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Information — United States v. Creed White, Middle District of Pennsylvania (Document 1)

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An Information in United States of America v. Creed White, No. 1:23-CR-303, in the U.S. District Court for the Middle District of Pennsylvania, Document 1, filed 11/29/23 in Case 1:23-cr-00303-JPW. Count 1 charges Conspiracy to Commit Wire Fraud under 18 U.S.C. § 1349, and Count 2 charges Money Laundering under 18 U.S.C. § 1957(a). The Information alleges that Creed White filed and caused others to file more than 120 applications for PPP loans and EIDLs on behalf of non-operational businesses, of which 42 were approved for more than $11,500,000. Count 2 alleges a transfer of $225,000 on or about August 7, 2020. It also contains a forfeiture allegation.

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“Information — United States v. Creed White, Middle District of Pennsylvania (Document 1).” Original at ecf.pamd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/information-usa-v-white-dkt-1-81e14a49aa/, SHA-256 7f131b69e84f6088d36a5c3f09fe3acedaaa6c9234b966ce222dfdb53936f73c.

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     Case 1:23-cr-00303-JPW    Document 1   Filed 11/29/23   Page 1 of 13




                UNITED STATES DISTRICT COURT
               MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA                       :     No. 1:23-CR-303
                                               :
                 v.                            :     (JUDGE Kane            )
                                               :
CREED WHITE,                                   :
            Defendant.                         :

                         INFORMATION

THE UNITED STATES ATTORNEY CHARGES:

                               COUNT 1
                           18 U.S.C. § 1349
                  (Conspiracy to Commit Wire Fraud)

                          I.     BACKGROUND

     At times material to this Information:

                      RELEVANT INDIVIDUALS

     1.    Defendant Creed White owned and operated an aluminum

smelting and processing business in Yoe, York County, Pennsylvania

called Aluminum Alloys Mfg, LLC (“Aluminum Alloys”).

     2.    Employee #1 was an employee of Aluminum Alloys and was

primarily responsible for service and sales.

     3.    Employee #2 was an employee of Aluminum Alloys and was

primarily responsible for bookkeeping and accounting services.
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     4.    Employee #3 lived on the premises at Aluminum Alloys and

was employed by or provided various services to Aluminum Alloys at

Creed White’s direction.

     5.    In addition to Aluminum Alloys, Creed White owned or

controlled 18 other corporate entities, none of which had employees or

business operations. These dormant, non-operational entities included:

Aluminum Alloy Transportation & Repair LLC; American Scrap LLC;

Atlantic Coast Aluminum Inc.; Atlantic Coast Aluminum LLC; Busche

Alum Tech LLC; Gettysburg Foundry Specialties Corp.; Hanover

Resource Recovery Corp.; House of Windsor LLC; Linamar USA, LLC;

Mahoney Foundries LLC; Moran Materials Recycling Inc.; Pinnacle

Cores LLC; Scrap Transport LLC; Tap Enterprises LLC; Tape

Enterprises American Aluminum Alloys LLC; Tristate Commodities

LLC; Waynesboro Recycling LLC; and White Metal Recycling Company

LLC (collectively, “the Non-Operational Businesses”).

             THE PAYCHECK PROTECTION PROGRAM

     6.    The Paycheck Protection Program (PPP) was a COVID-19

pandemic relief program administered by the Small Business

Administration (SBA), which provided forgivable loans to small


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businesses for job retention and certain other expenses. The PPP

permitted participating third-party lenders to approve and disburse

SBA-backed PPP loans to cover payroll, fixed debts, utilities,

rent/mortgage obligations, accounts payable, and other bills incurred by

qualifying businesses during, and resulting from, the COVID-19

pandemic. PPP loans were fully guaranteed by the SBA.

     7.    To obtain a PPP loan, a qualifying business had to submit a

PPP loan application, which was signed by an authorized

representative of the business. The PPP loan application required the

business (through its authorized representative) to acknowledge the

program rules and make certain affirmative certifications to be eligible

to obtain a PPP loan. These certifications included that the business

was in operation and either had employees for whom it paid salaries

and payroll taxes, or paid independent contractors. A business applying

for a PPP loan was required to provide documentation to demonstrate

its payroll expenses, such as filed federal income tax documents. The

applicant for a PPP loan was required to certify that the information

included as part of the application was true and correct and




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acknowledged that false or fraudulent representations could subject the

applicant to prosecution.

     8.    PPP loan applications were completed, signed, and

submitted or caused to be submitted electronically by the borrower.

The applications were received through SBA servers located in Virginia

and Oregon. Once approved, the business received the PPP loan

proceeds via an electronic funds transfer from the third-party lender to

a financial account under the control of the borrower business.

     9.    As noted, the proceeds of a PPP loan could be used only for

specific purposes, including payroll costs, costs related to continuation

of group healthcare benefits, or mortgage interest payments. The

proceeds of a PPP loan were not permitted to be used by borrowers to

purchase real property or make capital improvements. The loan

proceeds were also not permitted to be used to purchase consumer

goods, automobiles, or to fund the borrower’s ordinary day-to-day living

expenses unrelated to the specific authorized expenses.

       THE ECONOMIC INJURY DISASTER LOAN PROGRAM

     10.   The Economic Injury Disaster Loan (EIDL) Program was an

existing disaster-related program that was expanded by the

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Coronavirus Aid, Relief, and Economic Security (“CARES”) Act of

March 2020. The EIDL program was administered by the SBA and

provided low-interest financing (including forgivable advances of up to

$10,000) to small businesses and other eligible entities experiencing

substantial financial disruption resulting from the COVID-19

pandemic.

     11.    To obtain an EIDL, a qualifying business was required to

submit an application directly to the SBA and provide information

about the business’s operations, such as the number of employees, gross

revenues for the 12-month period preceding the disaster, and cost of

goods sold in the same 12-month period. In the case of EIDLs for

COVID-19 relief, the 12-month period was January 31, 2019, to

January 31, 2020. The applicant was also required to certify that all

the information in the application was true and correct to the best of the

applicant’s knowledge.

     12.    EIDL applications were submitted directly to the SBA via an

online portal and processed by the agency with support from a

government contractor. If the application was approved, the amount of

the loan was based, in part, on the information the applicant provided

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about employment, revenue, and costs of goods sold. Any funds issued

as part of an EIDL came directly from the United States Treasury.

     13.   EIDL applications were received and processed using

computer servers located in the states of Iowa, Virginia, and

Washington. EIDL disbursements were initiated by the SBA using

computer servers located in the state of Colorado, which transmitted

the payment information to the United States Treasury using computer

servers located in the state of Virginia.

     14.   EIDL proceeds could be used only to pay fixed debts, payroll,

accounts payable, and other bills that could have been paid had the

disaster not occurred; however, such loan proceeds were not intended to

replace lost sales or profits or for expansion of a business.

                    II.   STATUTORY ALLEGATION

     15.   Paragraphs 1 through 14 are incorporated here.

     16.   Beginning in or about March 2020, and continuing through

in or about September 2022, in the Middle District of Pennsylvania, and

elsewhere, the defendant,




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                               CREED WHITE,

knowingly and unlawfully combined, conspired, confederated and

agreed with Employee #1, Employee #2, Employee #3, and other

persons known and unknown to the United States Attorney, to

knowingly devise, and intend to devise, a scheme and artifice to defraud

the United States, and to obtain money and property by means of

materially false and fraudulent pretenses, representations, and

promises, and for the purpose of executing the scheme and artifice to

defraud, and attempting to do so, transmitted and caused to be

transmitted by means of wire communication in interstate commerce

writings, signs, signals, pictures and sounds, in violation of Title 18,

United States Code, Section 1343.

                      III.     MANNER AND MEANS

     The conspiracy was accomplished, in part, by the following

manner and means:

     17.   It was part of the conspiracy that Creed White filed and

caused others to file, by means of the internet and interstate wires,

more than 120 applications for PPP loans and EIDLs with third-party

intermediary lenders and the SBA on behalf of the Non-Operational


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Businesses. Of these applications, 42 PPP loan and EIDL applications

were approved, for more than $11,500,000 in funds that were

transferred by interstate wire into accounts that Creed White owned or

controlled.

     18.      It was further part of the conspiracy that Creed White made

and caused others to make, by means of the internet and interstate

wires, material misrepresentations in the PPP loan applications filed

with third-party intermediary lenders and FDIC-insured financial

institutions, and in the EIDL applications filed with the SBA.

     19.      For example, the PPP and EIDL applications Creed White

and his co-conspirators submitted and caused to be submitted included

material misrepresentations that the individuals listed as applicants on

the loan applications owned, controlled, or operated the Non-

Operational Businesses, when in fact they did not. The applications

also included material misrepresentations that the Non-Operational

Businesses under Creed White’s control had actual business operations,

when in fact they did not.

     20.      As further example, Creed White and his co-conspirators

caused the PPP loan and EIDL applications to include material

misrepresentations and false supporting documents, including false
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     Case 1:23-cr-00303-JPW   Document 1   Filed 11/29/23   Page 9 of 13




information attesting to the number of employees purported to be

employed by the Non-Operational Businesses, fabricated bank and

other financial statements that Creed White and his co-conspirators

created to give the appearance that they were legitimate business

records, and false payroll information.

     21.   The applications further included material

misrepresentations and certifications that the PPP and EIDL funds

would be used for payroll costs, business-related purposes, and other

authorized expenditures, when Creed White and his co-conspirators

knew that they would not use the funds for those purposes.

     22.   It was further part of the conspiracy that Creed White and

his co-conspirators created, caused to be created, sent, and caused

others to send, by means of the internet and interstate wires, forged

documents to third-party intermediary lenders and FDIC-insured

financial institutions, in support of PPP loan applications, and to the

SBA in support of EIDL applications.

     23.   For example, Creed White and his co-conspirators created,

caused to be created, sent, and caused others to send, forged and

falsified Internal Revenue Service documents, including Forms 941


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federal employment tax documents. Those forged and falsified IRS

documents contained material misrepresentations, including false

employee headcount information, fabricated information concerning

employee wages paid, taxes withheld, taxes remitted to the IRS,

income, gross receipts, costs of goods sold, and business expenses.

Moreover, the forged and falsified IRS documents were represented as

having been filed with the IRS, when in fact they were not.

     24.   It was further part of the conspiracy that Creed White and

his co-conspirators caused the proceeds of fraudulently obtained PPP

loans and EIDLs to be deposited, by means of interstate wires, into

bank accounts in Creed White’s name or under his control.

     25.   It was further part of the conspiracy that Creed White

transferred and caused others to transfer the proceeds of fraudulently

obtained PPP loans and EIDLs, by means of the internet and interstate

wires.

     26.   It was further part of the conspiracy that Creed White used

and caused others to use the proceeds of fraudulently obtained PPP and

EIDL funds for impermissible purposes, including to make capital

improvements to Aluminum Alloys, to purchase business vehicles and


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other heavy equipment, to pay off business debts (including a mortgage

on a building), to purchase aluminum scrap, and to make other

unauthorized expenditures for his benefit and the benefit of his

businesses.

      All in violation of Title 18, United States Code, Section 1349.

                                COUNT 2
                            18 U.S.C. § 1957(a)
                           (Money Laundering)

      27.   On or about August 7, 2020, in the Middle District of

Pennsylvania and elsewhere, the defendant,

                               CREED WHITE,

did knowingly engage in a monetary transaction in criminally derived

property of a value greater than $10,000, and which in fact was derived

from specified unlawful activity, namely the defendant transferred

$225,000 from Citizens Bank account ending in x-6177 to Citizens Bank

account ending in x-2125, using funds that were obtained by wire fraud.

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

                      FORFEITURE ALLEGATION

     1.     The allegations contained in Counts 1 and 2 of this

Information are hereby realleged and incorporated by reference for the


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purpose of alleging forfeiture pursuant to Title 18, United States Code,

Sections 981 and 982, and Title 28 United States Code, Section 2461(c).

     2.    Upon conviction of the offenses in violation of Title 18, United

States Code, Sections, 1349 and 1957, the defendant,

                               CREED WHITE,

shall forfeit to the United States of America, pursuant to Title 18, United

States Code, Sections 981 and 982, and Title 28 United States Code,

Section 2461(c), any property, real or personal, which constitutes or is

derived from proceeds traceable to the offenses, and any property, real or

personal, involved in such offenses, or any property traceable to such

property, including but not limited to:

           a. a Kubota RTV with plow, Model RTVX1100, bearing serial

              number 28713;

           b. a Kenworth Hook Lift, Model T270 (year: 2013), bearing

              VIN 2NKHHM6XXDM348547;

           c. approximately $550,107.51 in funds seized from the account

              in the name of Aluminum Alloys, LLC, at First National

              Bank, ending in -9411, on or about August 31, 2022; and

           d. approximately $1,795.00 in funds seized from the account in

              the name of Aluminum Alloys, LLC, at First National Bank,
                                 12
    Case 1:23-cr-00303-JPW    Document 1      Filed 11/29/23   Page 13 of 13




              ending in -9411, on or about August 31,2022.

      3. Ifany ofthe property described above, as a result ofany act or
omission of the defendant:

           a. cannot be located upon the exercise ofdue diligencei

           b. has been transferred or sold to, or deposited with, a third

              partyi

           c. has been placed beyond the jurisdiction ofthe courti

           d. has been substantially diminished in valuei or

           e. has been commingled with other property which cannot be

              divided without difficulty,

the United States of America shall be entitled to forfeiture of substitute

property pursuant to Title 21, United States Code, Section 853(p), as

incorporated by Title 28, United States Code, Section 2461(c).

     All pursuant to Title 18, United States Code, Section gS1(a)(l)(C).

Title 28. United States Code, Section 2467G), and Titte 18, United States

Code, Section 982.

GERARD M. KARAM
United States Attorney
   &.2*t,                                    tt lu fz,zS
CHRISTIAN T. HAU BY                         Date
Assistant United States Attorney

                                     13


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