JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
X WITH COUNSEL James D. Riddet, Ret. (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: Smuggling in violation of 18 U.S.C. § 545 as charged in Count 1 of the Information and False Statement in violation of 18 U.S.C. §1001 as charged in Court 2 of the 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:
The defendant shall pay to the United States a special assessment of $200.00, which is due
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to the $3,000,000 penalty assessed by the Customs and Border Protection pursuant to the Global Settlement Agreement.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Bernard Senkowski, is hereby placed on probation on Counts 1 and 2 of the 2-Count Information for a term of 5 years. This term consists of 5 years on each of Counts 1 and 2, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
3. The defendant shall cooperate in the collection of a DNA sample from the defendant;
4. The defendant shall comply with the terms of the Global Settlement Agreement entered into with the United States Customs and Border Protection, including that he shall make payments of $500,000 on February 15, 2010; $500,000 on February 15, 2011; $550,000 on February 15, 2012; $525,000 on February 15, 2013; and $525,000 on February 15, 2014; and shall provide proof of compliance with the payment schedule to the Probation Officer; and
5. As directed by the Probation Officer, the defendant shall provide to the Probation officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns and a signed release authorizing their disclosure and (3) an accurate financial statement, with supporting documentation as to all assets, income, expenses, and liabilities of the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
Defendant advised of his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...