Judgment in a Criminal Case — United States v. Willie Carter (District of New Jersey)
Summary
A judgment in a criminal case in United States v. Willie Carter, Case Number 1:22-CR-00744-RMB-1, in the U.S. District Court for the District of New Jersey, filed November 7, 2023 as Document 30. The defendant pleaded guilty on 11/8/2022 to Count One of the Information, wire fraud under 18 U.S.C. §§ 1343 and 2, and is committed to the Bureau of Prisons for 21 months, followed by 3 years of supervised release. The judgment orders a $100.00 special assessment and restitution of $469,582.00, including $378,812.00 to the Employment Development Department and $50,590.00 to the New Jersey Department of Labor. Special conditions cover drug testing and treatment, financial disclosure, mental health treatment and new debt restrictions. It names Chief U.S. District Judge Renée Marie Bumb.
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“Judgment in a Criminal Case — United States v. Willie Carter (District of New Jersey).”
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Case 1:22-cr-00744-RMB Document 30 _ Filed 11/07/23 Page 1 of 7 PagelD: 210 AO 245B (Mod. D/NJ 12/06) Sheet 1 - Judgment in a Criminal Case UNITED STATES DISTRICT COURT District of New Jersey UNITED STATES OF AMERICA V. CASE NUMBER _ 1:22-CR-00744-RMB-1 WILLIE CARTER Defendant. JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987) The defendant, WILLIE CARTER, was represented by CHRISTOPHER H. O'MALLEY, AFPD. The defendant pleaded guilty to Count One of the INFORMATION on 11/8/2022. Accordingly, the court has adjudicated that the defendant is guilty of the following offense(s): Count Title & Section Nature of Offense Date of Offense Number(s) 18 U.S.C. §§ Wire Fraud On or about August 1 1343 and 2 30, 2020 As pronounced on November 07, 2023, 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. It is ordered that the defendant must pay to the United States a special assessment of $100.00 for Count One, which shall be due immediately. Said special assessment shall be made payable to the Clerk, U.S. District Court. 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 any material change in economic circumstances. Signed this 7th day of November, 2023. . os Renée Marie Bumb Chief U.S. District Judge 08066 Case 1:22-cr-00744-RMB Document 30 Filed 11/07/23 Page 2 of 7 PagelD: 211 AO 2458 (Mod. D/NJ 12/06) Sheet 2 - Imprisonment Judgment - Page 2 of 7 Defendant: WILLIE CARTER Case Number: 1:22-CR-00744-RMB-1 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 21 months. The Court makes the following recommendations to the Bureau of Prisons: 1. The defendant be designated to a facility for service of this sentence as near as possible to the defendant’s home address in New Jersey. 2. The defendant will surrender for service of sentence at the institution designated by, and on a date set by, the Bureau of Prisons after January 2, 2024. RETURN | have executed this Judgment as follows: Defendant delivered on To At , with a certified copy of this Judgment. United States Marshal By Deputy Marshal Case 1:22-cr-00744-RMB Document 30 Filed 11/07/23 Page 3 of 7 PagelD: 212 AO 2458 (Mod. D/NJ 12/06) Sheet 3 - Supervised Release Judgment - Page 3 of 7 Defendant: WILLIE CARTER Case Number: 1:22-CR-00744-RMB-1 SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of 3 years. Within 72 hours of release from custody of the Bureau of Prisons, you must report in person to the Probation Office in the district to which you are released. While on supervised release, you must not commit another federal, state, or local crime, must refrain from any unlawful use of a controlled substance and must comply with the mandatory and standard conditions that have been adopted by this court as set forth below. You must submit to one drug test within 15 days of commencement of supervised release and at least two tests thereafter as determined by the probation officer. You must cooperate in the collection of DNA as directed by the probation officer If this judgment imposes a fine, special assessment, costs, or restitution obligation, it is a condition of supervised release that you pay any such fine, assessments, costs, and restitution that remains unpaid at the commencement of the term of supervised release. You must comply with the following special conditions: DRUG TESTING AND TREATMENT You must refrain from the illegal possession and use of drugs, including prescription medication not prescribed in your name, and must submit to urinalysis or other forms of testing to ensure compliance. It is further ordered that you must submit to evaluation and treatment, on an outpatient or inpatient basis, as approved by the U.S. Probation Office. You must abide by the rules of any program and must remain in treatment until satisfactorily discharged by the Court. You must alert all medical professionals of any prior substance abuse history, including any prior history of prescription drug abuse. The U.S. Probation Office will supervise your compliance with this condition. FINANCIAL DISCLOSURE Upon request, you must provide the U.S. Probation Office with full disclosure of your financial records, including co- mingled income, expenses, assets and liabilities, to include yearly income tax returns. With the exception of the financial accounts reported and noted within the presentence report, you are prohibited from maintaining and/or opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or business purposes, without the knowledge and approval of the U.S. Probation Office. You must cooperate with the U.S. Probation Officer in the investigation of your financial dealings and must provide truthful monthly statements of your income. You must cooperate in the signing of any authorization to release information forms permitting the U.S. Probation Office access to your financial records. MENTAL HEALTH TREATMENT You must undergo treatment in a mental health program approved by the U.S. Probation Office until discharged by the Court. As necessary, said treatment may also encompass treatment for gambling, domestic violence and/or anger management, or sex offense-specific treatment, as approved by the U.S. Probation Office, until discharged by the Court. The U.S. Probation Office will supervise your compliance with this condition. NEW DEBT RESTRICTIONS You are prohibited from incurring any new credit charges, opening additional lines of credit, or incurring any new monetary loan, obligation, or debt, by whatever name known, without the approval of the U.S. Probation Office. You must not encumber or liquidate interest in any assets unless it is in direct service of the fine and/or restitution obligation or otherwise has the expressed approval of the Court. Case 1:22-cr-00744-RMB Document 30 Filed 11/07/23 Page 4 of 7 PagelD: 213 AO 2458 (Mod. D/NJ 12/06) Sheet 3 - Supervised Release Judgment - Page 4 of 7 Defendant: WILLIE CARTER Case Number: 1:22-CR-00744-RMB-1 CONSENT TO SEARCH 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. LIFE SKILLS/EDUCATION As directed by the U.S. Probation Office, you must participate in and complete any educational, vocational, cognitive or any other enrichment programs offered by the U.S. Probation Office or any outside agency or establishment while under supervision. AO 245B (Mod. D/NJ 12/06) Sheet 3a - Supervised Release Judgment - Page 5 of 7 Defendant: WILLIE CARTER Case Number: 1:22-CR-00744-RMB-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 fulltime 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 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. Case 1:22-cr-00744-RMB Document 30 Filed 11/07/23 Page 6 of 7 PagelD: 215 AO 245B (Mod. D/NJ 12/06) Sheet 3a - Supervised Reiease Judgment - Page 6 of 7 Defendant: WILLIE CARTER Case Number: 1:22-CR-00744-RMB-1 STANDARD CONDITIONS OF SUPERVISION 13) You must follow the instructions of the probation officer related to the conditions of supervision. Upon a finding of a violation of probation or supervised release, | understand that the Court may (1) revoke supervision or (2) extend the term of supervision and/or modify the conditions of supervision. These conditions have been read to me. | fully understand the conditions, and have been provided a copy of them. You shall carry out all rules, in addition to the above, as prescribed by the Chief U.S. Probation Officer, or any of his associate Probation Officers. (Signed) Defendant Date U.S. Probation Officer/Designated Witness Date Case 1:22-cr-00744-RMB Document 30 _ Filed 11/07/23 Page 7 of 7 PagelD: 216 AO 245B (Mod. D/NJ 12/06) Sheet 6 - Restitution and Forfeiture Judgment - Page 7 of 7 Defendant: WILLIE CARTER Case Number: 1:22-CR-00744-RMB-1 RESTITUTION AND FORFEITURE RESTITUTION The defendant shail make restitution in the amount of $469,582.00. Payments should be made payable to the U.S. Treasury and mailed to Clerk, U.S.D.C., 402 East State Street, Rm 2020, Trenton, New Jersey 08608, for proportionate distribution to the following victims in the following amounts: Name of Payee (Victim) Amount of Restitution Employment Development Department $378,812.00 800 Capital Mall Sacramento, CA 95814 Attn: Rick Stewart New Jersey Department of Labor $50,590.00 1 John Fitch Plaza Attn: Greg Castellani P.O. Box 058 Trenton, NJ 08625 Department of Economic Security Unemployment Insurance $20,427.00 Administration P.O. Box 29225 Phoenix, Arizona 85038 Colorado Department of Labor and Employment $12,236.00 Attn: Investigation and Criminal Enforcement (ICE) Unit - Joyce Daniels 251 E. 12th Avenue Denver, Colorado 80203-2237 TWC $7,427.00 Revenue and Trust Management P.O. Box 149352 Austin, TX 78714 The restitution is due immediately. It is recommended that the defendant participate in the Bureau of Prisons Inmate Financial Responsibility Program (IFRP). If the defendant participates in the IFRP, the restitution shall be paid from those funds at a rate equivalent to $25 every 3 months. In the event the entire restitution is not paid prior to the commencement of supervision, the defendant shall satisfy the amount due in monthly installments of no less than $100.00, to commence 30 days after release from confinement. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. Ali criminal monetary penaities, except those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the clerk of the court. 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.
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