Judgment in a Criminal Case — United States v. Paul D. McCown, District of Wyoming (Document 40)

Summary

A judgment in a criminal case, United States of America v. Paul D. McCown, Case Number 22-CR-23-SWS, in the U.S. District Court for the District of Wyoming, filed July 12, 2022 as Document 40. The judgment records guilty pleas to counts 1 through 7, wire fraud under 18 U.S.C. § 1343, with offenses concluded in 2021; sentence was imposed July 8, 2022 by the court's Chief United States District Judge. The sentence is 63 months of imprisonment on each count, concurrent, and 3 years of supervised release, with conditions barring sole access to business bank accounts or payroll systems. The judgment orders special assessments totaling $700.00, holds restitution in abeyance until July 29, 2022, and orders forfeiture of $13,303,176.76.

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“Judgment in a Criminal Case — United States v. Paul D. McCown, District of Wyoming (Document 40).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-1-22-cr-00023-dkt-40-d-wyo-e38910c95f/, SHA-256 8b3bc735496168c5e63a70d9521da52e63311c1f21219a9e9bbd5e3752e27f35.

Full text

Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 1 of 9

UNITED STATES DISTRICT COl^RT': /, '^
FOR THE DISTRICT OF WYOMING.,-

UNITED STATES OF AMERICA

vs Case Number:22-CR-23-SWS

Defendant's Attorney(s);
PAUL D. McCOWN
Jason Tangeman

JUDGMENT IN A CRIMINAL CASE

THE DEFENDANT pled guilty to counts 1, 2, 3, 4, 5,6 and 7.

ACCORDINGLY,the court has adjudicated that the defendant is guilty of the following
offense(s):
Title and Section Nature of Offense Date Offense Concluded
Number(s)
18 U.S.C. § 1343 Wire Fraud May II, 2021 1-4
18 U.S.C. § 1343 Wire Fraud July 1,2021 5-7
The defendant is sentenced as provided in pages 2 through 9 of this Judgment. The sentence is
imposed pursuant to the Sentencing Reform Act of 1984.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this
district within 30 days of any change of residence or mailing address until all fines, restitution,
costs, and special assessments imposed by this judgment are fully paid.

IT IS FURTHER ORDERED that restitution shall be held in abeyance until July 29, 2022.

Defendant's USM No:90788-509 July 8, 2022
Date of Imposition of Sentence

)COtt W. Skavdahl
Chief United States District Judge

Date

WY 14 Rev. 06/03/2022
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 2 of 9

IMPRISONMENT

The defendant is hereby committed to the custody ofthe United States Bureau of Prisons to be
imprisoned for a term of63 months as to each Counts 1,2, 3,4, 5,6 and 7, to be served
concurrently.

The Court recommends to the Bureau of Prisons that the defendant be placed at a facility in or
near Orange County, California. The Court recommends the defendant participate in the
Residential Drug Abuse Program.

The defendant shall surrender forservice of sentence at the institution designated by the Bureau
of Prisons, on the date determined by the Bureau of Prisons and as notified by the U.S.
Probation and Pretrial Services Office.

RETURN

I have executed this Judgment as follows:

Defendant delivered on to at
,with a certified copy ofthis Judgment.

United States Marshal/Bureau of Prisons

By:
Authorized Agent

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 2 OF 9
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 3 of 9

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of3
years as to Counts 1,2, 3,4, 5,6 and 7,to be served concurrently.

The defendant shall not commit another federal, state or local crime.

The defendant shall not illegally possess a controlled substance.

The defendant shall refrain from any unlawful use of a controlled substance; however,
mandatory drug testing for this defendant is waived. The defendant shall be subject to
alcohol testing, if directed by the U.S. Probation Officer, at a rate of no more than 15 tests per
month.

If a fine is imposed and has not been paid upon release to supervised release, the defendant shall
adhere to an installment schedule to pay that fine.

The defendant shall(A)make restitution in accordance with 18 U .S.C. §§ 2248, 2259, 2264,
2327, 3663,3663A,and 3664; and (B)pay the assessment imposed in accordance with 18
U.S.C. § 3013. Ifthere is a court-established payment schedule for making restitution or paying
the assessment(see 18 U.S .C. § 3572(d)), the defendant shall adhere to the schedule.

The defendant shall submit to the collection of a DNA sample at the direction ofthe United
States Probation Office ifthe collection ofsuch a sample is authorized pursuant to section 3 of
the DNA Analysis Backlog Elimination Act of2000(42 U.S .C. § 14135a).

The defendant shall comply with the standard conditions that have been adopted by this Court as
defined in the contents ofthe Standard Conditions page (if included in this Judgment). If this
judgment imposes a restitution obligation, it shall be a condition of supervised release that the
defendant pay any such restitution that remains unpaid at the commencement ofthe term of
supervised release. The defendant shall comply with the following additional conditions:

The defendant shall not incur any new debt or credit without permission ofthe U.S. Probation
Officer, until all court-ordered financial penalties are paid in full.

The defendant shall provide full financial disclosure to the U.S. Probation Officer, including
detailed documentation ofincome and expenses, until all court-ordered financial penalties are
paid in full.

The defendant shall not open more than one checking account or savings account without the
prior approval ofthe U.S. Probation Officer.

The defendant shall disclose all online financial and email accounts and shall allow the U.S.
Probation Officer to review and monitor these accounts.

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 3 OF 9
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 4 of 9

The defendant shall cooperate with the Internal Revenue Service and file tax returns timely and
lawfully, and pay any back taxes, penalties and interest as determined by the Internal Revenue
Service.

The defendant shall not work as a business manager or bookkeeper, or hold any position of
employment in which he has sole access to bank accounts, payroll systems, financial records, or
the personal identifiers of any individuals; however, he may perform these positions and/or
duties if supervised by a business partner. He shall not be a signatory on any business account
without a co-signatory and shall not be in a position to deposit or distribute funds with respect to
any business account without supervision by a business partner or co-signatory. He shall allow
the U.S. Probation Officer access to any and all business records.and permit the U.S. Probation
Officer to review any business accounts upon which the defendant is a signatory.

The defendant shall apply the full amount ofany annual federal and/or state income tax refund
toward payment of any monetary obligations. In addition, if the defendant receives substantial
resources(over $500)from any source, including but not limited to inheritance, gift, liquidation
of assets, settlement, or other judgment, during a period of supervision, the defendant shall be
required to apply the value of such resources to any restitution or other monetary obligations still
owed. Regardless of any lump sum payments made from any source, minimum monthly
payments shall continue to be made during the period of supervision. At the direction ofthe
probation officer, the defendant shall execute a voluntary wage assignment with any employer
for the payment ofoutstanding monetary obligations.

The defendant shall submit his person, residence, storage facility, office, computer devices, or
vehicle to a search, conducted by a U.S. Probation Officer at a reasonable time and in a
reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of
a condition; failure to submit to a search may be grounds for revocation; the defendant shall
warn any other residents that the premises may be subject to searches pursuant to this condition.

The defendant shall participate in a cognitive-behavioral treatment regimen that may include, but
is not limited to. Moral Reconation Therapy, Cognitive Thinking, Thinking for a Change, or
Interactive Joumaling. The defendant shall actively participate in treatment until successfully
discharged or until the U.S. Probation Officer has excused the defendant from the treatment
regimen.

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 4 OF 9
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 5 of 9

STANDARD CONDITIONS OF SUPERVISION

1. The defendant shall report to the probation office in the federal judicial district where he or
she is authorized to reside within 72 hours of the time the defendant was sentenced or
released from imprisonment, unless the probation officer instructs the defendant to report to
a different probation office or within a different time frame.

2. After initially reporting to the probation office, the defendant will receive instructions from
the court or the probation officer about how and when to report to the probation officer, and
the defendant shall report to the probation officer as instructed.

3. The defendant shall not knowingly leave the federal judicial district where he or she is
authorized to reside without first getting permission from the court or the probation officer.

4. The defendant shall answer truthfully the questions asked by the probation officer.

5. The defendant shall live at a place approved by the probation officer. If the defendant plans
to change where he or she lives or anything about his or her living arrangements(such as
the people the defendant lives with), the defendant shall 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, the defendant shall notify the probation
officer within 72 hours of becoming aware of a change or expected change.

6. The defendant shall allow the probation officer to visit the defendant at any time at his or
her home or elsewhere, and the defendant shall permit the probation officer to take any
items prohibited by the conditions of the defendant's supervision that he or she observes in
plain view.

7. The defendant shall work full time (at least 30 hours per week)at a lawful type of
employment, unless the probation officer excuses the defendant from doing so. If the
defendant does not have full-time employment he or she shall try to find full-time
employment, unless the probation officer excuses the defendant from doing so. If the
defendant plans to change where the defendant works or anything about his or her work
(such as the position or the job responsibilities), the defendant shall 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, the defendant shall notify the
probation officer within 72 hours of becoming aware of a change or expected change.

8. The defendant shall not communicate or interact with someone the defendant knows is
engaged in criminal activity. If the defendant knows someone has been convicted of a
felony, the defendant shall not knowingly communicate or interact with that person without
first getting the permission of the probation officer.

9. If the defendant is arrested or questioned by a law enforcement officer, the defendant shall
notify the probation officer within 72 hours.

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 5 OF 9
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 6 of 9

10. The defendant shall 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. The defendant shall 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. If the probation officer determines that the defendant poses a risk to another person
(including an organization), the probation officer may, after obtaining Court approval,
require the defendant to notify the person about the risk and the defendant shall comply
with that instruction. The probation officer may contact the person and confirm that the
defendant has notified the person about the risk.

13. The defendant shall follow the instructions ofthe probation officer related to the conditions
of supervision.

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 6 OF 9
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 7 of 9

FINANCIAL PENALTIES

The defendant shall pay the following total financial penalties in accordance with the schedule of
payments set out below.

Count Assessment Restitution Fine

1 $100.00
Notes:

2 $100.00
Notes:

3 $100.00
Notes:

4 $100.00
Notes:

5 $100.00
Notes:

6 $100.00
Notes:

7 $100.00
Notes:

Totals: $700.00

The fine and/or restitution includes any costs of incarceration and/or supervision. The fine and/
or restitution, which is due immediately, is inclusive of all penalties and interest, if applicable.

The defendant shall pay interest on any fine and/or restitution of more than Two Thousand Five
Hundred Dollars($2,500.00), unless the fine and/or restitution is paid in full before the fifteenth
day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All ofthe below payment
options are subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
The court has determined that the defendant does not have the ability to pay interest or penalties
and it is ordered that:

The interest and penalties not be applied to fine and/or restitution.

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 7 OF 9
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 8 of 9

RESTITUTION

The defendant shall make restitution to the following persons in the following amounts:

Name ofPayee Amount of Restitution

Office of the Clerk
United States District Court
2120 Capitol Avenue
2nd Floor, Room 2131
Cheyenne, WY 82001

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 8 OF 9
Case 1:22-cr-00023-SWS Document 40 Filed 07/12/22 Page 9 of 9

SCHEDULE OF PAYMENTS

Payments shall be applied in the following order:(1)assessment;(2)restitution;(3)fine
principal;(4)cost of prosecution;(5)interest;(6) penalties.

The total fine and other monetary penalties shall be due in full immediately.

IT IS ORDERED the defendant shall pay a special assessment fee in the amount of$700.00,
which shall be due immediately. Payments for monetary obligations shall be made payable by
cashier's check or money order to the Clerk of the U.S. District Court, 2120 Capitol Avenue,
Room 2131, Cheyenne, Wyoming 82001 and shall reference the defendant's case number, 22-
CR-23-SWS. The defendant shall participate in the Inmate Financial Responsibility Program to
pay his/her monetary obligations. The defendant shall pay all financial obligations immediately.
While incarcerated, the defendant shall make payments of at least $25 per quarter. Any amount
not paid immediately or through the Inmate Financial Responsibility Program shall be paid
commencing 60 days after his/her release from confinement in monthly payments of not less
than 10% ofthe defendant's gross monthly income. All monetary payments shall be satisfied not
less than 60 days prior to the expiration ofthe term of supervised release.

MONETARY OBLIGATIONS / FORFEIT PROPERTY

The Defendant shall forfeit the following property:
$13,303,176.76 to be deposited with the Clerk of Court upon order ofthe Court in a
separate order.

22-CR-23-SWS JUDGMENT IN A CRIMINAL CASE
PAUL D. McCOWN PAGE 9 OF 9

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