Judgment — United States v. Hassan Kanyike, Central District of California (Document 68)
Summary
A judgment and probation/commitment order in United States v. Hassan Kanyike, Docket No. LACR 21-00081-VAP, in the U.S. District Court for the Central District of California, filed November 16, 2021 as Document 68. Kanyike pleaded guilty to wire fraud under 18 U.S.C. § 1343 as charged in a single-count information and is committed for 51 months, followed by 3 years of supervised release. The court orders a $100 special assessment, a $20,000 fine and restitution of $1,302,550 to Celtic Bank ($518,750), Ready Capital / Customers Bank ($137,500), BSD Capital ($346,300) and the Small Business Administration ($300,000). Supervision conditions bar work with FDIC-insured institutions and, without approval, any business involving loan programs. Kanyike must surrender by 12 noon on January 14, 2022.
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“Judgment — United States v. Hassan Kanyike, Central District of California (Document 68).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-2-21-cr-00081-dkt-68-c-d-cal-dac0aa9e84/
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Case 2:21-cr-00081-VAP Document 68 Filed 11/16/21 Page 1 of 6 Page ID #:513
United States District Court
Central District of California
UNITED STATES OF AMERICA vs. Docket No. LACR 21-00081-VAP
Defendant Hassan Kanyike Social Security No. 8 9 2 8
akas: Hassan Shaban Kanyike (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 15 2021
COUNSEL Dyke E. Huish, retained
(Name of Counsel)
PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
FINDING There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Wire Fraud, in violation of 18 U.S.C. § 1343 as charged in the single-count Information
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered
COMM that:
ORDER
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due
immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per
quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.
It is ordered that the defendant shall pay restitution in the total amount of $1,302,550 pursuant to 18 U.S.C. §
3663A.
The amount of restitution ordered shall be paid as follows:
Victim Amount
Celtic Bank $518,750
Ready Capital / Customers Bank $137,500
BSD Capital $346,300
Small Business Administration $300,000
Restitution shall be paid in full immediately. The Court finds from a consideration of the record that the
defendant's economic circumstances allow for a full and immediate payment of restitution.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless
another priority order or percentage payment is specified in the judgment.
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Case 2:21-cr-00081-VAP Document 68 Filed 11/16/21 Page 2 of 6 Page ID #:514
USA vs. Hassan Kanyike Docket No.: LACR 21-00081-VAP
It is ordered that the defendant shall pay to the United States a total fine of $20,000, which shall bear interest as
provided by law.
The fine shall be paid in full immediately.
The defendant shall comply with Second Amended General Order No. 20-04.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Hassan Shaban
Kanyike, is hereby committed on Count 1 of the Information to the custody of the Bureau of Prisons for a term of
51 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years under
the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services
Office and Second Amended General Order 20-04, including the conditions of probation and supervised release
set forth in Section III of Second Amended General Order 20-04.
2. The defendant shall not commit any violation of local, state, or federal law or ordinance.
3. The defendant shall cooperate in the collection of a DNA sample from the defendant.
4. During the period of community supervision, the defendant shall pay the special assessment, fine, and restitution
in accordance with this judgment's orders pertaining to such payment.
5. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments
and any other financial gains to the Court-ordered financial obligation.
6. The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or
indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance
Corporation.
7. The defendant shall not be employed in any capacity wherein the defendant has custody, control, or management
of the defendant's employer's funds.
8. The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving
loan programs, without the express approval of the Probation Officer prior to engaging in such employment.
Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists,
and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as
directed by the Probation Officer.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons at
or before 12 noon on January 14, 2022. In the absence of such designation, the defendant shall report on or before the
same date and time, to the United States Marshal located at the First Street U.S. Courthouse 350 W. First Street, Suite
3001, Los Angeles, CA 90012.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant
poses a low risk of future substance abuse.
CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 2 of 6
Case 2:21-cr-00081-VAP Document 68 Filed 11/16/21 Page 3 of 6 Page ID #:515
USA vs. Hassan Kanyike Docket No.: LACR 21-00081-VAP
The Court recommends that the defendant be designated to a Southern California facility.
Defendant’s bond is exonerated upon surrender.
Defendant is advised of his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
supervision for a violation occurring during the supervision period.
11/16/21
Date U. S. District Judge
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
Clerk, U.S. District Court
11/16/21 By /s/ Christine Chung
Filed Date Deputy Clerk
The defendant must comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
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Case 2:21-cr-00081-VAP Document 68 Filed 11/16/21 Page 4 of 6 Page ID #:516
USA vs. Hassan Kanyike Docket No.: LACR 21-00081-VAP
1. The defendant must not commit another federal, state, or local crime; 9. The defendant must not knowingly associate with any persons
2. The defendant must report to the probation office in the federal engaged in criminal activity and must not knowingly associate with
judicial district of residence within 72 hours of imposition of a any person convicted of a felony unless granted permission to do so
sentence of probation or release from imprisonment, unless by the probation officer. This condition will not apply to intimate
otherwise directed by the probation officer; family members, unless the court has completed an individualized
3. The defendant must report to the probation office as instructed by the review and has determined that the restriction is necessary for
court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the judicial district without 10. The defendant must refrain from excessive use of alcohol and must
first receiving the permission of the court or probation officer; not purchase, possess, use, distribute, or administer any narcotic or
5. The defendant must answer truthfully the inquiries of the probation other controlled substance, or any paraphernalia related to such
officer, unless legitimately asserting his or her Fifth Amendment substances, except as prescribed by a physician;
right against self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer within 72 hours of
6. The defendant must reside at a location approved by the probation being arrested or questioned by a law enforcement officer;
officer and must notify the probation officer at least 10 days before 12. For felony cases, the defendant must not possess a firearm,
any anticipated change or within 72 hours of an unanticipated change ammunition, destructive device, or any other dangerous weapon;
in residence or persons living in defendant’s residence; 13. The defendant must not act or enter into any agreement with a law
7. The defendant must permit the probation officer to contact him or her enforcement agency to act as an informant or source without the
at any time at home or elsewhere and must permit confiscation of permission of the court;
any contraband prohibited by law or the terms of supervision and 14. The defendant must follow the instructions of the probation officer
observed in plain view by the probation officer; to implement the orders of the court, afford adequate deterrence from
8. The defendant must work at a lawful occupation unless excused by criminal conduct, protect the public from further crimes of the
the probation officer for schooling, training, or other acceptable defendant; and provide the defendant with needed educational or
reasons and must notify the probation officer at least ten days before vocational training, medical care, or other correctional treatment in
any change in employment or within 72 hours of an unanticipated the most effective manner.
change;
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Case 2:21-cr-00081-VAP Document 68 Filed 11/16/21 Page 5 of 6 Page ID #:517
USA vs. Hassan Kanyike Docket No.: LACR 21-00081-VAP
The defendant must also comply with the following special conditions (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
must be delivered to:
United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012
or such other address as the Court may in future direct.
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).
The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).
Payments will be applied in the following order:
1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS
As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement,
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan
or open any line of credit without prior approval of the Probation Officer.
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.
The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
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Case 2:21-cr-00081-VAP Document 68 Filed 11/16/21 Page 6 of 6 Page ID #:518
USA vs. Hassan Kanyike Docket No.: LACR 21-00081-VAP
RETURN
I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
By
Date Deputy Marshal
CERTIFICATE
I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court
By
Filed Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) modify the conditions of supervision.
These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
(Signed)
Defendant Date
U. S. Probation Officer/Designated Witness Date
CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 6 of 6
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