AC 245B (Mod. D/NJ 12106) Sheet 1 -Judqment in a Criminal Case

UNITED STATES DISTRICT COURT

District of New Jersey

UNITED STATES OF AMERICA

v. Case Number 2:11-cr-0299-03

WAYA NWAKI

Defendant.

JUDGMENT IN A CRIMINAL CASE

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

The defendant, WAYA NWAKI, was represented by Dennis Cleary, Esq.

On motion of the United States the court has dismissed count(s) 2,7,8,11,15-1 9, 23-27.

The defendant pled guilty to count(s) 1,9,14 & 20 of the Indictment on 05/02/12. Accordingly, the court has adjudicated that

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

Count

Title & Section Nature of Offense Date of Offense Number(s)

18:1349 Conspiracy to Commit Wire Fraud 08/09 - 06/10 1

18:1343 Wire Fraud 11/17/09 9

18:1028A Aggravated Identity Theft 10/05/09 -10/21/09 14

18:1030(b) Conspiracy to Gain Unauthorized Access to 08/09 - 06/10 20

Computers

As pronounced on 12/11/12, 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 ordered that the defendant shall pay to the United States a special assessment of $400, for count(s) 1,9,14 & 20, which

shall be due immediately. Said special assessment shall be made payable to the Clerk, U.S. District Court.

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 shall notify the court and United States Attorney of any material change in the

defendant’s economic circumstances.

Signed this the 12th day of December, 2012.

WILLIA J ARTINI

UnitecDistrict Judge

07032

Case 2:11-cr-00299-WJM Document 94 Filed 12/12/12 Page 1 of 6 PageID: 1467
A0 245B (Mod. D/NJ 12/06) Sheet 2 - imprisonment

Judgment — Page 2 of 6

Defendant: WAYA NWAKI

Case Number: 2:11-cr-0299-03

IMPRISONMENT

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

51 months on Counts 1 & 9; 51 months on Count 20 to run concurrent with each other; 24 months on Count 14 to run consecutive

with the sentence imposed on Counts 1,9 & 20 for a total imprisonment of 75 months.

The Court makes the following recommendations to the Bureau of Prisons: It is recommended that defendant be designated

to a facility close to his home in Georgia

The defendant shall remain in custody pending service of sentence.

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 Marshal

Case 2:11-cr-00299-WJM Document 94 Filed 12/12/12 Page 2 of 6 PageID: 1468
AO 245B (Mod. D/NJ 12/06) Sheet 3 -Supervised Release

Judgment — Page 3 of 6

Defendant: WAYA NWAKI

Case Number: 2:11-cr-0299-03

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years; 3 years on

Counts 1,9 & 20; 1 year on Count 14 all such terms to run concurrent.

Within 72 hours of release from custody of the Bureau of Prisons, the defendant shall report in person to the Probation

Office in the district to which the defendant is released.

While on supervised release, the defendant shall comply with the standard conditions that have been adopted by this court

as set forth below.

Based on information presented, the defendant is excused from the mandatory drug testing provision, however, may be

requested to submit to drug testing during the period of supervision if the probation officer determines a risk of substance

abuse.

If this judgment imposes a fine, special assessment, costs, or restitution obligation, it shall be a condition of supervised release that the defendant pay any such fine, assessments, costs, and restitution that remains unpaid at the commencement of the

term of supervised release and shall comply with the following special conditions:

NEW DEBT RESTRICTIONS

You are prohibited from incurring any new credit charges, opening additional lines of credit, or incurring any new monetary loan, obligation, or debt, by whatever name known, without the approval of the U.S. Probation Office. You shall not

encumber or liquidate interest in any assets unless it is in direct service of the fine and/or restitution obligation or otherwise

has the expressed approval of the Court.

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AD 245B (Mod. D/NJ 12/06) Sheet 3a -Supervised Release

Judgment — Page 4 of 6

Defendant: WAYA NWAKI

Case Number: 2:11-cr-0299-03

STANDARD CONDITIONS OF SUPERVISED RELEASE

While the defendant is on supervised release pursuant to this Judgment:

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

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

3) If convicted of a felony offense, the defendant shall not possess a firearm or destructive device.

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

5) The defendant shall report to the probation officer in a manner and frequency directed by the Court or probation officer.

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

7) The defendant shall support his or her dependents and meet other family responsibilities.

8) The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or

other acceptable reasons.

9) The defendant shall notify the probation officer within seventy-two hours of any change in residence or employment.

10) 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.

11) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.

12) The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person

convicted of a felony unless granted permission to do so by the probation officer.

13) The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation

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

14) The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement

officer.

15) The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without

the permission of the court.

16) As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s

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

confirm the defendant’s compliance with such notification requirement.

(17) You shall cooperate in the collection of DNA as directed by the Probation Officer.

(This standard condition would apply when the current offense or a prior federal offense is either a felony, any offense under

Chapter 1 09A of Title 18 (i.e., § 2241-2248, any crime of violence (as defined in 18 U.S.C. 16), any attempt or conspiracy

to commit the above, an offense under the Uniform Code of Military Justice for which a sentence of confinement of more than

one year may be imposed, or any other offense under the Uniform Code that is comparable to a qualifying federal offense);

(18) Upon request, you shall provide the U.S. Probation Office with full disclosure of your financial records, including co-mingled

income, expenses, assets and liabilities, to include yearly income tax returns. With the exception of the financial accounts

reported and noted within the presentence report, you are prohibited from maintaining and/or opening any additional individual

and/or joint checking, savings, or other financial accounts, for either personal or business purposes, without the knowledge

Case 2:11-cr-00299-WJM Document 94 Filed 12/12/12 Page 4 of 6 PageID: 1470
AO 245B (Mod. 0/NJ 12/06) Sheet 3a -Supervised Release

Judgment—Page5of6

Defendant: WAYA NWAKI

Case Number: 2:1 1-cr-0299-03

and approval of the U.S. Probation Office. You shall cooperate with the Probation Officer in the investigation of your financial

dealings and shall provide truthful monthly statements of your income. You shall cooperate in the signing of any necessary

authorization to release information forms permitting the U.S. Probation Office accessto yourfinancial information and records;

(19) As directed by the U.S. Probation Office, you shall participate in and complete any educational, vocational, cognitive or any

other enrichment program offered by the U.S. Probation Office or any outside agency or establishment while under supervision;

(20) You shall not operate any motor vehicle without a valid driver’s license issued by the State of New Jersey, or in the state in

which you are supervised. You shall comply with all motor vehicle laws and ordinances and must report all motor vehicle

infractions (including any court appearances) within 72 hours to the U.S. Probation Office;

ForOffkiaI Use OnIy---US.Probation Office J

Upon a finding of a violation of probation or supervised release, I understand that the Court may (1) revoke

supervision or (2) extend the term of supervision and/or modify the conditions of supervision.

These conditions have been read to me. I fully understand the conditions, and have been provided a copy of

them.

I You shall carry out all rules, in addition to the above, as prescribed by the Chief U.S. Probation Officer, or any I

of his associate Probation Officers. I I (Signed)

I Defendant Date

U.S. Probation Officer/Designated Witness Date

I

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AO 245B (Mod. D/NJ 12/06) Sheet 6- Restitution and Forfeiture

Judgment — Page 6 of 6

Defendant: WAYA NWAKI

Case Number: 2:11-cr-0299-03

RESTITUTION AND FORFEITURE

RESTITUTION

The defendant shall make restitution in the total amount of $1,030,564.45. The Court will waive the interest requirement in this case.

Payments should be made payable to the U.S. Treasury and mailed to Clerk, U.S.D.C., 402 East State Street, Rm 2020, Trenton,

New Jersey 08608, for distribution to the following victims in the following descending order of priority:

Name of Payee (Victim) Amount of Restitution

BB&T $88,632.45

Corporate Security

8484 Campbellton Street

Douglasville, GA 30134

Attention: Tomas McCoy

Bank of America $77,091.00

Corporate Security & Investigations

100 N. Tryon Street

Charlotte, North Carolina 28201

Chase/J PMorgan Chase $747,997.00

Global Security & Investigations

575 Washington Blvd. l2t Floor

Jersey City, NJ 07310

Attention: Paul Cavicchia

ADP $116,844.00

1 ADP Boulevard

Roseland, NJ 07068

Attention: Corporate Security

The amounts ordered represent the total amounts due to the victims for these losses. The defendant’s restitution obligations shall

not be affected by any restitution payments made by other defendants in this case, except that no further payments shall be required

after the sums of the amounts actually paid by all defendants has fully satisfied these losses. The following defendant(s) in the

following case(s) may be subject to restitution orders to the same victims for these same losses:

Marvion Dion Hill Cr. No.: 2:11-cr-0299-05

Osarhieme Uyi Obaygbona Cr. No.: 2:11-cr-0299-4

The restitution is due immediately and shall be paid in full within 30 days of sentencing.

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 through the Federal Bureau

of Prisons’ Inmate Financial Responsibility Program, are made to the clerk of the court.

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.

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