Court filing
Plea Agreement — United States v. Jordan
Filed October 10, 2024 in U.S. v. Boeroepae Jordan; one of 4 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia, Atlanta Division |
|---|---|
| Filed | 2024-10-10 |
U.S. District Court for the Northern District of Georgia, Atlanta Division · No. 1:24-cr-00304-SDG · Doc. 3-1 · 2024-10-10 · Docket on CourtListener
Full text
FILED IN OPEN COURT
U.S.D.C. - Atlanta
OCT 1 0 2024
KEVIN P. WEIMER, Clerk
GUILTY PLEA and PLEA AGREEME~~
DeputyC~rk
United States Attorney
Northern District of Georgia
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMINAL NO. l:24-CR-304
The United States Attorney for the Northern District of Georgia ("the
Government") and Defendant Boeroepae Jordan enter into this plea agreement as
set forth below in Part IV pursuant to Rules ll(c)(l)(A) & (B) of the Federal Rules
of Criminal Procedure. Boeroepae Jordan, Defendant, having received a copy of
the above-numbered Information and having been arraigned, hereby pleads
GUILTY to Counts 1 and 2.
I. ADMISSION OF GUILT
1. The Defendant admits that he is pleading guilty because he is in fact guilty
of the crime(s) charged in Counts 1 and 2.
II. ACKNOWLEDGMENT & WAIVER OF RIGHTS
2. The Defendant understands that by pleading guilty, he is giving up the
right to plead not guilty and the right to be tried by a jury. At a trial, the
Defendant would have the right to an attorney, and if the Defendant could not
afford an attorney, the Court would appoint one to represent the Defendant at
trial and at every stage of the proceedings. During the trial, the Defendant would
be presumed innocent and the Government would have the burden of proving
him guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the witnesses against him. If the Defendant wished,
he could testify on his own behalf and present evidence in his defense, and he
Case 1:24-cr-00304-SDG Document 3-1 Filed 10/10/24 Page 1 of 20
could subpoena witnesses to testify on his behalf. If, however, the Defendant did
not wish to testify, that fact could not be used against him, and the Government
could not compel him to incriminate himself. If the Defendant were found guilty
after a trial, he would have the right to appeal the conviction.
3. The Defendant understands that by pleading guilty, he is giving up all of
these rights and there will not be a trial of any kind.
4. By pleading guilty, the Defendant also gives up any and all rights to pursue
any affirmative defenses, Fourth Amendment or.Fifth Amendment claims, and
other pretrial motions that have been filed or could have been filed.
5. The Defendant also understands that he ordinarily would have the right to
appeal his sentence and, under some circumstances, to attack the conviction and
sentence in post-conviction proceedings. By entering this Plea Agreement, the
Defendant may be waiving some or all of those rights to appeal and to
collaterally attack his conviction and sentence, as specified below.
6. Finally, the Defendant understands that, to plead guilty, he may have to
answer, under oath, questions posed to him by the Court concerning the rights
that he is giving up and the facts of this case, and the Defendant's answers, if
untruthful, may later be used against him in a prosecution for perjury or false
statements.
III.
ACKNOWLEDGMENT OF PENAL TIES
7. The Defendant understands that, based on his plea of guilty, he will be
subject to the following maximum and mandatory minimum penalties:
As to Count 1 (18 U.S.C. §§ 1343 and 2)
a. Maximum term of imprisonment: 20 years.
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b. Mandatory minimum term of imprisonment: None.
c. Term of supervised release: 0 year(s) to 3 years.
d. Maximum fine: $250,000.00, or twice the gain or twice the loss,
whichever is greatest, due and payable immediately.
e. Full restitution, due and payable immediately, to all victims of the
offense(s) and relevant conduct.
f. Mandatory special assessment: $100.00, due and payable
immediately.
g. Forfeiture of any and all property constituting, or derived from,
proceeds obtained directly or indirectly as a result of this offense.
As to Count 2 (18 U.S.C. §§ 1343 and 2)
a. Maximum term of imprisonment: 30 years.
b. Mandatory minimum term of imprisonment: None.
c. Term of supervised release: 0 year(s) to 5 years.
d. Maximum fine: $1,000,000.00, or twice the gain or twice the loss,
whichever is greatest, due and payable immediately.
e. Full restitution, due and payable immediately, to all victims of the
offense(s) and relevant conduct.
f. Mandatory special assessment: $100.00, due and payable
immediately.
g. Forfeiture of any and all property constituting, or derived from,
proceeds obtained directly or indirectly as a result of this offense.
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8. The Defendant understands that, before imposing sentence in this case, the
Court will be required to consider, among other factors, the provisions of the
United States Sentencing Guidelines and that, under certain circumstances, the
Court has the discretion to depart from those Guidelines. The Defendant further
understands that the Court may impose a sentence up to and including the
statutory maximum as set forth in the above paragraph and that no one can
predict his exact sentence at this time.
9. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that
pleading guilty may have consequences with respect to his immigration status if
he is not a citizen of the United States. Under federal law, a broad range of
crimes are removable offenses, including the offense to which the Defendant is
pleading guilty. Indeed, because the Defendant is pleading guilty to this offense,
removal is presumptively mandatory. Removal and other immigration
consequences are the subject of a separate proceeding, however, and the
Defendant understands that no one, including his attorney or the District Court,
can predict to a certainty the effect of his conviction on his immigration status.
The Defendant nevertheless affirms that he wants to plead guilty regardless of
any immigration consequences that his plea may entail, even if the consequence
is his automatic removal from the United States.
IV.
PLEA AGREEMENT
10. The Defendant, his counsel, and the Government, subject to approval by
the Court, have agreed upon a negotiated plea in this case, the terms of which are
as follows:
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No Additional Charges
11. The United States Attorney for the Northern District of Georgia agrees not
to bring further criminal charges against the Defendant related to the charges to
which he is pleading guilty. The Defendant understands that this provision does
not bar prosecution by any other federal, state, or local jurisdiction.
Factual Basis
12.
The parties agree that if this case went to trial, the Government would
prove by admissible evidence and beyond reasonable doubt the following facts:
a. On June 10, 2014, the Defendant was sentenced to a term of
incarceration of 72 months to be followed by six years of supervised
release for possession of firearm by a prohibited person and
possession of a firearm during a drug trafficking crime in Northern
District of Georgia case number l:13-CR-238. On about September 9,
2019, the Defendant was released from Federal Bureau of Prisons
custody and began serving a six-year term of supervised release.
b. On March 13, 2020, Defendant JORDAN caused his mother, DJ, to
open a business checking account at Wells Fargo with an account
number ending in 3397 ("WF 3397") for the company named A/E
Multi-Diamond Entertainment Incorporated ("Multi-Diamond").
The application to open the account included multiple
misrepresentations, including that DJ was the "sole owner" and
"owner with control of the entity," and that Multi-Diamond had two
locations, ten employees, and annual gross sales of $20,000. The
Defendant's name was not listed on the account opening documents
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in order to conceal his control and ownership of Multi-Diamond and
the funds that would transfer through the account.
c. On April 5, 2020, the Defendant electronically submitted an online
request to the U. S. Small Business Administration ("SBA") for an
Economic Injury Disaster Loan ("EIDL") Advance of $5,000 for
Multi-Diamond. On the request, the Defendant made multiple
misrepresentations, including that Multi-Diamond had five
employees, was opened on December 28, 1977, and was 51 % owned
by the Defendant and 49% owned by DJ. The Defendant requested
that the EIDL Advance be deposited into WF 3397. On May 1, 2020,
as a result of the online request, the SBA transferred $5,000 into WF
3397. At the time of this deposit, the balance of WF 3397 was only
$30.
d. On May 19, 2020, the Defendant electronically signed and submitted
an online application for a $291,250 Paycheck Protection Program
("PPP") loan for Multi-Diamond to Celtic Bank, which was a bank
headquartered in Salt Lake City, Utah. The application included
multiple misrepresentations, including that the purpose of the loan
was payroll, lease/ mortgage interest, and utilities; Multi-Diamond
had 18 employees and an average monthly payroll of $116,500; the
Defendant was 100% owner of the business; Multi-Diamond was in
operation on February 15, 2020; current economic uncertainty made
this loan request necessary to support the ongoing operations of
Multi-Diamond; the funds would be used to retain workers and
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maintain payroll or make mortgage interest payments, lease
payments, and utility payments; and the information provided in
the application and in all supporting documents and forms was true
and accurate in all material respects, and knowingly making a false
statement is punishable under the law.
e. In support of the PPP application, the Defendant submitted a
falsified IRS Form 941 for January, February, and March 2020 stating
that, for those months in 2020, Multi-Diamond paid $349,500.09 of
wages and other compensation to 18 employees. The Defendant also
submitted a falsified account statement for WF 3397 dated February
28, 2020. The checking statement listed an account balance of
$424,504.41.
f. However, Multi-Diamond was not a functioning business and did
not have any employees. The Defendant had not filed the Form 941
with the IRS. The WF 3397 business checking account did not exist
until March 13, 2020, nor did it ever have an account balance as high
as the one stated on the falsified checking statement.
g. On May 19, 2020, the Defendant electronically signed and
submitted, via the internet, a Promissory Note for SBA Loan
Number ******7408 in the amount of $291,250.
h. On May 20, 2020, as a result of the loan application and note signed
by the Defendant, Celtic Bank transferred $291,250 into WF 3397. At
the time of this deposit, the balance of WF 3397 was only $106.28.
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1. The following day, the Defendant started laundering the PPP funds
by withdrawing them in cash and transferring them to accounts in
other people's names to conceal where they were being kept and
how they were being used. For example, the Defendant made large
cash withdrawals on May 21 ($30,010) and 28 ($43,063), and June 4
($9,000) and 9 ($17,272.40). The Defendant also made large transfers
to other accounts on May 21 ($15,000), 22 ($9,000), 29 ($8,000), and
June 3 ($30,000 and $9,000), 5 ($10,000), and 10 ($50,000). The
Defendant also spent large amounts of the funds at restaurants,
retail stores, nail salons, and furniture stores. By July 31, 2020, the
balance of WF 3397 was only $4,718.16.
Sentencing Guidelines Recommendations
13. Based upon the evidence currently known to the Government, the
Government agrees to make the following recommendations and/ or to enter into
the following stipulations.
As to Counts 1 and 2
Base/ Adjusted Offense Level
14. The Government agrees to recommend and the Defendant agrees that:
a. The applicable offense guideline is Section 2Bl.1.
b. The amount of loss resulting from the offense(s) of conviction and all
relevant conduct is more than $250,000 but less than $550,000.
Role in the Offense Adjustments
15. The Government agrees to recommend and the Defendant agrees that the
Defendant receive the 2-level upward adjustment pursuant to Section 3Bl.l(c)
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because the Defendant was an organizer, leader, manager, or supervisor in
criminal activity involving less than five participants.
Obstruction and Related Adjustments
16. The Government and the Defendant agree that the Defendant shall not
receive an offense level adjustment increase pursuant to Section 3C1.1 for
Obstruction or Impeding the Administration of Justice.
Acceptance of Responsibility
17. The Government will recommend that the Defendant receive an offense
level adjustment for acceptance of responsibility, pursuant to Section 3E1.1, to
the maximum extent authorized by the guideline. However, the Government will
not be required to recommend acceptance of responsibility if, after entering this
Plea Agreement, the Defendant engages in conduct inconsistent with accepting
responsibility. Thus, by way of example only, should the Defendant falsely deny
or falsely attempt to minimize the Defendant's involvement in relevant offense
conduct, give conflicting statements about the Defendant's involvement, fail to
pay the special assessment, fail to meet any of the obligations set forth in the
Financial Cooperation Provisions set forth below, or participate in additional
criminal conduct, including unlawful personal use of a controlled substance, the
Government will not be required to recommend acceptance of responsibility.
Right to Answer Questions, Correct Misstatements,
and Make Recommendations
18. The parties reserve the right to inform the Court and the Probation Office
of all facts and circumstances regarding the Defendant and this case, and to
- respond to any questions from the Court and the Probation Office and to correct
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any misstatements of fact or law. Except as expressly stated elsewhere in this
Plea Agreement, the parties also reserve the right to make recommendations
regarding the application of the Sentencing Guidelines. The parties understand,
acknowledge, and agree that there are no agreements between the parties with
respect to any Sentencing Guidelines issues other than those specifically listed.
Right to Modify Recommendations
19. With regard to the Government's recommendation as to any specific
application of the Sentencing Guidelines as set forth elsewhere in this Plea
Agreement, the Defendant understands and agrees that, should the Government
obtain or receive additional evidence concerning the facts underlying any such
recommendation, the Government will bring that evidence to the attention of the
Court and the Probation Office. In addition, if the additional evidence is
sufficient to support a finding of a different application of the Guidelines, the
Government will not be bound to make the recommendation set forth elsewhere
in this Plea Agreement, and the failure to do so will not constitute a violation of
this Plea Agreement.
Sentencing Recommendations
Specific Sentence Recommendation
20. Unless the Defendant engages in conduct inconsistent with accepting
responsibility, as described more fully in paragraph 17, the parties agree to
jointly recommend that the Defendant be sentenced to a term of incarceration at
the low end of the adjusted guideline range to be followed by terms of
supervised release of three years as to Count 1 and five years as to Count 2, to be
served concurrently.
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21. Additionally, as a product of negotiation between the parties and in
exchange for the Government not bringing otherwise provable charges against
the Defendant, the Defendant and the Government expressly recommend that
the Court should revoke the Defendant's supervised release in Criminal Action
No. l:13-CR-238 and impose a revocation sentence of 24 months of
imprisonment, to be served concurrently to the sentence of imprisonment
imposed for the offenses charged in Counts 1 and 2 of the Information.
Restitution
22. The Defendant agrees to pay $323,433.31 as restitution, plus applicable
interest, to the Clerk of Court for distribution to the following victims of the
offense(s) to which he is pleading guilty and all relevant conduct, including, but
not limited to, any counts dismissed as a result of this Plea Agreement:
U.S. Small Business Administration
$318,433.31
Forfeiture
23. The Defendant waives and abandons his interest in any property that may
have been seized in connection with this case. The Defendant agrees to the
administrative or judicial forfeiture or the abandonment of any seized property.
The Defendant agrees to hold the United States and its agents and employees
harmless from any claims made in connection with the seizure, forfeiture, or
disposal of property connected to this case. The Defendant acknowledges that
the United States will dispose of any seized property, and that such disposal may
include, but is not limited to, the sale, release, or destruction of the seized
property. The Defendant agrees to waive any and all constitutional, statutory,
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and equitable challenges in any manner (including direct appeal, habeas corpus,
or any other means) to the seizure, forfeiture, and disposal of any property
connected to this case on any grounds.
24. The Defendant acknowledges that he is not entitled to use forfeited assets
to satisfy any fine, restitution, cost of imprisonment, tax obligations, or any other
penalty the Court may impose upon the Defendant in addition to forfeiture.
Financial Cooperation Provisions
Special Assessment
25. The Defendant agrees that he will pay a special assessment in the amount
of $200 by money order or certified check made payable to the Clerk of Court,
U.S. District Court, 2211 U.S. Courthouse, 75 Ted Turner Drive SW, Atlanta,
Georgia 30303, by the day of sentencing. The Defendant agrees to provide proof
of such payment to the undersigned Assistant United States Attorney upon
payment thereof.
Fine/Restitution -Terms of Payment
26. The Defendant agrees to pay any fine and/ or restitution, plus applicable
interest, imposed by the Court to the Clerk of Court for eventual disbursement to
the appropriate account and/ or victim(s). The Defendant also agrees that the full
fine and/ or restitution amount shall be considered due and payable
immediately. If the Defendant cannot pay the full amount immediately and is
placed in custody or under the supervision of the Probation Office at any time,
he agrees that the custodial agency and the Probation Office will have the
authority to establish payment schedules to ensure payment of the fine and/ or
restitution. The Defendant understands that this payment schedule represents a
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minimum obligation and that, should the Defendant's financial situation
establish that he is able to pay more toward the fine and/ or restitution, the
Government is entitled to pursue other sources of recovery of the fine and/ or
restitution. The Defendant further agrees to cooperate fully in efforts to collect
the fine and/ or restitution obligation by any legal means the Government deems
appropriate. Finally, the Defendant and his counsel agree that the Government
may contact the Defendant regarding the collection of any fine and/ or restitution
without notifying and outside the presence of his counsel.
Financial Disclosure
27. The Defendant agrees that the Defendant will not sell, hide, waste,
encumber, destroy, or otherwise devalue any such asset worth more than $1,000
before sentencing, without the prior approval of the Government. The Defendant
understands and agrees that the Defendant's failure to comply with this
provision of the Plea Agreement should result in the Defendant receiving no
credit for acceptance of responsibility.
28. The Defendant agrees to cooperate fully in the investigation of the amount
of forfeiture, restitution, and fine; the identification of funds and assets in which
he has any legal or equitable interest to be applied toward forfeiture, restitution,
and/ or fine; and the prompt payment of restitution or a fine.
29. The Defendant's cooperation obligations include: (A) fully and truthfully
completing the Department of Justice's Financial Statement of Debtor form, and
any addenda to said form deemed necessary by the Government, within ten days
of the change of plea hearing; (B) submitting to a financial deposition or
interview (should the Government deem it necessary) prior to sentencing
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Case 1:24-cr-00304-SDG Document 3-1 Filed 10/10/24 Page 13 of 20
regarding the subject matter of said form; (C) providing any documentation
within his possession or control requested by the Government regarding his
financial condition and that of his household; (D) fully and truthfully answering
all questions regarding his past and present financial condition and that of his
household in such interview(s); and (E) providing a waiver of his privacy
protections to permit the Government to access his credit report and tax
information held by the Internal Revenue Service.
30. So long as the Defendant is completely truthful, the Government agrees
that anything related by the Defendant during his financial interview or
deposition or in the financial forms described above cannot and will not be used
against him in the Government's criminal prosecution. However, the
Government may use the Defendant's statements to identify and to execute upon
assets to be applied to the fine and/ or restitution in this case. Further, the
Government is completely free to pursue any and all investigative leads derived
in any way from the interview(s)/ deposition(s)/financial forms, which could
result in the acquisition of evidence admissible against the Defendant in
subsequent proceedings. If the Defendant subsequently takes a position in any
legal proceeding that is inconsistent with the
interview(s)/ deposition(s)/financial forms-whether in pleadings, oral argument,
witness testimony, documentary evidence, questioning of witnesses, or any other
manner-the Government may use the Defendant's
interview(s)/ deposition(s)/ financial forms, and all evidence obtained directly or
indirectly therefrom, in any responsive pleading and argument and for cross-
examination, impeachment, or rebuttal evidence. Further, the Government may
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also use the Defendant's interview(s) / deposition(s) / financial forms to respond
to arguments made or issues raised sua sponte by the Magistrate or District
Court.
Guidelines Sentence Is Reasonable
31. The parties agree that there exists no aggravating or mitigating
circumstance of a kind, or to a degree, not adequately taken into consideration by
the U.S. Sentencing Commission in formulating the Sentencing Guidelines
justifying a departure pursuant to U.S.S.G. § 5K2. The parties agree not to request
any sentence outside of the Guidelines range. The parties further agree that a
sentence within the advisory Sentencing Guidelines range is reasonable under
the factors set forth in 18 U.S.C. § 3553(a). Neither party will request any variance
resulting in a sentence outside of the Guidelines range.
Recommendations/Stipulations Non-binding
32. The Defendant understands and agrees that the recommendations of the
Government incorporated within this Plea Agreement, as well as any
stipulations of fact or guideline computations incorporated within this Plea
Agreement or otherwise discussed between the parties, are not binding on the
Court and that the Court's failure to accept one or more of the recommendations,
stipulations, and/ or guideline computations will not constitute grounds to
withdraw his guilty plea or to claim a breach of this Plea Agreement.
Limited Waiver of Appeal
33. LIMITED W AIYER OF APPEAL: To the maximum extent permitted by
federal law, the Defendant voluntarily and expressly waives the right to appeal
his conviction and sentence and the right to collaterally attack his conviction and
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sentence in any post-conviction proceeding (including, but not limited to,
motions filed pursuant to 28 U.S.C. § 2255) on any ground, except that the
Defendant may file a direct appeal of an upward departure or upward variance
above the sentencing guideline range as calculated by the District Court. Claims
that the Defendant's counsel rendered constitutionally ineffective assistance are
excepted from this waiver. The Defendant understands that this Plea Agreement
does not limit the Government's right to appeal, but if the Government initiates a
direct appeal of the sentence imposed, the Defendant may file a cross-appeal of
that same sentence.
Miscellaneous Waivers
FOIA/Privacy Act Waiver
34. The Defendant hereby waives all rights, whether asserted directly or by a
representative, to request or receive from any department or agency of the
United States any records pertaining to the investigation or prosecution of this
case, including, without limitation, any records that may be sought under the
Freedom of Information Act, Title 5, United States Code, Section 552, or the
Privacy Act of 1974, Title 5, United States Code, Section 552a.
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Case 1:24-cr-00304-SDG Document 3-1 Filed 10/10/24 Page 16 of 20
No Other Agreements
35. There are no other agreements, promises, representations, or
understandings between the Defendant and the Government.
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SIGNATURE (D:tdant' s Attorney)
-S---+~-G_N_A_T
__ R~E~(D~e-~..,...e1~1.d_a_n-t)
___ _
Paul S. Kish
Boeroepae Jordan
SIGNATURE{ssistant U.S. Attorney)
Garrett L. Bradford
SIGNATURE (~tant U.S. Attorney)
Erin N. Spritzer
SIGNATURE (Approving Official)
Stephen H. McClain
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Case 1:24-cr-00304-SDG Document 3-1 Filed 10/10/24 Page 17 of 20
I have read the Information against me and have discussed it with my
attorney. I understand the charges and the elements of each charge that the
Government would have to prove to convict me at a trial. I have read the
foregoing Plea Agreement and have carefully reviewed every part of it with my
attorney. I understand the terms and conditions contained in the Plea
Agreement, and I voluntarily agree to them. I also have discussed with my
attorney the rights I may have to appeal or challenge my conviction and
sentence, and I understand that the appeal waiver contained in the Plea
Agreement will prevent me, with the narrow exceptions stated, from appealing
my conviction and sentence or challenging my conviction and sentence in any
post-conviction proceeding. No one has threatened or forced me to plead guilty,
and no promises or inducements have been made to me other than those
discussed in the Plea Agreement. The discussions between my attorney and the
Government toward reaching a negotiated plea in this case took place with my
permission. I am fully satisfied with the representation provided to me by my
attorney in this case.
SIGNATIJE{Defendant)
Boeroepae Jordan
18
DATE
I
Case 1:24-cr-00304-SDG Document 3-1 Filed 10/10/24 Page 18 of 20
I am Boeroepae Jordan's lawyer. I have carefully reviewed the charges and
the Plea Agreement with my client. To my knowledge, my client is making an
informed and voluntary decision to plead guilty and to enter into the Plea
SIGNATURE (Defendant's Attorney)
Paul S. Kish
Kish Law LLC
229 Peachtree Street, NE
Suite 2505, International Tower
Atlanta, GA 30303
(404) 207-1338
State Bar of Georgia Number 424277
Filed in Open Court
This _
day of--~ 2024
By _________ _
DlXTE
I
/
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Case 1:24-cr-00304-SDG Document 3-1 Filed 10/10/24 Page 19 of 20
I
U. S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your special assessment only. There may be other
penalties imposed at sentencing.
ACCOUNT INFORMATION
CRIMINAL ACTION NO.:
l:24-CR-304
DEFENDANT'S NAME:
BOEROEPAE JORDAN
PAY THIS AMOUNT:
$200
Instructions:
1. Payment must be made by certified check or money order payable to:
Clerk of Court, U.S. District Court
*personal checks will not be accepted*
2. Payment must be made to the clerk's office by the day of sentencing.
3. Payment should be sent or hand delivered to:
Clerk, U.S. District Court
2211 U.S. Courthouse
75 Ted Turner Drive SW
Atlanta, Georgia 30303
(Do Not Send Cash)
4. Include the defendant's name on certified check or money order.
5. Enclose this coupon to insure proper and prompt application of payment.
6. Provide proof of payment to the above-signed AUSA within 30 days of the
guilty plea.
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