The opinion of the court was delivered by: Alicemarie H. Stotler Chief U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
X WITH COUNSEL Michael Garey, Apptd. (Name of Counsel)
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:
Conspiracy in violation of 18 USC § 371 as charged in Count 1 of the 16-Count Indictment; Mail Fraud in violation of 18 USC § 1341 as charged in Count 6 of the 16-Count Indictment.
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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
Forty-two (42) months on Counts 1 and 6 of the Indictment. This term consists of forty-two (42) months on Count 1 and thirty-seven (37) months on Count 6 to be served *concurrently.*.
IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $200.00, which is due immediately.
IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $906,598.00 to victims as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office shall remain confidential to protect the privacy interests of the victims.
IT IS FURTHER ORDERED that restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $50 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered. If the defendant makes a partial payment, each payee shall receive approximately proportional payment.
IT IS FURTHER ORDERED that the defendant shall be held jointly and severally liable with convicted co-defendants Millennium Outpatient Surgery Center (MOSC), Thuy Ngoc Pham, Olga Lilia Toscano, and Esmeralda Ortiz Tello for the amount of restitution ordered in this judgment.
IT IS FURTHER ORDERED that pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
IT IS FURTHER ORDERED that the defendant shall comply with General Order
IT IS FURTHER ORDERED that all fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of 3 years on each of Counts 1 and 6, all such terms to run concurrently under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318 and 01-06;
During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment;
The defendant shall not be employed in a position which involves the advertising, marketing or recruitment of patients for medical ...