Indictment — United States v. Alexander Alli, Middle District of Florida (Document 1)

Summary

An indictment filed January 18, 2023 as Document 1 in United States v. Alexander Alli, Case 8:23-cr-00024-CEH-SPF, in the U.S. District Court for the Middle District of Florida, Tampa Division. Count One charges conspiracy to commit wire fraud under 18 U.S.C. § 1349 between about April 2020 and about July 2020. The grand jury charges that conspirators submitted an EIDL application and loan agreement to the SBA for a non-operational business, misstating its name, owners, address and gross revenue and claiming economic injury from the COVID-19 disaster. It states the SBA sent $80,400 in EIDL funds by interstate wire to an account in the defendant's name and that the funds were spent for unauthorized purposes. The forfeiture allegation seeks the $80,400.

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Case 8:23-cr-00024-CEH-SPF Document1 Filed 01/18/23. Page1of 7 PagelD 1

UNITED STATES DISTRICT COURT SLED ee
MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION JAN i 8 2073

UNITED STATES OF AMERICA AL

V. CASE N
18 U.S.C. § 1349
ALEXANDER ALLI 18 U.S.C. § 1343
INDICTMENT
The Grand Jury charges:
COUNT ONE
(Conspiracy)

A. Introduction

At times relevant to this Indictment:

I. Defendant ALEXANDER ALLI resided in the Middle District of
Florida.

2: In or around March 2020, the President declared the ongoing
Coronavirus Disease 2019 (“COVID-19”) pandemic of sufficient severity and
magnitude to warrant an emergency declaration for all states, tribes, territories, and
the District of Columbia pursuant to section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. § 5121-5207. The President Ale ad
signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act

and the Families First Coronavirus Response Act.
Case 8:23-cr-00024-CEH-SPF Document1 Filed 01/18/23 Page 2 of 7 PagelD 2

3. The United States Small Business Administration (“SBA”) was an
executive branch agency of the United States government that provided support to
entrepreneurs and small businesses.

4. The SBA enabled and provided for loans through banks, credit unions,
and other lenders. These loans had government-backed guarantees. In addition to
traditional SBA funding programs, the CARES Act established several new
temporary programs and provided for the expansion of others to address the
COVID-19 outbreak, which was declared a nationwide disaster by the President on
or about March 13, 2020.

5. One government 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 could be used to pay certain
qualifying expenses (i.e., fixed debts, payroll, accounts payable, and other bills) that
could have been paid had the disaster not occurred.

6. EIDL funds were issued directly from the United States Treasury, and
applicants applied through the SBA via an online portal and application. The EIDL
application process collected information concerning the business and the business
owners. Applicants electronically certified that the information provided was
accurate and were warned that any false statement or misrepresentation to the SBA
or any misapplication of loan proceeds may result in sanctions, including criminal

penalties. Applicants also completed loan agreements with the SBA.
B. The Conspiracy

7. Between in or around April 2020 and in or around July 2020, in the

Middle District of Florida and elsewhere, the defendant,
ALEXANDER ALLI,
did knowingly and voluntarily combine, conspire, confederate, and agree with
others, both known and unknown to the Grand Jury, to commit wire fraud, in
violation of 18 U.S.C. § 1343.
C. Manner and Means of the Scheme and Artifice

8. The manner and means by which the conspirators sought to accomplish
the scheme and artifice included, among others, the following:

a. It was part of the conspiracy that conspirators would and did
prepare and submit, and cause to be prepared and submitted, a materially false and
fraudulent application and loan agreement via the Internet to the SBA EIDL
program, which program was tailored to provide benefits and relief to businesses and
workers negatively impacted by the COVID-19 pandemic.

b. It was part of the conspiracy that, in order to induce the SBA to
fund an EIDL for a non-operational business, the conspirators would and did
prepare and submit, and cause to be prepared and submitted, a false and fraudulent
application and loan agreement to the SBA that included multiple materially false
and fraudulent representations and pretenses, such as:

i. stating a business name, owners, address, telephone number,

and gross revenue, and falsely and fraudulently suggesting
Case 8:23-cr-00024-CEH-SPF Document1 Filed 01/18/23 Page 4 of 7 PagelD 4

that the company was an operating business at the time of the
application and agreement; and
ii. claiming the business was suffering an economic injury due to
the COVID-19 disaster.
9. It was part of the conspiracy that conspirators would and did cause the
SBA to send EIDL proceeds via an interstate wire transfer in the amount of $80,400
in EIDL funds, sent to a Financial Institution #1 account in the defendant’s name.

a. It was part of the conspiracy that conspirators would and did
spend the EIDL funds for unauthorized purposes and for their own personal
enrichment and the enrichment of others.

b. It was part of the conspiracy that conspirators would and did
perform acts, and make statements to promote and achieve the scheme and artifice
and to misrepresent, hide, and conceal, and cause to be misrepresented, hidden, and
concealed, the purpose of the scheme and artifice and the acts committed in
furtherance thereof.

All in violation of 18 U.S.C. § 1349.

FORFEITURE

1. The allegations contained in Count One 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. § 1349, the defendant shall

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

4
Case 8:23-cr-00024-CEH-SPF Document1 Filed 01/18/23 Page5of7 PagelD5

§ 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 $80,400

the defendant obtained as a result of the offense.

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,
Case 8:23-cr-00024-CEH-SPF Document1 Filed 01/18/23 Page 6 of 7 PagelD 6

the United States shall be entitled to forfeiture of substitute property pursuant to

21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c).
A TRUE BILL,

Foreperson

ROGER B. HANDBERG
United States Attorney

» —~ Z. f——

Jennifer L. Peresie
Assistant United States Attorney

Rachelle DesVaux Bedke
Assistant United States Attorney
Chief, Economic Crimes Section
FORM OBD-34
No.

Case 8:23-cr-00024-CEH-SPF Document1 Filed 01/18/23 Page /7 of 7 PagelD 7

UNITED STATES DISTRICT COURT
Middle District of Florida
Tampa Division

THE UNITED STATES OF AMERICA
vs.

ALEXANDER ALLI

INDICTMENT

Violations: 18 U.S.C. § 1349

A true bill. _

Foreperson

Filed in open court this 18th day of January, 2023.

Clerk

Bail $

GPO 863 525


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