Judgment in a Criminal Case — United States v. James Theodore Polzin, District of Arizona (Document 71)
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A Judgment in a Criminal Case for James Theodore Polzin, No. CR-21-00264-001-PHX-JJT, in the U.S. District Court for the District of Arizona, with sentence imposed April 07, 2022 and filed 04/08/22 as Document 71 in 2:21-cr-00264-JJT. It records a guilty plea on 10/14/2021 to Counts 1 and 19 of the Indictment, wire fraud under Title 18, U.S.C. §1343 and transactional money laundering under §1957. The court imposes FORTY-EIGHT (48) MONTHS on each count, concurrently, recommends the 500-hour substance abuse treatment program, and orders THREE (3) YEARS of supervised release. It orders a $200.00 special assessment, waives the fine, orders restitution of $2,211,396.39 to the Small Business Administration, and forfeits funds seized from Bank of America, Capital One and Ferguson Bath, Kitchen & Lighting and real property in Gilbert, Arizona. The judgment names Judge John J. Tuchi.
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“Judgment in a Criminal Case — United States v. James Theodore Polzin, District of Arizona (Document 71).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-in-a-criminal-case-no-2-21-cr-00264-dkt-71-d-ariz-30bdee0fc8/
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Case 2:21-cr-00264-JJT Document 71 Filed 04/08/22 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America
JUDGMENT IN A CRIMINAL CASE
v. (For Offenses Committed On or After November 1, 1987)
James Theodore Polzin No. CR-21-00264-001-PHX-JJT
Jason Mark Silver (Retained)
Attorney for Defendant
USM#: 35461-509
THE DEFENDANT ENTERED A PLEA OF guilty on 10/14/2021 to Counts 1 and 19 of the
Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY
OF THE FOLLOWING OFFENSE(S): violating Title 18, U.S.C. §1343, Wire Fraud, a Class C Felony
offense, as charged in Count 1 of the Indictment; Title 18, U.S.C. §1957, Transactional Money
Laundering, a Class C Felony offense, as charged in Count 19 of the Indictment.
IT IS THE JUDGMENT OF THIS COURT THAT the defendant is committed to the custody of the
Bureau of Prisons for a term of FORTY-EIGHT (48) MONTHS, which consists of FORTY-EIGHT
(48) MONTHS on Count 1 and FORTY-EIGHT (48) MONTHS on Count 19, said counts to run
concurrently, with credit for time served. The Court recommends that the Bureau of Prisons place the
defendant in the 500-hour substance abuse treatment program. The Court also recommends that the
Bureau consider designating the defendant to the District of Arizona (in the Tucson Facility), if it is
otherwise consistent with the primary recommendation of placement in the 500-hour substance abuse
treatment program. Upon release from imprisonment, the defendant shall be placed on supervised release
for a term of THREE (3) YEARS, which consists of THREE (3) YEARS on Count 1 and THREE (3)
YEARS on Count 19, said counts to run concurrently.
IT IS FURTHER ORDERED that defendant's interest in the following property shall be forfeited to
the United States: $101,855.29 seized from Bank of America; $106,195.11 seized from Capital One;
$43,929.21 seized from Ferguson Bath, Kitchen & Lighting; and 902 N. Coronado Dr., Gilbert, Arizona,
85234. On October 21, 2021, the Court granted an Order of Forfeiture (Doc.56).
IT IS ORDERED that all remaining counts are dismissed on motion of the United States.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $200.00 FINE: WAIVED RESTITUTION: $2,211,396.39
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USA vs. James Theodore Polzin
The Court finds the defendant does not have the ability to pay a fine and orders the fine waived.
The defendant shall pay restitution to the following victim(s) in the following amount(s):
Small Business Administration, in the amount of $2,211,396.39.
The defendant shall pay a special assessment of $200.00 which shall be due immediately.
The defendant shall pay a total of $2,211,596.39 in criminal monetary penalties, due immediately.
Having assessed the defendant's ability to pay, payments of the total criminal monetary penalties are due
as follows: Balance is due in equal monthly installments of $200.00 over a period of 34 months to
commence 60 days after the release from imprisonment to a term of supervised release.
If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter and
payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary payments
shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC 1, Phoenix,
Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in the priority
established under 18 U.S.C. § 3612(c). The total special assessment of $200.00 shall be paid pursuant to Title 18, United States
Code, Section 3013 for Count 1 and 19 of the Indictment.
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, (10) costs, including
cost of prosecution and court costs.
Any unpaid balance shall become a condition of supervision and shall be paid within 90 days prior to the expiration of supervision.
Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify the Clerk, U.S.
District Court, of any change in name and address. The Court hereby waives the imposition of interest and penalties on any unpaid
balances.
SUPERVISED RELEASE
It is ordered that while on supervised release, the defendant must comply with the mandatory and
standard conditions of supervision as adopted by this court, in General Order 17-18, which incorporates
the requirements of USSG §§ 5B1.3 and 5D1.2. Of particular importance, the defendant must not commit
another federal, state, or local crime during the term of supervision. Within 72 hours of sentencing or
release from the custody of the Bureau of Prisons the defendant must report in person to the Probation
Office in the district to which the defendant is released. The defendant must comply with the following
conditions:
MANDATORY CONDITIONS
1) You must not commit another federal, state or local crime.
2) You must not unlawfully possess a controlled substance. The use or possession of marijuana, even
with a physician's certification, is not permitted.
3) You must refrain from any unlawful use of a controlled substance. The use or possession of
marijuana, even with a physician's certification, is not permitted. Unless suspended by the Court,
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USA vs. James Theodore Polzin
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.
STANDARD CONDITIONS
1) You must report to the probation office in the federal judicial district where you are authorized to
reside within 72 hours of sentencing or 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 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 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
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USA vs. James Theodore Polzin
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.
SPECIAL CONDITIONS
The following special conditions are in addition to the conditions of supervised release or supersede any
related standard condition:
1) You must cooperate in the collection of DNA as directed by the probation officer.
2) You must notify the court of any material change in your economic circumstances that might
affect your ability to pay restitution, fines, or special assessments.
3) You must provide the probation officer with access to any requested financial information and
authorize the release of any financial information. The probation office may share financial
information with the U.S. Attorney’s Office.
4) You are prohibited from making major purchases over $500, incurring new financial obligations,
or entering into any financial contracts over $500 without the prior approval of the probation
officer.
5) You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A,
and 3664.
6) You must submit your person, property, house, residence, vehicle, papers, or office to a search
conducted by a probation officer. Failure to submit to a search may be grounds for revocation of
release. You must warn any other occupants that the premises may be subject to searches pursuant
to this condition.
7) You must participate as instructed by the probation officer in a program of substance abuse
treatment (outpatient and/or inpatient) which may include testing for substance abuse. You must
contribute to the cost of treatment in an amount to be determined by the probation officer.
8) You must submit to substance abuse testing. You must not attempt to obstruct or tamper with the
testing methods. You must contribute to the cost of testing in an amount to be determined by the
probation officer.
9) You must not use or possess alcohol or alcoholic beverages.
THE COURT FINDS that you have been sentenced in accordance with the terms of the plea agreement
and that you have waived your right to appeal and to collaterally attack this matter. The waiver has been
knowingly and voluntarily made with a factual basis and with an understanding of the consequences of
the waiver.
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USA vs. James Theodore Polzin
The Court may change the conditions of probation or supervised release or extend the term of
supervision, if less than the authorized maximum, at any time during the period of probation or
supervised release. The Court may issue a warrant and revoke the original or any subsequent sentence
for a violation occurring during the period of probation or supervised release.
The Court orders commitment to the custody of the Bureau of Prisons.
The defendant is remanded to the custody of the United States Marshal.
Date of Imposition of Sentence: Thursday, April 07, 2022
Dated this 7th day of April, 2022.
Honorable John J. Tuchi
United States District Judge
RETURN
I have executed this Judgment as follows:
, the institution
defendant delivered on to at
designated by the Bureau of Prisons with a certified copy of this judgment in a Criminal case.
United States Marshal By: Deputy Marshal
CR-21-00264-001-PHX-JJT- Polzin 4/7/2022 - 3:25 PM
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