UNITED STATES DISTRICT COURT

Northern District of Alabama

 

UNITED STATES OF AMERICA

V.                                  Case Number CR 03-J-76-M

ANA LORENA PHILLIPS

Defendant.

 

JUDGMENT IN A CRIMINAL CASE

    (For Offense(s) Committed On or After November 1, 1987)

The defendant, ANA LORENA PHILLIPS, was represented by P. Matthew Abbott.

The defendant pleaded guilty to counts 1 and 2. Accordingly, the defendant is adjudged guilty of the following counts, involving the indicated offenses:

Title & Section           Nature of Offense           Count Number

29 U.S.C. 501(c)          Embezzlement                     1

29 U.S.C. 439(c)          False Entry in Records           2

  and Destruction of Records

 

As pronounced on November 12, 2003, the defendant is sentenced as provided in pages 2 through 7 of this Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

It is ordered that the defendant shall pay to the United States a special assessment of $125.00, for Counts 1 and 2, which shall be due immediately.

It is further 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.

Signed this the 13 day of November, 2003

 

                                          /SIGNED/_________

                                          INGE P. JOHNSON

                                          United States District Judge

 

Defendant’s SSAN:

Defendants Date Birth:

Defendant’s address:

 

Dist. Date 11/19/03

___ STATE

___ SECTION                   TRUE COPY:

___ AGENT                     By: /SIGNED/_________

___ VWC

___ FLU

___ ASSET

 

 

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 5 months as to Counts one and two, separately, with each count to be served concurrently with the other.

The defendant shall surrender for service of sentence at the Institution designated by the Bureau of Prisons Tuesday, January 20, 2004 at 9:00A.M. If by that date, no facility has been designated, the defendant shall report to the U.S. Marshal of this District on the same date and time.

 

  RETURN

I have executed this Judgment as follows: _____________________

_____________________________________________________________________

Defendant delivered on ____________to________________ at ____________ ______________with a certified copy of this Judgment.

 

                                    _______________________

United States Marshal

By    _________________________

Deputy Marshal

 

 

  SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 36 months. The Probation Office shall provide the defendant with a copy of the standard conditions and any special conditions of supervised release.

STANDARD CONDITIONS OF SUPERVISED RELEASE

While the defendant is on supervised release pursuant to this Judgment

(1)   The defendant shall not commit another federal, state or local crime; specifically, the defendant shall not illegally possess a controlled substance and shall not own or possess a firearm or destructive device.

(2)   The defendant shall not leave the judicial district without permission of the Court or probation officer.

(3)   The defendant shall report to the probation officer as directed by the Court or probation officer and shall submit a truthful and complete written report within the first five (5) days of each month.

(4)   The defendant shall answer truthfully all inquiries by the probation officer, shall provide the probation officer access to requested financial information, and shall follow the instructions of the probation officer.

(5)   The defendant shall support his or her dependents and meet other family responsibilities.

(6)   The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.

(7)   The defendant shall notify the probation officer ten (10) days prior to any change in residence or employment (On change of residence to a new jurisdiction of a person convicted either of a crime of violence or of a drug trafficking offense, the Probation Office is responsible for complying with the notice provisions of 18 U.S.C. § 4042(b).)

(8)   The defendant shall refrain from excessive use of alcohol, except that a defendant while in the Drug and Alcohol Intensive Counseling and Aftercare Service Program (DAICASP) (or comparable program in another district) shall consume no alcohol. The defendant shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances.

(9)   The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.

(10) 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.

(11) 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 by the probation officer.

(12) The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer.

(13) 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.

(14) The defendant shall comply with any directions from the probation officer to serve notice of third party risks the defendant may pose, and shall cooperate with the officer’s efforts to confirm compliance.

(15) The defendant shall comply with the probation office Policies and Procedures Concerning Court Ordered Financial Obligations to satisfy the balance of any monetary obligation resulting from the sentence imposed in the case. Further, the defendant shall notify the probation office of any change in the defendant’s economic circumstances that might affect the defendant’s ability to pay a fine, restitution, or assessment fee. If the defendant becomes more than 60 days delinquent in payments of financial obligations, the defendant may be (a) required to attend a financial education or employment preparation program if and as directed by the probation officer, (b) placed on home confinement subject to electronic monitoring for a maximum period of 90 days at the direction of the probation officer (with the defendant to pay the cost of monitoring if the probation officer determines that the defendant has the ability to do so), and/or (c) placed in a residential treatment program or community corrections center for up to 180 days at the direction of the probation officer (with the defendant to pay the cost of subsistence if the probation officer determines that the defendant has the ability to do so).

(16) Unless excused by a special condition of probation supervised release, in the Judgment or by a subsequent court order, the defendant shall comply with 18 U.S.C. § 3563 (a) (probation) or § 3583 (d) (supervised release) regarding mandatory drug testing (with the defendant to contribute to the cost of drug testing if the probation officer determines that the defendant has the ability to do so). A positive urinalysis may result in the defendant’s placement in the probation office’s Drug and Alcohol Intensive Counseling and Aftercare Service Program (DAICASP) (or comparable program in another district) at the direction at the probation officer.

(17) The defendant may be placed in the probation office’s Drug and Alcohol Intensive Counseling and Aftercare Service Program (DAICASP) (or comparable program In another district) by virtue of a special condition of probation or supervised release contained in the Judgment, at the direction of the probation officer after a positive urinalysis, or a court order entered during the period of probation or supervision for other good cause shown. This program may include (a) testing by the probation officer or an approved vendor to detect drug or alcohol abuse (with the defendant to contribute to the cost of drug testing If the probation officer determines that the defendant has the ability to do so), (b) a mandatory drug education program (which may include individual or group counseling provided by the probation office or an approved vendor with the defendant to contribute to the cost of drug/alcohol treatment if the probation officer determines that the defendant has the ability to do so, (c) placement in a residential treatment program or community corrections center for up to 180 days at the direction of the probation officer (with the defendant to pay the cost of subsistence if the probation officer determines that the defendant has the ability to do so), and (d) home confinement subject to electronic monitoring for a maximum period of ninety (90) days at the direction of the probation officer (with the defendant to pay the cost of monitoring if the probation officer determines that the defendant has the ability to do so).

 

 

CONTINUATION OF STANDARD CONDITIONS OF SUPERVISED RELEASE

(18) The defendant may be placed in the probation office’s computer restriction/monitoring program (or comparable program in another district) by virtue of a special condition of probation or supervised release contained in the Judgment. This program may include the following: (a) The defendant shall not possess or use any computer or portable electronic device which has the capability of communicating with any other electronic device without the prior approval of the probation officer or the Court. This includes, but is not limited to, any computer, personal digital assistant, satellite equipment, cellular telephone, or services such as computer on-line bulletin board services and/or internet service. The defendant shall notify the probation officer before altering or effecting repairs to any computer he uses. (b) The defendant shall permit the probation officer to conduct periodic, unannounced examinations of any computer and computer-related equipment the defendant uses, other than equipment owned by his/her employer that is maintained at a place of employment other than the defendant’s home. The examination may include the retrieval and copying of all data from the computer, and internal or external peripheral equipment and any software. (c) The defendant, as directed by the probation officer, shall allow, at his expense, the installation of any hardware/software on any computer system he uses, other than equipment owned by his employer, to monitor his/her computer use (and/or to prevent access to prohibited materials), and he/she shall submit to such monitoring. The defendant shall consent to the placement of a notice on any computer upon which monitoring hardware/software is installed to warn others of the existence of the monitoring. (d) The defendant shall not use any computer or computer-related equipment owned by his/her employer except for strict benefit of his employer in the performance of his/her job-related duties. (a) The defendant shall consent to third-party disclosure to any employer or potential employer of any computer-related restrictions which have been imposed upon him/her. (f) The defendant shall provide the U.S. Probation Office with accurate information about all hardware and software which comprise any computer system he/she uses; all passwords used by the defendant, and information pertaining to all internet service providers used by the defendant, whether specifically subscribed by the defendant or not. The defendant shall provide written authorization for release of information from the defendant’s internet service provider. (g) The defendant shall furnish his/her personal end business telephone records to the probation officer upon request. Furthermore, the defendant shall provide the probation officer with written authorization for release of information from the defendant’s telephone service provider. (h) The defendant shall not possess or use any type of data encryption or stenography software or technique. The defendant shall not alter, delete, or hide records pertaining to computer access, retrieval, or storage.

(19) The defendant shall cooperate in the collection of DNA if and as directed by the probation officer.

(20) If ordered to a period of supervised release after incarceration, the defendant shall report in person, within 72 hours of release from the custody of the Bureau of Prisons, to the probation office in the district where the defendant is released.

 

 

SPECIAL CONDITIONS OF SUPERVISION

While the defendant is on supervised release pursuant to this Judgment

1)    The defendant shall serve 5 months home detention, which may include electronic monitoring as directed by the probation officer. The defendant shall pay the cost of monitoring if the probation officer determines that the defendant has the ability to do so.

2)    The defendant shall participate, if and as directed by the probation officer in such mental health/vocational rehabilitation programs as the officer may direct. The defendant shall contribute to the cost of mental health treatment if the probation officer determines that the defendant has the ability to do so.

 

 

RESTITUTION AND FORFEITURE

 

RESTITUTION

The court, pursuant to the Victim and Witness Restitution Act, finds that the following are victims of defendant’s criminal conduct and have sustained loss in the indicated amounts and orders restitution by the defendant as follows:

Name & address of payee(s)                            Amount

CWA Local 3974                                        $21,618.79

635 North Ann Avenue

Tallassee, AL 36078-6401

 

Zurich North America                                  $30,000.00

Surety and Financial Claims

Baltimore Claims Office

Claim #638 0030444

P.O. Box 17138

Baltimore, MD 21297-1138

 

 

Payments of restitution without interest are to be made to Cleric U. S. District Court, for transfer to the payee(s).

If there are multiple payees, any payment not made directly to a payee shall be divided proportionately among the payees named unless otherwise specified here: