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United States v. Hotelsab Downtown Employees LLC

April 12, 2010

UNITED STATES OF AMERICA
v.
HOTELSAB DOWNTOWN EMPLOYEES LLC SOCIAL SECURITY NO. N O N E ANDRE BALAZS PROPERTIES; STANDARD HOTELS (LAST 4 DIGITS)



The opinion of the court was delivered by: George H. Wu, 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. 04 05 2010

X WITH COUNSEL Matthew Umhofer, 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 GUILTY, defendant has been convicted as charged of the offense(s) of: Negligent Discharge of Pollutants into Waters of the United States pursuant to 33 U.S.C. §§1311(a), 1319(c)(1)(A) as charged in Count One (1) of the 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:

The Court imposes no period of incarceration.

It is the judgment of the Court that defendant, Hotelsab Downtown Employees LLC, is hereby ordered on Count One of the Information to the Defendant shall pay a fine of $200,000 as to the count of conviction. The fine shall be paid by a cashier's check (or equivalent) payable to the Clerk of the United States District Court immediately upon sentencing;

Defendant shall pay $150,000 for use in community service to be paid within twelve (12) months pursuant to the instructions to be provided by the USAO;

Defendant shall pay to the Clerk of the United States District Court on the date of sentencing (or as soon as the Court is able to accept payment) the mandatory special assessment of $125 pursuant to 18 U.S.C. §3013(a)(1)(B)(iii);

Defendant shall pay restitution in the total amount of $20,283.56 to victims as set forth in a separate victim list prepared by the USAO which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list shall remain confidential to protect the privacy interests of the victims. Such restitution shall be made by certified check or equivalent and delivered to the USAO. Defendant further agrees that defendant will not seek the discharge of any restitution obligation, in whole or in part, in any present or future bankruptcy proceeding.

All remaining counts are dismissed.

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 supervision period.

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

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant ...


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