United States
v.
Schrum

This case is not covered by Casetext's citator
United States District Court Eastern District of MissouriMay 30, 2012
CASE NUMBER: 4:12-cr-Q0045-HEA (E.D. Mo. May. 30, 2012)

CASE NUMBER: 4:12-cr-Q0045-HEA USM Number: 39273-044

05-30-2012

UNITED STATES OF AMERICA v. JASON SCHRUM

Charles H. Billings Defendant's Attorney


JUDGMENT IN A CRIMINAL CASE

Charles H. Billings


Defendant's Attorney


THE DEFENDANT:

[×] pleaded guilty to count(s) One(l) of the information on 2/08/2012

[] 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:

+-----------------------------------------------------------------------------+ ¦ ¦ ¦Date Offense ¦Count ¦ ¦ Title & Section ¦ Nature of Offense ¦ ¦ ¦ ¦ ¦ ¦ Concluded ¦ Number(s) ¦ +-------------------------+----------------------+----------------+-----------¦ ¦18 U.S.C. § 1030(a)(5)(A)¦FRAUD ACTIVITY ¦ ¦ ¦ ¦and 18 ¦CONNECTED WITH ¦July 2011 ¦One(l) ¦ ¦ ¦ ¦ ¦ ¦ ¦U.S.C. § 1030(c)(4)(B) ¦COMPUTERS ¦ ¦ ¦ +-----------------------------------------------------------------------------+

The defendant is sentenced as provided in pages 2 through 6 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) ___

[] Count(s) ___dismissed on the motion of the 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 until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.

May 30, 2012


Date of Imposition of Judgment


____________


signature of Judge


Honorable Henry E. Autrey


United States District Judge


Name & Title of Judge

PROBATION

The defendant is hereby sentenced to probation for a term of:

3 years.

The defendant shall not commit another federal, state, or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The Defendant shall 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 the defendant poses a low risk of future substance abuse. (Check, if applicable.)

The defendant shall not possess a firearm , destructive device, or any other dangerous weapon. (Check, if applicable.) [] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable)

[] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)

[] The Defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or a restitution obligation, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

The defendant shall comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first

five days of each month;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;

6) the defendant shall notify the probation officer ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchas, possess, use, distribute, or administer any controlled substance or paraphernalia related to any controlled substances, except as prescribed by a physician:

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

SPECIAL CONDITIONS OF SUPERVISION

The defendant shall participate in a drug and alcohol abuse treatment program approved by the Probation Office, which may include substance abuse testing, counseling, Residential Re-Entry Center placement, residential or inpatient treatment. The defendant shall pay for the costs associated with substance abuse services based on a co-payment fee established by the Probation Office. Co-payments shall never exceed the total cost of services provided.

The defendant shall refrain from any unlawful use of a controlled substance and submit to a drug test within 15 days of commencement of supervision and at least two periodic drug tests thereafter for use of a controlled substance.

The defendant shall participate in a mental health evaluation and shall follow any recommendations of such and/or shall participate in a mental health program approved by the probation office. The defendant shall pay for the costs associated with services provided based on a co-payment fee established by the probation office.

The defendant shall abstain from the use of alcohol and/or all other intoxicants.

The defendant shall participate in a cognitive behavioral treatment program as directed by the probation office. The defendant shall pay for the costs associated with these services based on a co-payment fee established by the probation office.

The defendant shall provide the probation office and the Financial Litigation Unit (FLU) of the U.S. Attorney's Office access to any requested financial information. The defendant is advised that the probation office may share financial information with FLU.

The defendant shall be prohibited from incurring new credit charges or opening additional lines of credit without the approval of the probation office so long as there is a balance on the Court-imposed financial obligation.

The defendant shall apply all monies received from any anticipated and/or unexpected financial gains, including any income tax refunds, inheritances, or judgments, to the outstanding Court ordered financial obligation. The defendant shall immediately notify the probation office of the receipt of any indicated monies.

The defendant shall pay the restitution as previously ordered by the Court.

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on sheet 6

+-----------------------------------------+ ¦ ¦Assessment ¦ Fine ¦ Restitution ¦ +-------+------------+------+-------------¦ ¦Totals:¦$100.00 ¦ ¦$25,227.04 ¦ +-----------------------------------------+

[] The determination of restitution is deferred until ___ An Amended Judgment in a Criminal Case (AO 245C) will be entered after such a 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 proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant ot 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 ¦ +-----------------------+-------------+---------------------+------------------------¦ ¦Axis Worldwide, Attn: ¦ ¦ ¦ ¦ ¦Chris Margiotta, 618 ¦ ¦ ¦ ¦ ¦Spirit Drive, Suite ¦ ¦$15,227.04 ¦ ¦ ¦150, Chesterfield, MO ¦ ¦ ¦ ¦ ¦63005 ¦ ¦ ¦ ¦ +-----------------------+-------------+---------------------+------------------------¦ ¦Travelers Insurance, ¦ ¦ ¦ ¦ ¦Re:Claim No ¦ ¦ ¦ ¦ ¦028FRESA82005P.O. Box¦ ¦$10,000.00 ¦ ¦ ¦3204,Naperville,IL ¦ ¦ ¦ ¦ ¦60566-7204 ¦ ¦ ¦ ¦ +-----------------------+-------------+---------------------+------------------------¦ ¦Totals: ¦ ¦$25,227.04 ¦ ¦ +------------------------------------------------------------------------------------+

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.

[] 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:


THE COURT FINDS that the defendant does not have the ability to pay a fine in addition to mandatory restitution.

ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES

Payments of restitution shall be made to the Clerk of the Court for transfer to the victims. It is recommended that the interest requirement for the restitution be waived.

All criminal monetary penalties are due in full immediately. The defendant shall pay all criminal monetary penalties through the Clerk of Court. If the defendant cannot pay in full immediately, then the defendant shall make payments under the following minimum payment schedule: The defendant shall make payments in monthly installments of at least $150.00, or no less than 10% of the defendant's gross earnings, whichever is greater, with payments to commence no later than 30 days from this date. Until all criminal monetary penalties are paid in full, the defendant shall notify the Court and this district's United States Attorney's Office, Financial Litigation Unit, of any material changes in the defendant's economic circumstances that might affect the defendant's ability to pay the criminal monetary penalties. The defendant shall notify this district's United States Attorney's Office, Financial Litigation Unit, of any change of mailing or residence address that occurs while any portion of the criminal monetary penalties remains unpaid.

It is recommended that the defendant participate in the Financial Responsibility Program.

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A [×] Lump sum payment of $25,327.04 due immediately, balance due

[] not later than ___ , or
[] in accordance [] C,[] D, [] E, or [×] F below; or


B
[] Payment to begin immediately (may be combined with [] C, [] D, or [] F below); or

C [] 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

D [] 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

E [] 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

F [×] Special instructions regarding the payment of criminal monetary penalties:

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $100, which shall be due immediately. Restitution ordered in amount of $25,227.04 shall be paid as set out on page 5 of this judgment.


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 penalty payments, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program are made to the clerk of the court.

The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.

[] Joint and Several

Defendant and Co-defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and 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) fine principal, (5)fine interest (6) community restitution.(7) penalties, and (8) costs, including cost of prosecution and court costs.

UNITED STATES MARSHAL

RETURN OF JUDGMENT IN A CRIMINAL CASE

I have executed this judgment as follows: ____________

The Defendant was delivered on ___ to ___ at ___ , with a certified copy of this judgment.

________________________


UNITED STATES MARSHAL


____________


Deputy U.S. Marshal


[] The Defendant was released on ___ to ___ Probation

[] The Defendant was released on ___ to ___ Supervised Release

[] and a Fine of ___ [] and Restitution in the amount of ___

________________________


UNITED STATES MARSHAL


____________


Deputy U.S. Marshal


I certify and Return that on ___, I took custody of

at ___ and delivered same to ___

on ___ F.F.T ___

U.S. MARSHAL E/MO

By DUSM ___