Judgment and Forfeiture, United States v. Keough (2024)

Two documents on the criminal docket record what the court actually ordered, and what the government did afterwards. Both are short. Both are quoted here in the words they use.

The counts

The judgment records a plea of guilty to three counts:

18:1343 – Fraud By Wire, Radio, Or Television — Count 4

18:1343 – Fraud By Wire, Radio, Or Television — Count 5

18:1957(a) – Money Laundering — Count 8

Two counts of wire fraud and one count of money laundering, arising from Paycheck Protection Program and Economic Injury Disaster Loan applications made in 2020. The remaining counts were dismissed on the motion of the United States.

The sentence

Thirty months as to each of Counts 4, 5 and 8, to be served concurrently, with three years of supervised release on each count, also concurrent, and a special assessment of $300. Thirty months is the bottom of the guideline range. The government had asked for thirty seven. He had no prior criminal record.

Restitution

The judgment states this in its own words:

“Restitution – It is further ordered that the defendant shall pay restitution in the amount of $1,922,355.00. The restitution has been PAID IN FULL directly to the victim.”

Those words appear in the judgment itself, dated the day of sentencing. The money had been returned before the sentence was imposed, not afterwards. The Justice Department’s own announcement records that the restitution was paid jointly by both defendants.

Forfeiture

The judgment provided for forfeiture consistent with the plea agreement and directed the United States to submit a proposed order of forfeiture within three days of the sentencing.

The government did not submit one. Three months later it filed a single page with the court. This is its operative sentence in full:

“On February 8, 2024, the Court entered a Judgment, ECF No. 60, directing the United States to file a preliminary order of forfeiture within three days. The United States is not pursuing federal judicial forfeiture at this time.”

Nothing was forfeited from Greg Keough.

The attorney who prepared and submitted the applications forfeited $1.6 million and was sentenced to forty one months.