Judgment — United States v. Tyler Keith Andrews, Eastern District of Washington (ECF No. 204)

Summary

A judgment in a criminal case in United States v. Tyler Keith Andrews, No. 2:22-cr-00057-TOR, in the U.S. District Court for the Eastern District of Washington, filed and imposed December 5, 2024 as ECF No. 204 by Judge Thomas O. Rice. The defendant pleaded guilty to Count 1 of the Superseding Indictment, conspiracy to commit wire fraud under 18 U.S.C. §§ 1349, 1343, and Counts 2-11 are dismissed on the motion of the United States. The court imposes 196 months in the Bureau of Prisons and 3 years of supervised release, and remands the defendant to the U.S. Marshal. It orders a $100.00 assessment, restitution of $16,330,814.30 to the Small Business Administration with $310,000.00 joint and several with co-defendant Yuriy Anishchenko, and a forfeiture money judgment.

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“Judgment — United States v. Tyler Keith Andrews, Eastern District of Washington (ECF No. 204).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-2-22-cr-00057-dkt-204-e-d-wash-cca9c0b706/, SHA-256 f008da75e3cd75bc14599cce555fcca198a4907fae4dfc74e6b6db5fbe68f8b1.

Full text

Case 2:22-cr-00057-TOR ECF No. 204 filed 12/05/24 PageID.1086 Page 1
of 6
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1
FILED IN THE
U.S. DISTRICT COURT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Eastern District of Washington Dec 05, 2024
SEAN F. MCAVOY, CLERK

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
TYLER KEITH ANDREWS Case Number: 2:22-CR-00057-TOR-2
USM Number: 43688-510
Katryna Lyn Spearman
Defendant's Attorney

THE DEFENDANT:
‫ ܈‬pleaded guilty to count(s) 1 of the Superseding Indictment
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
18 U.S.C. §§ 1349, 1343 - CONSPIRACY TO COMMIT WIRE FRAUD 05/02/2020 1

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)
‫ ܈‬Count(s) 2-11 of the Superseding Indictment ‫ ܆‬is ‫܈‬are dismissed on the motion of the United States
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,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

12/5/2024
Date of Imposition of Judgment

Signature of Judge

The Honorable Thomas O. Rice Judge, U.S. District Court
Name and Title of Judge
12/5/2024
Date
Case 2:22-cr-00057-TOR ECF No. 204 filed 12/05/24 PageID.1087 Page 2
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AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 2 of 6
Sheet 2 - Imprisonment

DEFENDANT: TYLER KEITH ANDREWS
Case Number: 2:22-CR-00057-TOR-2

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total
term of: 196 months as to Count 1.

‫ ܈‬The court makes the following recommendations to the Bureau of Prisons:
Defendant be housed at FMC Lexington and participate in RDAP and receive medical and mental health treatment.

‫ ܈‬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 2:22-cr-00057-TOR ECF No. 204 filed 12/05/24 PageID.1088 Page 3
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AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 3 of 6
Sheet 3 – Supervised Release

DEFENDANT: TYLER KEITH ANDREWS
Case Number: 2:22-CR-00057-TOR-2
SUPERVISED RELEASE
Upon release from imprisonment, you shall be on supervised release for a term of: 3 years

MANDATORY CONDITIONS
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance, including marijuana, which remains illegal under federal law.
3. 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 you
pose a low risk of future substance abuse. (check if applicable)
4. ‫ ܈‬You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. ‫ ܆‬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)
6. ‫ ܆‬You must participate in an approved program for domestic violence. (check if applicable)

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
your release from imprisonment, 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 be truthful when responding to 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 this judgment imposes restitution, a fine, or special assessment, it is a condition of supervised release that you pay in
accordance with the Schedule of Payments sheet of this judgment. You shall notify the probation officer of any material
change in your economic circumstances that might affect your ability to pay any unpaid amount of restitution, fine, or special
assessments.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
Case 2:22-cr-00057-TOR ECF No. 204 filed 12/05/24 PageID.1089 Page 4
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AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 4 of 6
Sheet 3D – Supervised Release

DEFENDANT: TYLER KEITH ANDREWS
Case Number: 2:22-CR-00057-TOR-2

SPECIAL CONDITIONS OF SUPERVISION
1. If you pose a risk to another person or an organization, the probation officer may seek permission from the court to require you to
notify that person or organization about the risk. If the court approves, you must provide the notification. The probation officer may
contact the person or organization to confirm that you have provided the proper notification.
2. You must only use your true name and identifiers (such as date of birth, social security number, driver’s license number) for
purposes of establishing credit, screen names, utility services, including any services related to computer or electronic equipment or
contracts, and registration related to computer-related activities.
3. You must submit to search, any of the following used by you: computers, other electronic communications or data storage devices
or media. You must warn any other people who use these computers or devices capable of accessing the Internet that the devices may
be subject to searches pursuant to this condition. A probation officer may conduct a search pursuant to this condition only when
reasonable suspicion exists that there is a violation of a condition of supervision and that the computer or device contains evidence of
this violation. Any search will be conducted at a reasonable time and in a reasonable manner.
4. You must provide the supervising 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 disclose all
assets and liabilities to the supervising officer. You must not transfer, sell, give away, or otherwise convey any asset, without the
advance approval of the supervising officer.
5. You must surrender or make available for review, any documents and/or business records, requested by the supervising officer.
6. You must furnish financial information to the Internal Revenue Service (IRS), in order to determine taxes owing. You must file all
delinquent and current tax returns as required by law and must pay any outstanding tax liability once assessed, including interest and
penalties, either through lump sum or installment payments as approved by the IRS. You must provide a copy of any payment
agreement to the supervising officer and must allow reciprocal release of information between the supervising officer and the IRS.
7. You must complete mental health evaluations and follow any treatment recommendations of the evaluating professional which do
not require forced or psychotropic medication and/or inpatient confinement, absent further order of the court. You must allow
reciprocal release of information between the supervising officer and treatment provider. You must contribute to the cost of treatment
according to your ability to pay.
8. You must submit your person, residence, office, vehicles and belongings to a search, conducted by a probation officer, at a sensible
time and manner, based upon reasonable suspicion of contraband or evidence of violation of a condition of supervision. Failure to
submit to search is grounds for revocation. You must warn persons with whom you share a residence that the premises may be subject
to search.
9. You must undergo substance abuse evaluations and, if indicated by a licensed/certified treatment provider, enter into and
successfully complete approved substance abuse treatment programs, which could include inpatient treatment and aftercare upon
further order of the court. You must contribute to the cost of treatment according to your ability to pay. You must allow full reciprocal
disclosure between the supervising officer and treatment provider.
10.You must abstain from the use of illegal controlled substances, and must submit to urinalysis and sweat patch testing, as directed
by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.

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 2:22-cr-00057-TOR ECF No. 204 filed 12/05/24 PageID.1090 Page 5
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AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 5 of 6
Sheet 5 – Criminal Monetary Penalties

DEFENDANT: TYLER KEITH ANDREWS
Case Number: 2:22-CR-00057-TOR-2

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $100.00 $16,330,814.30 $.00 $.00 $.00

‫ ܆‬The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO245C) will be
entered after such determination.
‫܈‬The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
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.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage

Small Business Administration $16,330,814.30 $16,330,814.30 1st in Full

‫ ܆‬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:

* 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 2:22-cr-00057-TOR ECF No. 204 filed 12/05/24 PageID.1091 Page 6
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AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 6 of 6
Sheet 6 – Schedule of Payments

DEFENDANT: TYLER KEITH ANDREWS
Case Number: 2:22-CR-00057-TOR-2

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 payments of $ 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:

Defendant shall participate in the BOP Inmate Financial Responsibility Program. During the time of incarceration, monetary
penalties are payable on a quarterly basis of not less than $50.00 per quarter.

While on supervised release, monetary penalties are payable on a monthly basis of not less than $500.00 per month or 10% of the
defendant's net household income, whichever is larger, commencing 30 days after the defendant is released from imprisonment.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons'
Inmate Financial Responsibility Program, are made to the following address until monetary penalties are paid in full: Clerk, U.S.
District Court, Attention: Finance, P.O. Box 1493, Spokane, WA 99210-1493.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

‫ ܈‬Joint and Several1
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

Yuriy Anishchenko, 2:22-CR-0057-TOR-1, $310,000.00, Small Business Administration.

‫ ܆‬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:
Money judgment in the amount of $4 ,300,474.75.

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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