United States v. Keevin Antonio Jones — Plea Agreement, Middle District of Florida (Document 4)

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A plea agreement filed January 13, 2026 as Document 4 in United States v. Keevin Antonio Jones, Case 6:26-cr-00008-JA-RMN, in the U.S. District Court for the Middle District of Florida, Orlando Division, between the United States, by United States Attorney Gregory W. Kehoe, and the defendant, represented by Fritz Scheller. The defendant agrees to plead guilty to Count One of the Information, wire fraud under 18 U.S.C. § 1343, which carries a maximum of 20 years' imprisonment, and to pay restitution of $29,610 to the U.S. Small Business Administration and forfeit $29,610 in proceeds. The factual basis states the defendant certified on a PPP application an average monthly payroll of $7,844 for a food truck business, supported by a Schedule C claiming $98,741 in gross profit for 2019, and that Cross River Bank transmitted $19,610 on or about July 8, 2020.

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Case 6:26-cr-00008-JA-RMN Document4 Filed 01/13/26 Page 1 of 20 PagelD 33 -

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION
UNITED STATES OF AMERICA
KEEVIN ANTONIO JONES

PLEA AGREEMENT
Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by Gregory
W. Kehoe, United States Attorney for the Middle District of Florida, and the
defendant, Keevin Antonio Jones, and the attorney for the defendant, Fritz Scheller,
Esq., mutually agree as follows:

A. Particularized Terms

i. Count(s) Pleading To

The defendant shall enter a plea of guilty to Count One of the
Information. Count One charges the defendant with Wire Fraud, in violation of 18

U.S.C. § 1343.

2. Maximum Penalties

Count One carries a maximum sentence of 20 years’ imprisonment, a
fine of $250,000, or twice the gross gain or loss caused by the offense, whichever is
greater, a term of supervised release of not more than three years, and a special
assessment of $100 per felony count. With respect to certain offenses, the Court shall

order the defendant to make restitution to any victim of the offenses.

A
Defendant’s Initials
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3. Elements of the Offense(s)

The defendant acknowledges understanding the nature and elements of
the offense(s) with which defendant has been charged and to which defendant is
pleading guilty. The elements of Count One are:

First: the defendant knowingly devised or participated in a
scheme to defraud, or to obtain money or property by

using false pretenses, representations, or promises;

Second: the false pretenses, representations, or promises were
about a material fact;

Third: the defendant acted with the intent to defraud; and
Fourth: the defendant transmitted or caused to be transmitted by
wire or radio some communication in interstate

commerce to help carry out the scheme to defraud.

4. Indictment Waiver

Defendant will waive the right to be charged by way of indictment
before a federal grand jury.
a: No Further Charges
If the Court accepts this plea agreement, the United States Attorney's
Office for the Middle District of Florida agrees not to charge defendant with
committing any other federal criminal offenses known to the United States
Attorney's Office at the time of the execution of this agreement, related to the

conduct giving rise to this plea agreement.

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6. Mandatory Restitution to Victim of Offense of Conviction

Pursuant to 18 U.S.C. § 18 U.S.C. §§ 3663A and 3663(a) and (b),
defendant agrees to make full restitution to the U.S. Small Business Administration
in the amount of $29,610.

ds Acceptance of Responsibility - Three Levels

At the time of sentencing, and in the event that no adverse information
is received suggesting such a recommendation to be unwarranted, the United States
will recommend to the Court that the defendant receive a two-level downward
adjustment for acceptance of responsibility, pursuant to USSG § 3E1.1(a). The
defendant understands that this recommendation or request is not binding on the
Court, and if not accepted by the Court, the defendant will not be allowed to
withdraw from the plea.

Further, at the time of sentencing, if the defendant's offense level prior
to operation of subsection (a) is level 16 or greater, and if the defendant complies
with the provisions of USSG § 3E1.1(b) and all terms of this Plea Agreement,
including but not limited to, the timely submission of the financial affidavit
referenced in Paragraph B.5., the United States agrees to file a motion pursuant to
USSG § 3E1.1(b) for a downward adjustment of one additional level. The defendant
understands that the determination as to whether the defendant has qualified for a
downward adjustment of a third level for acceptance of responsibility rests solely

with the United States Attorney for the Middle District of Florida, and the defendant

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agrees that the defendant cannot and will not challenge that determination, whether
by appeal, collateral attack, or otherwise.

8. Forfeiture of Assets

The defendant agrees to forfeit to the United States immediately and
voluntarily any and all assets and property, or portions thereof, subject to forfeiture,
pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), whether in the
possession or control of the United States, the defendant or defendant's nominees.
The assets to be forfeited specifically include, but are not limited to, the $29,610 in
proceeds the defendant admits he obtained as the result of the commission of the
offense(s) to which the defendant is pleading guilty. The defendant acknowledges
and agrees that: (1) the defendant obtained this amount as a result of the
commission of the offense(s), and (2) as a result of the acts and omissions of the
defendant, the proceeds have been transferred to third parties and cannot be located
by the United States upon the exercise of due diligence. Therefore, the defendant
agrees that, pursuant to 21 U.S.C. § 853(p), the United States is entitled to forfeit any
other property of the defendant (substitute assets), up to the amount of proceeds the
defendant obtained, as the result of the offense(s) of conviction. The defendant
further consents to, and agrees not to oppose, any motion for substitute assets filed
by the United States up to the amount of proceeds obtained from commission of the
offense(s) and consents to the entry of the forfeiture order into the Treasury Offset
Program. The defendant agrees that forfeiture of substitute assets as authorized
herein shall not be deemed an alteration of the defendant's sentence.

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The defendant additionally agrees that since the criminal proceeds have
been transferred to third parties and cannot be located by the United States upon the
exercise of due diligence, the preliminary and final orders of forfeiture should
authorize the United States Attorney’s Office to conduct discovery (including
depositions, interrogatories, requests for production of documents, and the issuance
of subpoenas), pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal
Procedure, to help identify, locate, and forfeit substitute assets.

The defendant also agrees to waive all constitutional, statutory, and
procedural challenges (including direct appeal, habeas corpus, or any other means) to
any forfeiture carried out in accordance with this Plea Agreement on any grounds,
including that the forfeiture described herein constitutes an excessive fine, was not
properly noticed in the charging instrument, addressed by the Court at the time of
the guilty plea, announced at sentencing, or incorporated into the judgment.

The defendant admits and agrees that the conduct described in the
Factual Basis below provides a sufficient factual and statutory basis for the forfeiture
of the property sought by the government. Pursuant to Rule 32.2(b)(4), the
defendant agrees that the preliminary order of forfeiture will satisfy the notice
requirement and will be final as to the defendant at the time it is entered. In the
event the forfeiture is omitted from the judgment, the defendant agrees that the
forfeiture order may be incorporated into the written judgment at any time pursuant

to Rule 36.

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The defendant agrees to take all steps necessary to identify and locate
all substitute assets and to transfer custody of such assets to the United States before
the defendant’s sentencing. To that end, the defendant agrees to make a full and
complete disclosure of all assets over which defendant exercises control, including all
assets held by nominees, to execute any documents requested by the United States to
obtain from any other parties by lawful means any records of assets owned by the
defendant, and to consent to the release of the defendant’s tax returns for the
previous five years. The defendant agrees to be interviewed by the government, prior
to and after sentencing, regarding such assets. The defendant further agrees to be
polygraphed on the issue of assets, if it is deemed necessary by the United States.
The defendant agrees that Federal Rule of Criminal Procedure 11 and USSG § 1B1.8
will not protect from forfeiture assets disclosed by the defendant as part of the
defendant’s cooperation.

The defendant agrees to take all steps necessary to assist the
government in obtaining clear title to any substitute assets before the defendant’s
sentencing. In addition to providing full and complete information about substitute
assets, these steps include, but are not limited to, the surrender of title, the signing of
a consent decree of forfeiture, and signing of any other documents necessary to
effectuate such transfers.

Forfeiture of the defendant's assets shall not be treated as satisfaction of
any fine, restitution, cost of imprisonment, or any other penalty the Court may

impose upon the defendant in addition to forfeiture.

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The defendant agrees that, in the event the Court determines that the
defendant has breached this section of the Plea Agreement, the defendant may be
found ineligible for a reduction in the Guidelines calculation for acceptance of
responsibility and substantial assistance, and may be eligible for an obstruction of
justice enhancement.

The defendant agrees that the forfeiture provisions of this plea
agreement are intended to, and will, survive the defendant, notwithstanding the
abatement of any underlying criminal conviction after the execution of this
agreement. The forfeitability of any particular property pursuant to this agreement
shall be determined as if the defendant had survived, and that determination shall be
binding upon defendant’s heirs, successors and assigns until the agreed forfeiture,
including the forfeiture of any substitute assets, is final.

B. Standard Terms and Conditions

Li. Restitution, Special Assessment and Fine

The defendant understands and agrees that the Court, in addition to or
in lieu of any other penalty, shall order the defendant to make restitution to any
victim of the offense(s), pursuant to 18 U.S.C. § 3663A, for all offenses described in
18 U.S.C. § 3663A(c)(1); and the Court may order the defendant to make restitution
to any victim of the offense(s), pursuant to 18 U.S.C. § 3663, including restitution as
to all counts charged, whether or not the defendant enters a plea of guilty to such
counts, and whether or not such counts are dismissed pursuant to this agreement.

The defendant further understands that compliance with any restitution payment

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plan imposed by the Court in no way precludes the United States from
simultaneously pursuing other statutory remedies for collecting restitution (28 U.S.C.
§ 3003(b)(2)), including, but not limited to, garnishment and execution, pursuant to
the Mandatory Victims Restitution Act, in order to ensure that the defendant’s
restitution obligation is satisfied.
On each count to which a plea of guilty is entered, the Court shall impose a special
assessment pursuant to 18 U.S.C. § 3013. To ensure that this obligation is satisfied,
the Defendant agrees to deliver a cashier’s check, certified check, or money order to
the Clerk of the Court in the amount of $200.00, payable to “Clerk, U.S. District
Court” within ten days of the change of plea hearing. The defendant understands
that this agreement imposes no limitation as to fine.
2: Supervised Release
The defendant understands that the offense(s) to which the defendant is
pleading provide(s) for imposition of a term of supervised release upon release from
imprisonment, and that, if the defendant should violate the conditions of release, the
defendant would be subject to a further term of imprisonment.
3: Immigration Consequences of Pleading Guilty
The defendant has been advised and understands that, upon conviction,
a defendant who is not a United States citizen may be removed from the United

States, denied citizenship, and denied admission to the United States in the future.

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4, Sentencing Information

The United States reserves its right and obligation to report to the Court
and the United States Probation Office all information concerning the background,
character, and conduct of the defendant, to provide relevant factual information,
including the totality of the defendant's criminal activities, if any, not limited to the
count(s) to which defendant pleads, to respond to comments made by the defendant
or defendant's counsel, and to correct any misstatements or inaccuracies. The
United States further reserves its right to make any recommendations it deems
appropriate regarding the disposition of this case, subject to any limitations set forth
herein, if any.

a. Financial Disclosures

Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P. 32(d)(2)(A)(i),
the defendant agrees to complete and submit to the United States Attorney's Office
within 30 days of execution of this agreement an affidavit reflecting the defendant's
financial condition. The defendant promises that his financial statement and
disclosures will be complete, accurate and truthful and will include all assets in
which he has any interest or over which the defendant exercises control, directly or
indirectly, including those held by a spouse, dependent, nominee or other third party.
The defendant further agrees to execute any documents requested by the United
States needed to obtain from any third parties any records of assets owned by the
defendant, directly or through a nominee, and, by the execution of this Plea

Agreement, consents to the release of the defendant's tax returns for the previous five

AA

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years. The defendant similarly agrees and authorizes the United States Attorney's
Office to provide to, and obtain from, the United States Probation Office, the
financial affidavit, any of the defendant's federal, state, and local tax returns, bank
records and any other financial information concerning the defendant, for the
purpose of making any recommendations to the Court and for collecting any
assessments, fines, restitution, or forfeiture ordered by the Court. The defendant
expressly authorizes the United States Attorney's Office to obtain current credit
reports in order to evaluate the defendant's ability to satisfy any financial obligation
imposed by the Court.
6. Sentencing Recommendations

It is understood by the parties that the Court is neither a party to nor
bound by this agreement. The Court may accept or reject the agreement, or defer a
decision until it has had an opportunity to consider the presentence report prepared
by the United States Probation Office. The defendant understands and
acknowledges that, although the parties are permitted to make recommendations and
present arguments to the Court, the sentence will be determined solely by the Court,
with the assistance of the United States Probation Office. Defendant further
understands and acknowledges that any discussions between defendant or
defendant's attorney and the attorney or other agents for the government regarding
any recommendations by the government are not binding on the Court and that,
should any recommendations be rejected, defendant will not be permitted to

withdraw defendant's plea pursuant to this plea agreement. The government

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expressly reserves the right to support and defend any decision that the Court may
make with regard to the defendant's sentence, whether or not such decision is
consistent with the government's recommendations contained herein.
7 Defendant's Waiver of Right to Appeal the Sentence

The defendant agrees that this Court has jurisdiction and authority to
impose any sentence up to the statutory maximum and expressly waives the right to
appeal defendant's sentence on any ground, including the ground that the Court
erred in determining the applicable guidelines range pursuant to the United States
Sentencing Guidelines, except (a) the ground that the sentence exceeds the
defendant's applicable guidelines range as determined by the Court pursuant to the
United States Sentencing Guidelines; (b) the ground that the sentence exceeds the
statutory maximum penalty; or (c) the ground that the sentence violates the Eighth
Amendment to the Constitution; provided, however, that if the government exercises
its right to appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then
the defendant is released from his waiver and may appeal the sentence as authorized
by 18 U.S.C. § 3742(a).

8. Middle District of Florida Agreement

It is further understood that this agreement is limited to the Office of the
United States Attorney for the Middle District of Florida and cannot bind other
federal, state, or local prosecuting authorities, although this office will bring
defendant's cooperation, if any, to the attention of other prosecuting officers or

others, if requested.

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9. Filing of Agreement

This agreement shall be presented to the Court, in open court or in
camera, in whole or in part, upon a showing of good cause, and filed in this cause, at
the time of defendant's entry of a plea of guilty pursuant hereto.

The defendant acknowledges that defendant is entering into this
agreement and is pleading guilty freely and voluntarily without reliance upon any
discussions between the attorney for the government and the defendant and
defendant's attorney and without promise of benefit of any kind (other than the
concessions contained herein), and without threats, force, intimidation, or coercion
of any kind. The defendant further acknowledges defendant's understanding of the
nature of the offense or offenses to which defendant is pleading guilty and the
elements thereof, including the penalties provided by law, and defendant's complete
satisfaction with the representation and advice received from defendant's
undersigned counsel (if any). The defendant also understands that defendant has the
right to plead not guilty or to persist in that plea if it has already been made, and that
defendant has the right to be tried by a jury with the assistance of counsel, the right
to confront and cross-examine the witnesses against defendant, the right against
compulsory self-incrimination, and the right to compulsory process for the
attendance of witnesses to testify in defendant's defense; but, by pleading guilty,
defendant waives or gives up those rights and there will be no trial. The defendant

further understands that if defendant pleads guilty, the Court may ask defendant

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questions about the offense or offenses to which defendant pleaded, and if defendant
answers those questions under oath, on the record, and in the presence of counsel (if
any), defendant's answers may later be used against defendant in a prosecution for
perjury or false statement. The defendant also understands that defendant will be
adjudicated guilty of the offenses to which defendant has pleaded and, if any of such
offenses are felonies, may thereby be deprived of certain rights, such as the right to
vote, to hold public office, to serve on a jury, or to have possession of firearms.
11. Factual Basis
Defendant is pleading guilty because defendant is in fact guilty. The
defendant certifies that defendant does hereby admit that the facts set forth in the
attached "Factual Basis," which is incorporated herein by reference, are true, and
were this case to go to trial, the United States would be able to prove those specific
facts and others beyond a reasonable doubt.
12. Entire Agreement
This plea agreement constitutes the entire agreement between the
government and the defendant with respect to the aforementioned guilty plea and no
other promises, agreements, or representations exist or have been made to the

defendant or defendant's attorney with regard to such guilty plea.

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Case 6:26-cr-O0008-JA-RMN Document 4

13. Certification

Filed 01/13/26 Page 14 of 20 PagelD 46

The defendant and defendant's counsel certify that this plea agreement

has been read in its entirety by (or has been read to) the defendant and that defendant

fully understands its terms.

DATED this DP say of

az

Jaw

Keevin! Antoni

Jones

Attorn

Fritz Scheller, Esq.
y for Defendant

Defendant’s Initials 1G |

GREGORY W. KEHOE
United States Attorney

£2 >
Richard Varadan
Assistant United States Attorney

14

Assistant United States Attorney
Deputy Chief, Orlando Division
Case 6:26-cr-00008-JA-RMN Document4_ Filed 01/13/26 Page 15 of 20 PagelD 47

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA
V. CASE NO. 6:25-cr-
KEEVIN ANTONIO JONES

PERSONALIZATION OF ELEMENTS

Count One:
On or about July 8, 2020, in the Middle District of Florida and elsewhere,
First: Did you knowingly devise or participate in a

scheme to defraud, or to obtain money or property, by
using false pretenses, representations, or promises?

Second: Were the false pretenses, representations, or promises
about a material fact?

Third: Did you act with the intent to defraud?
Fourth: Did you transmit or cause to be transmitted by

wire or radio some communication in interstate
commerce to help carry out the scheme to defraud?

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
Vv. CASE NO. 6:25-cr-
KEEVIN ANTONIO JONES

FACTUAL BASI

Background on CARES Act

In March 2020, the Coronavirus Aid, Relief, and Economic Security Act, or
the “CARES Act,” was enacted to provide immediate assistance to individuals,
families, and organizations affected by the COVID-19 emergency. Among its
various provisions, the CARES Act authorized the SBA to guarantee loans under the
Paycheck Protection Program (“PPP”), and the full principal amount of the loans
could qualify for forgiveness. Borrowers were required to use PPP loan proceeds
only for enumerated purposes, including payroll costs, rent and utilities, and
mortgage interest payments.

Under the PPP, the loan amount for qualifying small businesses was
calculated using a payroll-based formula specified in the CARES Act. The payroll-
based formula considered the borrower’s total payroll costs from the preceding
twelve months for all domestic employees. Once an average monthly payroll cost
was established, the borrower would multiply that figure by 2.5 to arrive at a total

maximum PPP loan amount. To apply for a PPP loan, a potential borrower

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electronically submitted an SBA Form 2483 with supporting payroll documentation
to a financial institution that would administer the loan and serve as custodian of the
funds.

Further provisions of the CARES Act, in conjunction with an officially
declared disaster by the United States Government, allowed the SBA to offer
Economic Injury Disaster Loan (“EIDL”) funding to business owners negatively
affected by the COVID-19 pandemic. Using the SBA online portal, EIDL applicants
submitted personal and business information in support of each EIDL application.
The application process involved filling out assorted data fields relating to the size of
the affected business entity, the ownership of the business, and other information
such as the number of employees and gross business revenues realized in the 12
months prior to COVID-19’s impact on the national economy. This information
furnished by the applicant was then used by SBA application evaluation systems to
calculate the principal amount of money the small business was eligible to receive in
the form of an EIDL.

PPP and EIDL Loan Fraud by JONES

Between on or about June 10, 2020, and July 22, 2021, Keevin Antonio
JONES, submitted to the SBA and other lenders at least four different applications
for PPP or EIDL loans for businesses purportedly controlled by JONES. These

applications included the following:

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1. Application submitted by JONES to Celtic Bank via Block (formerly Square)
on June 10, 2020, as a sole proprietor, for a PPP loan. In this application,
JONES applied for $19,373.86 but his application was denied.

2. Application submitted by JONES to the SBA on June 29, 2020, as a sole
proprietor, for an EIDL loan. In this application, JONES attempted to claim
$39,300.00, received a $10,000 cash advance, but was ultimately denied the
remining $29,000.

3. Application submitted by JONES to Cross River Bank on July 6, 2020, as a
sole proprietor, fora PPP loan. In this application, JONES applied for and
received $19,610.

4. Application submitted by JONES to the SBA on July 22, 2021, using the
business name Smackers_407, LLC, for an EIDL loan. The application was
denied before JONES could attempt to claim a dollar amount.

Each of these four loan applications contained material misstatements about
the businesses on behalf of which JONES purported to be seeking the loans. For
instance, in the sole-proprietorship applications, JONES fabricated the yearly and
monthly gross revenue as well as the years in which the businesses had been
operating. Similarly, in the Smackers_407, LLC application, JONES made false
representations regarding the businesses’ number of employees, gross revenue, and
years in which the business had been operating. Based on the information JONES
provided in his applications, the SBA and Cross River Bank issued EIDL and PPP

loans to JONES.

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In total, JONES attempted to claim $78,283.86 in EIDL and PPP loans but
only received $29,610. JONES used the loan proceeds for his own personal
enrichment.

Count One

One of the fraudulent PPP loan applications submitted by JONES was an
application that he prepared and submitted to Cross River Bank between on or about
July 1, 2020 and July 6, 2020, as a sole proprietor. JONES submitted this
application from the Middle District of Florida, and Cross River Bank is located in
New Jersey. At the time that JONES submitted the loan application, JONES’ sole
source of income was as a Correctional Officer with the Bureau of Prisons (BOP).
JONES did not earn business income or pay taxes on business income in 2017, 2018,
2019, or the first two quarters of 2020.

JONES falsely and fraudulently certified in the loan application that as of July
6, 2020, JONES had operated as a sole proprietor since at least February 15, 2020,
and had an average monthly payroll of $7,844. JONES supported his application
with a purported Form 1040 Schedule C tax form listing his business as “FOOD
TRUCK” and stating that he had made $98,741 in gross profit during tax year 2019.
During this time frame, as demonstrated by a lack of wage and hour records, activity
within JONES’ bank accounts, and financial disclosures he was required to make as
a BOP employee, JONES sole source of income came from his employment with the

BOP.

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JONES’ false representations and fake supporting documentation caused
Cross River Bank to approve the PPP application. On or about July 8, 2020, Cross
River Bank transmitted $19,610 in PPP funds into a SunTrust Bank account ending
in 6211 controlled by JONES in the Middle District of Florida. This transfer
involved the use of servers in New Jersey to transfer the funds to JONES in Florida
and thus constituted an interstate wire. JONES then used these funds for his own
personal enrichment, such as multiple cash withdrawals, Cash App transfers,
restaurants, and retail purchases.

The above is merely a summary of some of the events, some of the persons
involved, and other information relating to this case. It does not include, nor is it
intended to include, all the events, persons involved, or other information relating to

this case.

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