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United States v. Zerna

March 9, 2010

UNITED STATES OF AMERICA
v.
NESTOR ZERNA SOCIAL SECURITY NO. 6806 NESTOR G. ZERNA (LAST 4 DIGITS)



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank 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.

March 4, 2010

X WITH COUNSEL Peter J. Shakow, 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: Illegal Remunerations in violation of 42 U.S.C. §1320a-7b(b)(2)(A) .

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, Nestor Zerna, is hereby sentenced on Counts 1, 2, 3, 4 and 5 of the 5-Count Information to a period of Probation for 3 years, with the first 2 months on Home Detention. This term consists of three years on each of Counts 1, 2, 3, 4 and 5 of the Information, all such terms to run concurrently under the following terms and conditions

It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $186,433 pursuant to 18 U.S.C. § 3663A. The restitution amount shall be paid in monthly payments. Payments shall begin with 60 days from the date of this judgment, and shall be in the amount of $200 per month. The amount may be re-evaluated the by the Probation Officer, when deemed necessary.

The amount of restitution ordered shall be paid as follows:

Amount

Medicare $186,433 The defendant shall be held jointly and severally liable with co-participant Fernando Magallanes (Docket no. 07-00677-VBF) for the amount of restitution ordered in this judgment.

The defendant shall also be held jointly and severally liable with co-participants Lualhati Colgrove, Albert Ulit and Merlinda Soreno (Docket No. 07-00389-VBF) for the amount of restitution ordered in this judgment.

Pursuant to 18 U.S.C. § 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. §

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution without unduly burdening his dependents.

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 ...


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