The opinion of the court was delivered by: George H. King, 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. 11/16/2009
Y WITH COUNSEL MICHAEL LIPMAN/BARBARA MURRAY, RETAINED
Y GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding of Y GUILTY, defendant has been convicted as charged of the offense(s) of: CONSPIRACY; in Violation of TITLE 18 U.S.C. § 371, as charged in the Single-Count Information 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 $100, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $1,853,282 pursuant to 18 U.S.C. § 3663A. The amount of restitution shall be paid to the victim in the confidential presentence report. 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 restitution remains unpaid after release from custody, monthly installments of at least $500, which shall be adjusted to be consistent with his ability to pay during the period of supervised release and shall being 30 days after the commencement of supervision. The defendant shall be held jointly and severally liable with co-participant, Jack E. Garrett (Docket No. CR 08-492-GHK), for the amount of $357,906 in restitution ordered in this judgment. The defendant shall receive credit for any payments made by the taxpayers whose taxes were avoided due to defendant's actions. 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for twenty-four (24) months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years under the following
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer. The Probation Officer shall disclose the presentence report and/or any previous mental health evaluations or reports to the treatment provider;
As directed by the Probation Officer, to the extent that the defendant is able, the defendant shall pay all or part of the costs of treating the defendant's mental health to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment 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 cooperate in the collection of a DNA sample from the defendant.
that the defendant shall surrender himself to the facility designated by the Bureau of Prisons on or before 12 January 11, 2010. In the absence of such designation, the defendant shall surrender on the same date and time to the U. S. Marshal Office, located at 312 N. Spring St., Los Angeles, CA 90012.
that the defendant be designated to the facility in Taft.
xonerated upon surrender.
Defendant waives his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
TERRY NAFISI, CLERK OF COURT
Beatrice Herrera, Courtroom Deputy Clerk
The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, ...