Judgment — United States v. Edward Kim, Central District of California (Document 49)

Summary

The Judgment and Probation/Commitment Order for Edward Kim, No. 8:21-cr-00041-JVS, in the U.S. District Court for the Central District of California, filed March 6, 2023 as Document 49. On guilty pleas, the court convicts the defendant of conspiracy to distribute a controlled substance, distribution of methamphetamine, conspiracy to defraud the government with respect to claims under 18 U.S.C. § 286, mail fraud under 18 U.S.C. § 1341, and possession of fifteen or more unauthorized access devices under 18 U.S.C. § 1029(a)(3). It imposes TWO HUNDRED NINETY TWO (292) MONTHS: 292 months on each of counts 1, 2, 4, and 5 and 120 months on each of counts 3, 6, and 7, served concurrently, followed by five years of supervised release. It sets a $700 special assessment and restitution of $5,474,850.00, including $5,458,050.00 to the California Employment Development Department.

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. Edward Kim, Central District of California (Document 49).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-8-21-cr-00041-dkt-49-c-d-cal-de4e90e608/, SHA-256 a65e731522926691f47064331ed6b7da5ad7566f2b9ac0c7aeba030ab06f06ff.

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Case 8:21-cr-00041-JVS Document 49 Filed 03/06/23 Page 1 of 6 Page ID #:422

United States District Court
Central District of California

UNITED STATES OF AMERICA vs. Docket No. SACR 21-00041-JVS

Defendant Edward Kim Social Security No. 2 0 5 2
akas: Eddie Q. Kim (Last 4 digits)

MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 3 6 2023

COUNSEL Jason Hannan, DFPD
(Name of Counsel)

PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
FINDING There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Conspiracy to Distribute Controlled Substance in violation of 21 U.S.C. §§ 846, 841(b)(1)(A)(viii) as charged in Count 1 of
First Superseding Information; Distribution of Methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) as
charged in Count 2 of First Superseding Information; Conspiracy to Defraud the Government with Respect to Claims in
violation of 18 U.S.C. § 286 as charged in Count 3 of the First Superseding Information; Mail Fraud in violation of 18 U.S.C.
§ 1341 as charged in Counts 4-5 of the First Superseding Information; Possession of Fifteen or More Unauthorized Access
Devices in violation of 18 U.S.C. § 1029(a)(3) as charged in Counts 6-7 of First Superseding Information.
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
COMM Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the
ORDER custody of the Bureau of Prisons to be imprisoned for a term of: TWO HUNDRED NINETY TWO (292) MONTHS. This term
consists of 292 months on each of counts 1, 2, 4, and 5, and 120 months on each of counts 3, 6, and 7, all such terms to
be served concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $700, 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.

It is ordered that the defendant shall pay restitution in the total amount of $5,474,850.00 pursuant to U.S.C. § 3663(a)(3).

Victim Name Amount of Loss
California Employment $5,458,050.00
Development Department (EDD)

Internal Revenue Service (IRS) $16,800.00

The Court finds from a consideration of the record that the defendant's economic circumstances allow for nominal
restitution payments pursuant to the following schedule: Restitution shall be paid in monthly installments of at least 10%
of defendant's gross monthly income, but not less than $100, whichever is greater, during the term of probation. These
payments shall begin 30 days after the date of this judgment.

Pursuant to Guideline §5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable

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USA vs. Edward Kim Docket No.: SACR 21-00041-JVS

to pay a fine in addition to restitution.

The Court recommends that the defendant be considered for participation in the Bureau of Prison's Residential Drug Abuse
Program (RDAP).

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Edward Kim, is hereby
committed on Counts 1, 2, 3, 4, 5, 6, and 7 of the First Superseding Information to the custody of the Bureau of Prisons
to be imprisoned for a term of 292 months. This term consists of 292 months on each of counts 1, 2, 4, and 5, and 120
months on each of Counts 3, 6, and 7, all such terms to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years under the
following terms and conditions:

1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services
Office and Second Amended General Order 20-04.

2. During the period of community supervision, the defendant shall pay the special assessment in accordance with
this judgment's orders pertaining to such payment.

3. The defendant shall cooperate in the collection of a DNA sample from the defendant.

4. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one
drug test within 15 days of release from custody and at least two periodic drug tests thereafter, not to exceed
eight tests per month, as directed by the Probation Officer.

5. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes
urinalysis, breath or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from
using alcohol and illicit drugs, and from abusing prescription medications during the period of supervision.

6. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense
counsel, may place the defendant in a residential drug treatment program approved by the U.S. Probation and
Pretrial Services Office for treatment of narcotic addiction or drug dependency, which may include counseling
and testing, to determine if the defendant has reverted to the use of drugs. The defendant shall reside in the
treatment program until discharged by the Program Director and Probation Officer.

7. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered
treatment to the aftercare contractors during the period of community supervision. The defendant shall provide
payment and proof of payment as directed by the Probation Officer. If the defendant has no ability to pay, no
payment shall be required.

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

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USA vs. Edward Kim Docket No.: SACR 21-00041-JVS

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

10. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport
or any other form of identification in any name, other than the defendant's true legal name, nor shall the
defendant use, any name other than his true legal name without the prior written approval of the Probation
Officer.

The Court authorizes the Probation & Pretrial Services Office to disclose the Presentence Report to the substance abuse
treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure
of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge.

The Court recommends that the defendant be housed as first priority at a facility that has RDAP and as second priority
a facility in the Central District of California.

On the Government’s motion, the underlying Indictment is ordered DISMISSED.

Defendant is advised of his appeal rights.

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USA vs. Edward Kim Docket No.: SACR 21-00041-JVS

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.

March 6, 2023
Date U. S. District Judge James V Selna

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

March 6, 2023 By E.Vargas
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 9. The defendant must not knowingly associate with any persons engaged
crime; in criminal activity and must not knowingly associate with any person
2. The defendant must report to the probation office in the federal convicted of a felony unless granted permission to do so by the probation
judicial district of residence within 72 hours of imposition of a officer. This condition will not apply to intimate family members, unless
sentence of probation or release from imprisonment, unless the court has completed an individualized review and has determined
otherwise directed by the probation officer; that the restriction is necessary for protection of the community or
3. The defendant must report to the probation office as instructed by rehabilitation;
the court or probation officer; 10. The defendant must refrain from excessive use of alcohol and must not
4. The defendant must not knowingly leave the judicial district purchase, possess, use, distribute, or administer any narcotic or other
without first receiving the permission of the court or probation controlled substance, or any paraphernalia related to such substances,
officer; except as prescribed by a physician;
5. The defendant must answer truthfully the inquiries of the probation 11. The defendant must notify the probation officer within 72 hours of being
officer, unless legitimately asserting his or her Fifth Amendment arrested or questioned by a law enforcement officer;
right against self-incrimination as to new criminal conduct; 12. For felony cases, the defendant must not possess a firearm, ammunition,
6. The defendant must reside at a location approved by the probation destructive device, or any other dangerous weapon;
officer and must notify the probation officer at least 10 days before 13. The defendant must not act or enter into any agreement with a law
any anticipated change or within 72 hours of an unanticipated enforcement agency to act as an informant or source without the
change in residence or persons living in defendant’s residence; permission of the court;
7. The defendant must permit the probation officer to contact him or 14. The defendant must follow the instructions of the probation officer to
her at any time at home or elsewhere and must permit confiscation implement the orders of the court, afford adequate deterrence from
of any contraband prohibited by law or the terms of supervision and criminal conduct, protect the public from further crimes of the
observed in plain view by the probation officer; defendant; and provide the defendant with needed educational or
8. The defendant must work at a lawful occupation unless excused by vocational training, medical care, or other correctional treatment in the
the probation officer for schooling, training, or other acceptable most effective manner.
reasons and must notify the probation officer at least ten days
before any change in employment or within 72 hours of an
unanticipated change;

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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 non-federal 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. Edward Kim Docket No.: SACR 21-00041-JVS

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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