The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 03 30 2009
X WITH COUNSEL Elon Berk, retained
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 in violation of 18 USC 371as charged in Count One of the Third Superseding Information; and Willfully Subscribing a False Tax Return in violation of 26 USC 7206(1) as charged in Count Two of the Third 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-SEVEN (27) MONTHS
This term consists of 27 months on Count 1 and 27 months on Count 2, to be served concurrently.
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 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 restitution 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 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
It is ordered that the defendant shall pay restitution in the total amount of $11,440,132.59 pursuant to 18 U.S.C. § 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 section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.
Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $250 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.
Pursuant to 18 U.S.C. §3612(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 U.S.C. § 3612(g).
The defendant shall be held jointly and severally liable with co-participants, Konstantin Grigoryan, Mayya Grigoryan; Haroutyun Gulderyan; and Eduard Gershelis for the amount of restitution ordered in this judgment.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, June 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 makes the following recommendations to the Bureau of Prisons: (1) that defendant be designated to a facility in Southern California; and (2) that, if eligible, defendant be allowed to participate in a drug/alcohol treatment and rehabilitation
It is ordered that the defendant shall pay to the United States a special assessment of $200, ...