Indictment — United States v. Dequarius Hamler, Eastern District of Louisiana (Document 1)

Summary

An indictment for violations of the Federal Controlled Substances Act and making false statements against Dequarius Hamler, Case No. 2:23-cr-00260-GGG-DPC, in the U.S. District Court for the Eastern District of Louisiana, filed November 30, 2023 as Document 1. Count 1 charges a conspiracy to distribute cocaine hydrochloride and marijuana under 21 U.S.C. § 846, and Counts 2 through 4 charge distribution of cocaine and methamphetamine on dates in 2023. Count 5 charges under 18 U.S.C. § 1001 that on or about March 26, 2021 the defendant stated in a PPP application to Capital Plus Financial, LLC earnings of approximately $93,625 in tax year 2019 as sole proprietor of DEE'S Trucking, leading to a PPP loan of approximately $19,505. The indictment includes a notice of forfeiture and names Assistant United States Attorney Stuart M. Theriot.

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Gase 2:23-cr-00260-GGG-DPC

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Document 1 ,

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FILED
STRIE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

INDICTMENT FOR VIOLATIONS OF
THE FEDERAL CONTROLLED SUBSTANCES ACT AND
MAKING FALSE STATEMENTS

UNITED STATES OF AMERICA

DEQUARIUS HAMLER

The Grand Jury charges that:

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COUNT 1

Filed 11/30/23

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PGP LA.

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FELONY

CRIMINAL Nosy 3 _ 9 6 0

SECTION:

VIOLATIONS:

SECT,,] MAG. 2

21 U.S.C. § 841(a)(1)
21 U.S.C. § 841(b)(1)(A)
21 U.S.C. § 841(b)(1)(B)
21 U.S.C. § 841(b)(1)(C)
18 U.S.C. § 1001

(Conspiracy to Distribute and Possess with the Intent to Distribute Controlled Substances)

Beginning on a date unknown but not later than February 3, 2023, and continuing through

the date of this indictment, in the Eastern District of Louisiana, the defendant, DEQUARIUS

HAMLER, did knowingly and intentionally combine, conspire, confederate, and agree with other

persons known and unknown to the Grand Jury, to possess with the intent to distribute five hundred

(500) grams or more of a mixture and substance containing a detectable amount of cocaine

Fee

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Process
Case 2:23-cr-00260-GGG-DPC Document1 ., Filed 11/30/23 Page2of8

hydrochloride, a Schedule II drug controlled substance, and a quantity of marijuana, a Schedule I
drug controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1),
841(b)(1)(B), and 841 (b)(1)(C); all in violation of Title 21, United States Code, Section 846.

COUNT 2
(Distribution of Cocaine)

On or about February 6, 2023, in the Eastern District of Louisiana, the defendant,
DEQUARIUS HAMLER, did knowingly and intentionally distribute a quantity of a mixture and
substance containing a detectable amount of cocaine hydrochloride, a Schedule II controlled
substance, in violation of Title 21, United States Code, Sections 841(a)(1), and 841(b)(1)(C).

COUNT 3
(Distribution of Methamphetamine)

On or about March 16, 2023, in the Eastern District of Louisiana, the defendant,
DEQUARIUS HAMLER, did knowingly and intentionally distribute 50 grams or more of
methamphetamine, its salts, isomers, and salts of its isomers, a Schedule II controlled substance,
in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).

COUNT 4
(Distribution of Cocaine)

On or about April 25, 2023, in the Eastern District of Louisiana, the defendant,
DEQUARIUS HAMLER, did knowingly and intentionally distribute a quantity of a mixture and
substance containing a detectable amount of cocaine hydrochloride, a Schedule II controlled

substance, in violation of Title 21, United States Code, Sections 841(a)(1), and 841(b)(1)(C).
Case 2:23-cr-00260-GGG-DPC Document1 , Filed 11/30/23 Page3of8

(False Statements)

A. AT ALL TIMES MATERIAL HEREIN:

The Defendant, Relevant Entities, And Relevant Accounts

1. The defendant, DEQUARIUS HAMLER (“HAMLER?”), was a resident of St.
Helena Parish, Louisiana, within the Eastern District of Louisiana.

2. DEE’S Trucking, LLC (“DEE’S Trucking”) was a Louisiana corporation formed in
or around July 18, 2013. DEE’S Trucking purportedly operated as a trucking business. HAMLER
was the registered agent and sole beneficial owner of DEE’S Trucking.

3. Lender 1 (Capital Plus Financial, LLC — Managed by Blueacorn) was a financial
institution headquartered in Bedford, Texas.

4, Bank 1 (Capital One Bank) was a financial institution headquartered in McLean,
Virginia, where its servers for electronic communications are also located. HAMLER maintained
an account at Bank 1, account number ending in 4392 (the 4392 Account).

The Small Business Administration

5. 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.

6. As part of its efforts, the SBA provided business loans through banks, credit unions,

and other lenders. Those loans had government backed guarantees.
7. The SBA maintained servers for electronic communications in Sterling, Virginia.

The CARES Act and Paycheck Protection Program

8. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was a
federal law enacted in or about March 2020. The 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 loans to small
businesses for job retention and certain other expenses, through a program referred to as the
Paycheck Protection Program (“PPP”).

9. The PPP was overseen by the SBA, which had authority over all PPP loans.
Individual PPP loans, however, were issued by approved private lenders, who received and
processed PPP loan applications and supporting documentation and, following SBA approval,
made loans using the lenders’ own funds.

10. To obtain a PPP loan, a qualifying business had 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 to make
affirmative certifications to be eligible for the PPP loan. For example, in the PPP loan application
(SBA From 2483), the business, through its authorized representative, had to state its average
monthly payroll expenses and number of employees. In addition, businesses had to provide
documentation showing their payroll expenses, as part of the PPP loan application process. These
figures were used to calculate the amount of money the small business was eligible to receive

under the PPP.
Case 2:23-cr-00260-GGG-DPC Documenti1 , Filed 11/30/23 Page5ofs ,

11. Among the type of businesses eligible for a PPP loan were individuals who operated
under a “sole proprietorship” business structure. In order to be eligible to receive such a PPP loan,
individuals had to report and document their income and expenses from the sole proprietorship, as
typically reported to the Internal Revenue Service (“IRS”) on Form 1040, Schedule C, for a given
year. The lending institution or loan processor used this information and documents to calculate
the amount of money the individual was entitled to receive under PPP.

12. Once a qualifying business completed a PPP application, a participating lender
processed the application. If a PPP loan was approved, the participating lender funded the PPP
loan using its own monies, which the SBA guaranteed. In the course of processing the PPP loan,
the lender transmitted data from the loan application to the SBA, including information about the
borrower, the total amount of the loan, and the identified number of employees. Lender 1 and
Lender 2 were participating lenders in the PPP.

13. 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.

B. THE OFFENSE:

HAMLER PPP Loan

On or about March 26, 2021, in the Eastern District of Louisiana and elsewhere, the
defendant, DEQUARIUS HAMLER, did knowingly and willfully make a materially false,

fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the
Case 2:23-cr-00260-GGG-DPC Documenti1 , Filed 11/30/23 Page6ofs ,

SBA, an agency within the executive branch of the United States, in that the defendant stated in
his SBA Form 2483-C PPP Borrower Application to Capital Plus Financial, LLC that he earned
approximately $93,625 in tax year 2019 as the sole proprietor of DEE’S Trucking; however, in
truth and in fact, the defendant knew that he did not have any earnings in 2019 from DEE’S
Trucking and that the tax year 2019 Internal Revenue Service Form 1040 Schedule C that he
submitted in support of his alleged earnings was a false document, leading to his receipt of an SBA
backed PPP loan of approximately $19,505, in violation of Title 18, United States Code, Section
1001.

NOTICE OF FORFEITURE

1. The allegations of Counts 1 through 5 of this Indictment are incorporated by
reference as though set forth fully herein for the purpose of alleging forfeiture to the United States.
2. As a result of the offenses alleged in Counts 1 through 4, the defendant,
DEQUARIUS HAMLER, shall forfeit to the United States pursuant to Title 21, United States
Code, Section 853, any property, constituting or derived from, any proceeds obtained, directly or
indirectly, as the result of said offenses, and any property, used or intended to be used, in any

manner or part, to commit or to facilitate the commission of said offenses.

3. If any of the above-described property, as a result of any act or omission of the
defendant:
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
Case 2:23-cr-00260-GGG-DPC Document1 , Filed 11/30/23 Page7ofs ,

e. has been commingled with other property which cannot be subdivided
without difficulty;
the United States shall seek a money judgment and, pursuant to Title 21, United States Code,

Section 853(p), forfeiture of any other property of the defendant up to the value of said property.

DUANE A. EVANS
UNITED STATES ATTORNEY

STUART M. THERIOT
Assistant United States Attorney
La. Bar Roll No. 36952

New Orleans, Louisiana
November 30, 2023
Page 8 of.8

Filed 11/30/23

Case 2:23-cr-00260-GGG-DPC Document 1

FORM OBD-34

No.

UNITED STATES DISTRICT COURT
Eastern District of Louisiana
Criminal Division

THE UNITED STATES OF AMERICA

vs.

DEQUARIUS HAMLER

INDICTMENT
INDICTMENT FOR VIOLATIONS OF THE
FEDERAL CONTROLLED SUBSTANCES ACT AND
MAKING FALSE STATEMENTS

VIOLATIONS: 21 U.S.C. § 846, 21 U.S.C. § 841(a)(1),
21 U.S.C. § 841(b)(1)(A), 21 U.S.C. § 841(b)(1)(B),
21 U.S.C. § 841(b)(1)(C), 18 U.S.C. § 1001

__dayof___
A.D. 2023.

Stuart M. Theriot
AAA TP a Assistant United States Attorney


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