Information — United States v. Tomas Ziupsnys, Middle District of Florida (Document 1)

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A criminal information in United States of America v. Tomas Ziupsnys, filed January 5, 2022 as Document 1 in No. 6:22-cr-00001-ACC-GJK in the U.S. District Court for the Middle District of Florida. It charges conspiracy to commit bank fraud under 18 U.S.C. § 1349, bank fraud under 18 U.S.C. § 1344, and aggravated identity theft under 18 U.S.C. § 1028A(a)(1). The information alleges that from at least April 10, 2020 through May 2020 conspirators submitted fraudulent PPP applications to CenterState Bank and Customers Bank for companies including Helly Tec LLC and Holster Designs, with false payroll and employee figures and fabricated documents. It alleges that proceeds went to unauthorized items including personal credit card expenses and FedEx routes. The forfeiture allegation seeks a money judgment of $632,000; the signature block names United States Attorney Roger B. Handberg.

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Case 6:22-cr-00001-ACC-GJK Document1 Filed 01/05/22 Page 1 of 12 PagelD 1

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION 202? JAR -5 PM 3: G4
UNITED STATES OF AMERICA NSTC) OF ORB
18 U.S.C. § 1349
TOMAS ZIUPSNYS 18 U.S.C. § 1344

18 U.S.C. § 1028A(a)(1)

INFORMATION

The United States Attorney charges:

COUNT ONE
(Conspiracy to Commit Bank Fraud)

A. Introduction

At times material to this Information:

1. TOMAS ZIUPSNYS resided in Reunion, Florida, in the Middle
District of Florida.

2. Helly Tec LLC was a limited liability company that TOMAS
ZIUPSNYS formed in Florida, on or about June 21, 2017. The formation
documents listed TOMAS ZIUPSNYS as the manager and registered agent of Helly
Tec. On or about September 18, 2017, TOMAS ZIUPSNYS removed himself and
added Conspirator-1 as the registered agent and manager of Helly Tec LLC. On or
about May 28, 2019, Conspirator-1 removed herself and added TOMAS ZIUPSNYS
as the registered agent and manager of Helly Tec LLC. TOMAS ZIUPSNYS

voluntarily dissolved Helly Tec LLC on or about June 12, 2019.
Case 6:22-cr-00001-ACC-GJK Document 1 Filed 01/05/22 Page 2 of 12 PagelD 2

3. LTGFS Inc. was a corporation that TOMAS ZIUPSNYS formed in
Florida, on or about March 14, 2018. The incorporation documents listed TOMAS
ZIUPSNYS as the President of LTGFS Inc. TOMAS ZIUPSNYS voluntarily
dissolved LTGFS Inc. on or about June 24, 2019.

4, SLSHT LLC was a limited liability company that TOMAS ZIUPSNYS
formed in Florida, on or about January 22, 2019. The formation documents listed
TOMAS ZIUPSNYS as the registered agent and manager of SLSHT LLC.

TOMAS ZIUPSNYS voluntarily dissolved SLSHT LLC on or about November 4,
2019.

5. HFSG LLC was a limited liability company that Conspirator-1 formed
in Florida, on or about April 1, 2019. The formation documents listed Conspirator-
1 as the registered agent and manager of HFSG LLC. On or about October 21,
2019, Conspirator-1 registered TOMAS ZIUPSNYS as the new registered agent of
HFSG LLC. Conspirator-1 remained the manager of HFSG LLC.

6. MMHFSG LLC was a limited liability company that Conspirator-1
formed in Florida, on or about May 9, 2019. The formation documents listed
Conspirator-1 as the registered agent and manager of MMHFSG LLC.

7. Goshawk Optical LLC was a limited liability company that
Conspirator-1 formed in Florida, on or about July 3, 2019. Conspirator-1 listed
herself as the manager of Goshawk Optical LLC.

8. Doggo Enterprises LLC was a limited liability company that
Conspirator-1 formed in Florida, on or about February 17, 2020. The formation

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Case 6:22-cr-00001-ACC-GJK Document1 Filed 01/05/22 Page 3 of 12 PagelD 3

documents listed Conspirator-1 as the sole authorized member of Doggo Enterprises
LLC.

9. Holster Designs was an unregistered business entity that TOMAS
ZIUPSNYS claimed to own and operate.

10. In or around March 2020, in response to the economic crisis caused by
the novel coronavirus pandemic, the United States Congress passed the Coronavirus
Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, 134 Stat. 281 (2020)
(“CARES Act”). Among other things, the CARES Act made available to qualified
small businesses billions of dollars’ worth of government-guaranteed loans, through |
the Paycheck Protection Program (PPP). The purpose of PPP loans was to help
small businesses that were suffering from the economic downturn to continue to pay
salary or wages to their employees.

11. The PPP was administered by the Small Business Administration
(SBA), which promulgated regulations concerning eligibility for PPP loans. Eligible
businesses could apply for a PPP loan through a federally insured depository
institution.

12. To qualify for a loan under the PPP, an applicant had to meet certain
criteria including, among other things, that it (the business) was “in operation on
February 15, 2020 and either had employees for whom it paid salaries and payroll
taxes or paid independent contractors, as reported on Form(s) 1099-MISC.”
Moreover, the loan amount that could be approved under the PPP and implementing
regulations typically was a function of the applicant’s historical payroll costs.

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Case 6:22-cr-00001-ACC-GJK Document1 Filed 01/05/22 Page 4 of 12 PagelD 4

Accordingly, to obtain a PPP loan, the applicant was required to state, among other
things, its average monthly payroll expenses and number of employees. The
applicant was also required to provide documentation of the business’s payroll
expenses.

13. The proceeds of a PPP loan could be used only for certain specified
items, such as payroll costs, costs related to the continuation of group health care
benefits, mortgage interest payments (but not mortgage prepayments or principal
payments), rent payments, utility payments, interest payments on debt obligations
that were incurred before February 15, 2020, or refinancing certain specified SBA
loans. The proceeds of a PPP loan were not permitted to be used to fund the
borrower’s ordinary day-to-day living expenses, or anything unrelated to the
specified authorized expenses.

14. CenterState Bank of Florida (“CenterState Bank”) and Customers Bank
each were banks the deposits of which were insured by the Federal Deposit
Insurance Corporation (FDIC). CenterState Bank and Customers Bank each
therefore constituted a “financial institution” for purposes of 18 U.S.C. §§ 20 and
1344,

B. The Conspiracy

15. Beginning on an unknown date, but at least as early as on or about

April 10, 2020, and continuing through at least in or about May 2020, in the Middle

District of Florida, and elsewhere, the defendant,
Case 6:22-cr-00001-ACC-GJK Document1 Filed 01/05/22 Page 5 of 12 PagelD 5

TOMAS ZIUPSNYS,
did knowingly and willfully combine, conspire, confederate, and agree with others
known and unknown to the United States Attorney, to commit bank fraud: that is, to
knowingly, and with intent to defraud, execute and attempt to execute a scheme and
artifice to defraud a financial institution and to obtain any of the moneys, funds,
credits, assets, and other property owned by, and under the custody and control of a
financial institution by means of materially false and fraudulent pretenses,
representations, and promises, in violation of 18 U.S.C. § 1344.
C. Purpose and Object of the Conspiracy

16. It was the purpose and object of the scheme and artifice for TOMAS
ZIUPSNYS and others known and unknown to the United States Attorney to
fraudulently obtain moneys, funds, credits, assets, and other property owned by, and
under the custody and control of a financial institution, namely, PPP loan proceeds,
and to spend those proceeds on items that were not authorized under the PPP.

D. Manner and Means of the Conspiracy

17. The manner and means by which the conspirators sought to accomplish
the objects and purposes of the conspiracy included, among other things, the
following:

18. It wasa part of the conspiracy that one or more conspirators would and
did submit and cause to be submitted fraudulent PPP loan applications to
CenterState Bank and Customers Bank on behalf of Helly Tec LLC, LTGFS Inc.,
HFSG LLC, MMHFSG LLC, SLSHT LLC, Goshawk Optical LLC, Doggo

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Case 6:22-cr-00001-ACC-GJK Document1 Filed 01/05/22 Page 6 of 12 PagelD 6

Enterprises LLC, and Holster Designs (each a “COMPANY,” and collectively, the
“COMPANIES”).

19. It was further a part of the conspiracy that one or more conspirators
would and did knowingly include in the COMPANIES’ PPP loan applications
materially false and fraudulent representations and supporting documentation,
including:

a. False claims thata COMPANY had the average monthly payroll
expenses stated in the application, when in truth and in fact, as the conspirators then
and there well knew, the COMPANY ’s actual average monthly payroll expenses
were significantly lower, or entirely nonexistent.

b. False claims that a COMPANY had the number of employees
stated in the application, when in truth and in fact, as the conspirators then and there
well knew, the COMPANY ’s actual number of employees was significantly lower, or
entirely nonexistent.

C. Fabricated documentation that purported to show a
COMPANY ’s annual sales revenue, when in truth and in fact, as the conspirators
then and there well knew, the COMPANY ’s actual annual sales revenue was
significantly lower, or entirely nonexistent.

d. Fabricated documentation that purported to list the names of
employees of a COMPANY and timeframes in which those employees worked for

the COMPANY, when in truth and in fact, as the conspirators then and there well
Case 6:22-cr-00001-ACC-GJK Document 1 Filed 01/05/22 Page 7 of 12 PagelD 7

knew, some or all of the listed employees had not worked for the COMPANY during
the stated timeframes, if at all.

e. Fabricated documentation that purported to list the payments
made to employees of a COMPANY and the timeframes in which those payments
had been made, when in truth and in fact, as the conspirators then and there well
knew, some or all of the employees had not received the stated payments from the
COMPANY during the stated timeframes, if at all.

f. A false certification that a COMPANY was in operation on
February 15, 2020, when in truth and in fact, as the conspirators then and there well
knew, the COMPANY had ceased operation before February 15, 2020.

g. A false certification that “[t]he 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,”
when in truth and in fact, as the conspirators then and there well knew, the
conspirators intended to use the PPP loan proceeds for unauthorized purposes,
including to purchase FedEx routes for their personal enrichment.

h. A false certification that “the information provided in this
application and the information provided in all supporting documents and forms is
true and accurate in all material respects,” when in truth and in fact, as the
conspirators then and there well knew, the information provided in the PPP loan
application and supporting documentation and forms was not true and accurate in all

material respects.
Case 6:22-cr-00001-ACC-GJK Document1 Filed 01/05/22 Page 8 of 12 PagelD 8

20. It was further part of the conspiracy that one of more of the conspirators
obtained proceeds of PPP loans issued to a COMPANY as a result of a materially
false PPP loan application.

21. It was further part of the conspiracy that the conspirators knowingly
spent and attempted to spend those proceeds on numerous items that they knew were
not authorized under the PPP, including personal credit card expenses and FedEx
routes.

22. It was further a part of the conspiracy that one or more conspirators
would and did perform acts and make statements to hide and conceal, and cause to
be hidden and concealed, the purpose of the scheme and the acts committed in
furtherance of the scheme.

All in violation of 18 U.S.C. § 1349.

COUNT TWO
(Bank Fraud)

A. Introduction
23. The United States Attorney hereby realleges paragraphs 1 through 22 of
Count One of this Information and incorporates such paragraphs by this reference as
though fully set forth herein.
B. The Scheme
24. Beginning on an unknown date, but at least as early as on or about
April 10, 2020, and continuing through at least in or about May 2020, in the Middle

District of Florida, and elsewhere, the defendant,
Case 6:22-cr-00001-ACC-GJK Document 1 Filed 01/05/22 Page 9 of 12 PagelD 9

TOMAS ZIUPSNYS,
aided and abetted by others, did knowingly, and with intent to defraud, execute, and
attempt to execute, a scheme and artifice to defraud a financial institution and to
obtain any of the moneys, funds, credits, assets, and other property owned by, and
under the custody and control of, a financial institution by means of materially false
and fraudulent pretenses, representations, and promises.

C. Manner and Means of the Scheme

25. The substance of the scheme and artifice to defraud and its manner and
means are set forth in paragraphs 18 through 22 of Count One of this Information,
the allegations of which are repeated and realleged as if fully set forth herein.

D. Executions of the Scheme

26. Onor about April 11, 2020, in the Middle District of Florida, and

elsewhere, the defendant,

TOMAS ZIUPSNYS,
aided and abetted by others, and for the purpose of knowingly, and with intent to
defraud executing, and attempting to execute the aforementioned scheme and artifice
to defraud a financial institution, and to obtain any of the moneys, funds, credits,
assets, and other property owned by, and under the custody and control of a
financial institution, by means of materially false and fraudulent pretenses,
representations, and promises, did submit and cause to be submitted a false PPP loan
application, to a financial institution, that is, CenterState Bank.

All in violation of 18 U.S.C. §§ 1344 and 2.

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Case 6:22-cr-00001-ACC-GJK Document 1 Filed 01/05/22 Page 10 of 12 PagelD 10

COUNT THREE
(Aggravated Identity Theft)

27. The United States Attorney hereby realleges paragraphs 1 through 26 of
Counts One and Two of this Information and incorporates such paragraphs by this
reference as though fully set forth herein.

28. Onor about April 10, 2020, in the Middle District of Florida, and
elsewhere, the defendant,

TOMAS ZIUPSNYS

did knowingly transfer, possess, and use, without lawful authority, a means of
identification of another person, specifically, J.W., during and in relation to a felony
violation of Conspiracy to Commit Bank Fraud, in violation of 18 U.S.C. § 1349, as
charged in Count One of this Information, knowing that such means of identification
belonged to an actual person.

In violation of 18 U.S.C. § 1028A(a)(1).

FORFEITURE

1. The allegations contained in Counts One and Two of this Information
are hereby realleged and incorporated by reference for the purpose of alleging
forfeitures pursuant to the provisions of 18 U.S.C. § 982(a)(2)(A).

2. Upon conviction of a violation of 18 U.S.C. §§ 1344 or 1349, the
defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2)(A), any
property constituting, or derived from, proceeds obtained, directly or indirectly, as a

result of such violation.

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Case 6:22-cr-00001-ACC-GJK Document 1 Filed 01/05/22 Page 11 of 12 PagelD 11

3. The property to be forfeited includes, but is not limited to, the
following: a money judgment in the amount of $632,000, which represent proceeds
of the offenses, and 1) approximately $50,000 seized from Tannehill, Carmean &
McKenzie PLLC’s account at Trust Mark National Bank, which was being held on
behalf of Holly Urban and/or Hufer3 Inc.; and 2) approximately $67,845.66 seized
from USAA Federal Savings Bank Account #7284-9 held in the name of Tomas
Ziupsnys and Holly Urban, which fund were proceeds obtained from the bank fraud
conspiracy.

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

divided without difficulty;

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Case 6:22-cr-00001-ACC-GJK Document 1 Filed 01/05/22 Page 12 of 12 PagelD 12

the United States shall be entitled to forfeiture of substitute property under the
provisions of 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(1).

ROGER B. HANDBERG
United States Attorney

Emily C. L. Chang
Assistant United States Attorney

ianys Rivera Miranda

Assistant United States Attorney
Deputy Chief, Orlando Division

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