Amended Judgment in a Criminal Case — U.S. v. Lopez (D.N.J.)

Summary

An amended judgment in a criminal case in United States v. Bernard E. Lopez, No. 3:21-cr-00329-PGS, in the U.S. District Court for the District of New Jersey, filed December 15, 2021 as Document 29 and signed by U.S. District Judge Peter G. Sheridan. It amends the judgment of 12/9/2021 to correct a clerical mistake under Fed. R. Crim. P. 36. The defendant pleaded guilty on 4/21/2021 to Counts One and Two of the information, bank fraud under 18:1344 and theft of government funds under 18:641. The sentence is 30 months of imprisonment on each count, concurrent, with surrender on February 1, 2022, and 3 years of supervised release with financial disclosure and new debt restrictions. The judgment orders a $200.00 special assessment and restitution of $137,000.00 for distribution to Santander Bank.

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“Amended Judgment in a Criminal Case — U.S. v. Lopez (D.N.J.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-21-cr-00329-dkt-29-d-n-j-7649f82010/, SHA-256 8e88a9d94f48618ba171959c713d485f6a5fb7f6e4f4ba5447ce1a59b9260913.

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Case 3:21-cr-00329-PGS Document 29 Filed 12/15/21 Page 1 of 6 PageID: 179
A0245C (Mod. 0/NJ 12/06)Sheet 1 - Amended Judgment in a Criminal Case

UNITED STATES DISTRICT COURT
District of New Jersey

UNITED STATES OF AMERICA

V.
CASE NUMBER 3:21 -CR-00329-PGS-1
BERNARD E. LOPEZ

Defendant.

AMEN DED JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)

Date of Original Judgment: 12/9/202 1
Reason for Amendment: Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36)

The defendant, BERNARD E. LOPEZ, was represented by NICOLE WESTMORELAND.

The defendant pleaded guilty to count(s) One and Two of the INFORMATION on 4/21/2021. Accordingly, the court has
adjudicated that the defendant is guilty of the following offense(s):

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

18:1344&2 BANK FRAUD 10/2019 2/2020
- 1

18:641&2 THEFT OF GOVERNMENT FUNDS 6/26/2020 2

As pronounced on December 09, 2021, the defendant is sentenced as provided in pages 1 through 6 of this
judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

It is ordered that the defendant must pay to the United States a special assessment of $200.00 $100.00 on each -

of count(s) One and Two, which shall be due immediately. Said special assessment shall be made payable to the Clerk,
U.S. District Court.

It is further 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 any
material change in economic circumstances.

Signed this 15th day of December, 2021.

Peter G. Sheridan
U.S. District Judge

30134
Case 3:21-cr-00329-PGS Document 29 Filed 12/15/21 Page 2 of 6 PageID: 180
A0245C (Mod. 0/NJ 12/06)Sheet 2- Imprisonment

Judgment Page 2 of 6
-

Defendant: BERNARD E. LOPEZ
Case Number: 3:21-CR-00329-PGS-1

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
term of 30 months, on each of Counts One and Two to be served concurrently.

The Court makes the following recommendations to the Bureau of Prisons: Defendant be placed in an institution
close to home, and a facility where defendant may pursue career education workshops or apprenticeship courses.

The defendant will surrender for service of sentence at the institution designated by the Bureau of Prisons
February 1, 2022.

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 Marshal
Case 3:21-cr-00329-PGS Document 29 Filed 12/15/21 Page 3 of 6 PageID: 181
A0245C (Mod. 0/NJ 1 2106)Sheet 3 Supervised Release
-

Judgment Page 3 of 6
-

Defendant: BERNARD E. LOPEZ
Case Number: 3:21-CR-00329-PGS-1

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of 3 years, on each of Counts One
and Two to be served concurrently.

Within 72 hours of release from custody of the Bureau of Prisons, you must report in person to the Probation Office
in the district to which you are released.

While on supervised release, you must not commit another federal, state, or local crime, must refrain from any
unlawful use of a controlled substance and must comply with the mandatory and standard conditions that have been adopted
by this court as set forth below.

You must submit to one drug test within 15 days of commencement of supervised release and at least two tests
thereafter as determined by the probation officer.

You must cooperate in the collection of DNA as directed by the probation officer

If this judgment imposes a fine, special assessment, costs, or restitution obligation, it is a condition of supervised
release that you pay any such fine, assessments, costs, and restitution that remains unpaid at the commencement of the
term of supervised release.

You must comply with the following special conditions:

FINANCIAL DISCLOSURE

Upon request, you must provide the U.S. Probation Office with full disclosure of your financial records, including co
mingled income, expenses, assets and liabilities, to include yearly income tax returns. With the exception of the
financial accounts reported and noted within the presentence report, you are prohibited from maintaining and/or
opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or
business purposes, without the knowledge and approval of the U.S. Probation Office. You must cooperate with the
U.S. Probation Officer in the investigation of your financial dealings and must provide truthful monthly statements
of your income. You must cooperate in the signing of any authorization to release information forms permitting the
U.S. Probation Office access to your financial records.

NEW DEBT RESTRICTIONS

You are prohibited from incurring any new credit charges, opening additional lines of credit, or incurring any new
monetary loan, obligation, or debt, by whatever name known, without the approval of the U.S. Probation Office. You
must not encumber or liquidate interest in any assets unless it is in direct service of the fine and/or restitution
obligation or otherwise has the expressed approval of the Court.

SELF-EMPLOYMENT/BUSINESS DISCLOSURE

You must cooperate with the U.S. Probation Office in the investigation and approval of any position of self
employment, including any independent, entrepreneurial, or freelance employment or business activity. If approved
for self-employment, you must provide the U.S. Probation Office with full disclosure of your self-employment and
other business records, including, but not limited to, all of the records identified in the Probation Form 48F (Request
for Self Employment Records), or as otherwise requested by the U.S. Probation Office.
Case 3:21-cr-00329-PGS Document 29 Filed 12/15/21 Page 4 of 6 PageID: 182
A0245C (Mod. 0/NJ 12/06)Sheet 3a Supervised Release

Judgment Page 4 of 6
-

Defendant: BERNARD E. LOPEZ
Case Number: 3:21-CR-00329-PGS-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 fulitime 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.
Case 3:21-cr-00329-PGS Document 29 Filed 12/15/21 Page 5 of 6 PageID: 183
A0245C (Mod. 0/NJ 12/06)Sheet 3a - Supervised Release

Judgment Page 5 of 6
-

Defendant: BERNARD E. LOPEZ
Case Number: 3:21-CR-00329-PGS-1

STANDARD CONDITIONS OF SUPERVISION
13) You must follow the instructions of the probation officer related to the conditions of supervision.

For Official Use OnIy---US Probation Office

Upon a finding of a violation of probation or supervised release, I understand that the Court may (1) revoke supervision
or (2) extend the term of supervision and/or modify the conditions of supervision.

These conditions have been read to me. I fully understand the conditions, and have been provided a copy of them.

You shall carry out all rules, in addition to the above, as prescribed by the Chief U.S. Probation Officer, or any of his
associate Probation Officers.

(Signed)_________________________________________________________________________
Defendant Date

U.S. Probation Officer/Designated Witness Date
Case 3:21-cr-00329-PGS Document 29 Filed 12/15/21 Page 6 of 6 PageID: 184
A0245C (Mod. 0/NJ 12/06)Sheet 6 - Restitution and Forfeiture

Judgment Page 6 of 6
-

Defendant: BERNARD E. LOPEZ
Case Number: 3:21-CR-00329-PGS-1

RESTITUTION AND FORFEITURE

RESTITUTION

The defendant shall make restitution in the amount of $137,000.00. The Court will waive the interest requirement
in this case. Payments should be made payable to the U.S. Treasury and mailed to Clerk, U.S.D.C., 402 East State Street,
Rm 2020, Trenton, New Jersey 08608, for distribution to:

Santander Bank, Attn: Restitution
5 Whitter Street
Framingham, Massachusetts 01701.

The restitution is due immediately. It is recommended that you participate in the Bureau of Prisons Inmate Financial
Responsibility Program (IFRP). If you participate in the IFRP, the restitution will be from those funds at a rate
equivalent to $25 every 3 months. In the event the entire restitution is not paid prior to the commencement of
supervision, you must satisfy the amount due in monthly installment of no less than $25.00, to commence 30 days
after release from confinement.

Consent and Preliminary Order of Forfeiture filed.

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.

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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