United States v. Diop McKenzie — M.D. Fla., Fort Myers Division

Case summary

Diop McKenzie was charged in a multi-count indictment in the U.S. District Court for the Middle District of Florida, Fort Myers Division, No. 2:23-cr-88-SPC-KCD, with two counts of bank fraud under 18 U.S.C. § 1344, two counts of wire fraud under 18 U.S.C. § 1343 and one count of aggravated identity theft under 18 U.S.C. § 1028A. His own motion states that the allegations revolve around what the government maintains were fraudulent Paycheck Protection Program loans and that the government maintains he acquired and used a stolen identity as part of the scheme. He pleaded guilty to counts one, four and five on June 11, 2024. On September 9, 2024 the court sentenced him to 45 months of imprisonment, three years of supervised release and restitution of $133,339.84 to the Small Business Administration.

Case at a glance

What was McKenzie sentenced to?

Forty-five months of imprisonment, made up of 21 months on counts one and four running concurrently and 24 months on count five running consecutively, with a three-year term of supervised release. The court recommended a facility near Pensacola and self-surrender by October 23, 2024, waived fines, ordered restitution of $133,339.84 to the Small Business Administration and a $300 special assessment due immediately, and left forfeiture to the final judgment. Counts two and three were dismissed and a restitution hearing was to be set by separate notice.

What did he plead guilty to?

Counts one, four and five of the indictment, at a hearing on June 11, 2024 before the magistrate judge, who entered a report and recommendation. The minutes record that he was placed under oath, advised of his right to appear before a magistrate judge to enter the plea, questioned about the consequences of a guilty plea, and that the court reviewed the factual basis and found the plea knowing and intentional. At sentencing the district judge noted the plea had been accepted and the defendant adjudged guilty on those three counts.

What special conditions were imposed?

Submission to search, a bar on incurring new credit charges, opening additional lines of credit or obligating himself for any major purchase without the probation officer's approval, provision of requested financial information to the probation officer, random drug testing and DNA collection.

Summary written from the documents on this page; every sentence is sourced.