Judgment in a Criminal Case — United States v. Phillip J. Augustin, Northern District of Ohio (Doc. 81)

Summary

A Judgment in a Criminal Case in United States v. Phillip J. Augustin, Case Number 1:21-CR-00805-PAB(2), in the U.S. District Court for the Northern District of Ohio, imposed May 6, 2022 and filed May 10, 2022 as Doc #: 81, signed by United States District Judge Pamela A. Barker. The defendant pleaded guilty to Count 1 of the Information, conspiracy to commit wire fraud, with the offense ended 06/30/2020. The sentence is Seventy-eight (78) months of imprisonment and Three (3) years of supervised release. Restitution totals $5,910,277.72: $3,400,650.74 to the SBA/DFC and $2,509,626.98 to Cross River Bank, joint and several with co-conspirators in related cases listed in the judgment. The defendant forfeits the contents of Fifth Third Bank accounts in the name of 60 Days Funding and Investment Group, approximately $271,588.28 and $8,681.07.

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“Judgment in a Criminal Case — United States v. Phillip J. Augustin, Northern District of Ohio (Doc. 81).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-1-21-cr-00805-dkt-81-n-d-ohio-604b3cffd5/, SHA-256 244302a90092983fb318fce0b3baec25e4b303b492283fab743775a52659ea30.

Full text

Case: 1:21-cr-00805-PAB Doc #: 81 Filed: 05/10/22 1 of 7. PageID #: 748

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
v. §
§ Case Number: 1:21-CR-00805-PAB(2)
PHILLIP J. AUGUSTIN § USM Number: 26423-104
§ Michael C. Grieco
§ Defendant’s Attorney

THE DEFENDANT:
☐ pleaded guilty to count(s)
pleaded guilty to Count 1 of the Information before a
☒ U.S. Magistrate Judge, which was accepted by the
court.
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
18:1349 Conspiracy To Commit Wire Fraud 06/30/2020 1

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)
☐ Count(s) ☐ is ☐ 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 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.

May 6, 2022
Date of Imposition of Judgment

s/Pamela A. Barker
Signature of Judge

Pamela A. Barker, United States District Judge
Name and Title of Judge

May 10, 2022
Date
Case: 1:21-cr-00805-PAB Doc #: 81 Filed: 05/10/22 2 of 7. PageID #: 749
AO 245B (Rev. 9/19) Judgment in a Criminal Case Judgment -- Page 2 of 7

DEFENDANT: PHILLIP J. AUGUSTIN
CASE NUMBER: 1:21-CR-00805-PAB(2)

IMPRISONMENT

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

Seventy-eight (78) months as to Count 1 of the Information.

☒ The court makes the following recommendations to the Bureau of Prisons:
Defendant shall be given credit for time already served in relation to this matter.

☐ 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:

☐ before 2 p.m. on
☒ 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: 1:21-cr-00805-PAB Doc #: 81 Filed: 05/10/22 3 of 7. PageID #: 750
AO 245B (Rev. 9/19) Judgment in a Criminal Case Judgment -- Page 3 of 7

DEFENDANT: PHILLIP J. AUGUSTIN
CASE NUMBER: 1:21-CR-00805-PAB(2)

SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: Three (3) years.

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 of
release 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 if applicable)
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 if applicable)
5. ☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
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 which you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. ☐ You must participate in an approved program for domestic violence. (check if 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: 1:21-cr-00805-PAB Doc #: 81 Filed: 05/10/22 4 of 7. PageID #: 751
AO 245B (Rev. 9/19) Judgment in a Criminal Case Judgment -- Page 4 of 7

DEFENDANT: PHILLIP J. AUGUSTIN
CASE NUMBER: 1:21-CR-00805-PAB(2)

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 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. If not in compliance with the condition of supervision requiring full-time
occupation, you may be directed to perform up to 20 hours of community service per week until employed, as approved or directed by
the pretrial services and probation officer.
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. As directed by the probation officer, you shall notify third parties who may be impacted by the nature of the conduct underlying
your current or prior offense(s) of conviction and/or shall permit the probation officer to make such notifications, and/or confirm your
compliance with this requirement.
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. I understand additional information regarding these
conditions is available at the www.uscourts.gov.

Defendant’s Signature Date
Case: 1:21-cr-00805-PAB Doc #: 81 Filed: 05/10/22 5 of 7. PageID #: 752
AO 245B (Rev. 9/19) Judgment in a Criminal Case Judgment -- Page 5 of 7

DEFENDANT: PHILLIP J. AUGUSTIN
CASE NUMBER: 1:21-CR-00805-PAB(2)

SPECIAL CONDITIONS OF SUPERVISION
Mandatory Drug Testing
You must refrain from any unlawful use of a controlled substance and submit to one drug test
within 15 days of release from imprisonment and to at least two periodic drug tests thereafter, as
determined by the Court.

Financial Disclosure
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.

No New Debt/Credit
You must not incur new credit charges or open additional lines of credit without the approval of
the probation officer.

Financial Windfall Condition
You must apply all monies received from income tax refunds, lottery winnings, judgments, and/or
any other anticipated or unexpected financial gains to the outstanding court-ordered financial
obligation.

Support Dependents
You must meet any legal obligation to support or make payment toward the support of any person,
including any dependent child, the co-parent or caretaker of a dependent child, or a spouse or
former spouse.

Substance Abuse Treatment and Testing
The defendant shall participate in an approved program of substance abuse testing and/or
outpatient or inpatient substance abuse treatment as directed by their supervising officer; and abide
by the rules of the treatment program. The probation officer will supervise your participation in
the program (provider, location, modality, duration, intensity, etc.). The defendant shall not
obstruct or attempt to obstruct or tamper, in any fashion, with the efficiency and accuracy of any
prohibited substance testing.

Mental Health Treatment
You must undergo a mental health evaluation and/or participate in a mental health treatment
program and follow the rules and regulations of that program. The probation officer, in
consultation with the treatment provider, will supervise your participation in the program
(provider, location, modality, duration, intensity, etc.).

Search / Seizure
You must submit your person, property, house, residence, vehicle, papers, computers (as defined
in 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media, or
office, to a search conducted by a United States 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.

The probation officer may conduct a search under this condition only when reasonable suspicion
exists that you have violated a condition of supervision and that the areas to be searched contain
evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable
manner.
Case: 1:21-cr-00805-PAB Doc #: 81 Filed: 05/10/22 6 of 7. PageID #: 753
AO 245B (Rev. 9/19) Judgment in a Criminal Case Judgment -- Page 6 of 7

DEFENDANT: PHILLIP J. AUGUSTIN
CASE NUMBER: 1:21-CR-00805-PAB(2)

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments page.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $100.00 $5,910,277.72 $.00 $.00

☐ The determination of restitution is deferred until An Amended Judgment in a Criminal Case (AO245C) will be entered
after such determination.
 The defendant must make restitution (including community restitution) to the following payees in the amount listed below to
be paid to the Clerk, U.S. District Court.

1. $3,400,650.74 is owed to the SBA/DFC, 721 19th Street, 3rd Floor, Room 301, Denver, CO 80202.
2. $2,509,626.98 is owed for Loan Numbers 3653567805, 6672637409, 7791007405, 6961537410 to:
Cross River Bank, Attention: Peter Novak, 400 Kelby Street, 14th Floor, Fort Lee, NJ 07024.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S.C.
§ 3664(i), all nonfederal victims must be paid before the United States is paid.

☐ 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 the schedule of
payments page 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 2015, Pub. L. No. 114-22
*** 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.
Case: 1:21-cr-00805-PAB Doc #: 81 Filed: 05/10/22 7 of 7. PageID #: 754
AO 245B (Rev. 9/19) Judgment in a Criminal Case Judgment -- Page 7 of 7

DEFENDANT: PHILLIP J. AUGUSTIN
CASE NUMBER: 1:21-CR-00805-PAB(2)

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 payments of $ due immediately, balance due

☐ not later than , or

☐ in accordance ☐ C, ☐ D, ☐ E, or ☐ F below; or

B ☒ Payment to begin immediately (may be combined with ☐ C, ☒ D, or ☒ 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 of 25% of defendant's gross income per month, through the Federal Bureau of Prisons Inmate Financial
Responsibility Program. Payment is to commence no later than 60 days following release from imprisonment to a term
of supervised release in monthly payments of at least a minimum of 10% of defendant's gross monthly income during
the term of supervised release and thereafter as prescribed by law.
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 ☒ Special instructions regarding the payment of criminal monetary penalties:
It is ordered that the Defendant shall pay to the United States a special assessment of $100.00 for Count 1, which
shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court.

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.
Joint and Several with the Defendant’s co-conspirators charged in at least the following related cases: United States v. Stote,
21-CR-00805-PAB (N.D. Ohio); United States v. Bostic, Case No. 20-cr-60139 (S.D. Fla.); United States v. Smith, Case No. 21-
CR-20001 (S.D. Fla.). United States v. McKenzie, Case No. 20-cr-60139 (S.D. Fla.); United States v. Walker, Case No. 20-cr-
 60159-RAR (S.D. Fla.); United States v. Bellamy, Case No. 21-CR-60064-RKA (S.D. Fla.); United States v. Thames, Case No.
21-CR-60125-RKA (S.D. Fla.); United States v. Johnson, Case No. 21-CR-60017-RKA (S.D. Fla.); United States v. Arnold, No.
21-CR-20331-BB (S.D. Fla.); United States v. Clark, Case No. 21-CR-60029-WPD (S.D. Fla.); United States v. Pierre, Case
No. 21-cr-60288-WPD (S.D. Fla.)
☐ Defendant shall receive credit on his restitution obligation for recovery from other defendants who contributed to the same
loss that gave rise to defendant's restitution obligation.
☐ 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:
All contents (approximately $271,588.28) of Fifth Third Bank account number ******2627. The account is in the name
of 60 Days Funding and Investment Group. Defendant is the authorized representative of 60 Days Funding and
Investment Group. All contents (approximately $8,681.07) of Fifth Third Bank account number ******2551. The
account is in the name of 60 Days Funding and Investment Group. Defendant is the authorized representative of 60 Days
Funding and Investment Group.

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) JVTA Assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.

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