Judgment — United States v. Diaba Diane

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U.S. District Court, Southern District of Ohio · No. 2:23-cr-00037-SDM · Doc. 210 · 2024-10-17 · Docket on CourtListener

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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1
UNITED STATES DISTRICT COURT
UNITED STATES OF AMERICA
V.
Diaba Diane
Southern District of Ohio
i 
JUDGMENT IN A CRIMINAL CASE
THE DEFENDANT:
Sl pleaded guilty to count(s) 
2 of the 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
18:1349
Nature of Offense
Conspiracy to Commit Wire Fraud
Case Number: 2:23-cr-37-02
USM Number: 44695-510
Joe Edwards
Defendant's Attorney
Offense Ended
8/31/2021
Count
The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.
D The defendant has been found not guilty on count(s)
of this judgment. The sentence is imposed pursuant to
IZlCount(s) 
5 and 6
D is 
Ef are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or maiHng address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.' If ordered 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
Signature ofjudge
ipositi^)Tr\jf Judgment
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: 1 of 8  PAGEID #: 1045

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 sentenced to 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.
MANDATORY CONDITIONS
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 of a controlled substance. You must submit to one drug test within 15 days of placement on
probation 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 determination that you pose a low risk of future
substance abuse, (check if applicable)
4. 
Bt You must cooperate in the collection ofDNA as directed by the probation officer. (check if applicable)
5. 
D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U. S.C. § 20901, el 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)
6. 
D You must participate in an approved program for domestic violence, (check if applicable)
7. 
D You must make restitution in accordance with 18 U. S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)
8. 
You must pay the assessment imposed in accordance with 18 U. S.C. § 3013.
9. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
10. You musfnotify the court of any material change in your economic circumstances that might affect your ability to pay restitution,
fines, or special assessments.
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 2 of 8  PAGEID #: 1046

A0245B(Rev. 09/19)
Judgment in a Criminal Case
Sheet 4A - Probation
Judgment-Page
of
DEFENDANT: Diaba Diane
CASE NUMBER: 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 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 of the time
you were sentenced, unless the probation officer instructs you to report to a different probation office or within a different time frame.
2. 
After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer 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 your 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 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 full-time employment you must try to find 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. If notifying the probation officer at least 10
days 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.
8. 
You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting 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 ortasers).
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. If the probation officer determines 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 confirm that you have notified the person about the 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 officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
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: 3 of 8  PAGEID #: 1047

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 4B - Probation
Judgment-Page
of
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02
ADDITIONAL PROBATION TERMS
The defendant shall participate in the Home Detention component of the 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,
except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney
visits; court appearances; court-ordered obligations; or other activities as pre-approved by the 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: 4 of 8  PAGEID #: 1048

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4D - Probation
Judgment-Page
of
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02
SPECIAL CONDITIONS OF SUPERVISION
1. 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 probation, 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.
2. The defendant must provide all personal financial information and records upon request of the probation officer.
3. The defendant is prohibited from opening new lines of credit or make purchases on existing lines of credit without the
permission of the probation officer.
4. The defendant is required to participate in credit counseling as directed by the 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: 5 of 8  PAGEID #: 1049

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02
Judgment - Page
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
TOTALS
Assessment
S 100.00
Restitution
$ 61,404. 00
Fine
AVAA Assessment*
of
JVTA Assessment**
D The determination of restitution is deferred until
entered after such determination.
. An Amended Judgment in a Criminal Case (AO 245C) will be
[^ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
iless specified
victims must be paid
Total Loss***
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U. S.C. § 3664(i), 'all nonfederal
before the United States is paid.
Name of Payee
ODJFS
PO Box 182059
Columbus, OH 43218-2059
Restitution Ordered 
Priority or Percentage
$61,404. 00 
$61,404. 00 
1 and 100%
TOTALS
61,404.00
61,404.00
0 
Restitution amount ordered pursuant to plea agreement S 
61,404. 00
D 
The defendant must pay interest on restitution and a fine of more than $2,500, unless the 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 The coun determined that the defendant does not have the ability to pay interest and it is ordered that:
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: 6 of 8  PAGEID #: 1050

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
DEFENDANT: Diaba Diane
CASE NUMBER: 2:23-cr-37-02
Judgment - Page
of
SCHEDULE OF 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
term of supervision; or
(e.g., 30 or 60 days) after release from imprisonment to a
(e.g., 30 or 60 days) after release from
E 
Q 
Payment during the term of supervised release will commence within
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:
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
(including defendant number)
Ousmane Diane, case no. 2:23-cr-37-1
Total Amount
61, 404. 00
Joint and Several
Amount
61, 404. 00
Corresponding Payee,
ifappropriate
ODJFS, PO Box 182059
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 defendant shall forfeit the defendant's interest 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 appHed in 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, including cost of
prosecution arid court costs.
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 7 of 8  PAGEID #: 1051

IN TIIK (MTED SI A 11<:S DISTKIC T COt!H I
FOR Tilt: SOl'Tlir.RN DISTRICT OF OIIIO
mmi: roucy ( IIAN(,K RI:STRICTIN(; rvmAc nisn.o.si RF
01 fW S1 \ I FMKN I W KK ASONS 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)
llll-'CI. rRKOi-'C'Ol KISWII I. MAIN'IAIN tllh OM-1CIA1. Vl.RSION
1)1-
I Hk -V /: 1 IKMk.M OF KE \SO>iS PAGE
AND
111^ HI:M\L OFI-TDERA I. BENEFITS PAGE
St Al. i.l) IN A S!-.('CR!: 1.<X-.\TION SI-PARATf.I Y 1:K()\<
Case: 2:23-cr-00037-SDM Doc #: 210 Filed: 10/24/24 Page: 8 of 8  PAGEID #: 1052

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