Enforcement Actions

United States District Court
Eastern District of Missouri

THE DEFENDANT:

[ ] pleaded guilty to count(s):

[ ] pleaded nolo contendere to count(s) ___ which was accepted by the court.

[x] was found guilty on count(s)) one, two, three, four and five of the indictment on November 15, 2006. after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Adjudicated Guilty Offenses

Title & Section	Nature of Offense	Offense Ended	Count
18 USC 1001	Making a False Statement	03/30/04	One
18 USC 1001	Making a False Statement	03/29/05	Two
18 USC 7 (3)and 661	Larceny Within Special Maritime Jurisdiction	03/29/05	Three

The defendant is sentenced as provided in pages 2 through 8 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 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, the defendant shall notify the court and United States attorney of material changes in economic circumstances.

 

03/02/07
Date of Imposition of Judgment

/SIGNED/
Signature of Judge

Donald J. Stohr
United States District Judge
Name & Title of Judge

March 2, 2007
Date

 

ADDITIONAL COUNTS OF CONVICTION

Additional Counts of Conviction

Title & Section	Nature of Offense	Offense Ended	Count
18 USC 7 (3)and 661	Larceny Within Special Maritime Jurisdiction	06/07/05	Four
18 USC 1001	Larceny Within Special Maritime Jurisdiction	09/05/05	Five

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 18 Months.

This term consists of terms of 18 months on each of Counts I through V, such terms to be served concurrently.

[x] The court makes the following recommendations to the Bureau of Prisons:

To the extent that defendant qualifies and space is available, she be placed in a correctional facility as close to the St. Louis Metropolitan area as possible.

[ ] The defendant is remanded to the custody of the United States Marshal.

[ ] The defendant shall surrender to the United States Marshal for this district: at______a.m./pm on______

[ ] as notified by the United States Marshal.

[x] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

[ ] before 2 p.m. on______

[x] as notified by the United States Marshal as notified by the Probation or Pretrial Services Office

 

MARSHALS RETURN MADE ON SEPARATE PAGE

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of Three Years.

This term consists of three years on each of Counts 1 through V such terms to run concurrently.

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state, or local crime. The defendant shall not illegally possess a controlled substance.

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as directed by the probation officer.

[x] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)

[x] The defendant shall not possess a firearm as defined in 18 U.S.C. § 921. (Check, if applicable.)

[ ] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable)

[ ] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)

[ ] The Defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

The defendant shall comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1. the defendant shall not leave the judicial district without the permission of the court or probation officer;
2. the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month;
3. the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4. the defendant shall support his or her dependents and meet other family responsibilities;
5. the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;
6. the defendant shall notify the probation officer ten days prior to any change in residence or employment;
7. the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or paraphernalia related to any controlled substances, except as prescribed by a physician:
8. the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
9. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;
10. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;
11. the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
12. the 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;
13. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

ADDITIONAL STANDARD CONDITIONS OF SUPERVISION

1. The defendant shall provide the probation officer and the Financial Litigation Unit (FLU) of the U.S. Attorney's Office with the access to any requested financial information. The defendant is advised that the probation office may share financial information with FLU.
2. The defendant shall apply all monies received from income tax refunds, lottery winnings, judgments, and/or other anticipated or unexpected financial gains to the outstanding Court-ordered financial obligation. The defendant shall immediately notify the probation officer of the receipt of any indicated monies.
3. The defendant shall be prohibited from incurring new credit charges or opening additional lines of credit without the approval of the United States Probation Office so long as there is a balance on the Court-imposed financial obligation.
4. The defendant shall pay the restitution fine as previously ordered by the Court.

CRIMINAL MONETARY PENALTIES

The defendant shall pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

Criminal Monetary Penalties

	Assessment	Fine	Restitution
Totals:	$500.00	$0.00	$69,725.80

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

[x] The defendant shall make restitution (including community restitution) to the following payees in the amounts 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.

Restitution Payment Amount

Name of Payee	Total Loss*	Restitution Ordered	Priority or Percentage
American Federation of Government Employees Local 96 #25 Jefferson Barracks P.O. Box 76096 St. Louis, MO 63106		$69,725.80
Totals		$69,725.80

[ ] Restitution amount ordered pursuant to plea agreement $______

[ ] The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution 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 set forth in this Judgment 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 the   [ ] fine and/or   [ ] restitution.
[ ] the interest requirement for the   [ ] fine and/or   [ ] restitution is modified as follows:

* 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.

ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES

Defendant is accountable for this entire amount, and co-defendant, Danna France, is accountable jointly and severally with defendant for $26,950.90 of the loss.

All criminal monetary penalties are due in full immediately. The defendant shall pay all criminal monetary penalties through the Clerk of Court. If the defendant cannot pay in full immediately, then the defendant shall make payments under the following minimum payment schedule: During incarceration, it is recommended that the defendant pay criminal monetary penalties through an installment plan in accordance with the Bureau of Prisons' Inmate Financial Responsibility Program at the rate of 50% of the funds available to the defendant. If the defendant owes any criminal monetary penalties when released from incarceration, then the defendant shall make payments in monthly installments of at least $200.00, or no less than 10% of the defendant's gross earnings, whichever is greater, with payments to commence no later than 30 days after release from imprisonment. Until all criminal monetary penalties are paid in fall, the defendant shall notify the Court and this district's U.S. Attorney's Office, Financial Litigation Unit, of any material changes in the defendant's economic circumstances that might affect the defendant's ability to pay criminal monetary penalties. The defendant shall notify this district's U.S. Attorney's Office, Financial Litigation Unit, of any change of mailing or residence address that occurs while any portion of the criminal monetary penalties remains unpaid. The defendant shall participate in the Financial Responsibility Program while incarcerated, if that is consistent with Bureau of Prisons policies.

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:

1. [x] Lump sum payment of $500.00 due immediately, balance due

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

2. [ ] Payment to begin immediately (may be combined with   [ ] C,   [ ] D, or   [ ] F below); or

3. [ ] 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

4. [ ] 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

5. [ ] 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

6. [X] Special instructions regarding the payment of criminal monetary penalties:

See page 7 of this judgement for instructions regarding payment of restitution.

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 penalty payments , except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program are made to the clerk of the court.

The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.

[x] 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.

Danna France, 4-06CR462 DJS

Total Amount: $69,725,80

Joint and Several Amount: $26,950.90

[ ] 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:

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) penalties, (8) costs, including cost of prosecution and court costs.

UNITED STATES MARSHAL

RETURN OF JUDGEMENT IN A CRIMINAL CASE

I have executed this judgment as follows:

The Defendant was delivered on____to__________ at______, with a certified copy of this judgment.

UNITED STATES MARSHAL

By ______________
Deputy U.S. Marshal

[ ] The Defendant was released on _______to ___________Probation

[ ] The Defendant was released on______to________Supervised Release

[ ] and a Fine of ________ [ ] and Restitution in the amount of

 

UNITED STATES MARSHAL

By ______________
Deputy U.S. Marshal

I certify and Return that on__________, I took custody of_________at _______ and delivered same to ______ on ______F.F.T. ____________

U.S. MARSHAL E/MO

By DUSM