Judgment in a Criminal Case — United States v. Whitney Adwan Mack, Southern District of Georgia (Document 72)

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A Judgment in a Criminal Case in United States of America v. Whitney Adwan Mack, Case Number 1:20CR00104-1, in the U.S. District Court for the Southern District of Georgia, Augusta Division, filed January 19, 2022 with the signature block naming United States District Judge Dudley H. Bowen, Jr., as Document 72. The defendant pleaded guilty to Count 3, wire fraud under 18 U.S.C. § 1343, and the remaining counts are dismissed on the motion of the United States. The court imposes 48 months of imprisonment followed by 3 years of supervised release, with special conditions including a curfew from 10:00 p.m. until 6:00 a.m. The judgment orders restitution of $150,000 to the U.S. Small Business Administration, a fine of $5,000 and a $100 assessment, and orders forfeiture of proceeds traceable to the offense.

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“Judgment in a Criminal Case — United States v. Whitney Adwan Mack, Southern District of Georgia (Document 72).” Original at ecf.gasd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-mack-dkt-72-3d83cbd85c/, SHA-256 811f7f9d3e5b61cc11dce36a73d65c509f7a7de3578c35c72f56858993113f40.

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Case 1:20-cr-00104-DHB-BKE Document 72 Filed 01/19/22 Page 1 of 7
u.s.r' - : .
GAS 245B (Rev. 06/21) Judgment in a Criminal Case
DC Custody TSR

/O/Z ja:i is a 10^ us
United States District Court
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V.

Whitney Adwan Mack
Case Number: :20CR00104-1

USM Number: 30632-509

Jacque D. Hawk
THE DEFENDANT: Defendant's Attorney

K pleaded guilty to Count 3.
D 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 this offense:

Title & Section Nature of Offense Offense Ended Count

18U.S.C. § 1343 Wire fraud July 12,2020

The defendant is sentenced as provided in pages 2 through 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)
El Counts 1. 2.4. 5. and 6 are dismissed as to this defendant on the motion of the United States.

It is ordered that the defendant must notify the United Slates 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.

January 12. 2022
Date of Imposition of Judgment

Signature of Judge

Dudley H. Bowen, Jr.
Unij^d States District Judge
N^e Ld Title of Judge
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DEFENDANT: Whitney Adwan Mack
CASE NUMBER: 1:20CR00104-1

IMPRISONMENT

The defendant is hereby committed to the custody ofthe Federal Bureau of Prisons to be imprisoned for a total
term of: 48 months.

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

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

□ The defendant shall surrender to the United States Marshal for this district:

□ at □ a.m. □ p.m. on

□ as notified by the United States Marshal.

□ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
□ before 2 p.m. on
□ as notified by the United States Marshal.

□ 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
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DEFENDANT: Whitney Adwan Mack
CASE NUMBER; 1:20CR00104-1

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of: 3 years.

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.
□ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
substance abuse. (Check, ifapplicable.)
^ lEI You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663 A or any other statute authorizing a sentence of
restitution. (Check, ifapplicable.)
5. lEI You must cooperate in the collection of DNA as directed by the probation officer. (Check, ifapplicable.)
6. □ 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, ifapplicable.)
7. □ You must participate in an approved program for domestic violence, (Check, ifapplicable.)

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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DEFENDANT: Whitney Adwan Mack
CASE NUMBER: 1:20CR00104-1

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 ofa 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 ofthe 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 a 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 permission from 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 that person about the risk.
13. You must follow the instructions ofthe 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 provide me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview ofProbation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Date
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DEFENDANT: Whitney Adwan Mack
CASE NUMBER: 1:20CR00104-1

SPECIAL CONDITIONS OF SUPERVISION

1. You must submit to substance abuse testing to determine if you have used a prohibited substance. You must not
attempt to obstruct or tamper with the testing methods.

2. You must provide the probation officer with access to any requested financial information and authorize the release of
any financial information. The probation office may share financial information with the U.S. Attorney's Office.

3. You must not incur new credit charges, or open additional lines of credit without the approval ofthe probation officer.

4. You shall not maintain more than one financial institution account or be a signor on a financial institution account
without the prior approval ofthe probation officer.

5. You must pay the financial penalty in accordance with the Schedule of Payments sheet of this judgment. You must
also notify the court of any changes in economic circumstances that might affect the ability to pay this financial
penalty.

6. You must submit your person, property, house, residence, office, vehicle, papers, computers (as defined in 18 U.S.C. §
1030(e)(1)), other electronic communications or data storage devices or media, to a search conducted by a United
States probation officer. Failure to submit to a search may be grounds for revocation of release. You must warn any
other occupants that the premises may be subject to searches pursuant to this condition. The probation officer may
conduct a search under this condition only when reasonable suspicion exists that you have violated a condition of
supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a
reasonable time and in a reasonable manner.

7. A curfew is imposed as a special condition of supervised release. You must comply with the conditions of a curfew
from 10:00 p.m. until 6:00 a.m. for the period of supervision. During this time, you will remain at your place of
residence at all times and shall not leave except when such leave is approved in advance by the probation officer.
Case 1:20-cr-00104-DHB-BKE Document 72 Filed 01/19/22 Page 6 of 7
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DC Custody TSR

DEFENDANT: Whitney Adwan Mack
CASE NUMBER: 1:20CR00104-1

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment **
TOTALS $100 $150,000 $5,000 N/A N/A

□ The determination of restitution is deferred until . hx\. Amended Judgment in a Criminal Case(A0245C)
will be entered after such determination.

13 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 Pavee Total Loss Restitution Ordered Priority or Percentage

U.S. Small Business Administration $150,000 1

TOTALS $150,000

3 Restitution amount ordered pursuant to plea agreement $ 150,000

□ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fme 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).

i3 The court determined that the defendant does not have the ability to pay interest and it is ordered that:
13 the interest requirement is waived for the I3 fme M restitution.

□ the interest requirement for the □ fine □ 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, 1 lOA, and 113 A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
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DEFENDANT: Whitney Adwan Mack
CASE NUMBER: 1:20CR00104-1

SCHEDULE OF PAYMENTS

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

A Kl Lump sum payment of$100 is due immediately, balance due

□ not later than , or
^ in accordance □ C, □ D, Q E, or ^ F below; or

B □ Payment to begin immediately (may be combined with DC, □ D, or □ F below); or

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 the date of this judgment; or

D □ Payment in equal (e.g., weekly, monthly, quarterly) installments of S over a period of
(e.g.. months or years), to commence (e.g., 30 or 60 days) after release fi"om 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 13 Special instructions regarding the payment of criminal monetary penalties:
Pursuant to 18 U.S.C. § 3664(f)(3)(B), nominal payments of either quarterly installments of a minimum of $25 if working
non-UNICOR or a minimum of 50 percent of monthly earnings if working UNICOR shall be made. Upon release fi^om
imprisonment and while on supervised release, nominal payments of a minimum of $300 per month shall be made.
Payments are to be made payable to the Clerk, United States District Court, for disbursement to the victim.

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.

□ Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number). Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

□ The defendant shall pay the cost of prosecution.
□ The defendant shall pay the following court cost(s):
K! The defendant shall forfeit the defendant's interest in the following property to the United States: anv propertv which
constitutes or is derived from proceeds traceable to the charged offense.

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

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