Case 1:15-cr-00004-TH-ZJH Document 100 Filed 06/01/16 Page 1 of 5 PageID #: 568

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
UNITED STATES OF AMERICA
v.
PATRICIA ADAMS LAMBERT

NO. 1:15-cr-4

UNITED STATES SENTENCING MEMORANDUM REGARDING

RESTITUTION
The United States of America, by and through the United States Attorney for the
Eastern District of Texas, hereby submits this Sentencing Memorandum with Respect to
Restitution and respectfully shows the Court as follows:
I. RESTITUTION WILL BE ORDERED AGAINST DEFENDANT
Defendant Patricia Lambert entered into a non-binding plea agreement with the
United States on or about December 28, 2015. In the plea agreement, Defendant agreed
to pay restitution for all losses caused by her criminal conduct and she agreed to not
oppose the United States efforts to collect the restitution. The Presentence Investigation
Report includes a recommendation of restitution to Beaumont Independent School
District in the amount of $500,000which is based on an agreement reached by the
parties following an evidentiary hearing on restitution in February 2016. See Dkt. No.
98, 3.
The Government has learned that Defendant receives monthly income from two
retirement accounts as follows:
UNITED STATES V. PATRICIA LAMBERT:
UNITED STATES SENTENCING MEMORANDUM REGARDING RESTITUTION

PAGE 1

Case 1:15-cr-00004-TH-ZJH Document 100 Filed 06/01/16 Page 2 of 5 PageID #: 569

(a)

Teacher Retirement System of Louisiana, paying her monthly income of

$2,379.16; and

(b)

Teacher Retirement System of Texas, paying her monthly income of

$1,638.89.

See Dkt. No. 98, 80. The United States respectfully requests the Court to order
restitution in accordance with the terms of the plea agreement and order Defendant to
apply the maximum amount allowed by law from those two sources of income to her
restitution judgment.
II. REQUEST FOR COURT TO SET TERMS FOR PAYMENT OF
RESTITUTION
Federal law allows the Court to establish the terms of payment of a fine at the time
of sentencing. 18 U.S.C. 3572(d). Because Defendant will be ordered to pay restitution
and because Defendant has substantial non-exempt assets to pay toward the anticipated
restitution judgment, the United States requests that the Court establish the following
conditions of payment in accordance with its authority under 18 U.S.C. 3572 and
3664(f), which should be applicable until such time as Defendant has satisfied the
financial obligations to be imposed by the judgment:
Defendant shall sign voluntary deduction forms to allow for 25% of her monthly
income from the Teacher Retirement System of Louisiana and the Teacher

UNITED STATES V. PATRICIA LAMBERT:

UNITED STATES SENTENCING MEMORANDUM REGARDING RESTITUTION

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Case 1:15-cr-00004-TH-ZJH Document 100 Filed 06/01/16 Page 3 of 5 PageID #: 570

Retirement System of Texas to be withheld monthly and paid directly to the

United States District Clerk for application to the restitution judgment;1
Defendant must pay a special assessment lump sum of $200.00 due immediately;
Payment of restitution is due immediately. Any restitution amount that remains
unpaid when the defendants supervision commences is to be paid on a monthly
basis at a rate of at least 25% of Defendants gross income, to be changed during
supervision, if needed, based on Defendants changed circumstances, pursuant to
18 U.S.C. 3572(d)(3). If Defendant receives an inheritance, any settlements
(including divorce settlement and personal injury settlement), gifts, tax refunds,
bonuses, lawsuit awards, and any other receipt of money (to include, but not be
limited to, gambling proceeds, lottery winnings, and money found or discovered)
the defendant must, within 5 days of receipt, apply 100% of the value of such
resources to any restitution still owed.
PRAYER
WHEREFORE, the United States respectfully requests that the Court order
restitution in the amount of $500,000.00 to Beaumont Independent School District as set
forth in the PSR; and that the Court impose the aforementioned schedule of payments of

Because the two teacher retirement systems are State-run pension funds, and because Defendant
has already elected her disbursement options, the Government may not garnish more than 25% of that
monthly income. See United States v. DeCay, 620 F.3d 534, 544 (5th Cir. 2010). The Government has
attached a proposed order and proposed voluntary wage deduction forms to facilitate this process.
UNITED STATES V. PATRICIA LAMBERT:
UNITED STATES SENTENCING MEMORANDUM REGARDING RESTITUTION

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Case 1:15-cr-00004-TH-ZJH Document 100 Filed 06/01/16 Page 4 of 5 PageID #: 571

the restitution and forfeiture pursuant to its authority under 18 U.S.C. 3572 and
3664(f).
Respectfully submitted,
JOHN M. BALES
UNITED STATES ATTORNEY
/s/ Robert Austin Wells /s/
ROBERT AUSTIN WELLS
Assistant United States Attorney
Texas State Bar No. 24033327
110 N. College, Suite 700
Tyler, Texas 75702
Tel: (903) 590-1400
Fax: (903) 590-1437
Email: robert.wells3@usdoj.gov

CERTIFICATE OF CONFERENCE
This Sentencing Memorandum is an effort by the Government to collect the
financial obligations to be imposed in connection with this prosecution. Defendant
Patricia Lambert has waived any defense or objection to any action to enforce the
collection of the financial obligations to be imposed in connection with this case and to
pay the restitution to be ordered by the Court. See Plea Agreement, Dkt. No. 63, at 6.

/s/ Robert Austin Wells /s/

Robert Austin Wells
Assistant United States Attorney

UNITED STATES V. PATRICIA LAMBERT:

UNITED STATES SENTENCING MEMORANDUM REGARDING RESTITUTION

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Case 1:15-cr-00004-TH-ZJH Document 100 Filed 06/01/16 Page 5 of 5 PageID #: 572

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record have been served electronically by the
CM/ECF system, or have been served by regular United States mail on June 1, 2016.

/s/ Robert Austin Wells /s/

Robert Austin Wells
Assistant U.S. Attorney

UNITED STATES V. PATRICIA LAMBERT:

UNITED STATES SENTENCING MEMORANDUM REGARDING RESTITUTION

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Case 1:15-cr-00004-TH-ZJH Document 100-1 Filed 06/01/16 Page 1 of 1 PageID #: 573

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
UNITED STATES OF AMERICA
v.
PATRICIA ADAMS LAMBERT

NO. 1:15-cr-4

ORDER
Defendant Patricia Adams Lambert was sentenced and ordered to pay restitution.
In the Judgment, the Court, acting pursuant to its authority under 18 U.S.C. 3572(d)(3)
and 3664(n), ordered Defendant to sign voluntary benefit deduction forms regarding her
monthly income from the Teacher Retirement System of Louisiana and the Teacher
Retirement System of Texas so that 25% of her income is withheld monthly and directed
to the Clerk for application to the restitution judgment entered herein. It is therefore
ORDERED that Defendant shall sign the attached voluntary deduction forms within 7
days of the date of this order and deliver same immediately to the United States
Attorneys Office, Financial Litigation Unit, 110 N. College, Suite 700, Tyler, Texas
75702.

Case 1:15-cr-00004-TH-ZJH Document 100-2 Filed 06/01/16 Page 1 of 2 PageID #: 574

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
UNITED STATES OF AMERICA
v.
PATRICIA ADAMS LAMBERT

NO. 1:15-cr-4

VOLUNTARY RETIREMENT BENEFIT DEDUCTION

I, Patricia A. Lambert, SSN XXX-XX-1228, do hereby assign to the U.S. DISTRICT
COURT, c/o United States District Court, Fine and Restitution Section, 1910 E SE Loop 323 No.
287, Tyler, Texas 75703, the following payments from my monthly distributions, as set forth
below and hereby authorize
Teacher Retirement System of Texas
1000 Red River Street
Austin, Texas 78701-2698
to deduct Twenty-Five Percent (25%) from my monthly distributions and transmit said amounts
directly to the United States District Court for the Eastern District of Texas.
All payments should include my name, Patricia Lambert, and should reference case
number 1:15:cr-4-1. These payments are to continue until the unpaid balance is fully paid and
satisfied or until the liability to pay expires. See 18 U.S.C. 3613. Said assignment of monthly
retirement distributions are made to the benefit of the United States for application toward a
judgment rendered in this criminal case. This assignment may be revoked only with the consent
of the United States Attorney or his designee.

Case 1:15-cr-00004-TH-ZJH Document 100-2 Filed 06/01/16 Page 2 of 2 PageID #: 575

I hereby acknowledge that I have read the foregoing, understand the foregoing, and sign
this document in accordance with the sentence and judgment entered by this Court.

_________________________________
PATRICIA LAMBERT

Subscribed to before me
this_______ day of
________________, 20_____.
_________________________
Notary Public
My commission expires:
_________________________

Case 1:15-cr-00004-TH-ZJH Document 100-3 Filed 06/01/16 Page 1 of 2 PageID #: 576

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
UNITED STATES OF AMERICA
v.
PATRICIA ADAMS LAMBERT

NO. 1:15-cr-4

VOLUNTARY RETIREMENT BENEFIT DEDUCTION

I, Patricia A. Lambert, SSN XXX-XX-1228, do hereby assign to the U.S. DISTRICT
COURT, c/o United States District Court, Fine and Restitution Section, 1910 E SE Loop 323 No.
287, Tyler, Texas 75703, the following payments from my monthly distributions, as set forth
below and hereby authorize
Teacher Retirement System of Louisiana
P.O. Box 94123
Baton Rouge, LA 70804-9123
to deduct Twenty-Five Percent (25%) from my monthly distributions and transmit said amounts
directly to the United States District Court for the Eastern District of Texas.
All payments should include my name, Patricia Lambert, and should reference case
number 1:15:cr-4-1. These payments are to continue until the unpaid balance is fully paid and
satisfied or until the liability to pay expires. See 18 U.S.C. 3613. Said assignment of monthly
retirement distributions are made to the benefit of the United States for application toward a
judgment rendered in this criminal case. This assignment may be revoked only with the consent
of the United States Attorney or his designee.

Case 1:15-cr-00004-TH-ZJH Document 100-3 Filed 06/01/16 Page 2 of 2 PageID #: 577

I hereby acknowledge that I have read the foregoing, understand the foregoing, and sign
this document in accordance with the sentence and judgment entered by this Court.

_________________________________
PATRICIA LAMBERT

Subscribed to before me
this_______ day of
________________, 20_____.
_________________________
Notary Public
My commission expires:
_________________________