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United States v. Schiefer

March 9, 2009




In the presence of the attorney for the government, the defendant appeared in person on this date. March 4 2009

/ WITH COUNSEL Sonia E. Chahin, Panel-Atty

(Name of Counsel)

/ 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:

Disclosure of Illegally Intercepted Electronic Communications in violation of 18 U.S.C. § 2511(1)(c), (4)(a) as charged in Count One; Accessing Protected Computers to Conduct Fraud, Causing an Act to be Done in violation of 18 U.S.C. § 1030(a)(4), (c)(3)(A), 2 as charged in Count Two; Bank Fraud in violation of 18 U.S.C. § 1344 as charged in Count Three; and Wire Fraud in violation of 18 U.S.C. § 1343 as charged in Count Four of the Four-Count 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:

Forty-Eight (48) months. This term consists of 48 months on each of Counts 1, 2, 3, and 4, to be served concurrently. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of three (3) years on each of Counts 1, 2 and 4 and five (5) years on Count 3, all such terms to run concurrently under the following terms

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 drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by 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 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 the defendant's true legal name, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

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 obligation;

Employment and Computer-Related Conditions

The defendant shall not possess or use a computer with access to any online service at any location without the prior approval of the Probation Officer. This includes access through any Internet service provider, bulletin board system, or any public or private computer network system. Further, the defendant shall not have another individual access the Internet on his behalf to obtain files or information which he is restricted from accessing personally, or accept restricted files or information from another person;

The defendant shall use only those computers, computer-related devices, screen/user names, passwords, email accounts, and Internet service providers (ISPs) approved by the Probation Officer. Computers and computer-related devices include, but are not limited to, personal computers, personal data assistants (PDAs), Internet appliances, electronic games, and cellular telephones, as well as peripheral equipment, that can access, or can be modified to access, the Internet, electronic bulletin boards, other computers or similar media. Defendant shall use any approved computers only within the scope of his employment. Defendant shall not access a computer for any other unlawful purpose. Defendant shall immediately report any changes in his employment affecting his access and/or use of computers or the Internet, including e-mail;

All computers, computer-related devices, computer storage media, and their peripheral equipment, used by the defendant, shall be subject to search and seizure and the installation of search and/or monitoring software and/or hardware, including unannounced seizure for the purpose of search. The defendant shall not add, remove, upgrade, update, reinstall, repair, or otherwise modify the hardware or software on any computers, computer-related devices, or their peripheral equipment, nor shall he hide or encrypt files or data without prior approval of the Probation Officer. Further, the defendant shall, as requested by the Probation Officer, provide all billing records, including telephone, cable, internet, satellite, and similar records;

The defendant shall submit to a search, at any time, with or without warrant, and by any law enforcement or probation officer, of the defendant's person and any property, house, residence, vehicle, papers, other electronic communication or data storage devices or media, and effects upon reasonable suspicion if such suspicion exists in the minds of law enforcement concerning a violation of a condition of supervision or any other unlawful conduct by the defendant, or by any probation officer in the lawful discharge of the officer's supervision functions;

The defendant shall not accept employment without the prior approval of the Probation Officer. Further, as directed by the Probation Officer, defendant shall notify third parties, including employers, of risks that may be occasioned by defendant's criminal record or personal history or characteristics and shall permit the Probation Officer to make such notifications and to confirm the defendant's compliance with such notification requirement. If the Probation Officer notifies any third-party of risks that may be occasioned by this defendant's criminal record, he shall also notify such employers of the letter that Mr. Calacanis has submitted to the Court and that it shall ...

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