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Judgment — United States v. Christopher Davis, Eastern District of Pennsylvania (Document 18)

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A Judgment in a Criminal Case for Christopher Davis, Case Number DPAE2:23CR000057-001, in the U.S. District Court for the Eastern District of Pennsylvania, filed June 13, 2023 as Document 18 in Case 2:23-cr-00057-HB. Davis, with counsel Joseph A. Malley, Esq., pleaded guilty to Counts 1 and 2 of the Information: bank fraud under 18 U.S.C. § 1344 and tax evasion under 26 U.S.C. § 7201, both with the offense ended 7/10/2020. The court imposes 40 months on each count, concurrent, with surrender set before 2 p.m. on 7/31/2023, followed by 5 years of supervised release on Count 1 and 3 years on Count 2. It orders restitution of $267,859.97, due immediately, and forfeiture of the sum of $77,409.97. The judge is named as Harvey Bartle, U.S. District Judge.

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“Judgment — United States v. Christopher Davis, Eastern District of Pennsylvania (Document 18).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-2-23-cr-00057-dkt-18-e-d-pa-60d6d7e542/, SHA-256 4816c28a0a2cd231ba59edbd194a8f95071d56f367e09d11f13f5310024a4b4a.

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                          Case 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 1 of 8
AO 245B (Rev. 09/19)    Judgment in a Criminal Case
                        Sheet I



                                           UNITED STATES DISTRICT COURT
                                                        Eastern District of Pennsylvania
                                                                            )
              UNITED STATES OF AMERICA
                                                                            )
                                                                                    JUDGMENT IN A CRIMINAL CASE
                                   V.                                       )
                       CHRISTOPHER DAVIS                                    )
                                                                                    Case Number: DPAE2:23CR000057-001
                                                                            )
                                                                            )       USM Number: 47700-510
                                                                            )
                                                                            )        Joseph A. Malley, Esq.
                                                                            )       Defendant's Attorney
THE DEFENDANT:
 pleaded guilty to count(s)            1 and 2 of the Information
Dpleaded nolo contendere to count(s)
 which was accepted by the court.
Dwas 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.§ 1344                    Bank fraud                                                                   7/10/2020            1

26 U.S.C. § 7201                   Tax evasion                                                                  7/10/2020            2



       The defendant is sentenced as provided in pages 2 through           _ 8_        _ of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
DThe defendant has been found not guilty on count(s)
DCount(s)                                                D is        Dare 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 defenaant must notify the court and United States attorney of material changes in economic circumstances.

                                                                                                              6/13/2023
                                                                           Date of Imposition of Judgment
   June 13, 2023 Emailed To:

   Patrick J. Murray, AUSA
                                                                           Signature of Judge
   Joseph A. Malley, III, Esquire                                                                           
   U.S. Probation
   U.S. Pretrial
   J. Minni (FLU)                                                                               Harvey Bartle, 111, U.S. District Judge
   U.S. Marshal                                                            Name and Title of Judge



                                                                           Date
                         Case 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 2 of 8
AO 2458 (Rev. 09/19) Judgment in Criminal Case
                      Sheet 2 - Imprisonment

                                                                                                     Judgment - Page -=2- of   8
DEFENDANT: CHRISTOPHER DAVIS
CASE NUMBER: DPAE2:23CR000057-001

                                                            IMPRISONMENT
           The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
 total term of:
 40 months on each of Counts 1 and 2, such terms to be served concurrently.




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

           Designated to a BOP facility that is close to District of New Jersey

           While imprisoned the defendant should participate in a mental health program.

      D The defendant is remanded to the custody of the United States Marshal.

      D The defendant shall surrender to the United States Marshal for this district:

           D at                                    D a.m.      D p.m.       on
           D 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          7/31/2023
           D as notified by the United States Marshal.
           D 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 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 3 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
                     Sheet 3 - Supervised Release
                                                                                                       Judgment-Page    3      of       8
DEFENDANT: CHRISTOPHER DAVIS
CASE NUMBER: DPAE2:23CR000057-001
                                                     SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
 5 years on Count 1 and 3 years on Count 2, such terms to run concurrently.




                                                    MANDATORY CONDITIONS
I.   You must not commit another federal, state or local crime.
2.   You must not unlawfully possess a controlled substance.
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.
             D 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.    Ill 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)
5.     You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6.    D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 2090 I, 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. (check if applicable)
7.    D 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 other conditions on the attached
page.
                        Case 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 4 of 8
AO 2458 (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 3A - Supervised Release
                                                                                                 Judgment-Page ---·            of
DEFENDANT: CHRISTOPHER DAVIS
CASE NUMBER: DPAE2:23CR000057-001

                                       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.

I.     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 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 ofa 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. Ifyou 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 IO days before the change. If notifying the probation officer at least I 0
       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 ofa 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.
I 0.   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 ofcausing 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 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 5 of 8
AO 2458 (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 3D - Supervised Release
                                                                                             Judgment-Page _5_  of          8
DEFENDANT: CHRISTOPHER DAVIS
CASE NUMBER: DPAE2:23CR000057-001

                                         SPECIAL CONDITIONS OF SUPERVISION
 The defendant shall participate in a mental health program for evaluation and/or treatment and abide by the rules of any
 such program until satisfactorily discharged.

 The defendant shall participate in a program at the direction of the probation officer aimed at obtaining a GED, learning a
 vocation, or improving the defendant's literacy, education level, or employment skills in order to develop or improve skills
 needed to obtain and maintain gainful employment. The defendant shall remain in any recommended program until
 completed or until such time as the defendant is released from attendance by the probation officer.

 The defendant shall provide the U.S. Probation Office with full disclosure of his financial records to include yearly income
 tax returns upon the request of the U.S. Probation Office.

 The defendant shall cooperate with the probation officer in the investigation of his financial dealings and shall provide
 truthful monthly statements of his income.

 The defendant is prohibited from incurring any new credit charges or opening additional lines of credit without the approval
 of the probation officer, unless the defendant is in compliance with a payment schedule for any fine obligation. The
 defendant shall not encumber or liquidate interest in any assets unless it is in direct service of the fine obligation or
 otherwise has the express approval of the Court.
AO 245B (Rev. 09/19)
                        Case 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 6 of 8
                       Judgment in a Criminal Case
                       Sheet 4A -Probation
                                                                                                 Judgment-Page --=6_ _        of __8

DEFENDANT: CHRISTOPHER DAVIS
CASE NUMBER: DPAE2:23CR000057-001

                                        STAND ARD CONDITIONS OF SUPERVISION
As part of your probation, 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.
I.    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 IO 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 IO days before the change. If notifying the probation officer at least IO
      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.
IO. 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.
 I 3. 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 ofProbation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature                                                                                     Date
                          Case 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 7 of 8
AO 2458 (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 5 - Criminal Monetary Penalties
                                                                                                       Judgment - Page __,__ of           8
DEFENDANT: CHRISTOPHER DAVIS
CASE NUMBER: DPAE2:23CR000057-001
                                                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           $ 200.00                  $ 267,859.97             $                       $                       $


 D The detennination of restitution is deferred until -----. An Amended Judgment in a Criminal Case (AO 245C) will be
   entered after such detennination.

 D 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
  Republic Bank                                                             $77,409.97                  $77,409.97

  Bank Security Department
  50 S. 16th Street, Suite 2400

  Philadelphia, PA 19102



  Internal Revenue Service                                                 $190,450.00                 $190,450.00

  IRS-RACS

  Attn: Mail Stop 6261, Restitution
  333 W. Pershing Avenue
  Kansas City, MO 64108


 TOTALS                               $                  267,859.97              $               267,859.97


 D     Restitution amount ordered pursuant to plea agreement $ - - - -
                                                                     - - - -

 D     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. § 36 l 2(t). 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).

 D     The court detennined that the defendant does not have the ability to pay interest and it is ordered that:

       D the interest requirement is waived for the              D fine     D restitution.
       D the interest requirement for the           D     fine     D 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 of2015, Pub. L. No. 114-22.
 *** Findings for the total amount oflosses 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.
AO 2458 (Rev. 09/19)
                         Case 2:23-cr-00057-HB Document 18 Filed 06/13/23 Page 8 of 8
                       Judgment in a Criminal Case
                       Sheet 6 - Schedule of Payments
                                                                                                       Judgment - Page ___JL_ of
 DEFENDANT: CHRISTOPHER DAVIS
 CASE NUMBER: DPAE2:23CR000057-001


                                                        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$         200.00             due immediately,balance due

              □     not later than                               , or
              □     in accordance with    □ C, □ D, □ E, or                Ill F below; or
 8     □ Payment to begin immediately (may be combined with □ c,                    D D,or       D F below); or

 C     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 the date of this judgment; or

 D     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     ill     Special instructions regarding the payment of criminal monetary penalties:
                ** The restitution ($267,859.97) is due immediately. It is recommended that the defendant participate in the Bureau
                of Prisons Inmate Financial Responsibility Program and provide a minimum payment of $25 per quarter towards
                restitution. In the event the entire restitution is not paid prior to the commencement of supervision, the defendant
                shall satisfy the amount due in monthly installments of not less than $100, to commence 60 days after release
                from confinement.

 Unless the court has expressly ordered otherwise,ifthis judgment imposes imprisonment,payment ofcriminal monetary penalties is due during
 the period of imprisonment. All criminal monetary penalties,except those payments made through the Federal Bureau of Prisons' Inmate
 Financial Responsibility Program, are made to the clerk of the court.

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



 D     Joint and Several

       Case Number
       Defendant and Co-Defendant Names                                               Joint and Several             Corresponding Payee,
       (including defendant number)                       Total Amount                     Amount                       if appropriate




 D     The defendant shall pay the cost of prosecution.

 D     The defendant shall pay the following court cost(s):

 Ill   The defendant shall forfeit the defendant's interest in the following property to the United States:
       The sum of $77,409.97.


 Payments shall be applied in the following order: (I) 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 ( I 0) costs, including cost of
 prosecution and court costs.


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