Judgment — United States v. Regjinay Tate, Central District of California (Document 212)

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A Judgment and Probation/Commitment Order in United States of America vs. Regjinay Tate, Case 5:22-cr-00150-JGB, Document 212, filed 07/06/23, in the United States District Court, Central District of California. It records a guilty plea and convictions on Count One, Conspiracy to Commit Mail Fraud in Relation to Benefits Connected to Presidentially Declared Emergency, 18 U.S.C. §§ 1349, 1343, and Count Three, Mail Fraud in Relation to Benefits Connected to Presidentially Declared Emergency, 18 U.S.C. §§ 1341, 1343. It sentences the defendant to three (3) years probation on each count, served concurrently, with home detention for six months. It orders a special assessment of $200 and restitution of $500,666 to the California Employment Development Department, and waives all fines.

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“Judgment — United States v. Regjinay Tate, Central District of California (Document 212).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-and-commitment-no-5-22-cr-00150-dkt-212-c-d-cal-817c12aac4/, SHA-256 1a671a72cffff19e2c593b0db3555f4745ce12b1e47cf2740546f9e3cc016bbb.

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Case 5:22-cr-00150-JGB Document 212 Filed 07/06/23 Page 1 of 6 Page ID #:1272
United States District Court
Central District of California JS-3

UNITED STATES OF AMERICA vs. Docket No. EDCR22-00150-JGB-2

Defendant Regjinay Tate Social Security No. 0 6 4 3

Alias: Tate, Regjinay Audreana; Reggie (Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 06 26 2023

COUNSEL Joseph Shemaria, Retained
(Name of Counsel)

PLEA √ GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

FINDING Conspiracy to Commit Mail Fraud in Relation to Benefits Connected to Presidentially Declared Emergency, in violation of 18
U.S.C. §§ 1349, 1343, as charged in Count One of the Indictment, and, Mail Fraud in Relation to Benefits Connected to
Presidentially Declared Emergency, in violation of 18 U.S.C. §§ 1341, 1343, as charged in Count Three of the Indictment.

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
COMM that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Regjinay Tate, is
ORDER hereby sentenced to a term of three (3) years probation. This term consists of three years probation on Count One of the
Indictment and three years of probation on Count Three of the Indictment to be served concurrently, upon the following
terms and conditions:

1. The 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. During the period of community supervision, the defendant shall pay the special assessment and restitution
in accordance with this judgment's orders pertaining to such payment. And more specifically the restitution
ordered should be paid in monthly payments, nominal monthly payments of at least 10 percent of the
defendant's gross monthly income but not less than $100 per month.

3. The defendant shall cooperate in the collection of a DNA sample from the defendant.

4. The 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.

5. The defendant shall refrain from any unlawful use of a controlled substance. The 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.

6. The 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. The defendant shall
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USA vs. Regjinay Tate Docket No.: EDCR22-00150-JGB-2

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.

8. The defendant shall participate in mental health treatment, which may include evaluation and counseling,
until discharged from the program by the treatment provider, with the approval of the Probation Officer.

9. The defendant shall be in home detention for a period of six months, obey all rules of the home detention
program and dedicate a phone line in her residence in order for the home detection program to be useful and
adequately monitor her movements.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due
immediately.

It is alsa ordered the defendant shall pay restitution in the total amount of $500,666 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 $500,666.

The defendant shall be held jointly and severely liable with co-participants Robert Campbell, Sr., Shelbi
Dupree, Rick Henderson, Brandon Gully, Simone Gueringer, Dillon Roberts, and Keith Burns to the extent that said
coparticipants are determined liable for the same victim losses ordered in this judgment. The victims recovery is
limited to the amounts of their loss and the defendant's liability for restitution ceases if and when the victim receives
full restitution. Pursuant to Title 18, United States Code, Section 3612F3A interest on the restitution ordered is waived
because the defendant does not have the ability to pay interest. Payment may be subject to penalties for default and
delinquency pursuant to Title 18, United States Code, Section 3612G.

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 property found preliminarily subject to forfeiture is finally made subject to forfeiture. The preliminary
order is made final and incorporated into the judgment.

The Court informs the defendant of his right to appeal.

Upon the Government’s motion, all remaining counts on underlying indictment are dismissed in the interest of
justice.

The bond is hereby exonerated.

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USA vs. Regjinay Tate Docket No.: EDCR22-00150-JGB-2

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions
of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of
supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the
maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the
supervision period.

7/6/2023
Date Honorable Jesus G. Bernal, U. S. District Judge
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or
other qualified officer.
Clerk, U.S. District Court

7/6/2023 By
Filed Date Noe U. Ponce, Deputy Clerk

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USA vs. Regjinay Tate Docket No.: EDCR22-00150-JGB-2

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. Regjinay Tate Docket No.: EDCR22-00150-JGB-2

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. Regjinay Tate Docket No.: EDCR22-00150-JGB-2

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

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