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United States v. Weiss

June 2, 2008

UNITED STATES OF AMERICA
v.
MELVYN I. WEISS SOCIAL SECURITY NO. 1392 TRUE NAME: MELVYN IRWIN WEISS (LAST 4 DIGITS)



The opinion of the court was delivered by: John F. Walter, U. S. District Judge

Corrected 5/25/2010

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person June 2, 2008

x WITH COUNSEL Benjamin Brafman and Thomas Brown (Retained)

(Name of Counsel)

x GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO

CONTENDERE NOT GUILTY

There being a finding of x GUILTY, defendant has been convicted as charged of the offense(s) of: Racketeering Conspiracy in violation of 18 U.S.C. § 1962(d) as charged in the Two-Count Fourth Superseding Information filed on March 20, 2008 The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Melvyn I. Weiss, is hereby committed on Count 1 of the Two-Count Fourth Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of 30 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

During the period of community supervision the defendant shall pay the special assessment, fine and forfeited amount to the extent such obligations were not satisfied prior to the commencement of the term of supervised release; and The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. It is ordered that the defendant shall pay to the United States a total fine of $250,000, which shall bear interest as

The fine shall be paid in full within 7 days of sentencing.

Pursuant to 28 U.S.C. § 2461(c), 18 U.S.C. §§ 981(a)(1)(A) & (C), and 18 U.S.C. § 1963, the defendant shall forfeit to the United States the amount of $9,750,000. The forfeited amount shall be paid to the United States in the following manner: (1) within seven calendar days of sentencing, the defendant shall pay to the United States the amount of $5,000,000 by electronic funds transfer; and (2) within 180 days of sentencing, the defendant shall pay to the United States the remaining $4,750,000 by electronic funds transfer. Both transfers of funds shall be made to the Federal Reserve bank of New York, pursuant to the terms of the plea agreement.

The defendant shall comply with General Order No. 01-05.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12:00 noon, on August 28, 2008. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at Alphhonse M. D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722 .

Court recommends that the defendant be placed in FCI Morgantown, West Virginia.

Bond exonerated up self-surrender.

Defendant informed of right ...


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