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Judgment in a Criminal Case — United States v. Brandi Weber, Eastern District of Louisiana (Document 28)

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A Judgment in a Criminal Case in United States v. Brandi Weber, Case Number 23-cr-035 D (2), in the United States District Court for the Eastern District of Louisiana, imposed and filed July 20, 2023 as Document 28, with the signature block of United States District Judge Wendy B. Vitter. The defendant pleaded guilty on July 20, 2023 to Count 1 of the Bill of Information, false statements to the Small Business Administration under 18 U.S.C. § 1001, with the offense ended July 12, 2020. The court sentences the defendant to probation for two years, with conditions including financial disclosure and a bar on new debt without permission. It orders a $100.00 assessment and restitution of $29,177.50 to the Small Business Administration, payable in monthly installments of $200.00 beginning by August 21, 2023, and imposes no fine.

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“Judgment in a Criminal Case — United States v. Brandi Weber, Eastern District of Louisiana (Document 28).” Original at ecf.laed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-weber-dkt-28-e45f3ac78e/, SHA-256 5de0894e3fda933ef88fb5c97977a575592d60243e01798fb51b2972a1f4ef23.

Full text

                   Case 2:23-cr-00035-WBV-DPC                      Document 28               Filed 07/20/23       Page 1 of 6
AO 245B (Rev. 02/18)   Judgment in a Criminal Case
                       Sheet 1



                                         UNITED STATES DISTRICT COURT
                                        EASTERN DISTRICT OF LOUISIANA
                                                       )
                 UNITED STATES OF AMERICA              )  JUDGMENT IN A CRIMINAL CASE
                                v.                     )
                                                       )
                                                       )  Case Number:         23-cr-035 D (2)
                           BRANDI WEBER
                                                       )  USM Number: 49677-510
                                                       )
Social Security No: xxx-xx-9960                        )  Warner Thompson/Samuel Scillitani, Jr.
                                                       )  Defendant’s Attorney
THE DEFENDANT:
    pleaded guilty to count(s)      1 of the Bill of Information on July 20, 2023.

    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 these offenses:

Title & Section                   Nature of Offense                                                       Offense Ended              Count
18 U.S.C. § 1001                  False Statements to the Small Business Administration                   July 12, 2020                 1




       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.

    The defendant has been found not guilty on count(s)

    Count(s)                                                is        are dismissed on the motion of the United States.

          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.

                                                                        July 20, 2023
                                                                        Date of Imposition of Judgment



COURT REPORTER: Jodi Simcox
                                                                        Signature of Judge


ASST. U.S. ATTORNEY: Brian Klebba/Edward                                WENDY B. VITTER, United States District Judge
Rivera                                                                  Name and Title of Judge



PROBATION OFFICER: Marilyn Brasset/Jason                                       7/20/23
Branch                                                                  Date
                                                                           2/15/05
                  Case 2:23-cr-00035-WBV-DPC                    Document 28           Filed 07/20/23          Page 2 of 6
AO 245B (Rev. 02/18)   Judgment in a Criminal Case
                       Sheet 4—Probation
                                                                                                      Judgment—Page     2     of        6
 DEFENDANT:               BRANDI WEBER
 CASE NUMBER:             23-cr-035 D (2)
                                                                PROBATION
 You are hereby sentenced to probation for a term of:

      Two (2) years as to Count 1 of the Bill of Information.




                                                     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 placement on
       probation 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 if applicable)
 4.       You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
 5.       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)
 6.     You must participate in an approved program for domestic violence. (check if applicable)
 7. X You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)
 8. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
 9. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
 10. 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 2:23-cr-00035-WBV-DPC                    Document 28            Filed 07/20/23           Page 3 of 6
AO 245B (Rev. 02/18)   Judgment in a Criminal Case
                       Sheet 4A — Probation
                                                                                              Judgment—Page        3       of          6
DEFENDANT:                  BRANDI WEBER
CASE NUMBER:                23-cr-035 D (2)

                                         STANDARD CONDITIONS OF PROBATION
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.
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 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 2:23-cr-00035-WBV-DPC           Document 28   Filed 07/20/23     Page 4 of 6
AO 245B (Rev. 02/18)   Judgment in a Criminal Case
                       Sheet 4D — Probation
                                                                               Judgment—Page   4    of    6
DEFENDANT:                BRANDI WEBER
CASE NUMBER:              23-cr-035 D (2)

                                         SPECIAL CONDITIONS OF SUPERVISION

    1. The defendant shall provide complete access to financial information, including disclosure of all
       business and personal finances, to the United States Probation Officer.

    2. The defendant shall not apply for, solicit or incur any further debt, included but not limited to loans,
       lines of credit or credit card charges, either as a principal or cosigner, as an individual or through
       any corporate entity, without first obtaining written permission from the United States Probation
       Officer.

    3. The defendant shall pay any restitution imposed by this judgment.
                  Case 2:23-cr-00035-WBV-DPC                     Document 28               Filed 07/20/23      Page 5 of 6
AO 245B (Rev. 02/18)   Judgment in a Criminal Case
                       Sheet 5 — Criminal Monetary Penalties
                                                                                                   Judgment — Page     5      of         6
 DEFENDANT:                       BRANDI WEBER
 CASE NUMBER:                     23-cr-035 D (2)
                                                CRIMINAL MONETARY PENALTIES
    The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

                       Assessment                  JVTA Assessment*         Fine                         Restitution
 TOTALS           $ $100.00                    $                          $ 0                          $ 29,177.50


       The determination of restitution is deferred             . An Amended Judgment in a Criminal Case (AO 245C) will be entered
 until after such determination.

      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 Payee                                 Total Loss**                 Restitution Ordered                      Priority or Percentage
 Small Business Administration                                                        $29,177.50




 TOTALS                                  $                                 $        29,177.50

      Restitution amount ordered pursuant to plea agreement $

      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).

      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             fine         restitution.
            the interest requirement for                fine    restitution is modified as follows:

 * 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, 110A, and 113A of Title 18 for offenses committed on
    or after September 13, 1994, but before April 23, 1996.
                  Case 2:23-cr-00035-WBV-DPC                         Document 28              Filed 07/20/23           Page 6 of 6
AO 245B (Rev. 02/18)   Judgment in a Criminal Case
                       Sheet 6 — Schedule of Payments
                                                                                                             Judgment — Page       6      of           6
 DEFENDANT:                BRANDI WEBER
 CASE NUMBER:              23-cr-035 D (2)


                                                        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 $                               due immediately, balance due

                not later than                                     , or
                in accordance with           C          D,          E, or          F below; or

 B         Payment to begin August 21, 2023 (may be combined with                  C,          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 $                          over a period of
                          (e.g., months or years), to commence                       (e.g., 30 or 60 days) after release from 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         Special instructions regarding the payment of criminal monetary penalties:
           The $100.00 special assessment is due immediately. It is the finding of this Court that the defendant is not able to pay a fine.
           Accordingly, no fine shall be imposed. Restitution in the amount of $29, 177.50 is owed to the victim, Small Business
           Administration. Payments shall be paid in monthly installments of $200.00. The first installment shall be paid by August 21, 2023.
           The payment is subject to increase or decrease depending on the defendant’s ability to pay. The Court finds that the defendant does
           not have the ability to pay interest on the restitution. Payments will be made payable to the Clerk, U.S. District Court, and are to be
           forwarded to the following address: U.S. Clerk’s Office, Attn: Financial Section, 500 Poydras St., Room C151, New Orleans, LA
           70130. The Court finds that the defendant does not have the ability to pay interest on the restitution. The Court will waive the
           interest requirement in this case.

 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.

 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):

      The defendant shall forfeit the defendant’s interest in the following property to the United States:
      See Notice of Forfeiture contained in the Bill of Information, rec. doc. 1.

 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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