Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 1 of 23 FILED IN OPEN COURT U.S.D.C.-Atlanta IN THE UNITED STATES DISTRICT COURT 1 2 202' FOR THE NORTHERN DISTRICT OF GEORGIA H^TTEN<CJ^rk ATLANTA DIVISION 5Tity Clerk UNITED STATES OF AMERICA V. Criminal Indictment RODERICQUE JARMAINE 1 1 THOMPSON A/K/A RODRIQUEZ THOMPSON/ RODRICQUE THOMAS/ JAMMIGE TROY THOMASON, JAMMIE TROY THOMPSON, JUNIOR THOMPSON MlCAH K. BAISDEN TRAVIS C. CROSBY KEITH A. MALONEY, JR. TABRONX W. SMITH THOMAS D. WlLSON THE GRAND JURY CHARGES THAT: Background At times relevant to this Indicbaient: The Defendants and Related Entities 1. RODERICQUE JARMAINE THOMPSON A/ K/ A RODRIQUEZ THOMPSON/ RODRICQUE THOMAS, JAMMIGE TROY THOMASON, JAMMIE TROY THOMPSON, JUNIOR THOMPSON ("THOMPSON") was an individual residing in the Northern District of Georgia. Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 2 of 23 2. MICAH K. BAISDEN (//BAISDEN//) was an individual residing in the Northern District of Georgia who claimed sole ownership of PowerHouse Sports Academy/ LLC (//PowerHouse//)/ a Georgia Limited Liability Company. 3. TRAVIS C. CROSBY ("CROSBY") was an individual residing in the District of South Carolina who claimed sole ownership of Faithful Transport Services, LLC ("Faithful")/ a South Carolina Limited Liability Company. 4. KEITH A. MALONEY/ JR. (//MALONEY//) was an individual residing in the District of South Carolina who claimed sole ownership of KMJ Transport/ LLC ( KMJ )/ a South Carolina Limited Liability Company. 5. TABRONX W. SMITH ("SMITH") was an individual residing in the Northern District of Georgia who claimed sole ownership of Market Yourself, LLC ("Market Yourself"), a Georgia Limited Liability Company. 6. THOMAS D. WILSON (//WILSON//) was an individual residing in the Northern District of Georgia who claimed sole ownership of Rare Breed Nation/ LLC ("Rare Breed"), a Georgia Limited Liability Company. Additional Co-Conspirators 7. Antonio D. Hosey ( Hosey ) was an individual residing in the Northern District of Georgia. The Small Business Administration 8. 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 mamtam and strengthen the nation s economy by enabling the establishment and viability Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 3 of 23 of small businesses and by assisting in the econonuc recovery of communities after disasters. 9. 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. The Pay check Protection Program 10. The Coronavirus Aid, Relief/ and Economic Security ("CARES") Act was a federal law enacted in or about March 2020 and was designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. 11. One source of relief that the CARES Act provided for was the authorization of up to $349 billion in forgivable loans to small businesses for payroll, mortgage interest, rent/lease, and utilities, through a program referred to as the Paycheck Protection Program (//PPP//). In April 2020, Congress authorized up to $310 billion in additional PPP funding. 12. The PPP aUowed qualifying small businesses and other organizations to receive PPP loans. Businesses must use PPP loan proceeds for payroll costs/ interest on mortgages/ rent/ and utilities. The PPP allowed the interest and principal on the PPP loan to be entirely forgiven if the business spent the loan proceeds on these expense items within a designated period of time and used a certain percentage of the PPP loan proceeds for payroll expenses. Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 4 of 23 13. The amount of a PPP loan that a smaU business may have been entitled to receive was determined by the number of employees employed by the business and the business/s average monthly payroll costs. 14. In order to obtain a PPP loan/ a qualifying business was required to 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, the small business (through its authorized representative) had to state/ among other tMngs, 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 had to provide documentation showing their payroll expenses. 15. The SBA oversaw the PPP. However, individual PPP loans were issued by private, approved lenders who received and processed PPP applications and supporting documentation/ and then made loans using the lenders7 own funds, which were 100% guaranteed by the SBA. Data from the application/ including information about 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. Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 5 of 23 Relevant Entities 16. Financial Institution 1 was a Federal Deposit Insurance Corporation (//FDIC//) insured financial institution headquartered in Fort Lee/ New Jersey. Financial institution 1 participated in the PPP as a lender, and as such, was authorized to lend funds to eligible borrowers under the terms of the PPP. 17. Financial Institution 2 was an FDIC-insured financial institution headquartered in Salt Lake City, Utah. Financial Institution 2 participated in the PPP as a lender/ and as such/ was authorized to lend funds to eligible borrowers under the terms of the PPP. 18. Company 1 paired PPP applicants with lenders by collecting applications, performing underwriting tasks/ and submitting approved applications to SBA-approved lenders such as Financial Institutions 1-2 for funding. 19. Bank 1 was an FDIC-insured financial institution based in San Francisco/ CaUfomia with branches throughout the United States. 20. Bank 2 was an FDIC-insured fmancial institution based in Charlotte/ North Carolina with branches throughout the United States. 21. Bank 3 was an FDIC-insured financial institution based in Vienna/ Virginia with branches throughout the United States. 22. Bank 4 was an FDIC-msured financial institution based in Charlotte, North Carolina with branches throughout the United States. Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 6 of 23 The Scheme to fraudulently Obtain PPP Loans 23. THOMPSON recruited BAISDEN/ CROSBY, MALONEY/ WILSON/ SMITH/ and others known and unknown to the Grand Jury/ to obtain PPP loans that they were not eligible to receive. 24. Under THOMPSON'S direction, BAISDEN/ CROSBY/ MALONEY/ WILSON/ and SMITH, each knowingly submitted/ and assisted in the submission of an SBA Form 2483 PPP Loan Application to Banks 1-4, through Company 1, that THOMPSON had partially completed/ bearing their respective signatures, and containing false and fraudulent information about their respective businesses, as set forth in the chart below. Amount of # of Monthly Approx. Date DefendanVBusiness Loan Employees Payroll Lender of Submission Requested Indicated Indicated Financial MALONEY/KMJ May 4/2020 $300/000 16 $120/000 Institution 1 SMTTH/Market Financial May 6, 2020 $300,000 16 $120/000 Yourself Lastitution 2 Financial WlLSON/Rare Breed May 8/ 2020 $300,000 16 $120,000 Institution 1 Financial CROSBY/Faithful May 16,2020 $300/000 16 $120/000 Institution 1 Financial BAISDEN/ PowerHouse May 20, 2020 $300/000 16 $120/000 Institution 1 25. As set forth in the chart below/ included with each loan application were false and fraudulent IRS Form 941s (Employer s Quarterly Federal Tax Returns) for each business/ which falsely reflected that the business had paid wages/ tips/ and other compensation of $358,819.00 to 16 employees in the quarter(s) indicated. 6 Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 7 of 23 Ql 2019 Q2 2019 Q3 2019 Q4 2019 Defendanl/Business Jan-Mar Apr - Jun Jul - Sep Oct - Dec MALONEY/KMJ $358,819.00 $358/819.00 $358/819.00 $358,819.00 SMlTH/Market Yourself N/A $358/819.00 N/A N/A WlLSON/Rare Breed N/A $358/819.00 N/A N/A CROSBY/Faithful $358/819.00 N/A N/A N/A BAISDEN/ Powerhouse $358,819.00 $358,819.00 $358/819.00 N/A 26. Based on the false and fraudulent representations and submissions in the PPP loan applications, the IRS Form 941s (Employer's Quarterly Federal Tax Returns), and other supporting documentation, submitted by BAISDEN, CROSBY/ MALONEY/ WILSON/ and SMITH/ with THOMPSON'S assistance and direction/ Financial Institutions 1-2 funded the requested PPP loans as follows: Approximate Date Amount of PPP Location of Defendanl/Business Funded Loan Deposit Account MALONEY/KMJ May 4/2020 $300,000 BankS SMFTH/Market Yourself May 6,2020 $300/000 Bank3 WlLSON/Rare Breed May 8/ 2020 $300/000 Bank 4 CROSBY/Faithful May 16,2020 $300/000 Bank 2 BAlSDEN/PowerHouse May 20, 2020 $300/000 Bank 1 27. BAISDEN, CROSBY, MALONEY/ WILSON/ and SMITH had agreed to pay THOMPSON a percentage of the loan amount, after the funds were deposited into their respective businesses checking accounts at Banks 1-4. 28. After the PPP loan funds were deposited in their respective businesses' checking accounts at Banks 1-4, BAISDEN/ CROSBY/ MALONEY/ WILSON, and SMITH, acting in part on instructions from THOMPSON, 7 Case 1:21-cr-00011-UNA Document 1 Filed 01/12/21 Page 8 of 23 used the PPP loan funds for non-qualifying, non-business-related purposes, including by making checks out to individuals who did not work for their respective businesses, in violation of the terms of the PPP loan program.