Judgment in a Criminal Case — United States v. Jason E. Spengler, Southern District of Illinois (Document 21)

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A Judgment in a Criminal Case for Jason E. Spengler, Case Number 3:21-CR-30058-DWD, in the U.S. District Court for the Southern District of Illinois, signed August 18, 2021 and filed 08/18/21 as Document 21. It records a guilty plea to count 1 of the Information, false statement under 18 U.S.C. § 1001, offense ended 04/21/2020. The court sentences the defendant to probation for 36 months as to Count 1, with 150 hours of community service (plumbing related services) and limits on new credit and financial accounts while penalties are outstanding. It orders a $100.00 assessment, waives the fine, and orders restitution of $310,343.15 to SBA/DFC against a listed total loss of $487,095.00, payable in monthly installments of $200.00 or ten percent of net monthly income. The judgment names David W. Dugan, U.S. District Judge.

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Case 3:21-cr-30058-DWD Document 21 Filed 08/18/21 Page lof6 Page ID #117
AO 245B (SDIL Rev. 7/21) Judgment in a Criminal Case

DEFENDANT: JASON E. SPENGLER
CASE NUMBER: 3:21-CR-30058-DWD

Judgment Page 1 of 10

UNITED STATES DISTRICT COURT

Southern District of Illinois

)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
)
v. ) Case Number: 3:21-CR-30058-DWD
) USM Number: 42269-509
JASON E. SPENGLER
) JUSTIN A. KUEHN
Defendant’s Attorney
THE DEFENDANT:

X] pleaded guilty to count(s) Lof the Information.

[1 pleaded nolo contendere to count(s)
which was accepted by the court.

C] 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. § 1001 False Statement 04/21/2020 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.

No fine

It is ordered that the defendant shall 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 shall notify the court and United States
attorney of any material change in the defendant’s economic circurStances.

Restitution and/or fees may be paid to: Da dsition dgm
Clerk, U.S. District Court* .
750 Missouri Ave.
East St. Louis, IL 62201 Lz
Signature of Judge
*Checks payable to: Clerk, U.S. District Court DAVID W. DUGAN
U.S. DISTRICT JUDGE
Name and Title of Judge

Date Signed: August 18, 2021
Case 3:21-cr-30058-DWD Document 21 Filed 08/18/21 Page 2of6 Page ID #118

AO 245B (SDIL Rev. 7/21) Judgment in a Criminal Case

DEFENDANT: JASON E. SPENGLER
CASE NUMBER: 3:21-CR-30058-DWD

Judgment Page 2 of 10

PROBATION

The defendant is hereby sentenced to probation for a term of: 36 months as to Count 1 of the
Information.

Other than exceptions noted on the record at sentencing, the Court adopts the presentence report in its

current form, including the suggested terms and conditions of supervision and the explanations and
justifications therefor.

MANDATORY CONDITIONS
The following conditions are authorized pursuant to 18 U.S.C. § 3563(a):
The defendant shall not commit another federal, state or local crime.
The defendant shall not unlawfully possess a controlled substance.
The defendant shall cooperate in the collection of DNA as directed by the probation officer.
The defendant shall make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663,
3663A, and 3664; and pay the assessment imposed in accordance with 18 U.S.C. § 3013.
ADMINISTRATIVE CONDITIONS
The following conditions of probation are administrative and applicable whenever probation is imposed,
regardless of the substantive conditions that may also be imposed. These conditions are basic

requirements essential to probation.

The defendant must report to the probation office in the district to which the defendant is released within
72 hours.

The defendant shall not knowingly possess a firearm, ammunition, or destructive device. The defendant
shall not knowingly possess a dangerous weapon unless approved by the Court.

The defendant is allowed to travel within Illinois and Missouri. The defendant shall notify his probation
officer in advance of any out-of-district or out-of-state travel.

The defendant shall report to the probation officer in a reasonable manner and frequency directed by the
Court or probation officer.

The defendant shall respond to all inquiries of the probation officer and follow all reasonable instructions
of the probation officer.

The defendant shall notify the probation officer prior to an expected change, or within 72 hours after an
unexpected change, in residence or employment.
Case 3:21-cr-30058-DWD Document 21 Filed 08/18/21 Page 3o0f6 Page ID #119

AO 245B (SDIL Rev. 7/21) Judgment in a Criminal Case

DEFENDANT: JASON E. SPENGLER
CASE NUMBER: 3:21-CR-30058-DWD

Judgment Page 3 of 10

The defendant shall not knowingly meet, communicate, or otherwise interact with a person whom the
defendant knows to be engaged, or planning to be engaged, in criminal activity.

The defendant shall permit a probation officer to visit the defendant at a reasonable time at home or at any
other reasonable location and shall permit confiscation of any contraband observed in plain view of the
probation officer.

The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned
by a law enforcement officer.

SPECIAL CONDITIONS

Pursuant to the factors in 18 U.S.C. § 3553(a) and 18 U.S.C. § 3563(b), the following special conditions
are ordered. While the Court imposes special conditions, pursuant to 18 U.S.C. § 3603(10), the probation
officer shall perform any other duty that the Court may designate. The Court directs the probation officer
to administer, monitor, and use all suitable methods consistent with the conditions specified by the Court
and 18 U.S.C. § 3603 to aid persons on probation/supervised release. Although the probation officer
administers the special conditions, final authority over all conditions rests with the Court.

Condition: The defendant is to comply with all active child support and alimony orders. This includes
the payment of any arrearages.

Condition Explanation: The defendant is to comply with all active child support, which includes the
payment of arrearages and alimony orders, subject to their ability to pay.

Condition: While any financial penalties are outstanding, the defendant shall not incur new credit charges
or open additional lines of credit without the approval of the Court or probation officer.

Condition Explanation: While there is an outstanding fine, restitution, or special assessment obligation,
the defendant is not to take on additional debt through purchases made with existing lines of credit (e.g.
purchases made with any existing credit card, increasing an existing home equity line of credit, refinancing
an existing mortgage, etc.) without the approval of the Court or probation officer. The defendant is not to
apply for or open any new lines of credit (e.g. credit card, automobile or home loan, cellular telephone
contracts, etc.) without the approval of the Court or probation officer.

Condition: While any financial penalties are outstanding, the defendant shall not open additional
checking, savings, or money market accounts, or acquire any stocks, bonds, or other financial account
instruments without the approval of the Court or probation officer.

Condition Explanation: While there is an outstanding fine, restitution, or special assessment obligation,
the defendant shall not open any new checking, savings, or money market accounts, or acquire any new
stocks, bonds, or other financial account instruments, regardless of the amount, without the approval of
the Court or probation officer.

Condition: While any financial penalties are outstanding, the defendant shall provide the probation officer
and the Financial Litigation Unit of the United States Attorney's Office any requested financial
information. The defendant is advised that the probation office may share financial information with the
Case 3:21-cr-30058-DWD Document 21 Filed 08/18/21 Page 4of6 Page ID #120

AO 245B (SDIL Rev. 7/21) Judgment in a Criminal Case

DEFENDANT: JASON E. SPENGLER
CASE NUMBER: 3:21-CR-30058-DWD

Judgment Page 4 of 10

Financial Litigation Unit.

Condition Explanation: While there is an outstanding fine, restitution, or special assessment obligation,
the defendant is required to provide any financial information (e.g. banks statements, income verification,
tax returns, verification of assets, expenses, and liabilities, etc.) to the probation officer and/or the
Financial Litigation Unit of the U.S. Attorney's Office as requested.

Condition: While any financial penalties are outstanding, the defendant shall apply some or all monies
received, to be determined by the Court, from income tax refunds, lottery winnings, judgments, and/or
any other anticipated or unexpected financial gains to any outstanding court-ordered financial obligation.
The defendant shall notify the probation officer within 72 hours of the receipt of any indicated monies.

Condition Explanation: While there is an outstanding fine, restitution, or special assessment obligation,
the defendant shall disclose to the probation officer any monies received through income tax refunds (state
or federal), lottery winnings, judgments (e.g. civil suits), and/or any other anticipated or unexpected
financial gains (e.g. gambling winnings, inheritance, life insurance benefits, etc.) regardless of the amount.
The Court will determine the appropriate amount to be applied to any outstanding Court-ordered financial
obligation, after considering the defendant's basic needs. The defendant shall notify the probation officer
of the receipt of any of the above noted monies within 72 hours.

Condition: The defendant shall perform 150 hours of community service (plumbing related services) as
directed by the probation officer. Total number of community service hours is not to exceed 400 hours.

Condition Explanation: The defendant shall perform community service hours through a non for profit or
tax supported agency. Community service may also consist of the Court ordering the offender to provide
a service on their own (e.g. talking to a classroom of kids at a school about drug use). The defendant is
required to provide verification of community service hours completed to the Court and/or probation
officer. The Court directs the probation officer to approve the community service placement, monitor the
defendant's progress, and verify the completion of hours.

U.S. Probation Office Use Only
A U.S. Probation Officer has read and explained the conditions ordered by the Court and has provided me with a complete
copy of this Judgment. Further information regarding the conditions imposed by the Court can be obtained from the probation

officer upon request.

Upon a finding of a violation of a condition(s) 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.

Defendant’s Signature Date

U.S. Probation Officer Date
Case 3:21-cr-30058-DWD Document 21 Filed 08/18/21 Page5of6 Page ID #121
AO 245B (SDIL Rev. 7/21) Judgment in a Criminal Case

DEFENDANT: JASON E. SPENGLER
CASE NUMBER: 3:21-CR-30058-DWD

Judgment Page 5 of 10

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 $310,343.15 WAIVED N/A N/A
C)_ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case

(AO 245C) will be entered after such determination.

x] 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.

Priority or

Name of Payee Total Loss*** Restitution Ordered Percentage
SBA/DFC $487,095.00 $310,343.15

721 19th Street
3rd Floor, Room 301
Denver, CO 80202

Payment information must include the
following:

-The 10-digit loan number: 516388881
-SBA 10-digit loan number: 1336237209
-The 10-digit application number:
3302290284

-Must state RESTITUTION

-Docket number: 0754 3:21CR30058-001
(DWD)

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 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 DJ fine &| restitution.
CL] the interest requirement for FJ fine C1 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 3:21-cr-30058-DWD Document 21 Filed 08/18/21 Page 6of6 Page ID #122

AO 245B (SDIL Rev. 7/21) Judgment in a Criminal Case

DEFENDANT: JASON E. SPENGLER
CASE NUMBER: 3:21-CR-30058-DWD

Judgment Page 6 of 10

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as
follows:

A. CJ Lump sum payment of $ due immediately, balance due
CJ not later than , or
LJ in accordance L] C, LO) D, UE, or CI F below; or
B. [Xi Payment to begin immediately (may be combined with LJ C, (1 D, or X F below; or

C. UO 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. LJ 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. O 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. (I Special instructions regarding the payment of criminal monetary penalties:
All criminal monetary penalties are due immediately and payable through the Clerk, U.S. District Court. Having
assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be paid in equal
monthly installments of $200.00 or ten percent of his net monthly income, whichever is greater. The defendant
shall pay any financial penalty that is imposed by this judgment and that remains unpaid at the commencement
of the term of probation.

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 clerk of the court.

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

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

C] 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:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine
principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.


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