Judgment in a Criminal Case, United States v — No. 5:22-cr-00100 (Dkt. 130, E.D. Ky.)

Summary

A judgment in a criminal case in United States v. Kelly Harris, No. 5:22-cr-00100-REW-MAS, in the U.S. District Court for the Eastern District of Kentucky, Central Division at Lexington, filed July 2, 2024 as Doc #: 130 by Honorable Robert E. Wier, U.S. District Judge. The defendant was found guilty after a plea of not guilty on Counts 1, 2, 3, 5, 6, 7, 8, and 10 of the indictment, each wire fraud under 18:1343, with offenses ending between May 5, 2020 and June 26, 2020. The court imposed FORTY-SIX (46) MONTHS of imprisonment, concurrent on each count, and TWO (2) YEARS of supervised release, and remanded the defendant to the United States Marshal. The judgment orders an assessment of $800.00, waives the fine, and orders restitution of $110,785.42 to SBA/DFC, joint and several with co-defendant Neal Harris.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Judgment in a Criminal Case, United States v — No. 5:22-cr-00100 (Dkt. 130, E.D. Ky.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-in-a-criminal-case-united-states-v-no-5-22-cr-00100-dkt-130-e-b9a814148a/, SHA-256 8512e4e61df79fef71490c50519710050db9f1479e06864506f9d7b52e2a83fa.

Full text

Case: 5:22-cr-00100-REW-MAS Doc #: 130 Filed: 07/02/24 Page: 1 of 7 - Page ID#: 780
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1
Eastern District of Kentucky
FILED
UNITED STATES DISTRICT COURT
JUL O2
Eastern District of Kentucky - Central Division at Lexington
AT LEXINGTON
)
UNITED STATES OF AMERICA )
v. )
)
Kelly Harris ) Case Number: 5:22-CR-100-REW-0l
) USM Number: 21012-510
)
) Ned Pillersdorf
) Defendant's Attorney
THE DEFENDANT:
0 pleaded guilty to count(s)
0 pleaded nolo contendere to count(s)
which was accepted by the court.
Ii<;] was found guilty on count(s) I, 2, 3, 5, 6, 7, 8 and 10 of the Indictment [DE#!]
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
18:1343 Wire Fraud May 5, 2020 I
18:1343 Wire Fraud May 6, 2020 2
18:1343 Wire Fraud May 6, 2020 3
18: 1343 Wire Fraud May 13, 2020 5
18: 1343 Wire Fraud May 22, 2020 6
18: 1343 Wire Fraud June 4, 2020 7
18:1343 Wire Fraud June 16, 2020 8
18: 1343 Wire Fraud June 26, 2020 10
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.

0 The defendant has been found not guilty on count(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

0 Count(s) D are dismissed on the motion of the United States.
--------------- 0 is
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.

Jul I 2024
Date of Imposition of Judgment

Signature ofJudge

Honorable Robert E. Wier, U.S. District Judge
Name and Title of Judge
Case: 5:22-cr-00100-REW-MAS Doc #: 130 Filed: 07/02/24 Page: 2 of 7 - Page ID#: 781
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 2 - Imprisonment

Judgment - Page _ _,2~_ of 7
DEFENDANT: Kelly Harris
CASE NUMBER: 5:22-CR-l 00-REW-01

IMPRISONMENT

The defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a total term of:

Forty-Six (46) months on each of Counts 1, 2, 3, 5, 6, 7, 8, and 10, all to run concurrently with each other, for a total term of
FORTY-SIX (46) MONTHS

IZI The court makes the following recommendations to the Bureau of Prisons:
That the defendant have access to all educational and vocational training programs for which she qualifies.
That the defendant be screened for any appropriate mental health treatment and that she be allowed to participate, if deemed apt.
That the defendant be designated to the facility for which she qualifies nearest to her residence.

IZI 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
--------- □ a.m. p.m. on
----------
D as notified by the United States Marshal.

D The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

D before 2 p.m. on
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 UNlTED STATES MARSHAL
Case: 5:22-cr-00100-REW-MAS Doc #: 130 Filed: 07/02/24 Page: 3 of 7 - Page ID#: 782
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page -~3'--- of 7
DEFENDANT: Kelly Harris
CASE NUMBER: 5 :22-CR-100-REW-0 1

SUPERVISED RELEASE
Upon release from imprisomnent, you will be on supervised release for a term of:
Two (2) Years on each of Counts 1, 2, 3, 5, 6, 7, 8, and 10, all to run concurrently, for a total term of
TWO (2) YEARS

STATUTORILY MANDATED CONDITIONS
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess or use a controlled substance.
3. You must submit to a drug test within 15 days of supervision commencement. USPO shall subsequently test Defendant at least twice
thereafter and may test Defendant as frequently as monthly/weekly/biweekly during the supervision term. USPO may seek Court
permission for more frequent testing, if warranted. USPO may re-test if any test sample is invalid.
ISi 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. ISi 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. ISi 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, if apphcable.)

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
pages. The Court has considered§ 3583(d)(l)-(3) in formulating all additional conditions.
Case: 5:22-cr-00100-REW-MAS Doc #: 130 Filed: 07/02/24 Page: 4 of 7 - Page ID#: 783
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A - Supervised Release

Judgment-Page 4 of 7
DEFENDANT: Kelly Harris
CASE NUMBER: 5:22-CR-l 00-REW-O I

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.

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 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 IO 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. The Court excepts from this condition your spouse, Neal Harris, unless the Court modifies by later order.
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 lasers).
11. 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.
12. You must follow the instrnctions 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 ofProbation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Date _ _ _ _ _ _ _ _ _ _ _ _ __
Case: 5:22-cr-00100-REW-MAS Doc #: 130 Filed: 07/02/24 Page: 5 of 7 - Page ID#: 784
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3D - Supervised Release

Judgment-Page 5
DEFENDANT: Kelly Harris
-- - of - -7- -
CASE NUMBER: 5:22-CR-1 00-REW-01

SPECIAL CONDITIONS OF SUPERVISION
1. You must not incur new credit card charges or open additional lines of credit without the approval of the probation
officer. USPO may not approve if you are not in compliance with the installment payment schedule. You must
provide the probation office with access to any requested financial information.
Case: 5:22-cr-00100-REW-MAS Doc #: 130 Filed: 07/02/24 Page: 6 of 7 - Page ID#: 785
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
Judgment - Page ---'6'-_ of 7
DEFENDANT: Kelly Harris
CASE NUMBER: 5:22-CR-100-REW-0 1

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal moneta1y penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 800.00 ($100/Count) $ 110,785.42 $ Waived $ NIA $ NIA

0 The determination ofrestitution is deferred until An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such detennination.
121 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
SBA/DFC $110,785.42
721 19th Street, Room 30 I
Denver, CO 80202

TOTALS $ -------'l'--'l-"'0,"-7"'85"'".4=2'--- $ _ _ _ _ _ _ __

0 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 18 U.S.C. § 3612(±). 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).

121 The court determined that the defendant does not have the ability to pay interest and it is ordered that:

121 the interest requirement is waived for the O fine 121 restitution.

0 the interest requirement for the O fine O 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 2015, Pub. L. No. 114-22.
••• Findings for the total amount of losses are required under Chapters 109A, 110, 11 OA, and 113A of Title 18 for offenses committed on or
after September 13, 1994, but before April 23, 1996.
Case: 5:22-cr-00100-REW-MAS Doc #: 130 Filed: 07/02/24 Page: 7 of 7 - Page ID#: 786
AO 245B (Rev. 09/19) Judgment in a Criminal Case Not for Public Disclosure
Attachment (Pagel) - Statement of Reasons

Judgment- Page 7 of 7
DEFENDANT: Kelly Harris
CASE NUMBER: 5:22-CR-l 00-REW-01

SCHEDULE OF PAYMENTS

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

A 181 Lump sum payment of$ 111,585.42 due immediately, balance due

D not later than , or
181 in accordance with □ C, □ D, 181 E, or 181 F below; or

B D Payment to begin immediately (may be combined with □ C, □ D,or D F 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 181 Restitution payments during incarceration shall begin upon incarceration and include at least 20% of any BOP earnings while
pmnlovPrl in RnP P~vmP.nt rl11rino thP: tP:nn nf <.mnP.rvi,;:pcl rP:lP:~<.::P urill l"'.nmmP:nl"'P: u,ithin h() rl~v<:. ~ftpr rP:IP~'lP. frnm imnri..::nnmPnt
employed in the BOP. Payment during the term of supervised release will commence within 60 days after release from
imprisonment. The Court will set a payment plan based on an assessment of the defendant's ability to pay at that time. These
terms in no way limit the Government's ability or power to collect the fmancial parts of this Judgment against any other assets or
earnings of Kelly Harris. Kelly Harris is liable for payment of the full restitution amount, unreduced by any apportionment.

F 181 Special instructions regarding the payment of criminal monetary penalties:

Criminal monetary penalties are payable to:
Clerk, U. S. District Court, Eastern District of Kentucky
IOI Barr Street, Room 206, Lexington, KY 40507

INCLUDE CASE NUMBER WITH ALL CORRESPONDENCE

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.

181 Joint and Several

Case Number
Defendant and Co-Defendant Names
(including defendant number) Total Amount Joint and Several Amount Corresponding Payee, if appropriate
5:22-CR-100-REW-02
Neal Harris (pending sentencing at this time) TBD TBD SBA/DFC

D The defendant shall pay the cost of prosecution.

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

181 The defendant shall forfeit the defendant's interest in the following property to the United States:
As listed in the Preliminary Order of Forfeiture for Forfeiture Money Judgment filed in DE #119.

Payments shall be applied in the following order: (I) assessment, (2) restitution principal, (3) restitution interest, (4) AV AA assessment,

File and source

File: 130-judgment-in-a-criminal-case-united-states-v-kelly-harris-5-2.pdf
Size: 149,189 bytes
SHA-256: 8512e4e61df79fef71490c50519710050db9f1479e06864506f9d7b52e2a83fa
Our copy: 130-judgment-in-a-criminal-case-united-states-v-kelly-harris-5-2.pdf
Original: archive.org