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United States v. Gulderyan

March 18, 2009


The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge



In the presence of the attorney for the government, the defendant appeared in person on this date. 03 09 2009

X WITH COUNSEL Richard Marmaro & Matthew D. Umhofer (retained)

(Name of Counsel)

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 to Commit Health Care Fraud in violation of 18 USC 371 as charged in Count 1, and Subscribing to a False Tax Return in violation of 26 USC 7206(1) as charged in Count 2 of the Fourth Superseding 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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of: TWENTY-FOUR (24) MONTHS

This term consists of 24 months on Count 1, and 24 months on Count 2, to be served concurrently to each other.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term consists of 3 years on Count 1 and 1 year on Count 2, all such terms to run concurrently and under the following terms and

As a condition of supervised release, the defendant shall participate for a period of twelve (12) months in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer;

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;

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;

During the period of community supervision the defendant shall pay the special assessment 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, immediately upon commencement of community supervision, show proof of having disposed of all firearms in his possession and specifically the Beretta 9 mm, semi-automatic pistol, serial No. BER311110;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving Medicare or other health care programs, without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the

The defendant shall not engage, directly or indirectly, whether as an owner, partner, shareholder, officer, director, employee, contractor, agent, or consultant, officially or unofficially, in the following businesses: Any business submitting claims for reimbursements to the Medicare or Medicaid health care benefit programs, or to private health insurance programs, for any good or services ("health care benefits program provider"); and any business supplying any goods or services, directly or indirectly, to any health care benefits program provider, including but not limited to referral, supervisory, advisory, consulting, management, staffing, billing, logistical, and financial services, and medical, diagnostic, and clinical laboratory services, and medical, diagnostic, and clinical laboratory services, supplies, and equipment; and

The defendant shall not possess personal identification numbers (including social security numbers, medical insurance identification numbers, and medical provider enrollment identification numbers) belonging to persons other tan defendant, his spouse, his dependents, or others with a close familial relationship to him, except as approved in advance and in writing by defendant's supervising Pretrial Services Officer or United States Probation Officer.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, May 8, 2009. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at:

Roybal Federal Building 255 East Temple Street Los Angeles, California 90012

The Court orders the forfeiture as outlined in the government's ex parte application.

It is ordered that the defendant shall pay restitution in the total amount of $11,011,523 pursuant to 18 U.S.C. ยง 3663, to the 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 ...

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