
6 VARELL L. FULLER
Assistant Federal Public Defender
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