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United States v. Yazbeck

March 17, 2009

UNITED STATES OF AMERICA
v.
ORAS A. YAZBECK SOCIAL SECURITY NO. AOURAS YAZBECK; JOHD J. ISSA; MOHAD ISSA; NASEER (LAST 4 DIGITS) I. HASAN; MOHAMID ISMAIL NABILSI; CHAM A. YAZBEK; QASEM QASEM



The opinion of the court was delivered by: David O. Carter, U. S. District Judge

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. MAR 16 2009

X WITH COUNSEL Errol Stambler, Appointed

(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: Count 1 of the Indictment: Access Device Fraud, Aiding and Abetting (18 USC 1029(a)(2); 2 Count 10 of the Indictment: Money Laundering, Aiding and Abetting (18 USC 1956(a)(1)(B)(i); 2

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.

It is ordered that the defendant shall pay to the United States a special assessment of $200.00, which is due

It is ordered that the defendant shall pay restitution in the total amount of $787,275.67, pursuant to 18 USC 3663A.

The amount of restitution ordered shall be paid as set forth on a separate confidential victim list prepared by the probation office and provided to the Fiscal Section.

Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid afer release from custody, nominal monthly payments of 10 percent of the defendant's gross monthly income, but not less than $100.00, 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.

If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

The defendant shall be held joint and severally liable with co-participant, George Habib, for the amount of restitution

Pursuant to 18 USC 2613(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 USC 3612(g).

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

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Oras A. Yazbeck, is hereby committed on Counts 1 and 10 of the Indictment 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 and 10 of the Indictment, to be served

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 and 10 of the Indictment, all such terms to run concurrently.

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318, including the condition that the defendant shall not commit any violation of local, state, or federal law or ordinance;

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 apply monies received from income tax refunds greater than $500.00, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the ...


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