The opinion of the court was delivered by: John F. Walter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
x WITH COUNSEL 2. Paul C. Horgan, CJA (Name of Counsel)
x GUILTY, and the court being satisfied that there is a factual basis for the plea.
There being a finding of x GUILTY, defendant has been convicted as charged of the offense(s) of: Wire Fraud and Aiding and Abetting and Causing an Act to Be Done in violation of 18 U.S.C. §§ 1343, 2 [counts 1-4]; and Money Laundering and Aiding and Abetting and Causing an Act to Be Done in violation of 18 U.S.C. §§ 1957, 2 [counts 8-11] as charged in the Fourteen-Count Second Superseding Indictment filed on September 9, 2009.
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, Terral Toole, is hereby committed on Counts 1, 2, 3, 4, 8, 9, 10 and 11 of the 14 Count Second Superseding Indictment to the custody of the Bureau of Prisons for a term of 85 months. This term consists of 85 months on each of Counts 1, 2, 3, 4, 8, 9, 10 and 11 of the Second Superseding Indictment, to be served concurrently.
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, 2, 3, 4 and Counts 8, 9, 10 and 11, all such terms to run concurrently subject to 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 not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation;
The defendant shall not obtain or possess any access device, mail, utility bills, account statements, driver's license, Social Security number, birth certificate, passport or any form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;
The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business or enterprise involving loans of any type, real estate purchases or sales, or investment programs without the express approval of the Probation Officer prior to engagement in such employment. Further, 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, in whole or in part, by the defendant, as directed by the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
It is ordered that the defendant shall pay to the United States a special assessment of $800, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $291,055.00 pursuant to 18 U.S.C. § 3663.
Restitution shall be paid according to the confidential victim list prepared by the probation office. The victims list, which shall be forwarded from the Probation Office to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.
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 supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ...