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Government's Sentencing Statement — USA v. Wallace (Dkt. 120, D. Colo.)

Summary

The Government's Sentencing Statement for Defendant Ronald Wallace in United States of America v. Ronald Philip Wallace, Criminal Case No. 22-cr-00211-PAB, in the U.S. District Court for the District of Colorado, filed April 11, 2025 as Document 120. It states that the Presentence Report calculates a range of 30 to 37 months and recommends 30 months, while the government calculates 24 to 30 months and recommends the low end of whichever range the Court applies. The government argues that the defendant deceived investors in cannabidiol companies out of more than $300,000 and defrauded the Small Business Administration of almost a quarter of a million dollars through false payroll and employee figures for NaturlFx Inc. It opposes the defense request for a time-served sentence and cites a prior fraud conviction. It is signed by Assistant U.S. Attorneys Tim Neff and Nicole C. Cassidy.

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Cite this document

“Government's Sentencing Statement — USA v. Wallace (Dkt. 120, D. Colo.).” Original at ecf.cod.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/government-s-sentencing-statement-usa-v-wallace-dkt-120-d-colo-509e6b73c9/, SHA-256 d8c0ac2b8e5e165ab0f994e01d8e03a799bf7a7070101376e2356aca3e62a766.

Full text

Case No. 1:22-cr-00211-PAB      Document 120      filed 04/11/25   USDC Colorado       pg 1
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                      IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLORADO

 Criminal Case No. 22-cr-00211-PAB

 UNITED STATES OF AMERICA,

       Plaintiff,

 v.

 1.    RONALD PHILIP WALLACE,

               Defendant.


            GOVERNMENT’S SENTENCING STATEMENT FOR DEFENDANT
                            RONALD WALLACE


       The United States of America, by and through J. Bishop Grewell, Acting United

 States Attorney for the District of Colorado, Tim R. Neff and Nicole C. Cassidy,

 Assistant United States Attorneys, files this Sentencing Statement for Defendant Ronald

 Wallace.

                    Background and Potential Sentencing Ranges

       The Presentence Report (“PSR”) calculates that the applicable guideline range

 for the Defendant’s offense is 30 to 37 months imprisonment, based on an offense level

 of 18 and criminal history category 2. PSR, Exhibit A, [#105-1]. The PSR ultimately

 recommends a 30 month imprisonment sentence (concurrent as to each count) followed

 by 5 years of supervised release. Id.




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        Alternatively, the Government calculates that the applicable guideline range

 should be 24 to 30 months of imprisonment (which assumes a final offense level of 161

 and a criminal history category of II).

        Accordingly, the Government recommends (consistent with the Plea Agreement)

 that the Court sentence the Defendant “to the low end of the guideline range ultimately

 calculated by the Court.” PSR, ¶ 3, Plea Agreement at 3 [#97]. If the Court determines

 that the PSR’s recommended higher guideline range is applicable, the Government’s

 recommendation is for a 30 month imprisonment sentence (i.e., the low end of such

 range). Whereas, if the lower range as urged by the Government is determined by the

 Court to be applicable, the Government recommends a 24 month imprisonment

 sentence.

        The Defendant filed a Motion for Departure and Non-Guideline (Variant)

 Sentence, in which he seeks a sentence to time served (one day here) and a term of

 supervised release. [#109]. By separate pleading, the Government intends to file its

 objection and opposition to the Defendant’s request for essentially a non-custodial

 sentence.

        In support of its sentencing position, the Government states as follows:




 1   When making its guideline calculation that the final offense level should be 16, the
 Government recognizes that the Court would first have to sustain the Government’s
 separately filed Objection to the PSR [#108] contesting the total loss calculation in the
 case.
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                       Sentencing Factors – 18 U.S.C. § 3553(a)

                                   Nature of the Offense

       The PSR provides a thorough and detailed outline of the overall nature of the two

 offenses of conviction – (1) wire fraud and aiding and abetting, and (2) bank fraud and

 aiding and abetting. PSR, #105, ¶¶ 9-36. As noted in the PSR, the underlying offense

 conduct involved two discreet offenses with two separate sets of victims.

       First, the Defendant deceived three investors out of funds in excess of $300,000,

 involving investments into the Defendant’s companies producing cannabidiol products.

 As it relates to victim T.H., the Defendant exploited and betrayed a personal relationship

 in the course of defrauding him. PSR, ¶ 31. T.H. recounted that he first met the

 Defendant while both of their sons were participating in the Aspen Valley Ski Club. Id.

 Later, after T.H. had fallen on hard times because of the accumulation of large debt due

 to cancer treatments for his dying wife, the Defendant persuaded T.H. to invest in his

 companies based on promises of high returns and false inducements. Victim M.C. was

 referred to the Defendant through friends. PSR, ¶ 32. The Defendant later swindled

 him out of over $50,000 when M.C. was shown paperwork containing false information

 regarding inventory and account receivables in the Defendant’s companies. Id. Finally,

 victim S.C. was duped into investing with the Defendant after meeting him through a

 mutual friend. PSR, ¶ 26. S.C. began working for the Defendant for a short time after

 meeting him. Unfortunately, S.C. was persuaded by the Defendant to refinance his

 home to pay for his investment. Id. S.C. later suffered a loss of $113,000 because of


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 the mistaken trust which he placed in the Defendant. Id. As it relates to each of these

 victims, the Defendant took advantage of his personal connection and direct relationship

 with each victim for his own personal gain. Such conduct warrants a sentence that

 accounts for the betrayal of such friendship and trust.

        Second, the Defendant defrauded the Small Business Administration (SBA) of

 almost a quarter of a million dollars through his lies and deceit. In the course of

 obtaining COVID-19 loan funds, the Defendant made false statements regarding the

 monthly payroll and number of employees connected to his company, NaturlFx Inc.

 PSR, ¶ 18. He later misused the emergency funds which were intended for business

 expenses, instead using such funds for his personal benefit and other business

 ventures. Id. At a time when the SBA offered a benevolent program intended to help

 struggling businesses during a time of crisis, the Defendant chose to abuse the

 government and participating banks, and let his avarice take control. Ultimately, the

 SBA (i.e. – the taxpayer) was deprived of these funds, and it is unlikely to recoup such

 losses given the Defendant’s indigency and dim prospects for employment.

                       History and Characteristics of the Defendant

        The Defendant does not appear the Court as a first offender. As detailed in the

 PSR, the Defendant was convicted in 2004 in California for the offenses of mail fraud,

 wire fraud and money laundering. PSR, ¶ 61. The Defendant’s earlier fraud scheme

 involved offering investors a chance to purchase wine futures through his company

 Rare Wines LLC. Id. However, in the course of committing this fraud scheme, the

 Defendant never used his investors funds to secure large allocations of top wines in


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 France as promised. Id. The Defendant in fact did not own or possess the bottles of

 wine he purportedly sold to investors. Id. The PSR states that: “By March of 2003, the

 defendant’s fraudulent scheme collapsed” and “investigation later revealed the

 defendant’s scheme incurred 162 victims who in total lost $14,820,620.” Id. After

 having his probation and supervised release revoked, the supervising Court sentenced

 the Defendant on April 16, 2012, to 63 months in prison. Id. According to court records,

 at the time the Defendant was sentenced to prison after final revocation, he had only

 paid $127,102 towards his final restitution obligation. Id.

        The parallels between the Defendant’s earlier offense and present ones are

 striking. First, both offenses involve wire fraud. Second, both offenses involved

 deceiving investors (albeit significant less in the present case) through false promises

 and misrepresentations. Third, both offenses involved the purported ownership stake in

 companies supposedly generating high rates of return and supplying an ingestible

 product (wine and cannabidiol). Finally, both offenses involved the Defendant soliciting

 funds from investors for one stated purpose but then using victims’ funds for another

 one – his own personal wealth and benefit.

        Here, one additional fact is worth noting about the Defendant’s prior sentence

 from California as it relates to the present offense. According to the PSR, the

 Defendant was released from prison on December 4, 2015. PSR, ¶ 61. Despite

 recently serving a federal prison sentence, the Defendant returned to his deceitful ways.

 Indeed, approximately two short years later sometime in 2017, he began orchestrating

 yet another investment fraud scheme in the present case. PSR, ¶ 9. Then, a few years


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 later, he committed his COVID-19 loan fraud scheme during a global pandemic. To the

 extent the Defendant now suggests he has reformed and learned his lesson, his quick

 return to crime following his first conviction suggests he did not get the message the first

 time that federal fraud schemes result in prison time.

        In common parlance, “this is not the Defendant’s first rodeo.” The Defendant is a

 repeat fraudster and his decision to once again pursue this harmful course of conduct

 warrants imprisonment.

   Promote Respect for Law / Just Punishment / Adequate Deterrence / Protect Public

        Here, it’s important that the sentence adequately punish the Defendant and

 provide the message that federal law carries meaningful imprisonment sanctions for fraud

 offenses. While no one was physically injured from a violent crime, the lasting impact of

 this type of financial fraud and connected conduct is nonetheless detrimental for the

 victims. As a result of this type of offense, victims often lose trust in others and are stuck

 attempting to recover from their financial losses for years to come. A sentence to

 imprisonment as called for under the guidelines months will help some of the victims find

 some measure of justice and hopefully restore such victims’ faith in the court system.

        A custodial sentence is necessary to ensure that others tempted to engage in

 similar conduct are deterred from doing so. As noted above, the Defendant engaged in

 two separate fraud schemes involving both individual investors and a government

 program, resulting in an aggregate loss of over $500,000. The purposes of general

 deterrence can be satisfied when others are reminded such conduct results in

 meaningful imprisonment.


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         Specific deterrence is also an important factor when considering the

 Defendant’s pattern of behavior. By imposing imprisonment, the Court will also prevent

 the Defendant from conducting a similar offense in the immediate future given his

 incarceration. Here, the Defendant was previously convicted of a fraud offense in 2004

 and was generously given a probationary sentence by the Court in California. However,

 after repeated efforts by the probation office and the Court in California to obtain

 compliance with the conditions of supervision, the Defendant was eventually sent to

 prison for a combined total of 63 months. PSR, ¶ 61. While previously on supervision,

 the Defendant showed a pattern of non-compliance which involved among other things:

 failure to pay his monthly restitution; failure to report his salary, income and tax returns;

 failure to submit monthly reports; failure to follow the instructions of his probation officer;

 falsifying monthly written supervision reports; making false statements to his probation

 officer; and failing to report as directed. Id. The Defendant’s pattern of behavior while

 on supervision speaks for itself. An imprisonment sentence is warranted not only to

 punish the Defendant but to also ensure that he understands from the outset that he

 must comply with all Court requirements or else face additional prison time.

        Imposing an imprisonment sentence will further ensure that members of the

 public are protected from any further crimes committed by the Defendant.

           Provide Defendant Needed Educational Training, Medical Treatment
                              or Correctional Treatment

        The PSR indicates that the Defendant has a past history involving alcohol abuse

 and some illegal drug consumption in his younger years. PSR, ¶¶ 87-92. The

 Defendant completed the Residential Drug Abuse Program (RDAP) while in federal

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Case No. 1:22-cr-00211-PAB       Document 120       filed 04/11/25    USDC Colorado       pg 8
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 prison from his earlier conviction. PSR, ¶ 91. The Defendant self-reported that he does

 not believe that he has an alcohol or drug problem. PSR, ¶ 92. The Defendant does

 not have any apparent mental or emotional health issues. PSR, ¶¶ 87-92.

        The Defendant has a high school diploma and attended college but does not

 have a degree. PSR, ¶¶ 93-94. The Defendant is currently receiving social security

 and is working as an unpaid consultant for a private company in Basalt, Colorado.

 PSR, ¶ 97. The Defendant has held a variety of other jobs during the past ten years.

 PSR, ¶¶ 97-100.

        The PSR does not indicate that the Defendant has unique needs related to

 educational or vocational training, or correctional treatment.

        The PSR does indicate that the Defendant has various physical health

 conditions, most notably Crohn’s disease. PSR, ¶ 79. The Defendant has had

 numerous surgeries related to this condition and he is currently taking multiple

 medications related to this condition and other health ailments.

        The Defendant has requested a variance sentence to supervised release based

 on his health condition, stating among other things that a “medical facility, would pose

 an untenable risk to his health due to the nature of his condition [and] the rigid structure

 of BOP’s healthcare system…” Def’s Mot. for Variance at 5 [#109]. The Government

 opposes such a variance request and will be filing its objection by separate pleading.




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        The Government opposes any downward variance based on the above factors.

 The Bureau of Prisons is equipped to handle the defendant’s medical conditions.

 According to the bop.gov website2,

           The Bureau’s professional staff provides essential medical, dental, and
           mental health (psychiatric) services in a manner consistent with
           accepted community standards for a correctional environment. The
           Bureau uses licensed and credentialed health care providers in
           ambulatory care settings, that are supported by community consultants
           and specialists. For adults in custody with chronic or acute medical
           conditions, the Bureau operates seven (7) medical referral centers
           providing advanced care.

        To be clear, the Government does not suggest that the Defendant’s physical

 health conditions are not genuine, as they are in fact documented in the PSR.

 However, the Government does oppose the Defendant’s argument that these factors

 justify a substantial reduction in the Defendant’s final sentence. Indeed, there is no

 indication in the PSR that the Defendant is terminally ill or suffering from an untreatable

 condition. On the contrary, it appears the Defendant’s condition warrants medical

 supervision, treatment, and medication, which he will be able to obtain while serving a

 custodial sentence. The BOP remains uniquely positioned and primarily responsible for

 ensuring adequate medical treatment, housing and handling of federal inmates. Put

 simply, the Defendant’s health factors are not so exceptional so as to warrant downward

 variance recommended in the PSR. As with any other defendants sentenced to

 imprisonment, the BOP is charged with (and presumed capable of addressing) the




 2 https://www.bop.gov/inmates/custody_and_care/medical_care.jsp


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Defendant’s unique medical needs and conditions. As necessary, BOP can and will

make any necessary medical referrals or accommodation to address these matters.

        Need to Avoid Unwarranted Sentencing Disparities Among Defendants

       The Government is unaware of any reason that the recommended sentence

would result in any unwarranted sentence disparities with other similarly situated

defendants.

               Need to Provide Restitution to Any Victims of the Offense

       As noted above, there are a number of victims who suffered substantial

pecuniary harm as a result of the Defendant’s fraud scheme. The Defendant will be

responsible for paying restitution to these individual investors along with the SBA. PSR,

Exhibit A, [#105-1]. Undoubtedly, receiving any restitution payments as soon as

possible would certainly be of a benefit to such victims. Nonetheless, the need for the

victims to be recompensed must be balanced against the other important factors set

forth in § 3553(a) such as ensuring just punishment and the protection of the public.

Unfortunately, it does not appear from the Defendant’s financial condition that he will be

in a position to make any meaningful restitution payments in the near future given that

he is indigent, has virtually no assets, and currently has an outstanding federal

judgment owing of approximately $11 million to previous victims. PSR, ¶ 103.

               Other Issue – Standard Condition Regarding Employment

       Finally, the Defendant objects to the PSR’s recommendation that he adhere to

the Probation Office’s standard condition of supervision that he be obligated to work full

time and continue to seek employment when not employed. Def’s Objection to PSR at


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4 [#107]. In his objection, the Defendant notes that he is of full retirement age,

currently receiving Social Security, and has a chronic illness. Id.

       As noted above, the Government is mindful that the Defendant has a serious

medical condition and that he is 68 years old. Nevertheless, the Government asserts

that the Probation Office will be in the best position to assess the Defendant’s fitness,

ability, and competence to maintain employment once he is released from prison at a

future date. Should it be determined at that later juncture that the Defendant cannot

work for various reasons, the Probation Office -- based on its individualized assessment

at such later time -- can seek modification (or removal) of this condition by the Court if

warranted. However, at this time, it is premature to remove such a requirement.

       Indeed, the Defendant effectively stole over a half a million dollars from victims

during the present fraud scheme and he still owes another approximately $11 million to

victims from his earlier case. To the extent the Defendant is capable of working and

generating moderate income, he should do so. Any amount of restitution payments to

the victims – even if small – will be significant to the victims because it will represent

some measure of justice and accountability for the Defendant. Requiring the Defendant

to maintain employment while on supervision is an important condition for achieving

such an outcome.




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      WHEREFORE, the Government requests that the Court sentence the Defendant

as recommended above.

      Respectfully submitted this 11th day of April, 2025.


                                 J. BISHOP GREWELL
                                 Acting United States Attorney

                                 By: s/ Tim Neff
                                    Tim Neff
                                    Assistant U.S. Attorney
                                    United States Attorney’s Office
                                    1801 California Street, Suite 1600
                                    Denver, Colorado 80202
                                    Telephone: (303) 454-0367
                                    Fax: (303) 454-0401
                                    Email: Tim.Neff@usdoj.gov
                                    Attorney for Government

                                 By: s/ Nicole C. Cassidy
                                     Nicole C. Cassidy
                                     Assistant United States Attorney
                                     United States Attorney’s Office
                                     1801 California Street, Suite 1600
                                     Denver, Colorado 80202
                                     Telephone: (303) 454-0100
                                     Email: nicole.cassidy@usdoj.gov




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                                CERTIFICATE OF SERVICE

       I certify that on this 11th day of April, 2025, I electronically filed the foregoing

GOVERNMENT’S SENTENCING STATEMENT FOR DEFENDANT RONALD

WALLACE with the Clerk of the Court using the CM/ECF system which will send

notification of such filing to all counsel of record in this case.


                                     By: s/Maureen Carle
                                         Legal Administrative Specialist
                                         United States Attorney=s Office




                                               13


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