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Judgment in a Criminal Case — United States v. Nii A. Tei

Summary

A Judgment in a Criminal Case for Nii A. Tei, Case Number 1:22cr78, filed October 31, 2024 as Doc 67 in Case 1:22-cr-00078-SJD in the United States District Court. The defendant pleaded guilty to count 1s, structuring transactions to evade reporting requirements under 31 U.S.C. 5324(a)(3) & (d)(2), and judgment was imposed on October 28, 2024. The sentence is 48 months, with a recommendation for FCI Ashland, surrender before 2 p.m. on January 3, 2025, and 3 years of supervised release, including a bar on work in the tax preparation business. Restitution of $161,033.00 is payable to the Small Business Administration with a $100.00 assessment. Forfeited property includes $33,390 in United States Currency, the contents of listed bank accounts and Two (2) Breitling Watches.

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                 Case: 1:22-cr-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 1 of 8 PAGEID #: 264
AO 245B(Rev. oy/1<>)   Judemcnl in :i Criminal Case
                       Slieel I




                                                United States District Court
                                                           Southern Dis rid of Ohio


             UNiTRD STATES OF AMERICA                                               JUDGMENT IN A CRIMINAL CASE
                                      V,


                                  Nii A. Tei                                        Case Number:           1:22cr78

                                                                                     USM Number: 57529-509

                                                                                      Zenaida Lockard
                                                                                     Del'cndiml's Allt«riiey
THE DEFENDANT:

Elpleaded guilty to count(s)               Is
D pleaded nolo contendcre to counl(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 oflfenses:

Title & Section                      Nature of Offense                                                          Offense Ended            Count

31 U.S.C. 5324(a)(3) &               Structuring transactions to evade reporting requirements                    8/27/2020                  Is

(d)(2)



       The defendant is sentenced as provided in pages 2 through                              of this judgment. The sentence is imposed pursuant to
the Sentencing Relbnii Act of 1984.
□ The defendant has been found not guilty on count(s)
□ Count(s)                                               □ is     Dare dismissed on the motion of the United States.

         it is ordered that the defendant mustnotifv the United States attorney forthis district within 30 days ofany change of name, residence,
or mailing address until all fines, rc.stiluiion. costs, and special assessments imposed by this judgment are fully paid. Ifordered to pay restitution,
the defendant must notify the court and United States attorney of material chaimes in ccohonuc circumstances.

                                                                                                               10/28/2024
                                                                         Djic of Imposilion of Judi^menl




                                                                        *SigniiIiitc ol'Jiidiic




                                                                         Nnmi; and I'ilic ol Jiidto                                              NJ


                                                                            Od'ohxAy 30
                  Case: 1:22-cr-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 2 of 8 PAGEID #: 265
AO 245B (Rev. 09/19) Judgment in Criminal Case
                     Sheet 2 — Imprisonment
                                                                                                    Judgment — Page           of

 DEFENDANT:            Nii A. Tei
CASE NUMBER: 1:22cr78


                                                           IMPRISONMENT

          The defendant is hereby committed to the custody of the Fedei^i Bureau of Prisons to be imprisoned for a
total term of:
 48 months




      El The court makes the following recommendations to the Bureau of Prisons:
           That the defendant be designated to FCI Ashland. If this facility is not available then the defendant shall be designated
           to the closest appropriate facility to Cincinnati, Oh. Defendant shall participate in the Bureau of Prison's Apprenticeship
           Program.



      □ 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.

      El The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
           Ef before 2 p.m. on         1/3/2025                          •
           □ 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.



                                                                                                 UNITHO S I ATP.S MAUSIIAI.




                                                                             By
                                                                                              DEPUTY UNITED .STATES MARSHA!.
                   Case: 1:22-cr-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 3 of 8 PAGEID #: 266
AO 24SB (Rev. 09/19) Judgment in a Criminal Case
                     Sheet 3 — Supervised Release
                                                                                                          Judgment—Page         of

DEFENDANT: Nii A. Tei
CASE NUMBER: 1:22cr78
                                                        SUPERVISED RELEASE

Upon release from imprisonment, you will 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 ifapplicable)
4.       Ei You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
            restitution,(dteck ifapplicable)
5.       El You must cooperate in the collection of DNA as directed by the probation officer,(check ifapplicable)
6.       □ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, el 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 ifapplicable)
1.       □ You must participate in an approved program for domestic violence, (check ifapplicable)

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-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 4 of 8 PAGEID #: 267
AO 245B(Rcv.09/19)    Judgment in n Criminal Case
                      Sheet 3A — Super\ ised Kclease
                                                                                                Judgment—Page                  of

DEFENDANT: NiiA.Tei
CASE NUMBER; 1:22cr78


                                      STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions ofsupervision. These conditions are imposed
because they establish the basic expectations fervour behavior while on supervision and identily' the minimum tools needed by probation
ofTicers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

I.    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 repoH 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 pennission 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. Ifyou do not have full-titnc employment you must try to find full-time employment, unless the probation officer excuses
      you from doing so. Ifyou 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 notifi'ing 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. Ifyou know someone has heen
      convicted ofa 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, anmiunition. de.structive device, or dangerous weapon (i.e., atiything 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 ofthe 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 ofthis
judgment containing these conditions. For further information regarding these conditions, see (h-erview ofProhciiioit amiSupervised
Relea\e Conditions, available at: www.uscourts.uov.



Defendant's Signature                                                                                      Date
               Case: 1:22-cr-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 5 of 8 PAGEID #: 268
AO 24SB(Rev.09/19) Judgment in a Criminal Case
                   Sheet 3D — Supervised Release
                                                                                             Judgment—^Page   5     of      8
DEFENDANT: NiiA.Tei
CASE NUMBER: 1:22cr78


                                      SPECIAL CONDITIONS OF SUPERVISION
 1.)The (Jefendant shall disclose all financial infomiation as requested by the probation officer to ensure his financial
 earnings are through iegitimate means.

 2.)The defendant must not incur new credit charges, or open additionai lines of credit without the approval of the probation
 officer.

 3.)The defendant shail not be employed in the tax preparation business during his term of supervision.

 4.)The defendant shail comply with the order of immigration and Customs Enforcement. If ordered deported, he shall not
 iiiegaiiy reenter the United States.
                 Case: 1:22-cr-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 6 of 8 PAGEID #: 269
AO 24SB (Rev. 09/19) Judgment in a Criminal Case
                      Sheet 5 — Criminal Monetao'Penalties
                                                                                                    Judgment — Page     6      of
 DEFENDANT; Nii A. Tei
CASE NUMBER: 1:22cr78
                                              CRIMINAL MONETARY PENALTIES

      The defetidant must pay the total cinminal monetary penalties under the schedule of payments on Sheet 6.

                     Assessment              Restitution               Fine                AVAA Assessment*             JVTA Assessment**
TOTALS            S 100.00                 S 161,033.00           S 0.00                  S 0.00                      S 0.00


 □ The determination of restitution is deferred until                    . An Amended Judgment in a Criminal Case(A0245C) 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, unless specifiedi otherwise in
      the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims: nmust be paid
      before the United States is paid.

 Name of Payee                                                Total Loss***               Restitution Ordered         Priority or Percentage

  Small Business Administration                                         $115,200.00                $115,200.00

  SBA/DFC

  721 19th Street

  3rd Floor, Room 301

  Denver CO 80202

  Re: Loan Number 7235358106

  Small Business Administration                                          $25,000.00                 $25,000.00

  Re:Loan Number 1520908107

  Small Business Administration                                          $20,833.00                 $20,833.00

  Re: Loan Number 3538688110



 TOTALS                             $                  161,033.00             $             161,033.00


 □     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(0. 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).

 0     The court determined that the defendant does not have the ability to pay interest and it is ordered that:
       Ej the interest requirement is waived for the          □ fine    E] restitution.
       □ the interest requirement for the          □   fine    □ restitution is modified as follows:

 ♦ Amy, Vicky, and Andy Child Pomography Victim Assistance Act of 2018, Pub. L. No. 115-299.
♦* Justice for victims ot'Trafficking Act of'^20l5. Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters I09A, 110,1 lOA, and II3A of Title 18 for offenses committed on
or af)er September 13,1994, but before April 23,1996.
                Case: 1:22-cr-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 7 of 8 PAGEID #: 270
AO 24SB(Rev. 09/19)   Judgment in a Criminal Case
                      Sheet 6 — Schedule ofPaymnls
                                                                                                            Judgment — Page             of

DEFENDANT; NiiA.Tei
CASE NUMBER: 1:22cr78


                                                     SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment ofthe total criminal monetary penalties is due as follows:

A     □    Lump sum payment of $                             due immediately, balance due

           □     not later than                                   ,or

           □     in accordance with □ C,         □    D,     □    E, or      □ F below; or

 B    0    Payment to begin immediately (may be combined with             DC,          □ D, or      0 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                      (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    0    Special instructions regarding the payment of criminal monetary penalties:
            Restitution is due immediately with any unpaid balance to be paid in the amount of not less than ten percent of Mr.
            Tei's net income per month. While incarcerated, if the defendant is working in a non-UNICOR or grade 5 UNICOR
           job, he shall pay $25.00 per quarter toward the restitution obligation. If working in a grade 1-4 UNICOR job, he
            shall pay 50% of his monthly pay toward the restitution obligation. Any change in this schedule shall be made only
            by order of this Court.

 Unless the court has expressly ordered otherwise, if this Judgment imposes imprisonment, payment ofcriminal 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.



 □    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):

 0    The defendant shall forfeit the defendant's interest in the following property to the United States:
      See Next Page


Payments shall be applied in the following order: (I) 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.
                Case: 1:22-cr-00078-SJD Doc #: 67 Filed: 10/31/24 Page: 8 of 8 PAGEID #: 271
AO 2451)(Rev. 09/19)   Judgment in a Criminal Cose
                       Sheet 6B — Schedule of Payments
                                                                                    Judament—Page   8    of"
DEFENDANT: NHA.Tei
CASE NUMBER: 1:22cr78

                                            ADDITIONAL FORFEITED PROPERTY
  (a)Thirty-Three Thousand Three Hundred Ninety and 00/100 Doiiars($33,390)in United States Currency;
  (b)Contents of US Bank Account No. x5824 in the name of Troy's Home Appliances, LLC;
  (c)Contents of U.S. Bank Account No. x6482 in the name of Nii A. Tei;
  (d)Contents of U.S. Bank Account No. x9251 in the name of Nii A. Tei;
  (e)Contents of Bank of America Account No. x3700 in the name of Provident Home Health Care, LLC; and
  (f) Two(2) Breitling Watches.


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