Judgment in a Criminal Case — United States v. Kelly McDermott, E.D.N.Y. (Document 68)

Summary

A judgment in a criminal case (AO 245B) for defendant Kelly McDermott, Case Number 1:23-cr-00158-002 (RPK), in the U.S. District Court for the Eastern District of New York, filed 01/29/25 as Document 68. The defendant pleaded guilty to Count 1 of the Indictment, conspiracy to defraud the United States under 18 U.S.C. § 371, with the offense ended 3/31/2022. The court sentences the defendant to 4 years of probation, including 30 days of home confinement. It orders a $100.00 assessment, a $2,000.00 fine and restitution of $37,414.40 to the United States Treasury, joint and several with Kathleen Breault and Sherilyn Pellitteri, and states that the court understands the restitution has already been satisfied by McDermott's payment. The judgment is signed /S/ by United States District Judge Rachel P. Kovner.

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“Judgment in a Criminal Case — United States v. Kelly McDermott, E.D.N.Y. (Document 68).” Original at ecf.nyed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-breault-et-al-dkt-68-e-d-n-y-157ac83e74/, SHA-256 3fb40ca85e12b5563261aba664cd137b53bc6bb4f2eb6a6bc7ebf44b27b3fd70.

Full text

Case 1:23-cr-00158-RPK Document 68 Filed 01/29/25 Page 1 of 6 PageID #: 614
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
Eastern District
__________ Districtof New York
of __________
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
KELLY MCDERMOTT )
) Case Number: 1:23-cr-00158-002 (RPK)
) USM Number: 54590-510
)
) Benjamin W. Hill
) Defendant’s Attorney
THE DEFENDANT:
✔ pleaded guilty to count(s)
G Count 1 of the Indictment
G pleaded nolo contendere to count(s)
which was accepted by the court.
G was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section ? Nature of Offense Offense Ended Count
18 U.S.C. § 371 Conspiracy to Defraud the United States. 3/31/2022 1

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
G The defendant has been found not guilty on count(s)
G Count(s) G is G are dismissed on the motion of the United States.
It is ordered that the defendant must 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. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

1/27/2025
Date of Imposition of Judgment

/S/ Rachel P. Kovner
Signature of Judge

United States District Judge Rachel P. Kovner
Name and Title of Judge

1/29/2025
Date

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Case 1:23-cr-00158-RPK Document 68 Filed 01/29/25 Page 2 of 6 PageID #: 615
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4—Probation
Judgment—Page 2 of 6
DEFENDANT: KELLY MCDERMOTT
CASE NUMBER: 1:23-cr-00158-002 (RPK)
PROBATION
You are hereby sentenced to probation for a term of:
4 years of probation.

MANDATORY CONDITIONS
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of placement on
probation and at least two periodic drug tests thereafter, as determined by the court.
✔ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
G
substance abuse. (check if applicable)
4. G You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. G You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.)
as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6. G You must participate in an approved program for domestic violence. (check if applicable)
7. G You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)
8. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
9. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
10. You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution,
fines, or special assessments.

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.

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Case 1:23-cr-00158-RPK Document 68 Filed 01/29/25 Page 3 of 6 PageID #: 616
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4A — Probation
Judgment—Page 3 of 6

DEFENDANT: KELLY MCDERMOTT
CASE NUMBER: 1:23-cr-00158-002 (RPK)

STANDARD CONDITIONS OF SUPERVISION
As part of your probation, you must comply with the following standard conditions of supervision. These conditions are imposed because
they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers
to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time
you were sentenced, unless the probation officer instructs you to report to a different probation office or within a different time frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Date

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Case 1:23-cr-00158-RPK Document 68 Filed 01/29/25 Page 4 of 6 PageID #: 617
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4B — Probation
Judgment—Page 4 of 6
DEFENDANT: KELLY MCDERMOTT
CASE NUMBER: 1:23-cr-00158-002 (RPK)

ADDITIONAL PROBATION TERMS
1. Upon request, the defendant shall provide the U.S. Probation Office with full disclosure of their financial records,
including co-mingled income, expenses, assets, and liabilities, to include yearly income tax returns. With the exception of
the financial accounts reported and noted within the presentence report, the defendant is prohibited from maintaining
and/or opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or
business purposes, without the knowledge and approval of the U.S. Probation Office. The defendant shall cooperate with
the Probation Officer in the investigation of their financial dealings and shall provide truthful monthly statements of their
income and expenses. The defendant shall cooperate in the signing of any necessary authorization to release information
forms permitting the U.S. Probation Office access to your financial information and records.

2. The defendant shall cooperate with the U.S. Probation Office in the investigation and approval of any position of
self-employment, including any independent, entrepreneurial, or freelance employment or business activity. If approved for
self-employment, the defendant shall provide the U.S. Probation Office with full disclosure of their self-employment and
other business records, including, but not limited to, all of the records identified in the Probation Form 48F (Request for
Self-Employment Records), or as otherwise requested by the U.S. Probation Office.

3. The defendant shall be placed on home confinement as specified by the U.S. Probation Department for 30 days.

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Case 1:23-cr-00158-RPK Document 68 Filed 01/29/25 Page 5 of 6 PageID #: 618
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
Judgment — Page 5 of 6
DEFENDANT: KELLY MCDERMOTT
CASE NUMBER: 1:23-cr-00158-002 (RPK)
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ 37,414.40 $ 2,000.00 $ $

G The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.

G The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
United States Treasury $37,414.40 $37,414.40

TOTALS $ 37,414.40 $ 37,414.40

G Restitution amount ordered pursuant to plea agreement $

G The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

G The court determined that the defendant does not have the ability to pay interest and it is ordered that:

G the interest requirement is waived for the G fine G restitution.
G the interest requirement for the G fine G restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.

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Case 1:23-cr-00158-RPK Document 68 Filed 01/29/25 Page 6 of 6 PageID #: 619
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 6 of 6
DEFENDANT: KELLY MCDERMOTT
CASE NUMBER: 1:23-cr-00158-002 (RPK)

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A ✔ Lump sum payment of $ 37,514.40
G due immediately, balance due

G not later than , or
✔
G in accordance with G C, G D, G E, or ✔ F below; or
G
B G Payment to begin immediately (may be combined with G C, G D, or G F below); or
C G Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D G Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or

E G Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F ✔ Special instructions regarding the payment of criminal monetary penalties:
G
The Court understands that the restitution obligation has already been satisfied by McDermott's payment.

The special assessment and the fine are payable to the Clerk's Office.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

G
✔ Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
23-cr-00158 (RPK) - Kathleen Breault
37,414.40 37,414.40
23-cr-00113 (RPK) - Sherilyn Pellitteri

G The defendant shall pay the cost of prosecution.
G The defendant shall pay the following court cost(s):
G The defendant shall forfeit the defendant’s interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.

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