Judgment — United States v. James Victor Punelli, Eastern District of Virginia (Document 17)

Summary

A Judgment in a Criminal Case in United States v. James Victor Punelli, Case Number 1:21-CR-224, in the United States District Court for the Eastern District of Virginia, Alexandria Division, dated 3/7/2022 and filed March 7, 2022 as Document 17. The defendant pleaded guilty to Counts 1 and 2 of the Criminal Information: false statements under 18 U.S.C. § 1001 and theft of government funds under 18 U.S.C. § 641, each with an offense ended date of 5-11-2020. The court sentences the defendant to probation for two years, with special conditions including a $5,000 fine and 100 hours of community service. The monetary penalties sheet lists a $200 assessment and $141,000 in restitution, with a lump sum payment of $146,200 due immediately. Defense counsel are Nina Ginsberg and Peter Greenspun.

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Case 1:21-cr-00224-AJT Document17_ Filed 03/07/22 Page 1 of 6 PagelD# 113

AO 245B (Rev. 09/19) (VAE 01/22) 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
)
JAMES VICTOR PUNELLI, 5 USM Number: 70252-509
) Nina Ginsberg, Esquire
) Peter Greenspun, Esquire
Defendant's Attorney

The defendant pleaded guilty to Counts | and 2 of the Criminal Information.
The defendant is adjudged guilty of these offenses:

Title and Section Nature of Offense Offense Ended Count
18 U.S.C. § 1001 False Statements 5-11-2020 1
18 U.S.C. § 641 Theft of Government Funds 5-11-2020 2

The defendant is sentenced as provided in pages 2 through 6 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.

Date of Impositigrf of Jug oF

Name and Title of Judge

3/7/2022
Date
Case 1:21-cr-00224-AJT Document17_ Filed 03/07/22 Page 2 of 6 PagelD# 114

AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 2 of 6

Sheet 3 — Supervised Release

Case Number: 1:21-CR-224
Defendant’s Name: PUNELLI, JAMES VICTOR

—

10.

PROBATION

You are hereby sentenced to probation for a term of TWO (2) YEARS.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

You must refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of commencement
on probation and at least two periodic drug tests thereafter, as directed by the probation officer.

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)
O You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

C) 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
beside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

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

CO) You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if
applicable)

You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.

If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.

You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution,
fines, or special assessments.

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 1:21-cr-00224-AJT Document17 Filed 03/07/22 Page 3 of 6 PagelD# 115
AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 3 of 6
Sheet 3 — Supervised Release

Case Number: 1:21-CR-224
Defendant’s Name: PUNELLI, JAMES VICTOR

STANDARD CONDITIONS OF SUPERVISION

As part of your probation, 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 the
time you were sentenced unless the probation officer instructs you to report to a different probation office or within a different
time frame.

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.

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. 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 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
Case 1:21-cr-00224-AJT Document17 Filed 03/07/22 Page 4 of 6 PagelD# 116
Page 4 of 6

AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case
Sheet 3A — Supervised Release

Case Number: 1:21-CR-224
Defendant’s Name: PUNELLI, JAMES VICTOR

SPECIAL CONDITIONS OF SUPERVISION

1) The defendant shall pay a $5,000 fine, due and payable immediately.
2) The defendant shall provide the probation officer access to any requested financial information.
3) The defendant shall serve 100 hours of community service as directed by the probation officer.

4) Until all financial obligations are satisfied, the defendant is prohibited from incurring any new lines of
credit, either business or personal as a primary debtor or co-signor, without express prior approval of the

probation officer.

5) The defendant presents a low risk of future substance abuse and therefore, the Court hereby suspends the
mandatory condition for substance abuse testing. However, this does not preclude the United States

Probation Office from administering drug tests as appropriate.
Case 1:21-cr-00224-AJT Document17_ Filed 03/07/22 Page 5 of6 PagelD# 117

AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 5 of 6
Sheet 5 — Criminal Monetary Penalties

Case Number: 1:21-CR-224
Defendant’s Name: PUNELLI, JAMES VICTOR

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

AVAA JVTA
Assessment* Assessment**
TOTALS $ 200 $ 141,000 $ 5,000 $ $

Assessment Restitution Fine

See attached Restitution Order
Case 1:21-cr-00224-AJT Document17_ Filed 03/07/22 Page 6 of 6 PagelD# 118

AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 6 of 6
Sheet 6 — Schedule of Payments

Case Number: 1:21-CR-224
Defendant’s Name: PUNELLI, JAMES VICTOR

SCHEDULE OF PAYMENTS

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

A Lump sum payment of $146,200 due immediately, balance due

© not later than ,or
&} in accordance with O C, & D, OE, or 0 F below; or

B CO Payment to begin immediately (may be combined with 0 C, OU D, or D 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 & — Payment in equal monthly (e.g., weekly, monthly, quarterly) installments of $250 or 25% percent of net income,

whichever is greater; or

E OC 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 OC _ 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.


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