District Judge Sterling Johnson
In satisfaction of a 15-count superseding indictment Katsman pleaded guilty in 2010—under agreement—to conspiracy to defraud the IRS, conspiracy to fail to file currency transaction reports, and aggravated identity fraud. In consideration for Katsman’s plea the government stipulated that it would neither recommend that he be sentenced to a specific sentence within the U.S. Sentencing Guidelines, nor seek upward departure from a Guidelines range of 63 to 78 months. In 2012 Katsman was sentenced to 60 months in prison on each of two counts, a consecutive 24-month term on the third guilty plea count, and three years’ supervision. Bail was revoked following investigation into an informant’s claims that Katsman created a false Facebook page, and called the informant. Finding Katsman’s willful, harassing and intimidating misconduct to be information relevant to sentencing pursuant to the Second Circuit’s ruling in United States v. Habbas, district court released the government from its plea agreement stipulations. Pursuant to United States v. Soto, Katsman’s creation of a false Facebook page in order to harass and intimidate the informant was a material new fact bearing on Katsman’s character and thus relevant to sentencing.