Indictment — United States v. Curtis Porch and Dereen Porch, Middle District of Georgia (Document 1)

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A grand jury indictment of Curtis Porch and Dereen Porch, a/k/a Dereen Fitzgerald, Case No. 4:21-cr-00023-CDL-MSH, in the U.S. District Court for the Middle District of Georgia, filed June 9, 2021 as Document 1. Counts 1-3 charge wire fraud under 18 U.S.C. § 1343 and Count 4 charges theft of government property under 18 U.S.C. § 641. The indictment alleges that between on or about June 22, 2020 and on or about July 26, 2020 the defendants submitted at least three fraudulent EIDL loan and grant applications for FNP Trucking, LLC, Porch to Porch Transportation, LLC and Buckner Transportation, LLC, shell companies it describes as having no revenues or employees in trucking. It states the SBA deposited a total of $364,200 into the defendants' accounts, and it includes a forfeiture notice.

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Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA

COLUMBUS DIVISION
UNITED STATES OF AMERICA : CRIMINAL NUMBER: 4:21-cr-23 (CDL)
: VIOLATIONS: 18 U.S.C. § 1343
v. 18 U.S.C. § 641
18 U.S.C. § 2
CURTIS PORCH ; 18 U.S.C. § 981(a)(1)(C)

and

28 U.S.C. § 2461(c)

DEREEN PORCH, a/k/a DEREEN
FITZGERALD, a/k/a RENA
FITIZGERALD, a/k/a DEREEN VERA
FITZGERALD

THE GRAND JURY CHARGES:

1.

INTRODUCTION

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security
Act (hereinafter “CARES”). The CARES Act was created to provide federal relief to
those affected by the Coronavirus pandemic. Among other provisions, the CARES Act
allocated several billion dollars to the Paycheck Protection Program (hereinafter “PPP”),
which was designed to provide small businesses with loans in order to keep employees on
the payroll. The CARES Act also provided the Small Business Administration
(hereinafter “SBA”) with several millions of dollars in additional funds for Economic
Injury Disaster Loans (hereinafter “EIDLs’”), which were intended to assist individuals,
households, and businesses in federally declared disaster areas. The CARES Act also
provided the SBA with an additional $562 million for EIDLs and $10 billion for emergency

grants to businesses applying for EIDLs. The SBA is a federal agency that was created in
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 2 of 9

1953 and is dedicated, primarily, to assisting small businesses.

At all times material to the indictment, the SBA provided an online application process for
those seeking EIDLs pursuant to the CARES Act. When requesting emergency loans or
grants, the SBA required certain information from the applicant, including but not limited
to the applicant’s name, the legal name of the business requesting the loan/grant, the
business’ Employee Identification Number (“EIN”), a street address for the business
applying for the loan/grant, and a bank name and accounting number where, if approved,
the loan/grant money could be directly deposited. At the conclusion of the form, the
applicant is required to certify, under penalty of perjury, that the information in the

application is “true and correct.”

At all times material to the indictment, “FNP Trucking, LLC” (hereinafter “FNP”) was a
Domestic Limited Liability Company organized by the authority of the Georgia Secretary
of State on or about November 1, 2016. Defendant CURTIS PORCH, with an address

of 8533 Par Court, Midland, Georgia was named registered agent and organizer for FNP.

At all times material to the indictment, “Porch to Porch Transportation, LLC” (hereinafter
“Porch to Porch”), was a Domestic Limited Liability Company organized by the authority
of the Georgia Secretary of State on or about August 5, 2020. Defendant DEREEN
VERA FITZGERALD, a/k/a DEREEN PORCH, with an address of 7261 Leighton

Road, Columbus, Georgia was named registered agent and organizer for Porch to Porch.
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 3 of 9

At all times material to the indictment, “Buckner Transportation, LLC” (hereinafter
“Buckner”), was a Domestic Limited Liability Company organized by the authority of the
Georgia Secretary of State on or about August 4, 2020. Defendant CURTIS PORCH,
with an address of 5021 Morris Road, Columbus, Georgia was named registered agent and

organizer for Buckner.

Among other duties, the registered agent of a Georgia Domestic Limited Liability
Company is required to maintain a business address that is “the same as the address of the

registered office referred to” in the Certificate of Organization. Official Code of Georgia

§ 14-11-209(a)(2). In this case, the official business addresses for FNP, Porch to Porch,

and Buckner are all located within Muscogee County, Georgia, which is located in the

Columbus Division of the Middle District of Georgia.

THE SCHEME AND ARTIFICE

From on or about June 22, 2020, until on or about July 26, 2020, Defendants CURTIS

PORCH and DEREEN PORCH devised a scheme and artifice to defraud the United States

Small Business Administration (“SBA”), and to obtain money from the SBA, by means of

material false and fraudulent pretenses and representations that related to loan and/or grant requests

made to the SBA, under the auspices of the CARES Act, which resulted in monies wrongfully

being issued to the Defendants by the SBA, as follows:

A. It was part of the scheme and artifice to defraud that Defendant DEREEN

PORCH, a/k/a DEREEN VY. FITZGERALD, caused to be obtained an Employee
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 4 of 9

Identification Number (“EIN”), 85-1994667 from the Internal Revenue Service
(“IRS”) on or about July 16,2020. PORCH, a/k/a FITZGERALD, used this EIN
to apply for funds from the SBA on behalf of “Porch to Porch Transportation,” a
company which, at the time of the loan application, had no employees actively

engaged in any actual trucking activities, no revenues, and no apparent assets.

It was further part of the scheme and artifice that Defendant DEREEN PORCH,
a/k/a RENA FITZGERALD, caused to be obtained EIN 47-4085411 from the IRS
ona date unknown to the Government. PORCH, a/k/a FITZGERALD, used this
EIN to apply for funds from the SBA on behalf of “FNP Trucking,” which was
allegedly located at 7261 Leighton Road, Columbus, Georgia, the same address
used by Defendant CURTIS PORCH to organize the business with the Georgia
Secretary of State on or about November 1, 2016. At the time of
PORCH’S/FITZGERALD’s application for funds from the SBA (June 22, 2020),
there is no indication that FNP Trucking had any employees actively engaged in

any trucking activities, no revenues, and no apparent assets.

It was further part of the scheme and artifice to defraud that the Defendant CURTIS
PORCH caused to be obtained EIN 85-2136781 from the IRS on or about July 24,
2020. CURTIS PORCH used this EIN to apply for funds from the SBA on behalf
of “Buckner Transportation.” In the application, PORCH maintained that
Buckner Transportation had gross revenues of $268,000 for the preceding year,

none of which were separately reported to the IRS. There is no indication that
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 5 of 9

Buckner Transportation had employees actively engaged in any trucking activities,
any revenues, or any apparent assets during the time that PORCH requested

assistance for Buckner from the SBA.

It was further part of the scheme and artifice to defraud that Defendants CURTIS
PORCH and DEREEN PORCH, a/k/a DEREEN FITZGERALD, a/k/a RENA
FITZGERALD, a/k/a DEREEN VERA FITZGERALD, wrongfully submitted
or caused to be submitted at least three fraudulent loan/grant applications to the
SBA on behalf of the aforementioned shell companies Porch to Porch
Transportation, LLC; FNP Trucking, LLC; and Buckner Transportation, LLC,
although these companies suffered no losses as a result of any harm cognizable
under the CARES Act. Essentially, Defendants requested and received
loans/grants from the SBA for businesses that either did not exist, did not conduct
business, or only existed on paper. As a result of the fraud, the Defendants

attempted to steal or convert approximately $364,200 from the SBA.

It was further part of the scheme and artifice to defraud that Defendants CURTIS
PORCH and DEREEN PORCH maintained several bank accounts with Wells
Fargo. Specifically, Defendant CURTIS D. PORCH was the account holder for
Wells Fargo account number xxx-xxx-9027, and FNP Trucking, LLC, held Wells
Fargo account number xxx—xxx-8366. Additionally, Defendant DEREEN
PORCH maintained Sunt Trust account number xxx-xxx-0487 on behalf of Porch

to Porch, LLC. As a result of fraudulent loan/grant applications filed by the
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 6 of 9

Defendants with the SBA, the SBA deposited a total of $364,200 into the

Defendants’ aforementioned accounts.

F. It was further part of the scheme and artifice to defraud that Defendants CURTIS
PORCH and DEREEN PORCH transmitted, or caused to be transmitted, their
fraudulent loan applications to the SBA in interstate commerce. Specifically, the
Defendants submitted or caused to be submitted applications for loans/grants to the
SBA from Georgia to a processing center in lowa.

COUNTS 1-3

WIRE FRAUD

[18 U.S.C. Sect. 1343]

Paragraphs 1-6, and A through F above are incorporated by reference in each count
below.

That on or about the dates alleged below in the Columbus Division of the Middle District
of Georgia, and elsewhere within the jurisdiction of the court,

CURTIS PORCH AND DEREEN PORCH, a/k/a DEREEN FITZGERALD, a/k/a RENA
FITZGERALD, a/k/a DEREEN VERA FITZGERALD,

Defendants herein, aided and abetted by each other and by others both known and unknown to the
Grand Jury, and having devised the above-described scheme and artifice to defraud and obtain
money by means of material false pretenses and representations, for the purpose of executing and
in order to effect this scheme and artifice, did knowingly transmit or cause to be transmitted in
interstate commerce, by means of a wire communication, certain signs, signals, and sounds, that

is, electronic applications for SBA loans/grants under the CARES Act, which originated and were
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 7 of 9

transmitted from the state of Georgia and then were received at the SBA processing facility in the
state of Iowa, each such application being a separate count of this indictment and being more
particularly described as follows, according to the approximate date of the loan application

submission, the submitting Defendant, and the amount of revenue claimed over the previous year:

COUNT DATE TAXPAYER AMOUNT

1 6-22-20 Rena Fitzgerald $250,000.00
2 7-16-20 Dereen Fitzgerald $215,000.00
3 7-26-20 Curtis Porch $268,000.00

all in violation of Title 18, United States Code, Section 1343, in connection with Title 18, United

States Code, Section 2.

COUNT 4

THEFT OF GOVERNMENT PROPERTY

[18 U.S.C. § 641]

That between on or about June 22, 2020, and on or about July 26, 2020, in the Columbus
Division of the Middle District of Georgia, and elsewhere within the jurisdiction of the court,
CURTIS PORCH AND DEREEN PORCH,
Defendants herein, did willfully and knowingly steal and convert to their own use loan/grant
proceeds from the Small Business Administration, in a value exceeding $1,000, to wit:

approximately $364,200 in United States currency, of the goods and property of the United States;
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 8 of 9

all in violation of Title 18, United States Code, Section 641.

FORFEITURE NOTICE
(18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)-Criminal Forfeiture)

1, The allegations contained in Counts One through Four of this Indictment are hereby
re-alleged and incorporated by reference for the purpose of alleging forfeitures pursuant to Title
18, United States Code, Section 981(a)(1)(C), in conjunction with Title 28, United States Code,
Section 2461(c).

2. Upon conviction of the offense(s) in violation of Title 18, United States Code,
Section 1343 set forth in Counts One through Three; and/or Title 18, United States Code, Section
641 set forth in Count Four of this Indictment, the defendant(s),

CURTIS PORCH AND DEREEN PORCH, a/k/a DEREEN FITZGERALD, a/k/a RENA
FITZGERALD, a/k/a DEREEN VERA FITZGERALD,
shall forfeit to the United States of America pursuant to Title 18, United States Code, Section
981(a)(1)(C), in conjunction with Title 28, United States Code, Section 2461(c), any property, real
or personal, which constitutes or is derived from proceeds traceable to said violations.

3. If any of the property subject to forfeiture, 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, sold to or deposited with, a third person;

(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 subdivided without

difficulty,
Case 4:21-cr-00023-CDL-MSH Document1 Filed 06/09/21 Page 9 of 9

the United States of America shall be entitled to forfeiture of substitute property pursuant to Title
21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section
2461(c), through Title 18, United States Code, Section 981(a)(1)(C).

All pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United

States Code, Section 2461(c).

A TRUE BILL

S/FOREPERSON OF THE GRAND JURY

PETER D, LEARY
ACTING UNITED STATES ATTORNEY

Presented by:

MELVIN E. Be,
ASSISTANT UNITED STATES ATTORNEY

Filed in open court this oO day of June, AD 2021.

Deputy Clerk


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