United States DistrictCourt

WESTERN DISTRICT OF TEXAS

SAN ANTONIO ANTONIO DIVISION

UNITED STATES OF AMERICA

v.

Case Number:

USM Number: 44353-480

5:20-CR-00095-FB(2)

CHRISTOPHER MONTOYA

Alias(es):

Montoya, Christopher Felix J.

Montoya, C. Felix James

Felix, Christopher M.

Montoya, Christopher Felix James

Montoya, Christopher Felix

Defendant.

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)

The defendant, CHRISTOPHER MONTOYA, was represented by Alan Brown, Esq.

Upon motion by the United States, the Court dismissed the remaining count(s) as to this defendant.

The defendant pled guilty

guilty of such Count(s), involving the following offense(s):

to Count One (1) of the Indictment on July 7, 2021. Accordingly, the defendant is adjudged

Title & Section Nature of Offense Offense Ended Count

18 U.S.C. § 371 and 42 U.S.C.

§ 1320a-7b(b)(1)

Conspiracy to Receive Healthcare

Kickbacks

06/30/2015 One (1)

As pronounced on November 30, 2021, the defendant is sentenced as provided in pages 2 through 6 of this Judgment. The

sentence is imposed pursuant to the Sentencing Reform Act of 1984.

It is further 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 must notify the Court and United States Attorney of material changes in economic

circumstances.

SIGNED this 15th day of December, 2021.

Fred Biery

UNITED STATES DISTRICT JUDGE

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DEFENDANT:

CASE NUMBER:

CHRISTOPHER MONTOYA

5:20-CR-00095-FB(2)

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of

eighteen (18) months as to count one (1) with credit for time served while in custody for this federal offense pursuant to 18

U.S.C. § 3585(b). This term of imprisonment to run consecutively to the term imposed in case #5:19-CR-00905.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons at or before 2:00

PM when notified to report by the United States Pretrial Services. However, the defendant shall not be required to report prior to

February 07, 2022.

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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DEFENDANT:

CASE NUMBER:

CHRISTOPHER MONTOYA

5:20-CR-00095-FB(2)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of three (3) years. This term of

supervised release to run concurrently to the term imposed in case #5:19-CR-00905.

While on supervised release, the defendant shall comply with the mandatory, standard and if applicable, the special

conditions that have been adopted by this Court, and shall comply with the following additional conditions:

1.

2.

3.

4.

5.

6.

7.

The defendant shall provide the probation 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.

The defendant, Joshua Lopez, Devonte Whitmore, and Jonathan Gann shall jointly and severally pay restitution that is

imposed by this judgment that remains unpaid at the commencement of the term of supervised release in 5:20CR00095.

If the defendant is unable to pay the Special assessment and Restitution immediately, the defendant shall pay the entire

amount of the Special assessment and Restitution at the rate of no less than $100 per month, due by the third day of each

month beginning upon the commencement of supervision. The Court imposed payment schedule shall not prevent

statutorily authorized collection efforts by the U.S. Attorney. The defendant shall cooperate fully with the U.S. Attorney

and the U.S. Probation Office to make payment in full as soon as possible.

The defendant shall participate in a mental health treatment program and follow the rules and regulations of that

program. The probation officer, in consultation with the treatment provider, shall supervise participation in the program

(provider, location, modality, duration, intensity, etc.). The defendant shall pay the costs of such treatment if financially

able.

The defendant shall take all mental health medications that are prescribed by the treating physician.

The defendant shall not be permitted to write prescriptions during the term of supervision.

The defendant shall not practice or be employed as a Physician’s Assistant without a license or be employed in

the healthcare field.

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DEFENDANT:

CASE NUMBER:

CHRISTOPHER MONTOYA

5:20-CR-00095-FB(2)

CONDITIONS OF SUPERVISION

Mandatory Conditions:

1) The defendant shall not commit another federal, state, or local crime during the term of supervision.

2) The defendant shall not unlawfully possess a controlled substance.

3) 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 on probation or supervised release and at least two periodic drug tests thereafter (as determined by

the court), but the condition stated in this paragraph may be ameliorated or suspended by the court if the defendant’s

presentence report or other reliable sentencing information indicates low risk of future substance abuse by the defendant.

4) The defendant shall cooperate in the collection of DNA as instructed by the probation officer, if the collection of such a

sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. § 14135a).

5) If applicable, the defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42

U.S.C. § 16901, et. seq.) as instructed by the probation officer, the Bureau of Prisons, or any state sex offender registration

agency in which the defendant resides, works, is a student, or was convicted of a qualifying offense.

6) If convicted of a domestic violence crime as defined in 18 U.S.C. § 3561(b), the defendant shall participate in an approved

program for domestic violence.

7) If the judgment imposes restitution, the defendant shall pay the ordered restitution in accordance with 18 U.S.C. §§ 2248,

2259, 2264, 2327, 3663, 3663A, and 3664. (if applicable)

8) The defendant shall pay the assessment imposed in accordance with 18 U.S.C. § 3013.

9) If the judgment imposes a fine, it is a condition of supervision that the defendant, pay in accordance with the Schedule of

Payments sheet of the judgment.

10) The defendant shall notify the court of any material change in the defendant’s economic circumstances that might affect the

defendant’s ability to pay restitution, fines or special assessments.

Standard Conditions:

1) The defendant shall report to the probation office in the federal judicial district where he or she is authorized to reside within

seventy-two (72) hours of release from imprisonment, unless the probation officer instructs the defendant to report to a

different probation office or within a different time frame.

2) After initially report to the probation office, the defendant will receive instructions from the court or the probation officer

about how and when to report to the probation officer, and the defendant shall report to the probation officer as instructed.

3) The defendant shall not knowingly leave the federal judicial district where he or she is authorized to reside without first

getting permission from the court or the probation officer.

4) The defendant shall answer truthfully the questions asked by the probation officer.

5) The defendant shall live at a place approved by the probation officer. If the defendant plans to change where he or she lives

or anything about his or her living arrangements (such as the people the defendant lives with), the defendant shall notify the

probation officer at least ten (10) days before the change. If notifying the probation officer in advance is not possible due to

unanticipated circumstances, the defendant shall notify the probation officer within seventy-two (72) hours of becoming

aware of a change or expected change.

6) The defendant shall allow the probation officer to visit the defendant at any time at his or her home or elsewhere, and the

defendant shall permit the probation officer to take any items prohibited by the conditions of the defendant’s supervision that 

are observed in plain view.

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DEFENDANT:

CASE NUMBER:

CHRISTOPHER MONTOYA

5:20-CR-00095-FB(2)

7)

8)

9)

The defendant shall work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer

excuses the defendant from doing so. If the defendant does not have full-time employment, he or she shall try to find fulltime employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where

the defendant works or anything about his or her work (such as the position orjob responsibilities), the defendant shall notify

the probation officer at least ten (10) days before the change. If notifying the probation officer at least ten (10) days in

advance is not possible due to unanticipated circumstances, the defendant shall notify the probation officer within seventytwo (72) hours of becoming aware of a change or expected change.

The defendant shall not communicate or interact with someone the defendant knows is engaged in criminal activity. If the

defendant knows someone has been convicted of a felony, the defendant shall not knowingly communicate or interact with

that person without first getting the permission of the probation officer.

If the defendant is arrested or questioned by a law enforcement officer, the defendant shall notify the probation officer within

seventy-two (72) hours.

10) The defendant shall 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) The defendant shall 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 the defendant poses a risk to another person (including an organization), the probation 

officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction.

The probation officer may contact the person and confirm that the defendant has notified the person about the risk.

13) The defendant shall follow the instructions of the probation officer related to the conditions of supervision.

14) If the judgment imposes other criminal monetary penalties, it is a condition of supervision that the defendant pays such

penalties in accordance with the Schedule of Payments sheet of the judgment.

15) If the judgment imposes a fine, special assessment, restitution, or other criminal monetary penalties, it is a condition of

supervision that the defendant shall provide the probation officer access to any requested financial information.

16) If the judgment imposes a fine, special assessment, restitution, or other criminal monetary penalties, it is a condition of

supervision that the defendant shall not incur any new credit charges or open additional lines of credit without the approval of

the probation officer, unless the defendant is in compliance with the payment schedule.

17) If the defendant is excluded, deported, or removed upon release on probation or supervised release, the term of supervision

shall be a non-reporting term of probation or supervised release. The defendant shall not illegally re-enter the United States.

If the defendant is released from confinement or not deported, or lawfully re-enters the United States during the term of

probation or supervised release, the defendant shall immediately report to the nearest U.S. Probation Officer.

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DEFENDANT:

CASE NUMBER:

CHRISTOPHER MONTOYA

5:20-CR-00095-FB(2)

CRIMINAL MONETARY PENALTIES/SCHEDULE

The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of

payments set forth. Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of

criminal monetary penalties is due during the period of imprisonment. Criminal Monetary Penalties, except those payments

made through Federal Bureau of Prisons' Inmate Financial Responsibility Program, shall be paid through the Clerk, United 

States District Court, Attn: Mail Log, 262 West Nueva Street, San Antonio, TX 78207 or online by Debit (credit cards not

accepted) or ACH payment (direct from Checking or Savings Account) through Pay.gov (link accessible on the landing page

of the U.S. District Court’s Website). Your mail-in or online payment must include your case number in the exact

format of DTXW520CR00095-001

to ensure proper application to your criminal monetary penalty. The defendant shall receive credit for all payments 

previously made toward any criminal monetary penalties imposed.

.

TOTALS

Assessment

$100.00

Fine

$.00

Restitution

$797,262.31

SPECIAL ASSESSMENT

It is ordered that the defendant shall pay to the United States a special assessment of $100.00. Payment of this sum shall

begin immediately

FINE

The fine is waived because of the defendant's inability to pay.

RESTITUTION – JOINTLY AND SEVERALLY

The defendant shall pay restitution in the amount of $797,262.31 through the Clerk, U.S. District Court, for distribution to the

payee(s). Payment of this sum shall begin immediately. The Court gives notice that this case involves other defendant(s) who may be

held jointly and severally liable for payment of all or part of the restitution ordered herein and may order such payment in the future.

The Court directs the United States Probation Office to provide personal identifier information of victims by submitting a

"reference list'' under seal Pursuant to E-Government Act of 2002'' to the District Clerk within ten (10) days after the criminal

Judgment has been entered.

Name of Payee

Tricare

Defense Health Agency

Resource Management Division

Attn: Contract Resource Management

16401 East Centretech Parkway

Aurora, CO 80011-9043

DHA TIN: 84-1464956

Amount of Restitution

$797,262.31

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 above. However, pursuant to 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United States is paid.

If the fine is not paid, the court may sentence the defendant to any sentence which might have been originally imposed. See 18 U.S.C. §3614.

The defendant shall pay interest on any fine or restitution of more than $2,500.00, unless the fine or restitution is paid in full before the fifteenth day after the date of the

judgment, pursuant to 18 U.S.C. §3612(f). All payment options may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. §3612(g).

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine

interest, (7) penalties, and (8) costs, including cost of prosecution and court costs.

Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994,

but before April 23, 1996.

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