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United States v. Bourseau

March 2, 2010

UNITED STATES OF AMERICA
v.
ROBERT BOURSEAU SOCIAL SECURITY NO. 7893 BOB BOURSEAU; ROBERT IRVING BOURSEAU



The opinion of the court was delivered by: George H. King, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date.

FEBRUARY 22, 2010

X WITH COUNSEL DANA COLE, 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: Payment of Kickbacks for Patient Referrals; Causing an Act to be Done in violation of Title 42 U.S.C. § 1320a-7b (b)(2)(A); Title 18 U.S.C. § 2(b) as charged in Counts 6 and 7 of the Indictment.

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:

It is ordered that the defendant shall pay to the United States a special assessment of $200 , which is

It is ordered that the defendant shall pay restitution in the total amount of $4,108,779 pursuant to 18 3663.

The amount of restitution ordered shall be paid as set forth in the confidential victim list attached to the Pre-Sentence Report.

If the defendant makes a partial payment, each payee shall receive approximately proportional

Restitution 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 remains unpaid after release from custody, nominal monthly payments of at least $100 shall be made during the period of supervision. These payments shall being 30 days after the commencement of supervision.

§ 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 18 U.S.C. § 3612(g).

The defendant shall be held jointly and severally liable with co-participants Dante Nicholson, Rudra Sabaratnam 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.

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

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Robert Bourseau, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a 37 months. This term consists of 37 on Counts 6 and 7 of the Indictment, to be served

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of Three (3) years. This term consists of three years on Counts 1 and 2 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;

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 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 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.

Upon Government's motion, all remaining counts of the indictment, are ordered dismissed.

Defendant informed of his limited right to appeal pursuant to waiver on file.

IT IS RECOMMENDED that defendant be designated to the Federal Correctional Institute ( FCI) at Terminal Island, California.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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