Criminal judgment — US v. Holmes

Record facts

U.S. District Court for the Eastern District of Missouri · No. 4:23-cr-00527-SEP · Doc. 67 · 2024-06-12 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MISSOURI 
 
UNITED STATES OF AMERICA 
§ 
JUDGMENT IN A CRIMINAL CASE 
 
§ 
 
v. 
§ 
 
 
§ 
Case Number: 4:23-CR-00527-RLW(1) 
MICHAEL HOLMES 
§ 
USM Number: 47772-044 
 
§ 
Paul E. Sims 
 
§ 
Defendant’s Attorney 
THE DEFENDANT: 
☒ pleaded guilty to count(s) 
one and two of the Superseding Information on February 27, 
2024. 
☐ pleaded guilty to count(s) before a U.S. Magistrate 
Judge, which was accepted by the court. 
 
☐ pleaded nolo contendere to count(s) which was 
accepted by the court  
 
☐ was found guilty on count(s) after a plea of not guilty   
 
The defendant is adjudicated guilty of these offenses: 
Title & Section / Nature of Offense 
Offense Ended 
Count 
Conspiracy to Commit Bank Fraud 18 U.S.C. § 1344 
10/03/2023 
1s 
Wire Fraud 18 U.S.C. § 1343 
08/23/2021 
2s 
 
 
 
 
 
 
 
 
 
 
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. 
 
☐ 
The defendant has been found not guilty on count(s)                                                                                              
☐ Count(s)  ☐ is    ☐ 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 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. 
 
        
June 12, 2024 
Date of Imposition of Judgment 
 
 
 
 
Signature of Judge 
 
RONNIE L. WHITE  
UNITED STATES DISTRICT JUDGE 
Name and Title of Judge 
 
June 12, 2024 
Date 
 
Case: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 1 of 9 PageID #: 226

AO 245B (Rev. MOED 9/19) Judgment in a Criminal Case 
 
Judgment -- Page 2 of 8 
 
DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(1) 
 
IMPRISONMENT 
 
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:   
 
15 months. This term consists of a term of 15 months on each of counts one and two, all such terms to be served concurrently. 
 
☒ The court makes the following recommendations to the Bureau of Prisons: 
                                                                                                                                                                                             
While in the custody of the Bureau of Prisons, it is recommended the defendant be evaluated for participation in the Residential Drug 
Abuse Program. It is also recommended the defendant be evaluated for participation in an Occupational/Educational program. It is 
further recommended that the defendant be housed in a facility as close as possible to the St. Louis, MO metropolitan area. Such 
recommendations are made to the extent they are consistent with the Bureau of Prisons policies. 
 
☒ The defendant is remanded to the custody of the United States Marshal. 
☐ The defendant shall surrender to the United States Marshal for this district: 
 
☐ 
at                                      
☐ 
a.m. 
☐ 
p.m. 
on                                                                
 
☐ 
as notified by the United States Marshal. 
 
☐ 
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 
 
☐ 
before 2 p.m. on                                                                
☐ 
as notified by the United States Marshal. 
☐ 
as notified by the Probation or Pretrial Services Office. 
 
 
 
 
MARSHALS RETURN MADE ON SEPARATE PAGE 
 
 
 
Case: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 2 of 9 PageID #: 227

AO 245B (Rev. MOED 9/19) Judgment in a Criminal Case 
 
Judgment -- Page 3 of 8 
 
DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(1) 
 
SUPERVISED RELEASE 
 
Upon release from imprisonment, the defendant shall be on supervised release for a term of:  three (3) years.  This term consists of a 
term of three years on each of counts one and two, all such terms to run concurrently. 
 
 
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 release 
from imprisonment and at least two periodic drug tests thereafter, as determined by the court. 
 
 
☐ 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. ☒ 
You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence 
of restitution. (check if applicable) 
5. ☒ 
You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) 
6. ☐ 
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 which 
you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) 
7. ☐ 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 this court as well as with any additional 
conditions on the attached page. 
 
 
Case: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 3 of 9 PageID #: 228

AO 245B (Rev. MOED 9/19) Judgment in a Criminal Case 
 
Judgment -- Page 4 of 8 
 
DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(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 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 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. 
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: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 4 of 9 PageID #: 229

AO 245B (Rev. MOED 9/19) Judgment in a Criminal Case 
 
Judgment -- Page 5 of 8 
 
DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(1) 
 
SPECIAL CONDITIONS OF SUPERVISION 
 
While on supervision, the defendant shall comply with the standard conditions that have been adopted by this Court and shall comply 
with the following additional conditions. If it is determined there are costs associated with any services provided, the defendant shall 
pay those costs based on a co-payment fee established by the probation office. 
 
 
You must submit to substance abuse testing to determine if you have used a prohibited substance. You must not attempt to obstruct or 
tamper with the testing methods. 
 
You must participate in a substance abuse treatment program and follow the rules and regulations of that program. The probation 
officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). 
 
If the judgment imposes a financial penalty, you must pay the financial penalty in accordance with the Schedule of Payments sheet of 
the judgment. You must also notify the court of any changes in economic circumstances that might affect the ability to pay this 
financial penalty. 
 
You must provide the probation officer with access to any requested financial information and authorize the release of any financial 
information. The probation office may share financial information with the U.S. Attorney's Office. 
 
You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer.  
 
You must apply all monies received from any anticipated and/or unexpected financial gains, including any income tax refunds, 
inheritances, or judgments, to the outstanding Court-ordered financial obligation. You must immediately notify the probation office of 
the receipt of any indicated monies. 
 
You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. § 1030(e)(1)), other 
electronic communications or data storage devices or media, or office, to a physical or electronic search conducted by a United States 
probation officer. You must warn any other occupants that the premises may be subject to searches pursuant to this condition. The 
probation officer may conduct a search under this condition only when reasonable suspicion exists that you have violated a condition 
of supervision and that the areas to be searched contain evidence of this violation. 
 
 
 
 
 
 
 
Case: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 5 of 9 PageID #: 230

AO 245B (Rev. MOED 9/19) Judgment in a Criminal Case 
 
Judgment -- Page 6 of 8 
 
DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(1) 
 
CRIMINAL MONETARY PENALTIES 
 
The defendant must pay the total criminal monetary penalties under the schedule of payments page. 
 
Assessment 
Restitution 
Fine 
AVAA Assessment* 
JVTA Assessment** 
TOTALS 
$200.00 
$56,689.94 
$.00 
 
 
 
☐ 
The determination of restitution is deferred until            An Amended Judgment in a Criminal Case (AO245C) will be entered 
after such determination. 
☒ 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. 
§ 3664(i), all nonfederal victims must be paid before the United States is paid. 
 
PUBLIC VICTIMS: 
 
 
 
 
 
 
AMOUNT: 
 
St. Louis Community Credit Union  
 
 
 
 
$3,650.94 
Attn: Andy Keppler 
3651 Forest Park Avenue 
St. Louis, MO 63108 
 
Evans Simpson & Associates 
 
 
 
 
 
$39,449.00 
PO Box 1549 
Snellville, GA 30078 
 
United States Small Business Administration 
 
 
 
$13,590.00 
Attn: Restitution 
721 19th Street Room 301 
Denver, CO 80202 
 
TOTAL: 
 
 
 
 
 
 
 
$56,689.94 
 
☐ 
Restitution amount ordered pursuant to plea agreement $                                                           
☐ 
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 the schedule of 
payments page may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). 
☒ 
The court determined that the defendant does not have the ability to pay interest and it is ordered that: 
☒ the interest requirement is waived for the 
☐ fine 
☒ 
restitution 
☐ the interest requirement for the 
☐ fine 
☐ 
restitution is modified as follows: 
 
IT IS FURTHER ORDERED that pursuant to 18 U.S.C. § 3663A, for each of counts one and two, the defendant shall make restitution 
in the total amount of $56,689.94 to the public victims above. This obligation is joint and several with Ricky Johnson (Docket No.: 
4:22CR00468-1 HEA), as to count one in this case, meaning that no further payments shall be required after the sum of the amounts 
actually paid by all defendants has fully covered the compensable injuries. Payments of restitution shall be made to the Clerk of the 
Court for transfer to the victims. The interest requirement for the restitution is waived. 
 
All criminal monetary penalties are due in full immediately. The defendant shall pay all criminal monetary penalties through the Clerk 
of Court. If the defendant cannot pay in full immediately, then the defendant shall make payments under the following minimum 
payment schedule: During incarceration, it is recommended that the defendant pay criminal monetary penalties through an installment 
plan in accordance with the Bureau of Prisons' Inmate Financial Responsibility Program at the rate of 50% of the funds available to 
the defendant. If the defendant owes any criminal monetary penalties when released from incarceration, then the defendant shall make 
payments in monthly installments of at least $200 or no less than 10% of the defendant's gross earnings, whichever is greater, with 
payments to commence no later than 30 days after release from imprisonment. Until all criminal monetary penalties are paid in full, 
the defendant shall notify the Court and this district's United States Attorney's Office, Financial Litigation Unit, of any material 
changes in the defendant's economic circumstances that might affect the defendant's ability to pay criminal monetary penalties. The  
 
Case: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 6 of 9 PageID #: 231

AO 245B (Rev. MOED 9/19) Judgment in a Criminal Case 
 
Judgment -- Page 7 of 8 
 
DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(1) 
 
 
CRIMINAL MONETARY PENALTIES – CONTINUED  
 
defendant shall notify this district's United States Attorney's Office, Financial Litigation Unit, of any change of mailing or residence 
address that occurs while any portion of the criminal monetary penalties remains unpaid. 
 
It is recommended that the defendant participate in the Financial Responsibility Program while incarcerated, if that is consistent with 
Bureau of Prisons policies. 
 
 
 
 
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299. 
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22 
*** Findings for the total amount of losses 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. 
 
 
 
 
 
 
 
 
 
 
 
THIS SECTION INTENTIONALLY LEFT BLANK 
 
 
 
Case: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 7 of 9 PageID #: 232

AO 245B (Rev. MOED 9/19) Judgment in a Criminal Case 
 
Judgment -- Page 8 of 8 
 
DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(1) 
 
SCHEDULE OF PAYMENTS 
 
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows: 
 
A 
☒ 
Lump sum payments of $ 56,889.94 due immediately, balance due                                          
 
☐ 
not later than                                              
, or 
 
☒ 
in accordance 
☐ 
C, 
☐ 
D,  
☐ 
E, or 
☒ 
F below; or 
 
B 
☐ 
Payment to begin immediately (may be combined with 
☐ 
C, 
☐ 
D, or 
☐ 
F below); or 
 
C 
☐ 
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 
☐ 
Payment in equal 20 (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 release from 
imprisonment to a term of supervision; or 
 
E 
☐ 
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 
☒ 
Special instructions regarding the payment of criminal monetary penalties: 
 
It is ordered that the Defendant shall pay to the United States a special assessment of $200.00 for Counts 1s and 
2s, which shall be due immediately.  Said special assessment shall be paid to the Clerk, U.S. District Court. (See 
Criminal Monetary Penalties on pages 6 and 7 for payment of restitution.)  
 
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. 
 
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 
 
☒ Joint and Several 
 
See above for Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and 
Several Amount, and corresponding payee, if appropriate. 
 
 
☐ Defendant shall receive credit on his restitution obligation for recovery from other defendants who contributed to the same 
loss that gave rise to defendant's restitution obligation. 
☐ 
The defendant shall pay the cost of prosecution. 
☐ 
The defendant shall pay the following court cost(s):                                                      
☒ 
The defendant shall forfeit the defendant’s interest in the following property to the United States: 
 
Under 21 U.S.C. §853, the defendant has forfeited all right, title, and interest in the property previously identified in the 
Preliminary Order of Forfeiture issued on May 31, 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: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 8 of 9 PageID #: 233

DEFENDANT:  
MICHAEL HOLMES 
CASE NUMBER:  
4:23-CR-00527-RLW(1) 
USM Number:  
47772-044 
 
 
UNITED STATES MARSHAL 
RETURN OF JUDGMENT IN A CRIMINAL CASE 
 
I have executed this judgment as follows: 
 
Date defendant was delivered with certified copy of this judgment:____________________ 
 
 
Name and location of facility:__________________________________________________ 
 
 
 
☐ Defendant was sentenced to Time Served and was released on:______________________ 
 
☐ Defendant was sentenced to _______ months/years of Probation and was released on:__________________ 
 
☐ Defendant was sentenced to _______ months/years of Supervised Release and was released on:___________ 
 
 
 
 
__________________________________________________ 
NAME OF US MARSHAL/WARDEN 
 
 
 
__________________________________________________ 
By: NAME OF DEPUTY US MARSHAL/CSO  
 
Case: 4:23-cr-00527-SEP     Doc. #:  67     Filed: 06/12/24     Page: 9 of 9 PageID #: 234

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