Court should deny the motion

Summary

The government's response opposing James Victor Punelli's request for early release from probation in United States v. James Victor Punelli, Case No. 1:21-cr-224-AJT, (E.D. Va.), filed 03/14/23 as Document 23. It states that on October 19, 2021 Punelli pled guilty to making false statements to FEMA while seeking a contract to supply surgical masks, which FEMA cancelled, and to theft of government funds through false statements to the Small Business Administration to obtain an Economic Injury Disaster Loan, which he repaid around sentencing. It says the Court sentenced him to two years of probation and that he now asks to end it halfway, citing compliance and travel and business needs. The government argues he can seek travel permission and that a two-year term of probation provides just punishment; the response is submitted by Assistant U.S. Attorney Christopher Hood.

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Full text

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
v.
JAMES VICTOR PUNELLI,
Defendant.
Case No. 1:21-cr-224-AJT
RESPONSE IN OPPOSITION TO DEFENDANT’S
REQUEST FOR EARLY RELEASE FROM PROBATION
On October 19, 2021, James Punelli pled guilty to making false statements and theft of
government funds. The former charge relates to false statements Punelli made to the Federal
Emergency Management Agency (“FEMA”) while attempting to secure a lucrative contract to
provide surgical masks. FEMA cancelled its contract with Punelli once it became clear he would
not be able to provide them surgical masks. The second charge stems from false statements Punelli
made to the Small Business Administration which resulted in him fraudulently obtaining an
Economic Injury Disaster Loan (“EIDL”). Punelli paid back the EIDL around the time of
sentencing.
At the sentencing hearing, the United States recommended a term of probation. The Court
agreed and sentenced Punelli to two years of probation. Now, halfway through his term of
probation, Punelli asks the Court to terminate his probation. In support, Punelli notes that he has
complied with the terms of his probation. Punelli also argues that continued probation would
negatively impact his ability to travel internationally and establish new business opportunities. The
Court should deny the motion.
Case 1:21-cr-00224-AJT     Document 23     Filed 03/14/23     Page 1 of 3 PageID# 132

2

The United States commends Punelli for fulfilling his obligations on probation. But he only
incurred these obligations because of his criminal conduct. At sentencing, the Court found the
nature and circumstances of the offenses Punelli committed justified a two-year term of probation.
Nothing in the record suggests that fact has changed. As for travel, defendants routinely ask for—
and receive—permission to travel domestically and internationally. Punelli can do the same.
Because Punelli offers no meaningful justification for his request and because a two-year term of
probation provides just punishment for Punelli’s crimes, the Court should deny the motion.

Respectfully submitted,

Jessica D. Aber
United States Attorney

   By:

Christopher Hood
Assistant United States Attorney
United States Attorney’s Office
Eastern District of Virginia
2100 Jamieson Avenue
Alexandria, Virginia 22314
(703) 838-2639
Christopher.Hood2@usdoj.gov

Case 1:21-cr-00224-AJT     Document 23     Filed 03/14/23     Page 2 of 3 PageID# 133

3

CERTIFICATE OF SERVICE
I hereby certify that on March 14, 2023, I electronically filed the foregoing with the Clerk
of Court using the CM/ECF system, which will send a notification of that electronic filling (NEF)
of the foregoing to the attorney of record for the defendant.

___

Christopher Hood
Assistant United States Attorney

Case 1:21-cr-00224-AJT     Document 23     Filed 03/14/23     Page 3 of 3 PageID# 134

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