JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 08 2010
X WITH COUNSEL Thomas H. Bienert, Jr., Rtd, Kenneth M. Miller, Rtd., Ariana Seldman Hawbecker, Rtd.
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 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 Count 1 of the Indictment, Economic Espionage in violation of 18 U.S.C. § 1831(a)(1), (3) as charged in Counts 2-7 of the Indictment, Acting As An Agent Of Foreign Government Without Prior Notification To Attorney General in violation of 18 U.S.C. § 951 as charged in Count 10 of the Indictment and False Statements in violation of 18 U.S.C. § 1001 as charged in Count 14 of the Indictment.
The Court asked whether there was any reason 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:
The defendant shall pay to the United States a special assessment of $900, which is due immediately.
All fines are waived as the Court finds it would result in an undue hardship on Mr. Chung's dependents and would be unduly punitive in light of the significant prison sentence.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Dongfan "Greg" Chung, is hereby committed on Counts 1-7, 10, and 14 of the 15-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 188 months. This term consists of 60 months on Count 1, 180 months on each of Counts 2-7, 120 months on Count 10, all to be served concurrently, and 8 months on Count 14, to be served consecutively to all other counts.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of Counts 1-7, 10, and 14, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. The defendant shall cooperate in the collection of a DNA sample from his person;
3. During the period of community supervision, the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment; and
4. The defendant shall not be employed in any capacity wherein he has access to his employer's trade secret or proprietary information, or access to any classified, restricted, or otherwise sensitive military or defense-related information that concerns or impacts a security or foreign policy interest of the United States. Furthermore, the defendant shall not be employed in any position that requires a security clearance, licensing, or certification by an local, state or federal agency without prior approval of the Probation Officer.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
The Court recommends that the defendant be housed in a Southern California institution to facilitate visitation with family, friends and loved ones. *The Court further recommends that the Bureau of Prisons conduct a medical evaluation of ...