Sentencing Transcript — USA v. Lattany (Dkt. 111.1)

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U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 111-1 · 2025-05-15 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
Criminal Action No. 23-cr-0074-NYW 
UNITED STATES OF AMERICA, 
 Plaintiff, 
vs.  
DEJANE REANIECE LATTANY, 
  Defendant. 
_______________________________________________________________ 
REPORTER'S TRANSCRIPT 
Sentencing Hearing 
_______________________________________________________________ 
Proceedings before the HONORABLE NINA Y. WANG, Judge, 
United States District Court for the District of Colorado, 
commencing at 1 p.m., on the 15th day of August, 2023, in 
Courtroom A-502, United States Courthouse, Denver, Colorado. 
APPEARANCES 
Nicole C. Cassidy, Rebecca Susan Weber and Laura Beth Hurd, US 
Attorney's Office, 1801 California Street, Suite 1600, Denver, 
CO  80202, appearing for the Government.  
Jason Flores-Williams, Law Office of Jason Flores-Williams, 
1851 Bassett, Suite 509, Denver, CO  80202, appearing for the 
Defendant.  
TAMMY HOFFSCHILDT, Official Reporter 
901 19th Street, Room A251 
Denver, Colorado, 80294 
(303) 947-1905
Proceedings Reported by Mechanical Stenography 
Transcription Produced via Computer 
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(In open court at 1:05 p.m.) 
THE COURT:  Thank you.  Please be seated.  We're
convened in open court today for the sentencing in case number
23-cr-74-NYD-1, United States versus Dejane Reaniece Lattany.  
Is that how you pronounce your name?
THE DEFENDANT:  (Nodding head.)
THE COURT:  Okay.  I'm United States Judge Nina Wang.
Counsel, would you enter your appearance and introduce anyone
who is at the table with you.
MS. CASSIDY:  Good afternoon, Your Honor.
Nicole Cassidy, Rebecca Weber and Laura Hurd, for the United
States.
THE COURT:  Good afternoon, counsel.
MR. FLORES-WILLIAMS:  Good afternoon, Your Honor.
Jason Flores-Williams, on behalf of Ms. Lattany, who is sitting
at the table.
THE COURT:  Good afternoon, Mr. Flores-Williams and
good afternoon Ms. Lattany.
THE DEFENDANT:  Good afternoon, Your Honor.
THE COURT:  The Court notes that Ms. Lattany is
present in court with her counsel.
Counsel, are you ready to proceed?
MR. FLORES-WILLIAMS:  Yes, Your Honor.
THE COURT:  All right.  The record reflects that the
defendant was charged by Information, in this case, docket
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Entry Number 1, dated March 17th, 2023, and waived her right to
prosecution by Indictment on March 27th, 2023; that's ECF
Number 5.  She made her initial appearance on March 27th, 2023,
at Docket Entry Number 4, at which time she entered a plea of
not guilty.
On March 28th, 2023, the defendant filed, with this
Court, a Notice of Disposition, that's Docket Entry Number 8,
and requested that this matter be set for a change of plea
hearing.
Ms. Lattany appeared before this Court on April 26th,
2023, withdrew her plea of not guilty and entered a plea of
guilty to the single count charged in the Information, a
violation of 18 U.S.C. Section 1343, wire fraud.
Ms. Lattany, by the virtue of that guilty plea, you
have been adjudicated guilty of the offense of wire fraud, in
violation of 18 U.S.C. Section 1343.  The purpose of today's
hearing is for me to determine what sentence will be imposed
for that offense.
Ms. Lattany, is there anything about your condition
today, either physically or mentally, that would make you
unable to understand what is going on?
THE DEFENDANT:  No, Your Honor.
THE COURT:  And during this proceeding, at any time,
if you need to talk to your attorney, just let me know, and we
will make the arrangement so you can have that consultation
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with him.  Okay?
THE DEFENDANT:  Yes, Your Honor.
THE COURT:  Mr. Flores-Williams, have you and your
client read and discussed the presentence report, the revised
presentence report and the addendum thereto?
MR. FLORES-WILLIAMS:  Yes, Your Honor.
THE COURT:  Now, it's my understanding that the
defendant does not have any objections to the revised
presentence report; is that correct?
MR. FLORES-WILLIAMS:  That is correct.
THE COURT:  And it's also my understanding the
government does not have any objections to the revised
presentence report; is that correct?
MS. CASSIDY:  Yes, Your Honor.
THE COURT:  There's also a pending motion to decrease
the offense level by one additional level, pursuant to the
sentencing guideline Section 3E1.1 B.  Docket entry filed
August 1st, 2023, that motion is unopposed and will be granted.
Because neither the government nor the defendant has
filed any objections to the presentence report, the factual
statements and the guideline applications in the report are
adopted, without objection, as to the Court's finding of fact
concerning sentencing.  Account for one -- accounting for the
one-level decrease, pursuant to the motion, based on the
Court's resolution of the guidelines, it concludes that the
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total offense level is 24 and the defendant's criminal history
category is III.  
Any objections on the part of the government with
respect to that calculation?
MS. CASSIDY:  Your Honor, I believe it was criminal
history category II with three points.
THE COURT:  I'm sorry.  Exactly.  Criminal history
category II.  I apologize.  So the offense level is 24, the
criminal history category is II.
MS. CASSIDY:  Yes, Your Honor.
THE COURT:  Any objections?
MR. FLORES-WILLIAMS:  No, Your Honor.
THE COURT:  That results in advisory sentencing
guideline range of 57 to 71 months of imprisonment.
Any objection to that advisory guideline range?
MS. CASSIDY:  No, Your Honor.
MR. FLORES-WILLIAMS:  No, Your Honor.
THE COURT:  The Court accepts the Plea Agreement as
offered, as part of the April 2023, Change of Plea proceeding,
and notes that the Plea Agreement had a different calculation
of the guideline calculation, but contained a proviso that
stated that it was simply a good-faith estimate based on the
information known to the parties at the time of the Plea
Agreement.
Court notes that in the revised presentence report,
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there's been a change of the criminal history category, as
opposed to the estimate given, conviction in state court.
I note that the defendant has filed a sentence
memorandum, which this Court construed as a motion for downward
variance, that's Docket Entry Number 19.  The United States
probation office has also recommended a downward variance in
sentencing, as part of its sentencing recommendation.
In addition, because the Court concludes that the
assessment of the defendant's criminal history category points
is accurate and thus appropriate criminal history category is
II, this Court construes the government's sentencing statement
and response to the defendant's sentencing memorandum, in part,
as a motion for downward variance, as well, as requested within
the document; that's Docket Entry Number 24.
Accordingly, the defendant argues for a variance
sentence for a term of 45 months.  The United States Probation
Office recommends a variant sentence of 48 months, and the
United States argues for a variant sentence of 51 months.
Ms. Cassidy, is there anything that the government
believes that we need to address before I give each side an
opportunity to be heard, with respect to the appropriate
sentence?
MS. CASSIDY:  No, Your Honor.
THE COURT:  Mr. Flores-Williams, is there anything
else that the defense believes that we need to address before I
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give each side the opportunity to be heard about the
appropriate sentence?
MR. FLORES-WILLIAMS:  No, Your Honor.  Thank you.
THE COURT:  And, Ms. Cassidy, it's my understanding
that there are no victims in this case which wish to be heard
at this time; is that correct?
MS. CASSIDY:  That is correct, Your Honor.
THE COURT:  All right.  Mr. Flores-Williams, at this
time, I will give you an opportunity to speak, on your client's
behalf, as to the sentence you believe is appropriate in this
case.  
Ms. Lattany, you will also be given an opportunity to
speak, as well.  Typically, what I do is I allow your attorney
to advocate first on your behalf, I let the government respond,
and then I give you the last word, if you like.
THE DEFENDANT:  Okay.  Thank you.
MR. FLORES-WILLIAMS:  May it please the Court.
Your Honor, first I think it needs to be acknowledged, in which
my client has acknowledged, is that here, in this case, the
government stepped up during a very difficult time, and some
people, unfortunately, took advantage of that offering; that's
not good; and that's why my colleagues here, for whom I have a
great deal of respect, have brought -- have rightly brought
this case, and why we're here today, and Ms. Lattany is facing
a penalty.
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She has acknowledged that what she did was wrong, and
not only acknowledged what she did was wrong, but understands
why it was wrong, as is indicated in the presentence report,
the questions that she answered.
So the gravity of what occurred here is not, for one
moment lost, on my client, Ms. Lattany.  Pardon me.
In my job, I have come across two different kinds of
people, and sadly the former is the vast majority, in contrast
to the latter, the former, and I am sure people in this room
are respectfully familiar with this type, are the ones who --
defendants who blame everyone but themselves for why they're
here.  They are only focused on how things affect them.  They
are selfish and have no real understanding, even though they
might mouth the words, as to why it is this has happened to
them.  These are the kind of defendants who blame the lawyer
when they have to go to jail, things like that, or it's an
unfeeling system, et cetera.
Ms. Lattany is not, in any way, part of that majority
former group.  She is part of the latter, and at the end of the
bell curve of the latter, which is a person who -- a good
person, who sees the world in terms much greater than herself.
Understands the world and is sensitive to the world, to the
best of her ability, but made a mistake.  I was thinking today,
for a second, I'm going to fill this Court with too many
antidotes.  I was thinking about my time when I was a really
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young man in New York, going to college, and I had a -- my loan
officer in the college made it very easy for me to take student
loans out.  So once they were there, I just was almost in there
once every six months, in New York City, and I am still paying
for it today, for that ease of access.  I don't know if that
antidote fits perfectly by any stretch, but what I know is that
in a situation where Ms. Lattany was in, she had a legitimate
business going, suddenly there was money that could be procured
with just by signing a couple of papers, everyone around her
was doing it, doesn't excuse it by any stretch of the
imagination, but people have lapses, good people can lose their
compass for a moment, and then the question is, is do they have
the wherewithal and the integrity to pay for it and how have
they paid it.
Dejane, Ms. Lattany, has paid, and she knows she is
going to pay more, but she has paid.  She has lost her
business.  She has been embarrassed, in front of her family, in
front of the people she knows, most importantly, she is
embarrassed within herself.  She is -- during the throws of
this, she would come to my office with her children.  Babies,
when I first met them, still in the process of, you know,
bringing them up, feeding them, and it was hard to see this
good person, who knew that she had lost it, and not exercised
their best selves and best judgment, with their children,
seeing a good mom, part of a really good family, come into this
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place, and be -- having to take responsibility for something
that she did; and she did and has taken responsibility for it.
So now she has lost everything, and now she is facing not being
around for a beautiful part of her kids' lives.  She did that
to herself, but that's her reality now.
The family is going to be stressed.  Matt, her
partner, a really good guy, he is going to be faced with taking
care of these beautiful kids while Ms. Lattany is away.
So now that she has paid, what will she pay further?
My colleagues, with the government, have recommended or asked
for 51 months.  We've asked for 45.  The -- as the Court
acknowledged, the presentence investigation report has
requested or recommended 48.  At this point, when -- my client
is going to pay, and has paid for what she has done.  We would
ask for 45, as we did in our motion for downward variance as
the Court construed.  It means Ms. Lattany goes away.  It means
she will be incarcerated.  But when she is -- but it means also
this is going to be the sort of person who is going to avail
herself of every possible program.  
As the Court acknowledged, gratefully, my colleagues,
indicated the criminal history is a level of II, which is low,
and it's, you know -- there is going to come a time when she is
out of this and returned chastened to her life, raising her
children, vital part of her family's life, in which she will
have to reconstitute and rebuild herself.  Forty-five, I
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believe is fair.  It acknowledges that she is acknowledging
what she has done, acknowledges the gravity, it means
incarceration, depravation of liberty, it means being away from
her family and missing a vital part of her children's lives.
It's a penalty that is real, but at the same time it also
acknowledges that this is a person who made a mistake.  She is
not one of the members of the former group that I described.
She is one of the latter, who lost her moral compass for a bit,
and now, because of this process, the system working and
working well, as it should, she has regained it, and is here,
taking full responsibility before this Court.  So it's with
that we ask for that downward variance, and that 45 months be
sentenced to this good person who made a mistake.
THE COURT:  All right.  Ms. Cassidy?
MS. CASSIDY:  Your Honor, the government is requesting
that the Court impose a sentence of 51 months imprisonment
followed by three years of supervised release.
Plain and simple, this is case about greed.
Ms. Lattany submitted 15 fraudulent EIDL applications,
modification requests, 12 fraudulent PPP applications.  These
were submitted on behalf of eight different businesses that she
claims that she operated over the course of 19 months.  This
isn't a one-off mistake.  It's not an isolated incident.  This
is a pattern that extended a significant amount of time during
the global pandemic.  
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She grossly inflated the number of employees and the
businesses' average monthly payrolls on these applications, as
well as her business' revenues and cost of goods sold.  She
lied about owning other business.  She fabricated tax records
and documents, which she then submitted to lenders to submit
her loan requests, and as a result of these, this 19 months of
conduct, she received more than $3 million, which is more than
many Americans will see in their entire lifetime.  She received
over $400,000 of EIDLS, $20,000 of grants, and 10 PPP loans,
totaling over $2.8 million, and she sought a lot more.  She
returned to the SBAs and lenders over and over again to seek
additional loans and modifications for those companies.
As set forth in the parties' Plea Agreement
Ms. Lattany sought COVID loans totaling more than $7.3 million.
It's a staggering sum, particularly when considering that the
purpose of the CARES Act was to keep as many employees employed
as possible, to prevent mass layoffs, at a time when the
country was facing an unprecedented global pandemic, and when
entity businesses were supposed to be shutdown, to prevent the
spread of the unknown virus, the proceeds were supposed to be
used for legitimate business expenses; such as, payroll, rent
and utilities, but the vast bulk of these proceeds for
Ms. Lattany's loans were not spent in that way.  
She bought a house, she bought a Hummer, she made
payments on a different Hummer, she paid down credit card
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bills, and she moved hundreds of thousands of dollars to
personal accounts.  And I will note that through the work of
the FBI and our asset forfeiture of the AUSAs, that the
government was able to recover a portion of those proceeds, but
there's a significant amount that remains unrecovered.  And I
will also note that Ms. Lattany turned around and submitted a
number of fraudulent PPP forgiveness applications, lying about
how she spent those proceeds, so that her businesses debts
would be wiped clear and be borne again, instead, by the
American taxpayer.  And of course this all came at the -- all
of this conduct came at the expense of legitimate businesses,
as the funds allocated through the CARES Act for the PPP and
EIDL programs did, in fact, eventually run out, and so there
were businesses who could not receive funds.
This is not the defendant's first white collar
conviction, and we note that she recently pled guilty and was
sentenced in Denver District Court to Medicaid fraud, and this
is all put in the context that this is a defendant who had
significant options.  She had numerous educational
opportunities.  She ran her own businesses.  She had the
opportunities to seek legitimate employees or even legitimate
COVID loans on behalf of some of her businesses, and she chose
not to do that.
So in considering the nature and circumstances of this
crime, as well as this defendant's specific characteristics,
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and the need to provide specific deterrence to this defendant,
the government believes that a sentence of 51 months
imprisonment is the sentence that is sufficient, but not
greater than necessary, to achieve the goals of sentencing.
And then, as Your Honor and other Courts have recognized in
cases around the country, white-collar criminals are
particularly crime candidates for general deterrence, as their
conduct, like this defendant's conduct, also often occurs over
the course of months or years and are often crimes carefully
calculated, risk-versus-reward calculation, and so the
government requests that the Court's sentence today sends a
clear message to others that also might want to defraud
government programs, that their conduct will be punished, and
so for all of those reasons, the government seeks a sentence of
51 months.
THE COURT:  Thank you, Ms. Cassidy.  Ms. Lattany, at
this time I want to give you an opportunity to speak and to
tell me anything that you would like to.  You are under no
obligation to do so, but if you would like to say something I
will happily listen.
THE DEFENDANT:  Yes, Your Honor.  I come here today,
before you, to accept responsibility for what I have done, for
in my belief that I have sinned.  I can say that I was under a
lot of pressure during the months that this occurred.  The
former -- the former plea that I have took with the State, I
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took responsibility of that, although, just recently, I
received an email from them, which is an exhibit that I do
have, stating that they have to pay me, because they owe me.  I
went through a hardship with the State, Colorado State
Medicaid, of not paying, and with me not being able to produce
the paperwork to show that I had those clients, and I had those
people that took care of those clients, and I took care of all
of the people that were there, with me, resulted in me having
to take a plea bargain, which later still stands, and I now --
and I now have an email stating that they have to pay me, and
continue to pay me, which is evidence that I did not do what --
what I took a plea bargain on, which drove me to not be logical
in what I did do, as far as with the federal government, and I
do take full responsibility of that, but, Your Honor, I just
ask that you look at it from a standpoint of me just trying to
take care of the people around me.
I did not -- I don't feel like I was trying to be
greedy.  I do feel like I was trying to build a foundation for
the people and a lot of the families that I did take care of.
I was -- I was no way to take for myself.  I was not spending
on myself, that's why they were able to take most of it out of
the accounts, because I was waiting for someone to help me to
get everything started, but I do take responsibility for what I
have done, because I did do wrong, and I did lie on the
applications.  I did -- I did -- I did move the numbers up, to
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receive more, only under the stress that I was having under the
first business that I did operate, which took care of many
families who depended on me, but I just ask that you take into
consideration, Your Honor, that I accept all full
responsibility of what I did, and that I am still looking
forward to make sure that I am somebody in the community that
they can look forward -- look forward to seeing as a role
model, as I was, before this happened during COVID.
So, I am sorry.  And I just ask that you -- that you
just understand that I -- just understand that I am trying to
take this responsibility while trying to wean my son off of
breastfeeding and trying to cope with the deaths and everything
that I have suffered during this time.  I kept myself in prison
in my room this whole time for three years, even though the
federal government has investigated me for one, I have been in
prison for three years, because of the Medicaid, the State
Medicaid case that I did not do, and I have -- I have proof
that I didn't do it, because they just sent me an email, the
other day, saying they have to pay me.  So this whole time I
have been in prison.  So the only difference is that I would be
away from my kids, who have suffered the loss of my grandfather
who was the stable foundation for this family, who have
suffered many losses and my baby that is back there, who will
suffer because he is still breastfed, and I am not saying to
keep me home because of that, but I'm just asking if you could
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just see some leniency on that, because I understand what I did
and I did do wrong.  I was under pressures and not everything
is the truth about me that's in these papers or in the news,
because that is not who I am.
So I am sorry and I appreciate everything that you can
do, Your Honor.
THE COURT:  Thank you, Ms. Lattany.  All right.
Although I may not mention all of them, I have carefully
considered the factors set forth in 18 U.S.C. Section 3553(a).
My responsibility here, today, is to determine a sentence that
is sufficient, but not greater than necessary, to comply with
the purposes as set forth in that section of the statute.
In considering the sentencing guidelines, I also do
not start from the presumption that the guidelines are
reasonable.  Instead, I must make an individualized assessment,
based on the facts presented.
I want to let you know, Ms. Lattany, that I read all
of the letters that your family members submitted.
THE DEFENDANT:  Thank you.
THE COURT:  And I see them here today, and I want to
thank them on your behalf and on behalf of the Court, because
it is incredibly critically important for all defendants to
have family support.  Not all defendants do.  And I count you
as lucky to have those men and women sitting behind you,
supporting you, and I hope that they will support you during
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your term of incarceration, that I must impose; but also
afterwards, because it is the after that I'm really focused on,
with respect to you.
So I also see your baby here, and I know that's
challenging, but I strongly believe that the first step in this
process is to weigh these factors and give you a sentence that
is fair, and that there is some reconciliation between you and
our community, you and your family, and so I keep that in mind
as I impose the sentence.  
The factors I consider are the nature and
circumstances of the offense.  The history and characteristics
of the defendant.  The need to reflect the seriousness of the
offense, to promote respect for the law and to provide just
punishment for the offense.  The need to afford adequate
deterrence to criminal conduct.  The need to protect the public
from further crimes of this defendant.
I also consider the need to provide the defendant with
needed educational, vocational training, medical care or other
correctional treatment in the most effective manner.  The kinds
of sentences available, the kind of sentence and sentencing
range established for someone who commits this category of
offense and has this criminal history level, as set forth in
the sentencing guideline.  Any pertinent policy statements in
the sentencing guidelines issued by the Sentencing Commission,
pursuant to 18 -- I'm sorry -- 28 U.S.C. Section 994(a)(2) and
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its effect on the date that the defendant is sentenced.  The
need to avoid unwarranted sentences, disparities among
defendants with similar records who have been found guilty of
similar conduct and the need to provide restitution to any
victims of the offense.
I begin my consideration of the appropriate sentence
with the nature and circumstances of the offense.  So from, at
least, June 2020, to, at least, January 2022, Ms. Lattany you
submitted at least 15 fraudulent Economic Injury Disaster Loan
and Paycheck Protection Applications to obtain more than $3
million during the COVID-19 pandemic.
In addition to submitting these loan applications, you
submitted fabricated documents to support the false statements
about your alleged businesses, including fabricated tax
documents, wage statements and financial documents, and as a
result of your actions you obtained over $3 million dollars and
then sought and obtained loan forgiveness for PPP loan by
falsely certifying, using the loan proceeds in accordance with
PPP requirements.
In addition, you attempted, but were not successful,
in obtaining another $4 million in EIDL, Economic Injury
Disaster Grants and PPP loans.  I'm struck by the sheer amount
of money that's sought in this case.  In all, if all of those
loans and grants had been granted, that would have been over $7
million in funds, which, frankly, is more money than most
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people see across a lifetime of working really, really hard.
The bulk of those proceeds were not used for business
purposes.  Instead, they were used to purchase real estate, in
Commerce City, Colorado, make payments on a vehicle, purchase a
vehicle, pay off personal debt.  These actions seem similar to
the allegations to which you pled guilty in Denver County
District Court, and were recently sentenced to two years of
prison followed by two years parole, order of restitution in
the amount of $372,150.47.  
So the Court cannot conclude, as defense counsel
argued in the papers, that you don't have any prior criminal
history.  The Court also concludes that the correct
calculation, because of that prior offense, was a Criminal
History Category II; not I, as was originally contemplated by
the Plea Agreement.
So the nature and the circumstances of this offense is
serious, Ms. Lattany.  I think you know that.  And I certainly
hope that you realize the gravity of those actions, that it was
a series of actions, series of decisions that led to,
potentially, a lot of money, during a time of crisis, not just
for you and your family members, but also for the world, in
general.
Contrasting to that, Ms. Lattany, however, I note that
you do have a limited criminal history, and essentially, prior
to these two offenses, surrounding the running of businesses,
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which, of course, you have described as stressful and were, of
course, stressful for many business owners, in the COVID-19
pandemic, essentially, you only had traffic offenses.
The government and the United States Probation Office
both acknowledge that you ran the home healthcare agency from
about 2013 to about 2021, and the letters of support that you
received from your family members are striking, because they
all reinforce the fact that you, throughout your life, from
being a little girl, to today, have consistently sought and
obtained educational opportunities, even in the face of very
challenging personal and family circumstances, and I
acknowledge that and I credit you for that, Ms. Lattany.  That
is not easy, and many, many people would choose a different
path, and so I commend you for all of those good choices that
you made over the years.
THE DEFENDANT:  Thank you.
THE COURT:  Of going to school, continuing in school,
bettering yourself, running a business, helping your family
members, supporting not only your own children, not only your
own biological children, but the children of your partner and
your nieces and nephews.  I think that speaks to who you are as
a person, and so I have accounted that, and it is my great
hope, Ms. Lattany, that you draw on that reserve, and that you
will draw on that, to use your potential and use your talents,
which you clearly have, in a productive way, when you are
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released.
As I noted before, neither the government nor the
defendant filed any objections to the presentence report, and
concluded that the factual statements and guideline
applications to the report are adopted without objection, as
the Court's finding of fact concerning sentencing.
The Court finds that the Total Offense level is 24,
and the Criminal History Category is II, results in a guideline
range of 57 months to 71 months, a fine range of 20,000 to
200,000 -- I'm sorry, 20,000 to $200,000 and a supervised range
of one to three years.
After careful consideration, I conclude that a variant
sentence of imprisonment is sufficient, but not greater than
necessary, to satisfy the requirements set forth in Section
3553(a)(2).  Therefore, pursuant to the Sentencing Reform Act
of 1984, it is the judgment of the Court that the defendant, in
this case, is it Dejane -- how do you say your first name?
THE DEFENDANT:  Dejane.
THE COURT:  Dejane Reaniece Lattany is hereby
committed to the custody of the bureau of prisons to be
imprisoned for a term of 48 months.
I will recommend that you be placed in custody in the
State of Colorado to facilitate continued support and contact
with your family members.  I further order that you serve a
term of supervised release of three years, beginning
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immediately upon the completion of your term of imprisonment.
Within 72 hours of release from custody of the bureau of
prisons, you will report, in person, to the probation office in
the district to which the defendant is released.
While you are on supervision, you may not commit
another federal, state or local crime, and you must not
unlawfully possess a controlled substance.
You must refrain from unlawful use of a controlled
substance.  The Court waives the mandatory drug testing
provision in 18 U.S.C. Sections 3583(d), because the
presentence report indicates a low risk of future substance
abuse by the defendant.  You must cooperate in the collection
of the DNA, as directed by your probation officer.  You must
make restitution in accordance with 18 U.S.C. 3663 and 3663A,
or any other statute authorizing a sentence of restitution.
You must comply with the standard conditions adopted by this
Court in General Order 2020-20.
The Court finds that the following special conditions
of supervision are determined to be reasonably related to the
factors enumerated in 18 U.S.C. Section 3553(a) and 18 U.S.C.
3553(d).  Further, based on the nature and circumstances of
this offense, the history and characteristics of this
particular defendant, the following conditions do not
constitute a greater depravation of liberty than is reasonably
necessary to accomplish the goals of sentencing.
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First, you must participate in a program of
mental-health treatment, provided by the probation officer, and
follow the rules and regulations of such program.  The
probation officer, in consultation with the treatment provider,
will supervise your participation in the program as to the
modality, duration and intensity.  You must pay for the costs
of treatment based on your ability to pay.
Two, since the judgment imposes a financial
requirement of restitution, you must pay the financial
restitution in accordance with the scheduled payment sheets of
this judgment.  You must also notify the Court of any changes
in economic circumstances that might affect your ability to pay
the financial penalty and/or restitution.
Three, must not incur new credit charges or open
additional lines of credit without approval from the probation
officer, unless you are in compliance with the periodic payment
obligations imposed pursuant to the Court's judgment and
sentence.
Four, you must apply any moneys received from income
tax refunds, lottery winnings, inheritance, judgments and any
anticipated or unanticipated financial gains to the outstanding
Court-ordered financial obligation in this case.
Five, you must provide the probation officer access to
any requested financial information and authorize the release
of any financial information.
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Six, if you have an outstanding financial obligation,
the probation officer may share any financial or employment
documentation relevant to you with the Asset Recovery Division
of the United States Attorney's Office to assist in the
collection of the obligation.
Seven, you must document all income, compensation
generated or received from any source, and must provide the
information to the probation officer as requested.
Eight, any business you operate, during the term of
supervision, must be approved by the probation officer.  You
must operate under a formal registered entity, and you must
provide the probation officer with the name of the business
entity and its registry agents.  You must maintain business
records and provide all business documentation and records as
requested by the probation officer.
Nine you must not cause or induce others to register a
business entity on your behalf.
Ten, you must document all income and compensation
generated or received from any source, and must provide that
information to the probation officer as requested.
Eleven, you must not cause or induce anyone to conduct
a financial transaction on your behalf or maintain funds on
your behalf.
Twelve, you must maintain separate personal and
business finances.  You must not commingle personal and
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business funds or any financial accounts, including, but not
limited to, bank accounts and lines of credit.
You must make restitution to the victim in the amount
indicated in the presentence report.  I believe that amount is
$3,437,072.81.
You will be ordered to pay interests on that
restitution, more than $2500, unless the fine or restitution is
paid in full before the 15th day after the date of judgment,
that interest, as I understand, will run up to and including
today, the date of sentencing.
Does the government have any objection to that?
MS. CASSIDY:  No, Your Honor, and at Docket Number ECF
Number 24-2, we provided the Court with a chart breaking down
the interest calculations, running through the date of
sentencing to today.
THE COURT:  Okay.  All right.  You will also be
ordered to pay any special assessment of a hundred dollars, due
and payable immediately.
The Court finds that this defendant does not have the
ability to pay a fine, so the Court will waive the fine, in
this case.
It's ordered that the payment of your monetary
obligations shall be due as follows, the special assessment and
the restitution obligation are due immediately.  The balance of
the monitor obligations shall be paid in monthly installments
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calculated as at least 10 percent of the gross monthly income.
Pursuant to 32.2, of the Federal Rules of Criminal Procedure,
in addition the defendant shall forfeit her interests in the
following property to the United States; one, all title, right
and interest in the real property located at 11125 Quintero
Court, Commerce City, Colorado, 80022; two, $17,348.46, seized
from Sunflower Bank, checking account 1100035300; three, a 2009
Hummer SVT Luxury, VIN 5GRGN02278H100429; four, a 2008 Hummer
Utility Passenger, VIN 5GRGN2382H8H101341; five $945,572.89
seized from Canvas Credit Unit, checking account number 626207;
and money judgment in the amount of the proceeds obtained by
the scheme of the defendant, which is $3,337,476.94, which will
be credited with any net proceeds obtained from judicial
forfeited assets.
You are advised of your right to appeal the sentence,
consistent with the waivers a set forth in the Plea Agreement.
If you desire an appeal, a Notice of Appeal must be filed with
the Clerk of the Court within 14 days after the entry of
judgment or your right to appeal will be lost.
If you are unable to afford an attorney for the
appeal, the Court will appoint one for you, at no cost, and if
you so request, the Clerk will immediately prepare and file a
Notice of Appeal on your behalf.
Ms. Lattany, I believe you and trust you that you want
to make things right, when you finish serving your sentence.
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And so, I very much hope that you do, and I very much hope that
when given the opportunity, you will dig down deep.  And you
are a young woman and you have a lot of life ahead of you, even
after this sentence, and so I look forward to hearing about the
productive things that you can do to serve your family and our
community in the future.
Ms. Cassidy, is there anything else that the
government believes we need to do here today?
MS. CASSIDY:  One point of clarification, Your Honor.
I know the state court, in its judgment, included a provision
that that judgment term of imprisonment should run concurrently
with the term of sentence imposed here.  Does Your Honor intend
to make a similar finding?
THE COURT:  I believe that the -- these sentences,
with respect to this state court judgment and this federal
judgment should run concurrently.
MS. CASSIDY:  Thank you, Your Honor.
THE COURT:  All right.  Mr. Flores-Williams, anything
else that you believe that we need to address today?
MR. FLORES-WILLIAMS:  Yes, Your Honor, briefly.  The
matter of self-reporting?
THE COURT:  Oh, right.  So, as I understand it,
Ms. Lattany has been out on bond pending sentencing, in this
case.  As I also understand, there's a recommendation that she
be permitted to self-report within 15 days of her designation
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for BOP status.  Any objection on the part of the government?
MS. CASSIDY:  No objection, Your Honor.
THE COURT:  All right.  So I will order that
self-reporting within 15 days of the date of her designation.
Probation office will reach out and will also get notification
the day of the designation and the date that she needs to
report to the BOP facility.  
Again, I will recommend that she is designated to a
facility in Colorado, so that she has access to her family, but
I don't have control over that, so that is just simply a
recommendation of the Court.
MR. FLORES-WILLIAMS:  Thank you.
THE COURT:  All right.  Anything further?
MR. FLORES-WILLIAMS:  Nothing.
THE COURT:  All right.  Thank you very much.  We will
be adjourned.
THE COURTROOM DEPUTY:  All rise.
(Recess at 1:47 p.m.)
 
 
 
 
 
 
 
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REPORTERS' CERTIFICATE 
         I certify that the foregoing is a correct transcript  
from the record of proceedings in the above-entitled matter. 
         Dated at Denver, Colorado, this 31st day of December, 
2023. 
                                Tammy Hoffschildt, FCRR,CRR,RMR 
 
 
 
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