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United States of America v. Jeff Sean Riley

March 12, 2012

UNITED STATES OF AMERICA
v.
JEFF SEAN RILEY



Social Security No. 6 9 6 7

(Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 3 12 12 Alan Baum, Retained (Name of Counsel) X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: 18 U.S.C. §1343: Wire Fraud - Count 1 of the Information; 18 U.S.C. §1029(a)(2): Access Device Fraud- Count 1 of the Supplemental Information; 18 U.S.C. §1028(a)(1) - Aggravated Identity Theft - Count 2 of the Supplemental Information The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that defendant, Jeff Sean Riley, is hereby committed on Count 1 of the Information, and Counts 1 and 2 of the Supplemental Information to the custody of the Bureau of Prisons to be imprisoned for a term of 64 months. This term consists of 40 months on Count 1 of the Information, and 40 months on Count 1 of the Supplemental Information, to be served concurrently, and 24 months on Count 2 of the Supplemental Information, to be served consecutively to those previous counts.

On release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on Count 1 of the Information, and three years on Count 1 of the Supplemental Information, to be served concurrently; as well as one year on Count 2 of the Supplemental Information, which shall run concurrently to the previous counts, under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318; During the period of community supervision, the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation;

The defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order;

The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds;

The defendant shall not engage, as whole or partial owner, employee, consultant, or otherwise, in any business involving loan programs or investment programs without the prior express approval of the Probation Officer. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;

The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant; and The defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $165,436.58 plus the amount owed to the Internal Revenue Service of $722,547.00, pursuant to 18 U.S.C. § 3663. Any amounts previously received by the victims shall be credited against the restitution ordered. The amount of restitution ordered shall be paid as follows with addresses to be submitted by the Probation office to the Clerk of the Court:

Amount

Navy Federal Credit Union $27,393.93

$58,970.63

Chase Bank $67,695.70 Bank of America $11,376.32 Internal Revenue Service $722,547.00 Payment of the special assessment and restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the special assessment or restitution remains unpaid after release from custody, monthly payments of at least $300 or 10 percent of gross income, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.

Pursuant to 18 U.S.C. ยง 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default ...


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