Superseding Indictment — No. 2:20-cr-00114 (Dkt. 32, M.D. Fla.)

Summary

A 19-page Superseding Indictment, Document 32, filed in open court on the 28th day of October, 2020 in United States v. Casey David Crowther, Case No. 2:S20-cr-114-FtM-66MRM, in the U.S. District Court for the Middle District of Florida, Fort Myers Division, charging violations of 18 U.S.C. § 1344, § 1014 and § 1957. Count One's introduction describes Crowther of North Fort Myers as president, director and registered agent of Target Roofing and Sheet Metal, Inc., a Fort Myers roofing company with accounts at a federally insured lender, and sets out the CARES Act's Paycheck Protection Program, the SBA Form 2483 certifications and the lender's 100% SBA guarantee. The indictment ends with forfeiture allegations and is signed for United States Attorney Maria Chapa Lopez by Assistant United States Attorney Trenton J. Reichling and the Chief of the Fort Myers Division.

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

Cite this document

“Superseding Indictment — No. 2:20-cr-00114 (Dkt. 32, M.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/superseding-indictment-no-2-20-cr-00114-dkt-32-m-d-fla-9979f467fe/, SHA-256 d2a3a3da78882620c09d341a607210cbac3888cdf2941e30b696636ac103042e.

Full text

Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 1 of 19 PageID 101

\UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

UNITED STATES OF AMERICA

V. CASE NO. 2:S20-cr-114-FtM-66MRM
18 U.S.C. § 1344
CASEY DAVID CROWTHER 18 U.S.C. § 1014
18 U.S.C. § 1957

SUPERSEDING INDICTMENT

The Grand Jury charges:

COUNT ONE
(Bank Fraud)

A. Introduction

At all times material to this Superseding Indictment:

1. Casey David Crowther was a resident of North Fort Myers,

Florida, who served as president, director, and registered agent of Target

Roofing and Sheet Metal, Inc.

2. Target Roofing and Sheet Metal, Inc. ("Target Roofing") ~s-a "'
~~;::~
s: ~=~: ;
~
c:::::,
Florida corporation controlled by Casey David Crowther with its statef::i.~
-·,. V> Cl>
;::c :-- ;·:·:1 N
g
-f .,,-
principal place of business in Fort Myers, Florida. Target Roofing opera..tei a~ r-
--, •. ':J
·-.•·1-:-
~-;..c1
-0
:x fTJ
0
a roofing company and provided residential and commercial roofing se.fV'~es,u,
•-··oC.., ••
>:~§ c...,
0
which included the installation of new roofs, reroofing, and roofrepairfu1he

Southwest Florida area. Target Roofing maintained bank accounts at a

I
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 2 of 19 PageID 102

federally insured financial institution ("the Lender"). Casey David Crowther

was the sole signatory on those accounts.

3. The United States Small Business Administration ("SBA") was

an executive-branch agency of the United States government that provided

support to entrepreneurs and small businesses. The mission of the SBA was to

maintain and strengthen the nation's economy by enabling the establishment

and viability of small businesses and by assisting in the economic recovery of

communities after disasters.

4. As part of this effort, the SBA enabled and provided for loans

through banks, credit unions, and other lenders. These loans had government-

backed guarantees.

5. The Coronavirus Aid, Relief, and Economic Security

.("CARES") Act was a federal law enacted in or around March 2020 designed

to provide emergency financial assistance to the millions of Americans who

were suffering the economic effects caused by the COVID-19 pandemic. One

source of relief provided by the CARES Act was the authorization of

forgivable loans to small businesses for job retention and certain other

expenses, through a program referred to as the Paycheck Protection Program

("PPP").

6. To obtain a PPP loan, a qualifying business was required to

2
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 3 of 19 PageID 103

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 in order to be eligible to obtain the PPP

loan. In the PPP loan application (SBA Form 2483), the small business

(through its authorized representative) was required to state, among other

things, its: (a) average monthly payroll expenses; and (b) number of

employees. These figures were used to calculate the amount of money the

small business was eligible to receive under the PPP. In addition, businesses

applying for a PPP loan were required to provide documentation showing

their payroll expenses.

7. PPP loan applications were processed by a participating lender. If

a PPP loan application was approved, the participating lender funded the PPP

loan using its own monies, which were 100% guaranteed by the SBA. Data

from the application, including information from the borrower, the total

amount of the loan, and the listed number of employees, was transmitted by

the lender to the SBA in the course of processing the loan.

8. PPP loan proceeds were required to be used for certain

permissible expenses, including payroll costs, mortgage interest, rent, and

utilities. Under the applicable PPP rules and guidance, the interest and

3
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 4 of 19 PageID 104

principal on the PPP loan was eligible for forgiveness if the business spent the

loan proceeds on these expense items within a designated period of time and

used a certain portion of the loan towards payroll expenses.

9. The Lender was a financial institution federally insured by the

Federal Deposit Insurance Corporation ("FDIC") headquartered and with

branches in Lee County, Florida. The Lender participated in the SBA' s PPP

as a lender and, as such, was authorized to lend funds to eligible borrowers

under the terms of PPP.

B. The Scheme to Defraud

10. Starting in or about April 2020, and continuing through and

including the date of this Superseding Indictment, in the Middle District of

Florida, and elsewhere, the defendant,

CASEY DAVID CROWTHER,

did lmowingly and intentionally execute, and attempt to execute, a scheme

and artifice to defraud a financial institution, and to obtain monies, funds,

credits, assets, and other property owned by, and under the custody and

control of, a financial institution, by means of materially false and fraudulent

pretenses, representations and promises.

C. Manner and Means of the Scheme

11. The manner and means by which the defendant sought to

4
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 5 of 19 PageID 105

accomplish the scheme and artifice to defraud included, among others, the

following:

a. It was part of the scheme and artifice to defraud that the

defendant would and did submit and cause the submission of a false and

fraudulent PPP loan application and revised PPP loan application to the

Lender on behalf of Target Roofing seeking a PPP loan through the SBA.

b. It was further part of the scheme and artifice to defraud that the

defendant would and did make and cause to be made material false,

fraudulent, and misleading representations to the Lender and SBA related to

the use of the PPP funds in the PPP loan application submitted on or about

April 7, 2020, and in the revised PPP loan application submitted on or about

April 13, 2020.

c. It was further part of the scheme and artifice to defraud that the

defendant would and did represent that all SBA PPP Loan proceeds would be

used by the defendant only for business related purposes as specified in the

loan application.

d. It was further part of the scheme and artifice to defraud that the

defendant would and did certify that the PPP funds acquired from the

requested loan would be used to retain workers and maintain payroll or make

mortgage payments, lease payments, and utility payments on behalf of Target

5
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 6 of 19 PageID 106

Roofing.

e. It was further part of the scheme and artifice to defraud that the

defendant's materiaP,y false, fraudulent, and misleading representations

would and did cause the SBA to approve the PPP application and the SBA to

issue $2,098,700.00 in PPP funds to the Lender, which the Lender then

deposited into an account under the defendant's control.

f. It was further part of the scheme and artifice to defraud that the

defendant would and did use and cause the PPP funds to be used for

unauthorized purposes and for his own personal enrichment, including

payment towards the principal of a promissory note and the purchase of a

2020 40' Invincible Catamaran boat.

g. It was further part of the scheme and artifice to defraud that the

defendant would and did misrepresent, hide, and conceal, and cause to be

misrepresented, hidden, and concealed, the purpose of acts performed in

furtherance of the scheme to defraud.

D. Execution of the Scheme

12. Starting in or about April 2020, and continuing through and

including the date of this Superseding Indictment, in the Middle District of

Florida and elsewhere, the defendant,

CASEY DAVID CROWTHER,

6
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 7 of 19 PageID 107

knowingly executed the aforesaid scheme and artifice to defraud, by

submitting a false PPP loan application and revised PPP loan application on

behalf of his company, Target Roofing, in order to receive a loan from the

Lender, a bank insured by the FDIC, which loan was guaranteed by the SBA

and which proceeds were deposited into accounts at the Lender under the

defendant's custody and control.

All in violation of 18 U.S.C. §§ 1344 and 2.

COUNT TWO
(False Statement to Lending Institution)

1. Paragraphs 1 through 9 of Part A of Count One of this

Superseding Indictment are realleged and incorporated by reference as if fully

set forth herein.

2. · On or about April 13, 2020, in the Middle District of Florida and

elsewhere, the defendant,

CASEY DAVID CROWTHER,

knowingly made a false statement, for the purpose of influencing the actions of

the Lender, an institution the accounts of which were insured by the FDIC, in

connection with a PPP loan application and revised PPP loan application by

Target Roofing, in that the defendant signed and initialed a revised PPP loan

application representing SBA loan proceeds would only be used for business

related purposes and certifying that the PPP funds would be used to retain

7
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 8 of 19 PageID 108

workers and maintain payroll or make mortgage payments, lease payments,

and utility payments on behalf of Target Roofing; when in truth and in fact, as

the defendant well knew, all of the SBA loan proceeds would not only be used

for business related purposes and that the PPP funds would not be exclusively

used to retain workers and maintain payroll or to make mortgage interest

payments, lease payments, and utility payments on behalf of Target Roofing.

In violation of 18 U.S.C. §§ 1014 and 2.

COUNTS THREE AND FOUR
(Illegal Monetary Transaction)

1. Paragraphs 1 through 9 of Part A of Count One of this

Superseding Indictment are realleged and incorporated by reference as if fully

set forth herein.

2. On or about the date set forth below, in the Middle District of

Florida, and elsewhere, the defendant,

CASEY DAVID CROWTHER,

did knowingly engage and attempt to engage in the described monetary

transaction, in and affecting interstate and foreign commerce, in criminally

derived property of a value greater than $10,000, such property having been

derived from specified unlawful activity, that is, bank fraud, in violation of 18

u.s.c § 1344:

8
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 9 of 19 PageID 109

COUNT DATE MONETARY TRANSACTION

Defendant caused $100,000 to be
transmitted, via wire, from the Lender
April 21, 2020
THREE account ending in 6781 in the name of
Target Roofing to S.A. in connection with
a $722,474.00 promissory note.
Defendant caused $689,417.00 to be
transmitted, via wire, from the Lender
FOUR April 24, 2020 account ending in 6781 in the name of
Target Roofing to Sara Bay Marina in
connection with defendant's purchase of a
40' Invincible Catamaran boat.

In violation of 18 U.S.C. §§ 1957 and 2.

COUNT FIVE
(Bank Fraud)

A. Introduction

At all times material to this Superseding Indictment:

1. Paragraphs 1 and 2 of Part A of Count One of this Superseding

Indictment are realleged and incorporated by reference as if fully set forth

herein.

2. Casey David Crowther had personal and business accounts,

along with a line of credit account, with the Lender, including a bank account

ending in 8841, over which he had signatory authority.

3. The Mortgage Broker was headquartered in Grand Rapids,

Michigan, with offices in the Middle District of Florida and elsewhere. The

Mortgage Broker was in the business of assisting borrowers in obtaining loans

9
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 10 of 19 PageID 110

to purchase residential homes and other.property, including by connecting

borrowers with lenders and assisting borrowers in completing and submitting

loan applications to lenders. The Mortgage Broker also referred to itself as a

loan originator.

4. The Mortgage Lender was a financial institution and mortgage

lending business, as defined in 18 U.S.C. §§ 20 and 27, headquartered in

Atlanta, Georgia, with an office in the Middle District of Florida. The

Mortgage Lender offered mortgages to individuals and entities seeking to

purchase real property. The Mortgage Lender relied upon information and

documents provided to it by the borrower to determine whether to offer the

borrower a mortgage, including the information contained in the Uniform

Residential Loan Application.

5. A Uniform Residential Loan Application ("URLA"), commonly

referred to as a mortgage loan application, was generally utilized by lending

institutions and other lenders in the mortgage loan approval process. The

URLA was designed to be completed by the applicant borrower with the

lender's assistance and, if applicable, the broker's assistance and required the

borrower to truthfully provide to the lender various types of material

information, including employment information, monthly income, detailed

financial information (including assets and liability information), and other

10
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 11 of 19 PageID 111

specifics of the residential property transaction, such as the purchase price and

whether the borrower would use the property as a primary residence,

secondary residence, or an investment. Each prospective borrower is required

to sign the URLA under penalty of perjury and pledge that the information is

true and correct.

6. The Title Company was a real estate title and escrow company

headquartered and with offices in the Middle District of Florida.

7. The Residence was real property located at 3653 San Carlos Dr.,

Saint James City in Lee County, in the Middle District of Florida.

B. The Scheme to Defraud

8. Starting in or about May 2020, and continuing through and

including the date of this Superseding Indictment, in the Middle District of

Florida, and elsewhere, the defendant,

CASEY DAVID CROWTHER,

did knowingly and intentionally execute, and attempt to execute, a scheme

and artifice to defraud a financial institution, and to obtain monies, funds,

credits, assets, and other property owned by, and under the custody and

control of, a financial institution, by means of materially false and fraudulent

pretenses, representations and promises.

11
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 12 of 19 PageID 112

C. Manner and Means of the Scheme

9. The ma1:1Iler and means by which the defendant sought to

accomplish the scheme and artifice to defraud included, among others, the

following:

a. It was part of the scheme and artifice to defraud that the

defendant would and did complete or cause to be completed URLAs, which

included false and fraudulent information concerning the defendant's source

of down payment and liquid assets in a bank account ending in 8841 held by

the defendant with the Lender.

b. It was further part of the scheme and artifice to defraud that the

defendant would and did sign URLAs, which were dated June 25, 2020 and

July 31, 2020, and which acknowledged under penalty of perjury that the

information contained in the URLA was true and correct.

c. It was further part of the scheme and artifice to defraud that the

defendant would and did submit or cause to be submitted completed false and

fraudulent URLAs to the Mortgage Lender and the Mortgage Broker.

d. It was further part of the scheme and artifice to defraud that the

defendant would and did create and cause to be created false and fraudulent

bank statements for a bank account ending in 8841 held by the defendant with

the Lender, which purported to show the defendant had more assets than he

12
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 13 of 19 PageID 113

actually had.

e. It was part of the scheme and artifice to defraud that the

defendant would and did submit and cause the submission of false and

fraudulent bank statements to the Mortgage Lender and Mortgage Broker for

the purpose of misrepresenting the defendant's liquid assets and

misrepresenting the source of the down payment for the purchase of the

Residence.

f. It was further part of the scheme and artifice to defraud that the

defendant would and did submit and cause the submission of materially false

and fraudulent bank statements to the Mortgage Lender for the purpose of

influencing the Mortgage Lender's approval of a mortgage loan for the

purchase of the Residence.

g. It was further part of the scheme and artifice to defraud that the

defendant's materially false, fraudulent, and misleading representations would

and did cause the Mortgage Lender to approve the mortgage loan and disburse

approximately $640,381.21 to the Title Company for the defendant's purchase

of the Residence.

h. It was further part of the scheme and artifice to· defraud that the

defendant would and did misrepresent, hide, and conceal, and cause to be

misrepresented, hidden, and concealed, the purpose of acts performed in

13
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 14 of 19 PageID 114

furtherance of the scheme to defraud.

D. Execution of the Scheme

10. Starting in or about May 2020, and continuing through and

including the date of this Superseding Indictment, in the Middle District of

Florida and elsewhere, the defendant,

CASEY DAVID CROWTHER,

knowingly executed the aforesaid scheme and artifice to defraud, by

submitting false and fraudulent URLAs and false and fraudulent supporting

bank statements in order to receive a mortgage from the Mortgage Lender, a

financial institution and mortgage lending business, which caused the

disbursement of approximately $640,381.21 in mortgage loan funds to be

made for the purchase of the Residence.

All in violation of 18 U.S.C. §§ 1344 and 2.

COUNT SIX
(False Statement to Lending Institution)

1. Paragraphs 1 through 7 of Part A of Count Five of this

Superseding Indictment are realleged and incorporated by reference as if fully

set forth herein.

2. On or about July 31, 2020, in the Middle District of Florida and

elsewhere, the defendant,

CASEY DAVID CROWTHER,

14
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 15 of 19 PageID 115

knowingly made a false statement, for the purpose of influencing the actions of

the Mortgage Lender, a mortgage lending business, in connection with a

URLA, in that the defendant represented he had approximately $1,071,696.00

in liquid assets in an account with the Lender which would be used as the

source of his down payment; when in truth and in fact, as the defendant well

knew, he q.id not have sufficient liquid assets in the account to cover the down

payment and that he would draw from a line of credit with the Lender to fund

the down payment for the purchase of the Residence.

In violation of 18 U.S.C. §§ 1014 and 2.

COUNT SEVEN
(Illegal Monetary Transaction)

1. Paragraphs 1 through 7 of Part A of Count Five of this

Superseding Indictment are realleged and incorporated by reference as if fully

set forth herein.

2. On or about July 31, 2020, in the Middle District of Florida, and

elsewhere, the defendant,

CASEY DAVID CROWTHER,

did knowingly engage and attempt to engage in the described monetary

transaction, in and affecting interstate and foreign commerce, in criminally

derived property of a value greater than $10,000, such property having been

derived from specified unlawful activity, that is, bank fraud, in violation of 18

15
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 16 of 19 PageID 116

U.S.C § 1344, that is the Defendant caused $640,381.21 to be transmitted, via

wire, by the Mortgage Lender to the Title Company's escrow account ending

in 4800, in connection with the defendant's purchase of the Residence.

In violation of 18 U.S.C. §§ 1957 and 2.

FORFEITURE

1. The allegations contained in Counts One through Seven are

incorporated by reference for the purpose of alleging forfeiture pursuant to 18

U.S.C. §§ 982(a)(l) and (a)(2)(A).

2. Upon conviction of a violation of 18 U.S.C §§ 1014, and/or

1344, the defendant,

CASEY DAVID CROWTHER,

shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2)(A), any

property constituting, or derived from, proceeds obtained directly or

indirectly, as a result of such violation.

3. Upon conviction of a violation of 18 U.S.C. § 1957, the

defendant,

CASEY DAVID CROWTHER,

shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(l), any

property, real or personal, involved in such offense, or any property traceable

to such property.

16
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 17 of 19 PageID 117

4. The property to be forfeited includes, but is not limited to, the

following:

a. an order of forfeiture in the amount of approximately

$2,098,700.00, which represents the proceeds obtained

from the offenses; and

b. a 2020 40' Invincible Catamaran, Hull ID#

IVBC0076D920, registered to and owned by Casey

Crowther; and

c. the real property located at 3653 San Carlos Dr., Saint

James City, Florida 33956 including all improvements

thereon and appurtenances thereto, the legal description

for which is as follows:

Lot 19, Block F, of that certain subdivision known as

Bayview Acres, according to the map or plat thereof on file

and recorded in the office of the Clerk of the Circuit Court

of Lee County, Florida, in Plat Book 11, at Pages 100 and

101.

Parcel ID Number: 02-46-22-11-0000F.0190

5. If any of the property described above, as a result of any

act or omission of the defendant:

17
Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 18 of 19 PageID 118

a. cannot be located upon the exercise of due diligence;

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

party;

c. has been placed beyond the jurisdiction of the Court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be

divided without difficulty,

the United States shall be entitled to forfeiture of substitute property under the

provisions of 21 U .S.C § 853(p), as incorporated by 18 U.S.C § 982(b)(l).

A TRUE BILL,

MARIA CHAPA LOPEZ
United States Attorney

By :
Trenton J. Reichling
Assistant United States Attorney

By: -~
us M. Casas
ssistant United States Attorney
Chief, Fort Myers Division

18
FORMOBD-34
October 20 No. 2:S20-cr-114-FtM-66MRM

Case 2:20-cr-00114-JLB-MRM Document 32 Filed 10/28/20 Page 19 of 19 PageID 119
UNITED STATES DISTRICT COURT
Middle District of Florida
Fort Myers Division

THE UNITED STATES OF AMERICA

vs.

CASEY DAVID CROWTHER

SUPERSEDING INDICTMENT

Violations: 18 U.S.C. § 1344,
18 U.S.C. § 1014, and
18 u.s.c. § 1957.

A true bill,

~&~
.J}oreperson

Filed in open court this 28th day

of October, 2020.

Clerk

Bail$- - - - - - -

GP0863S2S

File and source

File: 32.pdf
Size: 295,759 bytes
SHA-256: d2a3a3da78882620c09d341a607210cbac3888cdf2941e30b696636ac103042e
Our copy: 32.pdf
Original: No public link identified.