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Complaint — United States v. Bryan Robinson, No. 2:20-mj-00766-EJY (District of Nevada)

Summary

A complaint in United States of America v. Bryan Robinson, Case No. 2:20-mj-00766-EJY, in the U.S. District Court for the District of Nevada, stamped filed August 27, 2020 and labeled a sealed complaint for wire fraud (18 U.S.C. § 1343). Count One alleges that on or about June 11, 2020 Robinson transmitted an interstate wire transfer of $1,502,270 from Bank 2 to an account controlled by Robinson at Bank 1. In the probable cause statement, FBI Special Agent Allison Coffey states that Robinson, through ATeam LV, LLC, obtained an Economic Injury Disaster Relief Loan of $159,900 and a Paycheck Protection Program loan of $1,502,270. The statement says the loan application dated June 9, 2020 claimed 37 employees and an average monthly payroll of $600,908.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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Row094 1115566 Bryan Robinson
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Row094 1115566 Bryan Robinson

Cite this document

“Complaint — United States v. Bryan Robinson, No. 2:20-mj-00766-EJY (District of Nevada).” Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/row094-1115566-bryan-robinson/, SHA-256 d351d855d47df59de5c2710e199e64cc4a7149a1531729895b83e9213e09bbe5.

Full text

                                                                       FILED
                                                                       August 27, 2020
                                                                 Date:____________
                                                                       11:00 am
 1   NICHOLAS A. TRUTANICH                                       Time:____________
     United States Attorney
 2   Nevada Bar No. 13644                                U.S. MAGISTRATE JUDGE
     JAMIE MICKELSON
 3   Assistant United States Attorney
     SOl Las Vegas Blvd. S, Suite 1100
 4   Las Vegas, Nevada 89101
     (702) 388-6281
 5   Email: Jamie.mickelson@usdoj.gov

 6
     ROBERT A. ZINK
 7   Chief, Fraud Section
     Criminal Division, U.S. Department of Justice
 8   JOSEPH MCFARLANE
     Trial Attorney
 9   1400 New York Ave NW
     Washington, D.C. 20530
10   Telephone: (202) 514-0687
     Email: joseph.mcfarlane@usdoj.gov
11
     Attorneys for the United States
12
                                  UNITED STATES DISTRICT COURT
13                                     DISTRICT OF NEVADA

14   UNITED STATES OF AMERICA,                       Case No.   2:20-mj-00766-EJY

15                   Plaintiff,                      SEALED COMPLAINT          for violation of:

16          v.                                       Wire Fraud
                                                     (18 u.s.c. § 1343)
17   BRYAN ROBINSON,

18                   Defendant.

19

20           BEFORE the Honorable Elayna J. Youchah, United States Magistrate Judge, Las

21   Vegas, Nevada, the undersigned complainant, being fIrst duly sworn, states that

22

23

24
 1                                           COUNT ONE
                                               Wire Fraud
 2                                         (18 U.S.C. § 1343)

 3             On or about June 11, 2020, in the State and Federal District of Nevada, and

 4   elsewhere,

 5                                       BRYAN ROBINSON,

 6   defendant herein, did knowingly, willfully, and with the intent to defraud, having devised

 7   and intending to devise a scheme and artifice to defraud, and to obtain money and property

 8   by means of materially false and fraudulent pretenses, representations,   and promises,

 9   knowing such pretenses, representations,   and promises were false and fraudulent when

10   made, transmit and cause to be transmitted, by means of wire communications        in interstate

11   commerce, writings, signals, pictures, and sounds, for the purpose of executing such scheme

12   and artifice, to wit: an interstate wire transfer in the amount of$I,502,270   from Bank 2

13   outside the State of Nevada to an account controlled by Robinson at Bank 1 in the State of

14   Nevada.

15                                        PROBABLE CAUSE

16          Complainant, Allison Coffey, as and for probable cause, states the following:

17          1.       I am a Special Agent (SA) of the Federal Bureau oflnvestigation    (FBI)

18   currently assigned to the white-collar crime squad in the Las Vegas Field Division. I have

19   been employed as a SA of the FBI since July 2019. To become an FBI SA, I attended

20   twenty (20) weeks of training at the FBI Academy in Quantico, Virginia where I was traine

21   to investigate violations of United States laws, to collect evidence in cases in which the

22   United States is, or may be, a party in interest, and to perform other duties imposed by law

23   as well as other specialized federal law enforcement training. I have investigated violations

24   of federal statutes governing various types of white-collar crime, including wire fraud, bank

                                                    2
 1   fraud, and money laundering.     I am familiar with, and have participated in, the normal

 2   methods of investigation, including, but not limited to, visual surveillance, conducting

 3   interviews, drafting and executing seizure warrants, executing search and arrest warrants,

 4   and conducting consensually monitored audio and video recordings.

 5          2.      The following information is based upon, among other things, my review of

 6   records and documents obtained during the course of this investigation, information

 7   conveyed by other employees or agents of the FBI, agents of the Office of Inspector General

 8   of the United States Small Business Administration (SBA), and witnesses, to me orally or

 9   via written communication,    and my experience and background as an FBI SA.

10                                         INTRODUCTION

11          3.      The government is investigating fraud committed by BRYAN ROBINSON

12   ("ROBINSON").      There is probable cause to believe ROBINSON, through his corporate

13   entity ATeam LV, LLC ("ATeam"), submitted false and fraudulent applications to obtain

14   loans through the Economic Injury Disaster Relief Loan (EIDL) program and Paycheck

15   Protection Program (PPP) guaranteed by the SBA. Based on the false and fraudulent

16   applications, ROBINSON successfully obtained an EIDL of$159,900 and a PPP loan of

17   $1,502,270. As set forth below, there is probable cause to believe that the EIDL and PPP

18   loans were obtained based on false and fraudulent information about the number of

19   employees and the gross revenue of the business, information that was provided by

20   ROBINSON regarding his business in order to qualify for the loan. Furthermore,

21   ROBINSON falsely stated that he had not been convicted of a felony within the last five

22   years, when in fact he was convicted of a felony drug offense in 2018 in Wyoming state

23   court and is currently serving a term of probation.

24


                                                    3
 1                                  The Paycheck Protection Program

 2           4.      The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a

 3   federal law enacted in or around March 2020 and is designed to provide emergency

 4   fmancial assistance to the millions of Americans who are suffering the economic effects

 5   caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was

 6   the authorization of up to $349 billion in forgivable loans to small businesses for job

 7   retention and certain other expenses, through the PPP. In or around Apri12020, Congress

 8   authorized over $300 billion in additional PPP funding.

 9           5.      In order to obtain a PPP loan, a qualifying business must submit a PPP loan

10   application, which is signed ~y an authorized representative of the business. The PPP loan

11   application requires the business (through its authorized representative) to acknowledge the

12   program rules and make certain affirmative certifications in order to be eligible to obtain the

13   PPP loan. In the PPP loan application, the small business (through its authorized

14   representative) must state, among other things, its: (a) average monthly payroll expenses;

15   and (b) number of employees. These figures are used to calculate the amount of money the

16   small business is eligible to receive under the PPP. In addition, businesses applying for a

17   PPP loan must provide documentation       showing their payroll expenses.

18           6.      A participating fmancial institution (the lender) must process a PPP loan

19   application.   If the lender approves a PPP loan application, it funds the PPP loan using its

20   own monies, which the SBA guarantees 100%. The lender transmits to the SBA, in the

21   course of processing the loan, data from the application, including information about the

22 borrower, the total amount of the loan, and the listed number of employees. The SBA

23   oversees the PPP, which has authority over all loans. To date, over 5,000 lending

24   institutions, mostly banks and credit unions, have participated in the PPP.


                                                    4
 1           7.     The business receiving the PPP loan proceeds must spend the funds on certa'

 2   permissible expenses: payroll costs, interest on mortgages, rent, and utilities. The PPP

 3   allows the interest and principal on the PPP loan to be entirely forgiven if the business

 4   spends the loan proceeds on these expense items within a designated period of time and uses

 5   a specified portion of the PPP loan proceeds on payroll expenses.

 6                          The Economic Injury Disaster Relief Program

 7          8.      The EIDL program is an SBA program that provides low-interest financing to

 8   small businesses, renters, and homeowners in regions affected by declared disasters.

 9          9.      Another source of relief provided by the CARES Act was the authorization

10   for the SBA to provide EIDLs of up to $2 million to eligible small businesses experiencing

11   substantial fmancial disruption due to the COVID-19 pandemic.        In addition, the CARES

12   Act authorized the SBA to issue advances of up to $10,000 to small businesses within three

13   days of applying for an EIDL. The amount of the advance is determined by the number of

14   employees the applicant certifies having. The advances do not have to be repaid.

15          10.     In order to obtain an EIDL and advance, a qualifying business must submit

16   an application to the SBA and provide information about its operations, such as the number

17   of employees as well as gross revenues and cost of goods sold for the 12-month period

18   preceding the disaster. In the case ofEIDLs for COVID-19 relief, the 12-month period was

19   that preceding January 31, 2020. The applicant must also certify that all the information in

20   the application is true and correct to the best of the applicant's knowledge.

21          11.    EIDL applications are submitted directly to the SBA and processed by the

22   agency with support from a government contractor, Rapid Finance.        The amount of the

23   loan, if the application is approved, is determined based, in part, on the information

24   provided by the application about employment, revenue, and cost of goods, as described


                                                    5
 1   above. Any funds issued under an EIDL or advance are issued directly by the SBA. EIDL

 2   funds can be used for payroll expenses, sick leave, production costs, and business

 3   obligations, such as debts, rent, and mortgage payments.    If the applicant also obtains a loan

 4   under the PPP, the EIDL funds cannot be used for the same purpose as the PPP funds.

 5                                       BRYAN ROBINSON

 6           12.    ROBINSON is a citizen of the United States and has a Nevada Driver's

 7   License issued in September 2019, with a listed address in Las Vegas, Nevada.

 8           13.    According to records obtained by the FBI, ROBINSON pled guilty to felony

 9   drug possession in November 2018. The court sentenced him to two (2) to four (4) years of

10   imprisonment and suspended the sentence. The court also sentenced him to three (3) years

11   of probation, a term that has not expired.

12                                                ATeam

13          14.     ROBINSON incorporated ATeam as a limited liability company under the

14   laws of the State of Nevada in July 2018. ROBINSON is the sole member of ATeam.

15          15.     In August 2018, ROBINSON opened a bank account at Bank 1, a federally

16   insured fmancial institution, on behalf of ATeam ("Account 6138"). The account opening

17   documents stated that ATeam was a "dance company" with eight (8) employees and annual

18   gross sales of$50,000.   ROBINSON was listed as the sole owner of ATeam.

19          16.    In January 2020, ROBINSON opened another bank account at Bank 1 on

20   behalf of ATe am ("Account 9853"). Once again, the account opening documents stated

21   that ATeam had eight (8) employees and annual gross sales of $50,000.

22                                     The Lending Institution

23          17.    Institution 1 is an online fmancial technology company that specializes in

24   small business lending. Institution 1 participated as a non-bank PPP lender to small


                                                    6
 1   businesses. Institution 1 does not fund the PPP loans itself; rather Institution 1 processes

 2   the loan application and the funds come from a different entity, typically a bank.

 3           18.     Bank 2 is a federally insured financial institution.   Bank 2 funded the PPP

 4   loan to ATe am that was processed by Institution 1.

 5                                  PPP Loan Application for ATeam

 6           19.     ROBINSON submitted a complete PPP loan application for ATeam to

 7   Institution 1, dated June 9, 2020. The FBI has obtained a copy of this application, as well

 8   as the documents submitted by ROBINSON in support of the application.           The loan

 9   application requested a loan of $1,502,270.

10          20.      The PPP loan application lists ROBINSON as the sole owner of ATeam. He

11   also uploaded a copy of a voided check for Account 9853 and directed the loan proceeds to

12   that account.

13          21.      In order to obtain the loan from Institution 1, ROBINSON provided

14   Institution 1 with a substantial amount of fraudulent information.

15                   a.     First, in order to support the requested loan amount of$1,502,270, he

16   represented that ATeam had 37 employees and an average monthly payroll of$600,908.1

17   To support this claim, ROBINSON submitted a purported Internal Revenue Service

18   ("IRS") W-3 Transmittal of Wages and Tax Statement, dated May 29,2020.            The W-3

19   stated that, for the year 2019, ATeam had 37 employees and paid $7,210,896 in wages.

20                   b.     Evidence obtained by the FBI shows that these payroll figures were

21   fraudulent for at least the following reasons:

22

23

24   1 The maximum allowable PPP loan amount is calculated by taking the company's average
     monthly payroll and multiplying that figure by 2.5.

                                                      7
  1                          1.     A search of IRS records confIrmed the IRS has no record of

 2    ATe am fIling Forms 941s for 2018 or 2019, which are quarterly payroll reports that

 3    employers must fIle.

 4                           11.    A search of Social Security Administration   (SSA) records

 5    confIrmed that the SSA has no record of any W-3 fIlings by ATeam.

 6                           111.   Records obtained from the Nevada Department of

 7    Employment, Training, and Rehabilitation state that it has no record of ATeam having any

 8    employees, paying any wages, or paying unemployment taxes.

 9                           IV.    As noted above, in both August 2018 and January 2020,

10    ROBINSON opened bank accounts for ATeam at Bank 1 and reported that ATeam had

11    eight (8) employees and annual gross revenue of$50,000.

12                           v.     ATeam's bank account statements, obtained from Bank 1, do

13    not show any payments consistent with payroll for the year 2020. The bank account

14    statements show a monthly inflow of funds ranging from $20,000 to $40,000. The outflow

15    of funds appear to be mostly personal expenses, such as food, shopping, and credit card

16    statements.

17           22.    Second, the ATeam PPP loan application asked "Is the Applicant (if an

18    individual) or any individual owning 20% or more of the equity of the Applicant subject to

19    an indictment, criminal information, arraignment, or other means by which formal criminal

20    charges are brought in any jurisdiction, or presently incarcerated, or on probation or

21    parole?" The application also asked, "Within the last fIve (5) years, for any felony, has the

22·   Applicant (if an individual) or any owner of the Applicant 1) been convicted; 2) pleaded

23    guilty; 3) pleaded nolo contendere; 4) been placed on pretrial diversion; or 5) been placed on

24    any form of parole or probation (including probation before jUdgment)?" The application


                                                    8
     1   further warned that if that question was answered "Yes," that "the loan will not be

 2       approved. "

 3              23.      ROBINSON falsely certified "No" to both of these questions. Records show

 4       that ROBINSON pled guilty in November 2018 to felony drug possession in Cheyenne,

 5       Wyoming.      The records further show that ROBINSON was sentenced to three (3) years of

 6       probation and that he was still on probation when he submitted the PPP loan application. I

 7       have confIrmed that ROBINSON is still serving his term of active probation.

 8              24.     According to Institution l's records, the PPP loan for ATeam was approved

 9       and disbursed. Records from Bank 1 show the PPP loan proceeds of$I,502,270       were

10       received in Account 9853 on or about June 11, 2020. Information obtained by the SBA

11       shows that the funds were sent from Bank 2's servers in Pennsylvania via interstate wire to

12       Institution's 1 account at Bank 1. The funds were then moved via ACH from Institution l's

13       account at Bank 1 to ROBINSON's     account at Bank 1 in Nevada.

14                                            EIDL for ATeam

15              25.     The FBI obtained documentation    for ATeam's EIDL from the SBA.

16       According to the records, on or about May 29,2020, ROBINSON submitted an application

17       in support of a $150,000 EIDL for ATeam.

18              26.     On the loan application received by the SBA, ROBINSON falsely represented

19       that ATeam was in the agriculture industry and had 37 employees. He also falsely

20       represented that gross revenues were $12,500,000, cost of goods sold were $10,750,000, and

21       the agriculture cost was $1,500,000 for the twelve months ending January 31,2020. There is

22       probable cause to believe that ROBINSON knowingly made these false representations.

23       First, bank account opening documentation   shows ATe am was described as a dance

24       business. Second, physical surveillance of ATeam's address listed on the EIDL application,


                                                      9
 1   5154 West Patrick Lane, Suite 110-A, Las Vegas, NV 89118, and ROBINSON's            home

 2   address failed to locate any relevant business activity. Third, as described above, queries to

 3   IRS, SSA, and Nevada Department of Employment, Training, and Rehabilitation did not

 4   return records offllings mandated to employers. Finally, a review of the January 2020 bank

 5   statement of Account 9853 did not show revenue, cost of goods sold expenses, or

 6   agriculture costs consistent with the amount ROBINSON claimed on his EIDL application.

 7          27.     On ATeam's EIDL loan application received by the SBA, ROBINSON

 8   misrepresented that he has not been convicted of a felony within the last five years. At the

 9   time of Robinson's EIDL loan application for ATeam, an applicant had to certify that the

10   applicant, if an individual or any owner of the applicant business, had not been convicted of

11   a felony or been placed on parole in the prior five years. As part of the ATeam's EIDL loan

12   application, ROBINSON falsely answered "No" to this question, which read, "Within the

13   last five (5) years, for any felony, have you ever been convicted, plead guilty, plead no 10

14   contendere, been placed on pretrial diversion, or been placed on any form of parole or

15   probation (including probation before jUdgment)?" ROBINSON knew his answer to this

16   question was false because of his felony conviction previously described.

17          28.    As discussed below, ATeam ultimately received a $10,000 advance and a

18   $149,900 loan from the SBA based on the EIDL loan application.

19                              Use ofEIDL and PPP Loan Proceeds

20          29.    As stated above, ROBINSON directed the proceeds of the loans be deposited

21   in Account 9853 in the name of ATeam, which he controlled. ROBINSON is the only

22   authorized signatory on the account.

23          30.    To obtain the PPP loan proceeds, ROBINSON certified that "[t]he funds will

24   be used to retain workers and maintain payroll or make mortgage interest payments, lease


                                                   10
 1   payments, and utility payments."    Similarly, the EIDL application required the applicant to

 2   certify that, "the borrower will use all the proceeds of this Loan solely as working capital to

 3   alleviate economic injury." These certifications were false. In fact, the funds were disbursed

 4   as follows:

 5                  a.     The June 2020 account statement for Account 9853 had a balance on

 6   June 3, 2020, of$542.92. On June 4,2020, an EIDL advance of$10,000 was received into

 7   Account 9853.

 8                  b.     On June 5, 2020, a cash deposit of$2,000 was made into the account.

 9   A few days later, on June 8,2020, a cash deposit of$3,000 was made into Account 9853.

10                  c.     On June 10,2020, Account 9853 had a balance of$I,525.15.        The nex

11   day, June 11,2020, the PPP loan proceeds of$I,502,270      were transferred to Account 9853.

12                  d.     On June 13,2020, ROBINSON, using funds from Account 9853,

13   purchased a cashier's check in the amount of$150,581, payable to Dynasty Beverage LLC

14   (Dynasty). According to Dynasty's bank records, Dynasty distributes food and goods.

15                 e.      On June 16,2020, ROBINSON using funds from Account 9853,

16   purchased a cashier's check in the amount of$150,227, payable to Dynasty.

17                 f.      On June 17,2020, ROBINSON, using funds from Account 9853,

18   purchased a cashier's check in the amount of$200,000, payable to Dynasty.

19                 g.      On June 17,2020, a wire transfer in the amount of$150,100 was made

20   from Account 9853 to Maksales.com LLC (Maksa1es). According to the website of

21   Maksa1es, it is a wholesaler of cell phones and accessories. The wire details state that the

22   wire originated from Account 9853 in Las Vegas, Nevada, and was transmitted to an

23   account located in New York, New York. The wire details further state that the wire is

24


                                                   11
     1   "Towards Payroll," however, Maksales.com LLC is not listed as a parent company,

 2       subsidiary or assumed business name on ATeam's PPP loan application.

 3                      h.     On June 22,2020, Account 9853 received $149,900 from SBA

 4       pursuant to ATeam's loan under the EIDL program.

 5                     1.      On June 22 and 24, 2020, ROBINSON made several purchases at the

 6       Red Rock Casino Resort and Spa and the Red Rock ADV Room totaling $1,091.

 7                     J.      On June 26, 2020, ROBINSON obtained a cashier's check payable to

 8       Dynasty in the amount of$15,000.

 9                     k.      On June 26, 2020, ROBINSON sent a wire transfer to Maksales for

10       $22,500. The details of the wire transfer included "Materials."

11                     1.      On July 9,2020, ROBINSON made a $5,000 purchase at the

12       Washington Dental Clinic in Chula Vista, California.

13                     m.      On July 27,2020, ROBINSON obtained a cashier's check payable to

14       Dynasty in the amount of$33,500.

15                     n.     There is no evidence that any of these payments were made to pay

16       wages to any employees of ATeam.

17              31.    As noted above, the balance of Account 9853 on June 3, 2020 was $542.92.

18       Aside from the PPP and EIDL loans, the only other deposits into Account 9853 between

19       June 3, 2020 and July 27,2020 were a $2,000 deposit on June 5, a $3,000 deposit on June 8,

20       2020, and a $5,000 deposit on July 15, 2020. Therefore, except for $10,542.92, the

21       expenditures from Account 9853 detailed above were made with PPP and/or EIDL funds. I

22       believe there is probable cause to show these payments were not authorized uses of the PPP

23       funds and further demonstrate Robinson's scheme and artifice to defraud.

24


                                                       12
 1          32.    Lastly, the bank statements ofAccount 9853 for June 2020 and July 2020 do

 2   not show any payments consistent with payroll being made from Account 9853.

 3          33. On August 5, 2020, Bank 1 restricted Account 9853 with a

 4   remaining balance of$758,822.53.

 5                                         CONCLUSION

 6          34.    Based upon the foregoing, I believe there is probable cause to believe
 7   Robinson devised a scheme and artifice to defraud to obtain fraudulently $1,502,270 in total
 8   PPP funds and $159,900 in EIDL funds through his company ATEAM LV, LLC in

 9   violation of 18 U.S.C. § 1343 (Wire Fraud).
10

11

12
      Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 b
13   telephone on August_, 27 2020.
14

15
     HONORABLE ELAYNAJ.YOUCHAH
16   UNITED STATES MAGISTRATE JUDGE
17

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