Judgment as to Heath Gauthier (1), Counts 1-3, 1s, 3s, 4-6, 5s-6s, 7-9 — USA v. Gauthier (Dkt. 47)

Record facts

D.N.H. · No. 1:23-cr-00015-JL-TSM · Doc. 47 · 2024-06-28 · Docket on CourtListener

Full text

AO 245B (Rev. 09/19)
Judgment in a Criminal Case
USDC-NH (8/21)
Sheet 1
United States District Court
r?
t'
-
■
District ofNew Hampshire
)
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA
)
)
V.
)
HEATH GAUTHIER
Case Number:
23-cr-15-JL-TSM
)
)
USM Number:
44761-510
)
)
Dorothy E. Graham. Esq.
)
Defendant’s Attorney
THE DEFENDANT:
pleaded guilty to count(s)
□pleaded nolo contendere to count(s)
which was accepted by the court.
□was found guilty on count(s)
 
after a plea of not guilty.
2s, 4s, 7s, 10s
The defendant is adjudicated guilty of these offenses:
Title & Section
Nature of Offense
Offense Ended
Count
18U.S.C.§1343
Wire Fraud
2/9/2021
2s
18 U.S.C. §§ 1343,1349
Attempted Wire Fraud
18U.S.C.§1028A
8/4/2020
4s
Aggravated Identity Theft
8/4/2020
7s
9
The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.
□The defendant has been found not guilty on count(s)
 
21 Count(s)
1-9, Is, 3s, 5s, 6s, 8s, 9s
of this judgment. The sentence is imposed pursuant to
El are dismissed on the motion of the United States.
□
is
It is ordered Aat the defendant must notify the United States attorney for this district within 30 days ofany change ofname, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by thisjudgment are fUlly paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.
6/28/2024
Date of Imposition of Jud]
k2i
Signature of Judge'
Joseph N. Laplante U.S. District Judge
Name and Title of Judge
Date
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 1 of 11

AO 245B (Rev. 09/19)
Judgment in a Criminal Case
USDC-NH (8/21)
Sheet lA
1
^
Judgment—Page
DEFENDANT:
HEATH GAUTHIER
CASE NUMBER:
23-cr-15-JL-TSM
ADDITIONAL COUNTS OF CONVICTION
Title & Section
Nature of OfYense
Offense Ended
Count
18U.S.C. §§ 2252A(a)
(5){B) & (b)(2)
2/16/2023
10s
Possession of Child Pornography
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 2 of 11

AO 245B (Rev. 09/19) Judgment in Criminal Case
USDC-NH (8/21)
Sheet 2 — Imprisonment
9
Judgment — Page
3
of
DEFENDANT:
HEATH GAUTHIER
CASE NUMBER:
23-cr-15-JL-TSM
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of:
Term of one hundred forty five (145) months. This term consists of a term of 121 months on Counts 2s, 4s and 10s, and a term
of 24 months on Count 7s, to be served consecutively to the term imposed on all other counts.
The court makesthe followingrecommendationsto the Bureau of Prisons:
The Court recommends that the defendant be designated to an institution commensurate with security where the
defendant can participate in sex offender treatment. The court also recommends the defendant be designated at FMC
□evens for the availability of visitation of his family, which will facilitate good behavior and rehabilitation, and successful
reentry into the community.
The defendant is remanded to the custody of the United States Marshal.
El
□
The defendant shall surrender to the United States Marshal for this district:
□
at
□
a.m.
□
as notified by the United States Marshal.
□
p.m.
on
□
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
□
before 2 p.m. on
□
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
, with a certified copy of this judgment.
at
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 3 of 11

AO 245B (Rev. 09/19)
Judgment in a Criminal Case
USDC-NH (8/21)
Sheet 3 —■Supervised Release
4
of
Judgment—Page
DEFENDANT:
HEATH GAUTHIER
CASE NUMBER:
23-cr-15-JL-TSM
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
Term of five (5) years. This term consists of terms of 3 years on Counts 2s and 4s, a term of 1 year on Count 7s, and a term
of 5 years on Count 10s, such terms to run concurrently.
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, not to exceed 72 drug tests per year of supervision.
D 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 ifapplicable)
2l You must cooperate in the collection of DNA as directed by the probation officer, (check ifapplicable)
You must comply with the requirements of the Sex Offender Registration and NotificationAct (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 the location where you
reside, work, are a student, or were convicted of a qualifying offense, (check ifapplicable)
□You must participate in an approved program for domestic violence, (check ftapplicable)
5.
6.
7.
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 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 4 of 11

AO 245B (Rev. 09/19)
Judgment in a Criminal Case
USDC-NH(8/21)
Sheet 3A — Supervised Release
of
Judgment—Page
DEFENDANT:
HEATH GAUTHIER
CASE NUMBER:
23-cr-15-JL-TSM
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.
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.
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.
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.
You must answer truthfully the questions asked by your probation officer.
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.
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.
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.
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.
If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
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 lasers).
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.
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.
You must follow the instructions of the probation officer related to the conditions of supervision.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
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. For further information regarding these conditions, see Overview ofProbation and Supervised
Release Conditions, available at: www.uscQurts.gov.
Defendant's Signature
Date
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 5 of 11

AO 245B (Rev. 09/19)
Judgment in a Criminal Case
USDC-NH (8/21)
Sheet 3D — Supervised Release
_9
Judgment—Page
6
of
DEFENDANT:
HEATH GAUTHIER
CASE NUMBER: 23-cr-15-JL-TSM
SPECIAL CONDITIONS OF SUPERVISION
Substance Abuse Treatment, Testing, Abstinence
1. 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.
2. You must not use or possess alcohol.
3. You must not knowingly purchase, possess, distribute, administer, or otherwise use any psychoactive substances (e.g.
synthetic marijuana, bath salts, etc.) that impair a person's physical or mental functioning, whether or not intended for
human consumption, except with the prior approval of the probation officer.
Mental Health Treatment
4. You must participate in a mental health treatment program and follow the rules and regulations of that program. The
probation officer, in consultation with the treatment provider, will supervise your participation in the program (provider,
location, modality, duration, intensity, etc.). You must pay for the cost of treatment to the extent you are able,
as determined by the probation officer.
Financial Requirements and Restrictions
5. You must provide the probation officer with access to any requested financial information and authorize the release of
any financial information. The probation office may share financial information with the Financial Litigation Unit of the U.S.
Attorney’s Office.
6. You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer.
7.
If the judgment imposes a financial penalty, you must pay the financial penalty in accordance with the Schedule of
Payments sheet of this judgment. You must also notify the court of any changes in economic circumstances that might
affect the ability to pay this financial penalty.
Association and Contact Restrictions
8. You must not have direct contact with any child you know or reasonably should know to be under the age of 18 without
the permission of the probation officer.
If you do have any direct contact with any child you know or reasonably should
know to be under the age of 18 your own children, without the permission of the probation officer, you must report this
contact to the probation officer within 24 hours. Direct contact includes written communication, in-person communication,
or physical contact. Direct contact does not include incidental contact during ordinary daily activities in public places.
Place Restrictions
9. You must not go to, or remain at, any place where you know children under the age of 18 are likely to be, including
parks, schools, playgrounds,and childcare facilities.
Search and Seizure
10. You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. § 1030
(e)(1)), 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. The probation officer may
conduct a search under this condition only when reasonable suspicion exists that you have violated a condition of
supervisionand that the areas to be searchedcontain evidence of this violation. Any search must be conducted at a
reasonable time and in a reasonable manner.
Restrictions on Viewing Sexually Explicit Materials
11. You must not view or possess any “visual depiction” (as defined in 18 U.S.C. § 2256), including any photograph, film,
video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical
or other means, of “sexually explicit conduct” (as defined in 18 U.S.C. § 2256).
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 6 of 11

AO 245B (Rev. 09/19)
Judgment in a Criminal Case
USDC-NH (8/21)
Sheet 3D — Supervised Release
9
7
of
Judgment—Page
DEFENDANT:
HEATH GAUTHIER
CASE NUMBER:
23-cr-15-JL-TSM
SPECIAL CONDITIONS OF SUPERVISION
Sex Offense-Specific Assessment, Treatment, and Physiological Testing
12. You must participate in a sex offense-specific assessment. You must pay for the cost of the assessment the extent you
are able, as determined by the probation officer.
13. You must participate in a sex offense-specific 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 for the cost of the program to the extent you are able, as determined by the probation officer.
14. You must participate in visual response testing as part of the required participation in a sex offense specific
assessment and/or treatment.
Polygraph for Sex Offender Management
15. You must submit to periodic polygraph testing at the discretion of the probation officer as a means to ensure that you
are in compliance with the requirements of your supervision or treatment program. You must pay for the cost of polygraph
testing to the extent you are able, as determined by the probation officer. When submitting to a polygraph exam, you
do not waive your Fifth Amendment rights, and your exercise of such rights will not give rise to a violation proceeding.
Computer and Internet Restrictions
16. You must not possess and/or use computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications
or data storage devices or media except as approved in advance by the probation officer.
17. You must not access the Internet except for reasons approved in advance by the probation officer.
18. You must submit your computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data
storage devices or media, to a search. You must warn any other people who use these computers or devices capable of
accessing the Internet that the devices may be subject to searches pursuant to this condition. A probation officer may
conduct a search pursuant to this condition only when reasonable suspicion exists that there is a violation of a condition of
supervision and that the computer or device contains evidence of this violation. Any search will be conducted at a
reasonable time and in a reasonable manner.
19. You must allow the probation officer to install computer monitoring software on any computer (as defined in 18 U.S.C.
§ 1030(e)(1)) you use. You must pay for the cost of this monitoring software to the extent you are able, as determined by
the probation officer.
20. To ensure compliance with the computer monitoring condition, you must allow the probation officer to conduct Initial
and periodic unannounced searches of any computers (as defined in 18 U.S.C. § 1030(e)(1)) subject to computer
monitoring. These searches shall be conducted for the purposes of determining whether the computer contains any
prohibited data prior to installation of the monitoring software: to determine whether the monitoring software is functioning
effectively after its installation: and to determine whether there have been attempts to circumvent the monitoring software
after its installation. You must warn any other people who use these computers that the computers may be subject to
searches pursuant to this condition.
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 7 of 11

AO 245B (Rev. 09/19)
Judgment in a Criminal Case
USDC-NH (8/21)
Sheet 5 — Criminal Monetary Penalties
9
8
of
Judgment — Page
DEFENDANT: HEATH GAUTHIER
CASE NUMBER: 23-cr-15-JL-TSM
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
JVTA Assessment**
Fine
AVAA Assessment*
Assessment
Restitution
$
$
Waived
S
400.00
S 202,507.00
S
Waived
TOTALS
. An Amended Judgment in a Criminal Case (AO 245C) will be
□
The determination of restitution is deferred until
entered after such determination.
El
The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid
before the United States is paid.
Priority or Percentage
Name of Payee
Small Business Administration 721 19th St.
'k'kie
Restitution Ordered
Total Loss
$196,507.00
3rd Floor, Room 301,Denver, CO 80202
$3,000.00
$3,000.00
Kauzie" from “RapJerseys” series
'Jack” from “Rap72” series
0.00
202,507.00
TOTALS
$
□
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 Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
0
The court determined that the defendant does not have the ability to pay interest and it is ordered that:
0
the interest requirement is waived for the
□
fine
E]
restitution pursuant to 18U.S.C. §3612(f)(3).
□
the interest requirement for the
□
fine
□
restitution is modified as follows:
□
Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters
committed on or after September 13, 1994, but before April 23, 1996.
109A, 110,11OA, and 113A of Title 18 for offenses
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 8 of 11

AO 245B (Rev, 09/19)
Judgment in a Criminal Case
USDC-NH (8/21)
Sheet 6 — Schedule of Payments
1
5
of
Judgment — Page
DEFENDANT:
HEATH GAUTHIER
CASE NUMBER:
23-cr-15-JL-TSM
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
due immediately,balancedue
A
Lump sum payment of $
40Q.Q0
□
not later than  
2]
in accordance with □
C,
, or
□
E, or
63 F below; or
□
D,
B
□
□C,
□D, or
□F below); or
Payment to begin immediately (may be combined with
C
□
over a period of
(e.g., 30 or 60 days) after the date of this judgment; or
Payment in equal
(e.g., weekly, monthly, quarterly) installments of $
(e.g, months or years), to commence
D
□
over a period of
(e.g.. 30 or 60 days) after release from imprisonment to a
Payment in equal
(e.g., weekly, monthly, quarterly) installments of $
(e.g, months or years), to commence
term of supervision; or
(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
Special instructions regarding the payment of criminal monetary penalties:
Payment is ordered to begin immediately. Payments shall be made in equal monthly installments of $500 within 30
days of commencement of supervision and thereafter. Upon the defendant’s commencement of supervision, the
probation officer shall review the defendant’s financial circumstances and, if necessary, recommend a revised
payment schedule on any outstanding balance for approval by the Court.
Payment during the term of supervised release will commence within
E
□
F
0
Unless the court has expressly ordered otherwise, ifthisjudgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penafties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the Clerk, U.S.
District Court, 55 Pleasant Street, Room
110, Concord, N.H. 03301.
Personal checks are not accepted.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
□
Joint and Several
Case Number
Defendant and Co-Defendant Names
(including defendant number)
Corresponding Payee,
if appropriate
Joint and Several
Amount
Total Amount
□
The defendant shall pay the cost of prosecution.
□
The defendant shall pay the following court cost(s):
0
The defendant shall forfeit the defendant’s interest in the following property to the United States:
The Preliminary Order of Forfeiture is final. It shall be final and made part of the sentencing in this case and included in
the Judgment.
Payments shall be ^plied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (o) fine interest, (7) community restitution, (8) JvTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 9 of 11

Q3seeU233ec^9D)(aQ£5JJlkT™w CEtoconeetmSl i=i1telcD36227224 Rgaj§gLloif)22
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
UNITED STATES OF AMERICA
)
)
)
Case No. l:23-cr-15-JL
V.
)
HEATH GAUTHIER
)
)
PRELIMINARY ORDER OF FORFEITURE
1. The defendant, Heath Gauthier, has pleaded guilty to a Superseding Indictment that
charges him with possession of child pornography, in violation of 1 8 U.S.C. $ 2252rAVaV5VB1
& ('b'lf2T and has agreed to forfeit: (A) One Western Digital 1 GB My Book 1110 external drive;
SN: WCAV5J746I67; (B) One Toshiba Laptop Computer Satellite P75-A7200, SN:
8D040167C; (C) One Motorola Edge Plus 2022 cell phone IMEI-356439690571575, and (D)
One SD Card. DN 38, ^ 13. The defendant acknowledged that (A) through (D) facilitated the
charged offenses. Id.
IT IS HEREBY ORDERED, ADJUGED AND DECREED that: (A) One Western Digital
1 GB My Book 1110 external drive; SN: WCAV5J746167; (B) One Toshiba Laptop Computer
Satellite P75-A7200, SN: 8D040167C; (C) One Motorola Edge Plus 2022 cell phone IMEI-
356439690571575, and (D) One SD Card, are hereby forfeited to the United States, pursuant to
18 U.S.C. § 2253.
The Department of Homeland Security, Homeland Security Investigations, or any
appropriate federal law enforcement agency, shall seize and maintain custody of the forfeited
property until further order of the Court.
IT IS FURTHER ORDERED that this Preliminary Order of Forfeiture shall be made a
part of the sentence and included in the judgment, pursuant to Fed. R. Crim. P. 32.2('b¥3L
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 10 of 11

G3i3eeai233ec4tOT)(155JJlkTm^ [BcaiiinaefdmiSl RHa€!cD3e22m4 m^§^Z2oi)t22
The United States shall follow the provisions of Fed. R. Crim P. 32.2(b)(6), regarding
publication and notification to potential third-party claimants.
The Court shall retain jurisdiction to enforce this Preliminary Order of Forfeiture, and to
amend it as necessary, pursuant to the provisions of Fed. R. Crim. P. 32.2reT
The Clerk shall send copies of this Preliminary Order of Forfeiture to the United States
Probation Office and counsel for all parties and shall send a certified copy of this Preliminary
Order of Forfeiture to the United States Attorney’s Office, Asset Forfeiture Unit.
Entered this
27th
day of
,2024.
June
Joseph N. Lapfante/
li^d States District Judge
Un
2
Case 1:23-cr-00015-JL-TSM     Document 47     Filed 06/28/24     Page 11 of 11

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