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Judgment in a Criminal Case — United States v. Michael DiMassa, District of Connecticut (Document 319)

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A Judgment in a Criminal Case in United States of America v. Michael DiMassa, Case Number 3:22-CR-00033-OAW(1), in the U.S. District Court for the District of Connecticut, filed June 7, 2023 as Document 319, with judgment imposed May 31, 2023. The defendant pleaded guilty to counts one, three, and five of the Indictment, conspiracy to commit wire fraud under Title 18 §1349, and counts 2, 4, and 6 are dismissed. The court imposes 27 months of imprisonment and 60 months of supervised release, concurrent on each count, with 100 hours of community service and self-surrender by 7/31/2023. It orders restitution of $865,844.45, a special assessment of $300.00 and no fine. The judgment is digitally signed by United States District Judge Omar A. Williams and names John R. Gulash as defense counsel.

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“Judgment in a Criminal Case — United States v. Michael DiMassa, District of Connecticut (Document 319).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-3-22-cr-00033-dkt-319-d-conn-424ab923fb/, SHA-256 bf83014e38dfeb71c2f08b8a29c4cad9d79033b015beae37a4a78f78e9cee050.

Full text

                   Case 3:22-cr-00033-OAW Document 319 Filed 06/07/23 Page 1 of 5

                                         UNITED STATES DISTRICT COURT
                                           DISTRICT OF CONNECTICUT


 UNITED STATES OF AMERICA                                        )   JUDGMENT IN A CRIMINAL CASE
                                                                 )
 v.                                                              )   Case Number: 3:22-CR-00033-OAW(1)
                                                                 )   USM Number:
 MICHAEL DIMASSA                                                 )
                                                                 )   Raymond F. Miller & David J. Sheldon
                                                                 )   Assistant United States Attorneys
                                                                 )
                                                                 )   John R. Gulash
                                                                 )   Defendant’s Attorney



THE DEFENDANT: pleaded guilty to counts one, three, and five of the Indictment.

Accordingly, the defendant is adjudicated guilty of the following offenses:


 Title & Section                                Nature of Offense             Offense Ended                    Count

 Title 18 §1349                               Conspiracy To Commit Wire       November 2021                    1, 3, 5
                                              Fraud

The sentence is imposed pursuant to the Sentencing Reform Act of 1984.


IMPRISONMENT

You hereby are committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 27
months on counts one, three, and five; terms to run concurrent.


SUPERVISED RELEASE

Upon release from imprisonment, you shall be on supervised release for a term of 60 months on counts one, three, and
five; terms to run concurrent. The Mandatory and Standard Conditions of Supervised Release as attached, are imposed.
In addition, the following Special Conditions are imposed:

      1. You must complete 100 hours of community service within the first two years of supervision. The community
         service hours shall be completed at a program approved, in advance, by the United States Probation Office. The
         probation officer will supervise the participation in the community service program by approving the program. You
         must provide written verification of completed community service hours to the probation officer.

      2. You must provide the probation officer 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.

      3. You shall not incur new credit card charges above $500 or open additional lines of credit without the prior
         permission of the probation officer until your criminal debt obligation is paid. You shall not add any new names to
         any lines of credit, shall not be added as a secondary cardholder on another’s line of credit, and shall provide the
         probation officer with electronic access to any online management of any lines of credit, including lines of credit
         for businesses/LLCs that you own or have owned, operate or have operated, or those with which you are or
         otherwise were associated.
                  Case 3:22-cr-00033-OAW Document 319 Filed 06/07/23 Page 2 of 5
 Judgment in a Criminal Case                                                                         Judgment -- Page 2 of 5
                                                                                                   Local Form Rev.4/29/2022

DEFENDANT: MICHAEL DIMASSA
CASE NUMBER:3:22-CR-00033-OAW(01)

    4. You shall not encumber personal homes or investment properties without permission of the court, and shall not
       transfer, sell, give away, barter or dissipate in any way any assets including personal property such as motor
       vehicles or recreational vehicles without express permission of the probation officer and notification to the court.

    5. You must pay restitution that is imposed by this judgment. If you are unable to pay the full balance in a lump sum,
       any remaining balance is payable at the rate of at least $40,000.00 during each year of supervised release. The
       monthly payment schedule can be adjusted based upon your ability to pay as determined by the probation officer
       and as approved by the court.

    6. You must participate in a gambling addiction treatment program and follow the rules and regulations of the
       program. The probation officer will supervise your participation in the program. You must pay all or a portion of
       the costs associated with treatment based on your ability to pay as recommended by the probation officer and
       approved by the court.

    7. You must not engage in any form of gambling (including, but not limited to, lotteries, online wagering, and sports
       betting), and you must not enter any casino or other establishment where gambling is the primary purpose such
       as horse racetracks and off-track betting establishments.

    8. You must participate in a program recommended by the Probation Office and approved by the court for mental
       health treatment. You must follow the rules and regulations of that program. The probation officer, in consultation
       with the treatment provider, will supervise your participation in the program. You must pay all or a portion of the
       costs associated with treatment based on your ability to pay as recommended by the probation officer and
       approved by the court.

    9. If the probation officer determines that you pose a risk to another person, including an organization, the probation
       officer may, with the court’s approval, require you to notify the person or organization about the risk and you must
       comply with that instruction. The probation officer may contact the person or organization and confirm that you
       have notified the person about the risk.

    10. Any U.S. passport shall be returned to the Department of State (currently in the possession of the Probation
        Office), and any foreign passport is ordered returned to the Immigration and Customs Enforcement.

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments as follows:

 Special Assessment:           $300.00
 Fine:                         $0.00
 Restitution:                  $865,844.45

It is further ordered that you will 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 paid.

The following counts have been dismissed: 2, 4, and 6.


JUDICIAL RECOMMENDATION(S) TO THE BUREAU OF PRISONS

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

The Bureau of Prisons is to determine where you will be housed. It is recommended that you take advantage of any
programming while incarcerated such as any available programming related to work preparation, education, and parenting
counseling, and to address any mental health concerns to include gambling disorder or any diagnosed condition.
                  Case 3:22-cr-00033-OAW Document 319 Filed 06/07/23 Page 3 of 5
 Judgment in a Criminal Case                                                                         Judgment -- Page 3 of 5
                                                                                                   Local Form Rev.4/29/2022

DEFENDANT: MICHAEL DIMASSA
CASE NUMBER:3:22-CR-00033-OAW(01)


You shall self-surrender directly to the facility designated by the Federal Bureau of Prisons no later than 12:00 p.m. on
Monday, 7/31/2023, under youU own power and at your own expense. If no destination is indicated by July 24, one
week before the self-surrender date, you are instructed to contact the U.S. Marshal’s Service to arrange your self-
surrender.




                                                            May 31, 2023
                                                            Date of Imposition of Judgment


                                                            Omar A. Williams Digitally signed by Omar A. Williams
                                                                             Date: 2023.06.07 18:34:58 -04'00'

                                                            Signature of Judge

                                                            OMAR A. WILLIAMS
                                                            UNITED STATES DISTRICT JUDGE
                                                            Name and Title of Judge

                                                            June 7, 2023
                                                            Date
                    Case 3:22-cr-00033-OAW Document 319 Filed 06/07/23 Page 4 of 5
 Judgment in a Criminal Case                                                                                      Judgment -- Page 4 of 5
                                                                                                                Local Form Rev.4/29/2022

DEFENDANT: MICHAEL DIMASSA
CASE NUMBER:3:22-CR-00033-OAW(01)

                                          CONDITIONS OF SUPERVISED RELEASE
In addition to the Standard Conditions listed below, the following indicated („) Mandatory Conditions are imposed:
                                                       MANDATORY CONDITIONS
(1) 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.
        „ 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 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) տ 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 the location where you
       reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
(7) տ You must participate in an approved program for domestic violence. (check if applicable)

                                                        STANDARD CONDITIONS

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 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 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) You must follow the instructions of the probation officer related to the conditions of supervision.

   Upon a finding of a violation of supervised release, I understand that the court may (1) revoke supervision and impose a term of
   imprisonment, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.
                  Case 3:22-cr-00033-OAW Document 319 Filed 06/07/23 Page 5 of 5
 Judgment in a Criminal Case                                                                               Judgment -- Page 5 of 5
                                                                                                         Local Form Rev.4/29/2022

DEFENDANT: MICHAEL DIMASSA
CASE NUMBER:3:22-CR-00033-OAW(01)

   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




CERTIFIED AS A TRUE COPY ON THIS DATE: ______________________
By: ___________________________
     Deputy Clerk




RETURN
I have executed this judgment as follows:

Defendant delivered on _______________ to ______________________________ at __________________________,
with a certified copy of this judgment.


                                                                                                 Lawrence Bobnick
                                                                                            Acting United States Marshal

                                                                            By
                                                                                                     Deputy Marshal


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