Indictment — United States v. Muge Ma, No. 1:20-cr-00407 (S.D.N.Y., Dkt. 11)

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An Indictment filed 08/17/20 as Document 11 in United States of America v. Muge Ma, a/k/a "Hummer Mars," 20 Cr., in the U.S. District Court for the Southern District of New York, assigned to Judge Berman. Counts One through Nine charge major fraud against the United States, bank fraud, wire fraud, false statements to a bank, false statements, false statements to the SBA, and three counts of aggravated identity theft. The grand jury alleges that from at least in or about March 2020 through at least in or about May 2020 Ma engaged in a scheme to obtain at least several million dollars in Government-guaranteed loans for New York International Capital LLC and Hurley Human Resources LLC through the PPP and the EIDL Program. It includes forfeiture allegations.

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Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 1 of 10

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ee - - - = ~~ xX
: JUDGE BERMAN

UNITED STATES OF AMERICA

=~ Ven 3 INDICTMENT
MUGE MA, $ 20 Cr. ;

a/k/a “Hummer Mars,” ; 3) n

Defendant. : od U al 4 0 v4
COUNT ONE

(Major Fraud Against the United States)

The Grand Jury charges:

1. From at least in or about March 2020 through at least
in or about May 2020, in the Southern District of New York and
elsewhere, MUGE MA, a/k/a “Hummer Mars,” the defendant,
willfully and knowingly executed, and attempted to execute, a
scheme and artifice with the intent to defraud the United
States, and to obtain money and property by means of false and
fraudulent pretenses, representations, and promises, in a grant,
contract, subcontract, subsidy, loan, guarantee, insurance, and
other form of Federal assistance, including through an economic
stimulus, recovery and rescue plan provided by the Government,
the value of which was $1,000,000 and more, to wit, MA engaged
in a scheme to obtain at least several million dollars in
Government-guaranteed loans by means of false and fraudulent

pretenses, representations, and documents, for New York
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 2 of 10

International Capital LLC (*NYIC”) and Hurley Human Resources
LUC (“Hurley”), two companies owned and controlled by MA
(collectively, the “Ma Companies”), through two loan programs of
the United States Small Business Administration (the “SBA”)
designed to provide relief to small businesses during the novel
coronavirus/COVID-19 pandemic, namely the Paycheck Protection
Program (the “PPP”) and the Economic Injury Disaster Loan
(“EIDL”) Program.

(Title 18, United States Code, Sections 1031 and 2.)

COUNT TWO
(Bank Fraud)

The Grand Jury further charges:

2. From at least in or about March 2020 through at least
in or about May 2020, in the Southern District of New York and
elsewhere, MUGE MA, a/k/a “Hummer Mars,” the defendant,
willfully and knowingly executed, and attempted to execute, a
scheme and artifice to defraud a financial institution, the
deposits of which were insured by the Federal Deposit Insurance
Corporation (“FDIC”), and to obtain moneys, funds, credits,
assets, securities, and other property owned by, and under the
custody and control of, such financial institution, by means of
false and fraudulent pretenses, representations and promises, to
wit, MA engaged in a scheme to obtain at least several million

dollars in Government~guaranteed loans for the Ma Companies from
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 3 of 10

FDIC-insured banks through the PPP by means of false and
fraudulent pretenses, representations, and documents.
(Title 18, United States Code, Sections 1344 and 2.)

COUNT THREE
(Wire Fraud)

The Grand Jury further charges:

3. From at least in or about March 2020 through at least
in or about May 2020, in the Southern District of New York and
elsewhere, MUGE MA, a/k/a “Hummer Mars,” the defendant, having
devised and intending to devise a scheme and artifice to
defraud, and for obtaining money and property by means of false
and fraudulent pretenses, representations, and promises,
knowingly transmitted and caused to be transmitted by means of
wire, radio, and television communication in interstate and
foreign commerce, writings, signs, signals, pictures, and
sounds, for the purpose of executing such scheme and artifice,
which affected a financial institution, to wit, MA engaged ina
scheme to obtain at least several million dollars in Government -
guaranteed loans for the Ma Companies from the SBA and financial
institutions through the PPP and the EIDL Program by means of
false and fraudulent pretenses, representations, and documents,
including through emails transmitted into and out of the
Southern District of New York.

(Title 18, United States Code, Sections 1343 and 2.)
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 4 of 10

COUNT FOUR
(Making False Statements to a Bank)

The Grand Jury further charges:

4, From at least in or about March 2020 through at least
in or about May 2020, in the Southern District of New York and
elsewhere, MUGE MA, a/k/a “Hummer Mars,” the defendant,
knowingly made a false statement and report and willfully
overvalued land, property, and security, for the purpose of
influencing the actions of a financial institution, the accounts
of which were insured by the FDIC, in connection with an
application, advance, discount, purchase, purchase agreement,
repurchase agreement, commitment, and loan, and insurance
agreement and application for insurance and a guarantee, and
charge and extension of any of the same, by renewal, deferment
of action and otherwise, and the acceptance, release and
substitution of security therefor, to wit, MA made false
statements to FDIC-insured banks regarding, among other things,
the number of employees of the Ma Companies and the wages paid
to employees of the Ma Companies, for the purpose of obtaining
at least several million dollars in Government-guaranteed loans
for the Ma Companies through the PPP.

(Title 18, United States Code, Sections 1014 and 2.)
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 5 of 10

COUNT FIVE
(Making False Statements)

The Grand Jury further charges:

5. From at least in or about March 2020 through at least
in or about May 2020, in the Southern District of New York and
elsewhere, MUGE MA, a/k/a “Hummer Mars,” the defendant, ina
matter within the jurisdiction of the executive branch of the
Government of the United States, knowingly and willfully
falsified, concealed and covered up by a trick, scheme and
device a material fact, made a materially false, fictitious, and
fraudulent statement and representation and made and used a
false writing and document knowing the same to contain a
materially false, fictitious, and fraudulent statement and
entry, to wit, MA made false and misleading statements to the
SBA regarding, among other things, the number of employees of
the Ma Companies, for the purpose of obtaining loans for the Ma
Companies through the EIDL Program administered by the SBA.

(Title 18, United States Code, Sections 1001 and 2.)

COUNT SIX
(Making False Statements to the SBA)

The Grand Jury further charges:

6. From at least in or about March 2020 through at least
in or about May 2020, in the Southern District of New York and
elsewhere, MUGE MA, a/k/a “Hummer Mars,” the defendant,

knowingly and willfully made a false statement, knowing such
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 6 of 10

statement to be false, for the purpose of obtaining a loan,
extension thereof by deferral of action and otherwise, and the
acceptance, release and substitution of security therefor, for
himself and an applicant, influencing in any way the action of
the SBA, and obtaining money, property, or anything of value,
under Chapter 14 of Title 15 of the United States Code, to wit,
MA made false statements to the SBA regarding, among other
things, the number of employees of the Ma Companies, for the
purpose of obtaining loans for the Ma Companies through the EIDL
Program administered by the SBA.

(Title 15, United States Code, Sections 645(a), and Title 18,
United States Code, Section 2.)

COUNT SEVEN
(Aggravated Identity Theft)

The Grand Jury further charges;

7. From at least in or about March 2020 through at least
in or about May 2020, MUGE MA, a/k/a “Hummer Mars,” the
defendant, knowingly did transfer, possess, and use, without
lawful authority, a means of identification of another person,
during and in relation to a felony violation enumerated in Title
18, United States Code, Section 1028A(c), to wit, MA used the
name and identity of another person (*“Individual-1”) in
connection with the submission of a fraudulent loan application

and supporting documentation to at least one financial
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 7 of 10

institution during and in relation to the fraud and false
statement charges in Counts One through Five of this Indictment.

(Title 18, United States Code, Sections 1028A(a) (1), (b) &
(ec) (4)-(5), and 2.)

COUNT EIGHT
(Aggravated Identity Theft)

The Grand Jury further charges:

8. From at least in or about March 2020 through at least
in or about May 2020, MUGE MA, a/k/a “Hummer Mars,” the
defendant, knowingly did transfer, possess, and use, without
lawEul authority, a means of identification of another person,
during and in relation to a felony violation enumerated in Title
18, United States Code, Section 1028A(c), to wit, MA used the
name and identity of another person (“Individual-2”) in
connection with the submission of a fraudulent loan application
and supporting documentation to at least one financial
institution during and in relation to the fraud and false
statement charges in Counts One through Five of this Indictment.

(Title 18, United States Code, Sections 1028A(a) (1), (b) &
(c) (4)-(5), and 2.)

COUNT NINE
(Aggravated Identity Theft)

The Grand Jury further charges:
9. From at least in or about March 2020 through at least
in or about May 2020, MUGE MA, a/k/a “Hummer Mars," the

defendant, knowingly did transfer, possess, and use, without
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 8 of 10

lawful authority, a means of identification of another person,
during and in relation to a felony violation enumerated in Title
18, United States Code, Section 1028A(c), to wit, MA used the
name and identity of another person (“Individual-3”) in
connection with the submission of a fraudulent loan application
and supporting documentation to at least one financial
institution during and in relation to the fraud and false
statement charges in Counts One through Five of this Indictment.

(Title 18, United States Code, Sections 1028A(a) (1), (b) &
(c) (4)-(5), and 2.)

FORFEITURE ALLEGATIONS

10. As the result of committing the offenses charged in
Counts Two through Four of this Indictment, MUGE MA, a/k/a
“Hummer Mars,” the defendant, shall forfeit to the United
States, pursuant to Title 18, United States Code, Section
982(a) (2) (A), any and all property constituting, or derived
from, proceeds obtained directly or indirectly, as a result of
the commission of said offenses, including but not limited to a
gum of money in United States currency representing the amount
of proceeds traceable to the commission of said offenses,

Substitute Assets Provision

11. If any of the above-described forfeitable property, as
a result of any act or omission of the defendant:
a. cannot be located upon the exercise of due

diligence;
Case 1:20-cr-00407-RMB Document11 Filed 08/17/20 Page 9 of 10

b. has been transferred or sold to, or deposited

with, a third person;

Cc. has been placed beyond the jurisdiction of the
Court;

d. has been substantially diminished in value; or

e. has been commingled with other property which

cannot be subdivided without difficulty;
it is the intent of the United States, pursuant to Title 21,
United States Code, Section 853({p), and Title 28, United States
Code, Section 2461, to seek forfeiture of any other property of
the defendant up to the value of the forfeitable property
described above.

(Title 18, United States Code, Section 982;

Title 21, United States Code, Section 853; and
Title 28, United States Code, Section 2461.)

FOR#PERSON UDREY sTRhUSS
Acting United States Attorney
Case 1:20-cr-00407-RMB Document 11 Filed 08/17/20 Page 10 of 10

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

MUGA MA,

a/k/a “Hummer Mars,”

Defendant.

INDICTMENT
20 Cr,

(15 U.S.C. § 645(a) and 18 U.S.C. §§

1014, 1028A, 1031, 1343 and 1344.

AUDREY STRAUSS

1001,

Acting United States Attorney

J Foreperson


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