Judgment in a Criminal Case — United States v. Letez Osiris Bey, Eastern District of Wisconsin (Dkt. 254)

Summary

A Judgment in a Criminal Case (AO 245B) in United States of America v. Letez Osiris Bey, Case Number 22-CR-169-2-JPS, in the U.S. District Court for the Eastern District of Wisconsin, filed February 2, 2024 as Document 254, with sentence imposed February 1, 2024 by U.S. District Judge J. P. Stadtmueller. It records that the defendant, who appeared pro se with stand-by counsel, was found guilty after a jury trial on Counts One, Three, and Eleven: conspiracy to commit wire fraud under 18 U.S.C. § 1349, wire fraud and mail fraud. The court imposes Eighty (80) months of imprisonment, remands the defendant, and sets Three (3) years of supervised release. It orders a $300.00 special assessment, waives the fine, and orders restitution of $1,806,422.00, including $925,800.00 to the Small Business Administration, joint and several with co-defendants.

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“Judgment in a Criminal Case — United States v. Letez Osiris Bey, Eastern District of Wisconsin (Dkt. 254).” Original at ecf.wied.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-bey-et-al-dkt-254-747de6bd71/, SHA-256 ec810b9d1c201a5a6e66f323b96a33517f03291171d00bdf4eea74f8a1776a7f.

Full text

AO 245B (Rev.06/05) Sheet 1 – Judgment in a Criminal Case

United States District Court
Eastern District of Wisconsin

UNITED STATES OF AMERICA
JUDGMENT IN A CRIMINAL CASE
V. Case Number: 22-CR-169-2-JPS
Marshal Number: 18266-510
LETEZ OSIRIS BEY

Letez Osiris Bey (Pro Se) John Scully
Jeffrey Jensen (Stand-by) Benjamin Taibleson
Defendant’s Attorney Assistant United States Attorneys

THE DEFENDANT:
Was found guilty, following a jury trial, as to Counts One, Three, and Eleven of the Indictment.

Title & Section Nature of Offense Date Concluded Count(s)

Conspiracy to Commit
18 U.S.C. § 1349 07/2021 One
Wire Fraud

18 U.S.C. §§ 2(a), 2(b),
Wire Fraud 07/2021 Three
and 1343

18 U.S.C. §§ 2(a), 2(b),
Mail Fraud 07/2021 Eleven
and 1341

The defendant is sentenced as provided in sheets 2 through 6 of this judgment. The sentence is
imposed pursuant to the Sentencing Reform Act of 1984.

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 1 of 8 Document 254
AO 245B (Rev.06/05) Sheet 1 – Judgment in a Criminal Case

IT IS ORDERED that the defendant shall 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 fully paid.

Date Sentence Imposed: February 1, 2024

______________________________

J. P. Stadtmueller
U.S. District Judge

Date Judgment Signed: February 2, 2024

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 2 of 8 Document 254
AO 245B (Rev.06/05) Sheet 2 – Imprisonment Judgment Page 3 of 8
Defendant: Letez Osiris Bey
Case Number: 22-CR-169-2

IMPRISONMENT

The defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for
a term of Eighty (80) months as to each of Counts One, Three, and Eleven of the Indictment, all to
operate to run concurrently with one another, for a total term of imprisonment of Eighty (80) months.

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

(1) that the defendant be considered for incarceration at a federal facility most near
Chicago, Illinois.

The defendant is remanded to the custody of the U.S. Marshal.

RETURN

I have executed this judgment as follows:

Defendant delivered on _____________ to ______________ at ______________, with a certified
copy of this judgment.

____________________
United States Marshal

By: ____________________
Deputy U.S. Marshal

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 3 of 8 Document 254
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 4 of 8
Defendant: Letez Osiris Bey
Case Number: 22-CR-169-2

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of
Three (3) years as to each of Counts One, Three, and Eleven of the Indictment, all to operate to run
concurrently with one another, for a total term of supervised release of Three (3) years. The defendant
shall comply with the following special conditions:

1. Within 72 hours of release from the custody of the Bureau of Prisons, the defendant shall report
in person to his supervising probation officer in the district to which the defendant has been
released.
2. The defendant shall not commit another federal, state, or local crime.
3. The defendant shall not possess any firearms or other dangerous weapons.
4. Pursuant to the Violent Crime Control and Law Enforcement Act of 1996, the defendant shall
not illegally possess or unlawfully use any controlled substance. The Court finds there is a low
risk of future substance abuse by the defendant and therefore suspends the drug testing
requirements.
5. The defendant must reside at a residence approved by his supervising probation officer.
6. The defendant shall use his best efforts to secure lawful full-time employment and support his
dependents.
7. The defendant shall notify his supervising probation officer at least ten days prior to any change
in the place of his residence or employment. When such notification is not possible, the
defendant shall notify his supervising probation officer within 72 hours of the change.
8. The defendant shall notify his supervising probation officer within 72 hours of being arrested or
questioned by a law enforcement officer.
9. The defendant shall follow the reasonable instructions of his supervising probation officer and
answer all inquiries of such officer subject to the defendant’s Fifth Amendment right against
self-incrimination.
10. The defendant shall permit his supervising probation officer to visit him at reasonable times at
home, or such other location as may be mutually agreed upon and shall permit confiscation of
any contraband observed in plain view by his supervising probation officer.
11. The defendant shall not associate with any persons known by him to be engaged or planning to
be engaged in criminal activity. “Associate” as used here means to communicate, meet, reside,
socialize, or otherwise interact with such person.
12. The defendant shall not knowingly leave the judicial district to which he has been released
without the permission of the Court or his supervising probation officer.
13. The defendant shall not enter into any agreement to act as an informer or special agent of a law
enforcement agency without the prior approval of the Court.
14. The defendant is to pay the restitution that the Court has ordered at a rate of not less than $100.00
per month. Any interest on the restitution is waived. The defendant will also apply 100 percent
of any annual federal and/or state tax refund(s) toward the payment of any restitution balance.

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 4 of 8 Document 254
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 5 of 8
Defendant: Letez Osiris Bey
Case Number: 22-CR-169-2
The defendant shall not change exemptions claimed for either federal or state income tax
purposes without prior notice to his supervising probation officer.
15. The defendant shall not open any new lines of credit, which includes the leasing of any vehicle
or property, or use existing credit resources without the prior approval of his supervising
probation officer. After the defendant’s Court-ordered financial obligations have been fully
satisfied, this condition will no longer remain in effect.
16. The defendant is to provide access to all financial information requested by his supervising
probation officer including, but not limited to, copies of all federal and state income tax returns.
All tax returns shall be filed in a timely manner. The defendant shall also submit monthly
financial reports to his supervising probation officer.
17. The defendant shall participate in a mental health treatment program and shall take any and all
prescribed medications as directed by the treatment provider and participate in any
psychological/psychiatric evaluation(s) and counseling as approved by his supervising
probation officer. Subject to the defendant’s ability to pay, he shall pay the cost of such treatment
under the direction of his supervising probation officer.

In accordance with the recent decisions by the United States Court of Appeals for the Seventh

Circuit in United States v. Siegel, 753 F.3d 705 (7th Cir. 2014), United States v. Thompson, 777 F.3d 368

(7th Cir. 2015), United States v. Kappes, 782 F.3d 828 (7th Cir. 2015), United States v. Downs, 784 F.3d

1180 (7th Cir. 2015), United States v. Poulin, 809 F.3d 924 (7th Cir. 2016), United States v. Ortiz, 817

F.3d 1180 (7th Cir. 2016), United States v. Hill, 818 F.3d 342 (7th Cir. 2016), and their progeny, the

Court withheld imposition of any additional conditions of supervised release. The Court concluded

that such additional conditions, if any, are best left for further consideration at such time as the

defendant may become eligible for release from the custodial portion of the Court’s sentence.

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 5 of 8 Document 254
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 6 of 8
Defendant: Letez Osiris Bey
Case Number: 22-CR-169-2

CRIMINAL MONETARY PENALTIES

The defendant shall pay the following total criminal monetary penalties in accordance with the
schedule of payments set forth on Sheet 6.

Special Assessment Fine Restitution

Totals: $300.00 Waived $1,806,422.00

FINE

Based upon the defendant’s limited financial resources, the Court determines that the defendant
does not have the financial ability to pay a fine within the guidelines range. The Court determines that
the defendant does not have the financial ability to pay the interest on the fine, costs of incarceration,
costs of community confinement, and supervision, and therefore waives the interest on the fine, costs
of incarceration, costs of community confinement, and supervision in this case.

A waiver of the cost of community confinement does not preclude the Bureau of Prisons from
imposing a subsistence fee of up to twenty-five percent (25%) of gross income, based on ability to pay,
for any portion of the sentence spent in a community correctional facility.

RESTITUTION

The defendant shall pay restitution in the amount listed below. Restitution shall be joint and
several with the defendant’s co-defendants as indicated on the chart below. Interest on the restitution
is waived. Restitution payments shall be made to the Clerk of the Court—362 U.S. Courthouse, 517 E.
Wisconsin Avenue, Milwaukee, Wisconsin 53202—who shall disburse restitution payments to the
following payee(s):

PAYEE AMOUNT JOINT AND SEVERAL
Small Business Administration Joint and several with Aziz
Address to be provided to the Clerk of $925,800.00 Hassan Bey, Minister Zakar
Court Ali, and Divine-Seven El
First Horizon Bank Joint and several with Aziz
Address to be provided to the Clerk of $179,852.00 Hassan Bey, Minister Zakar
Court Ali, and Divine-Seven El

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 6 of 8 Document 254
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 7 of 8
Defendant: Letez Osiris Bey
Case Number: 22-CR-169-2
Capital Plus Financial Joint and several with Aziz
2247 Central Drive $60,909.00 Hassan Bey, Minister Zakar
Bedford, TX 76021 Ali, and Divine-Seven El
Kabbage Inc.
Joint and several with Aziz
925 B Peachtree Street NE
$38,520.00 Hassan Bey, Minister Zakar
Suite 383
Ali, and Divine-Seven El
Atlanta, GA 30309
Georgia Department of Labor Joint and several with Aziz
148 Andrew Young Intl. Boulevard NE $77,205.00 Hassan Bey and Minister
Atlanta, GA 30303 Zakar Ali
California Employment Development
Department
Joint and several with Aziz
EDD Legal, MIC 53
$82,140.00 Hassan Bey and Minister
Attention: FREDD
Zakar Ali
P.O. Box 826880
Sacramento, CA 94280-001
Illinois Department of Employment
Security
Joint and several with Aziz
Benefit Payment Control, 10th Floor
$440,628.00 Hassan Bey and Minister
Attention: Marco Morales
Zakar Ali
33 S. State Street
Chicago, IL 60603
Arizona Department of Economic
Security
Office of Inspector General Joint and several with Aziz
Attention D. Hawkins $1,368.00 Hassan Bey and Minister
2200 N. Central Avenue Zakar Ali
Suite 301, Mail Drop 1747
Phoenix, AZ 85004

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 7 of 8 Document 254
AO 245B (Rev.06/05) Sheet 6 – Schedule of Payments Judgment Page 8 of 8
Defendant: Letez Osiris Bey
Case Number: 22-CR-169-2

SCHEDULE OF PAYMENTS

Payments shall be applied in the following order: (1) assessment, and (2) restitution.

Special instructions regarding the payment of criminal monetary penalties:

Unless the Court has expressly ordered otherwise in the special instructions above, if this
judgment imposes a period of imprisonment, payment of the criminal monetary penalties shall be due
during the period of imprisonment. All criminal monetary penalty payments, except those payments
made through the Bureau of Prisons Inmate Financial Responsibility Program are to be made as
directed by the Court, the defendant’s supervising probation officer, or the United States Attorney.

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 8 of 8 Document 254

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