Superseding Indictment — United States v. Jean E. Rabbitt and Kevin Aguilar, District of New Jersey

Summary

A superseding indictment in United States v. Jean E. Rabbitt and Kevin Aguilar, Crim. No. 23-320, in the U.S. District Court for the District of New Jersey, filed September 19, 2024 as Document 92. Count 1 charges conspiracy to commit bank fraud, alleging PPP applications for companies including Showtime Trucking LLC and Showtime TTR XPO, Inc. that yielded loans totaling more than approximately $3,300,000, routed through what the indictment calls Sham Payroll Companies to Beneficiary Companies. Counts 2 through 8 charge bank fraud, and Count 9 charges conspiracy to commit wire fraud over EIDLs totaling approximately $447,000. The indictment alleges the funds paid for residential real estate in Texas for approximately $1.5 million, farming equipment and a truck. The 27-page indictment's forfeiture schedule lists properties in Sherman, Texas and a 2021 Ford F-150.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Superseding Indictment — United States v. Jean E. Rabbitt and Kevin Aguilar, District of New Jersey.” Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-3-23-cr-00320-dkt-92-d-n-j-7c7917a87b/, SHA-256 5fcda1b14613c10674c17d41c6afae01a03ab810e1e95c916de437cc4e04ae31.

Full text

Case 3:23-cr-00320-MAS Document 92 Filed 09/19/24 Page 1 of 27 PageID: 487

2021R00897/DVS
FILED
UNITED STATES DISTRICT COURT SEP 1 8 lU24
DISTRICT OF NEW JERSEY
ATifo . 5 :00 PM src.--
cLeRi<,u.s : DISTRICT COURT - DNJ

UNITED STATES OF AMERICA Hon. Michael A. Shipp

V. Crim. No. 23-320

JEANE. RABBITT and 18 U.S.C. § 1349
KEVIN AGUILAR 18 U.S.C. § 1344
18 u.s.c. § 1343
18 u.s.c. § 1956(h)
18 U.S.C. § 1957(a)
18 U.S.C. § 1028A
18 U .S.C. § 1014
18 u.s.c. § 2

SUPERSEDING
INDICTMENT

The Gra nd Jury in and for the District of N ew J er sey, sitting a t

N ewa rk, charges as follows:

COUNT 1
(Conspiracy to Commit Bank Fraud)

Background

Individuals and Entities

1. At all times relevant to this Superseding Indictment:

a. Defendant J ean E. Rabbitt ("RABBITT") was a residen t of

Farmingdale, New J ersey and Sherman, Texas.

b. Defendant Kevin Aguilar ("AGUILAR") was a resident of

Farmingdale, New Jersey and Sherma n, Texas.

c. RABBITT and AGUILAR lived together.
Case 3:23-cr-00320-MAS Document 92 Filed 09/19/24 Page 2 of 27 PageID: 488

d. RABBITT owned and controlled the following corporate entities:

1. Showtime TTR XPO Inc. ("Showtime TTR XPO"), a New

York corporation;

ii. TTS Terminal Corp. ("TTS Terminal"), a New York

corporntion;

111. American Consolidated Freightways Corp. ("American

Consolidated"), a New York corporation; and

iv. Showtime Trucking LLC ("Showtime Trucking"), a New

York limited liability company. Collectively, these companies are referred to here as

the "Borrower Companies."

e. AGUILAR formed, owned, and controlled the following corporate

entities:

1. Atlantic Payroll Corp. ("Atlantic Payroll"), a New York

corporation;

ii. Global Payroll Corp. ("Global Payroll"), a New York

corpor ation;

m. Executive Payroll Services, Inc. ("Executive Payroll"), a

New York co1·poration; and

iv. Capital Payroll Processing Company, Inc. ("Capital

Payroll"), a New York corporation. Collectively, these companies are referred to here

as the "Sham Payroll Companies."

2
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f. AGUILAR also formed, owned, or controlled the following

corporate entities:

1. Eichler & Eben Holdings, Inc. ("Eichler & Eben"), a New

York corporation;

11. Angel Ridge LP ("Angel Ridge"), a Texas limited

partnership;

m. Westwood, Washington & McKown Development LLC

("Westwood, Washington & McKown"), a Texas limited liability compa ny;

iv. Lone Star Capital Investments LLC ("Lone Star Capital"),

a Texas limited liability company; a nd

v. S.S. Rayburn & West Cherry Development, LLC ("S.S.

Raybu1·n"), a Texas limited liability company. Collectively, these companies are

referred t o here as the "Beneficiary Companies."

g. Lender 1, Lender 2, and Lender 3 (collectively, the "Lenders")

were financial institutions insured by the Fede1·al Deposit Insurance Corporation

("FDIC"), making them "financial institutions" as defined by 18 U.S.C. § 20. Each of

the Lender s were also member banks of the Feder al Home Loan Ba nk Syst em .

h. "The Dealership" was a car dealership located in Monmouth

County, New J er sey.

1. Individual 1 was a resident of Brooklyn, New York.

3
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The Paycheck Protection Program ("PPP")

J. The Coronavirus Aid, Relief, and Economic Security ("CARES")

Act was a federal law enacted in or around March 2020 designed to provide

emergency financial assistance to millions of Americans suffering· 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 t o small businesses for

job retention and certain other expenses, through a program referred to as the PPP.

In or around April 2020, Congress authorized over $300 billion in additional PPP

funding.

k. To obtain a PPP loan, a qualifying business had to submit a PPP

loan application, which was 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 to be eligible to obtain the PPP loan. In the PPP loan application, the

small business, through its authorized representative, had to state, 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 the PPP. In addition, businesses applying for a PPP loan had to include

documentation showing their payroll expenses and other information as part of the

application.

1. A PPP loan application had to be processed by a participating

lender. If a PPP loan application was approved, the participating lender would fund

the PPP loan using its own moneys, which were 100% guar anteed by the U.S. Small

4
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Business Administration ("SBA"). Data from the application, including information

about the borrower, the total amount of the loan, monthly payroll information, and

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

course of processing the loan.

m. PPP loan proceeds had to be u sed by the business on certain

permissible expenses including 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 after receiving the proceeds and used a certain amount of the PPP

loan proceeds on payroll expenses.

The Economic Injury Disaster Loan ("EIDL") Program

n. The EIDL program was an SBA program that provided low-

interest financing to sm all businesses, renter s, and homeowners in regions affected

by declared disasters.

o. The CARES Act authorized the SBA to provide EIDLs of up to $2

million to eligible small businesses experiencing substantial financial disruption due

to the COVID-19 pandemic.

p. To obtain an EIDL, a qualifying business had to submit an

application to the SBA and provide information about its operations, such as the

number of employees, gross 1·evenues, and cost of goods sold in the 12 months

preceding J anuary 31, 2020. The amount of the EIDL was determined based, in part,

on the information the applicant provided regarding the revenue, employees, and cost

of goods of the company. The SBA directly issued any funds disbursed under an EIDL

6
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to the applicant company. A company could use EIDL funds for payroll expenses, sick

leave, production costs, and business obligations, such as debts, r ent, and mortgage

payments. If an applicant also obtained a loan under the PPP, the applicant company

was prohibited from using EIDL funds for the same purpose as the PPP funds.

The Bank Fraud Conspiracy

2. From a t least as early as in or around April 2020 through in or around

April 2021, in the District of New J ersey a nd elsewhere, defendants

JEAN E. RABBITT and
KEVIN AGUILAR

did knowingly and intentionally conspire and agr ee with each other and others to

execute and attempt to execute a scheme and artifice to defraud a financial

institution, including the Lenders, and to obtain any of the moneys, funds, credits,

assets, securities, and other property owned by, and under the control of, a financial

institution, by means of false and fraudulent pretenses, representations, and

promises, contrary to Title 18, United States Code, Section 1344.

The Goal of the Conspiracy

3. The goal of the conspiracy was for RABBITT and AGUILAR to obtain

lucrative PPP loans by causing the submission to the Lenders of materially

fraudulent applications and then diverting the loan proceeds for their personal use.

Manner and Means of the Conspiracy

4. It was part of the conspiracy that:

6
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a. Starting in or around April 2020, RABBITT and AGUILAR

agreed to obtain multiple PPP loans from Lenders based on false and fraudulent

pretenses, r epresentations, and promises.

b. Specifically, beginning in or around April 2020, RABBITT and

AGUILAR caused PPP applications to be submitted to the Lenders on behalf of the

Borrower Companies. The applications contained several materially false

statements, including that the Borrower Companies: (i) had dozens of employees for

whom they paid wages and payroll taxes; (ii) needed the PPP loans to support thei1·

ongoing business oper ations; and (iii) would use the PPP loans to retain workers and

maintain payroll or make certain covered mortgage interest payments, lease

payments, and utility payments .

c. RABBITT and AGUILAR also caused materially false

documentation to be submitted t o support the fraudulent PPP loan applications. That

false documentation included fraudulent payroll and tax documents purporting to

substantiate the applications' claims that the Borrower Companies had a substantial

number of employees with significant aver age monthly payroll.

d. Based on the Borrower Companies' PPP applications, t he Lenders

approved sever al PPP loans to the Borrower Companies, which together totaled more

than approximately $3,300,000, a nd which included t he following loans:

7
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Approx.
Approx. Financial
Application Business Applicant
Amount Institution
Date
4/16/2020 Showtime Trucking LLC $412,953 Lender 1
4/27/2020 Showtime TTR XPO, Inc. $507,325 Lender 2
5/6/2020 TTS Terminal Cotp. $398,516 Lender 2
American Consolidated
5/17/2020 $698,200 Lender 3
Freightways Corp.
2/10/2021 Showtime TTR XPO, Inc. $507,107 Lender 2
3/22/2021 TTS Terminal Corp. $398,515 Lender 2
4/20/2021 Showtime Trucking LLC $402,962 Lender 1

e. RABBITT and AGUILAR directed the Lenders to deposit the loan

proceeds into bank accounts that RABBITT h ad opened for the Borrower Companies.

f. To conceal the fraud, after the Lenders transferred the PPP loan

proceeds to the bank accounts that RABBITT had opened, RABBITT and AGUILAR

transferred the funds to bank accounts that AGUILAR had opened for the Sham

Payroll Companies. Transferring the funds to the Sham Payroll Companies made it

appear as if the Borrower Companies were using the funds for legitimate business

activity, namely, weekly payroll expenses. But once the funds wer e in the Sham

Payroll Companies' bank accounts, AGUILAR again transferred the funds, this time

to bank accounts AGUILAR had opened for the Beneficiary Companies.

g. Once RABBITT and AGUILAR had funneled funds from the

Lenders to the Borrower Companies; from the Borrower Companies to the Sham

Payroll Companies; and then, finally, from the Sham Payroll Companies to the

Beneficiary Companies, RABBITT and AGUILAR used the funds to pay for personal

expenses, including purchasing residential real estate in Texas for approximately

8
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$1.5 million; purchasing new farming equipment that cost more than $200,000; and

purchasing a new truck for approximately $100,000.

In violation of Title 18, United States Code, Section 1349.

9
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COUNTS 2 THROUGH 8
(Bank Fraud)

5. Paragraphs 1, 3, and 4 of this Superseding Indictment are realleged

here.

6. On or about the dates listed below, in the District of New J ersey and

elsewhere, defendants

JEAN E. RABBITT and
KEVIN AGUILAR

did knowingly and intentionally execute and attempt to execute a scheme and artifice

to defraud financial institutions, including the Lenders, and to obtain moneys, funds,

credits, assets, securities, and other property owned by, a nd under the control of,

financial institutions, by means of materially false and fraudulent pretenses,

representations, and promises as described below:

Approx. Approx. Financial
Count Business Applicant
Application Date Amount Institution

2 4/16/2020 Showtime Trucking LLC $412,953 Lender 1
3 4/27/2020 Showtime TTR XPO, Inc. $507,325 Lender 2
4 6/6/2020 TTS Terminal Corp. $398,515 Lender 2
American Consolidated
5 5/17/2020 $698,200 Lender 3
Freight ways Corp.
6 2/10/2021 Showtime TTR XPO, Inc. $507,107 Lender 2
7 3/22/2021 TTS Terminal Corp. $398,516 Lende1· 2
8 4/20/2021 Showtime Trucking LLC $402,952 Lender 1

In violation of Title 18, United States Code, Section 1344 and Section 2.

10
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COUNT9
(Cons piracy to Commit Wire Fra ud)

7. Par agraphs 1, 3, and 4 of this Superseding Indictment are realleged

here.

The Wire Fraud Cons irac

8. From as early as in or around April 2020 through in or around June

2020, in the District of New J ersey and elsewhere, defendants

JEAN E. RABBITT and
KEVIN AGUILAR

did knowingly and intentionally conspire with each other and others to devise a

scheme and artifice to defraud the SBA and others, and to obtain money and property

by means of materially false and fraudulent pretenses, representations, and

promises, and, for the purpose of executing and attempting to execute such scheme

and artifice to defraud, did transmit and cause to be transmitted by means of wire

communications in interst ate and foreign commerce, certain writings, signs, signals,

pictures, and sounds, contrary to Title 18, United States Code, Section 1343.

Goal of the Conspiracy

9. The goal of the conspiracy was for RABBITT and AGUILAR to obtain

lucr ative EIDLs by causing the submission to the SBA of fra udulent applications and

then diverting the loan proceeds to their personal use.

Manner and Means of the Conspiracy

10. It was part of the conspiracy that:

a. Starting in or around April 2020, RABBITT and AGUILAR

caused applications to be submitted to the SBA for EID Ls on behalf of several of the

11
Case 3:23-cr-00320-MAS Document 92 Filed 09/19/24 Page 12 of 27 PageID: 498

Borrower Companies. Each of these EIDL loan applications included materially false

infol'mation, including about each Borrower Company's gross revenues and cost of

goods sold fol' the 12 months preceding J anuary 31, 2020.

b. At least one of the EIDL applications that RABBITT and

AGUILAR caused to be submitted to the SBA was sent by interstate wire from

RABBITT's and AGUILAR's residence in New J ersey to the SBA's computel' sel'ver

in a st at e other than New J ersey.

c. Without Individual l's knowledge or permission, at least one of

the EIDL applications that RABBITT and AGUILAR caused to be submitted to the

SBA falsely listed the name of Individual 1 as the person who owned and controlled

one of the Bonower Companies and as the person who submitted the EIDL

application.

d. Based on the EIDL applications, the SBA approved the EIDLs for

the Bol'rowel' Companies, which together totaled approximately $447,000, and which

included the following loans:

Approx. Application Approx.
Business Applicant Lender
Date Amount

4/5/2020 Showtime TTR XPO, Inc. $149,900 SBA
5/8/2020 TTS Terminal Corp. $149,900 SBA
American Consolidated
6/15/2020 $149,900 SBA
Freightways Corp.

e. The SBA deposited the loan proceeds into bank accounts that

RABBITT opened for the Borrower Companies.

12
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f. RABBITT and AGUILAR then caused the EIDL loan proceeds to

be transferred into bank accounts that AGUILAR had opened for the Sham Payroll

Compa nies. AGUILAR then transferred the funds to one or more ba nk accounts that

AGUILAR had opened for the Beneficiary Companies. After the funds were

transferred t o the Beneficiary Companies, RABBITT and AGUILAR used the funds

to pay their personal expenses.

In viola tion of Title 18, United Stat es Code, Section 1349.

13
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COUNTS10 THROUGH12
(Wire Fraud)

11. Paragraphs 1, 3-4, and 9-10 of this Superseding Indictment are

realleged here.

12. On or about the dates listed below, in the District of New Jersey and

elsewhere, defenda nts

JEAN E. RABBITT and
KEVIN AGUILAR

having knowingly and intentionally devised and intending to devise a scheme and

artifice to defraud the SBA, and to obtain money and property by means of materially

false and fraudulent pretenses, representations, and promises, for purposes of

executing and attempting to execute such scheme and artifice to defraud, did

knovvingly and intentionally transmit and cause to be transmitted by means of wire

communications in interstate and foreign commerce certain writings, signs, signals,

pictures, and sounds, namely the wire transfers described below, each constituting a

separate count of this Superseding Indictment:

Count Description of Interstate Wire

10 Transmission of fraudulent EIDL application on or about April 5, 2020
for Borrower Company Showtime TTR XPO in New Jersey to the SBA
Transmission of fraudulent EIDL application on or about May 8, 2020
11
for Borrower Company TTS Terminal in New Jersey to the SBA
Transmission of fraudulent EIDL application on or about June 15,
12 2020 for Borrower Company American Consolidated in New Jersey to
the SBA

In violation of Title 18, United States Code, Section 1343 and Section 2.

14
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COUNT 13
(Conspira cy to Enga ge in Mone tary Tra nsactions
in Property Derived from Specified Unlawful Activity)

13. Paragraphs 1, 3-4, and 9-10 of this Superseding Indictment are

realleged here.

The Conspiracy

14. From as early as in or around April 2020 through in or around March

2022, in the District of New J ersey and elsewhere, defendants

JEAN E. RABBITT and
KEVIN AGUILAR

did knowingly and intentionally conspire and agree with each other and others to

knowingly engage and attempt to engage in monetary tra nsactions in criminally

derived property of a value great er tha n $10,000 that was derived from a specified

unlawful activity, t hat is, bank fraud, contrary to Title 18, United States Code,

Section 1344, contrary to Title 18, United St ates Code, Section1957.

Goal of the Conspiracy

15. The goal of the conspiracy was for RABBITT and AGUILAR to transfer

funds out of the Borrower Companies' ba nk accounts and into other bank accounts

that RABBITT and AGUILAR could use to enrich themselves and pay for personal

expenses.

Manner and Means of the Conspiracy

16. It was part of the conspiracy that:

a. RABBITT and AGUILAR caused to be submitted fraudulent PPP

applications to the Lendet·s on behalf of the Borrower Companies.

15
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b. Based on the applications that RABBITT and AGUILAR caused

to be submitted on behalf of the Borrower Companies, the Lenders approved the PPP

loans and deposited the PPP loan proceeds into bank accounts that RABBITT had

opened for each of the Borrower Companies. In all, the Lenders transferred over

approximately $3,300,000 into those bank accounts.

c. After the PPP loan proceeds were deposited into t he Bonower

Companies' bank accounts, RABBITT and AGUILAR caused those funds t o be

transferred, gener ally by paper check, from the Borrower Companies' bank accounts

to bank accounts for the Sham Payroll Companies, which AGUILAR opened and

controlled. These checks were made payable to the Sham Payroll Companies a nd

creat ed the false impression th at the Borrower Companies were using PPP loan

proceeds for legitimate business activity, n amely, weekly payroll expenses. For

example:

1. Between on or about October 19, 2020, and on or about

September 9, 2021, RABBITT and AGUILAR caused Showtime Trucking to tr ansfer

approximat ely $577,500 via 14 checks, each for approximately $41,250 and each

bearing what purports t o be RABBITT's signature. Each of the checks was made

payable to Atlantic Commercial Payroll.

11. Between on or about October 14, 2020, and on or a bout

September 2, 2021, RABBITT and AGUILAR ca used Showtime TTR XPO to transfer

approximately $825,026 via eight checks, all of which bear what purports to be

RABBITT's signat ure. Each of the checks was made payable to Global Payroll.

16
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111. Between on or about October 16, 2020, and on or about

September 7, 2021, RABBITT and AGUILAR caused TTS Terminal to transfer

approximately $555,756 via 13 checks, all of which bea1· what purports to be

RABBITT's signature. Each of the checks was made payable to Executive Payroll.

1v. Between on or about October 14, 2020, and on or a bout

December 7, 2020, RABBITT and AGUILAR caused American Consolidated to

transfer approximately $698,250 via ten checks, each for approximately $69,825 and

each bearing what purports to be RABBITT's signature. Each of the checks was made

payable to Global Payroll.

d. After the PPP loan proceeds were transferred to the Sham Pay1·oll

Companies described above, AGUILAR then transferred the funds to another of the

Sham Payroll Companies, namely, Capital Payroll.

e. AGUILAR created Capital Payroll on or about June 1, 2020.

Between on or about February 5, 2021, and on or about February 8, 2021, AGUILAR

opened bank accounts for Capital Payroll with at least four different banks.

f. Between on or about February 10, 2021, and September 15, 2021,

AGUILAR transferred at least approximately $2.3 million from bank accounts for

Atlantic Commercial Payroll, Global Payroll, and Executive Payroll to bank accounts

for Capital Payroll.

g. Once the funds were deposited into Capital Payroll's bank

accounts, AGUILAR then transfen ed the funds to bank accounts he had opened for

the Beneficiary Companies.

17
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h. Once AGUILAR transferred the funds to the Beneficiary

Companies' bank accounts, AGUILAR and RABBITT used the funds to pay their

personal expenses.

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

18
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COUNT 14
(Engaging in M onet a ry Tra nsaction s in Property
D erived from Specified Unla wful Activit y)

17. Paragraphs 1, 3-4, 9- 10, an d 16 of this Superseding Indictment are

realleged here.

18. Between on or about February 4, 202 1, and on or about Februa ry 5,

2021, in the District of New J ersey and elsewhere, defendant

KEVIN AGUILAR

did knowingly engage and attempt to engage in a monet ary transaction affecting

interstate and foreign commerce in criminally derived property of a value greater

tha n $10,000, t ha t is, the transfer by check of approximat ely $238,374 from the ba nk

account of Executive Payr oll ending in -5526 to the bank account of Capital Payroll

ending in -8102, such property having been derived from a specified unlawful activity,

that is, bank fraud, in violation of Title 18, United Stat es Code, Section 1344.

In viola tion of Title 18, United States Code, Section 1957(a).

19
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COUNT 15
(Aggravated Identity Theft)

19. P aragraphs 1, 3-4, 9-10, and 16 of this Superseding Indictment are

realleged here.

20. On or about April 5, 2020, in the District of New J ersey and elsewhere,

defendants

JEAN E. RABBITT and
KEVIN AGUILAR

knowingly transferred, possessed, and used, without lawful authority, a means of

identification of another person, namely, the na me, date of birth, and social security

number ofindividual 1, during and in relation to a felony violation, that is, wire fraud,

contrary to Title 18, United States Code, Section 1343, as charged in Count 10 of this

Superseding Indictment.

In violation of Title 18, United States Code, Section 1028A(a)(l) and Section 2.

20
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COUNT 16
(False Statements in a Loan Application)

21. Paragraphs 1, 3-4, 9-10, and 16 in this Superseding Indictment are

realleged here.

22. On or about July 15, 2021, in the District of New Jersey and elsewhere,

defendant

JEANE. RABBITT

knowingly made a false statement fOl' the purpose of influencing the actions of Lender

1, an institution the accounts of which were insured by the FDIC, upon an application

for a loan to purchase an automobile, referenced in Paragraph 4(g) of t his

Superseding Indictment, from the Dealership.

In violation of Title 18, United States Code, Section 1014.

21
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FORFEITURE ALLEGATIONS AS TO
COUNTS 1 THROUGH 8 AND COUNT 16

23. Upon conviction of the offenses charged in Counts 1 through 8 and Count

16 of this Superseding Indictment, defendants RABBITT and AGUILAR shall forfeit

to the United States, pursuant to Title 18, United States Code, Section 982(a)(2)(A),

any property, real or personal, constituting, or derived from, proceeds obtained

directly or indirectly as a result of such offenses. The property to be forfeited includes,

but is not limited to, the property listed in Attachment A to t his Superseding

Indictment (hereinafter 1·eferred to collectively as the "Specific Property").

FORFEITURE ALLEGATION AS TO COUNT 9

24. Upon conviction of the conspiracy charged in Count 9 of this

Superseding Indictment, defendants RABBITT and AGUILAR shall forfeit to the

United States, pursuant to Title 28, United States Code, Section 981(a)(l)(C) and

Title 28, United States Code, Section 2461(c), any property, real or personal, which

constitutes or is derived from proceeds traceable to such conspiracy. The proper ty to

be forfeited includes, but it is not limited to, the Specific Property.

FORFEITURE ALLEGATION AS TO COUNT 13

25. Upon conviction of the money laundering offense charged in Count 13 of

this Superseding Indictment, defendants RABBITT and AGUILAR shall forfeit to the

United States, pursuant to Title 18, United States Code, Section 982(a)(l), any

property, real or personal, involved in such money laundering offenses, and any

property traceable to such property. The property to be forfeited includes, but is not

limited to, the Specific Property.

22
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FORFEITURE ALLEGATION AS TO COUNT 14
26. Upon conviction of the money laundering offense charged in Count 14 of

this Superseding Indictment, defendant AGUILAR sh all fol'feit to the United States,

pursuant to Title 18, United States Code, Section 982(a)(l), any property, real or

per sonal, involved in such money laundering offense, and any property traceable to

such property.

SUBSTITUTE ASSET PROVISION
(APPLICABLE TO ALL FORFEITURE ALLEGATIONS)

27. If any of the property described above, as a result of a ny act or omission

of defendants RABBITT or AGUILAR:

a. Cannot be located upon the exercise of due diligence;

b. Has been transferred to 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,

[remainder of page intentionally blanli ]

23
Case 3:23-cr-00320-MAS Document 92 Filed 09/19/24 Page 24 of 27 PageID: 510

it is the intent of the United States, pursuant to Title 21 1 United States Code, Section

863(p), as incorporated by Title 18, United States Code, Section 982(a)(l) and Title

28, United States Code, Section 2461(c), to seek forfeiture of any other property of the

defendants up to the value of the forfeitable property described above.

A TRUE BILL

?~TI-~
PHILIP R. SELLINGER
■·· ...
United States Attorney

24
Case 3:23-cr-00320-MAS Document 92 Filed 09/19/24 Page 25 of 27 PageID: 511

ATTACHMENT A

Assets Seized in Bank Accounts
Bank Name Account Holder Account Number Seized Balance
TD Ba nk Showtime TTR t!tJ!!tNNI0301 $4,735.08
XPO Inc
'I'D Bank Atlantic IUNl/##8017 $391.35
Commer cial
Payroll Corp
TD Bank TTS Terminal #!f!Nlf-lN1088 $1,625.21
Corporation
TD Bank Eichler and Eben ######8095 $347,379.16
Holding Inc
TD Bank Capital Payroll ll!!t!f-lli#8102 $93 1.65
Processing
Compa ny Inc
Bank of America Showtime tf !:':'!l!,¥1/Hf/0258 $9,685.41
Trucking LLC
Bank of America Capital Payroll #tltltl!Nllf #8562 $233.00
Processing
Company Inc
Ba nk of America Eichler and Eben NN#!lN/tl!l/8575 $456,025.00
Holding- Inc
JP Morgan Chase Capital Payroll #/:th' #t/6908 $60,027.50
Processing
Company Inc
JP Morgan Chase Eichler & Eben lltJti/:'#6306 $515,185.24
Holding- Inc
J P Mor gan Chase Global Payroll #illif.lf:!1735 $662.55
Corpor ation
Wells Fargo American ill! #tJ##7232 $114,340.47
Consolidated
Freightways
Corporation

25
Case 3:23-cr-00320-MAS Document 92 Filed 09/19/24 Page 26 of 27 PageID: 512

Cash ier's Checks
Issuing Bank Check No., Account Holder & Amount of
Account Number Cashier's Check
Santander Bank Cashier's Check No. 3171345, drawn $892.50
from Executive Payroll Services Inc.,
Acct. No. l't#tlitiW5526
Santander Bank Cashier's Check No. 3141344, drawn $42,487.25
from Capital Payroll Processing
Company Inc. Acct. No. tl##tli/#7741
Santander Bank Cashier's Check No. 3171379, drawn $998.00
from Eichler and Eben Holdings Inc.,
Acct. No. ##t#!!tt!7776

Real Property P urchased Using Fraudulently Obtained PPP Funds
Purchaser Address of Real Property Purchase Price
Angel Ridge 1221 West Washington St ., Sherman, $310,000.00
Texas
Westwood, 177 Angel Ridge Lane, Sherman, Texas $1,215,000.00
Washington &
McKown
Lone Star Capital 401 S. Sam Rayburn Fwy, Sherman, $650,000.00
and/or Texas
S.S. Rayburn

Personal Property Purchased Using Fraudulently Obtained PPP Funds
Purchaser Description of Personal Property P urchase Price
J ean Rabbitt 2021 Ford F -150, Vehicle ID Number $99,802.67
#/tt!i~!!ti#Ntimttt84233
TBD ATV purchased from Sherman TBD - but Check
Powerspo1·ts No. 162, from the
Eichler & Eben's
TD Bank acct
ending -8095,
indicates payment
of $10,871.43

26
Case 3:23-cr-00320-MAS Document 92 Filed 09/19/24 Page 27 of 27 PageID: 513

CASE NUMBER: 23-320 MAS

United States District Court
District of New Jersey
UNITED STATES OF AMERICA
v.
JEAN E. RABBITT and
KEVIN AGUILAR

SUPERSEDING
INDICTMENT FOR
18 U.S.C. § 1349
18 U.S.C. §§ 1344 and 2
18 U.S.C. §§ 1343 and 2
18 U .S.C. § 1956(h)
18 U.S.C. § 1957(a)
18 U.S.C. §§ 1028A and 2
18 U.S.C. § 1014

A True Bill,

P HILIP R. SELLINGER
UNITED STATES ATTORNEY
FOR THE DISTRICT OF NEW JERSEY

DAVID V. S IMUNOVICH
ASSISTANT U.S. ATTORNEY
NEWARK, NEW JERSEY
973-645-2736

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