Court filing
Judgment - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2023-06-23 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 319 · 2023-06-23 · Docket on CourtListener
Summary
The judgment in a criminal case for Daniel Eric Jay, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, imposed June 23, 2023 by U.S. District Judge Mark H. Cohen and filed the same day as Document 319. It records guilty pleas to Count One, conspiracy to commit wire fraud, and Count Five, bank fraud. The sentence is 87 months' imprisonment on each count, to run concurrently, followed by five years of supervised release with financial disclosure and search conditions. The judgment imposes a special assessment of $200.00, waives a fine, and orders restitution of $4,465,865.55, including $2,045,300.00 to United Community Bank owed jointly and severally with Maurice Fayne. It incorporates the Final Order of Forfeiture dated June 23, 2023 [Doc. 317].
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Full text
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA V. DANIEL ERIC JAY THE DEFENDANT: The defendant pleaded guilty to count(s) ONE and FIVE. The defendant is adjudicated guilty of these offenses: Title & Section Nature ofOffense JUDGMENT IN A CmMINAL CASE Case Number: 1:20-CR-228-MHC-JKL-2 USM Number: 03156-509 L. Burton Finlayson Defendant's Attorney Offense Ended 18U.S.C.§§ 1343 and 1349 Conspiracy to Commit Wire July 14,2020 Fraud Count 18U.S.C. §§ 1344 and 2 Bank Fraud July 14,2020 The defendant is sentenced as provided in pages 2 through 9 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. June 23, 2023 Date of Imposition of Judgment ^-J- Signature of Judge MARK H. COHEN, U. S. DISTRICT JUDGE Name and Title ofJudse \IWL 232-S2.3 Date Case 1:20-cr-00228-MHC-JKL Document 319 Filed 06/23/23 Page 1 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: 1:20-CR-228-MHC-JKL-2 Judgment - Page 2 of 9 Judgment in a Criminal Case Sheet 2 — Imprisonment IMPmSONMENT The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: EIGHTY-SEVEN (87) MONTHS AS TO EACH OF COUNTS ONE (1) AND FIVE (5), ALL COUNTS TO RUN CONCURRENTLY. The court makes the following recommendations to the Bureau of Prisons: (1) that the defendant be allowed to serve his sentence at FCI Morgantown, West Virginia, and (2) that the defendant be recommended for participation in the RDAP program, if qualified, while sen/ing this sentence. 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 Judgment in a Criminal Case Sheet 3 "- Supervised Release Case 1:20-cr-00228-MHC-JKL Document 319 Filed 06/23/23 Page 2 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: 1:20-CR-228-MHC-JKL-2 Judgment -- Page 3 of 9 SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of: FIVE (5) YEARS, AS TO COUNTS ONE (1) AND FIVE (5) TO RUN CONCURRENTLY. Any restitution payment made that is not payment in full, must be paid in monthly installments from any wages you earn in prison, during any period of incarceration, and you must pay, at a minimum, the greater of $25.00 or 50% of the deposits in your inmate tmst account per quarter. Any portion of the restitution that is not paid in full at the time of your release from imprisonment shall become a condition of supervision and be paid to the Clerk, U.S. District Court, Northern District of Georgia for distribution to the victims at a monthly rate of $150.00 plus 25% of any gross monthly income in excess of $2,500.00 per month. 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 dmg test within 15 days of release from imprisonment and at least two periodic drug tests, thereafter, as determined by the court. 4. You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution. 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. 5. You must cooperate in the collection ofDNA as directed by the probation officer. 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-00228-MHC-JKL Document 319 Filed 06/23/23 Page 3 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: 1:20-CR-228-MHC-JKL-2 Judgment " Page 4 of 9 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 mmimum 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, dest"uctive 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 lasers). 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 confmn 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 US. 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.uscouils.20V 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-00228-MHC-JKL Document 319 Filed 06/23/23 Page 4 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: I ;20-CR-228-MHC-JKL-2 Judgment - Page 5 of 9 SPECIAL CONDITIONS OF SUPERVISION As part of your supervised release, you must comply with the following special conditions of supervision. You must make fall 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)(l)), 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. You must participate in an alcohol and / or other substance abuse treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.) You must pay all or part of the costs of the program based on your ability to pay unless excused by the probation officer. You must submit to substance abuse testing to determine if you have used a prohibited substance. You must not obstruct, attempt to obstruct, or tamper with any testing methods. You must pay all or part of the costs of testing based on your ability to pay unless excused by the probation officer. You must not use or possess any controlled substances without a valid prescription. If you do have a valid prescription, you must disclose the prescription information to the probation officer and follow the instructions on the prescription. You must not use or possess alcohol. Case 1:20-cr-00228-MHC-JKL Document 319 Filed 06/23/23 Page 5 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: 1:20"CR-228-MHC-JKL-2 Judgment -- Page 6 of 9 Judgment in a Criminal Case Sheet 5 - Criminal Monetary Penalties CMMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties as provided below. All criminal penalties shall be due immediately. Payments must be made to the Clerk of Court, United States District Court, Northern District of Georgia, 2211 U.S. Courthouse, 75 Ted Turner Drive SW, Atlanta, Georgia, 30303. 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. Restitution TOTAL $4,465,865.55 Restitution in the total amount of $4,465,865.55 is owed in this case. Restitution should be paid to the Clerk of Court for disbursement to the named victims and amounts as listed below. Restitution for the following victims is owedjointly and severally with Maurice Fayne (l:20-cr-228"01): United Community Bank 125 Highway 515 East Blairsville, Georgia 30512 Amount: $2,045,300.00 U.S. Small Business Administrative/DFC 721 19th Street, Third Floor, Room 301 Denver, Colorado 80202 Amount: $20,453.00 Restitution for the following victims is owed jointly and severally with both Maurice Fayne (l:20-cr-228-01) and Michael Sargent(No. 1:21-CR-219-MHC-JKL): Jimia Cain 87101N.HemngtonRoad West Richland, WA 99353 Amount: $221,000.00 Scan Frank 6160 Warren Parkway, #100 Frisco, TX 75094 Amount: $231,862.00 Case 1:20-cr-00228-MHC-JKL Document 319 Filed 06/23/23 Page 6 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: 1:20-CR-228-MHC-JKL-2 Judgment -- Page 7 of 9 Laura Wolf 7252 Mediterranean Drive Piano, TX 75093 Amount: $163,811.19 Robert Tuscana P.O. Box 542285 Grand Prairie, TX 75054 Amount: $52,635.00 Amanda Napier 1351 County Road 1473 Quitman, TX 75783 Amount: $150,000.00 Maria Newman 3617 Stonington Drive Piano, TX 75093 Amount: $174,400.00 Jeanne Johnston 15113 King of Spain Court Dallas, TX 75248 Amount: $156,350.00 Mike Rubial 607 May Road Seagoville,TX75159 Amount: $102,338.47 Linda Appleby 8105ToltecDrive North Little Rock, Arkansas 72116 Amount: $45,000.00 Alejandro Davila 10513 Wild Oak Drive Ft. Worth, TX 76140 Amount: $22,000.00 Edie Lenaburg 3917 Huaco Lane Waco,TX76710 Amount: $128,900.00 Ruben Azrak 222 Maplewood Avenue Oakhurst, New Jersey 07755-1618 Amount: $130,000 Case 1:20-cr-00228-MHC-JKL Document 319 Filed 06/23/23 Page 7 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: 1:20-CR-228-MHC-JKL-2 Judgment -- Page 8 of 9 Terrance Miller 8755 The Espanade Apartment 131 Orlando, Florida 32836 Amount: $50,000.00 Ken Pritchett 2202 Somerset Midlothian, TX 76065 Amount: $544,565.89 Elizabeth Baun 107 Meadow Lane Sewickley,PA15143 Amount: $100,000.00 John B ami 101 Bradford Road Suite 200 Wexford, PA 15090 Amount: $30,000.00 Tameika Price 11816 Indood Road, #3079 Dallas, TX 75244 Amount: $9,600.00 Jamar Rucker 1805 Millside Terrace Dacula,GA30019 Amount: $59,000.00 Sherrie Odom 1309 W. Main Street Waxahachie,TX75165 Amount: $28,650.00 FORFEITURE It is ordered that all of the Defendant's right, title, and interest in the property identified in the Final Order of Forfeiture dated June 23, 2023 [Doc. 317], which is hereby incorporated by reference, is forfeited. Case 1:20-cr-00228-MHC-JKL Document 319 Filed 06/23/23 Page 8 of 9 DEFENDANT: DANIEL ERIC JAY CASE NUMBER: 1:20-CR-228-MHC-JKL-2 Judgment -- Page 9 of 9 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. E Lump sum payment of $4,465,865.55 due immediately, balance due: D not later than , or D in accordance with D C, D D, D E, or D F below; or B. D Payment to begin immediately (may be combined with: D C, D D, or D F below): or C. a 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. El Payment in equal monthly (e.g,. weekly, monthly, quarterly) installments of $150.00 over a period of 60 (e.g., months or years), to commence 60 days (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or E. D 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 Case 1:20-cr-00228-MHC-JKL Document 319 Filed 06/23/23 Page 9 of 9
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