JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. August 31 2009
X WITH COUNSEL Michael L. Lipman and Barbara H. Murray, retained
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:
Conspiracy in violation of Title 18 United States Code, Section 371, 3571(b)(3), as charged in Count 1 of the Indictment.
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: Sixteen (16) months.
The Court ORDERS the defendant to pay to the United States a special assessment of $100.00, to the Clerk of the Court.
It is ordered that the defendant shall pay restitution in the total amount of $3,954,009.75, 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.
The amount of restitution ordered shall be paid as set forth on the list attached to this judgment.
The defendant shall be held jointly and severally liable with co-defendants, Adam Gilman, Bryan Laurienti, David Montesano, Curtiss Parker, Troy Peters, and Donald Samaria in Docket No. CR03-620; co-participant James Dale Green, Jr., in Docket No. CR 03-395; and co-participant Gregory DuBois Walker in Docket No., CR03-611, for the amount of restitution ordered in this
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 $500 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.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
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 comply with General Order no. 01-05.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, John Laurienti, is, hereby, committed on Count 1 of the 24 Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of Sixteen
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three yearsunder the following
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318.
The defendant shall participate in an outpatient substances 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 and 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 a residential chemical dependency treatment program approved by the United States Probation Office for treatment of alcohol addiction or alcohol dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of alcohol, and the defendant shall reside in the treatment program until discharged by the Program Director
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U. S. C. § 3672. The defendant shall ...