Defendant's Sentencing Memorandum — United States v. Monica Faye Barnes (E.D.N.C.)

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U.S. District Court, Eastern District of North Carolina · No. 5:23-cr-00094-D · Doc. 44 · 2023-07-20 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 
WESTERN DIVISION 
 
No. 5:23-CR-94-2 
 
 
 
 
 
 
UNITED STATES OF AMERICA 
 
 
  
 
  
 
 
 
 
                         v. 
 
 
 
 
 
MONICA FAYE BARNES 
 
 
 
  
 
  
 
 
 
DEFENDANT’S SENTENCING MEMORANDUM AND MOTION FOR 
IMPOSITION OF A MITIGATED SENTENCE PURSUANT TO 18 U.S.C. 3553(a) 
 
 
 
NOW COMES Defendant, MONICA FAYE BARNES (“Defendant”), by and through 
counsel and moves this Honorable Court to impose a sentence that is reasonable in light of the 
factors set forth in 18 U.S.C. 3553(a) and in support thereof, shows the following: 
STATEMENT OF THE CASE 
 
Defendant was named in a one count Criminal Information on March 22, 2023. With the 
benefit of a Plea Agreement, she entered a guilty plea on April 26, 2023, to conspiracy to commit 
wire fraud, in violation of 18 U.S.C. § 1349 in connection with PPP Loans. 
 
Defendant is aware that PPP loan fraud is a national hot button issue.  The Court is faced 
with consideration of the guidelines and § 3553 to fashion an appropriate sentence where, as 
here, we are dealing with a 51 year old woman with no criminal record, a college degree and a 
Case 5:23-cr-00094-D     Document 44     Filed 07/20/23     Page 1 of 4

 
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thriving catering business, a business which will be crucial to her ability to pay the restitution.  In 
her absence, the business will fail with little likelihood that it can be revived.  
 
 
 
ARGUMENT 
 
Defendant owns and operates a catering business in Wilson, NC, Minnie’s Banana Cups 
and Catering Service, Inc.  She was introduced to several individuals who, for a substantial fee, 
were fraudulently marketing PPP loans to vulnerable individuals.  The application was prepared 
by the masterminds and submitted to Defendant for her signature.  Paragraph 11 of the PSR 
states that the masterminds “facilitated the disbursement of more than $15 million in COVID 
loans.”  Defendant willingly agreed to this scheme and accepts full responsibility for falling for 
this too good to be true experience.  Through her plea she has agreed to pay restitution in excess 
of $150,000. 
The PSR outlines the factors to be considered by § 3553(a)(1).  Section 2(A) is the most 
consequential of the four factors to be considered in Section (2).  Certainly PPP fraud is a serious 
offense and the law is to be respected which leaves the issue of just punishment.  Prison time or 
some alternative punishment? 
 
Her agreed upon guideline range is a total offense level of 13, criminal history 1 with a 
guideline imprisonment range of 12 to 18 months.  A total offense level of 13 under the 
guidelines affords sentencing options. 
 
A probationary sentence with community service and perhaps weekends in jail in 
combination with the significant restitution would afford adequate deterrence.  Defendant will 
not be a recidivist nor is she in need of the factors set out in paragraph 2(D). 
 
 
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CONCLUSION 
 
As reflected in the PSR, Defendant worked very hard to earn her degree from the 
University of Mount Olive after earlier schooling at a community college and then the University 
of Phoenix online where she earned an associate degree.  It took her 13 years to earn her degree 
and she did so while working fulltime.  She has never shied away from work, currently holding 
down a job in the IT Department of Truist Bank in addition to her catering business.  She comes 
to you with an excellent work ethic and good character as reflected in the attached letters marked 
as Exhibit A.  
 
She rues the day she was introduced to the masterminds of this PPP loan scheme but has 
no one to blame but herself.  She accepts full responsibility. 
 
The factors in paragraphs 2A through 2D of § 3553(a) would be satisfied by a 
probationary sentence to include community service and perhaps weekends in jail together with 
the $150,000 plus restitution.  With this financial commitment along with payment of the $100 
special assessment she is not in a position to pay a fine.  
 
It is requested that if Defendant is sentenced to prison the Court recommend that she be 
incarcerated at a nearby facility and permitted to self-report.  
Respectfully submitted this the 20th day of July, 2023. 
 
 
 
 
 
 
 
 
U/s/ David W. Long 
 
 
 
 
 
 
 
David W. Long 
 
 
 
 
 
 
 
State Bar No. 2779 
 
 
 
 
 
 
 
POYNER SPRUILL LLP 
 
 
 
 
 
 
 
Post Office Box 1801 
 
 
 
 
 
 
 
Raleigh, NC  27602 
 
 
 
 
 
 
 
(919) 783-6400 
 
 
 
 
 
 
 
Fax:  (919) 783-1075 
 
 
 
 
 
 
 
dwlong@poyners.com 
 
 
 
 
 
 
 
Counsel for Defendant 
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CERTIFICATE OF SERVICE 
 
I hereby certify that I have this day served a copy of the foregoing through the electronic service 
function of the Court’s electronic filing system, as follows: 
 
 
David G. Beraka 
 
Assistant United States Attorney 
 
150 Fayetteville Street 
 
Suite 2100 
 
Raleigh, NC  27601 
 
 
 
 
This the 20th day of July, 2023. 
 
U/s/ David W. Long 
David W. Long 
RALEIGH/524719v1 
Case 5:23-cr-00094-D     Document 44     Filed 07/20/23     Page 4 of 4

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