Amended Judgment as to Eric Dean Sheppard (1), Count(s) 1-6, 10s-12s, 13s-14s, 1s-4s — USA v. Sheppard (Dkt. 294, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 294 · 2024-08-29 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA  
MIAMI DIVISION 
 
UNITED STATES OF AMERICA 
§ 
AMENDED JUDGMENT IN A CRIMINAL 
CASE 
 
§ 
 
v. 
§ 
 
 
§ 
Case Number: 1:22-CR-20290-BB(1) 
ERIC DEAN SHEPPARD 
§ 
§ 
USM Number: 10499-510 
 
 
§ 
Counsel for Defendant: Howard Srebnick, Jayne Weintraub, 
Chris Cavallo  
Date of Original Judgment: 6/7/2024 
Reason for Amendment: Imposing Restitution as per ECF No. 
[293] 
 
§ 
Counsel for United States: Ana Maria Martinez & Aimee 
Jimenez 
THE DEFENDANT: 
☐ pleaded guilty to count(s) 
 
☐ 
pleaded guilty to count(s) before a U.S. 
Magistrate Judge, which was accepted by the 
court. 
 
☐ pleaded nolo contendere to count(s) which was 
accepted by the court  
 
☒ was found guilty on count(s) after a plea of not 
guilty  
5, 7, 8, 9 of the superseding indictment.  
 
The defendant is adjudicated guilty of these offenses: 
Title & Section / Nature of Offense 
Offense Ended 
Count 
18 USC 1343.F Wire Fraud 
03/31/2021 
5s 
18 USC 1343.F Wire Fraud 
03/31/2021 
7s 
18 USC 1343.F Wire Fraud 
03/31/2021 
8s 
18 USC 1343.F Wire Fraud 
03/31/2021 
9s 
 
 
 
 
 
 
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing 
Reform Act of 1984. 
☒ 
 
The defendant has been found not guilty on count(s) 1s,2s,3s,4s,6s,10s,11s,12s.  *Defendant was acquitted by the Court on counts 
13s and 14s. (See ECF No. 251). 
☐ Count(s)  ☐ is    ☐ 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. 
        
 
 
 
 
Signature of Judge 
 
BETH BLOOM  
UNITED STATES DISTRICT JUDGE 
Name and Title of Judge 
 
August 28, 2024 
Date 
Case 1:22-cr-20290-BB   Document 294   Entered on FLSD Docket 08/30/2024   Page 1 of 7

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
     IMPRISONMENT 
 
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:   
 
18 months;  Term consists of   18 months as to each of Counts  5s, 7s & 8s & 9s  terms to run concurrently.  
 
☐ The court makes the following recommendations to the Bureau of Prisons:   
                                                                                                                                                                                             
 
 
☐ 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 surrender to the United States Marshal for this district or the 
institution designated by the Bureau of Prisons: 
 
☒ 
On August 23, 2024 by 4:00 pm.                                                                
☐ 
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 1:22-cr-20290-BB   Document 294   Entered on FLSD Docket 08/30/2024   Page 2 of 7

SUPERVISED RELEASE 
 
Upon release from imprisonment, the defendant shall be on supervised release for a term of :  three (3) years.  Term consists of three 
years as to each of Counts 5s,7s,8s & 9s; terms to run concurrent. 
 
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 which 
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 additional 
conditions on the attached page. 
 
Case 1:22-cr-20290-BB   Document 294   Entered on FLSD Docket 08/30/2024   Page 3 of 7

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. I understand additional information regarding these conditions is available at 
www.flsp.uscourts.gov. 
 
Defendant’s Signature 
 
 
Date 
 
 
 
Case 1:22-cr-20290-BB   Document 294   Entered on FLSD Docket 08/30/2024   Page 4 of 7

SPECIAL CONDITIONS OF SUPERVISION 
 
Financial Disclosure Requirement: The defendant shall provide complete access to financial information, 
including disclosure of all business and personal finances, to the U.S. Probation Officer. 
No New Debt Restriction: The defendant shall not apply for, solicit or incur any further debt, included but not 
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or 
through any corporate entity, without first obtaining permission from the United States Probation Officer. 
Permissible Search: The defendant shall submit to a search of his/her person or property conducted in a 
reasonable manner and at a reasonable time by the U.S. Probation Officer. 
Self-Employment Restriction: The defendant shall obtain prior written approval from the Court before 
entering into any self-employment. 
Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution, 
fines, or special assessments, the defendant shall notify the probation officer of any material change in the 
defendant's economic circumstances that might affect the defendant's ability to pay. 
 
 
Case 1:22-cr-20290-BB   Document 294   Entered on FLSD Docket 08/30/2024   Page 5 of 7

CRIMINAL MONETARY PENALTIES 
 
The defendant must pay the total criminal monetary penalties under the schedule of payments page. 
 
Assessment 
Restitution 
Fine 
AVAA Assessment* 
JVTA Assessment** 
TOTALS 
$400.00 
$317,969.80 
$20,000.00 
 
 
 
 
☐ 
The determination of restitution is deferred until       An Amended Judgment in a Criminal Case (AO245C) 
will be entered after such determination. 
 
The defendant must make restitution (including community restitution) to the following payees in the 
amount listed below. 
 
 
Care of US Probation Office 
 
 
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment.  However, pursuant to 18 U.S.C. 
§ 3664(i), all nonfederal victims must be paid before the United States is paid. 
 
 
 
☐ 
Restitution amount ordered pursuant to plea agreement $                                                           
☐ 
The defendant must pay interest on restitution and a fine 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 the schedule of 
payments page 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: 
 
Restitution with Imprisonment - It is further ordered that the defendant shall pay restitution in the amount of $317,969.80. During the 
period of incarceration, payment shall be made as follows: (1) if the defendant earns wages in a Federal Prison Industries (UNICOR) 
job, then the defendant must pay 50% of wages earned toward the financial obligations imposed by this Judgment in a Criminal Case; 
(2) if the defendant does not work in a UNICOR job, then the defendant must pay a minimum of $25.00 per quarter toward the 
financial obligations imposed in this order. Upon release of incarceration, the defendant shall pay restitution at the rate of 10% of 
monthly gross earnings, until such time as the court may alter that payment schedule in the interests of justice. The U.S. Bureau of 
Prisons, U.S. Probation Office and U.S. Attorney’s Office shall monitor the payment of restitution and report to the court any material 
change in the defendant’s ability to pay. These payments do not preclude the government from using other assets or income of the 
defendant to satisfy the restitution obligations. 
 
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. §2259. 
** Justice for Victims of Trafficking Act of 2015, 18 U.S.C. §3014. 
*** 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 1:22-cr-20290-BB   Document 294   Entered on FLSD Docket 08/30/2024   Page 6 of 7

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 payments of $400.00 due immediately, balance due                                          
 
It is ordered that the Defendant shall pay to the United States a special assessment of $400.00 for Counts 5s, 7s, 8s, and 9s  
which shall be due immediately.  Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be 
addressed to: 
 
U.S. CLERK’S OFFICE 
ATTN: FINANCIAL SECTION 
400 NORTH MIAMI AVENUE, ROOM 8N09 
MIAMI, FLORIDA 33128-7716 
 
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 
 
See above for 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 forfeit the defendant’s interest in the following property to the United States: 
 
FORFEITURE of the defendant’s right, title and interest in certain property is hereby ordered consistent with the plea 
agreement.  The United States shall submit a proposed Order of Forfeiture within three days of this proceeding. 
 
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. 
 
 
Case 1:22-cr-20290-BB   Document 294   Entered on FLSD Docket 08/30/2024   Page 7 of 7

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