Amended Judgment — United States v. Arlen Encarnacion

Record facts

U.S. District Court, District of New Jersey · No. 3:23-cr-00794-GC · Doc. 37 · 2024-02-23 · Docket on CourtListener

Full text

Case 3:23-cr-00794-GC Document 37 _ Filed 02/23/24 Page 1 of 8 PagelD: 262

AO245C (Mod. O/NJ 42/06)Sheet 1 - Amended Judgment in a Criminal Case

UNITED STATES DISTRICT COURT
District of New Jersey

UNITED STATES OF AMERICA

v. CASE NUMBER  3:23-CR-00794-GC-1
ARLEN G. ENCARNACION

Defendant.

AMENDED JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed on or After November 1, 1987)

Date of Original Judgment: 2/21/2024
Reason for Amendment: Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36)

The defendant, ARLEN G. ENCARNACION, was represented by LORRAINE S. GAULI-RUFO, ESQ.

The defendant pleaded guilty to counts 1 & 2 of the INFORMATION on 10/11/2023. Accordingly, the court has adjudicated
that the defendant is guilty of the following offenses:

Count
Title & Section Nature of Offense Date of Offense Numbers
18U.S.C.§ 1349 CONSPIRACY TO COMMIT WIRE FRAUD 9/28/2020 4
18 U.S.C § 1957 TRANSACTING IN CRIMINAL PROCEEDS 9/28/2020 2
and 2

As pronounced on February 21, 2024, the defendant is sentenced as provided in pages 2 through 8 of this judgment.
The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

It is ordered that the defendant must pay to the United States a special assessment of $200.00 for count(s) 1 & 2,
which shall be due immediately. Said special assessment shall be made payable to the Clerk, U.S. District Court.

it is further ordered that the defendant must notify the United States Attorney for this district within 30 days of any
change of name, residence, or mailing 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 any
material change in economic circumstances.

Signed this 23rd day of February 2024. , Ci)

Géorgette Castner
U.S. District Judge

18861

Case 3:23-cr-00794-GC Document 37 _ Filed 02/23/24 Page 2 of 8 PagelD: 263

AOQ245C (Mod, O/NJ 12/06)Sheat 2 - Imprisonment

Judgment - Page 2 of 8
Defendant: ARLEN G. ENCARNACION

Case Number: 3:23-CR-00794-GC-1

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 and 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

| have executed this Judgment as follows:

Defendant delivered on To
At , with a certified copy of this Judgment.

United States Marshal
By

Deputy Marshal

Case 3:23-cr-00794-GC Document 37 Filed 02/23/24 Page 3 of 8 PagelD: 264

AO245C (Mod. O/NJ 12/06}Sheat 3 - Supervised Release

Judgment - Page 3 of 8
Defendant: ARLEN G. ENCARNACION
Case Number: 3:23-CR-00794-GC-1

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 3years 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.

NEW DEBT RESTRICTIONS

You are prohibited from incurring any new credit charges, opening additional lines of credit, or incurring any new
monetary loan, obligation, or debt, by whatever name known, without the approval of the U.S. Probation Office. You
must not encumber or liquidate interest in any assets unless it is in direct service of the fine and/or restitution
obligation or otherwise has the expressed approval of the Court.

Case 3:23-cr-00794-GC Document 37 _ Filed 02/23/24 Page 4 of 8 PagelD: 265

AO245C (Mod. G/NJ 12/06}Sheel 3 - Supervised Release

Judgment - Page 4 of 8
Defendant: ARLEN G. ENCARNACION
Case Number: 3:23-CR-00794-GC-4

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
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 37 _ Filed 02/23/24 Page 5 of 8 PagelD: 266

AO245C (Mod. O/NJ 12/06}Sheet 3a - Supervised Release

Judgment - Page 5 of 8
Defendant: ARLEN G. ENCARNACION
Case Number: 3:23-CR-00794-GC-1

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 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 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) Ifyou 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
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 37 _ Filed 02/23/24 Page 6 of 8 PagelD: 267

AO245C (Mod. O/NJ 12/08)Sheel 3a - Supervised Release

Judgment - Page 6 of 8
Defendant: ARLEN G. ENCARNACION
Case Number: 3:23-CR-00794-GC-1

STANDARD CONDITIONS OF SUPERVISION

13) You must follow the instructions of the probation officer related to the conditions of supervision.

Upon a finding of a violation of probation or supervised release, | 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. | fully understand the conditions, and have been provided a copy of them.

|
I
1
i
i
[
t
l
l
I
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. i
i]
t
[
I
l
I
|
|
J
i
i
i

(Signed)

Defendant Date

U.S. Probation Officer/Designated Witness Date

Case 3:23-cr-00794-GC Document 37 _ Filed 02/23/24 Page 7 of 8 PagelD: 268

AOQ245C (Mod. O/NJ 12/06)Sheet 6 - Restitution and Forfeiture

Judgment - Page 7 of 8
Defendant: ARLEN G. ENCARNACION
Case Number: 3:23-CR-00794-GC-1

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:

Smail Business Administration

SBA/DFC

721 19" Street, 34 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.

CASS Baeachs 0794-GC Document 37 _ Filed 02/23/24 Page 8 of 8 PagelD: 269

AO245C (Mod. O/NJ 12/0 eet G - Restilution and Forfeiture

Judgment - Page 8 of 8
Defendant: ARLEN G. ENCARNACION
Case Number: 3:23-CR-00794-GC-1

RESTITUTION AND FORFEITURE

FORFEITURE

The defendant is ordered to forfeit the following property to the United States:

- Forfeiture Order file at Docket Entry No. 31 on 1/9/2024.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal
monetary penalties is due during imprisonment. Ail criminal monetary penalties, except those payments made through the
Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made fo the clerk of the court.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4)
AVAA assessmeni, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and
(10) costs, including cost of prosecution and court costs.

File and source

File

gov.uscourts.njd.534279.37.0.pdf

Size

269,029 bytes

SHA-256

08ee38b7af0f6c21fe5f2002a5489eed9b19296158d42b46c5d299dc6453ebee

Our copy

gov.uscourts.njd.534279.37.0.pdf

Original

PACER (login required)