USA v. Heritage

AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 1
U NITED STATES DISTRICT COURT
Western District of Arkansas
UNITED STATES OF AMERICA )
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JUDGMENT IN A CRIMINAL CASE
v.
JAMES HERITAGE
Case Number: 	6:21CR60007-001
USM Number: 	41495-509
Clay Janske
THE DEFENDANT: Defendant’s Attorney
pleaded guilty to count(s) 	One (1) and Two (2) of the Information on April 9, 2021.
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 offenses:
Title & Section 	Nature of Offense Offense
Ended Count
18 U.S.C. § 1001(a)(3) 	False Statement 	04/03/2020 	1
18 U.S.C. § 1341 	Mail Fraud 	09/06/2020 	2
The defendant is sentenced as provided in pages 2 through 	11 	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) 	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.
May 26, 2022
Date of Imposition of Judgment
/s/ Susan O. Hickey
Signature of Judge
Honorable Susan O. Hickey, Chief United States District Judge
Name and Title of Judge
Date
May 27, 2022
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AO 245B (Rev. 09/19) 	Judgment in Criminal Case
Sheet 2 — Imprisonment
Judgment — Page 	2 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of: twenty-seven (27) months on each count with terms to run concurrently for a total term of twenty-
seven (27) months. The defendant is to receive credit for time served in federal custody.
The court makes the following recommendations to the Bureau of Prisons:
That the defendant be allowed to take part in any mental health treatment that is available to him.
That the defendant be confined in a BOP facility that can appropriately manage and treat the defendant’s mental health
and physical health issues.
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 	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 	July 6, 2022 	.
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 	, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 — Supervised Release
Judgment—Page 	3 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of: three (3) years on Count One and five (5) years
on Count Two with terms to run concurrently, for a total term of five (5) years.
MANDATORY CONDITIONS
1. 	You must not commit another federal, state or local crime.
2. 	You must not unlawfully possess a controlled substance.
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 make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
5. 	You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. 	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 the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. 	You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 3A — Supervised Release
Judgment—Page 	4 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
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
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different
time frame.
2. 	After initially 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 must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from
the court or the probation officer.
4. 	You must answer truthfully 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 living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
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
responsibilities), you must notify the probation officer at least 10 days before the change. 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 aware of a change or expected change.
8. 	You must not communicate or interact with someone you know is engaged in criminal activity. If you know 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., anything that was
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 act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
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 of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.
Defendant's Signature 	Date
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 3D — Supervised Release
Judgment—Page 	5 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
SPECIAL CONDITIONS OF SUPERVISION
1. 	The defendant shall submit his person, residence, and/or vehicle(s) to a search conducted by the U.S. Probation
Office at a reasonable time and in a reasonable manner based upon reasonable suspicion of evidence of a violation
of any condition of supervised release. Failure to submit to a search may be grounds for revocation.
2. 	The defendant shall submit to inpatient or outpatient mental health evaluation, counseling, testing and/or treatment,
as deemed necessary and as directed by the U.S. Probation Office.
3. 	The defendant shall not open any new lines of credit or acquire new debt unless preapproved by the U.S. Probation
Office.
4. 	The defendant shall make full and complete disclosure of his finances and submit to an audit of financial documents
at the request of the U.S. Probation Office.
5. 	The defendant shall not purchase, possess, use, distribute, or administer marijuana or obtain or possess a medical
marijuana card or prescription. If the defendant is currently in possession of a medical marijuana card, he will turn it
over immediately to the probation office.
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
Judgment — Page 	6 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
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 	$ 	200.00 	$ 469,082.73 	$ -0- 	$ 	-0- 	$ -0-
The determination of restitution is deferred until 	. An Amended Judgment in a Criminal Case (AO 245C) will be
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
Arvest Bank 	$183,937.32 	$183,937.32 	Priority 1
135 Section Line Road
Hot Springs, AR 71913
Alabama DOL Internal Security 	$1,428.00 	$1,428.00 	Priority 2
Attn: Courtney Jarome
Claimant ID Number: 581-35-30
649 Monroe Street, Rm. 2211
Montgomery, AL 36131
Arizona Department of Economic Security 	$9,960.00 	$9,960.00 	Priority 2
Office of Inspector General UIBF
Attn: Patricia Solano
Claimant ID Number: 13444772
2200 N. Central Ave., Ste. 301 M/D1747
Phoenix, AZ 85004
California Employment Development Department 	$7,650.00 	$7,650.00 	Priority 2
EDD Investigation Division
Attn: Rosa Martinez
P.O. Box 59387
Norwalk, CA 90652-0387
Connecticut DOL-UI Integrity Division 	$21,556.00 	$21,556.00 	Priority 2
Attn: BPCU
Claimant ID: James Heritage 6070
200 Folly Brook Blvd.
Wethersfield, CT 06109
TOTALS 	$ 	469,082.73 	$ 	469,082.73
Restitution amount ordered pursuant to plea 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).
The court determined that the defendant does not have the ability to pay interest and it is ordered that:
the interest requirement is waived for the 	fine 	restitution.
the interest requirement for 	fine 	restitution is modified as follows:
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 5B — Criminal Monetary Penalties
Judgment — Page 	7 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
ADDITIONAL RESTITUTION PAYEES
Name of Payee 	Total Loss*** 	Restitution Ordered 	Priority or Percentage
District of Columbia 	$7,004.16 	$7,004.16 	Priority 2
Department of Employment Services
Attn: Cass Innocent
4058 Minnesota Avenue NE, Suite 4305
Washington, DC 20019
Georgia Department of Labor 	$8,815.00 	$8,815.00 	Priority 2
UI Policy & Procedures Section
Attn: Jeffrey W. Babcock
148 Andrew Young International Blvd., NE
Suite 826
Atlanta, GA 30303-1751
Illinois Department of Employment Security 	$18,796.00 	$18,796.00 	Priority 2
Attn: Marco Morales or Gilbert Muniz
Benefit Payment Control-10 th Floor
33 South State Street
Chicago, IL 60603
Indiana Department of Workforce Development 	$12,060.00 	$12,060.00 	Priority 2
Attn: Marsha White/UI Cashiering
10 N. Senate Ave. SE 001
Indianapolis, IN 46204-2277
$6,870.00 	$6,870.00 	Priority 2
Executive Office of Labor and Workforce
Development, Commonwealth of Massachusetts
Charles F. Hurley Building
Massachusetts Dept. of Unemployment Assistance
Program Integrity Dept. 2 nd Floor
Claimant ID: A00-000-0009-34
19 Staniford Street
Boston, MA 02114
Division of Unemployment Insurance 	$14,680.00 	$14,680.00 	Priority 2
Maryland Department of Labor
Attn: Pam Holland
1100 N. Eutaw Street
Baltimore, MD 21201
Maine Department of Labor 	$10,535.87 	$10,535.87 	Priority 2
Bureau of Unemployment Compensation
Attn: Paul Jerome
Claimant ID: 935254
97 State House Station
Augusta, ME 04333-0097
State of Michigan 	$15,516.00 	$15,516.00 	Priority 2
UI-Restitution, Dept. No. 771760
Attn: Maria Skonieczny
Claim ID: 0020059904
P.O. Box 77000
Detroit, MI 48277-1760
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 5B — Criminal Monetary Penalties
Judgment — Page 	8 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
ADDITIONAL RESTITUTION PAYEES
Name of Payee 	Total Loss*** 	Restitution Ordered 	Priority or Percentage
Missouri Division of Employment Security/SIU 	$9,195.00 	$9,195.00 	Priority 2
Attn: Josh Crider
Claimant ID: James Heritage 6070
P.O. Box 3100
Jefferson City, MO 65102
Mississippi Department of Employment Security 	$9,990.00 	$9,990.00 	Priority 2
Management Department
Attn: Jason Klamm
1235 Echelon Parkway
Jackson, MS 39215
North Carolina Dept. of Commerce 	$10,512.00 	$10,512.00 	Priority 2
Division of Employment Security
Attn: Regina Graham
Claimant ID: 12665808
P.O. Box 25903
Raleigh, NC 25903
$8,136.00 	$8,136.00 	Priority 2
Job Service North Dakota
Attn: Finance
P.O. Box 5507
Bismarck, ND 58506-5507
Nebraska Benefit Payment Control Unit 	$4,116.16 	$4,116.16 	Priority 2
Attn: Keith Riley
550 S. 16 th Street
Lincoln, NE 68509
New Jersey Department of Labor 	$5,217.00 	$5,217.00 	Priority 2
Income Security-Division of Unemployment
Attn: Michael Kulyk
Claimant ID: 004328259
P.O. Box 058
Trenton, NJ 08625-0058
New Mexico Department of Workforce Solutions 	$8,810.50 	$8,810.50 	Priority 2
Attn: BPC
Claimant ID: James Heritage 2000256812
P.O. Box 1928
Albuquerque, NM 87103
Nevada Employment Security Division 	$13,166.00 	$13,166.00 	Priority 2
Benefits Integrity Programs
Attn: Richard Moreno
Claimant ID: 1432953
P.O. Box 3185
Carson City, NV 89702
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 5B — Criminal Monetary Penalties
Judgment — Page 	9 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
ADDITIONAL RESTITUTION PAYEES
Name of Payee 	Total Loss*** 	Restitution Ordered 	Priority or Percentage
New York State Department of Labor 	$8,952.10 	$8,952.10 	Priority 2
Office of Special Investigations, Major Case Unit
Attn: Michelle Martone
Harriman State Office Campus
Building 12, Room 200
Albany, NY 12240
Ohio Department of Job and Family Services 	$8,625.46 	$8,625.46 	Priority 2
Office of UI Operations
JFS-OUIO Finance Section
Attn: Ted Maynard
Claimant ID: 30128212
P.O. Box 182059
Columbus, OH 43218-2059
Oklahoma Employment Security Commission 	$7,890.00 	$7,890.00 	Priority 2
Attn: Bret Hansen
2401 Lincoln Blvd.
Oklahoma City, OK 73152
Pennsylvania Office of UC Benefits Policy 	$13,920.00 	$13,920.00 	Priority 2
Benefit Payment Control and Benefit Integrity
Attn: Bonnie Haas
651 Boas Street
Labor and Industry Building, Room 608
Harrisburg, PA 17121
South Carolina Dept. of Employment and Workforce 	$7,572.00 	$7,572.00 	Priority 2
Fraud Investigations Unit
Attn: Trey McLeod
P.O. Box 995
Columbia, SC 29202
South Dakota Dept. of Labor and Regulation 	$4,618.16 	$4,618.16 	Priority 2
Attn: Benefit Payment Control (Tammy Olson)
Claimant ID: 233681
P.O. Box 4730
Aberdeen, SD 57401
Texas Workforce Commission 	$4,842.00 	$4,842.00 	Priority 2
Regulatory Integrity Division
Attn: Office of Investigation-Loretta Tackett
Claimant ID: 432-five1-six070
101 E. 15 th Street
Austin, TX 78778
Utah Department of Workforce Services 	$14,720.00 	$14,720.00 	Priority 2
Attn: Martin Luna
Debt ID: 2962433
Olene Walker Building
140 E. 300 South
Salt Lake City, UT 84111
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 5B — Criminal Monetary Penalties
Judgment — Page 	10 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
ADDITIONAL RESTITUTION PAYEES
Name of Payee 	Total Loss*** 	Restitution Ordered 	Priority or Percentage
Vermont Department of Labor 	$4,212.00 	$4,212.00 	Priority 2
Attn: Melissa Jenkins
P.O. Box 488
Montpelier, VT 05601-0488
Workforce West Virginia 	$5,780.00 	$5,780.00 	Priority 2
Initial Claims-506
Attn: Andy Osborne
1900 Kanawha Blvd. East
Bldg. 3, Room 300
Charleston, WV 25305
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Sheet 6 — Schedule of Payments
Judgment — Page 	11 	of 	11
DEFENDANT: 	JAMES HERITAGE
CASE NUMBER: 	6:21CR60007-001
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A 	Lump sum payment of $ 	469,282.73 	due as set forth below:
not later than 	, or
in accordance with 	C 	D, 	E, or 	F below; or
B 	Payment to begin immediately (may be combined with 	C, 	D, or 	F below); or
C 	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 	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
term of supervision; or
E 	Payment during the term of supervised release will commence within 	(e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or
F 	Special instructions regarding the payment of criminal monetary penalties:
If not paid immediately, any unpaid financial penalty shall be paid by the defendant during his term of imprisonment at a rate
of up to 50% of the defendant’s available funds, in accordance with the Inmate Financial Responsibility Program. During
residential reentry placement, payments will be 10% of the defendant’s gross monthly income. The payment of any remaining
balance shall become a condition of supervised release and shall be paid in monthly installments of $100 or 15% of defendant’s
gross monthly household income, whichever is greater, with the entire balance to be paid in full no later than one month prior to
the end of the period of supervised release.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due
during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’
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
Case Number
Defendant and Co-Defendant Names
(including defendant number) 	Total Amount
Joint and Several
Amount
Corresponding Payee,
if appropriate
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:
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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