Judgment in a Criminal Case — United States v. John David Scoggins, Northern District of Alabama (Document 44)

Summary

A judgment in a criminal case in United States v. John David Scoggins, No. 5:23-cr-00087-MHH-HNJ, in the U.S. District Court for the Northern District of Alabama, filed May 1, 2024 as Document 44 and signed April 30, 2024 by Judge Madeline Hughes Haikala. The defendant pleaded guilty to count 1, conspiracy to commit wire fraud under 18 U.S.C. § 1349, and counts 2, 3, 4, and 5 are dismissed on the government's motion. The sentence, pronounced April 24, 2024, is probation for 60 months, including 12 months of location monitoring on home detention beginning April 30, 2024. It orders a $100.00 special assessment and restitution of $1,146,271.00 to the Small Business Administration, joint and several with codefendant Jennifer Corrine Scoggins.

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“Judgment in a Criminal Case — United States v. John David Scoggins, Northern District of Alabama (Document 44).” Original at ecf.alnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-scoggins-et-al-dkt-44-2cff1c365f/, SHA-256 c170450804b5aa50f0b3594f48cc19246b59d4adf2d9389dea751b726da9038a.

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Case 5:23-cr-00087-MHH-HNJ Document 44 Filed 05/01/24 Page 1 of 5 FILED
2024 May-01 AM 11:09
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 1 - Judgment in a Criminal Case U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
Northern District of Alabama
UNITED STATES OF AMERICA

v. Case Number 5:23-CR-00087-MHH-HNJ-2

JOHN DAVID SCOGGINS
Defendant.

JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)

The defendant, JOHN DAVID SCOGGINS, was represented by Jerry S. Barclay.

On motion of the United States, the Court has dismissed counts 2, 3, 4, and 5.

The defendant pleaded guilty to count 1. Accordingly, the defendant is adjudged guilty of the following
count, involving the indicated offenses:

Title & Section Nature of Offense Count Number

18 U.S.C. § 1349 CONSPIRACY TO COMMIT WIRE FRAUD 1

As pronounced on April 24, 2024, the defendant is sentenced as provided in pages 2 through 5 of this
Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

The defendant shall pay to the United States a special assessment of $100.00, for count 1, which is due
immediately.

The defendant shall 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.

Signed this the 30th day of April, 2024.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE
Case 5:23-cr-00087-MHH-HNJ Document 44 Filed 05/01/24 Page 2 of 5
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 4 - Probation

Judgment--Page 2 of 5
Defendant: JOHN DAVID SCOGGINS
Case Number: 5:23-CR-00087-MHH-HNJ-2
PROBATION
The defendant is placed on probation for a term of 60 months as to Count 1. The Probation Office shall
provide the defendant with a copy of the standard conditions and any special conditions of probation.
STANDARD CONDITIONS OF PROBATION

While the defendant is on probation pursuant to this Judgment:
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 (if placed on probation) or released from custody (if supervised release is ordered), 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
to report to the probation officer, and you must report to the probation officer as instructed.
3) You must not commit another federal, state, or local crime.
4) 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).
Revocation of supervision is mandatory for possession of a firearm.
5) You must not unlawfully possess a controlled substance.
6) 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. You must contribute to the cost of drug testing
unless the probation officer determines you do not have the ability to do so. Based upon a court order entered during the period of
supervision for good cause shown or resulting from a positive drug test or evidence of excessive use of alcohol, you shall be placed
in the Substance Abuse Intervention Program (SAIP) (or comparable program in another district).
7) 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.
8) You must follow the instructions of the probation officer related to the conditions of supervision.
9) You must answer truthfully the questions asked by the probation officer.
10) 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 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. (If you have been convicted of a crime of violence or a drug
trafficking offense, the probation office is responsible for complying with the notice provisions of 18 U.S.C. § 4042(b) and (c) if you
change your residence.)
11) 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.
12) 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 the position or the 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.
13) 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.
14) If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
15) 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.
16) 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.
17) You must fully and truthfully disclose financial information as requested by the probation officer related to the conditions of supervision.
Financial information may include, but is not limited to, authorization for release of credit information, bank records, income tax returns,
documentation of income and expenses, and other financial information regarding personal or business assets, debts, obligations, and/or
agreements in which the defendant has a business involvement or financial interest.
18) You must support all dependents.
Case 5:23-cr-00087-MHH-HNJ Document 44 Filed 05/01/24 Page 3 of 5
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 3 - Continuation of Standard Conditions of Probation
Judgment--Page 3 of 5
Defendant: JOHN DAVID SCOGGINS
Case Number: 5:23-CR-00087-MHH-HNJ-2

CONTINUATION OF STANDARD CONDITIONS OF PROBATION

19) You must comply with the probation office's Policies and Procedures Concerning Court-Ordered Financial Obligations to satisfy the
balance of any monetary obligation resulting from the sentence imposed in the case. Further, you must notify the probation officer of
any change in your economic circumstances that might affect your ability to pay a fine, restitution, or assessment fee. If you become
more than 60 days delinquent in payments of financial obligations, you may be: (a) required to attend a financial education or
employment preparation program under the administrative supervision of the probation officer; (b) placed on home detention subject
to location monitoring for a maximum period of 90 days under the administrative supervision of the probation officer (and you must pay
the cost of monitoring unless the probation officer determines you do not have the ability to do so); and/or (c) placed in a community
corrections center for up to 180 days under the administrative supervision of the probation officer (and you must pay the cost of
subsistence unless the probation officer determines you do not have the ability to do so).
Case 5:23-cr-00087-MHH-HNJ Document 44 Filed 05/01/24 Page 4 of 5
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 4 (cont'd) - Probation

Judgment--Page 4 of 5
Defendant: JOHN DAVID SCOGGINS
Case Number: 5:23-CR-00087-MHH-HNJ-2

SPECIAL CONDITIONS OF PROBATION

While the defendant is on probation pursuant to this Judgment:

1) You must cooperate in the collection of DNA under the administrative supervision of the probation officer.
2) You will be monitored for a period of 12 months by location monitoring technology, TO BEGIN ON Tuesday, April 30, 2024, under the
administrative supervision of the probation officer, and you must comply with all requirements of the location monitoring program. You
must pay for the cost of monitoring unless the probation officer determines you do not have the ability to do so. During the period of
monitoring, you are restricted to your residence at all times except for employment; education; religious services; medical, substance
abuse or mental health treatment; attorney visits; court appearances or other court-ordered obligations; and other activities pre-approved
by the probation officer (Home Detention). The form of location monitoring technology used to monitor you will be at the discretion of
the probation officer.
3) You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664.
4) You must not incur any new debts (other than normal debts for existing utilities, rental expenses, or mortgage payments), increase
existing credit lines, or open any new lines of credit without the permission approval of the probation officer unless and until all
court-ordered financial obligations have been paid in full. New debt includes contracts which obligate payments, credit agreements,
and loans, including those with friends and family members.
5) You must maintain a single checking and/or savings account in your own legal name. You must deposit all personal income and
monetary gains into the account(s) and must pay all personal expenses from this account.
Case 5:23-cr-00087-MHH-HNJ Document 44 Filed 05/01/24 Page 5 of 5
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 6 - Restitution and Forfeiture

Judgment--Page 5 of 5
Defendant: JOHN DAVID SCOGGINS
Case Number: 5:23-CR-00087-MHH-HNJ-2

RESTITUTION AND FORFEITURE

RESTITUTION

The Court, pursuant to the Victim and Witness Restitution Act, finds that the following is victim of
defendant's criminal conduct and has sustained loss in the indicated amounts and orders restitution by the
defendant as follows:

Name & address of payee Amount

Small Business Administration $1,146,271.00
721 19th Street, 3rd Floor, Room 301
Denver, Colorado 80202

Payments of restitution without interest are to be made to Clerk, U. S. District Court, for transfer to the
payee.

Restitution is due and payable immediately, with interest waived, and jointly and severally with co-
defendant, Jennifer Corrine Scoggins, 5:23-cr-87-MHH-HNJ-1.

Pursuant to 18 U.S.C. § 3664 (i), all nonfederal victims must be paid before the United States is paid. If
there are multiple payees, any payment not made directly to a payee shall be divided proportionately among the
payees named unless otherwise specified here:

Note: The victim's recovery is limited to the amount of their loss and the defendant’s liability for
restitution ceases if and when the victim receives full restitution.

Payments made during the term of imprisonment, the term of supervision, or otherwise, do not preclude
the government from using other assets or income of the defendant to satisfy this restitution obligation.

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