Judgment in a Criminal Case — United States v. Nariman Mahmoud Masoud (District of South Carolina)
Summary
A judgment in a criminal case in United States v. Nariman Mahmoud Masoud, Case Number 4:22-cr-00140-JD-1, in the U.S. District Court for the District of South Carolina, filed June 8, 2023 as Entry Number 240. The defendant pleaded guilty on December 8, 2022 to Count 1 of the Superseding Indictment under 18:USC 1343 &1349, and other counts were dismissed on the government's motion. The court imposes twelve months and one day in prison and two years of supervised release. Restitution of $454,074.00 is joint and several with Marvet Masoud, Mohammad Ribhi Farraj and Susan Masoud, plus $150,000.00 to the Small Business Administration, for a total of $604,074.00. An attached forfeiture order dated April 5, 2023 orders forfeiture of $604,074.00; the judgment is signed s/ Joseph Dawson, III.
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“Judgment in a Criminal Case — United States v. Nariman Mahmoud Masoud (District of South Carolina).”
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4:22-cr-00140-JD Date Filed 06/08/23 Entry Number 240 Page 1 of 11
‘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-00140-JD-1
Nariman Mahmoud Masoud ) USM Number: 89312-509
)
) Wallace H Jordan Jr., Retained
) Defendant’s Attorney
THE DEFENDANT:
pleaded guilty Count (1) of the Superseding Indictment on December 8, 2022, with written plea agreement
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:USC 1343 &1349 See Superseding indictment 07/26/2022 1s
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) 1-17 of the indictment and 2-16 of is are dismissed on the motion of the United States.
Superseding indictment
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.
June 6, 2023
Date of Imposition of Judgment
s/ Joseph Dawson, III
Signature of Judge
Hon. Joseph Dawson, III, United States District Judge
Name and Title of Judge
June 7, 2023
Date
4:22-cr-00140-JD Date Filed 06/08/23 Entry Number 240 Page 2 of 11
AO 245B (SCDC Rev. 10/20) Judgment in Criminal Case
Sheet 2 — Imprisonment
Judgment — Page 2 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00140-JD-1, Nariman Mahmoud Masoud
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, Nariman Mahmoud Masoud, is hereby
committed to the custody of the Bureau of Prisons to be imprisoned for a term of twelve (12) months and one (1) day.
It is further ordered that the defendant shall pay restitution in the amount of $454,074.00. Restitution is joint and several
with co defendants, Marvet Masoud, Mohammad Ribhi Farraj and Susan Masoud.
Additionally, defendant is ordered to pay restitution in the amount of $150,000.00 to the Small Business Administration.
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:
before 2 p.m. on .
as notified by the United States Marshal and/or
as notified by the Probation or Pretrial Services Office.
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-00140-JD Date Filed 06/08/23 Entry Number 240 Page 3 of 11
AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3 — Supervised Release
Judgment—Page 3 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00591-JD, Nariman Mahmoud Masoud
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of Two (2) 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 paragraphs 98 and 100 of the
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 ay potentially conflict with the other conditions of supervision and that may pose risks to the defendant’s probation officer.
The defendant shall also comply with the following special conditions 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. The defendant shall pay any unpaid restitution at a monthly rate of $200, beginning 30 days after sentencing. 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.
2. The defendant shall not open additional lines of credit without the approval of the U.S. Probation Office.
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-00140-JD Date Filed 06/08/23 Entry Number 240 Page 4 of 11
AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3A — Supervised Release
Judgment—Page 4 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00140-JD-1, Nariman Mahmoud Masoud
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-00140-JD Date Filed 06/08/23 Entry Number 240 Page 5 of 11
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-00140-JD-1, Nariman Mahmoud Masoud
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 $ 604,074.00 $ $ $
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
SEE RESTITUTION
PAYEE SHEET
TOTALS $ 604, 074.00 $ 604,074.00
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-00140-JD Date Filed 06/08/23 Entry Number 240 Page 6 of 11
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-00140-JD-1, Nariman Mahmoud Masoud
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
And $604,074.00 (restitution)
A Lump sum payment of $ 100.00 special assessment 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 installments 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 installments of $ 200.00
to commence 30 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 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 4:22cr140-JD
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
Mohammad Ribhi Farraj (1), co Defendant $604,074 $604,074
Nariman Mahmoud Masoud(2) defendant $604,074 $604,074
Marvet Masoud (3) co defendant $454,074 $454,074
$454,074 $454,074
Susan Masoud (4) co defendant
The defendant shall pay the cost of prosecution.
The defendant shall pay the following court cost(s):
The defendant shall forfeit the defendant’s interest in the following property to the United States:
As directed in the Preliminary Order of Forfeiture, filed __4/5/23__________ and the said order is incorporated herein as part of this
judgment.
4:22-cr-00140-JD Date Filed 06/08/23 Entry Number 240 Page 7 of 11
4:22-cr-00140-JD Date Filed 06/08/23 Entry Number 240 Page 8 of 11
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
UNITED STATES OF AMERICA ) CRIMINAL NO.: 4:22-cr-00140-JD-2
)
v. )
)
NARIMAN MAHMOUD MASOUD )
PRELIMINARY ORDER OF FORFEITURE
AS TO NARIMAN MAHMOUD MASOUD
This matter is before the court on the motion of the United States for a Preliminary
Order of Forfeiture as to Defendant Nariman Mahmoud Masoud, (“Masoud”,
“Defendant”), based upon the following:
1. On July 26, 2022, a Superseding Indictment, (“Indictment”) was filed
charging Masoud with:
Count 1: Conspiracy to commit wire fraud related to the
fraudulent application for, and receipt of,
Unemployment Insurance benefits in New York,
Florida, and South Carolina, in violation of 18
U.S.C. §§1343 and 1349;
Counts 2-11: Wire fraud related to the fraudulent application for, and
receipt of, Unemployment Insurance benefits in New
York, Florida, and South Carolina, in violation of 18
U.S.C. §1343;
Counts 12-15: Aggravated identity theft, in violation of 18 U.S.C.
§§1028A(a)(1) and 2;
Count 16: Wire fraud related to the fraudulent application for, and
receipt of, Small Business Administration Economic
Injury Disaster Funds, in violation of 18 U.S.C. § 1343.
2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a forfeiture
Order, p. 1 of 4
4:22-cr-00140-JD Date Filed 06/08/23 Entry Number 240 Page 9 of 11
allegation providing that, upon Masoud’s conviction, certain properties enumerated
therein, or equivalent substitute assets, would be subject to forfeiture to the United
States. As specified therein, such assets include, but are not limited to, the following
Cash Proceeds/Forfeiture Judgment:1
A sum of money equal to all proceeds the Defendants obtained
directly or indirectly as the result of the offenses charged in this
Superseding Indictment, and all interest and proceeds traceable
thereto, and/or that such sum equals all property derived from or
traceable to their violations of 18 U.S.C. §§ 1343 and 1349.
3. On November 30, 2022, Nariman Masoud signed a plea agreement,
agreeing to forfeiture, and on December 8, 2022, she pled guilty to Count 1 of the
Superseding Indictment.
4. Based upon Defendant’s conviction, the court has determined that the
government has established the requisite nexus between the amount of proceeds and
the offense for which Masoud has been convicted; therefore, the United States is entitled
to a preliminary order of forfeiture, subject to the provisions of 21 U.S.C. § 853 governing
third party rights. The court has determined that the property described above is subject
to forfeiture, pursuant to 18 U.S.C. § § 981(a)(1)(C) and 982(a)(1) and 28 U.S.C.
§ 2461(c). Therefore, it is ORDERED that all property, real or personal, which
constitutes or is derived from proceeds traceable to Defendant’s violations of Title 18,
United States Code, Sections 1343 and 1349 are forfeited to the United States.
5. The Court further finds that one or more of the conditions set forth in Title
1
The government is pursuing a forfeiture judgment against the defendant in the amount
of $604,074.00.
Order, p. 2 of 4
4:22-cr-00140-JD Date Filed 06/08/23 Entry Number 240 Page 10 of 11
21, United States Code, Section 853(p), exists.
6. It is, therefore, ORDERED that the United States is entitled to forfeit
substitute assets equal to the value of the proceeds obtained by Defendant Masoud as a
result of her violations of Title 18, United States Code, Sections 1343 and 1349, and that
such substitute assets shall not exceed the value of the proceeds Defendant Masoud
obtained of $604,074.00.
Accordingly, it is hereby ORDERED,
1. The below-described property, and all right, title, and interest of the
Defendant, Nariman Mahmoud Masoud, in and to such property, is hereby forfeited to
the United States of America, for disposition in accordance with law, subject to the rights
of third parties in such property under 21 U.S.C. § 853(n).
2. FORFEITURE IS ORDERED against Nariman Masoud and in favor of the
United States in the amount of $604,074.00, along with appropriate costs and interest
thereon at the rate provided for in 28 U.S.C. § 1961. The United States may at any time
move pursuant to Rule 32.2(e) to amend this Order to substitute property to satisfy the
judgment.
3. The United States may sell or otherwise dispose of any substitute assets in
accordance with law as required to satisfy the above imposed judgment.
4. Upon entry of this Order, the Government is further authorized to conduct
discovery to identify or locate other substitute assets, in accordance with Fed. R. Crim.
P. 32.2(b)(3); and to commence proceedings that comply with statutes governing third
party rights, if applicable.
Order, p. 3 of 4
4:22-cr-00140-JD Date Filed 06/08/23 Entry Number 240 Page 11 of 11
5. The government is not required to publish notice regarding the judgment
against Defendant; however, the Order shall be recorded in the records of the County
Clerk’s Office in the County of the debtor’s residence, place of business, and any and all
other counties in which the debtor has either real or personal property, as a lien thereon.
6. Upon entry of the criminal judgment, this Order becomes final as to
Defendant and shall be made a part of the sentence and included in the criminal
judgment.
7. The court shall retain jurisdiction to enforce this Order and to amend it as
necessary, pursuant to Fed. R. Crim. P. 32.2(e).
8. The Clerk, United States District Court, shall provide one (1) certified copy
of this Order to the United States Attorney’s Office.
AND IT IS SO ORDERED.
April 5, 2023
Florence, South Carolina
Order, p. 4 of 4
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