The opinion of the court was delivered by: Christina A. Snyder, 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. 01 08 2009
X WITH COUNSEL Victor Sherman, Retained
X 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 First Superseding Indictment; Subscribing to False Income Tax Return in violation of 26 USC 7206(1), as charged in Counts 2, 3, and 4 of the First Superseding 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 on Count 1, 2, 3, and 4 of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: EIGHTEEN (18) MONTHS. This term consists of eighteen (18) months on each of Counts 1, 2, 3, and 4, to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $400.00, which is due immediately to the Clerk of the Court.
It is ordered that the defendant shall pay restitution to the Internal Revenue Service, in the total amount of $520,000.00 pursuant to 18 U.S.C. § 3663A. Restitution shall be paid in full, no later than sixty (60) days from the date of judgment.
It is ordered that the defendant shall pay to the United States a total fine of $60,000.00, which shall bear interest as provided by law and which shall be paid within sixty (60) days from the date of
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of three (3) years on Count 1 and one (1) year on Counts 2, 3, and 4, all such terms to run concurrently under the following terms and conditions:
The defendant shall comply with General Order No. 01-05;
The defendant shall participate for a period of twelve (12) months in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer;
The defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $20.00 for each day of participation in the electronic monitoring program. The defendant shall provide payment and proof of payment as directed by the Probation Officer; The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one (1) drug test within fifteen (15) days of release from imprisonment and at least two (2) periodic drug tests thereafter, not to exceed eight (8) tests per month, as directed by the Probation Officer;
During the period of community supervision, the defendant shall pay the special assessment, restitution and the fine in accordance with this judgment's orders pertaining to such payment;
The defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show ...