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Indictment — United States v. Johnny Narcisse and Johnson Dieujuste, Northern District of Georgia (Document 1)

Summary

A sealed criminal indictment filed December 6, 2023 as Document 1 in United States v. Johnny Narcisse and Johnson Dieujuste, Case 1:23-cr-00397-ELR-CMS, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Count One charges a wire fraud conspiracy under 18 U.S.C. § 371 from about July 2020 through about April 2021, alleging the defendants submitted PPP and EIDL applications with false employee, payroll, revenue and cost figures, that over $1 million in loans were issued, and that the applicant entities paid the defendants as compensation. Overt acts include a PPP application for Global Landscaping LLC claiming an average monthly payroll of $160,000 and seven employees. Counts Two through Seven charge wire fraud under 18 U.S.C. § 1343 over application transmissions. The forfeiture provision seeks a money judgment.

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Cite this document

“Indictment — United States v. Johnny Narcisse and Johnson Dieujuste, Northern District of Georgia (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-1-23-cr-00397-dkt-1-n-d-ga-15fddb54e7/, SHA-256 d8f07bd7d5009ba0f69dd98724462948587bb4f5a1c07f3bc0c11b759ce32f88.

Full text

       Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 1 of 14

                                                                ofilithlt4                     M B ER S



                                                                               DEC 0 6 2023
                    IN THE UNITED STATES DISTRICT COURT                    Kevin P Werner, iert.
                                                                           By
                                                                              De     iers
                   FOR THE NORTHERN DISTRICT OF GEORGIA
                             ATLANTA DIVISION

   UNITED STATES OF AMERICA                 Criminal Indictment
          V.

   JOHNNY NARCISSE AND                      1.• 23 -                n397
   JOHNSON DIEUJUSTE                        UNDER SEAL

THE GRAND JURY CHARGES THAT:

                                   Background
   At all times relevant to this Criminal Indictment:


      1. Defendant JOHNNY NARCISSE was a resident of Brookhaven,

Georgia. He owned and controlled US Financial & Tax Services.

      2. Defendant JOHNSON DIEUJUSTE was a resident of Dacula, Georgia.

                         Small Business Administration

      3. The United States Small Business Administration ("SBA") was an

executive-branch agency of the United States government that provided support

to entrepreneurs and small businesses. The mission of the SBA was to maintain

and strengthen the nation's economy by enabling the establishment and viability

of small businesses and by assisting in the economic recovery of communities

after disasters.
      Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 2 of 14




      4. As part of this effort, the SBA issued loans through the U.S. Department

of the Treasury. The SBA also facilitated loans through banks, credits unions,

and other lenders that had government-backed guarantees.

                          Paycheck Protection Program

      5. The Coronavirus Aid, Relief, and Economic Security ("CARES") Act

was a federal law enacted in or about March 2020 and designed to provide

emergency financial assistance to the millions of Americans who were suffering

the economic 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 referred to as the Paycheck Protection Program ("PPP"). In

or around April 2020, Congress authorized over $300 billion in additional PPP

funding.

      6. To obtain a PPP loan, a qualifying business was required to 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 to be eligible to obtain the PPP loan. In the PPP loan application,

the small business (through its authorized representative) was required to state

                                         2
      Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 3 of 14




its average monthly payroll expenses and its number of employees, among other

things. These figures were used to calculate the amount of money the small

business was eligible to receive under the PPP. In addition, businesses applying

for a PPP loan were required to provide documentation showing their payroll

expenses.

      7. A PPP loan application was processed by a participating financial

institution ("lender"). If a PPP loan application was approved, the participating

lender funded the PPP loan using its own monies, which were guaranteed by the

SBA. Data from the application, including information about the borrower, the

total amount of the loan, and the listed number of employees, was transmitted by

the lender to the SBA in the course of processing the loan.

      8. PPP loan proceeds were required to be used by the business on certain

permissible expenses, including payroll costs, mortgage interest, rent, and

utilities. Under the applicable PPP rules and guidance, the interest and principal

on the PPP loan were eligible for forgiveness if the business was eligible for the

PPP loan it received, spent the loan proceeds on these permissible expense items

within a designated period, and used a certain portion of the loan proceeds for

payroll expenses.



                                         3
      Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 4 of 14




                     Economic Injury Disaster Loan Program

      9. The Economic Injury Disaster Loan ("EIDL") program was an SBA

program that provided low-interest financing to small businesses, renters, and

homeowners in regions affected by declared disasters.

      10.Another source of relief provided by the CARES Act was the

authorization for 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 the advance was determined by the number of employees the

applicant certified having as employees. The EIDL advances did not have to be

repaid.

      11.To obtain an EIDL or an EIDL advance for COVID-19 relief, a

qualifying business was required to submit an application to the SBA and

provide information about its operations, such as the number of employees, and

gross revenues and cost of goods sold for the 12-month period preceding January

31, 2020. 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.



                                         4
      Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 5 of 14




      12.EIDL applications were submitted directly to the SBA and processed by

the agency with support from a government contractor. The amount of the loan,

if the application was approved, was determined based, in part, on the

information provided by the applicant about employment, revenue, and cost of

goods sold, as described above. Any funds issued under an EIDL or advance

were issued directly by the SBA through the United States Treasury. EIDL funds

were required to be used for payroll expenses, sick leave, production costs, and

business obligations, such as debts, rent, and mortgage payments. If the

applicant also obtained a loan under the PPP, the EIDL funds could not be used

for the same purpose as the PPP funds.

                                Relevant Entities

      13.Lender 1 was a financial technology company headquartered in

Redwood City, California that participated in the SBA's PPP as a service

provider. As such, Lender 1 accepted applications for PPP loans and matched

applicants with another lender for loan fund disbursement.

      14.Bank 1 was a federally insured financial institution headquartered in

Fort Lee, New Jersey that participated in the SBA's PPP as a lender. At all

relevant times, Bank 1 had a business relationship with Lender 1, through which

Bank 1 disbursed PPP loan funds to approved applicants.

                                         5
      Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 6 of 14




      15.Lender 2 was a company headquartered in New York, New York that

participated in the SBA's PPP as a lender.

                                   Count One
                             Wire Fraud Conspiracy
                                (18 U.S.C. § 371)

      16.The Grand Jury realleges and incorporates by reference the factual

allegations contained in paragraphs 1 through 15 of this Indictment as if fully set

forth herein.

      17.From at least in or around July 2020 through at least in or around April

2021, in the Northern District of Georgia, and elsewhere, the defendants,

                            JOHNNY NARCISSE and
                             JOHNSON DIEUJUSTE,

did knowingly and intentionally, that is, with the intent to advance the

conspiracy, combine, conspire, and agree with each other and with other

individuals, known and unknown, to commit certain offenses against the United

States, namely: wire fraud, that is, to knowingly, and with the intent to defraud,

having devised and intending to devise a scheme and artifice to defraud, and to

obtain money and property by means of materially false and fraudulent

pretenses, representations, and promises, knowing such pretenses,

representations, and promises were false and fraudulent when made, transmit

and cause to be transmitted, by means of wire communications in interstate and
                                       6
      Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 7 of 14




foreign commerce, writings, signs, signals, pictures, and sounds, for the purpose

of executing such scheme and artifice, in violation of Title 18, United States Code,

Section 1343.

                            Purpose of the Conspiracy

      18.It was the purpose of the conspiracy for the defendants and others,

known and unknown the Grand Jury, to unlawfully enrich themselves by,

among other things: (a) submitting and causing the submission of false and

fraudulent PPP and EIDL loan applications to the SBA and SBA-approved

lenders; (b) falsely promising to use the loan proceeds on permitted business

expenses under the PPP and EIDL programs; (c) concealing and causing the

concealment of the scheme; and (d) diverting fraud proceeds for the personal use

and benefit of themselves and others.

                      Manner and Means of the Conspiracy

      19.In furtherance of the conspiracy, and to accomplish its object, the

defendants and others, known and unknown to the Grand Jury, submitted and

caused to be submitted fraudulent PPP and EIDL loan applications to the SBA

and SBA-approved lenders for the purpose of obtaining funds from them.




                                         7
      Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 8 of 14




      20.Throughout the conspiracy, and in connection with the applications for

PPP and EIDL loans, the defendants and others, known and unknown to the

Grand Jury, submitted and caused to be submitted materially false and

fraudulent information to the SBA and SBA-approved lenders, including falsely

and fraudulently representing to lenders: (i) the applicant entities' number of

employees; (ii) the applicant entities' average monthly payroll; (iii) the applicant

entities' gross revenue and cost of goods sold; (iv) the supporting documentation

submitted with the applications; and (v) the truth and accuracy of all the

infounation and documents submitted in or with the applications. As a result of

these false statements, the SBA and lenders issued over $1 million in PPP and

EIDL loans to these various entities.

      21.It was further part of the conspiracy that once the applicant entities

received the PPP and EIDL loan proceeds, they made payments to the

defendants as compensation.

                   Overt Acts in Furtherance of the Conspiracy

      22.In furtherance of the conspiracy and to accomplish its objects, the

defendants and others, known and unknown to the Grand Jury, committed

various overt acts in the Northern District of Georgia and elsewhere, including,

but not limited to, the following:
                                         8
Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 9 of 14




    a. On or about July 7, 2020, the defendants submitted and caused to be

       submitted to the SBA an EIDL application in the name of Merlie's

       Braids & More, falsely representing that it had $385,462 in gross

       revenue, $123,542 in cost of goods sold, and six employees.

    b. On or about July 9, 2020, the defendants submitted and caused to be

       submitted to the SBA an EIDL application in the name of NuraCode

       LLC, falsely representing that it had $389,562 in gross revenue,

       $128,543 in cost of goods sold, and ten employees.

    c. On or about July 18, 2020, the defendants submitted and caused to

       be submitted to Lender 1 a PPP application in the name of Global

       Landscaping LLC, falsely representing that it had an average monthly

       payroll of $160,000, seven employees, and paid over $1.3 million in

       wages to its employees in 2019.

    d. On or about July 21, 2020, the defendants submitted and caused to

       be submitted to Lender 1 a PPP application in the name of Three

       Hearts One Beat Inc., falsely representing that it had an average

       monthly payroll of $115,200, six employees, and paid over $1 million

       in wages to its employees in 2019.



                                   9
     Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 10 of 14




          e. On or about February 17, 2021, the defendants submitted and caused

                to be submitted to Lender 1 a PPP application in the name of

                NuraCode LLC, falsely representing that it had an average monthly

                payroll of $20,316, seven employees, and paid $230,000 in wages to

                its employees in 2020.

         f. On or about April 5, 2021, the defendants submitted and caused to

                be submitted to Lender 2 a PPP application in the name of Business

                and Residential Computer Systems LLC, falsely representing that it had

                an average monthly payroll of $35,000, nine employees, and paid

                $420,000 in wages to its employees in 2020.

All in violation of Title 18, United States Code, Section 371.

                              Counts Two through Seven
                                      Wire Fraud
                              (18 U.S.C. § 1343 and § 2(a))

      23.The Grand Jury realleges and incorporates by reference the factual

allegations contained in paragraphs 1 through 15 of this Indictment as if fully set

forth herein.

      24.From at least in or around July 2020 through at least in or around April

2021, in the Northern District of Georgia, and elsewhere, the defendants,

                               JOHNNY NARCISSE and
                                JOHNSON DIEUJUSTE,
                                           10
     Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 11 of 14




   did knowingly, and with the intent to defraud, having devised and intending
to devise a scheme and artifice to defraud, and to obtain money and property by
means of materially false and fraudulent pretenses, representations, and
promises, knowing such pretenses, representations, and promises were false and
fraudulent when made, transmit and cause to be transmitted, by means of wire
communications in interstate and foreign commerce, writings, signals, pictures,
and sounds, for the purpose of executing such scheme and artifice.

                       Purpose of the Scheme and Artifice


      25.The Grand Jury realleges and incorporates by reference paragraph 18 of

this Indictment as a description of the purpose of the scheme and artifice to

defraud.

                        Manner and Means of the Scheme

      26.The Grand Jury realleges and incorporates by reference paragraphs 19

through 22 of this Indictment as a description of the scheme and artifice to

defraud.

                                 Use of the Wires

      27.On or about the dates specified as to each count and as to each

defendant below, the defendants and others, known and unknown to the Grand

                                        11
     Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 12 of 14




Jury, in the Northern District of Georgia, and elsewhere, for the purpose of

executing the aforesaid scheme and artifice to defraud, and attempting to do so,

and aided and abetted by each other, transmitted and caused to be transmitted

the following wire communications in interstate and foreign commerce:

COUNT DEFENDANT(S) APPROXIMATE         DESCRIPTION OF
                        DATE          INTERSTATE WIRE
  2     NARCISSE     July 7, 2020 Transmission      of      EIDL
        DIEUJUSTE                 application on behalf of
                                  Merlie's Braids & More from
                                  Georgia to Virginia
  3     NARCISSE     July 9, 2020 Transmission      of      EIDL
        DIEUJUSTE                 application on behalf of
                                  Nura Code LLC from Georgia to
                                  Virginia
  4     NARCISSE    July 18, 2020 Transmission       of      PPP
        DIEUJUSTE                 application on behalf of Global
                                  Landscaping LLC to Lender 1
                                  from Georgia to West Virginia
  5     NARCISSE    July 21, 2020 Transmission       of      PPP
        DIEUJUSTE                 application on behalf of Three
                                  Hearts One Beat Inc. to Lender
                                  1 from Georgia to West
                                  Virginia
  6     NARCISSE    February 17,  Transmission       of      PPP
        DIEUJUSTE        2021     application on behalf of
                                  NuraCode LLC to Lender 1
                                  from Georgia to West Virginia
  7     NARCISSE    April 5, 2021 Transmission       of      PPP
        DIEUJUSTE                 application on behalf of
                                  Business    and      Residential
                                  Computer Systems LLC to
                                  Lender 2 from Georgia to New
                                  York

                                       12
     Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 13 of 14




All in violation of Title 18, United States Code, Section 1343 and Section 2(a).

                                 Forfeiture Provision

      28.Upon conviction of one or more offenses alleged in Counts One

through Seven of this Indictment, the defendants, JOHNNY NARCISSE and

JOHNSON DIEUJUSIE, shall forfeit to the United States, pursuant to Title 18,

United States Code, Section 982(a)(2), any property constituting, or derived from,

proceeds the person obtained directly or indirectly as the result of such violation,

including but not limited to the following:

               MONEY JUDGMENT: A sum of money in
               United States currency equal to the amount of
               proceeds the defendant obtained as a result of
               the offenses for which the defendant is
               convicted.

      29.If, as a result of any act or omission of the defendants, any property

subject to forfeiture: (a) cannot be located upon the exercise of due diligence; (b)

has been transferred or sold to, or deposited with, a third person; (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 subdivided without difficulty; the United States intends, pursuant to

Title 21, United States Code, Section 853(p), as incorporated by Title 18, United

States Section 982(b), to seek forfeiture of any other property of the defendants
                                         13
     Case 1:23-cr-00397-ELR-CMS Document 1 Filed 12/06/23 Page 14 of 14




up to the value of the forfeitable property or seek a money judgment against said

defendants for any amount that would constitute the proceeds of such violation.




                                                                           BILL



 RYAN K. BUCHANAN
  United States Attorney

 GLENN S. LEON
  Chief Fraud Section, Criminal Division


  1.6141,11.k
 ALANA R. BLACK
    Assistant United States Attorney
 Georgia Bar No. 785045

    -1'"t     -eDLL4y)
( I NNIFER`BILINKAS
    Trial Attorney
 New York Bar No. 5479522

600 U.S. Courthouse
75 Ted Turner Drive SW
Atlanta, GA 30303
404-581-6000; Fax: 404-581-6181

U.S. Department of Justice
1400 New York Avenue NW
Washington, DC 20005

                                           14


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