The opinion of the court was delivered by: Andrew J. Guilford U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 05 26 2010
X WITH COUNSEL Michael Evans, Retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Health Care Fraud, Aiding and Abetting, in violation of 18 USC §1347, 2(a),(b) as charged in Counts 1-5 of the 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:
It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due
It is ordered that the defendant shall pay restitution in the total amount of $78,000 under 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as follows: Victim: Medicare; Amount $78,000.
The 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, monthly payments of at least 10% of defendant's monthly gross income, but not less than $150 , whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
Under 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 to restitution.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, David Kyu Lim, is hereby committed on Counts 1 through 5 of the Information to the custody of the Bureau of Prisons for a term of 5 months. This term consists of 5 months on each of Counts 1 through 5 of the Information, to be
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 through 5, all such terms to run concurrently, under the following terms and conditions:
During the period of supervision, the defendant shall serve a period of five months in a home detention program which may include electronic monitoring, GPS or voice recognition, and shall observe all rules of such program, as directed by the Probation Officer. Furthermore, the defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment.
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 participate in a mental health counseling program as directed by the Probation Officer, until discharged by the treatment provider, with the approval of the Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
The defendant shall not be employed in any position that involves submitting medical billings to the federal or state government without prior approval of the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and
The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments, and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...