Judgment in a Criminal Case — United States v. Anthony Harley (District of South Carolina)
Summary
A judgment in a criminal case against Anthony Harley, Case Number 2:23-CR-00329-RMG-3, in the United States District Court for the District of South Carolina, imposed June 12, 2024 and filed June 14, 2024 as Entry Number 334. The defendant pleaded guilty to Counts 6 and 7, each under 18:1343 and 2, and Count 1 is dismissed on the motion of the United States. The court imposes twenty-four (24) months on each count, run concurrently and consecutive to State Court sentences in Docket Nos. 15-GS-10-4636 and 15-GS-10-4679, plus three (3) years of supervised release. Restitution of $286,272.05 is joint and several with the codefendants, and the judgment adds a $200.00 special assessment and forfeiture under the Preliminary Order of Forfeiture filed 3/12/2024. Richard M. Gergel, U.S. District Judge, signs it.
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“Judgment in a Criminal Case — United States v. Anthony Harley (District of South Carolina).”
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2:23-cr-00329-RMG Date Filed 06/14/24 Entry Number 334 Page 1 of 6
AO 245C (SCDC Rev. 10/20) Judgment in a Criminal Case
UNITED STATES DISTRICT COURT
District of South Carolina
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
vs. CASE NUMBER: 2:23-CR-00329-RMG-3
ANTHONY HARLEY USM Number: 58377-510
Christopher Murphy, CJA
Defendant=s Attorney
THE DEFENDANT:
O pleaded guilty to Counts 6 and 7.
G pleaded nolo contendere to count(s) which was accepted by the court.
G 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 and 2 Please see Indictment 4/27/21 6
18:1343 and 2 Please see Indictment 5/26/21 7
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.
G The defendant has been found not guilty on count(s) .
O Count 1 is dismissed on the motion of the United States.
G 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 any material changes in economic
circumstances.
June 12, 2024
Date of Imposition of Judgment
s/Richard M. Gergel
Signature of Judge
RICHARD M. GERGEL, U.S. DISTRICT JUDGE
Name and Title of Judge
June 14, 2024
Date
2:23-cr-00329-RMG Date Filed 06/14/24 Entry Number 334 Page 2 of 6
AO 245C (SCDC Rev. .10/20) Judgment in a Criminal Case
Sheet 2 - Imprisonment Page 2
DEFENDANT: ANTHONY HARLEY
CASE NUMBER: 2:23-CR-00329-RMG-3
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total
term of twenty-four (24) months. Said term consisting of 24 months imprisonment as to each of Counts 6 and 7,
to run concurrently. Said term to run consecutively to State Court sentences he is presently serving in Docket
Nos. 15-GS-10-4636 and 15-GS-10-4679. The defendant shall pay a $200.00 special assessment fee and
restitution in the amount of $286,272.05, due beginning immediately. Restitution is joint and several with the
codefendants in this case.
O The court makes the following recommendations to the Bureau of Prisons: The defendant shall be
designated to FCI Bennettsville to facilitate family visitation and shall be screened for participation in the BOP
Residential Drug Abuse Program (RDAP).
O The defendant is remanded to the custody of the United States Marshal.
G The defendant shall surrender to the United States Marshal for this district:
G at G a.m. G p.m. on .
G as notified by the United States Marshal.
G The defendant shall surrender for service of sentence at the institution designated by the Bureau of
Prisons:
G before 2 p.m. on .
G as notified by the United States Marshal.
G 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
2:23-cr-00329-RMG Date Filed 06/14/24 Entry Number 334 Page 3 of 6
AO 245C (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3 - Supervised Release Page 3
DEFENDANT: ANTHONY HARLEY
CASE NUMBER: 2:23-CR-00329-RMG-3
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3)
years. Said term consisting of 3 years supervised release as to each of Counts 6 and 7, to run concurrently.
While on supervised release, the defendant shall comply with the mandatory and standard conditions of
supervision as well as the following special conditions. 1. You must submit to substance abuse testing to
determine if you have used a prohibited substance. 2. You must contribute to the cost of such program not to
exceed the amount determined reasonable by the Court approved U.S. Probation Office's "Sliding Scale for
Services," and you will cooperate in securing any applicable third-party payment, such as insurance
or Medicaid. 3. You shall pay any remaining unpaid restitution balance imposed by the Court in minimum
monthly installments of $250 to commence 60 days after release from custody (or following the imposition of
sentence if a time served or probation case). The payments shall be made payable to "Clerk, U.S. District Court"
and mailed to P.O. Box 835, Charleston, SC 29402. Interest on any restitution ordered is waived. Payments
shall be adjusted accordingly, based upon the defendant’s ability to pay as determined by the Court. 4. You
must not incur new credit charges, or open additional lines of credit without the approval of the probation
officer. 5. 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.
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.
9 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. 9 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. 9 You must participate in an approved program of 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.
2:23-cr-00329-RMG Date Filed 06/14/24 Entry Number 334 Page 4 of 6
AO 245C (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3A- Supervised Release Page 4
DEFENDANT: ANTHONY HARLEY
CASE NUMBER: 2:23-CR-00329-RMG-3
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 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 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 __________________________
2:23-cr-00329-RMG Date Filed 06/14/24 Entry Number 334 Page 5 of 6
AO 245C (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties Page 5
DEFENDANT: ANTHONY HARLEY
CASE NUMBER: 2:23-CR-00329-RMG-3
CRIMINAL MONETARY PENALTIES
The defendant shall pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $200.00 $286,272.05
G The determination of restitution is deferred until _____________. An Amended Judgment in a Criminal Case (AO245C) will be
entered after such determination.
O 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
$286,213.04 $286,213.04 100%
U. S. Small Business
Administration
$59.01 $59.01 100%
Harvest Small Business
Finance, LLC
TOTALS $286,272.05 $286,272.05
G Restitution amount ordered pursuant to plea agreement $
G 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 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).
O The court determined that the defendant does not have the ability to pay interest and it is ordered that:
O The interest requirement is waived for the G fine O restitution.
G The interest requirement for the G fine G 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.
2:23-cr-00329-RMG Date Filed 06/14/24 Entry Number 334 Page 6 of 6
AO 245C (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments Page 6
DEFENDANT: ANTHONY HARLEY
CASE NUMBER: 2:23-CR-00329-RMG-3
SCHEDULE OF PAYMENTS
Having assessed the defendant=s ability to pay, payment of the total criminal monetary penalties is due as follows:
A O Lump sum payment of $200.00 special assessment and restitution in the amount of $286,272.05, both due immediately.
G not later than , or
O in accordance with G C, OD, or G E, or G F below: or
B G Payment to begin immediately (may be combined with G C, G D, or G F below); or
C G Payment in equal (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 O Payment in equal monthly installments of $250.00 to commence 60 days after release from imprisonment to a term of
supervision; or
E G 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 G 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 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 court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
O Joint and Several
Case Number
Defendant and Co-Defendant Names
(including defendant number) Total Amount Joint and Several Amount Corresponding Payee, if appropriate.
Staci Harley 2:23CR00329-1 $286,213.04 $286,213.04 U. S. Small Business Admin.
$59.01 $59.01 Harvest Business Finance
Roberta Harley 2:23CR00329-2 $286,213.04 $286,213.04 U. S. Small Business Admin.
$59.01 $59.01 Harvest Business Finance
Zyaisha Blue 2:23CR00329-4 $286,213.04 $286,213.04 U. S. Small Business Admin.
$59.01 $59.01 Harvest Business Finance
Benjamin Blue 2:23CR00329-5 $286,213.04 $286,213.04 U. S. Small Business Admin.
$59.01 $59.01 Harvest Business Finance
Antanasia Harley 2:23CR00329-6 $286,213.04 $286,213.04 U. S. Small Business Admin.
$59.01 $59.01 Harvest Business Finance
Anthony Pinckney 2:23CR00329-7 $286,213.04 $286,213.04 U. S. Small Business Admin.
$59.01 $59.01 Harvest Business Finance
Sheniqua Mitchell 2:23CR00329-8 $286,213.04 $286,213.04 U. S. Small Business Admin.
$59.01 $59.01 Harvest Business Finance
G The defendant shall pay the cost of prosecution.
G The defendant shall pay the following court cost(s):
O 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 3/12/2024 and the said order is incorporated herein as part of this judgment.
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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