The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. Feb. 27 2009
x WITH COUNSEL Jerome A. Busch and Heather M. Peck, retaind
x GUILTY, and the court being satisfied that there is a factual basis for the plea.
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
18 USC § 1343, 2(a), 2(b): Wire Fraud, Aiding and Abetting, Causing an Act to be Done as charged in counts one and two of the Information. 26 USC § 7201: Tax Evasion as charged in count three of the information. 26 USC § 7206(2): Willful Aiding and Assisting Preparation of False Tax Return as charged in count four 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: 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:
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due
Defendant shall pay restitution in the total amount of $46,838,420 pursuant to 18 U.S.C. § 3663A, 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
A partial payment of $1,000 shall be paid in full within 30 days of sentencing. The balance 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 $2,100 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. 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-participant, Co Tro Lam (Docket No. CR-04-00602), for the amount of restitution ordered in this judgment.
The defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Richard Po Chun Wong, is hereby committed on Counts 1 through 4 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 30 months. This term consists of 30 months on each of Counts 1, 2, and 3, and 24 months on Count 4, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions. This term consists of three years on each of Counts 1, 2, and 3, and one year on Count 4, all such terms to run concurrently.
The defendant shall not commit any violation of local, state or federal law or ordinance;
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 and restitution 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 proof to the Probation Officer of compliance with this order;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and
The defendant shall report this conviction to the California Board of Accountancy within 30 days of sentencing.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...