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United States v. Foss Therapy Services

March 27, 2009

UNITED STATES OF AMERICA
v.
FOSS THERAPY SERVICES, INC. SOCIAL SECURITY NO. N O N E (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 03 27 2009

X WITH COUNSEL Gail Standish, retained

(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:

18 U.S.C. § 371: Conspiracy as charged in the Single Count 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:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Foss Therapy Services, Inc., is hereby placed on probation on the single-count Information for a term of five years, under the following terms and conditions:

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 fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall notify the Court, through the Probation Office, of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay special assessments or a fine;

The defendant shall notify the Probation Officer immediately upon learning of (a) any material adverse change in its business or financial condition or prospects, or (b) the commencement of any bankruptcy proceedings, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by governmental authorities regarding the organization;

The defendant shall notify the Probation Officer immediately of any intent to sell the organization, change the name of the organization, merge with another business entity, or otherwise dissolve and/or modify, in any form or manner, the organizational structure from its present status;

If the defendant changes its name, or merges with another company through a stock or assets purchase, the renamed, newly-created, or merged company shall be obliged to meet all of the obligations of defendant in accordance with this judgment's orders pertaining to payment of the fine and special assessment, as well this judgment's orders pertaining to limitations on defendant's scope of work permitted under California Radioactive Material License Number 6875-36;

The defendant shall limit the scope of its work permitted under California Radioactive Material License Number 6875-36 according to the conditions set forth in defendant's plea agreement Attachment B, "Scope of Work." The defendant shall operate in full compliance with all federal, state, and local environmental laws. Moreover, defendant shall abide by and follow any lawful orders issued by any local, state, or federal regulatory and enforcement agency having jurisdiction over its activities.

FINE: It is ordered that the defendant shall pay to the United States a total fine of $50,000. A lump sum of $10,000 shall be paid immediately. The remainder of the fine shall be paid in monthly installments of $1,000 during the term of probation, beginning 30 days after the date of this judgment. Pursuant to 18 U.S.C. ยง 3612(f)(3)(A), interest on the fine is waived as it is found that the defendant does not have the ability to pay interest. Payments may be subject to ...


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