The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09 21 09
W WITH COUNSEL Benjamin Gluck and Jean Rhee, Retained Counsel
W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Title 18, United States Code, Section 371, Conspiracy, as charged in Count 1; Title 21, United States Code, Section 331(a), 333(a)(2, 352(c), 352(f)(1), Introducing Misbranded Drugs into Interstate Commerce, as charged in Counts 2 and 3; Title 18, United States Code, Section 545, Smuggling Goods into the United States, namely, drugs purchased in India, contrary to law, as charged in Counts 4 and 5; Title 18, United States Code, Section 545 and Title 18, United States Code, Section 2(a),(b), knowingly and intentionally aided, abetted, counseled, commanded, induced, procured, and caused the fraudulent and knowing importation and bringing into the United States of merchandise, namely, drugs purchased in Honduras, contrary to law, as charged in Count 6; Title 18, United States Code, Section 982(a)(2)(B), and Title 21, United States Code, Section 853(p), Criminal Forfeiture as charged in Count 7; Title 18, United States Code, Section 981(a)(1)(C), Title 28, United States Code, Section 2461(c) and Title 21, United States Code, Section 853(p), Forfeiture, as charged in Count 8 of the Second Superseding Indictment.
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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 $600, which is due immediately.
It is ordered that the defendant shall pay to the United States a total fine of $10,000. Said fine shall be paid within 30 days of sentencing.
Pursuant to Title 18, United States Code, Section 3663A, IT IS ORDERED that the defendant shall pay restitution in the total amount of $1,313,634.10, to the United States Department of Health and Human Services, Department of MediCal, MediCaid Services. A partial payment of restitution of $10,000 is due immediately. IT IS ORDERED that the defendant shall pay monthly payments of $1,000.00. If any amount of restitution remains unpaid after the expiration of the period of probation, then such payments shall be made to the United States Attorney's Office through their court-ordered payment program.
The defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Vinod Chandrashekm Patwardhan, is hereby placed on probation on Counts 1 through 6 of the Second Superseding Indictment for a term of Five (5) years. Such term consists of Five (5) years on each of Counts 1 through 6 to be served concurrently 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;
During the period of community supervision the defendant shall pay the special assessment, restitution and fine in accordance with this judgment's orders pertaining to such payment;
The defendant shall not practice medicine, work or be employed in any position that requires licensing or certification by any local, state or federal agency unless he holds such certification for license without prior approval of the Probation Office.
The defendant shall participate for a period of Nine (9) months in a Home Detention Program, without electronic monitoring, and shall observe all rules of such program as directed by the Probation Officer.
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 outstanding court-ordered financial obligation;
The defendant shall perform 1000 hours of community service as directed by United States Probation Office during the term of probation.
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...