Defendant's Amended Submission in Advance of Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 34)

Summary

Defendant's Amended Submission in Advance of Change of Plea Hearing in United States of America v. Cassie Will-Darnall, Case 5:24-cr-00292-PCP, Document 34, filed January 14, 2025, in the U.S. District Court for the Northern District of California. Ms. Will-Darnall intends to plead guilty to Counts One and Two of the filed Information at the change of plea hearing scheduled for January 15, 2025, at 10:00 a.m. The elements listed for Count One, bank fraud under 18 U.S.C. § 1344(2), refer to false statements to Lender 1; Count Two is wire fraud under 18 U.S.C. § 1343. In the factual basis she states that she falsely told Lender 1 that Alternative Health Services Inc. had ten employees and an average monthly payroll of $387,595.67, and told Lender 2 that Rosswood Properties LLC had 35 employees and an average monthly payroll of $816,551.

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

“Defendant's Amended Submission in Advance of Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 34).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-cand-430212-34-0-88ee96bb77/, SHA-256 850e457e0929426cfffb61dca578ade64e95ae465ddedb5854d07e2856a77f75.

Full text

            Case 5:24-cr-00292-PCP          Document 34         Filed 01/14/25   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
 4
     San Jose, CA 95113
 5   Telephone: (408) 291-7753
     Facsimile: (408) 291-7399
 6   Email:       Varell_Fuller@fd.org

 7
     Counsel for Defendant WILL-DARNALL
 8

 9
                                   IN THE UNITED STATES DISTRICT COURT
10
                             FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
                                                 SAN JOSE DIVISION
12

13
      UNITED STATES OF AMERICA,                              Case No. CR 24–00292 PCP
14
                      Plaintiff,                             DEFENDANT’S AMMENDED
15                                                           SUBMISSION IN ADVANCE OF
              v.                                             CHANGE OF PLEA HEARING
16
      CASSIE WILL-DARNALL,
17
                      Defendant.
18

19

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
                                                         1
            Case 5:24-cr-00292-PCP           Document 34        Filed 01/14/25     Page 2 of 4



 1   property from Lender 1 by making false statements or promises; (2) the defendant knew that the
 2   statements or promises were false; (3) the statements or promises were material; that is, they had a
 3   natural tendency to influence, or were capable of influencing, a financial institution to part with
 4   money or property; (4) the defendant acted with the intent to defraud; and (5) Lender 1 was federally
 5   insured.
 6         Maximum Penalties: (1) maximum prison term of 30 years; (2) maximum fine of $1 million;
 7   (3) 5 years of supervised release;(4) mandatory special assessment of $100; (5) loss of federal
 8   benefits; (6) potential deportation; (7) forfeiture.
 9   II.   Count Two
10         Charges: Wire Fraud in violation of 18 U.S.C. § 1343.
11         Elements: (1) the defendant knowingly participated in, devised, or intended to devise a scheme
12   or plan to defraud for the purpose of obtaining money or property by means of false or fraudulent
13   pretenses, representations, or promises; (2) the statements made as part of the scheme were material;
14   that is, they had a natural tendency to influence, or were capable of influencing, a person to part with
15   money or property; (3) the defendant acted with the intent to defraud, that is, the intent to deceive and
16   cheat; and (4) the defendant used, or caused to be used, an interstate wire communication to carry out
17   or attempt to carry out an essential part of the scheme.
18         Maximum Penalties: (1) maximum prison term of 20 years; (2) maximum fine of $250,000; (3)
19   3 years of supervised release; (4) mandatory special assessment of $100; (5) loss of federal benefits;
20   (6) potential deportation; (7) forfeiture.
21                                                FACTUAL BASIS
22         I agree that I am guilty of the offenses to which I am pleading guilty, and I agree that the
23   following facts are true:
24         Count 1
25         On or about May 20, 2020, in the Northern District of California, I submitted a PPP application
26   to Lender 1 as the sole partner of Alternative Health Services Inc., seeking a PPP loan of $968,989.
27   Lender 1 was a federally insured financial institution based in New Jersey that participated as an
28   SBA-approved PPP lender to small businesses. On the application, I falsely stated that Alternative

     DEFENDANT’S SUBMISSION RE: CHANGE OF PLEA
     WILL-DARNALL, CR 24–00292 PCP
                                                            2
            Case 5:24-cr-00292-PCP           Document 34        Filed 01/14/25       Page 3 of 4



 1   Health Services Inc. had ten employees and an average monthly payroll of $387,595.67 when the
 2   company had no employees and no payroll. I knew the statements I made to Lender 1 were false, and
 3   I made them with the intent to defraud.
 4         Based on the false information and supporting documentation I provided to Lender 1 in the PPP
 5   application, Lender 1 approved and funded the PPP loan. On or about May 20, 2020, $968,989 was
 6   transferred to the Rosswood LLC Wells Fargo account ending in 7528, an account which I controlled.
 7         Count 2
 8         On or about July 12, 2020, in the Northern District of California, I knowingly participated in a
 9   plan to defraud Lender 2 to obtain money or property through false or fraudulent representations.
10   Specifically, I submitted a PPP application to Lender 2 in my name as the CEO of Rosswood
11   Properties LLC, seeking a PPP loan of $1,650,500. Lender 2 was a non-bank lender based in
12   California that participated as an SBA-approved PPP lender to small businesses. I electronically
13   submitted the application and supporting documentation from California to the SBA through its
14   server in Virginia. On the application, I falsely stated that Rosswood Properties LLC had 35
15   employees and an average monthly payroll of $816,551 when the company had no employees and no
16   payroll. I made these false statements to Lender 2 with the intent to defraud. Based on the false
17   information and supporting documents I provided to Lender 2 in the Rosswood Properties LLC
18   application, Lender 2 approved and funded the PPP loan. On or about July 21, 2020, $1,864,565 was
19   transferred to the Rosswood LLC Wells Fargo account ending in 7528, an account which I controlled.
20                              WAIVER OF CONSTITUTIONAL RIGHTS
21         Ms. Will-Darnall understands that by pleading guilty, she gives up the following: the right to
22   persist in a plea of not guilty and the right to a speedy and public trial by jury; the right to have the
23   assistance of counsel at such a trial; the right to be presumed innocent and to have the government
24   bear the burden of proving guilt beyond a reasonable doubt; the right to confront and cross-examine
25   adverse witnesses; the right to testify on her own behalf and to present evidence, including the right
26   to call witnesses and to subpoena those witnesses to testify; and the right to remain silent and not be
27   compelled to testify and, if she chose not to testify or present evidence, not to have such a choice
28   used against her.

     DEFENDANT’S SUBMISSION RE: CHANGE OF PLEA
     WILL-DARNALL, CR 24–00292 PCP
                                                          3
            Case 5:24-cr-00292-PCP          Document 34     Filed 01/14/25      Page 4 of 4



 1

 2
          Dated:     January13, 2024                     Respectfully submitted,
 3
                                                         JODI LINKER
 4                                                       Federal Public Defender
                                                         Northern District of California
 5
                                                                   /S
 6                                                       VARELL L. FULLER
                                                         Assistant Federal Public Defender
 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

     DEFENDANT’S SUBMISSION RE: CHANGE OF PLEA
     WILL-DARNALL, CR 24–00292 PCP
                                                     4

File and source

File: gov.uscourts.cand.430212.34.0.pdf
Size: 125,609 bytes
SHA-256: 850e457e0929426cfffb61dca578ade64e95ae465ddedb5854d07e2856a77f75
Our copy: gov.uscourts.cand.430212.34.0.pdf
Original: No public link identified.