Judgment in a Criminal Case — United States v. Carey Mills (District of Hawaii)

Summary

A judgment in a criminal case in United States v. Carey Mills, Case 1:22-cr-00034-DKW, in the U.S. District Court for the District of Hawaii, filed November 23, 2022 as Document 24. The defendant pleaded guilty to the single-count Information charging wire fraud under 18 U.S.C. § 1343 and is sentenced to 42 months in prison and five years of supervised release, with surrender set before 2:00 p.m. on January 11, 2023. The judgment orders restitution of $937,575.00 to the U.S. Small Business Administration, a $100.00 assessment, and forfeiture of $69,791.77 seized from Title Guaranty Escrow Services, Inc. Special conditions cover substance abuse and mental health treatment and financial disclosure. It records November 22, 2022 as the date of imposition before Chief Judge Derrick K. Watson.

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Case 1:22-cr-00034-DKW Document} R tie APA 4 Page 1 of 8 Pagelp 218.

AO 245B (Rev. at tudor in a Criminal Case UNITED STATES DISTRICT COURT
a a a N y) 49
United States District Court , °° e ual
District of Hawaii &t___o’clock and_<“rmint_N
John A. Mannie, Clerk
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
c AREY MILLS Case Number: 1:22CRO00034-001
USM Number: 01581-510
Neal J. Kugiya

Defendant's Attorney

THE DEFENDANT:

[V] pleaded guilty to count: single-count of the Information.
[] pleaded nolo contendere to counts(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 Wire Fraud 08/2020 1

The defendant is sentenced as provided in pages 2 through _8_ of this judgment. The sentence is imposed
pursuant to the Sentencing Reform Act of 1984.

[] The defendant has been found not guilty on counts(s) ___ and is discharged as to such count(s).
[] Count(s) ____ (is)(are) dismissed on the motion of the United States.

It is further 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 22, 2022
Date of Imposition of Judgment

Signature of Judicial Officer

DERRICK K. WATSON, Chief United States District Judge
Name & Title of Judicial Officer

Date
Case 1:22-cr-00034-DKW Document 24 _ Filed 11/23/22 Page 2of8 PagelD.219

AO 245B (Rev. 6/05) Judgment in a Criminal Case
Sheet 2 - Imprisonment
DEFENDANT: CAREY MILLS Judgment - Page 2 of 8

CASE NUMBER: 1:22CRO0034-001
IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned
for a total term of: FORTY-TWO (42) MONTHS.

[A] The court makes the following recommendations to the Bureau of Prisons:
1. Defendant to be placed at Federal Detention Center, Honolulu (1st choice) or FPC Montgomery (2nd
choice);
2. Defendant to be placed in RDAP - 500 Hour Residential Drug Abuse Program and Substance Abuse
Treatment Program;
3. Defendant to receive mental health assessment and treatment; and
4. Defendant to receive Vocational and Educational Training.

[] 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___on__. '

[ ] as notified by the United States Marshal.

[V] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[VW] before 2:00 p.m. on January 11, 2023.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Officer.

RETURN
| have executed this judgment as follows:
Defendant delivered on to !
at , with a certified copy of this judgment.

UNITED STATES MARSHAL

By

Deputy U.S. Marshal
Case 1:22-cr-00034-DKW Document 24 _ Filed 11/23/22 Page 3of8 PagelD.220
AO 245B (Rev. 2/18) Judgment in a Criminal Case
Sheet 3 - Supervised Release

DEFENDANT: CAREY MILLS Judgment - Page 3 of 8
CASE NUMBER: 1:22CRO0034-001

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: FIVE (5) YEARS.

MANDATORY CONDITIONS

1. You must not commit another federal, state, or local crime.
2: 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
commencement of supervision and at least two periodic drug tests thereafter but no more than 8 valid drug tests per
month during the term of supervision.

[] The above drug testing condition is suspended, based on the court's determination that you poses 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.) ba
[/] You must cooperate in the collection of DNA as directed by the probation officer. (Check if applicable)
[] 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 you reside, work, are a, or were convicted of a qualifying offense. (Check if
applicable)

des [] 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 additional conditions on
the attached page.
Case 1:22-cr-00034-DKW Document 24 _ Filed 11/23/22 Page 4of8 PagelD.221

AO 245B (Rev. 2/18) Judgment in a Criminal Case

Sheet 3A - Supervised Release
DEFENDANT: CAREY MILLS Judgment - Page 4 of 8
CASE NUMBER: 1:22CRO0034-001

STANDARD CONDITIONS OF SUPERVISION

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time you
are released, 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 to
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 the probation officer. Your legitimate invocation of the Fifth Amendment privilege
against self-incrimination in response to a probation officer’s question shall not be considered a violation of this condition.

5. You must live at a place approved by the probation officer. If you plan to change where you live or who lives with you, 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.

6. You must allow the probation officer to visit you at any time reasonable under the circumstances at your home or elsewhere, and you
must permit, to the extent you are able or authorized to do so, the probation officer to take any items prohibited by the conditions of your
supervision that the officer 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 if there are substantial changes to 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. Unless you have received advance permission from the probation officer or the association is required by supervision conditions, you must
not voluntarily and intentionally associate with any person you know is engaged in committing a federal, state, or local crime, not
including traffic offenses, whether the crime is being committed in or outside of your presence. 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.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, as defined in 18 U.S.C. § 921(a)(4), or
dangerous weapon (that is, 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 that you pose a risk to an organization or a person relating to your criminal record or personal history or
characteristics, the probation officer may require, with the court’s approval, that you notify that organization or person (or that person’s
parent, guardian, caretaker, or other individual responsible for the person’s welfare) about the risk, and you must comply with that
instruction. The probation officer may contact the organization or person that you were directed to notify and confirm that you notified
that organization or 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.

Defendants Signature

Date
Case 1:22-cr-00034-DKW Document 24 _ Filed 11/23/22 Page5of8 PagelD.222

AO 245B (Rev. 2/18) Judgment in a Criminal Case

Sheet 3D - Supervised Release

DEFENDANT: CAREY MILLS Judgment - Page 5 of 8
CASE NUMBER: 1:22CRO0034-001

10.

11.

12.

13.

SPECIAL CONDITIONS OF SUPERVISED RELEASE

You must participate in a substance abuse assessment as coordinated by the probation officer. Based on the results of that
assessment, the probation officer may then request that the court order specific substance abuse treatment.

As part of the substance abuse treatment regimen and monitoring, you must submit to substance abuse testing to
determine if you have used a prohibited substance. You must not attempt to obstruct or tamper with the testing methods.

You are prohibited from using marijuana, synthetic marijuana, any products containing tetrahydrocannabinol, or any other
products derived from a marijuana plant, including for medicinal or business purposes, without the prior approval of the
Court.

You must not possess or use alcohol during the term of supervision. You must warn any other resident and/or guest that
you are prohibited from possessing any alcohol in your residence and on your property. You must submit to alcohol testing
at the direction of the probation office.

You must participate in an outpatient mental health treatment program and follow the rules and regulations of that
program. The probation officer, in consultation with the treatment provider, will supervise yayr participation in the program
(such as provider, location, modality, duration, and intensity). You must take all mental health medications, including
psychotropic medications, that are prescribed by your treating physician.

Restitution of $937,575.00, less any amounts paid, is due to: U.S. Small Business Administration/Denver Financial Center,
721 19th Street, Room 301, Denver, CO 80202. Any unpaid balance is to be paid during the period of supervision in
monthly installments of 10% of your gross monthly income, commencing 30 days after the start of supervision. The court
may order that this requirement be changed from time to time as your circumstances warrant, but no court order shall be
required for your voluntary agreement to pay more than the court-ordered amount. Interest is waived. Payments must be
made by payroll deduction, when applicable. You must notify the probation officer of any change in your financial
circumstances that affect your ability to pay. Your financial circumstances must be reviewed by the probation officer on at
least an annual basis.

You must provide the probation officer 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 apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated
or unexpected financial gains to the outstanding court-ordered financial obligation, at the discretion and direction of the
court.

You must not incur new credit charges, or open additional lines of credit, or apply for any loans without the prior approval
of the probation officer. You must not borrow money or take personal loans from any individual without the prior approval
of the probation officer.

You must maintain a single personal bank account, separate and apart from your spouse, any family members or others,
into which all income, financial proceeds, and gains must be deposited and from which all expenses must be paid.

You must provide the probation officer with a signed release authorizing credit checks and an accurate financial statement,
with supporting documentation, as to all of your sources and amounts of income, all of your expenses, and any business
you own, in whole or in part.

You must provide the probation officer with access to any and all business records, financial records, client lists, and other
records, pertaining to the operation of any business you own, in whole or in part, as directed by the probation officer.

If you are self-employed, you must employ a bookkeeper and/or accountant to manage your business records as to income
and expenses, and profits and losses, on a regular basis, at the discretion and direction of the probation officer.
Case 1:22-cr-00034-DKW Document 24 _ Filed 11/23/22 Page6of8 PagelD.223
AO 245B (Rev. 2/18) Judgment in a Criminal Case
Sheet 3D - Supervised Release

DEFENDANT: CAREY MILLS
CASE NUMBER: 1:22CRO0034-001

Judgment - Page 6 of 8

14. You must submit your person, property, house, residence, vehicle, papers, 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 1:22-cr-00034-DKW Document 24 _ Filed 11/23/22 Page 7 of8 PagelD.224

AO 245 B (Rev. 02/18) Judgment in a Criminal Case

Sheet 5 - Criminal Monetary Penalties
DEFENDANT: CAREY MILLS Judgment - Page 7 of 8
CASE NUMBER: 1:22CRO0034-001

CRIMINAL MONETARY PENALTIES

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

Assessment JVTA Assessment* Fine Restitution
Totals: $100.00 $ $ $937,575.00
[] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO245C) will be entered

after such a determination.
[V] 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. 83664(i),
all non-federal victims must be paid before the United States is paid.

Name of Payee Total Loss** Restitution Ordered Priority or Percentage
U.S. Small Business Administration/ $937,575.00

Denver Financial Center
721 19" Street, Room 301
Denver, CO 80202

TOTALS $_ $ 937,575.00

[V] Restitution amount ordered pursuant to plea agreement $ 937,575.00.

[] 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).

[V] 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 the [ ] fine [ VW] restitution

[] the interest requirement for the [|] fine [ ] restitution is modified as follows:

* 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 1:22-cr-00034-DKW Document 24 _ Filed 11/23/22 Page 8of8 PagelD.225

AO 245B (Rev. 02/18) Judgment in a Criminal Case j

Sheet 6 - Schedule of Payments
DEFENDANT: CAREY MILLS Judgment - Page 8 of 8
CASE NUMBER: 1:22CRO0034-001

SCHEDULE OF PAYMENTS

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

A [] Lump sum payment of §$ _ due immediately, balance due
[] not later than _ , or
[] in accordance []C, []D, [1], or [] F below, or
B [V] Payment to begin (may be combined with [1C, [] D, or [/] F below); or
Cc [] Payment in equal _ (e.g., weekly, monthly, quarterly) installments of $ over aperiod of _ fe.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 aperiod of _ (e.g., months or
years), to commence _ {e.g., 30 or 60 days) after the 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 [Vv] Special instructions regarding the payment of criminal monetary penalties:

Restitution of $937,575.00, less any amounts paid, is due to: U.S. Small Business Administration/Denver
Financial Center, 721 19th Street, Room 301, Denver, CO 80202. Any unpaid balance is to be paid during the
period of supervision in monthly installments of 10% of your gross monthly income, commencing 30 days after
the start of supervision. The court may order that this requirement be changed from time to time as your
circumstances warrant, but no court order shall be required for your voluntary agreement to pay more than the
court-ordered amount. Interest is waived. Payments must be made by payroll deduction, when applicable. You
must notify the probation officer of any change in your financial circumstances that affect your ability to pay.
Your financial circumstances must be reviewed by the probation officer on at least an annual basis.

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

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

[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):
[V] The defendant shall forfeit the defendant's interest in the following property to the United States:

$69,791.77 seized from Title Guaranty Escrow Services, Inc. on or about January 3, 2022, from sale proceeds of real
property, located at 15-1544 15" Avenue, Lot 845, Keaau, Hawaii 96749 (Tax map Key No. 3-1-5-42-24).

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.


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