Judgment — U.S. v. Keith Burns (C.D. Cal.)
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A Judgment and Probation/Commitment Order for Keith Burns, Docket No. EDCR22-00150-JGB-8, in the U.S. District Court for the Central District of California, filed July 31, 2023 as Document 233 in Case 5:22-cr-00150-JGB. Burns, with counsel David Kaloyanides, CJA, pleaded guilty to conspiracy to commit mail fraud under 18 U.S.C. § 1349 (Count One) and mail fraud under 18 U.S.C. § 1341 (Count Six). The court imposes a term of time served on both counts, concurrent, and two (2) years of supervised release. It orders a special assessment of $200 and restitution of $177,488 to the California Employment Development Department, and makes the preliminary order of forfeiture final. The order names Honorable Jesus G. Bernal, U. S. District Judge.
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“Judgment — U.S. v. Keith Burns (C.D. Cal.).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-22-cr-00150-dkt-233-c-d-cal-6611c5f4c4/
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Case 5:22-cr-00150-JGB Document 233 Filed 07/31/23 Page 1 of 6 Page ID #:1386
Case 5:22-cr-00150-JGB Document 233 Filed 07/31/23 Page 2 of 6 Page ID #:1387
USA vs. Keith Burns Docket No.: EDCR22-00150-JGB-8
abstain from using alcohol and illicit drugs, and from abusing prescription medications during the period of
supervision.
7. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense
counsel, may place the defendant in a residential drug treatment program approved by the U.S. Probation
and Pretrial Services Office for treatment of narcotic addiction or drug dependency, which may include
counseling and testing, to determine if the defendant has reverted to the use of drugs. The defendant shall
reside in the treatment program until discharged by the Program Director and Probation Officer.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due
immediately.
It is ordered the defendant shall pay restitution in the total amount of $177,488 pursuant to Title 18, United
States Code, Section 3663(a). The amount of restitution ordered shall be paid as follows: to the victim California
Employment Development Department in the amount of $177,488.
Nominal monthly payments of at least 10% of the defendant's gross monthly income but not less than $100,
whichever is greater, shall be made during the period of supervised release and shall begin 90 days after the
commencement of supervision. Nominal restitution payments are ordered as the Court finds that the defendant's
economic circumstances do not allow for either immediate or future payment of the amount ordered.
The defendant shall be held jointly and severally liable with co-participants, Robert Campbell Jr., Regjinay
Audreana Tate, Shelbi Dupree, Greg Henderson, Brandon Gully, Simone Gueringer, and Dillon Roberts (Docket No.
5:22CR00150) to the extent that said co-participants are determined liable for the same victim losses ordered in this
judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases
if and when the victims receive full restitution.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does
not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18
U.S.C. § 3612(g).
The defendant shall comply with second amended General Order 20-04.
Pursuant to guideline section 5E1.2(a) all fines are waived as the Court finds the defendant has established that
she is unable to pay and is not likely to become able to pay any fine.
The Court has found that the property identified in the preliminary order of forfeiture is subject to forfeiture.
The preliminary order is incorporated by reference into this judgment and is final.
The Court informs the defendant of his right to appeal.
Upon the Government’s motion, all remaining counts are dismissed in the interest of justice.
The bond is hereby exonerated.
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USA vs. Keith Burns Docket No.: EDCR22-00150-JGB-8
The defendant must comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
1. The defendant must not commit another federal, 9. The defendant must not knowingly associate with
state, or local crime; any persons engaged in criminal activity and must
2. The defendant must report to the probation office in not knowingly associate with any person convicted
the federal judicial district of residence within 72 of a felony unless granted permission to do so by
hours of imposition of a sentence of probation or the probation officer. This condition will not apply
release from imprisonment, unless otherwise to intimate family members, unless the court has
directed by the probation officer; completed an individualized review and has
3. The defendant must report to the probation office as determined that the restriction is necessary for
instructed by the court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the 10. The defendant must refrain from excessive use of
judicial district without first receiving the alcohol and must not purchase, possess, use,
permission of the court or probation officer; distribute, or administer any narcotic or other
5. The defendant must answer truthfully the inquiries controlled substance, or any paraphernalia related
of the probation officer, unless legitimately to such substances, except as prescribed by a
asserting his or her Fifth Amendment right against physician;
self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer
6. The defendant must reside at a location approved by within 72 hours of being arrested or questioned by
the probation officer and must notify the probation a law enforcement officer;
officer at least 10 days before any anticipated 12. For felony cases, the defendant must not possess a
change or within 72 hours of an unanticipated firearm, ammunition, destructive device, or any
change in residence or persons living in defendant’s other dangerous weapon;
residence; 13. The defendant must not act or enter into any
7. The defendant must permit the probation officer to agreement with a law enforcement agency to act as
contact him or her at any time at home or elsewhere an informant or source without the permission of
and must permit confiscation of any contraband the court;
prohibited by law or the terms of supervision and 14. The defendant must follow the instructions of the
observed in plain view by the probation officer; probation officer to implement the orders of the
8. The defendant must work at a lawful occupation court, afford adequate deterrence from criminal
unless excused by the probation officer for conduct, protect the public from further crimes of
schooling, training, or other acceptable reasons and the defendant; and provide the defendant with
must notify the probation officer at least ten days needed educational or vocational training, medical
before any change in employment or within 72 care, or other correctional treatment in the most
hours of an unanticipated change; effective manner.
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USA vs. Keith Burns Docket No.: EDCR22-00150-JGB-8
X The defendant must also comply with the following special conditions (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
must be delivered to:
United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012
or such other address as the Court may in future direct.
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).
The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).
Payments will be applied in the following order:
1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS
As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement,
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan
or open any line of credit without prior approval of the Probation Officer.
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.
The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
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USA vs. Keith Burns Docket No.: EDCR22-00150-JGB-8
RETURN
I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
By
Date Deputy Marshal
CERTIFICATE
I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court
By
Filed Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) 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.
(Signed)
Defendant Date
U. S. Probation Officer/Designated Witness Date
CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 6 of 6
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