Judgment in a Criminal Case — United States v. Divine-Seven El, Eastern District of Wisconsin (Dkt. 258)

Summary

An AO 245B judgment in a criminal case against Divine-Seven El, Case Number 22-CR-169-4-JPS, in the United States District Court for the Eastern District of Wisconsin, filed February 2, 2024 as Document 258 in Case 2:22-cr-00169-JPS. After a jury trial, the defendant was found guilty on Counts One, Two, Six, Twelve, Sixteen, and Eighteen: conspiracy to commit wire fraud, wire fraud, mail fraud and unlawful monetary transactions. U.S. District Judge J. P. Stadtmueller imposed a total term of One Hundred and Fifty (150) months of imprisonment and Three (3) years of supervised release on February 1, 2024. The judgment orders a $600.00 special assessment, waives the fine, and orders restitution of $1,689,652.21, 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. Divine-Seven El, Eastern District of Wisconsin (Dkt. 258).” Original at ecf.wied.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-bey-et-al-dkt-258-ea4d1c0c16/, SHA-256 6d28b6515a41b3351eb49837d643c75430a0b36c5050b50d9cedaadab868732f.

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-169-4-JPS
Marshal Number: 53679-037
DIVINE-SEVEN EL

John Scully
Divine-Seven El (Pro Se) Benjamin Taibleson
Defendant’s Attorney Assistant United States Attorneys

THE DEFENDANT:
Was found guilty, following a jury trial, as to Counts One, Two, Six, Twelve, Sixteen, and
Eighteen 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 Two, Six
and 1343

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

18 U.S.C. §§ 2(a) and Unlawful Monetary
07/2021 Sixteen, Eighteen
1957 Transactions

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 258
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 258
AO 245B (Rev.06/05) Sheet 2 – Imprisonment Judgment Page 3 of 8
Defendant: Divine-Seven El
Case Number: 22-CR-169-4

IMPRISONMENT

The defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for
a term of One Hundred and Fifty (150) months as to each of Counts One, Two, Six, and Twelve of the
Indictment, and a term of One Hundred and Twenty (120) months as to each of Counts Sixteen and
Eighteen of the Indictment, all to operate to run concurrently with one another, for a total term of
imprisonment of One Hundred and Fifty (150) months.

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 258
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 4 of 8
Defendant: Divine-Seven El
Case Number: 22-CR-169-4

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, Two, Six, Twelve, Sixteen, and Eighteen 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 defendant shall submit to
one drug test within 15 days of release and two periodic tests within one year from the
commencement of supervision.
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 258
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 5 of 8
Defendant: Divine-Seven El
Case Number: 22-CR-169-4
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.

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 258
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 6 of 8
Defendant: Divine-Seven El
Case Number: 22-CR-169-4

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: $600.00 Waived $1,689,652.21

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, Letez Osiris Bey,
Court and Minister Zakar Ali
First Horizon Bank Joint and several with Aziz
Address to be provided to the Clerk of $179,852.00 Hassan Bey, Letez Osiris Bey,
Court and Minister Zakar Ali

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 6 of 8 Document 258
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 7 of 8
Defendant: Divine-Seven El
Case Number: 22-CR-169-4
Capital Plus Financial Joint and several with Aziz
2247 Central Drive $60,909.00 Hassan Bey, Letez Osiris Bey,
Bedford, TX 76021 and Minister Zakar Ali
Kabbage Inc.
Joint and several with Aziz
925 B Peachtree Street NE
$38,520.00 Hassan Bey, Letez Osiris Bey,
Suite 383
and Minister Zakar Ali
Atlanta, GA 30309
PNC Bank
Joint and several with Aziz
PT-PTWR-18-1
$198,287.34 Hassan Bey and Minister
300 Fifth Avenue, 18th Floor
Zakar Ali
Pittsburgh, PA 15222
Bridgecrest Joint and several with Aziz
1720 W. Rio Salado Parkway $134,338.54 Hassan Bey and Minister
Tempe, AZ 85289 Zakar Ali
Honda Financial Services Joint and several with Aziz
P.O. Box 7829 $19,514.42 Hassan Bey and Minister
Philadelphia, PA 19101-7829 Zakar Ali
Afni
Attn: Afni DP Accounts Joint and several with Aziz
Reference #04668989-02 $14,648.01 Hassan Bey and Minister
P.O. Box 3427 Zakar Ali
Bloomington, IL 61702
U.S. Bank
Joint and several with Aziz
Attn: Chris Taulbee HO-OH-CBAS
$47,753.10 Hassan Bey and Minister
5065 Wooster Road
Zakar Ali
Cincinatti, OH 45226
Capital One
Joint and several with Aziz
Specialty Investigations
$55,867.08 Hassan Bey and Minister
PO Box 85081
Zakar Ali
Richmond, VA 23285-5081
NCB Management Services Inc.
Joint and several with Aziz
Attn: Loan Servicing
$14,162.62 Hassan Bey and Minister
PO Box 1099
Zakar Ali
Langhorne, PA 19047

Case 2:22-cr-00169-JPS Filed 02/02/24 Page 7 of 8 Document 258
AO 245B (Rev.06/05) Sheet 6 – Schedule of Payments Judgment Page 8 of 8
Defendant: Divine-Seven El
Case Number: 22-CR-169-4

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 258

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