Judgment in a Criminal Case — United States v. Andrea M. Gervais, Eastern District of California (Document 40)

Summary

An AO 245B Judgment in a Criminal Case for Andrea M. Gervais, Case Number 2:21CR00058-1, in the U.S. District Court for the Eastern District of California, filed November 8, 2021 as Document 40 in No. 2:21-cr-00058-KJM. The defendant pleaded guilty to count 1 of the Information, Theft of Government Property under 18 U.S.C. § 641, with the offense ended 12/31/2020. The court sentences the defendant to probation for 36 months, with conditions including 40 hours of unpaid community service, mental health treatment, limits on cellular phone and computer use, and no contact with individuals involved in the offense. The judgment orders a $100.00 assessment and restitution of $109,956.17 to a payee printed as "CALIFORNIA EMPLOYMENT DEVELO" in Sacramento. It was imposed 11/1/2021 by United States District Judge Kimberly J. Mueller.

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“Judgment in a Criminal Case — United States v. Andrea M. Gervais, Eastern District of California (Document 40).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-2-21-cr-00058-dkt-40-e-d-cal-00b35c4e82/, SHA-256 f0e23c37974b0460ba1ae231ec4cb8004e1b1e02e87bd99ca8fcf47f1d717eb0.

Full text

Case 2:21-cr-00058-KJM Document 40 Filed 11/08/21 Page 1 of 7
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
v. Case Number: 2:21CR00058-1
ANDREA M. GERVAIS Defendant's Attorney: Christopher R. Cosca, Retained
THE DEFENDANT:
pleaded guilty to count 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 this offense:
Title & Section Nature of Offense Offense Ended Count
Theft of Government Property
18 U.S.C. § 641 12/31/2020 1
(Class C Felony)

The defendant is sentenced as provided in pages 2 through 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. 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.
11/1/2021
Date of Imposition of Judgment

Signature of Judicial Officer
Kimberly J. Mueller, United States District Judge
Name & Title of Judicial Officer
11/8/2021
Date
Case 2:21-cr-00058-KJM Document 40 Filed 11/08/21 Page 2 of 7
AO 245B-CAED (Rev. 09/2019) Sheet 4 - Probation
DEFENDANT: ANDREA M. GERVAIS Page 2 of 7
CASE NUMBER: 2:21CR00058-1

COURT PROBATION
The defendant is hereby sentenced to probation for a term of:
36 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.
Case 2:21-cr-00058-KJM Document 40 Filed 11/08/21 Page 3 of 7
AO 245B-CAED (Rev. 09/2019) Sheet 4 - Probation
DEFENDANT: ANDREA M. GERVAIS Page 3 of 7
CASE NUMBER: 2:21CR00058-1

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
the time you were sentenced, 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.
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. 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.
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. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature _____________________________ Date _________________
Case 2:21-cr-00058-KJM Document 40 Filed 11/08/21 Page 4 of 7
AO 245B-CAED (Rev. 09/2019) Sheet 4 - Probation
DEFENDANT: ANDREA M. GERVAIS Page 4 of 7
CASE NUMBER: 2:21CR00058-1

SPECIAL CONDITIONS OF PROBATION
1. The defendant shall submit to the search of her person, property, house, residence, vehicle, papers, computer, other electronic
communication or data storage devices or media, and effects at any time, with or without a warrant, by any law enforcement
or probation officer in the lawful discharge of the officer's supervision functions with reasonable suspicion concerning
unlawful conduct or a violation of a condition of probation or supervised release. 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.
2. The defendant shall not dispose of or otherwise dissipate any of her assets until the fine and/or restitution ordered by this
Judgment is paid in full, unless the defendant obtains approval of the court or the probation officer. Probation to explore the
possibility of fiduciary assistance (i.e. from her mother or father) for the defendant to manage and protect her finances.
3. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any
anticipated or unexpected financial gains to any unpaid restitution ordered by this Judgment.
4. The defendant shall provide the probation officer with access to any requested financial information.
5. The defendant shall not open additional lines of credit without the approval of the probation officer.
6. The defendant shall not possess or have access to any cellular phone without the advance permission of the probation officer.
The defendant shall provide all billing records for such devices, whether used for business or personal, to the probation
officer upon request.
7. As directed by the probation officer, the defendant shall participate in a program of outpatient mental health treatment.
8. The defendant shall complete 40 hours of unpaid community service as directed by the probation officer. The defendant shall
pay fees attendant to participation and placement in this program on a sliding scale as determined by the program.
Community service shall be completed by 10/4/2024.
9. As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall
make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month.
10. The defendant shall not possess or use a computer or any device that has access to any "on-line computer service" unless
approved by the probation officer. This includes any Internet service provider, bulletin board system, or any other public or
private computer network.
11. The defendant shall consent to the probation officer and/or probation service representative conducting periodic unannounced
examinations of (a) any computer, or (b) computer-related device, or (c) equipment that has an internal or external modem
which is in the possession or control of the defendant. The defendant consents to retrieval and copying of all data from any
such computer, computer-related device, or equipment as well as any internal or external peripherals to ensure compliance
with conditions. The defendant consents to removal of such computer, computer-related device, and equipment for purposes
of conducting a more thorough inspection and analysis.

The defendant consents to having installed on any computer, computer-related device, and equipment, at the defendant's
expense, any hardware or software systems to monitor the use of such computer, computer-related device, and equipment at
the direction of the probation officer, and agrees not to tamper with such hardware or software and not install or use any
software programs designated to hide, alter, or delete her computer activities. The defendant consents to not installing new
hardware without the prior approval of the probation officer.
12. The defendant shall provide all requested business/personal phone records to the probation officer. The defendant shall
disclose to the probation officer any existing contracts with telephone line/cable service providers. The defendant shall
provide the probation officer with written authorization to request a record of all outgoing or incoming phone calls from any
service provider.
13. The defendant shall participate in a cognitive behavioral treatment program as directed by the probation officer.
14. The defendant shall 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.
Case 2:21-cr-00058-KJM Document 40 Filed 11/08/21 Page 5 of 7
AO 245B-CAED (Rev. 09/2019) Sheet 4 - Probation
DEFENDANT: ANDREA M. GERVAIS Page 5 of 7
CASE NUMBER: 2:21CR00058-1

15. No contact with the individual(s) involved in the offense; specifically, the usernames
associated with Godisgood737NelsonJohnson; Andersonjack90AndersonJack and
David Richard.
Case 2:21-cr-00058-KJM Document 40 Filed 11/08/21 Page 6 of 7
AO 245B-CAED (Rev. 09/2019) Sheet 5 - Criminal Monetary Penalties
DEFENDANT: ANDREA M. GERVAIS Page 6 of 7
CASE NUMBER: 2:21CR00058-1

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 $109,956.17
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:

The interest requirement is waived for the fine restitution

The interest requirement for the fine restitution is modified as follows:

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.

Other:
* 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 2:21-cr-00058-KJM Document 40 Filed 11/08/21 Page 7 of 7
AO 245B-CAED (Rev. 09/2019) Sheet 5B - Criminal Monetary Penalties
DEFENDANT: ANDREA M. GERVAIS Page 7 of 7
CASE NUMBER: 2:21CR00058-1

RESTITUTION PAYMENTS
Restitution of $109,956.17 to:
CALIFORNIA EMPLOYMENT DEVELO
SACRAMENTO, CA 94280
$109,956.17

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