Case 3:21-cr-00353-CRB Document 141 Filed 04/24/24 Page 1 of 7
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`AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
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`UNITED STATES DISTRICT COURT
`Northern District of California
`UNITED STATES OF AMERICA
`) JUDGMENT IN A CRIMINAL CASE
`v.
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`)
`Manish Lachwani
`) USDC Case Number: CR-21-00353-001 CRB
`) BOP Case Number: DCAN321CR00353-001
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`) USM Number: 61721-509
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`) Defendant’s Attorney: John H. Hemann, Nanci L. Clarence,
`Eleanor W. Barczak, Max Bernstein
`(Retained)
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`THE DEFENDANT:
`pleaded guilty to count(s): Three, Seven and Thirteen of the Superseding Indictment
`pleaded nolo contendere to count(s): __________ which was accepted by the court.
`was found guilty on count(s): __________ after a plea of not guilty.
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`The defendant is adjudicated guilty of these offenses:
`Title & Section
`Nature of Offense
`18 U.S.C. § 1343
`Wire Fraud
`18 U.S.C. § 1343
`Wire Fraud
`15 U.S.C. §§ 78j(b) and
`Securities Fraud
`78ff, 17 C.F.R. § 240.10b-5
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`The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing
`Reform Act of 1984.
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`Offense Ended
`09/18/2018
`11/01/2019
`04/01/2020
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`Count
`3
`7
`13
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`The defendant has been found not guilty on count(s): __________
`Count(s) 1, 2, 4-6, 8-12, and 14-16 of the Superseding Indictment are dismissed on the motion of the United States.
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` It is ordered that the defendant must 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 must notify the court and United States attorney of material changes in economic circumstances.
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`4/19/2024
`Date of Imposition of Judgment
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`Signature of Judge
`The Honorable Charles R. Breyer
`Senior United States District Judge
`Name & Title of Judge
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`Date.
`Date
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`April 24, 2024
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`Case 3:21-cr-00353-CRB Document 141 Filed 04/24/24 Page 2 of 7
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`AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
`DEFENDANT: Manish Lachwani
`CASE NUMBER: CR-21-00353-001 CRB
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`Judgment - Page 2 of 7
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`IMPRISONMENT
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`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 Three, Seven, and Thirteen, all counts to be served
`concurrently.
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`The appearance bond is hereby exonerated, or upon surrender of the defendant as noted below. Any cash bail plus interest shall be
`returned to the owner(s) listed on the Affidavit of Owner of Cash Security form on file in the Clerk's Office.
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`The Court makes the following recommendations to the Bureau of Prisons:
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`The defendant is remanded to the custody of the United States Marshal.
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`The defendant shall surrender to the United States Marshal for this district:
`at __________ am/pm on ____________ (no later than 2:00 pm).
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`as notified by the United States Marshal.
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`The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
`on 9/2/2024 (no later than 2:00 pm).
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`as notified by the United States Marshal.
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`as notified by the Probation or Pretrial Services Office.
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`RETURN
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`I have executed this judgment as follows:
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`Defendant delivered on ______________________________ to _______________________________________ at
`________________________________________ , with a certified copy of this judgment.
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`By
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`UNITED STATES MARSHAL
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`DEPUTY UNITED STATES MARSHAL
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`Case 3:21-cr-00353-CRB Document 141 Filed 04/24/24 Page 3 of 7
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`AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
`DEFENDANT: Manish Lachwani
`CASE NUMBER: CR-21-00353-001 CRB
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`Judgment - Page 3 of 7
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`SUPERVISED RELEASE
`Upon release from imprisonment, the defendant shall be on supervised release for a term of: Three years. This term consists of terms
`of three years on each of Counts Three, Seven, and Thirteen, all such terms to run concurrently.
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`MANDATORY CONDITIONS OF SUPERVISION
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`4)
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`5)
`6)
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`1) You must not commit another federal, state or local crime.
`2) You must not unlawfully possess a controlled substance.
`3) You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release
`from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
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`The above drug testing condition is suspended, based on the court's determination that you pose a low risk of
`future substance abuse. (check if applicable)
`You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence
`of restitution. (check if applicable)
`You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
`You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et
`seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which
`you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
`You must participate in an approved program for domestic violence. (check if applicable)
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`7)
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`You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the
`attached page.
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`Case 3:21-cr-00353-CRB Document 141 Filed 04/24/24 Page 4 of 7
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`AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
`DEFENDANT: Manish Lachwani
`CASE NUMBER: CR-21-00353-001 CRB
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`Judgment - Page 4 of 7
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`STANDARD CONDITIONS OF SUPERVISION
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`As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are
`imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed
`by probation officers to keep informed, report to the court, and bring about improvements in your conduct and condition.
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`You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of
`RELEASE, unless the probation officer instructs you to report to a different probation office or within a different time frame.
`After initially reporting to the probation office, you will receive instructions from 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.
`You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission
`from the court or the probation officer.
`You must follow the instructions of the probation officer related to the conditions of supervision.
`You must answer truthfully the questions asked by your probation officer.
`You must live at a place approved by the probation officer. If you plan to change where you live or anything about your
`living arrangements (such as the people you live with, for example), you must notify the probation officer at least 10 days
`before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must
`notify the probation officer within 72 hours of becoming aware of a change or expected change.
`You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation
`officer to take any items prohibited by these and the special conditions of your supervision that he or she observes in plain
`view.
`You must work at least part-time (defined as 20 hours per week) at a lawful type of employment unless excused from doing
`so by the probation officer for schooling, training, community service or other acceptable activities. If you plan to change
`where you work or anything about your work (such as your position or your job responsibilities), you must notify the
`probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not
`possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a
`change or expected change.
`You must not communicate or interact with someone you know is engaged in criminal activity. You must not associate,
`communicate, or interact with any person you know has been convicted of a felony, unless granted permission to do so by the
`probation officer.
`If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
`You must not act as a confidential informant without first notifying the probation officer.
`You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything
`that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as
`nunchakus or tasers).
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`If the probation officer determines that you pose a risk to a third party, the probation officer may require you to notify the
`person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm
`that you have notified the person about the risk. (check if applicable)
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`U.S. Probation Office Use Only
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` A
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` U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
`judgment containing these conditions. I understand that the court may (1) revoke supervision, (2) extend the term of supervision,
`and/or (3) modify the conditions of supervision upon a finding of a violation of probation or supervised release.
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`(Signed)
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`Defendant
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`U.S. Probation Officer/Designated Witness
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`Date
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`Date
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`Case 3:21-cr-00353-CRB Document 141 Filed 04/24/24 Page 5 of 7
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`AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
`DEFENDANT: Manish Lachwani
`CASE NUMBER: CR-21-00353-001 CRB
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`Judgment - Page 5 of 7
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`SPECIAL CONDITIONS OF SUPERVISION
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`1. You must not maintain a position of fiduciary capacity without the prior permission of the
`probation officer.
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`2. You must pay any restitution, fine and special assessment that is imposed by this judgment and
`that remains unpaid at the commencement of the term of supervised release.
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`3. You must provide the probation officer with access to any financial information, including tax
`returns, and must authorize the probation officer to conduct credit checks and obtain copies of
`income tax returns.
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`Case 3:21-cr-00353-CRB Document 141 Filed 04/24/24 Page 6 of 7
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`AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
`DEFENDANT: Manish Lachwani
`CASE NUMBER: CR-21-00353-001 CRB
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`Judgment - Page 6 of 7
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`CRIMINAL MONETARY PENALTIES
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`The defendant must pay the total criminal monetary penalties under the schedule of payments.
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`TOTALS
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`Assessment
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`$300.00
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`Fine
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`Restitution
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`$1,000,000
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`To Be Determined
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`AVAA
`Assessment*
`N/A
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`JVTA
`Assessment**
`N/A
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`The determination of restitution is deferred until 7/31/24. An Amended Judgment in a Criminal Case (AO 245C) will be
`entered after such determination.
`The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
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`If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified
`otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all
`nonfederal victims must be paid before the United States is paid.
`Name of Payee
`Restitution Ordered
`Total Loss
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`TOTALS
`$ 0.00
`$ 0.00
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`Priority or Percentage
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`Restitution amount ordered pursuant to plea agreement $ __________
`The defendant must pay interest 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 of the judgment, pursuant to 18 U.S.C. § 3612(f). 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).
`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/restitution.
`the interest requirement is waived for the fine/restitution is modified as follows:
`__________
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`* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
`** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
`*** 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.
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`Case 3:21-cr-00353-CRB Document 141 Filed 04/24/24 Page 7 of 7
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`AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
`DEFENDANT: Manish Lachwani
`CASE NUMBER: CR-21-00353-001 CRB
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`Judgment - Page 7 of 7
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`Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
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`SCHEDULE OF PAYMENTS
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`A
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`B
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`C
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`D
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`E
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`Lump sum payment of _____________________ due immediately, balance due
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`not later than __________ , or
`in accordance with
`C,
`D, or
`E, and/or
`Payment to begin immediately (may be combined with
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`F below); or
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`F below); or
`C,
`D, or
`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
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`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
`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
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`F
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`Special instructions regarding the payment of criminal monetary penalties:
`It is further ordered that the defendant shall pay to the United States a special assessment of $300 and a fine in the amount
`of $1,000,000, due immediately. Notwithstanding any payment schedule set by the court, the United States Attorney’s
`Office may pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 3644(m). The special
`assessment, fine, and restitution payments shall be made to the Clerk of U.S. District Court, Attention: Financial Unit, 450
`Golden Gate Ave., Box 36060, San Francisco, CA 94102, or via the pay.gov online payment system.
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`Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
`due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’
`Inmate Financial Responsibility Program, are made to the clerk of the court.
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`The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
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`Joint and Several
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`Case Number
`Defendant and Co-Defendant Names
`(including defendant number)
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`Total Amount
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`Joint and Several
`Amount
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`Corresponding Payee,
`if appropriate
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`The defendant shall pay the cost of prosecution.
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`The defendant shall pay the following court cost(s): __________
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`The defendant shall forfeit the defendant’s interest in the following property to the United States:
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`The Court gives notice that this case involves other defendants who may be held jointly and severally liable for payment of all
`or part of the restitution ordered herein and may order such payment in the future, but such future orders do not affect the
`defendant’s responsibility for the full amount of the restitution ordered.
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` Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
`(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
`prosecution and court costs.
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