Superseding Information, United States v. Pierre Rogers (District of New Hampshire, October 13, 2022)
Summary
A Superseding Information against Pierre Rogers, dated October 12, 2022 and filed October 13, 2022 as Document 38 in Case 1:22-cr-00074-PB, in the U.S. District Court for the District of New Hampshire. Count One charges that from on or about March 30, 2020 through on or about November 23, 2021, Rogers and co-conspirator Joshua Leavitt conspired to commit bank fraud and wire fraud, under 18 U.S.C. §§ 1349, 1344, 1343. It alleges that the defendant or Leavitt provided or caused false supporting documents, including false tax filings, to be provided to TD Bank for PPP loan applications, and false financial information to be provided to the SBA for EIDL applications. It alleges that the loan applications containing false financial information totaled at least $3.5 million. The information is signed /s/ by Special Assistant U.S. Attorney Alexander S. Chen.
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“Superseding Information, United States v. Pierre Rogers (District of New Hampshire, October 13, 2022).”
Original at ecf.nhd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/superseding-information-usa-v-rogers-et-al-dkt-38-667b23dfa5/
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Case 1:22-cr-00074-PB Document 38 Filed 10/13/22 Page 1 of 5
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UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
)
UNITED STATES OF AMERICA )
) Criminal Case No. l:22-cr-74-PB-01
V. )
) Count 1: Conspiracy to Commit Bank Fraud
PIERRE ROGERS, ) and Wire Fraud
) (18U.S.C. §§ 1349, 1344, 1343)
Defendant )
)
SUPERSEDING INFORMATION
The United States Attorney charges:
Background
At all times material to this Superseding Information:
1. TD Bank was a financial institution as defined by Title 18, United States Code,
Section 20. the deposits of which were insured by the Federal Deposit Insurance Corporation
(“FDIC”).
2. The defendant, PIERRE ROGERS, was a resident of New Hampshire, until on or
around July 23, 2021, when he became a resident of California.
3. His co-conspirator, JOSHUA LEAVITT, was a resident of New Hampshire.
4. Monticello Transnational, Puro Trader (d/b/a Yahyn), Puro Lounge, Puro Group,
and Sunju (collectively, the “Companies’") were corporate entities with business addresses or
operations in New Hampshire.
5. At all relevant times, PIERRE ROGERS owned or controlled Sunju and
Monticello Transnational.
6. At all relevant times, PIERRE ROGERS and JOSHUA LEAVITT owned or
controlled Puro Trader, Puro Lounge, and Puro Group.
Case 1:22-cr-00074-PB Document 38 Filed 10/13/22 Page 2 of 5
CARHS Act Payroll Protection Program
7. The United States Small Business Administration (“SBA”)is an executive-
branch agency of the United States government that provides support to entrepreneurs and small
businesses.
In or around March 2020, the Coronavirus Aid, Relief, and Economic Security
('‘CARES'') Act was enacted to provide emergency financial assistance to the millions of
Americans suffering adverse economic effects caused by the COVID-19 pandemic. The CARES
Act established several new temporary programs and expanded existing programs, including
programs created or administered by the SBA.
9. One source of relief provided by the CARES Act was the authorization of
forgivable loans to small businesses forjob retention and certain other expenses, through a
program referred to as the Paycheck Protection Program (“PPP").
10. To obtain a PPP loan, the authorized representative of a business was required to
state the business’s average monthly payroll expenses and number of employees. These figures
were used to calculate the amount of money the small business was eligible to receive under the
PPP.
11. A participating lender would then process the PPP loan application. Ifthe PPP
loan application was approved, the participating lender funded the PPP loan using its own
monies, which were fully guaranteed by the SBA.
12. TD Bank participated in the PPP as a lender to small businesses.
CARES Act Economic Injury Disaster Loan Program
and Economic Injury Disaster Grants
13. The Economic Injury Disaster Loan (“EIDL”) program was another source of
financial assistance provided by the CARES Act. It provided low-interest financing to small
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Case 1:22-cr-00074-PB Document 38 Filed 10/13/22 Page 3 of 5
businesses, renters, and homeowners in regions affected by declared disasters. The EIDL
program was administered by the SBA.
14. The CARES Act authorized the SBA to provide ETDLs to eligible small
businesses experiencing substantial financial disruptions due to the COVID-19 pandemic. In
addition, the CARES Act authorized the SBA to issue advances of up to $10,000 to small
businesses, known as Economic Injury Disaster Grants (EIDGs). The amount of the advance
was determined by the number of employees the applicant certified having. The advances did
not need to be repaid.
15. To obtain an EIDL and/or EIDG,a qualifying business was required to apply to
the SBA and provide information about its operations, such as the number of employees and the
entity’s gross business revenues and cost of goods sold in the 12 months prior to January 31,
2020. The amount of the loan, if approved, was determined based, in part, on the information
provided concerning the number of employees, gross revenue, and cost of goods.
16. Any funds issued under an EIDL or EIDG were issued directly by the SBA.
EIDL funds could be used for payroll expenses, sick leave, production costs, and business
obligations, such as debts, rent, and mortgage payments.
17. EIDL and EIDG applications were received by a cloud-bascd platform through a
server located in Des Moines, Iowa.
COUNT ONE
Conspiracy to Commit Bank Fraud and Wire Fraud
[18 U.S.C. §§ 1349, 1344, and 1343]
18. Paragraphs 1 through 17 are realleged.
19. Between on or about March 30, 2020, and continuing through on or about
November 23, 2021, in the District of New Hampshire and elsewhere, the defendant and Joshua
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Case 1:22-cr-00074-PB Document 38 Filed 10/13/22 Page 4 of 5
Leavitt conspired, confederated, and agreed with each other to commit bank fraud in violation of
Title 18, United States Code, Section 1344 and wire fraud in violation of Title 18, United States
Code, Section 1343 to fraudulently obtain funds made available under the CARES Act.
20. As part of and in furtherance of their agreement, from about April 2020 through
January 2021, the defendant or Leavitt provided or caused false supporting documents to be
provided to TD Bank in conneetion with the Companies’ PPP loan applications. The false
supporting documents, including false tax filings, overstated the Companies’ payroll and
earnings. Because the amount of a PPP loan was based, in part, on a loan applicant’s monthly
payroll, the Companies obtained larger PPP loans than they were eligible to receive. TD Bank
relied, in part, on the fraudulent documents in making determinations about whether to approve
the loans.
21. Additionally, as part of and in furtherance of the conspiracy from about March
2020 through November 2021, the defendant or Leavitt provided or caused false financial
information to be provided to the SBA in connection with the Companies’ EIDL applications.
The EIDL applications sometimes also included false supporting documents, including false tax
filings, that overstated the Companies’ payroll and earnings. The SBA relied, in part, on the
fraudulent representations in making determinations about whether to approve the loans.
22. The total value of the loan applications to TD Bank and the SBA which included
false financial information about the Companies was at least $3.5 million.
23. All in violation of Title 18, United States Code, Section 1349.
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Case 1:22-cr-00074-PB Document 38 Filed 10/13/22 Page 5 of 5
Dated: October 12, 2022 JANEE. YOUNG
UNITED STATES ATTORNEY
By: /s/ Alexander S. Chen
Alexander S. Chen
Special Assistant U.S. Attorney
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