Stipulation with Proposed Order re: Restitution as to Frank Mosley — USA v. Mosley et al. (Dkt. 107, N.D. Cal.)

Record facts

U.S. District Court for the Northern District of California · No. 4:23-cr-00134-AMO · Doc. 107 · 2024-05-20 · Docket on CourtListener

Full text

STIPULATION AND ORDER RE: RESTITUTION 
23-CR-0134-AMO 
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ISMAIL J. RAMSEY (CABN 189820) 
United States Attorney 
 
MARTHA BOERSCH (CABN 126569) 
Chief, Criminal Division 
 
ABRAHAM FINE (CABN 292647) 
Assistant United States Attorney 
 
1301 Clay Street, Suite 340S 
Oakland, California 94612 
Telephone: (510) 637-3717 
FAX: (510) 637-3724 
Abraham.fine@usdoj.gov 
 
Attorneys for United States of America 
 
UNITED STATES DISTRICT COURT 
 
NORTHERN DISTRICT OF CALIFORNIA 
 
OAKLAND DIVISION 
 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
FRANK MOSLEY, 
Defendant. 
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CASE NO. 23-CR-0134-AMO 
 
STIPULATION AND [PROPOSED] ORDER RE: 
RESTITUTION 
 
Sentencing Hearing: May 6, 2024  
 
The Honorable ARACELI MARTÍNEZ OLGUÍN  
 
 
The United States and defendant FRANK MOSLEY (“Defendant”), by and through their counsel 
of record, hereby stipulate as follows: 
1. 
On August 7, 2023, Defendant pled guilty to  conspiracy to commit bank fraud in 
violation of 18 U.S.C. § 1349 and aiding and advising in the filing of a false tax returns in violation of 
26 U.S.C. § 7206(2). 
2. 
At the sentencing hearing on May 6, 2024 the Court ordered Defendant to serve 30 
months in custody, plus three years of supervised release and deferred the determination of restitution.   
3. 
Restitution is mandatory to victims of fraud pursuant to 18 U.S.C. § 3663A (MVRA). 
Specifically, the law provides that a court “shall order . . . restitution” and that this restitution order 
“shall order restitution to each victim” through the appropriate court mechanism “in the full amount of 
Case 4:23-cr-00134-AMO     Document 107     Filed 05/20/24     Page 1 of 4

 
 
 
STIPULATION AND ORDER RE: RESTITUTION 
23-CR-0134-AMO 
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the victim’s losses as determined by the court and without consideration of the economic circumstances 
of the defendant.” 18 U.S.C. § 3664(f)(1)(A). 
4. 
To conserve judicial resources, to bring about a speedy resolution of this matter, and to 
avoid further litigation, the parties agree and jointly request that the Court, upon approval of this 
Stipulation, may enter an Amended Judgment to order restitution to the individuals and/or entities in the 
amounts as set forth below: 
a. $3,082,404 in total to the Small Business Administration, 721 19th Street, 3rd Floor, 
Room 301, Denver, CO 80202.  
The parties stipulate that the above individuals and/or entities qualify as “victims” under the statutes 
cited in paragraph 3, supra and pursuant to the parties’ plea agreement and are otherwise entitled to 
restitution under 18 U.S.C. § 3663A(a)(3).  The United States shall furnish the Clerk’s Office with 
physical address information for each individual and/or entity.   
5. 
The parties agree that the full amount of special assessment and restitution is due in 
accordance with 18 U.S.C. § 3572(d) and in accordance with the parties’ plea agreement. 
6. 
The parties further agree to the following payment schedule: 
a. During imprisonment, payment of criminal monetary penalties is due at the rate of not 
less than $25 per quarter and payment shall be through the Bureau of Prisons’ Inmate 
Financial Responsibility Program. 
b. Once Defendant is on supervised release, Defendant shall pay restitution in monthly 
payments of not less than $100 or at least 10% of earnings, whichever is greater, to 
commence no later than 60 days from placement on supervision. 
7. 
Notwithstanding any payment schedule set by the court, the United States Attorney’s 
Office may pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 
3664(m) and in accordance with the parties’ plea agreement.  The restitution payments shall be made to 
the Clerk of U.S. District Court, Attention: Finance Unit, 450 Golden Gate Ave., Box 36060, San 
Francisco, CA 94102. 
8. 
The defendant’s restitution obligation shall be paid jointly and severally for the entire 
amount with Reginald Mosley and Kenya Ellis, defendants in this case and the related case (No. 23-cr-
Case 4:23-cr-00134-AMO     Document 107     Filed 05/20/24     Page 2 of 4

 
 
 
STIPULATION AND ORDER RE: RESTITUTION 
23-CR-0134-AMO 
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0136-AMO).   The defendant’s restitution obligation shall be paid jointly and severally to the amount of 
$380,000 with Scott Conway, to the amount of $500,000 with Aaron Boren, and to the amount of 
$1,018,709 with Marcus Wilborn, also defendants in this related case. 
9. 
The parties request that the Court issue an Amended Judgment ordering restitution 
payable to the individuals and/or entities identified and the terms outlined above. 
SO STIPULATED. 
 
DATED: May 20, 2024 
 
 
 
 
 
 
 
 
 
 
 
 
ISMAIL J. RAMSEY 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
/s/ 
 
 
 
 
 
 
 
 
 
 
 
 
ABRAHAM FINE 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
 
 
DATED: May 20, 2024 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ 
 
 
 
 
 
 
 
 
 
 
 
 
MALCOLM SEGAL 
 
 
 
 
 
 
 
Attorney for Defendant FRANK MOSLEY 
 
 
Case 4:23-cr-00134-AMO     Document 107     Filed 05/20/24     Page 3 of 4

 
 
 
STIPULATION AND ORDER RE: RESTITUTION 
23-CR-0134-AMO 
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[PROPOSED] ORDER 
FRANK MOSLEY will pay a total of $3,082,404 in restitution, in the amounts specified to the 
individuals and/or entities specified as follows:  
a. $3,082,404 in total to the Small Business Administration, 721 19th Street, 3rd Floor, 
Room 301, Denver, CO 80202.   
The above individuals/entities qualify as victims pursuant to 18 U.S.C. § 3663A.   
The full amount of special assessment and restitution is due in accordance with parties’ plea 
agreement.  During imprisonment, payment of criminal monetary penalties is due at the rate of not less 
than $25 per quarter and payment shall be through the Bureau of Prisons’ Inmate Financial 
Responsibility Program. Once Defendant is on supervised release, Defendant shall pay restitution in 
monthly payments of not less than $100 or at least 10% of earnings, whichever is greater, to commence 
no later than 60 days from placement on supervision. 
Notwithstanding any payment schedule set by the court, the United States Attorney’s Office may 
pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 3664(m).  The 
criminal monetary penalty payments shall be made to the Clerk of U.S. District Court, Attention: 
Finance Unit, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102. 
The defendant’s restitution obligation shall be paid jointly and severally for the entire amount 
with Reginald Mosley and Kenya Ellis, defendants in this case and the related case (No. 23-cr-0136-
AMO).   The defendant’s restitution obligation shall be paid jointly and severally to the amount of 
$380,000 with Scott Conway, to the amount of $500,000 with Aaron Boren, and to the amount of 
$1,018,709 with Marcus Wilborn, also defendants in this related case. 
 
The Probation Office shall prepare an amended judgment in accordance with this order. 
IT IS SO ORDERED. 
 
DATE:  
 
HON. ARACELI MARTÍNEZ OLGUÍN 
UNITED STATES DISTRICT JUDGE 
Case 4:23-cr-00134-AMO     Document 107     Filed 05/20/24     Page 4 of 4

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