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United States v. Fry

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 28, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIAM R. FRY (1), GERONIMO RUBIO (2), DEFENDANTS.

The opinion of the court was delivered by: John A. Houston United States District Judge

ORDER TO CORRECT THE JUDGMENT ORDERS FOR CLERICAL ERROR PURSUANT TO FED. R. CRIM. P. 36

UPON CONSIDERATION of the parties' Joint Motion to Correct the Judgment Orders for Clerical Error Pursuant to Rule 36, IT IS HEREBY ORDERED that the Clerk of the Court make the following corrections to each of the Judgment Orders:

A. Defendant Fry's Amended Judgment should be corrected in the following manner:

1. The restitution figure to the IRS should be $264,078.

2. The total amount of restitution should be $327,315.42 which includes the full health care fraud restitution amount of $63,237.42.

B. Defendant Rubio's Judgment should be corrected in the following manner:

1. The restitution figure to the IRS should be $306,311.

2. The total amount of restitution should be $369,548.42 which includes the full health care fraud restitution amount of $63,237.42.

Each Judgment should include language that the two defendants are only jointly and severally liable for the $63,237.42 which is the agreed-upon health care fraud restitution amount.

Each defendant is individually responsible for their remaining unpaid taxes:

Fry - $264,078

Rubio - $306,311

The Clerk of the Court is directed to forward restitution payment to the IRS at:

IRS-RACS Attn: Mail Stop 6261, Restitution 333 W. Pershing Avenue Kansas City, MO 64108

IT IS SO ORDERED.

20100528

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