USA v. Bastian
Criminal

JUDGMENT as to Widtsoe T. Bastian (1), Count(s) 1, 10s, 11s-12s, 13s, 2, 3, 4, 5, 6s-8s, 9, 141 months Imprisonment on Count 2 in 3:03cr8, and Count 1 in 3:03cr56. 60 months on counts 1,5,9,11,12, & 13 in 3:03cr8, all counts to run concurrent. 120 mo nths on counts 3,4,6,7,8, & 10 in 3:03cr8, plus 3 months consecutive pursuant to 18:U.S.C.3147 for a total term of 144 months; 3 years Supervised Release on Counts 1 thru 13 in 3:03cr8 and Count 1 in 3:03cr56, all counts to run concurrent; $1,400.00 Special Assessment; $3,109,793.07 Restitution. Signed by Judge Graham Mullen on 2/3/06.

Western District of North Carolina, ncwd-3:2003-cr-00008-15895

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AO 245B (WDNC Rev. 4/04) Judgment in a Criminal Case United States District Court For The Western District of North Carolina UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987) Case Number: 3:03cr8 and 3:03cr56 Widtsoe T. Bastian USM Number: 05048-081 Lane Williamson Defendant's Attorney THE DEFENDANT: х pleaded guilty to count(s) 1 thru 13 & count 1 to 3:03cr56. Pleaded nolo contendere to count(s) which was accepted by the court. Was found guilty on count(s) after a plea of not guilty. - ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s): Date Offense Concluded Title and Section Nature of Offense Counts 18:664.F Theft or Embezzlement from Employment Benefit Plan September 29, 1999 1, 11, 12 18: U.S.C. 1956-4390.F 18:1957-4390.F 18:U.S.C. 2314.F 18: U.S.C. 1343.F 18: U.S.C. 2314.F/18:2 Money Laundering - Embezzlement Embezzlement Scheme to Defraud: Money, State Tax Stamps Fraud by Wire, Radio, or Television September 29, 1999 September 29, 1999 September 29, 1999 September 29, 1999 September 29, 1999 Scheme To Defraud: Money, State Tax Stamps 6, 7, 8, 18: U.S.C. 1341.F 18: U.S.C. 157.F / 18:2 Frauds and Swindles Bankruptcy Fraud September 29, 1999 September 29, 1999 The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984, United States v. Booker, 125 S.Ct. 738 (2005), and 18 U.S.C. $ 3553(a). The defendant has been found not guilty on count(s). Count(s) (is)(are) dismissed on the motion of the United States. IT IS 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. If ordered to pay monetary penalties, the defendant shall notify the court and United States attomey of any material change in the defendant's economic circumstances. Date of imposition of Sentence, 11/1/05 Jahamthullen Asignature of Judicial Officer Graham C. Mullen United States Senior Judge Date: _z Zebob AO 245B WDNC Rev. 4/04) Judgment in a Criminal Case Defendant: Widtsoe T. Bastian Case Number: 3:03cr8 and 3:03cr56 Judgment-Page 2 of 5 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of ONE HUNDRED FORTY ONE (141) months on Count 2 in 3:03cr8, and Count 1 in 3:03cr56. SIXTY (60) months on counts 1,5,9,11,12, & 13 in 3:03cr8, all counts to run concurrent. ONE HUNDRED TWENTY (20) months on counts 3,4,6,7,8, & 10 in 3:03cr8, plus THREE (3) months consecutive pursuant to 18: U.S.C. 3147 for a total term of ONE HUNDRED FORTY FOUR months.. X The Court makes the following recommendations to the Bureau of Prisons: That the Defendant be designated at Butner, NC, or to a facility that is consistent with his security classification That the Defendant participate in the Inmate Financial Responsibility Program to support his children pay his assessment. That the Defendant participate in drug screening and drug treatment while incarcerated. X The defendant is remanded to the custody of the United States Marshal. _ The defendant shall surrender to the United States Marshal for this district: At_ On__ As notified by the United States Marshal. _ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: Before 2 pm on. As notified by the United States Marshal. As notified by the Probation or Pretrial Services Office. RETURN I have executed this Judgment as follows: Defendant delivered on _TO At www, with a certified copy of this Judgment. United States Marshal By Deputy Marshal AO 245B (WDNC Rev. 4/04) Judgment in a Criminal Case Defendant: Widtsoe T. Bastian Case Number: 3:03cr8 and 3:03cr56 Judgment-Page 3 of 5 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years on Counts 1 thru 13 in 3:03cr8 and Count 1 in 3:03cr56, all counts to run concurrent. The condition for mandatory drug testing is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. STANDARD CONDITIONS OF SUPERVISION The defendant shall comply with the standard conditions that have been adopted by this court and any additional conditions ordered. -NM ON 10 11. 13. The defendant shall not commit another federal, state, or local crime. The defendant shall refrain from possessing a firearm, destructive device, or other dangerous weapon. The defendant shall pay any financial obligation imposed by this judgment remaining unpaid as of the commencement of the sentence of probation or the term of supervised release on a schedule to be established by the court. The defendant shall provide access to any personal or business financial information as requested by the probation officer, The defendant shall not acquire any new lines of credit unless authorized to do so in advance by the probation officer. of North Carolina without the permission of the Court or probation officer. The defendant shall report in person 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 days of each month. A defendant on supervised release shall report in person to the probation officer in the district to which he or she is released within 72 hours of release from custody of the Bureau of Prisons. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. The defendant shall support his or her dependents and meet other family responsibilities. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other activities authorized by the probation officer. The defendant shall notify the probation officer within 72 hours of any change in residence or employment. The defendant shall refrain from excessive use of alcohol and shall not unlawfully purchase, possess, use, distribute or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as duly prescribed by a licensed physician. The defendant shall participate in a program of testing and treatment or both for substance abuse if directed to do so by the probation officer, until such time as the defendant is released from the program by the probation officer; provided, however, that defendant shall submit to a drug test within 15 days of release on probation or supervised release and at least two periodic drug tests thereafter for use of any controlled substance, subject to the provisions of 18:3563(a)(5) or 18:3583(d), respectively. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. 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, The defendant shall submit his person, residence, office or vehicle to a search, from time to time, conducted by any U.S. Probation Officer and such other law enforcement personnel as the probation officer may deem advisable, without a warrant; and failure to submit to such a search may be grounds for revocation of probation or supervised release. The defendant shall warn other residents or occupants that such premises or vehicle may be subject to searches pursuant to this condition, 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 by the probation officer. The defendant shall notify the probation officer within 72 hours of defendant's being arrested or questioned by a law enforcement officer. 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. 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. If the instant offense was committed on or after 4/24/96, the defendant shall notify the probation officer of any material changes in defendant's economic circumstances which may affect the defendant's ability to pay any monetary penalty. If home confinement (home detention, home incarceration or curfew) is included you may be required to pay all or part of the cost of the electronic monitoring or other location verification system program based upon your ability to pay as determined by the probation officer. The defendant shall cooperate in the collection of DNA as directed by the probation officer. 15. 16. 17. 18. 23. 24. ADDITIONAL CONDITIONS: 25. The Defendant shall participate in a mental health treatment program as directed by a U.S. Probation Officer, until such time the defendant is released from the program by a U.S. Probation Officer, 26. The Defendant shall provide Tax Returns and Pay Stubs to the U.S. Probation Officer. 27. The Defendant shall not serve in any capacity described in Section 411 of the Employee Retirement Income Security Act (ERISA), 29:U.S.C. 1111. Defendant shall also be prohibited from serving from any capacity that involves decision-making authority or custody or control of the monies, funds assets or property of any employee benefit plan. AO 2458 (WDNC Rev. 4/04) Judgment in a Criminal Case Judgment-Page 4 of 5 Defendant: Widtsoe T. Bastian Case Number: 3:03cr8 and 3:03cr56 CRIMINAL MONETARY PENALTIES The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments. ASSESSMENT FINE RESTITUTION $3.109.793.07 $ 1.400.00 $0.00 FINE The defendant shall pay interest on any fine or restitution of more than $2,500.00, unless the fine or restitution is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. $ 3612(f). All of the payment options on the Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. $ 3612(g). The court has determined that the defendant does not have the ability to pay interest and it is ordered that: xl x The interest requirement is waived. The interest requirement is modified as follows: L COURT APPOINTED COUNSEL FEES The defendant shall pay court appointed counsel fees. The defendant shall pay $_ _ Towards court appointed fees.: AO 245B (WDNC Rev. 4/04) Judgment in a Criminal Case Defendant: Widtsoe T. Bastian Case Number: 3:03cr8 and 3:03cr56 Judgment-Page 4a of 5 RESTITUTION PAYEES The defendant shall make restitution to the following payees in the amounts listed below: AMOUNT OF RESTITUTION ORDERED NAME OF PAYEE Michael and Allison Judge Albert and Glenda Anderson $250,000.00 Donna Benadum-Watkins Carol Ryder Richard and Antoina Lowden Western Energetex Art Hinkley $100,000.00 $215.000.00 $8,000.00 $375,000.00 $535,000.00 $100,000.00 $411,888.17 $168,000.00 $196,805.00 $250,000.00 $300,000.00 Pioneer Electric Roger Puccinelle John Harris and Hilari Fleming Glenn Nicholas Linda Lewis Jack and Randi Singer Greg and Donna Scott David and Jennifer Lyson Belks $25,000.00 $50,000.00 $124,000.00 $800.00 INICIAL Dillards $300.00 The defendant is jointly and severally liable with co-defendants for the total amount of restitution. Any payment not in full shall be divided proportionately among victims. AO 245B (WDNC Rev. 4/04) Judgment in a Criminal Case Defendant: Widtsoe T. Bastian Case Number: 3:03cr8 and 3:03cr56 Judgment-Page 5 of 5