Indictment — United States v. Amber L. Bolen, No. 21-30013 (Dkt. 1, C.D. Ill.)

Summary

A five-count indictment in United States v. Amber L. Bolen, Case No. 21-30013, in the U.S. District Court for the Central District of Illinois, filed as Document 1. It charges Bolen with three counts of wire fraud and two counts of fraud in connection with major disaster or emergency benefits. The grand jury alleges that Bolen submitted an EIDL application on July 15, 2020 for a business called "amber bolen" that falsely stated the business had been owned since February 15, 2013, was in the transportation industry, employed 11 people as of January 31, 2020 and had gross revenues of $91,258 for the prior twelve months. It alleges that on July 17, 2020 the SBA began transferring $41,500 from the United States Treasury to Bolen's account at Woodforest National Bank; a footnote gives the loan as $41,500 plus a $100 UCC handling charge, a total of $41,600.

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3:21-cr-30013-SEM-KLM #1 Page1of7
g E-FILED

Thursday, 04 February, 202:1-09:25:14 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT FEB -3 21
CENTRAL DISTRICT OF ILLINOIS

SPRINGFIELD DIVISION Os Dis
UNITED STATES OF AMERICA, _ )
)
Plaintiff, ) Case No. 21- 30013
)
Vv. ) 18 U.S.C. § 1343
) Wire Fraud
AMBER L. BOLEN, ) (Counts 1-3)
)
) 18 U.S.C. § 1040
Defendant. ) Fraud in Connection With
) Major Disaster or Emergency
) Benefits
) (Counts 4-5)
INDICTMENT
COUNTS ONE - THREE
(Wire Fraud)

THE GRAND JURY CHARGES:
1. Beginning on or about July 15, 2020, and continuing until at
least July 28, 2020 and after, in Springfield, Illinois in the Central District of

Illinois and elsewhere,

AMBER L. BOLEN,

the defendant herein, knowingly participated in a scheme and artifice to defraud
and for obtaining money and property by means of materially false and

fraudulent pretenses, representations, and promises.
3:21-cr-30013-SEM-KLM #1 Page 2of7

Background

2. Atall times material to this indictment, the defendant was a resident of
Springfield, Illinois and claimed to be the owner of a business called “amber
bolen” located at 1912 Gregory Court, Springfield, Illinois.

3. The United States Small Business Administration (SBA) is an executive
branch agency of the United States government that provides support to
entrepreneurs and small businesses. The mission of the SBA is to maintain and
strengthen the nation's economy by enabling the establishment and viability of
small businesses and by assisting in the economic recovery of communities after
disasters.

4. As part of this effort, the SBA enables and provides for loans through
banks, credit unions and other lenders. These loans have government-backed
guarantees. The CARES Act, which was signed into law in March 2020,
established several new temporary programs and provided for the expansion of
others to address the COVID-19 outbreak.

5. One of the programs modified in response to the COVID-19 outbreak
was an expansion of an existing disaster-related program - the Economic Injury
Disaster Loan (EIDL) - to provide for loan assistance for small businesses and
other eligible entities for loans up to $2 million. The EIDL proceeds can be used

to pay fixed debts, payroll, accounts payable and other bills that could have been
paid had the disaster not occurred; however, such loan proceeds are not
intended to replace lost sales or profits or for expansion of a business. The
CARES Act specifically expanded eligibility for the EIDL program to assist
business entities that suffered “substantial economic injury” from COVID-19 and
changed the definition of disaster to include “an emergency involving Federal
primary responsibility determined to exist by the President under section
5191(b)” of the Stafford Act. Previously, on March 13, 2020, the President had
declared that the ongoing COVID-19 pandemic was an emergency under Section
501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
US.C. §5121-5207. After March 13, 2020, the President approved major disaster
declaration requests under the Stafford Act for all 50 states, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands (authorized under Stafford Act
Section 401).

6. Unlike certain other types of SBA-guaranteed loans, EIDL funds are
issued directly from the United States Treasury and applicants apply through the
SBA via an online portal and application. The EIDL application process, which
also uses certain outside contractors for system support, collects information
concerning the business and the business owner, including information as to the

gross revenues for the business prior to January 31, 2020; the cost of goods
sold; and information as to any criminal history of the business owner.
Applicants electronically certify that the information provided is accurate and
are warned that any false statement or misrepresentation to the SBA or any
misapplication of loan proceeds may result in sanctions, including criminal
penalties. The EIDL Loan Authorization and Agreement (LA&A) also contains
various terms and certifications to include, “ All representations in the Borrower's
Loan application (including all supplementary submissions) are true,

correct and complete and are offered to induce SBA to make this Loan.”

Scheme to Defraud

7. It was a part of the scheme and artifice to defraud that defendant,
AMBER L. BOLEN sought to fraudulently obtain disaster-related benefits in the
form of an SBA-sponsored Economic Injury Disaster (EIDL) loan by materially
misrepresenting information on a loan application that was subsequently ratified
ona Loan Authorization and Agreement. The misrepresentations included false
assertions that defendant owned the business “amber bolen” since February 15,
2013; that the business engaged in the transportation industry; that the business
“amber bolen” employed 11 people as of January 31, 2020 and had gross
revenues of $91,258 for the twelve months prior to January 31, 2020 while
expending $8,213 on the cost of goods sold for the same period.

8. It was further a part of the scheme and artifice to defraud that the
3:21-cr-30013-SEM-KLM #1 Page5of7

defendant, AMBER L. BOLEN, caused the transmission of information and
funds by wire between the Central District of Illinois and locations outside of the
State of Illinois.

Execution of the Scheme

9. AMBER L. BOLEN, defendant herein, for the purpose of executing the
above-described scheme and artifice to defraud the United States Small Business
Administration, and to obtain money by means of materially false and
fraudulent pretenses, representations, and promises, did knowingly cause to be
transmitted by means of wire communications in interstate commerce, certain
writings, signs, signals, sounds, and images, when the defendant knew full well

that he was not entitled to the monies and funds:

Count Date Description

One 7/15/2020 Defendant caused to be electronically
submitted an EIDL loan application to the
SBA on behalf of “amber bolen” that
contained material misrepresentations and
requested that the funds be sent to a
specific account at the Woodforest National
Bank (1162381584).

Two 7/15/2020 Defendant caused to be electronically
submitted to the SBA an e-signed Loan
Authorization and Agreement on behalf of
“amber bolen” (loan #3942498103)
certifying in part that: “All representations
in the Borrower's Loan application
3:21-cr-30013-SEM-KLM #1 Page 6 of7

(including all supplementary submissions)
are true, correct and complete and offered
to induce SBA to make this Loan.”

Three 7/17/2020 On or about July 17, 2020, Defendant
caused the SBA to start the process of
electronically transferring $41,500 from
the United States Treasury with the money
being received into her account at the
Woodforest National Bank (account
#1162381584) on July 21, 20201.

All in violation of Title 18, United States Code, Section 1343.

COUNT FOUR
(Fraud in Connection With Major Disaster or Emergency Benefits)

1. The factual allegations contained in paragraphs 1-9 of Counts One
through Three are incorporated herein by reference as if set out in full.

2. On or about July 15, 2020, in the Central District of Illinois,
AMBER L. BOLEN,
the defendant herein, knowingly made a materially false and fraudulent
statement and representation, in an EIDL application, in connection with a
benefit provided by the United States, which was authorized and paid in
connection with a major disaster declaration and/or an emergency declaration,
and was a voucher, payment, money, and thing of value of the United

States, and of any department and agency thereof.

' The EIDL loan was for $41,500 with defendant agreeing to pay a $100 UCC handling/filing charge for a combined
total amount from the SBA of $41,600.
All in violation of Title 18, United States Code, Section 1040(a)(2).

COUNT FIVE
(Fraud in Connection With Major Disaster or Emergency Benefits)

1. The factual allegations contained in paragraphs 1-9 of Counts One
through Three are incorporated herein by reference as if set out in full.
2. On or about July 15, 2020, in the Central District of Illinois,
AMBER L. BOLEN,

the defendant herein, knowingly made a materially false and fraudulent
statement and representation, in an EIDL Loan Authorization and Agreement, in
connection with a benefit provided by the United States, which was authorized
and paid in connection with a major disaster declaration and/or an emergency
declaration, and was a voucher, payment, money, and thing of value of the
United States, and of any department and agency thereof.

All in violation of Title 18, United States Code, Section 1040(a)(2).

A TRUE BILL,
of Forepersow _
FOREPERSON a
Gregory M. Gdmore
UNITED STATES ATTORNEY

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