Indictment — United States v. Henry Troy Wade, Middle District of Florida (Document 1)

Summary

A grand jury Indictment in United States v. Henry Troy Wade, Case 5:22-cr-00084-JA-PRL, in the United States District Court for the Middle District of Florida, Ocala Division, filed November 22, 2022. Counts One through Six charge wire fraud under 18 U.S.C. § 1343, alleging that from on or about May 1, 2020 through at least on or about March 31, 2021 Wade submitted EIDL loan and grant applications to the SBA containing false representations. Each count is an electronic deposit from the SBA to one of Wade's MidFlorida accounts, ranging from $3,000 to $149,100, including $147,500 on August 3, 2020. The forfeiture section seeks approximately $149,100 seized from an account in the name of Big Valley Grille & Bistro LLC and an order of forfeiture for at least $524,400.

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“Indictment — United States v. Henry Troy Wade, Middle District of Florida (Document 1).” Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-5-22-cr-00084-dkt-1-m-d-fla-ca78e788f4/, SHA-256 06cddfa0f6227015f3747ce883d25e3f32f31b708c9890174dd30155c3e505bd.

Full text

Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 1 of 8 PageID 1

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA Date: _ _ r_r/J;L;;
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OCALA DIVISION .,LERK, U.S. DISTRICT COURT
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"'CALA, FLORIDA
UNITED STATES OF AMERICA

V. CASE NO. 5:22-cr- 3t/-~PfL-L
18 U.S.C. § 1343
HENRY TROY WADE

INDICTMENT

The Grand Jury charges:

COUNTS ONE THROUGH SIX

A. Introduction

At times material to this Indictment:

1. HENRY TROY WADE was a resident of the Middle District of

Florida. He created and maintained bank accounts with MIDFLORJDA Credit

Union ("MIDFLORJDA").

2. MIDFLORJDA was a financial institution that provided, among other

services, bank accounts to its customers. MIDFLORJDA allowed for its customers to

complete wire transfers to and from other financial institution. 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
Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 2 of 8 PageID 2

agencies around the world. This financial institution had branches and ATMS in the

Middle District of Florida and elsewhere in Florida.

3. The Coronavirus Aid, Relief, and Economic Security Act ("CARES"

Act) was a federal law enacted ono March 27, 2020, designed to provide emergency

financial assistance to the millions of Americans who were suffering the economic

effects caused by the COVID-19 pandemic. One source of relief provided by the

CARES Act was the authorization of the Economic Injury Disaster Loan ("EIDL")

program. EIDL is a Small Business Administration ("SBA") program that provides

low-interest funding to small businesses, renters, and homeowners affected by

declared disasters.

4. In order to obtain an EIDL, a qualifying business must submit an

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

number of employees, gross revenues for the 12-month period preceding the disaster.

In the case ofEIDLs for COVID-19 relief, the 12-month period was the year

preceding January 31, 2020. The applicant must also certify that all the information

in the application is true and correct, and agree in the required Loan Authorization

and Agreement that the EIDL funds will be used solely as working capital to

alleviate economic injury caused by disaster.

5. The amount of an EIDL, if the application is approved, is determined

based, in part, on the information provided in the application about employment,

revenue, and cost of goods, as set forth above. Any funds issued under an EIDL are
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Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 3 of 8 PageID 3

issued directly by the SBA. ElDL funds shall be used as working capital, such as

payroll expenses, sick leave, production costs, and ordinary business obligations,

such as debts, rent, and mortgage payments.

6. EIDL applications are electronically received in cloud-based platforms.

If an SBA application was approved, the SBA's Denver Finance Center, located in

Denver, Colorado, created payment files and authorized payments of the EIDL

funds based on those applications. The disbursement of the EIDL funds were

transmitted by the Financial Management System ("FMS ") to the Treasury and then

to the recipient's bank account. The primary server for the FMS is in Sterling,

Virginia.

B. The Scheme and Artifice

7. Beginning no later than on or about May 1, 2020, and continuing

through at least on or about March 31, 2021, in the Middle District of Florida and

elsewhere, the defendant,

HENRY TROY WADE,

knowingly devised and intended to devise a scheme and artifice to defraud the SBA,

and to obtain money by means of materially false and fraudulent pretenses,

representations, and promises.

C. Manner and Means of the Scheme and Artifice

8. The manner and means by which the defendant sought to accomplish

the scheme and artifice include, among others, the following:
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Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 4 of 8 PageID 4

a. It was part of the scheme that the defendant electronically

submitted Small Business Loan applications for EIDL loans and grants.

b. It was further part of the scheme that the defendant made false

representations on his Small Business Loan applications for EIDL loans and grants.

c. It was further part of the scheme that the defendant received

proceeds from the loans and grants through electronic wire transfers.

D. Execution of the Scheme and Artifice

9. On or about the dates set forth below in Counts One through Six, in the

Middle District of Florida and elsewhere, the defendant,

HENRY TROY WADE,

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:

4
Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 5 of 8 PageID 5

COUNT DATE OF WIRE DESCRlPTION OF WIRE
ONE May I, 2020 Electronic deposit in the amount of $3,000
from SBA to defendant's MidFlorida
account ending in 0305.
TWO June 30, 2020 Electronic deposit in the amount of $76,000
from SBA to defendant's MidFlorida
account ending in 7832.
THREE July 7, 2020 Electronic deposit in the amount of $3,000
from SBA to defendant's MidFlorida
account ending in 7832.
FOUR August 3, 2020 Electronic deposit in the amount of
$147,500 from SBA to defendant's
MidFlorida account ending in 6925 .
FIVE August 4, 2020 Electronic deposit in the amount of
$145,800 from SBA to defendant's
MidFlorida account ending in 6801.
SIX March 31, 2021 Electronic deposit in the amount of
$149,100 from SBA to defendant's
MidFlorida account ending in 8001 .

In violation of.18 U.S.C. § 1343.

FORFEITURE

1. The allegations contained in Counts One through Six are incorporated

by reference for the purpose of alleging forfeiture pursuant to 18 U .S.C. §

98 l (a)(l)(C) and 28 U .S.C. § 246l(c).

2. Upon conviction of a violation of 18 U.S.C. § 1343, the defendant shall

forfeit to the United States, pursuant to 18 U.S.C. § 98l(a)(l)(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 property to be forfeited includes, but is not limited to, the

5
Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 6 of 8 PageID 6

following: approximately $149,100, seized from MidFlorida Credit Union Account

#129948001 held in the name of Big Valley Grille & Bistro LLC, which funds were

proceeds obtained from the offense charged in Count Six, and an order of forfeiture

for at least $524,400, which represents the proceeds of the offenses charged in Counts

One through Six.

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;

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,

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Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 7 of 8 PageID 7

the United States shall be entitled to forfeiture of substitute prope1ty under the

provisions of 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 246l(c).

Foreperson

ROGER B. HANDBERG
United States Attorney

By: ~

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

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Case 5:22-cr-00084-JA-PRL Document 1 Filed 11/22/22 Page 8 of 8 PageID 8
FORMOBD-34
October 22 No. 5:22-cr-

UNITED STATES DISTRJCT COURT
Middle District of Florida
Ocala Division

THE UNITED STATES OF AMERICA

vs.

HENRY TROY WADE

INDICTMENT

Violations: 18 U.S.C. § 1343

Filed in open court this 22nd day

of November 2022.

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