Judgment in a Criminal Case — United States v. Anthony Faustin (S.D. Fla., Dkt. 37)

Summary

Judgment in a Criminal Case in United States of America v. Anthony Faustin, Case Number 1:23-CR-20275-RAR(1), in the U.S. District Court for the Southern District of Florida, Miami Division, entered 12/07/2023 as Document 37, with Rodolfo A. Ruiz II, United States District Judge named and a date of imposition of December 7, 2023. The Defendant pleaded guilty to counts 1 and 13 of the Indictment: 18 U.S.C. § 1349, Conspiracy to commit wire fraud, and 18 U.S.C. § 1028A(a)(1), Aggravated identity theft, each with offense ended 06/01/2021. The judgment imposes a total term of 32 months, consisting of 8 months as to Count One and 24 months as to Count 13, to run consecutively, with three (3) years of supervised release. It lists a $200.00 assessment and restitution of $104,800.10.

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Cite this document

“Judgment in a Criminal Case — United States v. Anthony Faustin (S.D. Fla., Dkt. 37).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cr-20275-dkt-37-s-d-fla-9b8c80a620/, SHA-256 5cfe668ccb8f69abffd993edbd3a1b42a6ec123e54cc6b43e35051e20496e9d3.

Full text

Case 1:23-cr-20275-RAR Document 37 Entered on FLSD Docket 12/07/2023 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
v. §
§ Case Number: 1:23-CR-20275-RAR(1)
ANTHONY FAUSTIN § USM Number: 67771-510
§
§ Counsel for Defendant: George Thomas Pallas
§ Counsel for United States: Dan Bernstein

THE DEFENDANT:
☒ pleaded guilty to count(s) 1 and 13 of the Indictment

The Defendant is adjudicated guilty of these offenses:

Title & Section / Nature of Offense Offense Ended Count

18 U.S.C. § 1349 - Conspiracy to commit wire fraud 06/01/2021 1
18 U.S.C. § 1028A(a)(1) - Aggravated identity theft 06/01/2021 13

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.

☒ All remaining Counts 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.

December 7, 2023
Date of Imposition of Judgment

Signature of Judge

RODOLFO A. RUIZ II
UNITED STATES DISTRICT JUDGE
Name and Title of Judge

December 7, 2023
Date
Case 1:23-cr-20275-RAR Document 37 Entered on FLSD Docket 12/07/2023 Page 2 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 2 of 7

DEFENDANT: ANTHONY FAUSTIN
CASE NUMBER: 1:23-CR-20275-RAR(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 32 months. This term consists of 8 months as to Count One and 24 months as to Count 13. Terms
to run consecutively.

☒ The Court makes the following recommendations to the Bureau of Prisons:
• Designation in or as near to the Southern District of Florida as possible.

☒ The Defendant will surrender for service of sentence at the institution designated by the Bureau of Prisons
or, if not yet designated, at the office of the United States Marshals Service for the Southern District of
Florida before 12:00 PM on January 8, 2024.

RETURN
I have executed this judgment as follows:

Defendant delivered on ________________________________________ to ________________________________________

at ________________________________________, with a certified copy of this judgment.

___________________________________________
UNITED STATES MARSHAL

___________________________________________
DEPUTY UNITED STATES MARSHAL
Case 1:23-cr-20275-RAR Document 37 Entered on FLSD Docket 12/07/2023 Page 3 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 3 of 7

DEFENDANT: ANTHONY FAUSTIN
CASE NUMBER: 1:23-CR-20275-RAR(1)

SUPERVISED RELEASE

Upon release from imprisonment, the Defendant shall be on supervised release for a term of three (3) years.
This term consists of three (3) years as to Count One and one (1) year as to Count 13, to run concurrently.

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 1:23-cr-20275-RAR Document 37 Entered on FLSD Docket 12/07/2023 Page 4 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 4 of 7

DEFENDANT: ANTHONY FAUSTIN
CASE NUMBER: 1:23-CR-20275-RAR(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 1:23-cr-20275-RAR Document 37 Entered on FLSD Docket 12/07/2023 Page 5 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 5 of 7

DEFENDANT: ANTHONY FAUSTIN
CASE NUMBER: 1:23-CR-20275-RAR(1)

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.

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.

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 1:23-cr-20275-RAR Document 37 Entered on FLSD Docket 12/07/2023 Page 6 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 6 of 7

DEFENDANT: ANTHONY FAUSTIN
CASE NUMBER: 1:23-CR-20275-RAR(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 $200.00 $104,800.10 $.00

☒ 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.

NAME OF PAYEE TOTAL LOSS*** RESTITUTION ORDERED
Clerk, U.S. District Court $104,800.10 $104,800.10

Restitution with Imprisonment - It is further ordered that the Defendant shall pay restitution in the amount of
$104,800.10. 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 1:23-cr-20275-RAR Document 37 Entered on FLSD Docket 12/07/2023 Page 7 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 7 of 7

DEFENDANT: ANTHONY FAUSTIN
CASE NUMBER: 1:23-CR-20275-RAR(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 $200.00 due immediately.

It is ordered that the Defendant shall pay to the United States a special assessment of $200.00 for Counts 1 and
13, 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.

☒ 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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