Free Judgment - District Court of Connecticut - Connecticut

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Case 3-03-¤t·I2II*¥ITE'DJ S'|EATE”S"EfI°$TIJ-IICIIDT/J1OD(I9t I
I DISTRICT OF CONNECTICUT ,
I I
I 4_4, , JUDGMENT IN A CRIMINAL CASE ,
UNITED STATES OF AMERICA `
I v. mi MMI IU ID it IQ 0AsE No. 3:03CR182 (snu)
I I (_ Y CASE NO. 3:03CR253 (SRU)
I sA|.vA1·onE .1. CARTELLI, Jla]. ,EIj_§?_j,¤§II§,I CQI ga; I
I ’ ‘ " I’*’i‘“ Calvin B. Kurimai , Assistant U.S. Attorney
I
Jonathan Einhorn, Esg. I
Defendant's Attorney I
The defendant was found guilty of counts One through Nine in case #3:03cr182 and was found guilty of count One in I
case #3:03cr253. Accordingly, the defendant is adjudged guilty of counts One through Nine in case #3:02crt 82 and .
adjudged guilty of count One in case #3:03cr253, which involve the following offenses: I
Title & Section: 18:1341 Count: One through Nine
Nature of Offense: Mail Fraud case #3:03cr182 I
Date Offense Conclucleds 7.*00 I
Title & Section: 18:1029(a)(5) Count: One I
Nature of Offense: Credit Card Fraud case # 3:03cr253
Date Offense Concluded: 6/01
The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
The defendant is hereby committed to the custody of the United States Attorney General or his duly authorized
representative to be imprisoned for a term of: 42 months in case #3:03cr182 on counts one through nine, to be served t
concurrently; 42 months imprisonment on Count One in case #3:03cr253. The sentence imposed in case #3:O3cr253
shall run concurrently to the sentence imposed in case #3:03cr182. This sentence reflects an upward departure,
pursuant to U.S.S.G. Sections 2F1.1 (1998) and 4A1.3. The loss amount does not fully capture the harmfulness and I
seriousness of the conduct in these cases, which involved defraudlng individuals of hard earned funds needed, in several
cases, for retirement and medical treatment. The victims will suffer long term financial distress as a result. ln addition,
the defendant’s criminal history score substantially understates the likelihood of recidivism and, due to the fortuity that i
these cases were sentenced together, the seriousness of his prior criminal conduct.
Restitution is ordered in the total amount of $792,514.
Upon release from custody, the defendant shall be on supenrised release for a term of 3 years in case #3:03cr182 and 3 T
years in case #3:03cr253, to be served concurrently.
Special Conditions of Supervised Release include: 1) The defendant shall participate in a program approved by the
Probation Office for mental health treatment. The defendant shall pay all, or a portion of the costs associated with g
treatment, based on the defendant’s ability to pay. 2) The defendant shall pay towards the restitution at a rate of $250 ‘
per month, subject to adjustment. The defendant shall pay restitution in case #3:02cr253 to each of the victims in the
total amount of $757,000. See attached list of victims. Restitution should be made through the U.S. District Court, who
will pay the victims fairly as payments are received. Regarding the victims in Case #3:03cr253, restitution should be I
forwarded to the following individuals. t
Citigroup Inc. $8,500 Card Service International $1,014 Discover Financial Services, Inc $4,000
Attn: John Fuccillo, Investigator Attention Geoff Gray, Investigator Attention: Restitution
47 Independence Way 6101 Candor Drive P.O. Box 15048
Norwood, Massachusetts 02052 it/loorpark, California 93021 Wilmington, Delaware 19850
Reference Number 200100204527 Reference Number: 6011004065005601



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‘ Case 3:03-cr-00253-SRU Document 69 Filed O3/10/200 89
PAGE 2
» USA v Salvatore J. Cartelli, Jr. ,
l 3:03cr182 (SRU)
E 3:03cr253 (SRU)
MBNA America Bank N.A. $11,300 Chase Manhattan Bank $10,000 American Express $2,800
Delaware Investigations Attention: Martin Lavergne, Jr. Global Security Department l
100 North King Street 100 Duffy Avenue Attention: Sam Hill ,
Wilmington, Delaware 19884-1131 Building H1, Second Floor 200 Versey Street Y
Attention Cindi Boone/Mailstop #1131 Hicksville, New York 11802 Mail Code: NY-0101-01 Reference l
Number: 5329034206073829 New York, New York 10285
The defendant shall voluntarily surrender to the Bureau of Prisons by 2:00 p.m. on June 15, 2005. l
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 p
judgment are fully paid.
In addition to the special conditions of supervised release imposed above, it is hereby ordered that the conditions of
supervised release set out on the reverse side are imposed. I
It is ordered that the defendant shall pay a Special Assessment of $900, for counts One through Nine in case l
#3:03cr182 and $100, for count One in case #3:03cr253 for a total of $1,000 which shall be due immediately. I
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March 4 2005

Date of lmposrtion of Sentence i
Stef%’»l-gl. Underhill, United States District Judge
Date: March 10, 2005 l
l
CERTIFIED AS A TRUE COPY
ON THIS DA TE
Kevin E Rowe, Clerk
BY:
Deputy Clerk
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i Case 3*03-cr- -§,F}J Bocu ment 69 Filed 03/ 1 O/2005 Page 3 of 4
t ` ON OF SUPERVISED RELEASE `
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\ In addition to the Standard Conditions listed below, the following indicated (I) Mandatory Conditions are imposed:
MANDATORY CONDITIONS E
` - (1) The defendant shall not corrurlit another federal, state or local offense;
i . (2) The defendant shall not unlawfully possess a controlled substance;
El (3) The defendant whois convicted for a domestic yiolenee crime as defined in IS U.S.C. section 356l(b) for the first time shall attend a public,
t Brivate, or private non-prolit offender rehalulttauon program that has been approved by the court, in consultation with s State Coalition Against
d tpntgstic iolence or other appropnate experts, tf an approved program is avatlable within a 50-mile radius of the legal resilience of the
e en nt;
D (4) The defendant shall refmirtfrqm any unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised
release and at least two penodrc drug tests thereafter for use of a controlled substance; l
III (5) gn a fine is imposed and has not been paid upon release to supervised release, the defendant shall adhere to an instalhnentschedule to pay that i
e; J
I (6) The defendant shall (A) make restitution in accordance with 18 U.S.C. sections 2248, 2259. 2264, 2327, 3663, 3663A, and 3664; and (B) pay
. the assessment imposed in accordance with 18 U.S.C. section 3013;
EI (7) A defendant convicted of a sexualpffense as described in 18 U.S.C. sections 4042(c)(4)_shall re tort the address where the defendant will reside .
and any subsequent change of residence to_I.he probation officer responsible for su perviston, andlshall register as a sex offender in any State t
where the person resides, rs employed, names on a vocation or is a student. i
! (8} The defendant coo emte in the collection of a DNA stun le from the defendant. ‘ ‘ ` `
P P
While on supervised release, the defendant shall also comply with all of the following Standard Conditions: g
` ?'!`.'lZ*TD.*.FI!} COPIDITEC TIS \

gl; The defendant shall not leave the judicial district or other specified geographic area without the permission of the court or probation ollicer; .
2 The defendant shall reiport to the lprobatron officer as drrected by the court or probation ofticer and shall submit a truthful and complete written i
relport within the fust 1ve clays o each month; _ _ _
(3) T e defendant shall answer truthfully all utqtunes bly the probation officer and follow the mstmctions of the probation officer;
(4) The defendant shall support the_defend:mt`s depent ents and meet other famiiiyigresponsibilities grrcluding, but not limited to, complying with the 4
terms of ang court order or administrative process gamsuant to the law of a sta , the DISTIICI of olumbia, or an other possession or territory of l
tlihil u;tes requiring payments by the defen nt for the support and maintenance of any child or of a chili! and the parent with whom the `
c ts vm • ;
( 5) The defenrlaiht shall work regularly at tt lawlirl occupation unless excused by the probation officer for schooling, training, or other acceptable
reasons;
(6; The defendant shall notify the probation officer at least ten days prior to any change of residence or employment; I
(7 The defendant shallrefram from excessive use of alcohol and shall not purchase, possess: use, distribute, or administer any controlled substance, i
or any am hemalia related to any controlled substance, except as prescribed lip a plftlysicran; t
(8) The t eigzrttlggt shall not frequent places where controlled substances me illega y sol , used, distributed, or administered, or other places
s cif · urt;
(9) Tiiite tl:ii`BIllKlIlicS;l:l)u not associate with any persons enigiaged in criminalactivity, and shall not associate with any person convicted of a felony
unless wanted pemrission to do so by the probation o cer; _
(10) The deliendant shall ermit a probation of cer to vrstt the defendant at any tune at home or elsewhere and shall permit confiscation of any
contraband observed? in plain view by the probation officer;
(11; The defendant shall notify the probation officer within seventy-two hours of bein-- arrested or questioned by a law enfommunt officer;
(12 ;l}`lhe defendant shall not enter into any agreement to act as an mformer or a special agent of a law enforcement agency without the pemtission of
e court; ·
(13) The defendant shall pay the special assessment imposed or adhere to a court-ordered installment schedule liar the payment ol the special
as re *smeut:
( 14) 'lilieailefendant shall notify the probation officer of any material change in the defendanfs economic circumstances that might affect the
defendants ability to pay any unpaid amount of restitution, lines, or special assessments. a
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The defendant shall also report to the Probation Office in the district to which the defendant is released within 72 hours of release l'rom the I
custody of the U.S. Bureau of Prisons.
RETURN
I have executed this judgment as l`olIows:
E
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Defemhmt delivered on to
at , with an eertiiied copy of this judgment.
`
E
J olut F. Bardelli \
United States Marshal \
By: I
Deputy Marshal {
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I Case 3:03-cr-00253-SRU Document 69 Filed O3/10/2005 Page 4 of 4
I I
I 3:03Cr182 (SRU) I
I USA v Salvatore J`. Cartelli, Jr.
There are 46 victims to be paid in #3:03cr182 (SRU) through restitution in the total amount of
$757,000. $
Andrew and Margaret Minick 5
($25,000), Anne Remington Banks ($5,000), Anthony C. Pozzetti ($20,000), Anthony I
and Sharon DiLaur0 ($20,000), Art and Judy Gottier ($40,000), Brett C. Astin I
($5,000), Burton H. Slossberg ($20,000), Catherine Bmtzman ($17,500), Charles and ,
Louise Helenek ($31,000), David G. Banks ($5,000), Deborah Case Banks ($5,000),
Donald and Madke Comeau ($2,500), Eileen McKieman ($5,000), Gaetan and I
_ Rosemarie Roy ($100,000), Grezegorz and Katarzyna -Wysocki ($10,000), James C.
Stellato ($7,500), Janet McKee Banks ($5,000), John and Alice Durinick ($7,500), I
John and Frances Oktavec ($3 0,000), Joyce Kirby Erlandsen ($15,000), Kimball and I- 5
Carol Messier ($5,000), Lawrence S. Elsner ($7,500), Leo and Marilyn McKiernan
_ ($10,000), Louis and Barbara Fabri ($40,000), Mark Epright ($5,000), Marek
Randino ($10,000) Raymond and Laura Casella ($10,000), Raymond and Peggy .
Flavell ($30,000), Raymond C. Kirby ($5,000), Richard and Cynthia Birmingham
($20,000), Robert G. Siegal ($7,500), Robert Kuchyt ($2,000), Robert and Barbara I
Fuller ($10,000), Robert Quigley ($10,000), Robert R. Nettleton ($25,000), Scott ,
Graziano ($35,000), Scott and Diane Cartier ($15,000), Scott R. Brookes ($15,000), (
Sebastian and Nancy Randino ($15,000), Timothy A. Banks ($15,000), Tony and Sara
Salamone ($5,000), Verne R. Brookes ($15,000), Vincenzo and Valerie Miceli I
($20,000), Yuksel Serindag and Martha Banks-Serindag ($5,000) and Augusta
Chadsey ($10,000), totaling $757,000.
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