Indictment — United States v. Ejembi Onah, Northern District of New York (Document 35)

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Indictment filed March 18, 2022 as Document 35 in United States of America v. Ejembi Onah, Case 3:22-cr-00082-DNH, Northern District of New York. Counts 1-2 charge wire fraud under 18 U.S.C. § 1343, alleging that between in or about June 2020 and in or about March 2021 the defendant devised a scheme to defraud financial institutions and the U.S. Small Business Administration by knowingly submitting false applications for Paycheck Protection Program loans, and listing wire transfers of $72,000.00 and $72,083.32. Counts 3-5 charge engaging in monetary transactions in property derived from specified unlawful activity under 18 U.S.C. § 1957, listing a check of $10,926, a wire transfer of $11,000 and a wire transfer of $70,000. The indictment includes forfeiture allegations and is four pages.

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Case 3:22-cr-00082-DNH Document 35 Filed 03/18/22 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA ) Criminal No. 3:22-CR- 060382 CTIM)
)
Vv. ) Indictment
)
EJEMBI ONAH, ) Violations: 18 U.S.C. § 1343
) [Wire Fraud]
) 18 U.S.C. § 1957
) [Monetary Transactions]
)
) 5 Counts
)
Defendant. ) County of Offense: Tompkins
THE GRAND JURY CHARGES:
COUNTS 1-2
[Wire Fraud]
1. Between in or about June 2020 and in or about March 2021, in Tompkins County

in the Northern District of New York, and elsewhere, the defendant, EJEMBI ONAH, devised
and intended to devise a scheme and artifice to defraud financial institutions and the U.S. Small
Business Administration, and to obtain money by means of materially false and fraudulent
pretenses, representations, and material omissions, by knowingly submitting false applications for
Paycheck Protection Program (“PPP”) loans.

2. For the purpose of executing such scheme and artifice, EJEMBI ONAH, on or
about the dates listed below, knowingly caused to be transmitted by means of wire communication
in interstate and foreign commerce the following signs, signals, and sounds, that is, wire transfers

of funds, each transmission constituting a separate count:
Case 3:22-cr-00082-DNH Document 35 Filed 03/18/22 Page 2 of 4

Count | Date Amount of Wire Originating Bank and | Terminating Bank
Transfer Location and Location
1 7/1/20 | $72,000.00 First Home Bank HSBC (New York)
(Florida)
2 7/20/20 | $72,083.32 Fundbox (California) HSBC (New York)

All in violation of 18 U.S.C. § 1343.
COUNTS 3-5
[Engaging in Monetary Transactions in Property
Derived From Specified Unlawful Activity]
3. On or about the dates set forth below, in Tompkins County in the Northern District
of New York, and elsewhere, the defendant, EJEMBI ONAH, did knowingly engage in monetary
transactions, in and affecting interstate commerce, in criminally derived property of a value greater

than $10,000, as described below, which property was derived from specified unlawful activity,

specifically, wire fraud, in violation of 18 U.S.C. § 1343:

Count Date Monetary Transaction
3 7/1/20 Check #102 in the amount of $10,926 from an HSBC account held
by Advance Nanofocus, Inc. ending in 2273 to a property
management company

4 7/21/20 Wire transfer in the amount of $11,000 from an HSBC account held
by Advance Nanofocus, Inc. to Company-1
5 7/21/20 Wire transfer in the amount of $70,000 from an HSBC account held

by Advance Nanonfocus, Inc. to Company-2

All in violation of 18 U.S.C. § 1957.
FORFEITURE ALLEGATIONS
First Forfeiture Allegation
As a result of committing the offenses alleged in Counts 1-2, which are re-alleged an
incorporated by reference as if fully set forth here, defendant EJEMBI ONAH shall forfeit to the
United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461, all right, title and

interest in any property, real or personal, relative to the offenses of conviction, which constitutes
Case 3:22-cr-00082-DNH Document 35 Filed 03/18/22 Page 3 of 4

or is derived from proceeds directly or indirectly traceable to a violation of 18 U.S.C. § 1343 (wire
fraud).

The intent of the United States of America to forfeit such property includes but is not
limited to: a money judgment in the amount of $72,000 (Count 1) and $72,083.32 (Count 2).

Second Forfeiture Allegation

As a result of committing the offenses alleged in Counts 3-5, which are re-alleged and
incorporated by reference as if fully set forth here, defendant EJEMBI ONAH shall forfeit to the
United States, pursuant to 18 U.S.C. § 982(a)(1), all right, title and interest in any property, real or
personal, involved in the knowing commission of the offenses of conviction, which constitutes or
is derived from proceeds directly or indirectly traceable to a violation of 18 U.S.C. § 1957
(transactions in criminally derived property).

The intent of the United States of America to forfeit such property includes, but is not
limited to: a money judgment in the amount: $10,926 (Count 3); $11,000 (Count 4); and $70,000
(Count 5).

Substitute Assets

If any of the property described above, 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 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, the United States of America shall be entitled to forfeiture of
substitute property pursuant to Title 21, United States Code, Section 853(p) and Title 28, United

States Code, Section 2461(c).
Case 3:22-cr-00082-DNH Document 35 Filed 03/18/22 Page 4 of 4

Dated: March 18, 2022

A TRUE BILL,

d Jury Foreperson

CARLA B. FREEDMAN
United States Attorney

4a

By: 4 ALee AY 2
Assistant United States Attomheys
Bar Roll Nos. 517198 / 700730


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