Judgment in a Criminal Case — United States v. George Mensah, Jr., Eastern District of Virginia (Document 27)

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An AO 245B Judgment in a Criminal Case in United States of America v. George Mensah, Jr., a/k/a Flexheem, Case Number 1:23CR00168-001, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, imposed May 8, 2024 and filed May 15, 2024 as Document 27. The defendant pleaded guilty to Count 1 of the Criminal Information, Conspiracy to Commit Wire Fraud and Mail Fraud under 18 U.S.C. § 1349. The Court imposes THIRTY-SIX (36) MONTHS of imprisonment and THREE (3) YEARS of supervised release with financial and computer monitoring conditions. The defendant must pay a $100.00 assessment and restitution of $1,476,000.59 under the Restitution Order entered May 8, 2024, and forfeits property under a Consent Order of Forfeiture.

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Case 1:23-cr-00168-RDA Document 27 Filed 05/15/24 Page 1 of 7 PagelD# 230
AO 245B (Rev. 09/19) (VAE 6/3) . Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
Eastern District of Virginia
Alexandria Division

UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
)
v. ) Case Number: —1:23CRO00168-001
GEORGE MENSAH, JR. USM Number: 84892-510
a/k/a “Flexheem, )
a/k/a “Flexxheem,” )
a/k/a “Flex,” )
Defendant. David Benjamin Smith, Esquire
Defendant's Attorney
The defendant pleaded guilty to Count | of the Criminal Information.
The defendant is adjudged guilty of:
Title and Section Nature of Offense Offense Ended Count
18 U.S.C. § 1349 Conspiracy to Commit Wire Fraud and Mail Fraud 06/2021 |

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.

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.

May 8, 2024
Date of Imposition of Judgment

Rossie D. Alsto ‘
United States Dfstrict I1ge
Case 1:23-cr-0 - i
AO 2458 (Revd) AE 8) ot OS RDA al bocument 27 Filed 05/15/24 Page 2 of 7 PagelD# 231 page

Sheet 2 - Imprisonment

20f7

Case Number: 1:23CR00168-001
Defendant’s Name: MENSAH,, GEORGE JR.

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of THIRTY-SIX
(36) MONTHS.

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

The Court recommends that the defendant be designated to either the facility in Cumberland, Maryland, the facility in Hazelton,
West Virginia, or the facility in Morgantown, West Virginia.

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

The defendant shall surrender to the Alexandria Detention Center:

by 3:00 Olam. & p.m. on_June 1, 2024.

C asnotified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
O before 2 p.m. on
© asnotified 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
AO 245B (Rev. 09/19) (VAE 6/3) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Case 1:23-cr-00168-RDA Document27_ Filed 05/15/24 Page 3 of 7 PagelD# 232, dor?
age 30

Case Number: 1:23CR00168-001
Defendant’s Name: MENSAH,, GEORGE JR.

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of THREE (3) YEARS.

MANDATORY CONDITIONS

.

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.

CO 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. 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. © 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 the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

7. © 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 other conditions on the
attached page.
Case 1:23-cr- - i

Sheet 3 — Supervised Release

Page 4 of 7

Case Number: 1:23CR00168-001
Defendant’s Name: MENSAH,, GEORGE JR.

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. 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 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) (VAE 6/3) Judgment in a Criminal Case

Case 1:23-cr-00168-RDA Document 27 _ Filed 05/15/24 Page 5 of 7 PagelD# 234
Sheet 3A — Supervised Release Pages ot

Case Number: 1:23CR00168-001
Defendant’s Name: MENSAH,, GEORGE JR.

1)

2)
3)
4)

5)

6)

7)
8)

SPECIAL CONDITIONS OF SUPERVISION

If the The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritances, judgments, and
any anticipated or unexpected financial gains, to the outstanding court-ordered financial obligation, or in a lesser amount to
be determined by the court, upon the recommendation of the probation officer.

The defendant shall provide the probation officer access to any requested financial information, including all personal, joint
and business assets from which he derives any benefit.

If not paid in full by the time the defendant is released from custody, any remaining balance on the restitution shall be paid in
equal monthly payments of $100, to commence within 60 days of release, until paid in full.

The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation
officer.

The defendant shall comply with the requirements of the computer monitoring program as administered by the probation
office. The defendant shall allow the probation officer to install computer monitoring software on any computer (as defined
in 18 U.S.C. § 1030(e)(1)) the defendant uses. The costs of monitoring shall be paid by the defendant. To ensure compliance
with the computer monitoring condition, the defendant shall allow the probation officer to conduct initial and periodic
unannounced searches of any computers (as defined in 18 U.S.C. § 1030(e)(1)) subject to computer monitoring. These
searches shall be conducted to determine whether the computer contains any prohibited data prior to installation of the
monitoring software, whether the monitoring software is functioning effectively after its installation, and whether there have
been attempts to circumvent the monitoring software after its installation. The defendant shall warn any other people who use
these computers that the computers may be subject to searches pursuant to this condition. The defendant shall allow the
probation officer to install computer monitoring software on any computer (as defined in 18 U.S.C. § 1030(e)(1)) the
defendant seeks to use. The defendant shall submit to a search of all computers (as defined in 18 U.S.C. § 1030(e)(1)) or
other electronic communications or data storage devices or media. The defendant shall warn any other people who use these
computers or devices capable of accessing the Internet that the devices may be subject to searches pursuant to this condition.
A probation officer may conduct a search pursuant to this condition only when reasonable suspicion exists that there is a
violation of a condition of supervision and that the computer or device contains evidence of this violation. Any search will be
conducted at a reasonable time and in a reasonable manner. To ensure compliance with computer monitoring or supervision
conditions, the defendant shall submit any records requested by the probation officer to verify compliance with the
defendant’s conditions including, but not limited to, credit card bills, telephone bills, and cable/satellite television bills.

The defendant must submit his person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. §
1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search conducted by a United
States Probation Officer. Failure to submit to a search may be grounds for revocation of release. He must warn any other
occupants that the premises may be subject to searches pursuant to this condition. An officer may conduct a search pursuant
to this condition only when reasonable suspicion exists that he violated a condition of his supervision and that areas to be
searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner.
The defendant shall not use marijuana or cannabis products while on supervision.

If the defendant tests positive for controlled substance or shows signs of alcohol abuse, the defendant shall participate in a
program approved by the United States Probation Office for substance abuse, which program may include residential
treatment and testing to determine whether the defendant has reverted to the use of drugs or alcohol, with partial cost to be
paid by the defendant, all as directed by the probation officer. The defendant shall waive all rights of confidentiality
regarding substance abuse treatment to allow the release of information to the United States Probation Offi¢e and authorize
communication between the probation officer and the treatment provider.
AO 2458 REIS Fo AES OO LES RDM oa Document 27 Filed 05/15/24 Page 6 of 7 PagelD# 235

Page 6 of 7
Sheet 5 — Criminal Monetary Penalties
Case Number: 1:23CR00168-001
Defendant’s Name: MENSAH,, GEORGE JR.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Restitution Fine
TOTALS $ 100.00 $ 1,476,000.59 $ 0.00
(The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.

The defendant shall pay restitution in the amount of $1,476,000.59, pursuant to the Restitution Order entered by the Court on
May 8, 2024.

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).

S% The Court determined that the defendant does not have the ability to pay interest and it is ordered that:

(the interest requirement is waived for the C1 fine & restitution.

C1 the interest requirement for the 0 fine O) restitution is modified as follows:

Payments of Restitution are to made payable to the Clerk, United States District Court, Eastern District of Virginia.
AO 245B (Rev. 09/19) (VAE 6/3) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Case 1:23-cr-00168-RDA Document 27 _ Filed 05/15/24 Page 7 of 7 PagelD# 236, 4 of?
age 70

Case Number: 1:23CR00168-001
Defendant’s Name: MENSAH,, GEORGE JR.

SCHEDULE OF PAYMENTS

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

A OO _— Lumpsum payment of $ due immediately, balance due
C not later than , or
© inaccordance with 0 C, OD, 0 E, or DF below; or

B & Payment to begin immediately (may be combined with 0 C, & D, or C1 F below); or

C OC 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 & __ The defendant shall pay the restitution in monthly installments of $100.00, to commence within 60 days after release
from confinement.

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.

O Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate

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

The defendant shall forfeit the defendant’s interest in the following property to the United States:
See Consent Order of Forfeiture entered by the Court on November I, 2023.

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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