Judgment in a Criminal Case — United States v. Olivia Spellman, Western District of Wisconsin (Document 25)
Summary
A Judgment in a Criminal Case in United States v. Olivia Spellman, Case Number 3:22CR00131-001, in the U.S. District Court for the Western District of Wisconsin, imposed October 6, 2023, signed October 11, 2023 and filed as Document 25. Spellman pleaded guilty to Count 5, fraud under 18 U.S.C. § 1341 with the offense concluded December 30, 2020, and Counts 1 through 4, 6, and 7 are dismissed on the motion of the United States. The court imposes 16 months of imprisonment, stayed until October 24, 2023, followed by a three-year term of supervised release. It orders a $100.00 assessment, no fine, and mandatory restitution of $506,097 to be disbursed to victims listed in the judgment, with nominal payments of a minimum of $200 each month after release. The judgment is signed /s/ by District Judge William M. Conley.
Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Judgment in a Criminal Case — United States v. Olivia Spellman, Western District of Wisconsin (Document 25).”
Original at ecf.wiwd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-spellman-dkt-25-w-d-wis-afc9ef7452/
, SHA-256 3f88c9a4e798807019d3de69648fe60ab6ddea094d50a7f0540d40b4f7217e7c.Full text
Case: 3:22-cr-00131-wmc Document #: 25 Filed: 10/11/23 Page 1 of 7
DEFENDANT: OLIVIA SPELLMAN
AO 245 B (Rev. 3/01)(N.H. Rev.) CASE NUMBER: 0758 3:22CR00131-001 Judgment - Page 1
United States District Court
Western District of Wisconsin
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
(for offenses committed on or after November 1, 1987)
V. Case Number: 0758 3:22CR00131-001
Olivia Spellman Defendant’s Attorney: Kelly Welsh
Defendant, Olivia Spellman, pleaded guilty to Count 5 of the indictment.
Counts 1 through 4, 6, and 7 of the indictment are dismissed on the motion of the United States.
Defendant has been advised of his right to appeal.
ACCORDINGLY, defendant is adjudicated guilty of the following offense:
Date Offense Count
Title & Section Nature of Offense Concluded Number
18 U.S.C. § 1341 Fraud, Class C felony December 30, 2020 5
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 FURTHER ORDERED that 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. If ordered to pay restitution, defendant shall notify the Court and United
States Attorney of any material change in defendant’s economic circumstances.
Defendant’s Date of Birth: 1987 October 6, 2023
Defendant’s USM No.: 35888-510 Date of Imposition of Judgment
Defendant’s Residence Address: /s/ William Conley
Janesville, WI 53545
Defendant’s Mailing Address: Same as above William M. Conley
District Judge
October 11, 2023
Date Signed
Case: 3:22-cr-00131-wmc Document #: 25 Filed: 10/11/23 Page 2 of 7
DEFENDANT: OLIVIA SPELLMAN
AO 245 B (Rev. 3/01)(N.H. Rev.) CASE NUMBER: 0758 3:22CR00131-001 Judgment - Page 2
IMPRISONMENT
As to Count 5 of the indictment, it is adjudged that defendant is committed to the custody of the Bureau of Prisons for a term
of 16 months.
I recommend that defendant receive a mental health evaluation and treatment; vocational and educational training; and
prerelease placement in a residential reentry center with work release privileges. I also recommend her placement at FCI
Waseca or at an appropriate facility as close to her family in Southern Wisconsin as possible.
Defendant is neither a flight risk nor a danger to the community. Accordingly, execution of the sentence of imprisonment is
stayed until October 24, 2023, between the hours of noon and 2:00 p.m., when defendant is to report to an institution to be
designated by further court order. The present release conditions are continued until October 24, 2023.
The U.S. Probation Office is to notify local law enforcement agencies, and the state attorney general, of defendant’s release
to the community.
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 Marshal
Case: 3:22-cr-00131-wmc Document #: 25 Filed: 10/11/23 Page 3 of 7
DEFENDANT: OLIVIA SPELLMAN
AO 245 B (Rev. 3/01)(N.H. Rev.) CASE NUMBER: 0758 3:22CR00131-001 Judgment - Page 3
SUPERVISED RELEASE
Defendant’s term of imprisonment is to be followed by a three-year term of supervised release. In light of the nature of the
offense and defendant’s personal history, along with the statutory mandatory conditions of supervision, I adopt condition
numbers 1 through 17 as proposed and justified in the presentence report, noting that neither party has raised any objections
to those proposals.
Finally, although the instant offense is not drug related, mandatory drug testing as set forth at 18 U.S.C. § 3583(d) is not
waived. Defendant shall submit to one drug test within 15 days of her placement on supervised release and two periodic
tests thereafter.
If, when defendant is released from confinement to begin her term of supervised release, either defendant or the supervising
probation officer believes that any of the conditions imposed today are no longer appropriate, either one may petition the
court for review.
Defendant is to abide by the statutory mandatory conditions.
Statutory Mandatory Conditions
Defendant shall not commit another federal, state, or local crime. [Note: Any defendant that has been convicted of a felony
offense, or is a prohibited person, shall not possess a firearm, ammunition, or destructive device pursuant to 18 U.S.C. §§
921 and 922.]
Defendant shall not illegally possess a controlled substance. Defendant is subject to drug testing according to 18 U.S.C. §§
3563(a)(5) or 3583(d), unless waived by the Court.
Defendant shall cooperate with the collection of DNA by the U.S. Justice Department and/or the U.S. Probation and Pretrial
Services Office as required by Public Law 108-405.
If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release that defendant pay
any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with
the Schedule of Payments set forth in the Financial Penalties sheet of this judgment.
Defendant shall comply with the standard and special conditions that have been adopted by this Court.
Standard Conditions of Supervision
1) Defendant shall not knowingly leave the judicial district in which defendant is being supervised without the
permission of the Court or probation officer;
2) Defendant is to report to the probation office as directed by the Court or probation officer and shall submit a complete
written report within the first five days of each month, answer inquiries by the probation officer, and follow the
officer’s instructions. The monthly report and the answer to inquiries shall be truthful in all respects unless a fully
truthful statement would tend to incriminate defendant, in violation of defendant’s constitutional rights, in which case
defendant has the right to remain silent;
3) Defendant shall maintain lawful employment, seek lawful employment, or enroll and participate in a course of study
or vocational training that will equip defendant for suitable employment, unless excused by the probation officer or
the Court;
4) Defendant shall notify the probation officer within seventy-two hours of any change in residence, employer, or any
change in job classification;
Case: 3:22-cr-00131-wmc Document #: 25 Filed: 10/11/23 Page 4 of 7
DEFENDANT: OLIVIA SPELLMAN
AO 245 B (Rev. 3/01)(N.H. Rev.) CASE NUMBER: 0758 3:22CR00131-001 Judgment - Page 4
5) Defendant shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or
any paraphernalia related to such substances, except as prescribed by a physician. Defendant shall not use any
product containing cannabidiol (CBD) or tetrahydrocannabinol (THC), except as prescribed by a physician;
6) Defendant shall not visit places where defendant knows or has reason to believe controlled substances are illegally
sold, used, distributed, or administered;
7) Defendant shall not meet, communicate, or spend time with any persons defendant knows to be engaged in criminal
activity or planning to engage in criminal activity;
8) Defendant shall permit a probation officer to visit defendant at home, work, or at some other mutually convenient
location designated by the probation officer at any reasonable time and shall permit confiscation of any contraband
observed in plain view by the probation officer;
9) Defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law
enforcement officer;
10) Defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency
without the permission of the Court;
11) Defendant shall report to the probation office in the district to which defendant is released within 72 hours of release
from the custody of the Bureau of Prisons, unless instructed by a U.S. probation officer to report within a different
time frame; and
12) Defendant shall not possess a firearm, ammunition, destructive device, or dangerous weapon.
Special Conditions of Release
13) Provide the supervising U.S. Probation Officer any and all requested financial information, including copies of state and
federal tax returns.
14) Refrain from incurring new credit charges, opening additional lines of credit or opening other financial accounts without
the prior approval of the supervising U.S. Probation Officer.
15) Not transfer, give away, sell or otherwise convey any asset worth more than $200 without the prior approval of the
supervising U.S. Probation Officer.
16) Submit person, property, residence, papers, vehicle, or office to a search conducted by a U.S. Probation Officer at a
reasonable time and manner, whenever the probation officer has reasonable suspicion of contraband or of the violation of
a condition of release relating to substance abuse or illegal activities; failure to submit to a search may be a ground for
revocation; defendant shall warn any other residents that the premises defendant is occupying may be subject to searches
pursuant to this condition.
17) Participate in mental health referral, assessment, and treatment as approved by the supervising U.S. Probation Officer
and comply with all rules, regulations, and recommendations of the mental health agency or its representative to the extent
approved by the supervising U.S. Probation Officer. If defendant is eligible for funding from any source to cover the cost of
treatment, defendant is to make reasonable efforts to obtain such funding. Participation in treatment does not require
payment by defendant unless it is clear defendant can afford it.
Case: 3:22-cr-00131-wmc Document #: 25 Filed: 10/11/23 Page 5 of 7
DEFENDANT: OLIVIA SPELLMAN
AO 245 B (Rev. 3/01)(N.H. Rev.) CASE NUMBER: 0758 3:22CR00131-001 Judgment - Page 5
ACKNOWLEDGMENT OF CONDITIONS
I have read or have had read to me the conditions of supervision set forth in this judgment, and I fully understand them. I
have been provided a copy of them. I understand that upon finding a violation of probation or supervised release, the Court
may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.
Defendant Date
U.S. Probation Officer Date
Case: 3:22-cr-00131-wmc Document #: 25 Filed: 10/11/23 Page 6 of 7
DEFENDANT: OLIVIA SPELLMAN
AO 245 B (Rev. 3/01)(N.H. Rev.) CASE NUMBER: 0758 3:22CR00131-001 Judgment - Page 6
CRIMINAL MONETARY PENALTIES
Defendant shall pay the following total financial penalties in accordance with the schedule of payments set forth below.
Count Assessment Fine Restitution
5 $100.00 $0.00 $506,097.00
Total $100.00 $0.00 $506,097.00
It is adjudged that defendant is to pay a $100 criminal assessment penalty to the Clerk of Court for the Western District of
Wisconsin immediately following sentencing. Defendant is encouraged to honor her agreement to pay this obligation by the
day of sentencing. Failure to pay the assessment may result in preclusion from certain programming while confined in the
federal prison system.
I find defendant lacks the means to pay a fine under §5E1.2(c) without impairing her ability to pay restitution and to support
herself upon release from custody.
A final order of forfeiture is entered.
RESTITUTION
Defendant is to pay mandatory restitution in the amount of $506,097 to the U.S. Clerk of Court for the Western District of
Wisconsin to be disbursed to the victims as indicated in the presentence report:
California Employee Development: $440,434.00
Kansas Department of Labor: $3,724.00
Ohio Office of Unemployment Compensation: $42,249.00
New York State Department of Labor: $19,690.00
However, defendant does not have the economic resources to allow herself to make full payment of restitution in the
foreseeable future under any reasonable schedule of payments. Accordingly, pursuant to 18 U.S.C. § 3664(f)(3)(B), she is
to begin making nominal payments of a minimum of $200 each month, beginning within 30 days of defendant’s release from
imprisonment.
Defendant shall also notify the Court and the United States Attorney General of any material change in defendant’s
economic circumstances that might affect her ability to pay restitution. No interest is to accrue on the unpaid portion of the
restitution.
Case: 3:22-cr-00131-wmc Document #: 25 Filed: 10/11/23 Page 7 of 7
DEFENDANT: OLIVIA SPELLMAN
AO 245 B (Rev. 3/01)(N.H. Rev.) CASE NUMBER: 0758 3:22CR00131-001 Judgment - Page 7
SCHEDULE OF PAYMENTS
Payments shall be applied in the following order:
(1) assessment;
(2) restitution;
(3) fine principal;
(4) cost of prosecution;
(5) interest;
(6) penalties.
The total fine and other monetary penalties shall be due in full immediately unless otherwise stated elsewhere.
Unless the Court has expressly ordered otherwise in the special instructions above, if the judgment imposes a period of
imprisonment, payment of monetary penalties shall be 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 Court, unless otherwise directed by the Court, the supervising U.S. probation officer, or the United
States Attorney.
Defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
In the event of a civil settlement between victim and defendant, defendant must provide evidence of such payments or
settlement to the Court, U.S. Probation Office, and U.S. Attorney’s Office so that defendant’s account can be credited.
File and source
- File
- 25-judgment-public-version-e24-restricted.pdf
- Size
- 154,790 bytes
- SHA-256
- 3f88c9a4e798807019d3de69648fe60ab6ddea094d50a7f0540d40b4f7217e7c
- Original
- PACER (login required)