Judgment in a Criminal Case — United States v. Tonye Johnson, Southern District of Florida (Document 57)

Summary

A Judgment in a Criminal Case in United States v. Tonye Johnson, Case Number 0:21-60017-CR-ALTMAN-001, in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, entered on the docket August 1, 2021 as Document 57. The defendant pleaded guilty to count one of the Information, conspiracy to commit wire fraud under 18 U.S.C. § 371, with the offense ended 08/01/2020. United States District Judge Roy K. Altman imposed a total term of 18 months of imprisonment, with surrender set for 9/29/2021, followed by 3 years of supervised release. The monetary penalties are a $100.00 assessment, a $0.00 fine and restitution of $165,722.13 payable to Celtic Bank. The judgment also forfeits the defendant's interest in property identified in the preliminary order of forfeiture.

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Cited in: Tonye Johnson

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“Judgment in a Criminal Case — United States v. Tonye Johnson, Southern District of Florida (Document 57).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-0-21-cr-60017-dkt-57-s-d-fla-72c07e10b9/, SHA-256 28d7fba8ae6a588f92420b5c26db6c62d2c82f0b2a26ff9d3e13b38932f1b84d.

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Case 0:21-cr-60017-RKA Document 57 Entered on FLSD Docket 08/01/2021 Page 1 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 1 of 6

UNITED STATES DISTRICT COURT
Southern District of Florida
Fort Lauderdale Division

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
TONYE JOHNSON Case Number: 0:21-60017-CR-ALTMAN-001
USM Number: 10847-509

Counsel For Defendant: Neil Blackman, Esq. and Andrew G.
Gay Jr., Esq.
Counsel For The United States: David A. Snyder, AUSA and
Philip B. Trout, AUSA
Court Reporter; Francine Salopek
The defendant pleaded guilty to count one of the Information.
The defendant is adjudicated guilty of these offenses:
OFFENSE
TITLE & SECTION NATURE OF OFFENSE COUNT
ENDED
18 U.S.C. § 371 Conspiracy to commit wire fraud 08/01/2020 1
The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed
pursuant to the Sentencing Reform Act of 1984.
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.

Date of Imposition of Sentence: 7/29/2021

____________________________________________
Roy K. Altman
United States District Judge

Date: 7/30/2021
Case 0:21-cr-60017-RKA Document 57 Entered on FLSD Docket 08/01/2021 Page 2 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 2 of 6

DEFENDANT: TONYE JOHNSON
CASE NUMBER: 0:21-60017-CR-ALTMAN-001
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of 18 months.
The court makes the following recommendations to the Bureau of Prisons: That the defendant be
designated as close to the Eastern District of Pennsylvania as possible, for family visitation.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons
before (noon) 12:00 p.m. on 9/29/2021.

RETURN
I have executed this judgment as follows:

Defendant delivered on ________________________________________ to ________________________________________

at ________________________________________, with a certified copy of this judgment.

___________________________________________
UNITED STATES MARSHAL

___________________________________________
DEPUTY UNITED STATES MARSHAL
Case 0:21-cr-60017-RKA Document 57 Entered on FLSD Docket 08/01/2021 Page 3 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 3 of 6

DEFENDANT: TONYE JOHNSON
CASE NUMBER: 0:21-60017-CR-ALTMAN-001
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years.

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 defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.

The defendant shall cooperate in the collection of DNA as directed by the probation officer.

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
1. 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 and shall submit a truthful and complete written report within the first fifteen
days of each month;
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.
Case 0:21-cr-60017-RKA Document 57 Entered on FLSD Docket 08/01/2021 Page 4 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 4 of 6

DEFENDANT: TONYE JOHNSON
CASE NUMBER: 0:21-60017-CR-ALTMAN-001

SPECIAL CONDITIONS OF SUPERVISION

Financial Disclosure Requirement - The defendant shall provide complete access to financial information,
including disclosure of all business and personal finances, to the U.S. Probation Officer.

No New Debt Restriction - The defendant shall not apply for, solicit or incur any further debt, included but not
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or through
any corporate entity, without first obtaining permission from the United States Probation Officer.

Substance Abuse Treatment - The defendant shall participate in an approved treatment program for drug and/or
alcohol abuse and abide by all supplemental conditions of treatment. Participation may include
inpatient/outpatient treatment. The defendant will contribute to the costs of services rendered (co-payment) based
on ability to pay or availability of third party payment.

Unpaid Restitution, Fines, or Special Assessments - If the defendant has any unpaid amount of restitution,
fines, or special assessments, the defendant shall notify the probation officer of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay.
Case 0:21-cr-60017-RKA Document 57 Entered on FLSD Docket 08/01/2021 Page 5 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 5 of 6

DEFENDANT: TONYE JOHNSON
CASE NUMBER: 0:21-60017-CR-ALTMAN-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 $165,722.13
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
CELTIC BANK
268 SOUTH STATE STREET, SUITE 300 $165,722.13 $165,722.13
SALT LAKE CITY, UTAH
Restitution with Imprisonment - It is further ordered that the defendant shall pay restitution in the
amount of $165,722.13. During the period of incarceration, payment shall be made as follows: (1) if the
defendant earns wages in a Federal Prison Industries (UNICOR) job, then the defendant must pay 50% of
wages earned toward the financial obligations imposed by this Judgment in a Criminal Case; (2) if the
defendant does not work in a UNICOR job, then the defendant must pay a minimum of $25.00 per quarter
toward the financial obligations imposed in this order. Upon release of incarceration, the defendant shall
pay restitution at the rate of 10% of monthly gross earnings, until such time as the court may alter that
payment schedule in the interests of justice. The U.S. Bureau of Prisons, U.S. Probation Office and U.S.
Attorney’s Office shall monitor the payment of restitution and report to the court any material change in
the defendant’s ability to pay. These payments do not preclude the government from using other assets or
income of the defendant to satisfy the restitution obligations.
* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for
offenses committed on or after September 13, 1994, but before April 23, 1996.
**Assessment due immediately unless otherwise ordered by the Court.
Case 0:21-cr-60017-RKA Document 57 Entered on FLSD Docket 08/01/2021 Page 6 of 6
USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 6 of 6

DEFENDANT: TONYE JOHNSON
CASE NUMBER: 0:21-60017-CR-ALTMAN-001
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as
follows:
A. Lump sum payment of $100.00 due immediately.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal
monetary penalties is due during 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.
This assessment/restitution is payable to the CLERK, UNITED STATES COURTS and is to be addressed to:
U.S. CLERK'S OFFICE
ATTN: FINANCIAL SECTION
400 NORTH MIAMI AVENUE, ROOM 08N09
MIAMI, FLORIDA 33128-7716
The assessment/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the
U.S. Attorney's Office are responsible for the enforcement of this order.
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and
Several Amount, and corresponding payee, if appropriate.
CASE NUMBER
JOINT AND SEVERAL
DEFENDANT AND CO-DEFENDANT NAMES TOTAL AMOUNT
AMOUNT
(INCLUDING DEFENDANT NUMBER)
The Government shall file a final order of forfeiture within 3 days.
The defendant shall forfeit the defendant’s interest in the following property to the United States:
The defendant's right, title and interest to the property identified in the preliminary order of forfeiture, which has
been entered by the Court and is incorporated by reference herein, is hereby forfeited.
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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