Pandemic Darlings The pandemic economy, in original documents
Home Criminal Information — United States v. Shawn Allen Farmer, Eastern District of North Carolina (Document 1)Search ⌕

Criminal Information — United States v. Shawn Allen Farmer, Eastern District of North Carolina (Document 1)

Cite this document

“Criminal Information — United States v. Shawn Allen Farmer, Eastern District of North Carolina (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/information-no-5-20-cr-00526-dkt-1-e-d-n-c-77ad2cc254/, SHA-256 3bb55406f302acebdd319d979fa2d4905a83b1d2994c982a0640b037dccd0bee.

Full text

WMG
                       UNITED STATES DISTRICT COURT
                FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                             WESTERN DIVISION

                              No. 5:2o-CR-S2eo

 UNITED STATES OF AMERICA                 )
                                          )
                v.                        )          CRIMINAL INFORMATION
                                          )
 SHAWN ALLEN FARMER                       )


       The United States Attorney charges that:

                                  INTRODUCTION

       1.     · MG was an individual who resided and did business in the Eastern

District of North Carolina.    Operating from his home in Knightdale, and from a

business location in Raleigh, MG accepted fees from clients for alleged credit repair

services.

       2.      SHAWN ALLEN FARMER was an individual who resided and did

business in the Eastern District of North Carolina.      SHAWN FARMER was a

business affiliate of MG.

                                    COUNT ONE

       3.      Lowes is a national home improvement chain store that sold, among

other things, various gift cards and stored-value cards. Lowes Customers had the

ability to apply to Synchrony Bank for a Lowes credit card account. Synchrony Bank

was an institution whose deposits were insured by the Federal Deposit Insurance

Corporation.




            Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 1 of 8
      4.      Between October 6, 2017 and December 31, 2018, MG and SHAWN

ALLEN FARMER engaged in a scheme to acquire things of value from Lowes using

a Synchrony Bank credit account that they caused to be opened using a fraudulent

credit profile. By doing so, MG and FARMER could acquire things of value from

Lowes on credit without being held accountable for the debt.

      5.      To create the fraudulent credit profile, MG acquired a Social Security

Number (SSN) that did not belong to FARMER or MG. The SSN that MG and Shawn

Farmer used in the scheme ended in *7282.

      6.      After obtaining a SSN, MG then collaborated with FARMER to create

other aspects ofthe fraudulent identity, such as the date of birth, email address, and ·

phone number. Then, on October 17, 2017, MG texted all of the identifiers for the

fraudulent identity back to FARMER, for use in the scheme.

      7.      After creating the fictitious identity, on or about January 5, 2018,

FARMER and MG applied for a Lowes credit account, through Synchrony Bank.

When applying for the credit card, MG and FARMER utilized the fictitious identity

previously described, rather than FARMER's true identity. As a result, Synchrony

Bank issued a credit account ending in *4090 to FARMER's fraudulent identity.

      8.      MG then instructed FARMER concerning how to use the fraudulent

credit account at different Lowes stores to obtain stored value cards and convert those

cards to cash. Between January 9, 2018 and December of 2019, FARMER used the

Lowes card as instructed.

      9.      After purchasing stored-value cards on the fraudulent credit card at
                                          2




           Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 2 of 8
Lowes, MG and FARMER did not_ pay the credit balance on th~ card.

       10.    On or about December 9, 2018, Synchrony Bank charged off more than

$11,000 in losses on FARMER's fraudulent credit account.

       11.    Therefore, between October 6, 2017 and December 9, 2018, within the

· Eastern District of North Carolina and elsewhere, SHAWN ALLEN FARMER, aiding

and abetting another, knowingly executed and attempted to execute a scheme and

artifice to defraud a financial institution, to wit, Synchrony Bank; and to obtain any
                                          1




of the moneys, funds, credits, assets, and other property owned by and under the

custody and control of Synchrony Bank, by means of materially false and fraudulent

pretenses, representations, and promises.
                                                                      "
      All in violation of Title 18, United States Code, Sections 1344 and 2.

                                   COUNT TWO

                                    Background

       12.    The United States Small Business Administration (SBA) is an agency

within the Executive Branch of the government of the United States that provides

support to entrepreneurs and small businesses.       The mission of the 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.

       13.    As part of this 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,
                                          3



         Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 3 of 8
  which was signed into law 1n March 2020, established several new temporary

  programs and provided for the expansion of others to address the COVID-19

  outbreak.

         14.   One response to the COVID-19 outbreak was an expansion of an existing

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

  loan assistance (including $10,000 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, accounts payable and other bills that could have been paid had the disaster

  · riot occurred; however, such loan proceeds are not intended to replace lost sales or

  profits or for expansion of a business.

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

  issued directly from 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, 2020; the cost of goods sold; and information as

  to any criminal history of the 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 of loan proceeds may result in

  sanctions, including criminal penalties.




                                             4




           Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 4 of 8
                  THE SCHEME TO MAKE FALSE EIDL CLAIMS

       16.    Between April 3. 2020 and July 6. 2020 (date of deposit to Totten

 account), in the Eastern District of North Carolina and elsewhere, SHAWN ALLEN

 FARMER, the defendant herein, engaged in a scheme to fraudulently obtain disaster-

 related benefits in the form of SBA-sponsored Economic Injury Disaster (EIDL) loans.

       17.    FARMER submitted applications for loans under the EIDL program

. that contained false statements, misrepresentations and omissions related to, among

 other things, income, employment, and claimed business entities.

       18.    FARMER falsely attested on the aforementioned loan applications that

 the information presented was true and accurate.

       19.    FARMER maintained bank accounts at Bank of America ·and.Navy

 Federal Credit Union for the purposes of receiving EIDL proceeds.

       20.    FARMER misapplied the EIDL proceeds for purposes unrelated to those

 authorized by the United States Small Business Administration.

                                 SPECIFIC CLAIMS

       21.    On or about April 3, 2020, FARMER submitted an EIDL application to

 the SBA for Innovative Mobile Detail/Pressure Wash LLC (application number

 ending 5215) that contained false statements and misrepresentations and omissions

 related to revenue of the company, and background information.

       22.    On or about June 26, 2020, FARMER submitted an EIDL application to

 the SBA for Shawn Farmer (application number ending 0956) that contained false

 statements and misrepresentations and omissions related to revenue,. address and
                                       5



          Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 5 of 8
 background information.

       23.      On or about July 2, 2020, FARMER submitted an EIDL application to

 the SBA for M.T. (application number ending 8449) that contained false statements

 and misrepresentations and omissions related to employment, revenue, number of

 employees and background information.

      · 24.     On or about July 2, 2020, FARMER submitted an EIDL application to

 the SBA for J.M. (application number ending 2856) that contained false statements

 and misrepresentations and omissions related to employment, revenue, address,

 number of employees and background information.

       25.      On or about July 7, 2020, FARMER submitted an EIDL application to

 the SBA for B.L. (application number ending 7777) that contained false statements .

 and misrepresentations and omissions related to employment, revenue, address,

 number of employees and background information.

       26.      Therefore, between April 3, 2020 and July 7, 2020, in the Eastern

 District of North Carolina and elsewhere the defendant, SHAWN ALLEN FARMER,

 made and presented claims upon and against- the United States Small Business

'Administration, that is, the aforementioned claims for disaster-related benefits in the

 form of -EIDL applications, knowing that the claims were false, fictitious, and

 fraudulent, as described herein, all in violation of Title 18, United States Code,

 Section 287.




                                           6




          Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 6 of 8
                                 FORFEITURE NOTICE

        The defendant is given notice that all of the defendant's interest in all property·

 specified herein is subject to forfeiture.

        Upon conviction of the offense set forth in Count 1 of the Criminal Information,

 the defendant shall forfeit to the United States, pursuant to Title 18, United States

 Code, Section 982(a)(2)(A), and/or Title 18, United States Code, Section 9-81(a)(l)(C)

 (the latter as made applicable by Title 18, United States Code, Section 2461(c)), any

 and all property, real or personal, constituting, or derived from, any proceeds the

 defendant obtained directly or indirectly as a result of the said offenses.

        Upon conviction of the offense set forth in Counts 1 through 2 of the Criminal

 Information, the defendant shall forfeit to the United States, pursuant to Title 18,

 United States Code, Section 981(a)(l)(C), as made applicable by Title 18, United

 States Code, Section 2461(c), any and all property, real or personal, constituting, or

· derived from, any proceeds the defendant obtained directly or indirectly as a result of

 the said offenses.

        The forfeitable property· includes, but is not limited to, the gross proceeds

 personally obtained by the defendant.

        If any of the above-described forfeitable property, as a result of any act or

 omission of the defendant --

        (1)    cannot be located upon the exercise of due diligence;

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

        (3)    has been placed beyond the jurisdiction of the court;
                                              7




          Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 7 of 8
       (4)   has been substantially diminished in value; or

       (5)   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 property of said defendant up to the

.value of the forfeitable property described above.




                                           8



         Case 5:20-cr-00526-BO Document 1 Filed 11/30/20 Page 8 of 8


File and source

File
1-information.pdf
Size
102,899 bytes
SHA-256
3bb55406f302acebdd319d979fa2d4905a83b1d2994c982a0640b037dccd0bee
Our copy
1-information.pdf
Original
archive.org
Back to top