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United States v. Opinion

September 22, 2009

UNITED STATES OF AMERICA
v.
VIRGILIO LOPEZ OPINION SOCIAL SECURITY NO. 0949 (LAST 4 DIGITS)



The opinion of the court was delivered by: Alicemarie H. Stotler 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.

SEPTEMBER 21, 2009

X WITH COUNSEL Elizabeth Macias, DFPD

(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: Health Care Fraud, Aiding and Abetting and Causing an Act to Be Done in violation of 18 USC §§ 1347, 2 as charged in Count 2 and False Statements Related to Health Care Matters as charged in Count 28 of the 29-Count Indictment.

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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

IT IS ORDERED that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $660,955 to Medicare.

IT IS FURTHER ORDERED that a partial payment of $1,000 shall be paid immediately. The balance of the restitution shall be paid in monthly installments of $200 during the term of probation. These payments shall begin 30 days after the commencement of probation. In the event defendant is incarcerated in the future, the balance shall be due during the period of imprisonment at the rate of not less than $25 per month, and pursuant to the Bureau of Prisons Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, defendant shall resume monthly payments of $200 to be paid during any period of supervised release. These payments begin 30 days after the commencement of supervision.

IT IS FURTHER ORDERED that the defendant shall be held jointly and severally liable with co-participant, George Kooshian (Docket No. SACR-08-00182-AHS) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.

IT IS FURTHER ORDERED that all fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

IT IS FURTHER ORDERED that the defendant shall comply with General Order

IT IS FURTHER ORDERED that pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Virgilio Lopez Opinion, is hereby placed on probation on Counts 2 and 28 of the Indictment for a term of three years, such term consists of 3 years on each of Counts 2 and 28, all such terms to run concurrently, under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318, 01-05, 05-02;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

During the period of probation the defendant shall pay the special assessment and restitution in accordance with this judgment;

The defendant shall notify California Department of Public Heath, relative to the defendant's clinical laboratory scientist license, of his conviction and provide proof of such notice to the Probation Officer within 30 days of sentencing;

The defendant shall apply any 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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