JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 26 2010
X WITH COUNSEL Steven Heath, Retained/Thomas Brown, Retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Mail Fraud in violation of 18 USC 1341, as charged in Counts One and Two of 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 on Counts One and Two of the Two-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of: FIFTEEN (15) MONTHS. . This term consists of fifteen (15) months on each of Counts One and Two of the Information, to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $200.00, which is
It is ordered that the defendant shall pay to the United States a total fine of $77,000.00, consisting of the following: Count One, a fine of $39,000.00; and Count Two, a fine of $38,000.00. The total fine shall bear interest as provided by law.
The fine shall be paid in full immediately.
The defendant shall comply with General Order No. 01-05.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two (2) years. This term consists of two (2) years on each of Counts One and Two of the Information, all such terms to run concurrently 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;
The defendant shall participate for a period of twelve (12) months in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring program. 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 fine in accordance with this judgment's orders pertaining to such payment;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall apply monies in excess of $500.00 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;
The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds;
The defendant shall not engage as an employee, consultant, or otherwise, in any position where his duties include authorizing payments, invoices, or contracts with vendors or other service providers to the employer, without the prior express approval of the Probation Officer; and 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.
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, 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 the ...