Judgment in a Criminal Case — US v. Price

Record facts

U.S. District Court for the Southern District of Texas, Houston Division · No. 4:20-cr-00522 · Doc. 113 · 2021-12-01 · Docket on CourtListener

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United States District Court

AO 245B (Rev. 09/19) sadgment in a Criminal Case Southern 5 strict of Texas
FINTERED
UNITED STATES DISTRICT COURT __ December 03, 2021
SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk
Holding Session in Houston
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
“ov
LEE E. PRICE, III CASE NUMBER: 4:20CR00522-001

USM NUMBER: 04128-509

Thomas S. Berg
Defendant’s Attorney

THE DEFENDANT:
pleaded guilty to count(s) 1, 2, 3, 4 and 5 on September 20, 2021.

pleaded nolo contendere to count(s)
which was accepted by the court.

C1 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. § 1343 Wire fraud 05/03/2020 1

18 U.S.C. § 1343 Wire fraud 06/23/2020 2

18 U.S.C. § 1957 Engaging in monetary transactions in criminally derived property 05/21/2020 3

18 U.S.C, § 1957 Engaging in monetary transactions in criminally derived property 06/26/2020 4

18 U.S.C. § 1957 Engaging in monetary transactions in criminally derived property 06/27/2020 5

C1 See Additional Counts of Conviction.

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.

Cl The defendant has been found not guilty on count(s)

O Count(s) 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.

November 29, 2021
Date of Imposition of Judgment

Signature of Judge

_ VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE
Name and Title of Judge

IZ/ 1/202!

Date
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 2 of 6
DEFENDANT: LEE E. PRICE, TI ;

CASE NUMBER: — 4:20CR00522-001
IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term
of: 110 months.
This term consists of ONE HUNDRED TEN (110) MONTHS as to each of Counts 1, 2, 3, 4 and 5, to run concurrently
with each other, for a total of ONE HUNDRED TEN (110) MONTHS.

O See Additional Imprisonment Terms.

& The court makes the following recommendations to the Bureau of Prisons: The Court recommends the defendant be
designated to FCI Bastrop.

The defendant is remanded to the custody of the United States Marshal.
Cl The defendant shall surrender to the United States Marshal for this district:

O at on

QO as notified by the United States Marshal.

1 The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
C1 before 2 p.m. on
QO as notified by the United States Marshal.

0 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
AO 245B (Rev. 09/19) Judgment in a Criminal Case

Sheet 3 — Supervised Release

Judgment — Page 3. «Cooof 6

DEFENDANT: LEE E. PRICE, lil
CASE NUMBER: 4:20CR00522-001

Upon release from imprisonment, you will be on supervised release for a term of: 3 years.

SUPERVISED RELEASE

This term consists of THREE (3) YEARS as to each of Counts 1, 2, 3, 4 and 5 to be served concurrently with each other.

ray

7.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

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.

O_ 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) .

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)

You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

O 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 the location where you reside, work, are a
student, or were convicted of a qualifying offense. (check if applicable)

(J = 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.

STANDARD CONDITIONS OF SUPERVISION

See Special 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.

2.

11.

12.

13,

14.

15.

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.

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.

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. ,

You must answer truthfully the questions asked by your probation officer.

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. :

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.

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.

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.

If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

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).

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.

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.

You must follow the instructions of the probation officer related to the conditions of supervision.

If restitution is ordered, the defendant must make restitution as ordered by the Judge and in accordance with the applicable provisions of 18 U.S.C.
§§ 2248, 2259, 2264, 2327, 3663A and/or 3664. The defendant must also pay the assessment imposed in accordance with 18 U.S.C. § 3013.

The defendant must notify the U.S. Probation Office of any material change in the defendant’s economic circumstances that might affect the
defendarit’s ability to pay restitution, fines, or special assessments.
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3D — Supervised Release

Judgment — Page 4 of 6

DEFENDANT: LEE E. PRICE, II
CASE NUMBER: — 4:20CR00522-001

SPECIAL CONDITIONS OF SUPERVISION

You must participate in an outpatient substance-abuse treatment program and follow the rules and regulations of that program. The
probation officer will supervise your participation in the program, including the provider, location, modality, duration, and intensity.
You must pay the costs of the program, if financially able.

You may not possess any controlled substances without a valid prescription. If you do have a valid prescription, you must follow the
instructions on the prescription.

You must submit to substance-abuse testing to determine if you have used a prohibited substance, and you must pay the costs of the
testing if financially able. You may not attempt to obstruct or tamper with the testing methods.

You may not use or possess alcohol.

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.
AO 245B (Rev. 09/19) Judgment in a Criminal Case

Sheet 5 — Criminal Monetary Penalties

Judgment — Page 5 of 6

DEFENDANT: LEE E. PRICE, II
CASENUMBER:  4:20CR00522-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment! JVTA Assessment?
TOTALS $500.00 $1,689,952.00 $ $ $

A $100 special assessment was imposed on each of Counts | through 5, for a total of $500.

CO See Additional Terms for Criminal Monetary Penalties.
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
Harvest Small Business Finance $ $752,452.00
U.S. Small Business Administration $ $937,500.00
See Additional Restitution Payees.
TOTALS $ $1,689,952.00
[1 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).
C1 =‘ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
Othe interest requirement is waived for the C1 fine ( restitution.
(the interest requirement for the o fine UO restitution is modified as follows:
() Based on the Government's motion, the Court finds that reasonable efforts to collect the special assessment are not likely to be

effective. Therefore, the assessment is hereby remitted.

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. ,
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 6 of 6
DEFENDANT: LEE E. PRICE, II
CASE NUMBER: 4:20CR00522-001
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A CO Lump sum payment of $ due immediately, balance due
1 not later than , or
in accordance with 0 C, O D, CE, or OF below; or
B Payment to begin immediately (may be combined with D1 C, 0 D, or & F below); or
C OC Payment in equal installments of $ over a period of ,
to commence after the date of this judgment; or
D (Payment in equal installments of $ over a period of
to commence after release from imprisonment to a term of supervision; or
E Payment during the term of supervised release will commence within 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:

The defendant shall begin payment immediately and the special assessment is due immediately. Any unpaid
balance due in payments of the greater of $25 per quarter or 50% of any wages earned while imprisoned in
accordance with the Bureau of Prisons' Inmate Financial Responsibility Program. Any balance remaining
after release from imprisonment shall be due in monthly installments of $250 to commence 30 days after
release from imprisonment to a term of supervision. Payment is to be made through the United States District
Clerk, Southern District of Texas.

Payable to: Clerk, U.S. District Court, Attn: Finance, P.O. Box 61010, Houston, TX 77208

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
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.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

O Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate

C1 See Additional Defendants and Co-Defendants Held Joint and Several.
[1 The defendant shall pay the cost of prosecution.
0 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:
As set forth in the order of forfeiture executed by this Court on November 29, 2021.

Payments shail 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, ®) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.

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