Information — No. 1:21-cr-20157 (Dkt. 1, S.D. Fla.)
Summary
An information filed March 12, 2021 as Document 1 in United States v. Ioannis C. Kralievits, Case No. 21-20157-CR-ALTONAGA/TORRES (1:21-cr-20157-CMA), in the U.S. District Court for the Southern District of Florida. It charges one count of conspiracy under 18 U.S.C. § 371 to commit wire fraud, alleging that from on or about May 19, 2020 through on or about July 6, 2020 the defendant conspired in connection with a Paycheck Protection Program loan application for a business he owned. The information alleges that the application claimed an average monthly payroll of $306,800 and 42 employees and that the business received approximately $767,000. A penalty sheet and a waiver of an indictment form follow.
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“Information — No. 1:21-cr-20157 (Dkt. 1, S.D. Fla.).”
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Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 1 of 10
FILED by YH D.C.
Mar 12, 2021
ANGELA E. NOBLE
UNITED STATES DISTRICT COURT CLERK U.S. DIST. CT.
S. D. O F FLA. - MIAMI
SOUTHERN DISTRICT OF FLORIDA
21-20157-CR-AL TONAGA/TORRES
CASE NO. - - - - - - - - - - -
18 u.s.c. § 371
18 U.S.C. § 982(a)(2)(A)
UNITED STATES OF AMERICA
v.
IOANNIS C. KRALIEVITS,
Defendant.
- --'--- - - - - - -- -- ~ /
INFORMATION
The United States Attorney charges that:
GENERAL ALLEGATIONS
At all times relevant to this Information:
1. The defendant, IOANNIS C. KRALIEVITS, was a resident of Miami-Dade
County, Florida. KRALIEVITS was the co-owner of Business A, a restaurant, and sole owner of
Business B, a catering and food service business. Businesses A and B were located in Miami,
Florida.
2. Co-conspirator A was a resident of Miami-Dade County, Florida, and an associate
of IOANNIS C. KRALIEVITS.
3. Bank A was a participating lender of funds to small businesses under the Paycheck
Protection Program ("PPP") in 2020. Under the PPP, the Small Business Administration agreed
to guarantee loans provided by participant lenders under certain conditions. Financial Service
Provider A connected PPP loan applicants to qualified lenders.
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 2 of 10
4. In order to obtain a PPP loan, an applicant had to submit an application listing the
number of employees and average monthly payroll expenses for the applicant's company.
Furthermore, the applicant had to certify that the funds would be used for payroll and other
authorized expenses for the applicant's company.
Conspiracy to Commit Wire Fraud
(18 u.s.c. § 371)
From on or about May 19, 2020, through on or about July 6, 2020, in Miami-Dade County,
in the Southern District of Florida, and elsewhere, the defendant,
IOANNIS C. KRALIEVITS,
did knowingly and willfully combine, conspire, confederate, and agree with other individuals
known and unknown to the United States Attorney, to commit certain offenses against the United
States, namely: to knowingly, and with the intent to defraud, devise, and intend to devise, a scheme
and artifice to defraud, and to obtain money and property by means of materially false and
:fraudulent pretenses, representations, and promises, knowing that the pretenses, representations,
and promises were false and fraudulent when made, and for the purpose of executing such scheme
and artifice, did knowingly transmit and cause to be transmitted, by means of wire communication
in interstate commerce, certain writings, signs, signals, pictures, and sounds, in violation of Title
18, United States Code, Section 1343.
PURPOSE OF THE CONSPIRACY
It was the purpose of the conspiracy for the defendant and his co-conspirators to unjustly
enrich themselves by submitting and causing others to submit to financial institutions false and
fraudulent PPP loan applications that falsely certified employee payroll amounts and falsely
certified that the funds would be used for payroll and other authorized expenses.
2
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 3 of 10
MANNER AND MEANS OF THE CONSPIRACY
The manner and means by which the defendant and his conspirators sought to accomplish
the object and purpose of the conspiracy included, among others, the following:
5. IOANNIS C. KRALIEVITS provided his personal identifiers to Co-conspirator
A with the understanding that Co-conspirator A would apply for a PPP loan for Business B in
exchange for a portion of any PPP proceeds. KRALIEVITS also provided Co-conspirator A with
access to the Business B bank account at Bank B for the purpose of depositing PPP proceeds that
Co-conspirator A obtained on behalf ofKRALIEVITS and Business B.
6. IO ANNIS C. KRALIEVITS knew that Co-conspirator A was not an employee of
Business Band was not otherwise entitled to be paid a finder's fee from PPP proceeds.
7. On or about July 6, 2020, Co-conspirator A made a number of false statements on
the electronically submitted loan application for Business B, including: (a) claiming an "average
monthly payroll" of $306,800; (b) listing 42 employees; and (c) certifying that "The funds will be
used to retain workers and maintain payroll or make mortgage interest payments, lease payments,
and utility payments as specified under the Paycheck Protection Program Rule." At no time did
Business B have an average monthly payroll of as much as $306,800 or as many as 42 employees.
8. IO ANNIS C. KRALIEVITS did not provide specific average monthly payroll or
number of employees to Co-conspirator A but understood that Co-conspirator A would apply for
an amount greater than the amount that Business B needed to retain workers, maintain payroll, or
make mortgage interest, lease or utility payments.
9. Co-conspirator A submitted false and fraudulent Internal Revenue Service forms as
support for those payroll expenses.
3
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 4 of 10
10. Business B received approximately $767,000 from Bank A through the PPP loan
application that Co-conspirator A electronically submitted, via interstate wire, on behalf of
IOANNIS C. KRALIEVITS based on the false and fraudulent loan application.
11. IOANNIS C. KRALIEVITS used the funds received from the PPP loan
applications for unauthorized purposes such as to pay taxes and repay loans, the true nature of
which KRALIEVITS concealed as payroll.
12. In addition to the loan for Business B, IOANNIS C. KRALIEVITS knew that Co-
conspirator A was assisting KRALIEVITS's co-owner of Business A, to obtain a PPP loan for
Business A. KRALIEVITS understood that the loan application submitted for Business A on or
about July 8, 2020, was for an amount greater than the amount that Business A needed to retain
workers, maintain payroll, or make mortgage interest, lease or utility payments. Bank A funded
that loan to Business A in the amount of approximately $57,750.
OVERT ACT
In furtherance of the conspiracy and to achieve its objects and purpose, at least one of the
co-conspirators committed and caused to be committed, in the Southern District of Florida, and
elsewhere, at least one of the following overt acts, among others:
1. On or about July 6, 2020, Co-conspirator A submitted a Small Business
Administration Borrower Application Form electronically to Bank A, which Co-conspirator A had
signed for IOANNIS C. KRALIEVITS, falsely certifying the average monthly payroll for
Business B as $306,800.
All in violation of Title 18, United States Code, Section 371.
4
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 5 of 10
FORFEITURE
(18 U.S.C. § 982(a)(2)(A))
1. The allegations of this Information are hereby re-alleged and by this reference fully
incorporated herein for the purpose of alleging forfeiture to the United States of America of certain
property in which the defendant, IOANNIS C. KRALIEVITS, has an interest.
2. Upon conviction of a violation of Title 18, United States Code, Section 371, as
alleged in this Information, the defendant shall forfeit to the United States any property
constituting, or derived from, proceeds the defendant obtained directly or indirectly, as the result
of such violation pursuant to Title 18, United States Code, Section 982(a)(2)(A).
3. The property subject to forfeiture includes, but is not limited to, the following: a
forfeiture money judgment in the amount of $824,750.00, which sum represents the amount of
directly forfeitable property.
5
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 6 of 10
All pursuant to Title 18, United States Code, Section 982(a)(2)(A), and the procedures set
forth at Title 21, United States Code, Section 853 as incorporated by Title 18, United States Code,
Section 982(b )(1 ).
iv DANIEL KAHN
ACTING CHIEF, FRAUD SECTION
DEPARTMENT OF JUSTICE
(~ EMILY SCRUGGS
TRIAL ATTORNEY, FRAUD SECTION
DEPARTMENT OF JUSTICE
ARIANA FAJARDO ORSHAN
UNITED STATES ATTORNEY
MICHAEL N. BERGER
ASSISTANT UNITED STATES ATTORNEY
6
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 7 of 10
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA CASE NO.
vs.
CERTIFICATE OF TRIAL ATTORNEY*
IOANNIS KRALIEVITS,
Defendant.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ a
/ Superseding Case Information:
Court Division: (select One) New Defendant(s) Yes No
Number of New Defendants
_X_ Miami Key West Total number of counts
FTL WPB FTP
I do hereby certify that:
1. I have carefully 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 will be relied upon by the Judges of this Court in
setting their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C.
Section 3161.
3. Interpreter: (Yes or No)
List language and/or dialect
4. This case will take _Q__ days for the parties to try.
5. Please check appropriate category and type of offense listed below:
(Check only one) (Check only one)
I Oto 5 days X Petty
II 6 to 10 days Minor
II 11 to 20 days Misdem.
IV 21 to 60 days Felony X
V: 61 days and over
6. Has this case been previously filed in this District Court? (Yes or No) No
If yes:
Judge: Case No.
(Attach copy of dispositive order)
Has a complaint been filed in this matter? (Yes or No) No
If yes:
Magistrate Case No.
Related Miscellaneous numbers:
Defendant(s) in federal custody as of
Defendant(s) in state custody as of
Rule 20 from the_________ District of
Is this a potential death penalty case? (Yes or No) No
7. Does this case originate from a matter pending in the Northern Region of the U.S. Attorney's Office prior to
October 14, 2003? Yes X No
8. Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Office prior to
September 1, 2007? Yes X No
MICHAEL N. BERGER
ASSISTANT UNITED STATES ATTORNEY
Court ID No. 5501557
*Penalty Sheet(s) attached REV 4/8/08
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 8 of 10
iUNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Name: IOANNIS KRALIEVITS
Case No:
Count#: 1
Conspiracy to Commit an Offense Against the United States
Title 18, United States Code, Section 371
* Max.Penalty: Five (5) Years' Imprisonment
*Refers only to possible term of incarceration, does not include possible fines, restitution,
special assessments, parole terms, or forfeitures that may be applicable.
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 9 of 10
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Name: IOANNIS KRALIEVITS
Case No:
Count#: 1
Conspiracy to Commit an Offense Against the United States
Title 18, United States Code, Section 371
* Max.Penalty: Five (5) Years' Imprisonment
*Refers only to possible term of incarceration, does not include possible fines, restitution,
special assessments, parole terms, or forfeitures that may be applicable.
Case 1:21-cr-20157-CMA Document 1 Entered on FLSD Docket 03/12/2021 Page 10 of 10
AO 455 (Rev. 01/09) Waiver ofan Indictment
UNITED STATES DISTRICT COURT
for the
Southern District of Florida
United States of America )
V. ) Case No.
IOANNIS KRALIEVITS, )
)
Defendant )
WAIVER OF AN INDICTMENT
I understand that I have been accused of one or more offenses punishable by imprisonment for more than one
year. I was advi~ed in open court of my rights and the nature of the proposed charges against me.
After receiving this advice, I waive my right to prosecution by indictment and consent to prosecution by
information.
Date: - - - - - - - -
Defendant's signature
Signature of defendant's attorney
Printed name of defendant's attorney
Judge's signature
Judge 'sprinted name and title
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