Amended Judgment — United States v. Mosley

Record facts

U.S. District Court, Northern District of California · No. 4:23-cr-00134-AMO · Doc. 123 · 2024-05-29 · Docket on CourtListener

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AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
UNITED STATES DISTRICT COURT 
Northern District of California 
UNITED STATES OF AMERICA 
) AMENDED JUDGMENT IN A CRIMINAL CASE 
v. 
) 
Frank Mosley 
) 
USDC Case Number:  CR-23-00134-001 AMO 
) 
BOP Case Number:  DCAN423CR00134-001 
) 
USM Number:  11456-511  
) 
Defendant’s Attorney:  Malcolm S. Segal (Retained) 
Date of Original Judgment:  5/9/2024 
(or Date of Last Amended Judgment) 
THE DEFENDANT: 
pleaded guilty to counts: One and Two of the Information 
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 
18 U.S.C. § 1349 
Conspiracy to Commit Bank Fraud 
September 30, 2021 
One 
26 U.S.C. § 7206(2) 
Aiding and Advising False Tax Returns 
February 8, 2021 
Two 
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. 
5/6/2024 
Date of Imposition of Judgment 
Signature of Judge 
The Honorable Araceli Martínez-Olguín 
United States District Judge 
Name & Title of Judge 
Date 
May 29, 2024
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 1 of 8

AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
DEFENDANT:  Frank Mosley 
Judgment - Page 2 of 8 
CASE NUMBER:  CR-23-00134-001 AMO 
 
IMPRISONMENT 
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:     
30 months. This term consists of terms of 30 months on each of Counts One and Two, all counts to be served concurrently.  
The appearance bond is hereby exonerated, or upon surrender of the defendant as noted below.  Any cash bail plus interest shall be 
returned to the owner(s) listed on the Affidavit of Owner of Bond Security form on file in the Clerk's Office. 
 
The Court makes the following recommendations to the Bureau of Prisons: 
Designation at the camp at FCI Lompoc.  
 
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 __________ am/pm on ____________ (no later than 2:00 pm). 
 
 
as notified by the United States Marshal. 
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 
 
 
on 7/15/2024 (no later than 2:00 pm). 
 
 
as notified by the United States Marshal. 
 
 
as notified by the Probation or Pretrial Services Office. 
 
 
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 UNITED STATES MARSHAL 
 
 
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 2 of 8

AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
DEFENDANT:  Frank Mosley 
Judgment - Page 3 of 8 
CASE NUMBER:  CR-23-00134-001 AMO 
 
SUPERVISED RELEASE 
Upon release from imprisonment, the defendant shall be on supervised release for a term of: Three years. This term consists of terms 
of three years on Count One and one year on Count Two, all such terms to run concurrently.  
MANDATORY CONDITIONS OF SUPERVISION 
 
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 other conditions on the 
attached page. 
 
 
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 3 of 8

AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
DEFENDANT:  Frank Mosley 
Judgment - Page 4 of 8 
CASE NUMBER:  CR-23-00134-001 AMO 
 
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, 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 
RELEASE, 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 follow the instructions of the probation officer related to the conditions of supervision. 
5) 
You must answer truthfully the questions asked by your probation officer. 
6) 
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, for example), 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. 
7) 
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 these and the special conditions of your supervision that he or she observes in plain 
view. 
8) 
You must work at least part-time (defined as 20 hours per week) at a lawful type of employment unless excused from doing 
so by the probation officer for schooling, training, community service or other acceptable activities. 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. 
9) 
You must not communicate or interact with someone you know is engaged in criminal activity. You must not associate, 
communicate, or interact with any person you know has been convicted of a felony, unless granted permission to do so by the 
probation officer. 
10) 
If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 
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) 
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). 
 
If the probation officer determines that you pose a risk to a third party, 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. (check if applicable) 
 
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.  I understand that the court may (1) revoke supervision, (2) extend the term of supervision, 
and/or (3) modify the conditions of supervision upon a finding of a violation of probation or supervised release. 
 
 
 
(Signed) 
 
 
 
 
Defendant 
 
Date 
 
 
 
 
 
 
 
 
 
U.S. Probation Officer/Designated Witness 
 
Date 
 
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 4 of 8

AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
DEFENDANT:  Frank Mosley 
Judgment - Page 5 of 8 
CASE NUMBER:  CR-23-00134-001 AMO 
 
SPECIAL CONDITIONS OF SUPERVISION 
 
1. You must not open any new lines of credit and/or incur new debt without the prior permission of 
the probation officer. 
 
2. You must provide the probation officer with access to any financial information, including tax 
returns, and must authorize the probation officer to conduct credit checks and obtain copies of 
income tax returns. 
 
3. You must not have contact with co-defendants Marcus Wilborn, Aaron Boren, and Scott Conway. 
You may have contact with your brother, Reginald Mosley. 
 
4. You must submit your person, residence, office, vehicle, electronic devices and their data 
(including cell phones, computers, and electronic storage media), or any property under your 
control to a search. Such a search must be conducted by a United States Probation Officer or any 
federal, state or local law enforcement officer at any time with or without suspicion. Failure to 
submit to such a search may be grounds for revocation. You must warn any residents that the 
premises may be subject to searches. 
 
 
 
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 5 of 8

AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
DEFENDANT:  Frank Mosley 
Judgment - Page 6 of 8 
CASE NUMBER:  CR-23-00134-001 AMO 
 
CRIMINAL MONETARY PENALTIES 
The defendant must pay the total criminal monetary penalties under the schedule of payments. 
 
Assessment 
Fine 
Restitution 
AVAA 
Assessment* 
JVTA 
Assessment** 
TOTALS 
$200.00 
 Waived 
$3,082,404.00 
 N/A 
 N/A 
 
 
The determination of restitution is deferred until __________. An Amended Judgment in a Criminal Case (AO 245C) 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, 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 before the United States is paid. 
Name of Payee 
Total Loss 
Restitution Ordered 
Priority or Percentage 
Small Business Administration  
721 19th Street, 3rd Floor, Room 301 
Denver, CO 80202 
 
$3,082,404.00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TOTALS 
  
$3,082,404.00 
 
 
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 Sheet 6 
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 is waived for the fine/restitution is modified as follows: 
__________ 
 
* 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. 
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 6 of 8

AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
DEFENDANT:  Frank Mosley 
Judgment - Page 7 of 8 
CASE NUMBER:  CR-23-00134-001 AMO 
 
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 payment of _____________________ due immediately, balance due 
 
 
not later than __________ , or 
 
 
in accordance with  
 
B 
Payment to begin immediately (may be combined with 
 
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 __________ (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 further ordered that the defendant shall pay to the United States a special assessment of $200. During imprisonment, 
payment of criminal monetary penalties are due at the rate of not less than $25 per quarter and payment shall be through the 
Bureau of Prisons Inmate Financial Responsibility Program. Once the defendant is on supervised release, the restitution must 
be paid in monthly payments of not less than $100 or at least 10 percent of earnings, whichever is greater, to commence no 
later than 60 days from placement on supervision. Notwithstanding any payment schedule set by the court, the United States 
Attorney’s Office may pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 3664(m). 
Payments shall be made to the Clerk of U.S. District Court, Attention: Financial Unit, 450 Golden Gate Ave., Box 36060,  
San Francisco, CA 94102, or via the pay.gov online payment system.  
 
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. 
 
Case Number 
Defendant and Co-Defendant Names 
(including defendant number) 
Total 
Amount 
Joint and 
Several Amount 
Corresponding Payee, 
if appropriate 
Reginald Mosley – 0971 4:23CR00134-002 AMO 
$3,082,404.00 
$3,082,404.00 
 
Kenya Ellis – 0971 4:23CR00136-001 AMO 
$3,082,404.00 
$3,082,404.00 
 
Marcus Wilborn – 0971 4:23CR00134-003 AMO 
$1,018,709.00 
$1,018,709.00 
 
Aaron Boren – 0971 4:23CR00134-004 AMO 
$500,000.00 
$500,000.00 
 
Scott Conway – 0971 4:23CR00134-005 AMO 
$380,000.00 
$380,000.00 
 
 
The defendant shall pay the cost of prosecution. 
 
The defendant shall pay the following court cost(s): __________ 
 
 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. 
D, or
D, or
Joint and Several
C, 
E, and/or
F below); or
F below); or
C, 
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 7 of 8

AO 245C (Rev. AO 09/19-CAN 12/19) Amended Judgment in Criminal Case 
DEFENDANT:  Frank Mosley 
Judgment - Page 8 of 8 
CASE NUMBER:  CR-23-00134-001 AMO 
 
 
The defendant shall forfeit the defendant’s interest in the following property to the United States: 
a. 
$713.66 seized from a Wells Fargo account bearing an account number ending in 6953. 
b. $286,355.95 in cash and securities seized from a Fidelity Investments account bearing an account number ending in 
3836.  
 
 
The Court gives notice that this case involves other defendants who may be held jointly and severally liable for payment of all 
or part of the restitution ordered herein and may order such payment in the future, but such future orders do not affect the 
defendant’s responsibility for the full amount of the restitution ordered. 
 
 
Case 4:23-cr-00134-AMO     Document 123     Filed 05/29/24     Page 8 of 8

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