The opinion of the court was delivered by: Robert M. Takasugi Sr. U. S. District Judge
CORRECTED JUDGMENT ORDER (pursuant to Order filed 1/8/2009
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. July 14 2008
x WITH COUNSEL Jaime Guerrero, 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 to Commit Securities Fraud and Wire Fraud in violation of 18 U.S.C. § 371 as charged in Count 1 of the Information; Wire Fraud in violation of 18 U.S.C. § 1343 as charged in Count 2 of the Information 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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due
It is ordered that the defendant shall pay to the United States a total fine of $7,000. The total fine shall bear interest as provided by law.
The fine shall be due during the period of probation at the rate of $300 a month and, shall be made during the period of probation. These payments shall begin 30 days from this date.
Pursuant to the Sentencing Reform Act of 1984, It is the judgment of the Court that the defendant, Kenneth D'Angelo, is hereby placed on probation for a term of two (2) years. This term consists of 2 years on each of Counts 1 and 2 of the Information, all such terms to run concurrently under the following terms and conditions:
1. The defendant, as a special condition of supervision, participate in a program for home detention, with no electronic monitoring, for a period of four (4) months, and shall observe all rules of such program, as directed by the Probation Officer;
2. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
3. The defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;
4. The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;
5. The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation or the United States Securities Investor Protections Corporation; and
6. The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...