Judgment in a Criminal Case — United States of America v. Arian Anthony Bailey, Case 2:23-cr-00214-CDS-BNW (Dkt. 16, D. Nev.)

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A judgment in a criminal case in United States v. Arian Anthony Bailey, Case No. 2:23-cr-00214-CDS-BNW-1, in the U.S. District Court for the District of Nevada, imposed March 14, 2024, signed March 25, 2024 by Cristina D. Silva, United States District Judge, and filed March 26, 2024 as Document 16. Bailey pleaded guilty to one count of wire fraud under 18 U.S.C. § 1343, an offense ending June 8, 2021. He is sentenced to 30 months in prison, with a recommendation that he serve it at FCI Phoenix or near Las Vegas, followed by 3 years of supervised release, and ordered to pay a $100 assessment and $46,731 in restitution. The restitution list names Benworth Capital Partners LLC and the U.S. Small Business Administration, which is owed $25,998.39.

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Case 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page1of8

AO 245B (Rev. 06/17) | Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT

District of Nevada
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
ARIAN ANTHONY BAILEY ) Case Number: 2:23-cr-00214-CDS-BNW-1
) USM Number: 51485-424
)
) Aden Kahssai, AFPD
) Defendant’s Attorney

THE DEFENDANT:
M1 pleaded guilty to count(s) | One (1) of the Information

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

LJ 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 6/8/2021 1
The defendant is sentenced as provided in pages 2 through if of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.
LJ The defendant has been found not guilty on count(s)

LJ Count(s) LI is L] are dismissed on the motion of the United States.

_. Itis 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.

3/14/2024 -
Date of imppsiyen of Judgment

(LS
Mi
Signdtufe of Judge

CRISTINA D. SILVA, UNITED STATES DISTRICT JUDGE
Name and Title of Judge

3/25/2024
Date
Case 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page 2of8

AO 245B (Rev. 06/17) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 2 of 7
DEFENDANT: ARIAN ANTHONY BAILEY
CASE NUMBER: 2:23-cr-00214-CDS-BNW-1

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total
term of:

30 Months.

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

Due to the proximity of the Defendant's family, the Court recommends the Defendant to be permitted to serve his term of
incarceration at FCI Phoenix, AZ or as close to Las Vegas, NV as possible.

WM The defendant is remanded to the custody of the United States Marshal.

(1 The defendant shall surrender to the United States Marshal for this district:
C1 as notified by the United States Marshal.

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

L] as notified by the Probation or Pretrial Services Office.

RETURN
I have executed this judgment as follows:
Defendant delivered on to
a , with a certified copy of this judgment.
UNITED STATES MARSHAL
By

DEPUTY UNITED STATES MARSHAL
Case 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page 3of8

AO 245B (Rev.06/17) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment—Page 3 of 7

DEFENDANT: ARIAN ANTHONY BAILEY

CASE NUMBER: 2:23-cr-00214-CDS-BNW-1
SUPERVISED RELEASE

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

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.
. 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 not to exceed 104 tests annually.
L] 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, V1 You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

5. L] You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, 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)

6. LC] You must participate in an approved program for domestic violence. (check if applicable)
7. LC] You must make restitution in accordance with 18 U.S.C. §§ 3663, 3663A, or any other statute authorizing restitution. (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 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page 4of8

AO 245B (Rev. 06/17) Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment—Page 4 of 7
DEFENDANT: ARIAN ANTHONY BAILEY
CASE NUMBER: 2:23-cr-00214-CDS-BNW-1

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. Ifyou 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. Ifthe 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.

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

U.S. Probation Office Use Only

A USS. 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
Case 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page5of8
AO 245B(Rev. 06/17) Judgment in a Criminal Case
Sheet 3D — Supervised Release

Judgment—Page be) of t
DEFENDANT: ARIAN ANTHONY BAILEY
CASE NUMBER: 2:23-cr-00214-CDS-BNW-1

SPECIAL CONDITIONS OF SUPERVISION

1. Substance Abuse Treatment — 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 (provider,
location, modality, duration, intensity, etc.).

2. Drug Testing — You must submit to substance abuse testing to determine if you have used a prohibited substance.
Testing shall not exceed 104 tests per year. You must not attempt to obstruct or tamper with the testing methods.

3. Mental Health Treatment — You must participate in an [Outpatient] mental health treatment program and follow the rules
and regulations of that program. The probation officer will supervise your participation in the program (provider, location,
modality, duration, intensity, etc.).

4. Access to Financial Information — You must provide the probation officer access to any requested financial information
and authorize the release of any financial information. The probation office will share financial information with the U.S.
Attorney’s Office.

5. Debt Obligations — You must not incur new credit charges, or open additional lines of credit without the approval of the
probation officer.

6. Search and Seizure — You must submit your person, property, house, residence, vehicle, papers, computers (as defined
in 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search
conducted by a United States Probation Officer. Failure to submit to a search may be grounds for revocation of release.
You must warn any other occupants that the premises may be subject to searches pursuant to this condition.

The probation officer may conduct a search under this condition only when reasonable suspicion exists that you have
violated a condition of supervision and that the areas to be searched contain evidence of this violation. Any search must be
conducted at a reasonable time and in a reasonable manner.
Case 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page 6of8
AO 245B (Rev. 06/17) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page 6 of 7
DEFENDANT: ARIAN ANTHONY BAILEY
CASE NUMBER: 2:23-cr-00214-CDS-BNW-1

CRIMINAL MONETARY PENALTIES

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

Assessment JVTA Assessment* Fine Restitution
TOTALS $ 100.00 $ 0.00 $ 0.00 $ 46,731.39
L] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.
L] 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 pro ortioned 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
See Restitution List attached $46,731.39 $46,731.39
TOTALS $ 46,731.39 $ 46,731.39

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).

M1 - The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[1 the interest requirement is waived forthe [J fine (1 restitution.

1 the interest requirement forthe [J fine M restitution is modified as follows: no interest until released from
custody.

* 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 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page 7 of8
AO 245B (Rev. 06/17) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 7 of 7
DEFENDANT: ARIAN ANTHONY BAILEY
CASE NUMBER: 2:23-cr-00214-CDS-BNW-1

SCHEDULE OF PAYMENTS

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

AWM Lump sum payment of $ 46,831.39 due immediately, balance due

O not later than , or
[] inaccordance with C, [J D, QQ) E,or M F below; or

B (J Payment to begin immediately (may be combined with LIC, L1D,or (1 F below); or

C 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 MM Special instructions regarding the payment of criminal monetary penalties:

Any unpaid balance shall be paid at a monthly rate of not less than 10% of any income earned during incarceration
and/or gross income while on supervision, subject to adjustment by the Court based upon ability to pay.

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.

1 Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

L] The defendant shall pay the cost of prosecution.
L]_ The defendant shall pay the following court cost(s):

L] The defendant shall forfeit the defendant’s interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine
interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.
Case 2:23-cr-00214-CDS-BNW Documenti6- Filed 03/26/24 Page 8 of 8

US v. ARIAN ANTHONY BAILEY
2:23-CR-00214-CDS-BNW
RESTITUTION

Total Restitution Owed: $46,731.39

Total owed to Benworth: $20,833
(Loan Number 3233579009)
PAY TO: Benworth Capital Partners LLC

700 Biltmore Way, Suite C-1
Coral Gables, FL 33134

Wire Transfer Instructions:
Benworth Capital Partners LLC PPP Account

Bank: Banesco

3155 NW 77 Avenue
Miami, FL 33122
Account #: 1500110828
Routing #: 067015779

Please list loan number and defendant borrower’s name on wire

Loan Number 4709758804 $20,898.39 + SBA Fee $2,500= $23,398.39

(Fountainhead paid off by SBA)
Loan number 3233579009 SBA Fee 2,500
(Benworth)
Total owed to SBA: $25,998.39
PAY TO: U.S. Small Business Administration
SBA/DFC
721 19th Street
3rd Floor, Room 301
Denver, CO 80202
When sending a check, please reference that this is restitution, case no., and SBA loan

numbers


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