U.S. v. Williams

Sentence Reduction Is Denied; 18-Month Sentence for Wire Fraud Conspiracy Stands

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MEMORANDUM & ORDER Defendant Fleur Williams moves, pro se under 18 U.S.C. §3582(c)(2) and U.S.S.G. §1B1.10, for a two-point reduction in his sentence based on the “zero-point offender” amendment to the U.S. Sentencing Guidelines (“Guidelines”).¹ (ECF No. 29.) The Government opposed the motion. (ECF No. 31.) Mr. Williams never replied. For the below reasons, the motion is denied. I. BACKGROUND Between April and September 2020, Mr. Williams engaged in a scheme to fraudulently obtain more than $281,000 in PPP and EIDL loans from the United States Small Business Administration (“SBA”). (ECF No. 18, at 1 (“PSR”).) On August 2, 2023, Mr. Williams pleaded guilty before United States Magistrate Judge Lee G. Dunst to a single-count indictment pursuant to a plea agreement. (Id.) The indictment charged Mr. Williams with conspiracy to commit wire fraud in violation of 18 U.S.C. §1349 and 18 U.S.C. §1343. (Id.) On March 29, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted to attempt to provide emergency financial assistance to businesses that were shuttered in the name of public safety. (Id.

4-5.) Under the CARES Act, funds were allocated for the issuance of forgivable loans to small businesses for job retention and payroll related expenses via the PPP. (Id. 5.) The PPP allowed qualifying small businesses to receive unsecured loans to address business expenses such as payroll, rent, mortgage related payments, and utilities. (Id.) If the PPP funds were used for their intended purposes and in accordance with the program’s terms, the loans would be forgiven. (Id.) The PPP program was overseen by SBA, and various financial institutions received and processed the PPP loan applications — which if approved, would then be funded by the lenders. (Id.) The amount of the loans was determined by a formula which required applicants to truthfully report information such as the number of employees and payroll costs, as well as provide corroborating documentation. (Id.

U.S. v. Williams

Sentence Reduction Is Denied; 18-Month Sentence for Wire Fraud Conspiracy Stands

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