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Home Source documents Judgment in a Criminal Case — Peter Khaim, No. 1:20-cr-00580-AMD-1 (Dkt. 134, E.D.N.Y.)

Judgment in a Criminal Case — Peter Khaim, No. 1:20-cr-00580-AMD-1 (Dkt. 134, E.D.N.Y.)

Summary

Judge Ann M. Donnelly of the Eastern District of New York sentenced Peter Khaim on 6/24/2024, after a guilty plea to Count 2, conspiracy to commit money laundering, with the offense ending 12/31/2020 and all open counts dismissed on the government's motion. The judgment imposes Ninety-seven (97) months in prison, twelve months of which run consecutive with the Southern District of New York sentence, and two years of supervised release concurrent with the Southern District of New York term. Khaim owes $18,921,139.21 in restitution to the Centers for Medicare and Medicaid Services and a $100.00 assessment, with restitution payable at $25 per quarter in custody and 10 percent of monthly gross income on release. The court recommends Fort Dix or a facility with the Residential Drug & Alcohol Program and set surrender for before 2 p.m. on 9/11/2024. The judgment was filed on 06/27/24.

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             Case 1:20-cr-00580-AMD Document 134 Filed 06/27/24 Page 1 of 7 PageID #: 1249
AO 245B(Rev. 10/13/2021) Judgment in a Criminal Case
                      Sheet 1




                                       United States District Court
                                                         Eastern District of New York

              UNITED STATES OF AMERICA                                             JUDGMENT IN A CRIMINAL CASE
                                 V.


                         PETER KHAIM                                               Case Number: 1:20-cr-00580-AMD-1

                                                                                   USM Number: 23117-509

                                                                                    James R. Froccaro, Esq
                                                                                   Defendant's Attorney
THE DEFENDANT:
El pleaded guilty to count(s)      2 of the Indictment
□ pleaded nolo contendere to count(s)
   which was accepted by the court.
□ 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. §§ 1956(h),            CONSPIRACY TO COMMIT MONEY LAUNDERING                                     12/31/2020                      2S

1956(a)(1)(B)(i), 1956

(a)(2)(B)(i), and 1957

       The defendant is sentenced as provided in pages 2 through               7          of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
□ The defendant has been found not guilty on count(s)
BlCount(s)       All open counts                        □ is      El 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 fmes, 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.

                                                                                                          6/24/2024
                                                                         Date dinmpo^tt6n of Judgtuen


                                                                                   s/Ann M. Donnelly
                                                                         Signature of Judge




                                                                                      Ann M. Donnelly, United States District Judge
                                                                         Name and Title of Judge


                                                                          A
                                                                         Dat
             Case 1:20-cr-00580-AMD Document 134 Filed 06/27/24 Page 2 of 7 PageID #: 1250
AO 245B (Rev. 09/19) Judgment in Criminal Case
                     Sheet 2 — Imprisonment
                                                                                                      Judgment — Page      of
DEFENDANT:             PETER KHAIM
CASE NUMBER: 1:20-cr-00580-AMD-1


                                                            IMPRISONMENT

          The defendant is hereby committed to the custody ofthe Federal Bureau of Prisons to be imprisoned for a
total term of:
             Ninety-seven (97) months. Twelve(12) months will run consecutive with the Southern District of New York
 sentencing.




      si The court makes the following recommendations to the Bureau ofPrisons:
           The Defendant be designated to Fort Dix and/or a facility with the Residential Drug & Alcohol Program (RDAP).




      □ The defendant is remanded to the custody of the United States Marshal.

      □ The defendant shall surrender to the United States Marshal for this district:

          □ at                                     □ a.m.      □ p.m.        on
          □ as notified by the United States Marshal.

      □ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
          ET before 2 p.m. on          9/11/2024                         .
          □ as notified by the United States Marshal.
          □ 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 1:20-cr-00580-AMD Document 134 Filed 06/27/24 Page 3 of 7 PageID #: 1251

AO 245B(Rev. 09/19) Judgment in a Criminal Case
                    Sheet3 — Supervised Release
                                                                                                          Judgment—Page   d     of
DEFENDANT: PETER KHAIM
CASE NUMBER: 1:20-cr-00580-AMD-1
                                                         SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of:
 Two(2) years to run concurrently with the Southern District of New York supervised release.




                                                     MANDATORY CONDITIONS

1.      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 ofrelease 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 you
                   pose a low risk of future substance abuse, (check ifapplicable)
4.       □ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
            restitution, (check tfapplicable)
5.          You must cooperate in the collection of DNA as directed by the probation officer, (check ifapplicable)
6.       □ 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.       □ You must participate in an approved program for domestic violence, (check ifapplicable)

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 1:20-cr-00580-AMD Document 134 Filed 06/27/24 Page 4 of 7 PageID #: 1252
AO 245B(Rev.09/19) Judgment in a Criminal Case
                   Sheet 3A — Supervised Release
                                                                                             Judgment—^Page        4       of
DEFENDANT: PETER KHAIM
CASE NUMBER: 1:20-cr-00580-AMD-1


                                       STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions ofsupervision. 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 your
     release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
     fimne.
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 yourjob
    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 ofa 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 ofa felony, you must not knowingly communicate or interact with that person without first getting the permission ofthe
    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 ofcausing bodily injury or death to another person such as nunchalms 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 ofthe court.
12. Ifthe 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 ofthe 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 confirm that you have notified the person about the risk..
13. You must follow the instructions ofthe probation officer related to the conditions ofsupervision.


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 vvritten copy ofthis
judgment containing these conditions. For further information regarding these conditions, see Overview ofProbation and Supervised
Release Conditions, available at: www.uscourts.gov.


Defendant's Signature                                                                                  Date
           Case 1:20-cr-00580-AMD Document 134 Filed 06/27/24 Page 5 of 7 PageID #: 1253
A0245B(Rev.09/19) Judgment in a Criminal Case
                  Sheet 3D — Supervised Release
                                                                                            Judgment—^Page        of
DEFENDANT: PETER KHAIM
CASE NUMBER: 1:20-cr-00580-AMD-1


                                     SPECIAL CONDITIONS OF SUPERVISION
1. 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 his 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.

2. The defendant shall comply with the restitution order.

3. 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 retums. 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.
             Case 1:20-cr-00580-AMD Document 134 Filed 06/27/24 Page 6 of 7 PageID #: 1254
AO 245B (Rev. 09/19) Judgment in a Criminal Case
                     Sheets—Criminal Monetary Penalties
                                                                                                               Judgment — Page       6    of
DEFENDANT: PETER KHAIM
CASE NUMBER: 1:20-cr-00580-AMD-1
                                                 CRIMINAL MONETARY PENALTIES

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

                       Assessment               Restitution                        Fine                  AVAA Assessment*            JVTA Assessment**
TOTALS           $ 100.00                      $ 18,921,139.21           $                           $                           $


 □ 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(1), all nonfederal victims must be paid
     before the United States is paid.

Name of Payee                                                      Total Loss***                     Restitution Ordered         Priority or Percentage
  Centers for Medicare and                                                   $18,921,139.21

  Medicaid Services

  □vision of Accounting Operat
  P.O. Box 7520

  Baltimore, MD 21207-0520




TOTALS                              $               18,921,139.21                         $                    0.00


□     Restitution amount ordered pursuant to plea agreement $

□     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:

      □ the interest requirement is waived for the                 □ fine           □ restitution.

      □ the interest requirement for the            □   fine        □ restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of^015. Pub. L. No. 114-22.
        J?       . .ti- _ j..       .   ^ Wi                   j     « _ . .1-11
*** Findings for the total amount of losses are required under (Chapters 109A, 110,1 lOA, and 113A of Title 18 for offenses committed on
or after September 13,1994, but before April 23,1996.
             Case 1:20-cr-00580-AMD Document 134 Filed 06/27/24 Page 7 of 7 PageID #: 1255
AO 245B(Rev. 09/19) Judgment in a Criminal Case
                      Sheet6 — Schedule ofPayments
                                                                                                            Judgment — Page             of
DEFENDANT: PETER KHAIM
CASE NUMBER: 1:20-cr-00580-AMD-1


                                                     SCHEDULE OF PAYMENTS

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

A     g] Lump sum payment of$ 100.00                          due immediately, balance due

            □    not later than                                   ,or
            □     in accordance with □ C,         □ D,       □     E, or     □ F below; or

B     □ Payment to begin immediately (may be combined with                 DC,         □ D, or      DP below); or

C     □    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     □    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     □    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     21 Special instructions regarding the payment of criminal monetary penalties:
          Restitution is due immediately and payable at a rate of $25 per quarter while the defendant is in custody and 10
            percent of the defendants monthly gross while on supervised release.




Unless the court has expressly ordered otherwise, ifthis Judjgment imposes imprisonment, payment ofcriminal 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.



□     Joint and Several

      Case Number
      Defendant and Co-Defendant Names                                                  Joint and Several                 Corresponding Payee,
      (including defendant number)                       Total Amount                        Amount                           if appropriate




□     The defendant shall pay the cost of prosecution.

□     The defendant shall pay the following court cost(s):

□     The defendant shall forfeit the defendant's interest in the following property to the United States:



Payments shall be ^plied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (o) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, mcluding cost of
prosecufion and court costs.


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