IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Criminal Action No. 11-cr-00362-WYD-1 

UNITED STATES OF AMERICA, 

 Plaintiff, 

v. 

1. DALE JOHNSON, 

2. DONALD BEVERLY, 

3. RONALD BENJAMIN, 

4. JIMMY HUTCHINSON, 

5. VINCENT JACKSON, 

6. JERROLD MINNEY, and 

7. SCOTT GOLDBERG, 

 Defendants. 

 

GOVERNMENT=S MOTION FOR SENTENCING REDUCTION FOR 

DEFENDANT DALE JOHNSON PURSUANT TO U.S.S.G. ' 5K1.1 AND 

SENTENCING RECOMMENDATION

 

The United States of America, by and through John F. Walsh, United States Attorney for 

the District of Colorado, and Tim R. Neff, Assistant United States Attorney, hereby moves for a 

reduction of Defendant =s sentence, pursuant to the provisions of '5K1.1, U.S. Sentencing 

Guidelines, in light of the Defendant=s substantial assistance to the Government in the 

investigation and prosecution of other persons who have committed offenses against the laws of 

the United States. 

In support of the Motion, the Government states as follows: 

Summary of Cooperation

On August 2, 2013, and February 11, 2014, the Defendant provided debriefing statements 

to federal agents in Denver, Colorado. During such debriefings, the Defendant recounted his 

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role, participation and knowledge in the present scheme which was helpful to agents on the case. 

Johnson recalled various organizational meetings, negotiations and real estate transactions in 

which he participated during 2006. Johnson provided detailed information about how Synergy 

initially became involved in real estate purchases in Colorado when he received a call from a 

business associate in February of 2006. Following the initial call, Johnson said that he and other 

members of Synergy began making several trips from California to Colorado over an 

approximately 6-month period. During such trips, he and other Synergy members examined 

various homes for sale, made a number of home purchases, and held various meetings connected 

with the business. Johnson explained his overall business plan for Synergy and provided insight 

as to the structure and operational aspects of the company during 2006. Johnson also recounted 

information regarding conversations and financial agreements he had with Synergy’s members 

and associates during the scheme. 

 Significantly, Johnson provided specific details concerning home purchases made by 

Synergy associates connected to the scheme. Indeed, during the scheme a number of individuals 

– although not members of Synergy – participated in the purchase of homes which involved 

fraudulent loan paperwork and illicit kickbacks. Although investigators were aware of such 

individuals, Johnson provided missing details regarding these associates’ respective relationship 

to Synergy. Based on Johnson’s information, investigators were able to better understand the 

scheme and make informed decisions regarding conducting any further investigation or follow-up 

prosecutions related to such individuals. 

 In addition, Johnson provided timely and helpful information regarding the location of 

co-defendant Ronald Benjamin. By way of background, on September 1, 2011, an arrest warrant 

was issued for Ronald Benjamin in connection with the present case. To date, Benjamin has 

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failed to be apprehended despite diligent efforts by federal law enforcement agents to locate him. 

Benjamin is Johnson’s brother-in-law (specifically, Johnson is married to Ronald Benjamin’s 

younger sister Vicky Johnson). However, for the approximately 21⁄2 years since the Indictment, 

Benjamin has not been apprehended by federal authorities. In his last debriefing with the 

Government, Johnson successfully arranged a telephone call between federal agents and Benjamin 

in an effort to help arrange for Benjamin’s surrender. Johnson also provided helpful background 

information regarding Benjamin and his whereabouts. The Government’s attempts to apprehend 

Benjamin are ongoing. Johnson’s cooperation has provided agents with credible and helpful 

information which has substantially facilitated the Government’s chances of executing Benjamin’s 

arrest warrant. 

Government=s Recommendation 

 Based on the Defendant=s above-described cooperation, the Government requests that the 

Defendant be afforded a reduction in sentence pursuant to U.S.S.G. ' 5K1.1. The debriefing 

statement provided by the Defendant has been evaluated and reviewed by the investigating agents 

from the IRS, FBI and U.S. Postal Inspection Service. The Government submits that Johnson=s 

cooperation has been complete, truthful and reliable. Johnson is obligated as part of his plea 

agreement to provide Atruthful and complete testimony and information@ at any future proceedings 

which would include any trials should one arise. 

The PSR calculates that the recommended range of sentence is 78 months to 87 months 

imprisonment – prior to any reduction in sentence for cooperation. PSR at R-1. Here, the 

Government requests that the Defendant’s offense level be decreased to 54 months 

imprisonment (i.e., 30% reduction from 78 months = 54 months). 

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WHEREFORE, the United States respectfully recommends that this Court grant its 

motion, pursuant to Section 5K1.1 of the United States Sentencing Guidelines and Title 18, United 

States Code, to depart below Defendant=s applicable sentencing guideline range in imposing 

sentence upon Defendant. 

Respectfully submitted this 18th day of February, 2014. 

JOHN F. WALSH 

United States Attorney 

 By: s/Tim Neff 

TIM R. NEFF 

Assistant United States Attorney 

U.S. Attorney=s Office 

1225 17th St., Suite 700 

Denver, CO 80202 

Telephone: (303) 454-0100 

Fax: (303) 454-0402 

e-mail: tim.neff@usdoj.gov

Attorney for the Government 

 

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 CERTIFICATE OF SERVICE

 I hereby certify that on this 18th day of February, 2014, I electronically filed the 

foregoing GOVERNMENT=S MOTION FOR SENTENCING REDUCTION FOR 

DEFENDANT DALE JOHNSON PURSUANT TO U.S.S.G. ' 5K1.1 AND SENTENCING 

RECOMMENDATION using the CM/ECF system which will send notification of such filing 

to the following e-mail address: 

David L. Miller, Esq. 

e-mail: dmiller@davidmillerpc.com 

Attorney for Dale Johnson (1) 

s/Maggie E. Grenvik 

Maggie E. Grenvik 

Legal Assistant 

U.S. Attorney=s Office 

1225 17th St., Suite 700 

Denver, CO 80202 

Telephone: (303) 454-0100 

Fax: (303) 454-0401 

e-mail: maggie.grenvik@usdoj.gov

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