The opinion of the court was delivered by: Margaret M. Morrow 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. 08 13 2009
X WITH COUNSEL KIANA SLOAN-HILLIER, RTN
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 GUILTY, defendant has been convicted as charged of the offense(s) of:
Count 1: Aid and Abet Mail Fraud (18 U.S.C. §§1341, 2; 18 U.S.C. §1341). Class C Felony Count 2: Subscribing to a False Tax Return (26 U.S.C. §7206(1), 26 U.S.C. §7206, 18 U.S.C. §3571(b)(3)). Class E Felony.
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:
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $17,332,971.14 pursuant to 18 U.S.C. §3663A.
in the total amount $17,332,971.14 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 each 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 victims.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
A partial payment of 6 million plus any interest that has accrued in the court's account shall be paid immediately. The balance shall be due during the period of imprisonment, at the rate of not less than $25 pr quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $4,000 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
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).
Defendant shall comply with General Order No. 01-05.
All fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Steven Kent Austin, is hereby committed on counts one and two of the indictment to the custody of the Bureau of Prisons for a term of 36 months. This term consists of 36 months on count one and 36 months on count two, all such terms to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on count one and one year on count two, 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 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 and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, ...