Judgment — United States v. Arlen Encarnacion

Record facts

U.S. District Court, District of New Jersey · No. 3:23-cr-00794-GC · Doc. 36 · 2024-02-22 · Docket on CourtListener

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Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 1 of 8 PageID: 254

AO 245B (Mod. D/NJ 12/06) Sheet 2 - Imprisonment 
Defendant: ARLEN G, ENCARNACION 
Case Number: 3:23-CR-00794-GC-1 
Judgment - Page 2 of 8 
IMPRISONMENT 
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a 
term of 33 months consisting of a term of 33 months on each of Counts One and Two, to be served concurrently. 
The Court makes the following recommendations to the Bureau of Prisons: That the Bureau of Prisons designate a 
facility of service of this sentence with a Residential Drug Assistance Program (RDAP) and as near as possible to the 
defendant's home address. Fort Dix is recommended. 
The defendant is to self-surrender within 45 days by recommendation of the Bureau of Prisons. 
RETURN 
I have executed this Judgment as follows: 
Defendant delivered on _____________ To _________________ _ 
At -----------------------Â with a certified copy of this Judgment. 
United States Marshal 
By __________ _ 
Deputy Marshal 
Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 2 of 8 PageID: 255

AO 245B (Mod. 0/NJ 12/06) Sheet 3 - Supervised Release 
Defendant: ARLEN G. ENCARNACION 
Case Number: 3:23-CR-00794-GC-1 
Judgment - Page 3 of 8 
SUPERVISED RELEASE 
Upon release from imprisonment, you will be on supervised release for a term of 3 years with special conditions. 
This term consists of 3 years on each of Counts One and Two, all such terms to run concurrently. 
Within 72 hours of release from custody of the Bureau of Prisons, you must report in person to the Probation Office 
in the district to which you are released. 
While on supervised release, you must not commit another federal, state, or local crime, must refrain from any 
unlawful use of a controlled substance and must comply with the mandatory and standard conditions that have been adopted 
by this court as set forth below. 
You must submit to one drug test within 15 days of commencement of supervised release and at least two tests 
thereafter as determined by the probation officer. 
You must cooperate in the collection of DNA as directed by the probation officer 
If this judgment imposes a fine, special assessment, costs, or restitution obligation, it is a condition of supervised 
release that you pay any such fine, assessments, costs, and restitution that remains unpaid at the commencement of the 
term of supervised release. 
You must comply with the following special conditions: 
ALCOHOL TESTING AND TREATMENT 
You must refrain from the use of alcohol, and must submit to urinalysis or other forms of testing to ensure 
compliance. It is further ordered that you must submit to evaluation and treatment, on an outpatient or inpatient 
basis, as approved by the U.S. Probation Office. You must abide by the rules of any program and must remain in 
treatment until satisfactorily discharged by the Court. You must alert all medical professionals of any prior substance 
abuse history, including any prior history of prescription drug abuse. The U.S. Probation Office will supervise your 
compliance with this condition. 
FINANCIAL DISCLOSURE 
Upon request, you must provide the U.S. Probation Office with full disclosure of your financial records, including co­
mingled income, expenses, assets and liabilities, to include yearly income tax returns. With the exception of the 
financial accounts reported and noted within the presentence report, you are prohibited from maintaining and/or 
opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or 
business purposes, without the knowledge and approval of the U.S. Probation Office. You must cooperate with the 
U.S. Probation Officer in the investigation of your financial dealings and must provide truthful monthly statements 
of your income. You must cooperate in the signing of any authorization to release information forms permitting the 
U.S. Probation Office access to your financial records. 
MENTAL HEALTH TREATMENT 
You must undergo treatment in a mental health program approved by the U.S. Probation Office until discharged by 
the Court. As necessary, said treatment may also encompass treatment for gambling, domestic violence and/or 
anger management, or sex offense-specific treatment, as approved by the U.S. Probation Office, until discharged 
by the Court. The U.S. Probation Office will supervise your compliance with this condition. 
SELF-EMPLOYMENT/BUSINESS DISCLOSURE 
You must cooperate with the U.S. Probation Office in the investigation and approval of any position of self­
employment, including any independent, entrepreneurial, or freelance employment or business activity. If approved 
for self-employment, you must provide the U.S. Probation Office with full disclosure of your self-employment and 
Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 3 of 8 PageID: 256

AO 245B (Mod. 0/NJ 12/06) Sheet 3- Supervised Release 
Defendant: ARLEN G. ENCARNACION 
Case Number: 3:23-CR-00794-GC-1 
Judgment - Page 4 of 8 
other business records, including, but not limited to, all of the records identified in the Probation Form 48F (Request 
for Self Employment Records), or as otherwise requested by the U.S. Probation Office. 
SUPPORTING DEPENDENTS 
If you are Court-ordered to make child support payments or to make payments to support a person caring for a 
child, you must make the payments and comply with the other terms of the order. 
Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 4 of 8 PageID: 257

AO 2458 (Mod. D/NJ 12106) Sheet 3a - Supervised Release 
Defendant: ARLEN G, ENCARNACION 
Case Number: 3:23-CR-00794-GC-1 
Judgment -Page 5 of 8 
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
of your release from imprisonment, 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 1 0 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 fulltime 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 or lasers).
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.
Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 5 of 8 PageID: 258

AO 245B (Mod. 0/NJ 12/06) Sheet 3a • Supervised Release 
Defendant: ARLEN G. ENCARNACION 
Case Number: 3:23-CR-00794-GC-1 
Judgment - Page 6 of 8 
STANDARD CONDITIONS OF SUPERVISION 
13) You must follow the instructions of the probation officer related to the conditions of supervision.
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For Official Use Only - - - U.S. Probation Office
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Upon a finding of a violation of probation or supervised release, I understand that the Court may (1) revoke supervision 
or (2) extend the term of supervision and/or modify the conditions of supervision. 
These conditions have been read to me. I fully understand the conditions, and have been provided a copy of them. 
You shall carry out all rules, in addition to the above, as prescribed by the Chief U.S. Probation Officer, or any of his 
associate Probation Officers. 
(Signed) __________________________ _ 
Defendant 
Date 
U.S. Probation Officer/Designated Witness 
Date 
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Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 6 of 8 PageID: 259

AO 2458 (Mod. DINJ 12106) Sheet 6 - Res\ilution and Forfeiture 
Defendant: ARLEN G. ENCARNACION 
Case Number: 3:23-CR-00794-GC-1 
Judgment - Page 7 of 8 
RESTITUTION AND FORFEITURE 
RESTITUTION 
The defendant shall make restitution in the amount of $2,176,017.83. Payments should be made payable to the 
U.S. Treasury and mailed to Clerk, U.S.D.C., 402 East State Street, Rm 2020, Trenton, New Jersey 08608, for distribution 
to: 
Small Business Administration 
SBA/DFC 
721 19th Street, 3rd Floor, Room 301 
Denver, CO 80202 
The amount ordered represents the total amount due to the victim for this loss. The defendant's restitution obligation shall 
not be affected by any restitution payments made by other defendants in this case, except that no further payments will be 
required once payment(s) by one or more defendants fully satisfies the victim's loss. The following defendant(s) in the 
following case(s) may be subject to restitution orders to the same victims for this same loss: 
Kent Encarnacion 
3:23-cr-632 
Jacquelyn Pena 
3:23-cr-633 
The restitution is due immediately and shall be paid in full within 30 days of sentencing. 
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal 
monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the 
Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. 
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) 
AVAA assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and 
(10) costs, including cost of prosecution and court costs.
Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 7 of 8 PageID: 260

Case 3:23-cr-00794-GC     Document 36     Filed 02/22/24     Page 8 of 8 PageID: 261

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