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U.S. v. ST. LUKE'S SUBACUTE HOSP. AND NURSING CTR.

United States District Court, N.D. California


June 9, 2004.

U.S.
v.
ST. LUKE'S SUBACUTE HOSPITAL AND NURSING CENTRE, INC.

The opinion of the court was delivered by: MARILYN PATEL, Chief Judge, District

JUDGMENT IN A CRIMINAL CASE

THE DEFENDANT ORGANIZATION:

[] pleaded guilty to count(s): ____.
  [] pleaded nolo contendere to count(s) ____ which was accepted by the court.

  [x] was found guilty on count(s) 1,2,3,4,5,6 of the Indictment after a plea of not guilty.

  ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s).

  Date Offense Count Title & Section Nature of Offense Concluded Number(s)

  The defendant organization is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. This court's bench order, made at the time of sentencing, is hereby deemed incorporated.

  [] The defendant organization has been found not guilty on count(s) ____.

  [] Count(s) ____ (is) (are) dismissed on the motion of the United States.

  IT IS FURTHER ORDERED that the defendant organization shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant organization shall notify the court and United States attorney of any material change in the organization's economic circumstances. ADDITIONAL COUNTS OF CONVICTION

 

Date Offense Count Title & Section Nature of Offense Concluded Number(s)
18 U.S.C. § 371 Conspiracy 1 18 U.S.C. § 287, 2 False Claims and Aiding and Abetting 2,3,4 18 U.S.C. § 1001, 2 False Statements and Aiding and 5 Abetting 18 U.S.C. § 1516 Obstruction of Federal Audit 6 PROBATION

  The defendant organization is hereby placed on probation for a term of 5 years.

  The defendant organization shall not commit another federal, state, or local crime.

  If the judgment imposed a fine or a restitution obligation, it shall be a condition of probation that the defendant organization pay any such fine or restitution in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.

  The defendant organization shall comply with the standard conditions that have been adopted by this court (set forth below). The defendant organization shall also comply with the additional conditions on the attached page (if indicated below). STANDARD CONDITIONS OF SUPERVISION

  It is the order of the Court that the defendant organization shall comply with the following standard conditions:

  1) Within thirty days from the date of this judgment, the defendant organization shall designate an official of the organization to act as the organizations's representative and to be the primary contact with the probation officer;

  2) The defendant organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

  3) The defendant organization shall notify the probation officer ten days prior to any change in principal business or mailing address;

  4) The defendant organization shall permit a probation officer to visit the organization at any of its operating business sites;

  5) The defendant organization shall notify the probation officer within seventy-two hours of any criminal prosecution, major civil litigation, or administrative proceeding against the organization;

  6) The defendant organization shall not dissolve, change its name, or change the name under which it does business unless this judgment and all criminal monetary penalties imposed by this court are either fully satisfied or are equally enforceable against the defendant's successors or assignees;

  7) The defendant organization shall not waste, nor without permission of the probation officer, sell, assign, or transfer its assets. SPECIAL CONDITIONS OF SUPERVISION

  1. The defendant shall provide financial information to the US Probation Officer upon request.

  2. The defendant shall develop and implement an effective prevention and detection program during the period of probation and shall disclose the details of this program to the US Probation Officer.

  3. The defendant shall cooperate with the Center for Medicaid and Medicare Services in the collection of restitution in the amount determined by this agency. CRIMINAL MONETARY PENALTIES

  The defendant organization shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in this judgment.

  Assessment Fine Restitution

 Totals: $2400.00 $ waived $

  [x] The determination of restitution is deferred until as determined by Center for Medicaid and Medicare Services.. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.

  [] The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.

  If the defendant organization makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment.

  *Total Amount of Priority Order or Name of Payee Amount of Loss Restitution Ordered Percentage of Payment

  Totals: $____ $____

  [] If applicable, restitution amount ordered pursuant to plea agreement $____

  [] The defendant organization shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

  [] The court determined that the defendant organization does not have the ability to pay interest, and it is ordered that:

[] the interest requirement is waived for the [] fine and/or [] restitution.
[] the interest requirement for the [] fine and/or [] restitution is modified as follows:
  * Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. SCHEDULE OF PAYMENTS

  Having assessed the organization's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A [x] Lump sum payment of $2400.00 due immediately, balance due
[] not later than ____, or
[x] in accordance with () C, () D, or () E below; or
B [] Payment to begin immediately (may be combined with () C, () D, or () E below); or
  C [] Payment in ____ (e.g. equal, weekly, monthly, quarterly) installments of $____ over a period of ____ (e.g., months or year(s)), to commence ____ (e.g., 30 or 60 days) after the date of this judgment; or

  D [] Payment in ____ (e.g. equal, weekly, monthly, quarterly) installments of $____ over a period of ____ (e.g., months or year(s)), to commence ____ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or

  E [] Special instructions regarding the payment of criminal monetary penalties:

  All criminal monetary penalties are made to the clerk of court, unless otherwise directed by the court, the probation officer, or the United States attorney.

  The defendant organization shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

  [] Joint and Several

  Case Number Joint and Several (including Defendant Defendant Name Amount Number)

 

[] The defendant organization shall pay the cost of prosecution.
[] The defendant organization shall pay the following court cost(s):
[] The defendant organization shall forfeit the defendant organization's interest in the following property to the United States:
  Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7) penalties, (8) costs, including cost of prosecution and court costs.

20040609

© 1992-2004 VersusLaw Inc.



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