JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. FEB. 22 2010
X WITH COUNSEL Mark S. Hardiman, Rtnd.
X 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: Health Care Fraud, Aiding and Abetting and Causing an Act to be Done in violation of 18 USC §§ 1347, 2 as charged in Counts 1 and 2; False Statements Related to Health Care Matters in violation of 18 USC § 1035 as charged in Counts 3 and 4 of the 4-Count First Superseding 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: 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 a term of:
Fifteen (15) months. This term consists of fifteen (15) months on Counts 1 through 4 of the 4-Count First Superseding Information, all such terms to be served concurrently.
IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $400, which is due immediately.
IT IS FURTHER ORDERED that defendant shall pay restitution forthwith in the total amount of $660,955.00 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
IT IS FURTHER ORDERED that the defendant shall be held jointly and severally liable with co-participant, Virgilio Opinion (Docket No. SA CR 05-182-AHS) for the amount of restitution 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.
IT IS FURTHER ORDERED that the defendant shall pay to the United States a total fine of $5,000, which shall bear interest as provided by law.
IT IS FURTHER ORDERED that the defendant shall comply with the general orders of this District and specifically with General Order No. 01-05 regarding
IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 through 4, all such terms to run concurrently under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318, 05-02 and 01-05;
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;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision, and defendant shall provide payment and proof of payment as directed by Probation;
During the period of community supervision the defendant shall pay the special assessment, fine, and restitution if not already paid, in accordance with this judgment;
The defendant shall not be employed as a physician or at a position within the medical field, or in medical billing, during the period of supervision without advanced written approval of the Probation Officer;
The defendant shall notify the medical licencing entities for the State of California, and any other appropriate medical licensing or regulatory agency, of his conviction, and provide proof of such to the Probation Officer within 30 days of sentencing;
The defendant shall cooperate with and furnish financial information and statements to the Internal Revenue Service to determine all taxes due and owing, including interest and penalties, and shall file any past tax returns in a timely manner. The defendant shall pay in full any outstanding tax liability once assessed, including interest and penalties, or enter into an installment plan with the Collection Division of the Internal Revenue Service. This provision shall not interfere with the existing settlement/agreement between defendant and the Internal Revenue Service.
The defendant shall apply monies in excess of $500 received from income tax refunds to the outstanding Court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected ...