Judgment in a Criminal Case — United States v. Jason Carl Pears, Southern District of Alabama (Document 56)

Summary

A Judgment in a Criminal Case in United States v. Jason Carl Pears, Case Number 1:22-CR-00079-001, in the U.S. District Court for the Southern District of Alabama, filed November 22, 2022 as Document 56. It records guilty pleas to counts 1, 2 and 6 of the Indictment for wire fraud under 18 USC § 1343 and money laundering under 18 USC § 1957; Counts 3-5 and 7-26 are dismissed on the motion of the United States. The sentence is THIRTY (30) months of imprisonment on each count, concurrent, and three years of supervised release. Penalties are a $300.00 assessment and restitution of $1,208,083.95 payable to SBA/DFC. The defendant forfeits funds under an Order and Forfeiture Money Judgment in the Amount of $1,308,083.95 (Doc. 45) and property in a Preliminary Order of Forfeiture (Doc. 46), including real property in Mobile, AL and a 1999 Mercedes G500.

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“Judgment in a Criminal Case — United States v. Jason Carl Pears, Southern District of Alabama (Document 56).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-1-22-cr-00079-dkt-56-bc58f1d498/, SHA-256 a9bf4212a903ee9581b910427da88385607aa277e3a50516890704f952eab0b9.

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Case 1:22-cr-00079-TFM-N Document 56 Filed 11/22/22 Page 1 of 6 PageID #: 206

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
v. §
§ Case Number: 1:22-CR-00079-001
JASON CARL PEARS § USM Number: 99325-509
§ Thomas B. Walsh, Esquire
§ Defendant’s Attorney

THE DEFENDANT:
pleaded guilty to counts 1, 2 & 6 of the Indictment on 8/26/2022.

pleaded guilty to count(s) 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

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses:

Title & Section / Nature of Offense Offense Ended Count
18 USC § 1343 - Wire Fraud 06/30/2020 1&2
18 USC § 1957 - Money Laundering 08/28/2020 6

The defendant is sentenced as provided in pages 2 through 6 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)
Counts 3-5, 7-26 are dismissed on the motion of the United States.

IT IS FURTHER ORDERED that the defendant shall 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.

November 18, 2022
Date of Imposition of Judgment

/s/Terry F. Moorer
Signature of Judge

TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
Name and Title of Judge

November 22, 2022
Date
Case 1:22-cr-00079-TFM-N Document 56 Filed 11/22/22 Page 2 of 6 PageID #: 207
AO 245B (ALSD 09/19) Judgment in a Criminal Case Judgment -- Page 2 of 6

DEFENDANT: JASON CARL PEARS
CASE NUMBER: 1:22-CR-00079-001
IMPRISONMENT

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

THIRTY (30) months as to ecah of counts 1, 2 & 6 of the Indictment; all such terms are to be served concurrently.

The court makes the following recommendations to the Bureau of Prisons:

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 1:22-cr-00079-TFM-N Document 56 Filed 11/22/22 Page 3 of 6 PageID #: 208
AO 245B (ALSD 09/19) Judgment in a Criminal Case Judgment -- Page 3 of 6

DEFENDANT: JASON CARL PEARS
CASE NUMBER: 1:22-CR-00079-001
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: Three (3) years on each of Counts 1, 2
& 6; said terms to run concurrently.

Special Conditions:
1) Defendant shall participate in a mental health evaluation and comply with any treatment consistent with the findings of said
evaluation as recommended by the Probation Office. The defendant may incur costs associated with such program, based on ability to
pay as determined by the probation officer.

2) The defendant shall submit his person, house, residence, vehicle(s), papers, computer(s) (as defined by 18 U.S.C., § 1030(e)(1)), or
other electronic communication or data storage devices or media, business or place of employment and any other property under the
defendant’s control, to a search conducted by the United States Probation Office at a reasonable time and in a reasonable manner,
based upon a reasonable suspicion of contraband, or evidence of violation of condition of release. Failure to submit to a search in
accordance with this condition may be grounds for revocation. The defendant shall warn any other occupants that the premises may
be subject to searches pursuant to this condition.

3) The defendant is prohibited from making major purchases, incurring new credit charges, or opening additional lines of credit
without the permission of the Probation Officer, until such time as the financial obligations imposed by this court have been satisfied
in full.

4) The defendant shall provide the Probation Office access to any requested financial information.

5) The defendant shall make restitution as set forth on Sheets 5, Part A & 5, Part B of this Judgment.n

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 not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon.
4. 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 the defendant poses a low
Risk of future substance abuse. (Check, if applicable.)

5. 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)
6. You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
7. 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)
8. 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 additional conditions on the
attached page.

See Page 4 for the
“STANDARD CONDITIONS OF SUPERVISION”
Case 1:22-cr-00079-TFM-N Document 56 Filed 11/22/22 Page 4 of 6 PageID #: 209
AO 245B (ALSD 09/19) Judgment in a Criminal Case Judgment -- Page 4 of 6

DEFENDANT: JASON CARL PEARS
CASE NUMBER: 1:22-CR-00079-001
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. The defendant 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. The defendant shall report to the probation officer in a manner and frequency directed by the court or
probation officer.
3. The defendant 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. The defendant must answer truthfully the questions asked by your probation officer and follow the
instructions of the probation officer.
5. The defendant shall notify the probation officer at least 10 days prior to any change in residence or
employment.
6. The defendant 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. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for
schooling, training, or other acceptable reasons.
8. The defendant shall not associate with any persons engaged in criminal activity and shall not associate
with any persons convicted of a felony unless granted permission to do so by the probation officer.
9. The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned
by a law enforcement officer.
10. 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.
11. If the probation officer determines that you pose a risk to another person (including an
organization/employer), 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. The defendant shall support his or her dependents and meet other family responsibilities.
13. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed,
or administered.

Defendant’s Signature Date

U.S. Probation Officer’s Signature Date

CRIMINAL MONETARY PENALTIES
Case 1:22-cr-00079-TFM-N Document 56 Filed 11/22/22 Page 5 of 6 PageID #: 210
AO 245B (ALSD 09/19) Judgment in a Criminal Case Judgment -- Page 5 of 6

DEFENDANT: JASON CARL PEARS
CASE NUMBER: 1:22-CR-00079-001

The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth
on Page 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $300.00 $1,208,083.95

The determination of restitution is deferred until ____________. An Amended Judgment in a Criminal Case (AO245C) will
be entered after such determination.

The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified
otherwise in the priority order or percentage payment column below. (or see attached). However, pursuant to 18 U.S.C. § 3644(i),
all non-federal victims must be paid in full prior to the United States receiving payment.

Restitution of $1,208,083.95 to:

SBA/DFC Loan #9492637906 in the amount of $995,567.10
721 19th Street, 3rd Floor, Room 301
Denver, CO 80202

SBA/DFC Loan #501986790 in the amount of $212,516.85
721 19th Street, 3rd Floor, Room 301
Denver, CO 80202

If applicable, restitution amount ordered pursuant to plea agreement $ 1,208,083.95
The defendant must pay interest on any fine or restitution 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 Page 6 may be
subject to penalties for 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 1:22-cr-00079-TFM-N Document 56 Filed 11/22/22 Page 6 of 6 PageID #: 211
AO 245B (ALSD 09/19) Judgment in a Criminal Case Judgment -- Page 6 of 6

DEFENDANT: JASON CARL PEARS
CASE NUMBER: 1:22-CR-00079-001
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A Lump sum payment of $300.00 in special assessments and $1,208,083.95 in restitution 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 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 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 Special instructions regarding the payment of criminal monetary penalties:
Restitution and special assessments are due immediately and payable in full, and are to be paid through the
Clerk, U.S. District Court. If full restitution is not immediately paid, any amount owing during a period of
incarceration shall be subject to payment through the Bureau of Prison's Inmate Financial Responsibility
Program. In the event that the defendant is not eligible to participate in that program, the defendant is to make
minimum monthly payments of $25.00 while incarcerated. As a special condition of supervised release, the
Probation Office shall pursue collection of any balance remaining at the time of release in installments to
commence no later than 30 days after the date of release. If restitution is to be paid in installments, the court
orders that the defendant make at least minimum monthly payments in the amount of $200.00. No interest is to
accrue on this debt. The defendant is ordered to notify the court of any material change in his ability to pay
restitution. The Probation Office shall request the court to amend any payment schedule, if appropriate.

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment,
payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalty payments,
except those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the clerk of
the court, unless otherwise directed by the court, the probation officer, or the United States Attorney.

The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.
Joint and Several
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:
Funds as set forth in the Order and Forfeiture Money Judgment in the Amount of $1,308,083.95 (Doc. 45); and property
as set forth in the Preliminary Order of Forfeiture (Doc. 46): Real property located at 754 Marine Street, Mobile, AL;
real property located at 960 Dauphin Street, Mobile, AL; a 1999 Mercedes G500, Vin: WDBEG4202X7115630; $1,991.79
in funds from Robinhood Securities Account ending in 2473 in the name of Jason Pears; $36.95 representing the contents
inn J.P. Morgan Chase Bank account ending in 0800 in the name of Jason C. Pears; $40.16 representing the contents
held in Wells Fargo Bank account ending in 8920 in the name of Jason C. Pears and the Jason Made it Company.

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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