Judgment in a Criminal Case — United States v. Joao Mendes (District of Massachusetts)

Summary

A judgment in a criminal case against Joao Mendes, Case Number 1:22-cr-10167-NMG, in the United States District Court for the District of Massachusetts, filed April 11, 2024 as Document 46. The defendant pleaded guilty on 12/19/2023 to count 1, wire fraud under 18 U.S.C. § 1343. The sentence is 27 months in the custody of the Federal Bureau of Prisons and 1 year of supervised release, with credit and financial disclosure conditions. Restitution totals $1,542,559.50, with payees including the SBA and Kabbage, along with a $100.00 assessment and forfeiture under the attached Preliminary Order of Forfeiture. The judgment names the Honorable Nathaniel M. Gorton, Judge, U.S. District Court.

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

Full text

Text recognized from a scanned document; may contain errors.

Case 1:22-cr-10167-NMG Document 46 Filed 04/11/24 Page 1 of 7

AO 245B (Rev. 02/18) Judgment in a Criminal Case

Sheet |
UNITED STATES DISTRICT COURT
District of Massachusetts
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
Ve )
Joao Mendes Case Number: 1: 22 CR 10167 -1 - NMG

John J. Falvey , Jr. & Nicholas R. Franco , Ill
) Defendant’s Attomey

THE DEFENDANT:

W; pleaded guilty to count(s) 1 on 12/19/2023

O pleaded nolo contendere to count(s)

which was accepted by the court.
(C 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. § 1343 Wire Fraud 07/24/20 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.

C) The defendant has been found not guilty on count(s)

OC Count(s) O 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 — of any change of name, residence,
or fir 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.

4/19/2024
Date of Imposition of Judgment
Signature of Judge ° Vv oe

The Honorable Nathaniel M. Gorton
Judge, U.S. District Court
Name and Title of Judge

O4/ VA 2024

Date
Case 1:22-cr-10167-NMG Document46- Filed 04/11/24 Page 2of7

AO 245B (Rev.02/1 in Criminal Case

Judgment—Page 2 of 7

DEFENDANT: Joao Mendes
CASE NUMBER: 1: 22 CR 10167 -1 -NMG

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total
term of: 27 months.

(@ The court makes the following recommendations to the Bureau of Prisons:

Defendant should be designated to the institution, commensurate with security, which is closest to Massachusetts.

(1 The defendant is remanded to the custody of the United States Marshal.

1 The defendant shall surrender to the United States Marshal for this district:
O at O am O pm. on
Das notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
Z before2pm.on 5/21/2024

1 as notified by the United States Marshal.
©) as notified by the Probation or Pretrial Services Office.

RETURN
T have executed this judgment as follows:
Defendant delivered on to
a » with a certified copy of this judgment.
UNITED STATES MARSHAL
By

DEPUTY UNITED STATES MARSHAL
Case 1:22-cr-10167-NMG Document46- Filed 04/11/24 Page 3of7

. in a Criminal Case
AO 245B (Rev. 02/18) Judgment ino ha oe

DEFENDANT: Joao Mendes
CASE NUMBER: 1: 22 CR 10167 -1 -NMG

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of : 1 year.
MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

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.

{Z 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 cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

5. 0 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)

6. © You must participate in an approved program for domestic violence. (check if applicable)

ype

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 1:22-cr-10167-NMG Document46- Filed 04/11/24 Page4of/7

AO 245B (Rev. 02/18) Judgment in a Criminal Case
Rev ) Sheet 3A Supervised Release
Judgment—Page 4 of 7

DEFENDANT: Joao Mendes
CASENUMBER: 1:22 CR 10167 -1 -NMG

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 thay 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 feast 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 ofa felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.

9. Ifyou 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

AUS. 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 Overvi ‘Probation and Supervised
Release Conditions, available at: www.uscourts.pov. garding Hons, lew of Probation and Sup

Defendant's Signature Date
Case 1:22-cr-10167-NMG Document46 Filed 04/11/24 Page5of7

AO 2ASB(Rev. 02/18) Judgment in a Criminal Case
» Sheet 3D — Supervised Release
Judgment—Page v of ;

DEFENDANT: J0a0 Mendes
CASE NUMBER: 1: 22 CR 10167 -1 -NMG

SPECIAL CONDITIONS OF SUPERVISION
1. You must pay the balance of any fine or restitution imposed according to a court-ordered repayment schedule.

2. You are prohibited from incurring new credit charges or opening additional lines of credit without the approval of the
Probation Office while any financial obligations remain outstanding.

3. You must provide the Probation Office access to any requested financial information, which may be shared with the
Asset Recovery Unit of the U.S. Attorney's Office.
Case 1:22-cr-10167-NMG Document46- Filed 04/11/24 Page 6of/7

AO 245B (Rev. 02/18) Judgment in a Criminal Case
Shect 5 — Criminal Monetary Penalties

Tudgment — Page ) of _ f

DEFENDANT: Joao Mendes
CASE NUMBER: 1: 22 CR 10167 - 1 - NMG

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penaltics under the schedule of payments on Sheet 6.

Assessment SVTA Assessment* Fine Restitution
TOTALS $ 100.00 $ $ $ 1,542,559.50
(The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.

1 The defendant must makc restitution (including community restitution) to the following payces in the amount listed below.

If the defendant makes a partial payment, cach payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment colurin below. However, pureuant to 18 U.S.C. § 3664( , all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss** Restitution Ordered Priority ar Percentage
SBA $265,800.00
Kabbage $740,739.00
- Gross River $173,182.50
FundBox $167,905.00
-Celtoc Bank $20,833.00
First Home $174,100.00
TOTALS $ 0.00 $ 1,542,559.50

C) Restitution amount ordered pursuant to plea agreement S

© 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).

2) = The court determined that the defendant does not have the ability to pay interest and it is ordered that:
21 the interest requirement is waived forthe (fine 7) restitution.

C1 the interest requirement forthe © fine 1 restitution is modified as follows:

* 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 i i
after September 13, 1994, but belore Acca Syoquie t Chapters 110, 110A, and 113A of Title 18 for offenses committed on or
Case 1:22-cr-10167-NMG Document46- Filed 04/11/24 Page 7 of7

AO 245B 02/18) Judgment in a Criminal Case
Re Sheet 6 — Schedule of Payments

Judgment — Page of
DEFENDANT: Joao Mendes
CASENUMBER: 1: 22 CR 10167 -1 -NMG

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A & Lumpsumpaymentof$ _ 100.00 due immediately, balance due

O_sonot later than , or
0 ineccordancewith ( C, O D, OF E,or { Fbelow;or

B ( Payment to begin immediately (may be combined with [C, OD,or ()F below); or

C OO) Payment in equal (eg., weekly, monthly, quarterly) installments of $ over a period of
(¢.g., months or years), to commence (2.g., 30 or 60 days) after the date of this judgment; or

D OC Payment in equal __ (eg., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (¢.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E (0 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 2) Special instructions regarding the payment of criminal monetary penalties:

Payment of the restitution balance is to begin immediately according to the requirements of the Federal Bureau of

Prisons’ Inmate Financial Responsibility Program while the defendant is Incarcerated and according to a

court-ordered repayment schedule during the term of supervised release. All restitution payments shall be made to

the Clerk, U.S. District Court for transfer to the identified victims. The defendant shall notify the USAO or this

district within 30 days of any change of mailing or residence address that occurs while any portion remains unpaid.
Unless the court has expressly ordered otherwise, ifthis judamen imprisonment, pa t of criminal monetary penalties is due during

t imposes
° risonment. criminal monetary except those payments le through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the elerke of the cOUre Pe ugh

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

0 Joint and Several

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:
See attached Preliminary Order of Forfeiture.

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

46-judgment.pdf

Size

595,584 bytes

SHA-256

cd2dfcd0a08002076e05f8b3593aed6e5e03c00b1a6f83e8ee06b061a22fc798

Our copy

46-judgment.pdf

Original

No public link identified.