Wannabe Business Lender Sentenced to Six Years in Prison
August 11, 2021
Justin Cheng’s website said his company, Celeri Network, could help business owners get a loan between $5,000 and $5 million. Rife with all the familiar lingo commonly found on loan broker websites, Celeri Network gave the appearance of an everyday small business finance company.
Unfortunately for unsuspecting customers, Cheng took his own approach with applicants, telling them that they had to pay upfront refundable “due diligence fees” to help them secure funding. Of course, when the funding never came through, he failed to deliver refunds to the tune of $380,000.
That was only the tip of the iceberg for Cheng who was sentenced to 72 months in prison this week for a litany of schemes including this one.
According to the Department of Justice, “Cheng used the identity of other individuals to submit online applications to the SBA and at least five financial institutions for a total of over $7 million in government-guaranteed loans through the SBA’s PPP and EIDL Program for several companies controlled by CHENG, namely Alchemy Finance, Inc., Alchemy Guarantor LLC d/b/a “Celer Offer,” Celeri Network, Inc., Celeri Treasury LLC, Wynston York LLC, and Neo Bellum Industries Inc.”
Representing also that he had more than 200 employees when he never had more than 14, he successfully secured $2.8M in PPP funding altogether.
“Cheng transferred over $1 million abroad, withdrew approximately $360,000 in cash and/or cashier’s checks, and spent at least approximately $279,000 in PPP loan proceeds on personal expenses,” the DOJ found. “These personal expenses included the purchase of an 18-carat gold Rolex watch for approximately $40,000, rent and move-in fees for a $17,000 per month luxury condominium used by CHENG, approximately $50,000 of furnishings for the condominium, a portion of the purchase of a 2020 S560X4 Mercedes, and purchases totaling approximately $37,000 at Louis Vuitton, Chanel, Burberry, Gucci, Christian Louboutin, and Yves Saint Laurent.”
Far from finished, Cheng also announced the launch of a blockchain-based peer-to-peer lending platform and sold more than $400,000 in digital tokens through “materially false and misleading statements and omissions.”
“Cheng, 25 of New York, New York, pled guilty on April 20, 2021, to one count of major fraud against the United States, one count of bank fraud, one count of securities fraud, and one count of wire fraud,” the DOJ said.
Velocity Capital Group Becomes First Funder to Offer Broker Commissions Via Crypto
August 2, 2021
Velocity Capital Group is bullish on crypto as a means of payment. Company President and CEO Jay Avigdor told AltFinanceDaily that the company is officially incorporating cryptocurrency in two ways:
(1) Brokers can now choose to get paid commissions in cryptocurrency instead of cash.
(2) Merchants can now choose to get funded via cryptocurrency instead of cash.
In both cases, Avigdor touted the speed in which cryptocurrency can change hands versus waiting around for an ACH or a wire.
“Our goal since day 1 of VCG, was to give ISOs and merchants the ability to access capital as fast as possible,” Avigdor said. “With VCG’s proprietary technology, we have been able to change that mindset from ‘as fast as possible’ to ‘the FASTEST possible.'”
The company says it will use stable coins (USD Coin and DAI) to conduct these transactions “in order to limit market volatility” but that depending on the merchant or ISO relationship, they would be open to transmitting Bitcoin, Ethereum, etc.
Merchants getting funded with crypto would still have their future receivables collected via ACH so that part of the arrangement would not change. The underlying business is the same.
VCG alluded to there also being potential tax benefits of taking payment in crypto.
Avigdor believes that among industry peers, VCG is the first to offer commissions in crypto. He further explained that this is only one piece of the puzzle and that there are plans to integrate the company’s technology in a way that will allow merchants to access funding in less than 20 minutes from the time of submission to funds actually being received.
Fraudsters May Leverage Their PPP Approvals to Get Business Loans and MCAs
July 21, 2021
A small business finance underwriter torn between approving or declining an applicant probably should not consider whether or not that business got PPP funding as evidence of the applicant’s legitimacy.
A new alert put forth by Experian claims that “greater than 75% of PPP loans originated by commercial fintech lenders were NOT run through a fraud screening and have a greater probability of containing bad actors.” Experian says that “lenders will need to be more vigilant as they assess these businesses for future offers of credit.”
Experian cites data from the FTC that shows fraud and identify theft have surged since the pandemic started, climbing to even higher levels in 2021 over 2020.
Fraudsters that successfully obtained PPP loans with altered documents, for fake businesses, or on behalf of real businesses using stolen identities, may now use those as leverage to obtain additional money, particularly through sources where the perceived consequences of being found out are low. Non-bank funders and fintech lenders are an attractive target.
Just because an applicant got a PPP loan, underwriters should not assume it has passed a fraud check.
Fundworks Completes a Refinancing of its Capital Structure of up to $70 Million
July 13, 2021
VAN NUYS, CA, July 13, 2021: The Fundworks, LLC, a leading a tech-enabled small business finance company, announced the recent closing of a $25.0 million Credit Facility with a commercial bank and the sale of $20.0 million of Senior Secured Notes to a group of U.S.-based institutional investors. The Credit Facility is expandable up to a maximum of $50.0 million, representing a total capital raise of up to $70.0 million. These transactions refinanced the Company’s existing Senior Credit Facility and subordinated debt and provide substantial excess capital to fund the continued growth of its small business funding platform.
“We are very pleased to announce this financing, which will allow us to significantly expand our ability to provide funding to our small business client base,“ said Co-Founder and Chief Executive Officer, Evan Smiedt. “This new capital strategically positions The Fundworks to be the funder of choice for small businesses as they re-accelerate growth after a difficult and uncertain 2020. Quick access to capital is key for small businesses to succeed and we are very happy to be well capitalized when our clients need us the most.”
“Given the volatile markets and challenging funding environment in our sector, our ability to close these transactions with multiple, large and established financial institutions is a strong endorsement of the The Fundworks and the continued efforts by our employees and partners to put our clients first,“ said Bradley Smiedt, Co-Founder and Chairman. “We look at the closing of this financing as a significant next step in the growth and success of our Company.”
Brean Capital, LLC served as the Company’s Exclusive Financial Advisor and Placement Agent on both transactions.
About The Fundworks:
The Fundworks is a tech-enabled finance platform providing working capital solutions to merchants to grow their businesses, take advantage of short-term opportunities and fund seasonal business fluctuations. The Company’s proprietary technology platform makes the opaque, time-consuming process of obtaining capital simple, fast and reliable. Since inception, Fundworks has funded nearly $400 million to over 8,300 small businesses throughout the United States. The Company is headquartered in Van Nuys, CA. For more information, please visit: https://www.thefundworks.com/.
For more information/ questions/ interview requests / media inquiries, please contact: Evan Smiedt
Email: info@thefundworks.com | Phone: (844) 644-FUND
Cross River Bank Makes Moves as Fintech Acquirer, VC
July 13, 2021
Known in the space as the fintech partner bank, Cross River took another step down the path leading the industry: Last month, the bank bought PeerIQ, a company that does data analytics for loan underwriting. The bank also launched a venture capital arm to continue investing in startup fintechs in a more formalized way- though they have been partners for years.
“PeerIQ is a company we’ve known for a number of years; we’ve been working with them, partnering with them and in various ways for two or three years,” Phil Goldfeder, Senior Vice President of Public Affairs at Cross River, said. “We recognized that we would probably better serve our customers and partners if we came together, so we’re happy that we’re able to acquire Ram [Ahluwalia, CEO of PeerIQ] and his team at PeerIQ and we’re excited about the collaboration moving forward.”
PeerIQ will function as a part of Cross River, bringing intelligent analytics to every transaction. Cross River, located 14 floors up just across the George Washington Bridge in New Jersey, has about $13.5 billion of assets and has originated more than $46 billion in loans since 2008, Bloomberg estimates. The way forward, as Goldfeder said, was through innovation, leveraging tech and teams like PeerIQ’s to better serve clients. That also means using the formal VC branch to help new firms grow their platforms and future acquisitions.
“Number one is to grow on PeerIQ’s core business, providing data analytics, and creating technology in the secondary market, but more importantly, for Cross River to help our partners and our clients serve,” Goldfeder said. “There’s, no question that we will continue to explore companies that would help strengthen Cross River and the fintech ecosystem and provide additional services to our partners.”
The bank has over 15 partnerships with top fintechs, like publicly traded Affirm, Rocket Loans, Coinbase, and private firms funded through VC rounds like Stripe. The bank most recently became a significant part of the PPP government emergency loan program. Ranking among giants like JP Morgan and Bank of America, Cross River ranked 6th overall for dollar amount approved. According to the bank, they doled out 490,000 PPP loans for a total of $13 billion, making up 4% of the entire program volume.
The way forward is clearly through embracing what it always has been at its base: the bank across the Hudson that is willing to partner with upstart brands and help them take over the world. With a flurry of consolidation purchases in the “post-pandemic” world (if that isn’t too early to say) that are only going to increase, Cross River seems to be on to something. Goldfeder said that Covid showed the rest of the world what the fintech space has known for ten years, that added value for customers and partners means innovation.
“Post-pandemic, where I think there was a larger recognition from the financial services industry of the need to innovate,” Goldfeder said. “Cross River is always known that we need to innovate… The post-pandemic dynamic we recognize that there’s tremendous value in creating a more formal venture arm to examine, explore companies that we can invest in to help them grow, help them succeed, and …. increase our support of our partners.”
Bloomberg reported Cross River is in secret talks to raise $200 million of funding at a valuation of $2.5 billion or more. The bank previously raised $100 million in 2018 in a round led by KKR, AltFinanceDaily reported, and in 2016 raised $28 million.
The Biggest Expansion Period of Our Lifetime? The Non-Bank Finance Industry Says Full Steam Ahead
July 8, 2021
Erez Stamler, Managing Director of Fresh Funding, said that the events of the past year has been an up and down ride, from the initial shutdown shock to rushes in demand. Now that the world is back, those that survived are here to stay and need capital to grow.
“At first the system was in shock, then a phase where we saw a strong spike in submissions [where] the owners were probably looking for some sort of PPP-type solution, and that was not available by us,” Stamler said. “Going into 2022 we believe there’s a lot of demand out there. A lot of businesses have demonstrated growth during Covid and hopefully will continue that into 2022. As far as we can see right now, we’re going strong this year for sure.”
Alex Vasilakos, who tracks online interest in alt finance as the director of marketing for Finance Marketing Group, said there had been an increase in online searches for non-bank financing solutions in the past year because banks weren’t sure how the pandemic would pan out.
“We are back in the office, and we are seeing a large uptick in digital advertising since Covid, and it is continuing to increase,” Vasilakos said in an email. “I am seeing and predicting that people will be leveraging more online sources for financing than they have in the past.”
Amotz Segal, a startup co-founder of Edge Funder, said that if the Covid spikes and black swan events are over, there is no limit to demand, and the hybrid model is here to stay. Edge Funder uses lead generation and AI underwriting to make SMB deal-making easier, Segal said.
“I think nobody’s really bullish enough, I think we’re facing the beginning of the biggest expansion period of our lifetime,” Segal said. “Our team based in New York City will hopefully gradually go back to the office this fall. That being said, I don’t think that we will ever see a one-hundred percent office-space environment. I think what the pandemic did is accelerated a trend that already began of people working from home, working remotely, and not having to attend the office daily.”
Segal has grounds to be bullish: Edge was just acquired by Yes Lender after only a year of development.
James Lee, CEO and co-founder of Julius Technologies, said that people had definitely gotten a feel for remote work, but virtual does not replace in-person communication. Julius is a startup that creates cost-effective back-end infrastructure for fintechs, building efficient data analytics for credit underwriting.
“We will see some shift. People got a taste of what it’s like to work from home; the hybrid model is a possibility in the short term,” Lee said. “In the long term we’ll see if Covid comes back in the fall with people working closely together. Hybrid works, but face-to-face time is irreplaceable and very difficult to replace in a virtual sense.”
Lee said that in-person interaction is vital for networking, mentorship, and even random, spur-of-the-moment conversations that bring a team together. Lee recently completed the Techstars incubator program fully virtually. Everything but launch day was virtual in a process that is usually hands-on.
Some firms are back in the office full time. Samuel Yakubov, director of ISO Relations at Maverick Funding, said he was already working in the office in June and had high hopes for 2022.
Tyler Deters, president and CEO of Paradigm Equipment Finance in Utah, said his business was back indoors and on track.
“We are optimistic for the future,” Deters said. “Our staff has all returned to the office, and we are full steam ahead.”
Joe Lustberg from Upwise Capital couldn’t agree more and said his team had been working in the office through the shutdown. Lustberg is confident that the post-pandemic world will be great for business, and Upwise has been doing well servicing PPP, equipment and trucking financing, and niche cannabis industry funding. Upwise also took advantage of the dip in real estate to snag an office in Manhattan and “never looked back.”
“We made sure that everybody was vaccinated, and before the vaccination was available we were still in the office. We were getting tested monthly and my guys had the option to work from home,” Lustberg said. “To be honest, most of them want to be around the company culture, the show floor. It’s much easier for them to walk in my office and ask me a question than FaceTime. It’s good New York is coming back.”
Six or seven months ago, it might have been a market full of PPP loans, but MCA is coming back strong, Lustberg said. With government funds exhausted, he said even firms that had never taken an advance before are looking for funding.
Steven Hunter would agree the industry is back. As a consultant that works best coaching underwriting teams in person, however, the work from the home model has been a drag. He said hybrid may work for relaxed work environments, but to get ahead, in-person is the way it has always been and always will be.
“I think the fact that we have proven we can, in most situations, work remotely has made [funding shops] think: ‘well you know airfare, hotel, meals and Ubers.. you know it adds up.’ So, I think I think a lot of people are going to be cost-sensitive to travel in a way they weren’t before,” Hunter said. “But if you want to make it in this industry as a startup funder, and you want ISOs to give you deals, you cannot do that by the phone and you cannot do that via Zoom call. You have got to show respect for the good shops.”
Hunter said in the actual MCA business, you don’t win deals by calling them 100 times. You get deals from the best of the best by selling face to face.
“You get deals from [top brokers] by putting your ass on a plane and flying into LaGuardia, taking a cab to their office and camping out there for three days, and talking to them looking them in the eye and saying this is what I’m going to do for you,” Hunter said. “Sales is always going to be boots on the ground. You got to put people out there.”
Funder Acquires Automated Underwriting Startup for Post Pandemic Market
July 6, 2021
In an age of changeups, the talent or tech a firm acquires has increasingly become what sets them apart from the pack.
Yes Lender, a funder based in Pennsylvania, recently teamed up with MCA AI underwriting startup Edge Funder. Yes bought Edge and will bring co-founders Amotz Segal and Kobi Ben Meir to the team as Vice President of Business Development and Chief Marketing Officer.
Segal, an industry vet with a decade of experience in MCA, said it was a great time to join forces and grow.
“[Yes Lender] weathered this pandemic in a pretty impressive way, I would say,” Segal said. “What they see now is an opportunity to take advantage of the post-pandemic market and the need for a more sophisticated data driven system to improve their chances to become one of the biggest names in this industry.”
Surviving the pandemic in style is something Yes Lender and Edge have in common. Back in 2019, Segal left Yalber and started an investment consulting firm. By May 2020, the pandemic had soured business, but he and his co-founder Ben-Meir saw an opportunity.
“During the pandemic, I realized fairly quickly that many of the MCA companies are going to go out of business because of the nature of the shutdown,” Segal said. “So I decided to take the opportunity and apply my experience, knowledge, and start my own platform.”
The idea was simple, he said: create something that would address the pain points of the industry. They worked with the concept of building a platform that treated business owners just as consumers are treated in consumer finance. They began generating leads directly from SMBs like a consumer funding product, though Segal said they would always be focused on working with ISOs as well.
Next, they focused on turning the application process into a seamless, automated process. While the MCA industry can fund in 24 or 48 hours, the consumer credit world still has it beat, with card applications processed in as little as 30 seconds. That is the target time for online MCA applications, Segal said.
He said they look forward to being a part of the Yes Lender team and executing that vision. Glenn Forman, CEO of Yes Lender, said in a release that the firm is fortunate to have joined forces with Edge.
“Their lead generation and direct-to-merchant funding platform are terrific complements to Yes Lender’s thriving ISO-driven sales channel,” Forman said. “Moreover, the addition of artificial intelligence to our already robust array of data-driven risk assessment tools will further strengthen our underwriting.”
New York Appellate Division Reaffirms That Merchant Cash Advances Are Not Loans
June 23, 2021A series of eight merchant cash advance agreeements were not loans, said the First Department of the New York Appellate Division.
In Strategic Funding Source, Inc. et al. v. Steenbok Inc. et al, the defendants filed for summary judgment to dismiss the complaint. The Court denied it and defendants appealed, causing the Appellate Division to determine whether or not eight merchant cash agreements between the parties were actually usurious loans.
Per the eight merchant agreements, repayment to plaintiff was contingent on future receivables existing. Accordingly, the cash advance was not a loan and is thus not a usurious transaction (see Champion Auto Sales, LLC v Pearl Beta Funding, LLC, 159 AD3d 507 [1st Dept 2018], lv denied 31 NY3d 910 [2018]).
It may have all been for naught because the parties actually settled the case two weeks prior to the decision, according to the public docket (See Index No: 2021-00877).
