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United States v. Goldberg

May 5, 2010

UNITED STATES OF AMERICA
v.
MICHAEL GOLDBERG SOCIAL SECURITY NO. 2 1 4 5 (TRUE); MICHAEL GOLBERG; MICHAEL HARRIS GOLDBERG; MICHAEL HARRIS; CHRIS KOZUM; MICHAEL KOZUN; MICHAEL KOZAN-GOLDBERG; CHRIS KOZUN; MICHAEL KOZUN; CHRIS YUBE 2175 (LAST 4 DIGITS)



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.

05/03/2010

X WITH COUNSEL DFPD Nadine Hettle

(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:

Wire Fraud; Aiding and Abetting, in violation of Title 18 U.S.C. § 1343, as charged in Count s 1, 3, and 6 of the Seven-Count Indictment.

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:

33 months on each of Counts 1, 3 and 6, to be served concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due defendant shall pay restitution in the total amount of $15,447.52 pursuant to 18 U.S.C. § 3663A. 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, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $100 shall be made 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 the amount

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.

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. § 3612(g).

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

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three

. This term consists of five years on each of Counts 1, 3 and 6 of the 7-Count Indictment, 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;

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 obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;

The defendant shall not engage, as whole or partial owner, or in any other form of self-employment in any business 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;

The defendant shall apply monies in excess of $500 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 send a letter to Sallie Mae stating he will assume responsibility for Sallie Mae Account No. 9007822283-1opened under the name of Nahia Ayoub, remain liable for that loan, and provide proof of payments concerning same to the Probation Officer and Nahia Ayoub; 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.

The defendant is advised of the right to appeal.

On Government's motion, all remaining counts ordered dismissed.

The Court recommends that the defendant be designated to a Southern California ...


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