Judgment in a Criminal Case — United States v. April R. Falgoust (Middle District of Louisiana)
Summary
A judgment in a criminal case against April R. Falgoust, Case Number 3:21-CR-00043-SDD-EWD(1), in the United States District Court for the Middle District of Louisiana, entered as Document 31 on January 3, 2022 after sentencing on December 21, 2021. The defendant pleaded guilty to count One of the Bill of Information, wire fraud under 18:1343. The sentence is 18 months in the custody of the Bureau of Prisons and 3 years of supervised release, with financial disclosure, credit and search conditions. The judgment orders restitution of $147,925.69 to SBA/DFC, a $100.00 special assessment and forfeiture of $143,800.00 as the gross proceeds of the offense, and waives the fine and the interest on restitution. It names Shelly D. Dick, United States District Chief Judge.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Judgment in a Criminal Case — United States v. April R. Falgoust (Middle District of Louisiana).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/31-judgment-as-to-april-r-falgoust-1-count-s-1-imprisonment-18-33ea0c4d3c/
, SHA-256 be17fd87f3a56e99a5272e8ab1d1c0bd65c67525c8cac36dec05bccc6ecca98e.Full text
Case 3:21-cr-00043-SDD-EWD Document 31 01/03/22 Page 1 of 7
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
v. §
§ Case Number: 3:21-CR-00043-SDD-EWD(1)
APRIL R. FALGOUST § USM Number: 54850-509
§ John S. McLindon
§ Defendant’s Attorney
THE DEFENDANT:
☒ pleaded guilty to count(s) One of the Bill of Information
pleaded guilty to count(s) before a U.S. Magistrate
☐ Judge, which was accepted by the court.
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
18:1343 / Wire Fraud 04/05/2020 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.
☐ The defendant has been found not guilty on count(s)
☐ Count(s) ☐ is ☐ are dismissed on the motion of the United States
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.
December 21, 2021
Date of Imposition of Judgment
S
Signature of Judge
SHELLY D. DICK
UNITED STATES DISTRICT CHIEF JUDGE
Name and Title of Judge
1/3/2022
Date
Case 3:21-cr-00043-SDD-EWD Document 31 01/03/22 Page 2 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 2 of 7
DEFENDANT: APRIL R. FALGOUST
CASE NUMBER: 3:21-CR-00043-SDD-EWD(1)
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
18 months.
☒ The court makes the following recommendations to the Bureau of Prisons:
It is recommended to the Bureau of Prisons that the defendant be housed in a facility capable of providing her with cognitive
behavioral treatment.
☐ 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.
☒ 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
Case 3:21-cr-00043-SDD-EWD Document 31 01/03/22 Page 3 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 3 of 7
DEFENDANT: APRIL R. FALGOUST
CASE NUMBER: 3:21-CR-00043-SDD-EWD(1)
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: 3 years.
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)
The defendant 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 3:21-cr-00043-SDD-EWD Document 31 01/03/22 Page 4 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 4 of 7
DEFENDANT: APRIL R. FALGOUST
CASE NUMBER: 3:21-CR-00043-SDD-EWD(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, or if placed on probation, within 72 hours of the time you were sentenced, 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 supervision that the probation 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 anything about your work (such as the position or 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.
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. I understand additional information regarding these
conditions is available at the www.uscourts.gov.
Defendant’s Signature Date
Case 3:21-cr-00043-SDD-EWD Document 31 01/03/22 Page 5 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 5 of 7
DEFENDANT: APRIL R. FALGOUST
CASE NUMBER: 3:21-CR-00043-SDD-EWD(1)
SPECIAL CONDITIONS OF SUPERVISION
You must provide the probation officer with 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 not incur new credit charges, or open additional lines of credit, without the approval of the probation
officer.
If the judgment imposes a financial penalty, you must pay the financial penalty in accordance with the Schedule
of Payments sheet of the judgment. You must also notify the court, through the probation officer, of any changes
in economic circumstances that might affect the ability to pay this financial penalty.
You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. §
1030(e)(l)), 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.
Case 3:21-cr-00043-SDD-EWD Document 31 01/03/22 Page 6 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 6 of 7
DEFENDANT: APRIL R. FALGOUST
CASE NUMBER: 3:21-CR-00043-SDD-EWD(1)
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 $147,925.69 Waived N/A N/A
☐ The determination of restitution is deferred until An Amended Judgment in a Criminal Case (AO245C) 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. However, pursuant to 18 U.S.C.
§ 3664(i), all nonfederal victims must be paid before the United States is paid.
Restitution of $147,925.69 to:
SBA/DFC (SBA Loan # 2536887901) $96,499.18
721 19th Street
3rd Floor, Room 301
Denver, CO 80202
SBA/DFC (SBA Loan # 9599217800) $51,426.51
721 19th Street
3rd Floor, Room 301
Denver, CO 80202
☐ 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 the ☐ fine ☒ restitution
☐ the interest requirement for the ☐ 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.
Case 3:21-cr-00043-SDD-EWD Document 31 01/03/22 Page 7 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 7 of 7
DEFENDANT: APRIL R. FALGOUST
CASE NUMBER: 3:21-CR-00043-SDD-EWD(1)
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A ☐ Lump sum payments of $ due immediately, balance due
☐ not later than , or
☐ in accordance ☐ 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 (e.g., weekly, monthly, quarterly) installments of $ over a period 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 20 (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 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:
It is ordered that the Defendant shall pay to the United States a special assessment of $100.00, which shall be due
immediately. Said special assessment shall be paid to the Clerk, U.S. District Court.
The restitution shall be due immediately, but nonpayment is not a violation of supervised release so long as the
defendant makes the required monthly payments during supervision. Upon release from incarceration, any unpaid
restitution balance shall be paid at a monthly rate to be determined by the Court. Such payments shall begin within
60 days after release from imprisonment.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during 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
See above for Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and
Several Amount, and corresponding payee, if appropriate.
☐ 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:
Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the defendant shall forfeit to the United States, all property, real
and personal, that constitutes or is derived from proceeds traceable to the violation, including but not limited to a sum of money
equal to the amount of proceeds of the offense, including but not limited to a forfeiture money judgement in the amount of
$143,800.00, representing the amount of the gross proceeds of the offense.
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.
File and source
- File
- 31-judgment-as-to-april-r-falgoust-1-count-s-1-imprisonment-18-.pdf
- Size
- 210,637 bytes
- SHA-256
- be17fd87f3a56e99a5272e8ab1d1c0bd65c67525c8cac36dec05bccc6ecca98e
- Original
- No public link identified.