Sentencing Memorandum — United States of America v. Boylett (Dkt. 37)

Summary

This is the United States' Sentencing Memorandum as to Jeffery Boylett, document 37 in case 2:21-cr-00154-JD-JPK, United States District Court, Northern District of Indiana, Hammond Division. It states that the PSR places the total offense level at 13 and the criminal history category at III, for a suggested guideline range of 18 to 24 months, and that there are no objections to the PSR from either party. Under the plea agreement, the defendant agreed to pay restitution and a money judgment both totaling $109,900, representing both the loss to the SBA and the defendant's profit. The Government recommends a sentence of 18 months imprisonment, with a term of supervised release to follow.

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Full text

USDC IN/ND case 2:21-cr-00154-JD-JPK    document 37   filed 10/07/22   page 1 of 4


                   UNITED STATES DISTRICT COURT
                   NORTHERN DISTRICT OF INDIANA
                        HAMMOND DIVISION

UNITED STATES OF AMERICA            )
                                    )
            v.                      )     CAUSE NO. 2:21-cr-154
                                    )
JEFFERY BOYLETT                     )


                        SENTENCING MEMORANDUM

      Comes now the United States of America through its counsel Clifford

D. Johnson, United States Attorney, and Thomas McGrath, Assistant United

States Attorney, and makes the following arguments concerning the

defendant’s sentence.

I.    Guideline calculation

      The PSR places the defendant’s total offense level under the guidelines

as 13 and his criminal history category as III for a suggested guideline range

of 18 to 24 months.

II.   Plea Agreement

      In the plea agreement, the Government agreed to recommend a

sentence at the minimum of the guideline range. The defendant agreed to pay

restitution and a money judgment both totaling $109,900 which represents

both the loss to the victim in this case, the federal government through the

SBA, and the Defendant’s profit.
USDC IN/ND case 2:21-cr-00154-JD-JPK    document 37    filed 10/07/22   page 2 of 4


III.   Objections to the PSR

       There are no objections to the PSR from either party.

IV.    Government Recommendation

       The Government recommends a sentence of 18 months imprisonment.

V.     Section 3553(a) Analysis

       Nature and Circumstances of the Crime

       The Government is asking for a sentence at the minimum of the

guideline range. The nature and circumstances of this case warrant a

guideline sentence. When the Covid-19 pandemic caused much of the

Country and the businesses within the Country to have to close their doors,

the Government through the Small Business Administration decided to

ensure the viability of small businesses by extending grants and forgivable

loans to existing businesses. It was an extraordinarily large undertaking

whereby over 300 billion was distributed by the agency through the Economic

Injury Disaster Loans Program (EIDL) over a relatively short period of time.

Such an effort required the good faith participation of those applying so that

desperately needed money could reach those who needed it without delay.

The size and scope of this endeavor also left it susceptible to fraud from those

willing to misrepresent their positions in order to steal from emergency funds

for their own personal benefit. The Defendant in this case saw an opening

and created a false business in order to induce the SBA to give him money he
USDC IN/ND case 2:21-cr-00154-JD-JPK      document 37    filed 10/07/22   page 3 of 4


was not entitled to. He and thousands of others not only cheated the Small

Business Administration, but also the taxpayers, the SBA, and those

businesses that were legitimately entitled to EIDL funds. The nature and

circumstances of the fraud warrant a sentence at the low end of the

guidelines.

      History and Characteristics of the Defendant

      The history and characteristics of the Defendant warrant a guideline

sentence. The Defendant has several prior convictions including one drug

related convictions and one resisting arrest conviction. While not an

extensive history, the Government’s position is that it is necessary to

differentiate this Defendant from those that commit crimes with no criminal

history. To do that, it is recommended that the Court remain within the

guideline range and sentence the Defendant to 18 months imprisonment.

      Other 3553(a) factors

      The Court should consider the need for specific and general deterrence.

One of the sentencing goals under §3553(a) is to warn the defendant and the

general public that committing this type of fraud will have consequences.

There have been reports of rampant fraud among those applying for Covid

relief through EIDL loans, PPP loans, or unemployment benefits. This type

of behavior not only hinders the Country’s ability to react to a current crisis,

but also imperils its ability, or will, to help its citizens in future crises. The
USDC IN/ND case 2:21-cr-00154-JD-JPK    document 37    filed 10/07/22    page 4 of 4


message should be delivered that the theft of funds meant for others in an

emergency will have appropriate repercussions. A sentence lower than the

guideline recommendation would make such a fraud scheme attractive due to

the fact that the rewards are high, the risk of detection low, and the

sentencing consequences are limited.

      For the reasons stated above, the Government requests a guideline

sentence of 18 months incarceration with a term of supervised release to

follow. The Government also requests that this Court order the Defendant

to pay $109,900 in restitution and order a money judgment for the same

amount.



                                     Respectfully Submitted,

                                     CLIFFORD D. JOHNSON
                                     UNITED STATES ATTORNEY


                                     By: /s/ Thomas M. McGrath
                                     Thomas M. McGrath
                                     Assistant United States Attorney


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