USA v. Gevirtz
Criminal

JUDGMENT as to VINCENT GEVIRTZ (1) - Count 1, Imprisonment for a term of 60 months with 7 years supervised release, a fine of $3,000, a JVTA Assessment of $5,000 and a special assessment of $100. Signed by Judge Richard L. Young on 1/18/2018.

Southern District of Indiana, insd-1:2017-cr-00068-73426

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PageID #: 239 AO 245B(Rev. 02/16) Judgment in a Criminal Case UNITED STATES DISTRICT COURT Southern District of Indiana UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE v. Case Number: 1:17CR00068-001 USM Number: 15351-028 VINCENT GEVIRTZ Gal Pissetzky Defendant's Attorney THE DEFENDANT: ☒ pleaded guilty to count(s) 1 ☐ 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 offense(s): Title & Section Nature of Offense Offense Ended Count 18§2252(a)(2) Distribution and Receipt of Visual Depictions of Minors 5/4/2016 1 Engaging in Sexually Explicit Conduct 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. ☐ 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 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 restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances. 1/12/2018 Date of Imposition of Sentence: Hon. Richard L. Young, Judge A CERTIFIED TRUE COPY United States District Court Laura A. Briggs, Clerk Southern District of Indiana U.S. District Court Southern District of Indiana 1/18/2018 Date By Deputy Clerk PageID #: 240 AO245B(Rev 02/16) Judgment in a Criminal Case Judgment Page 2 of 7 DEFENDANT: Vincent Gevirtz CASE NUMBER: 1:17CR00068-001 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 60 months. ☒The Court makes the following recommendations to the Bureau of Prisons: Placement at FCI Englewood, Colorado facility, as well as sex offender treatment. ☐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 ☐ 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 p.m. 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 was delivered on ___________________________ to ______________________________________ at ________________________________, with a certified copy of this judgment. ________________________________________ UNITED STATES MARSHAL BY: ___________________________________ DEPUTY UNITED STATES MARSHAL PageID #: 241 AO245B(Rev 02/16) Judgment in a Criminal Case Judgment Page 3 of 7 DEFENDANT: Vincent Gevirtz CASE NUMBER: 1:17CR00068-001 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of 7 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 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 the defendant poses a low risk of future substance abuse. (Check, if applicable.) ☒ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) ☒ The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16913, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check, if applicable.) ☐ The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the conditions listed below. CONDITIONS OF SUPERVISION 1. You shall report to the probation office in the judicial district to which you are released within 72 hours of release from the custody of the Bureau of Prisons. 2. You shall report to the probation officer in a manner and frequency directed by the court or probation officer. 3. You shall permit a probation officer to visit you at a reasonable time at home or another place where the officer may legitimately enter by right or consent, and shall permit confiscation of any contraband observed in plain view of the probation officer. 4. You shall not knowingly leave the judicial district without the permission of the court or probation officer. 5. You shall answer truthfully the inquiries by the probation officer, subject to your 5th Amendment privilege. 6. You shall not meet, communicate, or otherwise interact with a person you know to be engaged, or planning to be engaged, in criminal activity. You shall report any contact with persons you know to be convicted felons to your probation officer within 72 hours of the contact. 7. You shall reside at a location approved by the probation officer and shall notify the probation officer at least 72 hours prior to any planned change in place or circumstances of residence or employment (including, but not limited to, changes in who lives there, job positions, job responsibilities). When prior notification is not possible, you shall notify the probation officer within 72 hours of the change. 8. You shall not own, possess, or have access to a firearm, ammunition, destructive device or dangerous weapon. 9. You shall notify the probation officer within 72 hours of being arrested, charged, or questioned by a law enforcement officer. PageID #: 242 AO245B(Rev 02/16) Judgment in a Criminal Case Judgment Page 4 of 7 DEFENDANT: Vincent Gevirtz CASE NUMBER: 1:17CR00068-001 10. You shall maintain lawful full time employment, unless excused by the probation officer for schooling, vocational training, or other reasons that prevent lawful employment. 11. As directed by the probation officer, you shall notify third parties who may be impacted by the nature of the conduct underlying your current or prior offense(s) of conviction and/or shall permit the probation officer to make such notifications and/or confirm your compliance with this requirement. 12. You shall make a good faith effort to follow instructions of the probation officer necessary to ensure compliance with the conditions of supervision. 13. You shall provide the probation officer access to any requested financial information and shall authorize the release of that information to the U.S. Attorney's Office for use in connection with the collection of any outstanding fines and/or restitution. 14. You shall not have unsupervised meetings, activities, or visits, or intentional communications with any minor unless they have been disclosed to the probation officer and approved by the court. You shall not have supervised meetings, activities, visits, or intentional communications with any minor unless they have been approved by the probation officer. Before you may request approval for such meetings, activities, visits, or intentional communications (unsupervised or supervised), you must notify the person(s) having custody of any such minor(s) about the conviction in this case and the fact that you are under supervision. 15. You shall not be employed in any position or participate as a volunteer in any activity that involves unsupervised meetings, intentional communications, activities, or visits with minors except as disclosed to the probation officer and approved by the court. 16. You shall not participate in unsupervised meetings, intentional communications, activities, or visits with persons you know to be a registered sex offender or to have been convicted of a felony sex offense involving an adult or minor, including any child pornography offense, except as disclosed to the probation officer and approved by the court. This condition is not intended to prevent you from participating in treatment programs or religious services with felons in such programs/services so long as the activity has been disclosed as described above. 17. You shall not enter or remain at a place for the primary purpose of observing or contacting children under the age of 18. 18. You shall submit to the search by the probation officer of your person, vehicle, office/business, residence, and property, including any computer systems and hardware or software systems, electronic devices, telephones, and Internet-enabled devices, including the data contained in any such items, whenever the probation officer has a reasonable suspicion that a violation of a condition of supervision or other unlawful conduct may have occurred or be underway involving you and that the area(s) to be searched may contain evidence of such violation or conduct. Other law enforcement may assist as necessary. You shall submit to the seizure of contraband found by the probation officer. You shall warn other occupants these locations may be subject to searches. 19. You shall not possess any child pornography or visual depictions of child erotica or nude minors. Any such material found in your possession shall be considered contraband and will be confiscated by the probation officer. 20. You shall participate in a program of treatment for sexual disorders, including periodic polygraph examinations, as directed by the probation officer. The treatment provider should determine the type and timing of such polygraph examinations. The court authorizes the release of the presentence report and available psychological evaluations to the treatment provider, as approved by the probation officer. PageID #: 243 AO245B(Rev 02/16) Judgment in a Criminal Case Judgment Page 5 of 7 DEFENDANT: Vincent Gevirtz CASE NUMBER: 1:17CR00068-001 21. You shall consent, at the direction of the probation officer, to having installed on your computer(s), telephone(s), electronic devices, and any hardware or software, systems to monitor your use of these items. Monitoring will occur on a random and/or regular basis. You will warn other occupants or users of the existence of the monitoring hardware or software. To promote the effectiveness of this monitoring, you shall disclose in advance all cellular phones, electronic devices, computers, and any hardware or software to the probation officer and may not access or use any undisclosed equipment. 22. You shall pay the costs associated with the following imposed conditions of supervised release, to the extent you are financially able to pay: sex offense-assessment, treatment, and physiological testing, and computer monitoring systems. The probation officer shall determine your ability to pay and any schedule of payment. I understand that I and/or the probation officer may petition the Court to modify these conditions, and the final decision to modify these terms lies with the Court. If I believe these conditions are being enforced unreasonably, I may petition the Court for relief or clarification; however, I must comply with the directions of my probation officer unless or until the Court directs otherwise. Upon a finding of a violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the condition of supervision. These conditions have been read to me. I fully understand the conditions and hav