Full text
U NITED STATES D ISTRICT C OURT
SOU THERN DISTRICT O F FLORD A
M TAM T DW ISION
UNITED STATES OF AM ERICA
LEONEL RB V RO
JUDGM ENT IN A CRIM INM U CASE
Case Number: 1:21-CR-20160-KMW (1)
USM Number: 35691-509
Counsel for Defendant: M icha.el Perry M irer
Counsel for United States: Christopher Brown
THE DEFENDANT:
IZI pleaded guilty to countts)
'
1
'
pleaded guilty to countts) before a U.S. Magistrate
Jud e, which was acce ted b the coul-t.
.
pleaded nolo contendere to countts) which was
ET
acce ted b the court
EEI was found guilty on cotmtts) after a plea of not guilty
The defendant is adjudicated guilty of these offenses'.
Title & Section / Nature of Offense
18:1343.17 Fraud By W ip, Radio, Or Television
Offense Ended
3/16/2021
Count
1
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.
.
'
è
EEI The defendant has been found not guilty on countts)
Countts) Z is Z are dismissed on the motion Jf the United States
It is ordered that the defendant must notify tlze United States atlorney for this district within 30 days of any change of name,
residence, or mailing address until a11 fmes, restittltion, costs, and special assessments imposed by this judgment are fully paid. If
ordered to pay restitm ion, the defendant must notify the court and United States attonzey of material changes in economic
circumstances.
Novem ber 17. 2021
-
bate of lmposition of Judgment
Signature of J
K ATHT,EEN . W ILLIAM S
UNITED ST TES DISTW CT JIJDG E
Name and Title of udge
'
li l
Date
'
)
$
't1.
%Nk
';
Case 1:21-cr-20160-KMW Document 38 Entered on FLSD Docket 11/19/2021 Page 1 of 7
I
AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
Judgment -- Page 2 of 7
DEFENDAN T'.
LEON EL RIVERO
'
CASE NUMBER:
l:2l-CR-20160-KMW(1)
IM PRISO NM ENT
'I'he defendant is hereby committed to the custody of the United Statçs Bureau of Prisons to be imprisoned for a total term of:
24 months as to count 1.
Z! The court makes the following recommendations to the Bureau of Prisons:
Defendant be designated to FC1 M iami.
Defendant be assessed for Substance Abuse Treatment.
.
Z The defendant is remanded to the Fustody of the United States Marshal.
Z The defendant shall surrender to the United Sta' tes Marshal for this district:
Z at
EZI a.m.
. IZI p.m.
on
(Z) as notified by the United States Marshal.
ZI The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
1/ by 12 p.m. on 1/10/2022 and if not yet dejignated, defendant shall self -surrender to the U.S. Marshals Service in
M iami, Florida W DF Building 400 Nol'th M iami Ave 6th Floor, M iami Florida.
IZI as notified by the United States Marjhal.
.
'
.
EZI gs notified by the Probation pr Pretrial Services Office.
RETURN
l have executed this judgment as follows:
Defendant delivered on
. ,
C
.
. to
'
.
. ' . '
' ) wjtjj a çertitvd COJV Of Zis jtldgmcllt.
at
.
,
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case 1:21-cr-20160-KMW Document 38 Entered on FLSD Docket 11/19/2021 Page 2 of 7
AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
DEFENDANT:
CASE N UM BER:
SUPERVISED R ELEA SE
Upon release from imprisonment, the defendant shall be on supervised release for a tenu of: three (3) years.
LEON:L IUVERO
l:21-CR-20l60-KMW(1)
. Judgltlent - Page 3 of 7
M ANDA TOR Y C ONDITION S
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 imprisonm ent and at least two periodic drug tests thereafter, as determined by the court.
I;I The above drug testipg condition is suspended, based on the court's determination that you pose a low risk of fumre
substance abuse. (check fapplicablej
You must make restitution in accordance with l 8 U.S.C. jj 3663 and 3663A or any other stamte authorizing a sentence
of restitution. (check fapplicable)
R You must cooperate in the collection of DNA as directed by the probation officer. (check fapplicable)
6. EEI You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. j 20901, et
seq.) as directed by the probatlon ofticer, 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 offenje. (check fapplicable)
(Z) You must participate in an approved program for domestic violence. (check fapplicable)
You must comply with the jtandard conditions that have been adopted by this court as well as with any additional
conditions on the attached page.
Case 1:21-cr-20160-KMW Document 38 Entered on FLSD Docket 11/19/2021 Page 3 of 7
AO 2458 (Rtv. FLSD 2/20) Judgment in a Criminal Case
DEFENDANT:
CASE NUM BER:
Judgrflent - Page 4 of 7
LfoxsL mvsRo
1 :21-CR-20160-KMW(1)
STANDARD CONDITIONS OF SUPERVISION
As pal4 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 coul't about, and bring about improvements in your conduct and condition.
l . You must report to the probation oftke in the federaljudicial 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 oftice, you will receive instructions from the court or the probation ofttcer 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 ftrst getting pennission from
the court or the probation oftker.
4. You must answer truthfully the questions asked by your probation oftk er.
5. You must live at a place appwved by the probation oftk er. 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 oftker at least 10 days before the change. lf notifying
the probation oftker in advance is not possible due to upanticipated 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 offiqer 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 yourjob
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation oftker at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation ofticer within 72 hours of
becoming aware of a change or expeqted change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. lf 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 offker.
9. If you are arrested or questioned by a law enforcement oftker, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a fireanu, ammunition, destructive device, or dangerous weapon (i.e., anything that
was designed, or was modified for, the specific purpose of causinj bodily injury or death to another person such as nunchakus or
tasers).
1 1 . You must not act or m ake any agreement with a law enforcement agency to act as a confidential hum an source or informant
without first getting the permission of the court.
12. 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 Ijsk and you must comply with that instruction. The probation officer may contact the
person and continn that you have.notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervïsion.
U .S. Probation O ffice Use O nly
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 additional information regarding these conditions is available at
www.tlsn.uscourts.aov.
Defendant's Signature
Date
Case 1:21-cr-20160-KMW Document 38 Entered on FLSD Docket 11/19/2021 Page 4 of 7
AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
l
DEFEN DANT:
LEONEL RIVERO
CASE NUMBER:
1:21-CR-20160-KMW (l)
Judgment - Page 5 of 7
SPECG L CO NDITIO NS OF SUPERVISION
Financial Disclosure Requirem ent: The defendant shall provide com plete access to snancial inform ation,
including disclosure of all business and persbnal tsnances, to the U.S. Probation Oftker.
No New Debt Restriction: The defendant shall not apply for, solicit or incur any further debt, included but not
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or through
any corporate entity, without first obtaining pennission from the United States Probation Ofticer.
Perm issible Search: The defendant shall subm it to a search of his/her person or property conducted in a
reasonable marmer and at a reasonable tim e by the U .S. Probation Officer.
Self-Em ploym ent Restriction: The defendant shall obtain prior m itten approval from the Cotu't before entering
into any self-employment.
Substance Abuse Treatment: The defendant shall participate in an approved treatment program for drug and/or
alcohpl abuse and abide by al1 supplemental condijions of treatment. Participation may include
inpatient/outpatient treatment. The defendant will contribute to the costs of services rendered (co-payment) based
on ability to pay or availability of third-party paym ent.
Unpaid Restitution, Fines, or Special Assessm ents: lf the defendant has any unpaid nm ount of restitution, fines,
or special assessm ents, the defendant shall notify the probation officer of any m aterial change in the defendant's
econom ic circum stances that m ight affect the defendant's ability to pay.
Case 1:21-cr-20160-KMW Document 38 Entered on FLSD Docket 11/19/2021 Page 5 of 7
A0 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
Judgment - Page 6 of 7
DEFENDANT:
LEONEL RIVERO
CASE NUMBER:
1:21-CR-20160-I(.MW (1)
CRIM INAL M ONETARY PENA LTIES
The defendant must a the total criminal moneta enalties under the schedule of a ments a e.
Assessment
Restitution
Fine
AVAA Assessment*
JVTA Assessm entfr*
TOTALS
$100.00
$1,085,901.56
$.00
'
EEI The detennination of restitution is deferred until
An Amendedludgment in a Criminal Case (AO245C) will be entered
aher such determination.
D The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
lf the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. Howevers pursuant to 18 U.S.C.
j 3664(i), al1 nonfederal victims must be paid before the United States is paid.
(7) Restitution amount ordered pursuant to plea agreement $ '
(EJ The dcfendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before
the fmeenth day after the date of the judjment, pursuant to 18 U.S.C. j 3612(9. All of the payment options on the schedule of
payments page may be subject to penaltles for delinquency and default, pursuant to 1 8 U.S.C. j 3612(g).
EEI . The court determined that the defendant does not have the ability to pay interest and it is ordered that:
(7) the interest requirement is waived for the
E(41 fine
EEI restitution
(/ the interest requirement for the
(II fine
((q restitution is moditied as follows: .
Restitution with lmprisonment - It is further ordered that the defendant shall pay restitution in the amount of $1,085,901.56. During
the period of incarceration, payment shall be made as follbws: (1) if the defendant earns wages in a Federal Prison Industries
IUNICORI job, then the defendant must pay 50% of wages earned toward the fmancial obligations imposed by this Judgment in a
Criminal Case; (2) if the defendant does not work in a UN1CORjob, then the defendant must pay a minimum of $25.00 per quarter
toward the t-mancial obligations imposed in this order, Upon release of incarceration, the defendant shall pay restitution at the rate of
10% of monthly gross earnings, until such time as the court may alter that payment schedule in the interests of justice. The U.S.
Bureau of Prisons, U.S. Probation Office and U.S. Attorney's Oftice shall monitor the payment of restitution and report to the court
any material change in the defendant's ability to pay. These payments do not preclude the goyemm ent from using other assets or
incom e of the defendant to satisfy the restimtion obligations.
'
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. 92259.
## Justice for Victims of Trafticking Act of 2015. 18 U.S.C. j3014.
### Findings for the total amount of losses are required under Chapters 109A, 1 10, 1 IOA, and 1 13A of Title 18 fof offenses committed on or after
September 13, 1994, but before April 23, 1996.
Case 1:21-cr-20160-KMW Document 38 Entered on FLSD Docket 11/19/2021 Page 6 of 7
t
.z
AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case
Judgment -- Ppge 7 of 7
DEFEN DANT'.
LEONEL RIVERO
CASE NUMBER:
1:21-CR-20160-KMW(1)
SCH EDULE OF PAYM ENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetaty penalties is due as follows:
A EI Lump sum payments of $ 100.00 due immediately, balance due
lt is ordered that the Defendant shall pay to the United States a special assessm ent of $100.00 for Count 1, which shall be due
immediately. Said. special assessment shall be paid to the Clerk, U.S. District Court. Paym ent is to be addressed to:
U.S. CLERK'S OFFICE
ATTN: FINANC.IAL SECTION
400 NORTH M IAM I AVENUE, ROOM 8N09
MIAMI, FLURIDA 33128-7716
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. Al1 criminal monetary penalties, except those payments made through the Federal Bureau of Prisons'
lnmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for a11 payments previously made toward any criminal monetary penalties imposed.
L Joint and Several
See above for Defendant and Co-Defendant Names and Case Numbers (includîng defendant number), Total Amotmt, Joint and
Several Amount, and corresponding payee, if appropriate.
X The defendant shall forfeit the defendant's interest in the following property to the United States:
FORFEITURE of the defendant's right, title and interest in certain property is hereby ordered consistent with the plea
agreement and the Amended Preliminary Order of Forfeiture DE 128) filed on 10/18/2021.
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.
Case 1:21-cr-20160-KMW Document 38 Entered on FLSD Docket 11/19/2021 Page 7 of 7