Court filing
Judgment in a Criminal Case — United States v. Andre Lee Gaines
Filed October 5, 2021 in U.S. v. Andre Lee Gaines; one of 12 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-10-05 |
U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00206-JPB · Doc. 12 · 2021-10-05 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v.
ANDRE LEE GAINES
)
)
)
)
)
)
)
JUDGMENT IN A CRIMINAL CASE
Case Number: 1:21-CR-206-1
USM Number: 385-56-2232
Brian Mendelsohn
Defendant’s Attorney
THE DEFENDANT:
The defendant pleaded guilty to Count 1 of the Information.
The defendant is adjudicated guilty of these offenses:
Title & Section
Nature of Offense
Offense Ended
Count
18 U.S.C. § 1001
FALSE, FICTITIOUS, AND
FRADULENT STATEMENT
AND REPRESENTATION TO
A DEPARMENT OR AGENCY
OF THE UNITED STATES
AUGUST 6, 2020
1
The defendant is sentenced as provided in pages 2 through 6 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.
October 5, 2021
Date of Imposition of Judgment
Signature of Judge
J. P. BOULEE, U. S. DISTRICT JUDGE
Name and Title of Judge
Date
October 8, 2021
Case 1:21-cr-00206-JPB Document 12 Filed 10/08/21 Page 1 of 6
DEFENDANT: ANDRE LEE GAINES
CASE NUMBER: 1:21-CR-206-1
Judgment -- Page 2 of 6
Judgment in a Criminal Case
Sheet 4 -- Probation
PROBATION
You are hereby sentenced to probation for a term of FIVE (5) YEARS AS TO COUNT 1 OF THE
INFORMATION.
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, as determined by the
court.
4. You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664.
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 of DNA as directed by the probation officer.
6. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
7. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this
judgment.
8. You must notify the court of any material change in your economic circumstances that might affect your
ability to pay restitution, fines, or special assessments.
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-00206-JPB Document 12 Filed 10/08/21 Page 2 of 6
DEFENDANT: ANDRE LEE GAINES
CASE NUMBER: 1:21-CR-206-1
Judgment -- Page 3 of 6
STANDARD CONDITIONS OF SUPERVISION
As part of your probation, 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.
You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the
time you were sentenced, 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, 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).
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 confirm 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 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 of Probation and Supervised
Release Conditions, available at: www.uscourts.gov
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 1:21-cr-00206-JPB Document 12 Filed 10/08/21 Page 3 of 6
DEFENDANT: ANDRE LEE GAINES
CASE NUMBER: 1:21-CR-206-1
Judgment -- Page 4 of 6
SPECIAL CONDITIONS OF PROBATION
As part of your probation, you must comply with the following special conditions:
1. You must make full 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.
2. You must not incur new credit charges, or open additional lines of credit without the approval of the
probation officer.
3. 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. 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.
4. 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.
Case 1:21-cr-00206-JPB Document 12 Filed 10/08/21 Page 4 of 6
DEFENDANT: ANDRE LEE GAINES
CASE NUMBER: 1:21-CR-206-1
Judgment -- Page 5 of 6
Judgment in a Criminal Case
Sheet 5 -- Criminal Monetary Penalties
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Special Assessment
TOTAL
$100
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.
Fine
TOTAL
$0
Restitution
TOTAL
$806,710.00
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.
Name of Payee
Restitution Ordered
Cross River Bank
Legal Department
400 Kelby Street, 14th Floor
Fort Lee, New Jersey 07024
legaldept@crossriverbank.com
$782,508.70
U.S. Small Business
Administration SBA/DFC
Attn: Paul Keenan
721 19th St.
3rd Floor, Room 301
Denver, CO 80202
$24,201.30
TOTALS
$806,710.00
Case 1:21-cr-00206-JPB Document 12 Filed 10/08/21 Page 5 of 6
DEFENDANT: ANDRE LEE GAINES
CASE NUMBER: 1:21-CR-206-1
Judgment -- Page 6 of 6
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. Lump sum payment of $ due immediately, balance due:
not later than _____, or
in accordance with C, D, E, or F below; or
B. Payment to begin immediately (may be combined with: C, D, or F below): or
C. 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. 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 release from imprisonment to a term of supervision; or
E. 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
F. Special instructions regarding the payment of criminal monetary penalties:
You must pay the above noted financial penalties in accordance with the Schedule of Payments sheet of the
Judgment. All criminal monetary penalties are to be made payable to the Clerk, U.S. District Court, 2211 U.S.
Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303. You must notify the Court of any changes in
economic circumstances that might affect the ability to pay this financial penalty.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
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.
Total Amount: $806,710.00
Joint & Several Amount: $806,710.00 in connection with Gaines Reservation and Travel
Co-defendants: Jesika Blakely, Darrell Thomas, Teldrin Foster, John Gaines, and Carla Jackson USA v. Thomas et al
1:20-cr-296
Payees: Cross River Bank, U.S. Small Business Administration SBA/DFC
The defendant shall pay the cost of prosecution.
The defendant shall pay the following court cost(s):
The defendant shall forfeit the defendant's interest in the following property to the United States:
$177,828.46 in funds seized from JPMorgan Chase account number XXXXX6500, held in the name of Gaines
Reservation and Travel and $9,314.28 in funds seized from PNC Bank account number XXXXXX5124 held in the name
of Gaines Reservation and Travel.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA
assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs,
including cost of prosecution and court costs.
Case 1:21-cr-00206-JPB Document 12 Filed 10/08/21 Page 6 of 6File and source
- File
- gov.uscourts.gand.291524.12.0.pdf
- Size
- 162,225 bytes
- SHA-256
- a04f9be224c655ae36b032fa3897a2e3322a034c322a7601d8c5250931b5e580
- Original
- PACER (login required)