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Judgment (Diaba Diane) — United States v. Diane et al.

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Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 1 of 8 PAGEID #: 1045

AO 245B (Rev. 09/19) Judgmentin a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
Southern District of Ohio

UNITED STATES OF AMERICA i JUDGMENTINA CRIMINALCASE
V.

Diaba Diane Case Number: 2:23-cr-37-02

USM Number: 44695-510

Joe Edwards
Defendant'sAttorney
THE DEFENDANT:
Slpleadedguiltyto count(s) 2 ofthe Indictment.
D pleaded nolo contendere to count(s)
which was accepted by the court.
D 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

18:1349 Conspiracy to Commit Wire Fraud 8/31/2021

The defendant is sentenced as provided in pages 2 through of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
D The defendant has been found not guilty on count(s)
IZlCount(s) 5 and 6 D is Efaredismissedonthemotion oftheUnitedStates.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change ofname, residence,
or maiHng address until all fines, restitution, costs, andspecial assessments imposed by thisjudgment are fully paid.' Ifordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

^. 10/22/2024
Date ofImpositi^)Tr\jfJudgmen
ipositi^)Tr\jf Judgment

Signatureofjudge
V^M

Sarah D. Morrison, U. S. District Judge
Name and Title of Judge

Date
h'^'>-j
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 2 of 8 PAGEID #: 1046

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4- Probation

Judgment-Page of
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02
PROBATION

You are hereby sentencedto probation for a term of:
The defendant is sentenced to 4 years (48 months) of Probation on Count 2 of the Indictment with up to the first 180 days
to be served on home confinement.

MANDATORYCONDITIONS
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 ofa controlled substance. You must submit to one drug test within 15 days ofplacement on
probationandat leasttwo periodicdrugteststhereafter, as determinedbythe court.
D Theabovedrugtestingconditionis suspended,basedonthecourt'sdeterminationthatyouposea lowriskoffuture
substance abuse, (check if applicable)
4. Bt Youmust cooperatein the collectionofDNAasdirectedby the probationofficer. (checkifapplicable)
5. D You must comply with the requirements ofthe Sex Offender Registration andNotification Act (34 U. S.C. § 20901, el seq.)
asdirectedbytheprobationofficer,theBureauofPrisons,oranystatesexoffenderregistrationagencyinthelocationwhereyou
reside, work, are a student, or were convicted ofa qualifyingoffense. (checkifapplicable)
6. D You must participate in an approved program for domestic violence, (checkifapplicable)
7. D You must make restitution in accordance with 18 U. S. C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (checkifapplicable)
8. You must pay the assessment imposed in accordance with 18 U. S. C. § 3013.
9. Ifthisjudgment imposes a fine, you must pay in accordance with the Schedule ofPayments sheet ofthisjudgment.
10. You musfnotifythe courtofanymaterial changein your economiccircumstancesthatmightaffectyour abilityto payrestitution,
fines, or special assessments.

Youmustcomplywiththestandardconditionsthathavebeenadoptedbythiscourtaswell aswithanyotherconditionsontheattached
page.
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 3 of 8 PAGEID #: 1047

A0245B(Rev. 09/19) Judgment in a Criminal Case
Sheet4A - Probation
Judgment-Page of

DEFENDANT: Diaba Diane
CASENUMBER: 2:23-cr-37-02

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 establishthe basicexpectations for your behaviorwhile on supervision and identify the minimum tools neededby probationofficers
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, unlessthe probation officer instructs you to report to a differentprobation office or within a differenttime frame.
2. After initially reporting to the probationoffice, you will receive instructions from the court or the probation officerabout how and
when you must report to the probation officer, andyou must report to the probation officeras 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 answertruthfully the questions askedby your probation officer.
5. You must live at a place approved by the probation officer. Ifyou plan to changewhereyou live or anything aboutyour 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 probationofficerin advanceis not possible dueto unanticipatedcircumstances, you must notify the probationofficerwithin 72
hours of becoming aware of a change or expected change.
6. You must allow the probationofficerto visit you at any time at your home or elsewhere, andyou must permit the probationofficerto
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You mustwork full time (at least 30 hours perweek) at a lawful type ofemployment, unless the probation officerexcusesyou from
doing so. Ifyou do not have full-time employment you musttry to find full-time employment, unless the probationofficerexcuses
you from doingso. Ifyou plan to changewhereyou work or anythingaboutyour work (such asyour position or yourjob
responsibilities),you must notify the probation officerat least 10 daysbefore the change. Ifnotifyingthe probationofficerat least 10
days in advanceis not possible due to unanticipatedcircumstances,you must notify the probationofficerwithin 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 ofa felony, you must not knowingly communicateor interact with that person without first gettingthe permission ofthe
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 accessto a firearm, ammunition, destructive device, or dangerousweapon(i.e., anythingthat was
designed,or wasmodifiedfor, the specificpurpose ofcausingbodily injury or deathto anotherperson such as nunchakusortasers).
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. Ifthe probationofficerdetermines that you pose a risk to anotherperson (including an organization),the probation officermay
requireyou to notify the person aboutthe risk andyou must comply with that instruction. The probationofficermay contactthe
person andconfirm that you have notified the person aboutthe 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 officerhas instructed me on the conditions specifiedby the court andhasprovided me with a written copy ofthis
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: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 4 of 8 PAGEID #: 1048
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet4B - Probation
Judgment-Page of
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02

ADDITIONALPROBATIONTERMS

The defendantshall participate in the Home Detention component ofthe location monitoring program for a period of up to
180 days. While on home detention in the location monitoring program, she is restricted to her residence at all times,
exceptfor employment; education; religious services; medical, substance abuse, or mental health treatment; attorney
visits; court appearances; court-ordered obligations; or other activitiesas pre-approved bythe probation officer.

The defendant shall be monitored by the use of technology at the discretion of the probation officer.

The defendant shall abide by all of the requirements established by the probation office related to the use of this location
monitoring technology.

The defendant shall pay all or part of the costs of location monitoring based on her ability to pay as determined by the
probation officer.
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 5 of 8 PAGEID #: 1049

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4D - Probation

Judgment-Page of
DEFENDANT: Diaba Diane
CASENUMBER: 2:23-cr-37-02

SPECIALCONDITIONSOF SUPERVISION
1. The defendantshall participate in a program of mental health assessment and/orcounseling, as directed bythe United
States Probation Office, until such time as the defendant is released from such program by probation, the defendant will
make a co-paymentfor treatment services not to exceed $25 per month, which is determined by the defendant'sabilityto
pay.

2. The defendantmust provide all personal financial information and records upon request of the probation officer.

3. The defendantis prohibited from opening new lines of credit or make purchases on existing lines of creditwithoutthe
permission of the probation officer.

4. The defendantis required to participate in credit counseling as directed bythe probation officer until such time as she is
released from such program by the probation office.

5. The defendant is required to notify current and future employers of her criminal conviction.
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 6 of 8 PAGEID #: 1050

AO 245B (Rev. 09/19) Judgmentin a Criminal Case
Sheet 5 - Criminal Monetary Penalties

Judgment - Page of
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02
CRIMINALMONETARYPENALTIES
The defendantmust pay the total criminal monetary penalties underthe scheduleofpayments on Sheet6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS S 100.00 $ 61, 404. 00

D The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.

[^ Thedefendantmustmakerestitution(includingcommunityrestitution)tothefollowingpayeesintheamountlistedbelow.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless
iless specified
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 Total Loss*** Restitution Ordered Priority or Percentage
ODJFS $61, 404. 00 $61, 404. 00 1 and 100%
PO Box 182059
Columbus, OH 43218-2059

TOTALS 61,404. 00 61,404. 00

0 Restitution amount ordered pursuant to plea agreement S 61, 404. 00

D Thedefendantmust pay interest on restitution and a fine ofmorethan $2,500, unlessthe 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).

El Thecoundeterminedthatthe defendantdoesnothavethe abilityto pay interestandit is orderedthat:
0 the interest requirement is waived for the D fine 0 restitution.
D the interest requirement for the D fine D restitution is modified as follows:

* Amy, Vicky, and Andy^hild Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
**' Jus^tKe7oYvTcnms"o^fraffickmr^c^'f/2dl'5;Pub"L" ^^ 14-22'. ~""'
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
orafterSeptember'137i"99T,'butbefo7e"AprTl23^^ --r.--" --, . -, .. ". -,
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 7 of 8 PAGEID #: 1051

AO 245B (Rev. 09/19) Judgmentin a Criminal Case
Sheet6 - ScheduleofPayments
Judgment - Page of
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02

SCHEDULEOF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:

A g^ Lump sum payment of S 61, 504. 00 due immediately, balance due

D not later than , or
0 in accordance with DC, D D, Q E, or 0 F below; or

B D Payment to begin immediately (may be combined with DC, D D, or D F below); or

C D Payment in equal (e. g., weekly, monthly, quarterly) installments of $ over a period of
(e. g., months or years), to commence (e. g., 30 or 60 days) after the date of this judgment; or

D D Payment in equal (e. g., weekly, monthly, quarterly) installments of $ 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 Q 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 0 Special instmctions regardingthe payment ofcriminal monetary penalties:
The restitution is ordered jointly and severally with Ousmane Diane, case no. 2:23-cr-37-1. A payment plan will be
prepared by the US Probation Department with payment to begin immediately.

Unless the court has expressly ordered otherwise, ifthisjudjgment imposes imprisonment, pa;
the period of imprisonment. ' All criminal monetary penafties, 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.

\3 Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several CorrespondingPayee,
(including defendant number) Total Amount Amount ifappropriate
Ousmane Diane, case no. 2:23-cr-37-1 ODJFS, PO Box 182059
61, 404. 00 61, 404. 00
Columbus OH 43218-2059

D The defendant shall pay the cost of prosecution.

D The defendant shall pay the following court cost(s):

0 The defendantshall forfeit the defendant'sinterest in the following property to the United States:
This case is subject to a final order of forfeiture yet to be filed with the Court.

Payments shall be appHedin the following order: (1) assessment,pjjestitution principal, (3) restitution mterest, (4) AVAA assessment,
(5)' fine principal, (6)'fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and(10) costs, includingcost of
prosecution arid court costs.
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 8 of 8 PAGEID #: 1052

IN TIIK (MTED SI A 11<:S DISTKICT COt!H I
FOR Tilt: SOl'Tlir.RN DISTRICTOF OIIIO

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01 fW S1 \ I FMKNI W KKASONS PA<;F: IN THK .11 IK.MENT

DISTRIBUTION OF
THF JUDGMFN1 AND COMMI'I M1;N 1
WITH THE STATEMENT OF REASONS PAGL
AND THE DENIAL OF FEDERAL BENEFITS
PAGL IS LIMITED TO:

DFFFNSR COUNSEL
UNITED STATES ATTORNEY
l;. S. A. 's FINANCIAL LITIGATION UNIT
UNITLD STATES PROBATION
UNITED STATES PRETR1AL
UNITED STATF. S SRNTF. NCING COMMISSION
(IF A TERM OF IMPRISONMENT. TIIEN ALSO TIIE
FEDERAL BUREAU OF PRISONS)

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AND
111^ HI:M\L OFI-TDERAI. BENEFITSPAGE
St Al. i. l) IN A S!-.('CR!: 1.<X-.\TION SI-PARATf.I Y 1:K()\<

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