Indictment — United States v. Jemar Ahton Mason et al., Western District of Michigan (ECF No. 1)
Summary
A grand jury Indictment in United States v. Jemar Ahton Mason, David Kurbanov, Dennis Lynn Cartwright, Jr., Andre Jackson and James Williams, Case 1:21-cr-00069-RJJ, in the United States District Court for the Western District of Michigan, Southern Division, filed March 31, 2021. It alleges that Mason and Kurbanov applied to MBE Capital Partners for PPP loans for In a Minute Entertainment, LLC and Kurbanov Communications, LLC, claiming 52 and 37 employees when the companies had no employees, supported by false tax documents prepared by Williams. It alleges that MBE transferred $700,375.00 and $794,692.00 and that the defendants disguised personal spending as payroll, with at least $349,000 used for personal purposes. The forfeiture allegations cover counts under 18 U.S.C. § 1957.
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“Indictment — United States v. Jemar Ahton Mason et al., Western District of Michigan (ECF No. 1).”
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Case 1:21-cr-00069-RJJ ECF No. 1, PageID.1 Filed 03/31/21 Page 1 of 28
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v. INDICTMENT
JEMAR AHTON MASON,
DAVID KURBANOV,
DENNIS LYNN CARTWRIGHT, JR.,
ANDRE JACKSON, and
JAMES WILLIAMS,
Defendants.
_____________________________________/
The Grand Jury charges:
INTRODUCTION
At all times relevant to this Indictment:
Defendants and Related Entities
1. DAVID KURBANOV is a resident of Wyoming, Michigan. DAVID
KURBANOV was and is the registered agent for In A Minute Entertainment, LLC
and Kurbanov Communications, LLC.
2. JEMAR AHTON MASON is a resident of Grand Rapids, Michigan.
JEMAR AHTON MASON was KURBANOV’s business partner in In a Minute
Entertainment, LLC.
3. DAVID KURBANOV established In A Minute Entertainment, LLC in
2015. In a Minute Entertainment, LLC’s stated purpose on its articles of organization
was to “plan and execute entertainment productions.” No annual statement was filed
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for In a Minute Entertainment, LLC from the time of its incorporation until on or
about October 6, 2020. The registered office of In a Minute Entertainment, LLC is in
Kent County, in the Western District of Michigan.
4. DAVID KURBANOV established Kurbanov Communications, LLC in
2015. Kurbanov Communications, LLC’s stated purpose on its articles of
organization was to “facilitate distribution of cellular devices.” No annual statement
was filed for Kurbanov Communications, LLC from the time of its incorporation until
on or about September 9, 2020. The registered office of Kurbanov Communications,
LLC is in Wyoming, Michigan, in the Western District of Michigan.
5. In June 2020, In A Minute Entertainment, LLC and Kurbanov
Communications, LLC were nonfunctional. The companies did not have legitimate
customers or employees. Neither company had an open business savings or checking
account.
6. DENNIS LYNN CARTWRIGHT, JR. is a resident of Grand Rapids,
Michigan. CARTWRIGHT was and is the registered agent for Auto Den, LLC;
Cartwright Construction, LLC; Car Genie, LLC and several other companies.
7. ANDRE JACKSON is a resident of Fayetteville, Georgia. JACKSON
was the registered agent for Option Point Enterprises, LLC. Option Point
Enterprises, LLC advertised that they obtained loans for clients “bigger than the
government.”
8. JACKSON also solicited investors for a Standby Letter of Credit
(“SBLC”) program in which money was purportedly sent overseas for a period of
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WLPH. After that, the principle was allegedly returned to the investor, with
additional periodic high-yield profits to follow.
9. JAMES WILLIAMS is a resident of Dacula, Georgia. JAMES
WILLIAMS operates Premier Accounting Services, LLC. Premier Accounting
Services, LLC is an accounting firm. JAMES WILLIAMS is a business associate of
ANDRE JACKSON.
10. MBE Capital Partners is a non-bank, state finance company whose
loans are insured by the San Francisco Federal Reserve. MBE Capital Partners is
headquartered in New York.
The Small Business Administration & The Coronavirus Aid, Relief,
and Economic Security Act
11. The Small Business Administration (“SBA”) is an executive branch
agency of the United States government that provides support to entrepreneurs and
small businesses. The mission of the SBA is to maintain and strengthen the nation’s
economy by enabling the establishment and viability of small business and by
assisting in the economic recovery of communities after disasters.
12. The SBA enables and provides for loans through banks, credit unions,
and other lenders. These loans have government-backed guarantees.
13. On March 13, 2020, President Donald Trump declared a national
emergency due to the COVID-19 pandemic.
14. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was
a federal law enacted in or around March 2020 and designed to provide emergency
financial assistance to the millions of Americans who were suffering the economic
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.4 Filed 03/31/21 Page 4 of 28
effects caused by the COVID-19 pandemic. One source of relief provided by the
CARES Act was the authorization of up to $349 billion in forgivable loans to small
businesses for job retention and certain other expenses, through a program called the
Paycheck Protection Program (“PPP”). In or around April 2020, Congress authorized
over $320 billion in additional funding for PPP loans.
15. In order to obtain a PPP Loan, a business would submit a PPP loan
application, signed by an authorized representative of the business. The PPP loan
application required the business (through its authorized representative) to
acknowledge the program rules and make certain affirmative certifications regarding
its eligibility. In the application, the small business’ authorized representative was
required to provide, among other things, the business’s average monthly payroll
expenses and number of employees. These figures were used to calculate the
business’s eligibility and the amount of money it could receive under the PPP. In
addition, businesses applying for a PPP loan were required to provide documentation
showing their payroll expenses.
16. PPP loan proceeds were required to be used by the business for certain
permissible expenses, such as payroll costs, interest on mortgages, rent, and utilities.
The PPP allowed the interest and principal on the PPP loan to be entirely forgiven
by the SBA if the business spent the loan proceeds on these items within a designated
period of time and used at least a certain percentage of the PPP loan for payroll
expenses.
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17. To gain access to funds through the PPP, small businesses applied
through financial institutions participating in the PPP and received the loans directly
from those financial institutions as the lender. The SBA oversaw the PPP and
guaranteed the loans issued by the lender.
18. Participating financial institutions required applicants for PPP loans to
provide truthful information, including truthful information about the business’s
operating expenses and how the PPP loan would be used, which information was
material to lenders’ approval, terms, and funding of loans. Data from the application,
including information about the borrower, total amount of the loan, number of
employees, and salaries was transmitted by the lender to the SBA in the course of
processing the loan.
MASON and KURBANOV Apply for PPP Loans with the Assistance of JACKSON
and WILLIAMS
19. In or about June 2020, JEMAR AHTON MASON and DAVID
KURBANOV devised a scheme to fraudulently obtain PPP loans, which was joined
and supported by ANDRE JACKSON and JAMES WILLIAMS.
20. MASON and KURBANOV planned to apply for PPP loans for In a
Minute Entertainment, LLC and Kurbanov Communications, LLC, respectively.
21. MASON and KURBANOV planned to provide a portion of the PPP loan
proceeds to ANDRE JACKSON, who would purportedly invest them in a Standby
Letter of Credit (“SBLC”) program which would yield profits for JACKSON, MASON,
and KURBANOV
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22. ANDRE JACKSON introduced MASON and KURBANOV to
WILLIAMS so WILLIAMS could assist MASON and KURBANOV with applying for
PPP loans.
23. Specifically, WILLIAMS prepared fraudulent U.S. tax documents for
MASON and KURBANOV to support their PPP loan applications. WILLIAMS was
aware that MASON and KURBANOV were making false representations to induce
lenders to approve their PPP loans. WILLIAMS, MASON, and KURBANOV knew
that the tax documents WILLIAMS prepared included false representations
concerning the income, employees, and salaries of In a Minute Entertainment, LLC
and Kurbanov Communications, LLC.
24. On or about June 29, 2020, MASON and KURBANOV applied for a PPP
loan for In a Minute Entertainment, LLC from MBE Capital Partners. To apply for
the loan, they transmitted their application by wire communication from Michigan to
New York, where MBE Capital Partners is headquartered.
25. The loan application contained materially false and fraudulent
information, including:
a. a statement that the company’s average monthly payroll was
$317,877.00 when, in truth and in fact, it had no payroll expenses;
b. a statement that the company had 52 employees, when, in truth and in
fact, it had no employees;
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c. a certification that MASON had not been convicted of a felony within
the preceding five years when, in truth and in fact, MASON had been
convicted of a felony on or about January 21, 2016;
d. certifications that the loan proceeds would be used to retain workers
and maintain payroll or make mortgage interest payments, lease
payments, and utility payments when, in truth and in fact, MASON and
KURBANOV sought the PPP loans for their own personal use and
enrichment; and
e. the application also included the fraudulent tax forms prepared by
JAMES WILLIAMS to support the application.
26. On or about June 30, 2020, JEMAR AHTON MASON and DAVID
KURBANOV applied for a PPP loan for Kurbanov Communications, LLC from MBE
Capital Partners. To apply for the loan, they transmitted their application by wire
communication from Michigan to New York, where MBE Capital Partners is
headquartered.
27. The loan application contained materially false and fraudulent
information, including:
a. a statement that the company’s average monthly payroll was
$280,150.00 when, in truth and in fact, it had no payroll expenses;
b. a statement that the company had 37 employees, when, in truth and in
fact, it had no employees;
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c. certifications that the loan proceeds would be used to retain workers and
maintain payroll or make mortgage interest payments, lease payments,
and utility payments when, in truth and in fact, MASON and
KURBANOV sought the PPP loans for their own personal use and
enrichment; and
d. the application also included the fraudulent tax forms prepared by
JAMES WILLIAMS to support the application.
28. The fraudulent loan applications for In a Minute Entertainment, LLC
and Kurbanov Communications, LLC induced MBE Capital Partners to approve both
loans.
29. On or about August 6, 2020, MBE Capital Partners transferred
$700,375.00, which represented the PPP loan proceeds for Kurbanov
Communications, LLC (SBA Loan #6365298007) to an account at JP Morgan Chase
(account ending in -6216) for which DAVID KURBANOV was the authorized signer.
30. On or about August 14, 2020, MBE Capital Partners transferred
$794,692.00, which represented the PPP loan proceeds for In a Minute
Entertainment, LLC (SBA Loan #6603048009) to an account at Bloom Credit Union
(account ending in -6948) for which JEMAR AHTON MASON and DAVID
KURBANOV were the authorized signers.
MASON and KURBANOV Misappropriate PPP Loan Proceeds at the
Direction and with the Assistance of JACKSON, WILLIAMS and
CARTWRIGHT
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31. After receiving these two loans, JACKSON and WILLIAMS spoke with
MASON and KURBANOV about how to invest the PPP loan proceeds in JACKSON’s
SBLC program without being detected by authorities.
32. After receiving the PPP loan proceeds, in or about August 2020, through
and including September 2020, MASON and KURBANOV distributed the proceeds
of the two PPP loans, in part, to friends and family and labeled these payments as
“payroll” to conceal from authorities that they were misappropriating the loan funds
and that they had made false and misleading representations on their PPP loan
applications. PPP loan program rules limit the amount of PPP loan funds a business
can pay to any employee in a given month as wages to $8,330. Many of the payments
MASON and KURBANOV paid to individual family members in a given month
exceeded this amount.
33. MASON and KURBANOV each spoke with DENNIS LYNN
CARTWRIGHT, JR. on multiple occasions about ways to ensure that their
misappropriation of the PPP loan proceeds would not come to law enforcement’s
attention. CARTWRIGHT counseled MASON and KURBANOV to disguise their
personal spending as payroll by paying with checks and writing “payroll” on them.
CARTWRIGHT further advised MASON on multiple occasions to avoid spending the
loan proceeds on frivolous items and to invest the fraud proceeds to generate
investment returns. CARTWRIGHT was aware when he counseled MASON that
investing PPP loan proceeds was a violation of the PPP loan terms.
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.10 Filed 03/31/21 Page 10 of 28
34. KURBANOV made the following transfers from Kurbanov
Communications, LLC’s PPP loan proceeds (SBA Loan #6365298007) to
CARTWRIGHT. These transfers were in violation of the loan terms because
CARTWRIGHT was not an employee of Kurbanov Communications, LLC and the
payments exceeded the $8,330 limit that an employee may be paid in one month:
a. $450 on August 11, 2020, via Zelle;
b. $15,000 on August 11, 2020, via cashier’s check (made out to Auto
Den); and
c. $6,000 on August 13, 2020, via cashier’s check.
35. On or about August 19, 2020, MASON issued a check, drawn from the
loan proceeds obtained by In A Minute Entertainment, LLC, generated from SBA
Loan #6603048009, to Car Genie, LLC for $20,000. Car Genie, LLC is a car
dealership owned and operated by DENNIS LYNN CARTWRIGHT, JR. and another
individual.
36. CARTWRIGHT is not and has never been an employee of Kurbanov
Communications, LLC or In A Minute Entertainment, LLC. Furthermore, the
$20,000 check exceeded the $8,330 monthly limit on payroll distributions to any one
employee. CARTWRIGHT knew the payments he received from these companies
were from the fraudulent PPP loan proceeds.
37. On or about September 2, 2020, In A Minute Entertainment, LLC issued
a check to JAMES WILLIAMS, drawn from the loan proceeds generated from SBA
Loan #6603048009, in the amount of $70,000. The memo line of the check falsely
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indicated that it was “payroll,” in order to conceal MASON and KURBANOV’s
misappropriation of the funds and the fact that they had fraudulently obtained a PPP
loan. WILLIAMS is not and has never been an employee of In A Minute
Entertainment, LLC. Further, the $70,000 check exceeded the $8,330 monthly limit
on payroll distributions to any one employee.
38. In or about August 2020, MASON and KURBANOV used at least
$349,000 of the PPP loan proceeds for their own personal purposes, including for
jewelry, travel expenses, legal fees, and payments to friends and family who never
worked for In A Minute Entertainment, LLC or Kurbanov Communications, LLC.
39. On or about August 11, 2020, KURBANOV signed a contract to
participate in an SBLC investment with ANDRE JACKSON.
40. On August 26, 2020, regarding the PPP loan proceeds, JACKSON told
MASON, “return that money within an eight-week period of time, they can say
nothing to you.” JACKSON said that once MASON and KURBANOV provided him
with funds from their PPP loans, he would return the money to them within 35 days,
so that they could return it to the lender. JACKSON further said that “payouts”
would begin 55 days later.
41. On August 27, 2020, MASON asked WILLIAMS for advice regarding
investing $500,000 of PPP loan proceeds in the SBLC program with JACKSON.
WILLIAMS told MASON that he could avoid taxes by keeping the money overseas,
but not to deal with small banks overseas as they could “get into money laundering
issues.”
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42. On August 27, 2020, JACKSON directed KURBANOV and MASON to
wire $500,000 overseas via a “global wire.” MASON and KURBANOV attempted to
send the money to the wrong account and the wire transfer was unsuccessful.
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.13 Filed 03/31/21 Page 13 of 28
COUNT 1
(Conspiracy to Commit Wire Fraud)
The Grand Jury realleges and incorporates by reference the allegations made
above in paragraphs 1 through 38 as if fully set forth herein.
From in or about June 2020 to in or about December 2020, in Kent County, in
the Southern Division of the Western District of Michigan, and elsewhere,
JEMAR AHTON MASON,
DAVID KURBANOV,
ANDRE JACKSON, and
JAMES WILLIAMS
conspired with each other and with persons known and unknown to the Grand Jury,
to devise a scheme and artifice to defraud and to obtain money from the SBA through
MBE Capital Partners by means of false and fraudulent pretenses, representations,
and promises using wire communications in interstate commerce, and the scheme
and artifice related to and involved Paycheck Protection Program loans, a benefit
authorized, transferred, disbursed, or paid in connection with a presidentially
declared emergency.
Object of the Conspiracy
The principal object of the conspiracy was to obtain money from the Small
Business Administration’s PPP loan program by means of false and fraudulent
pretenses and representations to unlawfully enrich themselves, including by
converting to their own personal use the PPP loan proceeds fraudulently obtained
from the SBA, which were dispensed by MBE Capital Partners.
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.14 Filed 03/31/21 Page 14 of 28
18 U.S.C. § 1349
18 U.S.C. § 1343
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.15 Filed 03/31/21 Page 15 of 28
COUNT 2
(Wire Fraud)
The Grand Jury realleges and incorporates by reference the allegations made
above in paragraphs 1 through 38 as if fully set forth herein.
From in or about June 2020 to in or about November 2020, in Kent County, in
the Southern Division of the Western District of Michigan, and other places,
JEMAR AHTON MASON,
DAVID KURBANOV,
ANDRE JACKSON and
JAMES WILLIAMS
knowingly devised a scheme and artifice to defraud and to obtain money from the
SBA through MBE Capital Partners by means of false and fraudulent pretenses,
representations, and promises. The scheme and artifice related to and involved
Paycheck Protection Program loans, a benefit authorized, transferred, disbursed, or
paid in connection with a presidentially declared emergency.
The Wires
For the purpose of executing the scheme and artifice to defraud, the defendants
transmitted and caused to be transmitted certain writings, signs, signals, and sounds
in interstate commerce by means of a wire communication. Specifically, on or about
the dates indicated, the defendants transmitted, and caused to be transmitted, the
following interstate wire communications in furtherance of the scheme:
On or About Description
June 29, 2020 MASON and KURBANOV electronically transmitted by wire
communication a PPP loan application for In a Minute
Entertainment, LLC to MBE Capital Partners
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.16 Filed 03/31/21 Page 16 of 28
June 30, 2020 MASON and KURBANOV electronically transmitted by wire
communication a PPP loan application for Kurbanov
Communications, LLC to MBE Capital Partners
August 6, 2020 MBE Capital Partners transferred $700,375.00, which
represented the PPP loan proceeds for Kurbanov
Communications, LLC (SBA Loan #6365298007) to an
account at JP Morgan Chase (account ending in -6216) for
which DAVID KURBANOV was the authorized signer
August 14, 2020 MBE Capital Partners transferred $794,692.00, which
represented the PPP loan proceeds for In a Minute
Entertainment, LLC (SBA Loan #6603048009) to an account
at Bloom Credit Union (account ending in -6948) for which
JEMAR AHTON MASON and DAVID KURBANOV were the
authorized signers
August 27, 2020 MASON and KURBANOV attempted to transfer by wire
$500,000 of the PPP loan proceeds for Kurbanov
Communications, LLC (SBA Loan #6365298007) from
KURBANOV’s account at JP Morgan Chase (account ending
in -6216) to a foreign bank account, at the direction of ANDRE
JACKSON (transaction #654570336430001)
18 U.S.C. § 1343
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.17 Filed 03/31/21 Page 17 of 28
COUNT 3
(Conspiracy to Commit Concealment Money Laundering)
The Grand Jury realleges and incorporates by reference the allegations made
above in paragraphs 1 through 38 as if fully set forth herein.
From in or about June 2020 until in or about December 2020, in Kent County,
in the Southern Division of the Western District of Michigan, and elsewhere,
JEMAR AHTON MASON,
DAVID KURBANOV,
DENNIS LYNN CARTWRIGHT, JR.,
ANDRE JACKSON, and
JAMES WILLIAMS
knowingly combined, conspired, confederated, and agreed with each other and with
other persons known and unknown to the Grand Jury to knowingly conduct and
attempt to conduct financial transactions affecting interstate commerce, which
involved the proceeds of a specified unlawful activity, that is, wire fraud, in violation
of 18 U.S.C. § 1343, as charged in Count 2, of this Indictment, knowing that the
transactions were designed in whole or in part to conceal and disguise the nature,
location, source, ownership, and control of the proceeds of that specified unlawful
activity, and that while conducting and attempting to conduct such financial
transactions, knew that the property involved in the financial transactions
represented the proceeds of some form of unlawful activity.
18 U.S.C. § 1956(h)
18 U.S.C. § 1956(a)(1)(B)(i)
18 U.S.C. §§ 1956(c)(1) (2), (3), (4), (7), (9)
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.18 Filed 03/31/21 Page 18 of 28
COUNT 4
(Attempting to Engage in a Monetary Transaction in Property Derived
from Specified Unlawful Activity and Aiding and Abetting)
The Grand Jury realleges and incorporates by reference the allegations made
above in paragraphs 1 through 38 as if fully set forth herein.
On or about August 27, 2020, in Kent County, in the Southern Division of the
Western District of Michigan, and elsewhere,
JEMAR AHTON MASON,
DAVID KURBANOV, and
ANDRE JACKSON
knowingly attempted to engage in, and aided and abetted the engaging in, a monetary
transaction, in and affecting commerce, in criminally derived property of a value
greater than $10,000 that was derived from a specified unlawful activity, that is, wire
fraud, in violation of 18 U.S.C. § 1343, as charged in Count 2 of this Indictment.
Specifically, MASON and KURBANOV attempted to transfer by wire $500,000 of
fraudulently obtained PPP loan proceeds from a bank account (ending in -6216) at JP
Morgan Chase Bank, a financial institution, to a foreign bank account at the direction
of ANDRE JACKSON (identified as transaction #654570336430001).
18 U.S.C. § 1957
18 U.S.C. § 2
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COUNT 5
(Attempting to Engage in a Monetary Transaction in Property Derived
from Specified Unlawful Activity and Aiding and Abetting)
The Grand Jury realleges and incorporates by reference the allegations made
above in paragraphs 1 through 38 as if fully set forth herein.
On or about September 2, 2020, in Kent County, in the Southern Division of
the Western District of Michigan, and elsewhere,
JEMAR AHTON MASON and
DAVID KURBANOV
knowingly attempted to engage in, and aided and abetted the attempted engaging in,
a monetary transaction, in and affecting commerce, in criminally derived property of
a value greater than $10,000 that was derived from a specified unlawful activity, that
is, wire fraud, in violation of 18 U.S.C. § 1343, as charged in Count 2 of this
Indictment. Specifically, MASON and KURBANOV attempted to withdraw $70,000
by drafting check #1001 from In a Minute Entertainment, LLC’s checking account
(ending in -6948) at Bloom Credit Union, a financial institution, made payable to
JAMES WILLIAMS.
18 U.S.C. § 1957
18 U.S.C. § 2
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COUNT 6
(Attempting to Engage in a Monetary Transaction in Property Derived
from Specified Unlawful Activity)
The Grand Jury realleges and incorporates by reference the allegations made
above in paragraphs 1 through 38 as if fully set forth herein.
On or about September 3, 2020, in Kent County, in the Southern Division of
the Western District of Michigan, and elsewhere,
JAMES WILLIAMS
knowingly attempted to engage in a monetary transaction, in and affecting
commerce, in criminally derived property of a value greater than $10,000 that was
derived from a specified unlawful activity, that is, wire fraud, in violation of 18 U.S.C.
§ 1343, as charged in Count 2 of this Indictment. Specifically, WILLIAMS attempted
to deposit $70,000 into his account (ending in -5643) at Navy Federal Credit Union,
a financial institution, in the form of check #1001 that was drawn on In a Minute
Entertainment, LLC’s checking account at Bloom Credit Union that WILLIAMS
received from JEMAR AHTON MASON and DAVID KURBANOV.
18 U.S.C. § 1957
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COUNT 7
(Engaging in a Monetary Transaction in Property Derived from Specified
Unlawful Activity)
The Grand Jury realleges and incorporates by reference the allegations made
above in paragraphs 1 through 38 as if fully set forth herein.
On or about August 11, 2020, in Kent County, in the Southern Division of the
Western District of Michigan, and elsewhere,
DAVID KURBANOV
knowingly engaged in a monetary transaction, in and affecting commerce, in
criminally derived property of a value greater than $10,000 that was derived from a
specified unlawful activity, that is, wire fraud, in violation of 18 U.S.C. § 1343, as
charged in Count 2 of this Indictment. Specifically, DAVID KURBANOV withdrew
$15,000 from an account (ending in -6216) at JP Morgan Chase, a financial
institution, by JP Morgan Chase Bank cashier’s check #9041421179, made payable
to Auto Den, LLC.
18 U.S.C. § 1957
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.22 Filed 03/31/21 Page 22 of 28
COUNT 8
(Engaging in a Monetary Transaction in Property Derived from Specified
Unlawful Activity)
The Grand Jury realleges and incorporates by reference the allegations
made above in paragraphs 1 through 38 as if fully set forth herein.
On or about August 11, 2020, in Kent County, in the Southern Division of the Western
District of Michigan, and elsewhere,
DENNIS LYNN CARTWRIGHT, JR.
knowingly engaged in a monetary transaction, in and affecting commerce, in
criminally derived property of a value greater than $10,000 that was derived from a
specified unlawful activity, that is, wire fraud, in violation of 18 U.S.C. § 1343, as
charged in Count 2 of this Indictment. Specifically, CARTWRIGHT deposited
$15,000 into an account ending -3608 at JP Morgan Chase Bank, a financial
institution, by JP Morgan Bank cashier’s check #9041421179 remitted by DAVID
KURBANOV).
18 U.S.C. § 1957
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.23 Filed 03/31/21 Page 23 of 28
FORFEITURE ALLEGATION 1
(Counts 1 and 2 – Conspiracy to Commit Wire Fraud and Wire Fraud)
The allegations contained in Count 1 and 2 of this Indictment are hereby re-
alleged and incorporated by reference for the purpose of alleging forfeitures pursuant
to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c).
Pursuant to 18 U.S.C. § 981(a)(1)(C), upon conviction of the violation of 18
U.S.C. §§ 1349 and 1343 set forth in Count 1 and 2 of this Indictment, the defendants,
JEMAR AHTON MASON,
DAVID KURBANOV,
ANDRE JACKSON, and
JAMES WILLIAMS,
shall forfeit to the United States of America any property, real or personal, which
constitutes or is derived from proceeds traceable to the violation. The property to be
forfeited includes, but is not limited to, the following:
1. $615,767.39 U.S. currency seized from In A Minute Entertainment,
LLC’s Bloom Credit Union account in the name of DAVID KURBANOV
and JEMAR AHTON MASON (20-IRS-000362);
2. $5,797.56 U.S. currency seized from DAVID KURBANOV’s Fifth Third
account (21-IRS-000003);
3. $502,002.06 U.S. currency seized from the JP Morgan Chase general
ledger, previously held in Kurbanov Communication, LLC’s account (20-
IRS-000363);
4. MONEY JUDGMENT: A sum of money equal to the difference between
the total proceeds obtained from the offenses charged in Counts 1 and 2
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.24 Filed 03/31/21 Page 24 of 28
and the amount of proceeds seized by the government listed in
paragraphs 1, 2, and 3. The government currently calculates this
difference as $371,500.04; and
5. SUBSTITUTE ASSETS: If any of the property described above, as a result
of any act or omission of the defendants:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
c. 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 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. § 2461(c).
18 U.S.C. § 981(a)(1)(C)
28 U.S.C. § 2461(c)
21 U.S.C. § 853(p)
18 U.S.C. § 1349
18 U.S.C. § 1343
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.25 Filed 03/31/21 Page 25 of 28
FORFEITURE ALLEGATION 2
(Count 3 – Conspiracy to Commit Concealment Money Laundering)
The allegations contained in Count 3 of this Indictment are hereby re-alleged
and incorporated by reference for the purpose of alleging forfeitures pursuant to 18
U.S.C. § 982(a)(2)(A).
Pursuant to 18 U.S.C. § 982(a)(2)(A), upon conviction of the violation of 18
U.S.C. § 1956(h) set forth in Count 3 of this Indictment, the defendants,
JEMAR AHTON MASON,
DAVID KURBANOV,
DENNIS LYNN CARTWRIGHT, JR.,
ANDRE JACKSON, and
JAMES WILLIAMS,
shall forfeit to the United States of America any property, real or personal, involved
in such offense, or any property traceable to such property. The property to be
forfeited includes, but is not limited to, the following:
1. $615,767.39 U.S. currency seized from In a Minute Entertainment, LLC’s
Bloom Credit Union account in the name of DAVID KURBANOV and JEMAR
AHTON MASON (20-IRS-000362);
2. $5,797.56 U.S. currency seized from DAVID KURBANOV’s Fifth Third account
(21-IRS-000003);
3. $502,002.06 U.S. currency seized from the JP Morgan Chase general ledger,
previously held in Kurbanov Communication, LLC’s account (20-IRS-000363);
4. MONEY JUDGMENT: A sum of money equal to the difference between the
total proceeds obtained from the offenses charged in Counts 1 and 2 and the
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.26 Filed 03/31/21 Page 26 of 28
amount of proceeds seized by the government listed in paragraphs 1, 2, and 3.
The government currently calculates this difference as $371,500.04; and
5. SUBSTITUTE ASSETS: If any of the property described above, as a result of
any act or omission of the defendants:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
c. 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 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)(1).
18 U.S.C. § 982(a)(2)(A)
21 U.S.C. § 853(p)
18 U.S.C. § 982(b)(1)
18 U.S.C. § 1956
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.27 Filed 03/31/21 Page 27 of 28
FORFEITURE ALLEGATION 3
(Counts 4, 5 & 8: Attempting to Engage in a Monetary Transaction in
Property Derived from Specified Unlawful Activity and Aiding and
Abetting; Engaging in a Monetary Transaction in Property Derived from
Specified Unlawful Activity and Aiding and Abetting)
The allegations contained in Counts 4, 5 and 8 of this Indictment are hereby
re-alleged and incorporated by reference for the purpose of alleging forfeitures
pursuant to 18 U.S.C. § 982(a)(2)(A).
Pursuant to 18 U.S.C. § 982(a)(2)(A), upon conviction of the violation of 18
U.S.C. § 1957 set forth in Counts 4, 5 and 8 of this Indictment, the defendants,
JEMAR AHTON MASON,
DAVID KURBANOV, and
ANDRE JACKSON,
shall forfeit to the United States of America any property, real or personal, involved
in such offense, or any property traceable to such property. The property to be
forfeited includes, but is not limited to, the following:
Count Property to be Forfeited
4 $500,000.00 of the $502,002.06 seized from the JP Morgan Chase
general ledger, previously held in Kurbanov Communication,
LLC’s account (ending in -6216);
5&6 $70,000 of the $615,767.39 seized from In a Minute
Entertainment, LLC’s Bloom Credit Union account in the name of
DAVID KURBANOV and JEMAR AHTON MASON (ending in -
6948);
7&8 $15,000.00 of the $31,091.28 seized from the Auto Den, LLC bank
account at JP Morgan Chase (ending in -3608);
18 U.S.C. § 982(a)(2)(A)
21 U.S.C. § 853(p)
18 U.S.C. § 982(b)(1)
18 U.S.C. § 1957
Case 1:21-cr-00069-RJJ ECF No. 1, PageID.28 Filed 03/31/21 Page 28 of 28
A TRUE BILL
_____________________________
GRAND JURY FOREPERSON
ANDREW BYERLY BIRGE
United States Attorney
_____________________________
KRISTIN M. PINKSTON
JONATHAN ROTH
Assistant United States Attorney
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