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Information — United States v. Antrum Coston, District of Connecticut (Document 3)

Summary

An information in United States v. Antrum Coston, No. 3:22-cr-00257, in the U.S. District Court for the District of Connecticut, filed December 20, 2022 as Document 3. Count One charges wire fraud, alleging that Coston obtained two PPP loans of $20,833.00 each from Harvest Small Business Finance, LLC for a sole proprietorship called Uptop Cleaning Shop by claiming 2019 gross income of $114,658.00, and sought forgiveness of both on or about February 2, 2022. Count Two charges money laundering over a $15,000 withdrawal from the TD Bank account that received the loan funds on or about April 28, 2021. Count Three charges possession with intent to distribute fentanyl, cocaine and crack cocaine on or about December 31, 2021. The 8-page information seeks forfeiture of currency seized that day, including approximately $2,184.

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Cite this document

“Information — United States v. Antrum Coston, District of Connecticut (Document 3).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/information-no-3-22-cr-00257-dkt-3-d-conn-16ea7b527b/, SHA-256 41358ad66526843936d594fb1d9b2e19671a8ffbdeb70fc5fe560b8e4fa3f1b5.

Full text

            Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 1 of 8
                                                                                  United States District Court
                                                                                     District of Connecticut
                                                                                   FILED AT BRIDGEPORT
                            LINITED STATES DISTzuCT COURT                            December 20        22
                                                                              _______________________,20___
                               DISTRICT OF CONNECTICUT
                                                                               By__________________________
                                                                                        Deputy Clerk
LINITED STATES OF AMERICA                           Criminal No. 3:22CR 257


               V.                                   VIOLATIONS:
                                                    18 U.S.C. $ 1343 (Wire Fraud)
                                                    18 U.S.C. $ 1957 (Money Laundering)
                                                    21 U.S.C. $$ 8a1(a)(1) and 841(bX1XC)
ANTRUM COSTON                                       (Possession with Intent to Distribute
                                                    Controlled Substances)




                                       INFORMATION

       The United States Attorney charges:

                                         COI.INT ONF)
                                         (Wire Fraud)

                    The Defendant. Related EntiW. and Related Bank Account

       l.      At all times relevant to this information, the defendant ANTRUM COSTON

C'COSTON") resided in Connecticut.

       2.       Beginning on or about April 16, 2021, COSTON controlled a bank account at TD

Bank, which was titled in his niune, and which had an account number ending in7748 ("Account

x7748"). TD Bank was a financial institution whose deposits were insured by the Federal Deposit

Insurance Corporation.

       3.      On or about May 6, 2021, an entity called Uptop Cleaning Shop LLC ("Uptop

Cleaning Shop") was registered in the State of Connecticut, with registration information listing

the principal office and mailing addresses as being in West Haven, Connecticut, and listing

COSTON as a member with the same West Haven, Connecticut address.

                                                i
            Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 2 of 8




                                                                        Loans

       4.      First enacted in March 2020, the Coronavirus Aid, Relief, and Economic Security

("CARES") Act provided emergency financial assistance related to the COVID-l9 pandemic,

including authorization of forgivable loans to small businesses through the Paycheck Protection

Program ("PPP").

       5.      In order to obtain a PPP loan, a qualiffing business was required to submit a PPP

loan application, which was signed by an authorized representative of the business. The PPP loan

application required that certain information and documentation be provided for the business in

order for a loan to be approved.

       6.      The PPP was overseen by the Small Business Administration ("SBA"), a federal

government agency which had authority over, and provided guarantees on, all PPP loans.

Individual PPP loans, however, were issued by private approved lenders, such as Harvest Small

Business Finance, LLC ("Harvest"), which received and processed PPP loan applications and

supporting documentation.

       7.      Documentation to support an application for a PPP loan may include an Intemal

Revenue Service ("IRS") Schedule C, Profit or Loss From Business ("Schedule C"), which can be

included with a taxpayer's individual income tax retum, IRS Form 1040, and filed with the IRS to

report items related to a sole proprietorship business to include gross receipts or sales, gross

income, expenses, and net profit or loss.

                                     The Scheme and Artifice

       8.      From on or about April 19, 2021 through on or about February 2, 2022, in the

District of Connecticut and elsewhere, the defendant ANTRUM COSTON, knowingly and with


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            Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 3 of 8




intent to defraud, devised and executed a scheme and artifice to defraud and to obtain money and

property by means of materially false and fraudulent pretenses, representations, and promises, that

is, COSTON knowingly provided materially false information to Harvest in order to obtain PPP

loans, when in fact COSTON was not eligible and entitled to receive such loans

                                       Manner and Means

       9.      It was part of the scheme and artifice that on or about April 19, 2027, COSTON

caused to be signed and submitted an application (in connection with SBA Loan#7441538810) to

Harvest for a $20,833.00 PPP loan for a sole proprietorship business with dba or tradename "Uptop

Cleaning Shop" and business legal name "Antrum Coston," which contained material

misrepresentations including :

               a.      That the year of establishment for the above-named business was January
                       1,2018, when in fact, no such entity associated with COSTON had been
                       formed in 2018;

               b       That the above-named business had total gross income for 2019 (from IRS
                       Form 1040, Schedule C, Line 7) of $114,658.00, when in fact, the business
                       had not earned such income in 2019; and

               c.      That the above-named business was entitled to a loan of $20,833.00 based
                       on purported gross income of $114,658.00, when in fact, the business was
                       not entitled to such funds.

        10. It was further part of the scheme and artifice that on or about April 21, 2021,
COSTON caused aNote for SBA Loan#7441538810 to be electronically signed.

        11.    It was further part of the scheme and artifice that on or about April 28, 202l,rn

connection with SBA Loan #7441538810, COSTON caused Harvest to transmit $20,833 to

Account x7748, which he controlled.




                                                 a
                                                 J
          Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 4 of 8




       12. It was further part of the scheme and artifice that on or about April 22, 2021,
COSTON caused a "second draw borrower application" for a second PPP loan, to be signed and

submitted (in connection with SBA Loan #7698938905) to Harvest for the same sole

proprietorship business with business legal name "Antrum Coston" and dba or tradename "Uptop

Cleaning Shop," which included material misrepresentations on the application, including:

              a.      That the year of establishment for the above-named business was January
                      1,2018, when in fact, no such entity associated with COSTON had been
                      formed in 2018;

              b.      That the above-named business had total gross income for 2019 (from IRS
                      Form 1040, Schedule C, Line 7) of $114,658.00, when in fact, the business
                      had not eamed such income in 2019; and

              c.      That the above-named business was entitled to a loan of $20,833.00 based
                      on purported gross income of $1 14,658.00, when in fact, the business was
                      not entitled to such funds.

       13. It was further part of the scheme and artifice that on or about May 24,2027,
COSTON caused a Note for SBA Loan #7698938905 to be electronically signed.

       14. It was further part of the scheme and artifice that on or about June 1, 2021, in
connection with SBA Loan #7698938905, COSTON caused Harvest to transmit $20,833 to

Account x7748, which he controlled.

       15.    It was further part of the scheme and artifice that in or about April or May 2021,

COSTON caused the submission to Harvest of a document which purported to be a legitimate

2019 Schedule C that provided supposed documentary support for COSTON's PPP loan

applications referenced above. The submitted Schedule C was for proprietor "ANTRUM

COSTON" with business name "UP TOP CLEANING SHOP" and reflected gross receipts or sales

of $114,658 and a net profit of $104,640, when in fact, COSTON did not file this form with the


                                               4
                 Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 5 of 8




IRS, and COSTON did not operate a business in 2019 that had the reported net profit or gross

receipts or sales.

        16.        It was further part of the scheme and artifice that on or about February 2,2022,

COSTON sought loan forgiveness for both PPP loan draws ($20,833.00 each), falsely stating on

both forgiveness applications that the entirety of the loan amounts were spent on payroll costs,

when in fact, COSTON used funds for personal-type expenditures, and was not entitled to a salary

or compensation for a business that did not exist as of February 15 , 2020, as required to receive

PPP loans under the CARES Act.

                                  Execution of the Scheme and Artifice

        17   .      For the purpose of executing the above-described scheme and artifice, on or about

April 19,2021, in the District of Connecticut and elsewhere, the defendant ANTRUM COSTON

transmitted and caused to be transmitted by means of wire communication in interstate commerce

certain writings, signs, signals, pictures, and sounds, that is, COSTON electronically signed and

submitted, and caused to be signed and submitted, an application (in connection with SBA Loan

#7441538810) to Harvest for a $20,833.00 PPP loan for a sole proprietorship business with dba or

tradename "Uptop Cleaning Shop" and business legal name "Antrum Coston," which included

material misrepresentations as described in Paragraph 9 above, for the purpose of fraudulently

claiming eligibility for a PPP loan and causing Harvest to make payment on the loan to a bank

account controlled by COSTON.

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




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           Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 6 of 8




                                          COLINT TWO
                                        (Money Laundering)

       18.     Paragraphs I through 77 are incorporated by reference.

       19.     On or about April 28, 2021, in the District of Connecticut and elsewhere, the

defendant ANTRUM COSTON did knowingly engage and attempt to engage in a monetary

transaction in criminally derived property of a value greater than $10,000, which involved a

financial institution which was engaged in, and the activities of which affected, interstate

commerce, such property having been derived from specified unlawful activity, that is wire fraud

in violation of Title 18, United States Code, Section 1343,to wit, COSTON withdrew $15,000

from Accowtx7748 at TD Bank, which funds were principally derived from COSTON's fraud in

obtaining a PPP loan through Harvest.

       All in violation of Title 18, United States Code, Section 1957.

                                         COUNT THREE
                  (Possession with Intent to Distribute Controlled Substances)

       20.     On or about December 31, 2021, in the District of Connecticut, the defendant

ANTRUM COSTON did knowingly and intentionally possess with intent to distribute a mixture

and substance containing a detectable amount of N-phenyl-N-[1- (2-phenylethyl )-4-piperidinyl]

propenamide ("fentanyl"), a mixture and substance containing a detectable amount of cocaine, and

a mixture and substance containing a detectable amount of cocaine base ("crack cocaine"), all

Schedule II controlled substances.

       In violation of Title 21, United States Code, Sections 8a1(a)(l) and 841(bX1XC).




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           Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 7 of 8




                                   FORFEITURE ALLEGATION
                                  (Controlled Substances Offense)

        21. Upon conviction of the controlled substances offense alleged in Count Three of this
Information, defendant ANTRUM COSTON shall forfeit to the United States, pursuant to Title

21, United States Code, Section853, all right, title, and interest in any property constituting, or

derived from, proceeds obtained, directly or indirectly, as a result of the violation of Title 21,

United States Code, Section 841, and any property used, or intended to be used, in any manner or

part, to commit, or to facilitate the commission of the said violation, and a sum of money equal to

the total amount of proceeds obtained as a result of the offense, including but not limited to:

       a. Approximately $2,184 in United States Currency seized from the defendant's person
           on December 31, 2021 andcurrently in the possession of the West Haven (Connecticut)

           Police Department; and

       b. Approximately 52,790 in United States Currency seized from the defendant's residence
           at an address on Coleman Street in West Haven on December 31, 2021, and currently

           in the possession of the West Haven Police Department.

        22. If any of the above-described forfeitable property, as a result of any act or omission
ofthe defendant, cannot be located upon the exercise ofdue diligence, has been transferred, sold

to, or deposited with a third party, has been placed beyond the jurisdiction of the court, has been

substantially diminished in value, or has been commingled with other property which cannot be

divided without difficulty, it is the intent of the United States, pursuant to Title 21, United States

Code, Section 853(p), to seek forfeiture of any other properry of said defendant up to the value of

the forfeitable property described above.




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          Case 3:22-cr-00257-SRU Document 3 Filed 12/20/22 Page 8 of 8




       All in accordance with Title 21, United States Code, Section 853 and Rule 32.2(a) of the

Federal Rules of Criminal Procedure.



                                       IINITED STATES OF AMERICA

                                          Zka
                                       ALFRED U. PAVLIS
                                       FIRST ASSISTANT LINITED STATES ATTORNEY




                                            ANT L]NITED STATES ATTORNEY




                                              8


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