Colorado Couple Indicted for $5 Million COVID-19 Relief Program Fraud Scheme

DENVER - The United States Attorney’s Office for the District of Colorado announces that Joshua Lybolt, 45, and Magdalena Lybolt, 46, of Castle Rock, Colorado, were indicted by a federal grand jury in Colorado. Joshua Lybolt has been charged with wire fraud and money laundering and Magdalena Lybolt with wire fraud.

According to the indictment, from April 2020 until around August 2022, Joshua Lybolt applied for and received $4,950,000 in COVID-19 Economic Injury Disaster Loans (EIDL) from the Small Business Administration (SBA) and $41,667 in Paycheck Protection Program (PPP) funds from an SBA-approved lender. The indictment alleges that Joshua Lybolt falsely certified in fraudulent loan applications that the business entities suffered losses as a result of the COVID-19 pandemic, despite knowing that the business entities were not in operation on the dates required to receive relief funds.

The indictment further alleges that Joshua Lybolt and Magdalena Lybolt falsely certified that all the loan proceeds would be used for business expenses when, in fact, they used the bulk of the proceeds for personal expenses including a 2022 Porsche Taycan, a 2016 Land Rover Range Rover, memberships in a country club, a luxury vacation club, and real estate properties.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in March 2020 and was designed to provide emergency financial assistance to Americans dealing with the economic impact of the COVID-19 pandemic. The CARES Act created the PPP, a program administered by the SBA that provided loans to small businesses to retain workers, maintain payroll, and certain other expenses consistent with PPP rules.  Additionally, the CARES Act authorized the SBA to provide EIDLs to eligible small businesses experiencing substantial financial disruptions due to the COVID-19 pandemic.

The defendants made their initial appearance on July 11, 2024, in Denver in front of Magistrate Judge Scott T. Varholak.

The charges contained in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.

This case is being investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Theodore O’Brien and Craig Fansler.

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.

On July 11, 2023, the Attorney General selected the District of Colorado’s U.S. Attorney’s Office to head one of five national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud.  The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-results-nationwide-covid-19-fraud-enforcement-action.

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