A0245B (Rev. 09/1 I) Judgment in a Criminal Case- DISTRICT OF OREGON CUSTOMIZED 11/2011 

Sheet 1 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE 

v. Case Number: 3:15-CR-00291-JO 

ROBERT ERIC HELLER USM Number: 77081-965 

Wavne Mackeson 

Defendant's Attorney 

Ryan W. Bounds 

Assistant U.S. Attorney 

THE DEFENDANT: 

[X] pleaded guilty to count 1 of the Information 

[ l 

[ l 

pleaded nolo contendere to count(s) ______________ Which was accepted by the comi. 

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

The defendant is adjudicated guilty of the following offense(s): 

Title & Section Nature of Offense 

26 u.s.c. § 7203 Failure to File Return And Pay Tax 

Date Offense 

Concluded 

Beginning on September 30, 2009 

and continuing through September 

30,2014 

Count Number 

The defendant is sentenced as provided in pages 2 through;)_ 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) , and is discharged as to such count(s). 

[ ] Count(s) Is/are dismissed on the motion of the United States. 

[X] The defendant shall pay a special assessment in the amount of$25.00 for Count! payable innnediately to the Clerk of the U.S. 

District Court. (See also the Criminal Monetary Penalties sheet.) 

IT IS 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. Ifordered 

to pay restitution, the defendant shall notify the court and the United States Attorney of any material change in the defendant's economic 

circumstances. 

April 13, 2016 

Date oflmposition of Sentence 

Name and 

~ Title of Judicial Officer 

April 18, 2016 

Date 

Case 3:15-cr-00291-JO Document 19 Filed 04/18/16 Page 1 of 5
A0245B (Rev. 09/11) Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED I 1/2011 

Sheet 4 - Probation 

DEFENDANT: HELLER, ROBERT ERIC 

CASE NUMBER: 3:15-CR-00291-JO 

PROBATION 

Judg1nent-Page 2 of 5 

The defendant is hereby sentenced to probation for a term of: Five [SJ years and six 161 months home confinement. 

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 from imprisorunent and at least two periodic drug tests thereafter. 

[ ] The above drug testing condition is suspended, based on the court's determination thatthe defendant poses a low risk of future 

substance abuse. (Check, if applicable.) 

If this judgment imposes a fme or restitution obligation, it shall be a condition of probation that the defendant pay any such fine 

or restitution that remains unpaid at the commencement of the term of probation in accordance with the Schedule of Payments 

set forth in the Criminal Monetary Penalties section of this judgment. 

The defendant shall comply with the Standard Conditions of Probation that have been adopted by this court as set forth in this 

judgment. The defendant shall also comply with the Special Conditions of Supervision as set f011h below and any additional 

conditions attached to this judgment. 

SPECIAL CONDITIONS OF SUPERVISION 

I. The defendant shall cooperate in the collection of DNA as directed by the probation officer, if required by la\v. 

2. The defendant shall observe Reentry Court as directed by the probation officer or the Court. 

3. The defendant shall pay full restitution in the amount of$287,500.00, due immediately, to the victim identified in the presentence report. 

lfthe defendant cannot pay full restitution at this time, he shall pay the full amount of restitution \vithin one year of the entry of his guilty 

plea. 

4. The defendant shall authorize release to the U.S. Probation Officer any and all financial information by execution of a release of financial 

information form, or by any other appropriate means, as directed by the probation officer. 

5. The defendant shall disclose aU assets and liabilities to the probation officer. Defendant shall not transfer, se1l, give a\vay, or othenvise 

convey any asset with a fair market value in excess of$l,OOO \Vithout approval of the probation officer. 

6. The defendant shall maintain proper debit, credit, and receipt ledgers for all business transactions. 111ese records shall be made available 

as requested by the probation officer. 

7. The defendant shall pay all taxes due and o\ving as determined by the Internal Revenue Service. 

8. 'll1e defendant shall file true and accurate income tax returns to the Internal Revenue Service by the 15th of April each year and shall 

submit a copy of that tax return to the probation officer as directed. 

9. The defendant shall adhere to a home detention schedule as prescribed by the probation officer for a period of8 months, which n1ay include 

radio frequency, global positioning surveillance, or other 1neans of location monitoring as directed by the probation officer. The defendant's 

e1nployer or other third parties tnay be contacted at the probation officer's discretion to confinn the defendant's compliance with theho1ne 

detention progrrun. The defendant shall pay all or part of the costs of home detention as determined by the probation officer, and may be 

held responsible for any damage to the monitoring equipment. 

Case 3:15-cr-00291-JO Document 19 Filed 04/18/16 Page 2 of 5
A0245B (Rev. 09111) Judgment in a Criminal Case - DlSTRICT OF OREGON CUSTOMIZED 1112011 

Sheet 4A- Probation 

DEFENDANT: HELLER, ROBERT ERIC 

CASE NUMBER: 3:15-CR-00291-JO 

Judgment-Page 3 of 5 

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE 

The Judges of the District of Oregon adopt the following standard conditions of probation and supervised release to apply in every 

case in which probation and/or supervised release is imposed upon a defendant. The individual judge may impose other conditions 

deemed advisable in individual cases of probation or supervised release supervision, as consistent with existing or future law. 

I. The defendant shall report in person to the probation office for the district to which he or she is released within 72 hours of 

release from the custody of the Bureau of Prisons. 

2. The defendant shall not commit another federal, state, or local crime and shall not illegally possess a controlled substance. 

Revocation of probation or supervised release is mandatory for illegal possession of a controlled substance. 

3. The defendant shall not possess a firearm, destructive, or dangerous device. NOTE: This condition does not apply toward 

this defendant, 

4. If the defendant illegally uses drugs or abuses alcohol, has a history of drug or alcohol abuse, or drug use or possession is 

determined to be an element of the defendant's criminal history or instant offense, the defendant shall participate in a 

substance abuse treatment program as directed by the probation officer which may include urinalysis testing to determine if 

the defendant has used drugs or alcohol. In addition to urinalysis testing that may be part ofa formal drug treattnent program, 

. the defendant shall submit up to eight (8) urinalysis tests per month. 

5. The defendant shall submit to a search ofhislher person, residence, office or vehicle, when conducted by a United States 

Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or 

evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The 

defendant shall warn other residents that the premises may be subject to searches pursuant to this condition. 

6. The defendant shall not leave the judicial district without the permission of the court or probation officer. 

7. The defendant shall report to the probation officer as directed by the court or probation officer, and shall submit a truthful 

and complete written report within the first five days of each month. 

8. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. 

The defendant may decline to answer inquiries if a truthful response would tend to incriminate him/her. Such a refusal to 

answer may constitute grounds for revocation. 

9. The defendant shall support his or her dependents and meet other family responsibilities to the best of his or her financial 

ability. 

I 0. The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, 

or other acceptable reasons. 

11. The defendant shall notify the probation officer within 72 hours of any change in residence or employment. 

12. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any 

narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician. 

If, at any time, the probation officer has reasonable cause to believe the defendant is using illegal drugs or is abusing alcohol, 

the defendant shall submit to urinalysis testing, breathalyzer testing, or reasonable examination of the anns, neck, face, and 

lower legs. 

13. The defendant shall not knowingly frequent places where controlled substances are illegally sold, used, distributed, or 

administered. 

14. The defendant shall not knowingly associate with any persons engaged in criminal activity, and shall not knowingly associate 

with any person convicted of a felony, unless granted permission to do so by the probation officer. 

15. The defendant shall permit a probation officer to visit him or her at any reasonable time at home or elsewhere, and shall 

permit confiscation of any contraband observed in plain view by the probation officer. 

16. The defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer. 

17. The defendant shall not enter into any agreement to act as an informant or special agent ofa law enforcement agency without 

the permission of the court. 

18. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by his or her 

criminal record or personal history and characteristics, and shall pennit the probation officer to make such notifications and 

to confirm the defendant's compliance with such a notification requirement. This requirement will be exercised only when 

the probation officer believes a reasonably foreseeable risk exists or a law mandates such notice. Unless the probation officer 

believes the defendant presents an immediate threat to the safety of an identifiable individual, notice shall be delayed so the 

probation officer can arrange for a court hearing and the defendant can obtain legal counsel. 

Case 3:15-cr-00291-JO Document 19 Filed 04/18/16 Page 3 of 5
A0245B (Rev. 09/11) Judgn1ent in a Crin1inal Case~ DISTRICT OF OREGON CUSTOMIZED 11/2011 

Sheet 5 ~ Criminal Monetary Penalties 

DEFENDANT: HELLER, ROBERT ERIC 

CASE NUMBER: 3:15-CR-00291-JO 

CRIMINAL MONETARY PENALTIES 

Judgment-Page 4 of 5 

The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments set 

forth in this Judgment: 

Assessment Restitution TOTAL 

(as noted on Sheet 1) 

TOTALS $25.00 $0.00 $287,500.00 $287,525.00 

] The determination of restitution is deferred until--------

entered after such determination. 

An Amended Judgment in a Criminal Case will be 

] The defendant shall 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 lo 18 U.S.C. § 3664(1), all nonfederal victims must be paid in full prior to the United States receiving payment. 

Priority Order 

Name of Payee Total Amount of Loss* 

Amount of Restitution 

Ordered or Percentage of Pavment 

TTB Excise Tax 

P.O. Box 979055 

St. Louis, MO 63197-9000 

TOTALS 

$ $287,500.00 

$287,500.00 

] If applicable, restitution amount ordered pursuant to plea agreement $ ________ . 

] The defendant shall pay interest on any fine or restitution of more than $2,500, 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(!). All of the payment options on the 

Schedule of Payments may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). 

[X] The court determined that the defendant does not have the ability to pay interest and it is ordered that: 

[X ] the interest requirement is waived for the [X] restitution. 

[ ] the interest requirement for the [ ] fine and/or [ ] restitution is modified as follows: 

Any payment shall be divided proportionately among the payees named unless other\vise specified. 

*Findings for the total amount of losses are required under Chapters 109A, 110, llOA, and 113A of Title 18, United States Code, for offenses committed 

on or after September 13, 1994, but before April 23, 1996. 

Case 3:15-cr-00291-JO Document 19 Filed 04/18/16 Page 4 of 5
A0245B (Rev. 09/ll) Judgment in a Criminal Case· DISTRICT OF OREGON CUSTOMIZED 11/2011 

Sheet 6- Schedule of Payments 

DEFENDANT: HELLER, ROBERT ERIC 

CASE NUMBER: 3:15-CR-00291-JO 

SCHEDULE OF PAYMENTS 

Judgntent-Pagc 5 of 5 

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

A. [XJ Lump sum payment of$287,525.00 due immediately, balance due 

[ x ] in accordance with [] C or [x) D below; or 

B. [X] Payment to begin immediately (may be combined with C below), or 

c. [ l If there is any unpaid balance at the time of defendant's release from custody, it shall be paid in monthly installments 

fnot less than$ per month, until paid in full, to commence immediately upon release from imprisorunent. 

D. [X) Special instructions regarding the payment of criminal monetary penalties: 

See special condition #3 - Defendant shall pay the full amount ofrestitution within one year of the entry of his guilty plea. 

[X) Payment of criminal monetary penalties, including restitution, shall be due during the period of imprisonment as follows: 

(!) 50% of wages earned ifthe defendant is participating in a prison industries program; (2) $25 per quarter ifthe defendant is not 

working in a prison industries program. 

It is ordered that resources received from any source, including inheritance, settlement, or any other judgment, shall be applied to any 

restitution or fine still owed, pursuant to 18 USC § 3664(n). 

All criminal monetary penalties, including restitution, except those payments made through the Federal Bureau of Prisons' Inmate 

Financial Responsibility Program, are made to the Clerk of Court at the address below, unless otherwise directed by the Court, the 

Probation Officer, or the United States Attorney. 

[XJ Clerk of Court 

US District Court - Oregon 

1000 SW Third Avenue 

Suite 740 

Portland, OR 97204 

J Clerk of Court 

US District Court - Oregon 

405 East 8" Avenue 

Suite 2100 

Eugene, OR 97401 

J Clerk of Court 

US District Court - Oregon 

310 West Sixth Street 

Room 201 

Medford, OR 97501 

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 

[ J Joint and Several 

Case Number 

Defendant and Co-Defendant Names 

(including defendant number) Total Amount 

[ ] The defendant shall pay the cost of prosecution. 

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

Joint and Several 

Amount 

Corresponding Payee, 

if appropriate 

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

See Stipulated Order of Garnishment (18) 

Payments shall be applied in the following order: (I) 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. 

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