Judgment in a Criminal Case — United States v. Pacheco (Dkt. 81, D. Mass.)

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A judgment in a criminal case in United States v. Tiffany Pacheco, Case Number 1:21-cr-10025-IT, in the U.S. District Court for the District of Massachusetts, filed April 29, 2022 as Document 81. It records that the defendant, represented by Oscar Cruz, Jr., pleaded guilty to counts 1, 2-7 and 8 of the superseding information, including conspiracy to commit wire fraud under 18 U.S.C. §§1349 & 1343 ending December 31, 2020 and wire fraud counts under 18 U.S.C. § 1343. The court imposes a total term of 42 months: 18 months concurrently on counts 1-7 and 24 months consecutively on count 8. The judgment also orders forfeiture of $17,181.00.

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Case 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 1 of 8

  AO 245B (Rev. 11/16) Judgment in a Criminal Case
                     Sheet 1

                                    UNITED STATES DISTRICT COURT

                                                  District of Massachusetts

              UNITED STATES OF AMERICA                                  JUDGMENT IN A CRIMINAL CASE

                              Vv.                                 )

                      TIFFANY PACHECO                                   Case Number: 1: 21 CR 10025               - IT - 1

                                                                  )     USM Number: 82603-380

                                                                         Oscar Cruz, Jr.

                                                                  )     Defendant’s Attorney                   7
  THE DEFENDANT:

  M pleaded guilty to count(s)   1, 2-7, 8 of the superseding information

  C1 pleaded nolo contendere to count(s)

    which was accepted by the court.

(was found guilty on count(s)                                                    ;                                       _
   after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section             Nature of Offense                                                  Offense Ended           Count
18 U.S.C. §§1349 & 1343.   Conspiracy to Commit Wire Fraud                                        12/31/20        1

18 U.S.C. § 1343          Wire Fraud                                                             06/16/20         2
18 U.S.C. § 1343          Wire Fraud                                                             08/17/20        3-4
18 USC § 1343             Wire Fraud                                                             08/30/20         5
18 USC § 1343             Wire Fraud                                                              11/27/20       6

      The defendant is sentenced as provided in pages 2 through       8       of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.

 CJ The defendant has been found not guilty on count(s)                            ;                —

 C] Count(s)         —              -             O 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.

                                                                 4/27/2022

                                                                Date of Imposition of Judgment

                                                                ‘Signature of Judge

                                                                       Indira Talwani

                                                                       U.S. District Judge

                                                                Name and Title of Judge

                                                                 4/28/2022

                                                                Date

Case 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 2 of 8

AO 245B (Rev. 02/18) Judgment in a Criminal Case
Sheet 1A

2——
Judgment—Page of _
DEFENDANT: TIFFANY PACHECO

CASE NUMBER: 1:21 CR 10025 -IT -1

ADDITIONAL COUNTS OF CONVICTION

Title & Section Nature of Offense Offense Ended Count
18 USC § 1343 Wire Fraud 12/08/20 7
18 U.S.C. § 1028A(a)(1)_ | Aggravated Identity Theft 08/30/20 8


Case 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 3 of 8

AO 245B (Rev. 11/16) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 2 of 8
DEFENDANT: TIFFANY PACHECO
CASE NUMBER: 1: 21 CR 10025 -IT -1

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total
term of: 42 month(s)

consisting of 18 months, served concurrently on counts 1-7, and 24 months, served consecutively on count 8.

4] The court makes the following recommendations to the Bureau of Prisons:

The court recommends that the Defendant be placed at a facility providing medically assisted drug treatment, that she be provided all
prescribed medications (including medically assisted drug treatment) during transport, and that she be immediately evaluated for further
treatment upon arrival at her new facility. The court recommendations participation in the RDAP program and restorative justice program.

¥1 The defendant is remanded to the custody of the United States Marshal.

{] The defendant shall surrender to the United States Marshal for this district:

(lat  Oam O pm on

C] as notified by the United States Marshal.

[] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

C1 before 2 p.m, on

LI 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 __
a ; _ , with a certified copy of this judgment.
UNITED STATES MARSHAL
By

DEPUTY UNITED STATES MARSHAL

Case 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 4 of 8

AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment—Page 3 of 8
DEFENDANT: TIFFANY PACHECO
CASE NUMBER: 1:21 CR 10025 -IT -1
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of : 3 year(s)

consisting of 3 years on counts 1-7, and 1 year on count 8, served concurrently.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime,
You must not unlawfully possess a controlled substance,
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.
CO 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, [4] You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

5. CL] You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, 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 if applicable)

6. ( You must participate in an approved program for domestic violence. (check if applicable)

we

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 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 5of8

AO 245B (Rev. 11/16) Judgment in a Criminal Case

Sheet 3A — Supervised Release

Judgment—Page s of 8

DEFENDANT: TIFFANY PACHECO
CASE NUMBER: 1:21 CR 10025 -IT -1

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.

ws

11.
12.

13.

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. Ifyou 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 tasers).
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.

US. Probation Office Use Only

AUS. 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.uscourts.gov.

Defendant's Signature Date


Case 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 6 of 8

AO 245B(Rev. 11/16) Judgment in a Criminal Case
Sheet 3D — Supervised Release

oof om

Judgment—Page _

DEFENDANT: TIFFANY PACHECO
CASE NUMBER: 1: 21 CR 10025 -IT -1

SPECIAL CONDITIONS OF SUPERVISION

1. You must participate in a substance use treatment program and follow the rules of that program. The probation officer
will supervise your participation in the program (provider, location, modality, duration, intensity, etc.).

2. You must submit to substance use testing, not to exceed 104 drug tests per year, to determine if you have used a
prohibited substance. You must not attempt to obstruct or tamper with the testing methods.

3. You must participate in a mental health treatment program as directed by the Probation Office.

4. You must pay the balance of restitution imposed according to a court-ordered repayment schedule.

5. You are prohibited from incurring new credit charges or opening additional lines of credit without the approval of the
Probation Office while any financial obligations remain outstanding.

6. You must provide the Probation Office access to any requested financial information, which may be shared with the
Financial Litigation Unit of the U.S. Attorney's Office.

7. You shail be required to contribute to the costs of evaluation, treatment, programming, and/or monitoring (see Special
Condition #1 and 3), based on the ability to pay or availability of third-party payment.

8. The court recommends that the defendant take part in a Restorative Justice program.

Case 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 7 of 8

AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page 5 of 6

DEFENDANT; TIFFANY PACHECO
CASE NUMBER: 1:21 CR 10025 -IT -1

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment JVTA Assessment* Fine Restitution
TOTALS $ 800.00 $ $ $
C1 The determination of restitution is deferred until _ . An Amended Judgment in a Criminal Case (AO 245¢) will be entered
after such determination.

(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 approximatel roportioned ayment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss** Restitution Ordered Priority or Percentage
Clerk, U.S. District Court $199,555.00 .
TOTALS $ 0.00 § 199,555.00

C)_ 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).

(1 _ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[] the interest requirement is waived forthe (J fine (1 restitution.

C] the interest requirement forthe [] fine 1 restitution is modified as follows:

* Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. . .
** 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 1:21-cr-10025-IT Document 81 Filed 04/29/22 Page 8 of 8

AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 7 of 8
DEFENDANT: TIFFANY PACHECO
CASE NUMBER: 1:21 CR 10025 -IT -1
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 payment of$ 800.00 due immediately, balance due
( | not later than , Or
C} inaccordancewith ] C, 7 D, CF E,or (0) F below; or
B [1 Payment to begin immediately (may be combined with OIC, OD,or (1 F below); or
C (© Payment in equal (e.g., weekly, monthly, quarterly) installments of $ ____ over a period of
(¢.g., months or years), to commence _ (e.g., 30 or 60 days) after the date of this judgment; or
D (Payment in equal __ (eg. weekly, monthly, quarterly) installments of $ 7 over a period of
(e.g., months or years), to commence ___ (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E [J Payment during the term of supervised release will commence within (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

F (Special instructions regarding the payment of criminal monetary penalties:

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of 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.

QO Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

[1 The defendant shall pay the cost of prosecution.

Oo

The defendant shall pay the following court cost(s):
Wi The defendant shall forfeit the defendant’s interest in the following property to the United States:
$17,181.00

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine
interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.

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