Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.7456 Page 1 of 20
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`WIECHERT, MUNK & GOLDSTEIN, PC
`David W. Wiechert, SBN 94607
`Jessica C. Munk, SBN 238832
`Jahnavi Goldstein, SBN 245084
`27136 Paseo Espada, Suite B1123
`San Juan Capistrano, California 92675
`Telephone: (949) 361-2822
`Facsimile: (949) 361-5722
`Email: jessica@wmgattorneys.com
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`Attorneys for Defendant
`Jacob Bychak
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`IN THE UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Plaintiff,
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`UNITED STATES OF AMERICA,
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`v.
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`JACOB BYCHAK,
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`Defendant.
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`Case No. 18-CR-4683-GPC
`Honorable Gonzalo P. Curiel
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`DEFENDANT JACOB BYCHAK’S
`STATEMENT OF POSITION RE
`SENTENCING FACTORS AND
`SENTENCING MEMORANDUM;
`EXHIBITS A-C
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`Hearing Date: October 3, 2022
`Hearing Time: 10:30 a.m.
`Department: Courtroom 2D
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`
`
`
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`TO THE HONORABLE COURT AND THE PLAINTIFF UNITED STATES
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`OF AMERICA AND THEIR COUNSEL OF RECORD: Defendant, Jacob Bychak,
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`hereby submits his Statement of Position re Sentencing Factors and Sentencing
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`Memorandum for consideration by the Court at his sentencing.
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`//
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`//
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`1
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`

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`Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.7457 Page 2 of 20
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`DATED: September 26, 2022
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`Respectfully submitted:
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`WIECHERT, MUNK & GOLDSTEIN, PC
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`By: Jessica C. Munk
`Jessica C. Munk
`Attorneys for Defendant
`Jacob Bychak
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`2
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.7458 Page 3 of 20
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`TABLE OF CONTENTS
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`I.
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` INTRODUCTION ............................................................................................. 1
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`II.
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` PERSONAL BACKGROUND ......................................................................... 2
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`A. MR. BYCHAK’S UPBRINGING AND FAMILY ...................................... 2
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`B. MR. BYCHAK’S EDUCATION AND EMPLOYMENT ........................... 3
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`C. ADCONION DIRECT’S NEED FOR IP ADDRESSES AND DEALINGS
`WITH GETADS AND DANIEL DYE ......................................................... 4
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`III. THE COURT SHOULD GRANT THE SEVEN-LEVEL DOWNWARD
`DEPARTURE UNDER § 5K2.0 ....................................................................... 5
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`IV.
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` THE 18 U.S.C. § 3553(a) SENTENCING FACTORS WARRANT A
`SENTENCE OF ONE YEAR PROBATION, COMMUNITY SERVICE AND
`A MONETARY PENALTY .............................................................................. 6
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`A. NATURE AND CIRCUMSTANCES OF THE OFFENSE WARRANT A
`SENTENCE OF ONE YEAR PROBATION ..................................................... 7
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`B. MR. BYCHAK’S HISTORY AND CHARACTERISTICS FURTHER
`SUPPORT A SENTENCE OF ONE YEAR PROBATION ........................... 8
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`1. Mr. Bychak is a Loving and Dedicated Husband and Family Member
`and Involved in His Community
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`2. Mr. Bychak is Deeply Remorseful for His Conduct, has Lived a Law-
`Abiding Life, and Poses Zero Risk of Recidivism
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`V.
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` UNDER THE CIRCUMSTANCES, ONE YEAR OF PROBATION,
`COMMUNITY SERVICE AND A SIGNIFICANT MONETARY PENALTY
`IS SUFFICIENT TO SERVE THE PURPOSES OF § 3553(a)(2) .................. 12
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`23
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`VI.
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` A SENTENCE OF MORE THAN ONE YEAR PROBATION WOULD
`LIKELY RESULT IN UNFAIR SENTENCE DISPARITIES CONNECTED
`WITH THIS INVESTIGATION...................................................................... 14
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`VII. CONCLUSION................................................................................................ 14
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`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.7459 Page 4 of 20
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`CASES
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`TABLE OF AUTHORITIES
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`Gall v. United States, 552 U.S. 38 (2007) ................................................................... 6
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`Koon v. United States, 518 U.S. 81 (1996) ................................................................. 6
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`Pepper v. United States, 562 U.S. 476 (2011) ............................................................ 6
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`Rita v. United States, 551 U.S. 338 (2007) ................................................................. 9
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`United States v. Carty, 520 F.3d 984 (9th Cir. 2008) ........................................... 6, 12
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`United States v. Chapman, 872 F. Supp. 369 (E.D. Va. 1993) ................................. 13
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`United States v. Menyweather, 447 F.3d 625 (9th Cir. 2006) ..................................... 9
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`Williams v. New York, 337 U.S. 241 (1949) ............................................................... 6
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`STATUTES
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`18 U.S.C. § 3553(a)............................................................................................ passim
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`18 U.S.C. §1037(a)(5)
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`1
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`18 U.S.C. §1037(b)(3) ................................................................................................. 1
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`U.S.S.G. § 5K2.0 ........................................................................................... 1, 5, 6, 14
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`OTHER AUTHORITIES
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`https://bjs.ojp.gov/content/pub/pdf/fjs19.pdf ............................................................ 13
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`https://bjs.ojp.gov/content/pub/pdf/fjs20.pdf ............................................................ 13
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`https://en.wikipedia.org/wiki/Scott_Richter ............................................................... 7
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`https://web.archive.org/web/20121016062848/http://www.getads.com/about%20us.
`html. ......................................................................................................................... 4
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`https://www.allamericanspeakers.com/celebritytalentbios/Kim+Perell/426825. ....... 4
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`https://www.ftc.gov/sites/default/files/documents/public_events/ftc-spam-
`forum/transcript_day1.pdf. ...................................................................................... 7
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`https://www.prnewswire.com/news-releases/adconion-direct-ceo-kim-perell-wins-
`prestigious-ernst--young-entrepreneur-of-the-year-award-211948151.html. .......... 4
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`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`MEMORANDUM OF POINTS AND AUTHORITIES
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`I.
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`INTRODUCTION
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`Defendant Jacob Bychak humbly appears before this Court for sentencing on
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`his plea of guilty to Count One of the Superseding Information (Dkt. 471) charging
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`him with misdemeanor conspiracy to commit electronic mail fraud, in violation of
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`18 U.S.C. § 1037(a)(5) and (b)(3). Mr. Bychak entered his guilty plea on June 10,
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`2022. The parties and the Presentence Report (“PSR”) calculate Mr. Bychak’s initial
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`offense level to be 15 under the United States Sentencing Guidelines (“U.S.S.G.” or
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`“Guidelines”), which includes a 3-point reduction for Mr. Bychak’s acceptance of
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`responsibility. See Plea Agreement (Dkt. 465) at 9; PSR (Dkt. 495) at ¶¶ 30-32.
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`Further, the parties agreed that a 7-level downward departure under U.S.S.G. §
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`5K2.0 based on a combination of circumstances is appropriate for a total offense
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`level of 8. Dkt. 465 at 9. The PSR confirms that Mr. Bychak has no criminal history
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`and is in Criminal History Category I. PSR at ¶¶ 38-39. Accordingly, Mr. Bychak’s
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`guidelines range for an offense level of 8 in Criminal History Category I is 0 to 6
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`months. The government recommends the low-end of the guidelines, for a
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`recommendation of no jail time. Dkt. 465 at 10, ¶ F. Further, the parties agreed that
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`Mr. Bychak will pay a special assessment of $25, pay a fine of $100,000, and do
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`100 hours of community service. Id. at ¶¶ G1-G3.
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`Probation agrees that a custodial sentence is not warranted based on the 18
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`U.S.C. § 3553(a) sentencing criteria. PSR at ¶ 82. However, Probation recommends
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`a sentence of five years of probation in addition to the monetary penalty of
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`$100,000, and 100 hours of community service stipulated by the parties. PSR at ¶¶
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`87-88. This recommendation is inappropriate in light of the specific circumstances
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`here, as well as the general sentencing practices in federal misdemeanor cases.
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`While Mr. Bychak does not contest the penalty and community service
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`recommendations, which are in line with the parties’ agreement, the recommended
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`five years of probation is overly harsh. Mr. Bychak respectfully requests that in
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`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`considering all of the factors discussed herein, that the Court impose a one-year
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`probationary period. With the exception of the instant offense, Mr. Bychak has lived
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`his entire life of 36 years free of any criminal activity. He has accepted
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`responsibility and agreed in his Plea Agreement to a $100,000 monetary penalty and
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`100 hours of community service. The deterrence purpose of sentencing is satisfied
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`by these conditions, and Mr. Bychak represents no present or future danger to the
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`public.
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`Furthermore, Mr. Bychak has been on pre-trial supervised release since his
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`self-surrender on November 1, 2018 – nearly 4 years ago, and he has been wholly
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`compliant with the terms of his release, including when this Court allowed him to
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`travel outside the Southern District. PSR at ¶ 21. During his pretrial supervision, he
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`has maintained stable employment and remained a loving and supportive husband,
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`brother, and son, and dedicated volunteer to his residential community. Mr. Bychak
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`has already demonstrated that he has been and will be a model probationer. Five
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`years of probation goes far beyond what is sufficient and necessary to meet
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`sentencing objectives. Based on the numerous mitigating factors under the 18
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`U.S.C. § 3553(a) sentencing factors, and the fact that Mr. Bychak has already been
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`supervised for four years, a sentence of one year of probation, 100 hours of
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`community service and $100,000 fine is warranted.
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`II. PERSONAL BACKGROUND
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`A. MR. BYCHAK’S UPBRINGING AND FAMILY
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`Mr. Bychak was born on October 29, 1985 in Santa Maria, California to a
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`loving father and mother in a stable home environment. While his parents divorced
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`when he was seven years old, he maintained a healthy relationship with both
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`parents, and he is still close with them today. In the last few years his mother has
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`suffered from various mental and physical health issues, and Mr. Bychak has been
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`key in helping her take care of herself, including purchasing her a new home and
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`helping her rebuild and maintain relationships. Mr. Bychak has two brothers, an
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`older brother who is 41 years old and a younger brother who is 35 years old. Mr.
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`Bychak is extremely close with both of his brothers, as well as with his father.
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`Mr. Bychak has been married for four years to his wife Jean. They met in
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`college over 15 years ago and their close friendship blossomed into a romantic
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`relationship. Jean works full-time for a real estate company. They have lived in the
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`San Diego area for most of their adult lives and have very close ties to their
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`residential community where they have lived the past nine years. Once this case is
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`behind them, they hope to start a family.
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`B. MR. BYCHAK’S EDUCATION AND EMPLOYMENT
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`Mr. Bychak graduated from St. Joseph’s High School in Santa Maria,
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`California in 2004 and was a good student. After high school he attended San Diego
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`State University (“SDSU”) and graduated a semester early in the fall of 2007 with a
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`bachelor’s degree in Business Management. He immediately went on to obtain his
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`Master of Business Administration (“MBA”) from SDSU, which he earned in 2009.
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`Shortly thereafter Mr. Bychak briefly worked as a marketing research analyst
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`for a financial services firm. On April 5, 2010, he was hired by Frontline Direct1 as
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`a marketing analyst and later that year he moved to the Operations team. This was
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`Mr. Bychak’s first significant full-time job out of college and he was 24 years old
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`when he started working there. Over the years Mr. Bychak was promoted to
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`Operations Manager and then became the Director of Operations. He worked for the
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`company throughout the pending case. After he entered his guilty plea, the company
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`subsequently let him go as well as the other co-defendants.
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`Mr. Bychak anticipates that he will remain gainfully employed post
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`sentencing as he has accepted new employment as the Director of Marketing
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`Operations for Launch Media Solutions, LLC.
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`1 Frontline Direct was the predecessor company to Adconion Direct.
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`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`C. ADCONION DIRECT’S NEED FOR IP ADDRESSES AND
`DEALINGS WITH GETADS AND DANIEL DYE
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`Frontline Direct was a commercial marketing company started by Kim Perell
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`in 2003 with her friend Amanda Currie. Ms. Perell was the firebrand behind the
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`company, and she quickly grew the company into a multimillion-dollar business that
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`she sold to Adconion Media Group. In 2010, Frontline Direct became Adconion
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`Direct (hereinafter “Adconion”) and Ms. Perell was appointed as the CEO. Ms.
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`Perell continued to grow Adconion and when it was acquired it grew to
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`approximately 60 to 80 employees and later to over a hundred employees with
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`numerous offices.
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`Throughout Ms. Perell’s tenure as CEO, she received numerous awards and
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`accolades, including being recognized by San Diego Business Journal as one of San
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`Diego’s Most Admired CEOs,2 and in 2013 she received the prestigious Ernst &
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`Young Entrepreneur of the Year Award.3 Her employees loved working for her and
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`trusted and respected her, including Mr. Bychak.
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`As Adconion grew, it needed more and more internet-protocol addresses (“IP
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`addresses”) to send mass commercial email. The Operations team at Adconion was
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`tasked with acquiring the IP addresses for the email teams. GetAds was a company
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`that marketed itself as providing electronic marketing solutions and advice. GetAds
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`had a long-standing relationship with Adconion and was a marketing affiliate of
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`Adconion.4
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`2 https://www.allamericanspeakers.com/celebritytalentbios/Kim+Perell/426825 (last
`visited September 22, 2022).
`3 https://www.prnewswire.com/news-releases/adconion-direct-ceo-kim-perell-wins-
`prestigious-ernst--young-entrepreneur-of-the-year-award-211948151.html (last
`visited September 22, 2022).
`4 GetAds’ website in 2012 touted its compliance practices: “GetAds has been
`instrumental in helping to create and standardize industry-wide compliance practices
`to ensure top lead quality for Advertisers and Agency’s, while providing innovative
`ads and the highest payouts for our Publishers/Affiliates.” See
`https://web.archive.org/web/20121016062848/http://www.getads.com/about%20us.
`html (last visited September 23, 2022).
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`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`In late 2010 to early 2011, Ms. Perell reached out to Daniel Dye from GetAds
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`to inquire about purchasing IPs from GetAds. Up to this point, Adconion had never
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`purchased IPs and had only previously leased them. Ms. Perell and another
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`executive at Adconion, Kevin Wolf, had established the business relationship with
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`GetAds and connected Dye with the Operations team to purchase IP netblocks. The
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`first purchase of an IP netblock by Adconion from GetAds occurred in early 2011
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`and was handled by then Director of Operations Petr Pacas. The netblock related to
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`a company named Open Business Solutions (“OBS”), and GetAds had acquired it
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`from Scott Richter’s company. Mr. Bychak handled the second purchase of an IP
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`netblock from GetAds and Dye, as well as subsequent purchases until Mark
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`Manoogian was introduced to Dye to handle additional purchases. The company’s
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`in-house counsel, Jonathan Harrill, who previously worked in IP acquisition at the
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`company, reviewed, revised, and approved the purchase contract from GetAds.
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`In total, Adconion purchased eleven pre-ARIN5 netblocks from GetAds and
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`Daniel Dye, which were hijacked by Dye or Scott Richter. Regrettably, Mr. Bychak
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`disregarded the signs that the netblocks were stolen.
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`III. THE COURT SHOULD GRANT THE SEVEN-LEVEL DOWNWARD
`DEPARTURE UNDER § 5K2.0
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`Pursuant to Mr. Bychak’s plea agreement, the parties agreed that a seven-
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`level downward departure under U.S.S.G. § 5K2.0 is appropriate. See Plea
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`Agreement, Dkt. 465 at 9, ¶ X.A. Section 5K2.0(2) allows for identified and
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`unidentified circumstances the Commission may have not adequately considered to
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`warrant a downward departure.
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`Here, the parties agreed that a seven-level downward departure was
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`appropriate based on a combination of circumstances including: “the offense is a
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`misdemeanor (while the guideline section is typically applied to felonies), and the
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`5 Pre-ARIN or legacy IP space are IP addresses that were allocated in the early to
`mid 1990’s before the creation of ARIN in 1997. ARIN stands for the American
`Registry of Internet Numbers.
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`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`agreement allows the government to avoid a prolonged trial during a surge in the
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`ongoing pandemic.” Id. at 9. Accordingly, the Court should grant the seven-level
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`downward departure under § 5K2.0 and find that Mr. Bychak’s total offense level is
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`8, in Criminal History Category I for a guideline range of 0 to 6 months.
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`IV. THE 18 U.S.C. § 3553(a) SENTENCING FACTORS WARRANT A
`SENTENCE OF ONE YEAR PROBATION, COMMUNITY SERVICE
`AND A MONETARY PENALTY
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`After a district court calculates the applicable Guidelines range, which post-
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`Booker are only advisory, it must then consider the factors in 18 U.S.C. § 3553(a).
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`Gall v. United States, 552 U.S. 38, 38-39 (2007). The court “may not presume that
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`the Guidelines range is reasonable but must make an individualized assessment
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`based on the facts presented.” Id. at 39 (emphasis added). “It has been uniform and
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`constant in the federal judicial tradition for the sentencing judge to consider every
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`convicted person as an individual and every case as a unique study in the human
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`failings that sometimes mitigate, sometimes magnify, the crime and the punishment
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`to ensue.” Pepper v. United States, 562 U.S. 476, 487 (2011) (quoting Koon v.
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`United States, 518 U.S. 81, 113 (1996)). “Underlying this tradition is the principle
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`that ‘the punishment should fit the offender and not merely the crime.’” Id. at 487-
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`88 (quoting Williams v. New York, 337 U.S. 241, 247 (1949)).
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`The Guidelines range is only one factor among each of the other factors set
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`forth in § 3553(a) that the district court must consider. United States v. Carty, 520
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`F.3d 984, 991 (9th Cir. 2008). The § 3553(a) sentencing factors include: (1) the
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`nature and circumstances of the offense and the history and characteristics of the
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`defendant; (2) the need for the sentence imposed; (3) the kinds of sentences
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`available; (4) the guideline sentencing range; (5) any pertinent policy statement; (6)
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`any need to avoid unwarranted sentence disparities among defendants with similar
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`records; and (7) the need to provide restitution to any victims of the offense.6 As
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`6 Restitution is not applicable in this case.
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`6
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`

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`Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.7466 Page 11 of 20
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`discussed below these factors demonstrate that a sentence of one year probation, 100
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`hours of community service and a fine of $100,000 for Mr. Bychak is warranted.
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`A. NATURE AND CIRCUMSTANCES OF THE OFFENSE
`WARRANT A SENTENCE OF ONE YEAR PROBATION
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`The discovery produced by the government in this case shows that it was
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`Daniel Dye and his associate Scott Richter, also known as the “Spam King,”7 that
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`apparently hijacked the pre-ARIN netblocks that were ultimately sold to Adconion.
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`In fact, in 2003 Richter was invited to be a panelist by the Federal Trade
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`Commission to a public conference to discuss the subject of spam. During that
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`conference, one of Richter’s co-panelists remarked about the proliferation of the use
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`of abandoned or unused legacy space:
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`MS. KOSCHIER: This is Margot. We’ve noticed a trend recently
`where IP addresses that are registered to entities overseas or domestic
`that have been dormant for a while are apparently being
`misappropriated and borrowed—we’re terming these zombie net
`blocks -- for spamming uses. We’re not quite sure how it’s happening;
`we have a couple of theories, but mail is coming from places where it
`hasn’t been coming from all along and these IP addresses are somehow
`being routed by -- the routes are being accepted by internet service
`providers, locally, domestically, but the IP blocks a long time ago
`should have been registered to folks overseas.
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`MR. COHEN: Could part of the problem be that they’ve been sublet to
`other users?
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`MS. KOSCHIER: Could be, from what we’ve been seeing; however, it
`would indicate that the owners of these, the rightful owners of these net
`blocks, have no idea that this is happening.
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`See Transcript of Record at 201:13-202:5, Federal Trade Commission Spam Forum
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`– Day One, Second Version (April 30, 2003) (emphasis added),
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`https://www.ftc.gov/sites/default/files/documents/public_events/ftc-spam-
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`forum/transcript_day1.pdf (last visited September 23, 2022).
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`7 See https://en.wikipedia.org/wiki/Scott_Richter (last visited September 26, 2022).
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`7
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`

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`Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.7467 Page 12 of 20
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`Richter was aware that IP hijacking was transpiring in the industry as early as
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`2003 – when Mr. Bychak was still in high school, and when he had no experience in
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`the commercial email marketing industry. Despite Richter being the source of some
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`of the purloined netblocks that Adconion ultimately purchased, Richter was never
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`criminally charged by the government. Further, even though Dye orchestrated the
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`scheme to sell hijacked netblocks to Adconion, and hijacked some of the netblocks
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`that were sold to Adconion himself, he is expected to receive a misdemeanor based
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`on his cooperation. See United States v. Dye, Case No. 18-CR-0822-GPC,
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`Addendum to Plea Agreement filed on February 22, 2018 at 3-4, ¶ H. Also, Vincent
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`Tarney, who announced the hijacked netblocks and even created some of the Letters
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`of Authority (“LOAs”) to announce them is also expected to receive a misdemeanor
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`based on his cooperation. See United States v. Tarney, Case No. 18-CR-3469-GPC,
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`Addendum to Plea Agreement filed on August 7, 2018 at 3, ¶ H.
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`Mr. Bychak certainly accepts responsibility for his role in this offense. It is
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`important to note that his salary and bonus at Adconion were not tied to the
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`acquisition of the GetAds IPs. In fact, in 2013 when Adconion purchased the most
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`IPs from GetAds, Mr. Bychak’s compensation was less than the prior year. Further,
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`the original assignees of the netblocks had abandoned them and some were not even
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`aware they had a netblock. This is not meant to minimize the conduct, but rather to
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`point out that the owners of the netblocks sustained no monetary injury from their
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`use. Accordingly, given Mr. Bychak’s role in the offense compared to others
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`charged and uncharged in the netblock hijacking scheme, and his lack of discernable
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`financial gain, a sentence of one year of probation, 100 hours of community service,
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`and a $100,000 fine is warranted.
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`B. MR. BYCHAK’S HISTORY AND CHARACTERISTICS FURTHER
`SUPPORT A SENTENCE OF ONE YEAR PROBATION
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`District courts may weigh a multitude of mitigating factors under § 3553(a)
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`such as “age, education, mental or emotional condition, medical condition . . .
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`8
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`

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`employment history, lack of guidance as a youth, family ties, or military, civic,
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`charitable, or public service.” Rita v. United States, 551 U.S. 338, 364-65 (2007);
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`see also United States v. Menyweather, 447 F.3d 625, 634 (9th Cir. 2006).
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`1. Mr. Bychak is a Loving and Dedicated Husband and Family Member
`and Involved in His Community
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`Mr. Bychak has lived in California his entire life and he has lived in the
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`San Diego area since college. He is an active member of his community and a
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`loving husband, brother, and son. Mr. Bychak’s wife Jean, whom he has
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`known for approximately 15 years, writes:
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`Jake is the most responsible, kindest, and best person I know.
`As his wife, it may seem obvious that I would have these
`feelings - but he continues to prove it to me and the world day
`after day.
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`…
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`Since I’ve known Jake, he has been a pillar of family - both his
`and my own. He has repaired other’s relationships and
`supported people when they were at their lowest point. He has
`taken in multiple friends and family members to live with
`him/us, expecting nothing in return. When my mother was
`diagnosed with Leukemia a few years ago, it was without
`question that he financially supported me while I moved in with
`her to be her caretaker until she died years later, all the while
`moving in his own mother with him when she needed a place to
`stay. It was a difficult time for us to be apart and be dealing
`separately with such emotional distress. This was also the same
`time that this case arose.
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`Recently, we bought his mother a home. She didn’t have a place
`to stay and needed help. Jake, in true character, again rose to the
`occasion to make sure that she was safe and healthy. Since then,
`she has been able to regain her health and mend relationships
`that she had abandoned. You can truly hear the difference in her
`voice since Jake helped her.
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`Exhibit A (emphasis added).
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`9
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`

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`Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.7469 Page 14 of 20
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`Mr. Bychak is also very close to his younger brother Rick who was
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`only a year below him in school and they also both attended college at SDSU
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`and currently work together. Rick writes:
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`Jake and I get along quite well. We’ve essentially spent our entire lives
`together and I have never once questioned Jake to be anything other
`than an absolute and genuinely good person. To this day, we
`regularly spend time together. We’ll get together with family to hang
`out, BBQ, and have an overall great time. While together, I’ve watched
`him interact with my toddler daughter and it never ceases to warm my
`heart how his approach is always gentle, yet fun and inviting. I’m a
`big facilitator of having my children around the people they love, and
`Jake has always been one of those people.
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`Exhibit B (emphasis added). Rick goes on to write:
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`I know these past few years have been very stressful for Jake and our
`family not knowing what is going to happen with this case. I know Jake
`has learned a lot through this process and Jake and our whole family
`are looking forward to this being behind him. Jake is a person of
`integrity and good character and I know he has learned from his past
`mistakes. I support Jake to the fullest degree.
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`Mr. Bychak is also an active member of his community and tries
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`to give back to make it a better place. He has served on the
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`Homeowners Association (“HOA”) Board for the last eight years
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`shortly after purchasing his condominium. He volunteered for the board
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`because he wanted to make a difference and play at part in
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`improvements around the community. Over the past eight years, he has
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`served in various volunteer roles for the board and recently became
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`president. He has spent many hours working through community
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`issues, hearing residents’ concerns, helping out when residents have
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`repair issues, and working to create better rules to have a safer, more
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`prosperous community. The residents know they can call him if they
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`10
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`

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`have any issues or concerns. Mr. Bychak has tirelessly served his
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`community because he wants to make it a better place for all his
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`neighbors.
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`Mr. Bychak also looks forward to being able to put this matter
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`behind him, not just for himself, but for his family and friends that he
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`cares so much about. As he wrote in his letter to the Court:
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`Although the last several years have been personally difficult due
`to the case, I have done my best to still be there for my wife,
`parents, and brothers and be a source of comfort and support for
`them, as well as for friends in need. They have all been
`extremely supportive of me through this matter and I look
`forward to putting this matter behind me, not just for my sake,
`but for their sake and peace of mind as well.
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`Exhibit C. Mr. Bychak looks forward to being able to dedicate more time to
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`his family and friends and to other community involvement.
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`2. Mr. Bychak is Deeply Remorseful for His Conduct, has Lived a Law-
`Abiding Life, and Poses Zero Risk of Recidivism
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`Mr. Bychak is deeply remorseful for his conduct in this offense, which
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`occurred approximately 10 years ago when he was in his mid-twenties. Apart
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`from this offense, he has always lived a law-abiding life and has never been in
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`trouble before. His conduct in this offense was out of character for him, and
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`he writes:
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`I come before the Court humbled by this case that has spanned the last
`four years. I am a person of integrity and I fully accept responsibility
`for my part in this case and am very remorseful for the part I played.
`This case, which has been my only experience within the criminal
`justice system, has been very stressful and I can assure the Court that
`you (or any other criminal court) will not see me again. I’ve never been
`in trouble before and I learned a lot about this process along the way,
`and will absolutely do my part to never experience it again. I have
`learned from my errors from when I was younger and will not repeat
`them.
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`Exhibit C.
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`11
`DEFENDANT JACOB BYCHAK’S SENTENCING MEMORANDUM
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`

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`Case 3:18-cr-04683-GPC Document 506 Filed 09/26/22 PageID.