JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: December 14, 2009
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Elon Berk, retained _XX_PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY FINDING:
There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to commit health care fraud in violation of Title 18 USC 1349 as charged in count 1 of the indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
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 defendant is committed to the custody of the Bureau of Prisons to be imprisoned for a term oft
IT IS FURTHER ADJUDGED that defendant shall be placed on supervised release for a term of three (3) years under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) shall during the period of community supervision pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 3) shall, when not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, perform 20 hours of community service per week as directed by the Probation Officer; 4) shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer; 5) shall cooperate in the collection of a DNA sample from the defendant; 6) shall, as directed by the Probation Officer, apply monies received from income tax refunds greater than $500.00, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that the defendant pay restitution in the amount of $448,659.00 pursuant to 18 USC 3663A, to the victim: Centers for Medicare and Medicaid Services. A partial payment of $25,000.00 shall be paid within 60 days of sentencing, the balance shall be due during the period of imprisonment, at the rate of not less than $100.00 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 $300.00 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Pursuant to 18 USC 3612(f)(3)(A), interest on the restitution is waived. Payments may be subject to penalties for default and delinquency pursuant to 18 USC 3612(g).
IT IS FURTHER ORDERED that all remaining counts are dismissed. The defendant shall comply with General Order No. 01-05.
The defendant is advised of her right to appeal.
IT IS FURTHER ORDERED that execution of sentence is stayed until January 25, 2010 at 12 noon, by which date and time the defendant shall self-surrender to the facility designated for her imprisonment or to the U.S. Marshal located at the Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012.
IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon her self-surrender on ...