USA v. Breithaupt et al

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
Eastern District of Washington

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
ANDREA L BREITHAUPT

Case Number: 2:22-CR-00133-TOR-1

USM Number: 23967-510

Justin Lonergan

Defendant's Attorney

THE DEFENDANT:
܈܈
pleaded guilty to count(s) 1 of the Indictm ent
܆܆
p lea d ed n olo co nten dere to co unt(s)
which wa s a ccepted by the court.

܆܆
was found guilty on count(s) after a
plea of not guilty.

The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense Offense Ended Count
18 U.S.C. 1349 - CONSPIRACY TO COMMIT BANK FRAUD 09/23/2019 1

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) 2-28, 33-61, 66-76, 80-87
܆܆ is ܈܈are 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 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 must notify the court and United States attorney of material changes in economic circumstances.

11/15/2023
Date of Imposition of Judgment

Signature of Judge

The Honorable Thomas O. Rice Judge, U.S. District Court
Name and Title of Judge
11/15/2023
Date

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. M
CAVOY, CLERK
Nov 15, 2023
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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Judgment -- Page 2 of 3
Sheet 2 - Imprisonment

DEFENDANT: ANDREA L BREI TH AUPT
Case Number: 2:22-CR-00133-TOR-1

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total
term of: 33 months as to Count 1.

܈܈
The court makes the following recommendations to the Bureau of Prisons:
Defendant be housed at FCI Dublin and receive menta l hea lth a nd substa nce a buse trea tment.

܈܈
The defendant is remanded to the custody of the United States Marshal.
܆܆
The defendant shall surrender to the United States Marshal for this district:

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at ܆܆ a.m. ܆܆ p.m . 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 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:

Defenda nt delivered on to

at , with a certified copy of this judgment.

______________________________________________________
UNITED STATES MARSHAL

By ______________________________________________________
DEPUTY UNITED STATES MARSHAL

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Judgment -- Page 3 of 4
Sheet 3 – S upervised R elease

DEFENDANT: ANDREA L BREI TH AUPT
Case Number: 2:22-CR-00133-TOR-1

SUPERVISED RELEASE

Upon release from imprisonment, you shall be on supervised release for a term of: 5 years.

MANDATORY CONDITIONS
1. You must not commit another federal, sta te or local crime.
2. You must not unlawfully possess a controlled substance, in clu d in g m a rij u a n a , wh ich rem a in s illega l under federal law.
3. You must refrain from any unlawful use of a controlled substance. You must 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 you
pose a low risk of future substance abuse. (check if applicable)
4.
܈܈
You must cooperate in the collection of DNA a s directed by the proba tion of f icer. (check if applicable)
5.
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You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et

seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which

you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6.
܆܆
You must participate in an approved program for domestic violence. (check if applicable)

STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are
imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed
by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of
your relea se f rom im prisonment, u n less th e p robatio n o ff icer in stru cts yo u to rep o rt to a d if ferent p robation o ff ice o r within
a different time frame.
2. After initia lly reporting to the probation office, you will receive instructions from the court or the probation officer about
how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You m ust n o t knowingly lea ve the f ederal judicial district where you are authorized to reside without f irst getting permission
from the court or the probation officer.
4. You must be truthful when responding to the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your
liv in g arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the
ch a n ge. I f n otif yin g the probation officer in advance is not possible due to unanticipated circumstances, you must notify the
probation officer within 72 hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation
officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses
you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the
probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as
your position or your job respo nsib ilit ies), y o u m ust n o t if y t h e p ro b a t io n o f f icer a t lea st 1 0 d a y s b ef o re t h e ch a n ge. If
notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must
notify the probation officer within 72 hours of becoming a wa re of a cha nge or expected cha nge.
8. Yo u m u st n o t communicate o r in teract with so meo ne y o u k now is en ga ged in crim inal a ctiv ity. I f y ou k now someone has
been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the
permission of the probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e.,
a n y thing th at wa s designed, or was modified for, the specific purpose of causing bodily injury or death to another person
such as nunchakus or tasers).
11. You must not a ct or make any agreement with a la w enforcement agency to act a s a confidential human source or in formant
without first getting the permission of the court.
12. If this judgment imposes restitution, a fine, or special assessment, it is a condition of supervised release that you pay in
accordance with the Schedule of Payments sheet of this judgment. You shall notify the probation officer of any material
change in your eco nomic circu mstances t hat m igh t a ffect y ou r ab ilit y t o p ay an y u n paid amo unt o f rest it u tio n, f in e, o r sp ecial
a ssessments.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Judgment -- Page 4 of 5
S heet 3D – Supervised Release

DEFENDANT: ANDREA L BREI TH AUPT
Case Number: 2:22-CR-00133-TOR-1

SPECIAL CONDITIONS OF SUPERVISION

1. You must not open, possess, use, or otherwise have access to any checking account, ATM card, or credit
card, without the advance approval of the supervising officer.

2. You must provide the supervising officer with access to any requested financial information and authorize the
release of any financial information. The probation office may share financial information with the U.S.
Attorney’s Office. You must disclose all assets and liabilities to the supervising of f icer. You must not transf er,
sell, give away, or otherwise convey any asset, without the advance approval of the supervising officer.

3. You must not incur any new debt, open additional lines of credit, or enter into any financial contracts,
without the advance approval of the supervising officer.

4. You must not engage in any form of gambling (including, but not limited to, lotteries, on-line wagering,
sports betting) and you must not enter any casino or other establishment where gambling is the primary purpose
(e.g., horse race tracks, off -track betting establishments).

5. You must submit your person, residence, office, vehicle and belongings to a search, conducted by a probation
officer, at a sensible time and manner, based upon reasonable suspicion of contraband or evidence of violation
of a condition of supervision. Failure to submit to search is grounds for revocation. You must warn persons with
whom you share a residence that the premises may be subject to search.

6. You must undergo substance abuse evaluations and, if indicated by a licensed/certified treatment provider,
enter into and successfully complete approved substance abuse treatment programs, which could include
inpatient treatment and aftercare upon further order of the court. You must contribute to the cost of treatment
according to your ability to pay. You must allow f ull reciprocal disclosure between the supervising of f icer and
treatment provider.

7. You must abstain f rom the use of illegal controlled substances, and must submit to urinalysis and sweat patch
testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued
abstinence from these substances.

8. You must complete mental health evaluations and follow any treatment recommendations of the evaluating
professional which do not require forced or psychotropic medication and/or inpatient confinement, absent
further order of the court. You must allow reciprocal release of information between the supervising officer and
treatment provider. You must contribute to the cost of treatment according to your ability to pay.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy o f this
judgment containing these conditions. For further information rega rding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Da te

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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Judgment -- Page 5 of 6
Sheet 5 – Criminal Monetary Penalties

DEFENDANT: ANDREA L BREI TH AUPT
Case Number: 2:22-CR-00133-TOR-1

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

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $100.00 $109,585.40 $.00 $.00

܆܆
The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO245C) will b e
entered after such determination.
܆܆
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 payment ,
unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage

Horizon Credit Union: $4,245.71 $4,245.71 1st in full

Idaho Central Credit Union: $57,642.76 $57,642.76 5th in full

Numerica Credit Union: $18,743.14 $18,743.14 4th in full

Spokane Teacher’s Credit Union: $15,409.30 $15,409.30 3rd in full

Twin Star Credit Union: $13,544.49 $13,544.49 2nd in full

܆܆
Restitu tio n amo unt o rdered p ursuant to p lea agreement $
܆܆
The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full
before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). 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).

܈܈
Th e co u rt d et erm in ed t h a t t h e d ef en d a n t d o es n o t h a v e t h e a b ilit y t o p a y in t erest a n d it is o rd ered t h a t :
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the interest requirem ent is wa ived
for the
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fine
܈܈
rest it u t io n
܆܆
the interest requirem ent f or the
܆܆
fine
܆܆
restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses commit ted on or after
September 13, 1994, but before April 23, 1996.

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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Judgment -- Page 6 of 7
Sheet 6 – Schedule of Payments

DEFENDANT: ANDREA L BREI TH AUPT
Case Number: 2:22-CR-00133-TOR-1

SCHEDULE OF PAYMENTS

H a v in g a ssessed t h e d ef en d a n t 's a b ilit y t o p a y , p a y m en t o f t h e t o t a l crim in a l m o n e t a ry p en a lt ies is d u e a s f o llo ws:

A
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Lump sum payments of $ 100.00 due immediately, balance due
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not la ter tha n , or
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in a ccordance with
܆܆
C,
܆܆
D,
܆܆
E, or
܈܈
F below; or
B
܆܆
Pa yment to begin immediately (may be combined with
܆܆
C,
܆܆
D, or
܆܆
F below); or
C
܆܆
Payment in equal (e.g., weekly, monthly, quarterly) insta llm ents 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
܆܆
Payment in equal (e.g., weekly, monthly, quarterly) insta llm ents of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) a f ter release f rom im p risonme nt t o a
term of supervision; or
E
܆܆
Pa y ment d urin g t h e t erm o f su pervised release will co m men ce wit h in (e.g., 30 or 60 days) a f ter relea se f rom
im p riso n ment. Th e co urt will set t h e p a ymen t p lan b ased o n a n a ssessment o f t h e d ef en d a n t 's a b ilit y t o p a y a t t h a t t im e; o r
F
܈܈
Special instructions regarding the payment of criminal monetary penalties:

Defendant shall participate in the BOP Inmate Financial Responsibilit y Pro gra m . Du rin g t h e t im e o f in ca rcera t io n , m o n et a ry
penalties are payable on a quarterly basis of
not less than $25.00 per quarter.

While on supervised release, monetary penalties are payable on a monthly basis of not less than $
400.00 per month or 10% of the
defendant's net household income, whichever is larger, commencing 30 days after the defendant
is relea sed f ro m im p riso n m en t .

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. All criminal monetary penalties, except those payments made thro ugh the Federal Bureau of Prisons'
I n m ate Fin ancial Respo nsib ilit y Pro gram, a re m a d e t o t h e
following address until monetary penalties are paid in full: Clerk, U.S.
District Court, Attention: Finance, P.O. Box 1493, Spokane, WA 99210 -1493.

The defenda nt sha ll receive credit for a ll pa yments previously ma de towa rd a ny crimina l moneta ry pena lties imposed.

܈܈
Joint and Several
1

Def en dan t a nd Co -Defen dan t Na mes a nd Case Nu mbers (including defendant number), Total Amount, Joint and Several Amount,
and
corresponding payee, if appropriate.
2:22-cr-0 0133 -TOR-2 – Zat, Michelle M., Joint and Several $57,642.76 to Idaho Central Credit Union
$18,743.14 to Numerica Credit Union
$15,409.30 to Spokane Teacher’s Credit Union
$4,245.71 to Horizon Credit Union
$13,544.49 to Twin Star Credit Union
2:22-cr-0 0133 -TOR-3 – Zarate-Cruz, Chrystal M., Joint and Several$9,885.00 to Idaho Central Credit Union
2:22-cr-00133-TOR-4 - Lopez, Alicia A., Joint and Several $7,263.92 to Idaho Central Credit Union
$4,429.99 to Numerica Credit Union
$1,000.00 to Spokane Teacher’s Credit Union
2:22-cr-0 0133 -TOR-5 – Barajas, Sasha M., Joint and Several $3,745.71 to Horizon Credit Union
2:22-cr-00133-TOR-6 – Morgan, Brittney R., Joint and Several $9,373.54 to Idaho Central Credit Union
$500.00 to Horizon Credit Union
2:22-cr-0 0133 -TOR-7 – Wilkins, Susan D., Joint and Several $13,748.54 to Idaho Central Credit Union
$5,048.00 to Numerica Credit Union

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment (5) fine
principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court
costs

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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Judgment -- Page 7 of 7
Sheet 6 – Schedule of Payments
2:22-cr-00133-TOR-9 – McElroy, Ashlee M., Joint and Several $2,000.00 to Spokane Teacher’s Credit Union
2:22
-cr-0 0133 -TOR-10 – Wuest, Austin A., Joint and Several $9,373.54 to Idaho Central Credit Union
2:22-cr-00133-TOR-11 Terri L Jackson, Joint and Several $5,081.88 to Idaho Central Credit Union
2:22-cr-00133-TOR-13 Kacie L Klundt, Joint and Several $6,826.31 to Idaho Central Credit Union
2:22-cr-00133-TOR-14 – Kyles, Kimberlee S., Joint a nd Severa l $845.00 to Idaho Central Credit Union
2:22-cr-0 0133 -TOR-15 – Bloch, Kristie M., Joint and Several $1,322.00 to Spokane Teacher’s Credit Union
2:22-cr-0 0133 -TOR-16 – Preston, Mark A., Joint and Several $1,000.00 to Spokane Teacher’s Credit Union
2:22-cr-0 0133 -TOR-17 – Eller, Sheena K., Joint and Several $9,265.15 to Numerica Credit Union
2:22-cr-0 0133 -TOR-18 H u ghes, Patrick D., Jo in t a n d Sev era l $ 1 ,754.22 to Idaho Central Credit Union
2:22-cr-0 0133 -TOR-19 H awkin s, Marcus S., Jo in t a nd Several $ 1 ,167.28 to Idaho Central Credit Union
2:22-cr-00133-TOR-20 Cameron, Willia m H ., Jo in t a n d Sev era l $ 4 ,797.08 to Idaho Central Credit Union

܆܆
The defendant shall pay the cost of prosecution.
܆܆
The defendant shall pay the following court cost(s):
܆܆
The defendant shall forfeit the defendant's interest in the following property to the United States:

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