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United States v. Grasso

February 25, 2010

UNITED STATES OF AMERICA
v.
KYLE JOHN GRASSO SOCIAL SECURITY NO. 9 7 3 0 (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 25 2010

X WITH COUNSEL Richard M Callahan, Jr., Panel

(Name of Counsel)

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

NOLO CONTENDERE X NOT GUILTY

There being a finding/verdict of

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

18:371 CONSPIRACY (Count 1) 18:1344(1), 2 BANK FRAUD; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (Count 2) 18:1014, 2 LOAN FRAUD; AIDING AND ABEWTTING AND CAUSING AN ACT TO BE DONE (Count 3) 18:1014, 2 LOAN FRAUD; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (Count 4) 18:1014, 2 LOAN FRAUD; AIDING AND ABEWTTING AND CAUSING AN ACT TO BE DONE (Counts 5-7) 18:1014, 2 LOAN FRAUD; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (Counts 9-11) 18:1014, 2 LOAN FRAUD; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (Count 16) 18:1014, 2 LOAN FRAUD; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (Counts 18-19) 18:1014, 2 LOAN FRAUD; AIDING AND ABEWTTING AND CAUSING AN ACT TO BE DONE (Counts 25-27) 18:1956(A)(1), 2 MONEY LAUNDERING; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (Counts 31-33) as charged in 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: 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:

Kyle John Grasso, is hereby committed on Counts 1 to 7, 9 to 11, 16, 18, 19, 25 to 27, and 31 to 33 of the Indictment to the custody of the Bureau of Prisons for a term of 12 months and 1 day. This term consists of 12 months and 1 day on Counts 1 to 7, 9 to 11, 16, 18, 19, 25 to 27, and 31 to 33, all such terms to be served concurrently.

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 1 and five years on each of Counts 2 to 7, 9 to 11, 16, 18, 19, 25 to 27, and 31 to 33 of the Indictment, 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 Order 318;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's mental health to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

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;

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

The defendant shall not engage, as whole or partial owner, employee or otherwise, operate, control, serve on the board or government entity, or in any way professionally associate with in any business involving mortgage lending, mortgage brokering, mortgage banking, real estate purchases or sales, or real estate appraisals, without the express approval of the Probation Officer prior to engagement in such employment;

The defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, controlled, or operated, in whole or in part, by the defendant, as directed by the Probation Officer;

The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant; 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 Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge.

The Court authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services), for the purpose of the

The court finds that the property specified in the preliminary order of forfeiture has been determined to be subject to forfeiture. The preliminary order of forfeiture is incorporated by reference into this judgment and is final.

It is ordered that the defendant shall pay restitution pursuant to 18 U.S.C. ยง 3663 (A). Defendant shall pay restitution in the total amount of $13,070,148 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 ...


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