Date: 03-18-2024

Case Style:

United States of America v. Kemar Clarke Jr.

Case Number: 4:23-cr-00044

Judge: R. Stan Baker

Court: The United States District Court for the Southern District of Georgia (Chatham County)

Plaintiff's Attorney: The United States Attorney’s Office in Savannah

Defendant's Attorney: James C. Garner - 478-353-8651

Description:

Savannah, Georgia criminal defense lawyer represented the Defendant charged with fraudulently obtaining COVID-19 small-business relief funding.

Defendant also received kickback from another fraudulent loan applicant

An Atlanta man who provided phony documentation to receive small business pandemic relief payments was sentenced to prison and ordered to repay the funding.

Kemar Clarke Jr., 28, of Atlanta, has been sentenced to eight months in prison and ordered to pay $41,665 in restitution. U.S. District Court Judge R. Stan Baker also ordered Clarke to serve three years of supervised release upon completion of his prison term.

“When Congress approved relief funding for small businesses struggling during the COVID-19 pandemic, far too many people saw it as an opportunity to cash in at the expense of deserving business owners,” said U.S. Attorney Steinberg. “We are committed to holding accountable those who defraud American taxpayers.”

The Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized the Small Business Administration to provide and/or guarantee loans to keep small businesses afloat during the pandemic’s financial challenges. One of the programs provided forgivable loans through the Paycheck Protection Program (PPP).

As described in court documents and testimony, agents from the Department of the Army Criminal Investigative Division at Fort Stewart determined that a paralegal specialist serving in the U.S. Army at Hunter Army Airfield had fraudulently obtained a PPP loan for a non-existent barber shop. The investigation also determined that the soldier, after receiving $20,832 in PPP funding, then paid an $8,000 kickback to Clarke for submitting the application on his behalf.

The investigation also determined that Clarke also had fraudulently obtained PPP funding for $20,832 – the maximum amount available to a sole proprietor. The restitution amount reflects the total PPP payouts.

Outcome:

Defendant was found guilty and sentenced to eight months in prison and ordered to pay $41,665 in restitution

Plaintiff's Experts:

Defendant's Experts:

Comments: