Government Exhibit, Affidavit — No. 5:20-cr-04066-LTS-KEM (Dkt. 71-2, N.D. Iowa)

Summary

Filed as Government Exhibit 1 (Dkt. 71-2) in No. 5:20-cr-04066-LTS-KEM in the Northern District of Iowa, this affidavit by IRS-CI Special Agent Michael Gentry, Jr. supports an application to arrest Benjamin Sakyi for money laundering conspiracy. It alleges that a PPP application in the name of Donald Trosin claimed 120 employees and led to a $1,200,000.00 deposit on May 14, 2020, and that EIDL loans of $149,900.00 and $29,900.00 went to an account Trosin held jointly. Trosin denied preparing the application and told agents that Trosin's personal information had been given to a person met on a dating website. The affidavit says Trosin then bought cashier's checks of $300,000 and $310,000 to NKB Enterprise LLC and $300,000 to Blue Flight Logistics LLC, and that Sakyi used accounts at three banks to receive the money and withdraw it as cashier's checks to others.

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

Full text

Government
Exhibit
1
Case
20-CR-4066-LTS

Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1 1ofof1818
AFFIDAVIT

1. I, Michael Gentry, Jr., being first duly sworn, on oath depose and state that I

am a Special Agent with the Internal Revenue Service-Criminal Investigation

(IRS-CI) and have been since June 2014.

2. As part of my duties as a Special Agent, I conduct financial investigations

related to various violations of the United States Code. I am authorized to

apply for and execute search warrants and arrest warrants for offenses

enumerated in Title 18 of the United States Code. I have participated in and

directed investigations involving various types of criminal activity and, as a

result of my training and experience, I am familiar with the tactics, methods,

and techniques of committing various types of fraud-related violations of

federal law.

3. The information in this affidavit is based upon my personal knowledge as well

as information learned from other law enforcement agencies, investigators,

witnesses, and documents. The facts set forth in this affidavit are based on my

personal knowledge and information from others, including law enforcement

officers involved in this case, through interviews and reviews of loan

documents, electronic files, emails, and other records and files related to this

investigation.

4. This affidavit is submitted for the purpose of establishing probable cause in

support of an application to arrest BENJAMIN SAKYI (Sakyi) for a violation

of Title 18, United States Code, Section 1956(h) (Money Laundering

Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page2 2ofof1818
Conspiracy). Based on the investigation conducted as to the information

contained within this affidavit, I submit there is probable cause to believe that

Sakyi has acted with his co-conspirators to launder the proceeds obtained from

a specified unlawful activity, wire fraud, 18 U.S.C. § 1343, in violation of 18

U.S.C. §§ 1956 and 1957. Sakyi has knowingly conducted financial

transactions involving the proceeds of wire fraud, with the intent to promote

the wire fraud activity or used the transaction to conceal or disguise the true

nature, location, source, ownership or control of the wire fraud proceeds, in

violation of 18 U.S.C. § 1956(a)(1)(A)(i) and (B)(i). In addition, Sakyi

knowingly engaged in monetary transactions in criminally derived property of

a value of more than $10,000, in violation of 18 U.S.C. § 1957(a).

5. This affidavit contains only a summary of certain facts. Since this affidavit is

being submitted for the limited purpose of supporting an application for an

arrest warrant, I have not included each and every fact known to me

concerning this investigation, but I have set forth only those facts necessary to

establish probable cause. Further, where statements of others are set forth in

this affidavit, they are set forth in substance and not verbatim, unless

specifically indicated otherwise.

BACKGROUND

6. Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law

enacted in late March 2020 that provides emergency financial assistance to the

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

2
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page3 3ofof1818
pandemic. The Small Business Administration (SBA) administers certain

financial assistance programs under the CARES Act.

The Paycheck Protection Program

7. One form of CARES Act financial assistance is 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”). Later, in April 2020, Congress authorized an additional

$300 billion in PPP funding.

8. In order to obtain a PPP loan, a business submits a PPP loan application (SBA

Form 2483), which must be signed by an authorized representative of the

business. The loan application requires the business, through its authorized

representative, to acknowledge the PPP program rules and to make certain

affirmative certifications regarding its eligibility. In the application, the small

business’s authorized representative must also provide, among other things,

the business’s average monthly payroll expenses and number of employees.

These figures are used to calculate the business’s eligibility and the amount of

money it may receive under the PPP. In addition, businesses applying for a

PPP loan must provide documentation showing their payroll expenses.

9. A PPP loan application must be processed by a participating lending financial

institution. If a PPP loan application is approved by the participating financial

institution, that institution funds the PPP loan using its own monies, which

are 100% guaranteed by the SBA. Participating financial institutions require

3
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page4 4ofof1818
that the information provided in PPP loan applications be truthful, including

information about the applicant business’s employees and payroll expenses,

which is material to the financial institution’s approval and the terms of the

PPP loans.

10. Information from the application, including information about the borrower,

the total amount of the loan, and the listed number of employees, is

transmitted on behalf of the applicant by the lending financial institution to

the SBA in the course of processing the loan.

11. PPP loan proceeds must be used by the business for certain permissible

expenses – payroll costs, interest on mortgages, rent, and utilities. The PPP

allows the principal and interest on the PPP loan to be entirely forgiven if the

business spends the loan proceeds on these items within a designated period

of time, usually within twenty-four weeks of receiving the proceeds, and if the

business also uses at least 60% of the PPP loan proceeds for payroll expenses.

Economic Injury Disaster Loans

12. The SBA’s Economic Injury Disaster Loan (“EIDL”) is a working capital loan

that is available to small businesses. Eligible recipients may include small

agricultural businesses, certain private non-profit organizations, faith-based

organizations, and houses of worship, sole proprietors, independent

contractors, and owners of rental property.

13. Unlike the PPP, EIDL applicants do not apply through a participating

financial institution, but instead apply directly to the SBA’s Disaster

4
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page5 5ofof1818
Assistance Program. Further, EIDL loans may be used to pay fixed debts,

payroll, accounts payable, and other bills that could have been paid had the

disaster not occurred.

14. The EIDL Advance (“the Advance”) is for any entity that is eligible to apply for

a COVID-19 EIDL. COVID-19 EIDL applicants may request to be considered

for an advance of up to $10,000. The disbursement amount will be determined

by the number of the small business’s employees before the COVID-19 disaster

(i.e., as of January 31, 2020). The Advance will provide the EIDL applicant

with $1,000 per pre-disaster employee, up to a maximum of $10,000.

THE SBA-LOAN FRAUD SCHEME

15. There is probable cause to believe that Donald Trosin,1 Benjamin Sakyi, and

others have been involved in a fraudulent scheme to obtain and launder SBA

loan moneys by means of wire fraud (and other federal crimes, including mail

fraud). As described below in more detail, it was part of the scheme that Trosin

fraudulently received and transmitted SBA loan moneys, to which he was not

entitled, to Sakyi and others. Sakyi then used accounts at three financial

institutions, Bank-8, Bank-9, and Bank-10, to receive the fraud proceeds from

Trosin and also to withdraw the fraud proceeds in the form of cashier’s checks

payable to one or more other individuals involved in the fraudulent scheme.

16. At all relevant times, Sakyi maintained accounts at Bank-8, Bank-9, and

1 Donald Trosin is presently charged with Wire Fraud in violation of

18 U.S.C. § 1343 in Case No. 20-CR-4066-LTS-KEM.

5
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page6 6ofof1818
Bank-10. The deposits of Bank-8 and Bank-9 are each insured by the Federal

Deposit Insurance Corporation (FDIC). The deposits of Bank-10 are insured

by the National Credit Union Administration (NCUA). Bank-1 is a national

bank with branches throughout the United States, including within the

Northern District of Iowa. Bank-2 is based in Spencer, Iowa, within the

Northern District of Iowa, and has locations in Iowa and Nebraska. As detailed

below, Donald Trosin would use Bank-1 and Bank-2 to transfer fraud proceeds

to accounts that Sakyi controlled at Bank-8, Bank-9, and Bank-10.

17. On July 19, 2018, Articles of Organization for Blue Flight Logistics LLC were

filed with the State of Virginia Secretary of State. The Articles of Organization

listed the initial registered agent as Benjamin Sakyi and the principal office

where the records of the limited liability company are to be kept as XX Town

Square Circle #YYY, Stafford, Virginia.

18. On December 19, 2019, Articles of Organization for NKB Enterprise LLC were

filed with the State of Virginia Secretary of State. The Articles of Organization

listed the principal office at an address in Dumfries, Virginia, the same address

listed on Sakyi’s State of Virginia driver’s license.

19. On May 27, 2020, Sakyi opened an account ending in 7672 in the name of NKB

Enterprise LLC (NKB) at Bank-8, as the sole owner of the account. Sakyi

provided a passport from Ghana, a Social Security Number, and listed a

mailing address for the account in Dumfries, Virginia.

20. On June 30, 2020, Sakyi opened an account ending in 7508 in the name of NKB

6
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page7 7ofof1818
at Bank-9, as the sole owner of the account. Sakyi provided a State of Virginia

Driver’s License and listed a mailing address for the account in Dumfries,

Virginia.

21. On July 6, 2020, Sakyi opened an account ending 9408 in the name of Blue

Flight Logistics LLC (Blue Flight) at Bank-10, as the sole owner of the account.

Sakyi provided a passport from Ghana and listed a mailing address in

Dumfries, Virginia.

22. In summary, Sakyi had the following accounts:

Last Four Digits of
Name Entity Bank
Account Number
Sakyi Blue Flight 9408 Bank-10
Sakyi NKB 7672 Bank-8
Sakyi NKB 7598 Bank-9

Trosin’s PPP Loan

23. On or about May 13, 2020, a SBA Form 2483 was completed and submitted for

the benefit of a participating financial institution within the SBA’s PPP

program for the “Business Legal Name” of “Donald Trosin,” purportedly signed

by Donald Trosin, listing Donald Trosin’s Social Security Number (SSN) as

both Donald Trosin’s SSN and as the business taxpayer identification number

(TIN). The SBA Form 2483 stated Donald Trosin’s business had 120 employees

on its payroll. Donald Trosin was listed as owing 100% of the business.

24. In the SBA Form 2483, again purportedly signed by Donald Trosin, the

applicant certified, “All SBA proceeds will be used only for business-related

7
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page8 8ofof1818
purposes as specified in the loan application and consistent with the Paycheck

Protection Program Rule.” Further, the applicant certified, “The Applicant

was in operation on February 15, 2020, and had employees for whom it paid

salaries and payroll taxes or paid independent contractors, as reported on

Form(s) 1099-MISC. The applicant also certified, “The funds will be used to

retain workers and maintain payroll or make mortgage interest payments,

lease payments, and utility payments, as specified under the Paycheck

Protection Program Rule; I understand that if the funds are knowingly used

for unauthorized purposes, the federal government may hold me legally liable,

such as for charges of fraud.” The SBA Form 2483 included a phone number

of (978) YYY-4434 and an email address of businessbiz2020@XXXXX.com.

25. In conjunction with this PPP loan application, Internal Revenue Service (IRS)

documents and a monthly bank statement from Donald Trosin’s account at

Bank-1 were submitted as purported verification of the representations in the

SBA Form 2483.

26. Specifically, an IRS Form 944, Employer’s Annual Federal Tax Return for

2019, listed total compensation for “Donald Trosin” in the amount of

$5,800,000.00. Further Schedule C, Form 1040 or 1040-SR, Profit or Loss

From Business for 2019, indicated wages of $5,760,000.00. The monthly bank

statement, variously dated February 12 and 13, 2020, purports to show that

Donald Trosin was regularly receiving large incoming wire transfers from

major companies in the United States and, on January 14, 2020, expended

8
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page9 9ofof1818
$480,356.00 in payroll for the January 1 through January 14, 2020 pay period,

and then expended $480,356.00 in payroll for the January 14 through

January 28, 2020 pay period.

27. According to the Minnesota Secretary of State website, Donald Trosin

Construction Equipment, LLC, was not incorporated until May 26, 2020, with

a registered office in Albertsville, Minnesota. The Minnesota Department of

Employment and Economic Development indicates, “No Employer Tax Account

results were found for Donald Trosin Construction Equipment.”

28. The government has obtained Donald Trosin’s true and correct monthly bank

statement dated February 12, 2020 from Bank-1. Comparing the true and

correct statement received from Bank-1 with the statement submitted in

conjunction with Donald Trosin’s PPP loan, it appears someone altered Donald

Trosin’s actual monthly statement to add the entries about incoming wire

transfer and payroll, described above. Donald Trosin’s true and correct

monthly bank statement does not contain any entries for payroll to other

individuals.

29. Donald Trosin has stated to law enforcement he did not prepare or file the SBA

Form 2483. Trosin stated he provided his personal identifying information to

Individual-1, a person he met on a dating website. Trosin provided his social

security number around April 23, 2020, via text message to Individual-1 at

phone number (571) YYY-1672. On April 25, 2020, Individual-1 sent text

messages to Trosin stating Trosin’s phone number was given to a buyer, the

9
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1010ofof1818
buyer works with the SBA, and the buyer’s name is Individual-2. On May 8,

2020, Individual-1 provided instructions via text message to Trosin to wire

money to Individual-4. On May 14, 2020, Individual-1 sent a text message to

Trosin stating $1.2 million was coming into his bank account. On May 14,

2020, Individual-1 provided instructions to Trosin via text messages to wire

money to Individual-5 and Individual-14. On May 15, 2020, Individual-1 sent

a text message to Trosin saying his account at Bank-2 will have $30,000 in the

account. On May 15, 2020, Trosin replied via text message to Individual-1 that

“there is 29900 in there [Individual-2] wants 29800 sent.” On May 15, 2020,

Individual-1 sent text messages to Trosin with instructions to wire money to

Individual-7 at Bank-1 and Individual-8 at Bank-6. On May 18, 2020,

Individual-1 sent text messages to Trosin with instructions wire money to

Company-2 at Bank-7. Trosin stated Individual-2 and Individual-3 also

provided instructions to him on where to wire money.

The EIDL Loans

30. There have been approximately 20 EIDL applications, submitted to SBA, that

appear related to Donald Trosin in some manner. One of the applications is in

the name of Individual-6, a resident of the Northern District of Iowa and

Trosin’s former live-in girlfriend.

31. On or about May 5, 2020, an EIDL application was filed in the name of

Individual-6. The application indicated the entity was a “Sole Proprietorship”

established November 30, 2017, in the agriculture industry, with 11

10
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1111ofof1818
employees. The agreed-upon amount of the loan was $30,000.00, less a $100.00

filing fee, with a net disbursement amount of $29,900.00 to the account ending

in 8387 held jointly by Individual-6 and Donald Trosin at Bank-2, located in

the Northern District of Iowa. On or about May 7, 2020, an EIDL Advance for

this loan was wired from the SBA to Bank-2 in the amount of $10,000.00. On

or about May 13, 2020, a Loan Agreement, Note, and Related Documents were

e-signed, purportedly by Individual-6. On or about May 15, 2020, EIDL loan

proceeds were sent via wire to the Bank-2 account in the amount of $29,900.00.

32. Individual-6 has indicated to a law enforcement officer that she did not apply

for any SBA loans.

33. On or about May 7, 2020, an EIDL application was filed in the name of Donald

Trosin. The application stated the entity was a “Sole Proprietorship”

established January 1, 2016, in the agriculture industry, with 15 employees.

The agreed-upon amount of the loan was $150,000.00 less a $100.00 filing fee,

with a net disbursement amount of $149,900.00 to the account ending in 8387

held jointly by Individual-6 and Donald Trosin at Bank-2. On or about May

19, 2020, EIDL loan proceeds were sent via wire to the Bank-2 account in the

amount of $149,900.00.

34. Trosin has indicated to law enforcement that he has never had any employees.

TROSIN’S FINANCIAL TRANSACTIONS WITH FRAUD PROCEEDS

35. On May 8, 2020, Donald Trosin initiated a wire transfer in the amount of

$9,500.00 from his joint account with Individual-6 ending in 8387 at Bank-2 to

11
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1212ofof1818
Individual-4 at Bank-3 in San Antonio, Texas. On May 18, 2020, Donald

Trosin initiated a wire transfer in the amount of $29,800 from his joint account

with Individual 6 at Bank-2 to Individual-5 at Bank-4 in Kennesaw, Georgia.

The wire included the statement, “God wins.”

36. On or about May 14, 2020, Donald Trosin received a deposit of $1,200,000.00

from “Crb Bluevine Sba Loan Donald Trosin” into his account at Bank-1. These

funds represented the proceeds of the PPP loan that was disbursed based upon

the representations in the Form 2483 described above.

37. Records obtained from Bank-1 reveal that, after receiving the $1,200,000.00

into Donald Trosin’s account at Bank-1, Donald Trosin initiated a series of wire

transfers to various individuals at different banks throughout the United

States. On May 15, 2020, Donald Trosin initiated a wire transfer in the

amount of $25,000.00 from his account at Bank-1 to Individual-7 at Bank-1 in

Phoenix, Arizona. On May 15, 2020, Donald Trosin initiated a wire transfer in

the amount of $50,000.00 from his account at Bank-1 to Indiviudal-8 at

Bank-6. On May 19, 2020, Donald Trosin initiated a wire transfer in the

amount of $200,000.00 from his account at Bank-1 to Company-2 at Bank-7.

In addition:

a. On June 11, 2020, Trosin withdrew $300,020.00 from his account at
Bank-1 to purchase two cashier’s checks, each in the amount of
$150,000.00, each payable to NKB;

b. On July 1, 2020, Trosin withdrew $310,010.00 from his account at
Bank-1 to purchase a $310,000.00 cashier’s check payable to NKB; and

12
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1313ofof1818
c. On July 2, 2020, Trosin withdrew $300,000.00 from his account at
Bank-1 to purchase two cashier’s checks, each in the amount of
$150,000.00, each payable to Blue Flight.

38. On May 20, 2020, Company-2 withdrew $170,000.00 to purchase a cashier’s

check payable to Company-3.

39. Trosin has admitted to law enforcement that, after withdrawing moneys in the

form of cashier’s checks as described above, Trosin then mailed these cashier’s

checks to others.

SAKYI FINANCIAL TRANSACTIONS WITH FRAUD PROCEEDS
Bank-8

40. On June 12, 2020, Sakyi deposited a $150,000.00 cashier’s check payable to

NKB into its account at Bank-8. On June 15, 2020, Sakyi deposited a second

$150,000.00 cashier’s check payable to NKB into Bank-8. These two cashier’s

checks were purchased on June 11, 2020, by Trosin, as identified above.

41. Sakyi then made a series of withdrawals from NKB’s account at Bank-8. On

June 15, 2020, Sakyi purchased two $9,000.00 cashier’s checks payable to

Company-3. On June 18, 2020, Sakyi withdrew $32,216.00 to purchase a

$8,963.00 cashier’s check payable to Company-4; a $3,023.00 cashier’s check

payable to Company-4; a $10,000.00 cashier’s check payable to Company-5;

and a $10,100.00 cashier’s check payable to Individual-9. On June 26, 2020,

Sakyi withdrew $109,895.00 to purchase a $109,895.00 cashier’s check payable

to Company-6. On June 26, 2020, Sakyi withdrew $121,413.00 to purchase a

$4,550.00 cashier’s check payable to Company-7; a $18,500.00 cashier’s check

13
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1414ofof1818
payable to Company-5; a $20,000.00 cashier’s check payable to Individual-10;

a $40,000.00 cashier’s check payable to Company-3; a $10,300.00 cashier’s

check payable to Individual-11; and a $28,063.00 cashier’s check payable to

Individual-11. On June 29, 2020, Sakyi withdrew $53,010.00 to purchase a

$53,000.00 cashier’s check payable to Company-6.

Bank-9

42. On July 3, 2020, Sakyi deposited a $310,000.00 cashier’s check payable to NKB

into Bank-9. The cashier’s check was purchased on July 1, 2020, by Trosin, as

identified above.

43. Sakyi then made a series of withdrawals from NKB’s account at Bank-9. On

July 16, 2020, Sakyi purchased a $263,500.00 cashier check payable to

Company-6. On July 17, 2020, Sakyi purchased a $20,000.00 cashier’s check

payable to Individual-12; a $15,000.00 cashier’s check payable to Company-4;

and a $10,000.00 cashier’s check payable to Company-8.

Bank-10

44. On July 6, 2020, Sakyi deposited two cashier’s checks each in the amount of

$150,000.00 payable to Blue Flight into its account at Bank-10. The cashier’s

checks were purchased on July 2, 2020, by Trosin, as identified above. Using

most of this $300,000, on July 17, 2020, Sakyi purchased cashier’s checks in

the amounts of $8,008.00 to Company-4; $240,832.00 to Company-6; and

$23,160.00 to Individual-13.

45. In August 2020, Sakyi spoke with Individual-15, an employee with Bank-10,

14
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1515ofof1818
about the source of funds Sakyi had deposited in Bank-10. Sakyi told

Individual-15 he did not know the name of the person he received the money

from off the top of his head. Sakyi looked up the name and said the source of

the money was Donald Trosin. Sakyi said he was referred to Donald Trosin,

and Trosin was lending him money for his business, Blue Flight Logistics.

46. In summary, Sakyi committed the following transactions with fraud proceeds:

Last Four Cashier’s Check(s)
Deposit Date(s) and
Name Entity Digits of Bank Purchased and
Amount(s)
Account Date(s)

Sakyi Blue Act 9408 Bank-10 7/6 Deposit $300,000 DT cc 7/17
Flight $8,008; $240,832;
$23,160 cc

Sakyi NKB Act 7672 Bank-8 6/12 Deposit $150,000 DT cc 6/15
6/15 Deposit $150,000 DT cc $9,000; $9,000 cc
6/18
$8,963; $3,023;
$10,000; $10,100 cc
6/26
$109,895 cc
6/26
$4,550; $18,500;
$20,000; $40,000;
$10,300; $28,063 cc
6/29
$53,000 cc

Sakyi NKB Act 7598 Bank-9 7/3 Deposit $310,000 DT cc 7/16
$263,500 cc
7/17
$20,000; $15,000,
$10,000 cc

47. Based on my training and experience, the transactions listed in the foregoing

15
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1616ofof1818
table indicate that Sakyi was engaged in money laundering in violation of 18

U.S.C. §§ 1956 and 1957. For example, the table shows Sakyi deposited two

cashier’s checks in the amount of $150,000 each into the account of Blue Flight

at Bank-10 on July 6, 2020. This deposit is a monetary transaction as defined

by 18 U.S.C. § 1957(f)(1) in an amount greater than $10,000 of proceeds

derived from the wire fraud, a specified unlawful activity as defined by

18 U.S.C. § 1956(c)(6). The money in the two cashiers’ checks came from the

proceeds of the loan obtained fraudulently by wire fraud as indicated above.

CONCLUSION

48. Based on the foregoing, my knowledge, training and experience, I respectfully

submit there is probable cause to believe Sakyi has committed a violation of

Title 18, United States Code, Section 1956(h) (Money Laundering Conspiracy),

in that he and at least one other individual entered into an agreement from no

later than May 2020, through at least July 2020, to commit money laundering

under both sections 1956 and 1957 by fraudulently obtaining loan proceeds

and engaged in financial transactions with those proceeds in amounts less than

$10,000 and greater than $10,000 in order to conceal the nature, source,

location, ownership and control of the proceeds. In fact, each time Sakyi

engaged in any monetary transaction in an amount greater than $10,000

where the proceeds involved money from the fraud, Sakyi violated 18 U.S.C.

§ 1957. Each of these financial transactions were conducted with the proceeds

of the wire fraud and were done with the intent to conceal or disguise the true

16
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1717ofof1818
Case
Case5:20-cr-04066-LTS-KEM
5:21-cr-04013-LTS-KEM Document
Document 2
71-2 Filed
Filed01/28/21
07/06/21 Page
Page1818ofof1818

File and source

File: gov.uscourts.iand.57859.71.2.pdf
Size: 1,340,795 bytes
SHA-256: 37b4a7f94e5e9a605484f782c42de288264cd264da6c0798241aabab280bc1bc
Our copy: gov.uscourts.iand.57859.71.2.pdf
Original: archive.org