Judgment — United States v. William Nicoloff Jr, Central District of California (Document 35)

Summary

Judgment and Probation/Commitment Order in United States v. William Nicoloff Jr, Docket No. SACR 21-44JVS, in the U.S. District Court for the Central District of California, filed May 10, 2022 as Document 35 in Case 8:21-cr-00044-JVS. After a guilty plea, the defendant is convicted of bank fraud under 18 USC Section 1344(2) in Count 1 of the Information and unlawful monetary transactions in Count 2. The court imposes 30 months of imprisonment on each count, served concurrently, and three years of supervised release, with a special assessment of $200 and restitution of $1,554,063 under 18 U.S.C. § 3663(a)(3) to US Bank NA and Transportation Alliance Bank. Fines are waived under Guideline §5E1.2(a), and the defendant is to surrender on or before August 12, 2022. The order is dated May 9, 2022 above the name of Judge James Y Selna.

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“Judgment — United States v. William Nicoloff Jr, Central District of California (Document 35).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-8-21-cr-00044-dkt-35-c-d-cal-0b0a0a5c6f/, SHA-256 4671f61353e00e6c38682cd6ae18713be1fad3aef5fdce78e9b44dde933fea40.

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Case 8:21-cr-00044-JVS Document 35 Filed 05/10/22 Page 1 of 6 Page ID #:193

United States District Court
Central District of California

UNITED STATES OF AMERICA vs. Docket No. SACR 21-44JVS

Defendant William Nicoloff Jr Social Security No. 4 8 2 2
akas: William Nicoloff; Bill Nicoloff Jr (Last 4 digits)

MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 05 09 2022

COUNSEL Diane Bass, Retained
(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:
Bank Fraud in violation of 18 USC Section 1344(2) as charged in Count 1 of the Information and Unlawful Monetary
Transactions as charged in Count 2 of the 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: 30 MONTHS on Counts 1 and 2 of the
Information

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.

As to Count 2, it is ordered that the defendant shall pay restitution in the total amount of $1,554,063 pursuant to
18 U.S.C. § 3663(a)(3).

Victim Name Amount of Loss
US Bank NA (US Bank) $1,303,064
Transportation Alliance Bank (TAB Bank) $ 250,999

Restitution shall be paid in full within 60 days of this judgment. The Court finds from a consideration of the record
that the defendant's economic circumstances allow for a full payment of restitution by the specified date.

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

The defendant shall comply with Second Amended General Order No. 20-04.

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USA vs. William Nicoloff Jr Docket No.: SACR 21-44JVS

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, William
Nicoloff Jr., is hereby committed on Counts 1 and 2 of the 2-Count Information to the custody of the Bureau of
Prisons for a term of 30 months. This term consists of 30 months on each of Counts 1 and 2, to be served
concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years.
This term consists of three years on each of Counts 1 and 2, all such terms to run concurrently, 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,
restitution, and fine owed 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 not engage, as whole or partial owner, employee or otherwise, in any business
involving loan programs, telemarketing activities, investment programs or any other business
involving the solicitation of funds or cold-calls to customers without the express approval of the
Probation Officer prior to engaging in such employment. Further, the defendant shall provide the
Probation Officer with access to any and all business records, client lists, and other records
pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed
by the Probation Officer.

5. 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.

6. The defendant shall report this conviction to the Financial Industry Regulatory Authority (FINRA),
the Internal Revenue Service (IRS), the California Department of Insurance (CDI), and to any other
federal, state, or local agency with whom the defendant has been licensed, and thereafter comply
with any orders, including any employment or business restrictions. Further, the defendant shall
show proof to the Probation Officer of compliance with this order.

7. The defendant shall submit his person, property, house, residence, vehicle, papers, computers [as
defined in 18 U.S.C. § 1030(e)(1)], cell phones, other electronic communications or data storage
devices or media, office, 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

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USA vs. William Nicoloff Jr Docket No.: SACR 21-44JVS

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. William Nicoloff Jr Docket No.: SACR 21-44JVS

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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