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United States v. Babajian

February 24, 2010

UNITED STATES OF AMERICA
v.
JOSEPH ARAM BABAJIAN SOCIAL SECURITY NO. 6752 (LAST 4 DIGITS)



JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person 02 24 2010

X WITH COUNSEL Thomas A. Mesereau, Jr., and Susan C. Yu - 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/verdict of

X GUILTY, defendant has been convicted as charged of the offense(s) of:

12 U.S.C. § 2607: Prohibition Against Unearned Fees in Real Estate Transactions as charged in the Single Count First Superseding Information.

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: 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:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Joseph Aram Babajian, is hereby placed on probation on the Single Count First Superseding Information for a term of one year 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, restitution, and fine in accordance with this judgment's orders pertaining to such payment; and

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 financial gains to the outstanding court-ordered financial obligation.

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.

FINE:

It is ordered that the defendant shall pay restitution pursuant to 18 U.S.C. § 3663 (A). Defendant shall pay restitution in the total amount of $35,585 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.

Restitution shall be paid within 30 days of sentencing.

It is ordered that the defendant shall pay to the United States a total fine of $15,248.25, which shall bear interest as provided by law.

The fine shall be paid in full within 30 days of sentencing.

The defendant shall comply with General Order No. 01-05.

SPECIAL ASSESSMENT: It is further ordered defendant shall pay to the United States a special assessment fee of $25, which is due ...


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