Indictment — United States v. Raisha Kelly et al., Southern District of Florida (Document 3)

Summary

A grand jury indictment in United States v. Raisha Kelly, Widny Thibaud, Ann Gilchrist and Cortira Gray, No. 1:24-cr-20079, in the U.S. District Court for the Southern District of Florida, filed March 7, 2024 as Document 3. Count 1 charges the defendants with conspiracy to commit wire fraud under 18 U.S.C. § 1349 from in or around February 2020 through on or about December 30, 2021, alleging false PPP and EIDL applications supported by falsified IRS forms. The indictment alleges that Kelly, in return for a kickback, submitted PPP applications for Gilchrist, Gray and others. Counts 2-9 charge wire fraud over transmissions of pictures to Financial Technology Company 1 and of loan disbursement information to the SBA, and Counts 10-11 charge Thibaud with wire fraud from on or about November 11, 2022 through on or about December 10, 2022. The penalty sheets list a maximum fine of $250,000.

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“Indictment — United States v. Raisha Kelly et al., Southern District of Florida (Document 3).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-1-24-cr-20079-dkt-3-s-d-fla-537c8f38e9/, SHA-256 0c660f9ab740d12cc4c230686f1e054c6c739b8dee40ceb7adb8775115e75a68.

Full text

Case 1:24-cr-20079-FAM Document 3 Entered on FLSD Docket 03/08/2024 Page 1 of 17

Mar 7, 2024

MIAMI
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The Paycheck Protection Program

3. 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 effects caused by the COVID-19

pandemic. One source of relief provided by the CARES Act was the authorization of forgivable

loans to small businesses, including sole proprietorships, for job retention and certain other

expenses, through a program referred to as the Paycheck Protection Program ("PPP").

4. In order to obtain a PPP loan, a qualifying sole proprietorship submitted a PPP loan

application, which was signed by an authorized representative of the business. The PPP loan

application required the sole proprietorship (through its authorized representative) to acknowledge

the program rules and make certain affirmative certifications in order to be eligible to obtain the

PPP loan. In the PPP loan application (SBA Form 2483-C), a sole proprietorship without

employees (through its authorized representative) was required to provide, among other things, the

total amount of gross income reported on its 2019 or 2020 IRS Form 1040, Schedule C, line 7

("Schedule C"). This figure was used to calculate the amount of money the sole proprietorship

was eligible to receive under the PPP.

5. A PPP loan application was processed by a participating lender. If a PPP loan

application was approved, the participating lender funded the PPP loan using its own monies.

While it was the participating lender that issued the PPP loan, the loan was 100% guaranteed by

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

amount of the loan, was transmitted by the lender to the SBA in the course of processing the loan.

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

expenses-payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the interest

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and principal on the PPP loan to be entirely forgiven if the business spent the loan proceeds on

these expense items within a designated period of time and used a defined portion of the PPP loan

proceeds on payroll costs.

7. In 2021, "Second Draw" PPP loans became available to PPP applicants who used

the full loan amount of their PPP funds on eligible expenses.

The Economic Injury Disaster Loan Program

8 Another related response to the COVID-19 outbreak: was an expansion of an

existing disaster-related program the Economic Injury Disaster Loan ("EIDL") - to provide for

loan assistance (including $10,000 advances) for small businesses and other eligible entities for

loans up to $2 million. The EIDL proceeds could have been used to pay fixed debts, payroll,

accounts payable, and other bills that could have been paid had the disaster not occurred; however,

such loan proceeds were not intended to replace lost sales or profits, or for the expansion of a

business.

9. Unlike certain other types of SBA-guaranteed loans, EIDL funds were issued

directly from the United States Treasury, and applicants applied for EIDL funds directly through

the SBA via an online portal and application. The EIDL application process, which also used

certain outside contractors for system support, collected information concerning the business and

the business owner, including: information about the gross revenues for the business prior to

January 31, 2020; and the cost of goods sold. Applicants electronically certified that the

information provided was true and accurate and were warned that any false statement or

misrepresentations to the SBA, or any misapplication of loan proceeds may result in sanctions,

including criminal penalties.

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10. EIDL applications were received in and processed using computer servers located

in the states of Iowa, Virginia, and Washington. EIDL disbursement payments were initiated by

the SBA using computer servers located in the state of Colorado, which transmitted the payment

information to the Treasury using computer servers located in the state of Virginia.

The Defendants, Related Persons, Lenders and Loan Processors

11. Lender 1 was a lender based in Laguna Hills, California, and was an approved SBA

lender of PPP Loans.

12. Lender 2 was a lender based in Lake Mary, Florida, and was an approved SBA

lender of PPP loans.

13. Lender 3 was a lender based in New York, New York, and was an approved SBA

lender of PPP loans.

14. Lender 4 was a lender based in Coral Gables, Florida, and was an approved SBA

lender of PPP loans.

15. Financial Technology Company 1, based in San Francisco, California, was a

company that provided identification verification services for Lenders 1,2 and 4.

16. IWINKS MINKS LASH BAR LLC ("IWINKS") was a Florida Corporation that

listed its principal place of business as 1272 NW 159 Avenue Pembroke Pines, Florida.

17. Up and Running Motors Inc ("Up and Running" ) was a Florida Corporation that

listed its principal place of business at 2131 NW 139th Street Unit 18, Opa Locka, Florida 33054.

18. RAISHA KELLY was a resident of Miami-Dade County, Florida and Palm Beach

County, Florida. KELLY was the Registered Agent of IWNKS.

19. WIDNY THIBAUD, a resident of Miami-Dade and Palm Beach Counties, was the

owner of Up and Running.

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20. ANNGILCHRIST was a resident of Miami-Dade County.

21. CORTIRAGRAY was a resident of Miami-Dade County.

22. Racquel Marks was a resident of Miami-Dade County.

23. Individual 1 was a resident Brevard County, Florida.

24. Individuals 2 and 3 were residents of Miami-Dade County.

25. Mortgage Lender 1 was a Mortgage Lender whose headquarters was located in

Pontiac, Michigan.

COUNT!
Conspiracy to Commit Wire Fraud
(18 u.s.c. § 1349)

1. Paragraphs 1 through 24 of the General Allegations Section of this Indictment are

re-alleged and incorporated by reference as though fully set forth herein.

2. From in or around February 2020, and continuing through on or about December

30, 2021, in Miami-Dade County, in the Southern District of Florida, and elsewhere, the

defendants,

RAISHA KELLY,
WIDNY TIDBAUD
ANNGILCHRIST, and
CORTIRAGRAY,

did willfully, that is, with the intent to further the object of the conspiracy, and knowingly combine,

conspire, confederate, and agree with each other, Racquel Marks, Individuals 1 through 3, and

others known and unknown to the Grand Jury, to knowingly, and with the intent to defraud, devise,

and intend 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 that the

pretenses, representations, and promises were false and fraudulent when made, and, for the purpose

of executing the scheme and artifice, did knowingly transmit and cause to be transmitted, by means

5
Case 1:24-cr-20079-FAM Document 3 Entered on FLSD Docket 03/08/2024 Page 6 of 17

of wire communications in interstate and foreign commerce, certain writings, signs, signals,

pictures, and sounds, in violation of Title 18, United States Code, Section 1343.

PURPOSE OF THE CONSPIRACY

3. It was the purpose of the conspiracy for the defendants and their co-conspirators to

unjustly enrich themselves by, among other things: (a) submitting and causing the submission of

false and fraudulent applications for loans made available through the SBA to provide relief for

the economic effects caused by the COVID-19 pandemic, including PPP and EIDL loans; and (b)

diverting fraud proceeds for their personal use, the use and benefit of others, and to further the

consprracy.

MANNER AND MEANS OF THE CONSPIRACY

The manner and means by which the defendants and their co-conspirators sought to

accomplish the object and purpose of the conspiracy included, among others, the following:

4. RAISHA KELLY, WIDNY TIDBAUD, ANN GILCHRIST, and CORTIRA

GRAY submitted and caused the submission of fraudulent PPP and EIDL loan applications, on

behalf of themselves and corporate entities that they controlled.

5. RAISHA KELLY, in return for the payment of a kickback, submitted and caused

the submission of false and fraudulent PPP loan applications for ANN GILCHRIST, CORTIRA

GRAY, Racquel Marks, and Individuals 1 through 3.

6. In furtherance of the scheme, RAISHA KELLY, WIDNY THIBAUD, ANN

GILCHRIST, and CORTIRA GRAY submitted and caused the submission of false and

fraudulent information and documentation in support of the PPP loan applications, including

falsified Internal Revenue Service ("IRS") forms, among other things that falsely and fraudulently

represented the annual gross receipts and tentative profits of the sole proprietorships and corporate

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entities they controlled.

7. RAISHA KELLY, WIDNY THIBAUD, ANN GILCHRIST, and CORTIRA

GRAY, Racquel Marks, Individuals 1 through 3 and their co-conspirators used the proceeds from

the scheme to enrich themselves and others and to further the scheme.

All in violation of Title 18, United States Code, Section 1349.

COUNTS2-9
Wire Fraud
(18 u.s.c. § 1343)

1. Paragraphs 1 through 24 of the General Allegations Section of this Indictment are

re-alleged and incorporated by reference as though fully set forth herein.

2. On or about the dates specified below, in Miami Dade County, in the Southern

District of Florida, and elsewhere, the defendant(s), as indicated below, did knowingly, and with

the intent to defraud, devise, and intend 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 that the pretenses, representations, and promises were false and fraudulent

when made, and, for the purpose of executing the scheme and artifice, did knowingly transmit and

cause to be transmitted, by means of wire communication in interstate commerce, certain writings,

signs, signals, pictures, and sounds, in violation of Title 18, United States Code, Section 1343.

PURPOSE OF THE SCHEME AND ARTIFICE

3. It was the purpose of the scheme and artifice for the defendants and their

accomplices to unlawfully enrich themselves by, among other things: (a) submitting and causing

the submission of a false and fraudulent application for a loan made available through the SBA to

provide relief for the economic effects caused by the COVID-19 pandemic, including PPP loans;

(b) diverting fraud proceeds for her personal use, the use and benefit of others, and to further the

7
Case 1:24-cr-20079-FAM Document 3 Entered on FLSD Docket 03/08/2024 Page 8 of 17

scheme and artifice.

THE SCHEME AND ARTIFICE

4. The allegations contained in paragraphs 4 through 7 of the Manner and Means

Section of Count 1 of this Indictment are re-alleged and incorporated by reference as though fully

set forth herein as a description of the scheme and artifice.

USE OF WIRES

5. On or about the dates below, in the Southern District of Florida, and elsewhere, the

defendant indicated below, for the purpose of executing and in furtherance of the aforesaid scheme

and artifice to defraud, and to obtain money and property by means of materially false and

fraudulent pretenses, representations, and promises, knowing that the pretenses, representations,

and promises were false and fraudulent when made, did knowingly transmit and cause to be

transmitted in interstate and foreign commerce, by means of wire communication, certain writings,

signs, signals, pictures, and sounds, as described below:

COUNT DEFENDANT(s) APPROXIMATE DESCRIPTION OF WIRE
DATE
2 WIDNYTHIBAUD and April 12, 2021 Electronic transmission from the
RAISHA KELLY Southern District of Florida to
outside of the State of Florida of
pictures of WIDNY THIBAUD to
Financial Technology Company 1

3 RAISHA KELLY April 13, 2021 Electronic Transmission from the
Southern District of Florida to
outside the State of Florida of
information notifying SBA of the
the disbursement of a loan to
RAISHA KELLYby Lender 4

4 RAISHA KELLYand April 13, 2021 Electronic transmission from the
CORTIRA GRAY Southern District of Florida to
outside of the State of Florida of
pictures of CORTIRA GRAY to
, Financial Technolo2:v Company 1

8
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COUNT DEFNDANT(s) APPROXIMATE DESCRIPTION OF WIRE
DATE
5 RAISHA KELLY and April 15, 2021 Electronic transmission from the
ANN GILCHRIST Southern District of Florida to
outside the State of Florida of
information notifying the SBA of
the disbursement of a loan to ANN
GILCHRIST by Lender 4
6 RAISHA KELLY April 16, 2021 Electronic Transmission from the
Southern District of Florida to
outside the State of Florida of
information notifying the SBA of
the disbursement of a loan to
Individual 2 by Lender 2
7 RAISHA KELLY and April 17, 2021 Electronic transmission from the
ANN GILCHRIST Southern District of Florida to
outside of the State of Florida of
pictures of Racquel Marks to
Financial Technology Company 1
8 RAISHA KELLY April 28, 2021 Electronic Transmission from the
Southern District of Florida to
outside the State of Florida of
information notifying the SBA of
the disbursement of a loan to
Individual 3 by Lender 4

9 RAISHA KELLY May 15, 2021 Electronic Transmission from the
Southern District of Florida to
outside the State of Florida of
information notifying the SBA of
the disbursement of a loan to
Individual 1 by Lender 4

In violation of Title 18, United States Code, Sections 1343 and 2.

COUNTS 10-11
Wire Fraud
(18 u.s.c. § 1343)

1. Paragraphs 19 and 25 of the General Allegations Section of this Indictment are re-

alleged and fully incorporated herein by reference.

9
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2. From on or about November 11, 2022, through on or about December 10, 2022, in

Miami-Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the

defendant,

WIDNY THIBAUD,

did knowingly, and with the intent to defraud, devise, and intend 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 that the pretenses, representations, and

promises were false and fraudulent when made, and, for the purpose of executing the scheme and

artifice, did knowingly transmit and cause to be transmitted, by means of wire communication in

interstate commerce, certain writings, signs, signals, pictures, and sounds, in violation of Title 18,

United States Code, Section 1343.

PURPOSE OF THE SCHEME AND ARTIFICE

3. It was the purpose of the scheme and artifice for the defendant to unlawfully enrich

himself by, among other things, submitting a false and fraudulent mortgage loan application and

supporting documents to Mortgage Lender 1, thereby inducing Mortgage Lender 1 to make a

mortgage loan to the defendant.

THE SCHEME AND ARTIFICE

The manner and means by which the defendant and his accomplices ought to accomplish

the object and purpose of the scheme included, among others, the following:

4. WIDNY TIDBAUD submitted false and fraudulent mortgage applications that

misrepresented his employment and annual income.

5. WIDNY THIBAUD submitted forged and altered bank statements that

misrepresented the amount of money he had in his bank account and a false and fraudulent W-2

that mispresented his annual income in tax year 2021.
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Case 1:24-cr-20079-FAM Document 3 Entered on FLSD Docket 03/08/2024 Page 11 of 17

6. Having received the false and fraudulent loan applications and related documents

submitted by WIDNY THIBAUD, Mortgage Lender 1 approved a loan in the amount of $700,000.

EXECUTION OF THE SCHEME AND ARTIFICE

7. On or about the dates specified below, in Miami-Dade and Broward Counties, in

the Southern District of Florida, and elsewhere, the defendant, WIDNY THIBAUD, did execute,

attempt to execute, and cause the execution of, the aforesaid scheme and artifice to defraud, as

more particularly described below:

COUNT APPROXIMATE DESCRIPTION OF WIRE
DATE
10 November 23, 2022 The transmission of a false and fraudulent paystub
that was submitted m support of WIDNY
TIDBAUD'S loan application to Mortgage Lender 1

11 December 5, 2022 The transmission of a letter that mispresented
WIDNY TIDBAUD'S employment that was
submitted m support of THIBAUD'S loan
application to Mortgage Lender 1

In violation of Title 18, United States Code, Sections 1343 and 2.

FORFEITURE ALLEGATIONS

1. The allegations contained in this Indictment are hereby re-alleged and by this

reference fully incorporated herein for the purpose of alleging forfeiture to the United States of

America of certain property in which the defendants, RAISHA KELLY, WIDNY TIDBAUD,

ANN GILCHRIST, and CORTIRA GRAY, have an interest.

2. Upon conviction of a violation of Title 18, United States Code, Section 1343, or a

conspiracy to violate this section, as alleged in this Indictment, the defendant shall forfeit to the

United States any property constituting, or derived from, proceeds obtained directly or indirectly,

as a result of such violation, pursuant to Title 18, United States Code, Section 982(a)(2)(A).

11
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Case 1:24-cr-20079-FAM Document 3 Entered on FLSD Docket 03/08/2024 Page 13 of 17
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA CASE NO.: ______________

v.
CERTIFICATE OF TRIAL ATTORNEY
RAISHA KELLY ET. AL.
--------------I Superseding Case Information:
New Defendant(s) (Yes or No) ---
Court Division (select one) Number of New Defendants
181 Miami □
Key West CI FTP Total number ofcounts
FTL□ WPB □
I do hereby certify that: ( .
1. I have carefully considered the allegations of the indictment, the number of defendants, the number of probable
witnesses and the legal complexities of the Indictment/Information attached hereto '.
2. I am aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting
their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. §3161.

3. Intei:preter: (Yes or No) ---
No
List language and/or dialect: ------

4. 5
This case will take__days for the parties to try.

5. Please check appropriate category and type ofoffense listed below:
(Check only one) (Check only one)
I ml O to 5 days CI Petty
II □ 6 to 10 days □ Minor
III CI 11 to 20 days IC1 Misdemeanor
IV D 21 to 60 days ml Felony
V Cl 61 days and over

6. Has this case been previously filed in this District Court? (Yes or No) _N_o__
Ifyes, Judge__________ Case No.______________ _
7. Has a complaint been filed in this matter? (Yes or No) No ---
Ifyes, Magistrate Case No.__________ _
8. Does this case relate to a previously filed matter in this District Court? (Yes or No) _N_o__
Ifyes, Judge__________ Case No.______________ _
9. Defendant(s) in federal custody as of____________________ _
10. Defendant(s) in state custody as of______________________
11. Rule 20 from the____ District of -------
12. Is this a potential death penalty case? (Yes or No) _No_ __
13. Does this case originate from a matter pending in the Northern Region ofthe U.S. Attorney's Office

14.
prior to August 8, 2014 (Mag. Judge Shaniek Maynard? (Yes or No) No ---
Does this case originate from a matter pending in the Central Region ofthe U.S. Attorney's Office
prior to October 3, 2019 (Mag. Judge Jared Strauss? (Yes or No) --- No
15. Did this matter involve the participation ofor consultation with now Magistrate Judge Eduardo I. Sanchez
during his tenure at the U.S. Attorney's Office, which concluded on January 22, 2023? _N___ o

By:
DANIEL BERNSTEI N
Assistant United States Attorney
FL Bar No. 0017973
Case 1:24-cr-20079-FAM Document 3 Entered on FLSD Docket 03/08/2024 Page 14 of 17

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: _..::cRAI=S LY:..____________________
:;::HA='--"KE==L=:..:::

Case No: -------------------------------

Count#: 1

Conspiracy to Commit Wire Fraud

Title 18, United States Code, Section 1349
* Max.Term of Imprisonment: Twenty (20) years
*Mandatory Min. Term of Imprisonment (if applicable): No
*Max.Supervised Release: Three (3) years
*Max. Fine: $250,000

Counts#:2-9

Wire Fraud

Title 18, United States Code, Section 1343
* Max. Term of Imprisonment: Twenty (20) years
*Mandatory Min. Term of Imprisonment (if applicable): No
*Max. Supervised Release: Three (3) years
*Max.Fine: $250,000

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 1:24-cr-20079-FAM Document 3 Entered on FLSD Docket 03/08/2024 Page 15 of 17

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: ANN GILCHRIST

Case No: -------------------------------
Count#: 1

Conspiracy to Commit Wire Fraud

Title 18, United States Code, Section 1349
* Max. Term of Imprisonment: Twenty (20) years
* Mandatory Min. Term of Imprisonment (if applicable): No
* Max. Supervised Release: Three (3) years
* Max. Fine: $250,000

Counts#: 5, 7

Wire Fraud

Title 18, United States Code, Section 1343
* Max. Term of Imprisonment: Twenty (20) years
* Mandatory Min. Term of Imprisonment (if applicable): No
* Max. Supervised Release: Three (3) years
* Max. Fine: $250,000

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: CORTIRA GRAY

Case No: -------------------------------
Count#: 1

Conspiracy to Commit Wire Fraud

Title 18, United States Code, Section 1349
*Max. Term of Imprisonment: Twenty (20) years
* Mandatory Min. Term of Imprisonment (if applicable): No
*Max. Supervised Release: Three (3) years
*Max. Fine: $250,000

Count#: 4

Wire Fraud

Title 18, United States Code, Section 1343
*Max.Term of Imprisonment: Twenty (20) years
* Mandatory Min. Term of Imprisonment (if applicable): No
* Max. Supervised Release: Three (3) years
*Max.Fine: $250,000

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: WIDNY THIBAUD

Case No: -------------------------------
Count#: 1

Conspiracy to Commit Wire Fraud

Title 18, United States Code, Section 1349
*Max.Term of Imprisonment: Twenty (20) years
*Mandatory Min.Term of Imprisonment (if applicable): No
* Max.Supervised Release: Three (3) years
* Max. Fine: $250,000

Counts#: 2,10,11

Wire Fraud

Title 18, United States Code, Section 1343
* Max. Term of Imprisonment: Twenty (20) years
* Mandatory Min.Term of Imprisonment (if applicable): No
*Max. Supervised Release: Three (3) years
*Max.Fine: $250,000

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.

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