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United States v. Foliente

October 26, 2009

UNITED STATES OF AMERICA
v.
ESTHER LAPENA FOLIENTE SOCIAL SECURITY NO. 6 7 6 8 ESTHER LUCENA FOLIENTE; ESTHER LAPENA (LAST 4 DIGITS)



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. 10 19 2009

W WITH COUNSEL Catherine Lombardo, Retained

(Name of 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: False

Statement in Violation of 18 U.S.C. § as charged in the First 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 $100, which is due immediately.

Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.

Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $146,720, 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 the 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 victim.

A partial payment of at least $10,000 shall be paid within 90 days of the date of sentence. Restitution shall be due during the period of probation, at the rate of not less than $250 monthly, as directed by U.S. Probation and the U.S. Attorney's Office. If any amount of the restitution remains unpaid after the period of probation, then further payments shall be made as directed by the U.S. Attorney's Office.

The defendant shall be held jointly and severally liable with any convicted co-participant 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.

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.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Esther Lapena Foliente, is hereby placed on Probation on Count 8 of the First Superseding Indictment for a term of three years under the following terms and conditions:

The defendant shall reside for a period of six months in a community corrections center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility;

The defendant shall participate for a period of six months in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $4.60 for each day of participation in the electronic monitoring program. The defendant shall provide payment and proof of payment as directed by the Probation Officer

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

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment/placement of probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

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

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving the provision of medical treatment, services or equipment that is paid for or reimbursed by Medicare without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide Probation Officer with access to any and all business records, client lists and other records pertaining to the of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer; and

The defendant shall apply monies received in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is ordered that the defendant shall report to the U.S. Probation Office, located at 3470 Twelfth Street, Plaza Level, Riverside, CA 92501, not later than close of business, ...


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