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Case 1:11-cr-00614-VM Document 200 Filed 01/14/13 Page 1 of 5

A0245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet I

UNITED STATES DISTRICT COURT

Southern District of New York

UNITED STATES OF AMERICA

v.

THOMAS DEVITT III

THE DEFENDANT:


)
)
)
)
)
)
)
)

JUDGMENT IN A CRIMINAL CASE

Case Number: S1 11 CR 614

USM Number: 66022-054

Michael Jude Jannuzzi
Defendant's Attorney

!t'pleaded guilty to count(s)

Six of Superseding Indicment S1 11 CR 614


D pleaded nolo contendere to count(s)


which was accepted by the court.

D was found gUilty on count(s)

after a plea of not guilty.

The defendant is adjudicated gUilty ofthese offenses:

The defendant is sentenced as provided in pages 2 through __5_ _ ofthis judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.
D The defendant has been found not guilty on count(s)
~Count(s)

all underlying counts

D is

fitare 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 ofany change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. Ifordered to pay restitution,
the defenaant must notify the court and United States attorney of material cnanges in economIc circumstances.
r;:::::===-' ._- -:--------- ---======:;;::,
~1'CSDCSD!'iY
D0CL;"lENT

1/11/2013

; ELECn:O~ICALLY FIL£D

l. ~.~~I;F)L!Il: _f1Z72__~-

[' . . - - ...

. -~

Hon. Victor Marrero
Name of Judge

U.S.D.J.
Title of Judge

AO 245B

Case 1:11-cr-00614-VM Document 200 Filed 01/14/13 Page 2 of 5

(Rev. 09/08) Judgment in a Criminal Case
Sheet 4-Probation

DEFENDANT: THOMAS DEVITT III
CASE NUMBER: S1 11 CR 614

PROBATION

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

Three (3) Years with Six (6) Months of Home Confinement

Judgment-Page _=-_ of

5

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.
riJ 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, ifappllcable.)

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, ifapplicable.)

The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, ifappllcable.)

The defendant shall comply with the requirements ofthe Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.)
as direc~ed by the probatton offi~er, the Bureal! of Prisons, or any state sex offender registration agency in which he or she resides,
works, IS a student, or was convIcted of a quaIJfymg offense.

(Check, ifapplicable.)

o The defendant shall participate in an approved program for domestic violence. (Check, ifapplicable.)

Ifthis judgment imposes a fme or restitution, it is a condition ofprobation that the defendant pay in accordance with the Schedule of

Payments sheet ofIhis judgment.

The defendant must 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)

2)

3)
4)

5)

6)

7)

8)

9)

10)

II)
12)

13)

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


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;
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
acceptable reasons;

the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled
substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
the defendant shall not associate with any p'ersons 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 p'crmit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation ofany
contraband observea in plain view ofthe probation officer;
the defendant shall notify the probation officer within seventy-two hours of 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 ofthe court; and
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 Rersonal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant s compliance with such notification requirement.

AD 245B

Case 1:11-cr-00614-VM Document 200 Filed 01/14/13 Page 3 of 5

(Rev. 09/08) Judgment in a Criminal Case
Sheet 4C - Probation

DEFENDANT: THOMAS DEVITT 11/
CASE NUMBER: S111 CR 614

Judgment-Page ----''- of _-,5=--_

SPECIAL CONDITIONS OF SUPERVISION


(1) THE DEFENDANT SHALL COMPLY WITH THE CONDITIONS OF HOME CONFINEMENT FOR A PERIOD OF SIX
MONTHS. DURING THIS PERIOD, THE DEFENDANT WILL REMAIN AT HIS PLACE OF RESIDENCE EXCEPT FOR
EMPLOYMENT AND OTHER ACTIVITIES APPROVED BY HIS PROBATION OFFICER. HE WILL MAINTAIN A
TELEPHONE AT HIS PLACE OF RESIDENCE WITHOUT CALL FORWARDING, A MODEM. CALLER 10, CALL
WAITING, OR PORTABLE CORDLESS TELEPHONES FOR THE ABOVE PERIOD. AT THE DIRECTION OF HIS
PROBATION OFFICER, HE SHALL WEAR AN ELECTRONIC MONITORING DEVICE AND FOLLOW ELECTRONIC
MONITORING PROCEDURES SPECIFIED BY HIS PROBATION OFFICER. HOME CONFINEMENT SHALL
COMMENCE ON A DATE TO BE DETERMINED BY THE PROBATION OFFICER. THE DEFENDANT SHALL PAY THE
COSTS OF HOME CONFINEMENT ON A SELF PAYMENT OR COPAYMENT BASIS AS DIRECTED BY THE
PROBATION OFFICER.

(2) THE DEFENDANT SHALL SUBMIT HIS PERSON. RESIDENCE, PLACE OF BUSINESS, VEHICLE, OR ANY OTHER
PREMISES UNDER HIS CONTROL TO A SEARCH ON THE BASIS THAT THE PROBATION OFFICER HAS
REASONABLE BELIEF THAT CONTRABAND OR EVIDENCE OF A VIOLATION OF THE CONDITION OF THE
RELEASE MAY BE FOUND. THE SEARCH MUST BE CONDUCTED AT A REASONABLE TIME AND IN A
REASONABLE MANNER. FAILURE TO SUBMIT TO A SEARCH MAY BE GROUNDS FOR REVOCATION. THE
DEFENDANT SHALL INFORM ANY OTHER RESIDENTS THAT THE PREMISES MAY BE SUBJECT TO SEARCH
PURSUANT TO THIS CONDITION.

AO 2458

Case 1:11-cr-00614-VM Document 200 Filed 01/14/13 Page 4 of 5

(Rev. 09/08) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties

DEFENDANT: THOMAS DEVITT III
CASE NUMBER: S111 CR 614

Judgment - Page __4__ of

CRIMINAL MONETARY PENAL TIES

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

TOTALS

$ 100.00

Assessment

Fine

$ 15,000.00

Restitution

$ 0.00

o The determination of restitution is deferred until

after such determination.

- - - - -

. An Amended Judgment in a Criminal Case (AD 24SC) will be entered

o 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 proportioned paYI!'!ent, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664ti), all nonfederal victims must be paid
before the United States is paId.

TOTALS

$

0.00

0.00

o Restitution amount ordered pursuant to plea agreement $
r;t The defendant must pay interest on restitution and a fme of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date ofthe judgment, pursuant to 18 U.s.C. § 3612(t). 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:
o the interest requirement is waived for the
o the interest requirement for the

restitution is modified as follows:

restitution.

0

fine 0

0

fine

0

*Findings for the total amount oflosses are required under Chapters 109A, 110, 110A, and I13A ofTitle 18 for offenses committed on or after
Septemoer 13, 1994, but before April 23, 1996.

AD 245B

Case 1:11-cr-00614-VM Document 200 Filed 01/14/13 Page 5 of 5

(Rev. 09/08) Judgment in a Criminal Case
Sheet 6

Schedule of Payments

DEFENDANT: THOMAS DEVITT III
CASE NUMBER: S1 11 CR 614

Judgment - Page

of

SCHEDULE OF PAYMENTS

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

A

r;f Lump sum payment of $ 15,100.00

due immediately, balance due

D
D

not later than
in accordance

D C, D D, D

, or

E, or

F below; or

B D Payment to begin immediately (may be combined with

C,

D, or

F below); or

C 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 the date of this judgment; or

D 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

tenn of supervision; or

E D Payment during the tenn of supervised release will commence within _---,:---__ (e.g.. 30 or 60 days) after release from
defendant's ability to pay at that time; or

imprisonment. The court will set the payment plan based on an assessment

F D Special instructions regarding the payment of criminal monetary penalties:

Unless the court has expressly ordered otherwise, ifthis judgment imposes imprisonment, payment ofcriminal monetary penalties is due during
imprisonment. All cnminal monetary penalties, except those payments made through the Federal Bureau of Pnsons' Inmate Financial
Responsibility Program, are made to the clerk of the court.

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