`
`
`
`A0 245B (Rev. 09/19)
`
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 1 of 8
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 1 of 8
`Judgment in a Criminal Case
`(form mOdifiCd Within District on SCDI- 30, 2019)
`Sheet 1
`
`UNITED STATES DISTRICT COURT
`
`Southern District of New York
`
`JUDGMENT IN A CRIMINAL CASE
`
`Case Number:
`
`18—cr—509-12
`
`USMNumber: 85958-054
`
`IOW WWI?
`Defendant’s Attorney
`
`)
`
`) ) ) ) 3
`
`) )
`
`UNITED STATES OF AMERICA
`V.
`
`Mishel Levinski
`
`THE DEFENDANT:
`
`one (1)
`
`21 pleaded guilty to count(s)
`
` 3 was found guilty on count(s)
`
`j pleaded nolo contendere to count(s)
`which was accepted by the court.
`
`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
`
`7/24/2018
`
`one (1)
`
`The defendant is sentenced as provided in pages 2 through
`the Sentencing Reform Act of 1984.
`
`
`8
`
`7
`
`7, of this judgment. The sentence is imposed pursuant to
`
`j The defendant has been found not guilty on count(s)
`
` Z Count(s)
`
`tvyor(72)
`
`,, E]
`
`is
`
`M 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 malling address untllall fines, rest1tut10n,_costs, and spec1al assessments Imposed by thISJudgment are fu ly pald. Ifordered to pay restltutlon,
`the defendant must notify the court and Unlted States attorney of materlal changes In economlc circumstances.
`
`TDate oflmposig'r n of Judgment
`
`5/27/2021”
`
`
` Signature
`
`,_,.,,,, 75/27/2021
`
`George B. Daniels, US District Judge
`Name and Title ofJudge
`J
`SSSSS
`
`
`Date
`
`
`
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 2 of 8
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 2 of 8
`A0 2458 (Rev. 09/19) Judgment in Criminal Case
`
`Sheet 2 — Imprisonment
`
`Judgment— Page
`
`2
`
`of
`
`8
`
`DEFENDANT: MishelLevinski
`CASE NUMBER:
`18—cr—509-12
`
`The defendant is hereby committed to the custody ofthe Federal Bureau of Prisons to be imprisoned for a
`
`total term of:
`time—served.
`
`IMPRISONMENT
`
` C The court makes the following recommendations to the Bureau of Prisons:
`
`:J The defendant is remanded to the custody of the United States Marshal.
`
` :J The defendant shall surrender to the United States Marshal for this district:
`
`i:
`
`at
`
`W
`
` C as notified by the United States Marshal.
`
`
`C am.
`
`[:1 pm.
`
`on
`
` C The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
`
` C before 2 pm. on
`
`[i
`
`as notified by the United States Marshal.
`
`[:1
`
`as notified by the Probation or Pretrial Services Office.
`
`I have executed this judgment as follows:
`
`RETURN
`
`Defendant delivered on
`
`,,
`
`to
`
`at
`
`,,
`
`, with a certified copy ofthisjudgment.
`
`’ UNITED STATES MARSHAL
`
`DEPUTY UNITED STATES MARSHAL ’
`
`
`
`
`
`
`A0 24513 (Rev. 09/19)
`
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 3 of 8
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 3 of 8
`Judgment in a Criminal Case
`Sheet 3 — Supervised Release
`
`DEFENDANT: Mishel Levinski
`
`CASE NUMBER:
`
`18—cr—509-12
`
`SUPERVISED RELEASE
`
`Upon release from imprisonment, you will be on supervised release for a term of:
`
`Three (3) years.
`
`MANDATORY CONDITIONS
`
`l.
`
`2.
`3.
`
`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.
`
`
`
`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/zcab/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/icab/e)
`
`Z You must cooperate in the collection of DNA as directed by the probation officer. (check ifappllcable)
`
`
`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 l'fapp/lcab/e)
`_ You must participate in an approved program for domestic violence. (checkifapplicable)
`
`
`
`
`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 729 Filed 05/27/21 Page 4 of 8
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 4 of 8
`
`Judgment in a Criminal Case
`A0 2458 (Rev. 09/19)
`
`Sheet 3A — Supervised Release
`
`WWW
`DEFENDANT: Mishel Levinski
`CASE NUMBER: 18-cr-509-12
`
`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.
`'Jl
`
`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 ofbecoming 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 ofyour 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. lfyou 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 ofa felony, you must not knowingly communicate or interact with that person without first getting the permission ofthe
`probation officer.
`lfyou 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).
`l 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 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 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 (fondilions, available at: www.uscourts.gov.
`
`Defendant's Signature
`
`7
`
`.
`
`,,
`
`7
`
`Date
`
`
`
`
`
`
`
`
`
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 5 of 8
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 5 of 8
`
`A0 24513 (Rev 09/19)
`
`Judgment in a Criminal Case
`Sheet 38 * Supervised Release
`
`DEFENDANT: MishelLevinski
`
`CASE NUMBER:
`
`18—Cr—509-12
`
`Judgment—Page
`
`5
`
`of
`
`Q
`
`You must complete five hundred (500) hours of community service.
`
`ADDITIONAL SUPERVISED RELEASE TERMS
`
`
`
`
`
`A0 2458 (Rev. 09/19)
`
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 6 of 8
`Case 1:18rci'699509-GBD Document 729 Filed 05/27/21 Page 6 of 8
`Judgment in a Crimina
`Sheet 3D — Supervised Release
`
`Judgment—«Page
`
`6
`
`of
`
`M
`
`8
`
`DEFENDANT: Mishel Levinski
`CASE NUMBER: 18—cr-509-12
`
`You must provide the probation officer with access to any requested financial information.
`
`SPECIAL CONDITIONS OF SUPERVISION
`
`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 must be monitored by the form of location monitoring indicated below for a period of 12 months and must abide by all
`technology requirements. You must pay all or part of the costs of participation in the location monitoring program as
`directed by the court and the probation officer.
`
`_X_Location monitoring technology at the discretion of the officer
`
`The selected form of location monitoring technology must be utilized to monitor the following restriction on your movement
`in the community as well as other court-imposed conditions of release:
`
`_X_You are restricted to your residence at all times except for employment; education;re|igious services; medical,
`substance abuse, or mental health treatment; attorney visits; Court appearances; Court—ordered obligations; or other
`activities as preapproved by the officer (Home Detention).
`
`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.
`
`
`
`
`
`A0 2458 (Rev 09/19)
`
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 7 of 8
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 7 of 8
`Judgment in a Criminal Case
`Sheet 5 — Criminal Monetary Penalties
`
`Judgment — Page
`
`7
`
`of
`
`8
`
`DEFENDANT: Mishel Levinski
`CASE NUMBER: 18-Cr-509-12
`
`CRIMINAL MONETARY PENALTIES
`
`The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
`
`TOTALS
`
`Assessment
`8 100.00
`
`Restitution
`$ 94,416.00
`
`Fine
`
`$
`
`AVAA Assessment*
`
`JVTA Assessment“
`
`3
`
`$
`
`
`
`
`
`
`
`
`
`
`The determination ofrestitution is deferred until
`entered after such determination.
`
`,
`
`An Amended Judgment
`
`in a Criminal Case (A0 245C) will be
`
`The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
`
`lfthe defendant makes a partial payment, each payee shall receive an approximatelyUpro 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 15 paid.
`
`Name of Payee
`
`Total Loss***
`
`Restitution Ordered
`
`Priority or Percentage
`
`Separate restitution order filed under seal
`
`$94,416.00
`
`TOTALS
`
`
`
`
`$
`
`7
`
`7
`
`fl
`
`0.00
`
`$7,,
`
`7 woo”,
`
`Restitution amount ordered pursuant to plea agreement
`
`$
`
`The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
`fifteenth day after the date ofthejudgment, pursuant to 18 U.S.C. § 3612(0. All ofthe payment options on Sheet 6 may be subject
`to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
`
`
`
`
`
`
`
`
`
`
`
`
`The court determined that the defendant does not have the ability to pay interest and it is ordered that:
`
`
`
`
`
`
`
`
`
`
`
`
`
`the interest requirement is waived for the
`
`
`
`
`
`the interest requirement for the
`
`fine
`
`El
`
`* Amy, Vicky, and Andy Child Pornooraph Victim Assistance Act of 2018, Pub. L. No. 115-299.
`.
`** Justice for Victims o Traffickin Xct o 2015, Pub. L. l\0. ll4—22.
`*** Findings for the total amount 0 losses are re uired under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
`or after September 13, 1994, but before April 23, 996.
`
`fine
`
`
`
`
`restitution.
`
`restitution is modified as follows:
`
`
`
`
`
`
`
`
`
`A0 2458 (Rev, 09/19)
`
`Case 1:18-cr-00509-GBD Document 729 Filed 05/27/21 Page 8 of 8
`Case 1:18-aer 00509—GBD Document 729 Filed 05/27/21 Page 8 of 8
`Judgment in a Crimin
`C-asc
`Sheet 6 —‘ Schedule of Payments
`
`“wwm
`DEFENDANT: Mishel Levinski
`CASE NUMBER: 18-Cr-509-12
`
`Having assessed the defendant‘s ability to pay, payment of the total criminal monetary penalties is due as follows:
`
`SCHEDULE OF PAYMENTS
`
`A m Lump sum payment of$
`
`
`
`
`Z]
`
`
`WWWWW WWWW ,r , or
`not later than
`
`
`
`
`
`
`C,
`in accordance with
`D,
`j E, or
`
`100.00
`
`due immediately, balance due
`
`[II F below; or
`
`
`j C,
`
`
`
`I D, or
`
`
`
`:1 F below); or
`
`
`_ Payment to begin immediately (may be combined with
`
`
`
`
`B
`
`C
`
`D
`
`E
`
`F
`
`
`over a period of
`(e.g., weekly, monthly, quarterly) installments of $
`_ Payment in equal
`(ag, months 01” years), to commence
`(e.g.. 30 or 60 days) after the date of this judgment; or
`
`W (e.g., weekly, monthly, quarter/y) installments of $ WW W over a period of
`WWW
`Payment in equal
`, W (e.g., months Dryeal‘s), to commence
`W
`('eg., 30 or 60 days) after release from imprisonment to a
`term of supervision; or
`
`
`
`W (e.g.. 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 assessmegntiofthe defendant’s ability to pay at that time; or
`
`
`
`E Special instructions regarding the payment of criminal monetary penalties:
`See Consent Order of Restitution
`
`Unless the court has expressly ordered otherwise, ifthisjud ment imposes imprisonment, pa ment 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
`Financial 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.
`
` 3 Joint and Several
`
`Case Number
`Defendant and Co—Defendant Names
`(including defendant number)
`
`Total Amount
`
`.
`Jotnt and Several
`Amount
`
`_
`Corresponding. Payee,
`if appropriate
`
`
`
`The defendant shall pay the cost of prosecution.
`
`
`
`
` Z The defendant shall forfeit the defendant’s interest in the following property to the United States:
`
`The defendant shall pay the following court cost(s):
`
`$180,310, See Consent Preliminary Order of Forfeiture/Money Judgment
`
`Payments shall be applied in the following order: (1) assessment, (2) restitution princiJ3al, (3) restitution interest, (4) AVAA assessment,
`(5) fine prinCipal, (
`) fine interest, (7) community restitution, (8) JVTA assessment, (
`) penalties, and (10) costs, including cost of
`prosecution and court costs.
`
`
`
`