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United States v. Yosef

January 15, 2010

UNITED STATES OF AMERICA
v.
9. YESHIVA IMREI YOSEF SOCIAL SECURITY NO. NOT APPLICABLE



The opinion of the court was delivered by: John F. Walter, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared through its authorized representative, Gary S. Lincenberg on this date.

January 15, 2010

x WITH COUNSEL Gary Lincenberg, Retained; Benjamin N. Gluck, Retained

(Name of Counsel)

x GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding of x GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 U.S.C. § 371 as charged in the Single-Count Fourth Superseding Information filed on August 5, 2009.

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, Yeshiva Imrei Yosef, is hereby placed on probation on the Single-Count Superseding Information for a term of three years 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;

During the period of community supervision the defendant shall pay the special assessment and the fine in accordance with this judgment's orders pertaining to such payment;

Within thirty days of sentencing, the defendant organization shall designate an official of the organization to act as the organization's representative and to be the primary contact with the probation officer;

The defendant organization shall notify the Court, through the Probation Office, of any material change in the organization's economic circumstances that might affect the organization's ability to pay the special assessment or fine; and

During the period of probation, the defendant organization shall comply with the provisions of paragraph 11 of the CASE DISPOSITION AGREEMENT WITH DEFENDANTS MACHNE SVA ROTZOHN, YESHIVA SPINKA, CENTRAL RABBINICAL SEMINARY MESIVTA IMREI YOSEF, AND ASSOCIATED SPINKA ORGANIZATIONS executed on August 3, 2009, and during such time shall: (a) prepare semi-annual reports manifesting such compliance and deliver said reports to the United States Attorney's Office; (b) comply will all laws, including tax laws, of the United States, and to not knowingly assist Spinka contributors in claiming false tax deductions; and (c) employ the services of an independent monitor. The independent monitor shall be Roger M. Olson. The defendant organization shall not substitute anyone else as monitor during the term of probation without prior written approval of the United States Attorney's Office, which shall not be unreasonably withheld. The defendant organization may request to be relieved of the obligation to employ the services of the independent monitor after a period of one year.

It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.

It is ordered that the defendant shall pay a fine of $1,500,000 reduced by $677,315.15 for a total fine of $822, 684.85. The fine shall be paid in quarterly installments during the period of probation. These payments shall begin 30 days

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the fine is waived as it is found that 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. §

The defendant shall comply with General ...


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