Judgment — United States v. Cynthia Ann Hernandez, Central District of California (Document 40)

Summary

The Judgment and Probation/Commitment Order for Cynthia Ann Hernandez, No. 5:22-cr-00217-MCS-1, in the U.S. District Court for the Central District of California, filed June 28, 2023 as Document 40. On a guilty plea, the court convicts the defendant of Mail Fraud under 18 U.S.C. §§ 1341, 2(a), 2(b) as charged in Count 1 and Access Device Fraud in Excess of $1,000 as charged in Count 5 of the Indictment. It imposes 30 months on each count, served concurrently, followed by 3 years of supervised release with community service. The order sets a $200 special assessment and restitution of $515,138 to California's Employment Development Department, with $17,000 due immediately upon sentencing, makes the preliminary order of forfeiture final and dismisses the remaining counts. Self-surrender is set for September 25, 2023.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Judgment — United States v. Cynthia Ann Hernandez, Central District of California (Document 40).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-5-22-cr-00217-dkt-40-c-d-cal-1697a3247a/, SHA-256 55aebb543d2399a36f55eec7dbf3652dcf2b8d6c7b7efdec0b4b1eaa6d95c1f2.

Full text

Case 5:22-cr-00217-MCS Document 40 Filed 06/28/23 Page 1 of 6 Page ID #:269
Case 5:22-cr-00217-MCS Document 40 Filed 06/28/23 Page 2 of 6 Page ID #:270

USA vs. Cynthia Ann Hernandez Docket No.: 5:22-cr-00217-MCS-1

6. The defendant shall apply all monies received from income tax refunds, lottery winnings,
inheritance, judgments, and any other financial gains to the Court-ordered financial obligation.

7. As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (a)
a signed release authorizing credit report inquiries; (b) federal and state income tax returns
and a signed release authorizing their disclosure and (c) an accurate financial statement, with
supporting documentation as to all assets, income, expenses, and liabilities of the defendant.

8. The defendant shall submit the defendant’s person, property, house, residence, vehicle, papers,
computers, cell phones, other electronic communications or data storage devices or media,
email accounts, social media accounts, cloud storage accounts, or other areas under the
defendant’s control, to a search conducted by a United States Probation Officer or law
enforcement officer. Failure to submit to a search may be grounds for revocation. The
defendant shall warn any other occupants that the premises may be subject to searches
pursuant to this condition. Any search pursuant to this condition will be conducted at a
reasonable time and in a reasonable manner upon reasonable suspicion that the defendant has
violated a condition of his supervision and that the areas to be searched contain evidence of
this violation.

9. The drug testing condition mandated by statute is suspended based on the Court’s
determination that the defendant poses a low risk of future substance abuse.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which
is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of
not less than $25 per quarter, and pursuant to the Bureau of Prisons’ Inmate Financial Responsibility
Program.

Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has
established that she is unable to pay and is not likely to become able to pay any fine.

The Court has found that the property identified in the preliminary order of forfeiture is subject
to forfeiture. The preliminary order is incorporated by reference into this judgment and is final.

The defendant is ordered to pay $515,138 in restitution to California’s Employment Development
Department, addressed to EDD Cashiering, Benefit Recovery State of California, Post Office Box
82606, Sacramento, CA 94206-0001. Payment is due and payable immediately, subject to the following
payment schedule and conditions:

1. The defendant shall pay $17,000 immediately upon sentencing with the remainder of the
balance to be paid off at a rate not less than $300 per month or 10% of her gross monthly
income, whichever is greater. Based on Defendant’s inability to pay, all interest on the
outstanding balance is waived.

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USA vs. Cynthia Ann Hernandez Docket No.: 5:22-cr-00217-MCS-1

2. The defendant shall notify the Court of any material change in defendant’s ability to pay,
including without limitation any increases in wages, income, or assets.

3. The defendant shall apply all monies received from income tax refunds to the outstanding
Court-ordered financial obligation. In addition, the defendant shall apply all monies
received from lottery winnings, inheritance, judgments and any anticipated or unexpected
financial gains to the outstanding Court-ordered financial obligation.

4. The defendant’s criminal restitution debt will be referred to the Treasury Offset Program
through the procedures set forth in 31 U.S.C. § 3720A and 31 U.S.C. § 3716 to offset funds
otherwise payable to the defendant from any federal agency, including the Internal
Revenue Service and the Social Security Administration, to apply those funds to
defendant’s outstanding fine or restitution balance until defendant’s liability to pay any
fine or restitution order has expired or been satisfied.

5. The defendant shall notify the Financial Litigation Section of the United States Attorney’s
Office for the Central District of California before transferring any interest in the 2018
Chevrolet Crew Pickup Truck identified in PSR ¶ 127, as well as any property, real or
valued over $1,000, owned directly or indirectly by defendant, including any interest held
or owned under any other name or entity, including trusts, partnership and/or corporations.
Plus, any funds held by defendant not identified in the Presentence Investigation Report.

6. The United States Probation Office shall preserve and provide the Financial Litigation
Section of the United States Attorney’s Office for the Central District of California with
all the financial documentation relied upon in the preparation of the Presentence Report,
including any net worth and cash flow statements completed by the defendant.

On Government's motion, all remaining counts ORDERED dismissed.

Defendant advised of her right to appeal.

It is further ordered that the defendant surrender herself to the institution designated by the
Bureau of Prisons on or before 1:00 p.m., September 25, 2023. In the absence of such designation, the
defendant shall report on or before the same date and time, to the United States Marshal located at
United States Federal Court House, 350 W. 1st Street, Los Angeles, California 90012.

Bond exonerated upon surrender.

///

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Case 5:22-cr-00217-MCS Document 40 Filed 06/28/23 Page 4 of 6 Page ID #:272

USA vs. Cynthia Ann Hernandez Docket No.: 5:22-cr-00217-MCS-1

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the
defendant and provide all necessary treatment.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
supervision for a violation occurring during the supervision period.

June 28, 2023
Date U. S. District Judge Mark C. Scarsi

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

June 28, 2023 By Stephen Montes Kerr
Filed Date Deputy Clerk

The defendant must comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:
1. The defendant must not commit another federal, state, or local crime; 9. The defendant must not knowingly associate with any persons
2. The defendant must report to the probation office in the federal engaged in criminal activity and must not knowingly associate with
judicial district of residence within 72 hours of imposition of a any person convicted of a felony unless granted permission to do so
sentence of probation or release from imprisonment, unless by the probation officer. This condition will not apply to intimate
otherwise directed by the probation officer; family members, unless the court has completed an individualized
3. The defendant must report to the probation office as instructed by the review and has determined that the restriction is necessary for
court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the judicial district without 10. The defendant must refrain from excessive use of alcohol and must
first receiving the permission of the court or probation officer; not purchase, possess, use, distribute, or administer any narcotic or
5. The defendant must answer truthfully the inquiries of the probation other controlled substance, or any paraphernalia related to such
officer, unless legitimately asserting his or her Fifth Amendment substances, except as prescribed by a physician;
right against self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer within 72 hours of
6. The defendant must reside at a location approved by the probation being arrested or questioned by a law enforcement officer;
officer and must notify the probation officer at least 10 days before 12. For felony cases, the defendant must not possess a firearm,
any anticipated change or within 72 hours of an unanticipated change ammunition, destructive device, or any other dangerous weapon;
in residence or persons living in defendant’s residence; 13. The defendant must not act or enter into any agreement with a law
7. The defendant must permit the probation officer to contact him or her enforcement agency to act as an informant or source without the
at any time at home or elsewhere and must permit confiscation of permission of the court;
any contraband prohibited by law or the terms of supervision and 14. The defendant must follow the instructions of the probation officer
observed in plain view by the probation officer; to implement the orders of the court, afford adequate deterrence from
8. The defendant must work at a lawful occupation unless excused by criminal conduct, protect the public from further crimes of the
the probation officer for schooling, training, or other acceptable defendant; and provide the defendant with needed educational or
reasons and must notify the probation officer at least ten days before vocational training, medical care, or other correctional treatment in
any change in employment or within 72 hours of an unanticipated the most effective manner.
change;

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USA vs. Cynthia Ann Hernandez Docket No.: 5:22-cr-00217-MCS-1

X The defendant must also comply with the following special conditions (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
must be delivered to:

United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012

or such other address as the Court may in future direct.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.

The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).

The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).

Payments will be applied in the following order:

1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.

CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS

As directed by the Probation Officer, the defendant must provide to the Probation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement,
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan
or open any line of credit without prior approval of the Probation Officer.

When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.

The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

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USA vs. Cynthia Ann Hernandez Docket No.: 5:22-cr-00217-MCS-1

RETURN

I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By
Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court

By
Filed Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation 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.

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

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Our copy: 40-judgment.pdf
Original: archive.org