Judgment in a Criminal Case — United States v. Ernest Bernard Gonder, Jr. (S.D. Fla.)

Record facts

U.S. District Court, Southern District of Florida (Miami Division) · No. 0:24-cr-60003-KMW · Doc. 30 · 2024-06-06 · Docket on CourtListener

Full text

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UN ITED STATES OF AM ERICA
ERNEST BERNARD GO NDER,'R.
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JUDGM ENT IN A CRIM INAT, CASE
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j Case Number: 0:24-CR-60003-IfMW (1)
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USM Number: 96867-510
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Counsel for Defendant: Michael Bruce Cohen
j 
Counsel for United States: Marc Stuart Anton
THE DEFENDANT:
pleaded guilty to Counts 1 and 2 of the
lnform ation.
pleaded guilty to countts) before a U.S.
Z Magistrate Judge, which was accepted by the
court. 
'
pleaded nolo contendere to countts) which was
EZ
acce ted b the court
was found guilty on countts) after a plea of not
E1
uil
The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense
18 U.S.C. j 1343.F W ire Fraud.
Offense Ended
01/05/2024
Counts
1 and 2
The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.
The defendant has been found not guilty on countts)
countts) ELI is EEI 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 mailing address until al1 fines, restitution, costs, and special assessments imposed by this judgment are fully paid. lf
ordered to pay restitution, the defendant must notify the coul't and United States attorney of m aterial changes in economic
circumstances.
M av 29. 2024
Date of Imposition of Judgment
Signature o J dge
K ATHL EN M . W ILLIAM S
UNITE STATES DISTRICT JUDGE
Name and Ti le of Judge
Date
Case 0:24-cr-60003-KMW   Document 30   Entered on FLSD Docket 06/06/2024   Page 1 of 6

AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
DEFENDANT: 
EIG EST BERNA RD GON DER, JR.
CASEM JMBER: 
0:24-CR-60003-KMW(1)
Judgment - Paje 2 of 6
PR OBA TION
The defendant is hereby sentenced to probatioù for a tenn of:
5 years as to Counts 1 and 2 of the Information.
counts to run: EEI concurrent 
EEI consecutive
M AN DATORY CO NDITION S
You must not comm it another federal, state or local crime.
You must not unlawfully possess a controlled substance.
3. 
You must refrain from any unlawf'ul use of a controlled substance. You must submit to one drug test within 15 days of
release from imprisonment and at least two periodic dnzg tests thereafter, as detennined by the coult
EEI The above drug testing condition is suspended, based on the court's determination that you pose a Iow risk of
future substance abuse. (check fapplicable) 
'
M You must cooperate in the collection of DNA as directed by the probation ofticer. (check fapplicable)
You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. j 20901 , et
seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which
you reside, work, are a student, or were convicted of a qualifying offense. (check fapplicablej
You must participate in an approved program for domestic violence. (check fapplicable)
You must make restitution in accordance with 18 U.S.C. jj 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check (/'
applicable)
You must pay the assessment imposed in accordance with 18 U.S.C. j 3013.
If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
You must notify the court of any material change in your econom iù circumstances that might affect your ability to pay
restimtion, fines, or special assessments.
8.
9. (71
E1
You must comply with the standard conditions that have been adopted by this court as well as with any additional
conditions on the attached page.
Case 0:24-cr-60003-KMW   Document 30   Entered on FLSD Docket 06/06/2024   Page 2 of 6

AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
DEFENDAN T:
CASE N UM BER:
Judgment - Page 3 of 6
ERN EST BERNARD GONDER, JR.
0:24-CR-60003-KMW (1)
STAO
AR D COND ITIO NS OF PRO BA TION
As pal't 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 supelwision and identify the minimum tools needed by
probation ofticers to keep infonned, report to the court about, and bring about improvements in your conduct and condition.
l . You must report to the probation oftice in tlle 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 ofticer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without tirst getting permission from
the court or the probation ofticer.
4. You must answer truthfrlly 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. lf 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 ofticer excuses you from
doing so. lf you do not have full-time employment you must try to find f'ull-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 yourjob
responsibilities), you must notify the probation ofticer at least 10 days before the change. lf notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation offker 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. lf 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 ofticer, you must notify the probation ofticer within 72 hours.
10. You must noy own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that
was designed, or was moditied for, the specific purpose of causing bodily injury or death to another person such as nunchakus or
tasers). 
'
1 1. You must not act or make any agreement with a 1aw enforcement agency to act as a confidential human source or informant
withput first getting the pennission of the coul't.
12. lf the probation officer detenuines that you pose a risk to another person (including an organization), the probation ofticer 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 notitied the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation O ffice Use O nly
A U.S. probation officer has instnzcted m e on the conditions specifed by the court and has provided me with a
written copy of this judgment containing these conditions. 1 tmde' rstand additiopal information regarding these
conditions is available at w ww .flsp.uscourts.uov.
Defendant's Signature 
Date
Case 0:24-cr-60003-KMW   Document 30   Entered on FLSD Docket 06/06/2024   Page 3 of 6

AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
DEFENDAN T:
CA SE N UM BER:
SPECIAL C OND ITION S O F PR O BATION
Hom e Detention: The defendant shall participate in the Home Detention Program for a period of 10 m onths.
During this tim e, the defendant shall rem ain at his place of residence except for employment and other activities
approved in advance and provide the U .S. Probation Ofticer with requested docum entation.
Judgment -- Page 4 of 6
ERNEST BERNARD GONDER, JR.
0:24.CR.60003.KMW (1)
Comm unity Service: The defendant shall perform  500 hours of comm unity service which shall be completed
no later than three m onths prior to termination of supervision. The defendant shall perform comm unity service
hours on a m onthly basis as directed by the U.S. Probation Office.
Financial Disclosure Requirem ent: The defendant shall provide complete access to financial inform ation,
including disclosure of all business and personal finances, to the U .S. Probation Officer.
Self-Em ploym ent Restriction: The defendant shall obtain prior written approval from  the Court before entering
into any self-employm ent.
Unpaid Restitution, Fines, or Special Assessm ents: lf the defendant has any unpaid am otmt of restitution, fines?
or special assessments, the defendant shall notify the probation officer of any material change in the defendant's
economic circum stances that might affect the defendant's abili'ty to pay.
Case 0:24-cr-60003-KMW   Document 30   Entered on FLSD Docket 06/06/2024   Page 4 of 6

AO 2458 (Rev. FLSD 2/20) Judgment in axcriminal Case
DEFENDAN T:
CASE N UM BER:
Judgment -- Page 5 of 6
ERN EST BERNARD GONDER, JR.
0:24-CR-60003-KMW(1)
CRIM IYAL M ONETARY PENALTIES
The defendant must a the total crim inal moneta 
enalties under the schedule of a m ents a e.
Assessm ent 
Restitution 
Fine 
AVAA Assessm ent* 
JVTA Assessment*W
TOTALS 
$200.00 
$168448.41 
$5,500.00
(((! 
The detennination of restitution is deferred until 
An Amendedludgment in a Criminal Case
(AO245C) will be entered after such detennination.
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 proportioned payment. However, pursuant to 18 U.S.C.
j 3664(1), al1 nonfederal victims must be paid before the United States is paid.
H Restitution amount ordered pursuant to plea agreement $168,248.41.
EEI 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. j 3612(9. A1l of the payment options on the schedule of
payments page may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. j 3612(g).
The court determined that the defendant does not have the ability to pay interest and it is ordered that:
ElII the interest requirement is waived for the 
((qj fine 
(U restitution
((qI the interest requireinent for the 
fine 
restitution is modified as follows;
Restimtion with lmprisonment - It is further ordered that the defendant shall pay restimtion in the amount of $.00. During the period of
incarceration, payment shall be made as follows: (1) if the defendant ealms wages in a Federal Prison Industries (UNICOR) job, then
the defendant must pay 50% of wages earned toward the tinancial obligations imposed by this Judgment in a Criminal Case; (2) if the
defendant does not work in a UNlcoRjob, then the defendant must pay a minimum of $25.00 per quarter toward the financial
obligations imposed in this order. Upon release of incarceration, the defendant shall pay restitution at the rate of l0% of monthly gross '
earnings, until such time as the court may alter that payment schedule in the interests of justice. The U.S. Bureau of Prisons, U.S.
Probation Oftk e and U.S. Attorney's Oftk e shall monitor the paym ent of restitution and report to the court any material change in the
defendant's ability to pay. These payments do not preclude the government from using other assets or incom e of the defendant to
satisfy the restimtion obligations.
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 20l 8, 18 U.S.C. j2259.
#* Justice for Victims of Trafficking Act of 2015, 18 U.S.C. j3014.
*** Findings for the total amount of loéses are requirqd under Chapters 109A, 1 1O, 1 IOA, and 1 l3A of Title 18 for offenses committed on or after
September 13, 1994, but befere April 23, 1996.
Case 0:24-cr-60003-KMW   Document 30   Entered on FLSD Docket 06/06/2024   Page 5 of 6

AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case 
Judgment -- Page 6 of 6
DEFENDAN T: 
ERNEST BERNARD GONDER, JR.
CASE NUMBER: 
0:24-CR-60003-KMW (l)
SCHED ULE O F PA YM EN TS
l 
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
I
A
M Lump sum payments of $200.00 due immediately.
It is ordered that the Defendant shall pay to the United States a special assessment of $200.00 for Counts 1 and 2 , which shall
be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Paym ent is to be addressed to:
U.S. CLERK'S OFFICE
ATTN: FINANCIAL SECTION
400 NORTH M IAM I AVENUE, ROOM  8N09
M IAM I, FLORIDA 33128-7716
Unless the coul't has expressly ordered othcrwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. Al1 crim inal monetary penalties, except those payments made through the Federal Bureau of Prisons'
lnmate 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.
IZI Joint and Several
See above for Defendant and Co-Defendant Names and Case Numbers (including depndant number), Total Amount, Joint and
Several Amount, and corresponding payee, if appropriate. 
'
X The defendant shall forfeit the defendant's interest in the following property to the United States:
FORFEITURE of the defendant's right, title and interest in certain property is hereby ordered consistent with the plea
agreement and pursuant to the Preliminary Order of Forfeiture (DE 19) entered on 3/19/2024.
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 0:24-cr-60003-KMW   Document 30   Entered on FLSD Docket 06/06/2024   Page 6 of 6

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