Source: Office of United States Attorneys
CHARLESTON, S.C. — Three brothers have been sentenced to federal prison after pleading guilty to wire fraud conspiracy and wire fraud. Two brothers, William Chan, 40, and Siu Chan, 32, both of Georgia, pleaded guilty to a wire fraud conspiracy. The third brother, Ka Ho Chan, 33, who also resides in Georgia, pleaded guilty to two counts of wire fraud. The brothers, along with other family members, operate a string of restaurants in the Charleston area.
Evidence obtained in the investigation revealed that beginning in March 2020, the Chan brothers applied for Paycheck Protect Program (PPP) and Emergency Injury Disaster Loans (EIDL) funds using false representations and fraudulent documentation.
The evidence presented for William and Siu Chan revealed that at least 22 PPP and EIDL loans were applied for and received totaling more than $2.5 million. The investigation further revealed that a handful of the loans applied for by William and Siu were legitimate applications but the funds we not used for legitimate business purposes once funded. For example, the Government uncovered evidence that the brothers used PPP and EIDL loan funds to make personal car purchases and pay personal credit card expenses.
Ka Ha Chan pleaded to a separate information charging him with wire fraud for an EIDL loan and grant he received. Moreover, in Ka Ha Chan’s plea agreement, he agreed to a restitution figure between $300,000 to $350,000 based on his receipt of fraudulent loan proceeds applied for by his brothers during their conspiracy. The evidence revealed that all the funds received by Ka Ho, though his own wire fraud scheme, and the funds he received from his brothers were not used for legitimate business purposes and were used for personal expenses, such as vehicle purchases and personal credit cards.
“These defendants exploited a program intended to help struggling businesses during a critical time. Their greed led them to defraud the government and taxpayers, diverting millions of dollars intended for legitimate economic relief,” said Acting U.S. Attorney Brook B. Andrews for the District of South Carolina. “This sentencing sends a clear message: those who attempt to profit from pandemic aid through fraud will be held accountable.”
“We will not tolerate those who exploit programs designed to support small businesses, and these defendants are now facing the consequences for their actions,” said Steve Jensen, Special Agent in Charge of the FBI Columbia field office. “The FBI remains committed to identifying, investigating, and holding accountable those who attempt undermine our financial institutions for personal gain.”
United States District Richard M. Gergel sentenced William Chan to 24 months imprisonment, to be followed by a three-year term of court-ordered supervision. Siu Chan was sentenced to 24 months imprisonment, to be followed by a three-year term of court-ordered supervision. Ka Ho Chan was sentenced to 12 months and one day imprisonment, to be followed by a three-year term of court-ordered supervision.
There is no parole in the federal system. The total amount of fraudulent loans and misuse of EIDL and PPP loan funds presented to the court during sentencing exceeded $2.8 million. In advance of sentencing, efforts had been made by the brothers to pay restitution. As a result, the outstanding restitution owed in the amount of $1,268,386.50 was ordered.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This case was investigated by the FBI Columbia Field Office and Small Business Administration. Assistant U.S. Attorney Amy Bower is prosecuting the case.
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