Superseding Indictment — United States v. Tamika R. Cross et al., District of Nebraska (Doc. 35)

Summary

A superseding indictment in United States v. Tamika R. Cross, Ronnie E. Cross, Davida J. Anderson, Jeremy D. Sanders, Lakeda R. Sanders and Bion A. Flint, No. 8:21-cr-00253-RFR-SMB, in the U.S. District Court for the District of Nebraska, filed December 14, 2021 as Doc # 35. It charges conspiracy to commit wire fraud under Title 18, United States Code, Section 1349, from no later than in or about April 2020 to in or about May 2021. The indictment alleges PPP loan applications for businesses it calls the Purported Businesses, supported by false bank statements, earnings statements, payroll records and tax documents. It states that some loan recipients paid kickbacks to Tamika R. Cross disguised as payroll or consulting fees. A forfeiture allegation seeks seized account funds and a money judgment.

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“Superseding Indictment — United States v. Tamika R. Cross et al., District of Nebraska (Doc. 35).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-8-21-cr-00253-dkt-35-6ffd9c6d27/, SHA-256 5a2b218938e4ce59dc39d7db66dd920302bfab560d0880e3417d07e2596c32cc.

Full text

8:21-cr-00253-RFR-SMB Doc # 35 Filed: 12/14/21 Page 1 of 20 - Page ID # 83

S~AL~~o
,J. S. ols m,c T COURT
IN THE UNITED STATES DISTRICT COURT
DIS 1f~JC 1 or NEGhA s1,r..
FOR THE DISTRICT OF NEBRASKA L,i2I DEC 14 PH S: J8
UNITED STATES OF AMERICA,
8:21cR29~FJCE OF THC: CL[8K
Plaintiff,
SUPERSEDING INDICTMENT
vs.
18 u.s.c. § 1349
18 U.S.C. § 1343
TAMIKA R. CROSS, RONNIE E.
18 u.s.c. § 2
CROSS, DAVIDA J. ANDERSON,
18 U.S.C. § 1957
JEREMY D. SANDERS, LAKEDA R.
18 U.S.C. § 981(a)(l)(C)
SANDERS, and BION A. FLINT,
18 U.S.C. § 982(a)(2)(A)
Defendants.

The Grand Jury charges that

COUNTI
Conspiracy to Commit Wire Fraud
I. During and between an unknown date, but no later than in or about April 2020, and
in or about May 2021, in the District of Nebraska and elsewhere, the defendants, TAMIKA R.
CROSS, RONNIE E. CROSS, DAVIDA J. ANDERSON, JEREMY D. SANDERS, LAKEDA R.
SANDERS, and BION A. FLINT, did knowingly and intentionally attempt and conspire with each
other and with other persons, both known and unknown to the Grand Jury, to commit an offense
against the United States, namely, wire fraud, Title 18, United States Code, Section 1343, a
violation of Title 18, United States Code, Section 1349.
Object oftlte Co11spiracy
2. It was a part and object of the conspiracy that TAMIKA R. CROSS, RONNIE E.
CROSS, DAVIDA J. ANDERSON, JEREMY D. SANDERS, LAKEDA R. SANDERS, and
BION A. FLINT, and others, having devised and intended to devise a scheme and artifice to
defraud, and to obtain money and property by means of materially false and fraudulent pretenses,
representations, and promises, caused to be transmitted by means of wire and radio communication
in interstate commerce, writings, signs, signals, pictures, and sounds for the purpose of executing
such scheme or artifice, in violation of Title 18, United States Code, Section 1343.

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Tlte Parties
3. TAMIKA R. CROSS and RONNIE E. CROSS reside together in Omaha.
TAMIKA R. CROSS reportedly received wages in 2019 and 2020 from Lifechangers Academy.
4. DAVIDA J. ANDERSON resides in Omaha. She operated and continues to
operate Lifechangers Academy, a day care business with locations in the Omaha area.
5. At all relevant times, JEREMY D. SANDERS and LAKEDAR. SANDERS
resided together in Omaha. LAKEDA R. SANDERS is a daughter of TAMIKA R. CROSS.
6. At all relevant times, BION A. FLINT resided in Omaha. BION A. FLINT is an
acquaintance of TAMIKA R. CROSS.
The Paycl,eck Protectio11 Program
7. The Coronavirus Aid, Relief, and Economic Security ("CARES") Act was a federal
law enacted in March 2020 and designed to provide emergency financial assistance to the millions
of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of
relief provided by the CARES Act was the authorization of forgivable loans to small businesses to
preserve jobs by paying for certain expenses. This financial relief was referred to as the Paycheck
Protection Program ("PPP"). Starting in December 2020, the PPP was renewed and the deadlines
to apply were extended. Small businesses that received PPP loans in 2020 could apply for
additional emergency assistance, referred to as a "Second Draw," until May 31, 2021.
8. To obtain a PPP loan, a qualifying business was required to submit a PPP loan
application, designated as an SBA Form 2483, which was signed by an authorized representative
of the business. Applications could be submitted directly to a lender, or to an intermediary such as
a loan broker that would forward the application to a lender. The PPP loan application required
the business (through its authorized representative) to acknowledge the program rules and make
certain affirmative certifications in order to be eligible to obtain the PPP loan. In the PPP loan
application, the small business (through its authorized representative) was required to state, among
other things, that it was in operation as of February 15, 2020, the number of its employees and its
average monthly payroll expenses. These figures, among other factors, determined the amount of
money the small business could borrow under the PPP. In addition, businesses applying for a PPP
loan were required to provide documents showing they were in operation during the relevant times
and showing their payroll expenses.
9. A PPP loan application was processed by a participating lender, which often was a
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financial institution, such as a bank, a financial technology company, such as an online lender, or
a small business loan company. In the course of processing the loan, the lender would transmit
data from the borrower's application, including information about the borrower, the stated number
of employees and payroll figures, and the total amount of the prospective loan, to the Small
Business Administration (SBA). If approved, the lender funded the PPP loan using its own monies,
the repayment of which was guaranteed by the SBA, and wired the loan proceeds to the account
designated by the applicant.
10. The PPP required loan proceeds to be used only for certain business expenses,
including payroll costs, mortgage interest, rent, and utilities.
Tlte Sclteme to Defra11d
11. TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J. ANDERSON, JEREMY
D. SANDERS, LAKEDA R. SANDERS, and BION A. FLINT knowingly executed, and
attempted to execute, a scheme and artifice to defraud lenders and the SBA by means of materially
false and fraudulent pretenses, representations, and promises made on and in connection with PPP
loan applications, and caused to be transmitted by means of wire and radio communication in
interstate commerce, writings, signs, signals, pictures, and sounds for the purpose of executing
such scheme or artifice and to obtain money and property to which they were not legally entitled,
as stated below ("the Scheme").
12. As part of the Scheme, TAMIKA R. CROSS provided direction and guidance to
other participants concerning how to fraudulently obtain PPP funds. She produced and provided
false documents to other participants, submitted false applications on behalf of herself and others,
and received PPP loan proceeds that had been fraudulently obtained. RONNIE E. CROSS signed
false documents, submitted and caused to be submitted false applications, and received PPP loan
proceeds that had been fraudulently obtained. DAVIDA J. ANDERSON signed false documents,
submitted and caused to be submitted false applications, received PPP loan proceeds that had been
fraudulently obtained, and paid kickbacks to TAMIKA R. CROSS. JEREMY D. SANDERS
submitted and caused to be submitted false applications and received PPP loan proceeds that had
been fraudulently obtained. LAKEDA R. SANDERS signed false documents, submitted and
caused to be submitted false applications and received PPP loan proceeds that had been
fraudulently obtained. BION A. FLINT submitted and caused to be submitted false applications
and received PPP loan proceeds that had been fraudulently obtained.
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13. As part of the Scheme, TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J.
ANDERSON, JEREMY D. SANDERS, LAKEDA R. SANDERS, and BION A. FLINT created
and attempted to create the appearance that certain businesses and sole proprietorships (the
"Purported Businesses") were genuine, had been in operation as of February I 5, 2020, had paid
employees or contractors and were otherwise qualified to receive PPP loans. Among other things,
TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J. ANDERSON, JEREMY D. SANDERS,
LAKEDA R. SANDERS, and BION A. FLINT accomplished and caused to be accomplished after
February 15, 2020 one or more of the following, all in the names of the Purported Businesses:
a. registered trade names with the Nebraska Secretary of State;
b. obtained Employee Identification Numbers from the Internal Revenue Service;
c. established web sites; and
d. set up or changed the name on business bank accounts.
14. In truth and in fact, as TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J .
ANDERSON, JEREMY D. SANDERS, LAKEDA R. SANDERS, and BION A. FLINT well
knew, the Purported Businesses were not genuine, were not in operation as of February 15, 2020
and had no paid employees or paid independent contractors during 2019 and 2020, or did not have
the number of employees, revenue or payroll expenses as represented on applications for PPP
loans. The Purported Businesses included the following:
a. Cross Montessori Angels, LLC (CMA);
b. Oscelean Cross Thrift Shop & Ronnie Cross Moving and Towing, LLC, doing business
as Ronnie Cross Moving and Trucking (OCT);
c. A Church Without Walls, LLC (CWA);
d. Tamika Cross (as a self-employed sole proprietor) (TC);
e. Ronnie Cross (as a self-employed sole proprietor) (RC);
f. Ah-Ha Consulting, LLC (AHC);
g. Davida Anderson (as a self-employed sole proprietor) (DA);
h. Any Haul Moving and Trucking, LLC (Jeremy Sanders) (AHM);
t. Jeremy Sanders (as a self-employed sole proprietor) (JS);
J. Lakeda's Fluid Art & Coco Coast Candle Company (Lakeda Sanders) (LFA); and
k. Bion Flint (as a self-employed sole proprietor) (BF).
15. It was further part of the Scheme that TAMIKA R. CROSS, RONNIE E. CROSS,
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DAVIDA J. ANDERSON, JEREMY D. SANDERS, LAKEDA R. SANDERS, and BION A.
FLINT submitted and caused to be submitted applications for PPP loans (the "Applications") that
contained material misrepresentations concerning the Purported Businesses and their operation.
Some Applications were submitted directly to lenders, and others were submitted to intermediaries
such as loan brokers that forwarded the applications to lenders, which processed the Applications
and forwarded information about them to the SBA. Among other things, TAMIKA R. CROSS,
RONNIE E. CROSS, DAVIDA J. ANDERSON, JEREMY D. SANDERS, LAKEDA R.
SANDERS, and BION A. FLINT misrepresented and caused to be misrepresented one or more of
the following material facts on PPP loan Applications:
a. that the Purported Businesses were in operation as of February 15, 2020;
b. that the Purported Businesses had employees for whom each paid salaries and payroll
taxes, or else had paid independent contractors;
c. that the Purported Businesses had specified average monthly payroll expenses;
d. that the loan proceeds would be used only for business-related purposes that were
allowed by the terms of the loan, such as business payroll, rent and utilities;
e. that each did not own any other purported business; and
( that the purported business had not and would not receive another PPP loan for the
same year; and
g. that the applicant was not subject at the time to a criminal information charging a
felony.
In truth and in fact, as TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J. ANDERSON,
JEREMY D. SANDERS, LAKEDA R. SANDERS, and BION A. FLINT well knew, none of the
Purported Businesses were in operation as of February 15, 2020; none had employees for whom
they paid salaries and payroll taxes, or had paid independent contractors; none had the specified
average monthly payroll expenses; the loan proceeds were not intended to be used, and were not
used, only for business-related purposes that were allowed by the terms of the loan, such as payroll,
rent and utilities for the applicant business; TAMIKA R. CROSS, RONNIE E. CROSS and
DAVIDA J. ANDERSON owned other purported businesses; certain of the purported businesses
did apply for and receive another PPP loan for the same year; and at the time applications were
filed, BION A. FLINT was subject to a criminal information charging him with a felony offense.
16. It was further part of the Scheme that TAMIKA R. CROSS, RONNIE E. CROSS,
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JEREMY D. SANDERS, and LAKEDA R. SANDERS created and caused various Articles of
Organization for limited liability companies, applications for trade names, and other corporate
records to be filed with the Nebraska Secretary of State, and obtained Employer Identification
Numbers. TAMIKA R. CROSS, RONNIE E. CROSS and other participants in the Scheme
subsequently used such records to, among other things, show the ownership and existence of the
Purported Businesses and to open business bank accounts where PPP funds would be received.
17. It was further part of the Scheme that TAMIKA R. CROSS, RONNIE E. CROSS
and DAVIDA J. ANDERSON created and caused to be created, at or near the time of submission,
various email accounts that were used in connection with the submission of Applications and
communications with lenders.
18. It was further part of the Scheme that TAMIKA R. CROSS, RONNIE E. CROSS,
DAVIDA J. ANDERSON, JEREMY D. SANDERS, LAKEDA R. SANDERS, and BION A.
FLINT created and caused to be created false documents to support the misrepresentations
contained in the Applications. Among other things, TAMIKA R. CROSS, RONNIE E. CROSS,
DAVIDA J. ANDERSON, JEREMY D. SANDERS, LAKEDA R. SANDERS, and BION A.
FLINT created and caused to be created false bank statements, false earnings statements, false
payroll records and false tax documents.
19. It was further part of the Scheme that TAMIKA R. CROSS, RONNIE E. CROSS,
DAVIDA J. ANDERSON, JEREMY D. SANDERS, LAKEDA R . SANDERS, and BION A.
FLINT submitted and caused to be submitted false documents in support of the Applications.
Among other things, TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J. ANDERSON,
JEREMY D. SANDERS, LAKEDAR. SANDERS, and BION A. FLINT submitted and caused to
be submitted false bank statements, false earnings statements, false payroll records and false tax
documents.
20. It was further part of the Scheme that, after receiving funds on behalf of the
Purported Businesses, TAMIKA R. CROSS, RONNIE E. CROSS, and DAVIDA J. ANDERSON
conducted and caused to be conducted transactions to create the appearance that certain payments
were for payroll or other business expenses that were permitted by the terms of the PPP loans.
21. It was further part of the scheme that PPP loan recipients, including DAVIDA J.
ANDERSON and BION A. FLINT, after receiving loan proceeds, provided to TAMIKA R.
CROSS kickback payment(s) disguised as payroll, fees or consulting fees.
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Re/eva11t Le11ders a11d Fi11a11cial /11stitutio11s
22. Lender 1 was a federally insured financial institution based in Utah. Lender 1
participated as a PPP lender to small businesses.
23. Lender 2 was a small business lending company with offices in New Jersey. Lender
2 participated in the SBA's PPP by, among other things, funding loans.
24. Lender 3 was a financial technology company with offices in California, Colorado
and in foreign countries. Lender 3 participated in the SBA's PPP by, among other things, funding
loans.
25. Lender 4 was a federally insured financial institution based in Utah. Lender 4
participated as a PPP lender to small businesses.
26. Lender 5 was a federally insured financial institution based in Oklahoma. Lender
5 participated as a PPP lender to small businesses.
27. Lender 6 was a financial technology company headquartered in Delaware and with
offices in New York and other states, but not in Nebraska. Lender 6 participat_ed in the SBA' s PPP
by, among other things, funding loans.
28. Lender 7 was a small business lending company with offices in New York and other
states, but not in Nebraska. Lender 7 participated in the SBA's PPP by, among other things,
funding loans.
29. Financial Institution 1 was a credit union located in Nebraska.
30. Financial Institution 2 was a financial institution located in Nebraska.
31. Financial Institution 3 was a financial institution located in New York with branch
locations in Nebraska.
32. Financial Institution 4 was a credit union located in Nebraska.
33. Financial Institution 5 was a credit union located in Nebraska.
PPP Loa11 Applicatio11s
34. The following are fourteen of the approximately forty-five PPP loan Applications
submitted and caused to be submitted by TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J.
ANDERSON, JEREMY D. SANDERS, LAK.EDA R. SANDERS, and BION A . FLINT in
furtherance of the Scheme.
PPP Loa11 Applicatio11 Submitted to Le11der 1
35. On or about April 30, 2020, TAMIKA R. CROSS caused an electronic PPP
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application in the name of CMA to be submitted that was provided to Lender 1. The PPP
application requested $20,832 to support CMA's purported operation. In the application,
TAMIKA R. CROSS falsely affirmed or caused to be falsely affirmed, among other information,
that: (i) CMA was in operation on February 15, 2020 and had employees for whom it paid salaries
and payroll taxes or paid independent contractors; (ii) the funds would be used to retain workers
and maintain payroll or make other payments, all as specified under the PPP Rules; and (iii) CMA
had ten employees and an average monthly payroll of $8,333.
36. The CMA PPP application appended as supporting documentation: (i) a false and
fraudulent purported IRS Form Schedule C (Profit or Loss From Business) for the year 2019
claiming that CMA had gross receipts of $360,000 and a net profit of $360,000 in 2019; and (ii)
false earnings statements from CMA for 2019 and January-February 2020.
37. Lender 1 agreed to make the requested PPP loan. On or about May 4, 2020, Lender
1 sent a wire transfer in the amount of $20,832 to an account created by TAMIKA R. CROSS and
designated by her to receive PPP loan proceeds for CMA, specifically, account number XX-3122
at Financial Institution 1 in Nebraska.
PPP Loa11 Applicatio11 Submitted to Le11der 2
38. On or about May 20, 2020, TAMIKA R. CROSS caused an electronic PPP
application in the name of CWW to be submitted that was provided to Lender 2. The PPP
application requested $37,500 to support CWW's purported operation. In the application,
TAMIKA R. CROSS falsely affirmed or caused to be falsely affirmed, among other information,
that: (i) CWW was in operation on February 15, 2020 and had employees for whom it paid salaries
and payroll taxes or paid independent contractors; (ii) the funds would be used to retain workers
and maintain payroll or make other payments, all as specified under the PPP Rules; (iii) during the
period from February 15, 2020 to December 31, 2020, the Applicant (CWW) had not and would
not receive another loan under the PPP Program; and (iv) CWW had ten employees and an average
monthly payroll of $15,000.
39. The CWW PPP application appended as supporting documentation: (i) a false and
fraudulent IRS Form Schedule C (Profit or Loss From Business) for the year 2019 claiming that
CWW had gross receipts of $779,166 and a net profit of $183,000 in 2019; (ii) a false and
fraudulent IRS Form 944, Employer's Annual Federal Tax Return, claiming that CWW paid a
total of $180,000 in wages during 2019; and (iii) four false and fraudulent IRS Form 941s,
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Employer's Quarterly Federal Tax Return, claiming that CWW paid $45,000 in wages during each
quarter of 2019.
40. Lender 2 agreed to make the requested PPP loan. On or about August 14, 2020,
Lender 2 sent a wire transfer in the amount of $37,500 to an account created by TAMIKA R.
CROSS and designated by her to receive PPP loan proceeds for CWW, specifically, account
number XX-1981 at a branch of Financial Institution 2 in Nebraska.
PPP Loa11 Applicatio11 Submitted to Lender 3
41. On or about May 27, 2020, RONNIE E. CROSS caused an electronic PPP
application in the name of OCT to be submitted that was provided to Lender 3. The PPP
application requested $20,000 to support OCT's purported operation. In the application, RONNIE
E. CROSS falsely affirmed or caused to be falsely affirmed, among other information, that: (i)
OCT was in operation on February 15, 2020 and had employees for whom it paid salaries and
payroll taxes or paid independent contractors; (ii) the funds would be used to retain workers and
maintain payroll or make other payments, all as specified under the PPP Rules; and (iii) OCT had
two employees and an average monthly payroll of $8,000.
42. The OCT PPP application appended as supporting documentation: (i) false and
fraudulent purported Earnings Statements claiming that OCT paid RONNIE E. CROSS a gross
salary of $15,000 per month during January to March, 2020; (ii) a false and fraudulent bank
statement for OCT for the period February 1 through February 29, 2020 from Financial Institution
3; (iii) a false and fraudulent IRS Form 944, Employer's Annual Federal Tax Return, claiming that
OCT paid a total of$135,000 in wages during 2019; and (iv) a false and fraudulent IRS Form 941,
Employer's Quarterly Federal Tax Return, claiming that OCT paid $135,000 in wages during the
first three months of 2019.
43. Lender 3 agreed to make the requested PPP loan. On or about June 4, 2020, Lender
3 caused a wire transfer to be sent in the amount of $20,000 to an account created by RONNIE E.
CROSS and designated by him to receive PPP loan proceeds for OCT, specifically, account
number XX-0651 at a branch of Financial Institution 3 in Nebraska.
PPP Loa11 ApjJ/icatio11 S11bmitted to Le11der 4
44. On or about May 28, 2020, TAMIKA R. CROSS caused an electronic PPP
application in the name of CWW to be submitted that was provided to Lender 4. The PPP
application requested $43,125 to support CWW' s purported operation. In the application,
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TAMIKA R. CROSS falsely affirmed or caused to be falsely affirmed, among other information,
that: (i) CWW was in operation on February 15, 2020 and had employees for whom it paid salaries
and payroll taxes or paid independent contractors; (ii) that the funds would be used to retain
workers and maintain payroll or make other payments, all as specified under the PPP Rules; and
(iii) CWW had two employees and an average monthly payroll of$17,250.
45. The CWW PPP application appended as supporting documentation: (i) a false and
fraudulent bank statement for CWW for the period February 1 through February 29, 2020 from
Financial Institution 3; (ii) a false and fraudulent IRS Form 944, Employer's Annual Federal Tax
Return, claiming that CWW paid a total of $180,000 in wages during 2019; (iii) four false and
fraudulent IRS Form 941s, Employer's Quarterly Federal Tax Return, claiming that CWW paid
$45,000 in wages during each quarter of 2019.
46. Lender 4 agreed to make the requested PPP loan. On or about May 29, 2020,
Lender 4 sent a wire transfer in the amount of $43,125 to an account created by TAMIKA R.
CROSS and designated by her to receive PPP loan proceeds for CWW, specifically, account
number XX-4062 at a branch of Financial Institution 3 in Nebraska.
PPP Loan Applicatio11 Submitted to Lender 1
47. On or about June 18, 2020, DAVIDA J. ANDERSON caused an electronic PPP
application in the name of AHC to be submitted that was provided to Lender 1. The PPP
application requested $58,332 to support AHC's purported operation. In the application, DAVIDA
J. ANDERSON falsely affirmed or caused to be falsely affirmed, among other information, that:
(i) AHC was in operation on February 15, 2020 and had employees for whom it paid salaries and
payroll taxes or paid independent contractors; (ii) the funds would be used to retain workers and
maintain payroll or make other payments, all as specified under the PPP Rules; (iii) DAVIDA J.
ANDERSON did not own any other business; and (iv) AHC had two employees and an average
monthly payroll of $23,333.
48. The AHC PPP application appended as supporting documentation a false and
fraudulent IRS Form 944, Employer's Annual Federal Tax Return, claiming that AHC paid a total
of $279,996 in wages during 2019.
49. Lender 1 agreed to make the requested PPP loan. On or about June 30, 2020,
Lender I caused a wire transfer in the amount of $58,332 to be sent to an account created by
DAVIDA J. ANDERSON and designated by her to receive PPP loan proceeds for AHC,
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specifically, account number :XX-8603 at a branch of Financial Institution 1 in Nebraska.
PPP Loa11 Applicatio11 S11bmitted to Le11der 2
50. On or about June 22, 2020, TAMIKA R. CROSS caused an electronic PPP
application in the name of TC to be submitted that was provided to Lender 2. The PPP application
requested $20,000 to support TC's purported operation. In the application, TAMIKA R. CROSS
falsely affirmed or caused to be falsely affirmed, among other information, that: (i) TC was in
operation on February 15, 2020 and had employees for whom she paid salaries and payroll taxes
or paid independent contractors; (ii) the funds would be used to retain workers and maintain payroll
or make other payments, all as specified under the PPP Rules; and (iii) TC had two employees and
an average monthly payroll of $8,038.
51. The TC PPP application appended as supporting documentation: (i) a false and
fraudulent bank statement for TC for the period February 1 through February 31, 2020 from
Financial Institution 1; (ii) a false and fraudulent IRS Form Schedule C (Profit or Loss From
Business) for the year 2019 claiming that TC had gross receipts of $180,000 and a net profit of
$165,000 in 2019; and (iii) a second false and fraudulent IRS Form Schedule C (Profit or Loss
From Business) for the year 2019 claiming that TC had gross receipts of $97,000 and a net profit
of $97,000 in 2019.
52. Lender 2 agreed to make the requested PPP loan. On or about August 7, 2020,
Lender 2 sent a wire transfer in the amount of $20,000 to an account created by TAMIKA R.
CROSS and designated by her to receive PPP loan proceeds for TC, specifically, account number
:XX-8884 at a branch of Financial Institution 1 in Nebraska.
PPP Loan App/icatio11 S11bmitted to Le11der 2
53. On or about August 4, 2020, DAVIDA J. ANDERSON caused an electronic PPP
application in the name of DA to be submitted that was provided to Lender 2. The PPP application
requested $20,100 to support DA's purported operation. In the application, DAVIDA J.
ANDERSON falsely affirmed or caused to be falsely affirmed, among other information, that: (i)
DA was in operation on February 15, 2020 and had employees for whom she paid salaries and
payroll taxes or paid independent contractors; (ii) the funds would be used to retain workers and
maintain payroll or make other payments, all as specified under the PPP Rules; (iii) DAVIDA J.
ANDERSON did not own any other business; and (iv) DA had three employees and an average
monthly payroll of $8,041.
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54. The DA PPP application appended as supporting documentation: (i) a false and
fraudulent IRS Form Schedule C (Profit or Loss From Business) for the year 2019 claiming that
Home Health Care was DA's principal business, that she had gross receipts of $97,000 and a net
profit of $96,500 in 2019; and (ii) a false and fraudulent IRS Form 1099-MISC, Miscellaneous
Income, claiming that LBS 1000 paid to DA a total of $97,000 in compensation during 2019.
55. Lender 2 agreed to make the requested PPP loan. On or about August 26, 2020,
Lender 2 sent a wire transfer in the amount of $20,100 to an account created by DAVIDA J.
ANDERSON, specifically, account number XX-8603 at a branch of Financial Institution 1 m
Nebraska.
PPP Loa11 Applicatio11 Submitted to Lender 2
56. On or about January 19, 2021, TAMIKA R. CROSS caused an electronic PPP
application (Second Draw) in the name of CWW to be submitted that was provided to Lender 2.
The PPP application requested $37,500 to support CWW's purported operation. In the application,
TAMIKA R. CROSS falsely affirmed or caused to be falsely affirmed, among other information,
that: (i) CWW was in operation on February 15, 2020, had not permanently closed and had
employees for whom it paid salaries and payroll taxes or paid independent contractors; (ii) the
funds would be used to retain workers and maintain payroll or make other payments, all as
specified under the PPP Rules; (iii) CWW received a first draw PPP loan and used the funds only
for eligible expenses; and (iv) CWW had ten employees and an average monthly payroll of
$15,000.
57. The CWW PPP application appended as supporting documentation: (i) a false and
fraudulent IRS Form Schedule C (Profit or Loss From Business) for the year 2019 claiming that
CWW had gross receipts of $779,166 and a net profit of $183,000 in 2019; (ii) a false and
fraudulent IRS Form 944, Employer's Annual Federal Tax Return, claiming that CWW paid a
total of $180,000 in wages during 2019; and (iii) four false and fraudulent IRS Form 941s,
Employer's Quarterly Federal Tax Return, claiming that CWW paid $45,000 in wages during each
quarter of 2019.
58. Lender 2 agreed to make the requested PPP loan. On or about February 17, 2021,
Lender 2 sent a wire transfer in the amount of $37,500 to an account created by TAMIKA R.
CROSS and designated by her to receive PPP loan proceeds for CWW, specifically, account
number XX-1981 at a branch of Financial Institution 2 in Nebraska.
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PPP Loan Applicatio11 Submitted to Lender 4
59. On or about January 25, 2021, TAMIKA R. CROSS caused an electronic PPP
application (Second Draw) in the name of CWW to be submitted that was provided to Lender 4.
The PPP application requested $43,125 to support CWW's purported operation. In the application,
TAMIKA R. CROSS falsely affirmed or caused to be falsely affirmed, among other information,
that: (i) CWW was in operation on February 15, 2020, had not permanently closed and had
employees for whom it paid salaries and payroll taxes or paid independent contractors; (ii) the
funds would be used to retain workers and maintain payroll or make other payments, all as
specified under the PPP Rules; (iii) CWW received a first draw PPP loan and used the funds only
for eligible expenses; and (iv) CWW had two employees and an average monthly payroll of
$17,250.
60. The CWW PPP application appended as supporting documentation: (i) false and
fraudulent bank statements for CWW for the periods ending February 29, 2020 and December 31,
2020 from Financial Institution 2; (ii) four false and fraudulent IRS Form 941s, Employer's
Quarterly Federal Tax Return, claiming that CWW paid $45,000 in wages during each quarter of
2019.
61. Lender 4 agreed to make the requested PPP loan. On or about February 18, 202 l,
Lender 4 sent a wire transfer in the amount of $43,125 to an account created by TAMIKA R.
CROSS and designated by her to receive PPP loan proceeds for CWW, specifically, account
number :XX-1981 at a branch of Financial Institution 2 in Nebraska.
PPP Loan Applicatio11 Submitted to Lender 5
62. On or about February 10, 2021, RONNIE E. CROSS caused an electronic PPP
application (Second Draw) in the name of RC to be submitted that was provided to Lender 5. The
PPP application requested $20,000 to support RC's purported operation. In the application,
RONNIE E. CROSS falsely affirmed or caused to be falsely affirmed, among other information,
that: (i) RC was in operation on February 15, 2020, had not permanently closed and was either an
eligible self-employed individual, independent contractor, or sole proprietorship with no
employees, or had employees for whom he paid salaries and payroll taxes or paid independent
contractors; (ii) the funds would be used to retain workers and maintain payroll or make other
payments, all as specified under the PPP Rules; (iii) RC received a first draw PPP loan and used
the funds only for eligible expenses; and (iv) RC had one employee and an average monthly payroll
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of$8,000.
63. The RC PPP application appended as supporting documentation: (i) a false and
fraudulent bank statement for RC for the period ending February 29, 2020 from Financial
Institution 4; (ii) a false and fraudulent IRS Form 1099-MISC, Miscellaneous Income, claiming
that RC Associates paid a total of $96,000 in non-employee compensation to RC during 2019; and
(iii) a false and fraudulent IRS Form Schedule C, Profit or Loss from Business, claiming that RC
had gross receipts of$180,000 and a net profit of$165,000 during 2019.
64. Lender 5 agreed to make the requested PPP loan. On or about February 18, 2021,
Lender 5 sent a wire transfer in the amount of $20,000 to an account created by RONNIE E.
CROSS and designated by him to receive PPP loan proceeds for RC, specifically, account number
XX-1936 at a branch of Financial Institution 4 in Nebraska.
PPP Loa11 Applicatio11 Submitted to Lender 6
65. On or about February 13, 2021, TAMIKA R. CROSS caused an electronic PPP
application (Second Draw) in the name of CMA to be submitted that was provided to Lender 6.
The PPP application requested $100,000 to support CMA' s purported operation. In the application,
TAMIKA R. CROSS falsely affirmed or caused to be falsely affirmed, among other information,
that: (i) CMA was in operation on February 15, 2020, had not permanently closed and had
employees for whom it paid salaries and payroll taxes or paid independent contractors; (ii) the
funds would be used to retain workers and maintain payroll or make other payments, all as
specified under the PPP Rules; (iii) CMA received a first draw PPP loan and used the funds only
for eligible expenses; and (iv) CMA had five employees and an average monthly payroll of
$40,000.
66. The CMA PPP application appended as supporting documentation: (i) false and
fraudulent bank statements for CMA for the period August 2020 to January 2021 from Financial
Institution 2; (ii) a false and fraudulent purported IRS Form 940, Employer's Annual Federal
Unemployment Tax Return for the year 2019, claiming that CMA paid $480,000 to employees in
2019; and (iii) and a false and fraudulent purported IRS Form 941, Employer's Quarterly Federal
Tax Return, claiming that CMA paid $180,000 to five employees in the first quarter of 2019.
67. Lender 6 agreed to make the requested PPP loan. On or about March 4, 2021,
Lender 6 sent a wire transfer in the amount of $100,000 to an account created by TAMIKA R.
CROSS and designated by her to receive PPP loan proceeds for CMA, specifically, account
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number XX-1114 at Financial Institution 2 in Nebraska.
PPP Loa11 Applicatio11 Submitted to Leuder 1
68. On or about May 19, 2020, JEREMY D. SANDERS caused an electronic PPP
application in the name of AHM to be submitted that was provided to Lender 1. The PPP
application requested $20,690 to support AHM' s purported operation. In the application, JEREMY
D. SANDERS falsely affirmed or caused to be falsely affirmed, among other information, that: (i)
AHM was in operation on February 15, 2020 and had employees for whom it paid salaries and
payroll taxes or paid independent contractors; (ii) the funds would be used to retain workers and
maintain payroll or make other payments, all as specified under the PPP Rules; and (iii) AHMT
had ten employees and an average monthly payroll of $8,276.
69. The AHM PPP application appended as supporting documentation false and
fraudulent earnings statements claiming that AHM paid gross wages of $206,000 to JEREMY D.
SANDERS during 2019.
70. Lender 1 agreed to make the requested PPP loan. On or about May 21, 2020,
Lender 1 sent a wire transfer in the amount of $20,690 to an account created by JEREMY D.
SANDERS and designated by him to receive PPP loan proceeds for AHM, specifically, account
number X:X-5385 at Financial Institution 1 in Nebraska.
PPP Loa11 Applicatio11 Submitted to Le11der 7
71. On or about January 21, 2021, LAKEDA R. SANDERS caused an electronic PPP
application in the name of LFA to be submitted that was provided to Lender 7. The PPP
application requested $20,000 to support LFA's purported operation. In the application, LAKEDA
R. SANDERS falsely affirmed or caused to be falsely affirmed, among other information, that: (i)
LFA was in operation on February 15, 2020 and had employees for whom it paid salaries and
payroll taxes or paid independent contractors; (ii) the funds would be used to retain workers and
maintain payroll or make other payments, all as specified under the PPP Rules; and (iii) LFA had
two employees and an average monthly payroll of $8,000.
72. The LFA PPP application appended as supporting documentation: (i) a false and
fraudulent purported IRS Form Schedule C (Profit or Loss From Business) for the year 2019
claiming that LFA had gross receipts of $96,000 and a net profit of $96,000 in 2019; and (ii) a
false and fraudulent bank statement for LFA, claiming total deposits of $125,883.63 during
February 2019 into LFA's purported bank account.
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73. Lender 7 agreed to make the requested PPP loan. On or about February 23, 2021,
Lender 7 sent a wire transfer in the amount of $20,000 to an account created by LAKEDA R.
SANDERS and designated by her to receive PPP loan proceeds for LFA, specifically, account
number XX-4907 at Financial Institution 1 in Nebraska.
PPP Loan Applicatio11 Submitted to Le11der 5
74. On or about February 25, 2021, BION A. FLINT caused an electronic PPP
application in the name of BF to be submitted that was provided to Lender 5. The PPP application
requested $20,000 to support BF's purported operation. In the application, BION A. FLINT falsely
affirmed or caused to be falsely affirmed, among other information, that: (i) BF was in operation
on February 15, 2020; (ii) the funds would be used to retain workers and maintain payroll or make
other payments, all as specified under the PPP Rules; and (iii) BF had an average monthly payroll
of $8,000.
75. The BF PPP application appended as supporting documentation: (i) a false and
fraudulent purported IRS Form Schedule C (Profit or Loss From Business) for the year 2019
claiming that BF had gross receipts of $96,000 and a net profit of $96,000 in 2019; and (ii) a false
and fraudulent IRS Form 1099-MISC, Miscellaneous Income, claiming that DPB Auto paid to BF
a total of $96,000 in compensation during 2019.
76. Lender 5 agreed to make the requested PPP loan. On or about March I, 2020,
Lender 5 sent a wire transfer in the amount of $20,000 to an account created by BION A. FLINT
and designated by him to receive PPP loan proceeds for BF, specifically, account number XX-
2563 at Financial Institution 5 in Nebraska.
Scope ofthe Co11spiracy
77. As part of the conspiracy, TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J.
ANDERSON, JEREMY D. SANDERS, LAKEDA R. SANDERS, and BION A. FLINT submitted
fraudulent Applications seeking PPP loans in the amount of at least $2,694,732.00, and obtained
PPP loans in the amount of approximately $610,803.00.
All in violation of Title 18, United States Code, Section 1349.
COUNTS II-IX
Wire Fraud
78. Paragraphs 3 through 77 of Count One of this Indictment are re-alleged and
incorporated as if fully set forth herein, and set forth a scheme and artifice to defraud.
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79. On or about the dates set forth below, in the District of Nebraska and elsewhere,
the defendants, TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J. ANDERSON, JEREMY
D. SANDERS, LAKEDA R. SANDERS, and BION A. FLINT, having 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, and for the purpose of executing such scheme
and artifice and attempting to do so, did knowingly transmit and cause to be transmitted by means
of wire communication in interstate commerce the writings, signs, signals, and pictures described
below for each count, and did aid and abet the same, as follows:
All in violation of Title 18, United States Code, Sections 1343 and 2.

Count Defendant Date Description of Wire
II TAMIKAR. August 14, !Wire transfer of $37,500 from Lender 2 in New Jerset to
CROSS 2020 account number XX-1981 at a branch of Financial
nstitution 2 in Nebraska
III RONNIEE. June 4, 2020 Wire transfer of $20,000 originated by Lender 3 in
CROSS Colorado to account number XX-0651 at a branch of
~inancial Institution 3 in Nebraska
IV DAVIDAJ. June 30, 2020 Wire transfer of $58,332 originated by Lender 1 in Utah
ANDERSON ko account number XX- 8603 at a branch of Financial
nstitution 1 in Nebraska.
V TAMIKAR. February I 8, Wire transfer of $43,125 from Lender 4 in Utah to
CROSS 2021 account number XX-1981 at a branch of Financial
nstitution 2 in Nebraska
VI RONNIEE. February 18, Wire transfer in the amount of $20,000 from Lender 5 to
CROSS 2021 account number XX-1936 at a branch of Financial
nstitution 4 in Nebraska
VII JEREMYD. May 21, 2020 Wire transfer in the amount of $20,690 from Lender 1 to
SANDERS account number XX-5385 at a branch of Financial
nstitution 1 in Nebraska
VIII LAK.EDAR. February 23, !Wire transfer in the amount of $20,000 from Lender 7 to
SANDERS 2021 account number XX-4907 at a branch of Financial
nstitution 1 in Nebraska
IX BION A. March 1, Wire transfer in the amount of $20,000 from Lender 5 to
FLINT 2021 account number XX-2563 at a branch of Financial
nstitution 5 in Nebraska

COUNTS X-XVI
Money Laundering
80. On or about the dates set forth below, in the District of Nebraska and elsewhere,
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the defendants, TAMIKA R. CROSS, RONNIE CROSS and DAVIDA J. ANDERSON, did
knowingly engage and attempt to engage in a monetary transaction by, through or to a financial
institution, affecting interstate commerce, in criminally derived property of a value greater than
$10,000, as set forth below, and did aid and abet the same, such property having been derived from
a specified unlawful activity, that is: Wire Fraud and Conspiracy to Commit Wire Fraud, as alleged
in Counts I through VI, in violation of Title 18, United States Code, Sections 1343, 1349 and 2.
Count Defendant Date Description of Transaction
X TAMIKAR. May 29, 2020 Transfer of $43,100 from CWW business
CROSS •account, account number XX-4062 at
Financial Institution 3, to TAMIKA R.
CROSS personal account, account number
XX-1654, at Financial Institution 3
XI TAMIKAR. June 3, 2020 Withdrawal of $20,000 from TAMIKA R.
CROSS CROSS personal account, account number
XX-1654, at Financial Institution 3
XII RONNIEE. June 8, 2020 Withdrawal of $15,000 from OCT business
CROSS account, account number XX-0651, at
Financial Institution 3
XIII TAMIKAR. August 19, 2020 Transfer of $20,000 from CWW business
CROSS account, account number XX-4901 at
Financial Institution 1, to TAMIKA R.
CROSS personal account, account number
XX-8884, at Financial Institution 1
XIV DAVIDAJ. August 21, 2020 Negotiated check for $35,000 payable to
ANDERSON Davida Anderson from AHC business
account, account number XX-8603, at
Financial Institution 1
xv DAVIDAJ. October 1, 2020 Negotiated check for $17,000 payable to
ANDERSON Davida Anderson from AHC business
account, account number XX-8603, at
Financial Institution 1
XVI RONNIEE. February 9, 2021 Purchase of a vehicle from Motion Auto
CROSS and Sales for $11 ,180 in cash.
TAMIKAR.
CROSS

All in violation of Title 18, United States Codes, Sections 1957 and 2.

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FORFEITURE ALLEGATION

I. The allegations contained in this Indictment are hereby realleged and incorporated by

reference for the purpose of alleging forfeiture pursuant to Title 18, United States Code, Sections

98l(a)(l)(C) and 982(a)(2)(A).

2. Upon conviction of one or more of the offenses set forth in Counts I-VI of this Indictment,

the defendants, TAMIKA R. CROSS, RONNIE E. CROSS, DAVIDA J. ANDERSON, JEREMY

D. SANDERS, LAKEDA R. SANDERS, and BION A. FLINT, shall forfeit to the United States

of America, pursuant to Title 18, United States Code, Section 982(a)(2), any property constituting,

or derived from, proceeds the defendant obtained directly or indirectly, as the result of such

violation. The property to be forfeited includes, but is not limited to, the following:

a. $887.64 seized from account number xxxxl 981 at Access Bank;

b. $170.24 seized from account number xxxxl 114 at Access Bank;

c. $1,019.61 seized from account number xxxx3431936 in the name of Ronnie

Cross (TIN: xxx-xx-7865) at Cobalt Credit Union;

d. A money judgment in an amount equal to the proceeds obtained as a result of the

offenses.

3. 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;

it is the intent of the United States of America, pursuant to Title 21, United States Code, Section
853(p), as incorporated by Title 18, United States Code, Section 982(b)(l), to seek forfeiture of

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any other property of the defendant up to the value of the property described above as being subject
to forfeiture.
All pursuant to 18 U.S.C. § 981(a)(l)(~). 18 U.S.C. § 982(a)(2)(A), 28 U.S.C. § 2461(c),
and Rule 32.2(a), Federal Rules of Criminal Procedure.

A TRUE ~ILL. / ~

FOREPERSON

The United States of America requests that trial of this case be held in Omaha, Nebraska,
pursuant to the rules of this Court.

.,. - ... - -· ··- --

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