The opinion of the court was delivered by: John F. Walter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person
x WITH COUNSEL 1. George Buehler, Rtnd.
x GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding of x GUILTY, defendant has been convicted as charged of the offense(s) of: Computer Fraud in violation of 18 U.S.C. §1030(a)(4) [cts 1,2]; Mail Fraud in violation of 18 U.S.C. §1341 [ct 3,4,5]; and Aiding and Abetting and Causing an Act to Be Done in violation of 18 U.S.C. § 2 [cts 1, 2, 3, 4, 5 ]; Criminal Forfeiture in violation of 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853 (p) and 28 U.S.C. § 2461(c) [ct 6] as charged in the Six-Count First Superseding Information filed on February 19, 2009
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, Nicholas Lakes, is hereby committed on counts one through five of the first-superseding information to the custody of the Bureau of Prisons to be imprisoned for a term of 70 months. This term consists of 70 months on each of counts one and two, and 70 months on each of counts three, four and five, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of counts one through five of the first-superseding information, to be served concurrently under the following terms
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;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in an approved residential drug treatment and counseling program approved by the U. S. Probation Office, that includes urinalysis, saliva and/or sweat patch testing for treatment of narcotic addiction or drug dependency, until discharged by the Program Director;
Defendant shall possess or use computers, computer-related devices, screen/user names, passwords, email accounts, and Internet Service Providers (ISPs) only within the scope of his employment or as otherwise approved by the Probation Office for personal use. After obtaining the Probation Office's approval for possession or use of a particular computer, computer-related device, screen/user name, password, e-mail account, or ISP, defendant need not obtain approval for subsequent use of that particular item. Computer and computer-related devices include personal computers, personal data assistants (PDAs), Internet appliances, electronic games, cellular telephones, and computer storage media, as well as peripheral equipment, that can access, or can be modified to access, the Internet, electronic bulletin boards, other computers, or similar media;
All computers, computer-related devices, computer storage media, and peripheral equipment used by defendant shall be subject to search, seizure (including unannounced seizure for the purpose of search), and the installation of search and/or monitoring software and/or hardware;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
During the period of community supervision the defendant shall pay the special assessment and any restitution in accordance with this judgment's orders pertaining to such payment; and
The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs Enforcement (ICE), and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of court-ordered supervision, the defendant shall report for instructions to the United States Probation Office located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California.
It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $2,897,629.00 pursuant to 18 U.S.C. §
Defendant shall pay restitution in the total amount of $2,897,629.00 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 the victims. The victims list, which shall be forwarded from the Probation Office to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.