Amended Judgment — U.S. v. Evan Graves (M.D. Fla.)

Summary

An Amended Judgment in a Criminal Case in United States of America v. Evan Graves, Case Number 2:23-cr-144-SPC-KCD, in the U.S. District Court for the Middle District of Florida, Fort Myers Division, filed September 12, 2024 as Document 76, amending the original judgment of June 11, 2024. It states it was amended to add restitution amounts as ordered by the Court at the Restitution Hearing (Doc. 73), with the amended judgment imposed September 3, 2024. The defendant remains adjudicated guilty of Wire Fraud under 18 U.S.C. § 1343, with 18-MONTHS of imprisonment and 3-YEARS of supervised release. Restitution of $708,232.85 is payable to the SBA / Denver Finance Center across listed SBA loan numbers, alongside a $100.00 assessment and a $10,000.00 fine. The judge named is United States District Judge Sheri Polster Chappell.

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“Amended Judgment — U.S. v. Evan Graves (M.D. Fla.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-cr-00144-dkt-76-m-d-fla-7633349b05/, SHA-256 73740c6749ccdc6bbe6e96b50f96ec42830b6b41e50dd5e5c629ad0e28efc342.

Full text

Case 2:23-cr-00144-SPC-KCD Document 76 Filed 09/12/24 Page 1 of 7 PageID 463Page 1 of 7

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

UNITED STATES OF AMERICA

v. Case Number: 2:23-cr-144-SPC-KCD

EVAN GRAVES USM Number: 91424-510

Date of Original Judgment: June 11, 2024 Paul D. Petruzzi, Retained
Law Offices of Paul D. Petruzzi, PA
8101 Biscayne Blvd., PH-701
Miami, FL 33138

AMENDED 1
JUDGMENT IN A CRIMINAL CASE
Defendant pleaded guilty to Count One of the Information. Defendant is adjudicated guilty of this offense:

Date Offense Count
Title & Section Nature of Offense Concluded Number(s)

18 U.S.C. § 1343 Wire Fraud July 23, 2020 One

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.

IT IS ORDERED that 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 shall notify the court and United States Attorney of any material change
in the defendant’s economic circumstances.

Date of Imposition of Judgment: June 10, 2024
Date of Imposition of Amended Judgment: September 3, 2024

______________________________________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE

September 12, 2024
»

1
Amended to add restitution amounts as ordered by the Court at Restitution Hearing (See Hearing Minutes at Doc. 73).

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Case 2:23-cr-00144-SPC-KCD Document 76 Filed 09/12/24 Page 2 of 7 PageID 464Page 2 of 7
Evan Graves
2:23-cr-144-SPC-KCD

IMPRISONMENT

Defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total
term of 18-MONTHS.

The Court makes the following recommendations to the Bureau of Prisons:

• Incarceration in a facility close to home (Fort Myers, FL).

Defendant shall surrender to the United States Marshal for this district no later than 2:00pm on July 25, 2024, unless
otherwise directed by the Bureau of Prisons.

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 U.S. Marshal

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Case 2:23-cr-00144-SPC-KCD Document 76 Filed 09/12/24 Page 3 of 7 PageID 465Page 3 of 7
Evan Graves
2:23-cr-144-SPC-KCD

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of 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.
4. Defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute
authorizing a sentence of restitution.
5. Defendant shall cooperate in the collection of DNA, as directed by the probation officer.

The defendant shall comply with the standard conditions that have been adopted by this court as well as any other
conditions on the attached page.

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Case 2:23-cr-00144-SPC-KCD Document 76 Filed 09/12/24 Page 4 of 7 PageID 466Page 4 of 7
Evan Graves
2:23-cr-144-SPC-KCD

STANDARD CONDITIONS OF SUPERVISION
As part of Defendant’s supervised release, Defendant must comply with the following standard conditions of supervision.
These conditions are imposed because they establish the basic expectations for Defendant’s 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 Defendant’s conduct and condition.

1. Defendant must report to the probation office in the federal judicial district where Defendant is authorized to reside
within 72 hours of Defendant’s release from imprisonment, unless the probation officer instructs Defendant to report
to a different probation office or within a different time frame.
2. After initially reporting to the probation office, Defendant will receive instructions from the court or the probation
officer about how and when Defendant must report to the probation officer, and Defendant must report to the
probation officer as instructed.
3. Defendant must not knowingly leave the federal judicial district where Defendant is authorized to reside without first
getting permission from the court or the probation officer.
4. Defendant must answer truthfully the questions asked by Defendant’s probation officer
5. Defendant must live at a place approved by the probation officer. If Defendant plans to change where Defendant
lives or anything about Defendant’s living arrangements (such as the people Defendant lives with), Defendant 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, Defendant must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
6. Defendant must allow the probation officer to visit Defendant at any time at Defendant’s home or elsewhere, and
Defendant must permit the probation officer to take any items prohibited by the conditions of Defendant’s
supervision that the probation officer observes in plain view.
7. Defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation
officer excuses Defendant from doing so. If Defendant does not have full-time employment Defendant must try to
find full-time employment, unless the probation officer excuses Defendant from doing so. If Defendant plans to
change where Defendant works or anything about Defendant’s work (such as Defendant’s position or Defendant’s
job responsibilities), Defendant 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, Defendant must
notify the probation officer within 72 hours of becoming aware of a change or expected change.
8. Defendant must not communicate or interact with anyone Defendant knows is engaged in criminal activity. If
Defendant knows someone has been convicted of a felony, Defendant must not knowingly communicate or interact
with that person without first getting the permission of the probation officer.
9. If Defendant is arrested or questioned by a law enforcement officer, Defendant must notify the probation officer
within 72 hours.
10. Defendant 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. Defendant 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 Defendant poses a risk to another person (including an organization), the
probation officer may require Defendant to notify the person about the risk and Defendant must comply with that
instruction. The probation officer may contact the person and confirm that Defendant has notified the person about
the risk.
13. Defendant 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. For further information regarding these conditions, see Overview of
Probation and Supervised Release Conditions, available at: www.uscourts.gov.

Defendant’s Signature: Date:

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Case 2:23-cr-00144-SPC-KCD Document 76 Filed 09/12/24 Page 5 of 7 PageID 467Page 5 of 7
Evan Graves
2:23-cr-144-SPC-KCD

ADDITIONAL CONDITIONS OF SUPERVISED RELEASE

1. Defendant shall be prohibited from incurring new credit charges, opening additional lines of credit, or making an
obligation for any major purchases without approval of the Probation Officer.

2. Defendant shall provide the probation officer access to any requested financial information.

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Case 2:23-cr-00144-SPC-KCD Document 76 Filed 09/12/24 Page 6 of 7 PageID 468Page 6 of 7
Evan Graves
2:23-cr-144-SPC-KCD

CRIMINAL MONETARY PENALTIES
Defendant shall pay the following total criminal monetary penalties under the schedule of payments set forth in
the Schedule of Payments.
Assessment AVAA Assessment 2 JVTA Assessment 3 Fine Restitution

TOTALS $100.00 $0.00 $0.00 $10,000.00 $708,232.85

Defendant shall make restitution (including community restitution) to the following payees in the amount listed
below.

If 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 in full prior to the United States receiving payment.

Name of Payee Restitution Ordered

SBA / Denver Finance Center $708,232.85
721 19th St
3rd Floor, Room 301
Denver, CO 80202
Re:
SBA Loan No. Amount
5504698103 $163,126.96
9433948008 $59,381.84
6898438102 $155,954.17
2138988102 $156,740.00
4046878106 $153,029.88
9433948008 $10,000.00
6898438102 $10,000.00

SCHEDULE OF PAYMENTS
Special assessment shall be paid in full and is due immediately.

Having assessed Defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

Payment during the term of supervised release will commence upon release from imprisonment. Upon release,
payments in equal monthly installments of $50.00 shall be made UNTIL PAID IN FULL.

Special Instructions regarding the payment of criminal monetary penalties:

While in the custody of the Bureau of Prisons, Defendant shall either (1) pay at least $25.00 quarterly if Defendant
has non-Unicor or (2) pay at least 50 percent of your monthly earnings if working Defendant has a Unicor position.
Upon release from custody, Defendant is ordered to begin making payments of $50.00 per month and this payment
schedule shall continue until paid in full or such time as the Court is notified by Defendant, the victim or the
government that there has been a material change in Defendant’s ability to pay. Restitution payments must include
the loan number for which the payment shall apply.

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a
period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment.

2
Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
3
Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Case 2:23-cr-00144-SPC-KCD Document 76 Filed 09/12/24 Page 7 of 7 PageID 469Page 7 of 7
Evan Graves
2:23-cr-144-SPC-KCD

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, unless otherwise directed by
the court, the probation officer, or the United States attorney. When making restitution payments, the Clerk
of Court is directed to include the loan number for which the payment shall apply.

Defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

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.

FORFEITURE
Defendant shall forfeit to the United States those assets previously identified in the Information (Doc. 1), Plea
Agreement (Doc. 5) and Order of Forfeiture (Doc. 28), that are subject to forfeiture.

AO 245B (Rev. 09/19) Judgment in a Criminal Case

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