Judgment — United States v. Ousmane Diane

Record facts

U.S. District Court, Southern District of Ohio · No. 2:23-cr-00037-SDM · Doc. 188 · 2024-05-01 · Docket on CourtListener

Full text

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1
UNITED STATES OF AMERICA
V.
Ousmane Diane
UNITED STATES DISTRICT COURT
Southern District of Ohio
JUDGMENT IN A CRIMINAL CASE
THE DEFENDANT:
Elpleaded guilty to count(s) 
1-3 of the Indictment
D pleaded nolo contendere to coimt(s)
which was accepted by the court.
D was found guilty on count(s)
afiter a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section 
Nature of Offense
18 U.S.C. § 1 349 
Conspiracy to Commit Wire Fraud
18 U.S.C. § 1 349 
Conspiracy to Commit Wire Fraud
Case Number: 2:23cr37(1)
USM Number: 45110-510
Frederick D. Benton, Jr.
Defendant's Attorney
Offense Ended
6/30/2021
8/31/2021
Count
1
2
The defendant is sentenced as provided in pages 2 through 
9 
of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
D The defendant has been foimd not guilty on count(s)
gj Count(s) 
4 
Ef is 
D are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States attorney for this distnrt within 30 days of any.change of name, residence,
or mailmgadAe7suntilTll?mes,7es^itutioii,~c^^^^ 
by this judgment are fully paid: If ordered to pay restitution,
the'd'efen'aantmust notify the court and United States attorney of material changes in economic circumstances.
4/9/2024
Date of Imposition of J gment
Sign 
u ge
Michael H. Watson, United States District Judge
Name and Title of Judge/ 
^^
Dat
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 1 of 10  PAGEID #: 898

AO 245B (Rev. 09/19) Judgment in a Crimmal Case
Sheet1A
DEFENDANT: Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Judgment-Page
ADDITIONAL COUNTS OF CONVICTION
Title & Section
18 U.S.C. §§ 1028A(a)
(1)and(b)(2)
Nature of Offense
Aggravated Identity Theft
Offense Ended
10/9/2020
of
Count
3
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 2 of 10  PAGEID #: 899

AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 - Imprisonment
DEFENDANT: 
Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Judgment-Page 
3 
of
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
48 months as to Counts 1 and 2 to run concurrently; 24 months as to Count 3 to run consecutively to Counts 1 and 2.
£3 The court makes the following recommendations to the Bureau of Prisons:
The defendant shall particfpate in the Bureau of Prison's 500 Hour Residential Substance Abuse Treatment Program;
defendant shall be placed in a facility close to Ohio; defendant shall participate in vocational training; defendant shall
participate in a mental health evaluation and/or mental health counseling at the direction of the BOP
0 The defendant is remanded to the custody of the United States Marshal.
D The defendant shall surrender to the United States Marshal for this district:
a at 
D a.m. 
D p.m. 
on
D as notified by the United States Marshal.
D The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
D before 2 p.m. on
D as notified by the United States Marshal.
D as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on
to
at
, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 3 of 10  PAGEID #: 900

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
DEFENDANT: Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Judgment-Page
of
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
3 years as to Counts 1 and 2 and 1 year as to Count 3 all to run concurrently.
1.
2.
3.
4.
5.
6.
7.
MANDATORY CONDITIONS
You must not commit another federal, state or local crime.
You must not unlawfully possess a controlled substance.
You must refrain from any unlawful use of a controlled substance. You must submit to one dmg test within 15 days of release from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
D The above drug testing condition is suspended, based on the court's determmation that you
pose a low risk of future substance abuse, (check if applicable)
Ef You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizmg a sentence of
restitution, (check if applicable)
|?f You must cooperate in the collection ofDNA as du-ected by the probation officer, (check if applicable)
D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
D You must participate in an approved program for domestic violence, (check if applicable)
You must comply with the standard conditions that have been adopted by fhis court as well as with any other conditions on the attached
page.
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AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 3A - Supervised Release
DEFENDANT: Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Judgment-Page
of
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, 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 ofyour
release from imprisonment, imless the probation officer instmcts you to report to a different probation office or within a diflferent time
frame-
2. After initially reporting to the probation office, you will receive instructions from the court or the probation
when you must report to the probation officer, and you must report to the probation ofTicer 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 yoiir living
arrmgements (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 fall-time employment you must try to'fmd 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. Ifnotifymgfhe probation officer at least 10
days m 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 mteract with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowmgly communicate or interact with that person without first gettmg 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 infoimant without
first getting the permission of the court.
12. If the probation officer detennines 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 confmn that you have notified the person about the risk.
13. You must follow the instmctions 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 witii a written copy of this
judgment containmg these conditions. For further mfonnation regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.
ov.
Defendant's Signature
Date
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 5 of 10  PAGEID #: 902

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 3D - Supervised Release
DEFENDANT: Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Judgment-Page
SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall provide the probation officer with access to any requested financial information and authorize the
release of any financial information to the probation officer. The probation officer may share financial information with the
U.S. Attorney's Office.
2) If requested by the U.S. Attorney's Office, the defendant shall submit a completed financial statement; authorize a credit
check; and submit tax records.
3) The defendant shall participate in a program of testing and treatment for alcohol and controlled substance abuse, as
directed by the U.S. Probation Office, until such time as the defendant is released from the program by the probation
office. The defendant will make a co-payment for treatment services not to exceed $25 per month, which is determined by
the defendant's ability to pay.
4) The defendant shall participate in a program of mental health assessment and/or counseling, as directed by the United
States Probation Office, until such time as the defendant is released from such program by the probation office. The
defendant will make a co-payment for treatment services not to exceed $25 per month, which is determined by the
defendant's ability to pay.
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 6 of 10  PAGEID #: 903

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
DEFENDANT: Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Judgment - Page
of
CRIMINAL MONETARY PENALTIES
The defendant must pay the total crimmal monetary penalties under the schedule of payments on Sheet 6.
TOTALS
Assessment
$ 300.00
Restitution
$ 908,673.00
Fine
AVAA Assessment*
JVTA Assessment*
D The detennmation of restitution is deferred until
entered after such detennination.
. An Amended Judgment in a Criminal Case (AO 245C) will be
D The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately jirogortioned payment, unkssspeafied^
fhe'prionty'order or percentage payment'column below. However, pursuant to 18'LT. S.C. § 3664(1), all nonfederal victims
before the United States is paid.'
Name of Pa ec
SBA Finance Center
Denver Finance Center
721 19th St., 3rd Floor
Denver CO 80202-2500
Total Loss*** 
Restitution Ordered 
Priori orPercenta e
$440,000.00 
$440,000.00
EDD Legal, MIC 53
Attn: FREDD
PO Box 826880
Sacramento CA 94280-0001
$234, 187. 00
$234,187.00
TOTALS
908,673.00
908,673.00
D 
Restitution amount ordered pursuant to plea agreement $
D 
The defendant must pay interest on restitution and a fine of more than $2, 500, unless the restitution or fme 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).
0 The court determined that the defendant does not have the ability to pay mterest and it is ordered that:
0 the mterest requirement is waived for the 
D fine 0 restitution.
D the interest requirement for the 
D fme D restitution is modified as follows:
* Amv. Vickv. and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 1 15-299.
**Jus{ice~fwVli Ctims'otfTaffickmg&t^20l5, Pub. L. Vo^ 
_"; .
_ 
^_. ,,
_, 
^... .
" ^.. _^..... _ .....
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*** Fm'dines for'titie'totalamount^Tfosses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 7 of 10  PAGEID #: 904

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 5B - Criminal Monetary Penalties
DEFENDANT: Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Name of Pa ee
ODJFS
PO Box 182059
Columbus OH 43218-2059
Judgment-Page 
8 
of
ADDITIONAL RESTITUTION PAYEES
Total Loss*
$182, 781.00
Restitution Ordered
$182, 781. 00
Priority or
Percenta e
Arizona Department of Economic Security
Office of Inspector General
Attn: D. Hawkins
2200 North Central Avenue Suite 301 Mail Drop 1747
Phoenix AZ 85004
$28, 050. 00
$28, 050. 00
Texas Workforce Commission
Attn: Greg Herbert
101 East 15th Street, Room 446
Austin TX 78778
$16, 225. 00
$16,225.00
State of Michigan
Unemployment Insurance Agency
Restitution, Department #771760
PO Box 77000
Detroit Ml 48227-1760
$7,066.00
$7,066.00
New York State Department of Labor
Harriman State Office Campus
Building 12, Room 554
AlbanyNY 12240
$364.00
$364.00
* Findings for the total amount of losses au-e reguu-ed under Chapters 109A, 110, 1 IOA, and 1 ISA of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 8 of 10  PAGEID #: 905

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
DEFENDANT: Ousmane Diane
CASE NUMBER: 2:23cr37(1)
Judgment - Page
SCHEDULE OF PAYMENTS
of
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 $ 908973.00 
due immediately, balance due
d 
not later than , or
[] 
m accordance with DC, D D, d E, or 
0 F below; or
B 
D Payment to begin unmediately (may be combmed with 
DC, 
D D, or D F below); or
C 
D Payment m equal 
(e.g., weekly, monthly, quarterly) instalhnents 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) instalhnents of $ 
over a period of
(e.g., months or years), to commence 
(e. g., 30 or 60 days) after release from imprisonment to a
tenn of supervision; or
E 
D 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 regarding the payment of criminal monetary penalties:
Restitution is due immediately with any unpaid balance to be paid in the amount of not less than 10% of the
defendant's net income per month. While incarcerated, if the defendant is working in a non-UNICOR or Grade 5
UNICOR job, he shall pay $25 per quarter toward the restitution. If working in a Grade 1-4 UNICOR job, the
defendant shall pay 50% of his monthly pay toward the restitution obligation. Any change in the schedule shall be
made only by order of this Court.
^ise, if this judgment unposes imprisonment, payment of cnmmalmonetary penalties is due du^
the'periodof^pnsoiment"' AUcnmmaimonetaiy penalties, except those'payments niade through the Federal Bureau of Prisons'
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.
El 
Joint and Several
Case Number
Defendant and Co-Defendant Names
(including defendant number)
'Mohamea'Diaiate 2:23cr37(4) ' 
20,000
MamadouDiaw2:23cr37(5) 
20,000
Issiah Dooley 2:23ef37(6) 
10.000
Lamine Komara 2:23ef37(7) 
20,000
MoussaKaba2:23cr93 
30,000
D 
The defendant shall pay the cost of prosecution.
Joint and Several
Amount
20,000
20,000
10,000
20,000
30,000
D 
The defendant shall pay the following court cost(s):
0 The defendant shall forfeit the defendant's interest in the following property to the United States:
As described in the plea agreement.
Corresponding Payee,
SBAF^Per^riate
SBA Finance Center
SBA Finance Center
SBA Finance Center
SBA Finance Center
shall be applied in the following order: (1) assessment, ^restitution principal, (3)^ restitution interest, (4) AVAA assessment,
(5yfme'prmcTpd,~(^Tme~mterest, (7) community rert^ 
(8)'JVTA assessment, (9) penalties, and (10) costs,
prosecution arid court costs.
Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 9 of 10  PAGEID #: 906

DISTRIBUTION OF
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UNTIED STATES ATTORNEY
U.S.A.'s FINANCIAL WIGATTON'UNTT
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Case: 2:23-cr-00037-SDM Doc #: 188 Filed: 05/01/24 Page: 10 of 10  PAGEID #: 907

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