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Case 1:14-cr-00374-JFB Document 74 Filed 08/16/16 Page 1 of 5 PageID #: 492 AO 2458 (Rev. 02116) Judgment in 11. Criminal Case Sheet!

UNITED STATES DISTRICT COURT Eastern District of New York ) ) ) ) )

UNITED STATES OF AMERICA

v. MARLA AHLGRIMM

) ) ) )

JUDGMENT IN A CRIMINAL CASE Case Number: CR 14-0374

USM Number:

Michael Cornacchia a'j l~rf boeb Defendant's Attorney

THE DEFENDANT: Count 1 of the Indictment.

Ill pleaded guilty to count(s)

07217~090

IN CLERK'S OFFICE U.S. DISTRICT COURT E.D.N.V.

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0 pleaded nolo contendere to count(s) which was accepted by the court.

AUG 16 2016

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LONG ISLAND OFFICE

'

D was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section

u.s.c. § 1349, 18 u.s.c. § 1341, 18 u.s.c. § 1343 18

Offense Ended

Nature of Offense Conspiracy to commit Mail and Wire Fraud

The defendant is sentenced as provided in pages 2 through the Sentencing Refonn Act of 1984.

5/31/2010

Count

1

__5_ _ _ of this judgment. The sentence is imposed pursuant to

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

All open Counts

0 is

Ill 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 davs ofany change of name, residence. or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fu]ly paid. If ordered to pay restitution, ~ the defenO.ant must notify the court and United States attorney of material changes in economiC circumstances.

7/14/2016 Date ofi'T\osition of Judg~nt

Jos~ F. Bianco, U.S.D.J. NII.!Tle ll.lld Title of Judge

8/16/2016

AO 2458 (Rev. 02116) in a Criminal Case CaseJudgment 1:14-cr-00374-JFB Sheet 4-Probation

Document 74 Filed 08/16/16 Page 2 of 5 PageID #: 493 Judgment--Page

of

DEFENDANT: MARLA AHLGRIMM CASE NUMBER: CR 14-0374

PROBATION The defendant is hereby sentenced to probation for a term of:

2 years.

The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a contn:llled substance. The defendant shall suDniit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, as determined by the court. 0

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.)

IZI

The defendant shall not possess a fireann, amnnmition, destructive device, or any other dangerous weapon. (Check, if applicable.)

D

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

D

The defendant shaH comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check, ifapplicable.)

D

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

lfthisjudJm:tert imposes a fme or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this JUdgment. The defendant must 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 I)

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 in a manner and frequency directed by the court or probation officer,

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 fwnily 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)

tile defendant shall notify the probation officer at least ten days prior to any change in residence or employment; or if such prior notification is not possible, then within forty eight hours after such change.

7)

the defendant shall refrain from excessive use of alcohol and sllall not purchase, possess, use, distribute, or administer any controlled substance or any 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 engag_ed in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do soDy the probation officer;

10)

the defendant shall r.ermit 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; and

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 J!ersonal history or characteristics and shall permit the probation officer to make such notifications and to confinn the defendant s compliance with such notification requirement.

AO 2458 (Rev.Case 02116) Judgment in a Criminal Case 1:14-cr-00374-JFB Sheet 4C Probation

Document 74 Filed 08/16/16 Page 3 of 5 PageID #: 494 Judgment

Page

of


SPECIAL CONDITIONS OF SUPERVISION 1. The defendant shall comply with the fine payment schedule. 2. The defendant shall perform 200 hours of community services in a manner and at a rate approved by the U.S. Probation Department. The defendant will cooperate in allowing the Probation Department to confirm the community service is completed.

Case 1:14-cr-00374-JFB AO 2458 (Rev. 02116) Judgment in a Criminal Case SheetS Criminal Monetmy Penalties


Page

of


CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

$

Restitution

Fine

Assessment TOTALS

$

100.00

4,000.00

$

D

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

D

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 s~ified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid before the United States is patd. Total Loss"'

Name of Payee

TOTALS

$

0.00

Restitution Ordered

Priority or Percentage

0.00 $- - - - - -

------

D

Restitution amount ordered pursuant to plea agreement $

D

The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fme is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(£). 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).

IZI

The court determined that the defendant does not have the ability to pay interest and it is ordered that: IZI the interest requirement is waived for the D

the interest requirement for the

D

fme

121 fme D

D

restitution.

restitution is modified as follows:

• Findings for the total amount of losses are required under Chapters l 09A, II 0, I lOA, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before Apri123, 1996.

AO 2458 (Rev. 02/16) in a Criminal Case CaseJudgment 1:14-cr-00374-JFB Sheet 6 ~ Schedule of Payments


Page _ _ _ of


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

A

e1 Lump sum payment of$ 0

0

not later than in accordance

~1~0~0~.0~0'------ due immediately, balance due

, or 0

C,

0

D,

0

E,or

B

0

Payment to begin immediately (may be combined with

C

0

Payment in equal

D

0

Payment in equal

0 0 C,

Fbelow; or 0 D, or

0 F below); or

(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 (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

tenn of supe!Vision; or E

0

Payment during the term ofsupe!Vised 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 defendant is ordered to pay a fine In the amount of $4000.00 , due immediately and payable at a rate of 10% of gross income per month while on probation, with interest payment to be waived.

Unless the court has expressly ordered otherwise, if this judgn).ent imposes imprisonment, payment ofcriminal monef?IY penalties is due durin~ the period of imprisonment. All criminal monetary penalties, except those payments made through the Fedem Bureau of Prisons Inniate FinanciaJ 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.

0

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.

0

The defendant shall pay the cost of prosecution.

0

The defendant shall pay the following court cost(s):

Ill

The defendant shall forfeit the defendant's interest in the following property to the United States: See attached order.

Payments shall be !lPJllied in the following order: ( l) assessment, (2) restitution princi.p.l}l, (3) restitution interest, ( 4) fme principal, (5) fine interest, (6) community restitution, (7) penahies, and (8) costs, including cost of prosecution and court costs.

Case 1:14-cr-00374-JFB Document 74-1 Filed 08/16/16 Page 1 of 4 PageID #: 497 Case 1:14-cr-00374-JFB Document 61 Filed 04/15/16 Page 1 of 4 PageiD #: 357

'\

FILED

U.S.

SLRWM,KKo

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F.I2010ROI632

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

1 otl.rMm-"' c'dif.f,!lra.N.Y.

APR 15 201&

LONG ISLAND OFFICE

-----------------X UNITED STATES OF AMERICA -against-

ORDER Of FORF!lt!VRp 14-CR-374 (JFB)

MARLA AHLGRIMM, Defendant.

-----------------X WHEREAS, on Februaly 8, 2016, MARLA AHLORIMM (the "defendant"), enn:n:d a plea of guilty to the offcose charged in Count One of the abovc-capdoned lndictmcn~

chargins a violation of 18 U.S.C. § 1349; and WHEREAS, the defendant has consented to the entry of a forfeiture money

judgment in the amount of two hundred eight thousand two hundred forty-four dollars and

zero cents ($208,244.00) the "Forfeiture Money Judgment'1 pursuant to 18 U.S.C. § 98l(a)(l)(C) and 28 U.S.C. § 246l(e), as property, real or personal, eonatituting or derived

from proceeds traceable to the offcose, and/or as substitute assets, pursuant to 21 U.S.C. § 8S3(p).

IT IS HEREBY ORDERED, ADIUDOED AND DECREED, on eon.sent, by and between the United States and the defendant as follows:

1.

The defendant &hall forfeit to the United States the fUll amount of the

Forfeiture Money Judgmen~ pursuant to 18 U.S.C. § 98l(aXI)(C), 28 U.S.C. § 246I(e), and 21 U.S.C. § 8S3(p).

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2.

All Jlll)'ments made towards the Fotfeiture Money Judgment shall be

made by a money order, or a certified or official bank checlc, payable to "United States

Marshals Service" with the criminal docket number DOled on the face of the check. The

defendant shall cause said check to be delivered by overnight delivety to Assistant Uni~ States Attorney Karin Orenstein, Uni~ States Attorney's Office, Eastern District ofNew York, 271-A Cadman Plaza East, Brooklyn, New York 11201. The Forfeiture Money Judgment shall be paid in full on or before the date of sentencing (the "Due Date"). If the

Forfeiture Money Judgment is not paid in full on or before the Due Date, intetest on the Forfeiture Money Judgment shall accrue at the judgment rate of interest, as set forth in 18

u.s.c. § 3612(1)(2). 3.

The defendant shall not file or interpose any claim or assist others to

file or interpose any claim to any property asaiast which the government seeks to execute the Forfeiture Money Judgment in any administrative or judicial proceeding. The defendant

shall fully assist the government in effuctuating the payment of the Fotfeiture Money Judgment. If the Forfeiture Money Judgment is not received as provided above, the defendant shall futfeit any other property of hots up to the value of the outstanding balance,

pursuant to 21 U.S.C. § 8S3(p), the Federal Debt Collection Procedures Act, or any other applicable law.

4.

Upon entry of this Order, the United Statas Attorney General or ber

designee is authorized to conduct any proper discovery in accordance with Fed. R. Crim. P. 32.2(b)(3) and (c). The Uni~ States alone sball hold title to the monies paid by the defendant to satisfy the Forfeiture Money Judgment following the Court's entry of the

judgment of conviction. United States v. Marla Ahlgrimm, 14-CR-374 (JFB)

Order of Forfeiture

Page2


s.

The defendant knowingly and voluntarily waives her right to any

required notice concerning the furfeitwc of the monies and/or properties forfeited herew!der.

including notice set forth in an indictment or information. In addition. the defendant knowingly and voluntarily waives her righ~ if sny, to a jury trial on the forfeiture of ssid monies and/or properties, and waives all constitutional, legal and equitable defenses to the forfeitwc of said monies and/or properties, including, but not limited to, any defenses based on principles of double jeopanly, the & ~ !'J!