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Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 1 of 8 PageID #:771

LINITED STATES DISTRICT COURT

Northern District of Illinois

UNITED STATES OF AMERICA

JUDGMENT IN A CRIMINAL CASE

Jason Napodano

Case Number: l7-cr-633- l

USM Numher: 57669-424

Christina M. Egan

Del'cndant s Atlomcy

THE DEFENDANT:

ffi pleaded guilty to count(s)

!

!

pleaded nolo contendere

was

I ofthe lnformation.

to count(s) which was

accepted by the court.

found guilty on count(s)

after a plea ofnot guilty.

The defendant is adjudicated guilty ofthese offenses:

Title & Section

r5 u.s.c. s 78j(b) & 78ff(a)

Nature of Offense

Securities Fraud

Offense Ended

51311201s

The defendant is sentenced as provided in pages 2 through 8 ofthis judgment.

Act of 1984.

The sentence is imposed pursuant to the Sentencing Reform

E The defendant has been found not guilry on count(s) E Count(s) dismissed on the motion ofthe United States.

It is ordered that the defendant must noti0, the United States Attorney for this District within 30 days ofany change ofname, residence, or mailing address until all fines, restitution, costs. and special assessments imposed by thisjudgment are fully paid. lf ordered to pay

restitution, the defendant must notiS/ the couft and United States Attorney ofmaterial changes in economic circumstances.

Signatrire ofJudge

Robefl M. Do\y, Jr., United States District Judge

Name and Title ofJudge

Tu* 13,)zlt

Date

Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 2 of 8 PageID #:772

ILND 2458 (Rev.

08/0112016) Judgment in a Crimin.l Case

Sheet 2 - LrlDrisonment

Judgmgnt-Plgc2of8

Dnpel.toal.tt: JASoN NAPoDANo

CASE NUMBER: l7-CR-633-l

IMPRISONMENT

The defendant is hereby committed to the custody ofthe United States Bureau ofPrisons to be imprisoned for a total term of:

Four (4) months.

E

The court makes the following recommendations to the Bureau ofPrisons: Serve sentence at FCI Otisville, Otisville, New York.

Altemate facilities: l) FCI McKean, Lewis Run Pennsylvania or 2) FCI Danbury, Danbury Connecticut.

E The defendant is remanded to the custody ofthe United States Marshal.

! the defendant shalt surrender to the United States Marshal for this district:

Eut

on

  • I as notified by the United States Marsha]. The defendant shall sunender for service ofsentence at the institution designated by the Bureau ofPrisons:

E

ffi before 2:00 pm on8/'1/2018.

  • I as norified by the United States Marshal.

  • I as notified by the Probation or Pretrial Services Office.

I have executed thisjudgment as follows:

Defendant delivered on

judgment.

to

RETURN

with a certified copy ofthis

LTNITED STATES MARSHAL

By

DEPUTY I.JNITED STATES MARSHAL

Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 3 of 8 PageID #:773

ILND 2458

Shrer

(Rev.

l2104/201 7) Judgment in a Criminal Csse

I - S'lneftisrd ReleA(e

hrdi,me - Phoe 1 nm

DEFENDANT: JASON NAPODANO

CASE NIIMBER: l7-CR-633- 1

MANDATORY CONDITIONS OF SUPERVISED RELEASE PURSUANT TO 18 U.S.C $ 3583(d)

Upon release fiom imprisonment, you shall be on supervised release for a term of:

One (l) year, with the first four (4) months on home confinement and electronic monitoring.

You must report to the probation oflice in the district to which you are released within 72 hours ofrelease from the custody ofthe Bureau of Prisons. The court imposes those conditions identified by checknrarks below:

During the period

tr

(l)

ofsupervised release:

you shall not commit another Federal, State, or local crime.

tr

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(2) you shall not unlawfully possess a contolled substance.

(3) you shall attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, if

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E

an approved program is readily available within domestic yiolence crime, as defined in $ 3561(b).1

a5O-mile radius ofyour legal residence. [Use for a first conviction ofa

(4) you shall register and comply with aJl requirements ofthe Sex Oflender Regisration and Notification Act (42 U.S.C. $

r69r3).

(5) you shall cooperate in the collection ofa DNA sample ifthe collection ofsuch

a sample is required by law.

(6) you shall refrain fiom any unlawful use ofa conholled substance AND sub:nit to oni drug tesj within l5 days ofrelease on

supervised release and at least two periodic tests thereafter, up to 104 periodic tests for use ofa controlled substance during

each year ofsupervised release. [This mandatory condition maybe ameliorated or suspended by the court for any defendant

ifreliable sentencing information indicates a low risk of future substance abuse by the defendant.l

DISCRETIONARY CONDITIONS OF SUPERVISED

RELEASE PURSUANT TO 18 U.S.C $ 3563(b) AND

l8 u.s.c $ 3s83(d)

Discretionary Conditions - The court orders that you abide by the following conditions during the term ofsupervised release because such conditions are reasonably related to the factors set fofth in $ 3553(axl) and (aX2XB). (C). and (D): such conditions involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in g 155! (at(2) (B). (C). and (D): and smh

conditions are consistent with any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994a. The court imposes those conditions identified by checkmarks below:

During the period ofsupervised release:

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(l)

you shall provide financial support to any dependents iffinancially able.

tr

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E

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e)

(3)

(4)

(5)

you shall make restitution to a victim olthe offense under $ 1!55 (but not subject to the limitation ofg 3663(a) or

$ 3663A(cXlXAl).

you

shall

give to

the

victims

ofthe offense notice

pursuant to the

provisions

of$

l!!!,

as

follows:

you shall seek, and work conscientiously at, lawful employment or pursue conscientiously a course ofstudy or vocational training that will equip you for employment. you shall refrain fiom engaging in a specified occupation, business, or pr-ofession bearing a reasonably direct relationship

E

(6)

trQ)

tr

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(8)

(e)

E

(lo)

to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumsrances; (ifchecked yes, please indicate restriction(s))

you shall

reAain flom knowingly meeting or commu0icating with any person whom 1,ou know to be engaged, or

be engaged, in criminal activity and from:

the following

lype ofplaces:

the lbliowing persons:

Bilal Basrai,

!

having a

planning to

!

visiring

ffi knowingly meeting or communicating with

you shallreffain from !

than 0.08); or E

any or I

excessive use ofalcohol (defined as

blood alcohol concentration greater

defined in $ 102 ofthe Controlled

, or any use ofa narcotic drug or other controlled;bstanc;, as

Substances Act (?1 U,S,C. S 802), without a prescription by a licensed medical practitioner.

you shall refiain liom possessing

!

a firearm,

destructiye device,

or other dangerous weapon.

you shall participate, at the direction ofa probation officer, in a substan-ce abuse treatment program, which may

include urine

testing up to a maximum of 104 tests per year.

ffi you shall participate, at the direction of a probation officer, in a mental health treatment program, which may include

_

the use of presffiption medications.

l.-l you shall participate, at the direction ofa probation officer, in medical care; (ifchecked yes, please

(intermittent confinement):

intervals of time,

speci$r:

you shall remain in the custody ofthe Bureau ofPrisons during nighti, weekmds, or other

lno more than the lesser of one year or the term of imprisonmint authorized for the

totaling

.)

Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 4 of 8 PageID #:774

ILND 2458 (Rev. l2104/2017) Judgmenl ill a Criminal Case Sheet 3 - Supervised Releale

Judgment-Page4of8

DEFENDANT: JASON NAPODANO

CASE NUMBER: 17-CR-633-l

offense], during the first year oI the term ofsupervised release (provided, however, that a condition set forth in $ 3563(bXl0) shall be imposed only fbr a violation ofa condition ofsupervised release in accordance with $ 3583(e)(2)

and only when facilities are available) for the following period

 

!

(l l)

(community confinement): you shall reside at, or participate in the program ofa community corrections facility

(including a facility maintained or under contract to the Llurcau of Prisons) for all or part of the term of supervised

release, for a period

of

rnonths.

E

n

(12) you

(13)

you

shall work in community scrvicc lor 75 hours as direcred by a probation officer.

shall

reside in the tbllowing

place

or area:

or

refrain from residing in a specified

place

or

area:

El

.

(14) you shall remain within theiurisdiction wherc you are being supervised, unless granted permission to leave by the court

or a probation otl'jcer.

E X

(r5)

you shalJ report to a probation ofticer as directed by the court or a probation oflicer.

 

ttol

you shall permit a probation

ffi

at horne

f,

officer to visityou

fi

atany

reasonable time or !

as specified:

 

at work

E

at school

!

at a community service location

ffi other reasonable locarion specified by a probation otlicer

  • X you

shall permit confiscation ofany contraband observed in plain view ofthe probation officer.

 
  • X ( I 7)

you shall notify a probation oflicer prornptly, w ithin 72 hours, of any change in residence, employer, or workplace and,

absent constitutional or other legal privilege. answer inquirics by a probation olficer.

 

El

(

i t)

  • E] (19)

you shall notiQ a probation oflicer promptly, within 72 hours, if arrested or questioned by a law enforcement officer.

(home confinement): you shall remain at your place ofresidence for a total oi4 months during nonworking hours. [This condition may be imposed onlr. as an alternative to incarcelation.]

  • X Cornpliance with this condition shall be:nonitored by telephonic or electronic signaling devices (the selection of which shall be determined by a probation officer). Electronic monitoring shall ordinarily be used in connection with home detention as it provides continuous monitoring ofyour whereabouts. Voice identification may be used in lieu ofelectronic monitoring to monitor home confinement and provides for random monitoring ofyour whereabouts. Ifthe offender is unable to wear an electronic monitoring device due to health or medical reasons, it is recommended that home continenlent with voice identification be ordered, rvhich wilJ provide for random checks on your whereabouts. Home detention with electronic nronitoring or voice identification is not deemed approp ate and cannot be cll'ectively administered in cases in which the ofl'ender has no bona fide residence, has a history of violent behavior, serious mental health ploblems, or substance abuse; has pending criminal charges elsewhere; requires liequent travel inside or outside tne district; or is required to work more than 60 hours per week.

n

n

8

Z

tr

You shalJ pay the cost ofelectronic monitoring or voice identification at the daily contractual rate, ifyou are

financially able to do so.

tr

The Court waives the electronic,/location

monitoring

component ofthis condition.

(20) you shall comply with the terms ofany court order or order ofan administrative process pursuant to the law ofa State, the District ofColumbia, or any other possession or teffitory ofthe United States, requiring payments by you for the

(2 I )

ez)

Q3)

support and maintenance of a child or of a child and the

parenr

with whom the child is living.

(deportation):

you shall be s urrendered ro a du Iy author ized olfic ial of the Home land Securiiy Department

for a

determination on the issue ofdcpoftability by rhe appropriate authority in accordance with the laws under the lmmigration and Nationality Act and the established implementing regulations. Ifordered deported, you shall not reenter the United States without obtaining, in advance. the express written consent ofthe Attomey Geleral or the Secretary ofthe Department of Homeiand Security. you shall satis{y such other special conditions as ordered below. (ifrequired to register under the Sex Ol'iender Registration and Notification Act) you shall submit at any time, with or without a warrant, to a search ofyour person and any propefty. house, residence, vehicle, papers, computer, other

electronic communication or data storage dcvices or nredia, and effects, by any law enforcement or probation officer having reasonable suspicion cottcerrring a vioiation ofa condition ofsupervised release or unlawful conduct by you, and

n

Q4)

by any probation officer in the iawlui drscharqe ofthe oftlccr's supervision functions (see special conditions iciion).

Other:

SPECIAL CONDITIONS oF SUPERVISED

RELEASE PURStIANT TO l8 U.S.C.3563(bX22) and 3583(d)

The court imposes those conditions idenrilied by checkmarks belou,:

Duri[g

E

the term of supervised
(l)

release:

ifyou have not obtained a high school diploma or equivatent, you shall participate in a Ceneral Educational

LJ

fz;

n

(3)

Development (CED) prepararion

coursc and seek to obrain a CL.D within

the first ycar ofsupervision.

you shall panicipate in an approvedjob skill-training prol:ram atthe direction ofa probation ofiicer within the first 60

days of placcmenl on supervision.

you shall- ifunemployed after the first 60 davs ofsupervision. or ifunemoJoyed for 60 days after termination or lay-off

Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 5 of 8 PageID #:775

ILND 2458

shrFr

1

(R€v.

l2104/2017) Judgment nr aCriminal Casc

Srtnerui(rd Release

Judemenl Paee 5 of8

DEFENDANT: JASON NAPODANO

CASE NUMBER: I 7-CR-633-l

tr

tr

E

E

n

n

(4)

(5)

(6)

(7)

(8)

(9)

ftom employment.

until

gainfully

perform

at least 20 hours of community seruice

per

rveek at the direction ofthe U.S. Probation Office

hours.

employed. The amount ofcommunity service shall not exceed

you shall not maintain employrnent wltere 1,ou have access to other individuai's pcrsonal information, inctuding, but not

limited to, Social Security numbers and credit card numbcrs

(or money)

unless approved by a

probation

officer.

you shall not incur new credit charges or open additional lines ofcredit without the approval ofa probation officer unless

you

are

in

compliance with

the tinancial

obligations

imposed

by thisjudgment.

you shall provide a probation oificer with access to any requested financial information nccessary to monitor compliance

with conditions of supervised release.

you shall notify the court ofanv material change in your economic circumstances that might affect your ability to pay

restitution, fines, or spccial assrrssments.

you

you

shall

provide

documentation to the IRS and

pay

taxes

as

required

by law.

shall panicipate in a sex otfender treatment program. The specific program and provider will be tletermined by a

probation oflicer. You shall comply with all recommeIded treatment which may include psychological and physiological testing. You shall maintain use of all prescribed medications.

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You shallcompll,'with the requiremcnts ofthe Conrputer and Intemet Monitoring Program as administered by the United States Probation Office. You shall consent to the installation ofcomputer monitoring software on all

identified computcrs to u'hich 1'ou have access. The software rnay restrict and,/or record any and all activity on the computer, including the caoture ofkeyrltrokes. application informalion, Internet use history, email

tr

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!

correspondence, and chal conversations. Anoticewill be placed on the cornputer at the time of installation to warn others of the existence ofthe moniloring software. You shall not remoye. tamper with- reverse engineer, or in any rvay circumvenl rile softwilrr-

The cost ofthe monitorirrg shalt be paid by you at the monthly contlactual rate, if you are financially able, subject to satisfaction ofother financiai obligations imposed b), th is j udgment.

You shall not possess 0r usc any device with access ro any online computer service at any location (including place ofemployment) without the priol approval ola probation olficer. This includes any Internet seryice

provider, bulletin board systen'1, or any other publrc or private network or enlail system.

You shall not possess atry cievice that could bc uscd fbr coveft llhotography without the prior approval ofa probation oflicer.

You shall not view or possess clrld

polnography. .

Il'the tteatmeni provider delennines that exposure to other

sexually stinrulating matcrial rray be dctrirnental to the trearrnent process, or that additional conditions are likely

to assist thc treatment process, such proposed cond;tions shali be promptly presented to the court, for a determination, pursuant to l8 U.S.C. $ J583(e)(2), regarding whether to enlarge or otherw.ise modiry the

n

conditions of supervisio11 to include conditions consistent with the recommendations ofthe treatment provider. You shall not, withoul tire apploval ofa probation olJlcer and treatment provider, engage in activities that will put

you in unsupervised private contacl wrLh any person under the age of 18, or visit Iocations where children

E

E

n

n

(10)

(

I

l)

(12)

(11)

tr tr

tr

tr

regularly congregate (c.,11

..

locations specil'ied in the Sex Offender Registration and Notification Act.)

This condition does not apply 10 your lamily members: INames]

Your employment shall be restricted to the distlict and division where you reside or are supervised, unless

approval is granted by a probation olficer'. Prior to accepting a.ry tbrnr of ernploymerrtyou shall seek the approval

ofa probation ofl'icer, in ordct to allow the probation officer the oppoftunity to assess the levei of risk to the community you rvill pose rfemployed in a panicuiar capacir),. You shall not participate in any volunteer activity

that may cause you to come into direct

contact wirh ohildren except under circumstances approved in advance by

a probation ofllcer and lleatntent prc\rider.

You shall provide the prrbation ofticer with copies of)our telephonc bills, all credit card statements/receipts, and

any other financial intbrrnation requested.

You shall comply with all slate and Iocal laws pertaining to convicted sex ofl'enders, including such laws that

impose resttictions beycnd those se1 lorth in this ordet

..

youshallpay any financial penaltl, thai is imposed by this judtment thai remailrs unpaid atlhe commencement ofthe

term ofsupervised release. Your monihly Da),ment sche(-lule shall be an amount that is at least

$

or 10% ofyour

net monthly income. defined a: incomc nel ol reasonabie ij\penses for basic necessities such as food, shelter, utilities,

insrrrance- and

employntenl-rel.ltctl

erpcnscs.

you s hall not cntet' illlo ally att cc

permission

of the cou11,

[] onl

1,1 act as an i0l'olrr'{rr

or spec ial agert of a law en fbrcernent

agency without the

you shall repay the United Stat.-s "buy

this offense.

monev" in thc arnounr ofS

which you received during the commission of

ifthe probation officer deten.nincs that vou pose a risk ro another person (including an organization or members ofthe

community). the probation ofiicer may

require you to tell the person about the risk, and you must comply with that

advising the person about your record ofarrists and convictions and

instruclion. Such notification could inciuoc

substance use 'l he probation oliicr:t rnay contact the person and confirm that you have told the person about the risk.

Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 6 of 8 PageID #:776

in a Crinrinal Case

ILND 2458 (Rev. lz0,#2017) Judgment

CASE NUMBER: l7-CR-633-l

n

(14) other:

Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 7 of 8 PageID #:777

ILND 245t, (Rev 08/02/2016) Judgment in aCriminal( iLse

Monetary Peflalties DpnEuoRNr: JASON NAPODANO

Sheet 5 - Caiminal

Judgment Paee 7 ofs

CASENUMBER: I7-CR-633-l

CRTMINAL MONETARY PENALTIES

The defendant must pay the total criminal monctary penalties under the schedule ofpayments on Sheet 6.

 

Assessment

Fine

Totals

s100.

$s,000.

Restitution

$

E

The determination ofrestitution is deferred until determination.

An AnendedJudgnent in o Criminql Case 01o245c) will be entered after such

E

The defendant must make restitution (including comnrunity restitution) to the following payees in the amount listed below.

lf the defendant makes a partial paymenr. each payee shalr receive an approximately proportioned payment, unless specified otherwise in

the priority order or percentage payment column below. However, pursuant to l8 U.S.C. $ 3664(i)" all nonfederal victims must be paid

befbre the United States is paid.

Name of Pavee

Total Loss*

Restitution Ordered

Priority or

Perc€ntase

tr

tr

n

n

*

Totals:

Restitution amount ordered pursuant to plea agreement $

The defendant must pay interest on restitution and a fine of nrore than $2.500, unless the restitution or fine is paid in full before

the Iifteenth dayafterthedate ofthejudgment, pursuant to I8 U.S.C.

!i3612(f).

subiect to penalties for delinquency and default, pursuallt to l8 U.S.C. g 3612(g),

All ofthe payment options on Sheet6maybe

The court detennined that the defcndant does not have the ability to pay interest and it is ordered that:

tr

the interest requirement is uaived fbr the

 

n

the interest

requirement for the

is modified as follows:

The defendant's non-cxempt assets. ifany, are subjecl to immediate execution to satisly any outstanding restitution or fine

obJigations.

Findings for the total amount oflosses are lequired under Chapters 109A, I10, I l0A, and I l3A of Tifle lE fbr offenses committed on or

after September 13, 1994, but betbre April 21, 1996.

Case: 1:17-cr-00633 Document #: 25 Filed: 06/13/18 Page 8 of 8 PageID #:778

Judgmenl in a Criminal Case

ts

ILND 2458 (Rev. 08/02/2016)

Sheet 6 - Schedule of Paymen

Judgment - Page 8 of 8

CASE NUMBER: I 7-CR-633- l

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment ofthe total criminal monetary penalties is due as follows:

A

X

B

E

  • C n

  • D n

E

E

F

E

Lump sum payment of $ 100. due immediately,

tr

balance due not later than

or

,

 

tr

balance

due in accordance with n

C, tr

D. E

g, or n

F below: or

Payment to begin immediately (may be combined with f]

C, E

D, or n

F below); or

 

Payment

in equal

(e.g. weekly, monthly, quarterlr-) installments of S

over

a period of

commence (e.g

..

30 or 6A da.ys) after the date of th is j udgment;

or

Payment in equal

(e.g. v'eekly, nonthly, quarterly) installments of $

over

a period of

commence (e.g

..

30 or ()0 da)ig after release tiom imprisonment to a term ofsupervision; or

(e.g., months or yean),to

(e.g., months or years), to

Payment during the term of su pet vised release will commence within 60 (e.g.,30 or 60 tlays)after release from imprisonment. The court will set the payment l-.lan based on an assessmert ofthe defendant's ability to pay at that time; or

Special instructions regarding the payment ofcriminal monetary penalties:

Unless the court has expressly ordered otherwise, ifthis.iudgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment- All criminal monetary penalties, except those paynrcnts made through the Federal Bureau ofPrisons' Inmate Financial

Responsibility Program, are made to the clerk ofthe court.

The defendant shall receive credit tbr all payntents previously made toward any criminal monetary penalties imposed.

tr

Joint and Several

Case Number

Total Amount

Defendant and Co-Defendant Names (including defendant number)

and Several Amount

Joint

Corresponding payee, if

Appropriate

tr

The defendant shall pay the cost ofprosecution-

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The defendant shall pay the following court cost(s):

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The defendant shall forfeit the defendant's interest in the following property to the United States:

Payments shall be applied in the tbllowing order: ( l) assessment. (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution. (7) penalties, and (8) costs, including cost ofprosecution and court costs,