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United States v. Ngai

April 29, 2010

UNITED STATES OF AMERICA
v.
DANIEL HOWAI NGAI SOCIAL SECURITY NO. 4233 (LAST 4 DIGITS)



The opinion of the court was delivered by: James V. Selna 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.

April 26, 2010

WITH COUNSEL Robert Hartmann, 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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Bank Fraud and Causing an Act to be Done violation of Title 18 U.S.C. 1344 and 2(b) as charged in the Single Count Information.

The Court asked whether defendant had anything to say 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 placed committed to the custody of the Bureau of Prisons to be imprisoned for a term of: One (1) day, with credit for time served.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $316,822.68 pursuant to 18 U.S.C. § 3663A. Defendant shall pay restitution in the amount ordered 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 paid in nominal monthly payments of at least $100.00 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 finds that the defendant's economic circumstances do not allow for either immediate or future payment of

If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

The defendant shall be held jointly and severally liable with co-participants, Heng Ung (Docket No. SACR07-197), Bin Hak Lee (Docket No. SACR07-169), Timothy Wing Chan (Docket No. SACR07-181), Patty Pham (Docket No. SACR07-218), Audri Nakamura (Docket No. SACR07-216), Mark Lee (Docket No. SACR07-190), Crystal Wakabayashi (Docket No. SACR07-179), Viet Tuan Tran (Docket No. SACR07-177), Robin Homan Ngai (Docket No. SACR07-176), Michael Ross Strong (Docket No. SACR07-178), Shirley Hsu (Docket No. SACR07-199), Gena Hamamoto (Docket No. SACR07-193), Nicholaus Yee (Docket No. SACR07-196), Jonathan Nguyen (Docket No. SACR07-219), and Meggie Tran (Docket No. SACR07-195) for the amount of restitution ordered in this judgment.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §

The defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

Upon release from imprisonment the defendant shall be placed on supervised release for a term of three (3) years 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 supervised release, the defendant shall serve a term of six (6) months home detention. The defendant shall pay the costs of electronic monitoring up to $12.00 per day;

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; and The defendant shall cooperate ...


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