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United States v. Gonzalez

United States District Court, W.D. Texas, San Antonio Division

June 18, 2019

UNITED STATES OF AMERICA,
v.
MARY JANE GONZALEZ, ET AL.

          ORDER

          XAVIER RODRIGUEZ, UNITED STATES DISTRICT JUDGE.

         On this day came on to be considered the Government's Motion for Order Regarding Application of Payments (dkt. no. 190).

         Background

         In this eight-defendant case, Mary Jane Gonzalez, Mark Gonzalez, and Johnny Gonzalez (defendant numbers 6, 7 and 8) pled guilty to mail fraud conspiracy. In their January 14, 2013 Judgments these three defendants were ordered to make restitution to the victim (Texas Workforce Commission) in the amount of $19, 591.00. The Judgments further reflected that the Defendants were jointly and severally liable for the $19, 591.00 amount with three other co-defendants (Sylvia Hawkins, Yvonne Rivette and Norma Saenz).

         Defendants Hawkins, Rivette and Saenz (defendant numbers 1, 2, and 3) were ordered to make restitution to the victim (Texas Workforce Commission) in the amount of $61, 617.00. These 2013 Judgments further reflected that these Defendants were jointly and severally liable for the $19, 591.00 amount with co-defendants Mary Jane Gonzalez, Mark Gonzalez, and Johnny Gonzalez; $3, 642.00 jointly and severally with Matthew Saenz (defendant number 4); and jointly and severally for $61, 617.00 with defendants Yvonne Rivette and Norma Saenz.

         To date, the following Defendants have made the following payments and the following also reflects the accounting done by the Clerk's office:

         (Table Omitted)

         The following reflects the amounts still owing per the Clerk's office and the Government's accounting:

         (Table Omitted)

         In this pending motion, the Government, relying upon United States v. Sheets, 814 F.3d 256 (5th Cir. 2016), argues that the Clerk's office has incorrectly calculated the balances of Defendant numbers 6, 7, and 8 as zero.[1]

         In the plea agreements entered by Mary Jane Gonzalez, Mark Gonzalez, and Johnny Gonzalez (defendant numbers 6, 7 and 8) these defendants and the Government agreed to the following:

The Defendant understands that the Defendant will be ordered to pay restitution in the amount of $19, 591, jointly and severally with the co-defendants; this amount represents the losses to the Texas Workforce Commission resulting from the fraudulent claims made by Johnny Gonzalez, Mary Jane Gonzalez, Mark Gonzalez, and R.J., another individual who has not been charged but who knowingly participated in this scheme with these defendants.

         Pursuant to 18 U.S.C.A. § 3664, if “the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant.”

         The Court did what the Government asked in assessing restitution amounts. The Court apportioned liability to reflect the level of each ...


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