`
`AO 245B(Rev. 09/19) Judgment in a Criminal Case
`
`UNITED STATES DISTRICT COURT
`for the
`District of Nebraska
`
`
`
`
`
`
`
`UNITED STATES OF AMERICA
`
`v.
`
`
`
`DAVIDA J. ANDERSON
`
`
`JUDGMENT IN A CRIMINAL CASE
`
`
`Case Number: 8:21CR253-003
`USM Number: 71012-509
`
`Stuart J. Dornan and Keith W. Dornan
`Defendant’s Attorney
`
`
`
`
`
`THE DEFENDANT:
`☒ pleaded guilty to count I of the Information.
`☐ pleaded nolo contendere to count(s) which was accepted by the court.
`☐ was found guilty on count(s) after a plea of not guilty
`
`The defendant is adjudicated guilty of these offenses:
`
`Title & Section& Nature of Offense
`15:645(a) and 18:2 FALSE STATEMENTS TO SMALL BUSINESS
`ADMINISTRATION
`
`
`Offense Ended
`May 1, 2021
`
`Count
`1ss
`
`The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the
`Sentencing Reform Act of 1984.
`☐ The defendant has been found not guilty on count(s)
`☒ The Indictment and Superseding Indictment are dismissed on the motion of the United States.
`
`
`
`IT IS ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of
`name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid.
`If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant’s
`economic circumstances.
`
`
`
`
`
`
`
`October 5, 2023
`Date of Imposition of Sentence:
`
`
`
`s/ Robert F. Rossiter, Jr.
`Chief United States District Judge
`
`October 6, 2023
`Date
`
`
`
`8:21-cr-00253-RFR-SMB Doc # 258 Filed: 10/06/23 Page 2 of 8 - Page ID # 921
`
`AO245B(Rev 09/19) Judgment in a Criminal Case
`DEFENDANT: DAVIDA J. ANDERSON
`CASE NUMBER: 8:21CR253-003
`
`
`You are hereby sentenced to Probation for a term of four (4) years.
`
`
`PROBATION
`
`MANDATORY CONDITIONS
`
`Judgment Page 2 of 8
`
`
`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
`placement on probation and at least two periodic drug tests thereafter, as determined by the court.
`☒ 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)
`4. ☒You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
`5. ☐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 the
`location where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
`6. ☐You must participate in an approved program for domestic violence. (check if applicable)
`7. ☒You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664.
`(check if applicable)
`8. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
`9. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
`10. You must notify the court of any material change in your economic circumstances that might affect your ability to pay
`restitution, fines, or special assessments.
`
`
`
`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.
`
`
`
`
`
`
`8:21-cr-00253-RFR-SMB Doc # 258 Filed: 10/06/23 Page 3 of 8 - Page ID # 922
`
`AO245B(Rev 09/19) Judgment in a Criminal Case
`DEFENDANT: DAVIDA J. ANDERSON
`CASE NUMBER: 8:21CR253-003
`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 your behavior while on supervision and identify the minimum
`tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your
`conduct and condition.
`
`1.
`
`Judgment Page 3 of 8
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`2.
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`3.
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`4.
`5.
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`6.
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`7.
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`8.
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`9.
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`10.
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`11.
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`12.
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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 your release from imprisonment, 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 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), 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 the conditions of your supervision that he or she observes in
`plain view.
`You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
`excuses you from doing so. If you do not have full-time employment you must try to find full-time employment,
`unless the probation officer excuses you from doing so. 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. If you know
`someone has been convicted of a felony, you must not knowingly communicate or interact with that person
`without first getting the permission of 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 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).
`You must not act or make any agreement with a law enforcement agency to act as a confidential human source or
`informant without first getting the permission of the court.
`If the probation officer determines that you pose a risk to another person (including an organization), 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.
`You must follow the instructions of the probation officer related to the conditions of supervision.
`
`13.
`
`U.S. Probation Office Use Only
`
`A 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. For further information regarding these conditions, see Overview of
`Probation and Supervised Release Conditions, available at: www.uscourts.gov.
`
`Defendant’s Signature
`
`Date
`
`
`
`
`
`
`
`
`
`
`
`8:21-cr-00253-RFR-SMB Doc # 258 Filed: 10/06/23 Page 4 of 8 - Page ID # 923
`
`AO245B(Rev 09/19) Judgment in a Criminal Case
`DEFENDANT: DAVIDA J. ANDERSON
`CASE NUMBER: 8:21CR253-003
`
`Judgment Page 4 of 8
`
`SPECIAL CONDITIONS OF SUPERVISION
`
`You must participate in a victim awareness program as directed by the probation officer. Based on your ability to
`pay, you must pay for the costs of the program in an amount determined by the probation officer.
`
`If you are unable to secure lawful employment, you may be required to perform up to 20 hours of community
`service per week until employed. You may also participate in training, counseling, daily job search, or other
`employment-related activities, as directed by the probation officer.
`
`You must pay restitution in the amount of $3,921.60 to the Clerk of the U.S. District Court, 111 S. 18th Plaza,
`Suite 1152, Omaha, Nebraska 68102-1322. Restitution shall be paid in accordance with the schedule set forth in
`the "Schedule of Payments" set forth in this judgment. You are responsible for providing proof of payment to the
`probation officer as directed.
`
`Victim's Name
`
`Amount
`
`Small Business Administration, SBA/DFC,
`$3,921.60
`721 19th Street, 3rd Floor, Room 301
`Denver, CO 80202
`
`
`
`
`
`Without limiting the foregoing, and following release from prison, you must make payments to satisfy the
`criminal monetary penalty in the following manner: (a) monthly installments of $100 or 5% of your gross income,
`whichever is greater; (b) the first payment shall commence 30 days following your discharge from incarceration,
`and continue until the criminal monetary penalty is paid in full; and (c) you are responsible for providing proof of
`payment to the probation officer as directed.
`
`You must pay a fine in the amount of $5,000.00 to the Clerk of the U.S. District Court, 111 S. 18th Plaza, Suite
`1152, Omaha, Nebraska 68102-1322. This amount is due immediately.
`Without limiting the foregoing, and following release from prison, you must make payments to satisfy the
`criminal monetary penalty in the following manner: (a) monthly installments of $100 or 5% of your gross income,
`whichever is greater; (b) the first payment shall commence 30 days following your discharge from incarceration,
`and continue until the criminal monetary penalty is paid in full; and (c) you are responsible for providing proof of
`payment to the probation officer as directed.
`
`You must provide the probation officer with access to any requested financial information.
`
`You must attend, successfully complete, and pay for an approved cognitive-behavioral based program, as directed
`by the probation officer.
`
`You will be monitored by Radio Frequency (RF) Monitoring for a period of five (5) months and must abide by all
`technology requirements. You must pay the costs of participation in the location monitoring program as directed
`by the court and the probation officer. This form of location monitoring technology shall be utilized to monitor
`the following restriction on your movement in the community as well as other court-imposed conditions of
`release:
`
`You are restricted to your residence at all times except for employment; education; religious services; medical,
`substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other
`activities as pre-approved by the officer (Home Detention).
`
`
`
`d.
`
`i.
`
`k.
`
`l.
`
`n.
`
`p.
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`t.
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`8:21-cr-00253-RFR-SMB Doc # 258 Filed: 10/06/23 Page 5 of 8 - Page ID # 924
`
`AO245B(Rev 09/19) Judgment in a Criminal Case
`DEFENDANT: DAVIDA J. ANDERSON
`CASE NUMBER: 8:21CR253-003
`ii.
`You must submit your person, residence, property, office, vehicle, papers, computer, other electronic
`communication or data storage devices or media, and effects to a search conducted by a probation officer at any
`time; failure to submit to a search may be grounds for revocation; You must warn any other residents that the
`premises and any shared devices may be subject to searches pursuant to this condition.
`
`Judgment Page 5 of 8
`
`
`zz.
`
`
`
`
`You must report to the Supervision Unit of the U.S. Probation Office for the District of Nebraska between the
`hours of 8:00 a.m. and 4:30 p.m., 111 South 18th Plaza, Suite C79, Omaha, Nebraska, (402) 661-7555, within
`seventy-two (72) hours of being placed on probation or release from confinement and, thereafter, as directed by
`the probation officer.
`
`
`
`
`
`8:21-cr-00253-RFR-SMB Doc # 258 Filed: 10/06/23 Page 6 of 8 - Page ID # 925
`
`AO245B(Rev 09/19) Judgment in a Criminal Case
`DEFENDANT: DAVIDA J. ANDERSON
`CASE NUMBER: 8:21CR253-003
`
`Judgment Page 6 of 8
`
`
`
`CRIMINAL MONETARY PENALTIES
`
`The defendant must pay the total criminal monetary penalties in accordance with the schedule of payments set
`forth in this judgment.
`
`
`
`TOTALS
`
`Assessment
`$100.00
`
`Restitution
`$3,921.60
`
`Fine
`$5,000.00
`
`AVAA Assessment*
`
`
`JVTA Assessment**
`
`
` ☐
`
` The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO245C) will be
`entered after such determination.
`
`☒ 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
`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
`
`Total Loss***
`
`Restitution Ordered
`
`Priority or Percentage
`
`Small Business Administration, SBA/DFC $3,921.60
`
`
`721 19th Street, 3rd Floor, Room 301
`Denver, CO 80202
`
`Totals
`
`
`
`$3,921.60
`
`$3,921.60
`
`
`$3,921.60
`
`
`
`
`
`
`☐ 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 for the ☐ fine ☐ restitution is modified as follows:
`
`*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.
`
`
`
`
`
`
`
`8:21-cr-00253-RFR-SMB Doc # 258 Filed: 10/06/23 Page 7 of 8 - Page ID # 926
`
`AO245B(Rev 09/19) Judgment in a Criminal Case
`DEFENDANT: DAVIDA J. ANDERSON
`CASE NUMBER: 8:21CR253-003
`
`Judgment Page 7 of 8
`
`
`Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
`
`SCHEDULE OF PAYMENTS
`
` ☒ Lump sum payment of $100.00 due immediately, balance due
` ☐
`not later than _____, or
` ☒
`in accordance with
`
`☐ C, ☐ D, ☐ E, or ☒ F below; or
`
` A
`
`
`
`
` B
`
` ☐ Payment to begin immediately (may be combined with ☐ C, ☐ D, or ☐ F below); 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
`
` ☐ 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
`
` C
`
` D
`
` ☐ 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
`
` E
`
` F
`
` ☒ Special instructions regarding the payment of criminal monetary penalties:
`The criminal monetary penalty is due in full on the date of the judgment. The defendant is obligated to pay said sum
`immediately if he or she has the capacity to do so. The United States may institute civil collection proceedings at any time to
`satisfy all or any portion of the criminal monetary penalty.
`
`Without limiting the foregoing, and following release from prison, the defendant shall make payments to satisfy the criminal
`monetary penalty in the following manner: (a) monthly installments of $100 or 5% of the defendant’s gross income,
`whichever is greater; (b) the first payment shall commence 30 days following the defendant’s discharge from incarceration,
`and continue until the criminal monetary penalty is paid in full; and (c) the defendant shall be responsible for providing proof
`of payment to the probation officer as directed.
`
`All financial penalty payments are to be made to the Clerk of the U. S. District Court, 111 S. 18th Plaza, Suite 1152, Omaha,
`NE 68102-1322.
`Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
`due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of
`Prisons’ Inmate Financial 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.
`
`Joint and Several
`
`Case Number
`Defendant and Co-Defendant Names
`(including defendant number)
`
`
`Total Amount
`
`Joint and Several
`Amount
`
`Corresponding Payee,
`if appropriate
`
`
`
`
`
`
`
`The defendant shall pay the cost of prosecution.
`
`The defendant shall pay the following court cost(s): _____
`
` ☐
`
`
`
`☐
`
` ☐
`
`
`
` ☐
`
`
`
`The defendant shall forfeit the defendant’s interest in the following property to the United States:
`
`Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA
`assessment, (5) principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including
`cost of prosecution and court costs.
`
`
`
`
`8:21-cr-00253-RFR-SMB Doc # 258 Filed: 10/06/23 Page 8 of 8 - Page ID # 927
`
`AO245B(Rev 09/19) Judgment in a Criminal Case
`DEFENDANT: DAVIDA J. ANDERSON
`CASE NUMBER: 8:21CR253-003
`
`CLERK'S OFFICE USE ONLY:
`
`ECF DOCUMENT
`
`Judgment Page 8 of 8
`
` I
`
` hereby attest and certify this is a printed copy of a document which was electronically filed with the United States
`District Court for the District of Nebraska.
`
`Date Filed:__________________________________
`
`DENISE M. LUCKS, CLERK
`
`By ______________________________________Deputy Clerk
`
`
`

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