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Memorandum Supplement to Sentencing Memorandum — USA v. Padilla-Reyna (Dkt. 44, E.D. Wash.)

Summary

A supplement to the defendant's sentencing memorandum, filed May 15, 2023 as ECF No. 44 in United States v. Karla L. Padilla-Reyna, Case No. 22-cr-2059-MKD-1, in the U.S. District Court for the Eastern District of Washington, by Robin C. Emmans and Ulvar W. Klein of 2nd Street Law PLLC. It corrects account balances reported in the presentence interview and states counsel keeps $300,000 in a dedicated trust account, half of which, $150,000, will be paid to the court at sentencing while, with the court's approval, the other half will be held by counsel pending the sale of a Yakima property subject to civil forfeiture. The supplement surveys other COVID-19 fraud cases in the Eastern District of Washington, several resolved with probation or a deferred prosecution, to argue that probation would be proportional.

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Cite this document

“Memorandum Supplement to Sentencing Memorandum — USA v. Padilla-Reyna (Dkt. 44, E.D. Wash.).” Original at ecf.waed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/memorandum-supplement-to-sentencing-memorandum-usa-v-padilla-reyna-dkt-4a295ff51b/, SHA-256 ca8e5cc916a59c354ac9ab26a8d9ef05aab25c040f6024df2356ef86294903dd.

Full text

Case 1:22-cr-02059-MKD        ECF No. 44     filed 05/15/23   PageID.214     Page 1 of 7




 1

 2 Robin C. Emmans

 3
     2nd Street Law PLLC
     217 N. 2nd Street
 4   Yakima, WA 98901
 5   (509) 575-0372 office
     (509) 452-6771 fax
 6   Of Attorneys for Defendant
 7   Karla Padilla-Reyna

 8
                           UNITED STATES DISTRICT COURT
 9                        EASTERN DISTRICT OF WASHINGTON
10

11 UNITED STATES OF AMERICA                       )
12
                                                  ) Case No. 22-cr-2059-MKD-1
                                Plaintiff,        )
13
                                                  )
           vs.                                    ) SUPPLEMENT TO
14 KARLA L. PADILLA-REYNA,
                                                  ) SENTENCING MEMORANDUM
                                                  )
15
                                                  )
                                                  )
16                              Defendant.        )
                                                  )
17

18

19
           COMES NOW the defendant, Karla L. Padilla-Reyna, through her attorneys,
20

21 Robin C. Emmans and Ulvar W. Klein, of 2 Street Law PLLC, and submits this
                                           nd


22 supplement to her sentencing memorandum. This memorandum will provide updated

23
     financial information, proof of restitution funding availability, and a survey of similar
24

25 cases sentenced within the Eastern District of Washington.

26

27

28
                                                -1-
                                                                                   217 N. 2nd Street
                                                                                Yakima, WA 98901
                                                                                    (509) 575-0372
                                                                                fax (509) 452-6771
Case 1:22-cr-02059-MKD       ECF No. 44     filed 05/15/23   PageID.215     Page 2 of 7




 1 1. Updated financial information.

 2
           In the PSIR interview, working from memory, Ms. Padilla estimated some
 3

 4 financial assets incorrectly, though the net effect is the same. A table of corrected

 5 account balances follows:

 6
                   Solarity Checking                   $20,302
 7

 8                 Solarity Savings                    $1,100

 9                 Solarity Safety Deposit Box         Closed
10
                   Solarity Line of Credit (Debt)      $213,00
11

12                 Hapo Checking                       $9,982
13
                   Hapo Savings                        $1,620
14
                   Fidelity IRA                        $53,952
15

16                 Vanguard IRA                        $14,500
17

18
     The PSIR interview was conducted February 2nd. Meeting with counsel today, Ms.
19

20 Padilla was able to log into her various accounts and provide updated data, with

21
     retirement account balance estimates based on the most recent statements. In the
22

23
     PSIR interview, Ms. Padilla incorrectly asserted that she had $120,000 in retirement

24 accounts. See p. 15 and p. 19, paragraph 95. There are two accounts, Fidelity and

25
     Vanguard, and their balances are similar to the balances she had reported in
26

27

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                                               -2-
                                                                                  217 N. 2nd Street
                                                                               Yakima, WA 98901
                                                                                   (509) 575-0372
                                                                               fax (509) 452-6771
Case 1:22-cr-02059-MKD        ECF No. 44      filed 05/15/23   PageID.216     Page 3 of 7




 1 November of 2022. There is not a separate account worth $120,000. A small portion

 2
     of retirement was liquidated to put toward restitution. The cash held in a safety
 3

 4 deposit box was removed to put toward restitution. Property on Q street in Yakima,

 5 subject of civil forfeiture, is estimated at closer to $150,000 (see PSIR paragraph 98),

 6
     and sale negotiations are under way with a specific buyer.
 7

 8 2. Proof of restitution availability.

 9         Counsel is currently holding $300,000 in a dedicated trust account. See
10
     attached statement. Half of that amount, $150,000, will be paid to the court
11

12 immediately on sentencing. With the court’s approval, half of that amount will be

13 held by counsel pending the sale of the Q street property. Pursuant to the Plea

14
     Agreement Addendum, once that property is sold, Ms. Padilla will forfeit the
15

16 proceeds to the United States, which will then request that restitution be adjusted to

17 reflect that amount as paid toward the total stipulated restitution. Any remaining

18
     balance will be paid by counsel from the amount held in trust.
19

20 3. Similar cases in the Eastern District of Washington.

21         As referenced in the sentencing memorandum, the type of sentence requested
22
     by the defense, of probation rather than incarceration, fits the facts of this case and is
23

24 also proportional to other similar cases in this district. The government announced its

25 “strike force” dedicated to COVID-19 fraud on March 17, 2022. Since then, through

26

27

28
                                                 -3-
                                                                                     217 N. 2nd Street
                                                                                  Yakima, WA 98901
                                                                                      (509) 575-0372
                                                                                  fax (509) 452-6771
Case 1:22-cr-02059-MKD        ECF No. 44     filed 05/15/23   PageID.217    Page 4 of 7




 1 similar press releases, defense counsel has been able to identify nine targets other

 2
     than Ms. Padilla, six of whom have been sentenced or otherwise resolved their cases.
 3

 4         The largest fraud, of nearly 3 million dollars, was settled with a deferred

 5 prosecution in which the entity promised restitution and the individual owners

 6
     pledged a hefty amount out of their own resources. Little information is available
 7

 8 regarding the extent or duration of the fraud. See March 22, 2022 press release,

 9 https://www.justice.gov/usao-edwa/pr/hpm-corporation-and-owners-accept-
10
     responsibility-agree-pay-nearly-3-million-restituti-0, attached.
11

12         In US v. Thomas, 22-cr-35-RMP, the defendant, who had significant criminal

13 history, was also terminally ill. According to court records, his range was 10-16

14
     months. He was sentenced on 8/17/2022 to probation with restitution of $54,900. He
15

16 had made three applications over two years.

17         In US v. Jackson, 22-cr-89-TOR, the defendant was sentenced on 1/5/2023 to
18
     probation, with restitution of $54,900, and an order granting relief from interest on
19

20 restitution. According to court records, he had made 2 loan applications, both of

21 which were disbursed. He had no criminal history. He was compliant with pretrial

22
     release conditions. His sentencing range was 6-12 months. Both parties recommended
23

24 probation.

25         In US v. Murphy, 22-cr-84-TOR, married defendants were sentenced
26
     individually on 4/26/23 to probation and restitution. According to court documents,
27

28
                                               -4-
                                                                                  217 N. 2nd Street
                                                                               Yakima, WA 98901
                                                                                   (509) 575-0372
                                                                               fax (509) 452-6771
Case 1:22-cr-02059-MKD        ECF No. 44     filed 05/15/23   PageID.218    Page 5 of 7




 1 they had made 3 loan applications over time, all of which were disbursed, resulting in

 2
     $62,499 being paid out. The husband had prior criminal history related to drug
 3

 4 addiction. The wife also had a history of drug addiction. Both did well on pretrial

 5 release. Their range is not clear from the court record, nor is the government’s

 6
     recommendation.
 7

 8         In US v. Opsal, 22-cr-53-TOR, the defendant was sentenced on 5/10/23 to 6

 9 months’ incarceration and restitution of $61,247 after failing to comply with
10
     conditions of pretrial release in the context of drug addiction. According to court
11

12 records, that defendant had made 11 loan applications over two years, including 3

13 PPP loans and 8 EIDL loans. Three were disbursed. Her range was 12-18 months.

14
     The government recommended low end, the defense requested probation.
15

16         One more defendant, in US v. Cain, 22-cr-6042-MKD, is awaiting sentencing
17 on a case with $337,267 in restitution. According to court records, this defendant

18
     made two loan applications with a later request for additional funds on one of them.
19

20 Based on the dollar amount, her sentencing range is likely to be 18-25 months if she

21 has no prior criminal history. Other subjects have not been located, but have been

22
     indicted.
23

24         As the above survey makes clear, sentencing ranges on financial crimes are
25 tied to the amount of loss rather than the individualized acts of defendants. While this

26
     is an attempt to develop objectivity in sentencing guidelines, judges are given vital
27

28
                                               -5-
                                                                                  217 N. 2nd Street
                                                                               Yakima, WA 98901
                                                                                   (509) 575-0372
                                                                               fax (509) 452-6771
Case 1:22-cr-02059-MKD        ECF No. 44      filed 05/15/23   PageID.219     Page 6 of 7




 1 discretion in sentencing precisely because such sentencing structures can obscure the

 2
     individual characteristics of defendants so essential to the sentencing task. Of especial
 3

 4 note is the case of a corporation and individuals who would have been defendants

 5 facing an extraordinarily high sentencing range had they not taken the opportunity to

 6
     enter settlement negotiations during the investigation of their fraud. As it is, they will
 7

 8 not even face conviction. Unfortunately for Ms. Padilla, when she was given the

 9 opportunity to enter into a similar negotiation with the government, she was not able
10
     to secure functional representation in time to explore settlement pre-Indictment.
11

12         Like several defendants above, Ms. Padilla has no prior criminal history, and

13 she was open with law enforcement just as she was with probation about the choice to

14
     engage in fraudulent loan applications. Similarly, she has done well on pretrial
15

16 release, continuing to work and be productive for as long as she can. She is

17 distinctive in that she didn’t actually spend a significant chunk of the loans disbursed,

18
     and she has been able to provide restitution funds for counsel to hold pending
19

20 sentencing.

21

22
     DATED: May 15, 2023
23

24
     _/Robin C. Emmans___________                     _/Ulvar W. Klein_____________
25 Robin C. Emmans, WSBA 37085                        Ulvar W. Klein, WSBA 24334
26 2 Street Law PLLC                                  2nd Street Law PLLC
    nd

     217 N. 2nd Street                                217 N. 2nd Street
27

28
                                                -6-
                                                                                    217 N. 2nd Street
                                                                                 Yakima, WA 98901
                                                                                     (509) 575-0372
                                                                                 fax (509) 452-6771
Case 1:22-cr-02059-MKD      ECF No. 44     filed 05/15/23     PageID.220    Page 7 of 7




 1 Yakima, WA. 98901                                Yakima, WA. 98901
 2
   (509) 575-0372 office                             (509) 575-0372 office
   (509) 452-6771 fax                                (509) 452-6771 fax
 3 Attorney for Karla L. Padilla-Reyna              Attorney for Karla L. Padilla-Reyna
 4 robin.emmans@secondstreetlaw.com                 ulvar@secondstreetlaw.com

 5

 6

 7

 8
                               CERTIFICATE OF SERVICE
 9
          I hereby certify that on May 15, 2023, I electronically filed the foregoing with
10

11 the Clerk of the Court using the CM/ECF System which will send notification of such

12
     filing to the following: SAUSA Frieda K. Zimmerman, AUSA Tyler Tornabene, and
13

14
     AUSA Dan Fruchter.

15

16
                                                      s/ Robin Emmans
17                                                   Robin Emmans, WSBA 37085
18                                                   2nd Street Law PLLC
                                                     217 N. 2nd Street
19                                                   Yakima, WA 98901
20                                                   (509) 575-0372
                                                     (509) 452-6771 (fax)
21                                                   Robin.emmans@secondstreetlaw.com
22

23

24

25

26

27

28
                                              -7-
                                                                                 217 N. 2nd Street
                                                                              Yakima, WA 98901
                                                                                  (509) 575-0372
                                                                              fax (509) 452-6771


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