Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 1 of 9
`Case 1:18—cr-00509-GBD Document 591 Filed 06/11/20 Page 1 of 9
`
`A0 2458 (Rev. 09/19)
`
`Judgment in a Criminal Case
`Sheet 1
`
`(form modified within District on Sept. 30, 2019)
`
`UNITED STATES DISTRICT COURT
`
`Southern District of New York
`
`UNITED STATES OF AMERICA
`
`V.
`
`Salman Poddubnov
`
`THE DEFENDANT:
`
`3
`
`)
`
`3
`3
`
`)
`)
`
`JUDGMENT IN A CRIMINAL CASE
`
`Case Number: 18-cr-509-31
`USM Number: 78258-112
`
`
`Victor L Shulov; AUSA Daniel George Nessim
`Defendant’s Attomey
`
`Mpleaded guilty to count(s)
`
`
`one (1)
`
`13 pleaded nolo contendere to count(s)
`which was accepted by the court.
`
`
`
`
`E] was found guilty on count(s)
`after a plea of not guilty.
`
`
`
`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
`
`6/5/2019
`
`one (1)
`
`The defendant is sentenced as provided in pages 2 through fl 9
`the Sentencing Reform Act of 1984.
`
`of this judgment. The sentence is imposed pursuant to
`
`El The defendant has been found not guilty on count(s)
`
`_,
`g
`
`[j Count(s)
`
`1:]
`
`
`
`is
`
`[j 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 ofany change ofname, residence,
`_
`.
`or mailing address until all fines, restitutionzcosts, and special assessments imposed by this judgment are fu 1y paid. If ordered to pay restitution,
`the defendant must notify the court and United States attorney of material changes In economic Circumstances.
`
`Date of Imposition of Judgment
`
`6/1 1/2020 1
`
`
`
`, MI“ fem-'3
`Signat {Margy
`-
`_,
`“if .J- .A"
`
`.1
`
`..
`
`_
`”v _
`(13'1” A}; J M
`‘George B. Daniels, US. District Judge
`LDL‘O I "’33 Ei-
`Name and Title ofJudge
`
`., WNW .
`2020 Agggmt‘
`Dt
`.
`6/11/2020
`,
`
`
`.
`
`‘
`
`

`

`Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 2 of 9
`Case 1:18—cr-00509-GBD Document 591 Filed 06/11/20 Page 2 of 9
`
`A0 245B (Rev 09/19) Judgment in Criminal Case
`
` Sheet 2 1 Imprisonment
`
`2_
`
`JudgmentiPage
`
`of
`
`__
`
`9
`
`DEFENDANT:
`CASE NUMBER:
`
`Salman Poddubnov
`18-cr—509-31
`
`The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
`total term of:
`twelve (12) months
`
`IMPRISONMENT
`
`Cl The court makes the following recommendations to the Bureau of Prisons:
`
`m The defendant is remanded to the custody of the United States Marshal.
`
`E] The defendant shall surrender to the United States Marshal for this district:
`
`1 at
`
`
`
`J
`
` j as notified by the United States Marshal.
`
`W_El
`
`a.m.
`
`El pm.
`
`on
`
`E] The defendant Shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
`
`1 before 2 pm. on
`
`3 as notified by the United States Marshal.
`
` j as notified by the Probation or Pretrial Services Office.
`
`I have executed this judgment as follows:
`
`RETURN
`
`Defendant delivered on 7,,
`
`.
`,_
`fl 1
`
`at
`
`"777" 7,1
`
`77* to
`
`,7“,
`
`
`7
`
`, with a certified copy of thisjudgment.
`
`
`UNITED STATES MARSHAL
`
`By
`
`
`WDEPUTY UNITED STATES MARSHAL" ‘
`
`
`
`

`

`Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 3 of 9
`Case 1:18—cr-00509-GBD Document 591 Filed 06/11/20 Page 3 of 9
`
`Judgment in a Criminal Case
`A0 245B (Rev. 09/19)
`
`Sheet 3 — Supervised Release
`
`“WE——
`DEFENDANT: Salman Poddubnov
`CASE NUMBER:
`18-cr-509—31
`
`SUPERVISED RELEASE
`
`Upon release from imprisonment, you will be on supervised release for a term of:
`
`three (3) years.
`
`
`
`MANDATORY CONDITIONS
`
`1.
`UJN
`
`4.
`
`5.
`
`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 ifapp/rcab/e/
`Z You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
`restitution. (check ifapp/icable)
`Z You must cooperate in the collection of DNA as directed by the probation officer. (check ifapplicable)
`_ You must comply with the requirements ofthe 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/icab/e)
`:l You must participate in an approved program for domestic violence. (Check ifapplicable)
`
`
`
`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 591 Filed 06/11/20 Page 4 of 9
`Case 1:18—cr-00509—GBD Document 591 Filed 06/11/20 Page 4 of 9
`
`A0 245B (Rev. 09/19)
`
`Judgment in a Criminal Case
`Sheet 3A — Supervised Release
`
`EFENDANT: Salman Poddubnov
`CASE NUMBER: 18-cr-509-31
`
`ED
`
`
`
`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 ofyour
`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 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.
`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).
`1 1. 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.
`l2. You must follow the instructions ofthe probation officer related to the conditions of supervision.
`
`6.
`
`7.
`
`8.
`
`U.S. Probation Office Use Only
`
`A US. 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
`
`7,
`
`.
`
`‘
`
`.
`
`Date 7
`
`

`

`A0 2458 (Rev, 09/19)
`
`Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 5 of 9
`Case 1:18—cr-00509-GBD Document 591 Filed 06/11/20 Page 5 of 9
`Judgment in a Criminal Case
`Sheet 3D — Supervised Release
`
`Jud gment—Page
`
`57 of
`
`9
`
`DEFENDANT: Salman Poddubnov
`CASE NUMBER: 18-cr-509—31
`
`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 591 Filed 06/11/20 Page 6 of 9
`Case 1:18—cr-00509-GBD Document 591 Filed 06/11/20 Page 6 of 9
`A0 2458 (Rev. 09/19)
`Judgment in a Criminal Case
`Sheet 4A 7 Probation
`
`
`Jud gmentiPage
`
`6
`
`of
`
`9
`
`DEFENDANT: Salman Poddubnov
`CASE NUMBER: 18-cr-509-31
`
`US. Probation Office Use Only
`
`A US. 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 ofProbation and Supervised
`Release Conditions, available at: www.uscourts.gov.
`
`Defendant's Signature
`
`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.
`
`b.)
`
`5"?
`
`6.
`
`7.
`
`8.
`
`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. 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 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 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.
`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 of the court.
`12. You must follow the instructions ofthe probation officer related to the conditions of supervision.
`
`Date
`
`

`

`Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 7 of 9
`Case 1:18-cr-00509—GBD Document 591 Filed 06/11/20 Page 7 of 9
`
`A0 245B (Rev. 09/19)
`
`Judgment in a Criminal Case
`Sheet 5 — Criminal Monetary Penalties
`
`DEFENDANT: Salman Poddubnov
`CASE NUMBER: 18—cr-509-31
`
`Judgment 7 Page
`
`7
`
`of
`
`9
`
`CRIMINAL MONETARY PENALTIES
`
`The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
`
`TOTALS
`
`Assessment
`$ 100.00
`
`Restitution
`$ 144,673.35
`
`Fine
`$ 0.00
`
`AVAA Assessment*
`
`JVTA Assessment**
`
`$
`
`$
`
`[3 The determination of restitution is deferred until
`entered after such determination.
`
`. An Amended Judgment
`
`in a Criminal Case (/10 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 approximatelyjpro ortioned ayment, unless specified otherwise in
`the priority order or percentage payment column elow. However, pursuant to 18
`.S.
`. § 3664 1), all nonfederal victims must be paid
`before the United States IS paid.
`
`Name of Payee
`
`Total Loss***
`
`Restitution Ordered
`
`Priority or Percentage
`
`Jeff SagaI/Topside Restaurants Inc
`
`$10,381.00
`
`$10,381.00
`
`Wayne Kiefer
`
`Javier Flores/Javier Concrete Work
`
`Jelene Company
`
`Mike McAIlister
`
`Stephen Sparrow
`
`Lorenzo M. Lasley
`
`Osvaldo Rubini
`
`Piotr Filipik
`
`Clint C. Fasse
`
`$6,666.67
`
`$3,066.67
`
`$1,133.33
`
`$2,000.00
`
`$4,325.00
`
`$4,166.67
`
`$9,166.67
`
`$10,666.67
`
`$833.33
`
`$6,666.67
`
`$3,066.67
`
`$1,133.33
`
`$2,000.00
`
`$4,325.00
`
`$4,166.67
`
`$9,166.67
`
`$10,666.67
`
`$833.33
`
`TOTALS
`
`8 MM& $
`
`144,673.35
`
`[3
`
`Restitution amount ordered pursuant to plea agreement
`
`$
`
`[3
`
`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 thejudgment, 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).
`
`[j
`
`The court determined that the defendant does not have the ability to pay interest and it is ordered that:
`
`[j
`
`the interest requirement is waived for the
`
`[3 fine
`
`[3 restitution.
`
`[j
`
`the interest requirement for the
`
`[3
`
`fine
`
`[3 restitution is modified as follows:
`
`* Amy, Vicky, and And Child Porno raph Victim Assistance Act of 2018, Pub. L. No. 115-299.
`** Justice for Victims 0¥Traff1ckin
`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.
`
`
`
`

`

`A0 2458 (Rev. 09/19)
`
`Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 8 of 9
`Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 8 of 9
`Judgment in a Criminal Case
`Sheet 5B 7 Criminal Monetary Penalties
`
`DEFENDANT: Salman Poddubnov
`CASE NUMBER: 18-cr-509-31
`
`Judgmentel’age
`
`ADDITIONAL RESTITUTION PAYEES
`
`
`8
`
`of
`
`9
`
`Name of Payee
`
`Total Loss*
`
`Restitution Ordered
`
`Priority or
`Percentage
`
`Erste Group Bank AG c/o Anton Weingartner
`
`Mark K. Lane
`
`Jack L. Burns
`
`Victor Delle FaveNV N L Realty Corp
`
`Thomas Kelly/Oceanport Electrical Contracting
`
`Richard A. Sagendorf
`
`Catherine J. Wiggs
`
`Development Resources
`
`Stephen W. Anderson
`
`Brian Vidosh
`
`Adelino Raposa
`
`Ray Rowe
`
`$5,000.00
`
`$3,769.00
`
`$5,000.00
`
`$5,500.00
`
`$5,300.00
`
`$5,000.00
`
`$3,769.00
`
`$5,000.00
`
`$5,500.00
`
`$5,300.00
`
`$12,500.00
`
`$12,500.00
`
`$4,166.67
`
`$8,731.67
`
`$9,466.67
`
`$4,166.67
`
`$8,731.67
`
`$9,466.67
`
`$14,166.67
`
`$14,166.67
`
`$10,833.33
`
`$10,833.33
`
`$7,833.33
`
`$7,833.33
`
`* Findings for the total amount oflosses are required under Chapters 109A, 110, 110A, and 1 13A ofTitle 18 for offenses committed on
`or after September 13, 1994, but before April 23, 1996.
`
`
`
`

`

`Case 1:18-cr-00509-GBD Document 591 Filed 06/11/20 Page 9 of 9
`Case 1:18—cr-00509-GBD Document 591 Filed 06/11/20 Page 9 of 9
`Judgment in a Criminal Case
`A0 2458 (Rev. 09/19)
`Sheet 6 7 Schedule of Payments
`
`9
`
`Judgment 7 Page
`
`of
`
`9
`
`DEFENDANT: Salman Poddubnov
`CASE NUMBER: 18-cr-509-31
`
`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$
`
`1007.970,
`
`7 due immediately, balance due
`
`E]
`E]
`
`not later than
`in accordance with [j C,
`
`E] D,
`
`E]
`
`or
`E, or
`
`E] F below; or
`
`B
`
`C
`
`D
`
`E
`
`F
`
`l3
`
`Payment to begin immediately (may be combined with
`
`Cl C,
`
`l3 D, or
`
`i: F below); or
`
`E]
`
`_ over a period of
`(2g, weekly, monthly, quarter/y) installments of $
`Payment in equal
`..
`(e.g., months oryears), tO commence
`i (e.g., 30 or 60 days) after the date Of this judgment; or
`
`over a period of
`(e. g., weekly, monthly, quarter/y) installments of 3;
`._
`.
`D Payment in equal
`(e,g., months or years), to commence
`J (e.g., 30 or 60 days) after release from imprisonment to a
`term of supervision; or
`
`13
`
`(eg, 30 or 60 days) after release from
`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 ment imposes imprisonment, pa ment ofcriminal monetary penalties is due during
`the period of 1mprisonment. All cr1m1nal monetary pena ties, except those payments ma e through the Federal Bureau of Prisons’ Inmate
`F1nanc1al Responsiblllty 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
`
`.
`Jomt and Several
`Amount
`
`.
`Corresponding. Payee,
`1f appropriate
`
`E]
`
`The defendant shall pay the cost of prosecution.
`
`D The defendant shall pay the following court cost(s):
`
`E]
`
`The defendant shall forfeit the defendant’s interest in the following property to the United States:
`$137,520.57
`
`Payments shall be a plied _in the following order: (1) assessment, 2 restitution princiéaal, (3) restitution interest, (4) AVAA assessment,
`(5) fine princ1pal, (
`fine interest, (7) community restitution, (8) J TA assessment, (
`) penaltles, and (10) costs, including cost of
`prosecution and court costs.
`
`
`
`
`
`