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. 02 09 2009
X WITH COUNSEL Liliana Coronado, Deputy Federal Public Defenders, Appointed
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
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 te Indictment; Bank Fraud, Aiding and Abetting and Causing an Act to be Done in violation of 18 USC 1344, 2, as charged in Count 2 of the Indictment; and Criminal Forfeiture in violation of 18 USC 982, as charged in Count 3 of the Indictment.
The Court asked whether there was any reason 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 Counts one and two of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: TIME SERVED.
It is ordered that the defendant shall pay to the United States a special assessment of $200.00, which is
It is ordered that the defendant shall pay restitution in the total amount of $924,569.60 pursuant to 18
The amount of restitution ordered shall be paid 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.
A partial payment of $45,000.00 shall be paid in installments when defendant's CDs mature and become available, and shall be paid no later than January 31, 2010. Monthly payments of at least $100.00 shall be made during the period of supervised release. These payments shall begin thirty (30) days after release from the Community Corrections Facility.
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).
The defendant shall be held jointly and severally liable with co-conspirators Marilyn Ong and Ildefonso Ong for the amount of restitution ordered in this judgment.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition
The defendant shall comply with General Order No. 01-05.
Defendant is hereby placed on supervised release for a term of five (5) years. This term consists of three (3) years on count one, and five (5) years on count two, 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 Order 318;
The defendant shall reside for a period of eighteen (18) months in an approved Community Corrections Center (Community Corrections Component), as directed by the Probation Officer, and shall observe the rules and regulations of that facility and the Probation Officer.
During the period of community supervision, the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than his true legal name, without the prior written approval of the Probation Officer; nor shall he use, for any purpose or in any manner, any name other than his true legal name; and The defendant's employment shall be approved by the Probation Officer, and any change in employment must be pre-approved by the Probation Officer. The defendant ...