Chief Judge Marbley SENTENCING MEMORANDUM OF ...

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. Case No. 2:21-CR-90

Chief Judge Marbley

JANET JENISON, Defendant.

SENTENCING MEMORANDUM OF JANET JENISON

This Court should impose a term of probation that substitutes home detention for

imprisonment.

Loss Objection to the Final Presentence Report

The total offense level for Janet’s crime should be 14 rather than 16.

The sole objection is whether the loss in this case should be above or below $250,000. The

Government bears the burden to prove the amount of the loss by a preponderance of the evidence.

See, e.g., United States v. Jones, 641 F.3d 706, 712 (6th Cir. 2011). In determining the meaning

of loss, “dictionaries are a good place to start” to identify the range of meanings that a reasonable

person would understand a word like “loss” to have. United States v. Zabawa, 719 F.3d 555, 559

(6th Cir. 2013). One dictionary defines the word to mean, among other things, the “amount of

something lost” or the “harm or suffering caused by losing or being lost.” American Heritage

Dictionary of the English Language 1063 (3d ed. 1992). Another says it can mean “the damage,

trouble, disadvantage, [or] deprivation . . . caused by losing something” or “the person, thing, or

Case: 2:21-cr-00090-ALM Doc #: 18 Filed: 11/05/21 Page: 1 of 5 PAGEID #: 107

amount lost.” Webster’s New World College Dictionary 799 (3d ed. 1996). A third defines it as

“the being deprived of, or the failure to keep (a possession, appurtenance, right, quality, faculty,

or the like),” the “[d]imunition of one’s possessions or advantages,” or the “detriment or

disadvantage involved in being deprived of something[.]” 9 Oxford English Dictionary 37 (2d ed.

1989).

On April 27, 2020, Ms. Jenison applied for a PPP loan in the amount of approximately

eighty-seven thousand dollars. This loan was not approved. PSR, at 14. After her first application

was rejected, Ms. Jenison submitted another PPP fraudulent loan application on May 29, 2020, in

the amount of approximately ninety-eight thousand dollars. PSR, at 15. That application was

approved. Id. Nine months later (February 18, 2021), Janet submitted a second fradulent PPP loan

application for approximately one hundred and fourteen thousand dollars. PSR, at 16. That loan

was approved in the amount of approximately sixty-two thousand dollars. Id. The funds obtained

from this criminal activity were less than two hundred and fifty thousand dollars. PSR, at 22. The

amount sought in the two applications that were approved was also less than two hundred and fifty

thousand dollars. PSR, at 15-16.

The Paycheck Protection Program funded a one-time loan for businesses with the

opportunity for a second draw under certain circumstances. Exhibit A. This is not a case where

the defendant submitted multiple loan applications for multiple businesses. All three applications

were filed by Janet Jenison on behalf of Janet Minton Marketing LLC, an existing domestic limited

liability company, Ohio Secretary of State Entity #436134, filed 7/25/2019 (Minton is Janet’s

maiden name). PSR, at 14-16, Exhibit B.

The second loan application was submitted after the first fraudulent application was

rejected. The second draw application made in 2021 was the limit of what could be sought under


the Paycheck Protection Program for Janet Minton Marketing LLC. The Court should not find

that the loss was excess of $250,00 and the Court should reject any application notes and

commentary to the extent that such language seeks to expand the meaning of loss to cover the

circumstances of this case. United States v Riccardi, 19-4232, at page 11 (6th Cir. March 3, 2021).

The Section 3553(a)(1) sentencing factors warrant a variance below the

advisory Sentencing Guidelines to Zone B of the Sentencing Table.

40.1% of economic offense offenders received a variance from the advisory sentencing

guidelines in federal district courts during fiscal year 2020. FY2020 Sourcebook of Federal

Sentencing Statistics, Table E-7. The mean loss for Section 2B1.1 (theft, property destruction, and

fraud) offense that year was $1,837,583. Id., Table E-6.

History and Characteristics

The Presentence Investigation Report recounts the fact that Janet suffered with parents that

struggled with substance abuse issues. PSR, at 47-8. Eric Jenison’s letter to the Court provides

addition information that Mr. Jenison learned about his wife’s childhood. Exhibit C, at page 2.

Why are Janet’s childhood experiences important?

According to the Center for Disease Control (CDC), Adverse Childhood Experiences

(ACEs) are potentially traumatic events that occur in childhood. ACEs can include violence, abuse,

and growing up in a family with mental health or substance use problems. Toxic stress from ACEs

can change brain development and affect how the body responds to stress. ACEs are linked to

chronic health problems, mental illness, and substance misuse in adulthood. The damage from her

childhood manifested itself when Janet was treated for bulimia as a teenager. PSR, at 56. Janet’s

substance abuse disorder, that started at 14 (PSR, at 60), was likely primed by high levels of stress and

trauma exposure as a child. Enoch, M., The Role of Early Life Stress as a Predictor for Alcohol and


Drug Addiction, Psychopharmacology (Berl) 2011;214:17–31. In addition to the environmental

influences, an important risk factor for alcoholism or drug dependence is having a parent with the

disorder. Id.

Janet Experienced Trauma as a Young Adult

Janet entered a mentally abusive relationship and was sexually assaulted several times as a

young adult. PSR, at 58, Exhibit C, at page 3, Exhibit D, at page 1.

Janet Jenison Needs to Continue Her Recovery

Janet recognizes that much more needs to be done in therapy that is ongoing. The Court should

impose a punishment that allows her to continue that treatment and her education. Exhibit D.

Janet Jenison is in Criminal History Category I

The United States Sentencing Commission has found that recidivism rates are closely

correlated with total criminal history points and resulting Criminal History Category classification,

as offenders with lower criminal history scores have lower recidivism rates than offenders with

higher criminal history scores. The Past Predicts the Future: Criminal History and Recidivism of

Federal Offender.

Janet Jenison Mental Health

Janet Jenison has been diagnosed with a major depressive disorder. PSR, at 57.

Nature and Circumstances of the Offense

Janet Jenison committed a serious criminal offense. Her husband letter acknowledges that his

wife’s conduct was wrong and offers his account to provide context for her actions. Exhibit C, at 1-2.

The Need to Avoid Unwarranted Sentence Disparities with Similar Records Found

Guilty of Similar Conduct.


In fiscal year 2020, the mean sentence for a fraud/theft/embezzlement offense in the

Southern District of Ohio was 13 months and the median sentence was 6. Exhibit E.

CONCLUSION

Janet Jenison asks that this Court consider the history and characteristics of her life in addition

to the nature and circumstances of her crime to tailor a sentence that accomplishes all the statutory

purposes of sentencing. She asks this Court to impose a term of probation that substitutes home

detention for imprisonment.

Respectfully submitted,

s/ Brian Joslyn Brian Joslyn (0087356) 501 South High Street Columbus, Ohio 43215 (614) 444-1900 [email protected]

Attorney for Janet Jenison

Certificate of Service The undersigned hereby certifies that on November 5, 2021, I electronically forwarded a

copy of this Sentencing Memorandum to counsel for the Government.

s/ Brian Joslyn Brian Joslyn (0087356)


Case: 2:21-cr-00090-ALM Doc #: 18-1 Filed: 11/05/21 Page: 1 of 2 PAGEID #: 112

DOC ID ----> 201920600102Case: 2:21-cr-00090-ALM Doc #: 18-2 Filed: 11/05/21 Page: 1 of 4 PAGEID #: 114

DOC ID ----> 201920600102

Page 1 of 3533A Last Revised: 10/01/2017

1 2

(2) Articles of Organization for Domestic Nonprofit Limited Liability Company (115-LCA)

(1) Articles of Organization for Domestic For-Profit Limited Liability Company (115-LCA)

Articles of Organization for a Domestic Limited Liability Company

Filing Fee: $99 Form Must Be Typed

CHECK ONLY ONE (1) BOX

Name of Limited Liability Company

Optional: Effective Date (MM/DD/YYYY) (The legal existence of the corporation begins upon the filing of the articles or on a later date specified that is not more than ninety days after filing.)

Optional: This limited liability company shall exist forPeriod of Existence

Optional: Purpose

** Note for Nonprofit LLCs The Secretary of State does not grant tax exempt status. Filing with our office is not sufficient to obtain state or federal tax exemptions. Contact the Ohio Department of Taxation and the Internal Revenue Service to ensure that the nonprofit limited liability company secures the proper state and federal tax exemptions. These agencies may require that a purpose clause be provided. **

Form 533A Prescribed by:

(Name must include one of the following words or abbreviations: "limited liability company," "limited," "LLC," "L.L.C.," "ltd., "or "ltd".)

Toll Free: (877) SOS-FILE (877-767-3453) | Central Ohio: (614) 466-3910 www.OhioSecretaryofState.gov | [email protected] File online or for more information: www.OHBusinessCentral.com

Date Electronically Filed: 7/25/2019

Janet Minton Marketing LLC

7/25/2019

MARKETING CONSULTANCY


DOC ID ----> 201920600102


Original Appointment of Statutory Agent

The undersigned authorized member(s), manager(s) or representative(s) of

(Name of Limited Liability Company)

hereby appoint the following to be Statutory Agent upon whom any process, notice or demand required or permitted by statute to be served upon the corporation may be served. The complete address of the agent is:

(Name of Statutory Agent)

(Mailing Address)

(Mailing City) (Mailing State) (Mailing ZIP Code)

Acceptance of Appointment

The Undersigned,(Name of Statutory Agent)

, named herein as the

Statutory agent for(Name of Limited Liability Company)

hereby acknowledges and accepts the appointment of statutory agent for said limited liability company.

Statutory Agent Signature

(Individual Agent's Signature / Signature on Behalf of Business Serving as Agent)


UNITED STATES CORPORATION AGENTS, INC.

411 WOLF LEDGES PARKWAY, SUITE 201

AKRON OH 44311

UNITED STATES CORPORATION AGENTS, INC.


CHEYENNE MOSELEY, ASSISTANT SECRETARY


DOC ID ----> 201920600102


Print Name

By (if applicable)

Signature

Print Name

By (if applicable)

Signature

Print Name

By (if applicable)

Signature

By signing and submitting this form to the Ohio Secretary of State, the undersigned hereby certifies that he or she has the requisite authority to execute this document.

Required Articles and original appointment of agent must be signed by a member, manager or other representative. If the authorized representative is an individual, then they must sign in the "signature" box and print his/her name in the "Print Name" box. If the authorized representative is a business entity, not an individual, then please print the entity name in the "signature" box, an authorized representative of the business entity must sign in the "By" box and print his/her name and title/authority in the "Print Name" box.

CHEYENNE MOSELEY, ASSISTANT SECRETARY

LEGALZOOM.COM, INC.


Good morning Sir or Madam, I am writing to submit my corroboration of the facts presented by my wife, Janet Jenison, in support of her defense. I do so happily, because I love her and because Janet is the most selfless, generous, and kind person I have met in this world. Janet gives so much of herself to help others, and often to her own detriment. But her acting to help support our family's successes, alleviate the stresses of having too many "must do" items, or often doing something thoughtful that brings joy to myself or my children is a frequent driver toward Janet's own happiness. She often makes efforts to understand the perspectives of others, and to see situations fairly to a degree that I had not witnessed before we met. Janet is often the more supportive and compassionate parent in our household, if I am being honest. She always has a schedule full of responsibilities, but regularly takes time to do something special with or for my children, doing little things to ensure they feel loved and are important. Janet is a genuinely good person who tries each day to make the most of life and do things in the "right way." When I lost my job to the pandemic, we knew that layoffs were happening everywhere and I would not likely find a new job for quite some time. This happens regularly in my profession, and about every eight to ten years, when some major event or series of events causes the economy to crash and jobs are slashed across the related building design and construction industry. It is always difficult, and even more so as I gain additional and more significant financial commitments. As the kids get older, the commitments and the things they want and need in life grow more costly with them. Two years ago we found ourselves in a beautiful little house that just was not big enough for our family, and though it was painful for myself, we decided to sell and find a larger house with luxuries like more than one bathroom and enough space to afford some privacy and peace for all of us. The mortgage payment is now twice the figure I paid to live in our previous home. Too, we were sick that the loss of my income would likely result in a loss of the house that my wife and I fell in love with as a long term restoration project - and the first home that we chose together that is truly ours. My wife was in love with our home, and I feared that a default and subsequent foreclosure caused by my loss of income would cause lasting damage to our relationship. My wife and I have a rare and special marriage, and we both searched frenetically for a financial solution that could keep us afloat. Alas, without a job there was no possibility of refinancing the house. Janet pursued more work from clients of her digital marketing business, while also working full time toward her PhD. She did receive more work and money from her clients, and it was enough to keep us afloat for a while, but the funds shrank over the next several months and we needed another solution. At that point, Janet came to me with the possibility of applying for a relatively small PPP loan, that she could use to grow her digital marketing business and allow her to add clients and earn more money. Of course, that idea seemed like a miracle solution that could sustain us long enough to get through the pandemic and we would be able repay the loan when I had a new job. She went back and forth on the decision for a few weeks, but in the end, we decided that the PPP loan was the only means to weather the economic storm. I was not aware of the details, and frankly, I was happy that Janet would navigate the application process for the business


loan. I cannot convey in writing the relief we felt when the loan was approved. Our future was secure. I know now that Janet had to fabricate some details to gain approval for the PPP loan application, but I am also grateful that I have a wife so dedicated to preserving the life we have worked so hard to achieve, for us and for the children. A move would have been traumatic for us all. I am also grateful that I have a wife so dedicated to myself and my children, that she kept the applications details from me in order to protect me and my children from any consequences that would likely jeopardize my ability to be a present father. I know Janet's actions were wrong, and illegal, but I know that she did all of it in order to save us from financial ruin and preserve my relationship to my kids. I know that her motivations were selfless and honorable, despite the legal indiscretions. I have long known of the traumatic events Janet has suffered in life. Many of these are truly abhorrent, and as I look through the list, I am amazed that Janet became and remains such a kind and compassionate woman I believe many people would become angry and bitter, and pursue a lifestyle and attitude inevitably resulting in alienation and self destruction, Who Janet is as a person is truly remarkable without historic context, but that fact is nearly unbelievable in consideration of so much trauma. Janet has shared with me many of the traumatic events that befell her prior to our relationship. I never asked for details, as the experiences are undoubtedly painful enough without being asked to recount them. I know that Janet suffers from severe anxiety to the point that she often can not sleep for days at a time. She has a brilliant, but overactive mind, and this has always been a part of her life. I am aware that Janet's father is a recovering alcoholic, and that for much of Janet's childhood he struggled with it on a daily basis By her account, and her mother's more tactful acknowledgement, he was an angry and mean man when he drank, and said things to her that no child should hear from her father. Janet has shared with me that her abuse of alcohol began in high school, as a means to relieve her anxiety, escape from the stress of her home life, and to "turn off her brain" so she could sleep at night. She began binge drinking, and did so for many years through college and beyond. Though Janet has been sober for some time, she still struggles with most of those issues that led her to binge drink. On two occasions, Janet's drinking led to a DUI charge during her time in Indiana. I know that she checked into a rehab center in Fort Wayne at least once, and was placed into a mandatory out-patient program that monitored her sobriety. While in college, Janet and a friend were given "roofies" at a bar, and awoke the next morning in a stranger's house to find that she had been raped. Janet said a rape kit was performed to confirm, but she was so upset and ashamed that it was not pursued legally. Janet also told me about her boss at Wings, etc. feeding her drinks one night after an out of town store opening to the point where she passed out; he then drove her back to her hotel room and raped her while unconscious. Janet said that she went to the hospital to have a rape kit, which confirmed what had happened. Apparently, many employees saw what happened that night, and knew what he did to Janet. The next work day, probably feeling a bit nervous, he spun it into a relationship with Janet that continued for some time. Her boss pressured others in the company to remain silent. He would call


her into his office at work for sex, and while Janet went along with the affair, she knew that what he had done to her was not consensual, and realized that he was trying to cover his tracks with the relationship. I am also aware of Janet's abusive relationship with an Indian man, who was in Medical School, and is now a doctor. I know that this man ripped her apart emotionally with constant criticism, name calling, threats, gaslighting, and also physical intimidation and abuse. I understand that while they were in a consensual relationship, he would force sex with Janet against her will. At one point Janet became pregnant, and she thought the baby would make everything better again, but this monster of a man badgered and ridiculed and threatened her until she agreed to an abortion. When I met Janet, she had been sober and healthy for more than two years. I drank, and was not aware of her problems with alcohol. However, about a year into our relationship she slipped and had a drink, and I witnessed her struggles first hand. It was not a frequent occurrence, but seemed to become more frequent over the next couple years. We had begun thinking about marriage by that time, and had many difficult discussions about Janet's struggles with alcohol; I told her that I was not willing to choose this for my life, my marriage, and possibly my family. Janet agreed to begin counseling again with a new therapist in Columbus, Jen Smith. It wasn't long before I began participating in couples counseling alongside Janet's individual sessions. Janet made progress and was able to again achieve sobriety, and we were married. Janet has relapsed several times since that time, but it is now less frequent an occurrence and she has been sober for most of the last year. Janet's stress levels had increased dramatically as she began working toward a PhD at Ohio State University, and that has been a constant pressure for her over the last three years. Janet always takes on more than she should, with not only a PhD in Bioimformatics at the James Cancer Center in search of more effective cancer treatments, but she maintains her marketing business on the side, and manages our household. It has been a difficult few years, and we are both looking forward to the day when she finishes the PhD and can let go of the marketing business. Janet and I were married two years ago, and in that time we began discussing the possibility of have children together. This is something she and I want badly, and it has been incredibly difficult to struggle through failure after failure, and a few early term miscarriages. The difficulty is magnified by the fact that Janet is 39 years old, and we don't have much time left to do this. We have seen a fertility doctor, and been through a dozen rounds of her taking the medicine at the right time, getting a hormone shot, and hitting the targeted day - all without success. With each failure, the disappointment grows, the pain deepens, and I can see how this is tearing Janet apart emotionally. At one point she decided that it was all too much to keep going through, and we stopped trying. But this means so much to her, and we have started again with hopes of a better outcome with a different treatment.


I have already told the story of my job loss, above, and the stress it created between both of us. Janet's plan to pursue a PPP loan arose from self preservation, and a desire to keep our life intact. I know that she wrote a business plan and was working on a way to use the money to grow her marketing business into something that would sustain us until I was able to find work again. Yes, fabricating details in a loan application is wrong, but this was far from sinister or malicious. In an effort to support appropriate justice for Janet, I submit this accounting of events as factual, and agree to participate willingly in a restitution process alongside my wife. Thank you for your consideration of my statement, Eric Jenison


Phone No.: (614) 870-6670 Fax No.: (614) 870-6855 Email: [email protected]

Counseling, Ltd.

1535 Georgesville Road 2020 Brice Rd. Suite 185 Columbus, OH 43228 Reynoldsburg, OH 43068

37 Robinwood Avenue 10406 Jackson Oaks Way Columbus, OH 43213 Knoxville, TN 37922 (T.O.U.C.H.) (865) 444-4628

10/11/2021 To Whom it May Concern, Provided is a summary confirming content disclosed to clinician during therapeutic intervention, with permission and at request of client Janet Jenison. Client entered into therapeutic relationship with clinician in May of 2019 regarding anxiety, emotional distress, and substance abuse issues. Throughout therapeutic relationship, client has disclosed various instances of abuse and sexual trauma. Client disclosed an incident of rape around 2004 or 2005, including being subjected to a date rape drug. Janet reported waking in a home with no memory of how she arrived and checking into a hospital to have a rape kit completed. Further, client has disclosed experiences within a past abusive past relationship, including sexual, psychological, emotional, and physical abuse, occurring in 2010. The acts mentioned were perpetrated by her then fiancé, with whom she lived with. Following that experience, client reported sexual abuse of power perpetrated by her then boss and CEO of the company she worked for. Client reported that the man in question intentionally provided client with alcoholic beverages, and then proceeded to sexually abuse client in a hotel room once intoxicated to the point of blacking out. Client reported that this event was known by those she worked with, but that these individuals were quickly silenced by the perpetrator. Due to power and influence of her boss, she did not feel comfortable reporting this incident, and suffered emotional consequences. Additional categorical struggles with mental health have centered around abortion and fertility. Client reports having an abortion in 2003 in college, coerced by the father of the child. Client was pressed on the issue until she consented and brought by the man to carry out the procedure. Client has disclosed current struggles with fertility. Client has expressed desire to have a child, and has been attempting in the past year by utilizing hormonal intervention, resulting in multiple early miscarriages and an ectopic pregnancy requiring medical intervention. Client reports extreme emotional distress related to these experiences. Client has struggled with alcoholism throughout interactions with clinician, and voluntarily engaged in inpatient services. Client reported engaging in Inpatient with Parkview Behavioral Health in 2012, Columbus Springs East in 2019, followed by participation in the Intensive Outpatient Program at Columbus Springs East in 2019. Client reports past intervention with a Psychologist in Fort Wayne, IN from 2012-2017 and has been in a therapeutic relationship with current clinician since 2019. Client has


Phone No.: (614) 870-6670 Fax No.: (614) 870-6855 Email: [email protected]

also reported use of various prescribed anxiety medications to aid in management of symptoms that perpetuate substance abuse. Throughout duration of services provided to Janet, she has been in pursuit of her PhD and is currently conducting research on discovering better treatments for cancer by researching cancer genomes. She is employed at Wexner Medical Center/The James. The work is quite intensive and requires a great deal of dedication, which exerts ongoing baseline stress onto the client. In addition to occupational and educational stressors, Janet reported that her husband lost his job, and during the 2020 Coronavirus pandemic was under extreme pressure to sustain familial income without assistance of her partner. In session, client has reported feeling immense pressure and that the well being of her family and stepchildren rested solely on her shoulders. Client reported that this strain forced focus on methods of earning more money from side business, resulting in the loan application to grow the business and help the family stay afloat. Janet has been active in therapeutic intervention and sought aid for her struggles, in mental health, substance abuse, and in management of merging households and improving/strengthening relationships, both with her spouse and with her step children. Janet’s therapy is ongoing at this time. Sincerely,

Jennifer L.Smith

LPC Clinical Mental Health Counseling MS Professional Counseling [email protected] C: 972-896-5872 O: 614-870- 6670 Direct Fax: +1 614 559 6779


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