Court filing
JUDGMENT AND COMMITMENT by Judge Gregory K Frizzell , entering judgment as to Aleta Necole… — USA v. Thomas (Dkt. 113)
Filed June 8, 2022 in Aleta Necole Thomas; one of 52 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Oklahoma |
|---|---|
| Filed | 2022-06-08 |
U.S. District Court for the Northern District of Oklahoma · No. 4:21-cr-00239-GKF · Doc. 113 · 2022-06-08 · Docket on CourtListener
Full text
AO 245B (Rev. 10/17) Judgment in a Criminal Case
Sheet 1
UNITED STATES DISTRICT COURT
Northern District of Oklahoma
UNITED STATES OF AMERICA
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JUDGMENT IN A CRIMINAL CASE
v.
ALETA NECOLE THOMAS
Case Number:
4:21-CR-00239–001-GKF
USM Number:
47957-509
Keith Allen Ward
THE DEFENDANT:
Defendant’s Attorney
☒ pleaded guilty to count(s)
Three and Four of the Second Superseding Indictment
☐ pleaded nolo contendere to count(s)
which was accepted by the Court.
☐ was found guilty on count(s)
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section
Nature of Offense
Offense Ended
Count
18 U.S.C. § 1014
False Statement to a Financial Institution
5/27/20
3
18 U.S.C. § 1014
False Statement to a Financial Institution
6/6/20
4
The defendant is sentenced as provided in this Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
☐ The defendant has been found not guilty on count(s)
☒ The Indictment, Superseding Indictment, and Counts One, Two, and Five through Seventeen of the Second Superseding Indictment, as to
this defendant, are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this Judgment are fully paid. If ordered to
pay restitution, the defendant must notify the Court and United States Attorney of material changes in economic circumstances.
June 7, 2022
Date of Imposition of Judgment
Signature of Judge
Gregory K. Frizzell, United States District Judge
Name and Title of Judge
June 8, 2022
Date
Case 4:21-cr-00239-GKF Document 113 Filed in USDC ND/OK on 06/08/22 Page 1 of 7
Judgment - Page 2 of 7
AO 245B
(Rev. 10/17) Judgment in Criminal Case
Sheet 2 — Imprisonment
DEFENDANT:
Aleta Necole Thomas
CASE NUMBER:
4:21-CR-00239-001-GKF
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:
Thirty months, as to each of Counts Three and Four. Said counts shall run concurrently, each with the other.
☒
The Court makes the following recommendations to the Bureau of Prisons:
The Court recommends the defendant be placed at a facility as close to family in Tulsa, Oklahoma, as possible.
☐
The defendant is remanded to the custody of the United States Marshal.
☐
The defendant shall surrender to the United States Marshal for this district:
☐
at
☐ a.m. ☐
p.m. on
.
☐
as notified by the United States Marshal.
☒
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
☒
before 2 p.m. on
July 20, 2022.
☐
as notified by the United States Marshal.
☐
as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this Judgment as follows:
Defendant delivered on
to
at
, with a certified copy of this Judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case 4:21-cr-00239-GKF Document 113 Filed in USDC ND/OK on 06/08/22 Page 2 of 7
Judgment - Page 3 of 7
AO 245B
(Rev. 10/17) Judgment in a Criminal Case
Sheet 3 — Supervised Release
DEFENDANT:
Aleta Necole Thomas
CASE NUMBER:
4:21-CR-00239-001-GKF
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
Five years, as to each of Counts Three and Four.
Said terms shall run concurrently, each with the
other.
MANDATORY CONDITIONS
1.
You must not commit another federal, state or local crime.
2.
You must not unlawfully possess a controlled substance.
3.
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
☒ The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)
4.
☒ You must make restitution in accordance with 18 U.S.C §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
5.
☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6.
☐ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7.
☐ You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
Case 4:21-cr-00239-GKF Document 113 Filed in USDC ND/OK on 06/08/22 Page 3 of 7
Judgment - Page 4 of 7
AO 245B
(Rev. 10/17) Judgment in a Criminal Case
Sheet 3A — Supervised Release
DEFENDANT:
Aleta Necole Thomas
CASE NUMBER:
4:21-CR-00239-001-GKF
STANDARD CONDITIONS OF SUPERVISION
As part of your supervision, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.
1.
You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of release
from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.
2.
After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when to report to the probation officer, and you must report to the probation officer as instructed.
3.
You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from
the court or the probation officer.
4.
You must answer truthfully the questions asked by the probation officer.
5.
You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation
officer within 72 hours of becoming aware of a change or expected change.
6.
You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer
to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7.
You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in
advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming
aware of a change or expected change.
8.
You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.
9.
If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10.
You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that
was designed, or was modified for, the specific purpose of causing bodily injury or death to another person, such as nunchakus or
tasers).
11.
You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.
12.
If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may,
after obtaining Court approval, notify the person about the risk or require you to notify the person about the risk and you must
comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the
risk.
13.
You must follow the instructions of the probation officer related to the conditions of supervision.
Case 4:21-cr-00239-GKF Document 113 Filed in USDC ND/OK on 06/08/22 Page 4 of 7
Judgment - Page 5 of 7
AO 245B
(Rev. 10/17) Judgment in a Criminal Case
Sheet 3B — Supervised Release
DEFENDANT:
Aleta Necole Thomas
CASE NUMBER:
4:21-CR-00239-001-GKF
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall submit her person, residence, office or vehicle to a search, conducted by the United States Probation Officer at
a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a
condition of release; failure to submit to a search may be grounds for revocation; the defendant shall warn any other residents that
the premises may be subject to searches pursuant to this condition.
2. The defendant shall successfully participate in a program of mental health treatment and follow the rules and regulations of the
program. The probation officer, in consultation with the treatment provider, will determine the treatment modality, location, and
treatment schedule. The defendant shall waive any right of confidentiality in any records for mental health treatment to allow the
probation officer to review the course of treatment and progress with the treatment provider. The defendant must pay the cost of
the program or assist (co-payment) in payment of the costs of the program if financially able.
3. The defendant shall abide by the “Special Financial Conditions” previously adopted by the Court, as follows:
a.
The defendant shall maintain a checking account in the defendant’s name and deposit into this account all income,
monetary gains or other pecuniary proceeds, and make use of this account for payment of all personal expenses. All other
bank accounts must be disclosed to the probation officer.
b. The defendant shall not make application for any loan or enter into any credit arrangement, without first consulting with
the probation officer.
c.
The defendant shall disclose all assets and liabilities to the probation officer. The defendant shall not transfer, sell, give-
away, or otherwise convey any asset, without first consulting with the probation officer.
d. If the defendant owns or maintains interest in any profit or nonprofit entity, you shall, upon request, surrender and/or make
available for review, any and all documents and records of said profit or nonprofit entity to the probation officer.
e.
The defendant shall, upon request of the probation officer, complete a personal financial affidavit and authorize release of
any and all financial information, to include income and tax return records, by execution of a Release of Financial
Information form, or by any other appropriate means.
U.S. Probation Officer Use Only
A U.S Probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
Judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.
Defendant’s Signature _____________________________________
Date _________________
Case 4:21-cr-00239-GKF Document 113 Filed in USDC ND/OK on 06/08/22 Page 5 of 7
Judgment - Page 6 of 7
AO 245B
(Rev. 10/17) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
DEFENDANT:
Aleta Necole Thomas
CASE NUMBER:
4:21-CR-00239-001-GKF
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments.
Assessment
Restitution
Fine
AVAA Assessment*
JVTA Assessment**
TOTALS
$200
$774,753.50
N/A
N/A
N/A
☐
The determination of restitution is deferred until
An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
☒
The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise
in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be
paid before the United States is paid.
Name of Payee
Total Loss***
Restitution Ordered
Priority or Percentage
Cross River Bank
C/O Lauren Quandt
2115 Linwood Avenue
Fort Lee, New Jersey 07024
$87,500.00
First Electronic Bank
560 Mission Street, 13th Floor
San Francisco, California 94105
$241,169.50
Tulsa Federal Credit Union
C/O Jason Smith
9323 East 21st Street
Tulsa, Oklahoma 74129
$75,000.00
Arvest Bank
C/O Eva Allen
502 South Main Street
Tulsa, Oklahoma 74103
$175,817.00
Fountainhead SBF, LLC
C/O Michael Bland
3216 West Lake Mary Boulevard
Lake Mary, Florida 72346
$104,165.00
Harvest Small Business Finance, LLC
24422 Avenida De La Carlota, Suite 232
Laguna Hills, California 92653
$91,102.00
TOTALS
$
$
774,753.50
☐
Restitution amount ordered pursuant to Plea Agreement $
☒
The defendant must pay interest on any fine or restitution of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the Judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
☐
The Court determined that the defendant does not have the ability to pay interest and it is ordered that:
☐
the interest requirement is waived for the
☐
fine
☐
restitution.
☐
the interest requirement for the
☐
fine
☐
restitution is modified as follows:
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September
13, 1994, but before April 23, 1996.
Case 4:21-cr-00239-GKF Document 113 Filed in USDC ND/OK on 06/08/22 Page 6 of 7
Judgment - Page 7 of 7
AO 245B
(Rev. 10/17) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments
DEFENDANT:
Aleta Necole Thomas
CASE NUMBER:
4:21-CR-00239-001-GKF
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A
☒
Lump sum payment of $ 200
due immediately, balance due
☐
not later than
, or
☐
in accordance with
☐ C,
☐
D,
☐
E, or
☐ F below; or
B
☐
Payment to begin immediately (may be combined with
☐ C,
☐ D, or
☐ F below); or
C
☐
Payment in equal
(e.g., weekly, monthly, quarterly) installments of $
over a period of
(e.g., months or years), to commence
(e.g., 30 or 60 days) after the date of this Judgment; or
D
☐
Payment in equal
(e.g., weekly, monthly, quarterly) installments of $
over a period of
(e.g., months or years), to commence
(e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E
☐
Payment during the term of supervised release will commence within
(e.g., 30 or 90 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or
F ☒ Special instructions regarding the payment of criminal monetary penalties:
Any monetary payment is due in full immediately, but payable on a schedule to be determined pursuant to the policy provision
of the Federal Bureau of Prisons’ Inmate Financial Responsibility Program if the defendant voluntarily participates in this
program. If a monetary balance remains, payment is to commence no later than 60 days following release from imprisonment to
a term of supervised release in equal monthly payments of $500 or 10% of net income (take home pay), whichever is greater,
over the duration of the term of supervised release and thereafter as prescribed by law for as long as some debt remains.
Notwithstanding establishment of a payment schedule, nothing shall prohibit the United States from executing or levying upon
property of the defendant discovered before or after the date of this Judgment.
Unless the Court has expressly ordered otherwise, if this Judgment imposes imprisonment, payment of criminal monetary penalties
is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’
Inmate Financial Responsibility Program, are made to the Clerk of the Court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
☐
Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.
☐
The defendant shall pay the cost of prosecution.
☐
The defendant shall pay the following court cost(s):
☒
The defendant shall forfeit the defendant’s interest in the following property to the United States:
United States currency in the amount of $118,678.39 is forfeited as directed in the Forfeiture Money Judgement and Preliminary Order
of Forfeiture, Dkt. # 89.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.
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