Rapids Theatre owner and associate named in superseding indictment for defrauding the Economic Injury Disaster Loan and Paycheck Protection Programs out of more than $750,000

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a superseding indictment charging John L. Hutchins, 70, of Lewiston, NY, and Roberto Soliman, 40, of Niagara Falls, NY, with conspiracy to commit wire fraud and bank fraud, bank fraud, and wire fraud. In addition, defendant Hutchins is charged with making a false statement and defendant Soliman is charged with engaging in monetary transactions with criminally derived property. The charges carry a maximum penalty of 30 years in prison.

Assistant U.S. Attorneys Paul E. Bonanno and Douglas A. C. Penrose, who is handling the case, stated that the superseding indictment charges Hutchins and Soliman with filing fraudulent loan applications under the Economic Injury Disaster Loan (EIDL), the Paycheck Protection Program (PPP), and the Shuttered Venue Operators Grant (SVOG). The loans available for these programs were designed to provide emergency financial assistance pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES Act). The defendants applied for loans under the following companies owned by defendant Hutchins:

•              Rapids Theatre Niagara Falls, USA, Inc.

•              1711 Main, LLC

•              Bear Creek Entertainment, LLC

•              Hutch Enterprises, LLC

•              The Hutchins Agency, LLC

•              CWE Entertainment, Corp. (owned by defendant Soliman)

Between March and August 2020, Hutchins and Soliman received four Economic Injury Disaster Loans totaling $749,500.00. In support of each of the loans, Hutchins and Soliman submitted false revenue and expense figures for the businesses on the loan applications. Hutchins and Soliman used the loan funding for their own personal expenses, such as payments for residential properties in North Tonawanda, NY, and Lewiston, NY, a 2020 BMW, a 2020 Cadillac, homeowner association fees on a Florida condominium, and payments to relatives.

In addition, Hutchins and Soliman applied for and received two Paycheck Protection Program loans totaling $115,978.

In November 2020, Hutchins is accused of making a false statement to a Special Agent of the Federal Bureau of Investigation and to an Investigator of the United States Attorney's Office, falsely denying applying for, or authorizing anyone to apply for, any Economic Injury Disaster Loans or Paycheck Protection Program loans, with the possible exception of one PPP loan for Rapids Theater.

Soliman is also accused of engaging in monetary transactions with criminally derived property for using the fraudulent loan proceeds to pay personal expenses.

The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso, U.S. Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and the New York State Office of Professional Discipline. 

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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