Case 7:18-cr-00860-NSR Document 8 Filed 03/08/19 Page 1 of 7 ‘AO 24SH (ev. 02/18) Judgment in x Criminal Case (form modied within District on February 2, 2019) Shost 1 UNITED STATES DISTRICT COURT Southern Distriet of New York UNITED STATES OF AMERICA ; JUDGMENT IN A CRIMINAL CASE . ) ROBERT GERARD! } case umber: 7:18Cr.00860-01 (NSR) ) USM Number: 86383-054 ea } Batson ‘THE DEPENDANT: pleaded guity to counts) _Ono neared tt [pleaded nolo contendere to counts) hich wn acepted by the cour. (Diwas found guity on coun() _ - : eee after a plea of not guilty. ‘The defendant is adjudicated guilty of these offenses: Tite & Seston Nature of Offense Offense Ended Count 4B USC § 686(a)(1)(A) Theft Conceming a Program Receiving Federal Funds - 1218/2018 1 Class C Felony ‘The defendant is sentenced as provided in pages 2 through the Sentencing Reform Act of 1984, of this judgment. The sentence is imposed pursuant to 1 The defendant has bees found not guilty on counts) counts) lis Clare dismissed on the motion of the United States. 11g ordered that he defendant must roti the Unit States attorney for his dart within 30 days of any change of name residence, ‘or mailing address until all fines, restitution, cos, and special assessments imposed by this judgment are fully paid. Trordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic eircurnstances. 2/8/2019, ‘ate of sapsion af iadgment MB “Spams of ge a C Nelson S. Roman, U.S.0.J, ‘Name and Titi of ude u 27812018 Date pans altleegCase 7:18-cr-00860-NSR Document 8 Filed 03/08/19 Page 2 af 7 ‘AO 2488 (Rev. (218) eden i Cin] Ce a ingoscrment Tudament — Page of DEFENDANT: ROBERT GERARDI CASE NUMBER: 7:18Cr.00860-01 (NR) IMPRISONMENT ‘The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total termot: Defendant is not sentenced to a term of incarceration. Although Defendant waived his right to appeal under the plea agreement, the Court directed Defendants attorney to thoroughly discuss the ramifications of the waiver with Defendant. C1 The court makes the following recommendations to the Bureau of Prisons: 1. The defendant is remanded to the castody of the United States Marshal (The defendant shall surrender tothe United States Marshal for this district aes Dam O pm on Gas notified by the United States Marshal, The defendant shal surrender for sevice of sentence at the institution designated by the Bureau of Prisons: 1 before 2 pun, on 1D. as notified by the United States Marshal [D_ as notified by the Probation or Pretrial Services Office. RETURN Thave executed this judgment as follows: Defendant delivered on __ eit to is a, with certified copy a this judgement, ~~ UNITED STATES MARSHAL By ~ DEPUTY UNITED STATES WARSHAL402450 (Rev. 2/18) JadgAGABEGAAGELOOBEO-NSR Document 8 Filed 03/08/19 Page 3 of 7 Steet Probation Tudgment Page of 7 DEFENDANT: ROBERT GERARD! CASE NUMBER: 7:18Cr.00860-01 (NSR) PROBATION ‘You are hereby sentenced to probation fora term of: ‘Three (3) Years, subject to the standard conditions 1-13 as well as mandatory and special conditions, MANDATORY CONDITIONS ‘You rms not commit anther federal, state or local crime ‘You mist not unlvfully possess a controled substance ‘You must refrain fiom any unlawful use ofa conrlled substance. You must submit to one drug test witin 5 days of placement on prcbaton an at eat to periodic crug tess thereafter, as determined by the court W) The above drag esting condition is spend, based on th cous determination tha yu pose & low risk of fre substance abuse, (heck apo) You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) You mst comply withthe requirements ofthe Sex Offender Registration and Notification Act (34 USC. § 20901, ese) as rected by the probation officer, the Bureau of Prisons o ny state sex offender registration ageney in the location where you reside, work, are astdert, or were convicted ofa qualifying offense. ete) J Yourmtst pariiput in an approved program for domestic violence. (ck pn) Yo must make restitution in accordance with 18 U.S.C. §§ 2248, 259, 2264, 2327, 31663, 36634, and 3568 hs faproabo) ‘You must pay the assesment iroposed in accordance with 16 U SC. § 3013, It this judgment imposes fine, you mist payin seboréanoe with the Schedule of Payments shet of this judgment. 0. You mun ntl he cou of ay material hang is joureconmic ccumstnes ha might at your bw py rea, ines or special essessments ‘You must comply with the standard conditions that have been sdopted by this court as well as with any other conditions on the attached. age.Case 7:18-cr-00860-NSR Document 8 Filed 03/08/19 Page 4 of 7 0268 (02/8) dein al Case Tadginent—Pane DEFENDANT: ROBERT GERARD! CASE NUMBER; 7:18Cr.00860-01 (NSR) STANDARD CONDITIONS OF SUPERVISION ‘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 you behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court bout, and bring about improvements in your conduct and condition. 1. You must reportto 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, Afierinitally reporting to the probation office, you will receive instructions ftom 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 tsust not knowingly leave the federal judicial district where you ate authorized to reside without first getting permission from the court or the probation officer. ‘You must answer truthfully the questions asked by your probation officer. “You must live ata place approved by the probation office. If you plan to change where you live or anything about your living Zamgerments (suet asthe people you live with), you must notify the probation officers least 10 days before the change, 1 notifying the probation officer in advance is not possible dv to unanticipated circumstances, you must notify the probation oficer within 72 hours of becoming asvare of a change or expected change 6. Youmust allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to tke any items prohibited by the conditions af your supervision that he or she observes in plain view. 7, You mast work full time (atleast 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doingso. Ifyou do not have fulltime employment you must ty to find full-time employment, unless the probation officer excuses Jou ftom doing so. Ifyou plan to change where you work or anything about your work (such as your postion or your jab Naponsibiiies), you must notify the probation officer atleast 10 days before the change. If notifying the probation officer atleast 10 ddayo in advance if 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, Yourmust not communicate ot interact with someone you know is engaged in criminal activity. Ifyou know someone has been Convicted of felony, you must not knowingly communicate or interact with that person without fist getting the permission of the probation officer. 9, Teyou are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hovrs. Yo. You must not own, possess, or have access to a fiearm, ammunition, destructive device, or dangerous weapon (ie. anything that was signed, or wes modified for, the specie purpose of causing bodily injury or death to another person fuch as nunchals o:tsets). 11. Yowimust not act or make any agreement with a Taw enforcement agency to act as a confidential human source ot informant without first getting the permission of the cour. 12. You must follow the instructions of the probation officer related to the conditions of supervision. USS, Probation Office Use Only AUS. probation officer has instructed me on the conditions specified by the court and bas provided me with a written copy ofthis judgment containing these conditions. For futher information regarding these conditions, see Overview of Probation and Supervised Release Conditions, available at: www.uscours, 20, eo pae JA 7, ‘hoy tage yea Defendants Signaturesoaps. cv19) panGASR ZelGsC=00860-NSR Document 8 Filed 03/08/19 Page 5 of 7 aD Probation Tadgmeat Page 5 of TF DEFENDANT: ROBERT GERARD! CASE NUMBER: 7:18Cr.00860-01 (NSR) SPECIAL CONDITIONS OF SUPERVISION 41. You may not serve as an officer or board member of a volunteer or not-for-profit organization without first disciosing to the board of sald organization in writing that you have previously been convicted of the orime for which you have been sentenced, 2. You must complete 150 hours of community service to be approved by the probation officer. 3. You must not knowingly or unlawiully possess a firearm, ammunition, destructive device, or any other dangerous ‘weapon, including a compound bow. 4, You must participate in a cognitive behavioral treatment program under the guidance and supervision of the probation officer, until such time as you are released from the program by the probation officer. 5. You must provide the probation officer with access to any requested financial information 6. You must not incur new cradit charges ar open additional fines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. 7. You must file any outstanding state or fedoral tax returns. 8. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officor instructs you to repor to a different probation office or within a different time frame. 9. The Court recommends you be supervised by the district of residence. 10, You must notify the U.S. Attomey for this district within 30 days of any change of mailing or residence address that ‘occurs while any portion of the restitution remains unpaic.rouse teo.o21n) supa G Shed ABSEOOBGO-NSR Document 8 Filed 03/08/19 Page 6 of 7 ‘Shee §— Criminal Monetary Penalties Tedgment Page DEFENDANT: ROBERT GERARD! CASE NUMBER: 7:18Cr.00860-01 (NSR) (CRIMINAL MONETARY PENALTIES “The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. n VTA Assessment Fine Restitution Assess Fine TOTALS — § 100.00 8 8 1,500.00 $ 38,236.99 1D. The determination of restitution is deferred until after such determination «An Amended Judgment in a Criminal Case 402430) will be entered The defendant must make restitution (including community restitution tothe following payees in the amount listed below. ie ett natn pl a eth hal svn pop opened pen espn ce tes rs hh AE i a a Name of Pay. ‘Total Loss** Restitution Ordered __ Priority or Percentage Attn:Cashier's Office, Clerk-U.S District Court $38,236.99 500 Pearl Strost, New York, NY 10007 For disbursement to the following victim: Putnam Engine & Hose Co #2 INC P.0, Box 933 Port Chester, NY 10573 TOTALS. 8 0.00 s 38,236.99 Restitution amount ordered pursuant to plea agreement $ _ ‘The defendant must pay intorest 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 ofthe judgment, pursuant to 18 U.S.C. § 3612(). All ofthe payment options on Sheet 6 may be subject to ponalties for delinquency and default, pursuant to 18 USC. § 3612(8). (The court determined that the defendant does not have the ability to pay interest and it is ordeved that [Dthe interest requirement is waived for the] fine C1 restitution. the interest requirement for the] fine restitution is modified as follows * Justice for Vietims of Trafficking Act of 2015, Pub; L. No. 114-22. +2 ndings foc the total emount of losses are requited under Chapters 109A, 110, 110A, and L13A of Tile 18 for offenses committed on or after September 15, 1994, but before April 23, 1996,802458 (Rev. (2/8) Judo nGASPETEABGI00860-NSR Document 8 Filed 03/08/19 Page 7 of 7 Shect 6 — Sehedile of Payments Sadan — 7 DEFENDANT: ROBERT GERARD! CASE NUMBER: 7:18Cr.00860-04 (NSR) SCHEDULE OF PAYMENTS Having assessed the defendants ability to pay, payment ofthe total criminal monetary penalties is due as follows: A Gl Lamp sum payment of § 100.00 due immediately, balance due not leter than _ sor WZ inaccordance with CC. [1 D, Cl Bor & Fbelowjor BC Payment to begin immediately (may be combined with CIC, OD,er C) Fhetow); or © C1 Payment in equal (Ge. westy, monthly, quartery installments of $ covers period of an (e. months or year), to commence (ea. 30 0r60 days) afer te date ofthis judgement; or DO Payment in equal (ea. weet, monthly, quarterb) installments of $ overs period of (eg. months oryears), to commence (24 30. 60 days) afer elease from imprisonment to a ‘erm of supervision; or B (_ Payment during the term of supervised release will commence within (ex, 30 07 60 days) after release from imprisonment, ‘The court will sot the payment plan based on an assessment of the defendant's ability to pay at that time; oF FZ Special instructions regarding the payment of criminal monetary penalties: ‘The restitution must be paid in monthly installments of 15% of gross monthly income over a period of supervision to commence 30 days after the date of the judgment. ‘Unless he court has expressly ordered otherwis, if thisjudenset imposes imprisonment, payment of riminal monetary penaltisis due during Hester telonfuant” Al emeal mancuery paves, exe hose payments ace through the Federal Bucau 0? Pesons inmate Findnclal Respopsility Program, are made othe elesk of th cout. ‘The defendant shall receive eredit for all payments previously made toward any criminal monetary penelties imposed. Joint and Several Defendant and Co-Defendant Names and Case Numbers (eluding efendant number), Total Amount, Joint and Several Amount, and comesponding payee, fr appropsiate, 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 tothe United States: Payments shal be applied inthe following order: (1) assesstnent, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) VTA assessinent, (8) penaties, and (9) costs, including cost of prosecution and court costs