Amended Judgment in a Criminal Case — United States v. Jasmine Spencer (S.D. W. Va., September 2, 2025)

Summary

An AO 245C amended judgment in a criminal case for Jasmine Spencer, Case Number 2:24-cr-00192-7, in the U.S. District Court for the Southern District of West Virginia, imposed and filed September 2, 2025 as Document 382. It amends the original judgment dated August 22, 2025 and marks the changes with asterisks. The conviction remains Count Eight of the Superseding Indictment, aiding and abetting bank fraud under 18 U.S.C. §§ 1344 and 2. The amended sentence is time served, followed by forty-two (42) months of supervised release, the first six (6) months on home confinement with electronic monitoring. Spencer must pay a $100 special assessment and restitution of $15,625.00 to Harvest Small Business Finance, LLC, jointly and severally with co-defendant Kisha Sutton (2:24-cr-00192-1), at no less than $100 per month.

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AO 245C (Rev. SBS Catia I QOt AF crimROENMEeNt 382 Filed 09/02/25 Page 1 of RRagel AAC Lith Asterisks ()

Sheet 1

UNITED STATES DISTRICT COURT

Southern District of West Virginia

UNITED STATES OF AMERICA AMENDED JUDGMENT IN A CRIMINAL CASE
Vv. )
JASMINE SPENCER ) Case Number: 2:24-cr-00192-7
Date of Original Judgment: — 8/22/2025 ) John J. Balenovich
(Or Date of Last Amended Judgment) ) Defendant’s Attorney

THE DEFENDANT:
[Mf pleaded guilty to count(s) | Eight of the Superseding Indictment

CX pleaded nolo contendere to count(s)

which was accepted by the court.
O 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 and 2 aiding and abetting bank fraud 7/9/2021 Eight
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.
[1] The defendant has been found not guilty on count(s)

[Mf Count(s) One of the Superseding Indictment [fis [are dismissed on the motion of the United States.

__ Itis 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.

9/2/2025

Date of Imposition of Judgment

IRENE C.BERGER OU
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA

9/2/2025

Date
AO 245C (Rev GASE RieAs rh QQea criQcyMent 382 Filed 09/02/25 Page 2 of 8 PagelD #: 2498

Sheet 2 — Imprisonment (NOTE: Identify Changes with Asterisks (*))
Judgment — Page 2 of 8

DEFENDANT: JASMINE SPENCER
CASE NUMBER: 2:24-cr-00192-7

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

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

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

oO The defendant shall surrender to the United States Marshal for this district:
Cl at Ol am. O pm. on

C1 as notified by the United States Marshal.

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

O before 2 p.m. on

C1 as notified by the United States Marshal.

L] 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
A 245C (Rev GABE RieAs hi QQaea criQcymMent 382 Filed 09/02/25 Page 3 of 8 PagelD #: 2499

Sheet 3 — Supervised Release (NOTE: Identify Changes with Asterisks (*))
Judgment—Page 3 of 8

DEFENDANT: JASMINE SPENCER
CASE NUMBER: 2:24-cr-00192-7
SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of :

*FORTY-TWO (42) MONTHS.

MANDATORY CONDITIONS

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

iv You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

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

Nr

nm

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.
AO 245C (Rev GASE MieAs Hh QQea criQcyMent 382 Filed 09/02/25 Page 4 of 8 PagelD #: 2500

Sheet 3A — Supervised Release

Judgment—Page 4 of 8

DEFENDANT: JASMINE SPENCER
CASE NUMBER: | 2:24-cr-00192-7

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. Ifthe 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 USS. 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
AO 245C (Rev GASE RieAs hi QQaeea criQcuMent 382 Filed 09/02/25 Page 5 of 8 PagelD #: 2501

Sheet 3B — Supervised Release (NOTE: Identify Changes with Asterisks (*))

Judgment—Page 5 of 8

DEFENDANT: JASMINE SPENCER
CASE NUMBER: = 2:24-cr-00192-7

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, including the
condition that the defendant shall participate in a program of testing, counseling, and treatment for drug and alcohol abuse
as directed by the probation officer, until such time as the defendant is released from the program 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) The defendant shall submit to random urinalysis or any drug screening method whenever the same is deemed
appropriate by the probation officer and shall participate in a substance abuse program as directed by the probation
officer. The defendant shall not use any method or device to evade a drug screen;

3) As directed by the probation officer, the defendant will make co-payments for drug testing and drug treatment services
at rates determined by the probation officer in accordance with a court-approved schedule based on ability to pay and
availability of third-party payments;

4) 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;

5) 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

6) The defendant shall not purchase, possess, or consume any organic or synthetic intoxicants, including bath salts,
synthetic cannabinoids, or other designer stimulants.
AO 245C (Rev GASE RieAs hi QQaea criQcyMent 382 Filed 09/02/25 Page 6 of 8 PagelD #: 2502

Sheet 3D — Supervised Release (NOTE: Identify Changes with Asterisks (*))

Judgment—Page 6 of 8

DEFENDANT: JASMINE SPENCER
CASE NUMBER: 2:24-cr-00192-7

SPECIAL CONDITIONS OF SUPERVISION

In addition, the defendant shall comply with the following Special Conditions of supervision:

1) The defendant shall serve the first six (6) months of supervised release on home confinement. During this period, the
defendant shall remain in her place of residence at all times except for approved absences for gainful employment,
community service, religious services, medical care, educational or training programs, or such other absences as the
Probation Officer specifically approves. To assure that the defendant complies with this condition, it shall be enforced with
electronic monitoring.

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.
AO 245C (Rev. FASE MnAAAIARAIYA crinkEWMENt 382 Filed 09/02/25 Page 7 of 8 PagelD #: 2503

Sheet 5 — Criminal Monetary Penalties (NOTE: Identify Changes with Asterisks (*))

Judgment — Page t of 8

DEFENDANT: JASMINE SPENCER
CASE NUMBER: 2:24-cr-00192-7

CRIMINAL MONETARY PENALTIES

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

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ 15,625.00 $ 0.00 $ 0.00 $ 0.00
L] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.
L] The defendant shall 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 pro ortioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
Harvest Small Business Finance, LLC $15,625.00 $15,625.00

24422 Avenida de la Carlota, Suite 400
Laguna Hills, CA 92653

[SBA Loan No. 9691779004]

TOTALS $ 15,625.00 $ 15,625.00

cal Restitution amount ordered pursuant to plea agreement $ 15,625.00

cal 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).

(1 _ The court determined that the defendant does not have the ability to pay interest, and it is ordered that:
C1 the interest requirement is waived for C1 fine CJ restitution.

LC the interest requirement forthe ] fine (1 restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornograph 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.
AO 245C (Rev. FASE AmAAAIQRAIA crinkeWMENt 382 Filed 09/02/25 Page 8 of 8 PagelD #: 2504

Sheet 6 — Schedule of Payments (NOTE: Identify Changes with Asterisks (*))

Judgment — Page 8 of 8

DEFENDANT: JASMINE SPENCER
CASE NUMBER: 2:24-cr-00192-7

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A [Mf Lumpsumpayment of $ 100.00 due immediately, balance due

C1 not later than , or
[{ inaccordance with | C, O D, O Evor M Fbelow;or

B- [( Payment to begin immediately (may be combined with [| C, Ol 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 (J 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 (J 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 uM Special instructions regarding the payment of criminal monetary penalties:

If not paid immediately, the defendant shall pay the $100 special assessment within 60 days. The defendant shall
pay the $15,625 restitution in installments of no less than $100 per month, with the first payment to begin within 60
days. 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.

ral 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

L] The defendant shall pay the cost of prosecution.
L] The defendant shall pay the following court cost(s):

L] 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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