Judgment in a Criminal Case — United States v. Brenda Hicks (Middle District of Georgia, Document 76)

Summary

Judgment in a Criminal Case against Brenda Hicks, No. 5:23-CR-00041-MTT-CHW (Middle District of Georgia). She pleaded guilty to Count 6, Conspiracy to Obstruct Justice under 18:1512(c)(1) and 18:1512(k), with an offense end date of 12/02/2019, and Counts 1-5 are dismissed on the motion of the United States. The imprisonment term is twelve (12) months plus one (1) day as to Count 6, followed by a three (3) year term of supervised release. The criminal monetary penalties table lists an assessment of $100.00 and restitution of $191,645.20. Judge Marc T. Treadwell signed the judgment, with imposition dated September 5, 2024.

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“Judgment in a Criminal Case — United States v. Brenda Hicks (Middle District of Georgia, Document 76).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-23-cr-00041-dkt-76-18165c1742/, SHA-256 51d9d402bfa3a590ec37de0d949d39239a69ee476467e04f5e7a848b9fb3b5ab.

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Case 5:23-cr-00041-MTT-CHW Document 76 Filed 09/10/24 Page 1 of 7

AO 245B Judgment in a Criminal Case
(Rev. 12/19) Sheet 1

UNITED STATES DISTRICT COURT
Middle District of Georgia
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V.
BRENDA HICKS Case Number: 5:23-CR-00041-MTT-CHW(1)
USM Number: 70047-510
BRIAN RAFFERTY
Defendant’s Attorney

THE DEFENDANT:
☒ pleaded guilty to count(s) 6
☐ pleaded nolo contendere to count(s)
which was accepted by the court.
☐ was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense Offense Ended Count
18:1512 (c)(1) and 18:1512(k) Conspiracy to Obstruct Justice 12/02/2019 6

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.
☐ The defendant has been found not guilty on count(s)

☒ Count(s) 1-5 ☐ is ☒ 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.
September 5, 2024
Date of Imposition of Judgment
s/ Marc T. Treadwell
Signature of Judge
MARC T. TREADWELL
UNITED STATES DISTRICT JUDGE
Name and Title of Judge
09/10/2024
Date
Case 5:23-cr-00041-MTT-CHW Document 76 Filed 09/10/24 Page 2 of 7

AO 245B Judgment in Criminal Case
(Rev. 12/19) Sheet 2 — Imprisonment

Judgment — Page 2 of 7
DEFENDANT: BRENDA HICKS
CASE NUMBER: 5:23-CR-00041-MTT-CHW(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: Twelve (12) months plus one (1) day as to Count 6.

☐ The court makes the following recommendations to the Bureau of Prisons:

☐ The defendant is remanded to the custody of the United States Marshal.

☐ The defendant shall surrender to the United States Marshal for this district:

☐ at ☐ a.m. ☐ p.m. on .

☐ as notified by the United States Marshal.

☒ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

☐ before 2 p.m. on .

☐ as notified by the United States Marshal.

☒ as notified by the Probation or Pretrial Services Office.

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 UNITED STATES MARSHAL
Case 5:23-cr-00041-MTT-CHW Document 76 Filed 09/10/24 Page 3 of 7

AO 245B Judgment in a Criminal Case
(Rev. 12/19) Sheet 3 — Supervised Release
Judgment—Page 3 of 7
DEFENDANT: BRENDA HICKS
CASE NUMBER: 5:23-CR-00041-MTT-CHW(1)

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of: Three (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. (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 the location
where 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 other conditions on the
attached page.
Case 5:23-cr-00041-MTT-CHW Document 76 Filed 09/10/24 Page 4 of 7

AO 245B Judgment in a Criminal Case
(Rev. 12/19) Sheet 3A — Supervised Release
Judgment—Page 4 of 7
DEFENDANT: BRENDA HICKS
CASE NUMBER: 5:23-CR-00041-MTT-CHW(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. For further information regarding these conditions, see Overview
of Probation and Supervised Release Conditions, available at: www.uscourts.gov.

Defendant’s Signature Date
USPO Officer’s Signature Date
Case 5:23-cr-00041-MTT-CHW Document 76 Filed 09/10/24 Page 5 of 7

AO 245B Judgment in a Criminal Case
(Rev. 12/19) Sheet 3D — Supervised Release
Judgment—Page 5 of 7
DEFENDANT: BRENDA HICKS
CASE NUMBER: 5:23-CR-00041-MTT-CHW(1)

SPECIAL CONDITIONS OF SUPERVISION
• You shall provide financial information to the Probation Officer upon request.
• You are prohibited from incurring new credit charges or opening additional lines of credit without approval of the Probation Office.
• You shall not be self-employed, nor shall you be employed by friends, relatives, or persons previously known to him, unless approved by
the probation officer. You will not accept or begin employment without prior approval of the probation officer, and the employment shall
be subject to continuous review and verification. You shall not work for cash and shall provide regular pay stubs to the probation officer
reflecting appropriate deductions for taxes. You shall not work for any company that contracts with the United States government or
contracts with companies providing work for the United States government.
• You shall not own, operate, or work for any company or practice that submits claims to, or receives payment from, any health care benefit
programs.
• You shall notify the Financial Litigation Unit (FLU) of the United States Attorney’s Office of any interest in property obtained directly or
indirectly, including any interest obtained under any other name or entity, including a trust, partnership, or corporation, after the execution
of the plea agreement until the fine and/or restitution is paid in full.
• You shall notify the FLU before transferring any interest in property owned directly or indirectly, including any interest held or owned
under any other name or entity, including trusts, partnerships, and/or corporations.
• You shall not make no future transfer of assets for the purpose of evading or defeating financial obligations created by your plea agreement
or imposed by the Court.
• You must notify the Court of any material change in your economic circumstances that may affect your ability to pay restitution, fines,
or special assessments.
• You shall submit your person, property, house, residence, vehicle, papers, computers (as defined by 18 U.S.C. § 1030(e)(1)), other
electronic communications or data storage devices or media, or office, to a search conducted by a United States Probation Officer. Failure
to submit to a search may be grounds for revocation of release. The Defendant shall warn any other occupants that the premises may be
subject to searches pursuant to this condition.
• You shall submit your computer, associated hardware, cellular devices and digital media for review by the Probation Office. The review
may include data you have stored on remote servers, such as cloud storage, social media applications or any other online account or service.
• You shall provide the Probation Office with truthful and complete information regarding all computer hardware, software, Internet
providers, cellular devices and storage media to which you have access, whether at home, work, or other locations. You shall also provide
all passwords used on your computer, cellular devices and online accounts.
• You are only authorized to use computers or cellular devices that are approved by the Probation Office. Any computer or cellular device in
your residence or possession must be approved by the Probation Office.
• You shall not own or possess any type of camera, photographic device or video producing device without the approval of the Probation
Office.
• You shall not use any network or Internet connection other than those which are authorized by the Probation Office.
• You are prohibited from access to the Internet or any public or private computer network at any location unless approved by the Probation
Office. This includes but is not limited to computers or devices located in private homes, libraries, schools, cyber cafes or other public or
private locations.
• You shall not use or own any device which allows Internet access unless approved by the Probation Office. This includes but is not limited
to PDAs, electronic games, Internet appliances and cellular devices.
• All repairs to your authorized computer systems and cellular devices must be pre- approved by the Probation Office. Repairs must be
performed by repair locations approved by the Probation Office. Documentation indicating repairs and reason for repairs must be obtained
and submitted to the Probation Office.
• You shall not make modifications or install software on authorized computer systems or cellular devices without pre-approval by the
Probation Office.
• You shall not dispose of computers, storage devices or other Internet capable devices without the approval of the Probation Office.
• You will allow the Probation Office to use detection tools to discover the existence of wireless Internet signals or devices at your residence.
• You shall relinquish possession of your computer and associated hardware and media to the Probation Office at the onset of supervision, if
a review cannot be completed onsite or if prohibited content is discovered.
• You shall not possess or use removable media configured with bootable operating systems or portable web browsers.
• You shall notify all parties who reside in your residence of these conditions.
• You shall obtain approval and authorization by the Probation Office prior to establishing and/or accessing email accounts, chat rooms,
instant messaging services, social networking sites, peer-to-peer networks or other online environments.
Case 5:23-cr-00041-MTT-CHW Document 76 Filed 09/10/24 Page 6 of 7

AO 245B Judgment in a Criminal Case
(Rev. 12/19) Sheet 5 — Criminal Monetary Penalties

Judgment — Page 6 of 7
DEFENDANT: BRENDA HICKS
CASE NUMBER: 5:23-CR-00041-MTT-CHW(1)

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $100.00 $191,645.20 $.00 $.00 $.00

☐ The determination of restitution is deferred until entered An Amended Judgment in a Criminal Case (AO245C) will be
after such determination.
☐ 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, 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
before the United States is paid.
Restitution of $191,645.20 to:

Amerigroup Anthem, Inc. Peach State Centre
ATTN: Haley Everson Special Investigations Unit
Special Investigations Unit ATTN: Refund
740 W. Peachtree Street, NW 7700 Forsyth Blvd., 5th Floor, Room 519
Atlanta, GA 30308 Clayton, MO 63105
$1,246.36 $1,159.60
Anthem Blue Cross and Blue Shield TRICARE
ATTN: Kristine Polasky Defense Health Agency
Case: C-2024-6645 ATTN: CRM
Special Investigations Unit 16401 E. Centretech Pkwy
740 W. Peachtree Street, NW Aurora, CO 80011
Atlanta, GA 30308 $108,335.87
$26,694.92
Georgia Medicaid (FFS) Veterans Administration
Georgia Department of Community Health Financial Services Center
ATTN: Restitutions 1615 Woodward Street
PO Box 734682 Austin, TX 78772
Dallas, TX 75373 $18,675.81
$28,752.26
Medicare
CMS – Division of Accounting Operations
PO Box 7520
Baltimore, MD 21207-0520
$6,780.38

☐ Restitution amount ordered pursuant to plea agreement $
☒ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before
the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be
subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
☐ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
☐ the interest requirement is waived for the ☐ fine ☐ restitution
☐ the interest requirement for the ☐ fine ☐ restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub.L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** 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 5:23-cr-00041-MTT-CHW Document 76 Filed 09/10/24 Page 7 of 7

AO 245B Judgment in a Criminal Case
(Rev. 12/19) Sheet 6 — Schedule of Payments

Judgment — Page 7 of 7
DEFENDANT: BRENDA HICKS
CASE NUMBER: 5:23-CR-00041-MTT-CHW(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 payment of $ due immediately, balance due

☐ not later than , or
☐ in accordance with ☐ C, ☐ D ☐ E, or ☐ F below; or
B ☒ Payment to begin immediately (may be combined with ☐ C, ☐ D, or ☒ F below); or
C ☐ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D ☐ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or

E ☐ Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F ☒ Special instructions regarding the payment of criminal monetary penalties:
Any criminal monetary penalty ordered by the court shall be due and payable in full immediately. Present and future Assets are subject to
enforcement and may be included in the treasury offset program allowing qualified federal benefits to be applied to the balance of criminal
monetary penalties.

Payment during the term of supervised release will commence within 60 days after release from imprisonment. The court will set the payment
plan based on an assessment of the defendant’s ability to pay at that time. (fine/restitution) payment shall be due during the period of
imprisonment at the rate of not less than $25 per quarter and pursuant to the bureau of prisons’ financial responsibility program. The value of
any future assets may be applied to offset the balance of criminal monetary penalties. The defendant may be included in the treasury offset
program, allowing qualified benefits to be applied to offset the balance of any criminal monetary penalties.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of 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.

☐ Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

☐ The defendant shall pay the cost of prosecution.

☐ The defendant shall pay the following court cost(s):

☐ The defendant shall forfeit the defendant’s interest in the following property to the United States:

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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