JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 04 12 2010
X WITH COUNSEL Kenneth M. Miller, Panel
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 GUILTY, defendant has been convicted as charged of the offense(s) of:
18 U.S.C. §371: CONSPIRACY, AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (COUNT 1); 18 U.S.C. §1343: WIRE FRAUD, AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE (COUNT 2) AS CHARGED IN THE 2 COUNT INFORMATION.
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:
18 months on the 2 Count Information. This term consists of 18 months on each of Counts 1 and 2, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of Counts 1 and 2, to be served concurrently under the following terms
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
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; The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in an approved residential drug treatment and counseling program approved by the U. S. Probation Office, that includes urinalysis, saliva and/or sweat patch testing for treatment of narcotic addiction or drug dependency, until discharged by the Program Director;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency 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;
During the period of community supervision the defendant shall pay the special assessment and any restitution in accordance with this judgment's orders pertaining to such payment;
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 Without the prior written approval of the Probation Officer, the defendant shall not work in mortgage lending, mortgage brokering, mortgage banking, real estate development, real estate purchases or sales, real estate appraisals, or in any other field related to any of the foregoing fields; Without the prior written approval of the Probation Officer, the defendant shall not work at, become employed by, operate, control, serve on the board or governing entity of, or in any way professionally associate with any mortgage lending companies, mortgage brokering companies, mortgage banking companies, real estate development companies, real estate brokerages or agencies, real estate appraisal companies, financial institutions, or banks of any kind;
Without the prior written approval of the Probation Officer, the defendant shall not work as, apply to become, or hold himself out as a notary public, nor shall defendant notarize or attempt to notarize any document in any manner or for any purpose; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay restitution pursuant to 18 U.S.C. § 3663 (A). Defendant shall pay restitution in the total amount of $42,676,269.14 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 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 $300 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court ...