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Government’s Sentencing Memorandum — United States v. Lauren Knox, No. 3:22cr33 (OAW) (Dkt. 261, D. Conn.)

Summary

Prosecutors in the District of Connecticut say Lauren Knox and Michael DiMassa conspired to defraud West Haven of $147,776 by submitting fake invoices for services the city never received. DiMassa submitted payment requests for a Youth Violence Prevention Program and for Youth Violence COVID-19 Associated Expenses, with checks made out to Knox, who cashed them and passed part of the proceeds to DiMassa. Over about ten months the city issued sixteen checks totaling $147,776.10 to Knox, who provided no services, the memorandum says. Knox pleaded guilty on July 12, 2022 to one count of conspiracy to commit wire fraud; the guidelines range is 12-18 months and a fine of $10,000 to $100,000. The government calls Knox the least culpable of the four defendants and asks for restitution of $147,776.10, jointly and severally with DiMassa.

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Full text

                      UNITED STATES DISTRICT COURT
                        DISTRICT OF CONNECTICUT



UNITED STATES OF AMERICA               :       Case No. 3:22cr33 (OAW)
                                       :
             v.                        :
                                       :
LAUREN KNOX                            :       March 9, 2023



              GOVERNMENT'S SENTENCING MEMORANDUM

                                    Introduction

      Lauren Knox and Michael DiMassa conspired to defraud West Haven of

$147,776 by submitting fake invoices for services never received by the

municipality. The defendant should be sentenced to a fair and just sentence in

light of her criminal conduct.

                                 Procedural History

      On July 12, 2022, the defendant pleaded guilty to one count of conspiracy to

commit wire fraud. In the plea agreement, the parties agreed that the defendant’s

base offense level under U.S.S.G. § 2B1.1 is seven and eight levels are added

because the loss exceeded $95,000 but was less than $150,000.

      After subtracting two levels for acceptance of responsibility, the final offense

level is 13. With a CHC of I, the defendant is exposed to term of incarceration of

12-18 months (Zone C) and a fine of $10,000 to $100,000. The probation officer’s

application of the Sentencing Guidelines is in accord with that anticipated by the


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parties in the plea agreement.

      After review of the PSR and the defendant’s sentencing memo, there do not

appear to be any disputed issues of either law or material fact in this case. Thus,

Court must determine what is a fair and just sentence under 18 U.S.C. § 3553(a).

      Sentencing is scheduled for March 23, 2023 at 10 am.

                                     Restitution

      The Court should order the defendant to pay restitution to the City of West

Haven in the amount of $147,776.10, such amount to be jointly and severally liable

with Michael DiMassa.

      To date, the defendant has not paid any restitution.

                                   Offense Conduct

   Michael Dimassa and the defendant carried out a scheme to defraud the City of

West Haven of money designed to be used to alleviate the economic impact of the

COVID-19 pandemic. Michael DiMassa submitted multiple fraudulent requests for

payment from the City of West Haven for services related to a Youth Violence

Prevention Program and for Youth Violence COVID-19 Associated Expenses. These

invoices listed charges for in-home counseling, cleaning supplies, special needs hourly

service, wi-fi assistance for low/moderate income families, counseling services, license

fees, a fall youth clinic, meals, support group supplies, equipment rental, and youth

clinic support group. The payment vouchers requested that checks be made out to

directly to the defendant.    DiMassa retrieved the checks from West haven and

delivered them to the defendant.


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   When the defendant received a payment, she cashed the check and then deposited

a portion of the proceeds into her personal bank account.           She provided the

remaining proceeds to Michael Dimassa. On one occasion, the defendant deposited

the entire proceeds from a check into her personal bank account for her personal use.

   During the period charged in this Indictment, the City of West Haven issued

sixteen checks totaling $147,776.10 to the defendant. During this period of time, the

defendant never provided any services to the City of West Haven.

                          Analysis of the § 3553(a) Factors

   Section 3553(a) directs the district court to consider a number of factors in

imposing a fair and just sentence. Each criminal case is different and emphasizes

different combinations of § 3553(a) factors. In this matter, the government believes

the most important § 3553(a) factors are the (1) the specific nature and

circumstances of the offense, (2) promoting respect for the law; (3) just punishment

and (4) general deterrence. As a backdrop to the Court’s consideration of these

factors, the government believes that of the four defendants involved in this case,

this defendant is the least culpable.

                 The Nature and Circumstances of the Offense

      The defendant’s crime constitutes a serious offense.       The defendant stole

municipal money. But what makes this crime even more serious is that a portion of

the money was designed to help West Haven residents cope with a pervasive

pandemic. The theft of 147K of municipal funds is a serious crime that warrants a

serious punishment.


                                          3
      The defendant argues that she should receive a reduced sentence because her

conduct was aberrational and that she has exceptional family circumstances. The

defendant concedes in her brief that her conduct was not aberrational as that term is

used in the Sentencing Guidelines to mitigate sentences, but instead was

“uncharacteristic.” See Def’s Brief at 7. But the defendant’s behavior occurred over

a period of ten months and involved sixteen checks.        As part of the scheme, the

defendant went to the bank sixteen times to cash checks that she knew involved

stolen money from West Haven. Then she would give a portion of the proceeds to

DiMassa. For the latter part of the scheme, the checks involved money stolen from

West Haven’s Covid relief fund.

      This was neither a single act nor short-lived scheme. The defendant engaged

in criminal activity for almost a year. As such, it can hardly be said that her criminal

conduct was “aberrant” or “uncharacteristic.” After ten months, cashing checks with

stolen money became routine for her. And she and DiMassa only stopped when they

were caught by federal authorities. As such, this a serious crime over an extended

period of time that deserves a sentence reflective of that reality.

      The government agrees that the Court should consider the defendant’s

childcare responsibilities when fashioning a just sentence in this case under

§ 3553(a). Section 5H1.6, which governs departures form the Guidelines, counsels

that “family ties and responsibilities are not ordinarily relevant in determining

whether a departure may be warranted.” Further, the defendant’s claim that she

lacks a criminal history is not unusual in cases such as these. The lack of a prior


                                           4
criminal history is common among many white-collar defendants that come before

this Court. Indeed, it appears as if three of the four defendants involved in this

case have no prior criminal history. And although she is a first-time offender, her

crime was substantial. Actions have consequences.

          The Sentence Must Promote Respect for the Law, Provide Just
                Punishment and Offer General Deterrence

      The sentence in this case must promote respect for the law. Here, the law

prohibits the theft of public funds from citizens. The punishment must be just and

reflect the fact that the defendant’s crime impacted the West Haven community.

And considering the crime involved funds were specifically earmarked to address an

ongoing historic pandemic, the Court must fashion an appropriate sentence that

recognize the seriousness of this crime while balancing the specific nature and

characteristics of this defendant.

      The government agrees with the defendant’s assertion that specific

deterrence is not an important consideration under § 3553(a) in this this case. But

the Court should consider general deterrence in fashioning a fair and just sentence.

The defendant stole money for almost a year from a municipality. Many municipal

employees have access to public funds. In West Haven, there appear to have been

few checks and balances that limited DiMassa’s ability to steal money. Other

municipal employees should know that theft of public funds will result in a felony

conviction and engender significant consequences at sentencing.




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                                   Conclusion

      After considering the Sentencing Guidelines and the other sentencing factors

under 18 U.S.C. § 3553(a), the Court should impose a fair and just sentence and

order the defendant to pay of $147,776.10 in restitution.



                                Respectfully submitted,

                                VANESSA ROBERTS AVERY
                                UNITED STATES ATTORNEY

                                       /s

                                RAY MILLER
                                ASSISTANT UNITED STATES ATTORNEY
                                FEDERAL BAR NO. CT 20451
                                157 CHURCH STREET, 23RD FLOOR
                                NEW HAVEN, CT 06510
                                (203) 821-3700




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                             CERTIFICATE OF SERVICE

       This is to certify that on March 9, 2023 a copy of the foregoing Memorandum

was filed electronically. Notice of this filing will be sent by email to all parties by

operation of the Court’s electronic filing system or by mail on anyone unable to

accept electronic filing as indicated on the Notice of Electronic Filing. Parties may

access this filing through the Court=s CM/ECF System.



                                                       /s

                                               Ray Miller
                                               Assistant U.S. Attorney




                                                   7


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