The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 01 2010
W WITH COUNSEL SEYMOUR I. AMSTER, Retained
W 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 W 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 Count One of the First Superseding Indictment; Bank Fraud in Violation of Title 18 U.S.C.§ 1344(1), Aiding and Abetting and Causing an Act to Be Done, as charged in Count Two of the First Superseding Indictment; Subscribing to False Income Tax Return in Violation of Title 26 U.S.C.§7206(1), as charged in Counts Four and Five of the First Superseding Indictment.
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:
The defendant shall pay to the United States a special assessment of $400, which is due immediately.
Pursuant to U.S.S.G. § 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.
Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $29,749,239 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.
A partial payment of $50,000 shall be paid immediately. The balance 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 ordered 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, victim R. Hernandez should receive the initial payments until he has received full restitution for his loss. Following those payments, each additional payee (HUD and the IRS) shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
The amount of restitution ordered shall be paid as set forth on the list attached to this judgment and commitment order.
The defendant, John Richard Varner, shall be held jointly and severally liable with co-defendants Richard Elroy Giddens, Katherine Ann Kilmer, Ricardo Bonilla and Abraham Julian Rezex as listed in Docket No. CR- 07-00028-VAP; Leonardo Acosta as listed in Docket No. EDCR05-00036VAP; Stephen W. Kirkwood as listed in Docket No. EDCR06-00056VAP; and, Raul Roque Robles as listed in Docket No. EDCR07-00036VAP, for the amount of restitution ordered in this judgment. As to defendant Abraham Julian Rezex, any payments made prior to his death shall be applied to the restitution amount ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.
Pursuant to Title 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 Title 18 U.S.C. § 3612(g).
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, John Richard Varner, is hereby committed on Counts One, Two, Four, and Five of the First Superseding Indictment to the custody of the Bureau of Prisons for a term of 156 months. This term consists of 60 months on Count One of the First Superseding Indictment; 156 months on Count Two of the First Superseding Indictment; and 36 months on Counts Four and Five of the First Superseding Indictment, all such terms to be served
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of three years on Count One of the First Superseding Indictment; five years on Count Two of the First Superseding Indictment; and one year on each of Counts Four and Five of the First Superseding ...