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United States v. Choi

August 10, 2009

UNITED STATES OF AMERICA
v.
KYUNG CHOI SOCIAL SECURITY NO. 7658 (LAST 4 DIGITS)



The opinion of the court was delivered by: Florence-marie Cooper U. S. District Judge

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. AUG 10 2009

X WITH COUNSEL David Karl Willingham and Michael Proctor, retained counsel

(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 USC 287: FALSE CLAIMS TO THE UNITED STATES (Count One 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,

Kyung Choi is hereby placed on probation on Count One of the Information for a term of 4 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 and obey all laws;

The defendant shall participate for a period of 6 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 pay the costs of home confinement/electronic monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment, restitution, and the fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall perform 200 hours of community service, as directed by the

The defendant shall cooperate in the collection of a DNA sample from the

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay to the United States a total fine of $3,000, which shall bear interest as provided by law. The fine shall be paid in monthly installments of at least $500 during the term of probation. These payments shall begin 30 days after the last payment of restitution.

Defendant shall pay restitution in the total amount of $139,328.05, pursuant to 18 U.S.C. § 3663A, 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 $39,328.05 shall be paid within 60 days of sentencing. The defendant shall receive credit for any restitution payments made (approximately $45,000). The defendant shall make monthly payments of at least $2,500 during the period of probation, which shall begin 30 days after the commencement of supervision. Pursuant to 18 USC 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest in addition to a fine. Payments may be subject to penalties for default and delinquency pursuant to 18 USC 3612(g). The defendant shall comply with General Order 01-05 (see separate page for terms and conditions).

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...


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