Judgment in a Criminal Case — United States v. Tiffany McFadden (District of South Carolina)

Summary

Judgment in a Criminal Case from the United States District Court for the District of South Carolina against Tiffany McFadden, case 4:22-cr-01041-JD-1, filed 08/08/23. McFadden pleaded guilty on April 26, 2023 to Count one (1) of the Indictment under 18 U.S.C. §§ 1343 and 1349, and Counts 2 and 5 were dismissed on the motion of the United States. The court committed McFadden to the Bureau of Prisons for 37 months, with a delayed reporting date of six (6) months, followed by five (5) years of supervised release. Restitution is payable to the Small Business Administration, joint and several with codefendants Cherry Lewis and Keisha Lewis, at not less than $100 per month after release, plus a $100.00 assessment. The judgment is signed s/ Joseph Dawson III and dated August 8, 2023.

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“Judgment in a Criminal Case — United States v. Tiffany McFadden (District of South Carolina).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/109-judgment-as-to-tiffany-mcfadden-1-amended-judgment-ecf-196-n-0789274c0b/, SHA-256 a52aea576815e55440c6209831bc40e0a1ef6155151e56da86590400b25c61c2.

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4:22-cr-01041-JD Date Filed 08/08/23 Entry Number 109 Page 1 of 10
AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
District of South Carolina
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
)
) Case Number: 4:22-cr-01041-JD-1
Tiffany McFadden
) USM Number: 38410-510
)
) Cezar E McKnight, retained
) Defendants Attorney
THE DEFENDANT:

pleaded guilty to Count one (1) of the Indictment on April 26, 2023
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. §§ 1343 and 1349 See Indictment 12/20/2022 1

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.

The defendant has been found not guilty on count(s)
Count(s) 2 & 5 of the indictment is are dismissed on the motion of the United States.

Forfeiture provision is hereby dismissed on motion of the United States Attorney.

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.

August 8 , 2023
Date of Imposition of Judgment

s/ Joseph Dawson III
Signature of Judge

Honorable Joseph Dawson, III, United States District Judge
Name and Title of Judge

August 8, 2023
Date
4:22-cr-01041-JD Date Filed 08/08/23 Entry Number 109 Page 2 of 10
AO 245B (SCDC Rev. 10/20) Judgment in Criminal Case
Sheet 2 Imprisonment
Judgment Page 2 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-01041-JD-1, Tiffany McFadden

IMPRISONMENT

Having calculated and considered the advisory sentencing guidelines and having also considered the relevant
statutory sentencing factors contained in 18 U.S.C. § 3553(a), it is the judgment of the Court that the
defendant, Tiffany McFadden , is hereby committed to the custody of the Bureau of Prisons to be imprisoned
for a term of 37 months.

The defendant shall pay restitution in the amount of $2,191.257.00 to the Small Business
Administration. Restitution is joint and several with codefendants.

The court makes the following recommendations to the Bureau of Prisons:

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:

as notified by the United States Marshal and/or

as notified by the Probation or Pretrial Services Office.

Defendant shall have a delayed reporting date of six (6) months from the date of this judgment.
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
4:22-cr-01041-JD Date Filed 08/08/23 Entry Number 109 Page 3 of 10
AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3 Supervised Release
JudgmentPage 3 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00439-JD, Tiffany McFadden

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years.

While on supervised release, the defendant shall comply with the mandatory conditions of supervision outlined in 18 U.S.C. § 3583(d)
and USSG § 5D1.3(a) and the standard (discretionary) conditions outlined in USSG 5D1.3(c) as noted in presentence report.

Standard conditions of supervision 1 through 9 and 13 serve the statutory sentencing purposes of public protection and rehabilitation
pursuant to 18 U.S.C. § 3553(a)(2)(C) and (D). Standard conditions of supervision 10 and 12 serve the statutory sentencing purpose of
public protection pursuant to 18 U.S.C. § 3553(a)(2)(C). Standard condition of supervision 11 ensures that the defendant does not engage in
activities that may potentially conflict with the other conditions of supervision and that may pose risks to the defendants probation officer.
The defendant shall also comply with the following special condition for the reasons set forth in the presentence report which has
previously been adopted by the Court as the finding of facts for the purposes of sentencing:

1. You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer.

2. You must pay any remaining unpaid restitution at a monthly rate of not less than $100 per month beginning 30 days after
release. Interest is waived. The defendant shall submit financial documents and verification of income to the U.S. Probation
Officer as requested. The Court reserves the right to increase payments based upon any increase in financial status.

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 the location where 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.
4:22-cr-01041-JD Date Filed 08/08/23 Entry Number 109 Page 4 of 10
AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3A Supervised Release
JudgmentPage 4 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-01041-JD-1, Tiffany McFadden

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, based on your criminal record, personal history or characteristics, that you pose a risk to another
person (including an organization), the probation officer, with the prior approval of the Court, 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
4:22-cr-01041-JD Date Filed 08/08/23 Entry Number 109 Page 5 of 10
AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 5 Criminal Monetary Penalties
Judgment Page 5 of 6
DEFENDANT &
4:22-cr-01041-JD-1, Tiffany McFadden
CASE NUMBER:
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 $ 100.00 $ 2,191.257.00 $ $ $

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 Adm. $ 2,191.257.00 $ 2,191.257.00

TOTALS $ 2,191.257.00 $ 2,191.257.00

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 fine restitution.
the interest requirement for 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.
4:22-cr-01041-JD Date Filed 08/08/23 Entry Number 109 Page 6 of 10
AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 6 Schedule of Payments
Judgment Page 6 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-01041-JD-1, Tiffany McFadden

SCHEDULE OF PAYMENTS

Having assessed the defendants ability to pay, payment of the total criminal monetary penalties is due as follows:

A Lump sum payment of $ 100.00 special assessment and $2,191.257.00 restitution due immediately

not later than , or
in accordance with 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 Monthly (e.g., weekly, monthly, quarterly) installments of $ 100.00 over a period of
(e.g., months or years), to commence 30 days (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 defendants ability to pay at that time; or

F Special instructions regarding the payment of criminal monetary penalties:

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.
Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
Defendant, Tiffany McFadden (1) $2,191.257.00 2,191.257.00

Co defendant - Cherry Lewis (2)

Co - defendant Keisha Lewis (3)

The defendant shall pay the cost of prosecution.

The defendant shall pay the following court cost(s):

The defendant shall forfeit the defendants interest in the following property to the United States:
As directed in the Preliminary Order of Forfeiture, filed 7/24/2023 and the said order is incorporated herein as part of this
judgment.

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.
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4:22-cr-01041-JD Date Filed 08/08/23 Entry Number 109 Page 10 of 10

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