Judgment in a Criminal Case — United States v. Harold Bennie Kaeding (District of Minnesota)

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A judgment in a criminal case against Harold Bennie Kaeding, Case Number 0:21-CR-00169-ECT-JFD(1), in the United States District Court for the District of Minnesota, filed November 18, 2024 as Doc. 324. After a plea of not guilty, the defendant was found guilty on counts 1, 2, 3, 4, 5, 6 and 7 of the Superseding Indictment: wire fraud (18:1343), aggravated identity theft (18:1028A(a)(1)) and money laundering (18:1957). The court imposes 63 months on Counts 1, 2, 3 and 7, run concurrently, and 24 months on Counts 4, 5 and 6, run consecutive to those terms, then 3 years of supervised release. It orders restitution of $658,490.00 to the Small Business Administration, a $700.00 special assessment and forfeiture of the property in the Preliminary Order of Forfeiture [ECF No. 314]. It is signed by Eric C. Tostrud, United States District Judge.

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CASE 0:21-cr-00169-ECT-JFD Doc. 324 Filed 11/18/24 Page 1 of 7
AO 245B (Rev. 11/16) Sheet 1 - Judgment in a Criminal Case

UNITED STATES DISTRICT COURT
District of Minnesota

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

v.
Case Number: 0:21-CR-00169-ECT-JFD(1)
HAROLD BENNIE KAEDING USM Number: 02568-506

Karen E. Mohrlant and Lee R. Johnson
Defendant’s Attorneys

THE DEFENDANT:
☐ pleaded guilty to count(s)
☐ pleaded nolo contendere to count(s) which was accepted by the court
☒ was found guilty on counts 1, 2, 3, 4, 5, 6 and 7 after a plea of not guilty of the Superseding Indictment.

The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense Offense Ended Count
18:1343 WIRE FRAUD 05/21/2020 1s
18:1343 WIRE FRAUD 05/21/2020 2s
18:1343 WIRE FRAUD 05/21/2020 3
18:1028A(a)(1) AGGRAVATED IDENTITY THEFT 05/21/2020 4
18:1028A(a)(1) AGGRAVATED IDENTITY THEFT 05/21/2020 5
18:1028A(a)(1) AGGRAVATED IDENTITY THEFT 05/21/2020 6
18:1957 MONEY LAUNDERING 05/21/2020 7

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.

November 15, 2024
Date of Imposition of Judgment

s/ Eric C. Tostrud
Signature of Judge

ERIC C. TOSTRUD
UNITED STATES DISTRICT JUDGE
Name and Title of Judge

November 18, 2024
Date

1
CASE 0:21-cr-00169-ECT-JFD Doc. 324 Filed 11/18/24 Page 2 of 7
AO 245B (Rev. 11/16) Sheet 2 - Imprisonment
DEFENDANT: HAROLD BENNIE KAEDING
CASE NUMBER: 0:21-CR-00169-ECT-JFD(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:

63 months as to Count 1, 63 months as to Count 2, 63 months as to Count 3, and 63 months as to Count 7, said terms to run
concurrent. 24 months as to Count 4, 24 months as to Count 5, and 24 months as to Count 6, said terms to run concurrent to
each other and consecutive to the term imposed in Counts 1, 2, 3, and 7.

☒ The court makes the following recommendations to the Bureau of Prisons:
 That the defendant be designated to FMC Rochester for his healthcare needs and to be close to family.

☒ 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.

☐ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

☐ before 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

2
CASE 0:21-cr-00169-ECT-JFD Doc. 324 Filed 11/18/24 Page 3 of 7
AO 245B (Rev. 11/16) Sheet 3 – Supervised Release
DEFENDANT: HAROLD BENNIE KAEDING
CASE NUMBER: 0:21-CR-00169-ECT-JFD(1)

SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: 3 years, which consists of 3 years on
Counts 1, 2, 3, and 7, and 1 year on Counts 4, 5, and 6, to be served concurrently.

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 which
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.

3
CASE 0:21-cr-00169-ECT-JFD Doc. 324 Filed 11/18/24 Page 4 of 7
AO 245B (Rev. 11/16) Sheet 3A – Supervised Release
DEFENDANT: HAROLD BENNIE KAEDING
CASE NUMBER: 0:21-CR-00169-ECT-JFD(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 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 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. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at www.uscourts.gov.

Defendant's Signature __________________________________________________ Date ______________________

Probation Officer's Signature ____________________________________________ Date ______________________

4
CASE 0:21-cr-00169-ECT-JFD Doc. 324 Filed 11/18/24 Page 5 of 7
AO 245B (Rev. 11/16) Sheet 3D – Supervised Release
DEFENDANT: HAROLD BENNIE KAEDING
CASE NUMBER: 0:21-CR-00169-ECT-JFD(1)

SPECIAL CONDITIONS OF SUPERVISION
a. You shall participate in a mental health evaluation. If treatment is recommended, you shall participate in an approved
treatment program and abide by all supplemental conditions of treatment to include medication as prescribed. Participation
may include inpatient/outpatient treatment.
b. You shall submit your person, residence, office, vehicle, or an area under your control to a search conducted by a United
States Probation Officer or supervised designee, at a reasonable time and in a reasonable manner, based upon reasonable
suspicion of contraband or evidence of a supervision violation. You shall warn any other residents or third parties that the
premises and areas under your control may be subject to searches pursuant to this condition.
c. You shall provide the probation officer access to any requested financial information, including credit reports, credit card
bills, bank statements, and telephone bills.
d. You shall be prohibited from incurring new credit charges or opening additional lines of credit without approval of the
probation officer.
e. You shall not hold employment with fiduciary responsibilities without prior approval from the probation officer.
f. You shall be prohibited from possessing or having access to sensitive personal identifiers, including, but not limited to, credit
card information; social security numbers; or business or personal account information or routing numbers, without prior
approval from the probation officer.

5
CASE 0:21-cr-00169-ECT-JFD Doc. 324 Filed 11/18/24 Page 6 of 7
AO 245B (Rev. 11/16) Sheet 5 – Criminal Monetary Penalties
DEFENDANT: HAROLD BENNIE KAEDING
CASE NUMBER: 0:21-CR-00169-ECT-JFD(1)

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $700.00 $658,490.00 $.00 $.00 $.00

☐ 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 $658,490.00 to:

SMALL BUSINESS ADMINISTRATION
PAYMENTSERVICES@SBA.GOV
(303) 844-7998
IPAC
DENVER, CO 80201

Payments are to be made to the Clerk, U.S. District Court, for disbursement to the victim.

☐ 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 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

6
CASE 0:21-cr-00169-ECT-JFD Doc. 324 Filed 11/18/24 Page 7 of 7
AO 245B (Rev. 11/16) Sheet 6 – Schedule of Payments
DEFENDANT: HAROLD BENNIE KAEDING
CASE NUMBER: 0:21-CR-00169-ECT-JFD(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 $ 658,490.00 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:
If the defendant cannot satisfy restitution immediately, over the period of incarceration, the defendant shall
make payments of either quarterly installments of a minimum of $25 if working non-UNICOR or a minimum of
50 percent of monthly earnings if working UNICOR. It is recommended the defendant participate in the Inmate
Financial Responsibility Program while incarcerated. Upon release from custody and while on supervised
release, payments of not less than $100 per month are to be made over a period of 3 years.

The defendant's obligation to pay the full amount of restitution continues even after the term of supervision has
ended, pursuant to federal law. See 18 U.S.C. § 3613. If the defendant is unable to pay the full amount of
restitution at the time supervision ends, the defendant may work with the U.S. Attorney's Office Financial
Litigation Unit to arrange a restitution payment plan.

It is ordered that the Defendant shall pay to the United States a special assessment of $700.00 for Counts 1, 2, 3,
4, 5, 6 and 7, which shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District
Court.

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
Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount 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:
The property listed in the Preliminary Order of Forfeiture [ECF No. 314] is forfeited.

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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