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Home Source documents Judgment in a Criminal Case — Jessenia Cordero, No. 5:16CR00382-001 (Dkt. 26, E.D. Pa.)

Judgment in a Criminal Case — Jessenia Cordero, No. 5:16CR00382-001 (Dkt. 26, E.D. Pa.)

Summary

Judge Edward G. Smith of the Eastern District of Pennsylvania sentenced Jessenia Cordero to Forty-two (42) months in prison on Count 1, conspiracy to defraud the United States with respect to claims (18 U.S.C. § 286), offense ended 4/12/2012, after a guilty plea. Counts 2 through 9, false claims against the United States, were dismissed on the government's motion. The judgment, dated 6/27/2017, orders restitution of $3,960,070.50 to the Internal Revenue Service under the plea agreement and a $100.00 assessment, with no fine and the interest requirement waived. Restitution is joint and several with Barbara Gonzalez, Juana Maisonet and Maria Paulino. Cordero was to surrender by 2 p.m. on 8/18/2017, and three years of supervised release follow, with full disclosure of financial records.

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Full text

AO 2458 (Rev. 02116) Judgment in a Criminal Case
         Sheet 1



                                          UNITED STATES DISTRICT COURT
                                        Eastern District of Pennsylvania
                                                       )
               UNITED STATES OF AMERICA                )     JUDGMENT IN A CRIMINAL CASE
                           v.                          )
                                                       )
                                                       )     Case Number:         5: 16CR00382-001
                   JESSENIA CORDERO                    )     USM Number:          75629-066
                                                       )
                                                       )     Gavin Holihan, Esq.
                                                       )     Defendant's Attorney
THE DEFENDANT:
C8J pleaded guilty to count(s)
D pleaded nolo contendere to count(s)
  which was accepted by the court.
D 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
18:286                            Conspiracy to defraud the U.S. with respect to claim                   4/12/2012
18:287                            False claims against the U.S.                                          4/12/2012          2,3,4,5,6,7,8,9




       The defendant is sentenced as provided in pages 2 through              6         of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
D The defendant has been found not guilty on count(s)
C8J Count(s)    2, 3, 4, 5, 6, 7, 8, 9                  Dis      C8J 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.

                                                                       6/16/2017




                                                                       Edward G. Smith U.S.D.J
                                                                       Name and Title of Judge


                                                                       6/27/2017
                                                                       Date
AO 2458 (Rev. 02/16) Judgment in Criminal Case
                     Sheet 2 - Imprisonment

                                                                                                     Judgment-Page    j   2   I or   6
 DEFENDANT:                    Jessenia Cordero
 CASE NUMBER:                  5: 16CR00382-001


                                                             IMPRISONMENT
         The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of:
Forty-two (42) months on Count 1.




    ~ The court makes.the following recommendations to the Bureau of Prisons:
         Recommended that Defendant be housed as close as possible to her family in Allentown, Pennsylvania.




    D The defendant is remanded to the custody of the United States Marshal.
    D The defendant shall surrender to the United States Marshal for this district:
         D at                                    D a.m.      D p.m.     on
         C as notified by the United States Marshal.
    ~ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
         ~ before2p.m.on                         8/18/2017
         D as notified by the United States Marshal.
         D 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 ofthisjudgment. ·


                                                                                               UNITED STATES MARSHAL



                                                                       By
                                                                            -------,D~E=P~U~T-Y~UN~IT-E~D-S~T-A-T-ES~MAR--SHAL------~
AO 2458 (Rev. 02/16) Judgment in a Criminal Case
        Sheet 3 - Supervised Release

                                                                                                                    Judgment-Page             3   of        6
 DEFENDANT:                    Jessenia Cordero
 CASE NUMBER:                  5: 16CR00382-001

                                                              SUPERVISED RELEASE
 Upon release from imprisonment, the defendant shall be on supervised release for a term of:
 Three (3) years on Count 1.
          The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of
 the Bureau of Prisons.
The defendant shall not commit another federal, state or local crime.
The defendant shall not unlawfully possess a controlled substance. 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 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 the defendant poses a low risk of
        future substance abuse. (Check. if applicable.)
        The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)

        The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check. if applicable.)

        The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the
 D probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted
        of a qualifying offense. (Check. if applicable.)

D The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
        If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of
Payments sheet of this judgment.
          The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the
attached page.

                                           STANDARD CONDITIONS OF SUPERVISION
   l)    the defendant shall not leave the judicial district without the permission of the court or probation officer;
   2)    the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;
   3)    the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
   4)    the defendant shall support his or her dependents and meet other family responsibilities;
   5)    the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;
   6)    the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
   7)    the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any
         paraphernalia related to any controlled substances, except as prescribed by a physician;
   8)    the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
   9)    the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless
         granted permission to do so by the probation officer;
  10)    the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband
         observed in plain view of the probation officer;
  11)    the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
 12)     the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the
         court; and
 13)     as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or
         personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with
         such notification requirement.
AO 245B (Rev. 02/16) Judgment in a Criminal Case
        Sheet 3A - Supervised Release

                                                                                                       Judgment-Page   -~4_ _       of        6
DEFENDANT:                  Jessenia Cordero
CASE NUMBER:                5: 16CR00382-001

                                        ADDITIONAL SUPERVISED RELEASE TERMS

Defendant shall provide the U.S. Probation Office with full disclosure of her financial records to include yearly income tax returns upon the
request of the U.S. Probation Office. Defendant shall cooperate with the probation officer in the investigation of her financial dealings and
shall provide truthful monthly statements of her income.
Defendant is prohibited from incurring any new credit charges or opening additional lines of credit without the approval of the probation
officer, unless Defendant is in compliance with a payment schedule for any fine or restitution obligation. Defendant shall not encumber or
liquidate interest in any assets unless it is in direct service of the fme or restitution obligation or otherwise has the express approval of the
Court.
AO 245B (Rev. 02/16) Judgment in a Criminal Case
         Sheet 5 - Criminal Monetary Penalties

                                                                                                     Judgment- Page _---=..5__ of _ _6'------
 DEFENDANT:                         Jessenia Cordero
 CASE NUMBER:                       5: 16CR00382-001

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


                        Assessment                                     Fine                               Restitution
 TOTALS             $ 100.00                                         $ 0.00                             $ 3,960,070.50

D The determination of restitution is deferred until - - -.An Amended Judgment in a Criminal Case (AO 245C) will be entered
      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.

Name of Payee                                  Total Loss*                    Restitution Ordered                     Priority or Percentage
Internal Revenue Service                             $3,960,070.50                      $3,960,070.50                          100%
Attn: Mail Stop, 6261
      Restitution
333 W. Pershing Ave
Kansas City, MO 64108




TOTALS                                $ ----~-~--
                                            3,960,070.50                  $              3,960,070.50

~     Restitution amount ordered pursuant to plea agreement $          $3,960,070.50

D     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:

      [gl the interest requirement is waived for the     D fine [gl restitution.
      D the interest requirement for the           D fine D restitution is modified as follows:
* Findings for the total amount of losses are required under Chapters 109A, 110, llOA, and 113A of Title 18 for offenses committed on or
after Sentember 13. 1994. but before Anril 23. 1996.
AO 245B (Rev. 02/16) Judgment in a Criminal Case
        Sheet 6 - Schedule of Payments

                                                                                                               Judgment- Page _---=.6__ of               6
DEFENDANT:                   Jessenia Cordero
CASE NUMBER:                 5: 16CR00382-001

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

A      0    Lump sum payment of$                                due immediately, balance due

            0     not later than                                     , or
            0     in accordance          D c, DD,               0 E,or         0 Fbelow; or
B      0    Payment to begin immediately (may be combined with               0 C, 0 D,      0 F below); or
C      0    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     0     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     0     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     0     Special instructions regarding the payment of criminal monetary penalties:
            The restitution is due immediately. It is recommended that Defendant participate in the Bureau of Prisons Inmate Financial
            Responsibility Program and provide a minimum payment of $25 per quarter towards the fine. In the event the fine is not paid prior
            to the commencement of supervision, Defendant shall satisfy the amount due in monthly installments of not less than $150, to
            commence 30 days after release from confinement.


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.



0     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.
      Barbara Gonzalez, Docket No.: 16-00323-001
      Juana Maisonet, Docket No.: 15-00177-001
      Maria Paulino, Docket No.: 15-00177-002

D The defendant shall pay the cost of prosecution.
D The defendant shall pay the following court cost(s):
D 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) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.


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