Judgment — United States v. Joe Nicholas Catala, Northern District of Florida (Document 116)

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The judgment in a criminal case for defendant Joe Nicholas Catala, Case Number 4:21CR00036-001, in the U.S. District Court for the Northern District of Florida, imposed 3/3/2022 and filed March 10, 2022 as Document 116, signed by United States District Judge Allen Winsor. Catala pleaded guilty to counts 1, 2, 6, 10, 16 and 19, including bank fraud under 18 U.S.C. §§ 1344 and 2, passing a Treasury check bearing a forged endorsement under 18 U.S.C. § 510(a)(2), and aggravated identity theft; the other counts are dismissed. The sentence is twelve (12) months on Counts 1, 2, 6, 10, and 16 concurrent plus twenty-four (24) months consecutive on Count 19, for a total term of thirty-six (36) months, followed by five (5) years of supervised release. The judgment orders restitution of $7,373.97, an assessment of $600.00 and forfeiture of listed property.

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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet |

UNITED STATES DISTRICT COURT

Northern District of Florida

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
Vv. )
JOE NICHOLAS CATALA Case Number: 4:21CR00036-001
USM Number: 59647-509
) Jeff T. Gorman (Retained)
) Defendant’s Attorney
THE DEFENDANT:
M pleaded guilty to count(s) 1, 2,6, 10, 16, 19
L pleaded nolo contendere to count(s)
which was accepted by the court.
CL 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. §§ 1343, 1344, Conspiracy to Commit Bank and Wire Fraud 05/02/2020 1
and 1349
18 U.S.C. §§ 1344 and 2 Bank Fraud, Aiding and Abetting 05/26/2019 2
The defendant is sentenced as provided in pages 2 through 9 of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
L] The defendant has been found not guilty on count(s)
M Count(s) 4-5, 7-9, 11-14, 17-18 CL is {are dismissed on the motion of the United States.

_. Itis 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.

3/3/2022

Date of Imposition of Judgment

s/ Allen Winsor

Signature of Judge

Allen Winsor, United States District Judge

Name and Title of Judge

3/10/2022

Date
AO 245B (Rev. 09/19) | Judgment in a Criminal Case

Sheet 1A

Judgment—Page

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

Title & Section
18 U.S.C. §§ 1344 and 2

18 U.S.C. §§ 1344 and 2
18 U.S.C. § 510(a)(2)

18 U.S.C. §§ 1028A(a)(1)
and 2

ADDITIONAL COUNTS OF CONVICTION

Nature of Offense Offense Ended
Bank Fraud, Aiding and Abetting 04/15/2020
Bank Fraud, Aiding and Abetting 05/01/2020
Pass or Utter a Treasury Check Bearing False or 05/04/2020

Forged Endorsement

Aggravated Identity Theft 05/04/2020

of

Count

10

16

19
Case 4:21-cr-00036-AW-MAF Document116- Filed 03/10/22 Page3of9

AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 3 of 9

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of:
twelve (12) months on each of Counts 1, 2, 6, 10, and 16, all counts to run concurrent with each other, and twenty-four (24)
months on Count 19, this term to run consecutive to the terms imposed on all other counts, for a total term of thirty-six (36)
months imprisonment.

Wi The court makes the following recommendations to the Bureau of Prisons:
that the defendant be designated to an institution near Port St. Lucie, Florida.

Wi The defendant is remanded to the custody of the United States Marshal.

(1 The defendant shall surrender to the United States Marshal for this district:
O at [lam 0 pm. on
C1 as notified by the United States Marshal.

L] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

C1 before 2 p.m. on

C1 as notified by the United States Marshal.

L] as notified by the Probation or Pretrial Services Office.

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 UNITED STATES MARSHAL
Case 4:21-cr-00036-AW-MAF Document116- Filed 03/10/22 Page4of9

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment—Page 4 of 9

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of:

five (5) years on Counts 1, 2, 6, 10, three (3) years on Count 16, and one (1) year on Count 19, all terms to run concurrent
with each other for a total term of five (5) years.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.
. 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 release from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
L] The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)
4. Wf You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
5. M You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

L] 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)

7. CL] You must participate in an approved program for domestic violence. (check if applicable)

NR

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.
Case 4:21-cr-00036-AW-MAF Document116- Filed 03/10/22 Page5of9

AO 245B (Rev. 09/19) | Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment—Page 5 of 9

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, 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 your
release from imprisonment, 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. Ifyou 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. Ifthe 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 USS. 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
AO 245B (Rev. 09/19) | Judgment in a Criminal Case
Sheet 3B — Supervised Release

Judgment—Page 6 of 9

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

ADDITIONAL SUPERVISED RELEASE TERMS
1. The defendant must submit to testing to determine whether he is using drugs or alcohol.
2. The defendant must successfully participate in substance abuse treatment consisting of an initial evaluation by a
probation officer or outside provider and any further appropriate treatment. The treatment may include cognitive behavioral
therapy.

3. The defendant must provide the probation officer all requested financial information, both business and personal.

4. The defendant must provide the probation officer with access to all requested financial information and report the source
and amount of personal and/or business income and financial assets to the supervising probation officer as directed.

5. The defendant must not transfer or dispose of any asset, or interest in any asset, without the prior approval of the
supervising probation officer unless he has satisfied all financial obligations.

6. The defendant must cooperate with the Internal Revenue Service and file all required income tax documentation.

7. The defendant must not incur new credit charges or open additional lines of credit without the approval of the probation
officer unless he has satisfied all financial obligations.

8. The defendant must make monthly payments in the amount of not less than $150 per month towards any unpaid
restitution, fines, and/or assessments. Payments shall begin within 60 days of your release from imprisonment (or within 60
days of imposition of this sentence). The defendant must notify the United States Attorney’s Office if there are any changes
in his financial situation which significantly impacts his ability to pay restitution.

9. As directed by the probation officer, the defendant must enroll in the probation office’s Computer and Internet Monitoring
Program (CIMP) and must abide by the requirements of the CIMP program and the Acceptable Use Contract.

10. The defendant is prohibited from any direct or indirect contact with any of the victims or co-defendants.
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page T of 9

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

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 $ 600.00 $ 7,373.97 $ $ $
L]_ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.
W\ 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 pro ortioned 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
A. Harrell $1,200.00

Bank of Hawaii

ATTN: Legal and Custody Dept #0395 $1,535.00
130 Merchant Street

Honolulu, HI 96813

Austin Telco Federal Credit Union
8929 Shoal Creek Blvd., Austin, TX 78757 $800.00

UMB, N.A.

Attn: Judicial Compliance Department $250.00
1010 Grand Blvd.

Kansas City, MO 64106

TOTALS $ 0.00 $ 7,373.97

Restitution amount ordered pursuant to plea agreement $

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).

¥1 The court determined that the defendant does not have the ability to pay interest and it is ordered that:
M1 the interest requirement is waived forthe [ fine M_ restitution.

(1 the interest requirement forthe 1 fine (1 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.
AO 245B (Rev. 09/19) | Judgment in a Criminal Case
Sheet 5B — Criminal Monetary Penalties

Judgment—Page 8 of 9

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

ADDITIONAL RESTITUTION PAYEES

Priority or

Name of Payee Total Loss* Restitution Ordered Percentage
Innovations Federal Credit Union $500.00

910 Thomas Drive
Panama City Beach, FL 32408
$500.00
GBC International Bank
5670 Wilshire Blvd. Suite 1780
Los Angeles, CA 90038

The Golden One Credit Union $550.00
8945 Cal Center Drive
Sacramento, CA 95826

Pacific Premier Bank $32.20
17901 Von Karman Avenue, Suite 1200
Irvine, CA 92614

First Republic Bank

Attn: Subpoena Processing $253.47
388 Market Street 3rd Floor

San Francisco, CA 94111

BB&T
200 W. 2nd. Street
Winston Salem, NC 27101

$1,753.30

* 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.
Case 4:21-cr-00036-AW-MAF Document116- Filed 03/10/22 Page9of9

AO 245B (Rev. 09/19) | Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 9 of 9

DEFENDANT: JOE NICHOLAS CATALA
CASE NUMBER: 4:21CR00036-001

SCHEDULE OF PAYMENTS

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

A @M_ Lumpsum payment of $ 7,973.97 due immediately, balance due

C1 snot later than , or
LJ inaccordance with [] C, [J D, (J E,or LI F below; or

B- (1 Payment to begin immediately (may be combined with LIC, [L1D,or (CF below); or
C (1 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 (C) 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 [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:

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.

V] Joint and Several

Case Number

Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
4:21cr36-002 Nicolas Carl Ramirez $500.00 $500.00

4:21cr36-003 Clonet Junior Charmant $2,838.97 $2,838.97

L] The defendant shall pay the cost of prosecution.
L] The defendant shall pay the following court cost(s):

V1 The defendant shall forfeit the defendant’s interest in the following property to the United States:
A. iPhone 7 (S/N: F72C38G6HG6W); B. an Xbox One gaming system; C. a Verizon Motorola cell phone; D. a bag of credit cards;
E. $1,800 in U.S. currency; and F. a Samsung smartphone

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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