Evidence walkthrough.
The facsimiles are reading aids. The PDF links open the underlying documents that should control.
Demonstrative Exhibit · Money-Trace Walkthrough
Follow the exact number: $37,240
The same figure appears at every critical stage — a capital-call obligation, an intermediary's check, a transfer out of a restricted PPP account, sworn testimony, and a federal tax-return entry. Scroll to follow that single amount across the documents.
Scroll to follow the money ↓
Bottom lineThe same $37,240 appears as Davis’s capital-call obligation, a Mason check, a transfer out of Porter’s PPP account, and a K-1 entry — and his sworn testimony blamed a partner the bank record contradicts.
1
A restricted PPP loan to Porter Consulting
Porter Consulting, LLC took a $328,300 first-round PPP loan from Tri Counties Bank. Look at the loan number, the borrower, and the "PAID" stamp — the same loan number and account reappear later in the chain.
PAID
TCB # 9010061960SBAU.S. Small Business Administration
NOTE
SBA Loan #
5058697106
SBA Loan Name
PORTER CONSULTING LLC
Date
April 19, 2020
Loan Amount
$ 328,300.00
Interest Rate
1.00%
Borrower
PORTER CONSULTING LLC
Operating Company
N/A
Lender
Tri Counties Bank
1. PROMISE TO PAY: In return for the Loan, Borrower promises to pay to the order of Lender the amount of ***** Three Hundred Twenty-Eight Thousand Three Hundred and No/100 ***** Dollars, interest on the unpaid principal balance, and all other amounts required by this Note.
SBA Loan # 5058697106This loan number ties Porter to the PPP funds traced below
Exhibit B — "00001811-Porter PPP Loan Note.pdf" (facsimile) · cf. Bankr. ECF 25 at 8
Why it matters
The loan was Porter's, represented as payroll-designated, and (per the SBA/ProPublica data) later forgiven — the "PAID" stamp here reflects payoff/forgiveness. This is the restricted source of the funds traced in the steps that follow.
2
The capital call: Davis owes exactly $37,240
In November 2020 TopDevz issued a $76,000 capital call, split by membership. The 51% / 49% split fixed Davis's required personal contribution at exactly $37,240 — this is the anchor for every later appearance of the number.
TopDevz, LLC — 2020 Capital Call
Total capital call$76,000
Rajaee — 51%$38,760
Davis — 49%$37,240
Record fact · Bankr. ECF 25 at 8–9 · State Bar Update ¶¶112–117
3
A non-member entity fronts the payment
The visible "contribution" to TopDevz came as a $37,240 check from Mason Building and Design LLC — not a TopDevz member — memo line "CAPITAL CALL." Note the payee, the amount, and the memo.
Image Report
tri counties bank
ABA Number121135045Account NumberXXXXX9876Serial Number1133Amount$37,240.00Paid Date11/10/2020
Front
MASON BUILDING AND DESIGN LLC 1400 S Street · Sacramento, CA 95811
1133
11-10-2020
PAY TO THE ORDER OFTop Devz$ 37,240—
Thirty Seven Thousand Two Hundred 40 & no/100
MEMO Capital Call
Tyler Davis
⑈001133⑈ ⑆121135045⑆ XXXXXX9876⑈
Memo: "CAPITAL CALL"Presented as Davis's own contribution — but Mason is not a TopDevz member
Exhibit E / Ex. 47 — "Mason Check (real)_Redacted.pdf" (facsimile) · Bankr. ECF 25 at 8, 11
The intermediary
A non-member entity cannot create a legitimate personal capital contribution without authorization and accounting. Per the record, a Porter/Mason co-owner declared he did not know of and would not have authorized this check.
4
Porter's PPP account backfills Mason — same exact amount
Three weeks later, Mason's own account statement shows a $37,240 credit on 12/03/2020, described as "OLB XFER FR DDA …8768" — a transfer in from the account ending 8768, Porter's dedicated PPP account. The receiving-side record names the source.
From: Todd Belluomini <MAILER-DAEMON> Subject: the check was paid back to MBD on 12/03/23 Date: August 18, 2023 at 6:42 AM To: Ashkan Rajaee
October 11, 2020 – January 09, 2021
Account: *9876 (MBD — Current)
12/07/2020
CHECK 990150
$1,694.68
$1,777,955.19
12/03/2020
CHECK 990191
$2,460.00
$1,779,649.87
12/03/2020
CHECK 990186
$3,754.00
$1,782,109.87
12/03/2020
ONLINE BANKING CREDIT OLB XFER FR DDA …8768 TRANSFER FROM CHECKING *8…
$37,240.00
$1,785,863.87
12/02/2020
CHECK 990194
$2,978.39
$1,748,623.87
$37,240 IN — from acct …8768"FR DDA …8768" = Porter's dedicated PPP account, same exact amount
Exhibit 37 / Ex. 48 — "the check was paid back to MBD on 120323_Redacted.pdf" (facsimile) · Bankr. ECF 25 at 8
Fungibility doesn't erase tracing
A dedicated PPP account (…8768) sent the same exact amount to the intermediary that had just funded Davis's capital call. The transfer is specific and named on the receiving statement — not a generalized commingling argument.
5
Under oath, Davis blames his business partner
On December 2, 2021, testifying under oath in the AAA arbitration, Davis was asked directly about the $37,240 check. He disclaimed writing or signing it and said his business partner at Mason wrote it while he was out of town — and that he personally reimbursed Mason days later. The bank record tells a different story.
AMERICAN ARBITRATION ASSOCIATION · AAA No. 01-21-0001-9983 Rajaee, TopDevz & Mobile Monster v. Davis, Porter Consulting et al. · Day 2 — Dec. 2, 2021 Cross-examination of TYLER B. DAVIS by Mr. Matthews
— Page 319 —
18Q All right. And you wrote a check for your
19 portion of the capital call; correct?
20A I did not write that check.
21Q Did you sign the check?
22A I didn't sign that check either.
23Q Did you issue a check from TopDevz for your
24 capital call?
25A I did. I authorized the check to be written…
— Page 320 —
9Q So there was a check that was issued from your
10 company, Mason Building & Design, for your
11 personal capital contribution to TopDevz?
13A Yes. The request came in, I was out of town,
14 and so my business partner at Mason Building
15 wrote that check, deposited it into TopDevz,
16 and then I wrote a check to Mason Building &
17 Design several days after that.
"my business partner… wrote that check"Sworn account: a partner funded it; Davis says he reimbursed Mason personally
Arbitration Transcript — AAA No. 01-21-0001-9983, Day 2 (Dec. 2, 2021), p. 319:18–25, 320:9–17 (facsimile)
View the filed transcript →
Source: AAA arbitration No. 01-21-0001-9983, Day 2 transcript (reporter Susan L. Cleveland, CSR 10502). See pp. 319–320.
Sworn testimony vs. the bank record
Davis testified he personally reimbursed Mason days after the check. But the Mason account statement (Step 4) shows the money that backfilled Mason came from Porter's PPP account …8768 — not from a personal Davis check.
What Davis swore (Dec. 2, 2021)
"…my business partner at Mason Building wrote that check… and then I wrote a check to Mason Building & Design several days after that."
What the statement shows
12/03/2020 — Mason receives $37,240 as "OLB XFER FR DDA …8768" — a transfer from Porter's PPP account, not a personal reimbursement from Davis.
6
The K-1 records it as Davis's own capital contribution
Davis's 2020 TopDevz Schedule K-1 then booked $37,240 on the Part II, Section L line "Capital contributed during the year" — memorializing PPP-sourced funds, routed through Mason, as Davis's personal capital on a return signed under penalty of perjury.
Schedule K-1(Form 1065) Department of the Treasury — Internal Revenue Service
2020 OMB No. 1545-0123
Part I — Information About the Partnership
A EIN82-1566913
B Partnership TOPDEVZ, LLC · 1400 S Street · Sacramento, CA 95811
Part II — Information About the Partner
E Partner SSN/TINXXX-XX-XXXX(redacted in filed exhibit)
F Partner TYLER B DAVIS · 1681 Sweetbrier · Paradise, CA 95969
G ☒ Limited partner / other LLC memberI1 Entity type: INDIVIDUAL
J Profit / Loss / Capital Profit 49% · Loss 49% (end) · Capital 100%
L Partner's Capital Account Analysis SEE STATEMENT
Beginning capital account$ 256,600.
Capital contributed during the year$ 37,240.
Current year net income (loss)$ -130,781.
Section L: "Capital contributed during the year" = $37,240The PPP-sourced money now appears as Davis's personal capital
Exhibit G / Ex. 41 — "Tyler Davis 2020 K1_Redacted.pdf" (facsimile, p.2) · Bankr. ECF 25 at 9
The integration step
The falsehood is not merely that TopDevz received money — it is who contributed it and whether it was lawful capital. The K-1 presents Porter PPP funds as a Davis capital contribution on a federal partnership return.
7
The payoff: the tainted contribution becomes 95.308% ownership — then a sworn court claim
The capital contribution was not academic. The arbitrator's Final Award set each member's interest strictly by capital contributed — and the November 2020 capital call (the one funded by the $37,240) is in the denominator of that formula. The result: 95.308% to Davis. Davis then carried that number into federal court as an established fact, and asserted he replaced Rajaee as TopDevz's manager under Interim Order No. 4.
INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION · ICDR Case No. 01-21-0001-9983 Rajaee & TopDevz, LLC v. Tyler B. Davis · FINAL AWARD · Arbitrator Rebecca Callahan · May 12, 2023
"In final analysis, the only evidence of a capital contribution by Rajaee to the LLC is the $38,760 he contributed in November 2020. Under the terms of the Agreement, Rajaee's Percentage Interest in the LLC is only 4.692%($38,760 ÷ ($750,000 + $76,000) = .04692). As such, Davis holds the majority of Percentage Interests in the LLC and controls the vote of the Majority of Members. Accordingly, it is hereby determined that Davis owns 95.308% of the capital interest in the LLC and is the Majority Member…"
Order No. 4 (Jan. 6, 2022), incorporated into the Award: "…Rajaee shall be removed as Manager of the LLC, and only Davis or his designee shall replace Rajaee as Manager of the LLC."
$76,000 capital call is in the denominatorThe same call that included the tainted $37,240 — so the fraud is baked into the 95.308% formula
Exhibit 14 — Final Award, May 12, 2023 (facsimile) · internal pp. 17, 19
View the filed award →
Source: ICDR/AAA No. 01-21-0001-9983, Final Award (Arbitrator R. Callahan), 5/12/2023 · later confirmed to judgment, San Diego Sup. Ct. No. 37-2022-00026691
U.S. DISTRICT COURT, S.D. CALIFORNIA REQUEST FOR JUDICIAL NOTICE — filed by Defendants Tyler Davis & TopDevz · April 2024
Through the exhibits Davis & TopDevz asked the Court to judicially notice, they put before the federal court:
"…The arbitrator determined that because Davis had a majority ownership interest in TopDevz, he was entitled under the operating agreement to dissolve the LLC over Plaintiff's objection."
"The arbitrator also ordered that Plaintiff be removed as manager of TopDevz…" — with Order No. 4 providing that "only Davis or his designee shall replace Rajaee as Manager."
Asserted to a federal court as factThe 95.308% — produced by the tainted capital call — is now presented as a settled determination
Davis & TopDevz RJN — S.D. Cal., ISO Motion to Dismiss (facsimile) · PageID.42–43, .85, .87–88
Source: U.S. District Court, S.D. California, Defendants' Request for Judicial Notice (Doc. 6-2)
Why this closes the loop
The $37,240 did not just sit on a tax return. It was part of the $76,000 capital call that the arbitrator used as the denominator to fix ownership — so the PPP-sourced contribution helped produce the 95.308% figure. Davis then relied on that determination in federal court and to take over TopDevz as manager. If the contribution was funded by misused PPP money routed through Mason, the ownership result it helped generate rests on the same tainted transaction.
The chain, in one view
Each link is independently corroborated by at least one document in the record above.
🏦
Porter receives PPP loan
Loan #5058697106 · payroll-designated · forgiven
$328,300
🔒
Funds in dedicated PPP account …8768
Restricted source, Porter's name
…8768
📋
Davis owes TopDevz capital call
49% of $76,000
$37,240
✉️
Mason check to TopDevz
Memo "Capital Call" · non-member
$37,240
↩️
…8768 backfills Mason
12/03/2020 · "OLB XFER FR DDA …8768"
$37,240
⚖️
Under oath, Davis blames his partner
AAA Dec. 2, 2021 · "I did not write that check"
contradicted
🧾
K-1 books it as Davis's capital
Part II, Section L
$37,240
📊
Award converts it to ownership
$76,000 call in the denominator → Majority Member
95.308%
🏛️
Asserted in federal court & takes over as manager
Federal court filing · Interim Order No. 4
claimed
The same number — $37,240 — appears as Davis's capital-call obligation, the Mason check, the …8768 backfill credit, and the K-1 capital-contribution entry — while his own sworn testimony attributes the check to a partner and a personal reimbursement the bank record does not show. At each step the money changed legal character: from PPP proceeds, to Mason reimbursement, to TopDevz capital, to a Davis K-1 credit.
Why the chain is probative
The record presents repeated exact-dollar matches and repeated concealment markers:
1The PPP loan was Porter's — not TopDevz's or Davis's personally — and was represented as payroll-designated.
2Davis's personal capital-call amount was exactly $37,240.
4Mason's statement shows exactly $37,240 transferred in from account …8768 (Porter's PPP account).
5Under oath (Dec. 2, 2021), Davis disclaimed writing the check and said his Mason partner wrote it and that he reimbursed Mason personally — yet the statement shows Mason was backfilled from Porter's PPP account …8768.
6Davis's K-1 booked exactly $37,240 as his own capital contribution.
7The Final Award fixed ownership by capital contributed, with the $76,000 call (including the $37,240) in the denominator — yielding Davis 95.308% as Majority Member.
8Davis carried that 95.308% determination into federal court and relied on Interim Order No. 4 to replace Rajaee as TopDevz's manager.
9When asked for documents showing a lawful right to use Porter funds, per the record none were produced.
Expert corroboration
Per the record, John Kirby (former federal prosecutor, Bankr. ECF 83) and Damon Rowe (former IRS-CI executive, Bankr. ECF 141-2 & letter to Judge Latham) independently read the transaction the same way. Their analyses are corroboration and pointers to the primary documents — not substitutes for the bank statements, PPP application, Mason check, and K-1 themselves.
Suggested exhibit order
The facsimiles above are demonstrative aids. Pull and page-pin each primary exhibit from the filed record before any use.
Ex.
Document
Key value shown
A
SBA/ProPublica Porter PPP extract
$328,300; payroll; forgiven $331,091
B
Porter PPP loan note
Loan #5058697106 · Tri Counties Bank
C
PPP account-opening docs (…8768)
Dedicated source account & signatories
D
Porter operating & redemption agreements
Other owners (Belluomini, Lippmann)
E
Belluomini declaration
No knowledge / no authorization
F
TopDevz capital-call evidence
$76,000 → $38,760 / $37,240
G
Mason $37,240 check to TopDevz
Memo "Capital Call" · non-member payor
H
Mason *9876 statement (Ex. 48)
$37,240 credit "FR DDA …8768," 12/03/2020
H-2
AAA arbitration transcript, Day 2 (12/02/2021)
Davis sworn: "I did not write that check"; partner wrote it (p.319–320)
I
Tyler Davis 2020 TopDevz K-1
Section L "Capital contributed" $37,240
I-2
Final Award (ICDR 01-21-0001-9983, 5/12/2023)
"Davis owns 95.308%…"; $76,000 call in denominator; Order No. 4 manager change
I-3
Davis & TopDevz Request for Judicial Notice
Asserts 95.308% / manager via Interim Order No. 4 to federal court