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United States v. Haroutunian

August 11, 2009

UNITED STATES OF AMERICA
v.
ANTOINE DAVID HAROUTUNIAN SOCIAL SECURITY NO. 8057 ANTHONY HART; TONY HART (LAST 4 DIGITS)



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank United States 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.

August 10, 2009

X WITH COUNSEL Lara Bazelon, 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: Bank Fraud, in violation of 18 U.S.C. §§1344(1), 2; and False Statement to a Financial Institution, in violation of 18 U.S.C. §§1014, 2(b).

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, Antoine David Haroutunian, is hereby committed on Counts One, Five, Nine, and 13 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 27 months. This term consists of 27 months on each of Counts One, Five, Nine and 13 of the Indictment, to be served concurrently. This sentence shall run concurrently with any sentenced imposed previously, or any sentence imposed subsequent to this sentencing, emanating from docket numbers CR08-01037-GW and CR09-00186-PA. .

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 the defendant shall pay restitution to the Bank of America in the total amount of $463,631.43, pursuant to 18 U.S.C. §3663A.

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 $100 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.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions. This term consists of three years on each of Counts One, Five, Nine, and 13, all such terms to run concurrently. This term of supervised release shall run concurrently with any term of supervised release imposed previously, or imposed subsequent to this sentencing, emanating from docket numbers CR08-01037-GW and CR09-00186-PA.

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

The defendant shall comply with General Order No. 01-05;

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;

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 apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the ...


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