Category: USDJ National Center for Disaster Fraud

Source: United States Department of Justice (National Center for Disaster Fraud)

Seattle – A 30-year-old New York City man was sentenced today in U.S. District Court in Seattle to 42 months in prison for three counts of wire fraud and two counts of bank fraud related to his abuse of the COVID-19 Pandemic Paycheck Protection Program (PPP), announced U.S. Attorney Tessa M. Gorman. Donte McClellon was a resident of Seattle when he submitted falsified documents to obtain $500,948 in loan proceeds from three different financial institutions in May and June 2020. At today’s sentencing hearing U.S. District Judge Lauren King noted that the societal costs of these crimes are serious, saying that the crimes affected taxpayers and diverted funds from struggling small businesses. Judge King added that McClellon had never accepted responsibility for his crimes, and he used the money to fund investments and personal expenses.

“The negative effects of McClellon’s crime go beyond the financial loss. His fraudulent applications clogged an overtaxed application system and stole valuable resources from lending institutions working tirelessly to distribute money,” said U.S. Attorney Gorman. “McClellon even attempted to cut the line in front of actual small businesses. His fraud was not a one-time error in judgment, but rather a calculated attempt to take advantage of the relief systems set up for businesses struggling because of the COVID-19 pandemic.”

According to records filed in the case, McClellon used the names of three limited liability corporations he had once registered in the State of Washington to make his claims. Each of the entities, ‘Frostlake,’ ‘Cannonlake,’ and ‘Skylake’ LLC, had been inactive and showed no signs of business activity in any state or federal registries in the years leading up to the pandemic. Nevertheless, in May and June 2020, McClellon submitted Paycheck Protection Program applications claiming the entities each had as many as 13 employees and, in one case, gross receipts of more than $1.6 million. McClellon forged multiple Internal Revenue Service forms to make it appear the three companies were operating real estate, wholesale, or retail businesses, with employees who would benefit from the Paycheck Protection Program loans. McClellon claimed the businesses operated out of his home address in Seattle. The investigation revealed there was no business activity at that address.

In two cases, McClellon asked lenders to distribute the loan funds to bank accounts that McClellon had set up just days before he made the loan applications. The third loan went to McClellon’s personal bank account. McClellon consolidated most of the fraudulent proceeds in his personal account. McClellon used the money to pay his rent on a Manhattan apartment, for travel and gym memberships, and some $20,000 on Uber rides among other personal, non-business expenses.

The case was investigated by The FBI Seattle Field Division with assistance from FBI New York and the Small Business Administration Office of Inspector General (SBA-OIG).

The case was prosecuted by Assistant United States Attorneys Lauren Watts Staniar, Jessica Murphy Manca, and Krista Bush.

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 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 via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Source: United States Department of Justice (National Center for Disaster Fraud)

Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Mehdi Tazi (29, Tampa) to five years in federal prison for conspiracy to commit wire fraud, aggravated identity theft, and a substantive count of aggravated identity theft. Tazi entered a guilty plea on February 2, 2024. As part of his sentence, the court also ordered Tazi to pay $1,070,647 in restitution, jointly with his co-conspirators who were previously sentenced for the below listed offenses.

Name (Age, City)	Charges	Sentence Imposed
Steve Aloysius Moodie Jr. (36, Tampa)	Conspiracy to commit wire fraud and aggravated identity theft, wire fraud, and aggravated identity theft	5 years, 10 months
Tyree Wingfield (26, Dade City)	Conspiracy to commit wire fraud and aggravated identity theft and aggravated identity theft	5 years, 10 months
Melinda Sue Hernandez (35, Sun City Center)	Conspiracy to commit wire fraud and aggravated identity theft and  aggravated identity theft	3 years, 6 months

According to court documents, from approximately June 2020 through April 2021, the conspirators obtained personal identifying information (PII) of others without their knowledge. Hernandez was employed as a medical assistant at a Tampa Bay area hospital and gained access to patient PII, which she shared with Moodie. Thereafter, Tazi, Moodie, and Wingfield used that PII and that of others to submit fraudulent unemployment insurance (UI) claims to various state workforce agencies to obtain UI benefits. These UI benefits were then transferred to bank accounts or loaded onto debit cards issued in the names of others. Tazi, Moodie, Wingfield, and Hernandez then used the fraudulently obtained debit cards to withdraw money from ATMs and for other personal items. Law enforcement calculated the total intended loss caused by the fraudulent UI claims to be between $1.5 million and $3.5 million.

This case was investigated by the United States Postal Inspection Service and Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Greg Pizzo.

In March 2020, the President signed the Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act, which expanded states’ ability to provide UI for many workers impacted by COVID-19, including for workers who were not ordinarily eligible for benefits.

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.

Source: United States Department of Justice (National Center for Disaster Fraud)

Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging James Elliott Davis II (35, Ponte Vedra Beach) with 16 counts of bank fraud, 12 counts of wire fraud, and 1 count of money laundering and theft of mail. If convicted, Davis faces up to 30 years in federal prison for each count of bank fraud, up to 20 years in prison for each count of wire fraud, up to 10 years in prison for the money laundering count, up to 5 years’ imprisonment on the theft of mail count, and payment of restitution to the victims he defrauded.  

According to court documents, from March 2018 through 2022, Davis ran a purported medical supply company named Medisale, Inc. By using false representations, Davis enticed individuals and business entities to invest over $7 million in Medisale. He falsely represented to victim-investors that Medisale was making significant profits on the sale of COVID-19 Personal Protective Equipment (PPE). He claimed to have contact with CEOs at various hospitals and that Medisale had contracts with hospitals to sell large volumes of N95 masks and other PPE. As part of his sale’s pitch, Davis showed bank statement with large balances, claiming the money was from the sale of PPE.

In reality, Medisale had no such contracts and had no true revenue from the sale of PPE. Davis kited checks and conducted fraudulent ACH/wire transfers between multiple financial institutions to artificially inflate the apparent balances on his bank accounts. Utilizing victim-investor money, Davis paid off previous debts, paid other investors purported profits from the sale of PPE, and paid for personal expenses. This included Davis using victim-investor money to purchase a membership at a luxury club in Ponte Vedra Beach and spending more than $27,000 on custom clothing.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.          

This case was investigated by the Federal Deposit Insurance Corporation – Office of Inspector General, Florida Department of Law Enforcement, and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Source: United States Department of Justice (National Center for Disaster Fraud)

United States Attorney Ronald C. Gathe, Jr. announced that Chief Judge Shelly D. Dick sentenced Linda Gurvin, age 56, a resident of Baton Rouge, Louisiana, to 36 months in federal prison following her convictions for wire fraud and unlawful monetary transactions.  Following her release from federal prison, she will be required to serve three years supervised release.  The Court further sentenced Gurvin to pay $496,673.78 in restitution to the United States Small Business Administration and ordered her to forfeit an additional $447,600 in proceeds from her offenses.  Previously in this investigation, the United States seized a 2020 Range Rover that Gurvin purchased with fraudulent proceeds, and at today’s sentencing, the Court ordered her interest in the vehicle forfeited.

According to admissions made as part of her guilty pleas, Gurvn submitted six fraudulent applications seeking more than $1 million in federal Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), funds that were designed to provide emergency financial assistance to the millions of Americans who were suffering from the economic effects caused by the COVID-19 pandemic.

Gurvin filed several applications in the names of businesses that she had formed prior to the pandemic but which had had closed years earlier.  She then filed two fraudulent applications in the names of new entities she formed after the start of the pandemic, solely for the purposes of her scheme—a purported non-profit entity that she called Gurvin’s Marine & Air Force Guardian Angels Foundation, and an entity she called Heaven’s Paradise Church of All Nations.  Throughout the applications, Gurvin made false representations regarding the businesses and their operations, and she submitted fraudulent documents intended to bolster the applications, such as fraudulent documents that purported to be the businesses’ federal tax filings.  Based on the false representations, Gurvin attempted to obtain more than $1 million in COVID-19 relief funds and actually received more than $440,000.

Meanwhile, as Gurvin received proceeds from the applications, she made frequent transactions to move the funds among numerous bank accounts that she controlled at the time, before spending the funds on personal expenses and purchases, such as by making large down payments on a 2020 Land Rover Range Rover and a 2021 Volkswagen Atlas.

This case was investigated by the Treasury Inspector General for Tax Administration, the Federal Bureau of Investigation, and the Small Business Administration – Office of Inspector General.  The case was prosecuted by Assistant United States Attorneys Alan A. Stevens, who also serves as Senior Litigation Counsel, and J. Brad Casey.

Source: United States Department of Justice (National Center for Disaster Fraud)

MIAMI — On April 25, a central Florida man was sentenced to 12 months and a day in federal prison for fraudulently obtaining COVID-19 relief loans and grants under the Paycheck Protection Program (PPP) and the Economic Injury Disaster Relief Program (EIDL); after previously pleading guilty to wire fraud. 

Jean Robert Dorcius, 68, of Kissimmee, submitted false and fraudulent applications for COVID-19 relief loans that included false revenue and payroll records and fraudulent IRS tax forms. Dorcius received approximately $440,515 in COVID-19 relief funds from the fraudulent scheme. Dorcius transferred $200,000 of the fraudulently obtained funds to his personal accounts. Dorcius also created fictitious payroll records that included himself, his children, and sister.

U.S. District Judge Robert N. Scola also ordered Dorcius to forfeit $109,900 to the United States and pay $440,515 in restitution.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami Field Office, announced the sentence. 

HSI Miami Field Office investigated the case. Assistant U.S. Attorney Jonathan Bailyn prosecuted it. Assistant U.S. Attorney Annika M. Miranda handled asset forfeiture.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 22-cr-20553.  

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Source: United States Department of Justice (National Center for Disaster Fraud)

Damian Williams, the United States Attorney for the Southern District of New York, announced that ALICIA AYERS and ANDREA AYERS were sentenced today to two years in prison followed by six months of home confinement and 42 months in prison, respectively, for conspiracy to commit wire fraud, wire fraud, and making false statements in connection with a scheme to defraud the U.S. Small Business Administration (“SBA”), resulting in a loss to the SBA of approximately $1.7 million.  ALICIA AYERS and ANDREA AYERS previously pled guilty before U.S. District Judge Nelson S. Román, who imposed today’s sentences. 

U.S. Attorney Damian Williams said: “These defendants stole from a taxpayer-funded program intended to help small businesses that were in desperate need of assistance during the COVID-19 pandemic.  As their convictions and sentences reflect, my Office is determined to continue to work to bring to justice those who exploit and defraud government programs during a national emergency.  I thank the FBI and the career prosecutors of this Office for their outstanding work investigating and prosecuting this scheme.”   

According to the Indictment, other public filings, and statements made in court:

The SBA is a federal agency of the Executive Branch that administers assistance to American small businesses.  This assistance includes making direct loans to applicants through the Economic Injury Disaster Loan (“EIDL”) Program.  In response to the COVID-19 pandemic, Congress expanded the SBA’s EIDL Program to provide small businesses with low-interest loans of up to $2 million prior to in or about May 2020 and up to $150,000 beginning in or about May 2020 in order to provide vital economic support to help overcome the loss of revenue small businesses were experiencing due to COVID-19.  Applicants seeking a loan under the EIDL program were also permitted to request and receive an advance of approximately $1,000 per employee, for an amount up to $10,000, which the SBA generally provided while the loan application was pending.

In June and July 2020, ALICIA AYERS and her mother, ANDREA AYERS, a former Code Enforcement Officer for the City of Mount Vernon Police Department, used the identities of approximately 300 other individuals (the “Applicants”) to submit approximately 315 online applications to the SBA, seeking over $3 million of funds through the SBA’s EIDL Program (the “EIDL Applications”).  In connection with the EIDL Applications, ALICIA AYERS and ANDREA AYERS falsely represented to the SBA that the applicants were the owners of businesses with 10 or more employees.  However, that was a lie – as ALICIA AYERS and ANDREA AYERS knew, the applicants did not employ the number of people reported, and the majority of the applicants did not own businesses or have any employees.  Based on the fraudulent EIDL Applications, the SBA made advance payments of approximately $1,690,000 to the applicants, who then kicked back a portion of the advance payments to ALICIA AYERS and ANDREA AYERS. 

*                *                *

In addition to the prison terms, ALICIA AYERS, 37, and ANDREA AYERS, 57, both of Mount Vernon, New York, were each sentenced to three years of supervised release and ordered to pay forfeiture in the amount of $1,690,000 and to pay restitution to the SBA in the amount of $1,690,000.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.

The case is being prosecuted by the Office’s White Plains Division.  Assistant U.S. Attorneys Jeffrey C. Coffman and Courtney L. Heavey are in charge of the prosecution.

Source: United States Department of Justice (National Center for Disaster Fraud)

            Owen M. Grigsby, 44, of Waldorf, Maryland, and Himmeh Kuawogai, 46, of Ellicott City, Maryland, pleaded guilty today in U.S. District Court in connection with filing false and misleading information in order to fraudulently obtain over $95,000.00 in Economic Injury Disaster Loans (EIDLs) and Paycheck Protection Program (PPP) loans. The announcement was made by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge David J. Scott of the FBI’s Washington Field Office, and Chief Pamela A. Smith of the Metropolitan Police Department.

            Grigsby is a patrol officer with the Metropolitan Police Department (MPD) who is currently on administrative leave with pay. Kuawogai is an accountant and owner of HAK Accounting Services. Both men both pleaded guilty to one count of conspiracy to commit wire fraud by engaging in a scheme to defraud and obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, which carries a potential penalty of five years in prison. The Honorable Randolph D. Moss presided over the guilty pleas and scheduled sentencing for July 9, 2024.  

            According to court documents, Kuawogai helped Grigsby establish Owen Grigsby Associates (OAG) in Maryland in July 2020. At the time, Grigsby was employed by the MPD. Although Grigsby was required to report any outside business venture to MPD pursuant to MPD policies, Grigsby failed to do so. OGA allegedly had no legitimate purpose and was created only to obtain EIDL and PPP loans.

            In October 2020, Grigsby filed an EIDL application on behalf of OGA containing materially false statements to the Small Business Administration (SBA). Grigsby was approved for that loan and fraudulently obtained $53,600.00. In December 2021, Grigsby filed an application containing materially false statements on behalf of OGA to the SBA seeking to modify his original EIDL in the amount of $214,500.00. Grigsby was denied that loan modification. Grigsby applied for the EIDLs despite never intending to use loan funds for a legitimate business purpose.

            In April 2021, Grigsby submitted his first PPP loan application on behalf of OGA containing materially false statements to Harvest Small Business Finance, LLC (HSBF), an FDIC-insured financial institution. In April 2021, Grigsby submitted his second PPP loan application on behalf of OGA containing materially false statements to HSBF. As a result of Grigsby’s first fraudulent and misleading PPP loan application, HSBF approved Grigsby’s loan application for OGA for $20,833.00 causing HSBF to disburse $20,833.00 into OGA’s bank account. As a result of Grigsby’s second fraudulent and misleading PPP loan application, HSBF approved Grigsby’s “Second Draw” loan application causing HSBF to disburse $20,833.00 into OGA’s bank account. Grigsby applied for the two PPP loans despite never intending to use loan funds for a legitimate business purpose. In August 2021, Grigsby filed two PPP loan forgiveness applications containing materially false statements. As a result of these fraudulent loan applications, HSBF forgave OGA’s first and second PPP loans.

            For each fraudulent loan and forgiveness application Grigsby submitted on behalf of OGA, Kuawogai assisted Grigsby by providing him with amended and fake documents and explaining the loan application process to him via messaging applications, the phone, and email.

            This case was investigated by the FBI’s Washington Field Office, the Metropolitan Police Department, and the U.S. Attorney’s Office for the District of Columbia.

The case is being prosecuted by U.S. Attorney Rebecca G. Ross

Source: United States Department of Justice (National Center for Disaster Fraud)

ANCHORAGE, Alaska – A federal grand jury in Alaska returned an indictment charging a Sterling businessman with wire fraud involving Covid-19 relief funds.

According to court documents, Kent Tompkins, 55, made false statements about his criminal history on Economic Injury Disaster Loan (EIDL) applications for his business, J & B Construction. In 2018, the defendant was indicted on multiple felony grand theft charges in South Dakota and was convicted in August 2020.

During the alleged scheme, Tompkins applied for two EIDL loans—one in May 2020 and one in November 2021. On both applications, which were submitted after he had been indicted and arraigned in South Dakota, Tompkins falsely stated that he had not been presently or recently subject to an indictment or arraignment for formal criminal charges. On the second application, Tompkins also provided false information about his prior conviction and probation.

Tompkins allegedly obtained over $95,000 in relief funds through the first loan application and attempted to obtain $276,500 through the second loan application.

Tompkins is charged with wire fraud in violation of 18 U.S.C. §1343.  The defendant made his initial court appearance on April 17 before U.S. Magistrate Judge Deborah M. Smith of the U.S. District Court for the District of Alaska.

U.S. Attorney S. Lane Tucker of the District of Alaska, Special Agent in Charge Weston King of the Small Business Association Office of Inspector General Western Regional Office and Special Agent in Charge Rebecca Day of the FBI Anchorage Field Office made the announcement.

The Small Business Association Office of Inspector General and FBI Anchorage Field Office are investigating the case.

Assistant U.S. Attorney Seth Brickey is prosecuting the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department 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 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 www.justice.gov/coronavirus.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Source: United States Department of Justice (National Center for Disaster Fraud)

SAVANNAH, GA:  A Florida attorney has been sentenced to federal prison and ordered to pay restitution for participating in a scheme to illegally obtain funding from a federal COVID-19 small business relief program.

Shaquandra Woods, 41, of Jacksonville, Fla., was sentenced to 75 months in prison for Conspiracy to Commit Wire Fraud, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker, who presided over the four-day trial in which a federal jury convicted Woods, also ordered her to pay $42,848 in restitution and to serve three years of supervised release upon completion of her prison term. There is no parole in the federal system.

“Shaquandra Woods prolifically filed fraudulent applications for COVID-19 pandemic relief funds for herself and for others,” said U.S. Attorney Steinberg. “With our law enforcement partners, we will continue to prosecute those who engage in such self-enriching behavior at taxpayers’ expense.”

As authorized by the CARES Act, the Small Business Administration (SBA) provided Economic Injury Disaster Loans (EIDL) to eligible small businesses experiencing substantial financial interruptions due to the COVID-19 pandemic. Woods, an attorney licensed to practice law in Florida and Georgia, completed at least nine applications for EIDL funding for herself and others, fabricating and submitting false documents to support the applications.

As a result of the fraudulent applications, Woods was successful in obtaining more than $300,000 for herself.

“Woods will now pay the price for stealing pandemic relief funds that others needed to keep a business open or to keep a roof over their heads,” said Supervisory Senior Resident Agent Will Clarke of FBI Atlanta’s Savannah Resident Agency. “Federal programs such as these are set up to help those in need, not to benefit criminals. Prosecution of those who illegally obtain government benefits will continue to be a priority for our office.”

“Today’s sentencing sends a clear message that those who defraud SBA’s programs will be held accountable,” said Amaleka McCall-Braithwaite, Special Agent in Charge of the Eastern Region of the SBA Office of Inspector General. “Our office will remain steadfast in pursuing those who exploit such vital resources for personal gain, ensuring accountability and justice for the American taxpayer. I want to thank the U.S. Attorney’s office and our law enforcement partners for their unwavering commitment to pursuing justice in this case.”

The case was investigated by the FBI and the Small Business Administration Office of Inspector General and prosecuted for the United States by Assistant U.S. Attorney Ryan C. Grover and Former Senior Litigation Counsel Jenna G. Solari.

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.

Source: United States Department of Justice (National Center for Disaster Fraud)

Earlier today, at the federal courthouse in Central Islip, Donald Finley, a Locust Valley businessman and owner of the now-defunct Jekyll & Hyde theme restaurant in Manhattan and the Bayville Adventure Park on Long Island, was sentenced by United States District Judge Joan M. Azrack to 24 months in prison.   Finley pleaded guilty in May 2023 to disaster relief fraud and wire fraud in connection with his receipt of $3.2 million dollars in small business loans under the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan Program (EIDLP).  As part of his sentence, Finley has paid in full $3.2 million in restitution. As part of his sentence, Finley was also ordered to pay a $15,000 fine and complete 500 hours of community service.

Breon Peace, United States Attorney for the Eastern District of New York, Thomas Fattorusso, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York (IRS-CI), and Daniel B. Brubaker, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the sentence.

“Finley viewed the deadly pandemic that was gripping the nation as a way to steal millions of dollars in COVID-19 relief funds that he used to purchase a vacation home in Nantucket,” stated United States Attorney Peace.  “Today the defendant learned the price to pay for such a shameful crime is a loss of his freedom and full restitution for the victims of his scam. Let this be a lesson to other lawbreakers who have engaged in similar conduct that this Office will not forgive and forget COVID-19 fraud.” 

“Donald Finley is an admitted criminal, pleading guilty to pocketing millions in COVID-19 relief funds.  While he was enjoying his spoils from his ill-gotten gains, many business owners with legitimate needs were just able to keep the doors open.  Today’s sentencing means that no one was amused by this Bayville Adventure Park owner’s criminal acts, and he will now face time in prison,” stated IRS-CI Special Agent-in-Charge Fattorusso.

USPIS Inspector-in-Charge Brubaker said, “Postal Inspectors and our law enforcement partners are committed to fighting fraud in whatever form it takes, and we will pursue criminals from the busy streets of Manhattan to the shores of a quiet seaside village. We want crooks to know that when you use the mail to defraud the public, justice will be served. Today’s sentencing is proof of that truth.”

Congress created the PPP and EIDLP as part of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.   Enacted on March 29, 2020, the CARES Act provided emergency financial assistance in connection with economic effects of the COVID-19 pandemic.  The PPP program was overseen by the Small Business Administration (“SBA”) and various financial institutions received and processed the PPP loan applications, which, if approved, would then be funded directly by the lenders and backed by the federal government.

One source of relief provided by the CARES Act was the allocation of funds for the issuance of forgivable loans to small businesses for job retention and certain other expenses through the PPP.  The PPP allowed qualifying small businesses to receive unsecured loans on favorable terms, which they were required to use for specified expenses, including payroll costs, interest on mortgages, rent and utilities. 

Another source of relief provided by the CARES Act was the EIDLP, which provided low-interest financing to small businesses, renters, and homeowners in regions affected by declared disasters.  Under the program, EIDLP recipients were eligible to receive advances of up to $10,000 for small businesses within three days of applying for an EIDL Advance which did not have to be repaid.

As set forth in court filings, between March 2020 and March 2021, amid the COVID-19 pandemic, Finley fraudulently applied for, and received, at least 29 PPP and EIDLP loans totaling approximately $3.2 million on behalf of corporate entities he controlled. The applications contained false information, bogus financial data and fabricated supporting documentation, all of which was designed to fraudulently induce the SBA and the lenders administering the PPP and EIDL programs to approve the loans. Once the loans were approved, Finley sent the funds through more than 30 bank accounts to prevent tracing of the proceeds, with substantial portions of the stolen funds being used to purchase real property in Nantucket, Massachusetts in February 2021.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorney Mark E. Misorek is in charge of the prosecution.

The Defendant:

DONALD FINLEY
Age:  61
Locust Valley, New York

E.D.N.Y. Docket No. 23-CR-181 (JMA)