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Indictment — United States v. Artis Taylor, Eastern District of Missouri (Doc. 2)

Summary

An indictment in United States v. Artis Taylor, No. 1:25-cr-00056, in the U.S. District Court for the Eastern District of Missouri, Southeastern Division, filed April 1, 2025 as Doc. 2. The grand jury charges a false statement to a financial institution under 18 U.S.C. § 1014 in Count I and wire fraud under 18 U.S.C. § 1343 in Count II. It charges that on or about April 27, 2021, Taylor submitted a Paycheck Protection Program application to Benworth Capital Partners, LLC stating ownership of a small business in operation on February 15, 2020, with a false 2019 Schedule C. The indictment states that the lender transferred $19,791.00 to a bank account of Taylor and seeks forfeiture of at least that amount. The signature block names United States Attorney Sayler A. Fleming and Assistant United States Attorney Tim J. Willis.

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“Indictment — United States v. Artis Taylor, Eastern District of Missouri (Doc. 2).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-1-25-cr-00056-dkt-2-e-d-mo-9507c2a0dc/, SHA-256 c2801780a187c207cc93c9b8b75cdeabf742a3067a878d84ddc58d4ba48a1252.

Full text

Case: 1:25-cr-00056-SNLJ             Doc. #: 2       Filed: 04/01/25     Page: 1 of 6 PageID #: 8


                                                                                            FILED

                                                                                        APR O1 2025
                        IN THE UNITED STATES DISTRICT COURT                            U. S. DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF MISSOURI                         EASTERN DISTRICT OF MO
                                                                                          CAPE GIRARDEAU
                              SOUTHEASTERN DIVISION

UNITED STATES OF AMERICA,                        )
                                                 )
                        Plaintiff,               )
                                                 )
vs.
                                                          1:2SCR000S6-SNU-ACL
                                                 )
                                                 )
ARTIS TAYLOR,                                    )       Title 18, U.S.C. § 1014.
                                                 )       Title 18, U.S.C. § 1343 .
                                                 )       Forfeiture allegations.
Defendant.                                       )

                                         INDICTMENT

         THE GRAND JURY CHARGES THAT:

             At all times material to this Indictment, unless otherwise specified below:

      1. Artis Taylor, the defendant herein, was a resident of Caruthersville, Pemiscot County

Missouri, within the Southeastern Division of the Eastern District of Missouri.

      2. Artis Taylor did not own or operate a business registered or incorporated within the

State of Missouri which was in operation on February 15, 2020.

                                The Paycheck Protection Program

      3. The United States Small Business Administration ("SBA") is an executive-branch

agency of the United States govenunent 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 businesses and by assisting in economic

recovery after disasters.

      4. The Coronavirus Aid, Relief, and Economic Security (" CARES ") Act, Pub. L. No.

                                                     1
Case: 1:25-cr-00056-SNLJ           Doc. #: 2      Filed: 04/01/25      Page: 2 of 6 PageID #: 9




116-136, 134 Stat. 281 (2020), is a federal law that was enacted in or around March 2020 to

provide emergency financial assistance to the millions of Americans suffering the economic

impact caused by the COVID-19 pandemic. One source of relief provided for in the CARES Act

was the authorization of forgivable loans to small businesses for job retention and certain other

expenses through the Paycheck Protection Program ("PPP"). The purpose of loans issued under

the PPP was to enable small businesses suffering from the economic downturn to continue to pay

salary, wages and to provide benefits, such as health insurance coverage, to their employees.

   5.   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 to acknowledge the program rules and make certain affirmative

certifications to obtain the PPP loan. ln the PPP loan application (SBA Form 2483). the small

business (tlu·ough its authorized representative) was required to certify: (a) that the small

business was in operation on February 15, 2020; and (b) the average monthly payroll expenses;

and (c) the number of employees. These certifications were used to calculate the amount of

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

for PPP loans were required to submit documentation supporting their payroll expenses.

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

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

were then guaranteed by the SBA. Generally, in the event that the borrower defaulted on a PPP

loan, the SBA would purchase the borrower's debt from the lending financial institution and

assume the responsibility for paying back the loan.


                                                  2
Case: 1:25-cr-00056-SNLJ          Doc. #: 2      Filed: 04/01/25      Page: 3 of 6 PageID #: 10




   8. PPP loan funds were required to be used on certain pennissible expenses,

including payroll costs, mortgage interest, rent, and utilities for the business. In the PPP loan

application (SBA Form 2483), the borrower must certify that "[a]ll SBA loan proceeds will be

used only for business-related purposes as specified in the loan application and consistent with

the Paycheck Protection Program Rule." In that same application, the borrower must also certify

that "[t]he funds will be used to retain workers and maintain payroll or make mortgage interest

payments, lease payments, and utility payments, as specified under the Paycheck Protection

Program Rule."

   9. Under the applicable PPP rules and guidance, the interest and principal on the

PPP loan was eligible for forgiveness if the business spent the loan proceeds on these authorized

expense items within a designated period of time and used a certain portion of the loan toward

payroll expenses.

    10. Benworth Capital Partners, LLC (Benworth), a financial institution headquaiiered in

Coral Gables, Florida, was a participating lender and issued PPP loans guaranteed by the SBA.

Benw011h processed applications for PPP loai1s that were submitted through an internet-based

web po1tal, which affected interstate commerce.

                                       The Scheme to Defraud

                                            COUNTI
                                False Statement (18 U.S.C. § 1014)

11. Paragraphs 1-10 are realleged and incorporated by reference as if fully set forth herein.

12. On or about April 27, 2021 , in the Southeastern Division of the Eastern District of Missouri

and elsewhere, the defendant, Artis Taylor, knowingly made a false statement to Benworth Capital

                                                  3
Case: 1:25-cr-00056-SNLJ          Doc. #: 2     Filed: 04/01/25      Page: 4 of 6 PageID #: 11




Partners, LLC, a financial institution, for the purpose of influencing the action of Benworth Capital

Partners, LLC upon an application for a SBA backed PPP loan, in violation of Title 18, United

States Code, Section 1014 and punishable under Title 18, United States Code, Section 1014.

                                      Manner and Means

13. It was a part of the scheme that, on or about April 27, 2021 , Artis Taylor submitted and caused

to be submitted a fraudulent PPP loan application on behalf of Artis Taylor, which falsely stated:


   a) That Artis Taylor was the owner / operator of a small business that was in operation in
      Missouri on February 15, 2020.

   b) That any funds received by way of a PPP loan would be spent on permissible expenses,
      such as payroll costs, mortgage interest, rent and utilities for the business which he claimed.

14. Further, Artis Taylor knowingly submitted and caused to be submitted certain documents in

support of the fraudulent PPP loan application, including a materially false and fraudulent Internal

Revenue Service (IRS) Schedule C (Form 1040) Profit or Loss From Business form (Schedule C)

for 2019 which falsely represented specified income and expenses.

       When in truth and fact, there was no such business and Artis Taylor had not obtained the
income listed, nor incurred the expenses claimed, and Artis Taylor did not spend the proceeds of
the loan in a manner consistent with the rules of the program.
                                           COUNT II
                                  Wire Fraud (18 U.S.C. § 1343)

15. Paragraphs 1-10 are realleged and incorporated by reference as if fully set forth herein.

16. On or about April 27, 2021 , in the Southeastern Division of the Eastern District of Missouri

and elsewhere, the defendant, voluntarily and intentionally devised or participated in a scheme to

obtain money by means of material false representations, namely the submission of a fraudulent

                                                 4
Case: 1:25-cr-00056-SNLJ          Doc. #: 2      Filed: 04/01/25        Page: 5 of 6 PageID #: 12




PPP loan application, with the intent to defraud, and the defendant used, or caused to be used an

interstate wire communication, that is the electronic submission of a fraudulent loan application

via the internet, for the purpose of obtaining an electronic deposit of funds into a bank account of

Artis Taylor, in furtherance of the scheme, and the scheme affected Benworth Capital Partners,

LLC, a financial institution, in violation of Title 18 United States Code, Section 1343 and

punishable under Title 18, United States Code, Section 1343.

17. It was a part of the scheme that, on or about April 27, 2021, Artis Taylor submitted and caused

to be submitted a fraudulent PPP loan application on behalf of Artis Taylor, which falsely stated:


   a) That Artis Taylor was the owner / operator of a small business that was in operation in
      Missouri on February 15, 2020.

   b) That any funds received by way of a PPP loan would be spent on permissible expenses,
      such as payroll costs, mortgage interest, rent and utilities for the business which she
      claimed.

18. Further, Artis Taylor submitted and caused to be submitted certain documents in support of

the fraudulent PPP loan application, including a materially false and fraudulent Internal Revenue

Service (IRS) Schedule C (Form 1040) Profit or Loss From Business form (Schedule C) for 2019

which falsely represented specified income and expenses.

       When in truth and fact, there was no such business and Artis Taylor had not obtained the
income listed, nor incurred the expenses claimed and Artis Taylor did not spend the proceeds of
the loan in a manner consistent with the rules of the program.
19. As a result of the materially false and fraudulent application for a PPP loan, the lender did

electronically transfer $19,791.00 to a bank account of Artis Taylor.

                                     Forfeiture Allegations

                                                 5
Case: 1:25-cr-00056-SNLJ           Doc. #: 2      Filed: 04/01/25      Page: 6 of 6 PageID #: 13




        The Grand Jury further finds by probable cause that:

        Pursuant to Title 18, United States Code, Section 982(a)(2)(A) and (a)(3)(F), upon

conviction of an offense in violation of Title 18, United States Code, Section 1014 and/or

Section 1343, as set forth in the Indictment, the defendant shall forfeit to the United States of

America any property constituting, or derived from, proceeds obtained, directly or indirectly, as

a result of such violation. Subject to forfeiture is a sum of money equal to the total value of the

property, real or personal, constituting or derived from any proceeds traceable to such violation,

which is at least $19,791.00.

        If any of the property described above, as a result of any act or omission of the defendant:

        a. cannot be located upon the exercise of due diligence;
        b. has been transfen-ed 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 caimot be divided without
difficulty,
        the United States of America will be entitled to the forfeiture of substitute property

pursuai1t to Title 21, United States Code, Section 853(p).

                                               A TRUE BILL


                                               Foreperson

SAYLER A. FLEMING
United States Attorney


Tim J. Willis, # 62428MO
Assistant United States Attorney

                                                  6


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