Judgment in a Criminal Case — United States v. Clark (S.D. Fla., Dkt. 49)

Summary

Judgment in a Criminal Case entered August 2, 2021 as Document 49 in United States of America v. Andre Clark, Case No. 0:21-cr-60029-WPD, U.S. District Court for the Southern District of Florida, Fort Lauderdale Division. Clark pleaded guilty to Count One of the indictment, conspiracy to commit wire fraud under 18 U.S.C. 371 with an offense end date of 08/05/2020, and the other counts were dismissed on the government's motion. He was sentenced on 7/30/2021 to 33 months in prison followed by 3 years of supervised release with financial disclosure and search conditions. Criminal monetary penalties are a $100.00 assessment, no fine and restitution of $2,975,086.00.

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

Cite this document

“Judgment in a Criminal Case — United States v. Clark (S.D. Fla., Dkt. 49).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-0-21-cr-60029-dkt-49-s-d-fla-928cf07f72/, SHA-256 b9df137998f5693ba91a9de3b2f720c335536c715d9f43ec5813d106f411c0bd.

Full text

Case 0:21-cr-60029-WPD Document 49 Entered on FLSD Docket 08/02/2021 Page 1 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page I of6

UNITED STATES DISTRICT COURT
Southern District of Florida
Fort Lauderdale Division

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
ANDRE CLARK Case Number: 21-60029-CR Dimitrouleas
USM Number: 26441-104

Counsel For Defendant: Andrew Smallman
Counsel For The United States: David Turken
Court Reporter: Vernita Allen-Williams
The defendant pleaded guilty to count(s) as to Count One of the indictment.

The defendant is adjud.icated guilty of these offenses:
OFFENSE
TITLE & SECTION NATURE OF OFFENSE COUNT
ENDED
18 use§ 371 Conspiracy to Commit Wire Fraud 08/05/2020 1
The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed
pursuant to the Sentencing Reform Act of 1984.

All remaining counts are dismissed oil the motion of the government.

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. ·

Date of Imposition of Sentence: 7/30/2021

ia ..... ,,..-.........,eas
United States District Judge
Case 0:21-cr-60029-WPD Document 49 Entered on FLSD Docket 08/02/2021 Page 2 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 2 of6

DEFENDANT: ANDRE CLARK
. CASE NUMBER: 21-60029-CR Dimitrouleas
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of 33 months imprisonment as to Count One of the indictment.
The defendant is remanded to the custody of the United States Marshal.

RETURN
I have executed this judgment as follows:

Defendant delivered on - - - - - - ~ - - - - - - - to - - - ~ ~ - - - - - - - - -

a t - - - - - - - - - ~ - - - ~ - • with a certified copy of this judgment.

UNITED STATES MARSHAL

DEPUTY UNITED STATES MARSHAL
Case 0:21-cr-60029-WPD Document 49 Entered on FLSD Docket 08/02/2021 Page 3 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 3 of6

DEFENDANT: ANDRE CLARK
CASE NUMBER: 21-60029-CR Dimitrouleas
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of

3 years as to Count One of the indictment.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release
from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a
controlled substance. The defendant shall 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 defendant shall cooperate in the collection of DNA as directed by the probation officer.

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance
with the Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional
conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
1. The defendant shall not leave the judicial district without the permission of the court or probation officer;
2. The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first fifteen
days of each month;
3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4. The defendant shall support his or her dependents and meet other family responsibilities;
5. The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or
other acceptable reasons;
6. The defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
7. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
8. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
9. The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person
convicted of a felony, unless granted permission to do so by the probation officer;
10. The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation
of any contraband observed in plain view of the probation officer;
11. The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement
officer;
12. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without
the permission of the court; and
13. • As directed by the probation officer, the defendant shall notify third partie:, ofrisks that may be occasioned by the defendant's
criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to
confirm the defendant's compliance with such notification requirement.
Case 0:21-cr-60029-WPD Document 49 Entered on FLSD Docket 08/02/2021 Page 4 of 6
USDC FLSD 245B (Rev. 09/08)- Judgment in a Criminal Case Page 4 of~

DEFENDANT: ANDRE CLARK
CASE NUMBER: 21-60029-CR Dimitrouleas
SPECIAL CONDITIONS OF SUPERVISION

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.

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.

Unpaid Restitution, Fines, or Special Assessments - If the defendant has any unpaid amount ofrestitution, 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 0:21-cr-60029-WPD Document 49 Entered on FLSD Docket 08/02/2021 Page 5 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 5 of6

DEFENDANT: ANDRE CLARK
CASE NUMBER: 21-60029-CR Dimitrouleas
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Fine Restitution
TOTALS $100.00 $0.00 $2,975,086.00
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.
INAME OF PAYEE jTOTALLOSS* IRESTITUTIONORDERED
* Findings for the total amount of losses are required under Chapters 109A, 110, 11 0A, and 113A of Title 18 for
offenses committed on or after September 13, 1994, but before April 23, 1996.

**Assessment due immediately unless otherwise ordered by the Court.
Case 0:21-cr-60029-WPD Document 49 Entered on FLSD Docket 08/02/2021 Page 6 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 6 of6

DEFENDANT: ANDRE CLARK
CASE NUMBER: 21-60029-CR Dimitrouleas
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 due immediately.

F. Special instructions regarding-the payment of criminal monetary penalties:
Any unpaid monetary penalties are to be paid during the term of supervised release

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.

This assessment/fine/restitution is payable to the CLERK, UNITED STATES COURTS and is to be addressed to:
U.S. CLERK'S OFFICE
ATTN: FINANCIAL SECTION
400 NORTH MIAMI A VENUE, ROOM 08N09
MIAMI, FLORIDA 33128-7716

The assessment/fine/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and
the U.S. Attorney's Office are responsible for the enforcement of this order.

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and
Several Amount, and corresponding payee, if appropriate.
CASE NUMBER
JOINT AND SEVERAL
DEFENDANT AND CO-DEFENDANT NAMES TOTAL AMOUNT
AMOUNT
(INCLUDING DEFENDANT NUMBER)
The Government shall file a preliminary order of forfeiture within 3 days.

The defendant shall forfeit the defendant's interest in the following property to the United States:
money judgment in the amount of $488,565.00
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) penalties, and (8) costs, including cost of
prosecution and court costs.

File and source

File: 49-major-prep-tsv-rank-8.pdf
Size: 239,205 bytes
SHA-256: b9df137998f5693ba91a9de3b2f720c335536c715d9f43ec5813d106f411c0bd
Our copy: 49-major-prep-tsv-rank-8.pdf
Original: PACER (login required)