Indictment — United States v. Omar White Oliver, Eastern District of Pennsylvania (Document 1)

Summary

A grand jury indictment of Omar White Oliver, Case No. 2:22-cr-00013-WB, in the U.S. District Court for the Eastern District of Pennsylvania, filed January 15, 2022 as Document 1. Counts One and Two charge bank fraud and attempted bank fraud, and Counts Three and Four charge engaging in transactions in unlawful proceeds. The indictment alleges that Oliver, sole owner of Oliver Twist Real Estate LLC, submitted a PPP application to Cross River Bank through BlueVine seeking approximately $186,747 with a false IRS Form 941, and that Cross River distributed approximately $186,747 on or about August 4, 2020; a second draw application was denied. It alleges the proceeds paid for a 2018 Land Rover through a $70,000 cashier's check and personal credit card bills, with intended losses of $373,494. The forfeiture notice seeks at least $186,747.

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“Indictment — United States v. Omar White Oliver, Eastern District of Pennsylvania (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-2-22-cr-00013-dkt-1-e-d-pa-20f5ef28b8/, SHA-256 fd07d5837247950c81b8060453c4a9a76182ae6d7134a79702f9517b7d9e60f3.

Full text

Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT
FOR TIIE EASTERN DISTRICT OF PENNSYLVANIA

UMTED STATES OF AMERICA CRIMINAL NO.22-

VIOLATIONS:
18 U.S.C. $ 1344 (bank fraud - 2 counts)
OMAR WHITE OLIVER 18 U.S.C. $ 1957 (money laundering - 2
counts)
r8 U.S.C. $ 2 (aiding and abetting)
Notice of forfeiture

INDICTMENT
COUNTS ONE AND TWO
(Bank Fraud and Attempted Bank Fraud)

TIIE GRAND JURY CHARGES THAT:

At all times material to this indictment:

The Defendant. Relevant Entities, and Relevant Accounts

l. Defendant OMAR WHITE OLIVER was a United States citizen, with a last

known address in Florida.

2. oliver Twist Real Estate LLC C'OLIVER TWIST") was a Pennsylvania

corporation formed in or around July 2018. OLIVER TWIST purportedly operated as a real

estate business. Defendant OMAR WHITE OLIVER was the organizer and sole owner of

OLTVER TWIST.

3. Wells Fargo Bank, N.A. ("Wells Fargo") was a financial institution headquartered

in Sioux Falls, South Dakota with deposits insured by the Federal Deposit Insurance Corporation

C'FDIC") under FDIC certificate number 351 I . OLIVER TWIST maintained an account at Wells

Fargo with an account number ending in 5423 ("the 5423 Account"). Defendant OMAR WHITE
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 2 of 12

OLIVER was the sole signatory on that account. Defendant OLIVER also held a personal

checking account at Wells Fargo, with an account number ending in 0856 ('the 0856 Account").

4. BlueVine, Inc. ("BlueVine") was a financial technology company headquartered

in Redwood City, Califomia. Among other things, BlueVine provided intake and review

services on behalf of Cross River Bank in connection with PPP loan applications.

5. Cross River Bank ("Cross River") was a financial bsitution headquartered in

Fort Lee, New Jersey with deposits insured by the FDIC under FDIC certificate number 58410.

Cross River participated as a lender in the Paycheck Protection Program ("PPP"), described

below. Cross River utilized BlueVine as its agent to assist Cross River in processing PPP loans.

Ibe Small Business Administration

6. 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 in a

variety of ways, including by fostering the establishment and viability of small businesses and

aiding in their economic recovery after community disasters.

7. As part ofits efforts, the SBA provided for business loans through banks, credit

unions, and other lenders. Those loans had govemment-backed guarantees.

The CARES Act and Pavcheck Protection P rogram

8. The Coronavirus Aid, Reliel and Economic Security Act ('CARES Act") was a

federal law enacted in or about March 2020. Tlte CARES Act provided emergency financial

assistance to the millions of Americans suffering the economic effects of the COVID-19

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

1
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 3 of 12

loans to small businesses forjob retention and certain other expenses, through a program referred

to as the Paycheck Protection Program ("PPP').

9. To obtain a PPP loan, a quali$ing business had to submit a PPP loan application

signed by an authorized representative of the business. The PPP loan application required the

business, tkough its authorized representative, to acknowledge the program rules and to make

affirrnative certifications to be eligible for the PPP loan. For example, in the PPP loan

application (SBA Form 2483), the business, through its authorized representative, had to state its

average monthly payroll expenses and number ofemployees. In addition, businesses had to

provide documentation showing their payroll expenses, as part ofthe PPP loan application

process. These figures were used to calculate the amount ofmoney the small business was

eligible to receive under the PPP.

10. Once a qualifring business completed a PPP application, a participating lender, or
agent on behalf of the participating lender, processed the application. If a PPP loan application

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

SBA guaranteed. In the course ofprocessing the PPP loan, the lender transmitted data from the

loan application to the SBA, including information about the borrower, the total amount ofthe

loan, and the identified number of employees.

11. Proceeds from a PPP loan were legally required to be used only for certain
permissible business expenses, including payroll costs, mortgage interest, rent, and utilities.

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 permissible items within a

designated period of time and used a certain portion of the loan toward payroll expenses.

3
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 4 of 12

The Scheme to Defraud

12. From on or about luly 29,2020, through on or about January 31, 2021, inthe
Eastem District of Pennsylvani4 and elsewhere, defendant

OMARWIIITE OLTVER

knowingly executed and attempted to execute a scheme and artifice to defraud Cross River, and

to obtain money and property under the care, custody and control ofCross River, by means of

materially false and fraudulent pretenses, representations, and promises.

13. The purpose of the scheme was for defendant OMAR WHITE OLIVER to enrich
himself by fraudulently obtaining PPP loan proceeds, including by making false statements about

the number of OLIVER TMST employees, the wages paid to OLIVER TWIST employees, the

payroll taxes paid by OLIVER TWIST, and the intended use ofthe PPP loan proceeds. Once he

obtained those PPP loan proceeds, defendant OLIVER caused those funds to be spent on

unauthorized purchases and laundered a signifrcant portion ofthose funds through various

unauthorized purchases.

Manner and Means

It was part of the scheme that:

14. On or about July 29,2020, defendant OMAR WHITE OLIVER caused a false
and misleading PPP loan application to be submitted to Cross River, through Blue Vine, in the

name of OLIVER TWIST, seeking approximately $186,747 in PPP funds ('lhe first PPP

Application"). The fust PPP Application contained purported payroll data regarding OLIVER

TWIST that, if true and accurate, would have supported a loan request of $186,747. Defendant

OLIVER signed the first PPP Application and falsely certified that both the application and the

information provided in the supporting documents were true and accurate.

.t
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 5 of 12

15. The information that defendant OMAR WHITE OLIVER caused to be submitted
with the first PPP Application falsely represented the number of OLIVER TWIST employees,

the wages paid to oLIVER TWIST employees, the federal income taxes withheld from wages

paid by OLIVER TMST, and the intended uses of the PPP loan proceeds' For example,

defendant OLIVER caused to be submitted what purported to be a federal quarterly tax retum

(IRS Form 941) for OLIVER TWIST covering the first quarter of2020. The purported IRS Form

941, signed by defendant oLIVER falsely stated that oLIvER TWIST paid $67,901.39 in

federal employment taxes for the first quart er of 2020, on5224,097 in wages. In fact, OLIVER

TWST had not filed with the Intemal Revenue Service the Form 941 afiached to the first PPP

Application. Moreover, on August 6,2020, defendant oLIVER filed an entity registration for

OLIVER TWIST with the Commonwealth of Pennsylvania Department of Labor ("PA DOL"),

reporting thar oLIVER TWIST had first paid wages on July 1, 2020, and that oLtvER TWIST

expected to pay $20,000 in wages each quarter, to eight employees'

16. In the first PPP Application, defendant oMAR WHITE OLIVER further certified
that the PPP loan proceeds "[would] 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." He firther certified that he understood that "if the funds

hold [him]
[were] knowingly used for unauthorized purposes, the federal government may

legally liable, such as for charges of fraud." Likewise, he afErmed that the information he

provided ..in this application and the information provided in all supporting documents and

forms is true and accurate in all material respects" and further affirmed that knowingly making a

false statement to obtain a PPP loan could result in imprisonment, or fines, or both.

)
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 6 of 12

17. The first PPP Application was approved. On or about August 4, 2020, Cross
River distributed approximately $186,747 through a wire transfer sent to the 5423 Account at

Wells Fargo.

18. Between on or about August 6,2020 and November 16,2020, defendant OMAR
WHITE OLIVER caused PPP loan proceeds liom the 5423 Account at Wells Fargo to be

transferred and used for personal and unauthorized expenses, including the purchase of a luxury

automobile and payment of personal credit card bills. Specifically, tlose transfers ofPPP loan

funds for unauthorized purposes and uses included:

a. An online transfer in the amount of approximately $5,000' on or about

August 10, 2020, to defendant OLIVER's personal checking account, the 0856 Account;

b. An ACH transfer in the amount of approximately $11,657'16, on or about

August 10, 2020, to American Express, to pay defendant OLIVER's bill for personal expenses

including a trip to Tulum, Mexico, accommodations at a beach resort there, and the purchase of

luxury goods in nearby Cancun, Mexico;

c. An online transfer in the amount of approximately $5,000, on or about

August 24,2020, to defendant OLIVER's personal checking account, the 0856 Account;

d. a counter withdrawal of$70,000, on or about Augttst 24,2020, to

purchase a Wells Fargo cashier's check for $70,000, used to purchase a 2018 Land Rover at a

Jaguar/Land Rover car dealership in West Chester, Pennsylvania;

e. An online transfer in the amount of approximately $3,000, on or about

November 13,2020,to defendant oLIVER',s personal checking account, the 0856 Account; and

f. An online transfer in the amount of approximately $3,000, on or about

November 16,2020,to defendant OLIVER's personal checking account, the 0856 Account.

6
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 7 of 12

19. On or about January 23,2021, defendant OMAR WHITE OLIVER caused a
second false and misleading PPP loan application to be submitted to Cross River, through Blue

Vine, for a second draw PPP loan, in the name of OLIVER TWIST, seeking approximately

$186,747 in PPP funds ('the second PPP Application"). Defendant OLIVER caused to be

submitted with the second PPP Application two falsffied profit and loss statements, one for the

fourth quarter of 201 9 and the other for the fourth quarter of 2020, claiming to have paid wages

that had not in fact been paid to OLIVER TWIST employees. Defendant OLIVER electronically

signed the second PPP Application and falsely certified that both the application and the

idormation provided in the supporting documents were true and accurate. cross River denied

the second PPP Application for a second draw PPP loan.

20. Defendant OMAR WHITE OLIVER's scheme caused actual losses of at least
$186,7 47, with intended losses of$373,494, based on the two false and misleading PPP loan

applications he submitted to Cross River.

2l - On or about the dates below, in the Eastem District of Pennsylvania, and

elsewhere, defendant

OMARWHITE OLIVE&

knowingly executed, and attempted to execute, the above-described scheme and artifice to obtain

the moneys, funds, credits, assets, securities, and property owned by and under the custody and

control ofCross River Bank, by means of materially false and fraudulent pretenses,

representations, and promises, each such execution and attempted execution constituting a

separate count as follows:

1
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 8 of 12

COUNT DATE DESCRIPTION OF EXECUTION
1 htly 29,2020 Submission to Cross River Bark of tlle first PPP
Application in the name of Oliver Twist Real Estate
LLC, seeking approximately $186,7 47
2 January 23,2021 Submission to Cross River Bank of the second PPP
Application in the name of Oliver Twist Real Estate
LLC, seeking a second draw of approximately $186,747

All in violation of Title 18, United States Code, Section 1344.

li
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 9 of 12

COUNTS THREE AND FOUR
(Engaging in Transactions in Unlawful Proceeds)

TIIE GRAND JT]RYFURTHER CHARGES THAT:

l. The allegations in paragraphs I through 20 ofthis indicfrnent are realleged and

incorporated by reference as if fully set forth herein.

2. On or about the dates identified below, in the Eastem District of Pennsylvani4

and elsewhere,

OMARWHITE OLIVER,

knowingly engaged in, and willfully caused, monetary transactions affecting interstate cornmerce

in criminally derived property ofa value greater than $10,000 that were, in facr, derived from

specified unlawful activity, that is, bank fraud, in violation of Title 18, United States Code,

Section 1344, as alleged in Count One, as follows:

COUNT DATE DESCRIPTION OF TRANSACTION
Transfer of$11,657.16 from the 5423 Account to
American Express to pay a bill for personal expenses of
J August 10,2020
defendant OMAR WHITE OLIVER, via an ACH
payment initiated by defendant OLIVER
Withdrawal of $70,000 from the 5423 Account to
purchase a cashier's check for $70,000 payable to a car
4 Angost24,2020
dealership in West Chester Pennsylvania, to purchase a
2018 Land Rover by defendant OLIVER

All in violation of Title 18, United States Code, Sections 7957 and 2

9
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 10 of 12

NOTICE OF FORFEITURE

TIIE GRAND JURY T'URTHER CIIARGES THAT:

As a result of the violations of Title 18, United States Code, Sections 1344 and 1957, set

forth in this indictrnent, defendant

OMARWHITE OLryER

shall forfeit to the United States of America (l) any property that constitutes, or is derived from,

proceeds obtained directly or indirectly as a result of the commission of such violations of Title

18, United States Code, Section 1344, and (2) any property, real or personal, involved in such

violations ofTitle 18, United States Code, Section 1957, and any property traceable to such

property, including but not limited to the sum of at least $ I 86,747 in United States currency

(money judgment), which represents the PPP loan proceeds received by the defendant and

traceable to the commission of such violation of Title 18, United States Code, Section 13214(2).

If any of the property subject to forfeiture, as a result of any act or omission of the

defendant:

a. cannot be located upon the exercise ofdue diligence;

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

c. has been placed beyond the jurisdiction of this Court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty;

it is the intention ofthe United States, pwsuant to Title 18, United States Code, Section 982(b),

incorporating Title 21, United States Code, Section 853(p), to seek forfeiture ofany other

property ofthe defendant up to the value ofthe property subject to forfeiture.

l0
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 11 of 12

All pursuant to Title 18, United States Code, Section 982.

A TRUE BILL:

4^-
JENNIFER ARBITTIER WILLIAMS
United States Attorney

ll
Case 2:22-cr-00013-WB Document 1 Filed 01/15/22 Page 12 of 12

UNITED STATBS DISTRICT COURT

Eastem District of Pennsylvania

Criminal Division

THE LTNITED STATES OF AMEzuCA

OMAR WHITE OLIVER

INDICTMENT

I 8 U.S.C. $ 1344 (bank fraud - 2 counts)
l8 U.S.C. $ 1957 (money laundering - 2 counts)
18 U.S.C. $ 2 (aiding and abetting)

F
.D. 20

CIcrk

l ll il. $

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