Judgment in a Criminal Case — Konstantinos Zarkadas, No. 2:21 CR00363-001 (GRB) (Dkt. 26, E.D.N.Y.)
Summary
This judgment of the U.S. District Court for the Eastern District of New York, entered 3/18/2022 by United States District Judge Gary R. Brown, sentences Konstantinos Zarkadas in Case Number 2:21 CR00363-001 (GRB). Zarkadas pleaded guilty to count one, disaster relief fraud under 18 U.S.C. §§ 1040(a)(2) and 1040(b)(1), a Class B felony, and count two, wire fraud, a Class C felony, both for offenses ended 7/31/2020. The sentence is fifty-one (51) months on each count, to run concurrently, followed by two (2) years of supervised release, with a recommended designation to Otisville and surrender set for 4/18/2022. The monetary penalties sheet lists a $200.00 assessment and $3,796,849.50 in restitution, with the United States Small Business Administration as payee.
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Case 2:21-cr-00363-GRB Document 26 Filed 03/18/22 Page 1 of 7 PageID #: 307
AO 245B (Rev. 10/13/2021) Judgment in a Criminal Case FI LED
Sheet I IN CLERK'S OFFICE
'IS PISi~ICT C":IJ~:P E'!.S.lt 1.
UNITED STATES DISTRICT COURT * MAR 18 2022
Eastern District ofNew York LONG ISLAND OFFICE
UNITED STATES OF AMERICA )) JUDGMENT IN A CRIMINAL CASE
v. )
Konstantinos Zarkadas
)
Case Number: 2:21 CR00363-001 (GRB}
)
) USM Number: 75698-509
)
) Ronald G. Russo
) Defondanfs Allomey
THE DEFENDANT:
~ pleaded guilty to count(s) ONE and T\iY.Q.Qf.a two CC?.':Jr::it.JNDICTMENT .......................................................... --------------
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 U.S.C. §§ 1040(a)(2} DISASTER RELIEF FRAUD, Class B Felony 7/31/2020 ONE (1)
and 1040(b)( 1 )
18 U.S.C. § 1343 WIRE FRAUD, Class C Felony 7/31/2020 TWO (2)
The defendant is sentenced as provided in pages 2 through __
7 _ _ of this judgment. The sentence is imposed pursuant to
the Sentencing Refonn Act of 1984.
D The defendant has been found not guilty on count(s)
□ Count(s)
- - - - - - - - - - - - D is Dare 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 th is judgment are fully paid. rfordered to pay restitution,
the defenclant must notify the court and United States attorney of material changes in economic circumstances.
_________ ______
-
3/18/2022 .. _
.... _. ..... _............. ___.... __ _
Date of Imposition of Judgment
s/ Gary R Brown
Signnture of Judge CT"
Gary R. Brown, United States District Judge
Name and Title of Judge
3/18/2022
Date
Case 2:21-cr-00363-GRB Document 26 Filed 03/18/22 Page 2 of 7 PageID #: 308
AO 2458 (Rev. 09/19) Judgment in Criminal Case
Sheet 2 - Imprisonment
Judgment - Page -=-2- of 7
DEFENDANT: Konstantinos Zarkadas
CASE NUMBER: 2:21 CR00363-001 (GRB)
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total tenn of:
FIFTY-ONE (51) MONTHS on count ONE(1)
FIFTY-ONE (51) MONTHS on count TWO (2) to run concurrently with count ONE.
~ The court makes the following recommendations to the Bureau of Prisons:
A designation to Otisville.
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
D as notified by the United States Marshal.
~ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
@ before 2 p.m. on 4/18/2022
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 of this judgment.
UNITED STATES MARSHAL
By----------------------------
DEPUTY UNITED STATES MARSHAL
Case 2:21-cr-00363-GRB Document 26 Filed 03/18/22 Page 3 of 7 PageID #: 309
AO 2458 (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page~ of _ _7__
DEFENDANT: Konstantinos Zarkadas
CASE NUMBER: 2:21 CR00363-001 (GRB)
SUPERVISED RELEASE
Upon release from imp1isonment, you will be _on supervised release for a term of:
TWO (2) YEARS on count ONE (1) and TWO (2) to run concurrently.
MANDATORY CONDITIONS
I. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must 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.
D The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (c:lteck ifapplic:able)
4. D You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check ifapplicable)
5. · !if You must cooperate in the collection of DNA as directed by the probation officer. (check ifapplicable)
6. D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau of Prisons. or any state sex offender registration agency in the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check ifapplicable)
7. D You must participate in an approved program for domestic violence. (check (/applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
Case 2:21-cr-00363-GRB Document 26 Filed 03/18/22 Page 4 of 7 PageID #: 310
AO 2458 (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A - Supervised Release
Judgment-Page 4
---- 0
r - - - -1
'----
DEFENDANT: Konstantinos Zarkadas
CASE NUMBER: 2:21 CR00363-001 (GRB)
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, 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.
I. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, 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 IO days before the change. If notifying the probation officer at least I0
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 purpose 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 based on your criminal record, personal history and characteristics, and the nature and
circumstances of your offense, you pose a risk to another person (including an organization), the probation officer, with prior
approval of the Court, 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 confinn 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
A U.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 Supen,ised
Release Conditions. available at: www.uscourts.gov.
Defendant's Signature Date
------------
Case 2:21-cr-00363-GRB Document 26 Filed 03/18/22 Page 5 of 7 PageID #: 311
AO 2458 (Rev. 09/19) Judgment in a Criminal Case
Sheet JD-Supervised Release
Judgment-Page 5 of ________ 7 _---·-·-·-·
DEFENDANT: Konstantinos Zarkadas
CASE NUMBER: 2:21CR00363-001(GRB)
SPECIAL CONDITIONS OF SUPERVISION
• The defendant shall comply with the Order of Restitution.
• Upon request, the defendant shall provide the U.S. Probation Department with full disclosure of his financial records,
including co-mingled income, expenses, assets and liabilities, to include yearly income tax returns. With the exception of
the financial accounts reported and noted within the presentence report, the defendant is prohibited from maintaining
and/or opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or
business purposes, without the knowledge and approval of the U.S. Probation Department. The defendant shall
cooperate with the probation officer in the investigation of his financial dealings and shall provide truthful monthly
statements of his income and expenses. The defendant shall cooperate in the signing of any necessary authorization to
· release information forms permitting the U.S. Probation Department access to his financial information and records.
• The defendant shall cooperate with the U.S. Probation Department in the investigation and approval of any position of
self-employment, including any independent, entrepreneurial, or freelance employment, or business activity. If approved
for self-employment, the defendant shall provide the U.S. Probation Department with full disclosure of her self-employment
and other business records, including, but not limited to, all of the records identified in the Probation Form 48F (Request
for Self Employment Records), or as otherwise requested by the U.S. Probation Department.
• The defendant shall undergo a mental health evaluation, and if deemed necessary, participate in a mental health
treatment program as approved by the Probation Department. The defendant shall contribute to the cost of such services
rendered and/or any psychotropic medications prescribed to the degree he is reasonably able, and shall cooperate in
securing any applicable third-party payment. The defendant shall disclose all financial information and documents to the
Probation Department to assess his ability to pay
Case 2:21-cr-00363-GRB Document 26 Filed 03/18/22 Page 6 of 7 PageID #: 312
AO 24S8 (Rev. 09/19) Judgment in a Criminal Case
Sheet S - Criminal Monetary Penalties
Judgment - Page --=-6- of 7
DEFENDANT: Konstantinos Zarkadas
CASE NUMBER: 2:21 CR00363-001 {GRB)
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Restitution Fine AV AA Assessment* JVTA Assessment**
TOTALS $ 200.00 $ 3,796,849.50 $ $ $
D The determination ofrestitution is deferred until - - - - - . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.
D 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), alJ nonfederal victims must be paid
before the United States is paid.
Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
United States Small Business $3,796,849.50
Administration
SBA/DFC
721 19th Street
3rd Floor, Room 301
Denver, CO 80202
TOTALS $
- - - -3,796,849.50
----- $
- - - - - - - -0.00
--
D Restitution amount ordered pursuant to plea agreement $
D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to J8 U.S.C. § 3612(t). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
D The court determined that the defendant does not have the ability to pay interest and it is ordered that:
D the interest requirement is waived for the D fine D restitution.
D the interest requirement for the D fine D restitution is modified as follows:
* Amy, Vicky: :ind Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for victims ofTrafficking Act of2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110. I IOA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996. ·
Case 2:21-cr-00363-GRB Document 26 Filed 03/18/22 Page 7 of 7 PageID #: 313
AO 245B {Rev. 09/19) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
Judgment - Page _ _,_7_ of 7
DEFENDANT: Konstantinos Zarkadas
CASE NUMBER: 2:21 CR00363-001 (GRB)
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A D Lump sum payment of$ due immediately, balance due
D not later than , or
D in accordance with D C, □ D, D E,or D F below; or
B ~ Payment to begin immediately (may be combined with D C, D D, or [tJ F below); or
C D Payment in equal _____ (e.g., weekly. monthly, quarterM 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 D Payment in equal _____ (e.g., weekly, monthly, quarterM 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 D Payment during the tenn 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 Ill Special instructions regarding the payment of criminal monetary penalties:
Payable at a rate of $25 per quarter while in custody, and at a rate of 10% of gross monthly income while on
supervised release. Restitution is payable to the Clerk of the Court, 225 Cadman Plaza East Brooklyn, New
York, 11201
Un less 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.
D Joint and Several
Case Number
Defendant and Co-Defendant Names Joint and Several Corr~sponding_ Payee,
(including defendant number) Total Amount Amount 1f appropriate
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 aJ?plied in the following order: (I) assessment, (2) restitution principal, (3) restitution interest. (4) AVAA assessment,
(5J fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, mcluding cost of
prosecution and court costs.
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