MOTION to Withdraw Document(s) Motion to Withdraw Motion for Third Point (Re: 96 MOTION for… — USA v. Thomas (Dkt. 108)

Record facts

U.S. District Court for the Northern District of Oklahoma · No. 4:21-cr-00239-GKF · Doc. 108 · 2022-06-02 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF OKLAHOMA 
 
UNITED STATES OF AMERICA, 
 
 Plaintiff, 
 
v. 
 
ALETA NECOLE THOMAS, 
 
 
Defendant. 
 
 
 
 
Case No. 21-CR-239-GKF 
 
 
 
Government’s Motion to Withdraw Motion for Third Point  
 
 
The Court should grant the Government’s request to withdraw its Motion for 
Third Point (Doc. 96) which the Government filed before receiving the Motion for 
Sentencing Variance, Aleta Necole Thomas (Doc. 97) and Presentence Report 
Objections of Aleta Necole Thomas (Doc. 98). Consistent with the Sentencing 
Guidelines on Acceptance of Responsibility, the Court should grant the 
Government’s request because in her objections to the PSR at ¶¶ 14, 21 and 23, Ms. 
Thomas affirmatively denies the relevant conduct applicable to her offenses of 
conviction, and Ms. Thomas falsely denies or frivolously contests relevant conduct in 
a manner entirely inconsistent with acceptance of responsibility.  See USSG § 3E1.1, 
cmt, n.1(A).    
 
In particular, Ms. Thomas’s objection to the PSR at ¶ 14 denies she “‘instructed 
(others) to submit thirty-three fraudulent PPP loan applications. . . .’” and even now 
Ms. Thomas denies that she “assist[ed] them in the preparation of their 
Case 4:21-cr-00239-GKF     Document 108 Filed in USDC ND/OK on 06/02/22     Page 1 of 3

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applications.” Doc. 97, p. 1. Again, in the PSR at ¶ 21 Ms. Thomas unnecessarily 
and frivolously objects to the loss calculation in this case. Her objections and 
Thomas’s continued denial that she assisted others in the preparation of fraudulent 
PPP loan applications is entirely inconsistent acceptance of responsibility and the 
evidence in this case. Immediately after her bank froze Thomas’s bank account and 
at Ms. Thomas’s behest, six of Thomas’s friends and family members sent emails to 
the case agent in which they explained Thomas assisted them with their loan 
applications and she had permission to deposit the loan proceeds into her bank 
account. Ex. 1 Disc. pp. 3019-49 Aleta Thomas Email Correspondence MOA_Final 04-09-
2021. Subsequent witness interviews confirm that Ms. Thomas recruited, assisted, 
and caused her friends and family members to submit fraudulent PPP loans to the 
government and deposited the loan proceeds into Ms. Thomas’s bank account.    
Finally, in her objection to the PSR at ¶ 23, Ms. Thomas falsely denies and 
frivolously contests that she organized or led a group of five or more people in 
submitting fraudulent PPP loans. Again, this objection is baseless considering Ms. 
Thomas’s April 9 through April 27, 2021, email messages to the case agent in which 
Ms. Thomas named ten other people who she stated she tried to help and allowed 
them to use her bank account to deposit their loan proceeds. Consequently, the 
Court should grant the Government’s Motion to Withdraw the Motion for Third 
Point because Ms. Thomas has not clearly demonstrated she accepts responsibility 
for her offenses of conviction and continues to falsely deny and frivolously contest 
facts related to her relevant conduct.           
Case 4:21-cr-00239-GKF     Document 108 Filed in USDC ND/OK on 06/02/22     Page 2 of 3

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Respectfully submitted, 
CLINTON J. JOHNSON 
UNITED STATES ATTORNEY 
 
/s/ Kristin F. Harrington 
 
 
 
 
Kristin F. Harrington, OBA No. 21185 
Assistant United States Attorney 
110 West Seventh Street, Suite 300 
Tulsa, Oklahoma 74119 
(918) 382-2785 
 
 
Certificate of Service 
 
 
I hereby certify that on the day of June 2, 2022, I served the foregoing document 
via electronic email, on the following: 
 
Keith A. Ward 
Keith@keithwardlaw.com 
Counsel for Ms. Aleta Thomas 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Kristin F. Harrington 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Kristin F. Harrington 
 
 
 
 
 
 
 
 
 
 
 
Assistant United States Attorney 
Case 4:21-cr-00239-GKF     Document 108 Filed in USDC ND/OK on 06/02/22     Page 3 of 3

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