Statement in Advance of Plea — USA v. Mehlbauer et al (Dkt. 137)
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A Statement by Defendant in Advance of Plea of Guilty and Plea Agreement for Halee Ann Mehlbauer in United States of America v. Halee Ann Mehlbauer, Case No. 2:24-cr-00061-DBB, in the U.S. District Court for the District of Utah, filed September 24, 2025 as Document 137. Mehlbauer agrees to plead guilty to Counts 2 and 8 of the Indictment, wire fraud under 18 U.S.C. § 1343 and money laundering under 18 U.S.C. § 1957. The stipulated facts state that a second-draw PPP Loan application through Itria Ventures LLC falsely claimed 4 employees and yielded approximately $58,481.50, and that a cashier's check for approximately $42,481.50 then withdrew funds. Mehlbauer admits obtaining a total of approximately $177,030.50 in PPP-Loan funds, including for codefendant Timothy George Lopez. The stipulated sentence ranges from 1-year-and-1-day to up to 21 months of imprisonment.
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“Statement in Advance of Plea — USA v. Mehlbauer et al (Dkt. 137).”
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Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.541 Page 1 of 11
FELICE JOHN VITI, Act~ng Unite_d States Attorney (#7007) Flltf JUri-}I\Jg~ii~fi[~T
ES DJ?TRICT
TODD C. BOUTON, Assistant Umted States Attorney (#17800) I 0FU Ii'\, I
Attorneys for the United States of America SEP 2 Li 2025
Office of the United States Attorney
GARY P. SERD,\R
111 South Main Street, Suite 1800 BY _ _~CLERK 0.- COURT
Salt Lake City, Utah 84111-2176 DEPU·; i CLEl11<
Telephone: (801) 524-5682
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
UNITED STATES OF AMERICA, Case No. 2:24-cr-00061-DBB
Plaintiff, STATEMENT BY DEFENDANT IN
ADVANCE OF PLEA OF GUILTY
vs. AND PLEA AGREEMENT PURSUANT
TO FED. R. CRIM. P. ll(c)(l)(C)
HALEE ANN MEHLBAUER,
Defendant. Judge David Barlow
I hereby acknowledge and certify that I have been advised of and that I understand
the following facts and rights, and that I have had the assistance of counsel in reviewing,
explaining, and entering into this agreement:
1. As part of this agreement with the United States of America, I intend to plead
guilty to Counts 2 and 8 of the Indictment. My attorney has explained the nature of the
charges against me, and I have had an opportunity to discuss the nature of the charges with
my attorney. I understand the charges and what the United States is required to prove in
order to convict me.
The elements of Count 2, Wire Fraud in violation of 18 U.S.C. § 1343, are:
First: The defendant knowingly devised or intended to devise a scheme to
defraud;
Second: The defendant acted with the specific intent to defraud;
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.542 Page 2 of 11
Third: The defendant used or caused the use of interstate wire
communications for the purpose of executing or attempting to execute
the scheme to defraud; and
Fourth: The scheme employed false or fraudulent pretenses, representations,
or promises that were material.
The elements of Count 8, Money Laundering (Spending) in violation of 18 U.S.C.
§ 1957, are:
First: The defendant lmowingly engaged or attempted to engage m a
monetary transaction;
Second: The monetary transaction involved criminally derived property of a
value greater than $10,000;
Third: The defendant engaged or attempted to engage in the monetary
transaction knowing that the property was derived from an unlawful
activity (that is-wire fraud); and
Fourth: The defendant engaged or attempted to engage in the monetary
transaction with property that was, in fact, derived from an unlawful
activity, to wit: wire fraud in violation of 18 U.S.C. § 1343.
2. I know that the maximum possible penalty provided by law for Count 2 of
the Indictment, a violation of 18 U.S.C. §1343, is a term ofimprisonment of 20 years, a
-"fine of $250}Tdo,aterm of supervisecrrelease o:fJyears~ ancfany--.ipp1icableforfeiture. I
also know that the maximum possible penalty for Count 8 of the Indictment, a violation of
18 U.S.C. § 1957, is a term of imprisonment of 10 years, a fine of $250,000, a term of
supervised release of 3 years, and any applicable forfeiture. I understand that if I violate a
term or condition of supervised release, I can be returned to prison for the length of time
provided in 18 U.S.C. § 3583(e)(3).
a. Additionally, I know the Court is required to impose an assessment in the
amount of$100 for each offense of conviction, pursuant to 18 U.S.C. § 3013. Furthermore,
restitution to the victim of my offense shall be ordered pursuant to 18 U.S.Ci § 3663.
b. I understand that, ifl am not a United States citizen, I may be removed from
the United States, denied citizenship, and denied admission to the United States in the
future.
2
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.543 Page 3 of 11
3. I know that the sentencing procedures in this case and the ultimate sentence
will be determined pursuant to 18 U.S.C. § 3553(a), and that the Court must consider, but
is not bound by, the United States Sentencing Guidelines, in determining my sentence. I
have discussed these procedures with my attorney. I also know that the final calculation of
my sentence by the Court may differ from any calculation the United States, my attorney,
or I may have made, and I will not be able to withdraw my plea if this occurs. However,
because my plea of guilty is being entered pursuant to Rule ll(c)(l)(C), as explained
below, I know that I will be able to withdraw my plea if the Court does not accept the terms
of this agreement.
4. I know that I can be represented by an attorney at every stage of the
proceeding, and I know that if I cannot afford an attorney, one will be appointed to
represent me.
5. I know that I have a right to plead "Not Guilty" or maintain my earlier plea
of "Not Guilty" and can have a trial on the charges against me.
6. I know that I have a right to a trial by jury, and I know that ifl stand trial by
a Jury:
a. I have a right to the assistance of counsel at every stage of the proceeding.
b. I have a right to see and observe the witnesses who testify against me.
c. My attorney can cross-examine all witnesses who testify against me .
._ d. I have t4~ right to testify and P!esent evidence, to call witnesses to testify at_
~- 1dill, .cl!!dl..ca11 oJ>@inJ].igpg~n_as iQ r~q11ir~Jh~ cltt~ndanc~ agd te§!imopy~of tJ:io~ w_itn~SJ,~§~-c
Ifl cannot afford to pay for the appearance of a witness and mileage fees, the United States
will pay them.
e. I cannot be forced to incriminate myself, and I do not have to testify at any
trial.
f. If I do not want to testify, the jury will be told that no inference adverse to
me may be drawn from my election not to testify.
g. The United States must prove each and every element of the offense charged
against me beyond a reasonable doubt.
h. It requires a unanimous verdict of a jury to convict me.
3
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.544 Page 4 of 11
i. If I were to be convicted, I could appeal, and if I could not afford to appeal,
the United States would pay the costs of the appeal, including the services of appointed
counsel.
7. If I plead guilty, I will not have a trial of any kind.
8. I know that 18 U.S.C. § 3742(c)(l) sets forth the circumstances under which
I may appeal my sentence. However, fully understanding my right to appeal my sentence,
and in consideration of the concessions and/or commitments made by the United States in
this plea agreement, I knowingly, voluntarily and expressly waive my right to appeal as set
forth in paragraph 12 below.
9. I know that, under 18 U.S.C. § 3742(c)(2), the United States may only appeal
my sentence if it is less than the sentence set forth in this agreement.
10. I know that under a plea of guilty the judge may ask me questions under oath
about the offense. The questions, if asked on the record and in the presence of counsel,
must be answered truthfully and, ifl give false answers, I can be prosecuted for perjury.
11. I stipulate and agree that the following facts accurately describe my conduct.
These facts provide a basis for the Court to accept my guilty plea:
Count 2 - Wire Fraud
From on or about July 15, 2020 through at least January 15, 2022, in
the District of Utah and elsewhere, I, Halee Ann Mehlbauer, devised and
engaged in a sch~me and artifice to defraud, and to obtain money through the
use of false and-fraudulent pretenses, representations; and promises,~and in
so doing, I used interstate wires, including electronically submitted Paycheck
Protection Program loan applications, emails, and monetary transfers.
On or about January 31, 2021, I submitted or caused to be submitted
a Paycheck Protection Program ("PPP") Loan application for a second-draw
loan through direct lender Itria Ventures LLC ("Itria Ventures") for
approximately $58,481.50 on behalf of my purported sole proprietorship
' I
business, "Halee Mehlbauer," (the "Mehlbauer Business"). By submitting
this PPP Loan application, I ultimately caused an interstate wire tra1:1smission
of$58,481.50 to be made on or about February 2, 2021, from New York, into
a Fidelity Investments account in Utah ending in x4090. The receiving
investment account was under my control.
4
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.545 Page 5 of 11
In execution and furtherance of the scheme and artifice to defraud, I
made the following false, fraudulent, and material representations to Itria
Ventures in my PPP Loan application:
a. I was the sole proprietor of the Mehlbauer Business which had been
in operation as of February 15, 2020; when in fact, it had not been;
b. The Mehlbauer Business had 4 employees; when in fact, it did not;
c. The Mehlbauer Business had an average monthly payroll of $16,709;
when in fact, it did not;
d. The 2019 IRS Form 940 that I submitted along with the PPP-Loan
Application accurately reflected the amount of payroll taxes that the
Mehlbauer Business had paid employees in 2019 (approximately
$103,878.37); when in fact, it did not;
e. The 2020 IRS Form 941 that I submitted along with the PPP-Loan
Application accurately reflected the amount of wages, tips, other
compensation, and payroll taxes that the Mehlbauer Business had paid
employees in the first quarter of 2020 (approximately $40,582.31);
when in fact, it did not;
f. The 2019 IRS 1040 Tax Form Schedule C that I submitted along with
the PPP-Loan Application accurately reflected that the Mehlbauer
Business had approximately $159,976 in gross receipts or sales, and
cc,$129,161-in-gross income in~2019;~when in fact,-it~did not;-and~,= -
0
g. The information provided in the PPP-Loan application and the
information provided in all the supporting documents and forms was
true and accurate in all material respects; when in fact, it was not.
In response to the PPP Loan application, on or about February 2, 2021,
the "Mehlbauer Business" (meaning I) received approximately ,$58,481.50
in PPP L(l)an proceeds. These loan funds were deposited into my Fidelity
Investments account in Utah ending in x4090, which was under my control.
I knew that ifl had not made the above false, fraudulent, and material
representations in the PPP Loan application, neither Itria Ventures, nor the
U.S. Small Business Administration would have approved the loan
application for my professed Mehlbauer Business.
5
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.546 Page 6 of 11
As part of my wire fraud scheme, I also submitted other PPP-Loan
applications for myself and for my codefendant Timothy George Lopez.
Through all of these PPP-Loan applications, I applied for and obtained a total
of approximately $177,030.50 in PPP-Loan funds based on similar false,
fraudulent, and material representations.·
I did not use any of the PPP-Loan funds I obtained for approved
payroll or business expenses under the PPP-Loan program.
I admit that my conduct violated 18 U.S.C. § 1343 and constituted the
crime of wire fraud.
Count 8 - Money Laundering
On or about February 8, 2021, in the District of Utah, I, Halee Ann
Mehlbauer, did use my Fidelity Investments account ending in x4090 to issue
a cashier's check for approximately $42,481.50 to myself in order to
withdraw approximately $42,481.50 in PPP-Loan funds from my account.
When I withdrew the money, I knew that it derived from $58,481.50
in fraudulently obtained PPP-Loan funds that I arranged to be deposited into
this same account just six days earlier, on February 2, 2021.
I knowingly withdrew the $42,481.50 in fraudulently obtained PPP-
Loan funds, and I knowingly engaged in that transaction. I made the
transaction through Fidelity Investments, which is a financial institution. I
admit that the transaction affected interstate commerce. And I· admit that, at
• the time of~the transactiontlknew that-the funds I-was withdrawing were
derived from wire fraud in violation of 18 U.S.C. 1343.
I admit that my conduct violated 18 U.S.C. § 1957 and constituted the
crime of money laundering.
12. The only terms and conditions pertaining to this plea agreement between
me and the United States are as follows:
a. Guilty Plea. I will plead guilty to Counts 2 and 8 of the. Indictment.
b. Stipulated Sentence. Pursuant to Rule ll(c)(l)(C) of the Federal Rules of
Criminal Procedure, the sentence imposed by the Court will be a range from 1-year-and-
1-day to up to 21 months of imprisonment, which I agree is a reasonable sentence.
6
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.547 Page 7 of 11
(1) I understand that this agreement, including my plea, the agreed upon
sentence, and all other terms referenced herein, are subject to the approval of, and
acceptance by the Court. I further understand that the Court will likely order the preparation
of a Presentence Report to assist in the determination of whether this plea and the
agreement are appropriate, and I agree to fully cooperate in the preparation of the
Presentence Report.
(2) If, after receiving all relevant information, the Court rejects the plea
agreement and determines that a sentence different from the agreed upon sentence of a
range from I-year-and-I-day to up to 21 month's imprisonment will be imposed, I will
have the right to withdraw the plea of guilty and the terms of this agreement will become
null and void. Likewise, if the Court rejects the plea agreement and determines that the
sentence should be less than 1 year and 1 day of imprisonment, I understand that the United
States will have the right to move to vacate this agreement, and all terms of this agreement
will become null and void.
c. Dismissal of Counts. The United States agrees to move for leave to dismiss
Counts 1,3, and 5-7, and Count 4 as to the defendant only, at the time of sentencing. The
United States also agrees nof to seek indictment against me for any other offense of which
the United States Attorney's Office for the District of Utah is aware at this time.
d. Relevant Conduct. I understand and agree that the Presentence Report may
include descriptions of conduct I engaged in which either was not charged against me, will
not be pleaded to by me, or both. I understand and agree that the Court will take these facts
into consideration in determining the reasonableness of the stipulated sentence.
e. Other United States Concessions. At sentencing, the United States agrees
•"thatit=will notseek a sentenc1ngenhanc·emeht under-usser § 3BLI-: • - - -
f. Appeal Waiver.
( 1) Fully understanding my limited right to appeal my sentence, as
explained above in paragraph 8, and in consideration of the concessions and/or
commitments made by the United States in this plea agreement, I knowingly, voluntarily,
and expressly waive my right to appeal any sentence imposed upon me, except that I do
not waive the;right to appeal as set fmth in 18 U.S.C. § 3742(c)(l), which states that I may
not file a notice of appeal unless the sentence imposed is greater than the sentence set forth
in this agreement. I also knowingly, voluntarily, and expressly waive any argument (1) that
the statute(s) to which I am pleading guilty is/are unconstitutional or (2) that my admitted
conduct does not fall within the scope of the statute(s).
7
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.548 Page 8 of 11
(2) I also knowingly, voluntarily, and expressly waive my right to
challenge my sentence, unless the sentence imposed is greater than the senterice set forth
in this agreement, and my conviction, in any collateral review motion, writ or other
procedure, including but not limited to a motion brought under 28 U.S.C. § 2255, except
to raise an ineffective assistance of counsel claim. This waiver includes any motion for
modification of my sentence under 18 U.S.C. § 3582(c)(2).
(3) I understand that this waiver of my appeal and collateral review rights
concerning my sentence shall not affect the United States' right to appeal my sentence
pursuant to 18 U.S.C. § 3742(c)(2) and§ 3742(b)(l) and (2).
(4) I further understand and agree that the word "sentence" appearing
throughout this waiver provision is being used broadly and applies to all aspects of the
Court's sentencing authority, including, but not limited to: (1) sentencing determinations;
(2) the imposition of imprisonment, fines, supervised release, probation, and any specific
terms and conditions thereof; and (3) any orders of restitution.
g. Presentence Report and Financial Information. I agree to provide truthful
and complete information, including financial information, as requested by the probation
office for the preparation of my presentence report and for determination of the conditions
of my supervised release. I also consent to allowing the United States Attorney's Office to
run a credit check on me. I consent to being placed on the Treasury Offset Program and
State Finder.
h. Restitution.
- (1) I agree that I am subject to mandatory restitution because my case -
~ CC-~fallswithin-the provisions of 18"U.S;C- §-3663A(a)(l)"and (c)(l) based on the charge toe ··
which I am pleading guilty. My attorney has explained what mandatory restitution means.
Under 18 U.S.C. § 3663A(a)(3), I agree to pay restitution, in the
amount of $177,030.50, which the Clerk of Court shall pay to the victim:
United States Small Business Administration
SBA Loan Number
Court Ordered Restitution
SBA/DFC, 721 19th St, 3rd Floor, Room 301
Denver, CO 80202.
This restitution amount is based on the Paycheck Protection Program loan funds that I
fraudulently obtained for myself and others from the SBA. These loan funds were obtained
based on misrepresentations that I made in the various loan applications.
8
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.549 Page 9 of 11
I agree to pay this specific restitution, joint and several with any codefendants, and agree
that this amount should not be reduced or increased through apportionment of liability
under 18 U.S.C. § 3664(h).
(2) I understand that the amount of restitution and the schedule of
payments will be determined as a part of the sentencing proceedings in accordance with
the provisions of 18 U.S.C. § 3664. I agree to pay all restitution as ordered by the Court. I
agree that the payment and enforcement of my restitution order is governed by 18 U.S.C.
§ 3664, and my lawyer has explained the consequences of an order of restitution.
(3) I understand and agree that payment of any restitution owed, pursuant
to the schedule set by the Court at sentencing, should be a condition of any term of
probation or supervised release imposed upon me. I know that ifl fail to pay restitution as
ordered, the failure can be considered a violation of probation or supervised release and,
pursuant to 18 U.S.C. § 3614, the Court can 'resentence me to any sentence which might
originally have been imposed in my case.
i. Waiver of Interest. The United States agrees to recommend that the Court
waive interest for fines and restitution assessed against me.
J. Forfeiture.
(1) I agree to the entry of a forfeiture money judgment of
$177,030.50. This amount is the value of property that was involved in, or that I obtained
from, my offense that is not available for forfeiture because ofmy acts or omissions. I agree
that such property 1) cannot be located upon the exercise of due diligence; 2) has been
transferred or sold to, or deposited with, a third party; 3) has been placed beyond the court's
~jurisdiction; 4) has been substantially diminished in value; or '5) has been commingled with -·~"
other property which cannot be divided without difficulty as provided under 21 U.S.C. §
853(p). Payments toward the forfeiture money judgment shall be made to: United States
Marshals Service, ATIN: Asset Forfeiture Coordinator, 333 Lomas Blvd NW Suite 180,
Albuquerque, New Mexico 87102.
(2) The defendant understands that, by law, forfeiture is mandatory in this
case. The p.efendant understands that the United States will not pursue satisfaction of the
forfeiture money judgment provided that the defendant makes payments, as required by the
Court, on the restitution order. The defendant further understands that, if the defendant
pays off all the restitution ordered by the Court, then the United States agrees to forgo
enforcement or satisfaction of the forfeiture money judgment. The defendant further
understands that, if the defendant fails to pay restitution as required by the Court, then the
United States is free to pursue satisfaction of the forfeiture money judgment.
9
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.550 Page 10 of
11
(3) I consent to entry of any orders, judgments, or declarations of
forfeiture and waive the requirements (including notice of the forfeiture) of 19 U.S.C. §§
1607-1609; 18 U.S.C. §§ 981, 983, and 985; the Code of Federal Regulations; and Rules
11 and 32.2 of the Federal Rules of Criminal Procedure. I consent to any criminal forfeiture
order becoming final as to me upon its entry.
(4) I waive any claims I may have against the government, its officers,
employees, and agents regarding the seizure, forfeiture, storage, and disposal of the
property.
(5) I waive any constitutional or statutory challenges to the forfeiture,
including that it is an excessive fine or punishment.
13. I understand and agree that this plea agreement is solely between me and
the United States Attorney for the District of Utah and does not bind any other federal,
state, or local prosecuting, administrative, or regulatory authorities.
14. I understand that I have a right to ask the Court any questions I wish to ask
concerning my rights about these proceedings and the plea.
* * * *
I make the following representations to the Court:
I. I am ~{)years of age. My education consists of . <{PJtbt ca/~~ .I
can read and understand English. '-""'
2. This Statement ini\.dvance contains all te_rms of the agreement between me
Jl!1Q.Jh~lJnityq Sta_t~s;_i;fjhere_gtfe ~),,ceptions, th~~~smctt'Yill b~~peyi_fj~_gJly:_::i._dyis~d, Q!1
the record, at the time of my guilty plea of the additional terms. I understand the United
States and I cannot have terms of this plea agreement that are not disclosed to the Court.
3. No one has made threats, promises, or representations to me that have caused
me to plead guilty, other than the provisions set forth in this agreement.
4. Neither my attorney nor the United States has promised me that I would
receive probation or any other form of;leniency because of my plea.
5. I have discussed this case and this plea with my lawyer as much as I wish,
and I have no additional questions.
6. I am satisfied with my lawyer.
Case 2:24-cr-00061-DBB Document 137 Filed 09/24/25 PageID.551 Page 11 of
11
7. My decision to enter this plea was made after full and careful thought; with
the advice of counsel; and with a full understanding of my rights, the facts and
circumstances of the case and the consequences of the plea. I was not under the influence
of any drugs, medication, or intoxicants when I made the decision to enter the plea, and I
am not now under the influence of any drugs, medication, or intoxicants.
8. I have no mental reservations concerning the plea.
9. I understand and agree to all the above. I know that I am free to change or
delete anything contained· in this statement. I do not wish to make changes to this
agreement because I agree with the terms and all the statements are correct.
DATED this _may of September, 2025.
Halee Ann Mehlbauir '
Defendant
I certify that I have discussed this plea agreement with the defendant, that I have
fully explained her rights to her, and that I have assisted her in completing this written
agreement. I believe that she is knowingly and voluntarily entering the plea with full
knowledge of her legal rights and that there is a factual basis for the plea.
DATED this _2!J__'/1Jay of September, 2025.
Kri t n R. Angelos
- ----- -- - ·Att□rey-fofDefetf IT!
I represent that all terms of the plea agreement between the defendant and the United
States have been, or will be at the plea hearing, disclosed to the Court, and there are no
undisclosed agreements between the defendant and the United States.
DATED this ttfl day of September, 2025.
FELICE JOHN VITI
Acting United States Attorney
~
Todd ··uton
Assistant United States Attorney
11
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