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United States v. Kaplan

March 4, 2009

UNITED STATES OF AMERICA
v.
DEFT 1: LAWRENCE BRADLEY KAPLAN SOCIAL SECURITY NO. 9459 BRAD KAPLAN (LAST 4 DIGITS)



JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 03 03 09

X WITH COUNSEL Retained George Newhouse (Name of Counsel)

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:

Negligent Discharge of Pollutants into a Publicly-Owned Treatment Works; Causing an Act to be Done, in violation of Title 33 U.S.C. § 1311(a), as charged in Count One of the Information.

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 placed:

on Count One of the Four-Count Information for a term of three years under the following terms and conditions:

It is ordered that the defendant shall pay to the United States a special assessment of $25, which is due

The defendant shall be held jointly and severally liable with co-defendant Los Angeles Drum and Barrel Company for the payment of all criminal fines, restitution, and community service payments which the Court has ordered Los Angeles Drum and Barrel Company to pay at sentencing.

The defendant shall comply with General Order No. 01-05.

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

DEFT 1: Lawrence Bradley Kaplan Docket No.: CR 08-1394-PSG

The defendant shall participate for a period of 10 months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. In addition, the Court orders the Probation Office to recognize the defendant's needs as a care giver, and set terms and conditions of home and detention program accordingly;

The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

The defendant shall not engage directly or indirectly in any further business or commercial activities involving the receipt, transportation, handling, or generation of hazardous materials and wastes for profit, including drums and containers that formerly held hazardous wastes or materials;

During the period of community supervision the defendant shall pay the special assessment ordered against him, as well as the fine, restitution, and community service payments ordered against Los Angeles Drum and Barrel Company in accordance with this judgment's orders pertaining to such payment; and

The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligations of himself and Los Angeles Drum and Barrel Company.

IT IS FURTHER ORDERED that the probationary period not begin at the expiration of at least 30

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

The bond is hereby exonerated.

The defendant is advised of the right to appeal.

On Government's motion, all remaining counts are Ordered dismissed.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

03/03/09 Date U. S. District Judge It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

Wendy K. Hernandez Filed Date Deputy Clerk

The defendant shall comply with the standard conditions that have been adopted by this ...


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