Superseding Indictment, United States v. Alexander Alli (M.D. Fla., September 13, 2023)

Summary

A superseding indictment filed September 13, 2023 as Document 46 in United States v. Alexander Alli, Case No. 8:23-cr-00024-CEH-SPF, in the U.S. District Court for the Middle District of Florida, Tampa Division. Count One charges conspiracy to commit wire fraud under 18 U.S.C. § 1349 between about April 2020 and about July 2020, alleging an EIDL application and loan agreement that misstated the business name, address, gross revenue, number of employees and cost of goods, claimed economic injury from COVID-19 and stated the defendant was a U.S. citizen. Counts Two and Three charge wire fraud under 18 U.S.C. §§ 1343 and 2 for a loan agreement submitted 7/23/20 and a wire transfer of $80,400 in EIDL funds on 7/27/20. The forfeiture allegation seeks the $80,400.

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SEP 13 2023 py:
FILED - ysSpe - ai Og
UNITED STATES OF AMERICA

V. CASE NO. 8:23-cr-00024-CEH-SPF
18 U.S.C. § 1349
ALEXANDER ALLI . 18 U.S.C. § 1343
SUPERSEDING INDICTMENT
The Grand Jury charges:
COUNT ONE
(Conspiracy)

A. Introduction

At times relevant to this Superseding Indictment:

1. Defendant ALEXANDER ALLI resided in the Middle District of
Florida.

2. In or around March 2020, the President declared the ongoing
Coronavirus Disease 2019 (“COVID-19”) pandemic of sufficient severity and
magnitude to warrant an emergency declaration for all states, tribes, territories, and
the District of Columbia pursuant to section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. § 5121-5207. The President also
signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act

and the Families First Coronavirus Response Act.
Case 8:23-cr-00024-CEH-SPF Document 46 Filed 09/13/23 Page 2 of 8 PagelD 74

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.

4, The SBA enabled and provided for loans through banks, credit unions,
and other lenders. These loans had government-backed guarantees. In addition to
traditional SBA funding programs, the CARES Act established several new
temporary programs and provided for the expansion of others to address the
COVID-19 outbreak, which was declared a nationwide disaster by the President on
or about March 13, 2020.

5. One government response to the COVID-19 outbreak was an expansion
of an existing disaster-related program—the Economic Injury Disaster Loan
(“EIDL”)—to provide for loan assistance for small businesses and other eligible
entities for loans up to $2 million. The EIDL proceeds could be used to pay certain
qualifying expenses (i.e., fixed debts, payroll, accounts payable, and other bills) that
could have been paid had the disaster not occurred.

6. EIDL funds were issued directly from the United States Treasury, and
applicants applied through the SBA via an online portal and application. The EIDL
application process collected information concerning the business and the business
owners. Applicants electronically certified that the information provided was
accurate and were warned that any false statement or misrepresentation to the SBA
or any misapplication of loan proceeds may result in sanctions, including criminal

penalties. Applicants also completed loan agreements with the SBA.
Case 8:23-cr-00024-CEH-SPF Document 46 Filed 09/13/23 Page 3 of 8 PagelD 75

B. The Conspiracy

7. Between in or around April 2020 and in or around July 2020, in the
Middle District of Florida and elsewhere, the defendant,
ALEXANDER ALLI,
did knowingly and voluntarily combine, conspire, confederate, and agree with
others, both known and unknown to the Grand Jury, to commit wire fraud, in
violation of 18 U.S.C. § 1343.

C. Manner and Means of the Scheme and Artifice

8. The manner and means by which the conspirators sought to accomplish
the scheme and artifice included, among others, the following:

a. It was part of the conspiracy that conspirators would and did
prepare and submit, and cause to be prepared and submitted, a materially false and
fraudulent application and loan agreement via the Internet to the SBA EIDL
program, which program was tailored to provide benefits and relief to businesses and
workers negatively impacted by the COVID-19 pandemic.

b. It was part of the conspiracy that, in order to induce the SBA to
fund an EIDL, the conspirators would and did prepare and submit, and cause to be
prepared and submitted, a false and fraudulent application and loan agreement to the
SBA that included multiple materially false and fraudulent representations and
pretenses, such as:

i. stating a business name, business address, gross revenue,

number of employees, and cost of goods, and falsely and
Case 8:23-cr-00024-CEH-SPF Document 46 Filed 09/13/23 Page 4 of 8 PagelD 76

fraudulently suggesting that the company was an operating
business at the time of the application and agreement;
li. claiming the business was suffering an economic injury due to
the COVID-19 disaster; and
ili. stating ALLI was a U.S. citizen.
9. It was part of the conspiracy that conspirators would and did cause the
SBA to send EIDL proceeds via an interstate wire transfer in the amount of $80,400
in EIDL funds, sent to a Financial Institution #1 account in ALLI’s name.

a. It was part of the conspiracy that conspirators would and did
spend the EIDL funds for unauthorized purposes and for their own personal
enrichment and the enrichment of others.

b. It was part of the conspiracy that conspirators would and did
perform acts, and make statements to promote and achieve the scheme and artifice
and to misrepresent, hide, and conceal, and cause to be misrepresented, hidden, and
concealed, the purpose of the scheme and artifice and the acts committed in
furtherance thereof.

All in violation of 18 U.S.C. § 1349.
Case 8:23-cr-00024-CEH-SPF Document 46 |. Filed 09/13/23 Page 5 of 8 PagelD 77

COUNTS TWO AND THREE
(Wire Fraud)

A. Introduction

1. The Grand Jury hereby realleges and incorporates by reference Section

A of Count One of this Superseding Indictment as if fully set forth herein.
B. The Scheme and Artifice

2. Between in or around April 2020 and in or around July 2020, in the

Middle District of Florida and elsewhere, the defendant,
ALEXANDER ALLI,
did knowingly and intentionally devise a scheme and artifice to defraud and for
obtaining money and property by means of materially false and fraudulent pretenses,
representations, and promises.
C. Manner and Means of the Scheme and Artifice

3. The Grand Jury hereby realleges and incorporates by reference Section

C of Count One of this Superseding Indictment as if fully set forth herein.

D. Execution of the Scheme and Artifice

4. On or about the dates listed below, in the Middle District of Florida and
elsewhere, the defendant,
ALEXANDER ALLI,
for the purpose of executing the aforesaid scheme and artifice, knowingly and
intentionally transmitted and caused to be transmitted by means of wire

communication in interstate and foreign commerce, the writings, signs, signals,
Case 8:23-cr-00024-CEH-SPF Document 46 Filed 09/13/23. Page 6 of 8 PagelD 78

pictures, and sounds, described below:

Submission of a loan agreement from Florida via the
Internet to servers outside of Florida

Wue transfer in the amount of $80,400 in EIDL funds
sent from outside of Florida to a Financial Institution #1
account in ALLI’s name within the
Middle District of Florida

TWO | 7/23/20

THREE | 7/27/20

All in violation of 18 U.S.C. §§ 1343 and 2.
FORFEITURE

1. The allegations contained in Counts One, Two, and Three are
incorporated by reference for the purpose of alleging forfeiture pursuant to 18 U.S.C.
§ 981(a)(1)(C) and 28 U.S.C. § 2461(c).

2. Upon conviction of a violation of 18 U.S.C. § 1343 or 18 U.S.C. § 1349,
the defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C)
and 28 U.S.C. § 2461(c), any property, real or personal, which constitutes or is
derived from proceeds traceable to the violation.

3. The property to be forfeited includes, but is not limited to, the $80,400

the defendant obtained as a result of the offense.

4. If any of the property described above, as a result of any act or omission
of the defendant:
a. cannot be located upon the exercise of due diligence;

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

Cc. has been placed beyond the jurisdiction of the court;
Case 8:23-cr-00024-CEH-SPF Document 46 Filed 09/13/23 Page 7 of 8 PagelD 79

d. has been substantially diminished in value; or

ce has been commingled with other property which cannot be
divided without difficulty,

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

21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c).

A. TRUE BILL,

Foreperson

ROGER B. HANDBERG
United States Attorney

Jennifer L. Peresie
Assistant United States Attorney

Rachelle DesVaux Bedke
Assistant United States Attorney
Chief, Economic Crimes Section
Case 8:23-cr-00024-CEH-SPF Document 46 Filed 09/13/23 Page 8 of 8 PagelD 80

FORM OBD-34
No.

UNITED STATES DISTRICT COURT
Middle District of Florida
Tampa Division

THE UNITED STATES OF AMERICA
vs.

ALEXANDER ALLI

INDICTMENT

Violations: 18 U.S.C. § 1349, 18 U.S.C. § 1343

A true bill,

Foreperson

Filed in open court this 13th day of September, 2023.

Clerk

Bail $

GPO 863 525


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