Judgment in a Criminal Case — United States v. Damisha Brown

Summary

A judgment in a criminal case against Damisha Brown, Case Number 2:24-cr-00192-6, in the United States District Court for the Southern District of West Virginia, imposed 10/2/2025 and filed October 6, 2025 as Document 399. The defendant pleaded guilty to Count One of the Superseding Indictment, conspiracy to commit bank fraud under 18 U.S.C. §§ 1344 & 1349, and Count Seven is dismissed on the motion of the United States. The sentence is time served and three (3) years of supervised release, with financial disclosure, credit, tax and restitution conditions. Restitution of $15,625.00 to the Small Business Administration is ordered jointly and severally with Kisha Sutton (2:24-cr-00192-1), payable at no less than $200 per month, plus a $100.00 special assessment.

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Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 1 of 8 PageID #: 2646
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
Southern District
__________ of West
District Virginia
of __________
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
DAMISHA BROWN )
) Case Number: 2:24-cr-00192-6
) USM Number: 63830-511
)
) Clayton T. Harkins
) Defendant’s Attorney
THE DEFENDANT:
✔ pleaded guilty to count(s)
G One of the Superseding Indictment
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 U.S.C. §§ 1344 & 1349 conspiracy to commit bank fraud 7/31/2021 One

The defendant is sentenced as provided in pages 2 through 8 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)
✔ Count(s)
G Seven of the Superseding Indictment ✔ is
G G 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.

10/2/2025
Date of Imposition of Judgment

Signature of Judge

Name and Title of Judge

10/6/2025
Date
Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 2 of 8 PageID #: 2647
AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 2 of 8
DEFENDANT: DAMISHA BROWN
CASE NUMBER: 2:24-cr-00192-6

IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of:

TIME SERVED.

G The court makes the following recommendations to the Bureau of Prisons:

G 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
Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 3 of 8 PageID #: 2648
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 — Supervised Release
Judgment—Page 3 of 8
DEFENDANT: DAMISHA BROWN
CASE NUMBER: 2:24-cr-00192-6
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
THREE (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.
G✔ 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. G✔ 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. G✔ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. G 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. G 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.
Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 4 of 8 PageID #: 2649
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A — Supervised Release
Judgment—Page 4 of 8
DEFENDANT: DAMISHA BROWN
CASE NUMBER: 2:24-cr-00192-6

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
Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 5 of 8 PageID #: 2650

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3B — Supervised Release
Judgment—Page 5 of 8
DEFENDANT: DAMISHA BROWN
CASE NUMBER: 2:24-cr-00192-6

ADDITIONAL SUPERVISED RELEASE TERMS

While on supervised release, the defendant must not commit another federal, state, or local crime, must not possess a firearm or other dangerous
device, and must not unlawfully possess a controlled substance. The defendant must also comply with the standard terms and conditions of supervised
release as recommended by the United States Sentencing Commission and as adopted by the United States District Court for the Southern District of
West Virginia, except that the Defendant shall not be required to participate in a program of testing, counseling, and treatment for drug and alcohol
abuse as directed by the probation officer. In addition, the defendant shall comply with the following Standard Conditions of Supervision adopted by
the Southern District of West Virginia in Local Rule of Criminal Procedure 32.3:

1) If the defendant is unemployed, the probation officer may direct the defendant to register and remain active with Workforce West Virginia;

2) A term of community service is imposed on every defendant on supervised release or probation. Fifty hours of community service is imposed on
every defendant for each year the defendant is on supervised release or probation. The obligation for community service is waived if the defendant
remains fully employed or actively seeks such employment throughout the year;

3) The defendant shall not possess a firearm, ammunition, destructive device, or any other 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), and shall reside in a residence free
from such items; and

4) The defendant shall not purchase, possess, or consume any organic or synthetic intoxicants, including bath salts, synthetic cannabinoids, or other
designer stimulants.
Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 6 of 8 PageID #: 2651
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3D — Supervised Release
Judgment—Page 6 of 8
DEFENDANT: DAMISHA BROWN
CASE NUMBER: 2:24-cr-00192-6

SPECIAL CONDITIONS OF SUPERVISION
In addition, the Defendant shall comply with the following Special Conditions of supervision:

1) The defendant is not a resident of this district; therefore, the period of supervised release is to be administered by the district where the defendant is
a legal resident and/or the district where a suitable release plan is developed.

2) The defendant 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.

3) The defendant must not incur new credit charges or open additional lines of credit without the approval of the probation officer.

4) The defendant shall apply all monies received from income tax refunds, lottery winnings, judgments, and any other anticipated or unanticipated
financial gains to any outstanding Court imposed monetary obligations.

5) The defendant shall cooperate with the IRS with regard to any civil audit of her personal and business taxes and shall file all tax returns and
amended tax returns as required.

6) The defendant must make restitution in accordance with 18 U.S.C. § 3663 and 3663A or any other statute authorizing a sentence of restitution.

7) The defendant shall pay restitution, jointly and severally, with Kisha Sutton, in the amount of $15,625, with interest as allowed by law, to the fullest
extent financially feasible. The defendant shall pay restitution as a special condition of her supervised release as more fully set forth on Page 8 herein.
Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 7 of 8 PageID #: 2652
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
Judgment — Page 7 of 8
DEFENDANT: DAMISHA BROWN
CASE NUMBER: 2:24-cr-00192-6
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment 5HVWLWXWLRQ )LQH $9$$$VVHVVPHQW -97$$VVHVVPHQW
TOTALS $ 100.00 $ 15,625.00 $ 0.00 $ 0.00 $ 0.00

G The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.

G 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
Small Business Administration $15,625.00 $15,625.00

721 19th St., 3rd Floor, Room 301
Denver, CO 80202

[Re: Damisha Brown loan fraud]

TOTALS $ 15,625.00 $ 15,625.00

✔
G Restitution amount ordered pursuant to plea agreement $ 15,625.00

✔
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 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).

G The court determined that the defendant does not have the ability to pay interest and it is ordered that:

G the interest requirement is waived for the G fine G 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.
Case 2:24-cr-00192 Document 399 Filed 10/06/25 Page 8 of 8 PageID #: 2653
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 8 of 8
DEFENDANT: DAMISHA BROWN
CASE NUMBER: 2:24-cr-00192-6

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 payment of $ 100.00
G due immediately, balance due

G not later than , or
✔
G in accordance with G C, G D, G E, or ✔ F below; or
G
B G Payment to begin immediately (may be combined with G C, G D, or G F below); or
C G 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 G 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 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 ✔ Special instructions regarding the payment of criminal monetary penalties:
G
The $100 special assessment is due immediately. The defendant shall pay the $15,625 restitution in installments of no less than $200 per
month, with the first payment becoming due 60 days of the entry of this Order. The defendant shall make the payments to the Clerk, United
States District Court, 300 Virginia Street, East, Suite 2400, Charleston, WV 25301.

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.

G
✔ Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
Kisha Sutton (2:24-cr-00192-1)
15,625.00 15,625.00

G The defendant shall pay the cost of prosecution.
G The defendant shall pay the following court cost(s):
G The defendant shall forfeit the defendant’s interest in the following property to the United States:

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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