Indictment — United States v. Jamie McGowen, Case 3:22-cr-00360 (District of Oregon)

Summary

Indictment filed 10/12/22 in United States v. Jamie McGowen, Case 3:22-cr-00360, U.S. District Court for the District of Oregon, Portland Division; the caption cites 18 U.S.C. §§ 1343, 1344, 1957 and Forfeiture Allegations. It alleges that Jamie McGowen was the 100% owner of Salem Outsourcing, Inc., which calculated payroll and employment taxes for Al's Trailer Sales of Salem Inc. Count 1 (Wire Fraud, 18 U.S.C. § 1343) alleges retained income and payroll taxes of approximately $92,028, $328,739 and $284,846 for 2016, 2017 and 2018. Counts 2-3 (Money Laundering, 18 U.S.C. § 1957) allege transfers of $200,000 and $79,000, and Count 4 (Wire Fraud) alleges a scheme from not later than April 3, 2020 to obtain loans and grants with false information.

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Case 3:22-cr-00360-AN Document 1 Filed 10/12/22 Page 1 of 16
UNDER SEAL
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UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

UNITED STATES OF AMERICA 3:22-cr-00360-MO

v. INDICTMENT

JAMIE MCGOWEN, 18 U.S.C. §§ 1343, 1344, 1957 and
Forfeiture Allegations
Defendant.
UNDER SEAL

THE GRAND JURY CHARGES:

INTRODUCTORY ALLEGATIONS

At all times relevant to this indictment:

1. JAMIE MCGOWEN ("MCGOWEN"), defendant herein, was the 100% owner

and registered agent of Salem Outsourcing, Inc., ("SOI"). Between August 2016 and December

2018, MCGOWEN, through SOI, was responsible for calculating the payroll and employment

taxes for Al's Trailer Sales of Salem Inc. (Al's Trailer").

2. In November 2019, MCGOWEN purchased Al's Trailer and became the 100%

owner and registered agent of Al's Trailer. Al's Trailer's registered address was 4843 Portland

Road Northeast, Salem, Oregon.

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3. MCGOWEN was the 100% owner of Reality RV and Trailers Inc ("Reality

RV"). Reality RV's registered address was 4843 Portland Road Northeast, Salem, Oregon.

4. MCGOWEN was the 100% owner of Valley Investment Company dba Casey's

Restaurant Inc. ("Valley Investment"). Valley Investment's registered address was 3180 West

Sahara Ave. C-16, Las Vegas, Nevada.

5. MCGOWEN was the 50% owner of Reality Auto. Reality Auto's registered

address was 201 NE Polk Station Road, Dallas, Oregon.

COVID Disaster-Relief Loans

6. The Economic Injury Disaster Loan ("EIDL") program was a Small Business

Administration ("SBA") program that provides low-interest financing to small businesses,

renters, and homeowners affected by declared disasters.

7. On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and

Economic Security (CARES) Act into law. That statute, along with the Coronavirus

Preparedness and Response Supplemental Appropriations Act, authorized the SBA to provide

EIDLs of up to $2 million to eligible small businesses experiencing substantial financial

disruption 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 any advance was determined by the number of employees on the borrower's

payroll. The advances did not have to be repaid.

8. The CARES Act also created the Paycheck Protection Program ("PPP"), which

authorized the SBA to guarantee loans of up to $10,000,000 to qualifying employers without

collateral or personal guarantees from the borrowers. The Act required lenders making loans

under the PPP to defer all repayment obligations for not less than six months on such loans and

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required borrowers to certify, among other things, that the borrowed "funds [would] be used to

retain workers and maintain payroll or make mortgage payments, lease payments, and utility

payments."

9. On March 11, 2021, President Joseph Biden signed the American Rescue Plan

Act, which established the Restaurant Revitalization Fund ("RRF") and appropriated $28.6

billion to the SBA for the purpose of making grants under that program. The SBA was

authorized to award RRF grants of up to $5,000,000 per location (not to exceed $10,000,000

total for the Application and any affiliated businesses) to restaurants, bars, and similar ventures

to help offset revenue losses resulting from the COVID-19 pandemic and related mitigation

measures. Grant funds expended for authorized purposes before March 11, 2023, did not need to

be repaid.

10. In order to obtain an EIDL, PPP, or RRF funds, an applicant was required to

provide information about the subject business's operations, such as the date of opening, number

of employees, and past revenues. The applicant was also required to certify that all the

information in the application was true and correct to the best of the applicant's knowledge.

11. Applications for EIDLs and EIDL advances were submitted to the SBA over the

Internet, using cloud-based platforms hosted on computer servers in several states. Before July

11, 2020, applications bearing numbers that began with the digits 33 were routed to servers in the

State of Iowa. Beginning on July 11, 2020, all EIDL applications, regardless of number, were

routed to servers in the State of Iowa.

12. PPP loan applications were submitted over the Internet to participating lenders via

the SBA's computer servers. PPP loan applications submitted after January 11, 2021, were

routed through servers located in the State of Oregon.

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13. SBA transmitted PPP lender processing fees to the lender from Sterling, Virginia.

14. Applications for RRF grants were submitted through servers in the State of

Oregon, which forwarded information from approved applications to the servers in the

Commonwealth of Virginia.

COUNT 1
(Wire Fraud)
(18 u.s.c. § 1343)

15. The allegations in paragraph 1 are incorporated as though realleged herein.

16. Beginning in or about August 2016 and continuing until in or about December

2018, in the District of Oregon, defendant MCGOWEN knowingly and intentionally devised

and intended to devise a scheme and artifice to defraud as to material matters and to obtain

money and property by means of materially false and fraudulent pretenses, representations,

promises, and omissions of material facts.

THE SCHEME

17. MCGOWEN, on behalf of SOI, agreed to process Al's Trailer's payroll and

calculate taxes.

18. At the end of each of Al's Trailer's pay periods, MCGOWEN would provide

Al's Trailer's with SOI paystubs detailing income withholding and payroll tax withholding for

each employees' paycheck. MCGOWEN would also submit a billing request for payment of

the gross employee payroll and for payment for SOi's services.

19. Upon receipt of payment from Al's Trailer's for gross employee payroll,

MCGOWEN withheld income and payroll taxes from Al's Trailer's employees.

20. MCGOWEN paid Al's Trailer's employees in two ways. First, MCGOWEN

paid Al's Trailer's employees via checks from SOI bank accounts at Bank of America and Key

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Banl<. SOI's Bank of America and Key Bank accounts are both located in Oregon and were

almost solely used to process Al's Trailer's payroll. Second, MCGOWEN paid Al's Trailer's

employees via direct deposit transfers through Intuit Payroll. For the direct deposit payments,

MCGOWEN transferred funds from SOi's Bank of America or Key Bank accounts in Oregon to

Intuit Payroll's JPMC Chase account in Texas. Intuit Payroll would then direct deposit the funds

to Al's Trailer's employees' bank accounts.

21. Although MCGOWEN withheld income and payroll taxes from Al's Trailer's

employees, MCGOWEN never paid over any federal income withholding or payroll taxes to the

Internal Revenue Service ("IRS") and instead used those funds for personal expenditures.

22. In 2016, MCGOWEN improperly retained approximately $92,028 of federal

income withholding and payroll taxes from Al's Trailer.

23. In 2017, MCGOWEN improperly retained approximately $328,739 of federal

income withholding and payroll taxes from Al's Trailer.

24. In 2018, MCGOWEN improperly retained approximately $284,846 of federal

income withholding and payroll taxes from Al's Trailer.

WIRE FRAUD

25. On or about November 2, 2017, defendant JAMIE MCGOWEN, in the district

of Oregon and elsewhere, for purposes of attempting to execute and executing the above

described material scheme to defraud knowingly caused an interstate wire communication from

Oregon to Texas, to wit, a transfer of $55,303.34 from SOI's Key Bank account in Oregon

ending in 5414 to Intuit Payroll's JMPC Chase account in Texas ending in 6653.

III

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COUNTS 2-3
(Money Laundering)
(18 u.s.c. § 1957)

26. Paragraphs 1 and 15 through 25 incorporated as though realleged herein. On or

about June 11, 2018, in the District of Oregon and elsewhere, defendant JAMIE MCGOWEN

did knowingly engage and attempt to engage in a monetary transaction by, through, or to a

financial institution, affecting interstate or foreign commerce, in criminally derived property of a

value greater than $10,000, to wit the transfer of $200,000 from Salem Outsourcing Inc.'s Key

Bank account in Oregon ending in 5414 to Al's Trailer Sales of Salem's Key Bank account in

Oregon ending in 5208, such property having been derived from a specified unlawful activity,

that is the wire fraud scheme alleged in Count 1 of this Indictment.

27. Paragraphs 1 and 15 through 25 incorporated as though realleged herein. On or

about August 7, 2018, in the District of Oregon and elsewhere, defendant JAMIE MCGOWEN

did knowingly engage and attempt to engage in a monetary transaction by, through, or to a

financial institution, affecting interstate or foreign commerce, in criminally derived property of a

value greater than $10,000, to wit the transfer of $79,000 from Salem Outsourcing Inc.' s Key

Bank account in Oregon ending in 5414 to Sutherlin RV's Umpqua Bank account in Oregon

ending in 4332, such property having been derived from a specified unlawful activity, that is the

wire fraud scheme alleged in Count 1 of this Indictment.

All in violation of Title 18, United States Code, Section 1957.

COUNT 4
(Wire Fraud)
(18 u.s.c. § 1343)

28. The allegations in paragraphs 2 through 14 of this Indictment are incorporated as

though realleged herein.

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THE SCHEME

29. From not later than April 3, 2020 and continuing through at least May 26, 2021,

defendant MCGOWEN devised and intended to devise a material scheme to defraud the SBA

and various financial institutions and to obtain money and property by means of materially false

and fraudulent pretenses, representations, and promises.

30. Specifically, MCGOWEN applied for and obtained PPP, EIDL, and RRF loans

and grants, using materially false information with the intent to steal and to convert the proceeds

of those loans to her personal use and without any intent to use the proceeds thereof for any

authorized purpose.

MANNER AND MEANS

It was part of this scheme that:

PPP APPLICATION-AL'S TRAILER

31. MCGOWEN applied for one PPP loan on behalf of Al's Trailer.

32. Between on or about April 11, 2019, and January 13, 2020, the IRS received four

2019 IRS Form 941s on behalf of Al's Trailer that reported the following information:

Date Period No. of Wages, Tips, or Federal Total Taxes
Submitted Covered Employees other Income Tax After
2019 Compensation Withheld Adjustments
04/11/2019 Jan.-Mar. 49 $319,054.41 $27,913.10 $76,728.38
07/12/2019 Apr-June 58 $587,085.37 $59,441.05 $149,265.13
10/11/2019 July-Sept. 58 $585,039.89 $62,805.11 $152,316.37
01/13/2020 Oct.-Dec. 4 $6,694.17 $601.40 $1,625.60

33. On or about January 15, 2020, on behalf of Al's Trailer, the IRS received IRS

Form 940 for 2019 reporting yearly wages, tips, and other compensation totaling $1,616,616.61.

34. On or about April 3, 2020, MCGOWEN submitted PPP application number

15988848 to Bank of America (PPP -AL'S TRAILER). In PPP -AL'S TRAILER,
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MCGOWEN indicated that she was Al's Trailer's 100% owner. She falsely reported that Al's

Trailer had an average monthly payroll of$183,750 and employed 70 people. MCGOWEN

answered "No" to the following question: "Is the Applicant or any owner of the business an

owner of any other business, or have common management with, any other business?"

MCGOWEN knew that answer to be false. MCGOWEN certified that she was "not engaged in

any activity that is illegal under federal, state or local law." MCGOWEN knew that

certification to be false.

35. In support of PPP-AL'S TRAILER, MCGOWEN submitted four false 2019

IRS Form 941s, all of which differ than those submitted to the IRS and described in paragraph

32:
Period No. of Wages, Tips, or Federal Income Total Taxes After
Covered Employees other Tax Withheld Adjustments
2019 Compensation
Jan.-Mar. 44 $463,051 $44,667 $114,767
Apr-June 56 $661,502 $63,810 $163,952
July-Sept. 58 $702,602 $68,064 $174,994
Oct.-Dec. 41 $370,897 $36,159 $91,505

36. In support of PPP-AL'S TRAILER, MCGOWEN submitted a false 2019 W-3,

Transmittal of Wages and Tax Statements, reporting wages, tips, and other compensation

totaling $2,205,005.55 with federal income tax withheld as $212,700.13. This information is

inconsistent with the information reported in Al Trailer's 2019 IRS Form 940 described in

paragraph 33.

37. Based in part on the misrepresentations and false information provided in support

of PPP-AL'S TRAILER, Bank of America approved and funded PPP loan number 62681277-

01 in the amount of$454,532. This amount was funded to Al's Trailer's Bank of America bank

account number XXXX:1482 in Oregon.

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38. On June 25, 2020, the SBA paid Banlc of America $13,636 in lender processing

fees in connection with PPP-AL'S TRAILER.

PPP - REALITY RV

39. On or about April 30, 2020, the IRS received a 2020 IRS Form 941 paper return

filed on behalf of Reality RV that reported between January and March 2020, Reality RV

employed 0 people who received wages, tips or other compensation totaling $0.

40. On or about July 8, 2020, MCGOWEN submitted PPP application number

21723838 to FC Marketplace LLC (dba Funding Circle) on behalf of Reality RV (PPP-

REALITY RV). In PPP-REALITY RV, MCGOWEN indicated that she was Reality RV's

100% owner. She falsely reported that Reality RV had an average monthly payroll of $117,272

and employed 33 people. MCGOWEN answered "No" to the following question: Is the

Applicant or any owner of the business an owner of any other business, or have common

management with, any other business?". MCGOWEN knew that answer to be false.

MCGOWEN certified that she was "not engaged in any activity that is illegal under federal,

state or local law." MCGOWEN knew that certification to be false.

41. Based in part on the misrepresentations and false information provided in support

of PPP- REALITY RV, FC Marketplace LLC (dba Funding Circle) approved and funded PPP

loan number 98284080-04 in the amount of $293,180. This amount was funded to Reality RV's

JPMC bank account number XXXX0756 in Oregon.

42. On July 27, 2020, the SBA paid $14,659 in lender fees in connection with PPP-

REALITY RV.

Ill

III

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ADDITIONAL PPP APPLICATIONS

43. Between April 14, 2020, and February 10, 2021, MCGOWEN submitted at least

seven additional PPP applications, each of which contained materially false information:

Date Application Entity Funded Amount
Submitted Number
04/14/2020 13500934 Klamath Falls Parts and Service Inc. $50,100
04/14/2020 13526200 Klamath Falls RV Inc. $52,800
05/06/2020 17338786 Valley Business & Tax Services Inc. $45,317
05/19/2020 18135895 Sutherlin RV Inc. $106,983
01/19/2021 24533528 Klamath Falls Parts and Service Inc. $50,175
01/19/2021 25078524 Klamath Falls RV Inc. $52,885
02/10/2021 25292714 Valley Business & Tax Services Inc. $45,317

44. Between April 3, 2020, and February 10, 2021, MCGOWEN fraudulently

obtained PPP loc!llS totaling approximately $1,151,289. For these nine PPP loans, the SBA paid

lending fees of approximately $48,708.

EIDL APPLICATION

45. On or about June 27, 2020, MCGOWEN applied for an EIDL and advance for

Reality Auto Inc by submitting application number 3307022210 to the SBA from an Internet

Protocol address in Independence, Oregon to the SBA server in West Des Moines, Iowa.

MCGOWEN certified that she was "not engaged in any activity that is illegal under federal,

state or local law." MCGOWEN knew that certification to be false. Based in part on the

misrepresentations in the EIDL application, the SBA funded a $3,000 advance to Reality Auto

Inc on or about June 29, 2020. This amount was transferred via wire from Virginia to Reality

Auto Inc. 's JPMC bank account number XXXX:8755 in Oregon. The SBA subsequently denied

the EIDL application.

III

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RRF APPLICATION

46. On or about May 11, 2021, MCGOWEN applied for a RRF loan for Valley

investment Company/Casey's by submitting application number 31232251. MCGOWEN

answered "No" to the following question: Is the Applicant or any owner of the business an

owner of any other business, or have common management with, any other business?".

MCGOWEN knew that answer to be false. MCGOWEN certified that she was "not engaged in

any activity that is illegal under federal, state or local law." MCGOWEN knew that

certification to be false. Based in part on the misrepresentations in the RRF application, the SBA

funded $143,675 to Valley Investment Company/Casey's on or about May 26, 2021. This

amount was transferred to Valley Investment Company/Casey's JMPC bank account number

XXXX8897.

WIRE FRAUD

47. On or about the dates June 27, 2020, in the District of Oregon and elsewhere,

defendant JAMIE MCGOWEN, for purposes of attempting to execute and executing the above

described material scheme to defraud and for obtaining money and property by means of

materially false and fraudulent pretenses, representations, and promises, knowingly caused

communications via interstate wire by submitting EIDL application number 3307022210 to the

SBA from Oregon to Iowa.

All in violation of Title 18, United States Code, Section 1343.

COUNTS 5-6
(Bank Fraud)
(18 u.s.c. § 1344)

48. Paragraphs 2 through 14 and 28 through 44 of this Indictment are incorporated as

though realleged herein.

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THE SCHEME

49. From not later than April 3, 2020, and continuing through February 10, 2021,

defendant MCGOWEN devised and intended to devise a material scheme to obtain funds under

the custody or control of various financial institutions by means of materially false and

fraudulent pretenses and representations.

50. Specifically, MCGOWEN applied for and obtained PPP loans totaling at least

$1,151,289 by making materially false representations, including those about businesses'

average monthly payrolls and employees, that MCGOWEN, as owner of the businesses was not

the owner of any other business and that MCGOWEN was not engaged in any illegal activity.

BANK FRAUD
COUNTS

51. On or about April 3, 2020, in the District of Oregon and elsewhere, defendant

JAMIE MCGOWEN, did execute said scheme or artifice to obtain funds under the custody of

Bank of America, a federally insured financial institution, by means of materially fraudulent

pretenses and representations, in that defendant applied for and obtained a PPP loan of $454,532

from Bank of America while knowingly and willfully misrepresenting Al's Trailer's average

monthly payroll and number of employees, knowingly and willfully misrepresenting that

MCGOWEN, as owner of Al's Trailer, was not the owner of any other businesses. On or about

May 4, 2020, Al's Trailer's Bank of America account XXXXXXXX1482, located in Salem,

Oregon, received the PPP loan.

COUNT6

52. On or about July 8, 2020, in the District of Oregon and elsewhere, defendant

JAMIE MCGOWEN, did execute said scheme or artifice to obtain funds under the custody of

FC Marketplace LLC (dba Funding Circle), a federally insured financial institution, by means of
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materially fraudulent pretenses and representations, in that defendant applied for and obtained a

PPP loan of $293,180 from FC Marketplace LLC (dba Funding Circle) while knowingly and

willfully misrepresenting Reality RV's average monthly payroll and number of employees,

knowingly and willfully misrepresenting that MCGOWEN, as owner of Reality RV, was not the

owner of any other businesses. On or about July 13, 2020, Reality RV's JPMC bank account

XXXX0756, located in Salem, Oregon, received the PPP loan.

All in violation of Title 18, United States Code, Section 1344(2).

COUNT 7
(Money Laundering)
(18 u.s.c. § 1957)

53. Paragraphs 2 through 14 and 51 of this Indictment are incorporated as though

realleged herein.

54. On or about May 13, 2020, in the District of Oregon and elsewhere, defendant

JAMIE MCGOWEN did knowingly engage and attempt to engage in a monetary transaction

by, through, or to a financial institution, affecting interstate or foreign commerce, in criminally

derived property of a value greater than $10,000, to wit a check in the amount of $21,000,

comprising the proceeds of PPP application number 1598 8848, from Bank of America account

number XXXXXXXX1482, in the name of Al's Trailer Sales of Salem, Inc, to Lakeside

Investment Group, such property having been derived from a specified unlawful activity, that is,

bank fraud as alleged in Count 5 of this Indictment.

All in violation of Title 18, United States Code, Section 1957.

FIRST FORFEITURE ALLEGATION

55. Upon conviction of either wire fraud offense alleged in Counts 1 and 4 of this

Indictment or conviction of the bank fraud offense alleged in Counts 5 and 6 hereof, defendant

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shall forfeit to the United States pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c)

any property, real or personal, which constitutes or is derived from proceeds traceable to the

offense, including but not limited to a money judgment for a sum of money equal to the amount

of property involved in or derived from that offense.

56. If the above-described forfeitable property, as a result of any act or omission of

defendant:

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be divided without

difficulty;

the United States of America shall be entitled to forfeiture of substitute property pursuant to 21

U.S.C. § 853(p), as incorporated by 28 U.S.C. § 246l(c).

SECOND FORFEITURE ALLEGATION

57. Upon conviction of the money laundering offense alleged in Counts 2, 3, and 7 of

this Indictment, defendant shall forfeit to the United States pursuant to 18 U.S.C. § 982(a)(l) any

and all property, real or personal, involved in or derived from said offense and all property

traceable to such property, including but not limited to a money judgment for a sum of money

equal to the amount of property involved in or derived from that offense.

58. If the above-described forfeitable property, as a result of any act or omission of

defendant:

Ill
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(a) cannot be located upon the exercise of due diligence;

(b ) has been transferred or sold to, or deposited with, a third party;

(d ) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be divided without

difficulty;

the United States of America shall be entitled to forfeiture of substitute property pursuant to 21

U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b).

THIRD FORFEITURE ALLEGATION

59. Upon conviction of the offenses alleged in Counts 5 or 6 of this Indictment,

defendant shall forfeit to the United States pursuant to 18 U.S.C. § 982(a)(2) any property

constituting or derived from proceeds obtained directly or indirectly as the result of such

violation, including but not limited to a money judgment for a sum of money equal to the amount

of property involved in or derived from that offense.

60. Jfthe above-describ edforfeit able prop erty, as a r esult of any act or omission of

defendant:

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(d ) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be divided without

difficulty;

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the United States of America shall be entitled to forfeiture of substitute property pursuant to 21

U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b).

Dated: October i J_ , 2022 A TRUE BILL.

Presented by:

NATALIE K. WIGHT
United States Attorney

Assistant United States Attorney

Indictment Page 16

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