First American Law Center Victim Declaration
The Mandatory Victims Restitution Act of 1996 requires the United States Attorney’s Office to provide notice of the following information to all identified victims harmed as a result of the commission of a federal offense. Our records indicate you may be a victim of the above-cited cases. Federal law entitles you to receive notice of the defendants’ convictions and their sentencing date. Also, as a result of the defendant’s crime, you may be entitled to be compensated with restitution, and you have the right to prepare the enclosed declaration which will be submitted to the Court by our office on your behalf.
On January 5, 2012, defendants Gary Bobel, Scott Thomas Spencer, Mark Andrew Spencer and Travis Iverson, pled guilty to Count 1: Conspiracy to Commit Wire Fraud. Gary Bobel also pled guilty to Count 2: Attempt to Evade or Defeat Tax.
On December 3, 2012, defendants Gary Bobel, Scott Thomas Spender and Travis Iverson were sentenced to the following: Gary Bobel - Count 1 - 46 months in custody, Count 2 - 46 months in custody, to be served consecutively (total 92 months); three years supervised release. Scott Thomas Spencer - Count 1 - 30 months in custody; three years supervised release. Travis Iverson - Count 1 - 24 months in custody; three years supervised release. Defendant Mark Andrew Spencer is scheduled to be sentenced on February 5, 2013 at 9:00 a.m.
A Restitution Hearing is scheduled for March 5, 2013 at 9:00 a.m. in Courtroom 3 before the Honorable Roger T. Benitez. You have the right to file an affidavit relating to the specific losses and costs you have incurred as a result of the above offense. If you want the judge to consider you to be included in the restitution order, you must submit the attached declaration form and provide proof of your payment to 1st American Law Center (or related entities, including 1st American Processing Center or The Lead Source/“TLS”). A declaration form, which has the same legal effect as an affidavit but which need not be notarized, is enclosed for your use. The best opportunity to have the full amount of your loss included in the restitution order is by submitting proof of your payment (a credit card statement, bank statement, cancelled check, copy of a cashier’s check). A copy of the contract you signed, indicating your intention to pay in the future may not be adequate. Please be advised that if there is no record of your payment, the judge may not award you the entire amount you are claiming, or any amount at all.
Please return these documents to the United States Attorney’s Office, Attn: Polly Montaño, 880 Front Street, Room 6293, San Diego, CA 92101, or you can submit online by filling out the form above on this webpage. In order for you to be considered for restitution, we will need to receive the declaration and supporting documents by no later than February 1, 2013.
This notice is provided through the U.S. Department of Justice Victim Notification System (VNS) and is designed to provide you with the information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this case on the VNS web site at www.notify.usdoj.gov or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or internet to update your contact information and/or change your decision about participation in the notification program. If you update your contact information to include a current email address. VNS will send information to that email address. In order to continue to receive notifications, it is your responsibility to keep your contact information current.