Court filing
Judgment and Prob/Comm Order — United States v. Lathon (Dkt. 89, C.D. Cal.)
Summary
The Central District of California's judgment of July 21, 2025 convicts Lizette Berrios Lathon, on a guilty plea, of conspiracy to commit mail and wire fraud, aggravated identity theft and wire fraud. It commits Lathon to the Bureau of Prisons for twenty-five (25) months and also states a 32-month term, split as one month in custody and seven months in home confinement on Counts 1 and 3 and 24 months in custody on Count 2, consecutive, then two years of supervised release. Restitution totals $1,061,667.39: $998,630.00 to the California Employment Development Department and $63,047.39 to the Railroad Retirement Board, joint and several with co-participant Kenneth Lathon for the Employment Development Department loss. The special assessment is $300, fines are waived, and the surrender date is noon on October 6, 2025.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed July 21, 2025 in Lizette Berrios Lathon; one of 2 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2025-07-21 |
Cite this document
“Judgment and Prob/Comm Order — United States v. Lathon (Dkt. 89, C.D. Cal.).”
U.S. District Court for the Central District of California, No. 5:22-cr-00229, Doc. 89, filed 2025-07-21. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-lizette-berrios-lathon/2025-07-21-judgment-and-prob-comm-order-dkt-89/
, SHA-256 6054317044e94594d152553a5d1994cc639afba2aeacc81146fea58a20bd1333.Full text
Case 5:22-cr-00229-FMO Document 89 Filed 07/21/25 Page 1 of 6 Page ID #:561
United States District Court
Central District of California
JS-3
UNITED STATES OF AMERICA vs. Docket No. ED CR 22-00229-FMO
Defendant LIZETTE BERRIOS LATHON Social Security No. 3 5 5 6
akas: Lathon, Lezette Berrios, “Lisa” (Last 4 digits)
MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 07 17 2025
COUNSEL Marilyn E. Bednarski, CJA Panel Attorney
(Name of Counsel)
PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
FINDING There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Count 1: Conspiracy to Commit Mail and Wire Fraud 18 U.S.C. § 1349
Count 2: Aggravated Identity Theft 18 U.S.C. § 1028(a)(1)
Count 3: Wire Fraud 18 U.S.C. § 1343
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
COMM Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the
ORDER custody of the Bureau of Prisons to be imprisoned for a term of: twenty-five (25) months.
It is the judgment of the court that defendant is sentenced on Counts One (1), Two (2), and Three (3) to
a term of 32 months. Pursuant to 18 U.S.C. § 3583(e)(4) and U.S.S.G. § 5F1.2, the sentence shall be split as
follows: one (1) month in custody and seven (7) months in home confinement on Counts One (1) and Three
(3) to be served concurrently; and 24 months in custody on Count Two (2), to be served consecutively.
Defendant’s home confinement shall be completed as a special condition of her supervised release.
Upon release from imprisonment, defendant shall be placed on supervised release for a term of two (2)
years. This term consists of two (2) years on Counts One (1) and Three (3) to run concurrently, and one (1) year
on Count Two (2) of the Information, all such terms to run concurrently under the following terms and conditions:
1. Defendant shall comply with the rules and regulations of the United States Probation & Pretrial
Services Office and Second Amended General Order 20-04, including the conditions of probation
and supervised release set forth in Section III of Second Amended General Order 20-04.
2. Defendant shall cooperate in the collection of a DNA sample.
3. During the period of community supervision, defendant shall pay the special assessment and
restitution in accordance with this judgment's orders pertaining to such payment.
4. Defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance,
judgments and any other financial gains to the Court-ordered financial obligation.
5. Defendant shall participate in mental health treatment, which may include evaluation and
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USA vs. LIZETTE BERRIOS LATHON Docket No.: ED CR 22-00229-FMO
counseling, until discharged from the program by the treatment provider, with the approval of the
Probation Officer.
6. Defendant shall participate in and successfully complete a cognitive based life skills program, as
approved and directed by the Probation Officer.
7. Defendant shall not be employed by, affiliated with, own or control, or otherwise participate,
directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal
Deposit Insurance Corporation.
8. Defendant shall not be employed in any position that requires licensing or certification by any local,
state, or federal agency without the prior written approval of the Probation Officer.
9. Defendant shall not be employed in any capacity wherein defendant has custody, control, or
management of defendant's employer's funds.
10. Defendant shall not engage, as whole or partial owner, employee or otherwise, in any business
involving loan programs, telemarketing activities, investment programs or any other business
involving the solicitation of funds or cold-calls to customers without the express approval of the
Probation Officer prior to engaging in such employment. Further, defendant shall provide the
Probation Officer with access to any and all business records, client lists, and other records
pertaining to the operation of any business owned, in whole or in part, by defendant, as directed
by the Probation Officer.
11. Defendant shall not be self-employed nor be employed in a position that does not provide regular
pay stubs with the appropriate deductions for taxes, unless approved by the Probation Officer.
12. Defendant shall not obtain or possess any driver's license, Social Security number, birth
certificate, passport or any other form of identification in any name, other than defendant's true
legal name, nor shall defendant use, any name other than defendant's true legal name without the
prior written approval of the Probation Officer.
13. Defendant shall submit defendant's person, property, house, residence, vehicle, papers,
computers, cell phones, other electronic communications or data storage devices or media, email
accounts, social media accounts, cloud storage accounts, or other areas under defendant's
control, to a search conducted by a United States Probation Officer or law enforcement officer.
Failure to submit to a search may be grounds for revocation. Defendant shall warn any other
occupants that the premises may be subject to searches pursuant to this condition. Any search
pursuant to this condition will be conducted at a reasonable time and in a reasonable manner upon
reasonable suspicion that defendant has violated a condition of his supervision and that the areas
to be searched contain evidence of this violation.
14. Defendant shall participate for a period of thirty-one (31) months in a home detention program
which may include electronic monitoring, GPS, an alcohol monitoring unit, or an automated
identification system, and defendant shall observe all rules of such program as directed by the
probation officer. Defendant shall maintain a residential phone line without devices and/or
services that may interrupt operation of the monitoring equipment. During this period of home
detention, defendant shall be restricted to her residence at all times except for: employment;
education; religious services or gatherings; medical appointments and procedures; mental health
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USA vs. LIZETTE BERRIOS LATHON Docket No.: ED CR 22-00229-FMO
appointments and treatment; attorney visits; court-ordered obligations; any activities relating to her
children and grandchildren; and any other activities approved by Probation. The costs of location
monitoring shall be borne by Probation.
The drug testing condition mandated by statute is not imposed because the court finds that the defendant
poses a low risk of future substance abuse.
Defendant shall pay restitution in the total amount of $1,061,667.39 pursuant to 18 U.S.C. § 3663A. The
amount of restitution ordered shall be paid as follows:
Victim Amount
California Employment Development Department $998,630.00
Railroad Retirement Board $63,047.39
Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter,
and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution
remains unpaid after release from custody, monthly installments of at least 10% of defendant's net monthly
income but not less than $250.00 shall be made during the period of supervised release. These payments shall
begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court
finds that defendant's economic circumstances do not allow for either immediate or future payment of the
amount ordered. If defendant makes a partial payment, each payee shall receive approximately proportional
payment unless another priority order or percentage payment is specified.
Defendant shall be held jointly and severally liable with co-participant, Kenneth Lathon (Case No. ED CR
22-0230) for the amount of restitution ordered in this judgment as it pertains to the California Employment
Development Department loss. The victim's recovery is limited to the amount of their loss and defendant's
liability for restitution ceases if and when the victim receives full restitution. Pursuant to 18 U.S.C. §
3612(f)(3)(A), interest on the restitution ordered is waived because defendant does not have the ability to pay
interest.
The court finds that the property identified in the preliminary order of forfeiture is subject to forfeiture. The
preliminary order is incorporated by reference into the judgment and is final.
Defendant shall pay to the United States a special assessment of $300, which is due immediately. Any
unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and
pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. All fines are waived as the Court
finds that defendant has established that he is unable to pay any fine.
The court recommends that defendant be designated to a Federal Correctional Institution within
California. Defendant shall surrender to the institution designated by the Bureau of Prisons at or before noon,
on October 6, 2025. In the absence of such designation, defendant shall report on or before the same date and
time, to the United States Marshal located at First Street U.S. Courthouse, 350 W. First Street, Suite 3001, Los
Angeles, CA 90012.
The court recommends that the Bureau of Prisons conduct a mental health evaluation of defendant, and
provide all necessary treatment.
Defendant's bond is ordered exonerated upon self-surrender.
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The defendant must also comply with the following special conditions (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not
applicable for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check
or money order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number.
Payments must be delivered to:
United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012
or such other address as the Court may in future direct.
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).
The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).
Payments will be applied in the following order:
1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS
As directed by the Probation Officer, the defendant must provide to the Probation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial
statement, with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply
for any loan or open any line of credit without prior approval of the Probation Officer.
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.
The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
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USA vs. LIZETTE BERRIOS LATHON Docket No.: ED CR 22-00229-FMO
RETURN
I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
By
Date Deputy Marshal
CERTIFICATE
I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court
By
Filed Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) 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.
(Signed)
Defendant Date
U. S. Probation Officer/Designated Witness Date
CR-104 (wpd 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 6 of 6File and source
- File
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- Size
- 281,540 bytes
- SHA-256
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