United States v. Eric Shibley Motion to Substitute United States Small Business Administration for Lenders (No. 2:20-cr-00174, W.D. Wash., Doc. 190)
Summary
Government motion filed 07/09/24 in United States v. Eric Shibley, CR20-174-JCC, Western District of Washington, to substitute the Small Business Administration for lenders Customers Bank and Huntington Bank as restitution payees. Shibley was ordered to pay $1,438,000.00 in restitution: $960,000 to Customers Bank, $200,000 to Huntington Bank and $278,000 to the SBA. As of May 20, 2024 the clerk had disbursed $937,928.79, leaving $500,071.21 outstanding, and the SBA had paid both lenders for their full losses.
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Case 2:20-cr-00174-JCC Document 190 Filed 07/09/24 Page 1 of 3
1 The Hon. John C. Coughenour
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7 UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE
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10 UNITED STATES OF AMERICA, No. CR20-174-JCC
11 Plaintiff,
MOTION TO SUBSTITUTE
12 UNITED STATES SMALL BUSINESS
v.
ADMINISTRATION FOR LENDERS
13
ERIC SHIBLEY,
14 NOTE ON MOTION CALENDAR:
Defendant July 21, 2024
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17 On March 8, 2022, the Court sentenced Eric Shibley to 48 months of
18 imprisonment, to be followed by three years of supervised release. Dkt. Nos. 151 - 152,
19 159. The Court ordered Mr. Shibley to pay restitution of $1,438,000.00 to his victims and
20 a special assessment in the amount of $1,500. Dkt. No. 159. The Amended Judgment
21 reflects restitution as set forth in the table below:
22 Name of Payee Restitution Ordered
23 Customers Bank $960,000
24 Huntington Bank $200,000
25 Small Business Administration $278,000
26 $1,438,000
27 Id.
Motion to Substitute SBA for Lenders - 1 UNITED STATES ATTORNEY
United States v. Shibley, CR20-174-JCC 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00174-JCC Document 190 Filed 07/09/24 Page 2 of 3
1 According to the Case Inquiry Report provided by the Clerk’s Office, as of
2 May 20, 2024, the Clerk’s Office has disbursed $937,928.79 in restitution:
3 Outstanding
Restitution Amount Disbursed
Name of Payee Balance for
4 Ordered by Clerk’s Office
Restitution
5 Customers Bank $960,000 $776,216.93 $183,783.07
6 Huntington Bank $200,000 $161,711.86 $38,288.14
7 Small Business Administration $278,000 $0.00 $278,000.00
$937,928.79 $500,071.21
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9 The United States Small Business Administration (SBA) has notified the United
10 States Attorney that it has paid lenders Customers Bank and Huntington Bank for the full
11 amount of their losses. Accordingly, the United States requests the Court substitute the
12 SBA for victim lenders Customers Bank and Huntington Bank so that all future
13 disbursements toward the outstanding restitution balances will be directed to the SBA.
14 A proposed order is submitted herewith.
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16 DATED this 9th day of July, 2024.
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18 Respectfully submitted,
TESSA M. GORMAN
19 United States Attorney
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s/Krista K. Bush
22 KRISTA K. BUSH
23 Assistant United States Attorney
United States Attorney’s Office
24 700 Stewart Street, Suite 5220
Seattle, WA 98101
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(206) 553-2242
26 Krista.Bush@usdoj.gov
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Motion to Substitute SBA for Lenders - 2 UNITED STATES ATTORNEY
United States v. Shibley, CR20-174-JCC 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00174-JCC Document 190 Filed 07/09/24 Page 3 of 3
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2 CERTIFICATE OF SERVICE
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4 I hereby certify that on July 9, 2024, I electronically filed the foregoing with the
5 Clerk of the Court using the CM/ECF system, which will send notification of such filing
6 to the parties of record.
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9 s/Hannah G. Williams
HANNAH G. WILLIAMS
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FSA Supervisory Paralegal, Contractor
11 United States Attorney’s Office
700 Stewart Street, Suite 5220
12 Seattle, Washington 98101
13 (206) 553-2242
Hannah.Williams2@usdoj.gov
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Motion to Substitute SBA for Lenders - 3 UNITED STATES ATTORNEY
United States v. Shibley, CR20-174-JCC 700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
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