Judgment — United States v. VIP Healthcare Solutions, Inc., District of Puerto Rico (Document 107)
Summary
A Judgment in a Criminal Case for Organizational Defendants in United States v. VIP Healthcare Solutions, Inc., Case Number 3:23-cr-0058-03 (RAM), in the U.S. District Court for the District of Puerto Rico, imposed and filed 1/17/2024 as Document 107 and signed by U.S. District Judge Raul M. Arias-Marxuach. The organization pleaded guilty on 10/17/2023 to Count Forty-six (46) of the Indictment, false statement on loan and credit applications under 18:1014, with the offense ended 5/4/2022; the remaining counts are dismissed on the motion of the United States. The court sentences the organization to probation for Two (2) years. Penalties are a $400.00 assessment and restitution of $249,755.35 to the U.S. Small Business Administration, with a lump sum of $250,155.35 due immediately and forfeiture as outlined in the written plea agreement.
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“Judgment — United States v. VIP Healthcare Solutions, Inc., District of Puerto Rico (Document 107).”
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Case 3:23-cr-00058-RAM Document 107 Filed 01/17/24 Page 1 of 4
2AO 245E (Rev. 12/03) Judgment in a Criminal Case for Organizational Defendants
Sheet 1
UNITED STATES DISTRICT COURT
District of Puerto Rico
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V. (For Organizational Defendants)
VIP Healthcare Solutions, Inc. CASE NUMBER: 3:23-cr-0058-03 (RAM)
Kendys Pimentel-Soto
Defendant Organization’s Attorney
THE DEFENDANT ORGANIZATION:
✔ pleaded guilty to count(s) Forty-six (46) of the Indictment on 10/17/2023.
G
G pleaded nolo contendere to count(s)
which was accepted by the court.
G was found guilty on count(s)
after a plea of not guilty.
The organizational defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense Offense Ended Count
18:1014 FALSE STATEMENT ON LOAN AND CREDIT APPLICATIONS 5/4/2022 46
The defendant organization is sentenced as provided in pages 2 through 4 of this judgment.
G The defendant organization has been found not guilty on count(s)
✔ Count(s) remaining
G G is G ✔are dismissed on the motion of the United States.
It is ordered that the defendant organization must notify the United States attorney for this district within 30 days of any change
of name, principal business address, 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 organization must notify the court and United States attorney of material
changes in economic circumstances.
Defendant Organization’s
Federal Employer I.D. No.: 660882102 1/17/2024
Date of Imposition of Judgment
Defendant Organization’s Principal Business Address:
381 Ave Felisa Rincon de Gautier S/ Raul M. Arias-Marxuach
Paseo Monte 802 Signature of Judge
San Juan, Puerto Rico 00926
Raul M. Arias-Marxuach, U.S. District Judge
Name of Judge Title of Judge
1/17/2024
Date
Case 3:23-cr-00058-RAM Document 107 Filed 01/17/24 Page 2 of 4
AO 245E (Rev. 12/03) Judgment in a Criminal Case for Organizational Defendants
Sheet 2 — Probation
Judgment—Page 2 of 4
DEFENDANT ORGANIZATION: VIP Healthcare Solutions, Inc.
CASE NUMBER: 3:23-cr-0058-03 (RAM)
PROBATION
The defendant organization is hereby sentenced to probation for a term of :
Two (2) years.
The defendant organization shall not commit another federal, state or local crime.
If this judgment imposes a fine or a restitution obligation, it is a condition of probation that the defendant organization
pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant organization must comply with the standard conditions that have been adopted by this court as well as with any
additional conditions on the attached page (if indicated below).
1. The defendant shall not commit another Federal, state, or local crime, and shall observe the standard conditions of
probation recommended by the United States Sentencing Commission and adopted by this Court.
STANDARD CONDITIONS OF SUPERVISION
1) within thirty days from the date of this judgment, the defendant organization shall designate an official of the organization to act
as the organizations’s representative and to be the primary contact with the probation officer;
2) the defendant organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation
officer;
3) the defendant organization shall notify the probation officer ten days prior to any change in principal business or mailing address;
4) the defendant organization shall permit a probation officer to visit the organization at any of its operating business sites;
5) the defendant organization shall notify the probation officer within seventy-two hours of any criminal prosecution, major civil
litigation, or administrative proceeding against the organization;
6) the defendant organization shall not dissolve, change its name, or change the name under which it does business unless this
judgment and all criminal monetary penalties imposed by this court are either fully satisfied or are equally enforceable against the
defendant’s successors or assignees; and
7) the defendant organization shall not waste, nor without permission of the probation officer, sell, assign, or transfer its assets.
Case 3:23-cr-00058-RAM Document 107 Filed 01/17/24 Page 3 of 4
AO 245E (Rev. 12/03) Judgment in a Criminal Case for Organizational Defendants
Sheet 3 — Criminal Monetary Penalties
Judgment — Page 3 of 4
DEFENDANT ORGANIZATION: VIP Healthcare Solutions, Inc.
CASE NUMBER: 3:23-cr-0058-03 (RAM)
CRIMINAL MONETARY PENALTIES
The defendant organization must pay the following total criminal monetary penalties under the schedule of payments on Sheet 4.
Assessment Fine Restitution
TOTALS $ 400.00 $ $ 249,755.35
G The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.
G The defendant organization shall make restitution (including community restitution) to the following payees in the amount listed
below.
If the defendant organization 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
U.S. Small Business Administration $249,755.35
TOTALS $ 0.00 $ 249,755.35
G Restitution amount ordered pursuant to plea agreement $
G The defendant organization shall pay interest on restitution or 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 4 may
be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
G The court determined that the defendant organization does not have the ability to pay interest, and it is ordered that:
G the interest requirement is waived for the G fine G restitution.
G the interest requirement for the G fine G restitution is modified as follows:
* 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 3:23-cr-00058-RAM Document 107 Filed 01/17/24 Page 4 of 4
AO 245E (Rev. 12/03) Judgment in a Criminal Case for Organizational Defendants
Sheet 4 — Schedule of Payments
Judgment — Page 4 of 4
DEFENDANT ORGANIZATION: VIP Healthcare Solutions, Inc.
CASE NUMBER: 3:23-cr-0058-03 (RAM)
SCHEDULE OF PAYMENTS
Having assessed the organization’s ability to pay, payment of the total criminal monetary penalties are due as follows:
A ✔ Lump sum payment of $
G 250,155.35 due immediately, balance due
G not later than , or
G in accordance with G C or G D below; or
B G Payment to begin immediately (may be combined with G C or G D below); or
C G Payment in (e.g., equal, 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 G Special instructions regarding the payment of criminal monetary penalties:
All criminal monetary penalties are made to the clerk of the court.
The defendant organization shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
G 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.
G The defendant organization shall pay the cost of prosecution.
G The defendant organization shall pay the following court cost(s):
✔ The defendant organization shall forfeit the defendant organization’s interest in the following property to the United States:
G
As outlined in the written plea agreement.
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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