Indictment — United States v. Michael Eugene Bolte, District of Montana (Document 2)

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Indictment filed July 8, 2021 as Document 2 in United States of America v. Michael Eugene Bolte, Case 1:21-cr-00046-SPW (CR21-46-BLG-SPW), United States District Court for the District of Montana, Billings Division. Count I charges wire fraud under Title 18 U.S.C. § 1343, alleging that the defendant devised a scheme to defraud the SBA by falsely certifying that EIDL loan proceeds would be used as working capital. Count II charges engaging in a monetary transaction in property derived from specified unlawful activity under Title 18 U.S.C. § 1957, alleging a transfer of $75,000. The indictment includes a forfeiture allegation listing four automobiles. It is five pages.

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       Case 1:21-cr-00046-SPW Document 2 Filed 07/08/21 Page 1 of 5
                                                                         7/8/2021



 MICHAEL A. KAKUK
Assistant U.S. Attorney
U.S. Attorney's Office
901 Front Street, Suite1100
 Helena, MT 59626
 Phone:     (406) 457-5262
Fax:        (406) 457-5130
E-mail:     michael.kakuk usdoj.gov

ATTORNEY FOR PLAINTIFF
UNITED STATES OF AMERICA

              IN THE UNITED STATES DISTRICT COURT
                  FOR THE DISTRICT OF MONTANA
                        BILLINGS DIVISION

 UNITED STATES OF AMERJCA,            CR21-46 -BLG-SPW

            Plaintiff,                lNDICTMENT

      vs.                             WIRE FRAUD (Count I)
                                      Title 18 U..C. § 1343
                                      (Penalt y : 20 years imprisonment,
 MICHAEL EUGENE BOLTE,
                                      $250,000 fine, three year supervised
                                      release)
            Defendant.
                                      E GAGI G I MONETARY
                                      TRANSACTIO          IN PROPERTY
                                      DERlVED FROM PECIBIED
                                      U LAWFUL ACTIVITY (Count ll)
                                      Title 18 U.S.C. § 1957
                                      (Penalty: 10 years imprisonment
                                       250,000 fine, three years superv ised
                                      relea e)

                                      CRIMI AL FORFEIT RE
                                         ..C. §§ 981(a)(l)( C) and 982(a)(l)
                                      18 U
                                      28 U. .C. § 2461(c)

THE GRAND JURY CHARGES:
           Case 1:21-cr-00046-SPW Document 2 Filed 07/08/21 Page 2 of 5




                                       COUNTI

       I   .   In response to the covid- l 9 pandemic. the United States Small

Business Administration ("SBA') instituted the Economic Iniury Disaster Loan

program ("EIDL") to provide economic relief to small businesses and nonprofit

organizations that experienced a temporary loss ofrevenue. As part ofthe loan

process, business owners were informed and acknowledged that the loan proceeds

were to be used solely as "working capital," that is, for business operating

expenses.

      2.       FromonoraboutApril 1,2020, toonoraboutMarch4,202l,the

defendant. MICHAEL EUGENE BOLTE. devised and intended to devise a

scheme to defraud the SBA, and to obtain money and property by means of

materially false and fraudulent pretenses, representations, and promises: namely

the defendant falsely certified that EIDL loan proceeds were to be used as working

capital for the business, when in fact the loan proceeds were intended to be used-

and in fact were used-for defendant's personal benefit.

      3.       It was part of the scheme that on or about May 24,2020, n

Yellowstone County, in the State and District of Montana. the defendant.

MICHAEL EUGENE BOLTE, for the purpose of executing the scheme described

above, caused to be transmitted by means of wire communication in interstate

commerce, the si-ened loan authorization and agleement for an EIDL loan to SBA.


                                           l
           Case 1:21-cr-00046-SPW Document 2 Filed 07/08/21 Page 3 of 5




falsety certifoing that the loan proceeds would be used as working capital for the

business.

       In violation of l8 U.S.C. $ I 343.

                                       COUNT II

       On or about June 7 . 2020, in the District of Montana the defendant.

MICIIAEL EUGENE BOLTE, did knowingly engage and attempt to engage in a

monetary transaction by, through. and to a financial institution. affecting interstate

and foreign commerce. in criminally derived properly of a value greater than

$10,000, that is a transfer of$75,000 in U.S. currency, such property having been

derived from a specified unlau,trrl activity. that is, the wire fraud transaction set

forth in count I above. in violation of l8 U.S.C. $$ 1957 and 2.

                            FORFEITURE ALLEGATION

       1.      Upon conviction of the offense set forth in count I of this indictment,

the defendant, MICHAEL EUGENE BOLTE, shall forfeit to the United States,

pursuant to l8 U.S.C. $ 981(a)(1)(C) and 28 U.S.C. g 2461(c), any property. real

and personal, which constitutes and is derived from proceeds traceable to said

offense.

      2.       Upon conviction of the offense set forth in count II of this indictment,

the defendant, MICHAEL EUGENE BOLTE. shall forfeit ro the United States.




                                            -)
          Case 1:21-cr-00046-SPW Document 2 Filed 07/08/21 Page 4 of 5




pursuant to 1 8 U.S.C. $ 982(aX 1 ), any property, real and personal, involved in

such offense. and any property traceable to such property.

      3.      The properry to be forfeited includes, but is not limited to, the

following:

              a.    1916 Studebaker automobile, VIN 219539;

              b.    1929 Franklin automobile, VIN 30193685;

              c.    1939 Ford Deluxe automobile, VIN 5064524; and

              d.    1941 Ford Super Deluxe automobile. VIN 186334237.

      4       Ifany ofthe properfy described above. as a result ofany act or

omission of the defendant:

              a,    cannot be located upon the exercise ofdue diligence;

              b.    has been transferred or sold to. or deposited with, a third pany-;

              c.    has been placed beyond the jurisdiction ofthe court;

              d.    has been substantially diminished in value; or

              e.    has been commingled with other property which cannot be

                    divided without diffi culty,




                                           .+
         Case 1:21-cr-00046-SPW Document 2 Filed 07/08/21 Page 5 of 5




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

pursuant to 2l U.S.C. $ 853(p), as incorporated by 28 U.S.C. g 2461(c).

      A TRUE BILL.                 Foreperson signature redacted. Original document filed
                                   under seal.




Acting                Attorney



          E.
          Chief Assistant U.S. Atomey


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