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Information — United States v. Christopher Brian Valdes, District of Colorado (Document 1)

Summary

A criminal information in United States of America v. Christopher Brian Valdes, Case No. 1:23-cr-00292-PAB, in the United States District Court for the District of Colorado, filed June 8, 2023 as Document 1. Count One charges wire fraud under 18 U.S.C. § 1343 for a scheme from in or around May 2020 through in or around May 2021. The information alleges that Valdes submitted three EIDL applications for entities he controlled, funded for a total of $433,800 plus $16,000 in EIDGs, and created fabricated documents for Individual 1's PPP and EIDL applications. It alleges that the SBA funded 27 other EIDL applications Valdes prepared and 14 EIDGs, totaling $3,436,300 and $124,000, and that $4,544,340 in PPP loan and EIDL proceeds was paid out in total. The charged wire is a $149,900 payment on or about July 7, 2020 for Zul Technologies Inc.

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“Information — United States v. Christopher Brian Valdes, District of Colorado (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/information-no-1-23-cr-00292-dkt-1-d-colo-6ceab53463/, SHA-256 8bc4f720ce399be1dbe38958fd0ce538d92181aba8a1473e763f141ab9255ead.

Full text

Case No. 1:23-cr-00292-PAB Document 1 filed 06/08/23 USDC Colorado pg 1 of 7




                     IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF COLORADO

Criminal Case No. 23-cr-00292-PAB

UNITED STATES OF AMERICA,

      Plaintiff,
v.

1.    CHRISTOPHER BRIAN VALDES,

      Defendant.



                                    INFORMATION



      The UNITED STATES ATTORNEY charges that:

                                    COUNT ONE
                                   18 U.S.C. § 1343

General Allegations

      1.      The United States Small Business Administration (“SBA”) is an executive-

branch agency of the United States government that provides support to entrepreneurs

and small businesses.

      2.      On March 27, 2020, the President of the United States signed into law the

Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which provided

emergency assistance to small business owners suffering adverse economic effects

caused by the Coronavirus (“COVID-19”) pandemic. The CARES Act established

several new temporary programs and expanded existing programs, including programs

created or administered by the SBA. Two sources of funding for small businesses were


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Case No. 1:23-cr-00292-PAB Document 1 filed 06/08/23 USDC Colorado pg 2 of 7




the Paycheck Protection Program (“PPP”) and the Economic Injury Disaster Loans

(“EIDL”) program. The CARES Act mandated that only businesses in operation on

February 15, 2020, for PPP, or before February 1, 2020, for EIDL, were eligible under

the programs.

      3.     The EIDL program was an SBA program that provided low-interest

financing to small businesses in regions affected by declared disasters. The CARES

Act authorized the SBA to provide EIDLs to eligible small businesses experiencing

substantial financial disruptions due to the COVID-19 pandemic. In addition, the

CARES Act authorized the SBA to issue advances of up to $10,000 to small

businesses, known as Economic Injury Disaster Grants (“EIDG”). The amount of the

EIDG was determined by the number of employees the applicant certified having. The

EIDGs did not need to be repaid.

      4.     Until April 2021, under the EIDL program, a small business could receive

a loan from the SBA in an amount of up to six months of working capital with a

maximum of $150,000. Thereafter, in April 2021, the SBA increased the EIDL limit to

allow small businesses to receive loans in the amount of up to 24 months of working

capital with a maximum of $500,000. In order to obtain an EIDL and/or EIDG, a

qualifying business was required to submit an application to the SBA and provide

information about its operations, such as the number of employees and the entity’s

gross business revenues and cost of goods sold in the twelve months prior to January

31, 2020. The amount of the loan, if approved, was determined in part based on the

information provided concerning the gross revenue and cost of goods sold. EIDL funds

were issued directly by the SBA. EIDL funds were permitted to be used for payroll



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Case No. 1:23-cr-00292-PAB Document 1 filed 06/08/23 USDC Colorado pg 3 of 7




expenses, sick leave, production costs, and business obligations, such as debts, rents,

and mortgage payments.

        5.   The CARES Act further authorized the PPP program, which provided

forgivable loans to small businesses. PPP loan proceeds were required to be used for

certain permissible expenses, including payroll costs, mortgage interest, rent, and

utilities.

        6.   To obtain a PPP loan, a qualifying small business was required to submit

a PPP loan application, signed by an authorized representative of the business, in

which the applicant acknowledged the program rules and made certain affirmative

certifications. The applicant was also required to state the business’s: (a) average

monthly payroll expenses; and (b) number of employees. These figures were used to

calculate the loan amount that the business was eligible to receive under the PPP.

Businesses were also required to provide documentation showing their payroll

expenses. PPP loan applications were received and processed, in the first instance, by

a participating lender. If a PPP loan application was approved, the participating lender

funded the loan using its own monies, but the loans were guaranteed by the SBA. Data

from the application, including information about 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. The SBA paid participating lenders a processing fee

for each funded PPP loan.




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Case No. 1:23-cr-00292-PAB Document 1 filed 06/08/23 USDC Colorado pg 4 of 7




The Scheme to Defraud

       7.     Beginning in or around May 2020 and continuing through in or around May

2021, in the State and District of Colorado and elsewhere, defendant CHRISTOPHER

BRIAN VALDES devised and intended to devise a scheme to defraud and to obtain

money and property from the United States and participating lenders by means of

materially false and fraudulent pretenses, representations and promises (hereinafter

referred to as the “Scheme”). The Scheme was executed in connection with defendant

VALDES’s submitting fraudulent EIDL applications on behalf of entities that he

controlled and on behalf of other individuals and entities, as well as defendant

VALDES’s creation of fabricated documents for others who he knew would use them to

obtain fraudulent EIDL and PPP loans. It was part of the Scheme that:

       8.     From in or around June 2020 through August 2020, defendant VALDES

prepared and submitted three fraudulent EIDL applications to the SBA on behalf of

three entities that he controlled, using the identities and personal identifying information

of other individuals to obtain EIDL loans and grants in their names.

       9.     In these three fraudulent EIDL applications, defendant VALDES made

false statements regarding the entities’ number of employees, gross revenues, and cost

of goods sold; he further falsely certified that the information provided in the EIDL

applications was true and accurate and that the funds would be used to pay payroll and

other permissible expenses when, in fact, he always intended to use the proceeds for

his personal benefit.

       10.    The SBA funded these three EIDLs for a total of $433,800, plus an

additional $16,000 in EIDGs.



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Case No. 1:23-cr-00292-PAB Document 1 filed 06/08/23 USDC Colorado pg 5 of 7




       11.    From in or around May 2020 to in or around May 2021, defendant

VALDES also created and provided an individual (“Individual 1”) with fabricated

documents to submit in connection with Individual 1’s PPP loan and EIDL applications,

including Internal Revenue Service documents, checks, and bank statements.

       12.    Two of the fraudulent EIDL applications that were submitted by Individual

1 with these fabricated documents were approved and funded by the SBA for a total of

$294,500. One fraudulent PPP application submitted with these fabricated documents

was also approved and funded, resulting in $239,740 being sent to a bank account

controlled by Individual 1.

       13.    From in or around June 2020 through April 2021, defendant VALDES

prepared and submitted fraudulent EIDL applications to the SBA on behalf of other

individuals and entities. These applications contained false statements regarding, inter

alia, the entities’ ownership, operations prior to February 1, 2020, gross revenues, cost

of goods sold, and number of employees.

       14.    The SBA approved and funded 27 of these EIDL applications and 14

EIDGs for a total of $3,436,300 in EIDL funds and $124,000 in EDIGs.

       15.    In total, $4,544,340 of PPP loan and EIDL proceeds were paid out as a

result of the Scheme.

Execution of the Scheme

       16.    For the purpose of executing the Scheme described in paragraphs 7–15

above, defendant VALDES caused to be transmitted by means of wire communication

in interstate commerce the following signals and sounds: on or about July 7, 2020, the

SBA in Denver, Colorado created and certified the payment file for the EIDL pertaining



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Case No. 1:23-cr-00292-PAB Document 1 filed 06/08/23 USDC Colorado pg 6 of 7




to Zul Technologies Inc. and transmitted it via interstate wire communications from

Colorado to the U.S. Treasury processing site located in the Kansas City Regional

Operations Center in Kansas City, Missouri. After a computer operator at the U.S.

Treasury disbursing office in Kansas City, Missouri performed payment operations to

complete the processing of the file, an Automated Clearing House (ACH) payment file

was transmitted to the Federal Reserve Bank ACH processing site in New Jersey. The

Federal Reserve Bank in New Jersey processed the payment file and sent $149,900 to

Wells Fargo Bank in Minnesota with Zul Technologies Inc. designated as the payee.

       All in violation of Title 18, United States Code, Section 1343.

                                   Forfeiture Allegation

       17.    The allegations contained in Count One of this Information are hereby

realleged and incorporated by reference for the purpose of alleging forfeiture pursuant

to the provisions of 18 U.S.C. §§ 981(a)(1)(C) and 28 U.S.C. § 2461(c).

       18.    Upon conviction of the violation alleged in Count One of this Information

involving a violation of 18 U.S.C. § 1343, defendant CHRISTOPHER BRAIN VALDES

shall forfeit to the United States, pursuant to Title 18, United States Code, Section

981(a)(1)(C), and Title 28, United States Code, Section 2461(c) any and all of the

defendant’s right, title and interest in all property constituting and derived from any

proceeds the defendant obtained directly and indirectly as a result of such offense,

including, but not limited to the entry of a money judgment in the amount of proceeds

obtained by the scheme and by the defendant.

       19.    If any of the property described above, as a result of any act or omission




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Case No. 1:23-cr-00292-PAB Document 1 filed 06/08/23 USDC Colorado pg 7 of 7




of the defendant:

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

       b)     has been transferred or sold to, or deposited with, a third party;

       c)     has been placed beyond the jurisdiction of the Court;

       d)     has been substantially diminished in value; or

       e)     has been commingled with other property which cannot be subdivided

              without difficulty;

it is the intent of the United States, pursuant to Title 21, United States Code, Section

853(p), Title 28, United States Code, Section 2461(c), to seek forfeiture of any other

property of said defendant up to the value of the forfeitable property.

                                          COLE FINEGAN
                                          UNITED STATES ATTORNEY


                                          s/ Nicole C. Cassidy_____
                                          By: Nicole C. Cassidy
                                          Assistant United States Attorney
                                          1801 California Street, Suite 1600
                                          Denver, CO 80202
                                          Phone: (303) 454-0100
                                          Fax: (303) 454-0402
                                          nicole.cassidy@usdoj.gov




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