Judgment in a Criminal Case — United States v. Andrew Portis, Eastern District of Wisconsin (Dkt. 768)

Summary

A Judgment in a Criminal Case in United States v. Andrew Portis, Case Number 23-CR-77-21-JPS, in the U.S. District Court for the Eastern District of Wisconsin, imposed February 14, 2025 and filed as Document 768 in Case 2:23-cr-00077-JPS. Portis pled guilty to Count One, mail fraud conspiracy under 18 U.S.C. §§ 1341, 1349, and 2(a), and Count Eighteen is dismissed. The court imposes Twenty-Four (24) months of imprisonment, concurrent with the sentences in Milwaukee County Circuit Court Cases 21CF3714 and 20CF4180, followed by Five (5) years of supervised release. It orders a $100.00 special assessment, waives the fine, and orders restitution of $109,395.00, including $28,080.00 to the Wisconsin Department of Workforce Development and $53,142.00 to the California Employment Development Department; forfeiture is none.

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Cite this document

“Judgment in a Criminal Case — United States v. Andrew Portis, Eastern District of Wisconsin (Dkt. 768).” Original at ecf.wied.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-bowman-et-al-dkt-768-29acb1fb71/, SHA-256 78d5ccd742bec082316e23ba540a7d63257469c16bd294cfb3228ed22422e299.

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: 23-CR-77-21-JPS
Marshal Number: 13544-089
ANDREW PORTIS

Aneeq Ahmad Pete Smyczek
Defendant’s Attorney Assistant United States Attorney

THE DEFENDANT:
Pled guilty to Count One of the Indictment.

Title & Section Nature of Offense Date Concluded Count

18 U.S.C. §§ 1341, 1349,
Mail Fraud Conspiracy February 2022 One
and 2(a)

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.

IT IS ORDERED that Count Eighteen of the Indictment be and the same is hereby DISMISSED.

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 14, 2025

______________________________

J. P. Stadtmueller
U.S. District Judge

Date Judgment Signed: February 14, 2025

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 1 of 7 Document 768
AO 245B (Rev.06/05) Sheet 2 – Imprisonment Judgment Page 2 of 7
Defendant: Andrew Portis
Case Number: 23-CR-77-21

IMPRISONMENT

The defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for
a total term of Twenty-Four (24) months as to Count One of the Indictment, to operate to run
concurrently with the sentences the defendant is currently serving in Milwaukee County Circuit Court
Cases 21CF3714 and 20CF4180.

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

None.

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 2:23-cr-00077-JPS Filed 02/14/25 Page 2 of 7 Document 768
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 3 of 7
Defendant: Andrew Portis
Case Number: 23-CR-77-21

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a total term
of Five (5) years as to Count One of the Indictment. 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.
5. The defendant is to participate in a program of testing to include not more than six urinalysis
screens per month together with residential or outpatient treatment for drug and/or alcohol
abuse, as approved by his supervising probation officer, until such time as he is released from
such program. The defendant shall pay the cost of this program under the direction of his
supervising probation officer. The defendant is to refrain from the excessive use of alcohol,
defined as having a blood alcohol concentration of greater than .08, throughout the supervised
release term.
6. The defendant must reside at a residence approved by his supervising probation officer.
7. The defendant shall use his best efforts to secure lawful full-time employment and support his
dependents.
8. 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.
9. The defendant shall notify his supervising probation officer within 72 hours of being arrested or
questioned by a law enforcement officer.
10. 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.
11. 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.
12. 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.
13. 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.

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 3 of 7 Document 768
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 4 of 7
Defendant: Andrew Portis
Case Number: 23-CR-77-21
14. 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.
15. 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.
The defendant shall not change exemptions claimed for either federal or state income tax
purposes without prior notice to his supervising probation officer.
16. 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.
17. 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.
18. The defendant shall participate in a Cognitive Intervention Program as may become available
under the direction of his supervising probation officer. Subject to the defendant’s ability to pay,
he shall pay the cost of such program 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 2:23-cr-00077-JPS Filed 02/14/25 Page 4 of 7 Document 768
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 5 of 7
Defendant: Andrew Portis
Case Number: 23-CR-77-21

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: $100.00 Waived $109,395.00

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. 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 payees:

PAYEE AMOUNT
Wisconsin Department of Workforce
Development $28,080.00
DWD-UI
P.O. Box 7888
Madison, WI 53707-7888

(continued on next page)

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 5 of 7 Document 768
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 6 of 7
Defendant: Andrew Portis
Case Number: 23-CR-77-21
California Employment Development
Department
EDD Legal, MIC 53 $53,142.00
Attn: FREDD
P.O. Box 826880
Sacramento, CA 94280-001
Arizona Department of Economic Security
Office of Inspector General
Attn: D. Hawkins $14,145.00
2200 N. Central Avenue, Suite 301
Mail Drop 1747
Phoenix, AZ 85004
NC Department of Commerce
Attention: Sandra Ryals
Division of Employment Security $14,028.00
700 Wade Avenue
Raleigh, NC 27605

FORFEITURE

The defendant shall forfeit the defendant’s interest in the following property to the United States:
None.

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 6 of 7 Document 768
AO 245B (Rev.06/05) Sheet 6 – Schedule of Payments Judgment Page 7 of 7
Defendant: Andrew Portis
Case Number: 23-CR-77-21

SCHEDULE OF PAYMENTS

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

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 2:23-cr-00077-JPS Filed 02/14/25 Page 7 of 7 Document 768

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