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United States v. Espinoza

April 20, 2010

UNITED STATES OF AMERICA
v.
LORENZO ESPINOZA SOCIAL SECURITY NO. 4903 ESPINOZA, LORENZO (LAST 4 DIGITS)



The opinion of the court was delivered by: Stephen V. Wilson, 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 James Duff, 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: CONSPIRACY in violation of 18 U.S.C. § 371 as charged in Count 1; WILLFUL FAILURE TO PAY TAX in violation of 26 U.S.C. § 7203 as charged in Count 2; CONCEALMENT OF ASSETS IN BANKRUPTCY PROCEEDING in violation of 18 U.S.C. 152(1) as charged in Count 3; FALSE OATHS AND CLAIMS IN BANKRUPTCY PROCEEDINGS in violation of 18 U.S.C. § 152 (2) as charged in Count 4; MONEY LAUNDERING; CAUSING AN ACT TO BE DONE in violation of 18 U.S.C §§ 1957 ,2 (b) as charged in Count 5 of the First Superseding 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:

SIXTY (60) MONTHS

This term consists of 60 months on each of Counts 1 and 3-5 and 12 months on Count 2 of the First Superseding Indictment, all to be served concurrently.

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 3-5 and 1 year on Count 2 of the First Superseding Indictment, all such terms to run concurrently and under 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 engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers 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; and

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. Additionally, the defendant shall cooperate with the IRS in the determination and collection of all back taxes owed, including penalties and interests as applicable.

It is ordered that the defendant shall pay to the United States a special assessment of $425.00, which is due immediately.

Defendant shall pay restitution in the total amount of $614,919.00 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, and shall begin 90 days after the date of sentencing, at the rate of not less than $3000.00 per month, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least $3000.00 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Restitution payments may be adjusted by the United States Probation Office depending on the defendant's economic circumstances.

All remaining counts are dismissed.

It is further ordered that the defendant surrender himself/herself to the institution designated by the Bureau of Prisons on or before 12 noon, June 4, 2010. In the absence of such designation, the defendant shall report on or before the ...


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