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United States v. Cazares

September 25, 2009

UNITED STATES OF AMERICA
v.
SILVIA CAZARES SOCIAL SECURITY NO. 5495 (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.

September 25, 2009

X WITH COUNSEL Thomas P. Sleisenger, CJA (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: Misprision of a Felony in violation of Title 18 U.S.C. §4.

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, 18 U.S.C. §3553(a) factors, and the Plea Agreement, it is the judgment of the Court that the defendant, Silvia Cazares, be placed on Probation for a period of five years, under the following terms and conditions: It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $400,000, pursuant to 18 U.S.C. §3663A.

The amount of restitution ordered shall be paid, as set forth by the Probation Officer, as follows:

Amount

Chubb Insurance $242,376 CarsDirect.com/Internet Brands Inc. $157,624 Restitution shall be paid in monthly installments of at least $25, during the period of probation. These payments shall begin 30 days after entry of this judgment. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or greater payment of the amount ordered.

The defendant shall be held jointly and severally liable with co-participant, Sean Nunez (Docket No. CR 08-706-VBF), for the total amount of restitution ordered in this judgment.

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.

The defendant is placed on home detention for the first six months of probation. Home detention is to commence at 12 noon, on October 8, 2009. The defendant is permitted is to leave her home for employment, search of employment, and to take care of family necessities;

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

During the period of probation the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;

The defendant shall not be employed in any capacity wherein she has custody, control or management of her employer's funds;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Defendant is permitted to work with her husband at Premier Auto, with express permission of the Probation Officer. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant; and The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected ...


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