Indictment — United States v. Dinesh Sah, Northern District of Texas (Document 14)

Summary

A grand jury indictment against Dinesh Sah, Case 3:20-cr-00484-S, U.S. District Court for the Northern District of Texas, filed October 6, 2020 as Document 14. Its back page lists wire fraud under 18 U.S.C. § 1343 (Counts 1-3), bank fraud (Counts 4-6) and a monetary transactions count (Count 7). The indictment alleges that from in or around April 2020 until in or around August 2020 Sah submitted, and caused to be submitted, false PPP applications for Sah-controlled entities, including six to Lender 1. It alleges the Lender 1 applications had false IRS tax forms and bank statements, among them an application on or about May 18, 2020 for $1,987,500 for 2017 Cleveland Springfield LLC. It also alleges that the Horizon Enterprises LLC and ChargEdge, Inc. applications falsely stated the applicant was not presently subject to felony criminal charges.

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“Indictment — United States v. Dinesh Sah, Northern District of Texas (Document 14).” Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-3-20-cr-00484-dkt-14-n-d-tex-21d237a1cf/, SHA-256 ad4944479ed618a9a63319c9383cae790b02575987381d332e1120585931d2ed.

Full text

Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 1 of 32 PageID 29
U.S. DISTRICT COURT
NORTI£ER.'s DISTRICT OF rEXAS

00r\ \ G\-~\'i AL
FILED
IN THE UNITED STATES DISTRICT co
FOR THE NORTHERN DISTRICT OF TE RI ~6~
CLERK, U.S. DIS. :~ICT COURT
DALLAS DIVISION
BY---:-----~~
JJc u:y
UNITED STATES OF AMERICA CASE NO.

V.
3-20C R0484-S
DINESH SAH

INDICTMENT
The Grand Jury charges:

GENERAL ALLEGATIONS

At all times material to this Indictment:

Defendant and Relevant Individuals and Entities

1. Defendant Dinesh SAH was a resident of Coppell, Texas, within the

Northern District of Texas.

2. Person 1 was SAH's spouse and a resident of Coppell, Texas.

3. Person 2 was a resident of Miami, Florida.

4. Person 3 was a resident of Jersey City, New Jersey.

5. Person 4 was a resident of Baltimore, Maryland.

6. Person 5 was a resident of Fremont, California.

7. SAH owned or controlled corporate entities that were registered in various

states, including the following (collectively, the "SAH-controlled entities"):

a. 2017 Cleveland Springfield LLC was a Texas corporation that was

registered on or about May 18, 2020. The registered business address for 2017 Cleveland
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 2 of 32 PageID 30

Springfield LLC was SAH's residence in Coppell, Texas. SAH was listed as the

company's registered agent and managing member.

b. Quadrant Clover LLP was a Texas corporation that was registered

on or about May 15, 2020. The registered business address for Quadrant Clover LLP was

SAH's residence in Coppell, Texas. SAH was listed as the company's registered agent

and managing member.

c. Symbiont Retailers LLC was a cancelled California corporation that

was registered on or about May 10, 20 10. The registered business address for Symbiont

Retailers LLC was a residential property owned by Person 1. Person 1 was listed as the

company's registered agent.

d. Unilaxy International LLC was a Texas corporation that was

registered on or about May 19, 2020. The registered business address for Unilaxy

International LLC was SAH's residence in Coppell, Texas. SAH was listed as the

company's registered agent and managing member.

e. Horizon Enterprises LLC was a suspended California corporation

that was registered on or about January 21, 1999. SAH was listed as the company's

registered agent, managing member, President, and Chief Executive Officer.

f. ChargEdge, Inc. was a California corporation that was registered on

or about February 15, 2017. Person 5 was listed as the company' s registered agent. SAH

was listed as the company's Chief Executive Officer.

g. Relief Without Borders LLC was a Texas corporation that was

registered on or about May 15, 2020. The registered business address for Relief Without

2
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 3 of 32 PageID 31

Borders LLC was SAH's residence in Coppell, Texas. SAH was listed as the company's

registered agent and managing member.

h. Horizon 5 Lakes LLC was a Texas corporation that was registered

on or about May 15, 2020. The registered business address for Horizon 5 Lakes LLC

was SAH's residence in Coppell, Texas. SAH was listed as the company's registered

agent.

1. Convergenz Entertainment LLC was a New Mexico corporation that

was registered on or about February 19, 2016. Person 1 was the company's purported

owner.

J. Unilaxy Advisors LLC was a Nevada corporation that was registered

on or about December 17, 2014. SAH was listed as the company's managing member.

k. Symbiont LLC was a California corporation that was registered on

or about May 26, 2016. SAH was the purported owner of the company, whose business

address was a residential property owned by Person 1.

The Small Business Administration

8. 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.

3
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The Pavcheck Protection Program

9. The Coronavirus Aid, Relief, and Economic Security ("CARES") Act was

a federal law enacted in or around March 2020 that was 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.

10. In order 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 (through its authorized representative) to

acknowledge the program rules and make certain affirmative certifications in order to be

eligible to obtain the PPP loan. In the PPP loan application, the applicant (through its

authorized representative) was required to state, among other things, its: (a) average

monthly payroll expenses; and (b) number of employees. These figures were used to

calculate the amount of money the small business was eligible to receive under the PPP.

In addition, the applicant was required to provide documentation showing its payroll

expenses.

11 . A business's PPP loan application was received and processed, in the first

instance, by a participating lender. If a PPP loan application was approved, the

participating lender funded the PPP loan using its own monies. Data from the

4
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application, including information about the borrower, the total amount of the loan, and

the listed number of employees, was transmitted by the lender to the SBA in the course of

processing the loan.

12. PPP loan proceeds were required to be used by the business on certain

permissible expenses: payroll costs, interest on mortgages, rent, and utilities. The PPP

allowed the interest and principal on the PPP loan to be entirely forgiven if the business

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

receiving the proceeds and used a certain amount of the PPP loan proceeds on payroll

expenses.

Relevant Lending Institutions

13. Lender 1 was a federally insured financial institution based in New Jersey.

14. Lender 2 was a financial-services company based in Georgia.

15. Lender 3 was a financial-services company based in California.

16. Lender 4 was a federally insured financial institution based in Utah.

17. Lender 5 was a federally insured financial institution based in North

Carolina.

18. Lender 6 was a financial-services company based in Florida.

19. Lender 7 was a federally insured financial institution based in Utah.

20. Lender 8 was a federally insured financial institution based in Iowa.

2 1. Lender 1, Lender 2, Lender 3, Lender 4, Lender 5, Lender 6, Lender 7, and

Lender 8 were authorized by the SBA to participate as PPP lenders to small businesses.

5
.. Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 6 of 32 PageID 34

22. Company 1 and Company 2 were financial-technology companies based in

New Jersey and Utah, respectively. Company 1 and Company 2 participated in the

SBA's PPP by, among other things, acting as service providers between small businesses

and certain lenders. Small businesses seeking PPP loans could apply through Company 1

and Company 2 for PPP loans. Company 1 and Company 2 would review the loan

applications. If a loan application received by Company 1 and Company 2 was approved

for funding, a partner lender, such as Lender 1, disbursed the loan funds to the applicant.

THE SCHEME TO DEFRAUD

23. Beginning in or around April 2020, and continuing until in or around

August 2020, within the Northern District of Texas, and elsewhere, defendant SAH and

others, knowingly and with intent to defraud, devised, participated in, executed, and

attempted to execute a scheme and artifice to defraud the SBA, Lender 1, Lender 2,

Lender 3, Lender 4, Lender 5, Lender 6, Lender 7, Lender 8, Company 1, and Company 2

to obtain money and property by means of materially false and fraudulent pretenses,

representations, and promises.

24. As part of the scheme to defraud, SAH submitted, and caused to be

submitted, false and fraudulent PPP applications in the names of certain SAH-controlled

entities to various lending institutions, which approved the applications and funded the

loans, as further described below.

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Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 7 of 32 PageID 35

Name of Approx.
Name of Approx.
Business Amount Lender Status
Applicant Date
Entity Sought
2017
Cleveland May 18,
a. Person 3 $1,987,500 Lender 1 Funded
Springfield 2020
LLC
Quadrant May 18,
b. Person 4 $1, 184,000 Lender I Funded
CloverLLP 2020
Symbiont May 20,
C. Person 1 $1 ,986,972 Lender 1 Funded
Retailers LLC 2020
Unilaxy
May 26,
d. Person 2 International $1,999,103.62 Lender 1 Funded
2020
LLC
Horizon
August 8,
e. Person 3 Enterprises $1,968,958 Lender I Funded
2020
LLC
ChargEdge, August 9,
f. Person 5 $ 1,999,102.50 Lender 1 Funded
Inc. 2020
Relief
May 20,
g. SAH Without $1,992,966 Lender 2 Funded
2020
Borders LLC

Horizon 5 June 3,
h. SAH $1,471 ,77 1 Lender 2 Funded
Lakes LLC 2020

Horizon 5 May 26,
1. SAH $ 1,972,800 Lender 3 Funded
Lakes LLC 2020

Convergenz
May 11,
J. Person 1 Entertainment $937,470 Lender 4 Funded
2020
LLC
Unilaxy
April 28,
k. SAH Advisors $247,400.67 Lender 5 Funded
2020
LLC

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Purpose of the Scheme to Defraud

25. It was the purpose of the scheme for SAH to unjustly enrich himself and

others by fraudulently obtaining PPP loan proceeds under false and misleading pretenses.

Manner and Means of the Scheme to Defraud

26. The fraudulent scheme operated and was carried out, in substance, as

follows:

Fraudulent PPP Applications to Lender 1

27. As part of the scheme to defraud, SAH submitted, and caused to be

submitted, six false and fraudulent PPP applications to Lender 1 for certain SAH

controlled entities (collectively, the "Lender 1 PPP Applications"). Specifically:

a. On or about May 18, 2020, SAH submitted, and caused to be

submitted, through Company 1, an application for a PPP loan in the amount of

$ 1,987,500 for borrower 20 17 Cleveland Springfield LLC, purportedly owned and

controlled by Person 3, and having 97 employees and average monthly payroll expenses

of $795,000;

b. On or about May 18, 2020, SAH submitted, and caused to be

submitted, through Company 1, an application for a PPP loan in the amount of

$1,184,000 for borrower Quadrant Clover LLP, purportedly owned and controlled by

Person 4, and having 46 employees and average monthly payroll expenses of $473,600;

c. On or about May 20, 2020, SAH submitted, and caused to be

submitted, an application for a PPP loan in the amount of $1,986,972 for borrower

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Symbiont Retailers LLC, purportedly owned and controlled by Person 1, and having 97

employees and average monthly payroll expenses of $794,789;

d. On or about May 26, 2020, SAH submitted, and caused to be

submitted, an application for a PPP loan in the amount of $1,999,103.62 for borrower

Unilaxy International LLC, purportedly owned and controlled by Person 2, and having 99

employees and average monthly payroll expenses of $799,641.45;

e. On or about August 8, 2020, SAH submitted, and caused to be

submitted, an application for a PPP loan in the amount of $1 ,968,958 for borrower

Horizon E nterprises LLC, purportedly owned and controlled by Person 3, and having 148

employees and average monthly payroll expenses of $787,583; and

f. On or about August 9, 2020, SAH submitted, and caused to be

submitted, an application for a PPP loan in the amount of $1,999,102.50 for borrower

ChargEdge, Inc., purportedly owned and controlled by Person 5, and having 137

employees and average monthly payroll expenses of $799,641.

28. As a further part of the scheme to defraud, SAH submitted, and caused to

be subm itted, false and fraudulent documents and information in the Lender 1 PPP

Applications, including the following:

a. Various false Internal Revenue Service ("IRS") tax forms,

purportedly filed in the names of the six entities applying for PPP funds; and

b. False bank statements, purportedly from accounts at J.P. Morgan

Chase in the names of each of the six entities, which made it appear that they had paid,

among other things, monthly payroll to employees.

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29. As a further part of the scheme to defraud, SAH made, and caused to be

made, additional false statements in the Lender 1 PPP applications, which SAH knew

were false when he made them and caused them to be made. For example:

a. SAH falsely represented that the funds sought through the Lender 1

PPP Applications would be used to pay payroll and other permissible business expenses

when, in fact, SAH intended to divert the proceeds for personal benefit;

b. SAH falsely represented that the entities listed in the Lender 1 PPP

Applications were in operation on February 15, 2020, and had paid salaries and payroll

taxes or paid independent contractors, when, in fact, the purported tax forms showing that

wages were paid to employees had never been filed with the IRS; and

c. With respect to the PPP applications for Horizon Enterprises LLC

and ChargEdge, Inc., SAH falsely represented that the applicant was not presently subject

to felony criminal charges in any jurisdiction, when, in fact, as he then knew, he had been

charged with violating (i) Texas Penal Code § 22.01, Assault, a felony under Texas law,

on or about July 1, 2020; and (ii) Texas Penal Code § 22.04, Injury to a Child, Elderly

Individual, or Disabled Individual, a felony under Texas law, on or about July 3, 2020,

and both charges were then pending.

30. In reliance upon SAH's materially false statements in the Lender 1 PPP

applications, Lender 1 approved and funded the PPP loans. Specifically, funding wires

were sent on or about the following dates:
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 11 of 32 PageID 39

a. In connection with the PPP application for 2017 Cleveland

Springfield LLC, on or about May 19, 2020, Company I wired approximately $ 1,987,500

to an account ending in -8854 at J.P. Morgan Chase held in SAH's name;

b. In connection with the PPP application for Quadrant Clover LLP, on

or about May 19, 2020, Company 1 wired approximately $1,184,000 to an account

ending in -7970 at J.P. Morgan Chase held in SAH's name;

c. In connection with the PPP application for Symbiont Retailers LLC,

on or about May 26, 2020, Lender 1 wired approximately $1,986,972 to an account

ending in -9715 at J.P. Morgan Chase held in the name of Symbiont LLC, on which SAH

was the sole signer;

d. In connection with the PPP application for Unilaxy International

LLC, on or about June 1, 2020, Lender 1 wired approximately $1,999,103.62 to an

account ending in -2642 at J.P. Morgan Chase held in the name of Unilaxy International

LLC, on which SAH was the sole signer;

e. In connection with the PPP application for Horizon Enterprises LLC,

on or about August 11, 2020, Lender I wired approximately $1 ,968,957.50 to an account

ending in -4321 at J.P. Morgan Chase held in the name of Symbiont LLC, on which SAH

was the sole signer; and

f. In connection with the PPP application for ChargEdge, Inc., on or

about August 11 , 2020, Lender 1 wired approximately $1 ,999,102.50 to an account

ending in -5588 at J.P. Morgan Chase held in SAH's name.

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Fraudulent PPP Applications to Lender 2

31. As part of the scheme to defraud, SAH submitted, and caused to be

submitted, two false and fraudulent PPP applications to Lender 2 for certain SAH

controlled entities (collectively, the "Lender 2 PPP Applications"). Specifically:

a. On or about May 20, 2020, SAH submitted, and caused to be

submitted, an application for a PPP loan in the amount of $ 1,992,966 for borrower R elief

Without Borders LLC, purportedly having 101 employees and average monthly payroll

expenses of $797,187; and

b. On or about June 3, 2020, SAH submitted, and caused to be

submitted, an application for a PPP loan in the amount of $1,47 1,771 for borrower

Horizon 5 Lakes LLC, purportedly having 71 employees and average monthly payroll

expenses of $588,709.

32. As a further part of th e scheme to defraud, SAH submitted, and caused to

be submitted, false and fraudulent documents and information in the Lender 2 PPP

Applications. These false documents included various false IRS tax forms, purportedly

fi led in the names of Relief Without Borders LLC and Horizon 5 Lakes LLC; and false

bank statements, purportedly from accounts at J.P. Morgan Chase in the names of these

two entities.

33. As a further part of the scheme to defraud, SAH made, and caused to be

made, false statements in the Lender 2 PPP Applications, which SAH knew were false

when he made them and caused them to be made. For example, SAH falsely represented

that the funds sought through the Lender 2 PPP- Applications would be used to pay

12
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payroll and other permissible business expenses when, in fact, SAH intended to divert the

proceeds for personal benefit. SAH also falsely represented that these entities were in

operation on February 15, 2020, and had paid salaries and payroll taxes or paid

independent contractors, when, in fact, the purported tax forms showing that wages were

paid to employees had never been filed with the IRS.

34. In reliance upon SAH's materially false statements in the Lender 2 PPP

Applications, Lender 2 approved and funded the PPP loans. Specifically, on or about the

following dates, Lender 2 sent the following funding wires:

a. In connection with the PPP application for Relief Without Borders

LLC, on or about May 22, 2020, Lender 2 wired approximately $1,992,966 to an account

ending in -8964 at J.P. Morgan Chase held in SAH' s name; and

b. In connection with the PPP application for Horizon 5 Lakes LLC, on

or about June 5, 2020, Lender 2 wired approximately $1,471,771 to an account ending in

-0121 at J.P. Morgan Chase held in the name of Convergenz Entertainment LLC, on

which SAH was the sole signer.

Fraudulent PPP Application to Lender 3

35. As part of the scheme to defraud, SAH submitted, and caused to be

submitted, a false and fraudulent PPP application to Lender 3 for an entity that he owned

or controlled (the "Lender 3 PPP Application"). Specifically, on or about May 26, 2020,

SAH submitted, and caused to be submitted, an application for a PPP loan in the amount

of $1 ,972,800 for borrower Horizon 5 Lakes LLC, purportedly having 7 1 employees and

average monthly payroll expenses of$789,121.

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36. As a further part of the scheme to defraud, SAH submitted, and caused to

be submitted, false and fraudulent documents and information in the Lender 3 PPP

Application. These false documents included various false IRS tax forms, purportedly

filed in the name of Horizon 5 Lakes LLC; and false bank statements, purportedly from

accounts at J.P. Morgan Chase in the name of Horizon 5 Lakes LLC.

37. As a further part of the scheme to defraud, SAH made, and caused to be

made, false statements in the Lender 3 PPP Application, which SAH knew were false

when he made them and caused them to be made. For example, SAH falsely represented

that the funds sought through the Lender 3 PPP Application would be used to pay payroll

and other permissible business expenses when, in fact, SAH intended to divert the

proceeds for personal benefit. SAH also falsely represented that Horizon 5 Lakes LLC

was in operation on February 15, 2020, and had paid salaries and payroll taxes or paid

independent contractors, when, in fact, the purported tax forms showing that wages were

paid to employees had never been filed with the IRS.

38. In reliance upon SAH's materially false statements in the Lender 3 PPP

Application, Lender 3 approved and funded the PPP loan. Specifically, on or about June

5, 2020, Lender 3 wired approximately $1 ,509,406 to an account ending in -0121 at J.P.

Morgan Chase held in the name of Convergenz Entertainment LLC, on which SAH was

the sole signer.

Fraudulent PPP Application to Lender 4

39. As part of the scheme to defraud, SAH submitted, and caused to be

submitted, through Company 1, a false and fraudulent PPP application to Lender 4 for an

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Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 15 of 32 PageID 43

entity that he owned or controlled (the "Lender 4 PPP Application"). Specifically, on or

about May 11 , 2020, SAH submitted, and caused to be submitted, an application for a

PPP loan in the amount of $937,470 for borrower Convergenz Entertainment LLC,

purportedly owned and controlled by Person 1, and having 4 1 employees and average

monthly payroll expenses of $374,988.36.

40. As a further part of the scheme to defraud, SAH submitted, and caused to

be submitted, false and fraudulent documents and information in the Lender 4 PPP

Application. These false documents included various false IRS tax forms, purportedly

filed in the name of Convergenz Entertainment LLC; and false bank statements,

purportedly from accounts at J.P. Morgan Chase in the name of Convergenz

Entertainment LLC.

4 1. As a further part of the scheme to defraud, SAH made, and caused to be

made, false statements in the Lender 4 PPP Application, which SAH knew were false

when he made them and caused them to be made. For example, SAH falsely represented

that the funds sought through the Lender 4 PPP Application would be used to pay payroll

and other permissible business expenses when, in fact, SAH intended to divert the

proceeds for personal benefit. SAH also falsely represented that Convergenz

Entertainment LLC was in operation on February 15, 2020, and had paid salaries and

payroll taxes or paid independent contractors, when, in fact, the purported tax forms

showing that wages were paid to employees had never been filed with the IRS.

42. In reliance upon SAH's materially false statements in the Lender 4 PPP

Application, Lender 4 approved and funded the PPP loan. Specifically, on or about May

15
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13, 2020, Company I wired approximately $937,470 to an account ending in -5588 at

J.P. Morgan Chase held in SAH' s name.

Fraudulent PPP Application to Lender 5

43. As part of the scheme to defraud, SAH submitted, and caused to be

submitted, a false and fraudulent PPP application to Lender 5 for an entity that he owned

or controlled (the "Lender 5 PPP Application"). Specifically, on or about April 28, 2020,

SAH submitted, and caused to be submitted, an application for a PPP loan in the amount

of $247,400.67 for borrower Unilaxy Advisors LLC, doing business as "Unilaxy

International," purportedly hav ing 9 employees and average monthly payroll expenses of

$94,960.27.

44. As a further part of the scheme to defraud, SAH submitted, and caused to

be submitted, false and fraudulent documents and information in the Lender 5 PPP

Application, including various false IRS tax forms, purportedly filed in the name of

Unilaxy Advisors LLC.

45. As a further part of the scheme to defraud, SAH made, and caused to be

made, false statements in the Lender 5 PPP Application, which SAH knew were false

when he made them and caused them to be made. For example, SAH falsely represented

that the funds sought through the Lender 5 PPP Application would be used to pay payroll

and other permissible business expenses when, in fact, SAH intended to divert the

proceeds for personal benefit. SAH also falsely represented that Unilaxy Advisors LLC

was in operation on February 15, 2020, and had paid salaries and payroll taxes or paid

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independent contractors, when, in fact, the purported tax forms showing that wages were

paid to employees had never been filed with the IRS.

46. In reliance upon SAH's materially false statements in the Lender 5 PPP

Application, Lender 5 approved and funded the PPP loan. Specifically, on or about May

4, 2020, Lender 5 wired approximately $247,400 to an account ending in -2798 at Bank

of America held in the name ofUnilaxy Advisors LLC.

47. After SAH received PPP funds from Lender 1, Lender 2, Lender 3, Lender

4, and Lender 5, as described above, he used the proceeds for various personal expenses,

including to purchase new homes and luxury vehicles, and for international money

transfers.

Fraudulent PPP Applications to Lender 6, Lender 7, Lender 8, and Companv 2

48. As part of the scheme to defraud, SAH submitted, and caused to be

submitted, an additional four false and fraudulent PPP loan applications to Lender 6,

Lender 7, Lender 8, and Company 2 on behalf of entities that he owned or controlled,

none of which were approved (collectively, the "Rejected PPP Applications").

Each of the Rejected PPP Applications contained material misrepresentations

regarding the particular entity's number of employees and average monthly payroll

expenses, as described below.

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Name of Approx. Average
Name of Approx. Number of
Business Amount Lender Monthly Status
Applicant Date Employees
Entity Soue ht Payroll
Unilaxy
Lender May 25,
a. SAH International $1 ,986,900 Rejected
6/Company 2 2020 99 $794,789
LLC
Symbiont June 22,
b. SAH $1 ,967,700 Lender? 100 $787,066 Rejected
LLC 2020

Unilaxy
June 13, 99 $794,789
C. Person 2 International $1 ,896,872 Lender 7 Rejected
2020
LLC

Symbiont Lender May 13,
d. SAH $1 , 182,500 46 $473,030 Rejected
LLC 8/Company 2 2020

49. As a further part of the scheme defraud, in support of the Rejected PPP

Applications, SAH submitted, and caused to be submitted, to lenders false and fraudulent

documents and information, including vari ous false IRS tax forms, purportedly filed in

the names of these entities; and false bank statements, purportedly from accounts at J.P.

Morgan Chase in the names of these entities.

50. As a further part of the scheme to defraud, SAH made, and caused to be

made, false statements in certain Rejected PPP Applications, which SAH knew were false

when he made them and caused them to be made. For example, SAH falsely represented

that these entities had paid salaries and payroll taxes or paid independent contractors,

when, in fact, the purported tax forms showing that wages were paid to employees had

never been filed with the IRS.

51. Based upon the 15 PPP loan applications submitted to lenders, as described

above, SAH's scheme to defraud caused intended losses of approximately $24.8 million.

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COUNTS ONE THROUGH THREE
Wire Fraud
(Violation of 18 U.S.C. §§ 1343 and 2)

52. The allegations in paragraphs 1 through 51 of this Indictment are re-alleged

and incorporated as if fully set forth herein.

53. Beginning in or around April 2020, and continuing until in or around

August 2020, in the Northern District of Texas, and elsewhere, the defendant, DINESH

SAH, with intent to defraud, having devised and participated in the above-described

scheme and artifice to defraud, and to obtain money and property by means of false and

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

scheme and artifice, knowingly transmit and cause to be transmitted by means of wire,

radio, and television communication in interstate and foreign commerce, certain

writings, signs, signals, pictures, and sounds on the following dates as further described

below, each such wire transmission constituting a separate count:

COUNT APPROX. DESCRIPTION OF WIRE
DATE
Interstate wire transfer in the amount of $1,509,406
ONE June 5, 2020 from Lender 3 to J.P. Morgan Chase account ending
in -0121 in the name of Convergenz Entertainment
LLC
Interstate telephone call between SAH and a
TWO May 22, 2020 representative of Company 2 regarding fraudulent
PPP application for Unilaxy International LLC
1-------------+-
Int erstate submission of fraudulent PPP application
THREE May 20, 2020 for Relief Without Borders LLC to Lender 2

All in violation of 18 U.S.C. §§ 1343 and 2.

19
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 20 of 32 PageID 48

COUNTS FOUR THROUGH SIX
Bank Fraud
(Violation of 18 U.S.C. §§ 1344(2) and 2)

54. The allegations in paragraphs 1 through 51 of this Indictment are re-alleged

and incorporated as if fully set forth herein.

55. Beginning in or around April 2020, and continuing until in or around

August 2020, in the Northern District of Texas, and elsewhere, the defendant, DINESH

SAH, with intent to defraud, knowingly devised, intended to devise, and participated in a

scheme and artifice to obtain the moneys, funds, credits, assets, securities, and property

owned by and under the custody and control of Lender 1 by means of materially false and

fraudulent pretenses, representations, and promises.

56. On or about the dates set forth below, in the Northern District of Texas,

and elsewhere, the defendant, DINESH SAH, knowingly executed the above-described

scheme, each execution constituting a separate count.

COUNT APPROX. DATE ACT

FOUR August 8, 2020 Submission of fraudulent PPP application for
Horizon Enterprises LLC to Lender 1

Submission of fraudulent PPP application for
FIVE May 26, 2020
Unilaxy International LLC to Lender 1

Submission of fraudulent PPP application for
SIX May 20, 2020
Symbiont Retailers LLC to Lender 1

All in violation of 18 U.S.C. §§ 1344(2) and 2.

20
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 21 of 32 PageID 49

COUNT SEVEN
Engaging in Monetary Transactions in Property
Derived from Specified Unlawful Activity
(Violation of 18 U.S.C. §§ 1957 and 2)

57. The allegations in paragraphs 1 through 51 of this Indictment are re-

alleged and incorporated as if fully set forth herein.

58. On or about the date set forth below, in the Northern District of Texas, and

elsewhere, the defendant, DINESH SAH, knowing that the funds involved represented

the proceeds of some form of unlawful activity, engaged in and willfully caused others

to engage in the following monetary transaction, in and affecting interstate commerce, in

criminally derived property of a value greater than $10,000, which property, in fact, was

derived from specified unlawful activity, namely, wire fraud, committed in violation of

Title 18, United States Code, Section 1343, and bank fraud, committed in violation of

Title 18, United States Code, Section 1344(2):

COUNT APPROX. MONETARY TRANSACTION
DATE
Interstate transfer of $2,000,000 from J.P. Morgan Chase bank
account ending in -2642 in the name of Unilaxy International
SEVEN July 13, 2020 LLC to an account at Technology Credit Union for Person 5

All in violation of 18 U .S.C. §§ 1957 and 2.

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Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 22 of 32 PageID 50

NOTICE OF FORFEITURE

Notice is hereby given of 18 U.S.C. § 982 and 28 U.S.C. § 246l(c). Under

Section 2461 ( c), criminal forfeiture is applicable to any offenses for which forfeiture is

authorized by any other statute, including but not limited to 18 U.S.C. § 981 and all

specified unlawful activities listed or referenced in 18 U.S.C. § 1956(c)(7), which are

incorporated as to proceeds by Section 981 (a)( 1)(C). The following property is subject to

forfeiture in accordance with Section(s) 982 and/or 246l(c):

1. All property which constitutes or is derived from proceeds of the violations

set forth in this Indictment;

2. All property involved in such violations or traceable to property involved in

such violations; and

3. If, as set forth in 21 U .S.C. § 853(p), any property described in (a) or (b)

cannot be located upon the exercise of due diligence, has been transferred or sold to, or

deposited with, a third party, has been placed beyond the jurisdiction of the court, has

been substantially diminished in value, or has been commingled with other property

which cannot be divided without difficulty, all other property of the defendants to the

extent of the value of the property described in (a) and (b).

Specifically:

Money Judgment

1. The proceeds obtained as a result of the offenses in Counts One through

Seven in this Indictment, in the form of a money judgment;

22
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 23 of 32 PageID 51

Bank Accounts

2. $2,848,012.14 in funds seized from J.P. Morgan Chase account ending in -

0206 on or about September 21, 2020, maintained in the name of Dinesh Sah;

3. $1,000,026.53 in funds seized from J.P. Morgan Chase account ending in -

4556 on or about September 21, 2020, maintained in the name ofDinesh Sah;

4. $ 161 ,611.65 in funds seized from J.P. Morgan Chase account ending in -

9688 on or about September 21, 2020, maintained in the name ofDinesh Sah;

5. $50,004.51 in funds seized from J.P. Morgan Chase account ending in -

0259 on or about September 21 , 2020, maintained in the name of Unilaxy International

LLC;

6. $50,001.49 in funds seized from J.P. Morgan Chase account ending in -

5913 on or about September 21, 2020, maintained in the name of Horizon 5 Lakes LLC;

7. $50,00 1.49 in funds seized from J.P. Morgan Chase account ending in -

7047 on or about September 21, 2020, maintained in the name of Relief Without Borders

LLC;

8. $50,005 .33 in funds seized from J.P. Morgan Chase account ending in -

7802 on or about September 2 1, 2020, maintained in the name of Convergenz

Entertainment LLC;

9. $50,001.49 in funds seized from J.P. Morgan Chase account ending in -

2501 on or about September 21, 2020, maintained in the name of Symbiont LLC;

10. $43,220.64 in funds seized from J.P. Morgan Chase account ending in -

5588 on or about September 21, 2020, maintained in the name of Dinesh Sah;

23
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 24 of 32 PageID 52

11. $27,128.00 in funds seized from J.P. Morgan Chase account ending in -

5779 on or about September 21, 2020, maintained in the name of Pan in LLC;

12. $ 19,188.22 in funds seized from J.P. Morgan Chase account ending in -

2642 on or about September 21, 2020, maintained in the name of Unilaxy International

LLC·
'
13. $10,000.18 in funds seized from J.P. Morgan Chase account ending in -

5102 on or about September 21, 2020, maintained in the name of Panin LLC;

14. $ 10,000.16 in funds seized from J.P. Morgan Chase account ending in -

7970 on or about September 21, 2020, maintained in the name ofDinesh Sah;

15. $ 10,000.16 in funds seized from J.P. Morgan Chase account ending in -

8854 on or about September 21, 2020, maintained in the name of Dinesh Sah;

16. $10,000. 16 in funds seized from J.P. Morgan Chase account ending in -

8964 on or about September 21, 2020, maintained in the name of Dinesh Sah;

17. $ 10,000.10 in funds seized from J.P. Morgan Chase account ending in -

6921 on or about September 21 , 2020, maintained in the name of Gysin Group LLC;

18. $10,000.09 in funds seized from J.P. Morgan Chase account ending in -

9980 on or about September 21, 2020, maintained in the name of Quadrant Clover LLC;

19. $ 10,000.00 in funds seized from J.P. Morgan Chase account ending in -

6708 on or about September 21, 2020, maintained in the name of Horizon 5 Lakes LLC;

20. $9,905.00 in funds seized from J.P. Morgan Chase account ending in -0121

on or about September 2 1, 2020, maintained in the name of Convergenz Entertainment

LLC;

24
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 25 of 32 PageID 53

21. $9,905.00 in funds seized from J.P. Morgan Chase account ending in -4321

on or about September 21, 2020, maintained in the name of Symbiont LLC d/b/a

Symbiont Retailers;

22. $9,905.00 in funds seized from J.P. Morgan Chase account ending in -9715

on or about September 21, 2020, maintained in the name of Symbiont LLC;

23. $9,810.00 in funds seized from J.P. Morgan Chase account ending in -9935

on or about September 21, 2020, maintained in the name of Relief Without Borders LLC;

24. $2,500.00 in funds seized from J.P. Morgan Chase account ending in -1252

on or about September 21 , 2020, maintained in the name of Gysin Group LLC;

25. $2,500.00 in funds seized from J.P. Morgan Chase account ending in -7773

on or about September 2 1, 2020, maintained in the name of Quadrant Clover LLP;

26. $100,008.57 in funds seized from Bank of America account ending in -

5041 on or about September 21, 2020, maintained in the name of Dinesh Sah;

27. $58,203.56 in funds seized from Bank of America account ending in -4437

on or about September 21, 2020, maintained in the name of Dinesh Sah;

28. $28,441.0 1 in funds seized from Bank of America account ending in -2798

on or about September 2 1, 2020, maintained in the name ofUnilaxy Advisors LLC;

29. $9,997.72 in funds seized from Bank of America account ending in -3028

on or about September 2 1, 2020, maintained in the name ofUnilaxy Advisors LLC;

30. $250,032.53 in funds seized from Comerica account ending in -0854 on or

about September 21, 2020, maintained in the name of Symbiont Capital LLC;

25
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 26 of 32 PageID 54

31. $250,032.53 in funds seized from Comerica account ending in -7885 on or

about September 21, 2020, maintained in the name ofDinesh Sah;

32. $250,000.00 in funds seized from Comerica account ending in -0839 on or

about September 21, 2020, maintained in the name of Unilaxy International LLC;

33. $250,000.00 in funds seized from Comerica account ending in -0847 on or

about September 21, 2020, maintained in the name of Horizon 5 Lakes LLC;

34. $5,000.98 in funds seized from Comerica account ending in -7836 on or

about September 21 , 2020, maintained in the name of Anju Babbar;

35. $5,000.35 in funds seized from Comerica account ending in -7968 on or

about September 21, 2020, maintained in the name of Anju Babbar;

36. $250,905.71 in funds seized from Merrill Lynch brokerage account ending

in -7Q 11 on or about September 21 , 2020, maintained in the name of Dinesh Sah;

Vehicles

3 7. A 2020 Bentley Continental-Convertible (VIN# SCBDB4ZG5LC079786)

seized from 471 Clear Creek Lane, Coppell, TX 75019 on or about September 18, 2020;

38. A 2015 Porsche Macan (VIN# WP1AB2A53FLB63347) seized from 331

Still Forest Drive, Coppell, TX 75019 on or about September 18, 2020;

39. A 2020 Cadillac XT6 (VIN# 1GYKPHRS8LZ170 172) seized from 331

Still Forest Drive, Coppell, TX 75019 on or about September 18, 2020;

40. A 2020 Chevrolet Corvette (VIN# 1G1Y82D40L5102760) seized from 471

Clear Creek Lane, Coppell, TX 75019 on or about September 18, 2020;

26
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 27 of 32 PageID 55

41. A 2017 Cadillac XT5 (VIN# 1GYKNBRSXHZ101252) seized from the

street on Clear Creek Lane, Coppell, TX 75019 on or about September 18, 2020;

Real Property

42. All that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at 454 Clear Creek Lane, Coppell, Texas

75019 owned by Dinesh Sah and Anju Babbar, more fully described as follows: Lot 36,

Block D, Wi llowood No. 2, an Addition to the City of Coppell, Dallas, County, Texas,

according to the map or plat thereof recorded in Volume 79095, Page 746, Map Records,

Dallas County, Texas;

43. All that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at 471 Clear Creek Lane, Coppell, Texas

75019 owned by Dinesh Sah and Anju Babbar, more fully described as follows: Lot 12,

Block E, Willowood No. 2, an Addition to the City of Coppell, Dallas, County, Texas,

according to the map or plat thereof recorded in Volume 79095, Page 746, Map Records,

Dallas County, Texas;

44. All that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at 331 Still Forest Drive, Coppell, Texas

75019 owned by Dinesh Sah and Anju Babbar, more fully described as follows: Lot 14,

Block 5 of Park Meadow, Section Two, an Addition to the City of Coppell, Dallas

County, Texas, according to the plat thereof recorded in volume 86108, page 6974, Map

Records, Dallas County, Texas;

27
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 28 of 32 PageID 56

45. All that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at 208 Bricknell Lane, Coppell, Texas

75019 owned by Dinesh Sah and Anju Babbar, more fully described as follows: Lot 9,

Block A of Village at Cottonwood Creek Section V, an Addition to the City of Coppell,

Dallas County, Texas, according to the plat thereof recorded in volume 97061 , page

3057, Map Records, Dallas County, Texas;

46. All that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at 318 Buttonwood Court, Coppell, Texas

75019 owned by Dinesh Sah and Anju Babbar, more fully described as follows: Lot 19,

in Block B of Villages at Cottonwood Creek, Section IV, an Addition to the City of

Coppell, Dallas County, Texas, according to the plat thereof recorded in volume 93039,

page 1542, Map Records, Dallas County, Texas;

4 7. A ll that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at 631 Beal Lane, Coppell, Texas 75019

owned by Dinesh Sah and Anju Babbar, more fully described as follows: Lot No. 3,

Block D of Oakbend Addition, an Addition to the City of Coppell, Dallas County, Texas,

according to the plat thereof recorded in volume 91059, page 1427, Map Records, Dallas

County, Texas;

48. All that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at. 22852 Runnymede Street, West Hi lls,

California 91307 owned by Anju Babbar, more fully described as follows: Lot 8 of Tract

No. 22800, in the City of Los Angeles, County of Los Angeles, State of California, as per

28
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 29 of 32 PageID 57

Map recorded in Book 634, Pages 77 and 78 of Maps, in the Office of the County

Recorder of said County, except therein, an undivided one-half interest in and to all oil

and mineral rights, but without the right of entry to the surface or to the subsurface to a

depth of 500 feet of said land, as granted to Bernard Spiegel, a married man, by deed

recorded October 30, 1958 as Instrument No. 2941 , in Book D 261 , Page 430 of Official

Records; also except therefrom an undivided one-half interest in and to all oil and mineral

rights, but without the right to entry to the surface or to the subsurface to a depth of 500

feet of said land, as granted to Home Builders Mortgage Co., a corporation, by deed

recorded October 30, 1958 as Instrument No. 2939 in Book 261 , Page 428, Official

Records; also except therefrom all rights to oil and minerals in and under said land, but

without right of entry to the surface or the subsurface to a depth of 500 feet of said land,

as set forth in the Declaration of Restrictions recorded January 21, 1959 as Instrument

No. 2456 in Book M202, Page 240, Official Records, and as excepted in the deed

recorded January 13, 1960; and

49. All that lot or parcel of land, together with buildings, improvements,

fixtures, attachments, and easements located at 22 107 Cajun Court, Canoga Hills,

California 91303 owned by Anju Babbar, more fully described as follows: A

condominium comprised of Parcel 1: Unit No. 3, as shown and described on the

Condominium Plan for Tract No. 60460, recorded April 17, 2006 as Instrument No. 06-

832932 of Official Records of Los Angeles County; and Parcel 2: An undivided I/18th

interest, as tenant in common, in Lot 1 of Tract No. 60460, in the City of Los Angeles,

County of Los Angeles, State of California, as per Map recorded in Book 1312, Pages 29

29
, . Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 30 of 32 PageID 58

and 30 of Maps, in the Office of the County Recorder of said Count; except therefrom

Units 1 to 18 inclusive as shown on the Condomini um Plan referred to in Parcel 1.

30
) . Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 31 of 32 PageID 59

A TRUE BILL

ERIN NEALY COX
UNITED STATES ATTORNEY

DANIEL S. KAHN,
ACTING CHIEF
FRAUD SECTION, CRIMINAL DIVISION
U.S. DEPARTMENT OF msTICE

ANNA G. KAMINSKA
Assistant Deputy Chief
Fraud Section, Criminal Division
New York Bar No. 4202958
U.S. Department of Justice
1400 New York Avenue, N.W.
Washington, D.C. 20530
(202) 355-5715
Anna.Kaminska@usdoj.gov

KATHERINE MILLER
Assistant United States Attorney
Texas Bar No. 00789107
ERICA R. HILLIARD
Assistant United States Attorney
Mississippi Bar No. 104244
1100 Commerce Street, Suite 300
Dallas, Texas 75242
(214) 659-8647
Katherine.Miller@usdoj.gov
Erica.Hilliard@ usdoj .gov

31
Case 3:20-cr-00484-S Document 14 Filed 10/06/20 Page 32 of 32 PagelD 60

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

THE UNITED STA TES OF AMERICA

DINESI-ISAH

INDICTMENT

18 U.S.C. § 1343 and 2
Wire Fraud
(Counts 1-3)

18 U .S.C. §§ 1344 (2) and 2
Bank Fraud
(Counts 4-6)

18 U .S.C. §§ 1957 (2) and 2
Engaging in Monetary Transactions in Property
Derived from Specified Unlawful Activity
(Count 7)

7 Counts

A true bill rendered

DALLAS

Filed in open court this 4- day of October, 2020.
Warrant to be Issued

Magistrate Court umber: 3 :20-mj-960-BK

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