Court filing
Judgment in a Criminal Case — U.S. v. LaRoche
Filed May 11, 2023 in U.S. v. Laroche; one of 13 filings from this case.
Record facts
| Court | U.S. District Court, Middle District of Florida (Fort Myers Division) |
|---|---|
| Filed | 2023-05-11 |
U.S. District Court, Middle District of Florida (Fort Myers Division) · No. 2:23-cr-00013-TPB-NPM · Doc. 38 · 2023-05-11 · Docket on CourtListener
Full text
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Page 1 of 7
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA
v.
AL CLINT LAROCHE
Case Number: 2:23-cr-13-TPB-NPM
USM Number: 30558-510
Glenn Herbert Mitchell, Retained
1615 Forum Place
Suite 4b
West Palm Beach, FL 33401
JUDGMENT IN A CRIMINAL CASE
Defendant pleaded guilty to Counts One and Two of the Information. Defendant is adjudicated guilty of these offenses:
Title & Section
Nature of Offense
Date Offense
Concluded
Count
Number(s)
18 U.S.C. §§ 1344 and 2
Bank Fraud
April 18, 2020
One
18 U.S.C. §§ 1344 and 2
Bank Fraud
April 15, 2021
Two
Defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.
IT IS ORDERED that 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 shall notify the court and United States Attorney of any material change
in the defendant’s economic circumstances.
Date of Imposition of Judgment:
May 11, 2023
______________________________________
THOMAS P. BARBER
UNITED STATES DISTRICT JUDGE
May 18, 2023
Case 2:23-cr-00013-TPB-NPM Document 38 Filed 05/18/23 Page 1 of 7 PageID 205
Al Clint Laroche
2:23-cr-13-TPB-NPM
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Page 2 of 7
IMPRISONMENT
Defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total
term of 24 months. This term consists of 24 months in Counts One and Two, each count to run concurrently.
The Court makes the following recommendations to the Bureau of Prisons:
Incarceration in a facility close to Pensacola, Florida.
Defendant shall surrender to the United States Marshal for this district on or before June 15, 2023 before 2:00 pm,
unless designated sooner by the Bureau of Prisons, then he shall surrender to the facility as directed by the U.S.
Marshals.
RETURN
I have executed this judgment as follows:
Defendant delivered on ____________________ to ______________________________________
at _________________________________________________, with a certified copy of this judgment.
_______________________________________________
UNITED STATES MARSHAL
By: ________________________________________________
Deputy U.S. Marshal
Case 2:23-cr-00013-TPB-NPM Document 38 Filed 05/18/23 Page 2 of 7 PageID 206
Al Clint Laroche
2:23-cr-13-TPB-NPM
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Page 3 of 7
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of 3 years. This term consists of 3
years in Counts One and Two, each count 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 defendant shall comply with the standard conditions that have been adopted by this court as well as any other
conditions on the attached page.
Case 2:23-cr-00013-TPB-NPM Document 38 Filed 05/18/23 Page 3 of 7 PageID 207
Al Clint Laroche
2:23-cr-13-TPB-NPM
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Page 4 of 7
STANDARD CONDITIONS OF SUPERVISION
As part of Defendant’s supervised release, Defendant must comply with the following standard conditions of supervision.
These conditions are imposed because they establish the basic expectations for Defendant’s 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 Defendant’s conduct and condition.
1.
Defendant must report to the probation office in the federal judicial district where Defendant is authorized to reside
within 72 hours of Defendant’s release from imprisonment, unless the probation officer instructs Defendant to report
to a different probation office or within a different time frame.
2.
After initially reporting to the probation office, Defendant will receive instructions from the court or the probation
officer about how and when Defendant must report to the probation officer, and Defendant must report to the
probation officer as instructed.
3.
Defendant must not knowingly leave the federal judicial district where Defendant is authorized to reside without first
getting permission from the court or the probation officer.
4.
Defendant must answer truthfully the questions asked by Defendant’s probation officer
5.
Defendant must live at a place approved by the probation officer. If Defendant plans to change where Defendant
lives or anything about Defendant’s living arrangements (such as the people Defendant lives with), Defendant 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, Defendant must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
6.
Defendant must allow the probation officer to visit Defendant at any time at Defendant’s home or elsewhere, and
Defendant must permit the probation officer to take any items prohibited by the conditions of Defendant’s
supervision that the probation officer observes in plain view.
7.
Defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation
officer excuses Defendant from doing so. If Defendant does not have full-time employment Defendant must try to
find full-time employment, unless the probation officer excuses Defendant from doing so. If Defendant plans to
change where Defendant works or anything about Defendant’s work (such as Defendant’s position or Defendant’s
job responsibilities), Defendant 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, Defendant must
notify the probation officer within 72 hours of becoming aware of a change or expected change.
8.
Defendant must not communicate or interact with anyone Defendant knows is engaged in criminal activity. If
Defendant knows someone has been convicted of a felony, Defendant must not knowingly communicate or interact
with that person without first getting the permission of the probation officer.
9.
If Defendant is arrested or questioned by a law enforcement officer, Defendant must notify the probation officer
within 72 hours.
10.
Defendant 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.
Defendant 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 Defendant poses a risk to another person (including an organization), the
probation officer may require Defendant to notify the person about the risk and Defendant must comply with that
instruction. The probation officer may contact the person and confirm that Defendant has notified the person about
the risk.
13.
Defendant 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:
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Al Clint Laroche
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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Page 5 of 7
ADDITIONAL CONDITIONS OF SUPERVISED RELEASE
1.
Defendant shall be prohibited from incurring new credit charges, opening additional lines of credit, or making an
obligation for any major purchases without approval of the Probation Officer
2.
Defendant shall provide the probation officer access to any requested financial information.
3.
Defendant shall submit to a search of Defendant’s person, residence, place of business, any storage units under
Defendant’s control, computer, or vehicle, conducted by the United States Probation Officer at a reasonable time
and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a
condition of release. Failure to submit to a search may be grounds for revocation. Defendant shall inform any other
residents that the premises may be subject to a search pursuant to this condition.
4.
Defendant must refrain from any unlawful use of a controlled substance. Defendant must submit to one drug test
within 15 days of placement on supervision and at least two periodic drug tests thereafter as directed by the
probation officer. Defendant must submit to random drug testing not to exceed 104 tests per year.
5.
Defendant shall cooperate in the collection of DNA, as directed by the Probation Officer.
Case 2:23-cr-00013-TPB-NPM Document 38 Filed 05/18/23 Page 5 of 7 PageID 209
Al Clint Laroche
2:23-cr-13-TPB-NPM
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Page 6 of 7
CRIMINAL MONETARY PENALTIES
Defendant shall pay the following total criminal monetary penalties under the schedule of payments set forth in
the Schedule of Payments.
Assessment
AVAA Assessment1
JVTA Assessment2
Fine
Restitution
TOTALS
$200.00
$0.00
$0.00
WAIVED
$1,078,652.50
Defendant shall make restitution (including community restitution) to the following payees in the amount listed
below.
If 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 victims must be paid in full prior to the United States receiving payment.
Name of Payee
Total Loss3
Restitution Ordered
Priority of percentage
First Draw - PPP SBA Loan #
45200682-06
$449,400.00
Second Draw - PPP – SBA Loan #
72560788-01
$629,252.50
SCHEDULE OF PAYMENTS
Special assessment shall be paid in full and is due immediately.
Having assessed Defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
While in the custody of the Bureau of Prisons, Defendant shall either (1) pay at least $25 quarterly if Defendant has
non-Unicor or (2) pay at least 50 percent of your monthly earnings if working Defendant has a Unicor position. Upon
release from custody, Defendant is ordered to begin making payments of ***CR-Restitution Monthly Payment NU***
per month and this payment schedule shall continue until such time as the Court is notified by Defendant, the victim
or the government that there has been a material change in Defendant’s ability to pay. The Court finds that the
defendant does not have the ability to pay interest and the Court waives the interest requirement for the restitution.
Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of
imprisonment, payment of criminal monetary penalties shall be due during the period of 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, unless otherwise directed by the court, the probation officer, or the United States attorney.
Defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
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.
1 Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
2 Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
3 Findings for the total amount of losses are required under Chapters 109A, 110A, and 113A of Title 18 for offenses committed on or after September 13,
1994, but before April 23, 1996.
Case 2:23-cr-00013-TPB-NPM Document 38 Filed 05/18/23 Page 6 of 7 PageID 210
Al Clint Laroche
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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Page 7 of 7
FORFEITURE
Defendant shall forfeit to the United States those assets previously identified in the Order of Forfeiture (ECF No.
29), that are subject to forfeiture.
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