Court filing
Judgment and Commitment as to Darrell Thomas (1), Cbop — USA v. Thomas et al. (Dkt. 473, N.D. Ga.)
Filed May 18, 2022 in USA v. Thomas et al.; one of 58 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2022-05-18 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 473 · 2022-05-18 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v.
DARRELL THOMAS
)
)
)
)
)
)
)
JUDGMENT IN A CRIMINAL CASE
Case Number: 1:20-CR-296-JPB-CMS-1
USM Number: 73324019
BENJAMIN BLACK ALPER
Defendant’s Attorney
THE DEFENDANT:
The defendant pleaded guilty to count(s) 1, 18.
The defendant is adjudicated guilty of these offenses:
Title & Section
Nature of Offense
Offense Ended
Count
18 U.S.C. § 1349
ATTEMPT AND
CONSPIRACY TO COMMIT
FRAUD
AUGUST 6, 2020
1
18 U.S.C. § 1956 AND § 2
MONEY LAUNDERING -
BANK FRAUD
AUGUST 6, 2020
18
The defendant is sentenced as provided in pages 2 through 12 of this judgment. The sentence is imposed pursuant
to the Sentencing Reform Act of 1984.
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.
MAY 9, 2022
Date of Imposition of Judgment
Signature of Judge
J. P. BOULEE, U. S. DISTRICT JUDGE
Name and Title of Judge
Date
May 18, 2022
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 1 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 2 of 12
Judgment in a Criminal Case
Sheet 2 -- Imprisonment
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for
a total term of: ONE-HUNDRED EIGHTY (180) MONTHS AS TO COUNT 1 AND ONE-HUNDRED
EIGHTY (180) MONTHS AS TO COUNT 18, TO RUN CONCURRENTLY, FOR A TOTAL TERM OF
ONE-HUNDRED EIGHTY (180) MONTHS
The court makes the following recommendations to the Bureau of Prisons:
• The Court recommends that Defendant be housed in the state of Florida.
The defendant is remanded to the custody of the United States Marshal.
RETURN
I have executed this judgment as follows:
Defendant delivered on
to
at
, with a certified copy of this judgment.
UNITED STATES MARSHAL
DEPUTY UNITED STATES MARSHAL
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 2 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 3 of 12
Judgment in a Criminal Case
Sheet 3 -- Supervised Release
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of: FIVE (5) YEARS AS
TO COUNT 1 AND THREE (3) YEARS AS TO COUNT 18, TO BE SERVED CONCURRENTLY, FOR
A TOTAL TERM OF FIVE (5) YEARS
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.
4. You must cooperate in the collection of DNA as directed by the probation officer.
5. You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A and
3664. Restitution payments must be made to Clerk, U.S. District Court, Northern District of Georgia, 2211
U.S. Courthouse, 75 Ted Turner Dr. SW, Atlanta, GA 30303.
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 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 3 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 4 of 12
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, 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 your
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 you must 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 your 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 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
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.
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
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.
U.S. Probation Office 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
I understand that a violation of any of these conditions of supervised release may result in modification, extension, or revocation of my
term of supervision.
Defendant's Signature
Date
USPO's Signature
Date
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 4 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 5 of 12
ADDITIONAL STANDARD CONDITIONS OF SUPERVISION
SPECIAL CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following special conditions of supervision.
You must make full and complete disclosure of your finances and submit to an audit of your financial documents
at the request of your probation officer. You must provide the probation officer with full and complete access to
any requested financial information and authorize the release of any financial information. The probation office
may share the financial information with the United States Attorney's Office.
You must not incur new credit charges, or open additional lines of credit without the approval of the probation
officer.
You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. §
1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search conducted
by a United States Probation Officer. Failure to submit to a search may be grounds for revocation of release.
You must warn any other occupants that the premises may be subject to searches pursuant to this condition. An
officer may conduct a search pursuant to this condition only when reasonable suspicion exists that you violated a
condition of your supervision and that areas to be searched contain evidence of this violation. Any search must
be conducted at a reasonable time and in a reasonable manner.
You must permit confiscation and/or disposal of any material considered to be contraband or any other item which
may be deemed to have evidentiary value of violations of supervision.
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 5 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 6 of 12
Judgment in a Criminal Case
Sheet 5 -- Criminal Monetary Penalties
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Special Assessment
TOTAL
$200.00
The Court finds that the defendant does not have the ability to pay a fine and cost of incarceration. The Court
waives the fine and cost of incarceration in this case.
Fine
TOTAL
$0
Restitution
TOTAL
$13,206,752.10
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
CDC Small Business
Finance, Attn: Todd
Kobernick, Law Offices
of Todd Kobernick, 2448
Historic Decatur Road,
Suite 220, San Diego,
CA 92106
$2,406,727.80
$2,406,727.80
Harvest Small Business
Finance, Attn: Arely
Garcia, AVP/Finance,
24422 Avenida De La
Carlota, Ste. 232, Laguna
Hills, CA 92653
$2,285,341.68
$2,285,341.68
Cross River Bank,
Legal Department, 400
Kelby Street, 14th Floor,
Fort Lee, New Jersey
07024
$2,393,113.19
2,393,113.19
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 6 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 7 of 12
Small Business
Administration/DFC,
Attn: Paul Keenan, 721
19th St., 3rd Floor, Room
301, Denver, CO 80202
$1,478,198.82
$1,478,198.82
Customers Bank, Attn:
Kim Ogden, Director of
Fraud Prevention and
Investigation, 701
Reading Ave, West
Reading, PA 19611
$1,456,940.00
$1,456,940.00
PNC Bank, Attn: Lori
Hammers, 101 S. 5th
Street, 6th Floor, MC:
K1-K201-06-1,
Louisville, KY 40202
$1,193,500.00
$1,193,500.00
Celtic Bank, Attn: Todd
Boren, Chief Risk
Officer, 268 S. State
Street, Suite 300, Salt
Lake City, UT 84111
State Farm Bank, Attn:
Bryan Snyder, Enterprise
Compliance and Ethics,
One State Farm Plaza –
C2, Bloomingon, IL
61710
Digital Federal Credit
Union, Attn: Rhonda
Auger, Sr. Fraud
Investigator, 220 Donald
Lynch Blvd., PO Box
9130, Marlborough, MA
01752
Bank of America, Attn:
Legal Department, 100
N. Tryon St., Charlotte,
NC 28202
Navy Federal Credit
Union, Attn: Erin
Hackney, Court Order
$781,638.61
$527,127.00
$227,365.00
$140,000.00
$104,000.00
$781,638.61
$527,127.00
$227,365.00
$140,000.00
$104,000.00
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 7 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 8 of 12
Operation, 820 Follin
Lane, Vienna, VA 22180
Regions Bank, Attn:
Mary Ann Coker,
Corporate Security, 2090
Parkway Office Cir.,
Hoover, AL 35244
Del Norte, Attn: Pam
Atencio, Chief
Operations Officer, PO
Box 1180, Los Alamos,
NM 87544
Truist (formerly
BB&T), Attn: Financial
Crimes, 4320 Kahn
Drive, Bldg 2,
Lumberton, NC 28358
$85,000.00
$57,000.00
$40,000.00
$85,000.00
$57,000.00
$40,000.00
USAA, Attn: USAA
Corporate Security
Investigations, PO Box
22373, San Antonio, TX
78265
$30,800.00
$30,800.00
TOTALS
$13,206,727.80
$13,206,727.80
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 restitution.
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 8 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 9 of 12
Judgment in a Criminal Case
Sheet 6 -- Schedule of Payments
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 $ 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 _____ days (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 _____ days (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 _____ days (e.g., 30 or 60 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:
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary
penalties is due during the period of 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.
Defendant
Case Number
Total Joint and
Several Amount
Corresponding Payee
Charles Hill IV
1:20-cr-296-JPB-
CMS-16
$3,884,926.62
CDC Small Business
Finance; Small
Business
Administration/DFC
Meghan Thomas
1:20-cr-296-JPB-
CMS-7
$7,627,208.30
CDC Small Business
Finance; Harvest
Small Business
Finance; Small
Business
Administration/DFC;
Customers Bank
Amanda Christian
1:20-cr-296-JPB-
CMS-9
$6,278,039.81
CDC Small Business
Finance; Cross River
x
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 9 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 10 of 12
Bank; Small Business
Administration/DFC;
Customers Bank
Jesika Blakely
1:20-cr-296-JPB-
CMS-8
$7,734,979.81
CDC Small Business
Finance; Cross River
Bank; Small Business
Administration/DFC;
Customers Bank
Denesseria Slaton
1:21-cr-179-JPB-1
$7,734,979.81
CDC Small Business
Finance; Cross River
Bank; Small Business
Administration/DFC;
Customers Bank
Dwan Ashong
1:20-cr-296-JPB-
CMS-10
$7,627,208.30
CDC Small Business
Finance; Harvest
Small Business
Finance; Small
Business
Administration/DFC;
Customers Bank
Teldrin Foster
1:20-cr-296-JPB-
CMS-20
$10,801,960.10
CDC Small Business
Finance; Harvest
Small Business
Finance; Cross River
Bank; Small Business
Administration/DFC;
Customers Bank;
Celtic Bank
Ricky Dixon
1:20-cr-296-JPB-
CMS-6
$8,408,846.91
CDC Small Business
Finance; Harvest
Small Business
Finance; Small
Business
Administration/DFC;
Customers Bank;
Celtic Bank
El Hadj Sall
1:20-cr-296-JPB-
CMS-18
$3,884,926.62
CDC Small Business
Finance; Small
Business
Administration/DFC
Rick McDuffie
1:20-cr-296-JPB-
CMS-19
$2,406,727.80
CDC Small Business
Finance
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 10 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 11 of 12
Ryan Whittley
1:20-cr-296-JPB-
CMS-17
$3,884,926.62
CDC Small Business
Finance; Small
Business
Administration/DFC
Charles Petty
1:20-cr-296-JPB-
CMS-12
$3,871,312.01
Cross River Bank;
Small Business
Administration/DFC
Charmaine Redding
1:21-cr-00178-JPB-1
$2,285,341.68
Harvest Small
Business Finance
Khalil Green
1:20-cr-296-JPB-
CMS-3
$3,871,312.01
Cross River Bank;
Small Business
Administration/DFC
Jerry Baptiste
1:20-cr-296-JPB-
CMS-13
$3,871,312.01
Cross River Bank;
Small Business
Administration/DFC
John Gaines
1:20-cr-296-JPB-
CMS-11
$3,871,312.01
Cross River Bank;
Small Business
Administration/DFC
Andre Gaines
1:20-cr-296-JPB-
CMS-2
$3,871,312.01
Cross River Bank;
Small Business
Administration/DFC
Carla Jackson
1:20-cr-296-JPB-
CMS-5
$3,871,312.01
Cross River Bank;
Small Business
Administration/DFC
Bern Benoit
1:20-cr-296-JPB-
CMS-4
$3,871,312.01
Cross River Bank;
Small Business
Administration/DFC
Derek Parker
1:20-cr-296-JPB-
CMS-14
$3,763,540.50
Harvest Small
Business Finance;
Small Business
Administration/DFC
David Belgrave
1:20-cr-296-JPB-
CMS-15
$2,935,138.82
Small Business
Administration/DFC;
Customers Bank
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: See Consent
Preliminary Order in 1:20-cr-296-JPB-1 entered on August 4, 2021 for more details.
Case 1:20-cr-00296-JPB-CMS Document 473 Filed 05/18/22 Page 11 of 12
DEFENDANT: DARRELL THOMAS
CASE NUMBER: 1:20-CR-296-JPB-CMS-1
Judgment -- Page 12 of 12
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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