Indictment — United States v. Manfred A. Pentzke Lemus et al., District of Puerto Rico (Document 3)

Summary

An Indictment in United States of America v. Manfred A. Pentzke Lemus and other named defendants, Case 3:23-cr-00130-ADC, Document 3, in the U.S. District Court for the District of Puerto Rico, filed March 30, 2023. The caption lists violations of 18 U.S.C. § 2, 1343, 1349, 1956 and forfeiture under 18 U.S.C. § 981 and 982, and describes the indictment as TWENTY-ONE Counts. The grand jury alleges in the general allegations that Pentzke Lemus was the principal organizer of a fraudulent scheme to obtain EIDL and PPP loans and launder the proceeds, and that another defendant worked at Bank 1 and used that position to obtain approval of fraudulent PPP applications. Count One charges conspiracy to commit wire fraud under 18 U.S.C. § 1349, from on or about April 2020, against the SBA and Bank 1.

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Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 1 of 34

RECEIVED AND FILED
IN THE UNITED STATES DISTRICT COURT FOR THE, cps gFFIce uSnC PR

DISTRICT OF PUERTO RICO 21023 MOR 30. pHa25
UNITED STATES OF AMERICA, SEALED INDICTMENT
Plaintiff, Criminal No. 23- | 40 (Ao c)

Violations: 18 U.S.C. § 2, 1343,
V. 1349, 1956

[1] Manfred A. Pentzke Lemus, aka “Man”,
“Contable”, “El Gestor’,

(Counts 1-10, 14-19, 21) Forfeiture: 18 U.S.C. § 981 and
[2] Rodolpho R. Pagesy Roussel, aka “El 982; 21 U.S.C. §'$53; 28. U.S.C.
Banquero”, § 2461

(Counts 1-7, 11-15,18-19, 21)

[3] Augusto A. Lemus Berrios, aka “Primo”,
(Counts 1, 14-15, 21)

[4] Jonatan Ben David Prieto Ruiz De Val,
aka “Johnny Millones”, (TWENTY-ONE Counts)
(Counts 1, 14-16, 21)

[5] Ligia Maria Lemus De Pentzke, aka
“Ligia Lemus Lanuza”,

(Counts 1, 17, 21)

[6] Carlos Manfredo Pentzke Chamorro, aka
“El Doctor”,

(Counts 18-21),

Defendants.

THE GRAND JURY CHARGES:

GENERAL ALLEGATIONS

At all times relevant to this Indictment:
The United States Small Business Administration and the CARES Act
IL, The United States Small Business Administration (“SBA”) was an

agency within the executive branch of the United States government. The mission of
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 2 of 34

the SBA was to maintain and strengthen the nation’s economy by enabling the
establishment and viability of small businesses and assist in the economic recovery of
communities after disasters. As part of this effort, the SBA enabled and provided for
loans through banks and other lenders. These loans had government backed
guarantees.

2. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act
was a federal law enacted in or around March 2020 and was designed to provide
emergency financial assistance to Americans suffering the economic effects caused by
the COVID-19 pandemic. One source of relief under the CARES Act was
authorization for the SBA to issue loans to small businesses and non-profit entities
experiencing revenue loss due to the pandemic.

The Economic Injury Disaster Loan Program

3. One form of such assistance was the Economic Injury Disaster Loan
(“EIDL”) program, which provided loan assistance for certain businesses negatively
affected by the COVID-19 pandemic. To qualify for an EIDL loan, a business had to,
among other requirements, be in operation prior to February 1, 2020.

4, Applicants for EIDL loans used the SBA online portal to submit their
application materials. The SBA servers that processed the EIDL loan applications
were based outside of Puerto Rico.

5. Applicants had to certify that the information in the application was true
and correct, under penalty of perjury and applicable criminal statutes. The application

process involved filling out data fields relating to the size and ownership of the affected

2
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business entity, and other information about the relevant business for the 12 months
prior to COVID-19 impacting the national economy, such as the number of employees
in the business, the gross business revenues realized, and the cost of goods sold. This
information, submitted by the applicant, was then used by SBA systems to calculate
the amount of money the applicant was eligible to receive.

6. Non-profit applicants and non-agricultural for-profit applicants were
both generally eligible to receive an EIDL loan of up to $150,000, with a 30-year
scheduled repayment, deferred for 12 months. Some applicants were also eligible for
advance funds of up to $15,000.

7. Any funds paid by the SBA under an EIDL loan were processed and
issued from various locations in the Continental United States, including Iowa,
Colorado, and Virginia, and sent to the applicant borrower’s financial institution.

8. Pursuant to the provisions governing the EIDL program, loan proceeds
could only be used by the affected business receiving EIDL loans for certain
permissible expenses. The loans could be used by the business to pay fixed debts,
payroll, accounts payable, and other bills that could have been paid had the COVID-
19 disaster not occurred.

The Paycheck Protection Program

9, Another form of assistance provided by the CARES Act was the
authorization of United States taxpayer funds in forgivable loans to small businesses
for job retention and certain other expenses, through a program referred to as the

Paycheck Protection Program (“PPP”).
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 4 of 34

10. 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 small business, through its authorized representative, to
acknowledge the program rules and make certain affirmative certifications to be
eligible to obtain the PPP loan. In the PPP loan application, the small business,
through its authorized representative, was required to provide, among other things, its
average monthly payroll expenses and number of employees. These figures were used
to calculate the amount of money the small business was eligible to receive under PPP.
In addition, businesses applying for a PPP loan were required to provide
documentation showing their payroll expenses.

11. PPP loan applications were processed by participating financial
institutions. If a PPP loan application was approved, the participating lender funded
the PPP loan using its own monies, which were 100% guaranteed by the SBA. Data
from the 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 could only be used by the business on certain
permissible expenses, such as 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 the allowable expenses within a designated
period of time and used a certain percentage of the PPP loan proceeds towards payroll

expenses.
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23. Page 5 of 34

The Defendants

13. Defendant [1] Manfred A. Pentzke Lemus, aka “Man”, “Contable”, and
“El Gestor”, was the principal organizer of a fraudulent scheme to obtain Economic
Injury Disaster Loan (“EIDL”) and Paycheck Protection Program (“PPP”) loans, and
launder the proceeds of the scheme.

14. Defendant [2] Rodolpho R. Pagesy Roussel, aka “EI Banquero”, worked
at Bank 1, and used his position at Bank 1 to obtain the approval of fraudulent PPP
applications through the bank’s PPP application process.

15. Defendant [3] Augusto A. Lemus Berrios, aka “Primo” assisted in the
preparation of fraudulent PPP applications by, amongst other things, preparing
fraudulent supporting documentation for the loan applications.

16. Defendant [4] Jonatan Ben David Prieto Ruiz De Val, aka “Johnny
Millones”, acted as a money courier who would personally coordinate and conduct
the delivery of “kickback” payments related to the fraudulent scheme to obtain PPP
and EIDL loans.

17. Defendant [5] Ligia Maria Lemus De Pentzke, aka “Ligia Lemus
Lanuza”, received “kickback” payments related to the fraudulent scheme to obtain
PPP and EIDL loans and forwarded them to her co-conspirators.

18. Defendant [6] Carlos Manfredo Pentzke Chamorro, aka “El Doctor”,

received fraudulent PPP and EIDL loans.
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 6 of 34

Relevant Financial Institution
19. Bank 1 was a financial institution based in San Juan, Puerto Rico, and
an approved SBA lender of PPP loans.

COUNT ONE
(Conspiracy to Commit Wire Fraud, 18 U.S.C. § 1349)

The Grand Jury charges:
20. The factual allegations of paragraphs 1 through 19 of this Indictment are
re-alleged and incorporated by reference as if fully set forth herein.
The Conspiracy
21. From on or about April 2020, through the return of the instant
Indictment, in the District of Puerto Rico, and elsewhere, defendants:
[1] Manfred A. Pentzke Lemus, aka “Man”, “Contable”, “El Gestor”,
[2] Rodolpho R. Pagesy Roussel, aka “El Banquero,”
[3] Augusto A. Lemus Berrios, aka “Primo”,
[4] Jonatan Ben David Prieto Ruiz De Val, aka “Johnny Millones”,
[5] Ligia Maria Lemus De Pentzke, aka “Ligia Lemus Lanuza”,
and others known and unknown to the Grand Jury, did knowingly and intentionally
combine, conspire, confederate and agree to devise a scheme and artifice to defraud
and to obtain money and property from the United States Smail Business
Administration and Bank 1, by means of false and fraudulent pretenses,
representations and promises; and for the purpose of executing the scheme and artifice,
transmitted and caused to be transmitted by means of wire communications in

interstate commerce, writings, signs, signals, pictures, and sounds, in violation of Title

18, United States Code, Section 1343.
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 7 of 34

Objects of the Conspiracy

22. The objects of the conspiracy were for the co-conspirators to unjustly
enrich themselves by obtaining EIDL and PPP loan proceeds under material false
pretenses and to prevent detection of the conspiracy.

Manner and Means of the Conspiracy

23. The manner and means by which the defendants and their co-
conspirators would accomplish and further the objects of the conspiracy, among
others, included the following:

24. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators would submit and cause to be submitted fraudulent EIDL
and PPP loan applications that contained materially false and fraudulent information
and supporting documentation, including false and fictitious tax documents, payroll
records, bank records, and identification documents.

25. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators would recruit others known and unknown to the Grand Jury,
to obtain EIDL and PPP loans utilizing false representations and under false pretenses.

26. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators would obtain the personal identifying information of others
known and unknown to the Grand Jury, in order to use that information to apply for
EIDL and PPP loans.

27. It was part of the manner and means of the conspiracy that defendants

and their co-conspirators would make, and cause to be made, false statements to the

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SBA and Bank 1 in connection with the fraudulent applications for PPP and EIDL
loans, including false representations regarding the companies’ 2019 income, the
number of employees to whom the companies had paid wages, and false certifications
that the loans would be used for permissible business purposes.

28. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators would open and utilize email and bank accounts for the
purpose of furthering the conspiracy to fraudulently obtain EIDL and PPP loans.

29. It was part of the manner and means of the conspiracy that Defendant
[2] Rodolpho R. Pagesy Roussel, aka “El Banquero,” an employee of Bank 1
responsible for processing PPP loan applications, processed and submitted fraudulent
PPP applications to the SBA through Bank 1’s systems. Defendant [2] Rodolpho R.
Pagesy Roussel, aka “El Banquero,” also facilitated the opening of bank accounts at
Bank 1 which would be used to receive the proceeds of the fraudulent PPP
applications.

30. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators would utilize the fraudulently obtained EIDL and PPP loan
proceeds to engage in financial transactions designed to create the appearance of being
bona fide business expenditures, including payroll expenses, in order to disguise the
true nature of the financial transactions.

31. It was part of the manner and means of the conspiracy that defendants

and their co-conspirators would direct the recipients of the fraudulently obtained PPP
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 9 of 34

and EIDL loans to remit a certain amount of the proceeds of the loans to the
defendants and their co-conspirators.

32. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators would coordinate the collection of the remittances in the
form of cash and checks and the delivery of those remittances to the defendants and
their co-conspirators.

33. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators utilized fraudulently obtained EIDL and PPP loan proceeds
to benefit themselves and others, including for expenses prohibited under the
requirements of the EIDL and PPP programs.

34, It was part of the manner and means of the conspiracy that between on
or about April 2020, through the return of the instant Indictment the defendants and
their co-conspirators submitted and caused the submission of at least 272 EIDL and
PPP loan applications seeking a total of at least $9,020,590.33 in EIDL and PPP
proceeds from the SBA and Bank 1.

Overt Acts in Furtherance of the Conspiracy

35. In furtherance of the conspiracy and to achieve its objectives, one or more
members of the conspiracy committed, and willfully caused others to commit the
following acts, among others, in the District of Puerto Rico, and elsewhere:

36. The following co-conspirators electronically submitted, and caused to be

submitted EIDL loan applications, using the SBA online portal, as set forth below:
Case 3:23-cr-00130-ADC Document 3

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Applicant Name/Initials |

Tl] Manfred A. Pentzke Lemus | March 30,2020 | $150,000 (Loan) _
[1] Manfred A. Pentzke Lemus March 30, 2020 $5,000 (Advance)
$120,000 (Loan)
[1] Manfred A. Pentzke Lemus March 30, 2020 $4,000 (Advance)
J.M. April 2, 2020 $10,000 (Advance)
$500,000 (Loan)
J.M. April 2, 2020 $15,000 (Advance)
J.M. April 2, 2020 $2,000 (Advance)
O.S. April 4, 2020 $7,000 (Advance)
$20,500 (Loan)
MLR. April 6, 2020 $15,000 (Advance)
$34,000 (Loan)
AB. April 7, 2020 $8,000 (Loan)
G.C. May 11, 2020 $10,000 (Advance)
$5,000 (Loan)
[5] Ligia Maria Lemus De ~ June 16, 2020 $1,000 (Advance)
Pentzke $74,000 (Loan)
[6] Carlos M. Pentzke June 16, 2020 $1,000 (Advance)
Chamorro $104,000 (Loan)

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Applicant Name (Initials | Date of Wire a

| (Application Creation | _

Date)

[2] Rodolpho R. Pagesy Roussel

June 17,2020.

$10,000 (Advance)

$150,000 (Loan)

[2] Rodolpho R. Pagesy Roussel June 17, 2020 $1,000 (Advance)
$150,000 (Loan)

R.S.R. June 17, 2020 . $1,000 (Advance)
$61,500 (Loan)

R.S. June 17, 2020 $1,000 (Advance)

$3,500 (Loan)

F.R. June 19, 2020 $10,000 (Advance)
$150,000 (Loan)
JS. June 19, 2020 $40,000 (Loan)

J.M. June 20, 2020 $1,000 (Advance)
$10,000 (Loan)

H.S.O. June 23, 2020 $1,000 (Advance)
$106,000 (Loan)

S.M. June 26, 2020 $3,000 (Advance)
$50,400 (Loan)
K.B. June 27, 2020 $150,000 (Loan)

J.P. June 30, 2020 $150,000

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(Loan, Reversed to
SBA)
[2] Rodolpho R. Pagesy Roussel July 1, 2020 $89,500 (Loan)
AB. July 1, 2020 $150,000 (Loan)
V.B. July 2, 2020 $10,000 (Advance)
$144,500 (Loan)
G.V. July 6, 2020 $150,000 (Loan)
OS. Tuly 9, 2020 $150,000 (Loan)
B.B. July 9, 2020 $10,000 (Advance)
GR. July 12, 2020 $150,000 (Loan)
RG. July 12, 2020 $49,500 (Loan)
R.G. July 13, 2020 $51,900 (Loan)
B.V. November 29, 2021 $15,000 (Advance)
49EIDLLOANS |. 105,300

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37. The co-conspirators electronically submitted, and caused to be submitted

PPP loan applications, as set forth below:

Dateof Wire | Amount _
[1] Manfred A. Pentzke Lemus April 29, 2020 ~ $4,200.00
[6] Carlos M. Pentzke Chamorro April 30, 2020 $20,800.00
[5] Ligia Maria Lemus De Pentzke May 2, 2020 $2,700.00
J.F.C. June 8, 2020 $20,800.00
0.0.58.R. June 9, 2020 $20,800.00
J.C.C.M. June 10, 2020 $17,400.00
J.M.R.C. June 12, 2020 $20,800.00
N.T.C. June 23, 2020 $20,800.00
F.R.N. June 24, 2020 $20,800.00
A.C.H. June 26, 2020 $20,800.00
J.C.Z. June 26, 2020 $20,800.00
M.C. June 30, 2020 $20,800.00
E.L.G. June 30, 2020 $20,800.00
G.R.D. August 4, 2020 $20,800.00
R.G.R. August 4, 2020 $20,800.00
W.V.R. August 4, 2020 $20,500.00
H.S.O. August 4, 2020 $20,200.00
A.B.B. August 4, 2020 $19,800.00

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Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 14 of 34

| Date of Wire Amount

[4] Jonatan B. Prieto Ruiz De Val August 4, 2020 $20,800.00

B.B. August 4, 2020 $20,800.00

R.S.R. August 6, 2020 $20,700.00

C.N.C. August 6, 2020 $20,400.00

C.A. August 6, 2020 $19,700.00

Y.M.V. August 6, 2020 $20,800.00

J.R.M. August 6, 2020 $17,600.00

J.C.D. August 6, 2020 $17,200.00

V.GB. August 6, 2020 $20,200.00

A.M. August 6, 2020 $19,700.00

P.A.N. August 6, 2020 $19,600.00

K.B.M. August 6, 2020 $20,833.00

H.H.T. August 6, 2020 $20, 600.00

C.CS. August 6, 2020 $20,800.00

JS. August 6, 2020 $16,500.00

V.B.M. August 6, 2020 $20,300.00

Y.P.M. August 6, 2020 $20,800.00

J.E.P. January 20, 2021 $20,800.00

P.A.N. January 21,2021 $19,600.00

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| Transmission Date) _
OSR. January 25, 2021 : $29,100.00 —

W.V.R. January 25, 2021 $20,500.00

H.H.T. January 25, 2021 $20,600.00

B.B. January 25,2021 $20,800.00

J.R.C. January 25,2021 $20,800.00

A.B.B. January 28,2021 $27,700.00

N.T.C. January 31,2021 $20,800.00

A.C.H. January 31,2021 $29,120.00

E.L.G. January 31,2021 $20,800.00

F.R.N. January 31,2021 $20,800.00

Y.P.M. January 31,2021 $20,800.00

A.M.B. February 4, 2021 $18,735.00

C.N.C. February 6, 2021 $20,400.00

[1] Manfred A. Pentzke Lemus February 6, 2021 $4,200.00

A.M. February 6, 2021 $19,763.00

[1] Manfred A. Pentzke Lemus January 19,2021 $149,400.00

O.S.R. January 19,2021 $141,100.00

J.C.Z. February 6, 2021 $20,800.00

E.M.C. February 8, 2021 $19,00.00
V.G.B. February 8, 2021 $20,200.00

15
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Transmission Date) ge
February 9, 2021 — $20,758.00 _

February 9, 2021 $20,833.00
J.0.C February 9, 2021 $20,752.00
L.P. February 9, 2021 $20,343.00
M.M.C. February 10, 2021 $20,833.00
E.D.D. February 10, 2021 $20,724.00
J.C, February 10, 2021 $17,400.00
[1] Manfred A. Pentzke Lemus January 19, 2021 $145,200.00
H.H.T. January 25, 2021 $143,229.00
E.LI. February 17, 2021 $20,827.00
R.S.R. February 17, 2021 $20,700.00
H.M.O. February 17, 2021 $20,684.00
J.S.S. February 16, 2021 $23,100.00
N.N.S. February 18, 2021 $20,470.00
CCS. February 18, 2021 $20,800.00
J.C.D. February 18, 2021 $17,200.00
R.G.C. February 18, 2021 $20,342.00
J.R.M. February 18, 2021 $17,600.00
LD. February 18, 2021 $20,833.00
G.R.R. February 20, 2021 $20,753.00

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- | Transmission Date) |.
i Manfred A. Pentzke Lemus February 19, 2021 $148,125.00

R.M. February 22, 2021 $20,562.00
C.P.G. February 22, 2021 $20,833.00
G.V.H. February 23, 2021 $20,833.00
C.P. February 23, 2021 $20,448.00
M.R.R. February 24, 2021 $20,075.00
JS. February 24, 2021 $20,833.00
A.D.R. February 24, 2021 $19,666.00
E.J.O. February 24, 2021 $19,719.00
J.L.S. February 24, 2021 $20,826.00
E.P. February 24, 2021 $20,833.33
J.C. February 24, 2021 $20,800.00
S.V.E. February 24, 2021 $20,632.00
Y.D.P. February 24, 2021 $20,829.00
R.G.R. February 6, 2021 $29,120.00
G.C.R. February 27,2021 $20,036.00
R.G. February 27,2021 $20,515.00
JM. February 27,2021 $20,604.00
D.R. February 27,2021 $20,311.00
J.D. February 27,2021 $20,486.00

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RGC. a February 27,2021 $20,648.00
[4] Jonatan Ben David Prieto Ruiz De | February 16, 2021 $20,800.00
Val

C.S.V. March 3, 2021 $20,783.00

S.R. March 3, 2021 $20,508.00

LR. March 2, 2021 $20,412.00

C.M., March 3, 2021 $20,445.00

[6] Carlos Manfredo Pentzke February 9, 2021 $20,800.00
Chamorro

[5] Ligia Maria Lemus De Pentzke February 9, 2021 $2,700.00

R.S.M. March 10, 2021 $20,779.00

E.L.R. March 12, 2021 $20,669.00

W.C. March 18, 2021 $20,728.00

HLS. March 18, 2021 $20,460.00

G.R.D. February 18, 2021 $20,800.00

K.D.L.D. March 18, 2021 $20,776.00

W.YV. March 19, 2021 $20,460.00

C.G.M. March 19, 2021 $20,605.00

E.M.R. March 19, 2021 $20,568.00

H.S.O. January 27, 2021 $20,200.00

K.V.T. March 19, 2021 $20,555.00

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March 19,2021 | $20,298.00

R.R.M. March 19, 2021 $20,265.00
M.C. February 26, 2021 $29,120.00
C.N.F. March 27, 2021 $20,655.00
LN. March 30, 2021 $20,333.00
R.S.G. March 30, 2021 $20,377.00
W.R.F. March 30, 2021 $20,399.00
RS. March 30, 2021 $20,572.00
YM. March 29, 2021 $29,120.00
O.N.A. March 30, 2021 $20,309.00
K.B. March 29, 2021 $29,120.00
J.H. March 30, 2021 $20,615.00
J.R. March 30, 2021 $20,451.00
P.LS. March 30, 2021 $20,540.00
V.B.M. March 29, 2021 $28,420.00
M.O.G. March 30, 2021 $20,356.00
K.A.C, April 4, 2021 $20,399.00
HS. April 6, 2021 $19,550.00
L.C.R. April 6, 2021 $18,604.00
B.O.G. April 6, 2021 $18,883.00

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| Date of Wire
_ Applicant Name/Initials = (Ele ctroni ce |
| Transmission Date) oo

J.S.L. April 7, 2021 $18,939.00
S.L.P. April 8, 2021 $18,833.00
V.V.M. April 13, 2021 $19,121.00
K.A.O. April 13, 2021 $19,270.00
A.F.M. April 14, 2021 $20,229.00
L.C.P. April 14, 2021 $20,000.00
L.G.B. April 14, 2021 $19,333.00
D.T.P. April 15, 2021 $19,229.00
R.P.B. April 15, 2021 $19,229.00
V.R.D.J. Abril 19, 2021 $20,654.00
R.CS. April 20, 2021 $19,416.00
R.L.A. April 26, 2021 $18,664.00
F.C.S. April 26, 2021 $18,812.00
J.M. April 26, 2021 $19,052.00
W.R.S. April 27, 2021 $19,121.00
C.A, April 27, 2021 $27,580.00
G.R.A. April 26, 2021 $19,645.00
G.H.C. April 27, 2021 $19,774.00
L.R.S. April 27, 2021 $18,750.00

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— [1] Manfred A. Pentzke Lemus April 27, 2021 — $149,412.00 _
M.A.G. April 26, 2021 $20,371.00
O.R.N. April 26, 2021 $19,791.00
T.M.M. April 26, 2021 $20,162.00
L.L. April 26, 2021 $20,579.00
O.S.R. April 27, 2021 $141,124.00
J.V.DI. April 29, 2021 $19,791.00
R.B.D.T. April 29, 2021 $29,166.00
N.N.S. April 29, 2021 $20,470.00
M.M.C. April 29, 2021 $29,166.00
T.CSS. April 29, 2021 $19,375.00
H.M.O. April 29, 2021 $20,684.00
A.P. April 28, 2021 $19,283.00
E.LL, April 30, 2021 $29,158.00
A.M.B. April 30, 2021 $18,735.00
N.S. April 30, 2021 $20,000.00
A.D. May 2, 2021 $19,666.00
J.L.S. May 2, 2021 $20,826.00
J.P.R. May 2, 2021 $29,062.00
L.P. May 2, 2021 $28,480.00

21
Case 3:23-cr-00130-ADC Document 3

Filed 03/30/23

Page 22 of 34

[1] Manfred A. Pentzke Lemus May 2, 2021 7 $145,208.00 —

Y.R.H. May 4, 2021 $20,312.00
L.R.D.J. May 6, 2021 $18,773.00
Y.M.S. May 4, 2021 $20,625.00
H.H.T. May 2, 2021 143,229.00
C.P.G. May 3, 2021 $20,833.00
T.L. May 9, 2021 $20,149.00
J.M. May 9, 2021 $20,846.00
N.R. May 5,2021 $20,833.00
N.B. May 9,2021 $20,504.00
A.G.C. May 6, 2021 $20,604.00
M.P.M. May 5, 2021 $19,541.00
M.V.R. May 5, 2021 $19,979.00
D.R. May 5, 2021 $19,895.00
ALR. May 4, 2021 $20,625.00
N.A.Q. May 5, 2021 $20,663.00
R.M.G. May 6, 2021 $20,314.00
K.S.B. May 4, 2021 $20,312.00
S.R. May 9, 2021 $20,508.00
E.R.T. May 5, 2021 $20,833.00

22
Case 3:23-cr-00130-ADC Document 3

Filed 03/30/23

Page 23 of 34

_ Applicant Nam /Initi . Disbursed
Transmission Date) oo
loc May 6, 2021 $20,752.00
F.L.V. May 5, 2021 $20,833.00
M.P.P. May 9, 2021 $20,500.00
M.N.A. May 5, 2021 $20,208.00
R.F, May 4, 2021 $20,020.00
J.M.S. May 4, 2021 $20,312.00
J.R.M. May 4, 2021 $18,814.00
J.G.L. May 4, 2021 $20,416.00
LA.P. May 4, 2021 $20,395.00
G.V.H. May 3, 2021 $29,166.00
S.M.A. May 4, 2021 $20,104.00
C.R.R. May 4, 2021 $20,416.00
HLS. May 4, 2021 $20,208.00
G.R. May 4, 2021 $29,055.00
R.T.D.L. May 4, 2021 $19,166.00
L.B.D. May 4, 2021 $20,416.00
R.G. May 10, 2021 $20,515.00
E.D.D. May 5, 2021 $20,724.00
IG. May 6, 2021 $20,479.00
S.V.E. May 3, 2021 $20,632.00

23
Case 3:23-cr-00130-ADC Document 3

Filed 03/30/23

Page 24 of 34

Transmission Date) |

May 12, 2021

$20,322.00

O.L.C.

May 12, 2021

$20,476.00

E.P.

May 12, 2021

$20,801.00

J.V.

May 12, 2021

$20,625.00

HLS.

May 4, 2021

$148,958.00

[1] Manfred A. Pentzke Lemus

May 13, 2021

$148,125.00

_ 223 PPP LOANS

38. Allin violation of Title 18, United States Code, § 1349.

[Intentionally Blank]

24
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 25 of 34

COUNTS TWO through TWENTY
(Wire Fraud, 18 U.S.C. § 1343)

The Grand Jury Further charges:
39. The factual allegations of paragraphs 1 through 19 of this Indictment are
re-alleged and incorporated by reference as if fully set forth herein.
The Fraudulent Scheme
40. From on or about April 2020, through the return of the instant
Indictment, in the District of Puerto Rico, and elsewhere, Defendants
[1] Manfred A. Pentzke Lemus, aka “Man”, “Contable”, “El Gestor”,
[2] Rodolpho R. Pagesy Roussel, aka “El Banquero,”
[3] Augusto A. Lemus Berrios, aka “Primo”,
[4] Jonatan Ben David Prieto Ruiz De Val, aka “Johnny Millones”,
[5] Ligia Maria Lemus De Pentzke, aka “Ligia Lemus Lanuza”,
[6] Carlos Manfredo Pentzke Chamorro, aka “El Doctor”,
and others known and unknown to the Grand Jury, aiding and abetting one another,
knowingly devised, and intended to devise, a scheme and artifice to defraud the United
States Small Business Administration and Bank 1, and to obtain money and property
by means of materially false and fraudulent pretenses, representations, and promises,
by submitting and causing to be submitted false and fraudulent applications for EIDL
and PPP funds.
Manner and Means of the Scheme to Defraud
41. To accomplish these objectives, the Defendants employed the manner

and means described in paragraphs 23 through 31 of this Indictment, which are re-

alleged and incorporated by reference as if fully set forth herein.

25
Case 3:23-cr-00130-ADC Document 3

42.
abetting one another, for the purpose of executing the scheme and artifice to defraud
described above, and attempting to do so, transmitted, and caused to be transmitted,
writings, signs, signals, pictures and sounds by means of wire communications in

interstate commerce, as described below, each transmission constituting a separate

On or about the dates set forth below, the Defendants, aiding and

Filed 03/30/23

Execution of the Scheme to Defraud

count of this Indictment.

Page 26 of 34

Count | Date Description | Type Amount _| Defendant(s) __
2 | January Application PPP $149 400 [1] Manfred A.
19, 2021 ending in Pentzke Lemus
8401 [2] Rodolpho R.
Pagesy Roussel
3 April 27, | Application PPP $149,412 [1] Manfred A.
2021 ending in Pentzke Lemus
8910 [2] Rodolpho R.
Pagesy Roussel
4 January Application PPP $145,200 [1] Manfred A.
19, 2021 ending in Pentzke Lemus
8405 [2] Rodolpho R.
Pagesy Roussel
5 May 2, Application PPP $145,208 [1] Manfred A.
2021 ending in Pentzke Lemus
8910 [2] Rodolpho R.
Pagesy Roussel

26
Case 3:23-cr-00130-ADC Document 3

Filed 03/30/23

Page 27 of 34

Count | Date Description |Type | Amount Defendant(s) __
6 February | Application |PPP | $148,125 | {1] ManfredA.
19, 2021 ending in Pentzke Lemus
8509 [2] Rodolpho R.
Pagesy Roussel
7 May 13, Application | PPP $148,125 [1] Manfred A.
2021 ending in Pentzke Lemus
9002 [2] Rodolpho R.
Pagesy Roussel
8 March 30, | Loan number | EIDL $149,900 [1] Manfred A.
2020 ending in Pentzke Lemus
7400
9 March 30, | Loan number | EIDL $124,900 [1] Manfred A.
2020 ending in and Pentzke Lemus
7804 Advance
10 March 30, | Application | EIDL $4,000 [1] Manfred A.
2020 number Advance Pentzke Lemus
ending in
2685
11 June 17, Loan number | EIDL $150,900 [2] Rodolpho R.
2020 ending in and Pagesy Roussel
8006 advance
12 June 17, Loan number | EIDL $159,900 [2] Rodolpho R.
2020 ending in and Pagesy Roussel
7909 advance
13 July 1, Loan number | EIDL $89,400 {2] Rodolpho R.
2020 ending in Pagesy Roussel
8101

27
Case 3:23-cr-00130-ADC Document 3

Filed 03/30/23

Page 28 of 34

14 August 4, Loan number PPP $20,800 [1] Manfred A. ~
2020 ending in Pentzke Lemus
8208 [2] Rodolpho R.
Pagesy Roussel
[3] Augusto A.
Lemus Berrios
[4] Jonatan Ben
David Prieto
Ruiz De Val
15 February | Loannumber | PPP $20,800 {1] Manfred A.
16, 2021 ending in Pentzke Lemus
8503 [2] Rodolpho R.
Pagesy Roussel
[3] Augusto A.
Lemus Berrios
[4] Jonatan Ben
David Prieto
Ruiz De Val
16 June 18, Loan number | EIDL $81,400 [1] Manfred A.
2020 ending in and Pentzke Lemus
8003 advance [4] Jonatan Ben
David Prieto
Ruiz De Val
17 June 16, Loan number | EIDL $74,900 [1] Manfred A.
2020 ending in and Pentzke Lemus
7908 advance
PPP

28
Case 3:23-cr-00130-ADC Document 3

Filed 03/30/23

Page 29 of 34

Count

Date

Description —

Defendant(s) __

[5] Ligia Maria
Lemus De
Pentzke

18

April 30,
2020

Loan number
ending in
7304

PPP

$20,800.00

[1] Manfred A.
Pentzke Lemus
[2] Rodolpho R.
Pagesy Roussel
[6] Carlos
Manfredo
Pentzke

Chamorro

19

February
9, 2021

Loan number
ending in
8502

PPP

$20,800.00

[1] Manfred A.
Pentzke Lemus
[2] Rodolpho R.
Pagesy Roussel
[6] Carlos
Manfredo
Pentzke

Chamorro

20

June 16,
2020

Loan number
ending in
8005

EIDL
and
advance
PPP

$104,900

[6] Carlos
Manfredo
Pentzke

Chamorro

43.

All in violation of Title 18, United States Code, §§ 1343 & 2.

29
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 30 of 34

COUNT TWENTY-ONE
(Conspiracy to Commit Money Laundering, 18 U.S.C. § 1956(h))

44. The factual allegations of paragraphs | through 19 of this Indictment are
re-alleged and incorporated by reference as if fully set forth herein.

The Objects of the Conspiracy

45. Beginning no later than in or around April 2020 and continuing until the
return of the instant Indictment, in Puerto Rico, elsewhere, and within the jurisdiction
of this Court, the Defendants:

[1] Manfred A. Pentzke Lemus, aka “Man”, “Contable”, “El Gestor”,

[2] Rodolpho R. Pagesy Roussel, aka “El Banquero,”

[3] Augusto A. Lemus Berrios, aka “Primo”,

[4] Jonatan Ben David Prieto Ruiz De Val, aka “Johnny Millones”,

[5] Ligia Maria Lemus De Pentzke, aka “Ligia Lemus Lanuza”,

[6] Carlos Manfredo Pentzke Chamorro, aka “El Doctor”,
conspired with one another and with others known and unknown to the Grand Jury,
to commit offenses against the United States in violation of Title 18, United States
Code, § 1956, to wit:

a. to knowingly conduct and attempt to conduct financial
transactions involving the proceeds of specified unlawful activity, that is, wire fraud,
knowing the transactions were designed in whole and in part to conceal the nature,
location, source, ownership, and control of the proceeds of specified unlawful
activity, in violation of Title 18, United States Code, § 1956(a)(1)(B)@); and

b. to knowingly conduct and attempt to conduct financial

transactions involving the proceeds of specified unlawful activity, that is, wire fraud,

30
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 31 of 34

knowing the property involved in the financial transactions represented the proceeds
of some form of unlawful activity with the intent to promote the carrying on of
specified unlawful activity, that is, wire fraud, in violation of Title 18, United States

Cc. to knowingly engage and attempt to engage in monetary
transactions in criminally derived property of a value greater than $10,000, such
property having been derived from a specified unlawful activity, that is, wire fraud, in
violation of Title 18, United States Code, Section 1957.

Manner and Means of the Conspiracy

46. The manner and means by which the defendants and their co-
conspirators would accomplish and further the objects of the conspiracy, among
others, included the following:

47. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators submitted and caused the submission of fraudulent PPP and
EIDL loan applications, which caused the SBA and Bank 1, a federally-insured
financial institution, to wire loan proceeds to bank accounts in the names of
individuals and entities used to obtain such loans.

48. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators transferred, and caused the transfer of the loan proceeds,
including in financial transactions of greater than $10,000, to secondary accounts
under their control, in order to conceal the true nature, location, source, ownership,

and control of the funds.
31
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 32 of 34

49. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators transferred, and caused the transfer of the loan proceeds, in
the form of kickback payments paid in cash and other manners. The kickback
payments were disguised by the defendants and their co-conspirators, on many
occasions, to appear as payroll expenses for legitimate services.

50. It was part of the manner and means of the conspiracy that defendants
and their co-conspirators spent the PPP and EIDL fraud proceeds for their own
personal benefit and for the benefit of their co-conspirators, including for expenses
prohibited under the requirements of the PPP and EIDL loan programs.

51. All in violation of Title 18, United States Code, § 1956(h).

FORFEITURE ALLEGATION ONE
(18 U.S.C. § 981)

52. Pursuant to Rule 32.2(a) of the Federal Rules of Criminal Procedure,
notice is hereby given that the United States of America will seek forfeiture as part of
any sentence, pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title
28, United States Code, Section 2461(c), in the event of any defendant’s conviction of
the offense set forth in Counts One through Twenty of this Indictment.

53. The defendants so convicted shall forfeit to the United States of America
any property, real or personal, which constitutes or is derived from proceeds traceable
to the offense. The property to be forfeited includes, but is not limited to, a sum of
money in United States currency representing the amount of proceeds traceable to the

commission of said offense.

32
Case 3:23-cr-00130-ADC Document3 _ Filed 03/30/23 Page 33 of 34

54. Pursuant to Title 21, United States Code, Section 853(p), as incorporated
by Title 18, United States Code, Section 982(b) and Title 28, United States Code, Section
2461(c), any defendant so convicted shall forfeit substitute property, up to the total
value of the property described in the preceding paragraph if, as the result of any act
or omission of said defendant, the property described in the preceding paragraph, or
any portion thereof: (a) cannot be located upon the exercise of due diligence; (b) has
been transferred, 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 that cannot be divided without difficulty.

FORFEITURE ALLEGATION TWO
(18 U.S.C. § 982)

55. Pursuant to Rule 32.2(a) of the Federal Rules of Criminal Procedure,
notice is hereby given that the United States of America will seek forfeiture as part of
any sentence, pursuant to Title 18, United States Code, Section 982(a)(1), in the event of
any defendant’s conviction of the offenses set forth in any of Count Twenty-One of
this Indictment.

56. Any defendant so convicted shall forfeit to the United States of America
all property, real or personal, involved in such offenses, and all property traceable to
such property. The property to be forfeited includes, but is not limited to, a sum of
money in United States currency representing the amount of proceeds traceable to the

commission of said offense.

33
Case 3:23-cr-00130-ADC Document 3

Filed 03/30/23 Page 34 of 34

57. Pursuant to Title 21, United States Code, Section 853(p), as incorporated

by Title 18, United States Code, Section 982(b)(1), and Title 18, United States Code,

Section 982(b)(2), any defendant so convicted shall forfeit substitute property, up to

the total value of the property described in the preceding paragraph if, as the result of

any act or omission of said defendant, the property described in the preceding

paragraph, or any portion thereof: (a) cannot be located upon the exercise of due

diligence; (b) has been transferred, 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 that cannot be divided without

difficulty.

W. STEPHEN MULDROW
United cates Attorney

Assistant United States Attorney
District of Puerto Rico

34

TRUE BILL

Date: ee aw,

Timothy R. Henwood
Assistant United States Attorney
District of Puerto Rico


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