Judgment in a Criminal Case — United States v. Patrick Ductant, Southern District of Florida (Document 112)

Summary

A judgment in a criminal case against Patrick Ductant, Case Number 0:23-CR-60119-AHS(l), in the U.S. District Court for the Southern District of Florida, imposed April 30, 2024 by United States District Judge Raag Singhal and entered on the docket the same day as Document 112. The defendant pleaded guilty to counts 1 and 19 of the Indictment, conspiracy to commit bank fraud and wire fraud and aggravated identity theft. The sentence is 60 months in prison, 36 months on count 1 and 24 months on count 19 consecutive, followed by three years of supervised release. It orders restitution of $3,097,825.00, joint and several with co-defendants Kervens Saint-Hilaire, Vladimir Saint-Hilaire and Terri Shana Davis, a $200.00 special assessment and forfeiture consistent with the plea agreement.

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“Judgment in a Criminal Case — United States v. Patrick Ductant, Southern District of Florida (Document 112).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-ductant-et-al-dkt-112-s-d-fla-1dfd395fd7/, SHA-256 8bc90c5299356e4801e71869a90c7c5e83b1179942b28f4fd5e6e628c49ccaed.

Full text

Case 0:23-cr-60119-AHS Document 112 Entered on FLSD Docket 04/30/2024 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
v. §
§ Case Number: 0:23-CR-60119-AHS(l)
PATRICKDUCTANT § USM Number: 81334-004
§
§ Counsel for Defendant: David Stuart Seltzer
§ Counsel for United States: David A. Snider

THE DEFENDANT:
IZI pleaded guilty to counts 1 and 19 of the Indictment
pleaded guilty to count(s) before a U.S. Magistrate
□
Judge, which was accepted by the court.
pleaded nolo contendere to count(s) which was
□
accepted by the court
□ 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
18:1349.F.Conspiracy To Commit Bank Fraud and Wire Fraud 04/30/2024 1
18: 1028A.F .Aggravated Identity Theft 04/30/2024 19

The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.

D The defendant has been found not guilty on count(s)
IZI Remaining counts 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.

April 30, 2024
Date oflmposition of Judgment__

RAAG SINGHAL
UNITED STATES DISTRICT JUDGE
Name and Title of Judge

April 30, 2024
Date
Case 0:23-cr-60119-AHS Document 112 Entered on FLSD Docket 04/30/2024 Page 2 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 2 of7

DEFENDANT: PATRICK DUCTANT
CASE NUMBER: 0:23-CR-60119-AHS(l)

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 60
months. This term consists of 36 months as to count 1 and 24 months as to count 19. The term imposed in count 19 shall run
consecutive to the term imposed in count 1.

IZl The court makes the following recommendations to the Bureau of Prisons:
Defendant be designated to a facility as close to South Florida as possible.

D The defendant is remanded to the custody of the United States Marshal.
D The defendant shall surrender to the United States Marshal for this district:

D at D a.m. D p.m. on

D as notified by the United States Marshal.

IZl • The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons or the United
States Marshal for this district by 12:00 p.m. on 07/02//2024.

D before 2 p.m. on
D as notified by the United States Marshal.
D as notified by the Probation or Pretrial Services Office.

RETURN
I have executed this judgment as follows:

Defendant delivered on _ _ _ _ _ _ _ _ _ _ _ to

• • with a certified copy of this judgment.

UNITED STATES MARSHAL

By
DEPUTY UNITED STATES MARSHAL
Case 0:23-cr-60119-AHS Document 112 Entered on FLSD Docket 04/30/2024 Page 3 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 3 of 7

DEFENDANT: PATRICK DUCTANT
CASE NUMBER: 0:23-CR-60119-AHS(l)

SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of three (3) years. This term consists of 3
years as to count 1 and 1 year as to count 19. All terms to run concurrent to each other.

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 sublllit to one drug test within 15 days of release
from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
O 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. O You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence
ofrestitution. (check if applicable)
5. IZJ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. O 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 which
you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. O You must participate in an approved program for domestic violence. (check if applicable)

You must comply with the standard conditions that have been adopted by this court as well as with any additional
conditions on the attached page.
Case 0:23-cr-60119-AHS Document 112 Entered on FLSD Docket 04/30/2024 Page 4 of 7
a
AO 245B {Rev. FLSD 2/20) Judgment in Criminal Case Judgment -- Page 4 of7

DEFENDANT: PATRICK DUCTANT ·
CASE- NUMBER: - •0:23-CR-60119-AHS(l)

STANDARD -~ONDITIONS OF ·SUPERVISION

• As part of.your supervised release, you must comply-with the following standard conditions of supervision: These conditions are
-.imposed because they est~blish the basic expectations for your behavior while on supervision and identify tlie. minimum tools needed
by probation officers to keep informed, report to the court abqut, and bring about improvements in your conduct and conditiqn.

1. Y mi must report to _the probation office in the federal ju'dicial district where you are authorized fo _reside withiri 72 hours of your
release from impriso11m_ent, unless the. probation officer ins1:i-ucts -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 t~e court· or the probation officer about how and
_when you must report.to the-probation officer, and yo11; must rep.ort to the probation officer as instructed. •
3, You must notkriowingly leave the federal judicial district where you are authorized to reside without first getting permission from
-• the.court or the:probation officer:· _ •
4. Y 01i.must answer ·truthfully the qu·estions asked by your probation officer.
5. You must li\'.e at a plac.e 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
tqe probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours ofbecoming aware of a change or expected change. • • •
6. You must allow the probation officer t_o visit you at any time at your home or elsewhere, and you must permit the probatioff officer
to take any item~ prohibited by the conditions ofyour 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 fiµd fuil-time employment, unless the probation officer .excuses
you from doing so. lfyou planto change whereyo·u work or anything about your work (such as your position or your job .
·-responsibilities), you must.notify the probation officer at leas( 10 days beforethe change. ff notifying the probation officer at least TO
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 pfficer. . •
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 hav_e access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that
was designed, or was mod{fied for,_the specific purpose of causing bodily injury or death to another_.persoirsuch·as nunchakus or
tasers). . . _ .
11. Yo_urri.ust not act or make any agreement with a law enforcement agency to act a~ 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
tq
requ4"e you notify the persori about the risk and you must comply with that instruction. The prooation officer may contact the
- person and confirm that you have notified the person about the risk. .· • .
13. You must follow the instru<::tions of the probation officer related to the conditions of supervision. _

• U.S. Probation Office Use Only
• . .

a
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with written copy of this
judgment contamirig these conditions. I understand additional information regarding these conditions is available at
www.flsp.uscourts.gov.

Defendant's Signature bate·
-----------
Case 0:23-cr-60119-AHS Document 112 Entered on FLSD Docket 04/30/2024 Page 5 of 7
AO 245B (Rev.}'LSD 2/20) Judgment,in a Criminal Case · Judgment-- Page 5 of7
. .
• DEFENDANT:. ·PATRICKbUCTANT
· CASE.NUMBER: · 0:23-CR-60119-AHS(l)

SPECIAL CONDITIONS OF SUPERVISION
'
Association. Restriction: The defendant is prohibited from .asso<::iating -with his'. co-defendants •while ori
•supervised release .

• • Financial Disdosure Requirement:· The defendant shall provide complete access to •financial_ information,.
including disclosure of all business and personal fina~ces, to the U.S:.Probation Officer.

No NewDebt Restriction: The defendan~ shall not apply for, ·solicit, or incur any further debt, included but not
limit~d to loans, 'lines of credit or credit card charges, either as a prindpal or cosigner, as ari individual or through
arty corporate entity, without first obtaining permission from the United States Probation Officer.

. '. Permissible' Search: ·The c;lefendant shall submit to a search ~f his/her person or property conducted in a
. ,reasonable manner and ~ta reasonable fimeby the U.S. Probation Offi_cer: •

. Related Concern Restriction: The defendant shall not ·own;· operate, act. as a constilra,nt, be employed in, or.
. -participate in any·matmer, in any related concern.during the.period
• . .
of supervision;.
. .
•

.•u npai,l Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution, fines~
or s~ecial assessments, the defendant shall notify the probation officer of any materi_al change in the d~fendant's
economic circumstances that might affectthe defe~dant's ability to pay.
Case 0:23-cr-60119-AHS Document 112 Entered on FLSD Docket 04/30/2024 Page 6 of 7
AO 245B (Rev. FLSD2/20) Judgmept in a Crimina!Case Judgme_nt -- Page 6 of 7 •

DEFENDANT: PATRICK DUCTANT
CASE NUMBER:-_- 0:23:.CR~60119-AHS(l) .

• CRIMINAL MONETARY .PENALTIES
. -

The defendant must a the total criminal mone •
-Assessment Fine AVAA Assessment* . JVTA Assessment**
TOTA.LS $200.00 $.00

D ·The detenriirlation ofrestitution is deferred unt1l An Amended Judgment in a Criminal Case (A0245C) will be entered
after such determination. . . _
-□ The defendant must make restitution (inchid~g community restitution)to the following payees in the amount listed below.

Ifthe defendant makes a partial payment, each pay~e shall receive p.n.approximately proportidned payment. However, pursuant to 18:U .S.C.
§ 3664~i); all nonfederal victims must be paid-before the United States is paid. • • • - • -

-•Restitution amount ord~red pursuant ~o plea: agreement $ • _ .
The defendant ~ust"pay interest on restitution and a fine of m~re than $2,500, unless the restitution or fuie is paid iri full before .
the fifteenth day afterthe date of the judgment, pursuant to 18 U.~.c.:§ 36i2(f). All ofthe payment options on the schedule.of
payments page may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
tJ The c-ourt determined th_at the defendant does not have the alJility to pay· interest .and it is ordered that:
. [1 tlie_interest requirement is waived for the _ O fine O restitution
D the interest requirement for the O •fine □ restitution is modified as follows:

__-R,e~titution with-Imprisonment - Ifis further orde_red that the de(endant shall pay restitution in the amount of $3,097,825:oo. During
- the period of incarceration, payment shall be made as follows: (1 ). if the ~defendant earns wages in a F ederal,Prison Industries
(UNICOR) job, then th_e defendant must pay 50% of wages earned toward the financial obligations imposed by this Judgment in a •
a
Criminal Case; (2) if the defendant does not workin UN1CORjob, then the defendant must pay a minimum of$25.00 per quarter
toward the financial obligations imposed in this order .. Upon rel.ease of incarceration, the defendant shall pay restitution at the rate of
10% of monthly gross earnings, until such time as the court may alter that payment schedule in the interests of justice. The U.S. •
Bureau of Prisons, U.S. Probation Office arid U.S. Attorney's Office shall monitor thep_ayment ofrestitution and report to the court
any material.change in the defendant's al;ility to pay. These payments. do not preclude the government from using other assets .or -
-income of the defendant to.satisfy the restitution obligations. • • • -

* Amy;. Vicky,and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. §2259.
_ ** Justice for Victims ofTtafficking Act of2015,.18 U.S.t. §3014. _
*** Findings for the _total amount of losses are required under Chapters_ 109A, 110, 11 OA, and 113A of Title 18 for' offenses committed on or after
. September 13,, f994, but before April 23, 1996. • • - •
. ~ -
Case 0:23-cr-60119-AHS Document 112 Entered on FLSD Docket 04/30/2024 Page 7 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 7 of 7

DEFENDANT: PATRICK DUCTANT
CASE NUMBER: 0:23-CR-60119-AHS(l)

SCHEDULE OF PAYMENTS.
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:

A !ZI . Lump sum payments of$200.00 due immediately, balance due
It is ordered that the Defendant shall pay to the United States a ·special assessment of $200.00 for Counts 1 and 19 , which shall
be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be addressed to:

U.S. CLERK'S OFFICE
ATTN: FINANCIAL SECTION
. 400 NORTH MIA.MI AVENUE, ROOM 8N09
MIAMI, FLORIDA 33128-7716

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during.imprisonment: All criminal monetary.penalties, except those payments made through the Federal Bureau of Prisons'
IDillate 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.

□ Joint and Several
Patrick buctant and Co-Defendants Kervens Saint-Hilaire, Vladimir Saint-Hilaire, and Terri Shana Davis, Total amount:
$3,097,825:oo, Joint and Several amount: $3,097,825.00.

IZI The defendant shall forfeit the defendant's interest in the following property to the United States:
FORFEITURE of the defendan_t's right, title and interest in certain property is hereby ordered consistent with the plea
agreement. The United States shall submit a proposed Order of Forfeiture within seven days of this proceeding.

Payments shall be applied in-the following order: (l) 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 (I 0) costs, including cost of prosecution
and court costs. •

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