Information — United States v. Andrew Marnell (Dkt. 101, C.D. Cal. No. 2:20-cr-00319)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00319-RGK · Doc. 101 · 2023-11-07 · Docket on CourtListener

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United States District Court
Central District of California
AMENDED
UNITED STATES OF AMERICA vs.
Docket No. 
2:20-cr-00319(A)-RGK-1
JS3
Defendant
Andrew Marnell
Social Security No.
4
3
7
2
akas:
Andrew Maxwell; Andrew Merrill; Tyler
Lerman
(Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
MONTH
DAY
YEAR
In the presence of the attorney for the government, the defendant appeared in person
JUL
10
2023
COUNSEL
Neha Christerna, DFPD
(Name of Counsel)
PLEA
 X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO
CONTENDERE
 
NOT
GUILTY
FINDING
 There being a finding/verdict of  GUILTY, defendant has been convicted as charged of the offense(s) of:
Bank Fraud, in violation of  Title 18 U.S.C. Section 1344(2), 2(b), as charged in Count 1 of the First
Superseding Information; and 
Money Laundering, in violation of  Title 18 U.S.C. Section 1957, 2(b), as charged in Count 2 of the
First Superseding Indictment.
JUDGMENT
AND PROB/
COMM
ORDER
The Court asked whether there was any reason why judgment should not be pronounced.  Because no sufficient cause to the
contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the
custody of the Bureau of Prisons to be imprisoned for a term of: 79 (Seventy-Nine) MONTHS.  This term consists
of 79 months on Count 1 and 79 months on Count 2 of the First Superseding Indictment, to be served
concurrently.     
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years on Count 1, and 3 years on Count 2,
to be served concurrently, under the following terms and conditions: 
1.
The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services Office and Second
Amended General Order 20-04, including the conditions of probation and supervised release set forth in Section III of Second
Amended General Order 20-04.
2.
During the period of community supervision, the defendant shall pay the special assessment and restitution in accordance with this
judgment's orders pertaining to such payment.
3.
The defendant shall cooperate in the collection of a DNA sample from the defendant.
4.
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15
days of release from custody and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the
Probation Officer.
5.
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath or
sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using alcohol and illicit drugs, and from
abusing prescription medications during the period of supervision.
CR-104 (wpd 12/20)
JUDGMENT & PROBATION/COMMITMENT ORDER
Page 1 of 6
Case 2:20-cr-00319-RGK   Document 101   Filed 11/07/23   Page 1 of 6   Page ID #:514

USA vs.
Andrew Marnell
Docket No.:
2:20-cr-00319(A)-RGK-1
6.
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the
defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or
drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the
defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer.
7.
The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the
program by the treatment provider, with the approval of the Probation Officer.
8.
As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered treatment to the aftercare
contractors during the period of community supervision. The defendant shall provide payment and proof of payment as directed by the
Probation Officer. If the defendant has no ability to pay, no payment shall be required.
9.
The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any other
financial gains to the Court-ordered financial obligation.
10.
The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct
of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation.
11.
The defendant shall not be employed in any capacity wherein the defendant has custody, control, or management of the defendant's
employer's funds.
12.
The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs or where
the defendant invests funds, without the express approval of the Probation Officer prior to engaging in such employment.  Further, the
defendant shall provide the Probation Officer with access to any and all business records, client lists, and other records pertaining to
the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer.
13.
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of
identification in any name, other than the defendant's true legal name, nor shall the defendant use, any name other than the defendant's
true legal name without the prior written approval of the Probation Officer.
The Court authorizes the Probation & Pretrial Services Office to disclose the Presentence Report to the substance abuse treatment provider to
facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment
provider is prohibited without the consent of the sentencing judge. 
The Court authorizes the Probation Officer to disclose the Presentence Report, and any previous mental health evaluations or reports, to the
treatment provider. The treatment provider may provide information (excluding the Presentence report), to State or local social service agencies
(such as the State of California, Department of Social Service), for the purpose of the client's rehabilitation. 
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. Any unpaid balance shall
be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial
Responsibility Program.
It is ordered that the defendant shall pay restitution.  The determination of the total amount of restitution payments is deferred.  A hearing on
restitution is set for August 28, 2023, at 10:00 a.m. Defendant waives his presence at the restitution hearing.  The parties shall submit briefing
on the restitution issues well  in advance of the hearing date. An Amended judgment will be entered after such determination.
Pursuant to 18 U.S.C. § 3663A, defendant Andrew Marnell ("defendant") is ordered to pay restitution in the above-entitled action in the total
amount of $5,627,076.33 pursuant to the Order re Restitution [99] filed on November 3, 2023, and incorporated herein by reference.
Should the Court determine that the defendant is unable to pay full restitution immediately, the balance of restitution shall be due during the
period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility
Program. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least 10% of defendant's gross
monthly income but not less than $5,000, whichever is greater, shall be made during the period of supervised release. These payments shall
begin 60 days after the commencement of supervision.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or
percentage payment is specified.
The defendant shall comply with Second Amended General Order No. 20-04.
CR-104 (wpd 12/20)
JUDGMENT & PROBATION/COMMITMENT ORDER
Page 2 of 6
Case 2:20-cr-00319-RGK   Document 101   Filed 11/07/23   Page 2 of 6   Page ID #:515

USA vs.
Andrew Marnell
Docket No.:
2:20-cr-00319(A)-RGK-1
Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not
likely to become able to pay any fine in addition to paying restitution.
The Court recommends that the Bureau of Prisons evaluate the defendant's eligibility for the 500-hour drug treatment or RDAP program, 
conduct a mental health evaluation of the defendant, and provide all necessary treatment. 
Additionally, the Court recommends that Defendant be placed in a 12 month half-way house program.
Further, the Court recommends that defendant be designated in Des Moines, IA to be close to his family.  
Defendant advised of his appeal rights.
Government’s motion to dismiss the underlying indictment is granted.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
Supervised Release within this judgment be imposed.  The Court may change the conditions of supervision, reduce or extend the period of
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
supervision for a violation occurring during the supervision period.
11/7/2023
Date
U. S. District Judge
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
11/7/2023
By
Clerk, U.S. District Court
s/ J. Remigio
Filed Date
Deputy Clerk
The defendant must comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
CR-104 (wpd 12/20)
JUDGMENT & PROBATION/COMMITMENT ORDER
Page 3 of 6
Case 2:20-cr-00319-RGK   Document 101   Filed 11/07/23   Page 3 of 6   Page ID #:516

USA vs.
Andrew Marnell
Docket No.:
2:20-cr-00319(A)-RGK-1
1.
The defendant must not commit another federal, state, or local
crime;
2.
The defendant must report to the probation office in the federal
judicial district of residence within 72 hours of imposition of a
sentence of probation or release from imprisonment, unless
otherwise directed by the probation officer;
3.
The defendant must report to the probation office as instructed by
the court or probation officer;
4.
The defendant must not knowingly leave the judicial district
without first receiving the permission of the court or probation
officer;
5.
The defendant must answer truthfully the inquiries of the probation
officer, unless legitimately asserting his or her Fifth Amendment
right against self-incrimination as to new criminal conduct;
6.
The defendant must reside at a location approved by the probation
officer and must notify the probation officer at least 10 days before
any anticipated change or within 72 hours of an unanticipated
change in residence or persons living in defendant’s residence;
7.
The defendant must permit the probation officer to contact him or
her at any time at home or elsewhere and must permit confiscation
of any contraband prohibited by law or the terms of supervision and
observed in plain view by the probation officer;
8.
The defendant must work at a lawful occupation unless excused by
the probation officer for schooling, training, or other acceptable
reasons and must notify the probation officer at least ten days
before any change in employment or within 72 hours of an
unanticipated change;
9.
The defendant must not knowingly associate with any persons engaged
in criminal activity and must not knowingly associate with any person
convicted of a felony unless granted permission to do so by the probation
officer. This condition will not apply to intimate family members, unless
the court has completed an individualized review and has determined
that the restriction is necessary for protection of the community or
rehabilitation;
10.
The defendant must refrain from excessive use of alcohol and must not
purchase, possess, use, distribute, or administer any narcotic or other
controlled substance, or any paraphernalia related to such substances,
except as prescribed by a physician;
11.
The defendant must notify the probation officer within 72 hours of being
arrested or questioned by a law enforcement officer;
12.
For felony cases, the defendant must not possess a firearm, ammunition,
destructive device, or any other dangerous weapon;
13.
The defendant must not act or enter into any agreement with a law
enforcement agency to act as an informant or source without the
permission of the court;
14.
The defendant must follow the instructions of the probation officer to
implement the orders of the court, afford adequate deterrence from
criminal conduct, protect the public from further crimes of the
defendant; and provide the defendant with needed educational or
vocational training, medical care, or other correctional treatment in the
most effective manner.
CR-104 (wpd 12/20)
JUDGMENT & PROBATION/COMMITMENT ORDER
Page 4 of 6
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The defendant must also comply with the following special conditions (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not
applicable for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check
or money order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number.
Payments must be delivered to: 
United States District Court, Central District of California 
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012
or such other address as the Court may in future direct.
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).
The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k). 
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).
Payments will be applied in the following order:
1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United
                                States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and 
5. Other penalties and costs.
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS
As directed by the Probation Officer, the defendant must provide to the Probation Officer:  (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial
statement, with supporting documentation as to all assets, income and expenses of the defendant.  In addition, the defendant must not apply
for any loan or open any line of credit without prior approval of the Probation Officer.
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.
The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
X
CR-104 (wpd 12/20)
JUDGMENT & PROBATION/COMMITMENT ORDER
Page 5 of 6
Case 2:20-cr-00319-RGK   Document 101   Filed 11/07/23   Page 5 of 6   Page ID #:518

USA vs.
Andrew Marnell
Docket No.:
2:20-cr-00319(A)-RGK-1
RETURN
I have executed the within Judgment and Commitment as follows:
Defendant delivered on
to
Defendant noted on appeal on
Defendant released on
Mandate issued on 
Defendant’s appeal determined on
Defendant delivered on
to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
By
United States Marshal
Date
Deputy Marshal
CERTIFICATE
I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
By
Clerk, U.S. District Court
Filed Date
Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) modify the conditions of supervision.
These conditions have been read to me.  I fully understand the conditions and have been provided a copy of them.
(Signed) 
Defendant
Date
U. S. Probation Officer/Designated Witness
Date
CR-104 (wpd 12/20)
JUDGMENT & PROBATION/COMMITMENT ORDER
Page 6 of 6
Case 2:20-cr-00319-RGK   Document 101   Filed 11/07/23   Page 6 of 6   Page ID #:519

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