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Indictment — United States v. Mark Farag Shehata, Central District of California (Document 1)

Summary

A grand jury indictment filed June 8, 2023 in United States v. Mark Farag Shehata, CR 2:23-cr-00286-GW, in the U.S. District Court for the Central District of California, as Document 1. Counts One through Seven charge wire fraud under 18 U.S.C. § 1343, alleging that from in or about May 2020 through in or about May 2021 Shehata submitted at least seven false Paycheck Protection Program loan applications to Bank of the West, U.S. Bank, Cross River Bank and Fund-Ex Solutions Group, LLC for companies including Shirmak Group LLC and Alpha and Omega Group. The indictment alleges the named borrowers had no employees or business, that fake payroll tax records and IRS Forms W-3 were supplied, and that the applications requested a total of $5,423,989 and obtained approximately $3,154,265. A forfeiture allegation under 18 U.S.C. § 982 follows.

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Cite this document

“Indictment — United States v. Mark Farag Shehata, Central District of California (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-2-23-cr-00286-dkt-1-c-d-cal-7041988c65/, SHA-256 ed9e2e2e152c14cb6f544c5eedca8739713d64a36f09747e689b1c86e9002fb3.

Full text

     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 1 of 10 Page ID #:1



 1

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 3                                                                       6/8/2023
 4                                                                           CD



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                             UNITED STATES DISTRICT COURT
 8
                      FOR THE CENTRAL DISTRICT OF CALIFORNIA
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                               October 2022 Grand Jury
10

11   UNITED STATES OF AMERICA,                CR   2:23-cr-00286-GW

12             Plaintiff,                     I N D I C T M E N T

13             v.                             [18 U.S.C. § 1343: Wire Fraud; 18
                                              U.S.C. § 982: Criminal Forfeiture]
14   MARK FARAG SHEHATA,
       aka “Mark Fshehata,”
15     aka “Mark Farag,”
       aka “Samy Farag,”
16
               Defendant.
17

18        The Grand Jury charges:
19                             COUNTS ONE THROUGH SEVEN
20                                [18 U.S.C. § 1343]
21   A.   INTRODUCTORY ALLEGATIONS
22        At times relevant to this Indictment:
23        Defendant and the Relevant Entities
24        1.    Defendant MARK FARAG SHEHATA, also known as (“aka”) “Mark
25   Fshehata,” aka “Mark Farag,” aka “Samy Farag,” resided in Marina Del
26   Rey, California.
27        2.    Defendant SHEHATA organized, registered, and was a member
28   and/or manager of the following limited liability companies, all of
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 2 of 10 Page ID #:2



 1   which purportedly operated from addresses in Marina Del Rey,

 2   California:

 3              a.   Shirmak Group LLC;

 4              b.   Cynergy Group Internatioal (sic) LLC;

 5              c.   Global Network Investments LLC; and

 6              d.   Alpha and Omega Group LLC.

 7        3.    Bank of the West, U.S. Bank, and Cross River Bank were

 8   financial institutions based in San Francisco, California;

 9   Minneapolis, Minnesota; and Teaneck, New Jersey, respectively, and

10   were approved lenders of Paycheck Protection Program loans. Fund-Ex

11   Solutions Group, LLC was an approved non-bank lender of such loans

12   based in Syracuse, New York.

13        4.    Defendant SHEHATA controlled at least 18 business checking

14   accounts in his name and in the names of Shirmak Group LLC, Global

15   Network Investments LLC, Alpha and Omega Group LLC, Cynergy Group

16   Internatioal (sic) LLC, and Marsh Research Group LLC at a branch of

17   Bank of the West within the Central District of California.

18        The Paycheck Protection Program

19        5.    The Coronavirus Aid, Relief, and Economic Security
20   (“CARES”) Act was a federal law enacted in or about March 2020 that
21   was designed to provide emergency financial assistance to Americans
22   suffering economic harm as a result of the COVID-19 pandemic. One
23   form of assistance provided by the CARES Act was the authorization of
24   United States taxpayer funds in forgivable loans to small businesses
25   for job retention and certain other expenses, through a program
26   referred to as the Paycheck Protection Program (“PPP”). PPP loan
27   proceeds were required to be used by the business to pay certain
28
                                            2
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 3 of 10 Page ID #:3



 1   permissible expenses: payroll costs, interest on mortgages, rent, and

 2   utilities.

 3        6.      In order to obtain a PPP loan, a qualifying business was

 4   required to submit a PPP loan application signed by an authorized

 5   representative of the business. The PPP loan application required the

 6   applicant business (through its authorized representative) to

 7   acknowledge the program rules and make certain affirmative

 8   certifications in order to be eligible to obtain the PPP loan. Such

 9   certifications required the applicant to affirm that “The [PPP loan]

10   funds will be used to retain workers and maintain payroll or make

11   mortgage interest payments, lease payments, and utility payments,”

12   and that the “loan proceeds will be used only for business-related

13   purposes as specified in the loan application” and consistent with

14   the PPP rules. The authorized representative of the applicant was

15   also required to certify that “the information provided in this

16   application and the information provided in all supporting documents

17   and forms is true and accurate in material respects,” and “I

18   understand that if the funds are knowingly used for unauthorized

19   purposes, the federal government may hold me legally liable, such as

20   for charges of fraud.”

21        7.      In the PPP loan application, the applicant was required to

22   state, among other things, the business’s: (a) average monthly

23   payroll expenses and (b) number of employees. These figures were used

24   to calculate the amount of money the small business was eligible to

25   receive under the PPP. In addition, the applicant was required to

26   provide documentation showing its payroll expenses.

27        8.      A small business’s PPP loan application was received and

28   processed by a participating lender approved by the Small Business
                                            3
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 4 of 10 Page ID #:4



 1   Administration (“SBA”). If a PPP loan application was approved, the

 2   participating lender would fund the PPP loan using its own monies,

 3   which were guaranteed by the SBA.

 4   B.   THE SCHEME TO DEFRAUD

 5        9.    Beginning in or about May 2020, and continuing through in
 6   or about May 2021, in Los Angeles County, within the Central District
 7   of California, and elsewhere, defendant SHEHATA, knowingly and with
 8   intent to defraud, devised, participated in, and executed a scheme to
 9   defraud Bank of the West, U.S. Bank, Cross River Bank, and Fund-Ex
10   Solutions Group, LLC, and the SBA, as to material matters, and to
11   obtain money and property owned by and in the custody and control of
12   Bank of the West, U.S. Bank, Cross River Bank, and Fund-Ex Solutions
13   Group, LLC, and the SBA, by means of material false and fraudulent
14   pretenses, representations, and promises, and the concealment of
15   material facts.
16        10.   The fraudulent scheme operated and was carried out, in
17   substance, as follows:
18              a.     Beginning in or about May 2020, defendant SHEHATA
19   submitted, and caused to be submitted, at least seven false and
20   fraudulent PPP loan applications to Bank of the West, U.S. Bank,
21   Cross River Bank, and Fund-Ex Solutions Group, LLC, and the SBA, on
22   behalf of Shirmak Group LLC, Global Network, LLC, Global Network,
23   Global Network Investments, Alpha and Omega Group, and Cynergy Group.
24   More specifically:
25                     i.    On or about May 27, 2020, defendant SHEHATA
26   submitted a loan application for Shirmak Group LLC to Fund-Ex
27   Solutions Group, LLC to request a PPP loan in the amount of $30,354;
28   the requested loan was funded on or about May 29, 2020;
                                            4
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 5 of 10 Page ID #:5



 1                   ii.     On or about June 16, 2020, defendant SHEHATA

 2   submitted a loan application for Global Network, LLC to Fund-Ex

 3   Solutions Group, LLC to request a PPP loan in the amount of

 4   $1,517,709; the requested loan was not funded because Fund-Ex

 5   Solutions Group, LLC suspected fraud;

 6                   iii. On or about June 23, 2020, defendant SHEHATA

 7   submitted a loan application for Global Network to U.S. Bank to

 8   request a PPP loan in the amount of $752,015; the requested loan was

 9   initially funded but, because U.S. Bank N.A. suspected fraud, U.S.

10   Bank recalled the loan;

11                   iv.     On or about July 2, 2020, defendant SHEHATA

12   submitted a loan application for Shirmak Group LLC to Cross River

13   Bank to request a PPP loan in the amount of $958,911; the requested

14   loan was funded on or about July 7, 2020;

15                   v.      On or about January 19, 2021, defendant SHEHATA

16   submitted a loan application for the Alpha and Omega Group to Bank of

17   the West to request a PPP loan in the amount of $780,000; the

18   requested loan was funded on or about March 26, 2021;

19                   vi.     On or about January 23, 2021, defendant SHEHATA

20   submitted a loan application for the Cynergy Group to Bank of the

21   West to request a PPP loan in the amount of $630,000; the requested

22   loan was funded on or about April 5, 2021; and

23                   vii. On or about April 29, 2021, defendant SHEHATA

24   submitted a loan application for Global Network Investments to Bank

25   of the West to request a PPP loan in the amount of $755,000; the

26   requested loan was funded on May 24, 2021.

27              b.   In each of the above-listed PPP loan applications that

28   he submitted, defendant SHEHATA certified that he, as authorized
                                            5
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 6 of 10 Page ID #:6



 1   representative of the named borrower, i.e., Shirmak Group LLC, Global

 2   Network, LLC, Global Network, Global Network Investments, Alpha and

 3   Omega Group, and Cynergy Group, respectively, knew and understood the

 4   terms and rules of the PPP loan program, which provided that PPP loan

 5   proceeds were to be used by the recipient to pay only certain

 6   authorized business expenses, such as payroll, mortgage interest,

 7   lease, and utilities.

 8              c.   In support of the PPP loan applications, defendant

 9   SHEHATA falsely represented that the named borrower, i.e., Shirmak

10   Group LLC, Global Network, LLC, Global Network, Global Network
11   Investments, Alpha and Omega Group, and Cynergy Group, respectively,
12   was operating a business that had employees and business expenses,
13   when, in fact, as defendant SHEHATA then knew, it did not. Defendant
14   SHEHATA knew that none of the named borrowers had any employees or
15   was conducting any type of business at the time defendant SHEHATA
16   submitted the false PPP loan applications on their behalf. In further
17   support of the PPP loan applications, defendant SHEHATA also
18   knowingly provided fake quarterly payroll tax records, IRS Forms W-3,
19   and profit and loss statements concerning the named borrowers to Bank
20   of the West, U.S. Bank, Cross River Bank, and Fund-Ex Solutions
21   Group, LLC, and the SBA.
22              d.   Defendant SHEHATA caused Bank of the West, U.S. Bank,
23   Cross River Bank, and Fund-Ex Solutions Group, LLC, and the SBA, who
24   he knew would rely on the false statements in the PPP applications he
25   filed, to pay and transfer the fraudulently obtained PPP loan funds
26   into bank accounts at Bank of the West that defendant SHEHATA
27   maintained in the names of Shirmak Group LLC, Global Network
28   Investments LLC, Cynergy Group Internatioal (sic) LLC, and Alpha and
                                            6
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 7 of 10 Page ID #:7



 1   Omega Group LLC, all of which bank accounts defendant SHEHATA owned

 2   and controlled.

 3               e.    None of the PPP loan proceeds defendant SHEHATA

 4   fraudulently obtained were used to make payments to employees for

 5   payroll or any business expenses.

 6        11.    In furtherance of the scheme, defendant SHEHATA submitted

 7   to Bank of the West, U.S. Bank, Cross River Bank, and Fund-Ex

 8   Solutions Group, LLC, and the SBA, false applications requesting a

 9   total of $5,423,989 in PPP loans, and fraudulently obtained

10   approximately $3,154,265 in PPP loan proceeds, which defendant

11   SHEHATA caused the PPP lenders to deposit into the Bank of the West

12   accounts that defendant SHEHATA owned and controlled.

13   C.   USE OF INTERSTATE WIRES

14        12.    On or about the dates set forth below, in Los Angeles
15   County, within the Central District of California, and elsewhere, for
16   the purpose of executing the above-described scheme to defraud,
17   defendant SHEHATA transmitted and caused the transmission of the
18   following items by means of wire communications in interstate
19   commerce:
20   //
21   //
22   //
23

24

25

26

27

28
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     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 8 of 10 Page ID #:8



 1   COUNT        DATE            INTERSTATE WIRE TRANSMISSION
 2   ONE          5/27/2020       Electronic submission from Marina Del Rey,
                                  California, of a Paycheck Protection
 3                                Program Borrower Application Form in the
                                  name of Shirmak Group LLC to Fund-Ex
 4
                                  Solutions Group, LLC through its servers
 5                                in Syracuse, New York
     TWO          6/16/2020       Electronic submission from Marina Del Rey,
 6                                California, of a Paycheck Protection
                                  Program Borrower Application Form in the
 7                                name of Global Network, LLC to Fund-Ex
                                  Solutions Group, LLC through its servers
 8
                                  in Syracuse, New York
 9   THREE        6/23/2020       Electronic submission from Marina Del Rey,
                                  California, of a Paycheck Protection
10                                Program Borrower Application Form in the
                                  name of Global Network to U.S. Bank N.A.
11                                through servers in Minneapolis, Minnesota
     FOUR         7/2/2020        Electronic submission from Marina Del Rey,
12
                                  California, of a Paycheck Protection
13                                Program Borrower Application Form in the
                                  name of Shirmak Group LLC to Cross River
14                                Bank through its servers in Teaneck, New
                                  Jersey
15   FIVE         1/19/2021       Electronic submission from Marina Del Rey,
                                  California, of a Paycheck Protection
16
                                  Program Borrower Application Form in the
17                                name of Alpha and Omega Group to Bank of
                                  the West through its servers in Omaha,
18                                Nebraska
     SIX          1/23/2021       Electronic submission from Marina Del Rey,
19                                California, of a Paycheck Protection
                                  Program Borrower Application Form in the
20
                                  name of Cynergy Group to Bank of the West
21                                through its servers in Omaha, Nebraska
     SEVEN        4/29/2021       Electronic submission from Marina Del Rey,
22                                California, of a Paycheck Protection
                                  Program Second Draw Borrower Application
23                                Form in the name of Global Network
                                  Investments to Bank of the West through
24
                                  its servers in Omaha, Nebraska
25

26

27

28
                                            8
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 9 of 10 Page ID #:9



 1                              FORFEITURE ALLEGATION

 2                                 [18 U.S.C. § 982]
 3        1.    Pursuant to Rule 32.2(a) of the Federal Rules of Criminal
 4   Procedure, notice is hereby given that the United States of America
 5   will seek forfeiture as part of any sentence, pursuant to Title 18,
 6   United States Code, Section 982(a)(2), in the event of the
 7   defendant’s conviction of any of the offenses set forth in of Counts
 8   One through Seven of this Indictment.
 9        2.    The defendant, if so convicted, shall forfeit to the United
10   States of America the following:
11              (a) All right, title and interest in any and all property,
12   real or personal, constituting, or derived from, any proceeds
13   obtained, directly or indirectly, as a result of the offense; and
14              (b) To the extent such property is not available for
15   forfeiture, a sum of money equal to the total value of the property
16   described in subparagraph (a).
17        3.    Pursuant to Title 21, United States Code, Section 853(p),
18   as incorporated by Title 18, United States Code, Section 982(b), the
19   defendant, if so convicted, shall forfeit substitute property, up to
20   the total value of the property described in the preceding paragraph
21   if, as the result of any act or omission of the defendant, the
22   property described in the preceding paragraph, or any portion
23   thereof: (a) cannot be located upon the exercise of due diligence;
24   (b) has been transferred, sold to or deposited with a third party;
25   (c) has been placed beyond the jurisdiction of the court; (d) has
26   //
27   //
28   //
                                            9
     Case 2:23-cr-00286-GW   Document 1   Filed 06/08/23   Page 10 of 10 Page ID #:10



 1   been substantially diminished in value; or (e) has been commingled

 2   with other property that cannot be divided without difficulty.

 3                                                A TRUE BILL
 4

 5                                                     /S/
                                                  Foreperson
 6

 7    E. MARTIN ESTRADA
      United States Attorney
 8

 9

10    MACK E. JENKINS
      Assistant United States Attorney
11    Chief, Criminal Division
12    RANEE A. KATZENSTEIN
      Assistant United States Attorney
13    Chief, Major Frauds Section
14    KRISTEN A. WILLIAMS
      Assistant United States Attorney
15    Deputy Chief, Major Frauds Section
16    VALERIE L. MAKAREWICZ
      Assistant United States Attorney
17    Major Frauds Section
18

19

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22

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25

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