Case 5:19-cr-00159-EJD Document 33 Filed 07/01/20 Page 1 of 7 AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case UNITED STATES DISTRICT COURT Northern District of California UNITED STATES OF AMERICA v. Daniel Reyes Ruiz ) JUDGMENT IN A CRIMINAL CASE ) ) ) ) ) USDC Case Number: CR-19-00159-001 EJD BOP Case Number: DCAN519CR00159-001 USM Number: 25503-111 Defendant’s Attorney: Mary Ann Fabi Bird (Retained) THE DEFENDANT: pleaded guilty to count(s): One of the Indictment pleaded nolo contendere to count(s): which was accepted by the court. was found guilty on count(s): after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section Nature of Offense 18 U.S.C. §§ 1030(a)(2)(C) Computer Intrusion to Obtain Private Information and 1030(c)(2)(B)(ii) Offense Ended June 20, 2018 Count One The defendant is sentenced as provided in pages 2 through 7 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): Count(s) is dismissed on the motion of the United States. It is ordered that the defendant must 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 must notify the court and United States attorney of material changes in economic circumstances. 6/29/2020 Date of Imposition of Judgment Signature of Judge The Honorable Edward J. Davila United States District Judge Name & Title of Judge 7/1/2020 Date Case 5:19-cr-00159-EJD Document 33 Filed 07/01/20 Page 2 of 7 AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case DEFENDANT: Daniel Reyes Ruiz CASE NUMBER: CR-19-00159-001 EJD Judgment - Page 2 of 7 PROBATION The defendant is hereby sentenced to probation for a term of: Five (5) Years The appearance bond is hereby exonerated. Any cash bail plus interest shall be returned to the owner(s) listed on the Affidavit of Owner of Cash Security form on file in the Clerk's Office. MANDATORY CONDITIONS OF SUPERVISION 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) You must not commit another federal, state or local crime. You must not unlawfully possess a controlled substance. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance abuse. (check if applicable) You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) You must participate in an approved program for domestic violence. (check if applicable) You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable) You must pay the assessment imposed in accordance with 18 U.S.C. § 3013. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment. You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution, fines, or special assessments. You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page. Case 5:19-cr-00159-EJD Document 33 Filed 07/01/20 Page 3 of 7 AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case DEFENDANT: Daniel Reyes Ruiz CASE NUMBER: CR-19-00159-001 EJD Judgment - Page 3 of 7 STANDARD CONDITIONS OF SUPERVISION As part of your probation, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court, and bring about improvements in your conduct and condition. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time you were sentenced, unless the probation officer instructs you to report to a different probation office or within a different time frame. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. You must follow the instructions of the probation officer related to the conditions of supervision. You must answer truthfully the questions asked by your probation officer. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with, for example), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by these and the special conditions of your supervision that he or she observes in plain view. You must work at least part-time (defined as 20 hours per week) at a lawful type of employment unless excused from doing so by the probation officer for schooling, training, community service or other acceptable activities. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. You must not communicate or interact with someone you know is engaged in criminal activity. You must not associate, communicate, or interact with any person you know has been convicted of a felony, unless granted permission to do so by the probation officer. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers). If the probation officer determines that you pose a risk to a third party, the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. (check if applicable) U.S. Probation Office Use Only A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this judgment containing these conditions. I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision upon a finding of a violation of probation or supervised release. (Signed) Defendant Date U.S. Probation Officer/Designated Witness Date Case 5:19-cr-00159-EJD Document 33 Filed 07/01/20 Page 4 of 7 AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case DEFENDANT: Daniel Reyes Ruiz CASE NUMBER: CR-19-00159-001 EJD Judgment - Page 4 of 7 SPECIAL CONDITIONS OF SUPERVISION 1. You must participate in the Location Monitoring Program as directed by the probation officer for a period of 365 days, and be monitored by Location monitoring technology at the discretion of the probation officer. Location monitoring must be utilized to verify your compliance with home detention while on the program. You are restricted to your residence at all times except for employment, education, religious services, medical appointments, substance abuse or mental health treatment, attorney visits, court appearances, court-ordered obligations, or other activities pre-approved by the probation officer. You must pay all or part of the costs of the program based upon your ability to pay as determined by the probation officer. 2. You must have no contact with Yahoo Inc, or any of the individually identified victims, unless otherwise directed by the probation officer. 3. You must pay any restitution, fine and special assessment that is imposed by this judgment and that remains unpaid at the commencement of the term of probation. 4. You must not open any new lines of credit and/or incur new debt without the prior permission of the probation officer. 5. You must provide the probation officer with access to any financial information, including tax returns, and shall authorize the probation officer to conduct credit checks and obtain copies of income tax returns. 6. You must undergo an assessment for mental health treatment services. If services are deemed appropriate, then you must pay for part or all of the cost of treatment, as directed by the probation officer. You must adhere to a co-payment schedule as determined by the probation officer. Payments must never exceed the total cost of mental health counseling. The actual co-payment schedule must be determined by the probation officer. 7. You must submit your person, residence, office, vehicle, electronic devices and their data (including cell phones, computers, and electronic storage media), or any property under your control to a search. Such a search must be conducted by a United States Probation Officer or any federal, state or local law enforcement officer at any time with or without suspicion. Failure to submit to such a search may be grounds for revocation. You must warn any residents that the premises may be subject to searches. 8. You must not possess or use a computer without the prior approval of the probation officer. "Computer" includes any electronic device capable of accessing the internet or processing or storing data as described at 18 U.S.C. § 1030(e)(1) (including cell phones), and all peripheral devices. 9. As directed by the probation officer, you must enroll in the probation office's Computer and Internet Monitoring Program (CIMP) and must abide by the requirements of the CIMP program and the Acceptable Use Contract. 10. You must not access the Internet or any "on-line computer service" at any location (including employment) without the prior approval of the probation officer. "On-line services" include any Internet service provider, or any other public or private computer network. As directed by the probation officer, you must warn your employer of restrictions to your computer use. Case 5:19-cr-00159-EJD Document 33 Filed 07/01/20 Page 5 of 7 AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case DEFENDANT: Daniel Reyes Ruiz CASE NUMBER: CR-19-00159-001 EJD Judgment - Page 5 of 7 11. You must consent to the probation officer conducting periodic unannounced examinations of your computer equipment which may include retrieval and copying of all data from your computer(s) and any peripheral device to ensure compliance with this condition, and/or removal of any such equipment for the purpose of conducting more thorough inspection. You must also consent to the installation of any hardware or software as directed by the probation officer to monitor your Internet use. 12. You must not possess or use any data encryption technique or program. Case 5:19-cr-00159-EJD Document 33 Filed 07/01/20 Page 6 of 7 AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case DEFENDANT: Daniel Reyes Ruiz CASE NUMBER: CR-19-00159-001 EJD Judgment - Page 6 of 7 CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments. Assessment Fine Restitution $100 $5,000 $118,456.25 TOTALS AVAA Assessment* N/A JVTA Assessment** N/A The determination of restitution is deferred until. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. The defendant must 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 to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid. Name of Payee Yahoo, Inc. (Address on File with the Clerk’s Office) Total Loss $118,456.25 Restitution Ordered $118,456.25 TOTALS $118,456.25 $118,456.25 Priority or Percentage Restitution amount ordered pursuant to plea agreement $ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). The court determined that the defendant does not have the ability to pay interest and it is ordered that: the interest requirement is waived for the. the interest requirement is waived for the is modified as follows: * Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299. ** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. *** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. Case 5:19-cr-00159-EJD Document 33 Filed 07/01/20 Page 7 of 7 AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case DEFENDANT: Daniel Reyes Ruiz CASE NUMBER: CR-19-00159-001 EJD Judgment - Page 7 of 7 SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows : A Lump sum payment of _____$15,000____ due immediately, balance due not later than , or in accordance with D, or C, E, and/or F below); or B Payment to begin immediately (may be combined with C Payment in equal (e.g., weekly, monthly, quarterly) installments of _ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or D Payment in equal (e.g., weekly, monthly, quarterly) installments of _ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or E Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or F Special instructions regarding the payment of criminal monetary penalties: Criminal Monetary Penalties totaling $108,556.25 are due. While on probation, restitution and fine payments must be paid in monthly payments of not less than $250 or at least 10 percent of earnings, whichever is greater, to commence no later than 60 days from placement on supervision. Notwithstanding any payment schedule set by the court, the United States Attorney’s Office may pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 3644(m). The restitution payments shall be made to the Clerk of U.S. District Court, Attention: Financial Unit, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102. C, D, or F below); or 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. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. Joint and Several Case Number Defendant and Co-Defendant Names (including defendant number) Total Amount Joint and Several Amount Corresponding Payee, if appropriate The defendant shall pay the cost of prosecution. The defendant shall pay the following court cost(s): The defendant shall forfeit the defendant’s interest in the following property to the United States: The Court gives notice that this case involves other defendants who may be held jointly and severally liable for payment of all or part of the restitution ordered herein and may order such payment in the future, but such future orders do not affect the defendant’s responsibility for the full amount of the restitution ordered.  Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court costs.