Two Plead Guilty to Roles in COVID-19 Fraud Conspiracy

CHARLESTON, W.Va. – Today, William Powell, 34, of Huntington, pleaded guilty to conspiracy to commit bank fraud, and Jasmine Spencer, 32, of Charleston, pleaded guilty to aiding and abetting bank fraud. Powell and Spencer each received $15,625 in proceeds from criminally derived Paycheck Protection Plan (PPP) loans, guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

According to court documents and statements made in court, co-defendant Kisha Sutton conspired with Powell, Spencer, and others to obtain fraudulent PPP loans. Sutton submitted a PPP loan application on Powell’s behalf on April 19, 2021, and a PPP loan application on Spencer’s behalf of May 27, 2021. Powell and Spencer were each listed as a sole proprietor hair stylist who received $75,000 in gross income in 2020. Each application was filed with an Internal Revenue Service (IRS) Form 1040, Schedule C Profit or Loss from Business, stating that the applicant had earned $75,000 in 2020. As part of their guilty pleas, Powell and Spencer admitted that they never earned $75,000 as a hair stylist in one year and that the IRS Form 1040 submitted with their application was fraudulent and created solely to obtain the PPP loan.

A PPP lender in Florida approved Powell’s loan application and a PPP lender in California approved Spencer’s. The $15,625 in proceeds from each loan was deposited in their respective personal bank accounts in late June 2021. Between June 30 and July 20, 2021, Sutton received $2,000 from Powell and $3,000 from Spencer as her shares of the fraudulent PPP loan proceeds. Powell and Spencer each transferred the money to Sutton using a digital wallet application. Powell and Spencer spent the remainder of their respective fraudulent loan proceeds on personal expenses.

The CARES Act made forgivable PPP loans available to qualifying sole proprietors, independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic, to replace their normal income and for certain other expenses. Applicants were required to certify that they were in operation on February 15, 2020, and provide documentation showing their prior gross income from either 2019 or 2020.

Powell is scheduled to be sentenced on July 2, 2025, and Spencer is scheduled to be sentenced on July 9, 2025. Each faces a maximum penalty of 30 years in prison, up to five years of supervised release, and a $1 million fine. Powell and Spencer each also owe $15,625 in restitution.

Powell, Spencer, and Sutton, 44, of Jersey City, New Jersey, are among seven individuals indicted by a federal grand jury on charges alleging they and others conspired, as well as aided and abetted one another, to obtain fraudulent PPP loans totaling $140,625. The indictment against Sutton and the other defendants remains pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia State Police – Bureau of Criminal Investigation (BCI), and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU).

United States District Judge Irene C. Berger presided over the hearings. Assistant United States Attorneys Jonathan T. Storage, Jennifer D. Gordon, and Holly Wilson are prosecuting the case.

Individuals with information about allegations of fraud involving COVID-19 are encouraged to report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721, or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-192.

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