Judgment — United States v. Kervens Saint-Hilaire, Southern District of Florida (Document 114)

Summary

A judgment in a criminal case against Kervens Saint-Hilaire, Case Number 0:23-CR-60119-AHS(2), 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 114. The defendant pleaded guilty to counts 1 and 16 of the Indictment, conspiracy to commit bank fraud and wire fraud and aggravated identity theft. The sentence is 65 months in prison, 41 months on count 1 and 24 months on count 16 consecutive, followed by three years of supervised release barring association with co-defendants Patrick Ductant and Terri Shana Davis. It orders restitution of $3,097,825.00, joint and several with co-defendants including Vladimir Saint-Hilaire, a $200.00 special assessment and forfeiture consistent with the plea agreement.

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“Judgment — United States v. Kervens Saint-Hilaire, Southern District of Florida (Document 114).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-ductant-et-al-dkt-114-s-d-fla-d2214b5b3d/, SHA-256 fa4bf7756c8ac81edf3680a6fef20fe4005ecfe111f4e65f1c86813d565276c9.

Full text

Case 0:23-cr-60119-AHS Document 114 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(2)
KERVENS SAINT-HILAIRE § USM Number: 07921-506
§
§ Counsel for Defendant: Sheldon Lee Zipkin
§ Counsel for United States: David A. Snider

THE DEFENDANT:
IZI pleaded guilty to counts 1 and 16 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 ofnot 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 05/31/2021 1
18: 1028A.F.Aggravated Identity Theft 05/31/2021 16

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)
!ZI Remaining counts 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 of Imposition of Judgment

~~
RAAG SINGHAL
UNITED STATES DISTRICT JUDGE
Name and Title of Judge

April 30, 2024
Date
Case 0:23-cr-60119-AHS Document 114 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 of 7

DEFENDANT: KERVENS SAINT-HILAIRE
CASE NUMBER: 0:23-CR-60119-AHS(2)

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 65
months. This term consists of 41 months as to count 1 and 24 months as to count 16. The term imposed in count 16 shall run
consecutive to the term imposed in count 1.

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

IZI 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. □ p.m. on

D as notified by the United States Marshal.

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

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 o n ~ - - - - - - - ~ ~ ~ - · to

UNITED STATES MARSHAL

By
DEPUTY UNITED STATES MARSHAL
Case 0:23-cr-60119-AHS Document 114 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: KERVENS SAINT-HILAIRE
CASE NUMBER: 0:23-CR-60119-AHS(2)

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 16. All terms to run concurrent.

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 release
from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
D 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. D 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. IZI You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. D 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. D 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 114 Entered on FLSD Docket 04/30/2024 Page 4 of 7
A,O 245B (Rev. FLSD 2/20) Judgmeni in a Criminal Case Judgment -- Page 4 of 7

DEFENDANT: • KERVENS SAINT-HILAIRE
· CASENUMBER: 0:23-CR-60119-AHS(2)

.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 9fficers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

in
:LYmi must report to the probation office the federaFjudicial 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 qifferent tinie _
frame. -
2. After initialiy reporting to the probation office, you will receive instructions from'the court or the probation officer about how and
whe_n you must report.to the probation officer, and you rriustreport to thtfprobation.officer as instructed. . _
3. You.must not knowingly leave the federal judicial djstrict where _you are authorized to reside witho~t first getting permission from
the court or 11).e probation officer. • _ •
4. Yqu must answer tiuthfµlly 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 yourJiving
• 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 yoµ at any"time at your home or elsewhere, and you must permit the probation officer
to take any items 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 ym1 from
doing so. Ifyo~ do :Uothave full.:time employment you musttry 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 you,r job
- responsibilities),.yo~ must notify the probation officer at least 10 days before the change. If notifying the prooation officerat least 10
days·m 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. Y_ou.must not communicate or interact with ·someone you know is~ engaged in criminal activity'. If you know someone has been
convicted ofa felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.. ••
.-9.Ifyou are.arreste_d or;questiohed by a law' enforcement officer, you must n9tify 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, ihe specific purpose of causing bodily injury or death to another person such as nunchakus or
tasers). . • . - _ _ • • • .
11. You must not act or make _any agr~ement 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 ~o{m and has provided me with a written copy ofthis
judgment containing these conditions. I understand additional information regarding these conditions is available at
www.flsp.uscourt~.gov.

Defendant's Signature • Date
----~--------------
Case 0:23-cr-60119-AHS Document 114 Entered on FLSD Docket 04/30/2024 Page 5 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 5 of 7

DEFENDANT: KERVENS SAINT-HILAIRE
CASE NUMBER: 0:23-CR-60119-AHS(2)

SPECIAL CONDITIONS OF SUPERVISION

Association Restriction: The defendant is prohibited from associating with his co-defendants Patrick Ductant
and Terri Shana Davis, while on supervised release.

Financial Disclosure Requirement: The defendant shall provide complete access to financial information,
including disclosure of all business and personal finances, to the U.S. Probation Officer.

No New Debt Restriction: The defendant shall not apply for, solicit or incur any further debt, included but not
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or through
any corporate entity, without first obtaining permission from the United States Probation Officer.

Permissible Search: The defendant shall submit to a search of his/her person or property conducted in a
reasonable manner and at a reasonable time by the U.S. Probation Officer.

Related Concern Restriction: The defendant shall not own, operate, act as a consultant, be employed in, or
participate in any manner, in any related concern during the period of supervision.

Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution, fines,
, or special assessments, the defendant shall notify the probation officer of any material change in the defendant's
economic circumstances that might affect the defendant's ability to pay.
Case 0:23-cr-60119-AHS Document 114 Entered on FLSD Docket 04/30/2024 Page 6 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case . Judgment -- Page 6 of7

. DEFENDANT: KERVENS SAINT-HILAIRE -
CASE NUMBER: 0:23-CR-60119-AHS(2)

CRIMINAL MONETARY PENALTIES
The defendant must a the total criminal moneta enalties under the schedule of a
Assessment Fine JVTA Assessnrent**
TOTALS $200.00 $.00

□ . The determination ofrestituti<,mis deferred until An A.mended Judgment in a Criminal Case (A0245C) will be enter~d
after such determination. • _
□ The defendant must make restitution (including community restitution)to the following payees in the amount listed below.

• lfthe defendaritmakes a partial payment; each payee shall receive an approximately proportioned p!iyinent. However, pursuant to 18 U.S.C. · •
§ 3664(i), all nonfederal victims must be paid before the United States is J)aid.

□ Restitution .amount ordered pursuant to plea agreement $
. .

0 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 ofthejudgment, pursuant to 18 U.S.C. § 3612(±). AB of the payment options on the schedule of
payments page may be subject to penalties for delinqt1ency and default, pursuant to 18 U.s:c.- § 3612(g).
□ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
.D the interest requirement •is waived for the D fine D restitution
□ the interest requirement for the □ fine D .restitution is modified as follows:

Restitution with Imprisonm~rit - It is further ordered that the defewlant sh~ll pay restitution in the amount of $3,097,825.00. During
•. the period of incarceration, payment shall be made as follows: ( 1) if the defendant earns wages in a Federal Prisori Industries
. (UNICOR) job, then the-defendant must pay 50% of wages earned toward the financial obligations impqsed by this Judgment in a
Criminal Ca~e; (2) if the-defendant does not work in a UNICOR job, then the defendant must pay a minimum of $25.00 per quarter
toward the· financial obligations imposed in this order. Upon release of incarceration, the defendant shalJ pay restitution at the rate of
l 0% 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. Prqbation Office and U.S. Attorney's Office-shall monitor the payment ofrestitutionand reportto the court •
• any material change in the defendant's ability to pay. These payments do not preclude the govermilent from using other assets or·
. incqme ofthe 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 of Trafficking Act of2015,. 18 U.S.C. §3014.
*** Findings for.the total amount of losses are required under.Chapters 109A, 110, 1 l0A; and 113A of Title 18 for offenses committed on or after
September B, 1994, but before April 23, 1996.
Case 0:23-cr-60119-AHS Document 114 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: KERVENS SAINT-HILAIRE
CASE NUMBER: 0:23-CR-60119-AHS(2)

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 16 , 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 MIAMI 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'
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.

D Joint and Several
Kervens Saint-Hilaire and Co-Defendants Patrick Ductant , Vladimir Saint-Hilaire, and Terri Shana Davis, Total amount:
$3,097,825.00, 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 defendant's right, title and interest in certain property is her~by 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: (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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