Indictment — United States v. Jeffrey Boylett, Northern District of Indiana

Summary

Indictment filed November 17, 2021 as Document 1 in Case 2:21-cr-00154-JD-JPK, United States of America v. Jeffrey Boylett, United States District Court, Northern District of Indiana, Hammond Division. The grand jury charges that from approximately April 2020 to July 2020 the defendant devised a scheme to defraud the SBA by applying for and receiving grant and loan funds for a fictitious business, and alleges that the defendant collected approximately $109,900 in proceeds. Counts 1-4 list wire communications on April 10, 2020, June 15, 2020, June 26, 2020 and July 7, 2020, including receipts by ACH payment of $104,900 and $5,000. The indictment includes forfeiture allegations and cites Title 18, United States Code, Section 1343. It is six pages.

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USDC IN/ND case 2:21-cr-00154-JD-JPK documenti_ filed 11/17/21 pagei1iof6

UNITED STATES DISTRICT COURT py 4 7
NORTHERN DISTRICT OF INDIANA 2021

HAMMOND DIVISION TBE Ce

U.S. DISTRICT COUR
NORTHERN DISTRICT GF INDIANA

UNITED STATES OF AMERICA )
) CAUSE NO.
) 18 U.S.C. § 1348 ;
JEFFREY BOYLETT )
INDICTMENT

THE GRAND JURY CHARGES:
At time material to this Indictment:

1. The Small Business Administration (SBA) was a federal agency
that provided financial support to small businesses to help them recover after
disasters.

2. One of the programs SBA administered during the presidentially
declared emergency caused by the COVID-19 pandemic was the Economic
Injury Disaster Loan (EIDL) program.

3. Under the EIDL program, the SBA provided low-interest loans to
small businesses affected by the COVID-19 pandemic. EIDL funds were to be
used for payroll expenses, sick leave, production costs, and business

obligations, such as debts, rent, and mortgage payments.
USDC IN/ND case 2:21-cr-00154-JD-JPK documenti_ filed 11/17/21 page 2of6

A, To obtain EIDL money, an authorized representative of a
qualified business was required to submit an intake application form to SBA
through an online portal.

5. In the electronic application form, an applicant was required to
provide information about their business’s operations, including the number
of employees, gross revenue for the 12-month period preceding the disaster,
and cost of goods sold in the 12-month period before the disaster.

6. For a business to be eligible for an EIDL, it must have been in
operation before February 1, 2020.

7. An EIDL applicant was also required to certify that all of the
information in the application form was true and correct. The applicant was
notified that false statements could result in criminal penalties.

8. An EIDL applicant was also eligible to receive money from SBA
in the form of a grant that did not need to be repaid.

9. Approval of an EIDL application and the amount of any grant or
loan was based on the information provided on the application form.

10. SBA disbursed EIDL funds to a successful applicant’s bank
account via ACH payment from the U.S. Treasury Department.

SCHEME TO DEFRAUD

11. From approximately April 2020 to July 2020, in the Northern
District of Indiana and elsewhere, Jeffery Boylett (hereinafter Defendant

2
USDC IN/ND case 2:21-cr-00154-JD-JPK documenti_ filed 11/17/21 page 3of6

Boylett), knowingly devised and participated in a scheme to defraud SBA by
applying for and receiving SBA grant and loan funds for a fictious business.

PURPOSE OF SCHEME

12. The purpose of the scheme was to obtain money from SBA by
means of materially false and fraudulent pretenses, representations, and

promises, and by concealment of material facts.

MANNER AND MEANS

13. It was part of the scheme that Defendant Boylett used the
internet to submit a fraudulent SBA intake application form to obtain EIDL
funds on behalf of a fictitious business, he called “Bills”.

14. It was further part of the scheme that in response to questions on
the application form, he filled in responses to make it appear that the
fictional business, “Bills”, was engaged in “health services”; that it had “5”
employees and gross revenue of “$240,000”; and that it had existed since
“3/2/1999”, when in fact the business did not exist.

15. It was further part of the scheme that Defendant Boylett affixed
his e-signature to a KIDL loan agreement on behalf of “Bills” as its
owner/officer, when in fact he owned no such company.

16. It was further part of the scheme that Defendant Boylett
collected approximately $109,900 in proceeds from the SBA to which he was

not entitled.
USDC IN/ND case 2:21-cr-00154-JD-JPK documenti_ filed 11/17/21 page 4of6

USE OF THE WIRES IN SCHEME TO DEFRAUD

17. Throughout the scheme to defraud, Defendant Boylett knowingly

caused the use of interstate wires.

COUNTS 1-4

18. Paragraphs 1-17 are incorporated here.

19. Onor about the following dates in the Northern District of
Indiana and elsewhere;

JEFFREY BOYLETT,

having knowingly and intentionally devised and participated in the scheme
and artifice to defraud described above, did knowingly send and cause to be
sent by wire communications in interstate commerce, certain writings, signs,
and signals for the purpose of executing and attempting to execute the

scheme and artifice to defraud, including the following:

ON OR ABOUT | VIRING

1 April 10, 2020 Submission of fraudulent SBA Intake
Application #..5352) via the internet

2 June 15, 2020 Submission of fraudulent loan agreement
#...7910) via the internet

3 June 26, 2020 Receipt via electronic ACH payment of SBA

funds in the amount of $104,900 into
checking account (#...4779)

4 July 7, 2020 Receipt via electronic ACH payment of SBA
funds in the amount of $5,000 into checking

All in violation of Title 18, United States Code, Section 13438.

4
USDC IN/ND case 2:21-cr-00154-JD-JPK documenti1_ filed 11/17/21 page5of6

FORFEITURE ALLEGATIONS

1. The allegations contained in Counts 1-4 of this Indictment are hereby
realleged and by this reference fully incorporated herein for the purpose of
alleging forfeiture to the United States of America pursuant to Title 18,
United States Code, Section 981(a)(1)(C) and Title 28, United States Code,
Section 2461(c).
2. Upon conviction of the offenses in violation of Title 18, United States
Code, Section 1343, alleged in Counts 1-4 of the Indictment, the defendant
shall forfeit to the United States of America pursuant to Title 18, United
States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section
2461(c), any property, real or personal, which constitutes or is derived from
proceeds traceable to the offense(s).
3. Upon conviction of an offense set forth in in this Indictment, the
government will seek a money judgment in the amount of proceeds received
for the defendant’s participation in the alleged scheme.
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;
USDC IN/ND case 2:21-cr-00154-JD-JPK documenti_ filed 11/17/21 page 6of6

d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be
divided without difficulty,
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).
All pursuant to 18 U.S.C. §981(a)(1)(C) and 28 U.S.C. § 2461(C).
A TRUE BILL:

/s/ Foreperson.

FOREPERSON

CLIFFORD D. JOHNSON
UNITED STATES ATTORNEY

BY: _/s/ Molly Kelley
Molly Kelley
Tom McGrath
Assistant United States Attorneys


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