Judgment — U.S. v. Kenneth Andrew Lathon (C.D. Cal.)
Summary
A judgment and probation/commitment order in United States of America v. Kenneth Andrew Lathon, Docket No. ED CR 22-00230-FMO, in the U.S. District Court for the Central District of California, filed July 18, 2024 as Document 59. Lathon, with retained counsel Jenae McDonald, was convicted on a guilty plea of conspiracy to commit mail and wire fraud under 18 U.S.C. § 1349, aggravated identity theft and felon in possession of firearms under 18 U.S.C. § 922(g)(1). The sentence is 54 months, consisting of 30 months each on Counts One and Three concurrently and 24 months on Count Two consecutively, followed by two (2) years of supervised release. The order imposes $998,630 in restitution to the California Employment Development Department, jointly and severally with a co-participant, and a $300 special assessment, and is signed by U.S. District Judge Fernando M. Olguin.
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“Judgment — U.S. v. Kenneth Andrew Lathon (C.D. Cal.).”
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Case 5:22-cr-00230-FMO Document 59 Filed 07/18/24 Page 1 of 6 Page ID #:378
United States District Court JS-3
Central District of California
UNITED STATES OF AMERICA vs. Docket No. ED CR 22-00230-FMO
Defendant KENNETH ANDREW LATHON Social Security No. 5 1 7 5
Latmon, Kenneth; Lathom, Kenneth Anthony;
Lathom, Shawn; Lathom, Kenneth Andrew; (Last 4 digits)
akas: Lathoh, Kenneth Andrew; Miller, Mark
MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 07 17 2024
COUNSEL Jenae McDonald, Retained Counsel
(Name of Counsel)
PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
FINDING There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Count 1: Conspiracy to Commit Mail and Wire Fraud 18 U.S.C. § 1349
Count 2: Aggravated Identity Theft 18 U.S.C. § 1028(a)(1)
Count 3: Felon in Possession of Firearms 18 U.S.C. § 922(g)(1)
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
COMM Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the
ORDER custody of the Bureau of Prisons to be imprisoned for a term of: 54 MONTHS.
Defendant Kenneth Andrew Lathon ("defendant") is hereby committed to the custody of the Bureau of
Prisons ("BOP") for a term of 54 months. This term consists of 30 months each on Count One (1) and Count
Three (3), to be served concurrently, and 24 months on Count Two (2), to be served consecutively.
Upon release from imprisonment, defendant shall be placed on supervised release for a term of two (2)
years. This term consists of two (2) years on Count One (1) and Three (3) of the Information and one (1) year
on Count Two (2) of the Information, concurrently, under the following terms and conditions:
1. Defendant shall comply with the rules and regulations of the United States Probation & Pretrial
Services Office and Second Amended General Order 20-04, including the conditions of probation
and supervised release set forth in Section III of Second Amended General Order 20-04.
2. Defendant shall cooperate in the collection of a DNA sample.
3. During the period of community supervision, defendant shall pay the special assessment and
restitution in accordance with this judgment's orders pertaining to such payment.
4. Defendant shall refrain from any unlawful use of a controlled substance. Defendant shall submit
to one drug test within 15 days of release from custody and at least two periodic drug tests
thereafter, not to exceed eight tests per month, as directed by the Probation Officer.
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Case 5:22-cr-00230-FMO Document 59 Filed 07/18/24 Page 2 of 6 Page ID #:379
USA vs. KENNETH ANDREW LATHON Docket No.: ED CR 22-00230-FMO
5. Defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance,
judgments and any other financial gains to the Court-ordered financial obligation.
6. Defendant shall participate in an outpatient substance abuse treatment and counseling program
that includes urinalysis, breath or sweat patch testing, as directed by the Probation Officer.
Defendant shall 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 defendant and
defense counsel, may place 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 defendant has reverted to the use of
drugs. Defendant shall reside in the treatment program until discharged by the Program Director
and Probation Officer.
8. Defendant shall participate in and successfully complete a cognitive based life skills program, as
approved and directed by the Probation Officer.
9. Defendant shall not be employed by, affiliated with, own or control, or otherwise participate,
directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal
Deposit Insurance Corporation.
10. Defendant shall not be employed in any capacity wherein defendant has custody, control, or
management of defendant's employer's funds.
11. Defendant shall not engage, as whole or partial owner, employee or otherwise, in any business
involving loan programs, telemarketing activities, investment programs or any other business
involving the solicitation of funds or cold-calls to customers without the express approval of the
Probation Officer prior to engaging in such employment. Further, defendant shall provide the
Probation Officer with access to any and all business records, client lists, and other records
pertaining to the operation of any business owned, in whole or in part, by defendant, as directed
by the Probation Officer.
12. Defendant shall not be self-employed nor be employed in a position that does not provide regular
pay stubs with the appropriate deductions for taxes, unless approved by the Probation Officer.
13. Defendant shall not obtain or possess any driver's license, Social Security number, birth
certificate, passport or any other form of identification in any name, other than defendant's true
legal name, nor shall defendant use, any name other than defendant's true legal name without the
prior written approval of the Probation Officer.
14. Defendant shall submit defendant's person, property, house, residence, vehicle, papers,
computers, cell phones, other electronic communications or data storage devices or media, email
accounts, social media accounts, cloud storage accounts, or other areas under the defendant’s
control, to a search conducted by a United States Probation Officer or law enforcement officer.
Failure to submit to a search may be grounds for revocation. Defendant shall warn any other
occupants that the premises may be subject to searches pursuant to this condition. Any search
pursuant to this condition will be conducted at a reasonable time and in a reasonable manner upon
reasonable suspicion that the defendant has violated a condition of his supervision and that the
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Case 5:22-cr-00230-FMO Document 59 Filed 07/18/24 Page 4 of 6 Page ID #:381
USA vs. KENNETH ANDREW LATHON Docket No.: ED CR 22-00230-FMO
Clerk, U.S. District Court
July 18, 2024 By /s/ Vanessa Figueroa
Filed Date Deputy Clerk
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, state, or local 9. The defendant must not knowingly associate with any persons engaged
crime; in criminal activity and must not knowingly associate with any person
2. The defendant must report to the probation office in the federal convicted of a felony unless granted permission to do so by the probation
judicial district of residence within 72 hours of imposition of a officer. This condition will not apply to intimate family members, unless
sentence of probation or release from imprisonment, unless the court has completed an individualized review and has determined
otherwise directed by the probation officer; that the restriction is necessary for protection of the community or
3. The defendant must report to the probation office as instructed by rehabilitation;
the court or probation officer; 10. The defendant must refrain from excessive use of alcohol and must not
4. The defendant must not knowingly leave the judicial district purchase, possess, use, distribute, or administer any narcotic or other
without first receiving the permission of the court or probation controlled substance, or any paraphernalia related to such substances,
officer; except as prescribed by a physician;
5. The defendant must answer truthfully the inquiries of the probation 11. The defendant must notify the probation officer within 72 hours of being
officer, unless legitimately asserting his or her Fifth Amendment arrested or questioned by a law enforcement officer;
right against self-incrimination as to new criminal conduct; 12. For felony cases, the defendant must not possess a firearm, ammunition,
6. The defendant must reside at a location approved by the probation destructive device, or any other dangerous weapon;
officer and must notify the probation officer at least 10 days before 13. The defendant must not act or enter into any agreement with a law
any anticipated change or within 72 hours of an unanticipated enforcement agency to act as an informant or source without the
change in residence or persons living in defendant’s residence; permission of the court;
7. The defendant must permit the probation officer to contact him or 14. The defendant must follow the instructions of the probation officer to
her at any time at home or elsewhere and must permit confiscation implement the orders of the court, afford adequate deterrence from
of any contraband prohibited by law or the terms of supervision and criminal conduct, protect the public from further crimes of the
observed in plain view by the probation officer; defendant; and provide the defendant with needed educational or
8. The defendant must work at a lawful occupation unless excused by vocational training, medical care, or other correctional treatment in the
the probation officer for schooling, training, or other acceptable most effective manner.
reasons and must notify the probation officer at least ten days
before any change in employment or within 72 hours of an
unanticipated change;
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Case 5:22-cr-00230-FMO Document 59 Filed 07/18/24 Page 5 of 6 Page ID #:382
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 non-federal 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 the Probation 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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Case 5:22-cr-00230-FMO Document 59 Filed 07/18/24 Page 6 of 6 Page ID #:383
USA vs. KENNETH ANDREW LATHON Docket No.: ED CR 22-00230-FMO
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 (wpd 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 6 of 6
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