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Information — United States v. Michael Lain, District of Colorado (Document 1)

Summary

An Information filed May 26, 2021 as Document 1 in United States of America v. Michael Lain, Criminal Case No. 21-cr-175-WJM, in the U.S. District Court for the District of Colorado. Count One charges wire fraud under 18 U.S.C. § 1343. The Information alleges that from at least March 2020 through at least the end of June 2020 the defendant controlled 70 limited liability companies and submitted false EIDL applications for them, misstating gross revenues and cost of goods sold. It alleges that the LLCs received $3,830,400 in EIDL proceeds and $336,000 in Economic Injury Disaster Grant proceeds. The charged wire is an SBA payment file for a loan to Ramnauxtly PMB 304, LLC, and the forfeiture allegation cites 28 U.S.C. § 2461(c). It is signed by Assistant United States Attorney Patricia Davies.

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“Information — United States v. Michael Lain, District of Colorado (Document 1).” Original at ecf.cod.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/information-usa-v-lain-dkt-1-d-colo-349a13b644/, SHA-256 c6b1f2971c4d88deeacda52ebaea10353786ce97db9868d8ca9652c16f169435.

Full text

Case No. 1:21-cr-00175-WJM       Document 1 filed 05/26/21        USDC Colorado      pg 1
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                       IN THE UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF COLORADO

 Criminal Case No. 21-cr-175-WJM

 UNITED STATES OF AMERICA,

       Plaintiff,
 V.


 1.    MICHAEL LAIN ,

       Defendant.



                                      INFORMATION



      The UNITED STATES ATTORNEY charges that:

                                       COUNT ONE
                                     18 u.s.c. § 1343

General Allegations

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

Coronavirus Aid , Relief, and Economic Security ("CARES") Act, wh ich provided

emergency assistance, administered by the United States Small Business

Administration ("SBA"), to small business owners affected by the Coronavirus ("COVID-

19") pandemic. The two sources of funding for small businesses were the Paycheck

Protection Program ("PPP") and the Economic Injury Disaster Loans ("EIDL") program .

The CARES Act mandated that only businesses in operation before February 1, 2020 ,

were eligible under the EIDL program. Under the EIDL program , a small business could

receive a loan in an amount of up to six months of working capital with a maximum of
Case No. 1:21-cr-00175-WJM        Document 1 filed 05/26/21        USDC Colorado       pg 2
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 $150,000 during all times relevant to this Information . The SBA determined the amount

 of the loan for which each small business was eligible based , in part, on the amount of

 gross revenues and cost of goods sold for the business set forth in the EIDL application.

 The CARES Act also allowed eligible businesses submitting EIDL applications to

 request in the same application an advance grant of up to $10,000.

 The Scheme

       2.     Beginning in or about March 2020 and continuing through at least in or

 about the end of June 2020, in the State and District of Colorado and elsewhere,

 defendant MICHAEL LAIN ("LAIN ") devised and intended to devise a scheme to obtain

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

 promises (herein after referred to as the "Scheme"). The Scheme was executed in

 connection with submitting false and fraudulent loan applications to the SBA seeking

 loans and grants under the EIDL program authorized by the CARES Act. It was part of

the Scheme that:

              a. From at least March 2020 through at least the end of June 2020,

                   defendant LAIN controlled 70 limited liability companies ("LLC ") that

                   had not been active companies with employees , gross receipts or

                   costs of goods sold during the 12 months prior to January 31 , 2020 ;

              b. From in or about March 2020 through in or about the end of June

                 2020, defendant LAIN submitted false and fraudulent applications on

                 behalf of these 70 LLCs to the SBA seeking loans and grants under

                 the EIDL program ;




                                              2
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             c. In at least 59 of those false and fraudulent EIDL applications ,

                defendant LAIN made false statements about the number of

                employees each LLC had as of January 31 , 2020 ;

             d. In all 70 of those false and fraudulent EIDL applications, defendant

                LAIN made false statements about the amount of gross revenues and

                cost of goods sold that each LLC had in the 12 months prior to January

                31 , 2020 ;

            e. In connection with each of the 70 loans , defendant LAIN signed , or

                caused someone else to sign , a Loan Authorization and Agreement in

                which LAIN falsely agreed to "use all proceeds of this Loan solely as

                working capital to alleviate economic injury caused by the disaster

                occurring in the month of January 31 , 2020 and continuing thereafter

                and to pay Un iform Commercial Code (UCC) lien filing fees and a

                third-party UCC handling charge of $100 which will be deducted from

                the Loan amount";

            f. In fact, defendant LAIN had always intended to , and did , use the EIDL

                proceeds for other purposes not authorized by the CARES Act; and

            g. As a result of these 70 fraudulent EIDL applications, LLCs controlled

                by defendant LAIN received $3 ,830,400 in EIDL proceeds and

               $336 ,000 in Economic Injury Disaster Grant (EIDG) proceeds .




                                           3
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 Execution of the Scheme

        3.      For the purpose of executing the Scheme described in paragraphs 1a.

 through 1g . above, defendant LAIN caused to be transmitted the following interstate

 wire communication pertaining to an EIDL that defendant LAIN applied for on behalf of

 Ramnauxtly PMB 304 , LLC: on or about June 26 , 2020 , the SBA in Denver, Colorado

 created and certified the payment file for a loan to Ramnauxtly PMB 304 , LLC and

 transmitted it via interstate wire communication from Colorado to the U.S. Treasury

 processing site located in the Kansas City Regional Operations Center in Kansas City,

 Missouri.

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

                                    Forfeiture Allegation

        4.     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) .

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

 involving a violation of 18 U.S.C. § 1343, defendant MICHAEL LAIN 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.




                                               4
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        6.      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 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.

                                             MATT                     ----
                                             AGTI
                                                   )
                                                                e
                                            Assistant United States Attorney
                                            1801 California Street, Suite 1600
                                            Denver, CO 80202
                                            Phone : (303) 454-0100
                                            Fax: (303) 454-0402
                                            pegeen .rhyne@usdoj .gov

                                            s/ Patricia Davies
                                            By: Patricia Davies
                                            Assistant United States Attorney
                                            1801 California Street, Suite 1600
                                            Denver, CO 80202
                                            Phone : (303) 454-0100
                                            Fax: (303) 454-0402
                                            patricia. davies@usdoj .gov


                                               5


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