Stipulation and Order Re: Restitution — United States v. Aaron Boren (N.D. Cal.)

Record facts

U.S. District Court, Northern District of California · No. 4:23-cr-00134-AMO · Doc. 112 · 2024-05-24 · Docket on CourtListener

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STIPULATION AND ORDER RE: RESTITUTION 
23-CR-0134-AMO 
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ISMAIL J. RAMSEY (CABN 189820) 
United States Attorney 
 
MARTHA BOERSCH (CABN 126569) 
Chief, Criminal Division 
 
ABRAHAM FINE (CABN 292647) 
Assistant United States Attorney 
 
1301 Clay Street, Suite 340S 
Oakland, California 94612 
Telephone: (510) 637-3717 
FAX: (510) 637-3724 
Abraham.fine@usdoj.gov 
 
Attorneys for United States of America 
 
UNITED STATES DISTRICT COURT 
 
NORTHERN DISTRICT OF CALIFORNIA 
 
OAKLAND DIVISION 
 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
AARON BOREN, 
Defendant. 
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CASE NO. 23-CR-0134-AMO 
 
STIPULATION AND [PROPOSED] ORDER RE: 
RESTITUTION 
 
Sentencing Hearing: May 13, 2024  
 
The Honorable ARACELI MARTÍNEZ OLGUÍN  
 
 
The United States and defendant AARON BOREN (“Defendant”), by and through their counsel 
of record, hereby stipulate as follows: 
1. 
On September 12, 2023, Defendant pled guilty to  conspiracy to commit bank fraud in 
violation of 18 U.S.C. § 1349. 
2. 
At the sentencing hearing on May 13, 2024 the Court ordered Defendant to serve 12 
months and one day in custody, plus three years of supervised release and deferred the determination of 
restitution.   
3. 
Restitution is mandatory to victims of fraud pursuant to 18 U.S.C. § 3663A (MVRA). 
Specifically, the law provides that a court “shall order . . . restitution” and that this restitution order 
“shall order restitution to each victim” through the appropriate court mechanism “in the full amount of 
Case 4:23-cr-00134-AMO     Document 112     Filed 05/24/24     Page 1 of 4

 
 
 
STIPULATION AND ORDER RE: RESTITUTION 
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the victim’s losses as determined by the court and without consideration of the economic circumstances 
of the defendant.” 18 U.S.C. § 3664(f)(1)(A). 
4. 
To conserve judicial resources, to bring about a speedy resolution of this matter, and to 
avoid further litigation, the parties agree and jointly request that the Court, upon approval of this 
Stipulation, may enter an Amended Judgment to order restitution to the individuals and/or entities in the 
amounts as set forth below: 
a. $500,000 in total to the Small Business Administration, 721 19th Street, 3rd Floor, Room 
301, Denver, CO 80202.  
The parties stipulate that the above individuals and/or entities qualify as “victims” under the statutes 
cited in paragraph 3, supra and pursuant to the parties’ plea agreement and are otherwise entitled to 
restitution under 18 U.S.C. § 3663A(a)(3).  The United States shall furnish the Clerk’s Office with 
physical address information for each individual and/or entity.   
5. 
The parties agree that the full amount of special assessment, fine, and restitution is due in 
accordance with 18 U.S.C. § 3572(d) and in accordance with the parties’ plea agreement. 
6. 
The parties further agree to the following payment schedule: 
a. During imprisonment, payment of criminal monetary penalties is due at the rate of not 
less than $25 per quarter and payment shall be through the Bureau of Prisons’ Inmate 
Financial Responsibility Program. 
b. Once Defendant is on supervised release, Defendant shall pay restitution in monthly 
payments of not less than $100 or at least 10% of earnings, whichever is greater, to 
commence no later than 60 days from placement on supervision. 
7. 
Notwithstanding any payment schedule set by the court, the United States Attorney’s 
Office may pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 
3664(m) and in accordance with the parties’ plea agreement.  The restitution payments shall be made to 
the Clerk of U.S. District Court, Attention: Finance Unit, 450 Golden Gate Ave., Box 36060, San 
Francisco, CA 94102. 
8. 
The defendant’s restitution obligation shall be paid jointly and severally with Reginald 
Mosley and Frank Mosley, defendants in this case, as well as jointly and severally with Kenya Ellis, 
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STIPULATION AND ORDER RE: RESTITUTION 
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defendant in the related case (No. 23-cr-0136-AMO).    
9. 
The parties request that the Court issue an Amended Judgment ordering restitution 
payable to the individuals and/or entities identified and the terms outlined above. 
SO STIPULATED. 
 
DATED: May 20, 2024 
 
 
 
 
 
 
 
 
 
 
 
 
ISMAIL J. RAMSEY 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
/s/ 
 
 
 
 
 
 
 
 
 
 
 
 
ABRAHAM FINE 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
 
 
DATED: May 20, 2024 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ 
 
 
 
 
 
 
 
 
 
 
 
 
CANDICE FIELDS 
 
 
 
 
 
 
 
Attorney for Defendant AARON BOREN 
 
 
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STIPULATION AND ORDER RE: RESTITUTION 
23-CR-0134-AMO 
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[PROPOSED] ORDER 
AARON BOREN will pay a total of $500,000 in restitution, in the amounts specified to the 
individuals and/or entities specified as follows:  
a. $500,000 in total to the Small Business Administration, 721 19th Street, 3rd Floor, Room 
301, Denver, CO 80202.   
The above individuals/entities qualify as victims pursuant to 18 U.S.C. § 3663A.   
The full amount of special assessment, fine, and restitution is due in accordance with parties’ 
plea agreement.  During imprisonment, payment of criminal monetary penalties is due at the rate of not 
less than $25 per quarter and payment shall be through the Bureau of Prisons’ Inmate Financial 
Responsibility Program. Once Defendant is on supervised release, Defendant shall pay restitution in 
monthly payments of not less than $100 or at least 10% of earnings, whichever is greater, to commence 
no later than 60 days from placement on supervision. 
Notwithstanding any payment schedule set by the court, the United States Attorney’s Office may 
pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 3664(m).  The 
criminal monetary penalty payments shall be made to the Clerk of U.S. District Court, Attention: 
Finance Unit, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102. 
The defendant’s restitution obligation shall be paid jointly and severally with Reginald Mosley 
and Frank Mosley, defendants in this case, as well as jointly and severally with Kenya Ellis, defendant 
in the related case (No. 23-cr-0136-AMO).    
 
The Probation Office shall prepare an amended judgment in accordance with this order. 
IT IS SO ORDERED. 
 
DATE:  
 
HON. ARACELI MARTÍNEZ OLGUÍN 
UNITED STATES DISTRICT JUDGE 
May 24, 2024
Case 4:23-cr-00134-AMO     Document 112     Filed 05/24/24     Page 4 of 4

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