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Judgment in a Criminal Case — United States v. Eco Shield, LLC, S.D. Cal. (Document 54)

Summary

A judgment in a criminal case in United States v. Eco Shield, LLC, Case Number 3:21-CR-01463-JLS, entered by Judge Janis L. Sammartino and filed August 19, 2022 as Document 54. The company pleaded guilty to count 1 of the Information, entry of goods falsely classified and aiding and abetting under 18:541 and 18:2. The court imposed 5 years of probation, a $400 assessment and forfeiture pursuant to an order filed 8/12/2022. The judgment orders restitution of $86,754.00, divided as $52,835 to the NFC Collections Section and $33,919 to U.S. Customs and Border Protection, joint and several with co-defendants, with interest waived. The fine page lists a fine payable forthwith.

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“Judgment in a Criminal Case — United States v. Eco Shield, LLC, S.D. Cal. (Document 54).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-3-21-cr-01463-dkt-54-s-d-cal-a3e811ea69/, SHA-256 04c628a4c94b05103d159d1f083ae3a3d077a45d353490d0128409d3483c515a.

Full text

             Case 3:21-cr-01463-JLS Document 54 Filed 08/19/22 PageID.167 Page 1 of 5
AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case


                                        UNITED STATES DISTRICT Co

               UNITED STATES OF AMERJCA
                                   V.
                      ECO SHIELD, LLC (1)
                                                                                Case Number:         3:21-CR-01463-JLS

                                                                             Marc Xavier Carlos
                                                                             Defendant's Attorney
USM Number

• -
THE DEFENDANT:
IZI   pleaded guilty to count(s)          1 of the Information

D   was found guilty on count(s)
    after a olea of not guiltv.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

      Title and Section/ Nature of Offense                                                                 Count
      18:541; 18:2 - Entry Of Goods Falsely Classified {Felony); Aiding and Abetting                       1




    The defendant is sentenced as provided in pages 2 through                           5           of this judgment.
The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
D     The defendant has been found not guilty on count(s)

D     Count(s)                                                         is          dismissed on the motion of the United States.

1ZJ    Assessment : $400 imposed


D      JVTA Assessment*: $

       *Justice for Victims of Trafficking Act of2015, Pub. L. No. 114-22.
D      See fine page              IZI Forfeiture pursuant to order filed                    8/12/2022                   , included herein.
       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
any material change in the defendant's economic circumstances.

                                                                             August 12. 2022
                                                                             Date of Imposition of Sentence



                                                                                ON. JANIS L. SAMMARTINO
                                                                             UNITED STATES DISTRJCT JUDGE
                Case 3:21-cr-01463-JLS Document 54 Filed 08/19/22 PageID.168 Page 2 of 5
     AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

     DEFENDANT:               Eco Shield, LLC ( 1)                                                       Judgment - Page 2 of 5
     CASE NUMBER:             3 :21-CR-0 1463-JLS

                                                        PROBATION
The defendant is hereby sentenced to probation for a term of:
5 years

                                              MANDATORY CONDITIONS
1. The defendant must not commit another federal, state or local crime.
2. The defendant must not unlawfully possess a controlled substance.
3. The defendant must not illegally possess a controlled substance. The defendant must refrain from any unlawful use of a
   controlled substance. The defendant 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. Testing requirements will not exceed submission of more
   than 4 drug tests per month during the term of supervision, unless otherwise ordered by the court.
            •
           The above drug testing condition is suspended, based on the court's determination that the defendant poses a low
               risk of future substance abuse. ( check if applicable)
4.    •   The defendant 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. •    The defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. • The defendant 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 the defendant resides, works, is a student, or was convicted of a qualifying offense. (check if
   applicable)
7.    •
      The defendant must participate in an approved program for domestic violence. (check if applicable)
8. The defendant must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
9. If this judgment imposes a fine, the defendant must pay in accordance with the Fine sheet of this judgment.
10. The defendant must notify the court of any material change in their economic circumstances that might affect their ability
    to pay restitution, fines, or special assessments.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any other
conditions on the attached page.




                                                                                                          3:21-CR-01463-JLS
             Case 3:21-cr-01463-JLS Document 54 Filed 08/19/22 PageID.169 Page 3 of 5
 AO 245B (CASO Rev . 1/19) Judgment in a Criminal Case

 DEFENDANT:                  Eco Shield, LLC ( 1)                                                                    Judgment - Page 3 of 5
 CASE NUMBER:                3:21-CR-01463-JLS


                                     STANDARD CONDITIONS OF SUPERVISION
As part of the defendant's probation, the defendant must comply with the following standard conditions of supervision.
These conditions are imposed because they establish the basic expectations for the defendant's 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 the defendant's conduct and condition.

1. The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72
   hours of their release from imprisonment, unless the probation officer instructs the defendant to report to a different probation
   office or within a different time frame.

2. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
   about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer
   as instructed.

3. The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first
   getting permission from the court or the probation officer.

4. The defendant must answer truthfully the questions asked by their probation officer.

5. The defendant must live at a place approved by the probation officer. If the defendant plans to change where they live or
   anything about their living arrangements (such as the people living with the defendant), the defendant 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, the defendant must notify the probation officer within 72 hours of becoming aware ofa change or
   expected change.

6. The defendant must allow the probation officer to visit them at any time at their home or elsewhere, and the defendant must
   permit the probation officer to take any items prohibited by the conditions of their supervision that he or she observes in plain
   view.

7. The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
   excuses the defendant from doing so. If the defendant does not have full-time employment the defendant must try to find full-
   time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the
   defendant works or anything about their work (such as their position or their job responsibilities), the defendant must notify the
   probation officer at least IO days before the change. If notifying the probation officer at least 10 days in advance is not possible
   due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a
   change or expected change.

8. The defendant must not communicate or interact with someone they know is engaged in criminal activity. If the defendant
   knows someone has been convicted of a felony, they must not knowingly communicate or interact with that person without
   first getting the permission of the probation officer.

9. If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72 hours.

10. The defendant 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 . The defendant 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 the defendant poses a risk to another person (including an organization), the probation
    officer may require the defendant to notify the person about the risk and the defendant must comply with that instruction.
    The probation officer may contact the person and confirm that the defendant notified the person about the risk.

13 . The defendant must follow the instructions of the probation officer related to the conditions of supervision.



                                                                                                                     3:2 l-CR-01463-JLS
              Case 3:21-cr-01463-JLS Document 54 Filed 08/19/22 PageID.170 Page 4 of 5



A0245S      Judgment in Criminal Case
            Sheet 5 - Criminal Monetary Penalties

                                                                                               Judgment -   Page   4      of   5
DEFENDANT: Eco Shield, LLC (!)                                                          D
CASE NUMBER: 3:21-CR-01463-JLS
                                                                FINE

     The defendant shall pay a fine in the amount of            $42 ,000.00        unto the United States of America.




         This sum shall be paid         __ immediately.
                                         " as follows:

         The Court orders the fine be payable forthwith.




         The Court has determined that the defendant does not     have the ability to pay interest. It is ordered that:

   __ The interest requirement is waived.


          The interest is modified as follows:




                                                                                             3:2 l-CR-01463-JLS
              Case 3:21-cr-01463-JLS Document 54 Filed 08/19/22 PageID.171 Page 5 of 5



AO 245S      Judgment in Criminal Case
             Sheet 5 - Criminal Monetary Penalties

                                                                                                      Judgment -   Page       5   of     5
 DEFENDANT: Eco Shield, LLC                                                                     D
 CASE NUMBER: 3:21-CR-01463-JLS

                                                           RESTITUTION

The defendant shall pay restitution in the amount of                 $86,754.00            unto the United States of America.




          This sum shall be paid         __ immediately.
                                         ~  as follows :
           Pay restitution in the amount of$86,754 to the victims noted below through the Clerk, U.S. District Court. Payment of
           restitution shall be forthwith. The defendant shall pay the restitution during his supervised release at the rate of$ I ,000.00
           per month. These payment schedules do not foreclose the United States from exercising all legal actions, remedies, and
           process available to it to collect the restitution judgment.

           Defendant shall be jointly and severally liable to pay restitution with co-defendants/co-conspirators for the same losses.
           The presently known co-defendants/co-conspirators are listed on the face sheet of this report ..
           Until restitution has been paid, the defendant shall notify the Clerk of the Court and the United States Attorney's Office
           of any change in the defendant' s mailing or residence address, no later than thirty (30) days after the change occurs.

           Victim                                                      Amount

           NFC Collections Section                                     $52,835
           Attn: DOJ Restitution
           RE: FP&F 2021250400038901
           P.O. Box 68907
           Indianapolis, IN 46268

           U.S. Customs and Border Protection                          $33,919
           9945 Customhouse Plaza
           San Diego, CA 92154



      The Court has detennined that the defendant       does not      have the ability to pay interest. It is ordered that:

             The interest requirement is waived.

             The interest is modified as follows:




                                                                                                     3 :21-CR-0 1463-JLS


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