JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 09 09
U WITH COUNSEL Mark J. Werksman, Retained
U 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 U GUILTY, defendant has been convicted as charged of the offense(s) of:
18 U.S.C. § 371: CONSPIRACY; 18 U.S.C. § 1341, 2: MAIL FRAUD; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE; 18 U.S.C. § 1343, 2: WIRE FRAUD; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE; 18 U.S.C. § 1956(a)(1)(A)(i), 2: PROMOTIONAL MONEY LAUNDERING; 18 U.S.C. § 1957(A), 2: MONETARY TRANSACTIONS IN PROPERTY DERIVED FROM ILLEGAL ACTIVITY as charged in the Indictment.
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, 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: Eight-Seven (87) Months.
It is ordered that the defendant shall pay to the United States a special assessment of $1,500, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $3,057,978.00 pursuant to 18 U.S.C. § 2327.
Defendant shall pay restitution in the total amount of $3,057.978.00 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.
The amount of restitution ordered shall be paid as follows:
Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per 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 $100 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.
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.
The defendant shall be held jointly and severally liable with co-participant Thomas Regan Woods (Docket No. CR- 07-00132) for restitution in the amount of $906,292.71, with co-participant Michael Borodzicz (Docket No. CR-07-00132) for restitution in the amount of $1,943,919.71, and with co-participant Mark D. Scott (Docket No. CR-07-00132) for restitution in the amount of $2,166,946.23.
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.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Richard Anthony Bivona, is hereby committed on Counts One, Two, Three, Four, Five, Six, Seven, Nine, 16, 17, 18, 21, 32, 42, and 48 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 87 months. This term consists of 60 months on Count One, and 87 months on each of Counts Two, Three, Four, Five, Six, Seven, Nine, 16, 17, 18, 21, 32, 42, and 48 of the Indictment, all to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions. This term consists of three years on each of Counts One, Two, Three, Four, Five, Six, Seven, Nine, 16, 17, 18, 21, 32, 42, and 48, all such terms to run concurrently.
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. The defendant shall comply with General Order No. 01-05;
3. 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;
4. 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 abusing ...