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United States v. Capital Data Products LLC

June 22, 2009

UNITED STATES OF AMERICA
v.
CAPITAL DATA PRODUCTS LLC SOCIAL SECURITY NO. NONE CAPITAL DATA PRODUCTS LIMITED PARTNERSHIP (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 on this date.

06/22/2009

/ WITH COUNSEL James Spertus

(Name of Counsel)

/ GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding of / GUILTY, defendant has been convicted as charged of the offense(s) of:

Conspiracy in violation of 18 U.S.C. § 286 as charged in Count 1 of the Single-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 sentenced to probation for a term of:

Three (3) 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, including, but not limited to, the condition that defendant shall not commit another federal, state or local crime;

Within 30 days of sentencing, the defendant organization shall designate an official of the organization to act as the organization's representative and to be the primary contact with 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;

Defendant shall apply monies received from income tax refunds greater than $500.00, lottery winnings, inheritance, judgment, and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligations;

Defendant organization shall notify the Court, through the Probation Office, of any material change in the organization's economic circumstances that might affect the organization's ability to pay the special assessment and restitution;

The defendant shall adopt and implement a Code of Ethics and a Corporate Compliance Program for the defendant and its affiliated companies acceptable to the United States Attorney's Office and the United States Probation Office. The Code of Ethics and Compliance Program will remain in place for a minimum of three years. For the first six months following sentencing, the defendant will employ an independent corporate monitor, acceptable to the Probation Officer, to ensure compliance pursuant to the compliance program. The corporate monitor shall submit quarterly reports to the United States Probation Office setting forth the details of the monthly monitoring reviews and noting any violations of the corporate monitoring program. After the first six months of outside corporate monitoring, the defendant may designate a non-independent corporate monitor, acceptable to the independent monitor, to submit quarterly reports to the United States Probation Office for the remaining term of probation.

It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.

It is ordered that defendant shall pay restitution in the total amount of $137,919.96 to 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.

A partial payment of at least $4,000.00 shall be paid immediately. The balance of the restitution shall be paid in monthly installments of at least $4,000.00 during the term of probation. The payments shall begin 30 days after the commencement of supervision.

It is ordered that the defendant shall pay to the United States a total fine of $280,000.00. Payment of the fine shall not commence until the restitution ordered has been paid in full. The fine is otherwise to paid in conformance with the ...


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