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United States v. McCarthy

March 23, 2010

UNITED STATES OF AMERICA
v.
JOHN MCCARTHY SOCIAL SECURITY NO. 6 7 8 5 JOHN JOSEPH MCCARTHY; JOHN JOSEPH MCCARTHY, JR. (LAST 4 DIGITS)



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank United States 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 22 2010

X WITH COUNSEL Steven Tosher, Retained

(Name of Counsel)

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

NOLO CONTENDERE X

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Willful Failure to File Report of Foreign Bank and Financial Accounts in violation of 31 U.S.C. §§5314 and 5322(a); 31C.F.R. §103.24 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, John McCarthy, is hereby placed on Probation on the Single-Count Information for a term of three (3) years under the following terms and conditions:

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay to the United States a total fine of $25,000, which shall bear interest as provided by law. The fine shall be paid in full within seven days of sentencing.

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

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 fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall truthfully and timely file and pay taxes owed for the years of 2003, 2004, 2005, 2006, 2007, and 200; and shall truthfully and timely file and pay taxes during the period of probation. Further, the defendant shall show proof to the Probation Officer of compliance with this order;

The defendant shall perform 300 hours of community service as directed by the probation officer and the court here strongly recommends that Mr. McCarthy perform community service with The Venice Community Housing Corporation for reasons made clear in the defendant's sentencing position papers;

The defendant Mr. McCarthy shall serve six months of his probationary period in home detention. During the six-month period of home detention is permitted to pursue employment, fulfill his community service, attend educational, charitable, and religious functions and events. To attend any medical appointments for himself and family members, including his mother, father, sister, and brother. To engage in necessary activities such as grocery shopping, etc., as directed and approved by the Probation Officer;

The Court order that during the period of probation, Mr. McCarthy shall be subject to intensive financial supervision, including maintaining and producing copies of all his financial information and records including information of his business operations for the period of probation, upon the request of the probation officer; and he shall not maintain any foreign bank accounts;

Mr. McCarthy shall be allowed to travel to Las Vegas to visit his father, with the Probation Officer's advanced knowledge and permission; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...


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