District Judge Deborah L. Boardman sentenced Jemel Lyles, 43, of Washington, DC, to 66 months in federal prison, followed by three years of supervised release, and ordered him to pay $281,947 in restitution, for conspiracy to commit wire fraud and aggravated identity theft.
Court documents say that Lyles spent that money on a home gym, jewelry, child-support payments, personal retail credit accounts, food, and personal financial investments. In total, Lyles defrauded approximately $281,900 in PPP funds from the United States and PPP lenders.
In his guilty plea, Lyles admitted to submitting applications for and receiving funds from six fraudulent CARES Act loans. Additionally, Lyles violated his supervised release from a previous federal conviction for obstruction of an audit.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act — a federal law enacted in March 2020 — provided emergency financial assistance to Americans suffering from the economic effects of the COVID-19 pandemic. It gives financial assistance including forgivable loans to small businesses for job retention and other expenses. Established by the CARES Act, the Paycheck Protection Program — administered through the Small Business Administration — along with the Economic Injury Disaster Loan, helped businesses meet their financial obligations.
According to the guilty plea, between April 2020 through February 2021, while on supervised release for a prior federal felony fraud conviction, Lyles defrauded the SBA and PPP by obtaining six fraudulent PPP loans. In the relevant applications, Lyles inflated the applicant businesses’ number of employees and monthly payroll amounts to fraudulently increase the amount of PPP funds he received.
Lyles also knowingly submitted both false payroll documentation and false tax documents to support the false assertions. Under PPP regulations, Lyles’s prior felony fraud conviction made any business in which he had a reportable ownership interest ineligible to receive PPP funds. Lyles fraudulently obscured either his ownership interest in the applicant businesses or the fact that he would be the immediate recipient and have primary control over the PPP funds to evade this legal restriction.
When Lyles submitted one set of applications, he omitted his reportable interest in the applicant companies Green Capital Construction and Landscape, LLC and JSL, Investments LLC. In another set of applications, Lyles used the identity of his then friend and employee to apply for PPP loans in the individual’s name. These loans were then deposited into bank accounts that Lyles was a signatory.
The District of Maryland Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.
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: justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
U.S. Attorney Hayes commended the FBI for its work in the investigation. Ms. Hayes also thanked Assistant U.S. Attorney Joseph L. Wenner, who is prosecuting the federal case, and recognized the Maryland COVID-19 Strike Force and Paralegal Specialist Joanna B.N. Huber for their assistance.
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