Indictment — United States v. Levelle Joseph Harris, Middle District of Florida (Document 1)

Summary

An indictment in United States of America v. Levelle Joseph Harris, Case 5:22-cr-00029-GAP-PRL, in the U.S. District Court for the Middle District of Florida, Ocala Division, filed June 7, 2022 as Document 1. Counts One Through Fourteen charge wire fraud under 18 U.S.C. § 1343. The grand jury alleges that from as early as on or about May 27, 2020 through at least on or about June 2, 2021 Harris submitted PPP applications over the internet with false representations. Each count is an internet wire transfer to the defendant's account from a lender such as Itria Ventures, Blue Ridge Bank, Newtek, A10 Capital or American Lending Center, including $141,665 from A10 Capital. The forfeiture section seeks an order of forfeiture of $1,283,030 and lists real property, a 2020 Hyundai Palisade and approximately $262,715.64 seized from a PNC Bank account.

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Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 1 of 9 PagelD 1

UNITED STATES DISTRICT COURT |
MIDDLE DISTRICT OF FLORIDA = 2022 JUN -7 PK 3: 4

OCALA DIVISION CLERK, US niceniny sane
UNITED STATES OF AMERICA VOALA Fl ORI:

18 U.S.C. § 1343
LEVELLE JOSEPH HARRIS

INDICTMENT

The Grand Jury charges:

COUNTS ONE THROUGH FOURTEEN

A. Introduction

At times material to this Indictment:

iif The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act
is a federal law that was enacted in March of 2020 to provide financial assistance to
people suffering economic harm from the COVID-19 pandemic. One source of relief
provided through the CARES Act was the authorization of forgivable loans to
businesses for job retention and certain other expenses, through a program called the
Paycheck Protection Program (“PPP”). The CARES Act required PPP loan
applications to be processed by a participating lender. If a PPP loan application is
approved, the participating lender would fund the PPP loan using its own money.
The money was guaranteed by the SBA.

2s LEVELLE JOSEPH HARRIS was a resident of the Middle District of
Florida. He created and maintained bank accounts with Armed Forces Bank and

PNC Bank, N.A.
Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 2 of 9 PagelD 2

3: Armed Forces Bank was a financial institution that provided, among
other services, bank accounts to its customers. Armed Forces Bank allowed for its
customers to complete wire transfers to and from other financial institutions. Wire
transfers occur when the originating customer instructs its financial institution to
electronically transfer funds to a beneficiary customer. Wire transfers allow money to
be moved quickly and securely without the need to exchange cash. They allow two
parties to transfer funds even if they are in different geographic locations. A wire
transfer facilitates money transfers electronically across a network of banks or
transfer agencies around the world. Armed Forces Bank had branches in the Middle
District of Florida and elsewhere.

4. PNC Bank, N.A., was a financial institution and lender that provided,
among other services, bank accounts to its customers and PPP loans. PNC Bank
allowed for its customers to complete wire transfers to and from other financial
institution. PNC Bank also completed wire transfers to other financial institutions to
deliver PPP loan proceeds. This financial institution had branches and automatic
teller machines (“ATMs”) in the Middle District of Florida and elsewhere.

a. Itria Ventures, L.L.C., was a financial lender that provided, among
other services, PPP loans. Itria Ventures, L.L.C., completed wire transfers to other

financial institutions to deliver PPP loan proceeds.
Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 3 of 9 PagelD 3

6. Cross River Bank was a financial lender that provided, among other
services, PPP loans. Cross River Bank completed wire transfers to other financial
institutions to deliver PPP loan proceeds.

7. Blue Ridge Bank, N.A., was a financial lender that provided, among
other services, PPP loans. Blue Ridge Bank, N.A., completed wire transfers to other
financial institutions to deliver PPP loan proceeds.

8. Newtek Business Services Corporation was a financial lender that
provided, among other services, PPP loans. Newtek Business Services Corporation
completed wire transfers to other financial institutions to deliver PPP loan proceeds.

9. A10 Capital, L.L.C., was a financial lender that provided, among other
services, PPP loans. A10 Capital completed wire transfers to other financial
institutions to deliver PPP loan proceeds.

10. American Lending Center was a financial lender that provided, among
other services, PPP loans. American Lending Center completed wire transfers to
other financial institutions to deliver PPP loan proceeds.

11. Benworth Capital Partners, L.L.C., was a financial lender that
provided, among other services, PPP loans. Benworth Capital Partners, L.L.C.,
completed wire transfers to other financial institutions to deliver the PPP loan

proceeds.
Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 4 of 9 PagelD 4

12. Hope Enterprise Corporation was a financial lender that provided,
among other services, PPP loans. Hope Enterprise Corporation completed wire
transfers to other financial institutions to deliver the PPP loan proceeds.

B. The Scheme and Artifice

13. From as early as on or about May 27, 2020, and continuing through at
least on or about June 2, 2021, in the Middle District of Florida and elsewhere, the
defendant,

LEVELLE JOSEPH HARRIS,
knowingly devised and intended to devise a scheme and artifice to defraud, and to
obtain money by means of materially false and fraudulent pretenses, representations,
and promises.

Cc. Manner and Means of the Scheme and Artifice

14. The manner and means by which the defendant sought to accomplish
the scheme and artifice include, among others, the following:
a. It was part of the scheme that the defendant electronically
submitted applications for PPP loans over the internet.
b. It was further part of the scheme that the defendant made false
representations on his PPP applications.
C. It was further part of the scheme that the defendant received

proceeds from the loans through wire transfers over the internet.
Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 5 of 9 PagelD 5

D. = Execution of the Scheme and Artifice

15. Onor about the dates set forth below in Counts One through Fourteen,
in the Middle District of Florida and elsewhere, the defendant,
LEVELLE JOSEPH HARRIS,
for the purpose of executing the aforementioned scheme and artifice, knowingly and
intentionally transmitted and caused to be transmitted by means of wire
communication in interstate and foreign commerce the writings, signs, signals,
pictures, and sounds described below, each transmission constituting a separate

count:

| § |

Internet wire transfer in the amount of
$60,000 from Itria Ventures to defendant’s
Armed Forces Bank account ending in
3583.

TWO August 5, 2020 Internet wire transfer in the amount of
$10,000 from Cross River Bank to
defendant’s PNC Bank account ending in
0768.

THREE February 12, 2021 | Internet wire transfer in the amount of
$125,000 from Itria Ventures to defendant’s
PNC Bank account ending in 0768.

FOUR February 24, 2021 | Internet wire transfer in the amount of
$119,900 from Blue Ridge Bank to
defendant’s PNC Bank account ending in
0768.

FIVE February 25, 2021 | Internet wire transfer in the amount of
$120,732.50 from Blue Ridge Bank to
defendant’s PNC Bank account ending in
0768.

SIX March 16, 2021 Internet wire transfer in the amount of
$120,000 from Newtek to defendant’s PNC
Bank account ending in 0768.

5

‘ONE __| May 27, 2020
Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 6 of 9 PagelD 6

SEVEN March 23, 2021 Internet wire transfer in the amount of
$141,600 from A10 Capital to defendant’s
PNC Bank account ending in 0768.
EIGHT April 13, 2021 Internet wire transfer in the amount of
$120,833.33 from American Lending
Center to defendant’s PNC Bank account
ending in 0768.

NINE April 13, 2021 Internet wire transfer in the amount of
$60,000 from PNC Bank to defendant’s
PNC Bank account ending in 0768.

TEN April 13, 2021 Internet wire transfer in the amount of
$20,833.33 from American Lending Center
to defendant’s PNC Bank account ending in
0768.

ELEVEN | April 22, 2021 Internet wire transfer in the amount of
$141,665 from A10 Capital to defendant’s
PNC Bank account ending in 0768.
TWELVE | April 23, 2021 Internet wire transfer in the amount of
$20,833.33 from Benworth Capital to
defendant’s PNC Bank account ending in
0768.

THIRTEEN | May 14, 2021 Internet wire transfer in the amount of
$120,832.32 from Hope Enterprise to
defendant’s PNC Bank account ending in
0768.

FOURTEEN | June 2, 2021 Internet wire transfer in the amount of
$100,800 from Newtek to defendant’s PNC
Bank account ending in 0768.

In violation of 18 U.S.C. § 1343.

FORFEITURE

1. The allegations contained in Counts One through Fourteen are
incorporated by reference for the purpose of alleging forfeiture pursuant to 18 U.S.C.
§ 981(a)(1)(C) and 28 U.S.C. § 2461(c).

2. Upon conviction of a violation of 18 U.S.C. § 1343, the defendant shall
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Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 7 of 9 PagelD 7

forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. §

2461(c), any property, real or personal, which constitutes or is derived from proceeds

traceable to the violation.

3, The assets to be forfeited specifically include, but are not limited

to the following: an order of forfeiture in the amount of $1,283,030, which sum

represents the total amount of proceeds obtained by the defendant as a result of the

wire fraud scheme detailed herein, as well as the forfeiture of the following assets:

a.

3124 Cherokee Road, Saint Cloud, Florida 34772 titled in
the name of Harris Faith Investments, LLC;

28 Sutton Place, Shaker Heights, Ohio 44120 titled in the
name of Levelle Harris;

approximately $119,212.44 from the sale of the real
property located on Corupano Drive in Punta Gorda, FL;

2020 Hyundai Palisade, VIN #KM8R24HE5LU094121,
titled in the name of Levelle Harris; and

approximately $262,715.64 seized from PNC Bank
Account #1238170768 held in the name of Harris Faith
Investments, LLC,

which assets are traceable to proceeds obtained from the wire fraud scheme alleged

herein.

4. 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;

7
Case 5:22-cr-00029-GAP-PRL Document1 Filed 06/07/22 Page 8 of 9 PagelD 8

rom 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 shall be entitled to forfeiture of substitute property under the

provisions of 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c).

A TRUE BILL,

oreperson

ROGER B. HANDBERG
United States Attorney

Robert E. Bodnar, Jr.
Assistant United States Attorney
Chief, Ocala Division


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