Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 1 of 9
`Case 1:18-cr-00509—GBD Document 581 Filed 06/03/20 Page 1 of 9
`
`A0 2453 (Rev. 09/19)
`Judgment in a Criminal Case
`(form modified within District on Sept. 30, 2019)
`Sheet 1
`
`UNITED STATES DISTRICT COURT
`
`Southern District of New York
`
`UNITED STATES OF AMERICA
`v.
`
`Tengiz Khukhiashvili
`
`THE DEFENDANT:
`
`)
`)
`)
`
`;
`i
`
`)
`)
`
`JUDGMENT IN A CRIMINAL CASE
`
`Case Number: 18-cr—509-1 0
`USM Number: 26178-017
`
`
`Jill R. Shellow; AUSA Matthew Jo Chamberlin Hellman
`Defendant’s Attorney
`
`lZl pleaded guilty to count(s)
`
`
`one 11)
`
`D pleaded nolo contendere to count(s)
`which was accepted by the court.
`
`g
`,
`_
`g
`
`
`
`D was found guilty on count(s)
`after a plea of not guilty.
`
`Date
`
`The defendant is adjudicated guilty ofthese offenses:
`
`Title & Section
`
`Nature of Offense
`
`Offense Ended
`
`Count
`
`18 U.S.C. § 1349
`
`Conspiracy to Commit Wire Fraud
`
`6/1/2018
`
`one (1)
`
`The defendant is sentenced as provided in pages 2 through
`the Sentencing Reform Act of 1984.
`
`9
`
`of this judgment. The sentence is imposed pursuant to
`
`l] The defendant has been found not guilty on count(s)
`
`two (2)
`
`lZl Count(s)
`
`ill is
`
`
`g
`g
`.
`
`D are dismissed on the motion ofthe United States.
`
`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 untilall fines, restitutionzcosts, and special assessments 1mposed by thiSjudgment are fu ly paid. Ifordered to pay restitution,
`the defendant must notify the court and United States attorney of material changes in economic c1rcumstances.
`
`
`(SIS/2020
`
`VDate of Imposition of Judgment
`
`5 9mg
`
`
`George B. Daniels, U.S. District Judge
`Name and Title ofJudge
`
`6/3/2020
`
`

`

`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 2 of 9
`Case 1:18-cr-00509—GBD Document 581 Filed 06/03/20 Page 2 of 9
`
`A0 2458 (Rev. 09/19) Judgment in Criminal Case
`Sheet 2 — Imprisonment
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER:
`18—Cr-509-1 O
`
`Judgment 7 Page
`
`
`2
`
`of
`
`9
`
`IMPRISONME NT
`
`The defendant is hereby committed to the custody ofthe Federal Bureau of Prisons to be imprisoned for a
`total term of:
`twenty-four (24) months
`
`|:l The court makes the following recommendations to the Bureau of Prisons:
`
`The defendant is remanded to the custody of the United States Marshal.
`
`l:l The defendant shall surrender to the United States Marshal for this district:
`
`E at
`
` E as notified by the United States Marshal.
`
`El
`
`a.m.
`
`|:l pm.
`
`on
`
`
`
`[:l The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
`
`
`
`C before 2 pm. on
`
`E as notified by the United States Marshal.
`
` E as notified by the Probation or Pretrial Services Office.
`
`I have executed thisjudgment as follows:
`
`RETURN
`
`Defendant delivered on
`
`7 7
`7
`
`at
`
`
`7 77
`to
`7 7
`7
`777 777
`7 7
`
`, with a certified copy of thisjudgment.
`
`
`
`T”
`
`UNITED STATES MARS‘HKLW 7 “W
`
`By
`
`
`DEPUTY UNITEb STATES MARSHAL
`
`
`
`
`
`

`

`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 3 of 9
`Case 1:18-cr-00509—GBD Document 581 Filed 06/03/20 Page 3 of 9
`
`Judgment in a Criminal Case
`A0 2458 (Rev. 09/19)
`
`Sheet 3 — Supervised Release
`
`Judgment—Page _)3 of W9
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER:
`18-er-509-10
`
`SUPERVISED RELEASE
`
`Upon release from imprisonment, you will be on supervised release for a term of:
`
`three (3) years.
`
`MANDATORY CONDITIONS
`
`1.
`VJN
`
`4.
`
`5.
`6.
`
`7.
`
`You must not commit another federal, state or local crime.
`You must not unlawfully possess a controlled substance.
`You must refrain from any unlawful use ofa 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.
`m The above drug testing condition is suspended, based on the court's determination that you
`pose a low risk of future substance abuse. (check ifapplicable)
`M You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
`restitution. (check ifapplicab/e)
`M You must cooperate in the collection of DNA as directed by the probation officer. (check ifapplicable)
`El 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 ofa qualifying offense. (check ifapp/icable)
`El You must participate in an approved program for domestic violence. (check if applicable)
`
`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.
`
`
`
`
`
`

`

`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 4 of 9
`Case 1:18—cr-00509—GBD Document 581 Filed 06/03/20 Page 4 of 9
`
`Judgment in a Criminal Case
`A0 2458 (Rev. 09/19)
`
`Sheet 3A a Supervised Release
`
`Z
`of
`g
`
`Judgmentipage
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER: 18-cr-509-10
`
`STANDARD CONDITIONS OF SUPERVISION
`
`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 about, and bring about improvements in your conduct and condition.
`
`1.
`
`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.
`
`2.
`
`3.
`
`4.
`5.
`
`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. Ifyou 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 ofa 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 yourjob
`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.
`If you know someone has been
`You must not communicate or interact with someone you know is engaged in criminal activity.
`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.
`9.
`10. 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).
`11. 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 ofthe court.
`12. You must follow the instructions ofthe probation officer related to the conditions of supervision.
`
`6.
`
`7.
`
`8.
`
`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 ofthis
`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
`
`
`
`
`
`
`
`

`

`A0 245B (Rev, 09/19)
`
`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 5 of 9
`Case 1:18—cr-00509—GBD Document 581 Filed 06/03/20 Page 5 of 9
`Judgment in a Criminal Case
`Sheet 3D — Supervised Release
`
`Judgment—Page 77757
`
`of
`
`.
`
`.. 9
`
`,.
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER: 18—cr-509-1 0
`
`SPECIAL CONDITIONS OF SUPERVISION
`
`You must obey the immigration laws and comply with the directives of immigration authorities.
`
`You must provide the probation officer with access to any requested financial information.
`
`You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless
`you are in compliance with the installment payment schedule.
`
`You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication,
`data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if
`needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion
`concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to
`a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject
`to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner.
`
`
`
`
`
`

`

`
`
`
`
`
`
`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 6 of 9
`Case 1:18-cr-00509—GBD Document 581 Filed 06/03/20 Page 6 of 9
`A0 2458 (Rev, 09/19)
`Judgment in a Criminal Case
`Sheet 4A — Probation
`Judgment—Page
`6
`of
`
`9
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER: 18—cr-509-1 0
`
`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.
`
`2.
`
`9‘7“
`
`11.
`
`12.
`
`You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours ofthe time
`you were sentenced, 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. Ifyou 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 ofa 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. Ifyou plan to change where you work or anything about your work (such as your position or yourjob
`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 ofa 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 ofthe court.
`You must follow the instructions of the probation officer related to the conditions of supervision.
`
`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 ofProbation and Supervised
`Release Conditions, available at: www.uscourts.gov.
`
`Defendant's Signature
`
`Date
`
`

`

`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 7 of 9
`Case 1:18-cr-00509—GBD Document 581 Filed 06/03/20 Page 7 of 9
`
`A0 245B (Rev, 09/19)
`
`Judgment in a Criminal Case
`Sheet 5 # Criminal Monetary Penalties
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER: 18-Cr—509-1 O
`
`Judgment 7 Page
`
`7 i of
`
`9
`
`CRIMINAL MONETARY PENALTIES
`
`The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
`
`TOTALS
`
`Assessment
`5% 100.00
`
`Restitution
`$ 254,441.00
`
`Fine
`$ 0.00
`
`AVAA Assessment*
`
`JVTA Assessment**
`
`$
`
`$
`
`1:] The determination ofrestitution is deferred until
`entered after such determination.
`
`. An Amended Judgment
`
`in a Criminal Case (A0 245C) will be
`
`m 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 approximatelgbpro ortioned ayment, unless specified otherwise in
`the priority order or percentage payment column elow. However, pursuant to 18
`.S.
`. § 3664 i), all nonfederal Victims must be paid
`before the United States is paid.
`
`Name of Payee
`
`Total L0ss***
`
`Restitution Ordered
`
`Priority or Percentage
`
`H.J.K.
`
`J.M.G.
`
`G.L.D.
`
`D.J.M.
`
`B.B.
`
`A.&C.N.
`
`G.D.S.
`
`L.M.L.
`
`M.&K.L.
`
`0.0.
`
`$28,800.00
`
`$16,000.00
`
`$5,500.00
`
`$15,000.00
`
`$7,600.00
`
`$62,040.00
`
`$9,200.00
`
`$28,800.00
`
`$16,000.00
`
`$5,500.00
`
`$15,000.00
`
`$7,600.00
`
`$62,040.00
`
`$9,200.00
`
`$12,440.00
`
`$12,440.00
`
`$6,500.00
`
`$6,800.00
`
`$6,500.00
`
`$6,800.00
`
`[:1
`
`Restitution amount ordered pursuant to plea agreement
`
`5
`
`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 ofthejudgment, pursuant to 18 U.S.C. § 3612(f). All ofthe payment options on Sheet 6 may be subject
`to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
`
`1:]
`
`The court determined that the defendant does not have the ability to pay interest and it is ordered that:
`
`1:]
`
`the interest requirement is waived for the
`
`1:]
`
`fine D restitution.
`
`[:1
`
`the interest requirement for the
`
`[:1
`
`fine
`
`[:1
`
`restitution is modified as follows:
`
`* Amy, Vicky, and Andy Child Porno rapiPI Victim Assistance Act of 2018, Pub. L. No. 115-299.
`.
`'
`** Justice for Victims o Traffickin
`ct o 2015, Pub. L. No. 114-22.
`*** Findings for the total amount 0 losses are re uired under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
`or after September 13, 1994, but before April 23, 996,
`
`
`
`

`

`
`
`
`
`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 8 of 9
`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 8 of 9
`A0 245B (Rev. 09/19)
`Judgment in a Criminal Case
`
`Sheet SB ~ Criminal Monetary Penalties
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER: 18—cr-509-1 0
`
`Judgment—Page
`
`8
`
`of
`
`9
`
`Name of Payee
`
`N.C.O.
`
`D.R.F.
`
`B.M./M.L.S. LLC
`
`W.&K.G.
`
`J.T.&C.T.C. LLC
`
`C.L.G.
`
`S.C.C. Ltd.
`
`ADDITIONAL RESTITUTION PAYEES
`
`Total Loss"
`
`Restitution Ordered
`
`$5,100.00
`
`$5,100.00
`
`Priority or
`Percentage
`
`$27,886.00
`
`$27,886.00
`
`$9,200.00
`
`$9,200.00
`
`$14,000.00
`
`$14,000.00
`
`$9,200.00
`
`$9,800.00
`
`$9,200.00
`
`$9,800.00
`
`$12,975.00
`
`$12,975.00
`
`* Findings for the total amount oflosses are required under Chapters 109A7 110, 110A, and 113A ofTitle 18 for offenses committed on
`or after September 13, 1994, but before April 23, 1996.
`
`

`

`Case 1:18-cr-00509-GBD Document 581 Filed 06/03/20 Page 9 of 9
`Case 1:18—cr-00509—GBD Document 581 Filed 06/03/20 Page 9 of 9
`A0 245B (Rev, 09/19)
`Judgment in a Criminal Case
`
`Sheet 6 7 Schedule ofPayments
`
`Judgment —— Page
`
`9
`
`of
`
`9
`
`DEFENDANT: Tengiz Khukhiashvili
`CASE NUMBER:
`18-cr-509—1 0
`
`SCHEDULE OF PAYMENTS
`
`Having assessed the defendant’s ability to pay, payment ofthe total criminal monetary penalties is due as follows:
`
`A m Lump sum payment of$ #100007
`
`due immediately, balance due
`
`E]
`E]
`
`not laterthan rm ,or
`in accordancewith E] C,
`E] D,
`E]
`E, or
`
`D Fbelow; or
`
`E]
`
`Payment to begin immediately (may be combined with
`
`E] C,
`
`E] D, or
`
`D F below); or
`
`B
`
`C
`
`E]
`
`D
`
`E]
`
`
`
`
`
`over a period of
`g“
`7 , "7 (e. g, weekly, monthly, quarter/y) installments of $
`Payment in equal
`7,"...
`(e.g., months or years), to commence
`fl
`_
`,,
`(e.g., 30 or 60 days) after the date ofthis judgment; or
`
`
`over a period of
`fl
`(e. g., weekly, monthly, quarter/y) installments of $
`Payment in equal
`
`(e.g.. months or years), to commence
`(eg, 30 or 60 days) after release from imprisonment to a
`term of supervision; or
`
`
`
`E
`
`F
`
`(e.g., 30 or 60 days) after release from
`D Payment during the term of supervised release will commence within
`imprisonment. The court will set the payment plan based on an assessment ofthe defendant’s ability to pay at that time; or
`
`E]
`
`Special instructions regarding the payment of criminal monetary penalties:
`
`Unless the court has expressly ordered otherwise, ifthisjud merit imposes imprisonment, pa merit ofcriminal monetary penalties is due during
`the period of imprisonment. All criminal monetary pena ties, except those payments ma e through the Federal Bureau of Prisons’ Inmate
`Financ1al ResponSibility Program, are made to the clerk ofthe court.
`
`The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
`
`El
`
`Joint and Several
`
`Case Number
`Defendant and Co-Defendant Names
`(including defendant number)
`
`Total Amount
`
`.
`JOint and Several
`Amount
`
`'
`Corresponding. Payee,
`if appropriate
`
`E]
`
`The defendant shall pay the cost of prosecution.
`
`El
`
`E]
`
`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:
`$241,006.00
`
`Payments shall be a plied in the following order: (1) assessment, 2) restitution princigpal, (3) restitution interest, (4) AVAA assessment,
`(5) fine principal, (
`) fine interest, (7) community restitution, (8) J TA assessment, ( ) penalties, and (10) costs, including cost of
`prosecution and court costs.
`
`
`
`
`
`