Pandemic Darlings The pandemic economy, in original documents
Home Information — United States v. Malik Mitchum and Jenna Mitchum, Eastern District of Virginia (Document 1)Search ⌕

Information — United States v. Malik Mitchum and Jenna Mitchum, Eastern District of Virginia (Document 1)

Summary

A criminal information in United States of America v. Malik Mitchum and Jenna Mitchum, filed December 17, 2021 as Document 1 in No. 4:21-cr-00085-AWA-DEM in the U.S. District Court for the Eastern District of Virginia, Newport News Division. It charges both defendants with conspiracy to commit wire fraud under 18 U.S.C. § 1349, with criminal forfeiture under 18 U.S.C. § 982(a)(2)(A). The information alleges that from about March 2020 to at least May 2021 the defendants submitted false EIDL and PPP applications using fictitious businesses such as Alpha 2 Omega Logistics and Day and Night Trucking, fabricated bank statements and helped others apply for a percentage of the funds. It alleges actual loss of not less than $1.4 million and intended loss of not less than $5.1 million. The signature block names United States Attorney Jessica D. Aber.

Summary drafted by a model from the text of the original file linked on this page 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

“Information — United States v. Malik Mitchum and Jenna Mitchum, Eastern District of Virginia (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/information-no-4-21-cr-00085-dkt-1-e-d-va-2b17f05d09/, SHA-256 625529bb2af73e61441543b6cb665a0b8fde2265c8216bfe41d1fb96194375ee.

Full text

Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 1 of 8 PageID# 1

                                                                                          FILED

                    IN THE UNITED STATES DISTRICT COURT FOR THI                         DEC 1 7 2021
                            EASTERN DISTRICT OF VIRGINIA
                                                                                  CLERK, U.S. DISTRICT COURT
                                      Newport News Division                              NORFOLK, VA


 UNITED STATES OF AMERICA

                                                          CRIMINAL NO. 4:21-or-
            V.


                                                          18U.S.C. § 1349
 MALIK MITCHUM,
                                                          Conspiracy to Commit Wire Fraud
                                                          (Count 1)
 and

                                                          18 U.S.C. § 982(a)(2)(A)
 JENNA MITCHUM,
                                                          Criminal Forfeiture

                 Defendants.


                                   CRIMINAL INFORMATION


                                   GENERAL ALLEGATIONS


       At all times relevant:


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

agency ofthe United States government that provides support to entrepreneurs and small

businesses. The mission ofthe SBA is to maintain and strengthen the nation's economy by

enabling the establishment and viability of small businesses and by assisting in the economic

recovery of communities after disasters.

       2.        As part ofthis effort, the SBA enables and provides for loans through banks,

credit unions and other lenders. These loans have government-backed guarantees. In addition to

traditional SBA funding programs. The CARES Act, which was signed into law in March 2020,

established several new temporary programs and provided for the expansion of others to address

the COVID-19 pandemic.

       3.        One ofthese new programs was the SBA paycheck Protection Program (PPP),

which provided for loans as a direct incentive for small businesses to keep their workers on the
Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 2 of 8 PageID# 2




payroll. Under this program,the SBA forgave all or part ofloans ifthe applying business kept

its employees on the payroll for eight weeks and submitted documentation confirming that the

loan proceeds were used for payroll, rent, mortgage interest, or utilities. Interested applicants

apply through an existing SBA lender or any other participating federally insured financial

institution.

        4.      The PPP application process requires applicants to submit a Borrower Application

Form through an SBA-approved financial entity. The application contains information as to the

purpose ofthe loan, average monthly payroll, number ofemployees and background ofthe

business and its owner,including questions relating to criminal history. Applicants are also

required to make good faith certifications, including that economic xmcertainties have

necessitated their loan requests for continued business operations and that they intend to use loan

proceeds only for the authorized and not any duplicative purposes.

        5.      Another related response to the COVID-19 pandemic has been an expansion of

an existing disaster-related program-the Economic Injury Disaster Loan(EIDL)-to provide

for loan assistance (including $10,000.00 advances)for small businesses and other eligible

entities for loans up to $2 million. The EIDL proceeds can be used to pay fixed debts, payroll,

accoimts payable and other bills that could have been paid had the disaster not occurred;

however,such loan proceeds are not intended to replace lost sales or profits or for expansion of

the business.

       6.       Unlike certain other types of SBA-guaranteed loans,EIDL funds are issued

directly firom the United States Treasury and applicants apply through the SBA via an online

portal and application. The EIDL application process, which also uses certain outside

contractors for system support, collects information concerning the business and the business

owner, including: information as to the gross revenues for the business prior to January 31,
Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 3 of 8 PageID# 3




2020;the cost ofgoods sold; and infonnation as to any criminal history ofthe business owner.

Applicants electronically certify that the information provided is accurate and are warned that

any false statement or misrepresentation to the SBA or any misapplication ofloan proceeds may

result in sanctions, including criminal penalties.

                                           COUNT ONE


       THE UNITED STATES ATTORNEY CHARGES THAT:


       Between in or about March 2020 and continuing imtil in or about at least May 2021,the

exact dates being unknown,in the Eastern District of Virginia and elsewhere, MALIK

MITCHUM and JENNA MITCHUM,the defendants herein, and other conspirators known and

unknown,did knowingly and willfully combine, conspire, confederate and agree with each other

and others known and unknown,to commit the following offense against the United States: to

knowingly devise and intend to devise a scheme and artifice to defraud and for obtaining money

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

promises affecting a financial institution, for which the defendants transmitted and caused to be

transmitted by means of wire communications in interstate conunerce certain writings, signs,

signals, and sounds for the pinpose of executing the scheme and artifice to defraud and for

obtaining money by means of materially false and fraudulent pretenses, representations, and

promises, in violation of Title 18, United States Code, Section 1343.
Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 4 of 8 PageID# 4




                   WAYS.MANNER AND MEANS OF THE CONSPIRACY


        The ways, manner, and means by which the foregoing objectives ofthe conspiracy to

commit wire fraud were to be accomplished included, but were not limited to the following:

        1.     The primary purpose ofthe conspiracy and scheme and artifice was for the

defendants to fraudulently obtain pandemic-related benefits in the form of SBA-sponsored

Economic Injury Disaster(EIDL)loans and SBA Paycheck Protection Program(PPP)loans.

       2.      It was further part ofthe conspiracy and scheme and artifice that the defendants

submitted applications for loans under the EIDL and PPP programs that contained false

statements, misrepresentations, omissions related to the defendant's income,employment, and

claimed business entities.

       3.      It was further part ofthe conspiracy and scheme and artifice that the defendants

falsely attested on their loan applications that the information presented was true and accurate.

       4.      It was further part ofthe conspiracy and scheme and artifice that the defendants

formed fictitious business entities such as Alpha 2 Omega Logistics, Southern by the Belle, A20

Auto Brokers,Pure Pressure, and Day and Night Trucking - all of which were used to

fraudulently apply for loans under the EIDL and PPP programs.

       5.      It was further part ofthe conspiracy and scheme and artifice that the defendants

fabricated bank statements and other documentation to falsely portray the fmancial activity of

their purported businesses in need ofEIDL and PPP funds.

       6.      It was further part ofthe conspiracy and scheme and artifice that the defendants

helped coconspirators fraudulently apply for EIDL and PPP funds and in some cases were paid a

percentage ofthe funds obtained.
Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 5 of 8 PageID# 5




       7.      It was further part ofthe conspiracy and scheme and artifice that the defendants

and coconspirators caused actual loss in an amount not less than $1.4 million and intended loss

in an amount not less than $5.1 million.

       8.      It was further a part ofthe conspiracy and scheme and artifice that the Small

Business Administration, the Commonwealth of Virginia, and financial institutions like Ready

Capital Corporation and Newtek Small Business Finance, LLC,sustained pecuniary loss.

       9.      It was further part ofthe conspiracy and scheme and artifice to defiaud that the

defendants knowingly and willfully transmit and caused to be transmitted by means of wire

communication interstate commerce, certain signs, signals, and sounds, that is, the electronic

transmission ofinformation from terminals and/or computers within the Eastern District of

Virginia and terminals and/or computer servers located outside ofthe Commonwealth of

Virginia.

             (In violation of Title 18,United States Code, Sections 1349 and 1343.)
Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 6 of 8 PageID# 6




                                             FORPEITURE


       1.        The defendants, if convicted ofthe violation alleged in Count One,shall forfeit to

the United States, as part of sentencing pursuant to Federal Rule of Criminal Procedure 32.2, any

property constituting, or derived from,proceeds obtained directly or indirectly, as the result of

the violation.

       2.        If any property that is subject to forfeiture is not available, it is the intention ofthe

United States to seek an order forfeiting substitute assets to Title 21, United States Code, Section

853(p)and Federal Rule of Criminal Procedure 32.2(e).

                      (In accordance with Title 18,United States Code,982(a)(2)(A).)
Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 7 of 8 PageID# 7




UNITED STATES v. MALIK MITCHUM AND JENNA MITCHUM,4:21-cr- 85



                                     RespectMly submitted,
                                     Jessica D. Aber
                                     United States Atto:



                               By:
                                     D. Mack Colema
                                     Assistant United States Attorney
                                     Eastern District of Virginia
                                     Fountain Plaza Three, Suite 300
                                     721 Lakejfront Commons
                                     Newport News, Virginia 23606
                                     Office: (757)591-4000
                                     Fax:    (757)591-0866
                                     Email: mack.coleman@usdoj.gov
Case 4:21-cr-00085-AWA-DEM Document 1 Filed 12/17/21 Page 8 of 8 PageID# 8




                                 CERTIFICATE OF SERVICE


       I hereby certify that on December 17,2021,1 submitted the foregoing to the Clerk of

Court to be filed. I will send a notification ofsuch filing to counsel ofrecord for the defendant

       Counsel for Malik Mitchum:
       James Broccoletti
       Zoby & Brocoletti
       6663 Stoney Point S
       Norfolk, Virginia 23502
       james@zobybroccoletti.com
       (757)466-0750

       Counsel for Jenna Mitchum:
       Richard Doummar
       Law Office ofRichard H. Doummar
       1397 Laskin Road
       Virginia Beach, Virginia 23451
       rdoummar@doummarlaw.com
       (757)422-0061




                                             By:
                                                     D. Mac^Colem^
                                                     Assistant United States Attorney
                                                     Eastern District of Virginia
                                                     Fountain Plaza Three, Suite 300
                                                     721 Lakeffont Commons
                                                     Newport News, Virginia 23606
                                                     Office:(757)591-4000
                                                     Fax:(757)591-0866
                                                     Email: mack.coleman@usdoj.gov


File and source

File
1-information.pdf
Size
902,425 bytes
SHA-256
625529bb2af73e61441543b6cb665a0b8fde2265c8216bfe41d1fb96194375ee
Our copy
1-information.pdf
Original
archive.org
Back to top