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Indictment — United States v. Halee Ann Mehlbauer et al., District of Utah (Document 1)

Summary

A grand jury Indictment in United States of America v. Halee Ann Mehlbauer, Timothy George Lopez and Rick A. Bolton, Case 2:24-cr-00061-DBB, in the U.S. District Court for the District of Utah, filed February 28, 2024 as Document 1. Counts 1-7 charge wire fraud and aiding and abetting under 18 U.S.C. §§ 1343 and 2 as to Mehlbauer, Lopez and Bolton, and Count 8 charges money laundering under 18 U.S.C. § 1957 as to Mehlbauer only. The Indictment alleges that the defendants applied for a total of approximately $422,242.50 in PPP Loans for generally nonexistent companies, obtaining approximately $195,930.50, and sought forgiveness of approximately $158,477.50. It alleges that the funds were used for gambling, debt payments and car rentals, and lists forfeiture of $18,900 seized from Bolton's Capital One account.

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Cite this document

“Indictment — United States v. Halee Ann Mehlbauer et al., District of Utah (Document 1).” Original at ecf.utd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-usa-v-mehlbauer-et-al-dkt-1-a85a1b1c2d/, SHA-256 a715207d31e1f96b7abdc8cbf1ec090abd6289aaab1324001aa8ecee58c91ac4.

Full text

Case 2:24-cr-00061-DBB        Document 1      Filed 02/28/24     PageID.1     Page 1 of 33




 TRINA A. HIGGINS, United States Attorney (#7349) ·
 TODD C. BOUTON, Assistant United States Attorney (#17800)
 Attorneys for the United States of America
 Office of the United States Attorney
 111 South Main Street, Suite 1800
 Salt Lake City, Utah 84111-217 6
 Telephone: (801) 524-5682 .
 Email: todd.bouton@usdoj.gov

                         IN THE UNITED STATES DISTRICT COURT
                                   DISTRICT Of UTAH

  UNITED STATES OF AMERICA,                       VIOLATIONS:

           Plaintiff,                             COUNTS 1-7: 18 U.S.C. §§ 1343 and 2,
                                                  Wire Fraud an_d Aiding and Abetting
           vs.                                    (as to Mehlbauer, Lopez, and Bolton)

  HALEE ANN MEHLBAUER,                            COUNT 8: 18 U.S.C. § _1957,..
  TIMOTHY GEORGE LOPEZ, and                       Money Laundering
  RICK A. BOLTON,                                 (as to Mehlbauer only)

           Defendants.
                                                         Case: 2:24-cr-00061
                                                         Assigned To : Barlow, David
                                                         Assign. Date: 2/27/2024
                                                                                             I•



      The Grand Jury Charges:
                                  I. BACKGROUND

      At all times relevant to this Indictment:

      1.         Defendants HALEE ANN MEHLBAUER ("MEHLBAUER"), TIMOTHY

GEORGE LOPEZ ("LOPEZ"), and RICK A. BOLTON ("BOLTON") (and collectively,

"DEFENDANTS") were residents of Tooele, Utah, in the District ofUtah.
Case 2:24-cr-00061-DBB        Document 1         Filed 02/28/24   PageID.2     Page 2 of 33




       2.      During the COVID-19 pandemic, MEHLBAUER, LOPEZ, and BOLTON

 worked together to defraud the COVID-19 relief program, dubbed the Paycheck Protection

 Program ("PPP" or "PPP Program"), and related lenders out of approximately $195,930.50,

 and attempted to defraud them out of another approximately $226,312, by fraudulently

applying for a total of approximateiy $422,242.50 in PPP Loans.

       3.     MEHLBAUER, LOPEZ, and BOLTON specifically defrauded and

attempted to defraud the PPP Program, the Small Business Administration ("SBA") which

administered the program, and lenders issuing loans through the program-by submitting

false and fraudulent statements on behalf of (generally) nonexistent companies (a) to

several lenders in at least ten separate PPP-Loan applications, and (b) directly or indirectly

to the SBA in at least five related PPP-Loan forgiveness applications.

       4.     In the PPP-Loan applications, DEFENDANTS fabricated employee, payroll,

and revenue amounts in an attempt to obtain a total of approximately $422,242.50 in PPP

Program loans ("PPP Loans''). In the five related. loan-forgiveness applications,

DEFENDANTS then also made false statements to the SBA regarding.their use of the loan

funds. They did so in order to improperly obtain loan forgiveness for approximately

$158,477.50 worth of their frauduleµtly obtained PPP-Loans.

      5.      To commit their fraud, DEFENDANTS made use of, among other things,

online PPP-Loan applications and loan-forgiveness applications and EFT payments from.

their lenders to various financial accounts in Utah over which DEFENDANTS had custody

and control, including a Republic Bank of Chicago account ending in x03 l l, a Fidelity



                                             2
Case 2:24-cr-00061-DBB        Document 1         Filed 02/28/24   PageID.3    Page 3 of 33




 Investments account ending in x4096, Bancorp Bank accounts ending in x7491 and x2958,

 and a Capital One account ending in x7067.

                           The Small Business Administration

        6.     The SBA is an executive branch agency of the United States government that

 supports 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 iri the economic recovery of communities after disasters.

        7.     As part of this effort, the SBA enables and provides loans through banks,

credit unions, and other lenders. Some of these loans have government-backed guarantees.

                           The Paycheck Protection Program

        8.    On March 27, 2020, the President signed into law the Coronavirus Aid, Relief,

•and Economic Security Act ("CARES Act"). This Act was an economic stimulus bill that

provided emergency fmancial assistance to small business owners, _including agricultural

businesses, and nonprofit organizations in all U.S. states, Washington D.C.; and territories

which were affected by the COVID-19 pandemic. One form of _assistance provided by the

CARES Act was the authorization of up to $349 billion in forgivable loans to small

businesses for job retention arid certain other expenses, through the PPP Program.

       9.     As discussed more fully below, the PPP program, which is operated by the

SBA, provided small businesses with funding to meet speGific business obligations,

including p~yroll and rent. The PPP program permitted participating third-party lenders to

approve and disburse SBA-backed PPP Loans to ~over payroll, fixed debts, utilities,·

rent/mortgage, accounts payable, and other bilis ·incurred by qualifying businesses during,

                                             3
Case 2:24-cr-00061-DBB         Document 1         Filed 02/28/24   PageID.4      Page 4 of 33




 and resulting from, the COVID-19 pandemic. PPP Loans were fully guaranteed by the SBA.

 In the event of default, the SBA ·would fully satisfy the lender for any balance remaining on

 the loan. Further, the SBA would forgive any loan ·up to 100 percent if the borrower

 established
          •
             it had utilized 60 percent of the loan on. payroll costs in the 24-week period post-
                                                           ''            .




 disbursement, with the remaining 40 percent going toward covered mortgage interest

 payments, covered rent payments, covered utilities, covered operations expenditures,

 covered property damage costs, covered supplier costs, and covered worker protection

 expenditures. Whatever portion was not forgiven was serviced as a loan.

        I 0;   The SBA promulgated regulations concerning eligibility for a PPP Loan. To

obtain a PPP Loan, a qualifying business was required to submit a PPP-Loan application,

which _was signed by an authorized representative of the business. The PPP-Loan

application required the business (through its authorized representative) to acknowledge the

program rules and make certain affirmative certifications in order to be eligible to obtain

the PPP L6an, including that the business was in operation on February 15, 2020 and either

had employees for whom it paid salaries and payroll taxes or p·aid independent contractors,

as reported on a "Form 1099-MISC." Specifically, in the PPP-Loan application (SBA Form

2483), the small business (through its authorized representative) was required to state its:

(a) average monthly payroll expenses; and (b) number of employees.

       11.     In addition to providing the above information, a business applying for a PPP

Loan was required to provide documentation showing its payroll expenses. This payroll

information was material to the loan application because, pursuant to statutory requirements

and implementing regulations, the amount of the loan that typically could be approved was

                                              4
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 a function of the applicant's historical· payroll costs, consisting of compensation to its

 employees whose principal place of residence was the United States, subject to certain

 exclusions. Once approved for a PPP Loan by a participating third-party lender, small

 businesses could receive loans ofup to $10,000,000.

                       Sole Proprietorship Eligibility for PPP Loans

        12.    Individuals who operated a business under a "sole proprietorship" business

 structure were also eligible for a PPP Loan. To qualify for such a PPP Loan, individuals had

to report and document their income and expenses from the sole proprietorship, as typically

reported to the Internal Revenue Service on a "Form 1040 Schedule C," for a given tax year.

As with other PPP Loans, this information _and supporting documentation was used to

calculate the amoun~ of money the individual was entitled to receive under the PPP program.

The maximum loan amount for a sole proprietor with no employees was $20,833.

  PPP Loan Applicants Certified the Accuracy of the Information in their Applications

       13.    By signing a PPP-Loan application, each applicant attested and certified that

the information provided in the application and in all supporting documents and forms

submitted with the application was true and accurate, and that the applicant understood that

knowingly making a false statement to obtain a PPP Loan was a crime.

              PPP-loan Application Processing Through Interstate Servers

       14.    A PPP-Loan application was processed by the third-party participating lender

with whom the application was filed. If a PPP-Loan application was approved, the

participating lender would fund the PPP Loan. In order to encourage PPP Loans to be
                                                            .                 .      .
issued, the loan was guaranteed by the SBA. Data from the application, including

                                             5
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  information from the borrower, the total amount of the loan, and the listed number of

  employees, was transmitted by the lender to the SBA in the course of processing the loan.

       PPP-Loan Applications Submitted Through August 8, 2020 (PPP Rounds 1-2)

         15.    PPP-Loan applications submitted through August 8, 2020 were part of the

  first and second rounds of PPP Loans.

         16.    The PPP-Loan applications from the first and second rounds were received

  through the SBA E-Tran s¢rver which is located in Sterling, Virginia. PPP lenders then

  disbursed the funds to the borrower and submitted disbursement details into the SBA E-

  Tran system located in Sterling, Virginia. The SBA transmitted the PPP-Loan processing

  fee to the lenders through the Financial Management System ("FMS") to the Treasury. The

 primary server for the FMS is in Sterling, Virginia. The .lenders would then generally

 •transmit the loan funds to the borrower's bank account as directed by the borrower.

        PPP-Loan Applications Submitted After January 11, 2021 (PPP Round 3)

        17.    PPP-Loan applications submitted after January 11, 2021 were part of the third

 round of PPP Loans. These PPP-Loan applications were received through the Summit

 platform, a cloud-based platform :utilizing A WS GOV cloud servers located in Oregon. 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 FMS system to the

 Treasury. The primary server for FMS was and is in Sterling, Virginia.

                      "First-Draw" and "Second-Draw" PPP-Loans

        18.    Qualified PPP-Loan applicants could receive up to two separate PPP Loans.

 These staggered loans were· referred to as ·"First-Draw" and "Second-Draw" PPP Loans.

                                             6
Case 2:24-cr-00061-DBB         Document 1        Filed 02/28/24   PageID.7       Page 7 of 33




 First-Draw PPP Loans were first offered to certain qualifying businesses. Second-Draw PPP

 Loans were later offered to quaH:fying businesses who had already received and properly

 used a First-Draw PPP Loan, and could demonstrate at least a 25% reduction in gross

 receipts between comparable quarters in 2019 and 2020.
                  .                   .
              Authorized Use ofPPP-Loan Funds and Forgiveness ofPPP Loans

        19.      The proceeds of a PPP Loan could be. used only for certain specified items,

. such as payroll costs, costs related to the continuation of group health care benefits, or

mortgage interest payments. The proceeds of a PPP loan were not permitted to be used by

the borrowers to purchase consumer goods, automobiles, personal residences, clothing,

jewelry, to pay the borrower's personal federal income taxes, or to fund the borrower's

ordinary day-to-day living expenses unrelated to· the specified authorized expenses.

       20.      If a borrower used PPP-Loan funds for authorized expenses, the borrower

could later apply for forgiveness of all the loan proceeds properly· expended.

       21.      PPP-Loan Forgiveness Applications from PPP lenders were received through

a cloud-based platform (Summit) through the AWS GOV cloud server located in Oregon.

The SBA then transmitted PPP-Loan forgiveness payments from the SBA to the PPP lender

through the FMS system to the Treasury. The primary server for the FMS system is in

Sterling, Virginia.

                                          Lenders •

       22.      MBE Capital Partners, LLC ("MBE Capital Partners") was an independent

finance provider for small- to middle-market companies. MBE Capital was headquartered



                                             7
Case 2:24-cr-00061-DBB        Document 1         Filed 02/28/24   PageID.8    Page 8 of 33




 in Fort Lee, New Jersey. When the PPP-Loan program was in operation, MBE Capital

 Partners offered PPP Loans to customers.

       23.    Itria Ventures LLC, ("Itria Ventures") was a direct lender with its principal

 place of business in New York, New York. When the PPP-Loan program was in operation,

Itria Ventures offered PPP Loans to customers.

       24.    Fountainhead SBF, LLC ("Fountainhead SBF") was a direct commercial

lender specializing in SBA and conventional financing for small and midsized businesses,

with its principal place of business in Lake Mary, Florida. When the PPP-Loan program

was in operation, Fountainhead SBF offered PPP Loans to customers .

     . 25.    preamSpring Finance ("DreamSpring") was a nonprofit organization. that

i~creased access to business credit and made loans to entrepreneurs across the United States.

DreamSpring was headquartered in Albuquerque, New Mexico. When the PPP-Loan

program was in operation, DreamSpring offered PPP Loans to customers.

       26.   Harvest Small Business Finance, LLC ("Harvest Small Business Finance")

was an SBA lender that originated, owned, sold, and serviced small business loans backed

by first-lien, owner-occupied, multi-purpose commercial real estate. Harvest Small

Business Finance was headquartered in Laguna Hills, California. When the PPP-Loan

program was in operation, Harvest Small Business Finance offered PPP Loans to customers.

      27.    .Funding Circle USA ("Funding Circle") was a direct lender that provided fast,

affordable small business loans in the United States. Funding Circle was headquartered in

Denver, Colorado. When the PPP-Loan program was in operation, Funding Circle offered



                                             8
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 PPP Loans to customers and processed PPP-Loan applications through data centers located

 in Virginia.

                     II.    THE SCHEME AND ARTIFICE TO DEFRAUD

        28.       Beginning on or around July 15, 2020, and continuing to and including on or

around at least January 15, 2022, within the District of Utah and elsewhere, the defendants,

                                HALEE ANN MEHLBAUER,
                                TIMOTHY GEORGE LOPEZ,
                                   and RICK A. BOLTON,

knowingly devised and exe~uted a scheme and artifice to defraud lenders and the SBA and

sought to obtain moriey and property from lenders and the SBA by means of materially false

and fraudulent pretenses~ representations and promises, and omissions of material facts.

      III.           MANNER AND MEANS OF THE ·SCHEME AND ARTIFICE
                                    TO.DEFRAUD
                                                         .                      .
       29 .-      It was part of the scheme and artifice to defraud, and in execution and •

furtherance thereof, that DEFENDANTS attempted to obtain money from several lenders

and entities and from the SBA, in the form of approximately $422,242.50 in PPP-Loan

proceeds, tprough false statements, misrepresentations, deception, and om1ss10ns of

material facts, and to then use those loan proceeds to:·

               a. Pay for DEFENDANTS' unauthorized personal expenses, such as gambling

                 expenses, debt payments, car rental payments, and ·9ther miscellaneous

                 expenses that were not related to any authorized payroll expenses;

             b. Transfer at least approximately $49,475.02 to MEHLBAUER in the form of

                 personal checks:


                                               9
Case 2:24-cr-00061-DBB        Document 1       Filed 02/28/24    PageID.10      Page 10 of 33




                       (1)     One check for $42,481.50 on or about February 8, 2021; and

                      (2)      Another check for $6,993.52 on or about February 8, 2021; and

              c. Attempt to obtain forgiveness of as much of the loan proceeds as possible.

        30.      In executing and attempting to execute the scheme and artifice to defraud, and

 in furtherance thereof, MEHLBAUER, LOPEZ, and BOLTON made false and fraudulent

 pretenses, representations, promises, and omissions of material facts to certain lenders,

 nonprofit organizations, finance providers, and the SBA, in violation of 18 U.S.C. § 1343

 (Wire Fraud) by, among other things:

              a. Submitting and causing to be submitted a fraudulent PPP-Loan application to

                 MBE Capital Partners (for MEHLBAUER) on or aboutJuly 15, 2020;

           b. Submitting and causing to be submitted a fraudulent PPP-Loan application to

                 Itria Ventures (for MEHLBAUER) on or about January 31, 2021;

          c. _Submitting and causing to be submitted a fraudulent PPP-Loan application to

                _Funding Circle (for BOLTON) on or about February 7, 2021;

          d. Submitting and causing'to be submitted a fraudulent ;E>PP-Loan application to_

                Fountainhead SBF (for MEHLBAUER) on or about March 17, 2021;

          e. Submitting and causing to be submitted a fraudulent PPP-Loan application to

                DreamSpring (for'BOLTON) on or about March 20, 2021; •

          f. Submitting and causing to be submitted a fraudulent PPP-Loan application to

                Harvest Small Business Finance (for BOLTON) on March 23, 2021;

          g. Submitting and causing to be submitted a fraudulent PPP-Loan application to

                DreamSpring (for LOPEZ) on or about March 25, 2021;

                                              10
Case 2:24-cr-00061-DBB          Document 1     Filed 02/28/24    PageID.11     Page 11 of 33




             h. Submitting and causing to be submitted a fraudulent PPP-Loan application to

                   Fountainhead SBF (for MEHLBAUER) on or about April 4, 2021;

             1.    Submitting and.causing to be subini~ed a fraudulent PPP-Loan application to

                  . Dream Spring (for LOPEZ) on or about April 13, 2021;

             J. Submitting and causing to be submitted a fraudulent PPP-Loan application to

                   Harvest Small Business·Finance (for BOLTON) on or about May 28, 2021.

             k. Submitting and causing to be submitted a fraudulent PPP-Loan Forgiveness

                   application to the SBA (for MEHLBAUER) on or about September 15, 2021;

             1. Submitting and causing to be subm.itted a fraudulent PPP-Loan Forgiveness

                  application to the SBA (for BOLTON) on or about September 22, 2021;

             m. Submitting and causing to be submitted a fraudulent PPP-Loan Forgiveness

                  application to the SBA (for MEHLBAUER) on or about September 30, 2021;

                  and

             n. Submitting and causil)g to be submitted two more fraudulent PPP-Loan

                  Forgiveness applications to DreamSpring (for LOPEZ) on January 15, 2022.

       31.        Material misrepresentations made in each of the fraudulent PPP-Loan

 applications and PPP-Loan Forgiveness applications are identified in more detail below.

       July 15, 2020 PPP-Loan Application Submitted Through MBE Capital Partners
       (for MEHLBAUER):

       32.        On or about July 15, 2020, MEHLBAUER completed and submitted a PPP-'

Loan application to MBE Capital Partners for a First-Draw PPP Loan in the amount of

approximately $35,000.


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        33.         In execution and furtherance of the scheme and artifice to defraud;

 MEHLBAUER made, or caused to be made, one or more of the following false, fraudulent,

 and material representations to MBE Capital Partners that:

              a. She was the sole proprietor of a business called "Halee Mehlbauer" •(the

                    "MEHLBAUER BUSINESS") which had been in operation as of February

                    15, 2020; when in fact~ it had not been;

              b. The MEHLBAUER BUSINESS had 5 employees; when iri fact, it did not;

              c. The MEHLBAUER BUSINESS had an average monthly payroll of $14,000;

                when in fact, it did not; •

         • d. The 2019 and 2020 IRS Form 941s MEHLBAUER submitted along with the

                PPP-Loan
                .    .
                         Application accurately reflected
                                                  .       the amount of. wages, tips, and

                other compensation that the MEHLBAUER BUSINESS had paid employees

                -in 2019 and 2020; when in_fact, they did not; and

             e. The information provided in the PPP~Loan application and the information

                provided in all supporting documents and forms was true and accurate in all

                material respects; when in fact, it was not.

       34.      The PPP-Loan application was approved, and, on or about August 14, 2020,

approximately $32,800 were deposited into MEHLBAUER's Republic Bank of Chicago

Account in Utah ending in x031 l.

II I

 Ill

Ill

                                                 12
Case 2:24-cr-00061-DBB         Document 1      Filed 02/28/24     PageID.13     Page 13 of 33




        January 31, 2021 PPP~Loim Application Submitted Through Itria Ventures (for
        MEHLBAUER):                 •

        35.      On or about January 31, 2021, MEHLBAUER completed and submitted a

 PPP-Loan application to Itria Ventures for a Second-Draw PPP Loan in the.amount of

 approximately $58,481.50.

        36.      In . execution and :furtherance of the scheme and artifice to defraud,

 MEHLBAUER made, or caused to be made, one or more of the following false, fraudulent,

 and material representations to Itria Ventures that:

          a.     She was the sole proprietor of the MEHLBAUER BUSINESS which had

                 been in operation as of February 15, 2_020; when in fact, it had not been;

              b. The MEHLBAUER BUSINESS had 4 employees; when in fact, it did not;

              c. The MEHLBAUERBUSINESS had an average monthly payroll of$16,709;

                when in fact, it did not;

           d. The 2019 IRS Form 940 that MEHLBAUER submitted along with the PPP-

                Loan Application· accurately· reflected the amount of payroll taxes that

                MEHLBAUER BUSINESS had paid employees in 2019 (approximately

                $103,878.37); when in fact, it did not;

           e. The 2020 IRS Form 941 that MEHLBAUER submitted along with the PPP-_

                Loan Application accurately reflected the amount of wages, tips, other

                compensation, and payroll taxes that the MEHLBAUER BUSINESS had

                paid employees in the first quarter of 2020 (approximately $40,582.31);

                when in fact, it did not; •


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              f. The 2019 IRS 1040 Tax Form Schedule C that MEHLBAUER submitted

                 along with the PPP-Loan Application accurately reflected that· the

                 MEHLBAUERBUSINESS had approximately $159,976 in gross receipts or
                      .                                .




                 sales, and $129,161 iri gross income in 2019; when in fact, it did not; and

              g. The information provided in the PPP-Loan application and the information

                 provided in all supporting documents and forms was· true and accurate in all

                 material respects; when in fact, it was not.

        37.      The PPP-Lo.an application was approved, and, on or about February 2, 2021,

 approximately $58,481.50 were deposited into MEHLBAUER's Fidelity Investments

 Account in Utah ending in x4090.

       February 7, 2021 PPP-Loan Application Submitted Through Funding Circle (for
       BOLTON):

       38..     On or about February 7, 2021, MEHLBAUER and BOLTON caused to be

 completed and submitted a PPP-Loan application to Funding Circle for a First-Draw PPP

Loan in the amount of approximately $92,190.

       39.      In execution and furtherance of the scheme and artifice to- defraud,

MEHLBAUER and BOLTON made, or caused to be made, one or more of the following

false, fraudulent, and material representations· to Funding Circle:

             a. That BOLTON was the sole proprietor of a business called "Rick Bolton"

                ("the BOLTON BUSINESS");

             b. The BOLTON BUSINESS had 6 employees; when in fact, it did not;




                                               14
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              c. The BOLTON BUSINESS had an average monthly payroll of $36,876; when

                 in fact, it did not;

              d. The 2020 1040 Tax Form Schedule C that MEHLBAUER and BOLTON

                 submitted along with the PPP-Loan Application accurately reflected that the

                 BOLTON BUSINESS had approximately $389,472 in gross receipts or sales,

                 and $316,333 in gross income· in 2020; when in fact, it did not; and

              e. The image of a 2020 Payroll Tax Return (a Form 941) that MEHLBAUER .

                and BOLTON submitted along with the PPP-Loan Applic.ation accurately

                reflected that the Bolton Business had paid· $122,789 in wages to five

                employees in 2.020; when in fact, it had not.

        40.     Funding Circle denied the loan application.

        March 17, 2021 PPP-Loan Application Submitted Through Fountainhead SBF
        (for MEHLBAUER):

       41.      On or about March 17, 202{, MEHLBAUER completed and submitted a

 PPP-Loan Application to Fountainhead SBF for a First-Draw PPP Loan in the amount of

.approximately $18,621.

       42.      In execution and furtherance of the scheme and artifice to defraud,

MEHLBAUER made, or caused to be made, one or more of the following false, fraudulent,

 and material representations to Fountainhead SBF:

Ill

Ill




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             a. She was self-employed under the DBA or Tradename "Halee Mehlbauer"

                 dba   RNRAK.      EVERYTHING           STORE    (the     "SELF-EMPLOYED .

                MEHLBAUER BUSINESS");

             b. The SELF-EMPLOYED MEHLBAUERBUSINESS had been in operation

                as of February 15, 2020; when in fact, it had not been;

             c. MEHLBAUER was not th~ owner of any other business; when, in ,fact, she

                had previously claimed to be the owner of the MEHLB,A.UER BUSINESS

                and submitted two prior PPP-Loan applications for that business;

             d. In 2019, the SELF-EMPLOYED MEHLBAUER BUSINESS had gross

                annual income of $89,382; when, in fact, it did not;

             e. The 2020 IRS Tax Form 1040 Schedule C that MEHLBAUER submitted

               . along with the PPP-Loan Application accurately reflected that the SEJ,F-

                EMPLOYED MEHLBAUER BUSINESS had $138,543 in gross receipts or

                sales, and $97,015 in gross income in 2020; when in fact, it did not; and

             f. The information provided in the PPP-Loan application and the information

                provided in all supporting documents and forms was true and accurate in all

                material respects; when in fact, it was not.

       43.      The PPP-Loan application was approved, and, on or about March 30, 2021,

approximately $18,621 were deposited into MEHLBAUER's Bancorp Bank Account in

Utah ending in x7 491.

Ill

// I
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        March 20, 2021 PPP-Loan Application Submitted Through DreamSpring (for
        BOLTON):

        44.      On or about March 20, 2021, MEHLBAUER and BOLTON caused to be

 completed and submitted a PPP-Loan Application to DreamSpring for a First-Draw PPP

 Loan in the amount of approximately $107,661.

        45.     . In execution and furtherance of the scheme and artifice to defraud,

 MEHLBAUER and BQLTON made, or caused to be made, one or more of the foll_owing

 false, fraudulent, and material representations to DreamSpring: ·

              a. That BOLTON was the sole proprietor of a business called "Rick Bolton"

                 ("the BOLTON BUSINESS") which had been in operation as of February

                 15, 2020; wheu in fact, it had not been;

              b. The BOLTON BUSINESS had 1 employee; when in fac~, it did ilot;.

              c. The BOLTON BUSINESS had an average monthly payroll of $34,731; when

                 in fact, it did not; and

             d. The 2020 IRS 1040 Tax Form Schedule C that MEHLBAUER and BOLTON

                submitted along with the PPP-Loan Application accurately reflected that the

                BOLTON BUSINESS had approximately $589,265 in gross receipts or sales,

                and $576,508 in gross income in 2020; when in fact, it did not.

       46.      DreainSpring denied the loan application.

Ill

II I

II I


                                              17
Case 2:24-cr-00061-DBB         Document 1       Filed 02/28/24   PageID.18    Page 18 of 33




        March 23, 2021 PPP-Loan Application Submitted Through Harvest Small
        Business Finance (for BOLTON):

        47.      On or about March 23, 2021, MEHLBAUER and BOLTON caused to be

 completed and submitted to Harvest Small Business Finance a PPP-Loan application for a

 First-Draw.PPP Loan in the amount of approximately $18,900.

        48. • In execution and furtherance of the scheme and artifice to defraud,

 MEHLBAUER and BOLTON made, or caused to be made, one or more of the following

. false, fraudulent, and material representations to Harvest Small Business Finance:

              a. That BOLTON was the sole proprietor of a business called "Rick Bolton"

                 ("the BOLTON BUSINESS") which had been in operation as of February

                 15, 2020; when in fact, it had not been;

           b. The BOLTON BUSINESS had ·an average monthly payrQll for a single

                employee of about $7,560.33; when in fact, it did not;

           c. The 2020 IRS 1040 Tax Form Schedule C submitted along with the PPP-

                Loan Application accurately reflected that the BOLTON BUSINESS had

                approximately $137,823 in gross receipts or sales, and $90,724 in gross

                income in 2020; when in fact, it did not; and

          d. The information provided in the PPP-Loan application and the information

                provided in all supporting documents and forms was true and accurate in all

                material respects; when in fact, it was not.


I II



                                               18
Case 2:24-cr-00061-DBB         Document 1      Filed 02/28/24    PageID.19   Page 19 of 33




         49.       The PPP-Loan application was approved, and, on or.about April 14, 2021,

  approximately $18,900 were deposited into BOLTON' s Capital One Account in Utah

  ending in x7067.

         50.      Before BOLTON could spend the loan funds, Capital One placed a hold on

  the loan funds and returned them to the lender.

        March 25, 2021 PPP-Loan Application Submitted Through DreamSpring (for
        LOPEZ):

         51.      On or about March 25, 2021, MEHLBAUER and LOPEZ caused to be

  completed and submitted a PPP-Loan application to DreamSpring for a First-Draw PPP

 Loan in the amount of approximately $20,211.

        52.       In execution and furtherance of the scheme and artifice to defraud,

 MEHLBAUER and LOPEZ made, or caused to be made;· one or more of the following

 false, fraudulent, and material representations to DreamSpring:

               a. That LOPEZ was the sole proprietor of a business called "Timothy Lopez"

                  ("the LOPEZ BUSINESS") which hcid been in operation as of February 15,

                  2020;

              b. The 2020 IRS 1040 Tax Form Schedule C submitted along with the PPP-

                 Loan Application accurately reflected that the LOPEZ BUSINESS had

                 approximately $138,543 in gross receipts or sales, and $97,015 ·in gross

                 income in 2020; when in fact, it did not; and


./ II



                                               19
Case 2:24-cr-00061-DBB          Document 1      Filed 02/28/24    PageID.20    Page 20 of 33




               c. The information provided in the PPP-Loan application and the information

                  provided in all supporting documents and forms was true and accurate in all

                  material respects; when in fact, it was not.

        53.       The PPP-Loan application was approved, and, on· or about April 27, 2021,

 approximately $20,211 were deposited into LOPEZ's Bancorp Bank Account in Utah

 ending in x2958.

       April 4, 2021 PPP-Loan Application Submitted Through Fountainhead SBF (for
       MEHLBAUER):

        54.      On or about April 4, 2021, MEHLBAUER completed and submitted another

• PPP-Loan application to Fountainhead SBF for another Second-Draw PPP Loan in the

 amount of approximately $18,621.

       •55.      In execution and furtherance of the scheme and artifice to defraud,

 MEHLBAUERmade, or caused, to be made, one or more of the following false, fraudulent, .

 and material representations to Fountainhead SBF:

              a. She was self-employed under the DBA or Tradename "Halee Mehlbauer"

                . (the "SELF-EMPLOYED MEHLBAUER BUSINESS");_

              b. The SELF-EMPLOYED MEHLBAUERBUSINESS had been in operation

                 as of February 15, 2020; when in fact, it had not been;

              c. MEHLBAUER was not the .owner of any other business; when, in fact, she

                 had previously claimed to be the owner of the MEHLBAUER BUSINESS.·

                 and submitted two prior PPP-Loan app~ications for that business;




                                               20
Case 2:24-cr-00061-DBB           Document 1       Filed 02/28/24   PageID.21      Page 21 of 33




                d. In 2019, the SELF-EMPLOYED MEHLBAUER BUSINESS had gross

                   annual income of $89,382; when, in fact, it did not;

                e. The.2020 IR1f 1040 Tax Form Schedule C that MEHLBAUER submitted

                   along with the PPP-Loan Application accurately reflected that the SELF-

                   EMPLOYED MEHLBAUERBUSINESS had $138,543 in gross receipts or

                   sales, and $97,015 in gross income in 2020; when in fact, it did not; and·

                f. The inform~tion provided in the PPP-Loan application and the· information

                   provided in all supporting documents and forms was true and accurate in all

                   material respects; when in fact, it was not.

          56.      The PPP-Loan application was approved, and, on or about April 26, 2021,

 approximately $18,621 were deposited into MEHLBAUER's Bancorp Bank Account in

 Utah ending in x7 491 .

         . April 13, 2021 PPP-Loan Application Submitted Through DreamSpring (for
           LOPEZ):

          57.     On or about April 13, 2021, MEHLBAUER and LOPEZ caused to be

 completed and submitted a PPP-Loan application to DreamSpring for a Second-Draw PPP

Loan in the amount of approximately $28,296.

          58.     In execution and :furtherance of the scheme and artifice to defraud,

MEHLBAUER and LOPEZ made, or caused to be made, one or more of the following

false, -fraudulent, and material representations to Dre;imSpring:

Ill

I I I-


                                                 21
Case 2:24-cr-00061-DBB           Document 1      Filed 02/28/24   PageID.22   Page 22 of 33




        a. That LOPEZ was the sole proprietor of a business called "Timothy Lopez" ("the

              LOPEZ BUSINESS") which had been in operation as of February 15, 2020;

        b. The 2020 IRS 1040 Tax Form Schedule C submitted along with the PPP-Loan

              Application accurately reflected that the LOPEZ BUSINESS had approximately

              $138,543 in gross receipts or sales, and $97,015 in gross income in 2020; when

              in fact, it did not; and

        c. The information provided in the PPP-Loan application and the information

              provided in all supporting documents
                                         .   .
                                                   and forms was true and accurate in all

              material respects; when in fact, it was not.

        59.      The PPP-Loan application was approved, and, on or about June 22, 2021,

 approximately $28,296 were deposited into LOPEZ's Bancorp Bank Account in Utah

 ending in x2958.

       May 28, 2021 Second-Draw PPP-Loan Application Submitted Through Harvest
       Small Business Finance (for BOLTON): .

       60.      •On or about May 28, •2021, MEHLBAUER and BOLTON caused to be

 completed and submitted a PPP-Loan application to Harvest Small Business Finance for a

Second-Draw PPP Loan in the amount of approximately $26,461.

       61.       In execution and furtherance of the scheme and artifice to defraud,

MEHLBAUER and BOLTON made, or caused to be made, one or more of the following

false, fraudulent, and material representations to Harvest Small Business Finance:



II/

                                               22
Case 2:24-cr-00061-DBB          Document 1       Filed 02/28/24   PageID.23    Page 23 of 33




               a. That BOLTON was the sole proprietor of a business called "Rick Bolton" .
                  ("the BOLTON BUSINESS") which had been in operation as of February

                  15, 2020;

              b. The BOLTON BUSINESS had an annual gross mcome m 2020 of

                 approximately $90,724; when in fact, it did not; and

              c. The information provided in the PPP-Loan application and the information

                 provided in all supporting documents and forms was true and accurate in all

                 material respects.; wh.en in fact, it was not.

        62.      Harvest Small Business Finance denied the loan application.

        September 15, 2021 PPP-Loan Forgiveness Applicatio.n Submitted Through the
        SBA Direct Forgiveness Portal (for MEHLBAUER):

        63.      On or about. September 15, 2021, MEHLBAUER completed and submitted

 a PPP-Loan Forgiveness. Application through the SBA's direct forgiveness portal

 requesting forgiveness of the entire approximately $58,481.50 in PPP-Loan proceeds from

 the :first-Draw PPP Loan she applied for on or about January 31, 2021.

       64.       In execution and furtherance of. the scheme and artifice to defraud,

MEHLBAUER made, or caused to be made, one or more of the following false, fraudulent,

and material representations to the SBA:

              a. The MEHLBAUER BUSINESS had 4 employees at the time of the PPP-

                Loan application and at the time of the PPP-Loan Forgiveness Application;

                when in fact, it did not have 4 employees at either time;




                                                23
Case 2:24-cr-00061-DBB        Document 1       Filed 02/28/24     PageID.24       Page 24 of 33




             b. The MEHLBAUER BUSINESS had payroll costs of $58,481.50 between

                February 1, 2021 and July 18~ 2021; when in fact, it did not;

             c. The dollar amount for which the MEHLBAUER BUSINESS requested

                forgiveness ($58,481.50) was used to pay authorized payroll costs that were

                eligible for forgiveness; when in fact, it was not;

             d. The Borrower had verified the payments for the eligible payroll costs for

                which the Borrower was requesting forgiveness; when in fact, it had not; and

             e. The information provided in the PPP-Loan Forgiveness Application was true

                and correct in all material.respects; when in fact, it was not.

       65.      After making the misrepresentations and false statements in the PPP-Loan

 Forgiveness Application, the MEHLBAUER BUSINESS obtained forgiveness of the

 approximately $58,481.50 PPP Loan.

       September 22, 2021 PPP-Loan Forgiveness Application Submitted Through the
       SBA Direct Forgiveness Portal (for BOLTON):

       66.     On or about September 22, 2021, MEHLBAUER and BOLTON completed

and submitted a PPP-Loan Forgiveness Application through the SBA's direct forgiveness

portal requesting forgiveness. of the entire approximately $18,900 in PPP-Loan proceeds

from-the.First-Draw PPP Loan they applied for on or about March 23, 2021.

       67.     In execution and furtherance of the scheme and artifice •to defraud,

MEHLBAUER and BOLTON made, or caused to be made, one or more of the following

false, fraudulent, and material representations to the SBA:

Ill


                                              24
Case 2:24-cr-00061-DBB        Document 1       Filed 02/28/24     PageID.25      Page 25 of 33




             a. The BOLTON BUSINESS had 2 employees at the time of the PPP-Loan

                application and at the time of the PPP-Loan Forgiveness Application; when

                in fact, it did not have 2 employees at either time;

             b. The BOLTON BUSINESS had payroll costs of $18,900 between April 14,

                2021 and September 22, 2021; when in fact, it did not;

             c. The dollar amount for which the BOLTON BUSINESS reque~ted

                forgiveness ($18,900) was used to pay ·authorized payroll costs that were

                eligible for forgiveness; when in fact, it was not;

             d. • The Borrower had verified the payments for the eligible payroll costs for

               ·which the Borrower was requesting forgiveness; when in fact, it had not; and

             e. The information provided in the PPP-Loan Forgiveness Application was true

                and correct in all materialrespects; when in fact, it was not.

       68.      Even though the loan funds· had never been released to BOLTON, after

 making the misrepresentations and false statements in the PPP-Loan Forgiven~ss

Application, the J:3OLTONBUSINESS obtained forgiveness of the approximately $18,900

PPP-Loan.

       September 30, 2021 PPP-Loan Forgiveness Application Submitted Through the
       SBA Direct Forgiveness Portal (for MEHLBAUER):

       69.     On or about September 30, 2021, MEHLBAUER completed and submitted

a PPP-Loan Forgiveness Application through the SBA's direct forgiveness portal

requesting forgiveness of the entire approximately $32,800 in PPP-Loan proceeds from the

First-Draw PPP Loan she applied for on or about July 15, 2020.


                                              25
Case 2:24-cr-00061-DBB         Document 1       Filed 02/28/24      PageID.26      Page 26 of 33




       70.      In execution and furtherance· of the scheme and artifice to defraud,

. MEHLBAUER made, or caused to be made, one or more of the following false, fraudulent,

 and material representations to the SBA:

             a. The MEHLBAUER BUSINESS had· 2 employees at the time of the PPP-

                Loan application and at the time of the PPP-Loan Forgiveness Application; .

                when in fact, it did not have 2 employees at either time;

             b. The MEHLBAUER BUSINESS had payroll costs of $32,800 between

                August 6, 2020 and January 20, 2021; when in fact, it did not;

            c. The dollar amount for which the MEHLBAUER BUSINESS requested

                forgiveness ($32,800)_was used to pay for $32,800 in payroUcosts that were

                eligible for forgiveness; when in fact, the· money was used to pay for other

               unauthorized expenses;

            d. The Borrower had verified the payments for the eligible payroll for which

               the Borrower was -requesting forgiveness; when in fact, it had not; and

            e. The information provided in the PPP-Loan Forgiveness Application was true

              . and correct in all material respects; wheri in fact, it was not.

      71.      After making the misrepresentations and false statements in the PPP-Loan

Forgiveness Application, the MEHLBAUER. BUSINESS obtained forgiveness of the

approximately $32,800 PPP Loan ..

Ill
Ill
Ill
                                               26
Case 2:24-cr-00061-DBB         Document 1      Filed 02/28/24      PageID.27     Page 27 of 33




        January 15, 2022 PPP-Loan Forgiveness Application Submitted Through
        DreamSpring for $20,211 in Forgiveness (for LOPEZ):

        72.      On or about January 15, 2022, MEHLBAUER and LOPEZ completed or

 caused to be completed, and submitted or caused to be submitted, a PPP-Loan Forgiveness

 Application through DreamSpring to the SBA requesting forgiveness of the entire

 approximately $20,211 in PPP-Loan proceeds from the First-Draw PPP Loan they applied

 for on behalf of the LOPEZ BUSINESS on or about March 25, 2021.

        73.     In execution and furtherance of the scheme and artifice •to defraud,

 MEi-ILBAUER and LOPEZ made, or caused to be made~ one or more of the following

 false, fraudulent, and material representations to DreamSpring:

              a. The LOPEZ BUSINESS had 2 employees at the time of the PPP-Loan

                application, and 3 employees at the time of the PPP-Loan Forgiveness

                Application; when in fact, it did not have the stated number of employees at

                either time;

          b. The LOPEZ BUSINESS had $20,211 of authorized payroll costs within the

                first weeks of the underlying loan disbursement;

          c. The entire dollar amount for which the LOPEZ BUSINESS requested

                forgiveness ($20,211) was used to pay authorized payroll costs within the

                first 8 weeks of disbursement of the underlying loan; when in fact, it was not;

          d. The Borrower had verified the payments for the eligible payroll costs for
                                                         .                                    .
                which the Borrower was requesting forgiveness; when in fact, it had not; and


II I

                                              27
Case 2:24-cr-00061-DBB             Document 1       Filed 02/28/24     PageID.28       Page 28 of 33




               e. The information provided in the PPP-Loan Forgiveness Application was true

                 •
                     and correct in all material respects; when in fact,
                                                                    '
                                                                         it was not.

        74.          After making the misrepresentations and false statements in the PPP-Loan

 Forgiveness Application, the LOPEZ BUSINESS obtained forgiveness of the

 approximately $20,211 PPP Loan.

        January 15, 2022 PPP-Loan Forgiveness Application Submitted Through
        DreamSpring for $28,296 in Forgiveness (for LOPEZ):

        75.          On or about January 15, 2022, MEHLBAUER and LOPEZ completed or

 caused to be completed, and submitted or caused to be submitted, a·PPP-Loan Forgiveness_

 Application through OreamSpring -to the SBA requesting forgiveness of the entire

 approximately $28,296 in PPP:-Loan proceeds from the Second-Draw PPP Loan they

 applied for on behalf of the LOPEZ BUSINESS on or about April 13, 2021.

        76.      In execution and furtherance of the scheme and artifice to defraud,

 MEHLBAUER and LOPEZ made, or caused to be made, one or more of the following

 false, fraudulent, and material representations to DreamSpring: _
                                                                              .           .
              a. The LOPEZ BUSINESS had 2 employees at the time of the PPP-Loan

                 application, and. 4 employees at the time of the PPP-Loan Forgiveness

                 Application; when in fact, it did not have the stated number of employees at

                 either time;

              b. The LOPEZ BUSINESS had $28,296 of authorized payroll costs within the

                 first 8 weeks of disbursement of the underlying loan; when in fact, it did not;




                                                   28
Case 2:24-cr-00061-DBB         Document 1       Filed 02/28/24     PageID.29       Page 29 of 33




              c. The entire dollar amount for which the LOPEZ BUSINESS requested

                 forgiveness ($28,296) was used to pay authorized payroll costs within the

                 first 8 weeks· of disbursement; when in f~ct, it was not; and

              d. The information provided in the PPP-Loan Forgiveness Application was true

                 and correct in all material respects; when in fact, it was not.

        77.      After making the misrepresentations and false· statements in the PPP-Loan

 Forgiveness Application, the LOPEZ BUSINESS obtained forgiveness of the

 approximately $28,296 PPP Loan.

                                        COUNTS l-7
                                   18 U.S.C. §§ 1343 and 2
                             (Wire Fraud and Aiding and Abetting)

        78.     Tlie factual allegations set forth above are incorporated herein by reference .

· and realleged as though fully set forth in these Counts.

        79.     Beginning around July 15, 2020 and continuing in and through at least

January 15, 2022, in the District of Utah and els~where, the defendants,

                               HALEE ANN MEHLBAUER,
                               TIMOTHY GEORGE LOPEZ,
                                 and RICK A. BOLTON,

having devised and intended to devise a scheme and artifice to defraud, and for obtaining

money and property from MBE Capital Partners, Itria Ventures, Funding Circle,

Fountainhead SBF, DreamSpring, Harvest Small Business Finance, and the· SBA, by

me~ns of false and fraudulent pretenses, representations, promises, and omissions of

material facts, for the purpose of executing said scheme and artifice to defraud, did cause

to be transmitted by means of wire communication certain writings, signs and signals, that •
                                               29
Case 2:24-cr-00061-DBB           Document 1     Filed 02/28/24   PageID.30   Page 30 of 33




 is, an interstate wire, as represented below, each such use of wire communication being a

 separate count:

  COUNT        DATE              USE OF INSTERSTATE WIRES              DEFENDANT(S)
             (Ori or About)                                              FOREACH
                                                                          COUNT
                               EFT payment m .the amount of
                               approximately $32,800 for PPP Lmm No.
     1.       8/14/20          2672868210 from _MBE Capital P~ners        l\.1EHLBAUER
                               m New Jersey to MEHLBAUER's
                               Republic Bank of Chicago Account in the
                               District of Utah ending in x0311.
                               EFT payment m the amount of
                               approximately $58,481.50 for PPP Loan
     2         2/2/21          No. 5210748306 from Itria Ventures in     l\.1EHLBAUER
                               New York to l\.1EHLBAUER's Fidelity
                               Investments Account in the District of
                               Utah ending in x4090.
                              EFT payment m the amount of
                               approximately $18,621 for PPP Loan No.
     3        3/30/21          6028998603 from Fountainhead SBF in       l\.1EHLBAUER
                              Florida to l\.1EHLBAUER's Bancorp Banlc
                              Account in the District of Utah ending in
                              x7491.
                              EFT ·payment m the amount of
                              approximately $18,900 for PPP Loan No.    l\.1EHLBAUER
     4       4/14/21          2509558701 from Harvest Small Business            and
                              in California to BOLTON's Capital One          BOLTON
                              Account in the District of Utah ending in
                              x7067.
                              EFT . payment . in the amount of
                              approximately $18,621 for PPP Loan No. •
     5       4/26/21          2490448800 from Fountainhead SBF in       l\.1EHLBAUER
                              Florida to MEHLBAUER's Bancqrp Banlc
                              Account in the District ofUtah ending in
                              x7491.




                                              · 30
Case 2:24-cr-00061-DBB            Document 1     Filed 02/28/24    PageID.31   Page 31 of 33




   COUNT          DATE             USE OF INSTERSTATE WIRES                 DEFENDANT(S)
                (On or About)                                                 FOREACH
                                                                               COUNT
                                EFT payment m the amount of
                                approximately $20,211 for PPP Loan No.      MEHLBAUER
      6           4/27/21       9483958706 from DreamSpring in New             and
                                Mexico to LOPEZ's Bancorp Bank                LOPEZ
                                Account in the District of Utah ending in
                                x2958.
                                EFT payment m the amount of
                                approximately $28,296 for PPP Loan No.      MEHLBAUER
      7           6/22/21       7698498904 •from DreamSpririg in New           and
                                Mexico to LOPEZ's Bancorp Bank                LOPEZ
                                Account in the District of Utah ending in
                                x2958.


          80.     And did aid, abet, counsel, command, induce and procure the commission of

 the offense as indicated above.

 All in violation of 18 U.S.C. §§ 1343 and 2.

                                            COUNTS
                                         18 u.s.c. § 1957
                                        (Money Laundering)

          81.   •The factual allegations set forth above are incorporated herein by reference

and realleged as though fully set forth below.

          82.   On or about the dates alleged below, in the District of Utah, and elsewhere,

the .defendant,

                                  HALEE ANN MEHLBAUER, .

did knowingly engage and attempt to engage in the following monetary transaction by, •

through, and to, a fmancial institution, affecting interstate and foreign commerce, in

criminally derived property of a value greater than $10,000.00, that was derived from a

                                                31
Case 2:24-cr-00061-DBB           Document 1    Filed 02/28/24    PageID.32      Page 32 of 33




  specified unlawful activity that constitutes a violation of 18 U.S.C. § 1343, as indicated in

 the count below:

       COUNT          DATE                          MONETARY TRANSACTION
                   (On or About)
                                      MEHLBAUER used her Fidelity Investments
                                      Account ending in x4090 to issue a cashier's check for
         8              2/8/21
                                      approximately $42,481.50 to . herself in order to
                                      withdraw approximately $42,481.50 in PPP-Loan
                                      funds from her account.

 All in violation of Title 18.U.S.C. § 1957.

                     NOTICE OF INTENT TO SEEK FORFEITURE

         Pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c), upon conviction of

 any offense violating 18 U.S.C. § 1343, the defendant(s) shall forfeit to the United States

 of America any property, real or personal, that constitutes or is derived from proceeds

 traceable to the scheme to defraud. The property to be forfeited includes, but is not limited

 to:

         ■   $18,900 seized from Rick Bolton's Capital One bank account on or about

             November 21, 2023;

         ■   A money judgment equal to the value of any property not available for forfeiture

             as a result of any act or omission of the ·defendant(s) for one or more of the

             reasons listed in 21 U.S.C. § 853(p); and

         ■   Substitute property as allowed by 28 U.S.C. § 2461(c) and 21 U.S.C. § 853(p).

        Pursuantto 18 U.S.C. § 982(a)(l), upon conviction of any offense in violation of 18

U.S.C. § 1957, the defendants shall forfeit to the United States of America any property,

real or personal, involved in such violations, and any property traceable to such property.
                                               32
Case 2:24-cr-00061-DBB       Document 1       Filed 02/28/24     PageID.33   Page 33 of 33




 The property to be forfeited includes, but is not limited to:

        ■   A money judgment equal to the value of all property not available for forfeiture •

            as a result of any act or omission of the defendant(s) for one or more of the

            reasons listed in 21 U.S.C. § 853(p); and


        ■   _Substitute property as allowed by 18 U.S.C. § 982(b) and 21 U.S.C. § 853(p).



                                                  A TRUE BILL:




                                                  •FOREPERSON
                                                                 /<;/ . .
                                                                   dF GRAND JURY
 TRINA A. HIGGINS
 United States Attom_ey




. Assistant Umted States Attorney




                                             33


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