Indictment — United States v. Kelly Jo Driver et al., Eastern District of Washington (ECF No. 1)

Summary

An indictment in United States v. Kelly Jo Driver, David Kurt Schneider and Leif Gerald Larsen, No. 4:24-CR-6004-SAB, in the U.S. District Court for the Eastern District of Washington, filed March 6, 2024 as ECF No. 1. It charges conspiracy to commit wire fraud and bank fraud (Count 1), wire fraud (Counts 2-6), false claims (Counts 7-11), bank fraud (Counts 12—24) and money laundering (Count 25). The grand jury charges that the defendants fraudulently obtained at least $250,000 through the PPP and EIDL programs and sought at least an additional $1,000,000 that was not approved. It states that Driver created false payroll records and IRS Form 941s for a fee of 10% of funded loan amounts, and that loans were targeted close to, but under, $150,000. The 41-page indictment names United States Attorney Vanessa R. Waldref.

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Case 4:24-cr-06004-SAB ECF No. 1

Vanessa R. Waldref

United States Attorney

Eastern District of Washington
Jeremy J. Kelley

Frieda K. Zimmerman

Assistant United States Attorneys
Post Office Box 1494

Spokane, WA 99210-1494
Telephone: (509) 353-2767

filed 03/06/24 PagelD.l Page1of41

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

Mar 06, 2024

SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,
Plaintiff,
KELLY JO DRIVER,
DAVID KURT SCHNEIDER, and
LEIF GERALD LARSEN,

Defendants.

INDICTMENT - 1

4:24-CR-6004-SAB
INDICTMENT

Vio:

18 U.S.C. §§ 1349, 1343,
1344(1), (2)

Conspiracy to Commit Wire
Fraud and Bank Fraud
(Count 1)

18 U.S.C. § 1343
Wire Fraud
(Counts 2-6)

18 U.S.C. § 287, 18 U.S.C. § 2
False, Fictitious, or Fraudulent

Claims
(Counts 7-11)

18 U.S.C. § 1344(1), (2)
Bank Fraud
(Counts 12—24)

18 U.S.C. § 1957
Money Laundering
(Count 25)
oN NN BR WN K& DO WON DH A BP WN YS CS

Case 4:24-cr-06004-SAB ECFNo.1 filed 03/06/24 PagelD.2 Page 2of41

18 U.S.C. § 981, 18 U.S.C.
§ 982, 28 U.S.C. § 2461(c)
Forfeiture Allegations

The Grand Jury charges:
GENERAL ALLEGATIONS

1. At all times relevant to this Indictment, Defendant KELLY JO
DRIVER was a resident of the State of South Carolina.

2. At all times relevant to this Indictment, Defendant DAVID KURT
SCHNEIDER was a resident of Kennewick, Washington, in the Eastern District of
Washington.

3. At all times relevant to this Indictment, Defendant LEIF GERALD
LARSEN was a resident of Pasco, Washington, in the Eastern District of
Washington.

4. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
was a federal law enacted on 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 forgivable loans to small businesses for job
retention and other certain expenses, through a program referred to as the Paycheck
Protection Program (PPP).

5. In order to obtain a PPP, a qualifying business was required to submit
a PPP application signed by an authorized representative of the business. The PPP
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. In the PPP application, the applicant (through its
authorized representative) was required to state, among other things: (a) its average

monthly payroll expenses; and (b) its number of employees. If the applicant had no

INDICTMENT — 2
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employees other than the owner, the applicant was required to provide the gross
income amount from a 2019 or 2020 Internal Revenue Service (IRS) Form 1040,
Schedule C. These figures were used to calculate the amount of money the small
business was eligible to receive under the PPP. Additionally, the applicant was
required to certify that the business was in operation as of February 15, 2020. The
applicant was also required to certify that the information in the application was true
and correct to the best of the applicant’s knowledge.

6. A business’s PPP application was received and processed, in the first
instance, by a participating lender. Ifthe participating lender approved the loan, data
from the application, including information about the borrower, the total amount of
the PPP, the listed number of employees, and the gross income amount, was
transmitted by the lender to the Small Business Administration (SBA), an agency of
the United States, in the course of processing the PPP. The location of the server
through which the PPP application data was submitted was based on the date the
application was processed by the SBA and the application number.

7. Ifa PPP application was approved, the participating lender funded the
PPP using its own monies. PPP funds disbursed by participating lenders were fully
guaranteed by the SBA. Once a PPP was funded, PPP lenders submitted
disbursement details into the SBA E-Tran system in Sterling, Virginia. E-Tran
transmitted the PPP processing fee to the lender through the United States Treasury’s
Financial Management System (FMS) to the Treasury.

8. PPPs were forgivable if the borrower met all the requirements of the
program. These requirements included that at least 60% of the PPP funds were used
for payroll, while the remaining 40% could be used for payroll, mortgage interest,
rent, and utilities. The funds were not to be used for personal expenses. In seeking
forgiveness, the borrower was required to certify that they used the funds as required.
PPP forgiveness applications were received through a cloud-based platform
(Summit) through the AWS GOV cloud server in Oregon. SBA transmitted the

INDICTMENT — 3
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forgiveness payments to the PPP lender through the FMS servers in Sterling,
Virginia.

9. In addition to the PPP, the CARES act also authorized the Economic
Injury Disaster Loan (EIDL) program. EJDL is an SBA program that provides low-
interest funding to small businesses, renters, and homeowners affected by declared
disasters. The EIDL program also offered Targeted EJDL Advance and
Supplemental Targeted Advance grants for certain qualifying businesses that did not
have to be repaid.

10. In order to obtain an EJDL and advance, a qualifying business was
required to 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, and cost of goods sold in the 12-month period
preceding the disaster. In the case of EIDLs for COVID-19 relief, the 12-month
period was the year preceding January 31, 2020. The applicant was also required to
certify that all the information in the application was true and correct to the best of
the applicant’s knowledge.

11. The amount of an EIDL, if the application was approved, was
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 or advance were issued directly by the SBA. EIDL funds could be used for
payroll expenses, employee sick leave, production costs, and business obligations
and expenses, such as business debts, office rent, and office mortgage payments. If
the applicant also obtained a loan under the Paycheck Protection Program, the EIDL
funds could not be used for the same purpose as the Paycheck Protection Program
funds.

12. EIDL applications were received in cloud-based platforms. The
location of the server through which the EIDL application was submitted was based

on the date the application was processed by SBA and the application number. EIDL

INDICTMENT — 4
Targeted Advance and Supplemental Advance applications were submitted through
Rapid Finance systems that utilizes Microsoft cloud-based servers located in Des
Moines, Iowa. EDIL disbursements were initiated by the SBA Denver Finance
Center located in Denver, Colorado, which transmitted the payment information
through the FMS system to the Department of Treasury server located in the State
of Virginia.

The Scheme and Conspiracy and its Manner and Means

13. The allegations in paragraphs 1 through 12 of this Indictment are
incorporated as though realleged herein.

14. Beginning no later than in or about March 2020 and continuing through
at least December 2021, in the Eastern District of Washington and elsewhere,
Defendants DAVID KURT SCHNEIDER, KELLY JO DRIVER, LEIF GERALD
LARSEN, and others, both known and unknown to the grand jury, devised and
intended to devise a scheme to defraud the SBA and participating federally-insured
PPP participating lenders and to obtain money and property by means of materially
false and fraudulent pretenses, representations, and promises. Although not all of
the fraudulent applications were successful, between on or about March 2020 and
November 2021, Defendants DAVID KURT SCHNEIDER, KELLY JO DRIVER,
and LEIF GERALD LARSEN fraudulently obtained at least $250,000 in CARES
Act funding through the PPP and EIDL programs. Defendants DAVID KURT
SCHNEIDER, KELLY JO DRIVER, and LEIF GERALD LARSEN also submitted
fraudulent applications seeking at least an additional $1,000,000 in CARES Act
funding that were not approved.

15. Specifically, as part of the scheme and conspiracy, Defendants DAVID
KURT SCHNEIDER, KELLY JO DRIVER, and LEIF GERALD LARSEN
submitted false information to the SBA and participating PPP lenders regarding
gross revenues, number of employees, and amount spent on payroll in an attempt to
obtain CARES Act funds to which they were not otherwise entitled. The businesses

INDICTMENT -— 5
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used to obtain funds were those owned by Defendants DAVID KURT SCHNEIDER
and LEIF GERALD LARSEN. Defendant DAVID KURT SCHNEIDER owned
Solar Mobility LLC, RealINZ Water LLC, and Tempest Tactical Solutions LLC.
Defendant LEIF GERALD LARSEN owned Larsen Firearms.

16. As part of the scheme and conspiracy, Defendant KELLY JO DRIVER
created false and fraudulent payroll records, including payroll register spreadsheet,
and falsified IRS Form 941s reporting wages, tips, and other compensation
purportedly paid to employees, which were submitted in support of the fraudulent
applications. Defendant KELLY JO DRIVER also assisting in preparing and filing
the PPP and EJDL applications. For her part in creating the false documents and
assisting in filing the applications, Defendant KELLY JO DRIVER was paid 10%
of the funded loan amounts.

17. As part of the scheme and conspiracy, Defendants DAVID KURT
SCHNEIDER, KELLY JO DRIVER, and LEIF GERALD LARSEN manipulated
the falsified payroll records to target a PPP amount of close to, but under, $150,000,
which was the maximum amount they believed could be forgiven under the program.
Defendants DAVID KURT SCHNEIDER, KELLY JO DRIVER, and LEIF
GERALD LARSEN also used false and inflated revenue numbers on EIDL
applications, in an attempt to receive funding to which they were not entitled. The
proceeds of the fraud scheme were not used for any permissible purposes under the
PPP and EIDL program rules. To conceal the fact that he was withdrawing the funds
as cash for personal use, Defendant DAVID KURT SCHNEIDER falsely and
fraudulently represented that he had employees who were afraid to go to banks
because of the COVID-19 pandemic and that he would therefore withdraw the funds
as cash in order to then pay the employees.

18. On or about April 23, 2021, an undercover Federal Bureau of
Investigation special agent called Defendant KELLY JO DRIVER to inquire about
her assistance in obtaining CARES Act funding. Defendant KELLY JO DRIVER

INDICTMENT - 6
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explained to the undercover special agent that they would try to target a loan amount
close to $150,000, but that the requested amount had to look “realistic.” Defendant
KELLY JO DRIVER explained that in order to obtain close to the ideal amount of

$150,000, the undercover special agent would “have to have employees on paper”

and that she could assist him in creating fictitious IRS Form 941s and a fictitious

payroll register for the entire year of 2020. Defendant KELLY JO DRIVER
explained how they would need to have the documents show different amounts paid
to the workers because “they can’t all make the exact same thing, it looks bad.”
Defendant KELLY JO DRIVER said she would also assist in filling out the
applications because she had experience in government contracting, was a former
financial adviser, and had worked at the IRS. Defendant KELLY JO DRIVER
confirmed to the undercover special agent that her fee was 10% of the funded
amount. Defendant KELLY JO DRIVER told the undercover special agent she
would send him a spreadsheet for him to fill in and which would then be used to
create the falsified payroll documentation. Following up on the call, on or about
April 24, 2021, Defendant KELLY JO DRIVER sent the undercover special agent
the spreadsheet via email.

It was further part of this scheme and conspiracy that:

SOLAR MOBILITY LLC
Economic Injury Disaster Loan No. 3600237451

19. Onor about March 31, 2020, Defendant DAVID KURT SCHNEIDER
created an application for an EIDL, Application No. 3600237451, in the name of his
company, Solar Mobility LLC. Defendant DAVID KURT SCHNEIDER stated in
the application that Solar Mobility LLC had been opened on May 15, 2013, and that
SCHNEIDER owned 85% of the company. In this application, Defendant DAVID
KURT SCHNEIDER represented that Solar Mobility LLC had $0.00 in gross
revenues for the twelve months preceding January 31, 2020, that Solar Mobility had

$0.00 in cost of goods sold in the twelve months preceding January 31, 2020, and

INDICTMENT — 7
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Case 4:24-cr-06004-SAB ECFNo.1 filed 03/06/24 PagelD.8 Page 8 of 41

that Solar Mobility had zero (0) employees. Defendant DAVID KURT
SCHNEIDER certified that the information provided in the application was true and
correct. The EIDL application was approved and the SBA disbursed $1,000 to the
requested checking account on June 19, 2020. On or about July 19, 2020, Defendant
DAVID KURT SCHNEIDER called the SBA to check on the status of his EIDL
Advance funds, but was notified he had not checked the box in the application to
request EIDL Advance funds.
Economic Injury Disaster Loan No. 3311313620

20. On or about July 19, 2020, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER created, and caused to be created, another EIDL
application, Application No. 3311313620, in the name of Solar Mobility LLC. This
application was submitted via interstate wires from IP address 152.44.20.26
registered to West Carolina Tel, LLC, in the State of South Carolina, to the SBA

servers located in Des Moines, Iowa.

21. Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER
represented, and caused to be represented, in the application that Solar Mobility LLC
had been opened on May 13, 2015, and that SCHNEIDER owned 100% of the
company. In this application, Defendants DAVID KURT SCHNEIDER and KELLY
JO DRIVER falsely and fraudulently represented, and caused to be represented, that
Solar Mobility LLC had $45,000 in gross revenues for the twelve months preceding
January 31, 2020, that Solar Mobility had $13,000 in cost of goods sold in the twelve
months preceding January 31, 2020, and that Solar Mobility had five (5) employees.
Defendants DAVID KURT SCHNEIDER and KELLY DRVER certified, and
caused to be certified, that the information in the application was true and correct.

22. These representations and certification were materially false and
fraudulent. In fact, according to information maintained by the Washington State
Department of Revenue, Defendant DAVID KURT SCHNEIDER did not report any
revenue for Solar Mobility LLC in 2019 or 2020. Washington State Employment

INDICTMENT — 8
on NHN HW BPW HHO KH ODO OO WDN HD NM HRW NPY KF CO

Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.9 Page9of41

Security Department (ESD) records show that Solar Mobility LLC, was reported
inactive as of June 30, 2015. Washington State ESD records also show that
Defendant DAVID KURT SCHNEIDER only received wages in 2019 and 2020
from Waste Treatment Completion Co., and show no wages from Solar Mobility
LLC. Furthermore, the statement that Solar Mobility LLC had five employees is
inconsistent with other EIDL and PPP applications SCHNEIDER submitted as
discussed herein and inconsistent with statements SCHNEIDER made when
interviewed by Federal Bureau of Investigation Special Agents. Consequently,
neither Solar Mobility LLC nor Defendant DAVID KURT SCHNEIDER were
eligible for any EIDL funding. The SBA ultimately did not fund this EIDL
application.
Paycheck Protection Program Loan No. 49653282-04
23. Onor about August 5, 2020, Defendant DAVID KURT SCHNEIDER

opened a business checking account ending x2951 in the name of Solar Mobility

LLC at Community First Bank, a federally-insured financial institution
headquartered in Kennewick, Washington.

24. Onor about August 6, 2020, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER submitted, and caused to be submitted, an application for
a PPP to Community First Bank in the name of Solar Mobility LLC. This application
was submitted from IP address 204.116.238.60, which was assigned to Defendant
KELLY JO DRIVER by West Carolina Tel, LLC between December 14, 2020 and
April 22, 2021.

25. In the application, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER falsely and fraudulently represented, and caused to be
represented, that Solar Mobility had 5 employees and an average monthly payroll of
$23,747. Based on this false and fraudulent information, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER requested, and caused to be requested,
$59,367 in PPP funds. As part of the application, Defendants DAVID KURT

INDICTMENT -— 9
SCHNEIDER and KELLY JO DRIVER certified, and caused to be certified, that the
funds would be used to “retain workers and maintain payroll or make mortgage
interest payments, lease payments, and utility payments, as specified under the
Payroll Protection Program rules; I understand that if the funds a knowingly used for
unauthorized purposes, the federal government may hold be legally liable, such as
for charges of fraud.”

26. In support of this application, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted, a
letter dated June 11, 2020, stating, “Solar Mobility, LLC was formed in 2015 to
begin research and developmental (sic) of our product. The company did not
actually ‘start’ until January 1, 2020 as we did not yet have employees or payroll.”
Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER also submitted,
and caused to be submitted, false and fraudulent payroll registers with the
application, which purported to show payroll to employees in January and February
2020. In the application, Defendants DAVID KURT SCHNEIDER and KELLY JO
DRIVER certified, and caused to be certified, that the information provided in the
application and supporting documents were true and accurate in all material respects.

27. The representations and certifications made in the PPP application were
materially false and fraudulent. In fact, according to information maintained by the
Washington State Department of Revenue, DAVID SCHNEIDER did not report any
revenue for Solar Mobility LLC in 2019 or 2020. Washington State Employment
Security Department (ESD) records show that Solar Mobility LLC, was reported
inactive as of June 30, 2015. Washington State ESD records show that Defendant
DAVID KURT SCHNEIDER only received wages in 2019 and 2020 from Waste
Treatment Completion Co., and show no wages from Solar Mobility LLC.
Furthermore, the statements that Solar Mobility LLC had five employees is
inconsistent with other EIDL and PPP applications SCHNEIDER submitted and

inconsistent with statements SCHNEIDER made when interviewed by Federal

INDICTMENT — 10
Bureau of Investigation Special Agents. Consequently, neither Solar Mobility LLC
nor Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER were
eligible for any PPP funding.

28. Based upon the false and fraudulent information submitted, and caused
to be submitted, by Defendants DAVID KURT SCHNEIDER and KELLY JO
DRIVER, Community First Bank approved the loan, which was then also approved
by the by the SBA and assigned PPP No. 49653282-04. On August 17, 2020,
Community First Bank disbursed $59,300 into the business checking account in the
name of Solar Mobility LLC ending x2951. On August 18, 2020, Defendant DAVID
KURT SCHNEIDER wrote a check in the amount of $59,000 from the business
checking account ending x2951 to the order of Solar Mobility LLC, which was
deposited later that day into a Bank of America checking account ending x5239 in
the name of Solar Mobility LLC. On August 20, 2020, Defendant DAVID KURT
SCHNEIDER sent $5,000 via interstate wires from his Bank of America account in
the name of his company RealNZ Water LLC to Defendant KELLY JO DRIVER’s
account at Pinnacle Bank in South Carolina ending x4255.

29. On August 27, 2020, Defendant DAVID KURT SCHNEIDER
withdrew $10,000 in cash from the Solar Mobility LLC account ending x5239. On
August 31, 2020, Defendant DAVID KURT SCHNEIDER spent $2,740 via his
check card at Rugu LLC, a firearm company in Texas. Defendant DAVID KURT
SCHNEIDER made additional $10,000 cash withdrawals on September 9, 15, and
24, 2020, as well as ATM withdrawals of $400 on September 8, 2020, and of $360
on September 28, 2020. On September 16, 2020, Defendant DAVID KURT
SCHNEIDER spent $1,644.49 via his check card at BMW of Tri-Cities in Richland,
Washington. At no time did it appear that any of the PPP funds were used for payroll
expenses in August and September 2020, but instead for personal expenses.

30. Onor about March 2, 2021, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER submitted, and caused to be submitted, a PPP Forgiveness

INDICTMENT — 11
Application to Community First Bank, requesting forgiveness of the entire PPP
funding amount. In the forgiveness application, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER falsely and fraudulently represented, and
caused to be represented, that at the time of the initial PPP application Solar Mobility
LLC had 5 employees, and at the time of the forgiveness application Solar Mobility
LLC had 10 employees. Defendants DAVID KURT SCHNEIDER and KELLY JO
DRIVER also falsely and fraudulently represented, and caused to be represented,
that Solar Mobility LLC had spent $218,500 in payroll costs between the covered
period of August 17, 2020, and December 31, 2020.

31. By March 2021, however, Community First Bank had concerns about
the legitimacy of information provided on the forgiveness application, as discussed
below, and took no further action on the PPP forgiveness application. On November
28, 2021, Defendant KELLY JO DRIVER sent an email to individuals at
Community First Bank and the SBA in which she stated, “in regards to
FORGIVENESS, we applied for forgiveness of the 1 draw PPP back in March of
this year. Everything was completed and all necessary documents were provided to
Community 1 and we received confirmation of that on Tuesday, March 2, 2021, at
5:26 PM EST.” Defendant KELLY JO DRIVER then stated it appeared through the
bank’s online portal that the loan appeared in default and she stated, “Please advise

as to how and when you plan to rectify this error.” (emphasis in original).

32. Due to concerns regarding the legitimacy of the information provided
by Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER, Community
First Bank did not submit the forgiveness application to the SBA. Defendants
DAVID KURT SCHNEIDER and KELLY JO DRIVER did not make payments on
PPP number 49653282-04, which went into default. Community First Bank
ultimately "charged off’ PPP number 49653282-04, which was guaranteed by the
SBA, shifting all losses to the SBA.

INDICTMENT — 12
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Paycheck Protection Program Second Draw Loan No. 16182483-04

33. On or about January 15, 2021, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted, to
Community First Bank a PPP Second Draw Borrower Application in the name of
Solar Mobility LLC.

34. In this application, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER falsely and fraudulently represented, and caused to be
represented, that Solar Mobility LLC’s number of employees was ten (10) and its

average monthly payroll as $49,320. In order to show a 25% reduction in gross
receipts in the Second Draw application, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER also falsely and fraudulently represented, and caused to
be represented, that Solar Mobility LLC’s 2020 fourth quarter gross receipts were
$11,250 and its first quarter 2020 gross receipts were $28,000. Based upon this false
information, Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER
requested, and caused to be requested, $123,300 in PPP funds. In support of the
application, Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER
submitted, and caused to be submitted, false and fraudulent payroll reports
purporting to show payroll to Solar Mobility LLC employees in October and
November 2020. In the application, Defendants DAVID KURT SCHNEIDER
and/or KELLY JO DRIVER certified, and caused to be certified, that the information
provided in the application and all supporting documents was true and accurate in
all material respects.

35. Onor about January 19, 2021, SBA approved the loan, assigned it PPP
No. 16182483-04, and sent the loan details to Community First Bank to finalize the
loan and disburse funds. However, Community First Bank was attempting to obtain
more information about the requested PPP before disbursing the funds.

36. Onor about January 18, 2021, the president of Community First Bank
wrote an email to Defendant DAVID KURT SCHNEIDER stating that they had

INDICTMENT -— 13
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received the PPP application and needed additional payroll tax filing documents for
2020, including a Form 941 for each quarter. Defendant DAVID KURT
SCHNEIDER forwarded the email to Defendant KELLY JO DRIVER on January
18, 2021. Defendant DAVID KURT SCHNEIDER replied to the president of
Community First Bank on January 20, 2020, stating, “We’ll get to those papers later
this week.”

37. On or about February 18, 2021, Defendant KELLY JO DRIVER
replied by email to Defendant DAVID KURT SCHNEIDER, stating “I attached
them in the documents section. The area he refers to is no longer available. They
are attached just in case you need them.”

38. On or about February 18, 2021, in support of the Second Draw PPP
application, Defendant DAVID KURT SCHNEIDER then forwarded the email to
the president of Community First Bank along with attached Form 941s. Defendants
DAVID KURT SCHNEIDER and KELLY JO DRIVER provided, and caused to be
provided, four false and fraudulent IRS Form 941s, created by Defendant KELLY
JO DRIVER, purporting to show wages, tips, and other compensation paid by Solar
Mobility LLC. In the Form 941 covering January through March of 2020,
Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER falsely and
fraudulently represented, and caused to be represented, that Solar Mobility LLC had
five (5) employees and had paid $71,240 in wages or other compensation. In the
Form 941s covering April through June, July through September, and October
through December of 2020, Defendants DAVID KURT SCHNEIDER and KELLY
JO DRIVER falsely and fraudulently represented, and caused to be represented, in
each that Solar Mobility LLC had ten (10) employees and had paid $145,080 in
wages, tips, and other compensation. Metadata for all four Form 941s indicate that
they were edited by “kesler2015@outlook.com” on February 18, 2021.

39. On March 2, 2021, Defendant DAVID KURT SCHNEIDER emailed
the president of Community First Bank and stated, “This process seems to be taking

INDICTMENT — 14
Oo DAN KH A HRW YN

a long time, we didn’t have any issues for the first round. Is there something
wrong?” The president of Community First Bank responded that the SBA had
implemented some new processes and “because you don’t have your primary
banking relationship with us, it requires some extra steps to validate information.”
To validate the payroll numbers on the application, the president asked for bank
statements from Solar Mobility LLC’s primary bank showing its payroll paid in any
of the quarters of 2020.

40. On March 2, 2021, Defendant KELLY JO DRIVER sent Defendant
DAVID KURT SCHNEIDER an email with the subject line “BOA statements,”
which Defendant DAVID KURT SCHNEIDER then forwarded to the president of
Community First Bank. Attached in the email were two monthly Bank of America
statements from the Solar Mobility LLC bank account ending x5239 for August and
September 2020. Defendant DAVID KURT SCHNEIDER also wrote in the
forwarded email, “Due to the uncertainty of the Pandemic and banks being closed
because of exposure to Covid my employees wanted to be paid in cash, so we paid
in cash and still filed our 941s accordingly.” The president of Community First Bank
replied, requesting the July 2020 statement as well, to have the full quarter year of
statements.

41. On March 2, 2021, Defendant KELLY JO DRIVER sent Defendant
DAVID KURT SCHNEIDER an email with the subject line “July BOA 2020” and
wrote, “A whopping $100 as that is when the account was opened IJ do believe.” On
or about March 3, 2021, Defendant DAVID KURT SCHNEIDER forwarded this
email to the president of Community First Bank and wrote, “Here’s July, luckily CF
was very instrumental in getting the PPP and keeping these people paid.” Attached
to the email was a July 2020 monthly statement for the Bank of America account
ending x5239 in the name of Solar Mobility, which showed only $100 in the account
and no payments made for payroll purposes.

42. Contrary to the representations made in the PPP Second Draw

INDICTMENT — 15
application, the Bank of America statements did not contain evidence of an average
payroll of $49,320. The only funds deposited into the account between July and
September 2020 was an initial $100 deposit when the account was opened in July of
2020 and the $59,000 check drawn from PPP funds falsely and fraudulently obtained
by Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER in August
of 2020. As discussed above, those funds were used for cash withdrawals and other
personal expenses. The amount of cash withdrawn was insufficient to support the
purported payroll claimed in the PPP application. Furthermore, in a recorded call
on or about March 25, 2021, Defendant DAVID KURT SCHNEIDER described to
Defendant LEIF GERALD LARSEN how he told the bank he paid individuals in
cash as “our excuse when the uh, for our second draw when they were looking for
paperwork and they just had no problem with it.”

43. On March 9, 2021, the president of Community First Bank wrote an
email to Defendant DAVID KURT SCHNEIDER stating, “We’ve now had
opportunity to review the additional documents you submitted, and unfortunately
have been unable to get comfortable with approving the loan for Solar Mobility. The
loan is therefore declined.” Defendant DAVID KURT SCHNEIDER forwarded the
email to Defendant KELLY JO DRIVER.

44. On April 22, 2021, Defendant KELLY JO DRIVER wrote an email to
the president of Community First Bank stating,

We need confirmation that you in fact did decline and email
confirmation that it has been pulled out of ETran. We have been
unsuccessful in receiving funding due to this error as it is reflected that
we already received the 2"! Draw PPP.” On April 23, 2021, Defendant
DAVID KURT SCHNEIDER replied to the email, including additional
staff at Community First Bank, and stated, “We have identified fraud
or a conspiracy to defraud on our PPP loan through Community First
Bank. As you can see [Community First’s president] told us in January,
February, March that we were NOT approved when you can clearly see
we were. The SBA, Attorney General, Office of Investigator General
and the Bankers Association and the IRS are concerned this is a fraud

INDICTMENT -— 16
oN DN ON FB WO NYO KF CO HO WHA HN A PW HO KF OS

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case against your bank as our documents and everything line up. Please
advise your position as a great audit will probably be on its way. If you
have NO plans of funding us then release us from the Etran. I will
expect to hear from you immediately.

The president of Community First Bank responded on April 6, 2021, stating “Your
loan has been cancelled in the SBA’s system,” and provided a screenshot showing
the loan as fully cancelled. PPP No. 16182483-04 was never funded by Community
First Bank.

45. On or about November 28, 2021, Defendant KELLY JO DRIVER
wrote an email to individuals at Community First Bank and the SBA. Part of the
email, as discussed above, requested that Community First Bank approve the PPP
forgiveness application for the Solar Mobility first draw PPP submitted on or about
March 2, 2020. Defendant KELLY JO DRIVER also wrote,

[W]e were approved (and listed as funded) for a 2"! Draw PPP loan
on January 19, 2021 for $123,300 (Loan# 1618248304) that we never
received. Our president, David “Kurt” Schneider, repeatedly asked
when we would received (sic) our APPROVED (and listed as funded
on SMA, images attached) FUNDING and finally received a response
two months later after being reflected as approved and funded stating it
is declined. ... Please advise as to how and when you plan to rectify
this error. After speaking with several different levels of power in
regards to the appearance of impropriety that Community 1“ is
reflecting, we required immediate resolution of the above stated issues.
If you all are unable to remedy said issues, our next communication will
be both legal and ethical reporting to the appropriate agencies and
organizations.

(emphasis in original).
Payroll Protection Program Second Draw submitted to Bank of the West
46. On March 12, 2021, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER submitted, and caused to be submitted, an additional Second
Draw PPP application in the name of Solar Mobility LLC, this time to Bank of the

West, a federally-insured financial institution headquartered in San Francisco,

INDICTMENT — 17
Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.18 Page 18 of 41

California. In support of the application, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER submitted, and caused to be submitted, copies of four IRS
Form 941s, a January 2020 payroll report, and Ownership Certificates for Solar
Mobility LLC. The application and supporting documents were submitted from IP
address 204.116.238.60. This is the same IP address used to submit the PPP Second
Draw application to Community First Bank and was assigned to Defendant KELLY
JO DRIVER through West Carolina Tel.

47. In this PPP Second Draw application, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER falsely and fraudulently represented, and
caused to be represented, that Solar Mobility LLC had a monthly payroll of $42,943
for ten (10) employees, that Solar Mobility LLC’s fourth quarter 2020 gross receipts
were $21,251 and that its fourth quarter 2019 gross receipts were $49,731. These
numbers were significantly different from the numbers they listed on the PPP Second
Draw application previously submitted to Community First Bank on January 15,
2021. The attached Form 941s were the same as those submitted to Community
First Bank and showed the same edits to each document made by
“kesler2015@outlook.com.” Defendants DAVID KURT SCHNEIDER and/or
KELLY JO DRIVER certified, and caused to be certified, that the information
provided in the application and all supporting documents was true and accurate in
all material respects. Based upon the false and fraudulent information in the
application and supporting documents, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER requested, and caused to be requested, $107,357 in PPP
funds.

48. This PPP Second Draw application was flagged by Bank of the West as
potentially fraudulent and never approved. Because Bank of the West declined the

loan, it was not processed by the SBA and assigned a loan number.

INDICTMENT -— 18
Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.19 Page 19 of 41

TEMPEST TACTICAL SOLUTIONS LLC
Economic Injury Disaster Loan Application No. 3315031326
49. On or about October 21, 2020, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER completed, and caused to be completed, an
EIDL application, Application No. 3315031326, in the name of Tempest Tactical

Solutions. The application was submitted via interstate wires from IP address
152.44.20.137, which is registered to West Carolina Tel, in South Carolina, to SBA
servers located in Des Moines, Iowa.

50. In the application, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER falsely and fraudulently represented, and caused to be
represneted, that Tempest Tactical Solutions had been opened on January 12, 2020,
and had four (4) employees. Defendants DAVID KURT SCHNEIDER and KELLY
JO DRIVER also falsely and fraudulently represented, and caused to be represented,
that Tempest Tactical Solutions had $12,500 in gross revenues for the twelve months
preceding January 31, 2020, and that Tempest Tactical Solutions LLC had $2,800
in cost of goods sold in the twelve months preceding January 31, 2020. As part of
the application Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER
certified, and caused to be certified, that the information in the application was true
and correct.

51. The representations made in the application were materially false and
fraudulent. Tempest Tactical Solutions LLC was not registered with the Washington
State Secretary of State until September 1, 2020. The Washington State Department
of Revenue has no records of Tempest Tactical Solutions ever existing or reporting
revenue. The Washington State Employment Security Department has no record of
Tempest Tactical Solutions LLC ever registering or of any wages reported paid to
employees by Tempest Tactical Solutions LLC. Washington State ESD records
show that Defendant DAVID KURT SCHNEIDER only received wages in 2019 and

2020 from Waste Treatment Completion Co., and show no wages from Tempest

INDICTMENT - 19
o ON KH Wn FP WW PO —

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Tactical Solutions LLC. Finally, the EIN listed for Tempest Tactical Solutions LLC
begins with 85, which indicates Tempest Tactical Solutions LLC registered for an
EIN after March 15, 2020. Indeed, the IRS only assigned the EIN to Tempest
Tactical Solutions LLC on August 31, 2020.

52. The SBA identified that Tempest Tactical Solutions LLC had only been
formed in September 2020, declined to fund the requested loan, and flagged the
application as suspected fraud.

Payroll Protection Program Application submitted to Community First Bank

53. On or about September 2, 2020, Defendant DAVID KURT
SCHNEIDER opened a bank account at Community First Bank in the name of
Tempest Tactical Solutions LLC. This was the day after the Washington Secretary

of State issued a certificate of formation for the company. The account was not
funded until a series of ATM deposits totaling $12,500 between October 19 and 21,
2020. Other than the ATM deposits in October of 2020, no additional deposits were
made, and the funds were used for clothing purchases, travel, and cash withdrawals.
By the end of January of 2021, there was only $215.71 in the account and no
indications that it was used for business purposes.

54. On or about January 15, 2021, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted, to
Community First Bank a PPP Borrower Application in the name of Tempest Tactical
Solutions LLC. The application was submitted from IP address 204.116.238.60,
which was assigned to Defendant KELLY JO DRIVER.

55. In the application, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER falsely and fraudulently represented, and caused to be
represented, that Tempest Tactical Solutions LLC had a monthly payroll of $32,940
for seven (7) employees. In support of the application, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER also submitted, and caused to be submitted,

a false and fraudulent payroll report purporting to show payroll made to employees

INDICTMENT — 20
Case 4:24-cr-06004-SAB ECFNo.1 __ filed 03/06/24 PagelD.21 Page 21 of 41

by Tempest Tactical Solutions LLC in November 2020. Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER certified, and caused to be certified, that the
applicant was in operation on February 15, 2020. In the application, Defendants
DAVID KURT SCHNEIDER and KELLY JO DRIVER certified, and caused to be
certified, that the information provided in the application and all supporting
documents was true and accurate in all material respects. Based on the false and
fraudulent information in the application and supporting documents, Defendants
DAVID KURT SCHNEIDER and KELLY JO DRIVER requested, and caused to be
requested, $82,250 in PPP funds.

56. On February 23, 2021, Defendant DAVID KURT SCHNEIDER
emailed the president of Community First Bank to inquire about updates for the
PPPs. The president responded on February 23, 2021, that The Tempest Tactical
loan application was declined due to ineligibility. “To be eligible for a Paycheck
Protection Program loan a business must be in operation February, 2020. Tempest

Tactical was formed on September 1, 2020 and is therefore ineligible.” Because
Community First Bank declined the loan, it was not processed by the SBA or
assigned a loan number.
REALNZ WATER
Economic Disaster Injury Loan Application No. 3600240545

57. Onor about March 31, 2020, Defendant DAVID KURT SCHNEIDER
submitted EIDL Application No. 3600240545, in the name of RealNZ Water LLC.
In the application, Defendant DAVID KURT SCHNEIDER stated that RealNZ
Water LLC was an import/export wholesale business opened on March 12, 2019,
and located at 949 S. Keller St., Kennewick, Washington. Defendant DAVID
KURT SCHNEIDER stated in the application that as of January 31, 2020, RealNZ

Water had three (3) employees, that in the twelve months prior to January 31, 2020,

RealNZ Water’s gross revenues were $100,000, that in the twelve months prior to
January 31, 2020, RealNZ Water’s cost of goods sold was $50,000, and that RealNZ

INDICTMENT -— 21
Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.22 Page 22 of 41

Water’s lost rental profits were $4,000. As part of the application, Defendant
DAVID KURT SCHNEIDER certified that the information was true and accurate.

58. In the application, Defendant DAVID KURT SCHNEIDER also
requested an EIDL Advance. On or about April 19, 2020, based upon the statement
in that application that ReaINZ Water LLC had three employees, the SBA
electronically transferred, via intestate wires, $3,000 in EIDL Advance funds to
Defendant DAVID KURT SCHNEIDER’s Bank of America account ending x8396
from the FMS servers in Sterling, Virginia.

59. Based on the information provided by Defendant DAVID KURT
SCHNEIDER in EIDL Application No. 3600240545, on or about May 22, 2020, the
SBA electronically transferred, via intestate wires, $22,000 in EIDL funds to
Defendant DAVID KURT SCHNEIDER’s Bank of America account ending x8396
from the FMS servers in Sterling, Virginia.

60. On or about February 22, 2021, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted, a
request to modify his EIDL as well as an EIDL Targeted Advance application in
relation to EIDL Application No. 3600240545. In the Targeted Advance
application, Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER
falsely and fraudulently represented, and caused to be represented, the number of
RealNZ Water LLC employees at the time of the Targeted Advance application as
ten (10). The application was submitted via interstate wires to the Rapid Finance
cloud-based servers located in Des Moines, Iowa, from IP address 204.116.239.60,
which was assigned to KELLY JO DRIVER in South Carolina.

61. The information provided by Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER in the original EIDL Application No. 3600240545 and the
subsequent Targeted Advance application was materially false and fraudulent.
Washington Employment Security Department records show that RealNZ Water

LLC was never registered as a company and did not report any wages paid to

INDICTMENT -— 22
Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.23 Page 23 of 41

employees. The Washington Department of Revenue has no record of RealNZ
Water LLC registering or that any revenue was reported for the company.

62. On or about December 30, 2021, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted,
additional documents to the SBA in support of the modification and Targeted
Advance application. One document was an amended 1040 tax return for the 2019
tax year that was completed on or about December 18, 2021. The attached Schedule
C for that return reported that there were no wages paid by RealNZ Water LLC in
2019. On or about December 30, 2021, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER also submitted, and caused to be submitted, a SBA Form
3502 setting out supporting information for EIDL modification in which they
represented that in the twelve month period prior to the COVID-19 disaster, RealNZ
Water LLC had $270,564 in revenues, $86,649 in cost of goods sold, and no lost
rental amounts, all of which were significantly different than the initial EIDL
application submitted on March 31, 2020. This document was submitted under
penalty of perjury certifying that the information was true and correct.

63. Defendant DAVID KURT SCHNEIDER called the SBA numerous
times to check on the status of the modification and Targeted Advance applications
between January and April 2022. The SBA ultimately declined to fund the EIDL
modification and Targeted Advance requested.

Payroll Protection Program No. 7812607800

64. On or about May 28, 2020, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER submitted, and caused to be submitted, a PPP application
in the name of RealNZ Water LLC to Bank of America, a federally-insured financial
institution. In the application, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER false and fraudulently represented, and caused to be
represented, that RealNZ Water LLC had three (3) employees and an average
monthly payroll of $23,000.

INDICTMENT — 23
on HN A BP WH KK CO HO DWH HR A BR WW PO KH OS

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65. Insupport of the application, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER submitted, and caused to be submitted, an IRS Form 941
purporting to show wages paid by RealNZ Water LLC for the first quarter of 2020
to five (5) employees. This Form 941 contained very similar numbers as the first
quarter 2020 Form 941 Defendants SCHNEIDER and DRIVER later submitted, and
caused to be submitted, to Community First Bank in relation to Solar Mobility’s
second draw application, including the exact same overall wages purportedly paid
in the first quarter of 2020, $71,240.

66. In the application, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER certified, and caused to be certified, that the information
provided in the application and supporting documents was true and accurate in all
material respects. The application sought payment of $65,000.

67. The representations made in the application and supporting materials
were materially false and fraudulent. Washington Employment Security Department
records show that RealNZ Water LLC was never registered as a company and did
not report any wages paid to employees. The Washington Department of Revenue
has no record of RealNZ Water LLC registering or that any revenue was reported
for the company.

68. Based upon the false and fraudulent representations made in the
application, including the Form 941, Bank of America approved the loan in the
amount of $59,366.67, which was assigned PPP No. 7812607800 by the SBA. On
or about June 4, 2020, Bank of America disbursed $59,366 to an account in the name
of RealNZ Water LLC.

69. On or about February 18, 2021, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted, a
PPP Forgiveness Application to Bank of America, seeking to have the $59,366
disbursed for PPP No. 7812607800 forgiven. In that application, Defendants
DAVID KURT SCHNEIDER and KELLY JO DRIVER falsely and fraudulently

INDICTMENT — 24
on DH NA BPW HO KH OO WA HD A FP W NY KK CO

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represented, and caused to be represented, that RealNZ Water LLC had five (5)
employees at the time of the PPP application and that RealNZ Water LLC had ten
(10) employees at the time of the loan forgiveness application. Defendants DAVID
KURT SCHNEIDER and KELLY JO DRIVER also falsely and fraudulently
represented, and caused to be represented, that in the period between June 4, 2020,
and November 18, 2020, RealNZ Water LLC spent $59,366 on payroll costs.

70. In support of the loan forgiveness application, Defendants DAVID
KURT SCHNEIDER and KELLY JO DRIVER submitted, and caused to be
submitted, false and fraudulent IRS Form 941s for 2020 purporting to show wages,
tips, and other compensation paid to employees. Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER also submitted, and caused to be submitted,
false and fraudulent payroll reports purporting to show payroll made to seven (7)
employees in October and November 2020. Finally, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted, a
letter dated February 2, 2021, which stated, “RealNZ Water, LLC was legally
formed in 2019 for research and development purposes. The company did not
actually ‘start’ until January 1, 2020. There are no payroll records for 2019 as the
company did not yet have any employees.” This letter is substantially similar to the
letter submitted to Community First Bank in support of the Solar Mobility LLC PPP
application on August 6, 2020. In the application, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER certified, and caused to be certified, that the
information provided in the application was true and accurate in all material respects.

71. Onor about June 14, 2021, Defendants DAVID KURT SCHNEIDER
and KELLY JO DRIVER submitted, and caused to be submitted, a second PPP
forgiveness application. In this application, Defendant DAVID KURT
SCHNEIDER and KELLY JO DRIVER falsely and fraudulently represented, and
caused to be represented, that RealINZ Water LLC had five (5) employees at the time
of the original PPP application and had ten (10) employees at the time of the

INDICTMENT — 25
Case 4:24-cr-06004-SAB ECFNo.1 __ filed 03/06/24 PagelD.26 Page 26 of 41

forgiveness application. Defendant DAVID KURT SCHNEIDER and KELLY JO
DRIVER also falsely and fraudulently represented, and caused to be represented,
that between June 5, 2020, and September 30, 2020, RealINZ Water LLC had spent
$149,500 on payroll costs and requested that the full $59,366 PPP amount be
forgiven. This application also contained in support a false and fraudulent IRS Form
941 purporting to show $149,500 in wages paid to employees from July to
September 2020. In the application, Defendants DAVID KURT SCHNEIDER and
KELLY JO DRIVER certified, and caused to be certified, that the information
provided in the application was true and accurate in all material respects.

72. The loan forgiveness applications were not approved. PPP number
7812607800 went into default on August 5, 2022. On or about October 3, 2023, the
SBA, as guarantor of the loan, disbursed $60,231.28 to Bank of America to cover
the initial $59,366 loan amount plus $865.28 in outstanding interest accrued for the
defaulted loan.

Additional Payroll Protection Program Applications to Bank of America

73. On or about January 23, 2021, DAVID KURT SCHNEIDER and
KELLY JO DRIVER submitted, and caused to be submitted, a PPP application to
Bank of America in the name of RealNZ Water LLC, which was assigned Bank of
America application reference number 4116781126. This application did not
identify the first draw PPP fund disbursed to RealNZ Water LLC in June 2020. In
the application, Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER
falsely and fraudulently represented, and caused to be represented, that RealNZ

Water LLC had ten (10) employees and an average monthly payroll of $49,320. The
application also falsely and fraudulently stated that RealNZ Water LLC had an
annual revenue of $194,672 and a profit before tax of $68,431. The application
sought payment of $123,300 in PPP funds. In the application, Defendants DAVID
KURT SCHNEIDER and KELLY JO DRIVER certified, and caused to be certified,

that the information provided in the application was true and accurate in all material

INDICTMENT — 26
respects. The application was submitted to Bank of America from IP address
204.116.238.60, which was assigned to Defendant KELLY JO DRIVER. Bank of
America did not approve this application.

74. Also on or about January 23, 2021, approximately ten minutes after the
submission of application reference number 4116781126, Defendants DAVID
KURT SCHNEIDER and KELLY JO DRIVER submitted, and caused to be
submitted, a second PPP application to Bank of America, which was assigned
application reference number 4116781286. This application identified the previous
PPP funds disbursed to RealNZ Water LLC, but falsely and fraudulently represented
the company’s annual revenue as $194,731 and annual profit before tax as $64,972,
which was different from the representations made ten minutes earlier in application
reference number 4116781126. In the application assigned reference number
4116781286, Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER
falsely and fraudulently represented, and caused to be represented, that RealNZ
Water LLC had ten (10) employees and an average monthly payroll of $49,320. The
application sought payment of $123,300 in PPP funds. In the application,
Defendants DAVID KURT SCHNEIDER and KELLY JO DRIVER certified, and
caused to be certified, that the information provided in the application was true and
accurate in all material respects. The application was submitted to Bank of America
from IP address 204.116.238.60, which was assigned to Defendant KELLY JO
DRIVER. Bank of America did not approve this application.

75. On or about February 18, 2021, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER submitted, and caused to be submitted,
another PPP application to Bank of America, which was assigned application
reference number 4117836832. In this application, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER falsely and fraudulently represented, and
caused to be represented, that RealNZ Water LLC had an annual revenue of
$248,970 and an annual profit before tax of $67,498. In the application, Defendants

INDICTMENT — 27
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DAVID KURT SCHNEIDER and KELLY JO DRIVER falsely and fraudulently
represented, and caused to be represented, that RealNZ Water LLC had ten (10)
employees and an average monthly payroll of $49,833. The application sought
payment of $124,582 in PPP funds. In the application, Defendants DAVID KURT
SCHNEIDER and KELLY JO DRIVER certified, and caused to be certified, that the
information provided in the application was true and accurate in all material respects.
The application was submitted to Bank of America from IP address 204.116.238.60,
which was assigned to Defendant KELLY JO DRIVER. Bank of America did not
approve this application.
DAVID K. SCHNEIDER dba REALNZ WATER

76. On or about December 20, 2021, Defendant DAVID KURT
SCHNEIDER submitted an EIDL application to the SBA, Application No.
3325810626. The application was submitted via interstate wires from IP address
2607:fb90:83ba:2dbd:ff6e:a794, which is registered to T-mobile, to the SBA’s
Rapid Finance application servers in Des Moines, Iowa.

77. Inthe application, Defendant DAVID KURT SCHNEIDER stated that
RealINZ Water LLC was a sole-proprietorship with only one (1) employee as of
January 31, 2020. In the application, Defendant DAVID KURT SCHNEIDER
falsely and fraudulently stated ReaINZ Water LLC and had eleven (11) current
employees. Defendant DAVID KURT SCHNEIDER also falsely and fraudulently
represented that RealNZ Water had actual 2019 gross revenues of $183,915 and
actual 2019 cost of goods sold of $86,649. Defendant DAVID KURT SCHNEIDER
also falsely and fraudulently represented that RealNZ Water had actual 2020 gross
revenues of $621,432 and actual 2020 cost of goods sold of $0.00. In the application,
Defendant DAVID KURT SCHNEIDER certified that the information provided in
the application was true and correct. Defendant DAVID KURT SCHNEIDER
requested a loan of $233,500 and for the funds to be deposited into his Bank of

America account ending x8396.

INDICTMENT — 28
Oo ON NH WH BR W NH

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78. The SBA flagged the application as duplicative of the previous RealNZ
Water EIDL application filed using the same bank account and tax identification
number. The application was subsequently placed on hold as suspected fraud and
never approved.

LARSEN FIREARMS
Economic Disaster Injury Loan Application No. 3600597608

79. On or about April 4, 2020, Defendant LEIF GERALD LARSEN
submitted an EIDL application, number 3600597608, to the SBA in the name of
Larsen Firearms. In that application, Defendant LEIF LARSON stated that his
business was a sole proprietorship and had no employees as of January 31, 2020. In
the application, Defendant LEIF GERALD LARSEN requested an EIDL advance,
which was approved in the amount of $1,000. However, the SBA declined to fund

the remaining EIDL amount.

80. On or about February 22, 2021, Defendants LEIF GERALD LARSEN
and KELLY JO DRIVER submitted, and caused to be submitted, a request for EIDL
Targeted Advance funds related to EIDL application number 3600597608. The
request was submitted via interstate wires from IP address 204.116.238.60, which
was registered to Defendant KELLY JO DRIVER, to the SBA’s Rapid Finance
servers in Des Moines, Iowa. In the Targeted Advance request, Defendants LEIF
GERALD LARSEN and KELLY JO DRIVER falsely and fraudulently represented,
and caused to be represented, that Larsen Firearms had ten (10) employees as of the
date of the Targeted Advance application. In the application, Defendants LEIF
GERALD LARSEN and KELLY JO DRIVER certified, and caused to be certified,
that the information provided in the application was true and accurate in all material
respects.

81. The representation that Larsen Firearms had ten employees was
materially false and fraudulent. According to Washington State Employment

Security Department records, Larsen Firearms was not registered and had not

INDICTMENT — 29
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reported any wages paid to employees. Furthermore, on March 25, 2021, Federal
Bureau of Investigation Special Agents spoke with Defendant LEIF GERALD
LARSEN, who admitted that Larsen Firearms did not have any employees and that
Defendant KELLY JO DRIVER had created false payroll documentation for
Defendant LEIF GERALD LARSEN. On or about March 28, 2021, three days after
speaking with Federal Bureau of Investigation agents, Defendant LEIF GERALD
LARSEN asked the SBA to cancel the Targeted Advance application.
Payroll Protection Program Application to Community First Bank

82. Onor about March 1, 2021, Defendants LEIF GERALD LARSEN and
KELLY JO DRIVER submitted, and caused to be submitted, a PPP application in
the name of Larsen Firearms to Community First Bank. This application was
electronically submitted from IP address 107.177.208.74, which is registered to
AT&T Mobility LLC. In the application, Defendants LEIF GERALD LARSEN and
KELLY JO DRIVER falsely and fraudulently represented, and caused to be
represented, that Larsen Firearms had ten (10) employees and an average monthly
payroll of $59,667.

83. In support of the application, Defendants LEIF GERALD LARSEN
and KELLY JO DRIVER submitted, and caused to be submitted, a false and
fraudulent payroll register for the first quarter of 2020 purporting to show payroll to
ten (10) employees. Defendants LEIF GERALD LARSEN and KELLY JO
DRIVER also submitted, and caused to be submitted, false and fraudulent IRS Form

941s for each quarter of 2020. Each 941 submitted contained the exact same amount
of purported wages, tips, and other compensation paid each quarter of $179,000.12,
purported federal withholdings of $25,299.43, and purported total taxes of
$52,686.44. When opened on a computer, the 941s also showed that the signature
date on each document had been modified by “kesler2015@outlook.com.”

84. In the application, Defendants LEIF GERALD LARSEN and KELLY
JO DRIVER certified, and caused to be certified, that the information provided in

INDICTMENT — 30
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Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.31 Page 31of 41

the application was true and accurate in all material respects. Based on the materially
false and fraudulent representations in the application and supporting documents,
Defendants LEIF GERALD LARSEN and KELLY JO DRIVER requested, and
caused to be requested, a PPP amount of $149,167.

85. Community First Bank recognized that the Form 941s had been
modified in the same fashion as those submitted in regards to the Solar Mobility
LLC PPP applications. Community First Bank did not approve the PPP application.

Payroll Protection Program No. 49674286-06

86. Onor about March 2, 2021, Defendants LEIF GERALD LARSEN and
KELLY JO DRIVER submitted, and caused to be submitted, a PPP application to
Bank of America in the name of Larsen Gunsmithing & Firearms. The application
was submitted from IP address 204.116.238.60, which was assigned to Defendant
KELLY JO DRIVER. In the application, Defendants LEIF GERALD LARSEN and
KELLY JO DRIVER falsely and fraudulently represented, and caused to be
represented, that the company had ten (10) employees and average monthly payroll
of $59,667. In support of the PPP application, Defendants LEIF GERALD
LARSEN and KELLY JO DRIVER submitted, and caused to be submitted, the same
false and fraudulent payroll register and IRS Form 941s that were submitted to
Community First Bank on or about March 1, 2021.

87. Inthe application, Defendants LEIF GERALD LARSEN and KELLY
JO DRIVER certified, and caused to be certified, that the information provided in

the application was true and accurate in all material respects. Based on the materially
false and fraudulent representations in the application and supporting documents,
Defendants LEIF GERALD LARSEN and KELLY JO DRIVER requested, and
caused to be requested, a PPP amount of $149,167.

88. Bank of America approved the PPP application, which was assigned
PPP No. 49674286-06 by the SBA. $149,167 was deposited into Defendant LEIF
GERALD LARSEN’s Bank of America account on or about March 23, 2021. On

INDICTMENT - 31
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Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.32 Page 32 of 41

or about March 23, 2021, Defendant LEIF GERALD LARSEN sent $15,000 via
interstate wires from his Bank of America account to Defendant KELLY JO
DRIVER’s account at Pinnacle Bank in South Carolina ending x4255.
COUNT 1
(Conspiracy to Commit Wire Fraud and Bank Fraud)

89. The allegations in paragraph 1 through 88 of this Indictment are
incorporated as though realleged herein. Furthermore, the allegations in each other
Count of this Indictment are hereby incorporated in this Count.

90. Beginning no later than in or about March 2020 and continuing until at
least December 2021, in the Eastern District of Washington, and elsewhere,
Defendants DAVID KURT SCHNEIDER, KELLY JO DRIVER, and LEIF
GERALD LARSEN, and others known and unknown to the Grand Jury, knowingly
and willfully combined, conspired, and agreed to commit the following offenses:

a. To devise and participate in a scheme or plan to defraud or obtain money
or property by materially false or fraudulent pretenses, representations, or
promises, and thereby use or cause to be used an interstate wire, in
violation of 18 U.S.C. § 1343; and

b. To knowingly execute or attempt to execute a scheme to defraud a
federally-insured financial institution and obtain money in its custody and
control, in violation of 18 U.S.C. § 1344(1) and (2).

All in violation of 18 U.S.C. § 1349.
COUNTS 2-6
(Wire Fraud)

91. The allegations in paragraph 1 through 88 of this Indictment are
incorporated as though realleged herein. Furthermore, the allegations in each other
Count of this Indictment are hereby incorporated in this Count.

92. Onor about each of the dates set forth below, in the Eastern District of
Washington and elsewhere, Defendants DAVID KURT SCHNEIDER, KELLY JO

INDICTMENT — 32
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DRIVER, and LEIF GERALD LARSEN, for the purpose of executing the scheme

described above, transmitted and caused to be transmitted by means of wire

communication in interstate commerce the signals and sounds described below for

each count, each transmission constituting a separate count:

Count | Defendants Date Description

2 DAVID KURT July 19,2020 | EIDL Application No.
SCHNEIDER and 3311313620 on behalf of Solar
KELLY JO Mobility LLC, electronically
DRIVER submitted from South Carolina to

the SBA in Iowa

3 DAVID KURT October 21,
SCHNEIDER and_ | 2020
KELLY JO
DRIVER

EIDL Application No.
3315031326 on behalf of
Tempest Tactical Solutions,
electronically submitted from
South Carolina to the SBA in
Iowa

4 DAVID KURT February 22,
SCHNEIDER and | 2021
KELLY JO
DRIVER

Targeted Advance request for
EIDL Application No.
3600240545 on behalf of RealNZ
Water LLC, electronically
submitted from South Carolina to
the SBA in Iowa

5 DAVID KURT December 20,
SCHNEIDER 2021

EIDL Application No.
3325810626 on behalf of David
Schneider dba RealNZ Water,
electronically submitted from the
Eastern District of Washington to
the SBA in Iowa

6 LEIF GERALD _| February 22,
LARSEN and 2021
KELLY JO
DRIVER

Targeted Advance request for
EIDL Application No.
3600597608 on behalf of Larsen
Firearms, electronically submitted
from South Carolina to the SBA
in Iowa

All in violation of 18 U.S.C. § 1343.

INDICTMENT — 33
Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.34 Page 34 of 41

COUNTS 7-11
(False, Fictitious, or Fraudulent Claims)

93. The allegations in paragraphs 1 through 88 of this Indictment are
incorporated as though realleged herein. Furthermore, the allegations in each other
Count of this Indictment are hereby incorporated in this Count.

94. Onor about each of the dates set forth below, in the Eastern District of
Washington and elsewhere, the Defendants DAVID KURT SCHNEIDER, KELLY
JO DRIVER, and LEIF GERALD LARSEN, made and presented to the United
States Small Business Administration claims concerning EIDL applications,
knowing said claims were false and fraudulent, and knowing the information
submitted was materially false and fraudulent, described below for each count, each

claim constituting a separate count:

Count | Defendants Date Description

7 DAVID KURT July 19,2020 | EIDL Application No.
SCHNEIDER and 3311313620 on behalf of Solar
KELLY JO Mobility LLC
DRIVER

8 DAVID KURT October 21, EIDL Application No.
SCHNEIDER and _ | 2020 3315031326 on behalf of Tempest
KELLY JO Tactical Solutions
DRIVER

9 DAVID KURT February 22, | Targeted Advance request for
SCHNEIDER and | 2021 EIDL Application No.
KELLY JO 3600240545 on behalf of RealNZ
DRIVER Water LLC

10 DAVID KURT December 20, | EIDL Application No.
SCHNEIDER 2021 3325810626 on behalf of David

Schneider dba RealNZ Water

1] LEIF GERALD February 22, | Targeted Advance request for
LARSEN and 2021 EIDL Application No.
KELLY JO 3600597608 on behalf of Larsen
DRIVER Firearms

All in violation of 18 U.S.C. § 287, and aided and abetted the same, in violation of

INDICTMENT -— 34
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Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.35 Page 35of 41

18 U.S.C. § 2.

COUNTS 12-24
(Bank Fraud)

95. The allegations in paragraphs 1 through 88 of this Indictment are
incorporated as though realleged herein. Furthermore, the allegations in each other
Count of this Indictment are hereby incorporated in this Count.

96. On or about the dates below, Defendants DAVID KURT
SCHNEIDER, KELLY JO DRIVER, and LEIF GERALD LARSEN, in the Eastern
District of Washington and elsewhere, did knowingly, and with intent to defraud,
execute, and attempt to execute, and cause the execution of, a scheme and artifice to
defraud one or more financial institutions, as defined by 18 U.S.C. § 20, which
scheme and artifice employed material falsehoods, and did knowingly, and with
intent to defraud, execute, and attempt to execute, and cause the execution of, a
scheme and artifice to obtain moneys, funds, credits, assets, or other property owned
by, and under the custody and control of one or more said financial institutions by
means of false and fraudulent pretenses, representations, and promises, as detailed
below for each count, each execution of the scheme and artifice constituting a

separate count:

Count | Defendants Date Description

12 DAVID KURT August 6, 2020 | PPP application submitted to
SCHNEIDER and Community First Bank on behalf
KELLY JO of Solar Mobility LLC
DRIVER

13 DAVID KURT March 2, 2021 | PPP forgiveness application
SCHNEIDER and submitted to Community First
KELLY JO Bank on behalf of Solar Mobility
DRIVER LLC

14 DAVID KURT January 15, Second Draw PPP application
SCHNEIDER and _ | 2021 submitted to Community First
KELLY JO Bank on behalf of Solar Mobility
DRIVER LLC

INDICTMENT — 35
Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.36 Page 36 of 41

15 DAVID KURT March 12, Second Draw PPP application
SCHNEIDER and_ | 2021 submitted to Bank of the West on
KELLY JO behalf of Solar Mobility LLC
DRIVER

16 DAVID KURT January 15, PPP application submitted to
SCHNEIDER and | 2021 Community First Bank on behalf
KELLY JO of Tempest Tactical Solutions
DRIVER LLC

17 DAVID KURT May 28, 2020 | PPP application submitted to
SCHNEIDER and Bank of America on behalf of
KELLY JO RealNZ Water LLC
DRIVER

18 DAVID KURT February 18, | PPP forgiveness application
SCHNEIDER and _ | 2021 submitted to Bank of America on
KELLY JO behalf of ReaINZ Water LLC
DRIVER

19 DAVID KURT June 14,2021 | PPP forgiveness application
SCHNEIDER and submitted to Bank of America on
KELLY JO behalf of RealNZ Water LLC
DRIVER

20 DAVID KURT January 23, PPP application submitted to
SCHNEIDER and_ | 2021 Bank of America on behalf of
KELLY JO RealNZ Water LLC, reference
DRIVER number 4116781126

21 DAVID KURT January 23, Second Draw PPP application
SCHNEIDER and | 2021 submitted to Bank of America on
KELLY JO behalf of RealNZ Water LLC,
DRIVER reference number 4116781286

22 DAVID KURT February 18, | Second Draw PPP application
SCHNEIDER and _ | 2021 submitted to Bank of America on
KELLY JO behalf of RealNZ Water LLC,
DRIVER reference number 4117836832

23 LEIF GERALD March 1, 2021 | PPP application submitted to
LARSEN and Community First Bank on behalf
KELLY JO of Larsen Firearms
DRIVER

24 LEIF GERALD March 2, 2021 | PPP application submitted to
LARSEN and Bank of America on behalf of
KELLY JO Larsen Gunsmithing and Firearms

INDICTMENT -— 36
Case 4:24-cr-06004-SAB ECFNo.1 __ filed 03/06/24 PagelD.37 Page 37 of 41

[DRIVER | |
All in violation of 18 U.S.C. § 1344(1) and (2).
COUNT 25

(Money Laundering)

97. The allegations in paragraphs 1 through 88 of this Indictment are
incorporated as though realleged herein.

98. On or about August 18, 2020, Defendant DAVID KURT
SCHNEIDER, knowing that the property involved in the transactions constituted, or
was derived from, proceeds obtained from some criminal offense, did knowingly
engage in a monetary transaction in criminally derived property of a greater value
than $10,000, that is, the withdraw, deposit, and transfer of $59,000 via a check
written from Community First Bank account ending x2951 and credited to Bank of
America account ending x5239, and which property was derived from specified
unlawful conduct, to wit bank fraud in violation of 18 U.S.C. § 1344, all in violation
of 18 U.S.C. § 1957.

NOTICE OF CRIMINAL FORFEITURE ALLEGATIONS
The allegations set forth in this Indictment are hereby realleged and

incorporated herein by this reference for the purpose of alleging forfeitures.

CONSPIRACY

Pursuant to 18 U.S.C. § 981(a)(1)(C), 18 U.S.C. § 982(a)(2)(A), and 28
U.S.C. § 2461(c), upon conviction of an offense(s) in violation of 18 U.S.C. §
1349, Conspiracy, as set forth in Count 1 of this Indictment, the Defendants,
DAVID KURT SCHNEIDER, KELLY JO DRIVER, and LEIF GERALD
LARSEN, shall forfeit to the United States any property, real or personal, which

constitutes or is derived from proceeds traceable to the offense(s). The property to

be forfeited includes, but is not limited to, the following:

INDICTMENT — 37
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Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.38 Page 38 of 41

MONEY JUDGMENT

A sum of money in United States currency, representing the
amount of proceeds obtained by the Defendants, DAVID
KURT SCHNEIDER, KELLY JO DRIVER, and LEIF
GERALD LARSEN, from the conspiracy violation as stated in
Count 1.

WIRE FRAUD

Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), upon
conviction of an offense(s) in violation of 18 U.S.C. § 1343, Wire Fraud, as set
forth in Counts 2-6 of this Indictment, the Defendants, DAVID KURT
SCHNEIDER, KELLY JO DRIVER, and LEIF GERALD LARSEN, shall forfeit

to the United States any property, real or personal, which constitutes or is derived

from proceeds traceable to the offense(s). The property to be forfeited includes,
but is not limited to, the following:
MONEY JUDGMENT — DAVID KURT SCHNEIDER

A sum of money in United States currency, representing the
amount of proceeds obtained by the Defendant DAVID KURT
SCHNEIDER, from the wire fraud violations as stated in
Counts 2-5.

MONEY JUDGMENT — KELLY JO DRIVER

A sum of money in United States currency, representing the
amount of proceeds obtained by the Defendant, KELLY JO
DRIVER, from the wire fraud violations as stated in Count 2-4,
6.

MONEY JUDGMENT — LEIF GERALD LARSEN

A sum of money in United States currency, representing the
amount of proceeds obtained by the Defendant LEIF GERALD
LARSEN, from the wire fraud violations as stated in Count 6.

If any of the property described above, as the result of any act or omission of
the Defendant:

(a) cannot be located upon the exercise of due diligence;

INDICTMENT -— 38
(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, the United States shall be entitled to forfeiture of substitute
property pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. §
981(a)(1)(C) and 28 U.S.C. § 2461(c).

BANK FRAUD

Pursuant to 18 U.S.C. § 982(a)(2)(A), upon conviction of an offense(s) in
violation of 18 U.S.C. § 1344, Bank Fraud, as set forth in Counts 12-24 of this
Indictment, the Defendants, DAVID KURT SCHNEIDER, KELLY JO DRIVER,
and LEIF GERALD LARSEN, shall forfeit to the United States of America, any

property constituting, or derived from, proceeds obtained, directly or indirectly, as

a result of such violation(s). The property to be forfeited includes, but is not

limited to:
MONEY JUDGMENT — DAVID KURT SCHNEIDER

A sum of money in United States currency, representing the
amount of proceeds obtained by the Defendant DAVID KURT
SCHNEIDER, from the bank fraud violations as stated in Count
12-22.

MONEY JUDGMENT — KELLY JO DRIVER

A sum of money in United States currency, representing the
amount of proceeds obtained by the Defendant, KELLY JO
DRIVER, from the bank fraud violations as stated in Count 12-
24.

MONEY JUDGMENT — LEIF GERALD LARSEN
A sum of money in United States currency, representing the
amount of proceeds obtained by the Defendant LEIF GERALD

INDICTMENT — 39
Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.40 Page 40 of 41

LARSEN, from the bank fraud violations as stated in Count 23-
24.

If any of the property described above, as a result of any act or omission of
the Defendant:
cannot be located upon the exercise of due diligence;

a.
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,
the United States of America shall be entitled to forfeiture of substitute property
pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(1) and 28
U.S.C. § 2461(c). All pursuant to 18 U.S.C. § 982(a)(2)(A) and 28 U.S.C.
§ 2461(c).

MONEY LAUNDERING

Pursuant to 18 U.S.C. § 982(a)(1), upon conviction of an offense(s) in
violation of 18 U.S.C. § 1957, Money Laundering, as set forth in Count 25 of this
Indictment, the Defendant, DAVID KURT SCHNEIDER, shall forfeit to the
United States of America, any property constituting, or derived from, proceeds

obtained, directly or indirectly, as a result of such violation(s). The property to be

forfeited includes, but is not limited to:
MONEY JUDGMENT — DAVID KURT SCHNEIDER

A sum of money in United States currency, representing the

amount of proceeds obtained by the Defendant DAVID KURT
SCHNEIDER, from the money laundering violation as stated in
Count 25.

INDICTMENT — 40
BW b

Case 4:24-cr-06004-SAB ECFNo.1 _ filed 03/06/24 PagelD.41 Page 41 of 41

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;

co. 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,
the United States of America shall be entitled to forfeiture of substitute property
pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(1) and 28
U.S.C. § 2461(c). All pursuant to 18 U.S.C. § 982(a)(2)(A) and 28 U.S.C.
§ 2461(c).

DATED this a day of March 2024.

A TRUE BILL

Vanessa R. Waldref
United States Attorney

Assistant United States Attorney

Assistant United States Attorney

INDICTMENT — 41


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