The opinion of the court was delivered by: Ronald S. W. Lew, Senior, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 02 2009
X WITH COUNSEL Jerry Kaplan, Retained
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:
Count One of the First Superseding Indictment: 18 USC 371, Conspiracy Count Fourteen of the First Superseding Indictment: 18 USC 1343, 2, Wire Fraud, Aiding and Abetting and Causing an Act to be Done
The Court asked whether there was any reason 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, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
SIX (6) MONTHS. This term consists of six (6) months on each of Counts 1 and 14 of the First Superseding Indictment, to be served concurrently.
IT IS ORDERED that the defendant shall pay to the United States a special assessment of $200.00, which is due immediately.
IT IS ORDERED that the defendant shall pay restitution in the total amount of $2,519,025 pursuant to 18 USC 3663A.
The amount of restitution ordered shall be paid as follows:
Amount Department of Housing and $2,519,025 Urban Development FAN Collections U.S. Department of HUD P.O. Box 277303 Atlanta, GA 30384-7303
Restitution shall be due during the period of imprisonment, as directed by the Court or the United States Attorney, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, additional monthly payments of at least $1,000 shall be made during the period of supervised release. These payments shall begin 150 days after the commencement of supervision.
Pursuant to 18 USC 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 USC 3612(g).
The defendant shall be held jointly and severally liable with co-participants for the amount of restitution ordered in this judgment.
The defendant shall comply with General Order No. 01-05.
Pursuant to Section 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 in addition to restitution.
This term consists of 6 months on each of Counts 1 and 14 of the FSI, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3
This term consists of 3 years on each of Counts 1 and 14, all such terms to run concurrently under the ...