The opinion of the court was delivered by: Honorable Terry J. Hatter, Jr. Senior U. S. District Court Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 19 2010
X WITH COUNSEL David Wiechert
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: Conspiracy to Commit Securities Fraud, Class D Felony, in violation of 18 U.S.C. § 371, as charged in Count One (1) of the Information; and Tax Evasion, Class D Felony, in violation of 26 U.S.C. § 7201, as charged in Count Two (2) 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: Twelve (12) months plus one (1) day on each of Count One (1) and Count Two (2) of the Information, to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately to the Clerk of the Court.
It is ordered that the defendant shall pay to the United States a total fine of $150,000, consisting of the following: Count One
(1), a fine of $75,000; Count Two (2), a fine of $75,000. The total fine shall bear interest as provided by law and shall be paid in full no later than 30 days from the date of this judgment.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term consists of 3 years on each of Counts 1 and 2, all such terms to run concurrently and under the following terms and conditions:
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;
The defendant shall reside for a period of six (6) months in a Community Corrections Center, as directed by the Probation Officer, and shall observe the rules of that facility;
The defendant shall participate for a period of six (6) months in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer;
During the period of community supervision the defendant shall pay the special assessment and the 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 conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order; 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 low risk of future substance abuse.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on July 19, 2010. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at: United States Courthouse Brien McMahon Federal Building 915 Lafayette Blvd.
Bridgeport, CT 06604 The Court informs the defendant of his right to appeal.
The Court recommends placement at FMC Devens in Massachusetts.
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 to this judgment:
10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted ...