Judgment in a Criminal Case — United States v. Seth Downes, Middle District of Florida (Document 303)

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A Judgment in a Criminal Case for Seth Downes in United States v. Seth Downes, Case Number 6:24-cr-53-RBD-RMN, in the U.S. District Court for the Middle District of Florida, Orlando Division, filed as Document 303 on June 16, 2026. The judgment records that Seth Downes was found guilty on Counts One and Three of the Superseding Indictment: Conspiracy to Commit Wire Fraud under 18 U.S.C. §§ 1343 and 1349, and Wire Fraud under 18 U.S.C. §§ 1343 and 2. The sentence is probation for 3 YEARS on each count, to run concurrently. It orders a $200.00 assessment and restitution of $195,961.56 to the U.S. Small Business Administration, joint and several with Shawn Michael Simmerer, waives the fine and orders forfeiture of assets named in the Order of Forfeiture (Doc. 275).

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Case 6:24-cr-00053-RBD-RMN Document 303 _ Filed 06/16/26 Page 1 of 6 PagelD 3388! %®

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
V Case Number: 6:24-cr-53-RBD-RMN

SETH DOWNES USM Number: 03041-511

Fritz J. Scheller
231 E. Colonial Drive
Orlando, FL. 32801

JUDGMENT IN A CRIMINAL CASE

The defendant was found guilty as to Counts One and Three of the Superseding Indictment. The defendant is
adjudicated guilty of these offenses:

Date Offense Count
Title & Section Nature of Offense Concluded Number(s)
18 U.S.C. §§ 1343 and 1349 Conspiracy to Commit Wire Fraud. July 31, 2021 One
18 U.S.C. §§ 1343 and 2 Wire Fraud. July 2, 2020 Three

The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.

It is ordered that the underlying Indictment be 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 shall notify the court and United States attorney of any material
change in the defendant's economic circumstances.

Date of Imposition of Sentence:
June 16, 2026

ROY B. DALTON, JR.~
UNITED STATES DISTRICT JUDGE

June / A , 2026

AO 245B (Rev. 09/19) Judgment in a Criminal Case
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Seth Downes
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PROBATION

The defendant is hereby placed on probation for a term of 3 YEARS. This term consists of a 3-year term as to
Counts One and Three, both terms to run concurrently.

The defendant shall report immediately to the United States Probation Office on the first floor for further
instructions.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

The Mandatory drug testing requirements of the Violent Crime Control Act are suspended. However, you must
submit to random drug testing not to exceed 104 tests per year.

You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a
sentence of restitution.

5. You must cooperate in the collection of DNA as directed by the probation officer.

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

The defendant shall also comply with the additional conditions as follows.

AO 245B (Rev. 09/19) Judgment in a Criminal Case
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STANDARD CONDITIONS OF SUPERVISION

As part of your probation, 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 the time you were sentenced 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 purpese 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

AU.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:

AO 245B (Rev. 09/19) Judgment in a Criminal Case
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SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall participate in a mental health treatment program (outpatient and/or inpatient) and follow the
probation officer’s instructions regarding the implementation of this court directive. Further, the defendant shall
contribute to the costs of these services not to exceed an amount determined reasonable by the Probation Office’s
Sliding Scale for Mental Health Treatment Services.

2. The defendant shall be prohibited from incurring new credit charges, opening additional lines of credit, or making

an obligation for any major purchases without approval of the probation officer. The defendant shall provide the
probation officer access to any requested financial information.

3. The defendant shall cooperate in the collection of DNA, as directed by the probation officer.

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Seth Downes
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CRIMINAL MONETARY PENALTIES

The defendant must pay the following total criminal monetary penalties under the schedule of payments set forth
in the Schedule of Paymenis.

Assessment Restitution Fine Assessment! Assessment?
$200.00, due :
TOTALS immediately $195,961.56 Waived N/A N/A

The defendant must make restitution (including community restitution) to the following payees in the amount listed
below. The restitution obligation shall be payable to the Clerk, U.S. District Court for distribution to the victim(s).

lf 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(1), all nonfederal victims must be paid in full prior to the United States receiving payment.

Name of Payee Restitution Ordered
U.S. Small Business Administration $195,961.56

Processing and Disbursement Center
14925 Kingsport Road
Fort Worth, TX 76155

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:

While in the custody of the Bureau of Prisons, the defendant shall either (1) pay at least $25.00 quarterly if working non-
Unicor or (2) pay at least 50 percent of his or her monthly earnings if working in a Unicor position. Upon release from
custody, the defendant is ordered to begin making payments of $100.00 per month and this payment schedule shall
continue until such time as the Court is notified by the defendant, the victim or the government that there has been a
material change in the ability to pay. The Court finds that the defendant does not have the ability to pay interest, and
the Court waives the interest requirement for the restitution.

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of
imprisonment, payment of criminal monetary penalties shall be 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, U.S. District Court, unless otherwise directed by the court, the probation officer, or the
United States attorney.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
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.

1 Amy, Vicky, and Andy Child Pomegraphy Victim Assistance Act of 2018, Pub. L. No. 115-299.
2 Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.

AO 245B (Rev. 09/19) Judgment in a Criminal Case
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Seth Downes
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Joint and Several

Restitution shall be paid jointly and severally with:

Defendant and Co-Defendant Names (including defendant number):
Seth Downes (2) 6:24-cr-53-RBD-RMN; Shawn Michael Simmerer (1) 6:24-cr-53-RBD-RMN

Total Joint and Several | Corresponding Payee,
Amount Amount if appropriate

Smail Business
$195,961.56 $195,961.56 Administration

FORFEITURE

Defendant shall forfeit to the United States those assets previously identified in the Order of Forfeiture (Doc.
275) that are subject to forfeiture.

The defendant shall pay interest on any fine of more than $2,500, unless the 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 the Schedule of Payments may
be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

AO 245B (Rev. 09/19) Judgment in a Criminal Case


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