Court filing — No. 1:21-cr-00005 (Dkt. 15-4, E.D. Va.)

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Attachment 4, filed June 10, 2021 as Document 15-4 in Case 1:21-cr-00005-RDA in the U.S. District Court for the Eastern District of Virginia. It is a table prepared by the Office of the Federal Public Defender, dated September 30, 2014, titled Examples of Recent District Court High Fraud-Loss Cases in Which Below-Guidelines Sentences Were Imposed. For each case it lists the conviction, loss amount, guideline range and sentence, beginning with Eastern District of Virginia cases. The first entry shows a loss amount of $1,684,700, a guideline range of 70-87 months and a sentence of 48 months. The attachment is 11 pages.

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Case 1:21-cr-00005-RDA Document 15-4 Filed 06/10/21 Page 1 of 11 PageID# 170

ATTACHEMENT 4
Case 1:21-cr-00005-RDA Document 15-4 Filed 06/10/21 Page 2 of 11 PageID# 171

EXAMPLES OF RECENT DISTRICT COURT HIGH FRAUD-LOSS CASES

IN WHICH BELOW-GUIDELINES SENTENCES WERE IMPOSED

Office of the Federal Public Defender

September 30, 2014
Case Conviction Loss Amount Guideline Range Sentence
Eastern District of Virginia Cases
Arshad, Pervaiz Pled guilty to (1) conspiracy to commit | $1,684,700 70-87 months 48 months
(E.D. Va. 2010, mail and wire fraud and (2) forgery or (9 victims) imprisonment, 3 years
1:10CR419) false use of a passport in obtaining

District Judge T. S. Ellis,

supervised release with

home mortgage loans. special conditions
III $1,684,700 restitution,
joint and several
Contreras, Cecilia Pled guilty to conspiracy to commit In excess of $1 51-63 months (Government also 24 months
(E.D. Va. 2010, wire fraud and aggravated identity million included 24 months for the identity | imprisonment each
1:10CR296) theft. theft conviction for a total range of | count to run
District Judge Leonie M. 75-87 months; Government asked concurrently w/ credit
Brinkema for a 33% reduction amounting to a | for time served,
range of 50-57 months pursuant to supervised relief for 2
5K1.1 motion) years, $1.025 million
restitution, joint and
several with co-
defendant Mark
Simmons

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post-plea, including attempting to
dispose of and conceal assets subject to
forfeiture and asking others to assist.

nationwide, and
400 homeowners)

Case Conviction Loss Amount Guideline Range Sentence

Deuterman, Cari Pled guilty to conspiracy to commit Nearly $2 million 33-41 months 24 months

(E.D. Va. 2010, bank fraud through loan applications for total conspiracy imprisonment,

1:10CR246) and mail fraud. (7 victims) supervised release with

District Judge James C. special conditions for 3

Cacheris years, $1.958 million
restitution

Farhood, Mark Pled guilty to conspiracy to commit More than $4 324-360 months (Offense Level 41 132 months

(E.D. Va. 2013, mail, wire, and bank fraud by delaying | million with at CHC I). Govt recommended imprisonment, with

1:13CR96) foreclosure of mortgages on properties | hundreds of sentence between 15 and 20 years. credit for time served,

District Judge Anthony J. while collecting rent on the same victims (renters, supervised release with

Trenga properties. Also obstructed justice lenders

special conditions for 3
years, $2.8 million
restitution, joint and
several

Ferrufino, Fidelino

Convicted after trial of conspiracy to >$9 million for 121-151 months; Government 34 months
(E.D. Va. 2010, commit bank and wire fraud with bank | total conspiracy; in | recommended 97 months imprisonment,
1:09CR430) mortgages. excess of $3 supervised release with
District Judge Anthony J. million for special conditions for
Trenga Defendant’s 3 years, $4.1 million
conduct restitution, joint and
(approx. 25 several
victims and
numerous financial
institutions)
Fleming-McClatchey, Pled guilty to health care fraud $6.4 million 51-63 months 40 months
Annette involving Medicaid. imprisonment,
(E.D. Va. 2008, supervised release with
1:08CR138)

special conditions for 3

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Case

Conviction Loss Amount Guideline Range Sentence

District Judge T.S. Ellis, years, $3.7 million

III restitution

Gezachew, Sissaye Pled guilty to conspiracy to commit In excess of $18 78-97 months 30 months

(E.D. Va. 2010, bank fraud of United Bank. million imprisonment,

1:10CR199) (1 financial supervised release for 3

District Judge Leonie M. institution) years, $18,051,008

Brinkema restitution, special
assessment of $100

Hernandez, Aaron Pled guilty to conspiracy to commit In excess of $4.5 70-87 months 63 months

(E.D. Va. 2010, bank fraud and mail fraud through million imprisonment, 4 years

1:10CR175) falsified loan applications. (at least 8 financial supervised release, $4.5

District Judge Claude M. institutions) million restitution

Hilton

Mallory, Lloyd Convicted of mail fraud and In excess of $2.7 70-87 months 60 months

(E.D. Va. 2010, conspiracy to commit wire and mail million imprisonment with

1:09CR228) fraud. (11 loans) credit for time served

District Judge T.S. Ellis, as to each count

III (concurrently), 3 years
supervised release with
special conditions,
$2,797,855 restitution

Marcardo, Osvaldo Pled guilty to conspiracy to commit $2.4 million 51-63 months 24 months

(E.D. Va. 2011, bank fraud by creating fraudulent tax (9 victims) imprisonment, 3 years

1:11CR482) letters used to support fraudulent of supervised release

District Judge T.S. Ellis,
III

mortgage applications.

with special conditions,
$2,387,943 restitution

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Case Conviction Loss Amount Guideline Range Sentence

Milan, Michael Pled guilty to conspiracy to commit Greater than 121-151 months 108 months

(E.D. Va. 2010, wire fraud and mail fraud in residential | $2,500,000 but imprisonment with

1:09CR228) real estate transactions by falsifying less than credit for time served,

District Judge T.S. Ellis, information in mortgage applications. $7,000,000. supervised release for 3

III years with special
conditions, $3.1 million
restitution, joint and
several

Offill, Jr., Phillip Securities Attorney; aided in $2.1 million 168-210 months 60 months

(E.D. Va. 2010, conducting “pump and dump” stock (more than 250 imprisonment for ct. 1

1:09CR134) fraud schemes. Convicted at trial of victims) and 96 months

District Judge Liam conspiracy to commit securities imprisonment for ct. 2-

O’Grady registration violations, securities fraud,

and nine substantive counts of wire
fraud.

10 to run concurrently,
3 years of supervised
release with special
conditions $30,111

restitution
Pinkett, Preston Pled guilty to conspiracy to commit $40.2 million in 97-121 months; Government 36 months
CEO/President, bank fraud by operating Ponzi scheme | total fraudulent recommended 68-85 months, imprisonment, 3 years
International Fiduciary with is “Asset Growth Program.” payments; $5.4 including 5K1.1 motion. of supervised release
Corp. million in with special conditions,
(E.D. Va. 2009, fraudulent $18.7 million
1:08CR437) payments to restitution
District Judge Liam Defendant
O'Grady (180 investors that

were victims)

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pursuant to plea agreement;

Case Conviction Loss Amount Guideline Range Sentence
Rojas, Ruben Pled guilty to conspiracy to commit In excess of $9 87-108 months (reduced from 97- 60 months
(E.D. Va. 2010, bank and wire fraud by securing million for total 121 after criminal history reduced imprisonment, 5 years
1:09CR430) fraudulent loans for “straw buyers.” conspiracy to I); Government recommended 87 | of supervised release,
District Judge Gerald months $9.2 million restitution,
Bruce Lee (>30 fraudulent joint and several
transactions)
Roque, Ailyn Pled guilty to wire fraud in connection | Nearly $800,000 33-41 months 30 months
(E.D. Va. 2013, with a fake business involving the (more than 20 imprisonment, 3 years
1:13CR132) purchase and resale of sporting events | victims) of supervised release
District Judge T.S. Ellis, tickets. with special conditions,
III $660,286 in restitution
Rowland, Linda Pled guilty to wire fraud and two $1.5 million 75-87 months (51-63 months for 68 months
(E.D. Va. 2011, counts of aggravated identity theft. (At least 34 the wire fraud conviction and a imprisonment, $1.2
2:10CR132) individuals) mandatory minimum sentence of 24 | million restitution
District Judge Mark S. months for the identity theft
Davis conviction, Government
recommended them to run
concurrently)
Sadr, Linda Pled guilty to two counts of mail fraud, | More than $11 168-210 months (Offense Level 35 144 months
(E.D. Va. 2011, four counts of wire fraud, and two million at CHC I) imprisonment and 120
1:10CR437) counts of money laundering involving | ( 155 victims) months to run
District Judge Liam a “mortgage elimination program.” concurrently with
O’Grady credit for time served,
3 years of supervised
release with special
conditions, $9.6 million
restitution
Shaffer, Kevin Pled guilty to bank fraud, tax evasion, | $3.5 million 70-87 months; 57-71 months 51 months
President/Co-owner, and willful failure to collect, account

imprisonment, $3.5

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Case Conviction Loss Amount Guideline Range Sentence
Matrix-DSS, Inc. for, pay over employment taxes. Government recommended 66 million restitution
(E.D. Va. 2011, months

1:10CR111)

District Judge Gerald

Bruce Lee

Simmons, Mark Operated foreclosure rescue scheme In excess of $1 124-149 months 72 months

(E.D. Va. 2010, through RETE Funding, LLC. Pled million imprisonment, $1.025

1:10CR296) guilty to conspiracy to commit wire million restitution —

District Judge Leonie M. fraud and aggravated identity theft. paid jointly and

Brinkema severally with co-
defendant Cecilia
Contreras

Siveroni, Javier Pled guilty to conspiracy to commit At least 15 78-97 months 24 months

(E.D. Va. 2011, wire and mail fraud through fraudulent different properties imprisonment, 2 years

1:11CR155) loan applications and victims of supervised release,

District Judge Liam suffered more than $2.5 million

O'Grady $2.6 million in restitution, jointly and

severally with co-

defendants

Tonkinson, Christopher Pled guilty to conspiracy to commit Nearly $2 million 30-37 months 24 months

(E.D. Va. 2010, bank fraud and mail fraud. for total conspiracy imprisonment,

1:10CR361) $629,400 restitution

District Judge Claude M.

Hilton

Tribby, Linda Pled guilty to bank fraud. Over $14.1 million | 97-121 months 84 months

(E.D. Va. 2011, (1 financial imprisonment, in

1:11CR106) institution) excess of $8.4 million

District Judge Liam restitution

O’Grady

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Case Conviction Loss Amount Guideline Range Sentence
Other District Court Cases

Adelson, Richard Convicted at trial of conspiracy, $50-$100 million Guidelines called for life 42 months

CEO & President, Impath | securities fraud, and filing false reports imprisonment; however, statutory imprisonment, $50

(S.D.N.Y. 2006, with SEC. maximum was 85 years million restitution

1:05CR325)

Argo, Carole Pled guilty to securities fraud. $1-2.5 million 97-121 months 6 months imprisonment

CFO, SafeNet, Inc. (stipulated loss

(S.D.N.Y. 2008, amount)

1:07CR683)

Cole, Robert Pled guilty to securities fraud. $509,000 30-37 months 12 months and 1 day

Sales Rep., Diebold imprisonment

(N.D. Ohio 2008,

5:08CR327)

Correll, Travis Pled guilty to wire fraud (related to $29 million 188-235 months 108 months

(N.D. Ga. 2008, Ponzi scheme). (ordered in imprisonment, $29

1:07CR365) restitution) million restitution,
(Mr. Correll was
initially sentenced to
144 months. He later
received a further
reduction, under Rule
35, based on his
cooperation.)

Ferguson, Ronald Convicted at trial of conspiracy, $544 million Life imprisonment 24 months

CEO, General Reinsurance | securities fraud, false statements to imprisonment

Corp. SEC, and mail fraud.

(D. Conn. 2008,

3:06CR137)

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Case Conviction Loss Amount Guideline Range Sentence
Jacobowitz, Jacob Pled guilty to making false statements $30 million 168-210 months, however, statutory | 84 months
Executive VP, Allou in reports to the SEC. maximum was 120 months. imprisonment, $30
Healthcare million restitution
(E.D.N.Y. 2007,
1:04CR558)
Kohler, Raquel Pled guilty to conspiracy to commit $471 million 324-405 months, but statutory 60 months
CFO, Mutual Benefit securities fraud. maximum was 120 months. imprisonment, $471
Corp. million restitution
(S.D. Fla. 2007,
1:07CR20446)
Ledee, William Founder of fictitious insurance $21.6 million The PSR reported a total offense 70 months
(N.D. Ga. 2007, company. Pled guilty to making false level of 51 and criminal history imprisonment, $21.6
1:05CR015) financial statements, engaging in category II, resulting in a guideline | million restitution.
business of insurance as a convicted range of LIFE (Judge varied below
felon, mail fraud, conspiracy to agreement’s sentence
commit money laundering, etc. cap of 7.5 years.)
Milton, Christian Convicted of various counts of fraud. Life imprisonment 48 months
AIG, Vice President imprisonment
(D. Conn. 2009,
3:06CR137)
Olis, Jamie Convicted at trial of: (1) conspiracy to | $79 million 151-181 months 72 months
Tax Lawyer, Dynegy commit securities fraud, mail fraud, imprisonment
(S.D. Tex. 2006, wire fraud, (2) securities fraud, (3) (originally sentenced to
4:03CR217) mail fraud, and (4) wire fraud. 292 months (within the
original guideline range
of 292-365 months);
sentence remanded
from the Fifth Circuit
Court of Appeals and

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Case

Conviction

Loss Amount

Guideline Range

Sentence

sentence reduced by
District Court Judge
based on Booker and
after considering the
sentencing guidelines
and policy statements)

Parris, Lennox

Convicted at trial of conspiracy to Between $2.5 and | 360 months to life 60 months
Director, Queench, Inc. commit securities fraud, securities $7 million imprisonment
(E.D.N.Y. 2008, fraud, conspiracy to commit witness
1:05CR636) tampering, and witness tampering.
Parris, Lester Convicted at trial of conspiracy to Between $2.5 and | 360 months to life 60 months
Director, Queench, Inc. commit securities fraud, securities $4.9 million imprisonment
(E.D.N.Y. 2008, fraud, conspiracy to commit witness
1:05CR636) tampering, and witness tampering.
Richards, Stephen Pled guilty to conspiracy to commit $2.2 billion Life imprisonment under 2005 84 months
Sr. Vice President, securities fraud and wire fraud, (according to guidelines; 151-188 months under imprisonment

Computer Associates

securities fraud, false statements to

Government’s

1998 guidelines (unclear how

(E.D.N.Y 2006, SEC, conspiracy to obstruct justice, sentencing District Court resolved dispute over

1:04CR846) obstruction of justice, and perjury. memorandum) which version should apply)

Turkcan, Mark Pled guilty to misapplication of bank $35 million 63-78 months provided by the 12 months & 1 day
President, First Bank money. Government; 97-121 months imprisonment, $24.6
Mortgage provided by the Probation Office million restitution
(E.D. Mo. 2009,

4:08CR428)

Whittier, John Pled guilty to securities fraud, failure $88 million 188-235 months 36 months
Manager, Wood River to disclose ownership in excess of 5% (ordered in imprisonment, $88
Partners of publicly traded security, and failure | restitution) million restitution

(S.D.N.Y. 2007,

to disclose ownership in excess of 10%

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Case

Conviction

Loss Amount

Guideline Range

Sentence

1:07CR087)

of publicly traded security.

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