Indictment w/forfeiture — USA v. Philossaint et al (Dkt. 32, S.D. Fla.)

Summary

An Indictment in United States of America v. Joff Stenn Wroy Philossaint, Mariel Tollinchi, Regine Marie Rene and Brianna Monique Gayle, Case 9:22-cr-80144-RS (22-cr-80144-Smith/Maynard), in the U.S. District Court for the Southern District of Florida, Document 32, entered on the FLSD docket 09/08/2022. The caption lists 18 U.S.C. § 1349, 18 U.S.C. § 1956(h), 18 U.S.C. § 1425(a) and 18 U.S.C. § 982(a). Count 1 alleges Conspiracy to Commit Wire Fraud under 18 U.S.C. § 1349. The Indictment describes the Paycheck Protection Program and the Economic Injury Disaster Loan program, and penalty sheets list a Money Laundering Conspiracy count under 18 U.S.C. § 1956(h).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Indictment w/forfeiture — USA v. Philossaint et al (Dkt. 32, S.D. Fla.).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-w-forfeiture-usa-v-philossaint-et-al-dkt-32-s-d-fla-ad637ae887/, SHA-256 58bea6db6740ad4f39b47cd92cfa63e02e30d81f960f9706e3a906976cdfc99a.

Full text

Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 1 of 18

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
22-cr-80144-Smith/Maynard
CASE NO. _ _ _ _ _ _ _ _ _ _ _ __
18 u.s.c. § 1349
18 U.S.C. § 1956(h)
18 U.S.C. § 1425(a)
18 U.S.C. § 982(a)

UNITED STATES OF AMERICA
FILED BY jp D.C.
vs.

JOFF STENN WROY PHILOSSAINT, SEP O8 2022
MARIEL TOLLINCHI, ANGELA E. NOBLE
REGINE MARIE RENE, and CLERK U.S. DIST. CT.
S.D. OF FLA. - W.P.B.
BRIANNA MONIQUE GAYLE,

Defendants.
- - - - - - - - - - - - - - -I
INDICTMENT

The Grand Jury charges that:

GENERAL ALLEGATIONS

At a ll times material to this Indictment:

The Paycheck Protection Program

1. The Coronav irus A id, Relief, and Economic Security (" CARES" ) Act was a federal

law enacted in or aro und March 2020 and designed to provide emergency financia l assistance to

the milli ons of A mericans who were suffering the eco nomi c effects caused by the COVID-19

pandem ic. One so urce of relief prov ided by the CARES Act was the authorization of forgivable
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 2 of 18

loans to small bus inesses fo r j ob retenti on and certain oth er expe nses, through a program referred

to as the Paycheck Protection Program ("PPP").

2. The types of businesses e li g ibl e for a loan included so le proprietorships. In order to

obtain a PPP loan, a qua lify ing business (throu gh its a uthori zed representati ve or th e so le

p roprietor) s igned and submitted a PPP loan app licati o n (S ma ll Bus iness Administrati on ("SBA")

Fo rm 248 3) onlin e thro ugh the lend er's application platform. ln ord er to be e li g ible to obtai n the

PPP loan, the PPP loan app licati on required the bus iness (through its a uthorized representative or

the so le pro pri etor) to acknowl edge the program ru les and make ce rta in affirm ati ve certifi cations.

The cert ifications inc luded an attestati on th at th e bus iness w as in operati o n on February 15, 2020,

a nd had emp loyees fo r w hom it pa id sa laries a nd payro ll taxes, or pa id independent co ntractors,

or was a so le proprietorship w ith no emp loyees. In th e PPP loan application, the small bus iness

(through its a uthorized representati ve or the so le proprietor) was required to p rov ide, among other

th ings, its average monthl y payroll expenses and number of empl oyees. ln addition, businesses

app ly ing fo r th e PPP loa n were required to p rovid e docume ntati on confirming th e ir payro ll

expenses. Typicall y, bus inesses supplied doc um ents showing the amoun t of payro ll taxes reported

to th e Intern al Reve nue Service ("IRS") . The sole pro prietorship had to report a nd doc ument th e

bus iness ' income and expenses, as ty pi call y reported to the IRS on Form I 040, Schedul e C. T hese

figures and doc um entati on were used to ca lc ul ate th e amount of money th e smal l bus iness was

eli g ibl e to receive und er th e PPP. So le pro prietorships were e li g ible to rece ive a maximum PPP

loan of up to $20,833 to cover lost inco me.

3. A PPP loan applicati on was processed by a partic ipatin g lend er. T he SBA delegated

a uthority to th ird-party lende rs to und erwrite a nd approve th e loans. If a PPP loan appli cati on was

approved, th e pa rti c ipating lend er fund ed the PPP loan us ing its own moni es, w hi ch were I 00%

2
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 3 of 18

guaranteed by the SBA. Data from the a ppli cation , inc luding information a bout the borrowe r, the

total amount of the loa n, a nd the li sted number of empl oyees, was transm itted electronicall y by

the lender to the SBA in the course of processing the loa n.

4. PPP loan proceeds were required to be used by th e bus iness on certain permiss ible

expenses - payro ll costs, interest on mortgages, re nt, a nd uti li ties. The PPP all owed the interest

and principal on the PPP loan to be e ntire ly forgiven if the bus iness spent th e loan proceed s on

th ese expense items w ithin a designated period of time a nd used a defined portion of the PPP loan

proceeds on pay ro ll expenses.

The Economic Injury Disaster Loan Program

5. Before the COVID-1 9 pandemic, SBA 's Economi c Injury Di saster Loan ("EIDL")

program provided low- interest financin g to small businesses, re nters, and homeowners in reg ions

affected by declared disasters.

6. The CARES Act also authorized the SBA to prov ide EIDL assistance to eligible

small businesses experienc ing "substantia l econo mi c injury" (s ubstanti al financial disruptions)

du e to the COVID- 19 pandemic . In order to o bta in a COVID-19 E IDL, a quali fying business was

required to submit e lectroni ca ll y an ETDL app li cation to the SBA and provide informat ion about

its operations, such as th e number of employees, gross revenues, and the cost of goods so ld for the

12-month period preceding January 31, 2020. T he applica nt was a lso required to certify und er

penalty of perjury th at al l of the inform ati on in the EIDL appli cation was tru e and correct to th e

best of the app lica nt 's knowl edge.

7. EIDL appli cations were submitted directly to , a nd processed by, the SBA, with

support from a gove rnm ent co ntractor. ETDL fund s we re issued directly from the United States

Treasury .

3
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 4 of 18

8. In addition , th e CARES Act auth ori zed th e SBA to issue advances of up to $ 10,000

to small businesses w ithin three days of appl y ing for an EIDL. The am ount of the advance was

determin ed by the number of employees the applicant ce rtified hav ing at the small business. The

advances did not have to be repaid .

9. SBA ' s ema il and loan applicati on servers we re located o utside the State of F lo rida,

so w ire communicati ons between banks and th e SBA and between EIDL appli cants located w ithin

F lorida and th e SBA necessaril y trave led in interstate co mmerce.

The Defendants, Businesses, Lenders, and Banks

10. Defend ant JOFF STENN WROY PHILOSSAINT was a res ident of Broward and

M iami-Dade Counti es, in th e So uth ern Di stri ct of F lorida.

11 . Defe ndant MA RIEL TOLLINCHI was a res ident of Broward Co unty, in the

Southern D istrict of F lorida.

12. Defendant REGINE MARIE REN E was a resident of Pa lm Beach County, in the

Southern Di stri ct of Florida.

13. Defe nd ant BRIANNA MONIQ UE GA YLE was a resident of Pa lm Beach and

M iami-Dade Co unti es, in th e Southern Di strict of Fl orid a.

14. Co-conspi rator Ma urice Shaz ier was a res ident of St. Luc ie Co unty, in the Southern

Di stri ct of F lorida.

15. Co-conspi rator David A ndre Johnso n was a res ident of Broward Co unty, in the

So uthern Di strict of F lorida.

16. Defendant JOFF ST~ RO Y PHILOSSA INT was the princ ipal and reg istered

agent of Royal E lite Trans, LLC ("RO Y AL ELITE"), Elite Intern ati onal Financial Group, a/k/a

E lite Intern ational Ventu re Capita l ("EJV C"), and One So luti on Gro up LLC (" ONE

4
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 5 of 18

SOLUTION"), purported businesses located in Broward County, in the Southern District of

Florida.

17. Defendant MARJ EL TOLLINCHI was the Treasurer of the Cinda Foundation Inc.

("CINDA"), and her family members were the principals and registered agents of CINDA, Ferro's

Entertainment and Production LLC ("FERRO'S"), and D.F . d/b/a " Perfect Landscaping"

("PERFECT LANDSCAPING"), purported businesses located in Broward County, in the

Southern District of Florida. TOLLINCHI was a lso the principal of To llinchi Law P.A.

("TOLLINCHI LAW"), a law firm located in Broward County, in the Southern Di strict of Florida.

18. Defendant JOFF STENN WROY PHILOSSAINT was the president and

TOLLINCHI LAW was the registered agent of Dad Money Investment Group, LLC ("DAD

MONEY"), a purported business located in Broward Co unty, in the Southern District of Florida.

19. Defendant REGINE MARIE RENE was the principal and registered agent of Unfold

Perception, LLC ("UNFOLD"), a purported bu siness located in Palm Beach County, in the

Southern District of F lorida.

20. Defendant BRIANNA MONIQUE GAYLE was an emp loyee of EIVC and

purportedly owned a so le proprietorship in her name located in Palm Beach County, in the

Southern District of F lorida.

21. Co-conspirator Maurice Shazier was the principal and registered agent of Sunrise

City Construction Development LLC ("SUNRJSE CITY") and JREAM Vi sion T.V. LLC

("JREAM"), purpotied businesses located in St. Lucie County, in the Southern District of Florida.

22. Co-conspirator David Andre Johnson was the principal and reg istered agent of

D.D.Z. Fam il y Enterpri ses L.L.C. ("DDZ"), a purpo1ied business located in Broward County, in

the Southern District of F lorida.

5
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 6 of 18

23. Lend er # 1 was headquartered in New Jersey and was an approved SBA lender for

PPP loans.

24. Lend er #2 was headquartered in Delawa re and was an approved SBA lender fo r PPP

loans.

25 . Lend er #3 was headquartered in Utah and was an approved SBA lend er for PPP

loa ns.

COUNT 1
(Conspiracy to Commit Wire Fraud: 18 U.S.C. § 1349)

Paragraphs 1 thro ugh 25 of the General Allega ti ons Secti on of thi s Ind ictment are re-

alleged and inco rporated by reference as th ough fu ll y set fo rth here in .

Fro m in or aro und A pri l 2020, co ntinuing thro ugh on or about A ugust 7, 2022 , th e exact

dates be ing unkn own to the Grand Jury, in Pa lm Beach, St. L ucie, Broward , and Miam i-Dade

Co unties, in th e Southern District of F lorida, and e lsewhere, th e defend ants,

JOFF STENN WROY PHILOSSAINT,
MARIEL TOLLINCHI,
REGINE MARIE RENE, and
BRIANNA MONIQUE GAYLE,

d id w illfull y, that is, with the intent to furth er the o bj ect of th e co nspi racy, and knowingly com bine,

co nspire, confederate, and agree w ith each oth er and w ith persons known and unknown to the

Grand Jury, to knowingly, and w ith th e intent to defraud, dev ise, and intend to dev ise, a scheme

and artifi ce to defraud , and to obtain money and pro perty by mean s of materi a lly fa lse and

fra udul ent pretenses, representati ons, and promi ses, knowing th at the pretenses, representations,

an d promi ses were fa lse and fraudul ent when made, and, fo r the pu rpose of executing such scheme

and artifi ce, did transmit and cause to be tran smitted, by means of w ire communications in

6
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 7 of 18

interstate and fore ign commerce, ce rtain writings, signs, signal s, pictures, and sounds, in violation

of Title 18, United States Code, Section 1343.

PURPOSE OF THE CONSPIRACY AND THE SCHEME AND ARTIFICE

It was the purpose of the conspiracy and of the scheme and artifice for the Defendants and

their co-conspi rato rs to un lawfu ll y enri ch themse lves by, among other th ings: (1) creating false

and fraudulent documents, including payroll records and tax documents; (2) submitting and

causing the submission of fa lse and fraudulent app li cations for loans made avai lab le through the

SBA to provide re lief for the economi c effects caused by the COV lD- 19 pandemic, including

EJDL and PPP loans; (3) offer ing, paying, and receiving kickbacks in return for causing the

submission of fa lse and fraudulent loa n ap plicati o ns; (4) diverting fraud proceeds for the

Defendants ' and co-co nspirators' personal use and benefit, the use and benefit of others, and to

further the consp iracy; and (5) sub mitting and causing the submission of false and fraudulent

app lications for fo rgiveness of the received loans.

MANNER AND MEANS

The manner and means by which the defendants and their co-conspirators sought to

accomp li sh the purpose of the co nsp iracy and the scheme and artifi ce incl uded, among others, the

fol lowing:

(a) JOFF STENN WROY PHTLOSSATNT and BRIANNA MONlQUE

GAYLE created and caused the creation of fa lse and fra udul ent tax documents for business entities

owned and contro lled by themselves, MARIEL TOLLINCHI , REGINE MARIE RENE, Maurice

Shazier, David Andre Johnso n, and others known and unknown to the Grand Jury, fo r the purpose

of app ly ing for PPP and EIDL loans.

7
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 8 of 18

(b) JOFF STENN WROY PHlLOSSA lNT, MARIEL TOLLINCHI , REG INE

MARIE RENE, BRIANNA MONIQU E GAYL E, Mauri ce Shazier, Dav id Andre Johnson, and

others known and unknown to the Grand Jury submitted and caused the submi ss ion of fa lse and

fra udulent PPP and ElDL loan applications fo r these business entities.

by JOFF STENN WROY PHlLOSSA INT, MARIEL TOLLIN CHI, REGJNE MARIE RE E,

BRl ANNA MONIQ UE GAYLE, Mauri ce Shazier, Dav id Andre Johnson, and others known and

unknown to the Grand Jury included fal se and fraudul ent tax docum ents and fa lse ly and

fra udulently represented the borrowing entities' number of employees, amount of monthly payroll ,

gross income, and cost of goods so ld.

(d) JOFF STENN WROY PHl LOSSAlNT and BRIANNA MONIQUE

GAYLE created and caused the creation of fal se and fraudulent payroll accounts with a payro ll

processing service for business entiti es owned and controll ed by themselves, MARIEL

TOLLINCHI, REGINE MARIE RENE, Maurice Shazier, David Andre John son, and others

known and unknown to the Grand Jury, fo r the purpose of applying fo r PPP and EIDL loans and

PPP loan fo rgiveness.

(e) Hav ing obtained PPP and EJDL loans fo r those entities, JOFF STENN

WROY PHTLOSSA TNT, MARIEL TOLLINCHI , REGINE MARIE RENE, BRJ ANNA

MONIQUE GAYLE, Maurice Shazier, Dav id Andre John son, and others known and unknown to

the Grand Jury caused the electroni c wire transfer of a portion of the loan proceeds to a payro ll

processing service to make it appear that the proceeds we re being used fo r legitimate payro ll

expenses.

8
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 9 of 18

(f) Having obtained PPP and EIDL loans for their business entities, JOFF

STENN WROY PHILOSSAINT caused MARIEL TOLLINCHI, REGINE MARIE RENE,

BRIANNA MONIQUE GAYLE, Maurice Shazier, David Andre Johnson, and others known and

unknown to the Grand Jury to pay kickbacks of approximately 10% of the loans ' values to JOFF

STENN WROY PHILOSSAINT via checks and wire transfers that were often disgui sed as

legitimate business expenses.

(g) JOFF STENN WROY PHILOSSAINT, MARIEL TOLLINCHI, REGINE

MARIE RENE, BRIANNA MONIQUE GAYLE, Maurice Shazier, David Andre Johnson, and

others known and unknown to the Grand Jury submitted and caused the submission of false and

fraudulent applications for PPP loan forgiveness for these business entities.

(h) As a result of the false and fraudulent representations that JOFF STENN

WROY PHJLOSSAINT, MARIEL TOLLINCHI , REGINE MARJE RENE, BRIANNA

MONIQUE GAYLE, Maurice Shazier, David Andre Johnson , and others known and unknown to

the Grand Jury made in the PPP and EIDL loan applications submitted as part of this scheme,

financial institutions and the SBA disbursed loan proceeds to the Defendants and their co-

conspirators in the amount of approximately $8.1 million.

All in violation of Title 18, United States Code, Section 1349.

COUNT2
(Conspiracy to Commit Money Laundering: 18 U.S.C. § 1956(h))

From in or around April 2020, continuing throu gh on or about August 7, 2022, the exact

dates being unknown to the Grand Jury, in Palm Beach, St. Lucie, Broward, and Miami-Dade

Counties, in the Southern District of Florida, and elsewhere, the defendants,

9
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 10 of 18

JOFF STENN WROY PHILOSSAINT,
MARIEL TOLLINCHI,
REGINE MARIE RENE, and
BRIANNA MONIQUE GAYLE,

d id knowing ly and vo luntarily co mbin e, co nspire, co nfederate, and agree w ith each oth er and w ith

persons kn own and unkn own to the Gra nd Jury, to knowingly co nduct, and attempt to conduct, a

financ ia l transacti on affecting interstate and fo re ign co mm erce invo lving th e proceeds of spec ified

unl awful acti vity, knowing that the property invo lved in the transaction represe nted the proceeds

of so me form of unl awful activity, and kn ow ing that the tran sacti on was des igned, in w hole and

in part, to concea l and di sguise the nature, locati on, source, ownership, and contro l of the proceeds

of said spec ified unl awful acti v ity, in v io lati on of 18 U .S.C . § 1956(a)( l )(B)(i).

It is furth er alleged th at th e specified unl awful activity is w ire fraud, in vio lation of 18

U.S.C. § 1343.

A ll in vio lation of Title 18, United States Code, Section l 95 6(h).

COUNT3
(Conspiracy to Commit Money Laundering: 18 U.S.C. § 1956(h))

Fro m in or aroun d A pril 2020, continuing th ro ugh on or about A ugust 7, 2022, th e exact

dates be ing un known to th e Grand Ju ry, in Pa lm Beac h, St. Luc ie, Broward , and Mi ami-D ade

Co unti es, in th e South ern Distri ct of Florid a, and e lsewhere, the defend ants,

JOFF STENN WROY PHILOSSAINT,
and
MARIEL TOLLINCHI,

did kn ow ing ly and vo luntaril y co mbine, co nspire, confederate, and agree with each other and w ith

persons kn own and unknown to the G rand Jury, to:

(a) kn owing ly transmit and transfe r monetary instrum ents and fund s, fro m a

place ins ide the United States to and th ro ugh a pl ace outs ide the United States, knowing that the

10
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 11 of 18

monetary instruments and funds involved in such transm ission and transfer represented the

proceeds of some form of unl awfu l activ ity, and knowing that such transmission and transfer was

designed in who le a nd in part to co ncea l a nd di sgui se the nature, location , source, ownersh ip, and

control of the proceeds of spec ified unl awfu l activity, in violation of 18 U.S .C. § l 956(a)(2)(B)(i);

and

(b) kn owing ly e ngage in a monetary tran sactio n by, through, and to a financial

institutio n, affecting interstate and fore ign co mm erce, in crimina lly derived property of a va lue

greater than $ 10,000 that is derived from spec ified unlawful activity, in violation of 18 U.S.C. §

1957.

It is further a lleged that the spec ified unla wfu l act ivity is w ire fraud , in v iolat ion of 18

U.S.C. § 1343.

All in vio lation of Title 18, U ni ted States Code, Section l 956(h).

COUNT4
(Obtaining Citizenship by Fraud: 18 U.S.C. § 1425(a))

Paragraphs 1 through 9 of the General Allegations Secti on of this Indictment are re-a ll eged

and incorporated by reference as though fully set forth here in .

Beg inning at least as earl y as December 15, 2020, and continuing through on or about

Fe bruary 9, 202 1, in Broward and Miami-Dade Co unti es, in the Southern Di stri ct of Florida, and

elsewhere, the defendant,

JOFF STENN WROY PIDLOSSAINT,

did knowingly procure and attempt to procure, co ntra ry to law, naturali zation as a United States

citizen for himself, to wit, the defendant obta ined and attempted to obtain natura li zat ion by fa lsely

swearing to a statement in hi s w ritten Form N-400 (App li catio n fo r Natura li zation), his

11
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 12 of 18

naturalization interview, and hi s w ritten Form N-455 (Notice of Naturalizatio n Oath Ceremony),

that:

(a) he had not knowingly com mi tted, ass isted in com mitting, or attempted to

commit, a crime or offense fo r which he had not been arrested, when in truth and in fact, as the

defendant then and there well knew, he had committed the offenses of wi re fraud co nspiracy, and

mo ney launderi ng co nspi racy, as charged in Counts I through 3 of this Indictment; and

(b) he had not made any mi srepresentation to obta in any public benefit in the

United States, w hen in truth and in fact, as the defend ant then and there well knew, he had

misrepresented bu sinesses, their earnin gs, and their empl oyee workforces in an effort to obtai n

multiple loans and advances, and fo rgive ness of those loans and advances pursuant to the Un ited

States ' Paycheck Protection Program and th e Eco no mi c Injury Di saster Loan Program.

A ll in vio latio n of Title 18, U nited States Code, Section l 425(a) .

FORFEITURE ALLEGATIONS

1. The allegations of this Indictment are hereby re-alleged and by this reference fully

incorporated herein fo r the purpose of alleging forfeiture to the United States of Amer ica of certain

property in whi ch the defend ants, JOFF STENN WROY PHILOSSAINT, MARIEL TOLLINCHI,

REGINE MARIE RENE, and BRIANNA MONIQUE GAYLE, have an interest.

2. Upon conviction of a vio lati on of T itl e 18, United States Code, Section 1349, as

alleged in this Indictment, the defendant sha ll forfeit to th e United States any property constituting,

or derived from , proceeds obtained, directly or indirectly, as th e res ult of such offense, pursuant to

T itl e 18, Un ited States Code, Section 982(a)(2)(A).

3. Upon conviction of a v io lat ion of T itle 18, United States Code, Section l 956(h), as

a lleged in thi s Indi ctm ent, the defend ant shall fo rfeit to the United States any property, real or

12
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 13 of 18

personal, involved in such offense, and any property traceab le to such property, pursuant to Title

18, Un ited States Code, Section 982(a)(l).

A ll pursuant to Title 18, United States Code, Sections 982(a)(l) and 982(a)(2)(A), and the

procedures set forth at Title 2 1, Uni ted States Code, Section 853 , as incorporated by Title 18,

United States Code, Sections 982(6)(1 ).

A TRUE BILL.

FOREPERSON

for- A. MARIE VILLAFANA
ASSISTANT UNITED STA TES ATTORNEY

13
Case 9:22-cr-80144-RS Document
UNITED32 Entered
STATES on FLSD COURT
DISTRICT Docket 09/08/2022 Page 14 of 18
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA CASE NO. : 22-cr-80144-Smith/Maynard

v.
JOFF STENN WROY PHILOSSAJNT, CERTIFICATE OF TRIAL ATTORNEY*
MARIEL TOLLINCHI , BRIANNA M.
GAYLE, & REGINE MARlE RENE, /
- - - - - - -Defendants.
------- Superseding Case Information:

Court Division (select one) New Defendant(s) (Yes or No)
□ Miami □ Key West □ FTP Number of New Defendants
□ FTL El WPB Total number of New Counts

I do hereby certify that:
I. I have careful ly considered the allegations of the indictment, the number of defendants, the number of probable
witnesses and the legal complexities of the Indictment/Information attached hereto.

2. I am aware that the information supplied on this statement wi ll be relied upon by the Judges of this Court in setting
their calendars and sc hed uling criminal trials under th e mandate of the Speedy Trial Act, Title 28 U.S.C. §316 1.

3. Interpreter: (Yes or No) No
List language and/or dialect:
4. This case will take 20 days for the parties to try.

5. Please check appropriate category and type of offense listed below:
(Check only one) (Check on ly one)
I D Oto 5 days □ Petty
II D 6 to 10 days D Minor
III El 11 to 20 days □ Misdemeanor
IV D 21 to 60 days El Felony
V D 61 days and over

6. Has this case been previously fi led in this District Court? (Yes or No) No
If yes, Judge Case No.
7. Has a complaint been filed in this matter? (Yes or No) Yes
If yes, Magistrate Case No. 22-8336-BER, 22-8337-BER, 22- 8357-BER
8. Does this case relate to a previously filed matter in this District Court? (Yes or No) No
If yes, Judge Case No.
9. Defendant(s) in federal custody as of 8/7/2022 (Philossaint)
10. Defendant(s) in state custody as of
11. Rule 20 from the District of
12. Is this a potential death penalty case? (Yes or No) No
13. Does this case originate from a matter pending in the Northern Region of the U.S. Attorney ' s Office
prior to August 8, 2014 (Mag. Judge Shaniek Maynard? (Yes or No)No
14. Does this case originate from a matter pending in the Central Region of the U.S . Attorney ' s Office
prior to October 3, 20 19 (Mag. Judge Jared Strauss? (Yes or No) No

By:
A. MARIE VILLAFANA
Assistant United States Attorney
FLA Bar No. 0018255
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 15 of 18

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: JOFF STENN WROY PHILOSSAINT
22-cr-80144-Smith/Maynard
Case No: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Count #1:

Conspiracy to Commit Wire Fraud

Title 18 United States Code Section 1349
*Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Counts #2-3:

Money Laundering Conspiracy

Title 18, United States Code, Section l 956(h)
*Max.Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

Count #4:

Acquiring Naturalized U.S. Citizenship through Fraud

Title 18, United States Code, Section 1425(a)
* Max. Term of Imprisonment: 10 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000

*Refers only to possible term of incarceration, superv ised release and fin es. It does not includ e
restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 16 of 18

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENAL TY SHEET

Defendant's Name: MARIEL TOLLINCHI
22-cr-80144-Smith/Maynard
Case No: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Count #1:

Conspiracy to Commit Wire Fraud

Title 18 United States Code Section 1349
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Counts #2-3:

Money Laundering Conspiracy

Title 18, United States Code, Section 1956(h)
* Max. Term oflmprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 17 of 18

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant' s Name: REGINE MARIE RENE
22-cr-80144-Smith/Maynard
Case No: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Count # 1:

Conspiracy to Commit Wire Fraud

Title 18 United States Code Section 1349
* Max. Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain

Count #2:

Money Laundering Conspiracy

Title 18, United States Code, Section 1956(h)
* Max. Term oflmprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution , special assessments, parole terms, or forfeitures th at may be applicable.
Case 9:22-cr-80144-RS Document 32 Entered on FLSD Docket 09/08/2022 Page 18 of 18

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENAL TY SHEET

Defendant's Name: BRIANNA MONIQUE GAYLE
22-cr-80144-Smith/Maynard
Case No: - - - - - - - - - - - -- - - - - - - - - - - -- - - - - - - -

Count #1:

Conspiracy to Commit Wire Fraud

Title 18 United States Code Section 1349
*Max.Term of Imprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $250,000 or twice gross loss or gross gain
Count #2 :

Money Laundering Conspiracy

Title 18, United States Code, Section 1956(h)
*Max.Term oflmprisonment: 20 years
* Max. Supervised Release: 3 years
* Max. Fine: $500,000 or twice amount laundered

*Refers only to possible term of incarceration, superv ised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.

File and source

File: 32-indictment-w-forfeiture-as-to-joff-stenn-wroy-philossaint-et.pdf
Size: 581,155 bytes
SHA-256: 58bea6db6740ad4f39b47cd92cfa63e02e30d81f960f9706e3a906976cdfc99a
Our copy: 32-indictment-w-forfeiture-as-to-joff-stenn-wroy-philossaint-et.pdf
Original: PACER (login required)