Judgment in a Criminal Case — United States v. Henry Ellard Jr., Eastern District of California (Document 19)

Summary

A judgment in a criminal case in United States v. Henry Ellard Jr., No. 1:24-cr-00222-DAD-BAM, in the U.S. District Court for the Eastern District of California, filed April 16, 2025 as Document 19. The defendant pleaded guilty to count 1 of the information, theft of government money under 18 U.S.C. § 641, with the offense ending 7/31/2020. U.S. District Judge Dale A. Drozd imposed judgment on April 14, 2025 and sentenced the defendant to probation for 60 months, with standard and special conditions. The monetary penalties are a $100.00 assessment and restitution of $144,000.00 payable to SBA/DFC, with the interest requirement waived for restitution. The judgment is on form AO 245B-CAED.

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4/16/25, 3:31 PM Snapshot - 1:24CR00222-001
Case 1:24-cr-00222-DAD-BAM Documenti19_ Filed 04/16/25 Page1of7

AO 245B-CAED (Rev. 09/2019) Sheet 1 - Judgment in a Criminal Case

UNITED STATES DISTRICT COURT

Eastern District of California

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
Vv. Case Number: 1:24CR00222-001
HENRY ELLARD JR. Defendant's Attorney: Jeffrey Tyson Hammerschmidt, Retained
AKA: Henry A Ellard, Henry Austin Ellard Jr
THE DEFENDANT:
[¥] pleaded guilty to count(s) 1 of the Information.
[ ] 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

Theft of Government Money

18 U.S.C. § 641 (Class C Felony)

7/31/2020 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) __ dismissed on the motion of the United States.

Indictment is to be dismissed by District Court on motion of the United States.
Appeal rights given. IX] Appeal rights waived.

[
[
[
[

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 or fine, the defendant must notify the court and United States attorney of material changes in economic
circumstances.

4/14/2025

Date of Imposition of Judgment

Da A Dye

Signature of Judicial Officer
Dale A. Drozd, United States District Judge

Name & Title of Judicial Officer
4/16/2025

Date
4/16/25, 3:31 PM Snapshot - 1:24CR00222-001
Case 1:24-cr-00222-DAD-BAM Documenti9_ Filed 04/16/25 Page 2of7
AO 245B-CAED (Rev. 09/2019) Sheet 4 - Probation

DEFENDANT: HENRY ELLARD JR. Page 2 of 7
CASE NUMBER: 1:24CR00222-001

PROBATION

You are hereby sentenced to probation for a term of:
60 months.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

You must refrain from any unlawful use of controlled substance. You must submit to one drug test within 15 days of placement on
probation and at least two (2) periodic drug tests thereafter, not to exceed four (4) drug tests per month.

[ ] The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance
abuse.

[¥] You must cooperate in the collection of DNA as directed by the probation officer.

[ ] 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.

[ ] You must participate in an approved program for domestic violence.
[¥] You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664.

You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.

You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution,
fines, or special assessments.

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.
4/16/25, 3:31 PM Snapshot - 1:24CR00222-001

Case 1:24-cr-00222-DAD-BAM Document19_ Filed 04/16/25 Page 3of7

AO 245B-CAED (Rev. 09/2019) Sheet 4 - Probation

DEFENDANT: HENRY ELLARD JR. Page 3 of 7
CASE NUMBER: 1:24CR00222-001

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.

10.

11.

12.

13.

You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of
the time you were sentenced, unless the probation officer instructs you to report to a different probation office or within a
different time frame.

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.

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.

You must answer truthfully the questions asked by your probation officer.

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.

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.

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.

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.

If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

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).

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.

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.

You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

AUSS. 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 of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Date
4/16/25, 3:31 PM Snapshot - 1:24CR00222-001

AO 245B-CAED (Rev. 09/2019) Sheet 4 - Probation

DEFENDANT: HENRY ELLARD JR. Page 4 of 7
CASE NUMBER: 1:24CR00222-001

SPECIAL CONDITIONS OF PROBATION

You must submit your person, property, house, residence, vehicle, papers, computer, other electronic communications or data
storage devices or media, or office, to a search conducted by a United States probation officer or any law enforcement officer
under the immediate and personal supervision of the probation officer, based upon reasonable suspicion of unlawful conduct
or a violation of a condition of supervision, without a search warrant. Failure to submit to a search may be grounds for
revocation. You must warn any other occupants that the premises may be subject to searches pursuant to this condition.

You must submit to substance abuse/alcohol abuse testing to determine if you have used a prohibited substance. You must not
attempt to obstruct or tamper with the testing methods.

You must abstain from the use of alcoholic beverages and shall not enter, visit, or be present at those places where alcohol is
the chief item of sale.

You must not dispose of or otherwise dissipate any of your assets until the fine and/or restitution ordered by this Judgment is
paid in full, unless you obtain approval of the Court.

You must apply all monies received from income tax refunds, lottery winnings, inheritance, judgments, and any anticipated or
unexpected financial gains to any unpaid fine and/or restitution ordered by this Judgment.

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.

You must not incur new credit charges or open additional lines of credit without the approval of the probation officer.

You must make payments toward any unpaid criminal monetary penalty in this case during supervised release at the rate of at
least 10% of your gross monthly income. Payments are to commence no later than 60 days from placement on supervision.
This payment schedule does not prohibit the United States from collecting through all available means any unpaid criminal
monetary penalty at any time, as prescribed by law.

You must participate in a co-payment plan for treatment, testing and/or medication and shall make payment directly to the
vendor under contract with the United States Probation Office. Your co-payment will be determined utilizing a Sliding Fee
Scale based upon your disposable income.

AO 245B-CAED (Rev. 09/2019) Sheet 5 - Criminal Monetary Penalties

DEFENDANT: HENRY ELLARD JR. Page 5 of 7
CASE NUMBER: 1:24CR00222-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

TOTALS
Processing Fee Assessment AVAA Assessment* JVTA Assessment** Fine Restitution
$100.00 $0.00 $0.00 $0.00 $144,000.00
The determination of restitution is deferred until __ . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.

The court orders the defendant to pay restitution to the victim(s) as outlined in the
Restitution Attachment on Sheet 5B.

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.

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 Sheet 6 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:
4/16/25, 3:31 PM Snapshot - 1:24CR00222-001

[¥] The interest requirement is waived for the [ ] fine [v] restitution

[ ] The interest requirement for the [| ] fine [| ]Testitution is modified as follows:

[ ] Ifincarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 10%

of the defendant's gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau
of Prisons Inmate Financial Responsibility Program.

* 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.
4/16/25, 3:31 PM Snapshot - 1:24CR00222-001

Case 1:24-cr-00222-DAD-BAM Document19 _ Filed 04/16/25
AO 245B-CAED (Rev. 09/2019) Sheet 5B - Criminal Monetary Penalties
DEFENDANT: HENRY ELLARD JR. Page 6 of 7
CASE NUMBER: 1:24CR00222-001

Page 6 of 7

RESTITUTION PAYMENTS
Restitution of $144,000.00 to:
SBA/DFC
DENVER, CO 80202
$144,000.00
4/16/25, 3:31 PM Snapshot - 1:24CR00222-001
Case 1:24-cr-00222-DAD-BAM Documenti9_ Filed 04/16/25 Page 7 of 7
AO 245B-CAED (Rev. 09/2019) Sheet 6 - Schedule of Payments

DEFENDANT: HENRY ELLARD JR. Page 7 of 7
CASE NUMBER: 1:24CR00222-001

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 $ __ due immediately, balance due
[] Not later than __, or
[] in accordance LIC, [ 1D, [ ]E,or | 1F below; or
B. [¥] Payment to begin immediately (may be combined with LIC, [ 1D, orl“ 1 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/probation 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 Iv] Special instructions regarding the payment of criminal monetary penalties:

lv lPayments must be made by Check or Money Order, payable to: Clerk, U.S.D.C. and mailed to:
l“ICLERK U.S.D.C.
2500 Tulare Street, Rm 1501
Fresno, CA 93721
Your check or money order must indicate your name and citation/case number shown above to ensure your account
is credited for payment received.

If incarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 10% of the
defendant's gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau of Prisons
Inmate Financial Responsibility Program.

The defendant shall make payments toward any unpaid criminal monetary penalties in this case during supervision at the rate of at
least 10% of your gross monthly income. Payments are to commence no later than 60 days from placement on supervision. This
payment schedule does not prohibit the United States from collecting through all available means any unpaid criminal monetary
penalties at any time, as prescribed by law.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] 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: The Preliminary Order of
Forfeiture is hereby made final as to this defendant and shall be incorporated into the Judgment.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA
assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs,
including cost of prosecution and court costs.


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