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Indictment — No. 2:22-cr-00344 (Dkt. 49, E.D.N.Y.)

Summary

A superseding indictment filed April 19, 2023 as Document 49 in United States v. Rami Saab, also known as "Rami Hasan", Cr. No. 22-344 (S-1) (GRB) (JMW) (Case 2:22-cr-00344-GRB-JMW), in the U.S. District Court for the Eastern District of New York. The introduction describes the COVID-19 pandemic, the Paycheck Protection Program and the Economic Injury Disaster Loan program. Count One is captioned Disaster Relief Fraud, Count Two False Statements to the Small Business Administration, Count Three Conspiracy to Commit Wire Fraud, Counts Four through Twenty-Four Wire Fraud and Count Twenty-Five Conspiracy to Commit Money Laundering, followed by forfeiture allegations.

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Cite this document

“Indictment — No. 2:22-cr-00344 (Dkt. 49, E.D.N.Y.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-2-22-cr-00344-dkt-49-e-d-n-y-7c7dc03b04/, SHA-256 e4cf80fc3992b138c8d68ed5b7557e829baff944828e8ad3592e3c1045b9df1d.

Full text

Case 2:22-cr-00344-GRB-JMW              Document 49        Filed 04/19/23      Page 1 of 13 PageID #:
                                               285



 MRM:AXB
 F. #2020R00902

 UNITED STATES DISTRICT COURT
 EASTERN DISTRICT OF NEW YORK
 -----------------------------X

 UNITED STATES OF AMERICA                                    SUPERSEDING
                                                             INDICTMENT
           - against -
                                                             Cr. No. 22-344 (S-1) (GRB) (JMW)
 RAMISAAB,                                                   (T. 18, U.S.C., §§ 981(a)(l)(C), 982(a)(l),
     also known as "Rami Hasan," and                          982(b)(l), 1014, 1040(a)(2), 1040(b)(l),
                                                              1343, 1349, 1956(h), 2 and 3551 et seq.;
                                                              T. 21, U.S.C. , § 853(p); T. 28, U.S.C.,
                                                              § 2461(c))

                             Defendants.

 -----------------------------X

 THE GRAND JURY CHARGES:

                                           INTRODUCTION

                   At all times relevant to this Superseding Indictment, unless othe1w ise indicated:

 The COVID-19 Pandemic in the United States

                   1.     In or about December 2019, a novel coronavims, SARS-CoV-2 (the

 "coronavims") caused outbreaks of the coronavirus disease COVID-19 that spread globally. On

 or about Januaiy 31, 2020, the Secretaiy of Health and Human Se1vices declared a national

 public health emergency under 42 U.S.C. § 247d as a result of the spread of COVID-19 to and

 within the United States. On or about March 11, 2020, the Director-General of the World

 Health Organization characterized COVID-19 as a pandemic. On or about March 13, 2020, the

 President of the United States issued Proclamation 9994 declaring a national emergency

 beginning on March 1, 2020, as a result of the rapid spread of COVID-19 within the United

 States.
Case 2:22-cr-00344-GRB-JMW            Document 49       Filed 04/19/23      Page 2 of 13 PageID #:
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                                                                                                   2

 The Paycheck Protection Program

                2.      On or about March 27, 2020, the President signed into law the

 Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was a

 federal law 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.

                3.      To obtain a PPP loan, qualifying businesses were required to submit a PPP

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

 loan application required recipient businesses, through an authorized representative, to

 acknowledge the program rules and make certain affirmative certifications to establish eligibility

 for the PPP loan. For example, in the PPP loan application, recipient businesses, through an

 authorized representative, were required to state, among other things, their average monthly

 payroll expenses and number of employees. These figures were used to calculate the amount of

 money the businesses were eligible to receive under the PPP. The recipient businesses were

 also required to provide documentation supporting the information contained in the PPP loan

 application.

                4.      PPP loan proceeds were required to be used by the recipient businesses on

 certain permissible expenses, to wit: payroll costs, interest on mortgages, rent and utilities. The

 PPP allowed the interest and principal on a PPP loan to be entirely forgiven if the recipient
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                                                                                                  3

 businesses spent the loan proceeds on these expense items within a designated period of time

 after receiving the proceeds and used a certain percentage for payroll costs.

                5.      The PPP was overseen by the Small Business Administration (“SBA”),

 which had authority over all PPP loans. Individual PPP loans, however, were issued and

 approved by private lenders, which received and processed PPP loan applications and supporting

 documentation and, following SBA approval, made loans using the lenders’ own funds.

 The Economic Injury Disaster Loan Program

                6.      The Economic Injury Disaster Loan program (“EIDL”) was an SBA

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

 regions affected by declared disasters. The CARES Act authorized the SBA to provide EIDLs

 of up to $2,000,000 to eligible small businesses experiencing substantial financial disruption due

 to the COVID-19 pandemic.

                7.      To obtain an EIDL, a qualifying business was required to submit an

 application to the SBA and provide information about its operations, such as the number of

 employees, gross revenues for the 12-month period preceding the disaster, and cost of goods sold

 in the 12-month period preceding the disaster. Sole proprietors were eligible for EIDLs so long

 as they had verifiable business income during the 12-month period preceding the disaster.

                8.      In the case of EIDLs for COVID-19 relief, the 12-month period was the

 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.

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

 the SBA, in some instances with support from a government contractor, Rapid Finance. The

 amount of the loan, if the application was approved, was determined based, in part, on the
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                                                                                                     4

 information provided in the application about employment, revenue and cost of goods, as

 described above. Any funds issued under an EIDL were issued directly by the SBA. EIDL

 funds could be used for payroll expenses, sick leave, production costs and business obligations,

 such as debts, rent and mortgage.

 The Defendants and Their Fraud Scheme

                10.      The defendant RAMI SAAB, also known as “Rami Hasan,” was a resident

 of Glen Cove, New York.

                                                      SAAB and
                                                                 -     were associated with

 numerous corporate entities (the “Subject Entities”), through which they committed the fraud

 described herein.

                11.      On or about and between May 1, 2020 and the date of this Superseding

 Indictment, both dates being approximate and inclusive, the defendants RAMI SAAB and

                      engaged in a scheme to defraud the SBA and several financial institutions

 administering the PPP program of federal COVID-19 emergency relief funds meant for

 distressed small businesses. It was a part of the scheme to defraud that SAAB and
                                                                                      -    ,

 together with others, submitted or caused to be submitted at least twenty online loan applications

 to obtain funds through the PPP and EIDL programs for the Subject Entities. It was further a

 part of the scheme to defraud that these loan applications and certain supporting documentation

 contained materially false and fraudulent information, including, but not limited to, the Subject

 Entities’ number of employees, payroll costs and intended use of the loan proceeds, all of which

 was specifically designed to mislead the SBA and financial institutions administering the PPP

 and EIDL programs into disbursing various loans, which they did.
Case 2:22-cr-00344-GRB-JMW              Document 49          Filed 04/19/23    Page 5 of 13 PageID #:
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                                                                                                       5

                12.        In total, on or about and between May 1, 2020 and the date of this

 Superseding Indictment, both dates being approximate and inclusive, as a result of this

 fraudulent scheme, the SBA and financial institutions administering the PPP and EIDL programs

 wire-transferred sums totaling approximately $9,668,508 in PPP and EIDL loans for the Subject

 Entities to bank accounts as to which the defendants RAMI SAAB and                              had

 access and control at bank branches in the Eastern District of New York and elsewhere.

                13.        Shortly after receiving these loan proceeds, the defendants RAMI SAAB

 and                       , together with others, engaged in numerous financial transactions

 designed to conceal the true nature and source of the funds, including electronically transferring

 certain of the loan proceeds between various bank accounts as to which SAAB and

 access and control. SAAB and
                                    -                                                   -
                                          then utilized the laundered loan proceeds to enrich

 themselves and others, including by personally making cash withdrawals and transferring funds
                                                                                                had




 to associates overseas.

                                             COUNT ONE
                                         (Disaster Relief Fraud)

                14.        The allegations contained in paragraphs one through thirteen are realleged

 and incorporated as if fully set forth in this paragraph.

                15.        On or about and between May 1, 2020 and the date of this Superseding

 Indictment, both dates being approximate and inclusive, within the Eastern District of New York

 and elsewhere, the defendants RAMI SAAB, also known as “Rami Hasan,” and

                                                             together with others, did knowingly and

 intentionally make one or more materially false, fictitious, and fraudulent statements and

 representations, and make and use one or more false writings and documents knowing the same

 to contain materially false, fictitious, and fraudulent statements and representations, in
Case 2:22-cr-00344-GRB-JMW             Document 49           Filed 04/19/23   Page 6 of 13 PageID #:
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                                                                                                    6

 connection with a procurement of property and services related to an emergency declaration

 under Section 501 of the Stafford Act, to wit: Proclamation 9994 of March 13, 2020 by the

 President of the United States of America Declaring a National Emergency Concerning a Novel

 Coronavirus Disease (COVID-19) Outbreak, which benefits were authorized, transported,

 transmitted, transferred, disbursed and paid in and affecting interstate and foreign commerce.

                 (Title 18, United States Code, Sections 1040(a)(2), 1040(b)(1), 2 and

 3551 et seq.)

                                            COUNT TWO
                       (False Statements to the Small Business Administration)

                 16.    The allegations contained in paragraphs one through thirteen are realleged

 and incorporated as if fully set forth in this paragraph.

                 17.    On or about and between May 1, 2020 and the date of this Superseding

 Indictment, both dates being approximate and inclusive, within the Eastern District of New York

 and elsewhere, the defendants RAMI SAAB, also known as “Rami Hasan,” and

                                                             together with others, did knowingly make

 one or more false statements and reports for the purpose of influencing the action of the SBA in

 connection with an application, advance, discount, purchase, purchase agreement, repurchase

 agreement, commitment, loan and insurance agreement and application for insurance and a

 guarantee, and any change and extension of any of the same, by renewal, deferment of action or

 otherwise, and the acceptance, release and substitution of security therefor, to wit: SAAB and



 -     provided false information in fraudulent PPP and EIDL loan applications to induce the

 SBA to approve loans to the Subject Entities.

                 (Title 18, United States Code, Sections 1014, 2 and 3551 et seq.)
Case 2:22-cr-00344-GRB-JMW             Document 49           Filed 04/19/23    Page 7 of 13 PageID #:
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                                                                                                       7

                                          COUNT THREE
                                 (Conspiracy to Commit Wire Fraud)

                18.     The allegations contained in paragraphs one through thirteen are realleged

 and incorporated as if fully set forth in this paragraph.

                19.     On or about and between May 1, 2020 and the date of this Superseding

 Indictment, both dates being approximate and inclusive, within the Eastern District of New York

 and elsewhere, the defendants RAMI SAAB, also known as “Rami Hasan,” and

                                                             together with others, did knowingly and

 intentionally conspire to devise a scheme and artifice to defraud the SBA and several financial

 institutions administering the PPP and EIDL programs of federal COVID-19 emergency relief

 funds meant for distressed small businesses, and to obtain money and property from the SBA and

 the financial institutions, by means of materially false and fraudulent pretenses, representations

 and promises, and for the purpose of executing such scheme and artifice, to transmit and cause to

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

 signs, signals, pictures and sounds, contrary to Title 18, United States Code, Section 1343.

                (Title 18, United States Code, Sections 1349 and 3551 et seq.)

                          COUNTS FOUR THROUGH TWENTY-FOUR
                                      (Wire Fraud)

                20.     The allegations contained in paragraphs one through thirteen are realleged

 and incorporated as if fully set forth in this paragraph.

                21.     On or about the dates set forth below, within the Eastern District of New

 York and elsewhere, the defendants RAMI SAAB, also known as “Rami Hasan,” and

                                                                          together with others, did

 knowingly and intentionally devise a scheme and artifice to defraud the SBA and several
Case 2:22-cr-00344-GRB-JMW             Document 49      Filed 04/19/23      Page 8 of 13 PageID #:
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                                                                                                   8

 financial institutions administering the PPP and EIDL programs, and to obtain money and

 property from the SBA and the financial institutions, by means of one or more materially false

 and fraudulent pretenses, representations and promises, and for the purpose of executing such

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

 interstate commerce, one or more writings, signs, signals, pictures and sounds, as set forth

 below:

      Count         Approximate Date                 Description of Wire Transmission
                        of Wire
                      Transmission
      FOUR             May 30, 2020        Electronic submission of EIDL loan application to the
                                           SBA
      FIVE             June 2, 2020        Electronic submission of EIDL loan application to the
                                           SBA
       SIX             June 13, 2020       Electronic submission of PPP loan application to Bank
                                           of America
     SEVEN             June 17, 2020       Electronic submission of PPP loan application to
                                           Citibank
     EIGHT             June 18, 2020       Electronic submission of EIDL loan application to the
                                           SBA
      NINE             June 20, 2020       Electronic submission of EIDL loan application to the
                                           SBA
       TEN             June 22, 2020       Electronic submission of PPP loan application to
                                           Kabbage, Inc.
    ELEVEN             June 22, 2020       Electronic submission of PPP loan application to Cross
                                           River Bank
    TWELVE             June 24, 2020       Electronic submission of PPP loan application to
                                           Kabbage, Inc.
   THIRTEEN            June 27, 2020       Electronic submission of PPP loan application to
                                           Kabbage, Inc.
Case 2:22-cr-00344-GRB-JMW             Document 49           Filed 04/19/23    Page 9 of 13 PageID #:
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                                                                                                       9

   FOURTEEN            June 28, 2020        Electronic submission of PPP loan application to
                                            Kabbage, Inc.
    FIFTEEN            June 29, 2020        Electronic submission of PPP loan application to
                                            Kabbage, Inc.
    SIXTEEN            June 29, 2020        Electronic submission of PPP loan application to Cross
                                            River Bank
  SEVENTEEN            July 18, 2020        Electronic submission of PPP loan application to Chase
                                            Bank
   EIGHTEEN            July 27, 2020        Electronic submission of PPP loan application to
                                            Citibank
   NINETEEN            July 30, 2020        Electronic submission of PPP loan application to
                                            Citibank
    TWENTY            February 3, 2021      Electronic submission of PPP loan application to Cross
                                            River Bank
   TWENTY-            March 18, 2021        Electronic submission of PPP loan application to Chase
     ONE                                    Bank
   TWENTY-            March 30, 2021        Electronic submission of PPP loan application to
     TWO                                    Customers Bank
   TWENTY-              May 7, 2021         Electronic submission of PPP loan application to Blue
    THREE                                   Ridge Bank
   TWENTY-             May 24, 2021         Electronic submission of PPP loan application to Blue
    FOUR                                    Ridge Bank

                  (Title 18, United States Code, Sections 1343, 2 and 3551 et seq.)

                                     COUNT TWENTY-FIVE
                             (Conspiracy to Commit Money Laundering)

                22.     The allegations contained in paragraphs one through thirteen are realleged

 and incorporated as if fully set forth in this paragraph.

                23.     On or about and between May 1, 2020 and the date of this Superseding

 Indictment, both dates being approximate and inclusive, within the Eastern District of New York

 and elsewhere, the defendants RAMI SAAB, also known as “Rami Hasan,” and
                                                                                     -
                                                             together with others, did knowingly and

 intentionally conspire to conduct one or more financial transactions in and affecting interstate
Case 2:22-cr-00344-GRB-JMW            Document 49        Filed 04/19/23       Page 10 of 13 PageID #:
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                                                                                                      10

  and foreign commerce, including deposits, transfers and withdrawals of funds and monetary

  instruments, which in fact involved the proceeds of specified unlawful activity, to wit: wire fraud,

  in violation of Title 18, United States Code, Section 1343, knowing that the property involved in

  the financial transactions represented the proceeds of some form of unlawful activity, and

  knowing that the transactions were designed in whole and in part to conceal and disguise the

  nature, location, source, ownership and control of the proceeds of specified unlawful activity,

  and to avoid one or more transaction reporting requirements under State and Federal law,

  contrary to Title 18, United States Code, Sections 1956(a)(1)(B)(i) and 1956(a)(1)(B)(ii).

                 (Title 18, United States Code, Sections 1956(h) and 3551 et seq.)

                           CRIMINAL FORFEITURE ALLEGATION
                       AS TO COUNTS TWO THROUGH TWENTY-FOUR

                 24.     The United States hereby gives notice to the defendants that, upon their

  conviction of any of the offenses charged in Count Two through Count Twenty-Four, the

  government will seek forfeiture in accordance with Title 18, United States Code, Section

  981(a)(1)(C) and Title 28, United States Code, Section 2461(c), which require any person

  convicted of such offenses to forfeit any property, real or personal, constituting, or derived from,

  proceeds obtained directly or indirectly as a result of such offenses.

                 25.     If any of the above-described forfeitable property, 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
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                                                                                                        11

                         (e)      has been commingled with other property which cannot be divided

  without difficulty;

  it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), to

  seek forfeiture of any other property of the defendants up to the value of the forfeitable property

  described in this forfeiture allegation.

                 (Title 18, United States Code, Section 981(a)(1)(C); Title 21, United States Code,

  Section 853(p); Title 28, United States Code, Section 2461(c))

                                CRIMINAL FORFEITURE ALLEGATION
                                    AS TO COUNT TWENTY-FIVE

                 26.     The United States hereby gives notice to the defendants that, upon their

  conviction of the offense charged in Count Twenty-Five, the government will seek forfeiture in

  accordance with Title 18, United States Code, Section 982(a)(1), which requires any person

  convicted of such offense to forfeit any property, real or personal, involved in such offense, or

  any property traceable to such property.

                 27.     If any of the above-described forfeitable property, 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;

  it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), as

  incorporated by Title 18, United States Code, Section 982(b)(1), to seek forfeiture of any other
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                                                                                                    12

  property of the defendants up to the value of the forfeitable property described in this forfeiture

  allegation.

                 (Title 18, United States Code, Sections 982(a)(1) and 982(b)(1); Title 21, United

  States Code, Section 853(p))


                                                                       A TRUE BILL



                                                                      FOREPERSON



          _________________________________
          BREON PEACE
          UNITED STATES ATTORNEY
          EASTERN DISTRICT OF NEW YORK
                  Case 2:22-cr-00344-GRB-JMW                 Document 49               Filed 04/19/23   Page 13 of 13 PageID #:
                                                                     297
F.#: 2020R00902
FORM DBD-34                 No.
JUN 85


                                    UNITED STATES DISTRICT COURT
                                                  EASTERN District of NEW YORK

                                                            CRIMINAL DIVISION

                                          THE UNITED STATES OF AMERICA
                                                                              vs.

                                             RAMI SAAB, also known as “Rami Hasan,” and


                                                                                                         Defendants.
                                           SUPERSEDING INDICTMENT
                             (T. 18, U.S.C., §§ 981(a)(1)(C), 982(a)(1), 982(b)(1), 1014, 1040(a)(2),
                               1040(b)(1), 1343, 1349, 1956(h), 2 and 3551 et seq.; T. 21, U.S.C.,
                                                § 853(p); T. 28, U.S.C., § 2461(c))

                                  A true bill.

                             ________________________________________
                                                                                                           Foreperson

                            Filed in open court this _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ day,

                            of _ _ _ _ _ _ _ _ _ _ _ _ A.D. 20 _ _ _ _ _

                              _______________________________________
                                                                                                                Clerk

                            Bail, $ _ _ _ _ _ _ _ _ _ _ _
                                   _________________________________


                          Michael R. Maffei / Anthony Bagnuola, Assistant U.S. Attorneys (631) 715-7890/7849


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