Amended Judgment — USA v. Philossaint et al (Dkt. 336, S.D. Fla.)
Summary
The Amended Judgment in a Criminal Case for Joff Stenn Wroy Philossaint, Case 9:22-cr-80144-RS, in the U.S. District Court for the Southern District of Florida, West Palm Beach Division, entered 08/09/2023 as Document 336, amending the original judgment of 06/26/23 to modify the restitution order. It records guilty pleas to counts 1, 2 and 3 of the Superseding Indictment, conspiracy to commit wire fraud and two money laundering conspiracies ended 08/07/2022, and a guilty verdict on count 4, procurement of citizenship or naturalization by fraud. The sentence is 50 months on each count, concurrent, and three (3) years of supervised release, with surrender to immigration authorities for removal proceedings after imprisonment. It orders a $400.00 assessment and $3,850,012.34 in restitution, joint and several with co-defendants and with David Andre Johnson, plus forfeiture.
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Cite this document
“Amended Judgment — USA v. Philossaint et al (Dkt. 336, S.D. Fla.).”
Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/amended-judgment-usa-v-philossaint-et-al-dkt-336-s-d-fla-bbe295cd27/
, SHA-256 7fc374d042ab323be985add2e85d57105b38e496718edfba4b7dca5a91981aa9.Full text
Case 9:22-cr-80144-RS Document 336 Entered on FLSD Docket 08/09/2023 Page 1 of 7
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
UNITED STATES OF AMERICA § AMENDED
JUDGMENT IN A CRIMINAL CASE
§
v. §
§ Case Number: 9:22-CR-80144-RS(1)
JOFF STENN WROY PHILOSSAINT § USM Number: 14953-510
Date of Original Judgment: 06/26/23 §
AMENDMENT REASON(S): Modification of § Counsel for Defendant: Scott William Sakin
Restitution Order (18 U.S.C. §3664)
§ Counsel for United States: Marc Osborne
THE DEFENDANT:
☒ pleaded guilty to count(s) 1,2, and 3 of the Superseding Indictment
pleaded guilty to count(s) before a U.S. Magistrate
☐ Judge, which was accepted by the court.
pleaded nolo contendere to count(s) which was
☐ accepted by the court
☒ was found guilty on count(s) after a plea of not guilty 4 of the Superseding Indictment
The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense Offense Ended Count
18:1349 Attempt and Conspiracy To Commit Wire Fraud 08/07/2022 1s
18:1956(h) Conspiracy to Money Laundering - Fraud, Other 08/07//2022 2s
18:1956(h) Conspiracy Money Laundering - Fraud, Other 08/07/2022 3s
18:1425 ( a) Procurement Of Citizenship Or Naturalization By Fraud 02/09/2021 4ss
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.
☐ The defendant has been found not guilty on count(s)
☐ Count(s) ☐ 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 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.
June 26, 2023
Date of Imposition of Judgment
Signature of Judge
UNITED STATES DISTRICT JUDGE
Name and Title of Judge
August 9, 2023
Date
Case 9:22-cr-80144-RS Document 336 Entered on FLSD Docket 08/09/2023 Page 2 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 2 of 7
DEFENDANT: JOFF STENN WROY PHILOSSAINT
CASE NUMBER: 9:22-CR-80144-RS(1)
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
50 months as to count 1s; 50 months as to count 2s; 50 months as to count 3s; 50 months as to count 4ss Terms to run
concurrent.
☒ The court makes the following recommendations to the Bureau of Prisons:
Defendant be placed in a facility in South Florida or as close to Florida as possible to be near family.
☒ 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.
☐ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
☐ before 2 p.m. on
☐ 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.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case 9:22-cr-80144-RS Document 336 Entered on FLSD Docket 08/09/2023 Page 3 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 3 of 7
DEFENDANT: JOFF STENN WROY PHILOSSAINT
CASE NUMBER: 9:22-CR-80144-RS(1)
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall 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.
☐ 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. ☐ 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 which
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)
You must comply with the standard conditions that have been adopted by this court as well as with any additional
conditions on the attached page.
Case 9:22-cr-80144-RS Document 336 Entered on FLSD Docket 08/09/2023 Page 4 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 4 of 7
DEFENDANT: JOFF STENN WROY PHILOSSAINT
CASE NUMBER: 9:22-CR-80144-RS(1)
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. I understand additional information regarding these conditions is available at
www.flsp.uscourts.gov.
Defendant’s Signature Date
Case 9:22-cr-80144-RS Document 336 Entered on FLSD Docket 08/09/2023 Page 5 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 5 of 7
DEFENDANT: JOFF STENN WROY PHILOSSAINT
CASE NUMBER: 9:22-CR-80144-RS(1)
SPECIAL CONDITIONS OF SUPERVISION
Association Restriction: The defendant is prohibited from associating with co-defendants while on supervised
release.
Cooperating with Immigration during Removal Proceedings: The defendant shall cooperate in any removal
proceedings initiated or pending by the U.S. Immigration and Customs Enforcement consistent with the
Immigration and Nationality Act. If removed, the defendant shall not reenter the United States without the prior
written permission of the Secretary of Homeland Security. The term of supervised release shall be non-reporting
while the defendant is residing outside the United States. If the defendant reenters the United States within the
term of probation, the defendant is to report to the nearest U.S. Probation Office within 72 hours of the
defendant's arrival.
Surrendering to Immigration for Removal After Imprisonment: At the completion of the defendant's term
of imprisonment, the defendant shall be surrendered to the custody of the U.S. Immigration and Customs
Enforcement for removal proceedings consistent with the Immigration and Nationality Act. If removed, the
defendant shall not reenter the United States without the prior written permission of the Secretary of Homeland
Security. The term of supervised release shall be non-reporting while the defendant is residing outside the
United States. If the defendant reenters the United States within the term of supervised release, the defendant is
to report to the nearest U.S. Probation Office within 72 hours of the defendant's arrival.
Financial Disclosure Requirement: The defendant shall provide complete access to financial information,
including disclosure of all business and personal finances, to the U.S. Probation Officer.
No New Debt Restriction: The defendant shall not apply for, solicit or incur any further debt, included but not
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or
through any corporate entity, without first obtaining permission from the United States Probation Officer.
Permissible Search: The defendant shall submit to a search of his/her person or property conducted in a
reasonable manner and at a reasonable time by the U.S. Probation Officer.
Related Concern Restriction: The defendant shall not own, operate, act as a consultant, be employed in, or
participate in any manner, in any financial service related employment during the period of supervision.
Self-Employment Restriction: The defendant shall obtain prior written approval from the Court before
entering into any self-employment.
Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution,
fines, or special assessments, the defendant shall notify the probation officer of any material change in the
defendant's economic circumstances that might affect the defendant's ability to pay.
Case 9:22-cr-80144-RS Document 336 Entered on FLSD Docket 08/09/2023 Page 6 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 6 of 7
DEFENDANT: JOFF STENN WROY PHILOSSAINT
CASE NUMBER: 9:22-CR-80144-RS(1)
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments page.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $400.00 $3,850,012.34 $.00
☐ The determination of restitution is deferred until An Amended Judgment in a Criminal Case (AO245C) 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. However, pursuant to 18 U.S.C.
§ 3664(i), all nonfederal victims must be paid before the United States is paid.
☐ Restitution amount ordered pursuant to plea agreement $
☐ 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 the schedule of
payments page may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
☐ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
☐ the interest requirement is waived for the ☐ fine ☐ restitution
☐ the interest requirement for the ☐ fine ☐ restitution is modified as follows:
Restitution with Imprisonment - It is further ordered that the defendant shall pay restitution in the amount of $3,850,012.00. During
the period of incarceration, payment shall be made as follows: (1) if the defendant earns wages in a Federal Prison Industries
(UNICOR) job, then the defendant must pay 50% of wages earned toward the financial obligations imposed by this Judgment in a
Criminal Case; (2) if the defendant does not work in a UNICOR job, then the defendant must pay a minimum of $25.00 per quarter
toward the financial obligations imposed in this order. Upon release of incarceration, the defendant shall pay restitution at the rate of
10% of monthly gross earnings, until such time as the court may alter that payment schedule in the interests of justice. The U.S.
Bureau of Prisons, U.S. Probation Office and U.S. Attorney’s Office shall monitor the payment of restitution and report to the court
any material change in the defendant’s ability to pay. These payments do not preclude the government from using other assets or
income of the defendant to satisfy the restitution obligations.
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. §2259.
** Justice for Victims of Trafficking Act of 2015, 18 U.S.C. §3014.
*** 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 9:22-cr-80144-RS Document 336 Entered on FLSD Docket 08/09/2023 Page 7 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 7 of 7
DEFENDANT: JOFF STENN WROY PHILOSSAINT
CASE NUMBER: 9:22-CR-80144-RS(1)
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 payments of $400.00 due immediately, balance due
It is ordered that the Defendant shall pay to the United States a special assessment of $400.00 for Counts 1s, 2s, 3s and 4ss ,
which shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be
addressed to:
U.S. CLERK’S OFFICE
ATTN: FINANCIAL SECTION
400 NORTH MIAMI AVENUE, ROOM 8N09
MIAMI, FLORIDA 33128-7716
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 the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
Joint and Several with co-defendants in this case and with David Andre Johnson in case 22-CR-60201
☒ The Government and the U.S. Probation Office shall provide the names and addresses of the victims
☒ The defendant shall forfeit the defendant’s interest in the following property to the United States:
FORFEITURE of the defendant’s right, title and interest in certain property is hereby ordered consistent with the plea
agreement. The United States shall submit a proposed Order of Forfeiture within three days of this proceeding.
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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